Short Term Rentals, Helipads, Livestock and More: Valdez Seeks to Update Zoning Code

View from the Valdez Harbor. Photo by Allison Sayer.

By Allison Sayer

On November 29, the City of Valdez (COV) Planning Department, City Council, and the Planning and Zoning Commission held a joint work session to review staff and public comments on the draft revision of the city zoning code. 

Planning Director Kate Huber sought “guidance” from those assembled. Approval from the assembled group did not constitute a binding change in code, but would be taken into strong consideration in updates to the draft. 

Short term rentals generated the most discussion among the city council and planning commissioners. 

Short term rentals such as “Air BnB’s” are not addressed in the current city code, which was created before the proliferation of these businesses. 

Currently in Valdez, traditional B&B’s need to have a permit. The process includes business registration and passing a city safety inspection including fire exits and building code compliance. The proposed code draft expands these permitting requirements to any short term rental. 

The current draft of the revised code does not include limits on the number of short term rentals within the city. Huber said this was because opinion appeared to be “split” on this issue, and she was seeking additional guidance on what limits should be, if any. 

Those assembled for the work session generally agreed that short term rentals where the owner occupies the property should not be restricted. They did not feel they had a strong effect on the availability of housing within Valdez. 

The majority of both the zoning commission and the city council supported imposing a cap on the number of non-owner occupied short term rentals that could operate within the City of Valdez. What that cap should be was a topic of lengthy discussion.

Councilmember James Devens suggested a cap based on a small percentage of the total available housing in Valdez. He pointed out that housing was the “number one priority” in the 2021 Valdez Comprehensive Plan. 

Councilmembers Austin Love and Olivia Foster and zoning commissioner Stephen Goudreau supported a cap at a “low” number, and Councilmember Love stated the cap could be as low as “zero.” 

Councilmembers Foster and Love pointed out the lack of housing opportunities in Valdez. Commissioner Goudreau stated, “If you don’t control it, it will take over.”

Commissioner Maureen Radotich supported some limit on the number of short term rentals, but also stated that she supported having some non-owner occupied short term rentals within the city for visitors. She stated that her family enjoys using those when they travel to other destinations. 

Valdez city light in the snow. Photo by Allison Sayer.

Councilmember Alan Sorum supported setting a cap close to the existing number of short term rentals and “evaluating over time.” 

Mayor Scheidt stated that she supported a cap. She said she would not advocate for current non-owner occupied short term rental businesses to be eliminated, but she did advocate to “stop the bleeding.” 

Commissioner Rhonda Wade was the only member of the group who spoke against a cap. She stated she felt property owners should not be “told what to do” with their properties in that way. She said there was hope for future housing in Valdez with new construction underway, and said there was room for the city to continue to help create housing by eliminating “red tape.” Wade also stated concern that with a cap, there could be potential visitors to Valdez who would not have a place to stay.

Huber and COV attorney Jake Staser both stated that a cap on short term rentals would be relatively easy to increase in the future but extremely difficult to decrease. 

Due to the fact that short term rental operators currently do not have permits, there is not a known precise number of short term rentals in Valdez. Based on viewing websites advertising these businesses, the planning department estimated there are about 70. That number includes both owner and non-owner occupied properties. 

Although the group did not reach unanimous consensus, the majority supported including a cap of 50 non-owner occupied nightly rentals in the new zoning code. It was also suggested that the cap be written into the code as a resolution which would make it easier to change in the future. 

Several suggested revisions to the draft code from staff or the public met with general support. Among these were increasing the number of items such as recreational vehicles, skid steer type vehicles, boats, or trailers a homeowner can have on residential property above a certain size, and prohibiting the import of additional pre-1976 mobile homes from outside of Valdez into Valdez. 

Conditional uses of a property are uses that are possible within the zoning code but require a permitting process. Among those met with general support were adding commercial boat and RV storage, construction yard use or storage, and manufacturing of value-added marijuana products to the “conditional” uses of “neighborhood mixed use” (NMU) properties.

Adding mining and marijuana cultivation to conditional uses in a NMU zone did not meet with support. A public comment requesting to eliminate proposed setback requirements for new construction in light industrial zones was also not supported. Huber stated the setback is meant to allow for snow shedding, and the requirement is reduced for buildings which will shed away from a neighbor or have flat roofs that meet current construction standards. 

Public comment and staff supported the consolidation of “semi rural” and “rural” residential properties into one “rural” category. This would allow for more livestock or agricultural activity on properties that had previously been designated as “semi rural.” There were some questions regarding livestock noise and other issues. Huber noted that “rural” properties would still have guidelines regarding livestock. 

Lowe River flats near Valdez. Photo by Allison Sayer.

A public request to include helipads as conditional uses in NMU zones met with discussion. Commissioner Radotich pointed out that while property owners within 300 feet of a proposed helipad would have to be notified by mail of a permit application, the impact of the helicopter would be beyond that distance. There was majority support for expanding the distance of neighbor notification to 500 feet from both the prospective helipad and potential flight paths. 

Councilmember Sorum brought up fencing, and stated that he did not think residents should have to apply for a permit to construct a fence. Huber stated she would revisit this at a later time because she did not have enough notes regarding fencing with her to completely address the question. 

One question not addressed directly in the code is how the code will be enforced. According to Huber, “education will be a big component” of enforcement- getting the word out about the changes to the code. Beyond that, the city will have to “set priorities” in enforcement. Violators could face fines of up to $200 per violation per day. 

Commissioner Don Haase praised the planning department. He said that what was requested was to make the city zoning code simpler to follow and easier to understand, and that the new draft accomplished that overall. 

The Planning and Zoning Commission will hold a public hearing at 7:00 p.m. on January 10 in City Council Chambers to hear comments on a revised draft. To read the current draft code or sign up to receive updates on future developments, visit zoningvaldez.com.

This article was originally published on December 7.