News - STRACC

STRACC Supporter meeting thurs dec 3 6pm

12/1/2020

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Join our STRACC Strategy Meeting this Thursday 6pm!

Dear STRACC,

Honestly, things are not looking good for STRs in Chelan County. There's a lot to consider in the proposed code, but essentially it boils down to this:

If your STR is on less than 5 acres, you will be out of business after the 3-year "grace period" unless it is owner-occupied (Tier 1) or zoned RRR.

Fortunately, we still have time to change the code before it passes, but we need to get organized and make our voices heard!

STRACC is hosting an online meeting this Thursday Dec 3rd at 6pm (Add to Calendar) for STR owners and supporters to learn about our organization, how to get involved and help with strategic planning ahead of the Public Hearing on Dec 22. We will introduce you to the STRACC board, go over our finances and share an overview of our legal strategy going forward. The meeting will be held via Zoom via this link: https://us02web.zoom.us/j/89693118268?pwd=QlRxOXdsV0xVUDV2RHJZU01aQVpUUT09

We hope you will join us on Thursday to help make sure that the County hears all of our voices!

Thanks,
The STRACC Executive Board

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BOCC STR Update & stracc planning meeting!

11/24/2020

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BoCC Update & Upcoming STRACC Meeting!

Dear STRACC,

In today's workshop session, the Board of County Commissioners (BoCC) continued their assault on STRs by drafting further restrictions into the proposed code. Needless to say, it’s getting worse and worse for STRs, but STRACC has a plan to get organized before the Public Hearing, currently set for Dec 22. More on that below, but first here’s a quick summary of today’s session. Specifically, the Commissioners.....

Confirmed their plan to ban all non-owner occupied STRs in Rural Waterfront (RW) and Rural Village (RV) zones.
Retained the minimum lot size of 5 acres even in the RR2.5 zone.
RR20 and RR10, and RR5 with minimum lot sizes of 10, 5, and 5 acres respectively.
Allowed STRs in RRR zone with no minimum lot size.
Changed the permit fee structure:
- Tier 1 (owner-occupied): $500 annually
- Tier 2 (non-owner occupied): $500 first time, $900 second time with inspection, $500 annual renewal
- Tier 3 (occupancy over 12): $2020 first time including CUP, $750 annual renewal
  - Capped Tier 3 occupancy at 24

Today's session focused on the BoCC's goal of reducing STRs to 5% of all housing units countywide. Currently, about 13% of all dwellings in the 98826 zip code are STRs so the County is aiming for a pretty drastic reduction. The Commissioners eventually decided on a lottery system to determine which owners could apply for a permit to operate an STR. Only STRs in permitted zones would be eligible.

Feeling Lucky?

Under the new code, you would need to get lucky in the STR lottery to apply for a permit even if your STR is in a "permitted" zone (i.e., RRR, RR5, RR10, or RR20). Otherwise, you will no longer be able to operate. If your STR is in a "non-conforming" zone like RW, RV, or RR2.5 on a lot smaller than 5 acres, you're out of luck and would be outlawed after a 3-year grace period. Period.

The Commissioners are clearly singling out some zones over others. The Community Development office’s analysis estimated that 354 out of 1020 rentals in rural areas of Chelan would be eliminated, the vast majority coming from RW or RV zones, while leaving other zones like RRR untouched. (The definition of RW and RRR in the County Code both similarly allow for "recreational and tourist activities.") The reasons for this targeting are not clear, in part because the Commissioners’ reasoning keeps changing. The County's hasty analysis also somehow assumes that only 2 out of 178 in RR2.5 would disappear, despite the requirement for STRs to be on lots double the minimum size (5 acres in a zone with a 2.5 acre minimum). So their estimate is most likely way undercounting the number of STRs that would be eliminated.

Why the Rush?

