Palmer City Council debates Airbnbs

PALMER — The Palmer City Council discussed at length an ordinance amending Palmer Municipal Code to define short-term rentals. The heated discussion was the result of numerous boards and public hearings, and still wasn’t a finished product when it got to the council.

“The mechanics of it, we believe are fair. It’s gone through public process several times now. We laid this baby in your hands to modify and make better,” City Manager Nathan Wallace said.

As soon as discussion began, there was already an argument over who could be in the room.

“It was just brought up before the meeting today that if we limited the ability to have short term rentals in R1 it could potentially produce more business opportunities for my location? I’m not sure that would actually happen, but I would like to be transparent,” Councilwoman Sabrena Combs said.

Combs disclosed a potential conflict of interest that she already runs an Airbnb on her property. City Attorney Michael Gatti did not believe that the conflict would require a recusal, and Councilman Pete LaFrance wanted her perspective throughout discussion. Various other options were proposed, but the vote on whether or not to have Combs recuse herself failed, and she remained able to discuss and vote on the ordinance.

Wallace detailed the bones of the ordinance repealing a part of chapter 17 that discussed bed and breakfast and enacting a new ordinance regulating short-term rentals. A total of six meetings were held addressing the topic prior to the ordinance’s introduction to the council.

“We have what I think is a rather simple, not simple, but a rather simple ordinance discussing a very complicated topic,” Wallace said.

The ordinance defines the restrictions and ability to provide short term housing for up to 15 people, depending on what the property is zoned. The ordinance defines five types of short term rentals, the application and appeals process, and provides a matrix to help determine what type of short term rentals are available in which zones.

Councilman David Fuller clamored for the ordinance to become simpler, many times. Fuller asked Wallace if the hand-out for the application process was completed yet, which it was not. He also questioned if there would be an inspection of every single short-term rental, which there would not be. Mayor Edna DeVries joined in, asking why it was more complicated to operate a short-term rental than a long-term rental. Fuller at one point asked if city parks would then be out of compliance, which they would not be. City parks are on public land.

“I just think we’re getting in pretty dangerous ground, entering people's homes to determine if a place looks nice enough to rent,” Combs said. “If they’re zoned for that and they meet all the other requirements, we can’t set a standard to how nice it is on the inside. As long as they meet building code.”

The issue was brought up by both Councilmen Steve Carrington and LaFrance that there is a severe shortage of hotels and regulating short-term rentals would serve a specific need within the community. LaFrance described the new ability for rentals as a truly free market experience.

“I would challenge us to leave aside this idea that we’re going to investigate and necessarily closely monitor the people that have opened their homes for this service, because that’s not in line with what this technology is meant to do,” LaFrance said.

Deputy Mayor Richard Best continued to argue that single-family dwellings in R1 districts were not meant to house additional persons. Best read from code that stated the intent in an R1 district as a space where the principal use of land is for single-family dwellings.

“We have levels of activity going on people are becoming mindful of, and they’re trying to be protective of their neighborhoods. I think this is going to put an additional pressure on the neighborhoods that we have. We have dense neighborhoods with no sidewalks, on street parking, and little kids playing. I think this is a bad fit. I have no problem with it going into the R2’s,” Best said.

Parking was another hot topic, as Linda Combs stated that there is not one single parking space on her street and this could affect traffic.

“We’re not changing the character of our neighborhoods. We’re not putting any additional stress on anything. These are just vacant bedrooms that we’re just occupying to hold people,” LaFrance said.

The definition of the definition was then called into question, and if family held a literal meaning.

“To me a family is much more organic than what I think is in Councilman Best’s mind,” Carrington said.

Best got down to the thesis of his argument, that commercialization of a residential zone is prohibited due to its specific use for a single family.

The amendment to restrict type 1 short-term rentals in R1 districts passed 4-3.

“This allows us to test it in areas that will not be as heavily impacted if we are wrong in our assessment to things,” Best said.

Fuller made a last ditch amendment to permit type 2 short-term rentals in R1 districts. Where a type 1 short term rental is defined as one or more bedrooms in an owner occupied dwelling while the owner is occupying the same dwelling unit for the entire rental period, type 2 short term rentals are duplex properties where the owner is not required on the property. This would give the ability for homeowners to rent out their house. The amendment failed 4-3.