Midway has officially approved a reduction in areas where nightly and short-term rentals are allowed in Midway City, as local leaders say fewer nightly rental zones will protect local housing.  The new ordinance, discussed on Sept. 1, tightens up the transient rental overlay district, or TROD, which governs short-term and nightly rentals. A majority of council members voted in favor of the amended ordinance, which was originally discussed in August.  Areas subject to removal from the TROD include Turnberry, Turnberry Woods, Midway Village, Rising Ranch, lots in the Mountain Spa Rural Preservation subdivision, 100 South between 50 West and 100 West and an area located east of Fox Den Road and south of Main Street. At the public hearing, the Rising Ranch subdivision was discussed repeatedly as an area with nightly rentals in operation. Community Development Director Michael Henke said Midway has received two letters from property owners in that development sent to the City Council and the city’s legal department.  “The one thing about Rising Ranch subdivision is, after that subdivision was approved, they applied for a blanket conditional use permit for nightly rentals for all of the properties within this development,” Henke said.  That means there is an avenue for nightly rental applications to move forward with a conditional use permit. Henke said removing the area from the TROD would not eliminate property owners from applying for a transient rental unit license. The city has received a legal response on the matter. Kevin Ross, an attorney who is representing property owners in the Rising Ranch subdivision, made a public comment conveying the property owners’ position.  “No complaint has been filed against Rising Ranch and, unlike the other communities being removed from the TROD, Rising Ranch was developed under the TROD,” Ross said. “Rising Ranch has a recorded property right to have a short-term rental, and removing Rising Ranch from the TROD would be a violation of those property rights, the development agreement, and possibly a taking that would cause at least $9 million in invested damage.”Ross requested the city grandfather Rising Ranch in.  Multiple Midway residents, including Katie Villani, spoke out in complaint of Rising Ranch nightly rentals.  “I do know, from living in the area, that there are complaints about Rising Ranch, and I also do know that it’s not licensed,” Villani said. “From living right down the street, you hear music, you hear weddings, you see the traffic, you see what goes on.” Villani said it doesn’t logically follow to treat Rising Ranch differently when “this one has had some of the worst behavior.” Carol Jarvis lives adjacent to Rising Ranch. She said she has seen multiple formal complaints against nightly rentals in the subdivision.  “There have been parties. There have been 30 cars. There has been obscene music. My house lights up with strobe lights for multiple, multiple weddings,” Jarvis said.  Ross denied that any weddings had been hosted at Rising Ranch nightly rentals.  “As for the other complaints, the complaints themselves, if they’re coming from the person making comment, that is part of the conflict right there,” Ross said. “There’s a real property right recorded with the land, and they’re happy to discuss any legitimate complaints.” Henke said that conditional use permits can be revoked if violations occur.  “We have to have a really good case to do that, but it is possible for it to be revoked,” Henke said.  The city adopted the new ordinance restricting the TROD. It grandfathered in properties currently operating with approved nightly rentals or conditional use permits. There are two licensed properties that would be allowed to continue in the Turnberry area.  There will be further discussion about the Rising Ranch subdivision and nightly rentals at a future public meeting. The post Midway reduces short-term rental zone after complaints from property owners appeared first on Park Record. ...read more read less