Link

Social

Embed

Disable autoplay on embedded content?

Download

Download
Download Transcript


[00:00:04]

TO, UH, MAKE A STATEMENT REGARDING THE, UH, UH, TERRIBLE TRAGEDY THAT OCCURRED IN ALLEN, UH, ON SATURDAY.

AND, UH, ALL OF US HERE AT THE TABLE, UH, OUR CONDOLENCES GO OUT TO THOSE, UH, TO OUR NEIGHBOR IN ALLEN.

AND, UH, IT'S A TRAGEDY AND WE ARE SO SORRY.

WE DO THANK OUR FIRST RESPONDERS, UH, FROM PLANO THAT WERE THERE IN MASS HELPING, UH, THE FIRST RESPONDERS IN ALLEN, AND, AND WE CAN'T THANK THEM ENOUGH AND WE APPRE APPRECIATE ALL THAT THEY DO.

UH, IF EVERYBODY WOULDN'T MIND STANDING FOR ABOUT 30 SECONDS OF SILENCE.

THANK YOU.

YOU BE SEATED.

I'M NOW TO DECLARE THAT THE PLANO CITY COUNCIL JOINT MEETING WITH THE PLANNING AND ZONING COMMISSION IS CONVENED AN OPEN SESSION THAT ALL COUNCIL MEMBERS ARE PRESENT.

I NOW DECLARE THAT THE PLANNING AND ZONING COMMISSION JOINT MEETING WITH THE PLANO CITY COUNCIL IS CONVENED INTO OPEN SESSION, AND WITH THE EXCEPTION OF VICE CHAIR, CARRIE, AND COMMISSIONER O ALL OTHER COUNCIL COMMISSION MEMBERS ARE PRESENT.

THE COUNCIL IN

[Executive Session]

PLANNING AND ZONING COMMISSION WILL NOW RECESS INTO EXECUTIVE SESSION IN TRAINING MADE TO HOLD A CLOSED EXECUTIVE MEETING PURSUANT TO THE PROVISIONS OF VERNONS TEXAS CODES ANNOTATED GOVERNMENT CODE CHAPTER 5 51.

THE OPEN MEETINGS ACT IN ACCORDANCE WITH THE AUTHORITY CONTAINED IN SECTION 5 51 0 71 TO CONSULT WITH THE ATTORNEY TO RECEIVE LEGAL ADVICE AND DISCUSS LITIGATION.

THANK YOU.

I NOW DECLARE THAT THE PLANO CITY COUNCIL JOINT MEETING WITH THE PLANNING AND ZONING COMMISSION IS RECONVENED INTO OPEN SESSION, AND THAT ALL COUNCIL MEMBERS ARE PRESENT COMMISSION, UH, MEETING WITH THE PLAINTIFF, CITY COUNCIL IS RECONVENED INTO OPEN SESSION AND ALL COMMISSION MEMBERS, WITH THE EXCEPTION OF MR. O COMMISSIONER O, ARE PRESENT

[I. Discussion and action on regulatory changes to housing standards]

DISCUSSION AND ACTION ON REGULATORY CHANGES TO HOUSING STANDARDS.

ITEM A PRESENTATION AND DISCUSSION OF CHANGES TO THE SHORT TERM RENTAL Y.

GOOD EVENING.

UH, MY NAME IS ANDREW FORTUNE.

I'M THE DIRECTOR OF POLICY AND GOVERNMENT RELATIONS WITH THE CITY OF PLANO.

UM, I WANTED TO PROVIDE A BRIEF UPDATE, UH, FOR THE GROUP AND THE PUBLIC ON WHERE SHORT-TERM LOREN, UH, LEGISLATION LANDS CURRENTLY.

UM, ALL WITH THE DISCLAIMER THAT WE ARE CURRENTLY STILL WITH, UM, IN THE PROCESS OF, UH, THE LEGISLATIVE SESSION THAT WON'T CONCLUDE UNTIL, UH, THE END OF THIS MONTH.

SO THERE ARE MANY CHANGES THAT COULD HAPPEN BETWEEN NOW AND THEN.

OF NOTE, HOUSE BILL 26 65, UH, COMMISSIONS A STUDY ON MUNICIPAL S STR R REGULATIONS, UH, PREVIOUSLY IN OTHER FORMS, UM, IT HAD SOME PREEMPTION ELEMENTS TO IT.

UH, THIS STUDY, UH, IS LIKELY TO CONTINUE TO MOVE FORWARD.

IT WAS HEARD ON THE HOUSE FLOOR THIS EVENING, UH, HOUSE BILL 31 69, UH, PREEMPTS SHORT-TERM RENTAL REGULATIONS IN ONLY ONE CITY IN TEXAS THAT IS BRACKETED, BUT WE ARE CONTINUING TO MONITOR THAT BILL, UM, AS AN AMENDMENT COULD, UH, BROADEN THE SCOPE OF, UH, WHAT THAT IMPACTS SENATE BILL 9 29 IS BY FAR THE MOST, UH, PRESSING AND PROBLEMATIC, UH, THAT HAS POPPED UP, UM, SIMPLY IN HOW QUICKLY IT HAS MOVED THROUGH THE PROCESS.

UM, IT DOES CAUSE SOME CONSIDERABLE ISSUES WHEN IT COMES TO, UH, NOTICE AND COMPENSATION, UH, THAT A MUNICIPALITY MUST PROVIDE WHEN CREATING A, OR STOPPING A NON-CONFORMING USE.

UM, AND SO, UH, THAT IS A BILL THAT, UH, STAFF, PARTICULARLY LEGAL TEAM, UH, HAVE REQUESTED MORE TIME, UH, TO REALLY ANALYZE IT IS ON THE GOVERNOR'S DESK CURRENTLY.

