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2021-05-19 Planning Commission MinutesPlanning Commission Minutes Page 1 May 19, 2021 CITY OF FEDERAL WAY PLANNING COMMISSION May 19, 2021 City Hall 6:30 p.m. Zoom MEETING MINUTES Commissioners present: Lawson Bronson, Tim O’Neil, Diana Noble-Gulliford, Tom Medhurst, Dale Couture, Eric Olsen, Jae So, and Anna Patrick. Commissioners absent: Wayne Carlson (excused) and Hope Elder (excused). City Staff present: CD Director Brian Davis, Planning Manager Keith Niven, City Attorney Eric Rhoades, and Administrative Assistant II Tina Piety. CALL TO ORDER Chair Bronson called the meeting to order at 6:30 P.M. MINUTES The May 5, 2021, minutes were approved as presented. PUBLIC COMMENT None COMMISSION BUSINESS Discussion, Informational Briefing on Short-Term Rentals – Planning Manager Niven delivered the staff presentation. The City Council asked for a briefing on this subject and it is scheduled for July. Staff is showing you the information for the feedback you may provide. Staff proposes the definition of short- term rentals be as follows: “ ‘Short-Term Rentals’ shall include Airbnb, FlipKey, HomeAway, Vrbo, and other internet- based short-term vacation rental platforms, as well as private parties utilizing dwellings in the city for short-term rentals.” Manager Niven noted that there are a number of possible problematic issues with short-term rentals. They are growing in numbers. The city may be missing a revenue source. A portion of the entertainment tax from hotels goes to the lodging tax advisory committee, this is not so with short-term rentals. Should they be included in the entertainment tax? The city may be called upon to control nuisance issues and short- term rentals may have negative community impacts and negative impacts on health and safety. Manager Niven showed a map of current short-term rentals (90) in the city, unit types (partial home, entire home, and unknown), and the median nightly rate of $97. Has the city already reached a saturation point? Next, he went over the policy alternatives. He presented three for consideration: prohibit short- Planning Commission Minutes Page 2 May 19, 2021 term rentals, allow them but only monitor them, or allow them with limitations/regulations (such as by zone, owner occupancy, maximum number of bedrooms, maximum number of vehicles, maximum/ minimum number of nights, permitting/licensing, etc.). The City Council needs to determine what objective they want to accomplish (some considerations how many per neighborhood, how to provide public safety, how to deal with nuisance issues, etc.). The city should create a straight-forward process that can be enforced by the city with existing resources. The city should look to create a level playing field between short-term rentals and other vacation/travel choices such as hotels. One concern raised is the possibility of homes being purchased by businesses solely to provide short-term rentals. This might be mitigated by requiring owner occupancy. Manager Niven asked if the Commissioners have a sense of where the community wants to be in regards to these considerations. Commissioner O’Neil commented that some people are using short-term rentals to make money. He had a person who wanted to rent out each room in his house separately. He is concerned that short-term rentals are driving up the cost or driving out owner-occupied rentals in other cities. Manager Niven responded that he is aware of the issue happening, but it is hard to quantify. Seattle has struggled with this issue. Commissioner Olsen commented that since we are not a destination city, we are not likely to have this problem. Commissioner Patrick commented that she has lived in a neighborhood where a house was chopped-up into nine bedrooms that were rented individually by half-days. This caused the problem of people loitering in the neighborhood and other problems because they were waiting for a room. She is concerned that many of Federal Way neighborhoods don’t have sidewalks and that short-term rentals are likely to bring in a lot of cars and noise. She is also concerned this will bring in outside investors instead of homeowners. Commissioner Medhurst commented that he lives in Palm Springs part of the year and is experienced with living with short-term rentals. He agrees that the city needs to determine what we want to accomplish before deciding upon policies. He also asked how big of an issue are complaints about short- term rentals? Manager Niven replied the city does receive complaints, but not a cascade of complaints. Director Davis commented that the city receives approximately one compliant a year in regards to using a home for a short-term rental and approximately one a month for nuisance issues (noise, loitering, etc.) occurring in proximity to a short-term rental. Manager Niven noted that between Seattle and Tacoma, most short-term rentals are to business people and family looking for a viable alternative to staying in a hotel for a long time. Commissioner Carlson commented that he feels it is appropriate to require light to moderate regulations. The city needs to determine if our short-term rental housing is intended for business/family renters or for “party-house” renters. This may be determined by the length of stay. Chair Bronson is concerned about building safety issues; will safety-issues only be addressed during the building permit process? He is currently in a short-term rental and learn towards a light touch for regulations. Where do ADUs fall when considering short-term rentals? Manager Niven replied that it is unlikely that ADUs would be built to be used for short-term rentals, given the cost of building an ADU, but staff will keep them in mind. Commissioner Couture also leans towards light regulations. He feels a business license should be included (as do other Commissioners). He suggests the city monitor short-term rentals for a year and if there are a lot of nuisance complaints, consider adding more regulations to deal with them. Commissioner Noble-Gulliford agrees with a light touch in regards to regulations. She suggested the city education short-term rental owners on what the city expects from them (parking, noise, owner & tenant behavior, etc.). Manager Niven commented that Renton does something similar with a checklist Planning Commission Minutes Page 3 May 19, 2021 STAFF BUSINESS Manager’s Report – Manager Niven commented that in regards to Covid 19, City Hall will likely open to the public on June 30th. Commissioner Carlson asked what is happening at the old Sears building and Director Davis replied that it is being developed into a grocery store. The meeting was closed. NEXT MEETING June 2, 2021, 6:30 p.m. – Canceled June 16, 2021, 6:30 p.m., Zoom Meeting – Public Hearing ADJOURN The meeting adjourned at 7:27 P.M. K:\Planning Commission\2016\Meeting Summary 05-19-21.doc