The BoCC is running out of time to pass the code in 2020. They’re desperately rushing to pass something before Tiffany Gering replaces Doug England as District 3 Commissioner at the start of next year, because they know that she was endorsed by STRACC and will support STRs. Trying to ram an unfinished, poorly structured, and thoroughly inequitable ordinance through before Tiffany can represent the will of the voters on this matter would be shameful behavior by the BoCC, even if we weren't in a pandemic where people are already suffering economically.

Fortunately, the BoCC was unable to finalize the draft code tonight, and the Commissioners acknowledged they won’t be done by next Tuesday, Dec 1. They also know they need share the finalized draft code with the hearing announcement, two weeks before the public hearing. So they are now aiming to finalize the draft code at their next workshop session on Dec 8, hold the public hearing on Dec 22, and a vote on Dec 29. Two days before the New Year. We need to apply pressure and make sure that doesn't happen!

So Let's Get Organized!

STRACC is planning an online meeting for STR supporters to learn about our organization, get involved and start planning for the Public Hearing on Dec 22. We will introduce you to the STRACC board, go over our finances and share an overview of our legal strategy going forward. We hope you will join us and get involved so we can pressure the County to hear our voices. The meeting is set for December 3rd at 6pm via Zoom: https://us02web.zoom.us/j/89693118268?pwd=QlRxOXdsV0xVUDV2RHJZU01aQVpUUT09. Mark your calendars!

Thanks,
The STRACC Executive Board

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Bad news: the county moves to kill strs!

11/18/2020

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Bad News: The County Moves to Kill STRs!

Dear STRACC,

Let's not mince words. Last night was really bad for STRs in Chelan County. The Board of County Commissioners (BoCC) effectively moved to kill most of our STRs. Essentially, all STRs on less than 5 acres would be eliminated immediately unless they are currently owner-occupied ("Tier 1") or in a RRR (Rural Recreational) zone.

Specifically, the District Use chart the County they settled on last night would effectively kill all STRs in RW (Rural Waterfront) and RV (Rural Village) zones WITHOUT grandfathering-in any existing STR's or offering any sort of "sunset" period. This means that you could be out of business by the end of the year. Seriously. STR owners in RR2.5 may get a 3-year "grace period," but only if you somehow own 5 acres on an RR2.5 zoned lot. (If you don't know what your zoning is, check this map. Enter your address in the box and select "layers" on the left.

Sadly, it is unclear whether the Commissioners understand the economic impact of the drastic measures they're proposing. Do they appreciate the hundreds of thousands of dollars in lodging taxes we've each paid, the million$$ in local revenue our guests have generated, and the hundreds of affiliate jobs our businesses have created over the years?

RW's In particular have a long established history as vacation rentals over the past 30 years. It's no surprise that tourists have been naturally drawn to our shoreline properties. Indeed, the definition of RW's in the county code includes recreational and tourist uses. We therefore believe the County should grandfather in all RW's and allow existing nuisance ordinances to take force before taking the drastic step of killing such a huge part of our tourism industry. Let's finally enforce our nuisance ordinances before punishing everyone for the bad behavior few bad actors.

Now is the Time to Speak Up!

If you are impacted by these measures, we need you to speak up NOW! The Commissioners are accepting written public comment at CD.STRComment@co.chelan.wa.us. Write them a letter NOW and let them know specifically how these ordinances would personally impact your and your family's livelihood! The next workshop is scheduled for next Tuesday Nov 24th 10:30am, and the public hearing is scheduled for Tues Dec 8th r

Please DONATE Now!

If the County insists on killing STRs before even trying to enforce existing nuisance codes and grandfathering in existing STRs, they will inevitably face a large number of lawsuits and civil claims of 'property takings, both from STRACC and individual property owners. So we urge you to DONATE NOW TO OUR LEGAL DEFENSE FUND NOW so we can try to protect your STR property rights from this government takeover.

The voters of Chelan County have spoken clearly. We voted for Tiffany Gering, an avowed STR supporter, as the new County Commissioner for District 3. She should have a say before the current BoCC rushes to push this on this ordinance through before the end of the year.

