What a wonderful town, full of intelligent, thinking, cool people. Some 44 of us testified. Thanks to all who shared their views and spoke their truth. Decisions are made by those who show up.
St. Augustine commissioners vote to create a vacation rental committee
By Sheldon Gardner
Posted May 22, 2019 at 6:25 PM
Updated May 22, 2019 at 6:25 PM
St. Augustine Record
St. Augustine commissioners plan to create a committee to recommend ways to address the rapidly growing trend of vacation rentals operating in the city.
The decision came after around two hours of public comment at City Hall on Wednesday morning during a Commission workshop devoted to discussing short-term rentals and possible regulations.
The city will put out an ad soliciting applications from residents who are interested in serving on the committee, with a plan to review the applications at the June 24 Commission meeting. Commissioners want the committee to include both residents involved with the vacation rental industry and those who are not involved with it.
It appeared that more than 100 people came to Wednesday’s hearing, with some having to watch from an overflow room, at least initially.
More than 40 people spoke. Some voiced concerns about vacation rentals or were in favor of some kind of additional regulation, and some touted their vacation rentals or were opposed to regulation.
Many talked about how well they keep up their vacation rentals and about the limits they impose on themselves to be good neighbors, such as not allowing parties.
Many locals have voiced concerns about vacation rentals hurting neighborhood character by eliminating long-term residents and cutting down on affordable housing.
Another chance to comment will come at the Commission’s June 10 regular meeting, when the city plans to have Planning and Building Department Director David Birchim repeat the presentation he gave on Wednesday.
Birchim said that the number of short-term rental units in the city grew from 404 to 517 in probably a few months.
Some feel that the trend is changing their neighborhoods into commercial enterprises.
Michael Gaudioso, of Lincolnville, said the vacation rental trend has meant seeing unfamiliar faces next door along with multiple cars daily. He doesn’t want the neighborhood to change more, and he suggested putting a cap on the number of vacation rentals in Lincolnville. He said he doesn’t want the city’s neighborhoods to be eroded as has happened in other areas of the country.
“People moved here for the same reason I did, because it was a quaint little town, and I think we’re destroying that,” Gaudioso said.
City Attorney Isabelle Lopez said a cap on vacation rentals isn’t possible because of state law, which prohibits the city from banning vacation rentals or limiting the duration or frequency of rentals.
But there are options. Other local governments have required people to live within a certain distance or within their short-term rental properties, have limited the number of tenants or have required on-site parking, according to a December memo to City Manager John Regan from Birchim.
The city has some laws regulating rentals that were grandfathered in before state law changed. Those include a minimum seven-day stay in the Residential Single-Family One or Residential Single-Family Two zoning districts and a minimum month stay in the Historic Preservation One zoning district.
Blake Souder, a vacation rental owner from Lincolnville, disputed the city’s ability to enforce a seven-day minimum, saying it’s not in the “operative” language of the city’s ordinance but simply in a “whereas” clause — language typically used to introduce a law change in an ordinance.
Lopez said if it came to litigation, the city would defend its interpretation of City Code.
In an interview Tuesday, Souder and his neighbor Ron May shared concerns about the city’s discussion of regulating vacation rentals. Both said they moved into Lincolnville and invested into fixing up houses when it was still dangerous to live there. Both men rent on vacation rental platforms and said they haven’t had issues doing that.
May said the vacation rental helps him afford living in the city, and more regulations could threaten that.
“I see it as infringing on property rights and infringing on your livelihood,” May said.
Souder said his vacation rental operation has provided him with a living wage. When he worked in the local tourism industry, he said that wasn’t the case, adding that he believes vacation rentals are unfairly blamed for part of the affordable housing shortage in the area.
“Maybe the issue is that employers around here should be paying their employees more money,” Souder said. “Personally I think vacation rental owners are being made scapegoats in this town for problems we did not create.”
Commissioners offered varied opinions on the topic.
Commissioner John Valdes said he’s not against vacation rentals, but they are growing uncontrollably and they represent commercial intrusion into residential zoning.
“Too much of anything that is good can become bad,” he said.
Commissioner Roxanne Horvath said she is concerned by the rapid increase of vacation rentals, and she said she liked that some vacation rental operators are on site or nearby the properties.
Commissioner Nancy Sikes-Kline said she believes that a lot of people are participating in the tourism economy by sharing their homes, which has provided an opportunity for people to age in place by having additional income, she said.
“But it has evolved and it has become a big business,” she said.
Sikes-Kline said the city has an obligation to make sure visitors are safe, such as with ADA access and inspections.
Upchurch said public comments on Wednesday helped him understand the nature of the issue and challenges facing the commission, and he made the motion to establish the committee.
Vice Mayor Leanna Freeman left before public comment ended.
Valdes said Wednesday’s meeting marked the beginning of working out the issue.
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