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HomeMy WebLinkAbout06-21-17 Public Comment - G. York - Short Term Rentals1 Clerk Temp From:Geoffrey York <geoffreysyork@gmail.com> Sent:Wednesday, June 21, 2017 10:59 AM To:Agenda Subject:Short Term Rentals Importance:High Categories:Public Comment City Commissioner’s, Mayor, and Deputy Mayor, I’m writing to express my strong opposition to the proposed continuation of a temporary ban on the permitting of STR’s and of the sudden change of direction of the proposed regulations for STR’s in Bozeman. A vocal minority are creating a problem where none exists. This is a red herring plain and simple. A non-issue that has already consumed too much City time and further risks spending considerable tax dollars as litigation ensues over poorly worded, unwarranted, overly burdensome, and potentially discriminatory new rules as currently proposed. Should we be having a broader discussion on neighborhoods and maintaining the small town feel of Bozeman- absolutely. Should we look across the board at rentals (LTR’s and STR’s) and discuss whether they are adequately regulated (i.e.- safe) and taxed fairly- absolutely. Should we be talking as a community about large commercial projects that impinge on our neighborhoods like South Black, The Element, and other new buildings- clearly yes. 1. For the record, I run a legal long-term rental in Bozeman and am a property owner. 2. Show me the data that there is a problem with current STR’s in Bozeman. Surely you have extensive police and code enforcement complaints and citations to back up the absurd amount of time spent on this single issue to date and to legally defend the proposed regulations when you are sued in court? Residents of Bozeman would really like to see that data. 3. Until this issue was raised, I knew of two STR’s operating near my home- only because I considered rental of them for visiting friends and family, not because of issues with noise, or parking, or vacancy of the property. I now know there are several more properties that are seasonal or temporary STR’s from discussions with neighbors. In all cases, these are some of the best maintained and respectful properties in the vicinity, and in the case of the temporary STR’s, so well run that I never noticed a difference between owner occupancy and visitor occupancy. STR’s by their nature are competitive enterprises and demand high standards to succeed. 4. I went to one of the public discussions on STR’s at the Library where there was overwhelming support for their continuation, along with support for reasonable regulation and taxation. I saw the same support summarized on the website from the 2 summarixed input. So where did the onerous regulations now in front of the Commission come from? What’s driving the push to unfairly and unnecessarily burden residents from potentially operating a legal STR for supplemental income? 5. I would love to take any of you for a walk around my neighborhood, pour over police compliant and code enforcement data, and look at the real issues with properties around town. In my neighborhood, problem properties are either poorly maintained, unregulated, and often illegal LTR’s along with derelict properties that are literally falling down. Issues with LTR’s actually do include parking, noise, and poor maintenance of both the structures and yard (often including unmaintained trees and shrubs that make our sidewalks impassible). Where is the concern with LTR’s and derelict properties where I think most of us do have personal experiences and where I am confident you have complaint/response data to back up those concerns from your own departments. Are LTR’s inspected for code and safety? No, but why not? Should LTR’s pay an additional fee to cover that inspection process and the increased burden for Police- yes, or at least we should consider that option. 6. Businesses also need to be part of the broader discussion along with the University. While it is fantastic to have great restaurants, shopping, and especially grocery options downtown- businesses and the City need to be more aware of parking issues both for their employees and customers. Before permitting a new development- is their adequate parking for employees specifically? If not, let’s find a solution. The immediate area around my home is heavily used by employees of the Coop- a store I am thrilled to have close by my home. Along with folks from MSU, that’s what is creating street parking scarcity near my house that is currently not a big deal, but could easily become one. Businesses are also inconsistent in property maintenance- particularly lawn care in the summer and sidewalk care in the winter- again making our sidewalks at times impassible from snow, ice, or encroaching vegetation. A recently sold LTR property on 8th and Olive is another example. Currently vacant with near waist high grass and an ERA sign proudly proclaiming the recent sale- while looking completely derelict. 7. I fully support the creation of a safe and fair set of rules governing both STR and LTR use of properties. I fully support allowances for owner occupied properties as distinctly different from those with owners across town, across the State, or outside the State. I fully support the idea of a cap on STR’s, based on data from both Bozeman and other towns our size to inform those guidelines. There is no need to re-invent the wheel here, or even worse, try to make a square wheel from a round one that is currently working and only needs a few spokes tightened and the bearings repacked. 8. I want to see an equitable set of rules for LTR’s and STR’s that deal with real issues, confirmed by actual data- not driven by hearsay and clear lobbying from those with vested financial interests in limiting STR’s. An example- the stipulation that requires 24- hour access to the owner or manager. Where did that come from? Why is that not a stipulation for LTR’s (other than it makes zero sense)? If there’s an emergency- dial 911. If a pipe breaks- call the emergency plumber listed in the rental agreement. What Bozemanite isn’t out of range on the weekends- camping, hiking, biking, fishing, boating, or hunting and out of cell range? This is a clear case of adding a regulation to discriminate against property owners wishing to rent their homes in full or part over a 3 weekend, holiday, or while on a vacation. That or an attempt to force the use of a third- party property manager- with no data to back up the need for such an onerous requirement. 9. I routinely stay in STR’s when travelling for leisure and sometimes when travelling for work and needing a group/team space. In both cases, I would not use a hotel if an STR was not available, rather I would shift the location of my stay to locate a suitable STR option. STR’s are a vital piece of the tourism and visitor industry and are not directly competitive with chain box hotels as they offer a completely different experience and amenities for a unique clientele- including those looking to move to Bozeman, those coming for healthcare requiring a longer stay, and those visiting family or friends for more than a couple of nights. STR’s allow me to experience a destination in an entirely different way from a chain hotel experience- letting me be part of a neighborhood- if only for a week. 10. STR’s are a vibrant part of my neighborhood in Bozeman. They turn what could be seasonally empty houses into places with constant life and normal activity. They bring a host of interesting visitors into my neighborhood. People I meet on the sidewalk, while I’m tending my yard, or at neighborhood bars and restaurants. They add diversity and boost the economy of businesses that would otherwise be off the radar for guests’ at large box hotels near I-90 and surrounded by other big box retailers and chains that have no local color whatsoever, more likely selling goods made outside of Bozeman and outside of Montana. 11. STR’s can increase property values. A currently listed property near my home is an active and legal STR. It is also the most highly valued property within blocks is impeccably managed and perfectly maintained. It is an excellent example of an anchor property that draws current residents and others to invest in our part of town. I am requesting that you end the temporary ban on STR’s while moving forward with the proposed new registration process that requires inspection and payment of the bed tax. Discussion of a cap can continue and be implemented once those discussions have matured, but without impinging on the rights of owners in the reasonable use of their property. Other regulations need to be more closely considered for need based on data and equitability- some can clearly be scrapped. Similar regulation, registration, and inspection needs to follow for LTR’s along with increased code enforcement around maintenance, noise, and parking issues from those properties. Illegal and potentially dangerous LTR’s should be shut down and registration revoked for landlords with repeat offences of existing City code or safety regulations. Lastly, we should be having a much broader discussion that incorporates many of the aspects mentioned above as we try and maintain the characteristics of Bozeman that draws each of us to remain here and build a stronger community going forward.