Sincerely,

The STRACC Executive Board

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Update: BoCC Workshop & Public comment

10/31/2020

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Update: BoCC Workshop and Public Comment

Dear STRACC Members,

This week, the Board of County Commissioners (BoCC) held is first study workshop on the latest STR draft code. Importantly, they decided to...

1) Maintain the 5 Year "sunset" on existing STRs in RR2.5 and RV zones. Thankfully, they did not reinstate the sunset for RW (Rural Waterfront), initially questioning but eventually accepting the Planning Commission's recommendation that waterfront properties are historically recreational areas. Interestingly, Commissioners seemed uncertain which areas are actually zoned RV vs RW. In fact, Fish Lake is RV, while there is lots of RW outside Leavenworth, and in Chiwawa Pines, and Ponderosa. If you don't know your zoning, check the County Assessor Parcel Search.

2) Not allow transfer of STR rights upon sale of property. The inability to transfer your STR rights when you sell will immediately diminish our property values This along with the sunset clauses will surely open the County to c lawsuits.

3) Limit occupancy by septic permits regardless of actual septic loads, even though STRs are typically only rented on 2-3 days/week, whereas residential uses are occupied every day.

Next Steps
The BoCC scheduled the next workshop for Tuesday, Nov 3rd at 1pm, again via Zoom. While many big issues remain to be worked out, the public comment period is now open again until Nov 10. So please start submit your comments to CD.STRComment@CO.CHELAN.WA.US. The Commissioners have asked that we comment on specific aspects of the code and how they will impact you directly as a property owner, not on the general merits of STRs.

To be perfectly clear, STRACC's position is that ALL existing STR's should be permanently grandfathered without "sunset" clauses or restrictions on transfer of ownership. Chelan County has allowed to operate STRs legally for over 30 years. Many owners have invested their life savings based on that assumptions and paid lodging taxes for it. For the County to retroactively take away our property rights and render our businesses illegal is not only unfair but it constitutes an illegal "government taking" of private property under WA state RCW 36.70A.370. The County will certainly open up itself to several civil claims.

Once the Commissioners finish revising the code, a Public Hearing will be scheduled. They hope to pass new code before the end of the year, when the new Commissioner is seated. If you haven't voted yet, please consider supporting Tiffany Gering for Dist 3 County Commissioner in the upcoming elections. STRACC endorses Tiffany as a strong supporter of STRs and local affiliate businesses.

Thanks,
The STRACC Executive Board

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Reminder: BoCC resumes STR review tomorrow

10/27/2020

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Reminder: BoCC Resumes STR Review Tomorrow at 1pm

Dear STRACC Members,

The Board of County Commissioners (BoCC) will resume reviewing the draft STR code Tomorrow Oct 28th at 1pm via Zoom at https://us02web.zoom.us/j/650411499. This will be study workshop so no public comment will be heard, but we'll be listening closely to see how the Commissioners respond to the Planning Commission's latest revisions:

1) Remove the 5 Year "sunset" for existing STRs in RW zones. We hope they will remove the sunset for RR2.5 and RV as well. If you don't know your land use zone, check the County Assessor Parcel Search.

2) Remove transfer of STR rights upon sale of property. The inability to transfer your STR rights when you sell will immediately diminish our property values and constitute an illegal government taking of private property under WA state RCW 36.70A.370. This will surely open the County to multiple lawsuits.

3) Enforce STR Occupancy based on septic capacity not just number of bedrooms.

Once the Commissioners finish revising the proposed code, a Public Hearing will be scheduled. They hope to pass new code before the end of the year, when the new Commissioner is seated. If you haven't voted yet, please consider supporting Tiffany Gering for Dist 3 County Commissioner in the upcoming elections. STRACC endorses Tiffany as a strong supporter of STRs and local affiliate businesses.

