Chairman Dave Robinson stated that Dale Coulam has given them a draft. Mike Haycock stated that Chapter 17 is Resort Requirements. There are RV, recreational vehicles requirements and RMU, Resort Mixed Use requirements. We have already established that it is really difficult to meet those requirements in the Resort Mixed Use. RV is specifically for recreational vehicles, and there is no Resort Commercial section. We have defined two of the three Resort zones with requirements. We don't have anything for Resort Commercial in the Resort Chapter. Out of the Table of Uses it shows which elements of the design chapter apply to buildings in the Resort Commercial zone. It you are looking for requirements for Resort Commercial, that is where you would find what chapters of the Zoning Ordinance you needed to comply with for your project. Parking requirements out of the parking chapter shows hotel, which is the closest thing to a definition for resort hotel that we have. It shows one space for each sleeping unit, plus one space for each employee and ADA. That is where we get parking requirements, is from that definition. As requested we brought forward the requirements for Bed and Breakfast. We should probably develop some guidelines for Resort Commercial. Maybe one car per 500 sq ft or the bigger the unit, the more parking is required. These are more for a rental inside of a pool. If you have a bigger unit there could be 4-5 cars. Chairman Dave Robinson stated in short-term rentals, there can be multiple renters. He stays in them a lot when he travels and gets a three-bedroom for him and the kids. Basing it on bedrooms is a legitimate factor, but sq ftg could also, because if it is a large two-bedroom it could have relatives and a gathering spot and need parking spots for those. He can see both being a factor. Mike Haycock stated you can start the discussion off of what you already have and what direction you want to make to City Council. Dale Coulam stated he pulled up the ordinance that City Council passed that eliminated the ability to apply or obtain approval for future short-term rental overlays, but they left intact regulations regarding short-term rentals that were previously approved in the overlay. Do you want to tweak any of those requirements or regulations? It is not absolutely necessary to make a separate part of the Resort Chapter for Resort Commercial. We don't have a dedicated part of the code that deals with convenience stores for example. They go through the code just like a convenience store or restaurant and they find the parking requirements, the lighting section, or design guidelines. All of those things are in the code. Resort Commercial is commercial. RV City Council wanted the requirements to be very strict and that is why it is in a separate section. Mixed Use Overlay was a carryover from long ago and we have seen how that doesn’t really work. We can gather the requirements for Resort Commercial and try to make a separate part under the requirements. It would make sense and it would all be there in one place, but there are already regulations over Resort Commercial. Chairman Dave Robinson inquired if he was suggesting they make the short-term rental overlay requirements the same as Resort Commercial? Dale Coulam stated no he is not suggesting anything. City Council asked that the Planning Commission look at the requirements for short-term rentals that were left intact and they struck the ability to apply for future short-term rentals. Now would be a good time to review the regulations and see if you want to tweak those areas at all. City Council suggested to look at the requirements for Resort Commercial and see if there is anything that needs to be tweaked in those areas and regulations. Then the Planning Commission asked to see the requirements for a bed and breakfast, which we have. Nothing HAS to change. It is up to you to figure that out and make that recommendation. You have the current ordinances as they exist today. Do you want to tweak them at all, or are you okay with leaving Resort Commercial as it is. Those requirements are already in the code. There are parking sections of the zoning ordinance that shows how many spaces for that type of use. It is addressed and regulated. The regulations are there for various commercial uses. It is in the code but the question is if you want to create a separate part under Resort requirements or anything under bed and breakfast that you want to change. We just dealt with the Short-Term Rental Overlay Ordinance so City Council thought it would be a good time to look at the regulations. They are not saying you have to, or making any suggestions. It is just up to you to review and look at these to see if you are comfortable or want to make some changes. Chairman Dave Robinson stated that on Short-Term Rental Overlay as he reads it, it is fairly strict but he doesn’t feel like it needs to be changed. In the Resort Commercial he thinks we should implement certain parking requirements within that section. It is addressed in other places, but it should be addressed within that ordinance. He hasn’t read