Mrs. Thompson also explained the exception to the proposed parking standards for
STR licensures greater than 30 days noting that a new provision in the
“Supplemental use-specific standards” section of the regulations was created
whereby parking requirements applicable in the M-DT or an adopted overlay zone
would prevail when a conflict arose between the general requirements.
Mrs. Thompson noted that several additional changes were made to the ordinance
for the purposes of clarity relating to language used and that a new registration
requirements section was created to consolidate several pre-existing requirements
into a single location that shared the same topic. She noted that these registration
standards could have also been shown only in the administrative provisions, but
thought they would be useful in the zoning requirements as well.
Ms. Thompson concluded her overview of the revisions by noting that the
conditional use provisions had been modified to ensure consistency with the
updated terms used elsewhere in the regulations. Additionally, she noted the
provisions contained in CUP criteria # 5 were modified to address the Commission’s
desire to have “adjoining” replaced with “neighboring” as it dealt with any property
owners supporting the establishment of an STR.
Upon completing the presentation of the changes, the Chair sought input from
Commissioners as it related to any issues or additional changes that where
believed necessary. None were offered by the members present; however, a
question of clarity was asked relating to the current structure of the regulations of
not violating the recent court decisions within the 5th and 9th Federal Districts.
Mrs. Thompson noted that the current structure of the ordinance was not violation
of those decisions.
There being no additional comments or recommendation for changes, the Chair
asked for a vote on the regulations as presented. The six Commissioner’s present
voted unanimously to present the modified ordinance to the City Council for
consideration. Follow this motion and vote, the Chair sought clarification on the
next steps forward. Mr. Zenner noted that the staff would prepare a report that
would be presented to the Council on October 2 seeking direction to proceed
forward with formal public comment and scheduling a public hearing. Mr. Zenner
noted that a special public hearing on this matter would likely be most appropriate
after which the Commission could choose to continue the hearing or take a vote on
the regulations.
After a momentary pause in the discussion, Mr. Zenner indicated that the report to
be prepared for Council’s consideration would include several staff observations as
it related to particular aspects of the proposed regulations where it was believed
modifications could be considered that may enhance the overall acceptance and
functionality of the standards. Mr. Zenner noted that staff had an obligation to
point out possible issues with the ordinance and that informing the Commission of
this in advance was seen as essential such that full transparency between the staff
and the Commission existed. Mr. Zenner further noted that this action is not one
that generally occurs given regulatory issues are often drafted collaboratively and
have support from both the staff and the Commission.
Mr. Zenner referenced several areas of the proposed regulations where potential
modifications could be made to easy the administrative burden upon the staff,
Commission, and Council, as well as potentially enhance the effectiveness of
several of the underlying objectives of the ordinance. Following such comments,
several Commissioner’s questioned how staff could write such a report given the
Commission’s unanimous approval and that the topics noted were considered
“addressed” and no longer relevant. Mr. Zenner noted that he was capable of