UM, HE HAS ANTICIPATED TO SIGN THAT IF HE, HE DOESN'T SIGN IT, UM, IT DOES AUTOMATICALLY BECOME LAW WITHIN 10 DAYS HAVING REACHED A SUPER MAJORITY.

UM, AND I'LL MOVE FORWARD.

SO YOU CAN SEE SOME OF THOSE NOTES THERE, UM, IN BOTH CHAMBERS.

UM, THAT IS WHAT WILL TRIGGER THAT IMMEDIATE EFFECT.

MOST LEGISLATION, FOR THOSE OF YOU DON'T KNOW, UH, TRADITIONALLY WILL NOT TAKE EFFECT UNTIL SEPTEMBER 1ST AFTER A SESSION.

UM, THIS ONE, UH, WOULD CAUSE ISSUES, UH, PARTICULARLY WITH AN STR BAN BECAUSE WE WOULD BE CREATING NONCONFORM OR NON-CONFORMING USES, WHICH THOSE TRIGGER PROVISIONS OF THE BILL, UM, IT DOES IMPACT THOSE, AGAIN, NOTICE AND COMPENSATION ISSUES.

UM, AND SO WE'RE ASKING FOR MORE TIME.

ONE ADDITIONAL

[00:05:01]

BILL I WANTED TO HIGHLIGHT, UH, HOUSE BILL 2127 IS WHAT WE'RE CALLING A SUPER PREEMPTION BILL.

UM, IT HAS A REALLY, IT PAINTS WITH A BROAD BRUSH WHEN IT COMES TO, UH, PREEMPTION FOR LOCAL GOVERNMENTS.

UM, IT HAS PASSED THE HOUSE.

IT IS A GOVERNOR.

UM, HE HAS EXPRESSED A PRIORITY FOR THIS BILL.

UH, THESE ARE THE VARIOUS CODES THAT IT WOULD PREEMPT MUNICIPAL AUTHORITY AND BROADLY, UM, OF NOTE, UH, OCCUPATIONS AND PROPERTY CODE DOES CAUSE SOME CONCERN FOR OUR LEGAL TEAM, UM, IN THE LONG TERM WHEN WE'RE LOOKING AT INTERPRETING THE IMPACT OF THE BILL.

I ALSO INCLUDED INCLUDED SOME OTHER SUPER PREEMPTION EXAMPLES, UM, AS IT IS SOMETHING THAT, UM, BOTH OF THESE BODIES WILL HEAR A LOT MORE ABOUT AS WE MOVE THROUGH THIS PROCESS.

UM, AND SO I WANTED EVERYONE TO BE AWARE THAT, UH, IT'S, IT'S GOING TO BE FAR REACHING AND, AND VERY BROAD.

BUT WITH THAT, I'M HAPPY TO ANSWER ANY QUESTIONS.

ANY QUESTIONS FOR ANDREW? THANKS, ANDREW.

THANK YOU.

ALL RIGHT.

GOOD EVENING.

I'M CHRISTINA DAY, THE DIRECTOR OF PLANNING, AND WE'LL, UH, TALK A LITTLE BIT MORE ABOUT THE ITEMS IN YOUR PACKET THIS EVENING.

SO ALL THESE ITEMS RELATE TO OUR SHORT-TERM RENTAL PROCESS THAT'S BEEN ONGOING.

SO JUST A QUICK OVERVIEW.

UM, WE HAVE INITIATED THE PROCESS SOME TIME AGO.

UM, THERE WERE SOME EXECUTIVE SESSIONS AS WELL AS REGULAR UPDATES TO CITY COUNCIL THAT HAVE OCCURRED OVER A NUMBER OF YEARS.

WE STARTED RESEARCHING THE ISSUE AND WE HAD REGULAR PUBLIC INPUT THAT BEGAN, THAT LED TO DIRECTION, UH, THE COUNCIL DIRECTING ACTION ON THIS ISSUE.

AND THEN WE STARTED WORKING ON OUTREACH AND DATA COLLECTION, BUT THEN SOME INCIDENTS OCCURRED IN THE COMMUNITY WHERE WE GOT DIRECTION FROM COUNCIL TO START SOME INTERIM MEASURES THAT RESULTED IN THIS MEETING.

AND WE ARE STILL WORKING ON COLLECTING, UM, DATA AND RESULTS, UH, BASED ON TOOLS THAT COULD BE IMPLEMENTED THIS EVENING.

THEN OUR KIND OF LONGER TERM PROCESS, UM, THAT WE STARTED INITIALLY BASED ON THE ARLINGTON MODEL IS A PUBLIC OUTREACH PROCESS.

UH, WE'VE GOT REPRESENTATIVES FROM GAP STRATEGIES WHO IS OUR CONSULTING TEAM HERE TONIGHT, AND THEY'RE HELPING US.

UH, THEY'VE, WE'VE CREATED A WEBSITE AND A SURVEY, AND SO, UM, THAT IS UNDERWAY.

WE'RE GONNA BE LOOKING AT THE EFFECTIVENESS OF ANY CURRENT TOOLS WE HAVE AND THAT SHOULD RESULT IN RECOMMENDATIONS FOR PERMANENT MEASURES.

AND SO WE HOPE THE END OF THIS PROCESS THERE WILL BE ADOPTION OF PERMANENT MEASURES THAT ARE DATA BASED, UM, OUTREACH BASED AND RESEARCH BASED.

UM, SO THEY'RE VERY DEFENSIBLE FOR THE COMMUNITY.

SO I'VE GOT DATES HERE.

