HomeMy WebLinkAbout04-21-17 Public Comment - J. Goetz-ShortTermRentalsJames l-1. GoetzRobert I(, BaldwinJ. Devlan GeddesTrent M. GaldnerBenjamin J. AlkeI(yle W. NelsonJeff'l'ierneyPaul S. BurdettVia E-MailMayor Carson TaylorDeputy Mayor Cynthia AndrusCommissioner Chris MehlComrnissioner J eff KraussCornmissioner I-Ho PomeroyGOETZ, BALDWIN & GtrDDBS, P. C.Attorneys at Law35 North Grancl (zip 59715)P. O. Iìox 6580Bozernan, MT 59771-6580April 21 ,2017'lelephone(406) s87-06r8Facsimile(406) s87-st44j!ri(?gsçlzlaryÎry.ça¡rCity of BozemanDeparlment of CommunityDevelopmentP.O. Box 1230Bozeman, MT 59771-1230agenda@bozeman.netRe: Short Term Rental Bozeman Municipal Code Amendment, Applicationl{o. I7 185Dear Mr. Mayor and Commission Members:My wife Jill Davenport, and I reside at 1019 S. 3"1, Bozetnan in an areadesignated as R-1. Because we are concerned about the potential corrosive effectsof short term rentals in our R- I and R-2 neighborhoods, we offer these comtnentson the short term rentals issue.Iìirst, it should be noted thatBozeman adopted a "growth policy," the"Bozeman Cornrnunity Plan" in June 2009. At that time, present CornmissionerJeff Ifuauss was on the Commission serving as Deputy Mayor, and presentCornmissioner Chris Mehl was a member of the Bozeman Planning Board-so Iassume they are quite familiar with this document.Montana law requires that zoning changes must cornply with adoptedgrowth policies. See Little v. Board of CounQ CommÌssioners of Flathead CounQ,1 93 Mont . 334, 631 P .2d 1282 ( 198 1 ). The Bozeman Community Plan states animportant policy regarding "neighborhoods:"
There is strong public support for the preservation ofexisting neighborhoods and new development being partof the larger whole, rather than just anonymoussubdivisions. This idea includes the strengthening andsupporl of existing neighborhoods through adequateinfrastructure maintenance and other actions. As thepopulation of Bozeman grows, it is harder to keep thesame "small town" feel because residents oannot be onfamiliar terms with everyone. The neighborhood unithelps provide the sense of farniliarity which can belacking in larger communities.Bozeman Community Plan, p. 3. This strong policy in support of existingneighborhoods is a core value and should be reflected in all planning and zoningefforts of the City. Given the work that went into the Bozeman Community Planand given the legal requirements that it be considered, it is surprising that the staffreport does not even give lip service to it.I join our neighbor Ron Brey in emphasizing the intent and purpose ofresidential zoning districts. Section 38.08.010 of the Bozeman Municipal Codepoint out the critical qualities sought to be preserved by these residentialdesignations:Section 2 The intent of R-l residential single-household's low density district is to provide forprirnarily single-household residential development andrelated uses within the City at urban densities and topr"ovide for such community l'acilities and services as willserve the area's residents while respecting the residentialcharacter and quality of'the area.The recent aggressive commercialization of short tertn vacationrentals threaten these neighborhood qualities.The city clearly has the authority just to say "no" to shorl-term rentals inresidential areas. Over 20 years ago, a California court in Ewing v. City of Carmel-By-The-Seø upheld a city ordinance which prohibited rental of residential properly
for fewer than 30 days, stating courts have "long recognized that maintenance ofthe character of residential neighborhoods is a proper purpose of zoning:"Short-term tenants have little interest in public agenciesor in the welfare of the citizenry. They do not participatein local government, coach little league,,.. or keep an eyeon an elderly neighbor. Literally, they ar:e here today andgone tomorrow-without engaging in the sort ofactivities that weld and strengthen a cornmunity.Because short tenn rentals threaten to erode these qualities, they should notbe allowed in R-1 and R-2 and R-S neighborhoods.More specifically, the staff proposal gives little comfort on the issue ofparking. While the report attempts to define densities in terms of persons perbedrooms, there is no specific consideration of parking issues.Finally, regarding the proposal for "type-3" rentals to operate pursuant toconditional use permits, I suggest, that because the lack of standards, this is not anappropriate approach. The Commissioners will recall several hearings on aneighborhood CIJP application on Cleveland Street last summer and the difficultyof deciding whether a C{JP is appropriate. After that rneeting, I wrote MayorCarson Taylor and I quote my comments of last year:First, it was clear to me last night (and I believe to theCommissioners) that the current system which lists short-term rentals as a perrnitted conditional use in R-l, is notworking. There are simply no concrete guidelines orstandards on which Planning staff or theCommissioners can rnake their decision. As aconsequence, as a number of Commissioners adrnittedlast night, the decision is essentially ad hoc.In theory, perhaps the problern oould be fixed byestablishing concrete standards on which to make thedecision. However, the problem of developingmeaningful guidelines which would guide Planning staffand the Commission in granting conditional uses in somecircumstances but not others has proved to be intractable,The plain fact is that the present standards are so vague
and meaningless that they offer no real guidance and it rsreally not possible to give further definition.Accordingly, I believe the solution is to eliminate thevacation rental use from R- 1 zoning. . ..So the first step is to eliminate the possibility of short-term rentals in R-1. Then there will be no moreconditional use hearings plaguing the staff and the City^-l -^:^LL^-L^^J Ji^-,,+^^ ^+ 1^^^+ +L^+cul\r rlt, rrr\rl rJ rIçrérruultlrrrrLl LuùPuLçt, crL rç4ùL Lrrl Lrr¿rL.Most important, this approach is consistent...with thespirit of R- | zoning and the preservation of single-familyneighborhoods.In sum, we appreciate the work of the city commissioners and of the staff inattempting to address the short term rental issue. 'We respectfully submit that,while there may be a place for short term rentals in the City, our prized singlefamily residential areas should not be compromised.Sincerely,James H. GoetzJHGlaa