Planning Commission recommends shrinking Transient Rental Overlay District covering 152 properties

The Midway City Planning Commission on Aug. 11 recommended that the City Council reduce the boundaries of the Transient Rental Overlay District (TROD), removing several residential neighborhoods from the overlay and preventing new short‑term rentals in the affected areas if the Council approves the change. Commissioner Craig Knight moved to forward the amendment with staff findings; the motion passed unanimously.

Commissioners and staff said the proposal would remove Turnberry, Turnberry Woods, Midway Village, portions of the Mountain Spa Rural Preservation Subdivision, 100 South (between 50 West and 100 West), Rising Ranch Subdivision, and a C‑2 area east of Fox Den Road and south of Main Street from the TROD. Staff told the Commission that 152 properties are proposed for removal and that three of those properties currently have licensed short‑term rentals while three additional properties have pending Conditional Use Permit applications. "Existing licensed and vested uses would be grandfathered," staff said during the presentation.

The staff analysis cited the General Plan's guidance discouraging expansion of the TROD and said reducing short‑term rentals in residential areas may help preserve long‑term housing and the residential character of established neighborhoods. Commissioners noted that some neighborhoods have amended their CC&Rs to prohibit nightly rentals; staff said Turnberry currently has two licensed units and Midway Village has none.

Residents who live near the areas proposed for removal urged the Commission to recommend the change. Jim Becker asked whether grandfathering of existing short‑term rentals was legally required and raised concerns about parking and complaint response times; staff confirmed that grandfathering is required and said the City can assist with enforcement. Resident Jody Anagnos described neighborhood impacts from a nearby short‑term rental, saying it produced "traffic, parking, noise, dogs, and frequent turnover of occupants" and supported removing residential areas from the TROD. Camille Palmer urged removing Midway Village, citing close proximity of homes, private roads, and limited parking.

Commissioner Knight moved "to recommend to City Council a zone map amendment in several areas of the city, including all the areas listed, to remap and reduce the size of the Transient Rental Overlay District, using the staff recommendations and possible findings in support to reduce the size of the present TROD as it was laid out." The motion passed with Ayes from Commissioners Farrell, Nokes, Facer, Winegar, Dougherty and Knight and no dissenting votes.

The recommendation now goes to the Midway City Council for final action. If the Council approves the map change, no new short‑term rental licenses would be allowed in the areas removed; licensed and vested uses that predate any change would remain lawful unless discontinued for more than one year, at which point nonconforming status could be lost.