I'LL JUST VERY QUICKLY TOUCH ON, UM, FROM 2018 TO 2022, THAT'S WHERE THERE WERE SOME UPDATES TO CITY COUNCIL, BUT THIS PROCESS SORT OF STARTED IN EARNEST IN OCTOBER OF 22 WHEN SOME, UH, CHANGES WERE INITIATED BY THE CITY COUNCIL, UM, INCLUDING PREPARING A REGISTRATION PROGRAM AND UTILIZING THAT ARLINGTON PROCESS.

THAT'S WHEN WE HIRED THE CONSULTING TEAM, UH, STARTED THAT PROCESS AS WELL.

THEN IN FEBRUARY, WE, UH, HAD A COUNCIL MEMBER REQUEST ORDINANCE UPDATES, UM, IN MARCH, COUNCIL DIRECTED STAFF TO PREPARE AN ORDINANCE ON AN INTERIM BAN AND BRING BACK A REGISTRATION AND PARTY, HOUSE NUISANCE ORDINANCE, UM, P AND Z CALLED A PUBLIC HEARING TO AMEND THE ZONING ORDINANCE TO ENACT THE TEMPORARY BAN AT COUNCIL'S DIRECTION.

AND THEN WE HAVE, UH, APRIL WHERE WE HAVE HAD DIRECTION ON A SHORT TERM RENTALS TASK FORCE, THEN UPDATES SINCE, UH, LAST TIME I'VE SPOKEN WITH ANY OF YOU, WE DO HAVE A WEBSITE LIVE PLANO STR R.COM.

UM, THAT'S BEEN GOING ON FOR A FEW WEEKS NOW.

WE HAVE A SURVEY AVAILABLE.

WE'VE HAD OVER 4,000 RESPONSES, UM, THAT WE'VE HAD A REALLY GOOD RESPONSE RATE.

VERY HAPPY WITH THAT.

UM, REGISTRATION FORMS FOR THE TASK FORCE ARE AVAILABLE THROUGH MAY 17TH, SO WE'RE ENCOURAGING PEOPLE TO SIGN UP AT THE WEBSITE.

UM, THERE'S A LINK THERE.

AND THEN WE ALSO ARE PROMOTING THE WEBSITE THROUGH VARIOUS MEANS.

ANY OF YOU WHO ARE IN PLANO PARKS MAY HAVE SEEN OUR SIGNS AROUND OR AT REC CENTERS, LIBRARIES.

WE'VE GOT CARDS AND, UH, SOCIAL MEDIA POSTS AND NEWSLETTERS, TRYING TO REALLY REACH EVERYONE WE POSSIBLY CAN.

SO WITH THAT, I'LL GET INTO THE REGISTRATION, UH, PROGRAM THAT'S PROPOSED IN THE PACKET.

SO THIS WILL BE ADMINISTERED BY THE NEIGHBORHOOD SERVICES DEPARTMENT.

SO I AM JOINED BY LORI SCHWARTZ, THE DIRECTOR OF NEIGHBORHOOD SERVICES, UM, REGARDING THE IMPLEMENTATION

[00:10:01]

OF THIS ORDINANCE.

BUT AS IT'S WRITTEN, WE BELIEVE THIS COVERS THE PARTY NUISANCE ISSUES.

SO THERE IS NO SEPARATE ORDINANCE THAT'S DRAFTED AND PRESENTED.

THIS IS INTENDED TO KIND OF COVER BOTH ISSUES.

UM, IT DOES NOT ALLOW A SHORT-TERM RENTAL WITHOUT AN APPROVED VALID REGISTRATION.

THOSE REGISTRATION DOES IDENTIFY CERTAIN SPECIFIC THINGS WE THINK ARE IMPORTANT TO THE COMMUNITY.

THE EXISTENCE AND LOCATION OF THESE USES, OWNERSHIP MANAGEMENT CONTACTS.

UM, IT PROVIDES INFORMATION ABOUT THE SITE ITSELF, FLOOR PLANS, PHOTOGRAPHS, THINGS THAT ARE IDENTIFYING, SO WE CAN KEEP TRACK OF, UH, THE PROPERTY ITSELF AND IDENTIFY IT ON PLATFORMS AS WELL AS PROOF OF INSURANCE.

AND IT REQUIRES THAT THEY PROVIDE US THE RULES FOR THE PREMISES AS WELL AS THE MAXIMUM NUMBER OF GUESTS.

SO IT ALSO ESTABLISHES A TIMELINE AND SETS A DATE THAT IT'S A NON-CONFORMING USE, UM, AS OF THE EFFECTIVE DATE OF THE ORDINANCE IF PASSED TONIGHT, OR IF SOMEONE HAS AN INVESTMENT BACKED EXPECTATION DURING THAT SAME TIME PERIOD.

SO ALLOWING PEOPLE TO CONTINUE TO EXIST, BUT, UH, REALLY STOPPING NEW USES FROM COMING ONLINE PROVIDES PROOF OF INSURANCE, UM, SELF-INSPECT INSPECTION, AND THAT'S REALLY A FUNCTION OF I THINK TIME.

LORI COULD PROBABLY ADDRESS THAT BETTER.

BUT TO TRY TO GET THIS OFF THE GROUND VERY QUICKLY, WE'RE REQUIRING SELF INSPECTIONS, BUT WE WILL COMPARE THAT INFORMATION TO THE PHOTOGRAPHS AND SO FORTH.

WE HAVE, UH, DISPLAY OF REGISTRATION ON THE PROPERTY, SO PEOPLE WON'T KNOW IT'S A SHORT TERM RENTAL.

