Planning Commission

Planning Commission Minutes February 12, 2024 The City of Yukon Planning Commission held a Meeting on February 12, 2024 at 7:00 p.m. in the Centennial Building at 12 South 5th St. ROLL CALL: (Present) Bill Baker, Chairman Jarrid Wright, Vice-Chairman Lee Clark, Commissioner Jeff Geis, Commissioner (Absent) Nick Grba, Commissioner OTHERS PRESENT: Jessica Bloye, City Planner with J&A Julie Shannon, Planning Director Danielle O’Neal, Asst Planning Director Mitchell Hort, Assistant City Manager INVOCATION: Commissioner Baker FLAG SALUTE: Commissioner Geis 1.ITEM: APPROVAL OF THE MINUTES OF THE DECEMBER 11, 2023 SPECIAL MEETING Motion: Commissioner Wright made a make a motion to approve the minutes of the December 11, 2023 Special Meeting. Seconded by: Commissioner Geis. The Vote: Ayes: Baker, Wright, Geis, Clark Nays: None Vote: 4-0 Motion Carried  2.ITEM: APPROVAL OF THE MINUTES OF THE DECEMBER 11, 2023 MEETING Motion: Commissioner Wright made a make a motion to approve the minutes of the December 11, 2023 Meeting. Seconded by: Commissioner Geis. The Vote: Ayes: Baker, Wright, Geis, Clark Nays: None Vote: 4-0 Motion Carried 3.ITEM: VISITORS (None) 4.ITEM: PC 2024-1 TO HEAR A REQUEST BY CLARK AND MERRY SPEICHER FOR A SPECIAL USE PERMIT FOR A SHORT-TERM RENTAL AT 135 CHICKASAW LANE. Legal: Lot Nineteen (19), Block Four (4), TRAIL RIDGE ADDITION to the City of Yukon, Canadian County, Oklahoma according to the recorded plat thereof. Discussion: Applicant, Clark Speicher, approached the podium and stated his address was 602 W. Hamilton Avenue, Sherrill, New York. He said that they had purchased the property in 2015 as a long term rental for his daughter. They started listing it on Air Bnb in 2022. They listed it with rules such as no parties, no loud music, no pets, no unregistered guests, no more than six people and quiet hours from 10:00 am to 10:00 pm. He said that people usually stay more than one night. It has a fenced yard and his daughter, who lives locally, is the property manager. He said that hosts get to give feedback on guests on the Air Bnb platform and that they had not had any problem guests or complaints about them since they started. Commissioner Geis asked the applicant if they stayed pretty booked and he said yes. Commissioner Baker asked if it would be too arduous if the City passed a two-night minimum. The applicant said that most people stay at least two nights. Commissioner Baker asked staff how new ordinance changes that were also on the agenda would get communicated to the previous applicants. Assistant Planning Director, Danielle O’Neal, explained that the old code would govern the previous applicants and the new code would govern future applicants. Commissioner Wright asked about renewals and O’Neal explained that the Special Use Permit (SUP) would only be renewed if the use was expanded but the license was an annual renewal. Commissioner Baker said that they could add a two night to conditions or other conditions from the proposed ordinance change on this item  tonight. Danielle O’Neal confirmed that Planning Commission and City Council can put conditions on the SUP. Julie Shannon added that not much criteria was being introduced in the proposed ordinance update; that the distance requirement measure from previous applicants property locations. Motion: Commissioner Wright recommended approval with the condition of a two night stay minimum. Seconded by: Commissioner Geis. The Vote: Ayes: Baker, Wright, Geis, Clark Nays: None Vote: 4-0 Motion Carried 5.ITEM: PC 2024-2 DISCUSSION, CONSIDERATION AND POSSIBLE ACTION TO RECOMMEND THE ADOPTION OF THE 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE. (Danielle O’Neal & Mitchell Hort) Discussion: Danielle O’Neal said that they added items to the previously proposed Property Maintenance Code to help address the Short-term Rentals such as occupancy limits and fire safety. Demolition shall not apply to property zoned and used for Agricultural purposes. We added six items listed on the staff report. Commissioner Clark asked if we will have someone in person doing inspections? Commissioner Baker asked if we had the staff to do this. O’Neal explained that we have three inspectors who will do inspections on the Short-term Rentals and a new code inspector who inspect using the Property Maintenance Code. Commissioner Baker asked if this was only on existing properties and if Agriculture was the only exemption. Commissioner Geis asked for clarification on the staff report. Commissioner Baker asked if the exemption for Agriculture came up very often and Mitchell Hort explained that it does quite frequently because we have a lot of agricultural land. Commissioner Baker said that we have a lot of property zoned agricultural that was not really agriculture. Mitchell Hort explained that there are sites that still meet the criteria. Hort discussed the need for an occupancy load so that we do not end up with bunk houses. Commissioner Baker said we do not have ski lodges here. He asked if this code would have any affect on design standards. Hort responded it would be about maintenance not design standards.  