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Home My Public Portal About2017.09.28 CUP-17-03 Conifer Lodge Short Term RentalIN RE: Conifer Lodge Large Short Term Rental Conditional Use Permit Application Number: CUP-17-03 Conifer Lodge Short Term Rental — Findings of Fact McCall City Council —September 28, 2017 Page 1 of 10 McCALL CITY COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION Instrument # 409218 VALLEY COUNTY, CASCADE, IDAHO 10.6-2Y17 OE:24:22 AM Ns. er raves: le Recorded for : CITY OF MCCALL DDIx3LAs A. MILLER Fes: o E:-0BiNo Itecordsr Deputy iJ off Index be: MISCELLANEOUS RECORD FINDINGS OF FACTS Applicant: Tuft Family Revocable Trust Representative(s): Millemann, Pittenger and Pemberton LLC Application: Conditional Use Permit for short term rental of a residential property with an advertised maximum occupancy of thirty-five (35) individuals. Location: McCall Acreage Tax No. 45, NW1/4, SW1/4, Section 3, T18N, R3E, BM, City of McCall, Valley County, Idaho. Property Address: 925 Conifer Lane, McCall, Idaho 83638 Public Notices: Newspaper: The Notice of Hearing was published in the Star News on August 3, 2017. Mailing: The Notice of Hearing was mailed by the applicant to property owners within 300 feet on August 8, 2017. Posting: The Notice of Hearing was posted by the applicant on the subject parcel on August 8, 2017. Procedural History: At its July 18, 2017 special meeting, the McCall Area Planning and Zoning Commission held a properly noticed public hearing and recommended the Conditional Use Permit to City Council for approval with conditions. At its August 24, 2017 regularly scheduled meeting, McCall City Council opened the public hearing, heard public testimony, directed the applicant and staff to Conifer Lodge Short Term Rental — Findings of Fact McCall City Council — September 28, 2017 Page 2 of 10 provide additional information for its consideration, and continued the public hearing and decision on the matter to the September 28, 2017 regularly scheduled meeting. Zoning: R4 — Low Density Residential Property Size: 19,800 sq. ft. (.45 acres) Lot Coverage: The existing lot coverage which includes the footprint of the existing house, patio, paths, and drive/parking area off of Strawberry Ln. is 5,695 sq. ft., which is 117% of the total allowable lot coverage, pursuant to McCall City Code (MCC 3.3.06). These site improvements were completed prior to lot coverage requirements being enacted in 2006. No additional improvements subject to lot coverage are proposed or allowed. Building Height: The height of the existing building is not provided by the applicant and is unknown. However, no changes are proposed to the existing structures. Therefore the height of the building is not affected by the proposed Conditional Use Permit. Setbacks: The distance of existing setbacks is not provided by the applicant and is unknown. However, no changes are proposed to the existing structures. Therefore, the setbacks of the buildings on the property are unaffected by the proposed Conditional Use Permit. Parking Spaces: Provided/Existing: Seven (7) on -site parking spaces off of Strawberry Lane are indicated on the site plan. Additionally, two (2) cars can be parked within the existing garage. Conifer Lodge Short Term Rental — Findings of Fact McCall City Council — September 28, 2017 Page 3 of 10 Required: McCall City Code table 3.8.062 stipulates that two (2) parking spaces are required per dwelling unit, regardless of number of bedrooms or occupants. APPROVAL STANDARDS Title 3, Chapter 13 Conditional Use Permit A Conditional Use permit shall be granted only if the Commission finds that the use, as applied for, will: 1. Constitute a conditional use authorized in the zone involved. The short-term rental of a residential dwelling to an advertised occupancy of 20 persons is conditionally permitted in residential zones, pursuant to McCall City Code (MCC 3.3.02). 2. Be harmonious with and in accord with the general objectives and with any specific objectives of the comprehensive plan and/or this title. The McCall Area Comprehensive Plan (2007) (Comp Plan) recognizes that the McCall economy has "transitioned from a resource -based to visitor -based economy" (pg. 129), but does not include specific goals or strategies relating to provision of accommodations for visitors. Additionally, the Comp Plan includes a goal to "preserve, protect, and enhance McCall's natural environment and community character" (pg. 62). 3. Be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or likely character of the neighborhood, and that such use will not change the essential character of the surrounding area. The built character of the property is a 5800 sq. ft. ten -bedroom, seven -bathroom, residential dwelling with parking area in front that exceeds the typical scale or appearance of the neighborhood. The operation of the property as a large short-term rental includes quiet times from 10 p.m. to 8 a.m. which are posted on the Conifer Lodge Short Term Rental — Findings of Fact McCall City Council — September 28, 2017 Page 4 of 10 property and included in the rental agreement, and prohibition of outdoor amplification. These operational measures are intended to minimize the impacts of the large short-term rental on the neighborhood. 4. Not be detrimental to the health, safety and general welfare of persons residing or working in the neighborhood of such proposed use. The operation of the property as a large short-term rental includes quiet times from 10 p.m. to 8 a.m. which are posted on the property and included in the rental agreement. Additionally, outdoor amplification and on -street parking is prohibited. These operational measures are intended to minimize the impacts of the large short-term rental on the neighborhood. 