THEY NEED TO PAY THEIR TAXES CONSISTENT WITH THE LAW AND RENEW THEIR REGISTRATION EVERY YEAR AND PAY THE FEE SO THE REGISTRATION PERIOD WOULD OPEN ON MAY 15TH WITH THE EFFECTIVE DATE OF THE ORDINANCE AND CLOSE JULY 17TH.

SO GIVING EFFECTIVELY A TWO MONTH WINDOW FOR PEOPLE TO REGISTER.

HOWEVER, UH, ANYONE, WE WANTED TO MAKE SURE THAT ANYONE THAT DIDN'T HEAR ABOUT IT FOR WHATEVER REASON, STILL HAS AN OPPORTUNITY TO APPEAL.

AND THAT APPEAL PROCESS WOULD BE AVAILABLE UNTIL NOVEMBER 30TH.

IT, AS WRITTEN AS NON-TRANSFERABLE, UM, REGISTRATION COULD BE DENIED UNDER, UH, CONDITIONS SUCH AS A NUISANCE OR ANY OTHER, UM, PROBLEM WITH THE REGISTRATION PAPERWORK.

UM, SO SITES NEED TO BE CONFORMING WITH THE REGISTRATION PROCESS TO MAINTAIN THAT REGISTRATION.

AND THEN, UH, THE ABOVE STANDARDS ARE PARTICULARLY IMPACTED BY THE SENATE BILL THAT, UH, MR. FORTUNE JUST SPOKE ABOUT.

SO WE, UM, WITH REGARD TO NON-CONFORMING USES AND HOW THOSE ARE IMPACTED BY THE REGISTRATION PROGRAM, UM, WE THINK THAT SENATE BILL WILL HAVE AN IMPACT ON THIS REGISTRATION PROGRAM AS IT'S PRESENTED TO YOU.

SO NOW I'LL SWITCH TO THE ZONING CASE.

ZONING CASE.

20 2304 IS ONE OF THE INTERIM MEASURES THAT I DISCUSSED IN THE PROCESS EARLIER.

IT'S A FAIRLY STRAIGHTFORWARD ZONING AMENDMENT FOR THOSE OF YOU WHO ARE FAMILIAR WITH ZONING TEXT AMENDMENTS.

UM, IT HAS A SECTION THAT ESTABLISHES PURPOSE, SO IT SHOWS UPFRONT WE'RE DOING, MAKING THIS CHANGE TO THE ORDINANCE SO THAT WE CAN COLLECT DATA AND, UM, SO THAT WE CAN DETERMINE A PERMANENT RECOMMENDATION DUE TO THE COMMUNITY CONCERNS ABOUT HEALTH AND SAFETY.

IT IS AN INTERIM PROVISION, THEN IT IS DEFINES A SHORT TERM RENTAL, UM, AS ANY PORTION OR ALL OF A DWELLING UNIT OFFERED FOR USE AS TRANSIENT LODGING IN EXCHANGE FOR COMPENSATION FOR LESS THAN 30 DAYS.

WE ALSO HAVE EXCLUDED A COUPLE OF VERY SPECIFIC DEFINITIONS IN THE ZONING ORDINANCE THAT REFERENCE TIMEFRAME, UM, AS THOSE COULD BE IMPACTED BY THIS DEFINITION.

AND THEN THE ACTION IS TO PROHIBIT SHORT-TERM RENTALS AS NOW DEFINED IN DWELLING UNITS THROUGHOUT THE CITY.

AND THAT WOULD BE SUBJECT TO THE PROVISION ON NON-CONFORMITY IN THE ZONING ORDINANCE.

IT ALSO ESTABLISHES THAT INDIVIDUALS WITH INVESTMENT BACK TO EXPECTATIONS AS OF THE EFFECTIVE DATE OF THE ORDINANCE, UM, COULD, UH, BE CONSIDERED NON-CONFORMING.

AND THEN THE LIMITATION IS THAT IT DOES HAVE A EFFECTIVE DATE, CERTAIN, THE ON MAY 15TH, 2024, IT WILL EXPIRE.

AND THAT'S TO ENSURE THAT WE, UH, CONTINUE WITH THE PROCESS THAT WE'VE COMMITTED TO, TO GATHER THE DATA AND, UM, DEVELOP A MORE PERMANENT SOLUTION.

SO WITH THAT, THE RECOMMENDATION DOES COMPLY WITH

[00:15:01]

A NUMBER OF ELEMENTS OF THE COMPREHENSIVE PLAN.

WE ALWAYS ENCOURAGE YOU TO LOOK AT THE GUIDING PRINCIPLES HOLISTICALLY AND, AND HOW THAT'S IMPACTED AS WELL AS THE CITY'S LAND USE POLICY.

UM, THERE'S POINTS THERE ABOUT QUALITY OF LIFE FOR EXISTING NEIGHBORHOODS THAT ARE ALIGNED WITH THIS CHANGE, AS WELL AS THE NEIGHBORHOOD CONSERVATION POLICY, WHICH TALKS ABOUT, UH, CONTRIBUTING TO THE OVERALL CHARACTER AND LIVABILITY OF NEIGHBORHOODS AND SAFE COMMUNITIES.

SO, AS OF THE DEADLINE FOR ZONING CASES, AND THIS WAS, I JUST WANNA ADMIT THAT THIS, WE WERE LOOKING FOR PEOPLE THAT SPECIFICALLY REFERRED TO THE ZONING CASE BECAUSE WE WEREN'T SURE WHETHER PEOPLE WERE ALWAYS REFERRING TO REGISTRATION OR ZONING OR THE ISSUE GENERALLY.

SO WITH REGARD TO ZONING CASES, WE GOT TWO RESPONSES, AND, UM, THOSE WERE BOTH FROM THE SAME INDIVIDUAL AS OF OUR CUTOFF OF FRIDAY, MAY THE FIFTH.