the bed and breakfast requirements yet. Commissioner Pam Gardiol stated there are some items in the Short-Term Rental Overlay Ordinance 2022-14 that need to be clarified. All compound words should be hyphenated throughout the document. Under Elements on page two, fifth paragraph down, it says "the project plan may have been required to be accompanied by a development agreement." What would the elements be that make the development agreement measurable to ensure compliance with the ordinance? Dale Coulam stated we reference in a development agreement that they will comply with the requirements of the zoning ordinance, and lately the issue is color and that is a negotiable item. They either meet the City's design guidelines or they will say otherwise. In a commercial setting, that new statute doesn’t apply. We say they have to comply with design guidelines in the development agreement. Some, like Black Desert Resort, are lengthy and involved. Others are fairly straightforward. We talk about infrastructure they are required to put in. It spells it out in the development agreement, and makes it easy to go back and check that they comply with those requirements. TRC discusses those with an applicant when they come in and they are fairly standard. They just need to comply with our regulations but we put it in an agreement to make it clear. It gets recorded with the property and runs with the land and binds future owners. It can talk about phasing and the terms of that. A Conditional Use Permit is where a lot of requirements are spelled out, and the Development Agreement refers to presentation materials they give us and show us what the project is going to look like. It states that they will build it according to the presentation materials. They have to build what they show us. Commissioner Pam Gardiol inquired if there are things in the Development Agreement that give the City teeth if there is a violation of use that is invasive to the community? Dale Coulam stated that the Development Agreement is focused on the building and the Conditional Use Permit is where we set forth requirements to mitigate adverse impacts. If they violate that they risk losing their Conditional Use Permit. Commissioner Pam Gardiol inquired where do we talk about the Conditional Use Permit and if there is a violation? Chairman Dave Robinson stated that this shapes that agreement. We set the standard and the rules and that shapes that agreement. Commissioner Pam Gardiol stated that the Conditional Use Permit is the teeth and the leverage for the City. Mike Haycock stated that the Conditional Use Permit will be in place and since we capped the zone, we won’t have any more new development agreements. Just the existing ones. We won’t be approving anymore short-term rental overlays. In Resort Commercial you can have resort hotels. Chairman Dave Robinson stated the difference is it is not a bunch of individuals, but done through a central booking system as part of that structure. Commissioner Doug Clifford inquired what is the impact of the current number of overlays that is on the books? How many are we looking at? Mike Haycock stated he doesn't know how many units, but 2-3 neighborhoods. Encanto and the one on the southern end is not pursuing the short-term rental aspect. Commissioner Bob Morris stated it has to be 5 acres, right? Dale Coulam stated it may be large enough. Across the other side of Main Street is another parcel that has the overlay, but they haven’t done anything on it. There are a couple parcels that still have short-term rental overlay on it. 10-15 total acres maybe. Chairman Dave Robinson stated in this document it is a moot point because there are no more of these to be established. Commissioner Pam Gardiol stated they could come back. The overlay is for existing properties, except if they are doing Resort Commercial or hotels. Dale Coulam stated that is Resort Commercial and there are regulations already in the code for that. We need to add resort hotel to that. There are changes in the code that we could generally make to address Resort Commercial but do we pull all those requirements together and put it in as a separate part in the chapter for resort requirements? They are in the code already for Resort Commercial. Commissioner Pam Gardiol stated yes but it would be valuable to have all of the code in a section to review it. Being able to search online through all of the codes is an overwhelming task and her eyes glaze over. Putting it all in one place is valuable. Chairman Dave Robinson stated short-term rental overlay is good the way it is. It is not gong to expand. It is a moot point. His concern is Resort Commercial and he believes we need to gather that in Resort Commercial for parking but he does not believe as a whole that we need to put the overlay into Commercial. A lot in there is over the top. We need to assemble in the Resort Commercial what we want established. Commissioner Pam Gardiol stated she still questions how this will be enforced. Many municipalities have wonderful ordinances but why have them if we don't have the capacity and capability to enforce