5. Not cause any substantially harmful environmental consequences to any land or waters within the planning jurisdiction. The property is currently served by central water and sewer services. A culvert along the Strawberry Lane property frontage is undersized and does not allow proper drainage. 6. Not create excessive additional public cost for public facilities and services, and will not be detrimental to the economic welfare of the community. It is uncertain what, if any, negative economic impact the large short-term rental may have on neighboring properties. 7. Be served adequately by essential public facilities and services including highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools. The applicant may be required, as a condition of approval, to mitigate any deficient public service. The property is currently served by central water and sewer services. Occasional police services to address noise disturbances generated by the short-term rental is likely, but this service does not create excessive additional public cost. Additionally, the Fire Department has visited the site and does not express any concerns regarding the short-term rental use of the property. Conifer Lodge Short Term Rental — Findings of Fact McCall City Council — September 28, 2017 Page 5 of 10 8. Not involve uses, activities, processes, materials, equipment or conditions of operation that will cause unreasonable production of traffic, noise, smoke, fumes, glare, odors or other forms of pollution. The operation of the property as a large short-term rental includes quiet times from 10 p.m. to 8 a.m. which are posted on the property and included in the rental agreement. Additionally, outdoor amplification and on -street parking is prohibited. These operational measures are intended to minimize the impacts of the large short-term rental on the neighborhood. It is likely that the large short-term rental use of the property generates additional traffic, but the extent is unknown. 9. Have vehicular approaches to the property so designed as not to create a detrimental interference with traffic on surrounding public or private thoroughfares, or adversely affect the pedestrian environment. The subject property currently has two unrestricted drive access points off of Strawberry Lane. These driveway accesses are proposed to be narrowed to two one-way access points that are twelve feet (12 ft.) in width. 10. Not result in the destruction, loss or damage of an important natural, scenic or historic feature. No known important natural, scenic or historic features exist on the subject property. 11. Be on a site of sufficient size to accommodate the proposed use, including the yards, open spaces, snow storage, walls, fences, parking areas, loading zones and design standards applicable. The McCall Building Official and McCall Fire Dept. have stated that there are no occupancy limits for residential units outlined in building or fire codes. Therefore, there are no restrictions on the number of individuals that can share the residential structure. On -site parking for nine (9) vehicles is provided. A cedar fence has been constructed to contain the use and minimize impact to neighboring properties. Adequate snow storage areas are indicated on the site plan. Conifer Lodge Short Term Rental — Findings of Fact McCall City Council — September 28, 2017 Page 6 of 10 12. Have a minimal negative economic impact on the neighborhood or surrounding community. It is uncertain what, if any, negative economic impact the large short-term rental may have on neighboring properties. In 2016, the Idaho Legislature (HB 2016) limited how local jurisdictions can regulate short-term rental use of private property to life and safety issues only. DEPARTMENT/AGENCY COMMENTS McCall Fire and EMS In an email dated February 26, 2017, McCall Fire stated that it has no comments regarding this application. Idaho Department of Transportation (IDT) In a letter dated February 28, 2017, IDT stated that it has no objections to this application. McCall City Engineer In an email dated July 5, 2017, the City Engineer stated the following: 1. No impacts or modifications to the water or sanitary sewer service for the property appear to be proposed by this application. 2. The Site Plan, Sheet S1 dated 6/15/2017, shows two (2) reconfigured driveways from Strawberry Lane at a width of 10' each. A Public Works Permit will need to be applied for and approved for modification and construction of these driveways, and will need to include a new culvert under each driveway (two culverts total) and construction of a drainage ditch along the frontage of the property within the Strawberry Lane Right -of -Way. McCall Public Works Director In an email dated August 14, 2017, the Public Works Director stated that the request to widen the two driveway approaches off of Strawberry Lane to 12 feet in width is acceptable. Payette Lakes Recreational Water and Sewer District (PLRWSD) Conifer Lodge Short Term Rental — Findings of Fact McCall City Council — September 28, 2017 Page 7 of 10 PLRWSD was notified more than thirty (30) days in advance of review of the application by the McCall Area Planning and Zoning Commission. In an email dated March 8, 2017, PLRWSD stated that it had no comment. CONCLUSIONS OF LAW 1. The City of McCall has provided for the processing of Conditional Use Permits, authorized by Section 67-6512, Idaho Code, pursuant to Title 3, Chapter 13 of McCall City Code. 2. Adequate notice of the August 24, 2017 public hearing was provided, pursuant to Section 67-6512, Idaho Code and Title 3, Chapter 15 of McCall City Code. 3. Upon compliance with the conditions noted below, the application meets the Conditional Use Permit Standards set forth in Title 3, Chapter 13 of McCall City Code. DECISION THEREFORE, the McCall City Council hereby approves this Conditional Use Permit application, provided that the following conditions are met (the following Conditions apply to all periods during which the residence is rented): 1. The applicant shall maintain quiet hours from 10:00 p.m. to 8:00 a.m. on the subject property, including posting of these times prominently inside and outside of the property, inclusion of these hours in rental agreements to be signed by each renter, and provision to all neighbors within 500 feet direct contact information for property management to which concerns can be addressed. 