||| BY MATTHEW GILBERT, theORCASONIAN OP-ED REPORTER |||

On January 12, County Council members unanimously approved Resolution No. 03-2021: “A Resolution Enacting a Moratorium on Vacation Rentals of Residences or Accessory Dwelling Units.” The moratorium started immediately at 12:01am on January 13 and will be in place for a minimum of six months, as per state regulations; it can be extended at a later date “for good cause.” Also as stated in the resolution, “While this moratorium is in effect, no new applications for a vacation rental permit shall be accepted as complete by any county department, and no currently pending incomplete application shall be accepted as complete by any county department.” A Council workshop on the matter is scheduled for January 25. There will be a public hearing on February 23.

The decision is a victory for a sizeable group of islanders – led by the Vacation Rental Working Group (VRWG) – who have been advocating for such an action since July 2019. Since then, the issues around the impacts and regulation of VRs have been well documented, recently summarized in this November 2020 article. In a press release, Yonatan Aldort, chair of the VRWG, applauded the decision, saying, ““We wish to extend our thanks and appreciation to the  County Council for opening its 2021 legislative session with decisive action on one of our community’s most pervasive problems. The real work now begins.” A petition drive initiated by the VRWG gathered nearly 3,000 signatures. It continues to stand by a proposal of regulatory options it sent to the county in December 2019.

Planning Commission Lights a Spark

A formal recommendation for a moratorium was made by the county Planning Commission last November. Cindy Wolf then brought up the issue during a Monday workshop at which representatives from both the Department of Community Development (DCD) and Public Works got the new council up to speed on current actions and priorities. Prior to that, a brief report was delivered by Erika Shook and Adam Zack of the DCD. The highlights:

  • While fewer building permits were expected in 2020, that wasn’t the case (“the most since 2010”), although the bulk of them has been for smaller projects and remodels – the number of family residential building permits remained about the same.
  • Regarding the GMA update, most of the elements are nearing completion. Expect some virtual public workshops and more opportunities for comments followed by a formal public hearing later in the year.
  • In response to a question from Wolf regarding Eastsound’s water capacity, there is little data on how much fresh water is available given the lack of resources to study this.
  • The Prune Alley project has been approved to begin – and end – in 2021. More information to come on the schedule as well as the impacts of construction on businesses and parking along with other disruptions.

[A video recording of the workshop presentations made by the both the DCD and Public Works is available here.]

Prior to the opening of the Monday workshop, a handful of public comments were made in support of the moratorium. Those same comments were echoed on Tuesday, along with several statements arguing against the moratorium on the grounds that permit applications have been steadily decreasing (26 were approved in 2020); a moratorium would put additional stress on planning department staff and pull resources from other important issues; and that while some improvements may be needed, a “wholesale stoppage” would be too heavy-handed.

Shook emphasized the negative impacts of a moratorium on staff time, suggesting it would be easier to make smaller changes that could be incorporated into the Comp Plan. “More substantial changes will take time away from the Comp Plan and demand more public participation,” she said. “I’d be pulled away from permit reviews . . . We’d have to be very targeted and keep the scope modest.” Wolf, referring to a discussion she had with Deputy Prosecutor Amy Vira, felt that a slower timeline and a more traditional process of discovery “would create a flood of applications while we are discussing whether or not to enact a moratorium.”

Vira (who wrote the actual resolution) then explained the details of enacting a moratorium immediately, describing it as an “Act now, plan later” strategy. “An immediate moratorium could start tomorrow,” she said, “with a resolution that specified the reasons. You would then  set a hearing within 60 days (at which) you would make detailed findings on why a moratorium is needed. Staff would have to present a work plan (steps, schedule, etc.). The law requires that there is forward progress.” She added that the findings would focus on the urgency of the issue, potential harms, and the anticipated outcomes of a moratorium process.

A Surprising Formality

Given the history of tension that has surrounded the issue of a moratorium (the previous Council was consistently opposed), the decision at the Tuesday Council meeting felt like a foregone conclusion – although Christine Minney emphasized that “this is a pause button to broaden public participation and research.” The focus was more on next steps, in particular the  objectives of the upcoming January 25 workshop. For example:

  • How many new permits have been issued over the last few months and in which neighborhoods?
  • What is the current status of compliance efforts and the net change in permits since 2018?
  • What is, or isn’t, a “simple fix”?
  • How will enforcement efforts be affected?
  • What are the legal issues with various regulatory options?

In some ways, the moratorium became a referendum not just on acknowledging the impacts of vacation rentals on tourism, growth, island character, private rights, and the economy but on the “democratic process” as well, at least in so far as how the weight of citizen sentiment is measured. It will also bring into sharp relief the extent to which a moratorium will impact other county planning efforts. The monolith of the GMA update casts a long shadow.


 

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