The Lincoln City Planning Commission agreed late Tuesday night to continue to Sept. 18 a zoning ordinance amendment hearing regarding vacation rental dwellings.

The four-and-one-half-hour meeting mostly consisted of public comment on various sides of the proposed amendment, intended to simplify both the enforcement and administrative aspects the existing ordinance.

The first phase of the proposed ordinance is to address enforcement and changes in application requirements. The second phase is to explore and discuss the numbers of the dwellings and the areas where they may or may not be permitted, explained Lincoln City Attorney Joan Kelsey.

She changed the definition of a vacation dwelling to say it is the accessory use of a home, as opposed to primary use.

Some aspects of the new 11-page proposed ordinance include, according to the proposed ordinance and Kelsey:

€ Signage must be in compliance with existing code and must be for the residential use of a home, not accessory use;

€ Twenty days notice must be given prior to approval of a VRD permit to all owners of property in a 250-foot radius, giving the owners and tenants 14 days to comment to the planning department. A notice is to also be sent after the decision has been made;

€ An appeal of a decision regarding a VRD permit would go to city council instead of the planning commission;

€ A VRD permit is revocable and one owner can receive only one permit annually;

€ A requirement of a local representative in lieu of an out-of-town owner be in place for emergencies and 24-hour-a-day contact;

€ A requirement for a smoke detector alarm;

€ A requirement that a VRD must have a permit posted inside the rented building with the name and phone number of the local representative or owner, maximum number of bedrooms and vehicles, and solid waste collection day;

€ An amendment to address complaints requiring the local representative to be the first line of defense in fielding complaints regarding a VRD; and

€ Language in which VRD permits would not be transferable with the sale of the property (conditional use permits would allow this, however).

In reaction to the proposed ordinance, several VRD owners and neighbors to VRDs spoke out.

Teresa Hutchinson of Portland owns a vacation home in Lincoln City.

"I think that it shouldn't take five to six months to get your approval," she said regarding VRD permits.

She suggested the applicant be notified regarding the decision within 30 days.

She spoke out against the idea of an inspection, and the use of a local representative responsible for the occupancy of the VRD. She said she would want to be the initial contact if there is a problem.

Hutchinson added there should be additional time to rectify any problems and asked if bed and breakfasts and hotels are going to be subjected to the same requirements.

Commissioner Sharon Cannon pointed out hotels and motels are not in residential neighborhoods. Commissioner Tim Crenshaw added bed and breakfast establishments have full-time residents.

Carolyn Plummer, Pacific Retreats Vacation Home Rentals in Lincoln City, said, "I believe the exploding number of VRDs in this town is the real problem. It can be effectively dealt with in the second phase of this process by identifying certain areas of the city where vacation rentals are ill-suited and by addressing density issues. This is not what we are talking about tonight."

She called the ordinance "extreme and unworkable," and asked if there had been complaints filed against VRDs or if someone caught a commissioner in a grocery store. She added there is not valid reason to register license plates and gave the example of rental cars.

Although there was not a number offered for how many complaints were filed, Planning Director Richard Townsend said 52 VRD permits were issued last year. Chairwoman Char Brown added in 1996 three were issued and in 1997, 31.

Orville Christeson of Vancouver, Wash. said he owns a rental home through Pacific Retreats. He said rentals are scheduled beginning Nov. 1 for the following year and should the ordinance go through and he decided to sell the property, a conflict
would exist in that he would still have to honor his contract with the rental agency to allow people to stay in the home until the following Nov. 1 because the VRD permit would not be transferable.

Crenshaw said a six-month grace period was discussed in the past. Cannon recalled another discussion in which a permit would be good until the end of the year.

Commissioner Richard Emery pointed out the new owner of the property could not be restricted to become a VRD if the permit is transferred.

On the other end of the discussion, Bernie Marlia who resides on SE Inlet thanked the city for the change in the ordinance. He suggested, amongst other things, the VRD permit should not be transferable. He suggested any complaints against a VRD should be provided to the city at the time the permit is up for renewal. Also, if one owner owns 50 percent of the property surrounding the VRD, more neighbors should be contacted. He asked how the city would know if complaints have been filed with other people (police agencies, planning commission) other than the local representative.

Kelsey said a process is forthcoming.

Gordon Walker of Beach Avenue said there needs to be a local representative who actually can be contacted at all times when there are firecrackers, loud noises and motorcycles racing up and down the street.

"We have nobody to diffuse that," he said. "You may say, 'Well call the police.' Well, oftentimes the police do not arrive or by the time the police get there it's done so there is nothing accomplished."

He added it would be nice if permits could be posted outside of the homes so they can be visible from the street. He said this would allow neighbors to be able to report if there are non-approved VRDs in the neighborhood.

Kelsey offered that permits could be posted on the city's website.

"I, for one, like the proposals that are in here. I think it is a big step. This latest one took a huge step from the previous one that we received. It would put seemingly a stop to investors who have no desire to stay in the house. They are simply putting up a three-story box that sleeps 16 to rent as a VRD," he said.

He added there is a parking issue on Beach Ave. that is not being addressed.

Carolyn Ganichaw of SW Beach Street said she likes the changes, but more needs to be addressed.

She said the city is still "skirting around" or not defining what a home and an investment property is.

"Those of us who are permanent residents here and live in a house here and have spent a great deal of money on a house and the landscaping are saying we have problems with the VRDs," she explained.

She said she would like the permits to not transfer with the property because, "That's partly what is responsible for some of the very high prices in our area for real estate."

Lincoln City resident Ted Prewitt owns four VRDs. He said the city created a VRD industry by allowing an owner to receive permits for multiple properties in the first place.

The commissioners are to contact Kelsey via phone calls or e-mails with any questions or comments on the proposed ordinance.

Brown did ask if the city would require a rental property to be habitable as part of the approval process. She also said about the new amendment, "I spent hours on the first one and then was dismayed on Friday by not only a larger one but some significant changes and it was almost like starting over."

The commissioners also:

€ Approved an amendment to a final order for Teeny Development, LLC. A preliminary master plan had removed an estimated 40 acres from Rock Creek Village to Chinook Winds Golf Resort. One of the conditions in the final order precluded the city from reviewing or approving a plat at Cascade Head with the exception of Block A on the west side of Devils Lake Blvd. The order was vague if it was approving it or assuming it was approved for Block A to be recorded.

€ Continued hearings regarding West Devil's Lake, LLC and Picture Book Properties to Sept. 18

€ Approved a final order for a master plan amendment for Shelter Resources, Inc./Beacon Crest to allow the development of 60 apartment units and community center in Pacific Rim Estates. Commissioner Christine Cairns abstained.

* Approved a final order for Anderson Homes regarding a single-family development to be named "Gentle Breeze Estates" to be located on NW 14th Street.

Kendall S. Cable is a reporter for the News-Times. She can be reached at 265-8571 ext. 212 or kcable@newportnewstimes.com.