2. The applicant shall install and monitor video surveillance and external decibel meters to ensure adherence with the conditions of approval. 3. Continuous and uninterrupted property management shall be provided that includes a direct contact person available twenty-four hours each and every day the property is rented. The property management shall include a person other than the owners who is experienced in property Conifer Lodge Short Term Rental — Findings of Fact McCall City Council — September 28, 2017 Page 8 of 10 management and who resides in McCall. The Management Plan shall be updated to include this property management and to clarify that property management shall investigate any complaint received from any persons whose real property in McCall is located within 500 feet of the subject property. 4. The maximum occupancy for overnight stay on the property shall not exceed thirty five (35) individuals. Guests who are not staying overnight are not included in the lodging occupancy. 5. The use of the property shall comply with the definition of "short-term rental" or "vacation rental', as stated in Idaho Code Section 63-1803(4), which provides that: (4) "Short-term rental" or "vacation rental" means any individually or collectively owned single- family house or dwelling unit or any unit or group of units in a condominium, cooperative or timeshare, or owner -occupied residential home that is offered for a fee and for thirty (30) days or less. Short-term rental or vacation rental does not include a unit that is used for any retail, restaurant, banquet space, event center or another similar use. No concerts shall be allowed on the property. No weddings or wedding receptions shall be held on the property unless an owner or member of the property management team is physically present during the wedding or reception. The property shall not be rented solely for the conduct of a gathering which is unrelated to renters occupying the home. 6. When the property is rented, vehicle parking shall be limited to nine (9) total vehicles; seven (7) within the graveled onsite parking area and two (2) within the garage. No parking of buses shall be allowed. The use of a bus to deliver and pick-up renters from the Home shall not violate this Condition. Any trailer or recreational vehicle which is parked on the property shall be parked within the designated parking area. No expansion of parking area shall be permitted and no parking shall occur within the public rights of way of Strawberry Lane or Conifer Lane or on other private property except with the permission of the owner of such property. Conifer Lodge Short Term Rental — Findings of Fact McCall City Council — September 28, 2017 Page 9 of 10 7. Driveway access shall be limited to two one-way accesses from Strawberry Lane (one entrance and one exit), each not to exceed twelve feet (12 ft.) in width. Additionally, the applicant shall obtain a right of way permit for the drive accesses and shall complete necessary drainage improvements as determined by the City Engineer, within thirty (30) calendar days from the date of City Council approval of this Conditional Use Permit. 8. Refuse containers shall be located within a building. 9. The property owner shall obtain a City of McCall Business License annually and shall pay all necessary Local Option Taxes for the short-term rental use of the property. 10. If the applicant continues to maintain a "Game Room" on the third floor of the residence, the sound generating features of any games in the room shall be disconnected, the windows in the room shall remain closed when the room is in use, and the room shall be carpeted. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKING ANALYSIS: The Applicant is hereby notified that pursuant to Idaho Code §67-8003, an owner of real property that is the subject of an administrative or regulatory action may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of McCall. Pursuant to Idaho Code §67-6521, an affected person i.e., a person who has an interest in real property which may be adversely affected by the issuance or denial of the application to which this decision is made, may within twenty-eight (28) days after the date of this Decision and Order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. Findings of Fact adopted this h day of September, 2017. Attest: BessieJo Wa;'er, City Cler STATE OF IDAHO, : ss: County of Valley Conifer Lodge Short Term Rental — Findings of Fact McCall City Council — September 28, 2017 Page 10 of 10 n, Ma�� On this 716 day of t�i19'� , 20� before me, a Notary Public, appeared JACKIE J. AYMON and BESSIEJO WAGNER, known, or identified to me to be the MAYOR and CITY CLERK, respectively, of CITY OF MCCALL that executed the said instrument, and acknowledged to me that they executed the same on behalf of THE CITY OF MCCALL. ````�,�uru1 mmiy,,i (SEAL) �```.��PY TY� f,) ,,'' Notary Public for�da .0OTAgy zt.'QVBL%G i z,`Pl.' . • • • 400. 4�l� Oft............... 0'`e Commission Expires: (D/S7ZZ