Planning Commission Meeting

January 6, 2015

Planning Commission

Meeting Minutes

January 6, 2015

1.  Call to order/Roll Call

Chairperson Lee Bennett called to order the regular meeting of the Planning Commission at 6:30 pm on Tuesday, January 6, 2015. A roll call was conducted; the following commissioners were present:

Chairperson Lee Bennett

Greg Adams (absent)

Tom Wigginton

George Matocha

Amber Johnson

City Administration:

Assistant City Manager Oliver Crane

City Manager Ty Bailey

Deputy Recorder Wanda Skinner

Mayor Tim Young

Visitors:

Scott Frost

Monte Wells

Vernon Hatch

Carson Wells

Devin Hatch

Jaxson Wells

Jonah

Paxton Christensen

Michael Carpenter

Coby Christensen

Jerry Murdock

Steven Duke

Rick Clark

Eric George

Elizabeth George

George Rice

Steve Draper

Jason Davis

Harrison Redd

Cindi Holyoak

Dawn Howe

Jeff Frost

2.  Approval of Minutes from Last Meeting

On Tuesday December 30, 2014, minutes & agendas were emailed to meeting attendees.

MOTION was made by Commissioner Tom Wigginton to approve the minutes with Corrections of the December 2, 2014 Planning Commission Meeting. The Motion was seconded by Commissioner Amber Johnson and passed unanimously.

3.  Public Comment

None at this time. Public Comment was made during the Short Term Room Rentals item.

4.  Public Hearing: Short Term Room Rentals

Public Hearing started at 6:40pm

Jason Davis from the Blue Mountain Horsehead Inn spoke and questioned when was the meeting posted? He stated that a lot of Hotel Owners who would like to be present were out of town. Hotels are zoned for this kind of business and the pay 11.6% in taxes. Would these short term rentals be required to carry insurance and taxes? Hotels have enough parking for guest. These rentals would bring noise to the residential zones as well as increase in traffic. Cindi Holyoak spoke stating that she owend a rental property and was adding another one. Short term homes would take away the ability for income for owners. They will add to Business & Restaurants business. People will go elsewhere if they don’t find what they are looking for. Usually there is only 1 car. They have rented to couples, hunters, family reunion, pilot & his daughter. One family did have an argument with the neighbor. Please consider if there really is a need to restrict. Take the advice of the White Paper. (pg17) Steve Draper commented that he lives across the street from a short term rental. Over the Christmas holiday there were 6-7 cars parked in front of neighbors’ homes, there was loud noise until 11:30-12:00pm at night. He stated you never know who is coming in and out. He is against this. Need to look at the safety of these rentals. Jerry Murdock said he appreciates the concerns. The rental of concern is one of his properties that he rents through his business. He stated that there were 8 people in a 5 bedroom home. They had visitors come by. He added that in 2014 he collected $25,309 in taxes. Besides taxes all homes are insured commercially. He reported having spoken with the Police Chief who said that parking and noise is already covered under other codes. There has not been a police call to his knowledge. The police dept. does receive calls on long term rentals. The ratings on his website are very important to him and his business. They only rent to how many people the home will hold. These rentals add over 100 families to San Juan County. Eric George spoke and said that people who rent Hotels aren’t going to rent Rental homes. The possibilities of something happening are very slight. If we continue to code everything we are “killing the home of the Brave” we want to live in a free nation. And this is the cost of freedom. These are people who want to sell their homes but haven’t been able to. The law is only to protect the rights of the individual.

Public Hearing closed 6:58

5.  Short Term Room Rentals

The following is a summary for the Short Term Room Rental discussion:

OPPORTUNITIES:

·  A new revenue source for property owners and local businesses

·  No conflict between short term rentals and motels because they cater to different guests

·  Increases the kind of visitors who will stay in town

·  Existing City code addresses most issues with short term rentals

·  Positive experience by those already doing short term rentals

·  Existing short term rentals carry commercial insurance

·  Putting too many people in a short term rental is unlikely because it detracts too much from the experience and is bad for business

·  Good housing for family reunions

·  Viable use of vacant houses and helps owners pay their taxes

CONCERNS:

·  Short term rentals should pay the same taxes as motels

·  Will short term rentals have to carry the same insurance coverage as motels?

·  How will short term rental owners who fail to pay their taxes be identified and dealt with?

·  Adequate parking for short term rentals

·  Noisy guests and late night parties already a problem in at least one short term rental

·  Increased traffic in residential neighborhoods that have short term rentals

·  Continual flow of "strangers" into neighborhood threatens safety of local children and families

·  Too many short term rentals will take business away from motels

·  Businesses should be centered on Main Street and not scattered in residential areas

·  City needs to establish number of people per bedroom for short term rentals

·  Too many regulations erode American freedom

·  How will the City know which short term rentals have failed to pay their taxes to the State?

·  Property owner or manager should be the one to enforce the regulations unless the situation is so bad that police are needed.

·  Short term rentals are not appropriate in the R-1 zone, but that's where most of the existing short term rentals are located

·  Presence of too many short term rentals in a neighborhood will bring down property values and make house sales harder

OBSERVATIONS:

·  What data suggest that regulation of short term rentals is required?

·  In 2014 a property management company collected about $25,000 in taxes from short term rentals, including sales tax and Transient Room Tax (TRT)

·  Will short term rentals helpthe City regain its "resort tax" designation?

·  Is the Fire Code for short term rentals the same as motels or single family dwellings?

·  Use a permit application to obtain necessary information, such as owner and property manager contact information, copies of tax licenses, and who tocallin an emergency.

·  What impact will short term rentals have on the City's ability to address moderate income housing needs?

·  The R-1 zone was created many years ago when the City's economy was very different from today; maybeit is time to rethink this designation.

6.  General Plan Update

Chairperson Bennett reported that the General Plan hasn’t been updated for several years and the State of Utah is now holding cities to it. ACM Crane added that there is a rough outline for the low-mod income housing. The Survey was pushed to February. Goals will be revisited once the Survey is complete. Public Moneys cannot be spent for non-goal items.

7.  RV Code

Discussion on which part of the RV Code needs to be adjusted. Mayor Tim Young would like to see the whole code redone. Commission will have suggestions for changes at next meeting.

8.  Night Sky Pros & Cons

Chairperson Bennett reported on the lighting used at the new Elementary School. They did use some direction lighting and lighting under canopies. There are some fixtures which omit more lighting. Bennett also reported speaking with an architect whom says his firm only uses Night Sky standards. Commissioner Matocha checked Family dollar’s fixtures against the code and reported they were within the proposed code. Commissioner Johnson doesn’t think business will be detoured; dimming lights would keep them compliant. Putting in an ordinance helps the City maintain a precious commodity. We can advertise as a Community with this resource. Commissioner Wiggington stated that we have something very unique here.

9.  Other Information/Discussion

Questions on how to change the passwords on city emails. Commission would like to have water at meetings.

10.  Date/Agenda Items for Next Meeting

Date of next meeting will be: Tuesday, February 3, 2015 at 6:30 p.m. Agenda items will be: RV Code, Short Term Rentals, General Plan

11.  Adjournment

MOTION was made by Commissioner George Matocha to adjourn the meeting at 9:07 p.m. The motion was seconded by Commissioner Tom Wiggington and passed unanimously.

ATTEST: ______

Wanda Skinner, Deputy Recorder

Minutes APPROVED by: ______DATE: ______

Lee Bennett, Chairperson

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