them? Mike Haycock stated under the Table of Uses there is a Class IV and Class V and most everything comes back to Planning Commission and/or City Council and when you build the Conditional Use Permit you have a complying subdivision. That is the enforcement. Chairman Dave Robinson stated which is constructed of our ordinances. That is his point. Mike Haycock stated building height shows that 35 ft is already in place in the Resort Commercial zone through that table. Commissioner Doug Clifford stated that there won’t be any additional units and things now fall back to future development, and Resort Commercial and horizontal hotels. We have almost developed this boogeyman image of short-term rental because of all the comments, but it is not even on the books. Chairman Dave Robinson stated it is just the possibility of it in the Resort Commercial. It is not guaranteed to be short-term rentals. Commissioner Doug Clifford inquired why have a hotel he couldn’t rent? It comes with the territory. Mike Haycock stated most of the Resort Commercial zone is already being developed as well. We don’t have a lot of that left either. Chairman Dave Robinson stated our point was to keep it on the outer edges, and not the center. Dale Coulam stated that the Short-Term Rental Overlay doesn’t apply to Resort Commercial. The overlay is for a residential use. Your zoning is residential and is based on density. Resort Commercial is commercial. Short-Term rental overlay doesn’t have a Conditional Use Permit, it has a Development Agreement. There is no more to be approved, so it is a moot point. Resort Commercial will have a Conditional Use Permit and you go to the non-residential Table of Uses and see what Class, usually IV or V, and involves a Public Hearing to determine potential adverse impacts and any reasonable conditions to mitigate those. If there is an allowed use you can’t deny it, but we can put conditions on it. We've done that on other commercial projects. The regulations are there for Resort Commercial, but we can pull all the regulations into a separate part for Resort requirements. We can have Staff start from there and then are you okay with bed and breakfast? What are we changing, what do you want tweaked and what to bring forward for next meeting? Chairman Dave Robinson stated that he does not think it works to pull everything from short-term rental overlay over to Resort Commercial. The law is set. It is what it is. It can't go anywhere. There is nothing more to do with it. Our concentration should be on the Resort Commercial. He would love to have Staff put it with the zone and simplifies our job and the public's ability to see it. He is a former contractor and builder. If Joe Public can’t find it, we need to make that easier for them. Mike Haycock on the Resort Mixed-Use and Resort Commercial zone we don’t want them to look alike, but there are amenities and density we can maybe define and spell out, not just the parking. Commissioner Pam Gardiol stated that she would like to see that as well. Commissioner Bob Morris stated that we don't need to touch the short-term rental overlay. It is being controlled through zoning. We don't allow them anymore. There is no need to go in and create a whole new section. It is in the code and that is the teeth. He didn't want bed and breakfast to be drawn in. That is part of our affordable housing making it possible for young couples to buy a house. That is where he stands. Commissioner Doug Clifford stated that the short-term rental concept vision is way out of focus. It doesn’t exist in our area. From a residential standpoint it doesn’t exist except for those last few places. There is no reason to spend time dredging that up. Bed and Breakfast should exist as affordable housing. He will make more comments on that later. Enforcement of the code and the Development Agreement can be very strict. It is easy to shut someone down if they violate the code of the community. Code and regulations are there to be enforced and we do enforce them. Chairman Dave Robinson stated there are things that do need to be addressed in there, especially in the parking. Making it easier to see what those are and then if we wanted to address Resort Commercial they could be connected. Commissioner Doug Clifford stated that in Resort Commercial it may make sense to pull a concept together for horizontal hotels and put the parking into that. Effectively we know what it looks like. A bunch of individual residences that are linked together with management and common amenities and operates like a hotel. Spreading it out changes it and are valuable to note like parking, trash and garbage. That is the reason to focus on Resort Commercial and clean it up and make sure it covers all of the different types of Resort Commercial we have. Commissioner Pam Gardiol stated the concept of horizontal hotel is having multiple points where there can be a party. On the short-term rental document she would recommend that as we create the horizontal hotel section, we have more substance. On 16.07.814 convenience in layout the last sentence says the subdivision drawings and