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Update: Final BoCC Workshop & STRACC Membership Meeting

12/9/2020

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Update: Final BoCC Workshop, STRACC Member Meeting & Public Hearing


Dear STRACC Supporters,

In their final workshop yesterday, the BoCC continued its attack on STRs in Chelan County by adding further restrictions to the final draft code. Specifically, the Commissioners required Tier 3 STRs to be at least 10 acres and restricted them to a maximum occupancy of 16. Additionally, while Tier 2 (non owner-occupied) occupancy remains at 12, they inexplicably reduced Tier 1 (owner-occupied) occupancy from 12 to 8 guests. Similarly, they've yet to explain how primarily banning waterfront STRs (RW zone) accomplishes their goal of addressing housing affordability. Unfortunately, these are just a few examples of the logical inconsistencies in the code resulting from the Commissioners trying to rush this process through before year's end, when newly-elected Commissioner Tiffany Gering gets seated.

On the bright side, there's a surging amount of community energy in support of STRs. Those of you who tuned into yesterday's workshop noticed the many pro-STR avatars as well as the public outcry to the County initially capping attendance to 100 guests before our attorney intervened and made them increase the limit. Vibrant discussions are taking place in our Facebook group. Our STRACC mailing list has grown to over 450 subscribers and from 100 to 160 contributing members in recent days. Given this growing momentum, we are hopeful that we can still turn things around before the Commissioners eliminate 75-85% of STRs countywide. However, we have to get organized with everyone working together. We need all hands on deck now.

Here 3 Ways You Can Help Right Now
  1. Join STRACC with a minimum $100 donation by midnight tonight to attend our member's-only meeting tomorrow night, Dec 10 at 8pm, when will discuss strategy and our legal options going forward. We will send the Zoom link to all members in the morning.
  2. Sign Up to Speak at the Public Hearing on Dec 22. We need hundreds of people demanding to be heard at this hearing.
  3. Submit Written Comments and let the BoCC how this code will specifically impact you and your family's livelihood.

Thank you for your support,
The STRACC Executive Board
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UPDATE: STRACC ORG MEETING

12/4/2020

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Update: STRACC Org Meeting!


Dear STRACC,

Last night's STRACC Organizational meeting was a success! Thank you to the 120+ supporters who Zoomed in. We were so encouraged by the turnout, the great ideas and offers to help. In case you missed it, here are the presentation slides with information about how to get involved.

While the BoCC appears poised to rush this dangerous new code before the new year, we still have time to unite and make our voices heard. We need hundreds of STR owners, managers, businesses, and even our guests to speak up at the Public Hearing on Dec 22 so we can place enough STR pressure on the Commissioners to reconsider the code before they eliminate 75-85% of STRs in Chelan County and destroy our tourist economy. We have to get organized and spread the word. Let's get to work...

Here Are 5 Ways You Can Help
  1. Join STRACC to attend our member's-only meeting on Dec 10 at 8pm.
  2. Join the Facebook group for discussions and ways to get involved.
  3. Submit Written Comments and let the BoCC how this code will specifically impact you and your family's livelihood.
  4. Speak Up at the Public Hearing on Dec 22, 6-8 pm. Keep an eye on the BoCC's page for the sign-up form which will likely be posted right after their final code workshop on Tuesday, Dec 8 at 10:30am. It's important to sign up on the form as soon as it's posted so we can make sure we all get a chance to speak.
  5. Spread the Word! Reach out to any other STR owners, property managers and  local businesses you know to make sure they're aware of what's going on. Encourage your housecleaners, maintenance staff, etc. to get involved. Maybe even ask past guests to submit written comments and speak up at the hearing.
Everyone's voice helps. We're in this fight together to protect our property rights and our economy.

Thank you for your support,
The STRACC Executive Board
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REMINDER: STRACC meeting 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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