Commissioner Wright asked if the document had definitions. Mitchell Hort explained that yes it did and that definitions help us. Commissioner Baker asked if ten-inch weeds were a common measurement in other cities. Hort said that State Law was twelve inches; this IPMC was more restrictive. Motion: Commissioner Geis made the motion by stating “We have read the staff report and received testimony at the public hearing. We find ourselves in agreement with the staff findings cited in the Staff Report. I move that we recommend approval of the proposed ordinance to add Section 9, Property Maintenance Code, to adopt the 2018 Property Maintenance Code as written.” Seconded by: Commissioner Clark. The Vote: Ayes: Baker, Wright, Geis, Clark Nays: None Vote: 4-0 Motion Carried 6.ITEM PC 2024-3 DISCUSSION, CONSIDERATION AND POSSIBLE ACTION TO RECOMMEND THE ADOPTION OF AN ORDINANCE TO ESTABLISH SECTION 309 SHORT-TERM RENTALS IN CHAPTER 215 UNIFIED DEVELOPMENT CODE OF THE YUKON MUNICIPAL CODE. Discussion: Danielle O’Neal said that this came about because the code that dealt with short-term rentals was spread out in the development code document and that legal counsel suggested creating a section for it. Considering all of the issues that we were having with administering the process, we added the half mile distance requirement, the two-night minimum stay, added clear language for violations and added a pre- inspection process since some properties could not meet our code. Commissioner Baker said he liked prohibiting use of the property by the hour. Commissioner Wright asked where the ½ mile distance requirement came from. Commissioner Baker brought up a previous discussion about clustering. Mitchell Hort brought up the possibility of people renting more than one next to each other and having parties. Commissioner Wright asked if we had rules for long-term rentals and for asked for clarification on an owner only having one. Commissioner Baker said that long-term rentals provided housing for people who live here and short-term rentals don’t. He said the ½ mile distance worked for cell towers and seemed to be defendable. He asked if there were any studies done on the impact of short-term rentals on affordable housing and  mentioned Edmond’s issue that was recently in the news and how much police time it had required over the last three weeks. Mitchell Hort discussed the possibility of companies buying up all of the housing. Danielle O’Neal said that we could research studies and bring it back. Commissioner Baker asked if this ordinance superseded HOA’s rules. Mitchell Hort said HOA’s rules trump the City’s. Commissioner Geis said he was not sure that we need the distance requirement because we have very good rules on short-term rentals. Commissioner Baker clarified that we did not change fines, we just defined violations better. Danielle O’Neal explained that we had a meeting with the City Attorney, the Prosecuting Attorney and the court clerk about improving the language to include operating and advertising because they could not prosecute the ticket that was issued for lack of a clear violation. Julie Shannon added that we created a violation section. Commissioner Baker wanted some language to deter clustering. Commissioner Clark asked if we could make exceptions for people if they asked for it. Commissioner Wright said he could not support a change that set a distance requirement. Mitchell Hort asked that they take out what they did not like but that we needed to be able to do enforcement. Commissioner Clark said that every one of the SUPs can be revoked if there are problems. Commissioners debated property rights and discussed taking out the distance requirement. Mitchell Hort explained that we may not have as many SUP applications in the future because of the pre-inspection process for ensuring public safety. Motion: Commissioner Wright made a motion by stating to “We have read the staff report and received testimony at the public hearing. We find ourselves in agreement with the staff findings cited in the Staff Report. I move that we recommend approval of proposed amendment to Chapter 215 Unified Development Code, establishing Section 309. Short- Term Rentals and Bed & Breakfast Establishments with the following changes: strike item number three (see footnote *) for further discussion. Seconded by: Commissioner Clark The Vote: Ayes: Baker, Wright, Geis, Clark Nays: None Vote: 4-0 Motion Carried *(Clarification: “Item 3. Adding a half-mile distance requirement between Short-term Rental and Bed & Breakfast locations under standards for specific use” is from staff report.) 7.ITEM PC 2024-4 DISCUSSION, CONSIDERATION AND POSSIBLE ACTION TO RECOMMEND THE ADOPTION OF AN ORDINANCE TO AMEND CHAPTER 18 BUSINESSES, AMENDING ARTICLE 6 SHORT-TERM RENTALS. Discussion: Danielle O’Neal explained that we needed to make adjustments to the business license chapter to change the process such as needing proof of payment of tax because it is remitted by the platform, not the property owner. We also changed to an annual renewal to fit our software. Commissioner Baker asked for clarification about the suspension or revocation process and violations during a 24-month period prior to the application and whether the violation was committed intentionally or knowingly. He wanted to know if that referred to paperwork or actual wrongdoing. Mitchell Hort said that operating a short-term rental without checking to see if licensing or registration was needed would fall under that section. We are trying to close loopholes with stronger language. Motion: Commissioner Geis made a make a motion stating “We have read the staff report and received testimony at the public hearing. We find ourselves in agreement with the staff findings cited in the Staff Report. I move that we recommend approval of proposed amendment to Chapter 18, Article VI, Short Term Rental License of Yukon, Oklahoma – Code of Ordinances.” Seconded by: Commissioner Clark The Vote: Ayes: Baker, Wright, Geis, Clark Nays: None Vote: 4-0 Motion Carried 8.ITEM NEW BUSINESS None. 9.ITEM OPEN DISCUSSION Commissioner Baker asked if there were any study sessions coming up. Danielle O’Neal said that we would be having one in the next month or two about the Unified Development Code to make some adjustments to the language to make it easier for staff and the public as well. Commissioner Baker said that Tuesday is Election Day in Ward 3. Commissioner Wright added that Wednesday is Valentines Day. 10.ITEM ADJOURNMENT – NEXT MEETING MARCH 11, 2024