covenants, conditions and restrictions shall be reviewed and accepted by the Commission and City Council. She wonders what is the specific criteria for that review? Should it reference the ordinance so that when the Commission and Council review those we are reviewing them against specific criteria. Chairman Dave Robinson stated that is the code. Commissioner Pam Gardiol stated she recommends putting the code number in the document to reference. Commissioner Bob Morris stated let’s get Staff to get it worked on. Mike Haycock inquired if the Commission wants him to develop a Resort Commercial chapter? Dale Coulam stated Staff just needs direction. Chairman Dave Robinson stated yes we would like to see a subsection with the ordinances for that. Mike Haycock stated Resort Mixed-Use should be eventually rewritten as well and Resort Commercial we will focus on as horizontal hotel with commercial options in it. There are other commercial options in the Table of Uses other than resort hotel. Chairman Dave Robinson stated we are looking at Resort Commercial right now. Resort Mixed-Use is at a later date. Mike Haycock stated that the intent would be to do resort that has commercial options at the same time. Not resort hotel but Resort Commercial in whole. Commissioner Doug Clifford stated we should develop requirements under horizontal hotel. We need to define that. Mike Haycock stated under the designation of the zoning you would have Resort Mixed-Use and Resort Commercial there and resort hotel is a subsection. For now under Resort Commercial we will define resort hotel and put requirements to it. Later we can look at Resort Mixed-Use and Resort Commercial and make sure there is a split there. It has to be mixed use under Resort Mixed-Use and Resort Commercial could be any options underneath that zoning's approved uses. We have to define the Resort Commercial zone a bit but we will start working on it. It won’t be in two weeks. He will present here and there to see what direction he is going and get it back on the agenda. It will take time to develop it.
Dale Coulam stated that we have a cure period to identify deficiencies. There were a lot of cities that got that letter. The City Council took out accessory dwelling units because they said it was done. The State doesn’t like us changing the goals each time we report. They want to track it. You can add to those goals, but those first goals need to identify how to implement that and put some timelines to it. That is how they will see if we complied with our plan. The 90-day cure period ends mid-February. The State does not want us to submit a new plan; only address the deficiencies and write an ordinance. So that is in the goals section. We had proposed to work with another City as a goal, but we don’t have anything that is easy to flesh out or have a timelines for. Go back to accessory dwelling units and Mike Haycock has put together some language that talks about how these will be implemented and some timelines, and then put that into an ordinance. He gave the Commission a draft and that will be available for the public hearing next meeting to see the ordinance. Are you okay with what is proposed or do you want to modify it? When you are comfortable with it, we will hold a public hearing. Staff will submit the language you are comfortable with to the State and they will give us some feedback so when it goes to Council we will know if it meets their requirements. Mike Haycock stated that he gave them the list of all the strategies. Staff’s recommendation is accessory dwelling units but if you don't like that we can look at others. We have agreed on that one before and it would be easy to milestone and easy to date, for State law. That is a good path to benefit our community and accomplish our goal. Commissioner Pam Gardiol stated that she agrees. She reached out to Utah Housing Corporation and also spoke with Weber County Home Trust Fund for a possible future option as we evolve these next five years. As we go through these we need to think about what is next. Commissioner Bob Morris stated it looks great. What do we do now? Commissioner Doug Clifford stated regarding the document on the Moderate Income Housing plan, how much can we change that? Or is this only the deficiency list? Dale Coulam stated right now we can only cure the deficiencies. They want to see the goals, your milestones and timelines. They were very specific. We complied with that requirement and we are just curing the deficiencies. This is the deficiency list. Commissioner Doug Clifford stated he agrees with adding accessory dwelling units back on because we can get those to impact the community. We should do an evaluation of how many opportunities we have in the community for those. How many long, deep lots do we have that house an accessory dwelling unit within out community. He hates to drag that up again with short-term rentals but a lot of areas could be an opportunity for Moderate Income Housing because it reduces significantly the cost to the owner. and call it affordable housing. If those opportunities could do a bed and breakfast, they could