Thanks,
The STRACC Executive Board

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Update: hearing on str moratorium

10/5/2020

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Update: Public Hearing on STR Moratorium and Next Steps

Dear STRACC Members,

We just wanted to send a reminder that the Board of County Commissioners (BoCC) will be holding a public hearing to take public input on the temporary moratorium on STR developments that the BoCC enacted and we reported on Aug 25. The hearing will be held tomorrow (Tuesday, Oct 6th) at 10:15am via Zoom at https://zoom.us/j/650411499. STRACC opposes this temporary moratorium and believes it should be lifted immediately while the new STR regulations are being considered. We encourage STR supporters to listen in and testify on the Zoom call tomorrow.

In other news: The Planning Commission (PC) is scheduled to continue their deliberations on the proposed STR code next Thursday, Oct 15th at 6pm. No public comment will be taken as they are still revising the code. Their previous meeting on September 23rd was somewhat disorganized with no agreement or action taken to change the code. However, we were encouraged by their discussion to remove the 5-year "sunset" on existing STRs proposed by some PC members who were previously opposed to grandfathering. We sense they are feeling the legal pressure from STRACC and other STR groups promising future "takings" claims if existing STR's are not permanently grandfathered in.

Furthermore, the Planning Commission still seems unsure about how to proceed with code revisions given the County's instructions to "ignore" the original vision statement, which our OPMA (Open Public Meetings Act) lawsuit showed was illegally-drafted by the BoCC. At various points in recent meetings, PC members have continued violating the County's instructions to disregard the vision statement by directly paraphrasing it in their deliberations, for example in comments about need "to protect the residential quality of neighborhoods." You can watch past recordings of PC Meetings here.

So, it remains unclear when the Planning Commission will finish acting on the ordinance and send it back to the BoCC for their public hearing on it. We know that Commissioner Doug England is leaving office at the end of the year, and we hope Tiffany Gering will take his place as Commissioner for District 3. Please consider supporting her campaign in the upcoming election. Tiffany is a reliable supporter of STR's and our affiliate businesses.

Finally, please also consider donating to STRACC so we can keep defending your property rights. The STRACC board serves on a strictly volunteer basis. All of your donations go to our legal expenses, minus a tiny amount of administrative expense. We can't continue this fight without you. So thank you again!!

The STRACC Executive Board

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new economic impact study and next week

9/19/2020

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New Economic Impact Study & Next PC Meeting

Dear STRACC Members,

We wanted to share a new study released this week about the Economic Impact of STRs on Chelan County. The study was commissioned by the North Central Washington Association of Realtors ("NCWAR") represented by one of our affiliate attorneys who submitted the study along with public comments in support of STRs and against the current moratorium. To summarize the highlights of the report, the rental fees and spending by guests of STRs in unincorporated areas generated:

$108 million in direct economic activity, and another $45 million in indirect activity.
$42 million in wages and supported over 1,400 jobs.
$820,000 in general sales taxes, 10% of total collections in Chelan
$2.3 million in lodging taxes

As we all know, this type of economic analysis has been sorely missing from the STR review process thus far and conspicuously lacking from the BERK Situational Assessment commissioned by the County earlier this year. Our economic Impact has been the elephant in the room in this whole debate, so it’s great to finally have some real economic data to help guide the process. We hope the County will give our economic impact serious consideration as the process moves forward.

Next week: The Planning Commission is scheduled to deliberate on the proposed code next Wednesday Sept 23 at 7pm with a possible decision to send the code back again to the BoCC. This comes after their somewhat chaotic Sept 9th Public Hearing (recorded here), in which the PC inexplicably decided to cut off public comments at 8:45pm in a meeting that was scheduled to go until 10pm. Many people were unable to speak and left confused, just when momentum had shifted in favor to STRs. We counted a ratio of at least 2:1 of comments in favor of STRs vs. those against. Unfortunately, no further public comment will be admitted before next week's deliberation meeting, but you'll be able to listen in via this Zoom link. Public comments will likely resume if and when the BoCC gets the code back from the PC.

Finally, we want to again express our gratitude to all STRACC members for your continued financial support. Our legal strategy is clearly working. We are disrupting the process and creating space for important discussions that must be had before the County passes any code that will so seriously endanger our local economies.

