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CITY COMMISSION AGENDA ITEM |
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Department: |
Planning & Development Services |
Commission Meeting Date: May 14, 2019 |
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Staff Contact: |
Jeff Crick, Planning Manager |
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Recommendations/Options/Action Requested: |
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Provide direction to city staff on whether to revise the existing short-term rental program, if appropriate. |
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Executive Summary: |
On Friday, March 15, 2019, Commissioner Boley asked for additional information for the special use permits scheduled to be considered at the March 19th, 2019 City Commission meeting (SUP-18-00571, SUP-18-00611, and SUP-18-00625). The City Commission deferred these applications in order to address Commissioner Boley’s questions regarding the effects of short-term rental uses in relation to questions about taxing and other items related to similar uses such as Hotel, Motel, Extended Stay uses. Additionally, both the public and the Lawrence – Douglas County Planning Commission have posed questions they would like to be considered when analyzing a special use permit application. A memo with responses to the questions was provided to the Planning Commission for their April 24th, 2019 meeting. Additionally, the Planning Commission’s commentary was incorporated into the memo beneath the applicable topics.
The text amendment permitting short-term rentals was initiated by the City Commission at their February 20th, 2018 meeting to allow this use in zoning districts where household living is currently a permitted use. This amendment was based on public input received at an open house meeting (September 26, 2017), a Lawrence Listens survey (September 26, 2017 to October 13, 2017), and the City Commission’s guidance from their November 14, 2017 work session on this item.
Changes to the Land Development Code were adopted via Ordinance No. 9481, permitting short-term rental units as an accessory use to the principal household living use when the unit is owner-occupied, and requires the approval of a special use permit by the City Commission when the unit is not owner-occupied. Additionally, Ordinance No. 9560 established the annual short-term rental licensing and inspection program. The program became effective on November 1st, 2018.
Since the program’s adoption, staff has observed challenges associated with the special use permit process for non-owner occupied short-term rentals. It appears that most everyone involved: applicants, neighbors, staff, the Planning Commission, and the City Commission, have varying levels of confidence in the special use permit process delivering consistent and positive outcomes. In staff’s opinion, the special use permit process may not be the best process for this land use type. Some possible alternatives to the existing program may include, but are not limited to:
· Administratively license all short-term rentals with stricter standards related to such items as parking, occupancy, and other key factors to address the emerging concerns of all involved. · Prohibit non-owner occupied short-term rentals, but permit the City Commission to grant a waiver for use, similar to allowing alcohol within the public rights-of-way. · Allow non-owner occupied short-term rentals in only nonresidential and/or non-RS zoning districts.
At this time, staff seeks the City Commission’s direction to maintain, amend, or revise the existing short-term rental program.
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Strategic Plan Critical Success Factor |
Safe, Healthy, and Welcoming Neighborhoods Economic Growth and Security |
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Fiscal Impact (Amount/Source): |
Not applicable. |
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Attachments: |
Staff Memo Summary of PC Comments - Added 05/10/19 |
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Reviewed By: (for CMO use only) |
☐TM ☒DS ☐CT ☐BM |