UM, THE ZONING CASE IS RECOMMENDED FOR APPROVAL IN THE PRELIMINARY REPORT, CONSISTENT WITH THE COMPREHENSIVE PLAN, AND ADDITIONAL ACTIONS MAY BE CONSIDERED, UH, AGAIN, BASED ON THE RECENT ACTIONS IN THE LEGISLATURE AND OTHER PENDING LEGISLATION THAT WAS DISCUSSED EARLIER, WE'RE LOOKING AT TWO OTHER OPTIONS, EITHER TABLING ITEMS TO THE END OF THE LEGISLATIVE SESSION SO WE HAVE MORE CERTAINTY AS TO WHAT THE IMPACTS MAY BE FROM THE LEGISLATURE ON THIS ISSUE, OR TAKING MULTIPLE ACTIONS BECAUSE THERE'S MULTIPLE ITEMS HERE APPROVING THE ZONING AS PROPOSED, BUT THE REGISTRATION ORDINANCE COULD BE TABLED AGAIN TO THE LEGISLATIVE SESSION OR TO WAIT THROUGH THE RECOMMENDATIONS OF THE FULL PROCESS WITH GAP STRATEGIES.

SO THAT CONCLUDES MY PRESENTATION ON THIS ISSUE, UNLESS THERE ARE QUESTIONS FOR STAFF.

THANK YOU.

ANY QUESTIONS FOR STAFF? ALL RIGHT, COUNCILMAN HOMER, I WAS JUST CURIOUS, YOU SAID YOU'VE RECEIVED 4,000 RESPONSES SO FAR TO THE SURVEY.

DO YOU HAVE A WAY OF BEING ABLE TO, TO TELL IF THEY'RE IN UNIQUE IN THE VISUAL, THE 4,000 SOMEWHERE YOU WERE FERENCE TO HAVING TWO PEOPLE? THE SAME RESPONSES ON, ON, ON A ZONING CASE, BUT ON THE SURVEY ITSELF, I, I'VE TAKEN IT MYSELF AND I DIDN'T FIND A PLACE WHERE, I DON'T KNOW, IS IT TRACKING IP ADDRESSES? IS THERE ANY RIGHT.

WE HAVE LOOKED AT IP ADDRESSES.

OKAY.

AND SO WE'RE TRACKING THAT.

UM, WE'LL, THAT'LL BE PART OF OUR REPORT BACK TO THE BODIES ABOUT THE SURVEY, BUT WE'VE DISCUSSED THAT AT LINKED, WE DON'T WANT TO NECESSARILY EXCLUDE IF THERE'S TWO MEMBERS OF A HOUSEHOLD THAT HAVE OPINIONS AND WANNA REGISTER THEM.

WE DON'T WANNA NECESSARILY ASSUME THAT THOSE, THAT THOSE THAT DUPLICATE REGISTRATION IS NECESSARILY A, A PROBLEM, BUT WE ARE PAYING ATTENTION TO THE NUMBER OF, UH, RESPONSES FROM A SINGLE IP ADDRESS.

THANK YOU.

THANK YOU.

THANK YOU.

ALL RIGHT.

THANK OH, APOLOGIZE FOR CHRISTINA.

YES.

OKAY, GO AHEAD.

SORRY, CHRISTINA.

JUST A, A COUPLE OF REAL QUICK QUESTIONS.

HOW DO YOU CALCULATE THE MAXIMUM NUMBER OF GUESTS? THE MAXIMUM NUMBER OF GUESTS, I BELIEVE IS DETERMINED BY THE, UH, THE REGISTRANT THEMSELVES, BUT IT WOULD FOLLOW THE PROPERTY CODE.

SO I WANT TO CONFIRM WITH THE SCHWARTZ, IS THAT CORRECT? IT'S BY THE PROPERTY CODE.

OKAY.

UM, IS THERE ANYTHING IN THE PROPERTY CODES THAT SAYS THIS IS THE NUMBER OF PEOPLE PER SQUARE FOOTAGE OF THE HOUSE, OR IS THIS THE NUMBER OF PEOPLE THAT ARE NORMALLY IN A BEDROOM? I'M GOING TO DEFER THAT TO THE PROPERTY CODE EXPERTS.

SCOTT LUCIER, THE PROPERTY STANDARDS MANAGER.

GOOD AFTERNOON.

UM, THE CURRENT PROPERTY MAINTENANCE CODE LISTED PER PER BEDROOM AREAS, UM, ONE INDIVIDUAL IN A BEDROOM, 70 SQUARE FEET, MORE THAN ONE INDIVIDUAL IN A BEDROOM, 50 SQUARE P QU, 50 SQUARE FEET PER PERSON, UH, OCCUPYING THAT ROOM.

THERE'S ALSO AN ADDITIONAL, UM, REQUIREMENT FOR LIVING AND DINING BASED ON THE SQUARE FOOTAGE OF THE ENTIRE HOUSE.

OKAY.

SO IF I HAVE A BEDROOM, DON'T KNOW WHAT THE SQUARE FOOTAGE OF IT, BUT IF I HAVE A BEDROOM AND I DECIDE THAT USUALLY THERE'S JUST TWO BEDS IN THERE, BUT I PUT BUNK BEDS, NOW I HAVE FOUR.

UM, AND THEN I DO THAT IN EVERY SINGLE BEDROOM THAT I HAVE.

UH, AND THEN I TAKE THE GAME ROOM AND I ADD IN TWO MORE SETS OF BUNK BEDS IN THERE, AND ALL OF A SUDDEN HAVE SLEEPING ACCOMMODATIONS FOR 40.