Please continue donating so we can keep defending your property rights. The STRACC board serves on a strictly volunteer basis. All of your donations go to legal expenses, minus a tiny amount of administrative expense. We can't continue this fight without you. So thank you again!!

Thank you!
The STRACC Executive Board

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public hearing next weds 9/9

9/4/2020

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Reminder: Public Hearing Next Wednesday (9/9)

Dear STRACC Members,

Just sending a reminder about the Public Hearing next Wednesday, Sept 9 at 7pm. As you recall from our last update, we filed a strategic lawsuit that forced the BoCC to remand the draft code back to the Planning Commission and have them redo their public hearing for procedural violations of the Open Public Meetings Act.

Please register today to speak at next week's meeting to share your thoughts about the proposed code. As usual, everyone will get 2 minutes to speak. To be clear, STRACC's position is that all existing STR uses should be permanently grandfathered in without sunset clauses or revokable permits. However, we support the idea that STR owners register a "responsible party form" with the County Sheriff's office to help enforce existing nuisance codes. We believe this directly address the typical neighbor complaints (noise, parking, garbage etc.)

However, we will not relent on grandfathering. Last week, we submitted documentary evidence which unequivocally demonstrates that County's longstanding policy of allowing STRs without permits. Since existing STR owners and operators have relied on this policy, we believe this evidence gives us strong legal standing to file civil lawsuits for damages if existing STRs are not grandfathered in as legal, non-conforming uses in the proposed code. Today (Sept 4) is also the last day to submit written public comment, which you can send by email to CD.STRComment@co.chelan.wa.us.

Finally, we greatly appreciate the big show of support we received from STRACC members after last week's email update. This legal defense of our property rights relies on your continued financial assistance. You can safely DONATE ONLINE or by sending a check to STRACC, PO Box 321, Leavenworth, WA 98826.

Thanks,
The STRACC Executive Board

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LEGAL UPDATE - the county responds

8/29/2020

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Legal Update: The County Responds

Dear STRACC Members,

We wanted to send out an update on our legal fight against the proposed STR regulations. We apologize for the length of this email, but we trust you'll find it worthwhile. There have been some very interesting recent developments, including the County's response to legal actions that STRACC has been working on for a while but unable to reveal until now. Please read on...

As you might recall, earlier this month STRACC filed a lawsuit against Chelan County for violating the Open Public Meetings Act (OPMA). We provided documentary evidence that the Commissioners illegally drafted their Vision Statement for the STR regulations in private emails without public input and sent it prescriptively to the Planning Commission (PC) to draft the proposed code. Our lawsuit asked for an injunction on all legislative action pertaining to STRs in 2020. Since we filed, the BoCC has been consulting with County attorneys on a legal response, which helps explain the last-minute cancellations of the last two BoCC workshops.

Well, the County finally responded this week by remanding the draft regulations back to the PC for further review with instructions to "disregard the Commissioners' Vision Statement" and hold another public hearing before a final decision. In yesterday's Wenatchee World article, Commissioner England claimed that the motivation behind STRACC's lawsuit was to "delay the implementation of regulations to allow more people to build short-term rentals, which then they feel will be grandfathered in." On Tuesday, the Commissioners had used this justification to place a temporary moratorium on new STR developments and designations, effective immediately until STR regulations are finalized.

To set the record straight, STRACC's intention was never to delay the process so more STRs could be built before the code was passed. In fact, the thought never crossed our minds since the proposed code as it stands would not grandfather in most STRs. We filed the OPMA lawsuit simply because we believe that the regulatory process should be transparent with public input from both sides, not initiated with a secretly-drafted Vision Statement prescribing the regulatory outcome.

