Planning commission recommends shrinking Transient Rental Overlay District in several neighborhoods
Summary
The Midway City Planning Commission voted unanimously to recommend that the City Council remove about 152 properties from the Transient Rental Overlay District, saying the change would preserve neighborhood character; staff said existing licensed short‑term rentals would be grandfathered.
The Midway City Planning Commission voted Aug. 11 to recommend that the City Council reduce the size of the Transient Rental Overlay District (TROD), removing multiple residential areas where new short‑term rentals would no longer be permitted. Commissioner Craig Knight made the motion to send the zone map amendment to the council using staff recommendations; the motion passed unanimously, with six ayes and no nays.
Staff told the commission the proposal would affect roughly 152 properties, three of which currently have licensed short‑term rentals and three additional properties with pending conditional‑use permit applications; existing licensed and vested uses would be grandfathered. "The limited number of existing licensed short‑term rentals within the affected areas is not expected to materially impact the City's resort tax qualification," staff said. The commission cited General Plan guidance and the goal of preserving long‑term housing and residential character as reasons to reduce the overlay.
Residents who spoke during public comment urged the commission to support the change. Jim Becker of Turnberry asked whether grandfathering was legally required and expressed concern about parking, excessive numbers of vehicles, and difficulty obtaining responses to complaints. Jody Anagnos said she supported reducing the TROD, citing impacts from a nearby short‑term rental including "traffic, parking, noise, dogs, and frequent turnover of occupants." Staff confirmed that existing legal uses must be grandfathered and that the City can assist with enforcement of applicable City Code requirements.
Commissioners discussed the limited tax benefit from the small number of affected rentals and noted that several neighborhoods — Turnberry, Turnberry Woods, and Midway Village — have CC&Rs that prohibit nightly rentals. Commissioner Knight's motion asked the council to remap and reduce the overlay in the areas listed in staff materials. The commission's recommendation is advisory; the City Council will consider the ordinance and any final map changes at a future meeting.
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