UM, IS THE, IS THAT OVER OR UNDER A MAXIMUM? IT DEPENDS ON EACH SPECIFIC SITUATION.

[00:20:01]

UH, WE'VE GOTTA LOOK AT THE PROPERTY.

UM, WE'VE GOTTA LOOK AT THE NUMBER OF PEOPLE THAT ARE ALLOWED TO BE IN THERE, AND THEN WE'VE GOTTA LOOK AT, UH, WHE WHETHER THE ROOM IS ALLOWED TO BE A SLEEPING ROOM OR NOT A SLEEPING ROOM.

UM, THERE ARE SITUATIONS WHERE ADDITIONAL ROOMS CAN BE USED, UH, AS SLEEPING ROOMS, AND THERE'S SITUATIONS, OTHER SITUATIONS WHERE THEY'RE NOT PERMITTED TO BE BASED ON THE, THE REQUIREMENT FOR LIVING IN DINING AREAS.

OKAY.

AND THEN THE OTHER QUESTION THAT I HAD WAS REALLY, UM, IT APPEARS TO ME, UM, THAT IF I SEE A LONGER TERM, UM, RENTAL OF A PROPERTY, A LEASED PROPERTY OF SOME SORT, THERE MIGHT BE TWO, MAYBE THREE CARS, THERE SEEMS TO ME THAT ONE OF THE ONLY ISSUES THAT I'VE SEEN IS PARKING.

THAT SEEMS TO BE A, A SIGNIFICANT NUISANCE.

UM, AND SO IF I HAVE A HOUSE THAT I'M GOING TO THROW A FUNCTION AT AND INVITE 200 OF MY FAVORITE FRIENDS, AND THEY DECIDE TO BUY, THEY DECIDE TO INVITE ANOTHER HUNDRED OF THEIR FAVORITE FRIENDS, UM, ALL OF A SUDDEN I HAVE CARS LINED DOWN EVERY BLOCK AROUND THE HOUSE.

UM, I'M WONDERING, IS THERE A MAXIMUM NUMBER OF PEOPLE THAT CAN BE IN A HOUSE FOR A FUNCTION? NOT CURRENTLY FROM THE ZONES AS I KNOW IT.

OKAY.

THANK YOU.

ALL RIGHT.

THANK YOU.

I'LL OPEN THE PUBLIC HEARING.

WE, UH, WE HAVE QUITE A FEW SPEAKERS AND, AND SO, UH, I WILL, UH, LIMIT IT TO TWO MINUTES PER SPEAKER, UH, IF, IF YOU WILL.

SO IF YOU DON'T MIND, LET'S, UH, LET'S HEAR FROM OUR SPEAKERS.

THE FIRST SPEAKER IS BILL FRANCE, AND HE WILL BE FOLLOWED BY LYNN MCCLEON, MAYOR MONS, MEMBERS OF THE CITY COUNCIL, AND MEMBERS OF THE PLANNING AND ZONING COMMISSION.

GOOD AFTERNOON.

MY NAME IS BILL FRANCE, AND AS A 26 YEAR RESIDENT OF PLANO, I'M HERE ONCE AGAIN TO SPEAK ON BEHALF OF MY NEIGHBORS IN THE PLANO, TEXAS NEIGHBORHOOD COALITION.

WE ARE HERE TO REAFFIRM OUR STRONG OPPOSITION TO THE PRESENCE AND PROLIFERATION OF SHORT-TERM RENTALS IN OUR RESIDENTIAL NEIGHBORHOODS.

AT THIS TIME, I ASK ALL OF OUR SUPPORTERS TO PLEASE STAND.

TODAY IS A HISTORIC MOMENT.

WE ARE UNITED AND ARE RESOLVED TO ADDRESS THIS ISSUE THROUGH YOUR ACTIONS TODAY, YOU WILL DEMONSTRATE HOW EFFECTIVE GOVERNMENT WORKS.

FOR 150 YEARS, WE HAVE BUILT A LEGACY AS A CITY OF EXCELLENCE, BUT FOR THE PAST YEAR, WE HAVE SEEN NOT ONLY THE CONTINUAL DISRUPTION AND HARASSMENT OF OUR RESIDENTS AND NEIGHBORS, BUT THE OPERATION OF A SEX TRAFFICKING HOUSE, 30 BULLETS SHATTERING A NEIGHBORHOOD AND PIERCING A CHILD'S WINDOW.

AND ON MARCH 2ND, THE INDICTMENT OF A CHILD PORNOGRAPHY RING IN A SHORT-TERM RENTAL RIGHT HERE IN PLANO.

TODAY, WE SAY, TOGETHER ENOUGH IS ENOUGH.

THROUGH THESE TWO ORDINANCES YOU HAVE PROVIDED US WITH WHAT WE BELIEVE CAN BE THE BEGINNING OF AN EFFECTIVE MECHANISM TO ADDRESS OUR CONCERNS.

IT IS NOW YOUR SOLEMN DUTY TO VOTE YES AND PASS THESE IMPORTANT MEASURES WITHOUT DELAY, 150 YEARS FROM NOW, 20 SECONDS, LET THIS BE KNOWN AS THE DAY WHERE YOU TOOK A STAND AND DID THE RIGHT THING, BECAUSE YOUR ACTIONS BY VOTING YES, ARE A WIN FOR OUR CITY, A WIN FOR OUR RESIDENTS, AND A WIN FOR OUR FUTURE.

THANK YOU FOR YOUR TIME AND DEDICATED COMMITMENT TO OUR CITIZENS.

THAT'S A HARD ACT TO FOLLOW.

UM, SO GOOD AFTERNOON.

