Short Term Rental Issue & Water's Edge

Anita Weston, Reporter

Rich Civic Times

GARDEN CITY, Utah. December 3, 2014. There was a great deal of interest in the short term rental item on the Public Hearing Agenda.  Several realtors, short term rental managers, and others involved with the short term rental business were in attendance.  There were about 25 people there.  Most of these individuals were concerned that the City might limit locations for short term rentals, rezone certain areas, and so forth.

Lance Bourn, Chairman of the P&Z Committee, noted that there are only three HOAs (Home Owner’s Associations) in the town out of 21 that do not allow short term rentals in their developments—Bridgerland, The Cottages, and Lockwood.  In the past the City’s attorney has told the City that they could not support subdivisions’ rules and regulations.  Anyone who requested a license for a short term rental should be allowed to have one even if their HOA does not allow overnight rentals. 

The attorney, however, has been looking into the HOA’s rules and regulations.  When the CC&R’s (Covenants, Conditions, and Restrictions) of an HOA specifically states that short term rentals are not allowed, the City could refuse short term rental licenses to individuals living in those areas because the individuals who have purchased homes in those areas would be aware of this restriction.  The City would like to be able to assist these developments follow their current rules by denying individuals short term rental licenses in these three subdivisions.

A representative from the Lake Meadows Home Owners Association was present and noted that Lake Meadows CC&R’s state that no short term rentals are allowed in that development.  He asked that this development be placed on the list of having no short term rentals.

Most of the individuals present didn’t realize that the City was not trying to rezone areas or stop any particular areas from having short term rentals.  When this was understood, the tension disappeared and several suggestions and comments were made that were helpful. 

It was suggested that instead of rezoning some areas that a paragraph be added to the short term rental ordinance.  The paragraph would note that as long as the City has a letter on file from the HOA President noting that his development doesn’t allow short term rentals, that a short term rental license could be denied.  That letter would give permission to the City to no longer give short term rental licenses to individuals living in that particular location.

The suggestion was also made to make a map showing which areas did not allow short term rentals.  Many people need to see, not just hear what is allowed and where.  This map could also be placed on the City’s web site as well.

The majority of the individuals attending the public hearing left after this item had been covered. 

The next agenda item dealt with the Water’s Edge Development.  Norm Mecham, developer, noted that currently his engineer and the City’s engineer are working together to work out a plan that includes the City’s plans for 150 South and how it ties into the Water’s Edge Development.  He noted that currently there needs to be agreement on sewer, water, and drainage.  Drainage is probably the biggest issue right now.  Mecham said that the two engineers were working on the differences in the two plans.  He said that he wanted everything to be worked out and asked that he placed on the agenda to come back next month with all of these particular issues worked out prior to any approval be given to him.

He mainly had an over view of the whole project so that the Committee would be aware of what will be coming in the future.  He noted that the project has been divided into various phases.  All common areas will come along with the phase as needed. 

He was asked why the amount of land included in the subdivision is different from one plan to another.  He noted that an active survey would be different than the land included in the deeds because of the water levels and the changing beach. 

He reported that the easement along the south of the property needs to be written and signed between the City and Water’s Edge.  He noted that it should be completed in the next week or two.  He will have more information on the easement for the meeting next month.