build and have an accessory dwelling unit to allow that. Commissioner Bob Morris stated we have those that have a granny room or already have a casita. Those are already on 29 day rentals. That helps the buyer of the house. Mike Haycock stated accessory dwelling units by State law is 30 days. You can’t use an accessory dwelling units as a short-term rentals, but you can as a bed and breakfast. Chairman Dave Robinson stated accessory dwelling units were not set up as short-term rentals. It is a long-term rental for a casita. That is separate from bed and breakfast. Commissioner Pam Gardiol stated we are looking at how to find permanent or long-term housing for a variety of incomes in our community. Looking at different options to do that represents all income levels. We have a rich opportunity to look at those possibilities. Commissioner Doug Clifford stated it is more profitable to rent out the casita behind me as a short-term rentals and the only way he can afford it, we are missing a huge opportunity. If we force it under a bed and breakfast umbrella that is okay too. Chairman Dave Robinson stated he agrees. He doesn't think we can force it under that umbrella. Commissioner Bob Morris stated this is for another day. Commissioner Pam Gardiol stated we have heard loud and clear no more short-term rentals and listening to that is important. Whatever we create to ensure a variety of housing, not hotel or temporary stays is what government is about. Regarding short-term rentals, we have enough of that resort feeling in this community. The people that come to visit enrich our community, but they are not a part of it. They are guests in our community. We want people to come and stay and contribute to the community and raise families here. Chairman Dave Robinson stated that this is just two ways to accomplish the same goal. The milestone on SITLA 120 how do we approach that as effective? Mike Haycock stated at the City Council level they approved Residential Multi-Family. RM was on the one side of the Parkway and the other side is Resort Commercial. By approving RM, we accomplished that. Chairman Dave Robinson stated that is still under litigation. Commissioner Doug Clifford stated that we need to add data or a measure on that milestone to do numbers on accessory dwelling units. Let's say there were 800 possible spots that could have an accessory dwelling units. It would give us perspective. If we had 12 it wouldn’t solve the problem. It is an under-developed concept. Mike Haycock stated we are documenting how many new build accessory dwelling units we have. Most people don’t want to rent it out. It is for their family and their own personal guests. Commissioner Doug Clifford stated not if you are moderate income and trying to buy your home. Mike Haycock stated typically the accessory dwelling units we see are not for rentals, they are for family. We would need a business license to declare it for numbers. Commissioner Doug Clifford stated we need to educate the community of that potential. Commissioner Bob Morris stated that City Council turned down licensing. Chairman Dave Robinson stated that we have three potential ways. The homeowner who owns their home, rents the casita inexpensively, that is a moderate income family living there. Two is that the person that buys may not be able to afford without renting. That helps two moderate income families. Third is renting as a bed and breakfast to have limited income and they use it as supplemental to their income. The way the City sees those is different. Does accessory dwelling units have to be a permanent structure? Mike Haycock stated yes. Chairman Dave Robinson stated some are camp trailers. Does it need wheels? Mike Haycock stated that the ordinance from the State of Utah was built area, like a basement and three parking stalls, then you could turn that built area into an accessory dwelling units. Chairman Dave Robinson stated he gets that. He gets the separate casita. What he is saying is there is a massive trend in tiny housing and there are several manufactures in Washington County. Some are made on wheels and some remain on wheels. But some are dropped like a modular or storage shed, and sit on raw ground. How does that play into accessory dwelling units? Commissioner Bob Morris stated that this would be an opportunity to say it is okay to have a tiny home on your lot and to rent it. Chairman Dave Robinson stated it is a gray area. Commissioner Bob Morris stated that is what we are looking for is gray areas to tweak them and show the State. He is not saying we should do it, but that is an area. We see licensing as getting our data. Mike Haycock stated that conex boxes are specifically prohibited. Commissioner Doug Clifford stated that accessory dwelling units would be the minimum of what a modular home would be. Chairman Dave Robinson stated that back to the document at hand, he is happy with it. Commissioner Pam Gardiol stated if we can’t edit anything other than what is to be cured then that is all we need. Dale Coulam stated we will do a Public Hearing and get their ideas and then recommend it to City Council.