I'M LYNN MCCLEAN.

I LIVE AT 40 21 ELM HILL DRIVE IN PLANO.

FIRST I'D LIKE TO, UM, THANK SHELBY, WHO I TALKED TO FOR AN EXCRUCIATING AMOUNT OF TIME TWO WEEKS AGO AT THE CARPENTER REC CENTER.

SO I APPRECIATE YOU TAKING THE TIME TO TALK TO ME.

UM, I'M HERE THIS AFTERNOON TO ASK THE CITY COUNCIL TO PLEASE VOTE IN SUPPORT OF THE TWO AMENDMENTS TO THE CITY OF PLANO ORDINANCES CONCERNING SHORT-TERM RENTALS, I HAVE BEEN A SINGLE FAMILY HOMEOWNER FOR 27 YEARS IN PLANO.

I LIVE NORTH OF CARPENTER PARK AT COIT AND DENIM WAY IN THE DISTINCT NEIGHBORHOOD OF SMALL HOUSES WITH WHITE PICKET FENCES, A LOT OF BIG TREES AND

[00:25:01]

OUR OWN PRIVATE NEIGHBORHOOD PARK WITH A GAZEBO.

IT IS A DEFINITELY A DISTINCT NEIGHBORHOOD, NOT JUST A BUNCH OF HOUSES.

I MOVED TO PLANO BECAUSE I WANTED A SENSE OF NEIGHBORHOOD AND TO FEEL SAFE.

I LOVE LIVING IN PLANO.

I LOVE MY NEIGHBORHOOD.

SO AFTER LIVING IN THE SAME HOUSE IN THE SAME NEIGHBORHOOD FOR 27 YEARS AND KNOWING ALMOST ALL OF MY NEIGHBORS, I WAS SHOCKED TO FIND OUT THAT WE HAVE A NEW SHORT-TERM RENTAL, JUST THREE HOUSES FROM ME.

SOMEONE STAYING IN SHORT-TERM RENTAL DOES NOT BECOME PART OF THE NEIGHBORHOOD, OR ARE THEY INTERESTED IN THE UPKEEP OF THE COMMUNITY? THEY ARE TRAINED SECONDS.

JUST LIKE SOMEONE STAYING IN A HOTEL, PLEASE DO NOT TURN MY NEIGHBORHOOD INTO JUST A BUNCH OF STRANGERS WHO COME AND GO LIKE A HOTEL.

THAT IS NOT WHY I MOVED TO PLANO.

A SHORT-TERM RENTAL IS JUST A HOUSE.

IT'S NOT A HOME, IT'S A BUSINESS.

AND THEY HAVE NO BUSINESS BEING IN A SINGLE FAMILY RESIDENTIAL NEIGHBORHOOD.

SO, IN CONCLUSION, I RESPECTFULLY ASK EACH OF YOU, PLEASE DO NOT PUT THE INTEREST OF SHORT-TERM RENTAL OWNERS WHO SEE A HOUSE AS JUST AN INCOME STREAM AND MAY NOT EVEN LIVE IN PLANO OR THE STATE OF TEXAS.

OVER THE INTERESTS OF YOUR PLANO CONSTITUENTS WHO VOTED FOR YOU TO REPRESENT US, PLEASE VOTE TODAY IN SUPPORT OF THE REGISTRATION OF SHORT-TERM RENTALS WITH ENFORCEMENT PENALTIES, AND FOR THE INTERIM BAN ON NEW SHORT-TERM RENTALS.

THANK YOU.

THANK YOU.

THE NEXT SPEAKER IS SUZANNE PAPAS, FOLLOWED BY CATHERINE PARKER, MAYOR MUN CITY COUNCIL MEMBERS, I'M SUZANNE PAPPAS, A 23 3 YEAR RESIDENT OF PLANO, AND A PROPERTY OWNER AND A SINGLE FAMILY RESIDENTIAL NEIGHBORHOOD.

OUR NEIGHBORHOOD IS A PLATINUM LEVEL BEST NEIGHBORHOOD.

I'M HERE ONCE AGAIN TO ASK FOR YOUR HELP.

AS YOU KNOW, WE THE TEXAS NEIGHBORHOOD COALITION.

WE'VE BEEN COMING HERE WEEK AFTER WEEK, MONTH AFTER MONTH, PLEADING FOR HELP AND PRESERVING THE CHARACTER OF OUR NEIGHBORHOODS IN OUR CITY.

WE ALL KNOW THE SEVERITY OF THE T R SITUATION THAT IS GROWING BY THE DAY.

EVERY MOMENT WE HESITATE IS ANOTHER OPPORTUNITY FOR A POP-UP BROTHEL.

A SHOOTING THROUGH A THREE-YEAR-OLD'S PLAYROOM, ANOTHER WEEKEND OF NEIGHBORS DREADING WHAT THEY MIGHT BE DEALING WITH, DEPENDING ON WHO SHOWS UP TO THE SDR THAT WEEKEND.

IF YOU DON'T HAVE ONE NEXT DOOR, JUST WAIT BECAUSE YOU WILL, UNLESS SOMETHING CHANGES.

WE HAVE ONE IN OUR PLATINUM LEVEL BEST NEIGHBORHOOD.

THIS IS NOT WHAT WE ENVISIONED WHEN WE CHOSE TO MAKE PLAN OUR HOME.

IT CERTAINLY DOESN'T ALIGN WITH THE SAFE, QUIET NEIGHBORHOODS WE PAY TAXES FOR.

WE HAVE INVESTED HEAVILY IN OUR HOMES AND COMMUNITIES, AND WE SHOULD NOT HAVE TO RISK THE DEMISE OF OUR NEIGHBORHOODS, THE LOSS OF OUR COMMUNITY, AND THE POTENTIAL IMPACT TO PROPERTY VALUES.