We genuinely hope that the PC will reconsider their proposed regulations, but it is unclear how they are supposed to somehow "unsee" the original Vision Statement that they so heavily relied upon throughout the drafting process. Any hopes of a good faith effort were further dimmed at the PC's regular monthly meeting last night. When Director Brown informed the PC members that they were to "ignore" the original vision statement they used to create the draft code, the PC members went directly into discussion of how soon the new STR hearing could be scheduled and how quickly it could be passed back to the BoCC. The new public hearing is now scheduled for September 9, but based on their perfunctory treatment, it is clear that they may not take the process violations seriously.

But we have news for them...

Upon learning of the County's response, our attorneys filed a letter to the BoCC and the PC that included evidence obtained recently from a public records request. We discovered several emails and background documents that unequivocally demonstrate that the County has a longstanding policy of allowing STRs without a permit. This evidence directly contradicts the assumption held by some PC members through the drafting process and the narratives spread by opposition groups like RUN that STRs should be considered "illegal". In fact, existing STR owners and operators have relied on such policy in the development and investment in their STRs to their detriment if the current proposed STR ordinance is adopted. As per counsel wrote in their letter to the BoCC and PC...

"We urge you to treat existing STRs as legal, non-conforming uses and grandfather in such existing STRs without any sunset clauses. While an appeal of whatever regulations the County adopts is likely due to the contentious nature of the STR issue, the County will very likely avoid further civil lawsuits for damages if existing STR uses are grandfathered in."

As you can see by their diligence, our attorneys are good—but they are also expensive. We need your financial support to continue our legal battle. The STRACC Board serves on a strictly voluntary basis. All of your donations go directly into our legal fund, minus a tiny portion for expense on Administrative expenses like our website and other digital tools. PLEASE DONATE NOW!

Thanks,
The STRACC Executive Board

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LEGAL UPDATE - WE NEED YOUR SUPPORT!

8/18/2020

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Legal Update & BoCC Workshop tonight (8/18)

Dear STRACC Members,

Last Tuesday (8/11), STRACC and three other plaintiffs filed a strategic lawsuit against Chelan County for violation of the Open Public Meetings Act pertaining to the workshops, hearings and deliberations for short term rental regulation.

The lawsuit alleges that the Board of County Commissioners and the Planning Commission violated the Open Public Meetings Act (“Act”) and Emergency Proclamations by Governor Inslee suspending certain portions of the Act. We are asking in this lawsuit that all actions of both the Planning Commission and the Board of County Commissioners pertaining to short-term rentals are considered “null and void” with regard to the calendar year 2020 and that an injunction be put in force for the same. You may have seen the Wenatchee World article about our lawsuit.

As many of you know, at 4:40pm last Tuesday, shortly after we filed our lawsuit, the Board of Commissioners workshop on STRs set for 5:30 pm was abruptly canceled. The timing of the cancellation is interesting, to say the least. The workshop was rescheduled for tonight (8/18) at 6pm. Please attend and have your STRACC logo visible! Here is the usual Zoom link: https://zoom.us/j/650411499

This is one of two lawsuits STRACC is planning. The second lawsuit pertains to grandfathering but cannot be enacted until the code is passed.

STRACC Members, these lawsuits take money. Our attorneys are good and thus expensive. We need to continue to support STRACC financially. As many of you are realizing, the proposed code affects you and your livelihood, retirement, property values, etc. Many of the proposed permits would be as high as $1500 a year, so we think a $500 to $1000 or more donation to help fund this lawsuit is well worth your investment. We need to raise $40,000 to continue this suit and any future suits. PLEASE DONATE NOW!

Many counties, cities and communities that have banned STRs are being overturned as a violation of property rights. The courts are beginning to respond in our favor. But again it is taking a court battle to win. And again that takes money. Every penny you donate to STRACC goes straight to fighting for your business and your STR. Stay tuned for more information on the lawsuit.

While our legal challenges are pending, please submit your public comments to the Commissioners at CD.STRComment@co.chelan.wa.us by this Friday Aug 21. Keep in mind that all previously submitted comments during the Planning Commission phase will be carried over into the BoCC record, so they Commissioners are asking the public to only submit new comments or concerns specifically related to the code being considered.

Thanks,
The STRACC Executive Board

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