WE ARE GRATEFUL THAT YOU HAVE DONE YOUR DUE DILIGENCE, THAT YOU'VE LISTENED TO OUR CONCERNS AND OUR SUGGESTIONS THIS PAST YEAR.

TONIGHT, YOU ARE CONSIDERING THE IMPLEMENTATION OF INTERIM BAN AND AN APPLICATION PROCESS FOR REGISTRATION OF EXISTING STR.

THE URGENCY OF THIS ISSUE CANNOT BE OVERSTATED.

I URGE YOU TO VOTE IN FAVOR OF THIS INTERIM BAN TO PRESERVE THE SAFETY AND CHARACTER OF OUR NEIGHBORHOODS AND OUR CITY OF EXCELLENCE.

THANK YOU, MAYOR MEN'S CITY COUNCIL PLANNING AND ZONING.

I'M KATHERINE Q. PARKER.

MY HUSBAND AND I HAVE LIVED IN PLANO FOR NINE YEARS.

I CAME TO CITY COUNCIL A YEAR AGO AND ASKED THE CITY TO SAVE MY NEIGHBORHOOD FROM SHORT-TERM RENTALS.

SINCE THEN, THERE'S BEEN A, HAS AND CONTINUES TO BE A GROUND SWELL OF PLANO RESIDENTS WHO DO NOT WANT SHORT-TERM RENTALS IN OUR NEIGHBORHOODS.

WE'VE BECOME THE PLANO CHAPTER OF THE TEXAS NEIGHBORHOOD COALITION, AND OUR ONE GOAL FOR THIS YEAR HAS BEEN TO SAVE OUR RESIDENTIAL NEIGHBORHOODS.

THANK YOU FOR LISTENING TO US.

[00:30:02]

THANK YOU FOR DOING THE HARD WORK TO DRAFT THIS ORDINANCE.

IT IS A HUGE STEP IN THE RIGHT DIRECTION.

THE TIME IS NOW TO PASS THIS BAN, AND SO I WILL ASK YOU ONCE AGAIN, PLEASE SAVE MY NEIGHBORHOOD.

SAVE ALL PLANO NEIGHBORHOODS.

VOTE YES ON THIS ORDINANCE TO BAN SHORT-TERM RENTALS.

THANK YOU.

THE NEXT SPEAKER IS STEVEN CIAOS, FOLLOWED BY BILL BAKER.

GOOD EVENING, MAYOR MUN CITY COUNCIL AND P N Z MEMBERS AND STAFF.

MY NAME IS STEVEN KIKOS AND I'M A 20 YEAR RESIDENT OF PLANO.

I'D LIKE TO COMMEND YOU ON YOUR DECISION TO HOLD THIS SPECIAL JOINT SESSION TO EXPEDITE THE REGULATION OF SHORT TERM RENTALS.

YOUR DILIGENCE IN SPENDING OUR TAX DOLLARS WISELY TO GATHER DATA STUDY THE ISSUES IN HIGHER MARKETING FIRM TO ORGANIZE PUBLIC ACTIVITIES, HAS CULMINATED IN THE DEVELOPMENT OF ORDINANCES THAT CLOSELY MODEL THE ARLINGTON MODEL, WHICH WE, WHICH IS THE AGREED UPON APPROACH.

THANK YOU FOR LISTENING TO THE TEXAS NEIGHBORHOOD COALITION PLANO CHAPTER AND TAKING A STAND AGAINST PROSTITUTION RINGS, PARTY HOUSES, SHOOTINGS, AND ALL THE OTHER BAD ACTORS WHO HAVE INFILTRATED OUR CITY OF EXCELLENCE THROUGH THE UNREGULATED OPERATION OF STR.

THE STATE HAS BEEN PARTICULARLY ANTI NEIGHBORHOOD AND FRANKLY, QUITE INVASIVE OF LOCAL RULE IN THIS YEAR'S SESSION.

SO THANK YOU FOR MOVING FORWARD, DOING THE WORK YOU WERE ELECTED TO DO, FOCUSING ON LOCAL POLITICS IN RESOLVING LOCAL ISSUES.

FINALLY, THANK YOU FOR LETTING FACTS AND NOT FEAR DERIVE YOUR DECISION MAKING IN CREATING AND PASSING THESE ORDINANCES, IMPOSING AN INTERIM BAN AND AN APPLICATION PROCESS ON SHORT-TERM RENTALS.

THANK YOU FOR PUTTING YOUR CITIZENS BEFORE PROPHETS AND POLITICS.

MAYOR MUNGE, CITY COUNCIL MEMBERS OF P AND Z.

MY NAME IS BILL BAKER, AND MY WIFE AND I MOVED HERE FOR THE FIRST TIME IN 1981.

WE'VE COME HERE TO ASK TO BAN SHORT TERM RENTALS FOR OVER A YEAR.

WE WANT OUR NEIGHBORS BACK, OUR NEIGHBORHOODS BACK.

WE WANT THEM TO BE WHAT THEY WERE MEANT TO BE, JUST NEIGHBORHOODS.

YOU HAVE COME A LONG WAY.

YOU HAVE LISTENED TO THE COALITION MEMBERS, AND I WISH TO THANK YOU FOR ALL YOUR HARD WORK.

I REALIZE SHORT-TERM RENTALS HAS NOT BEEN THE ONLY ITEM ON YOUR AGENDAS.

I SUPPORT THE TEMPORARY BAND OF SHORT-TERM RENTALS AND HOPE YOU APPROVE IT TODAY.

TODAY COULD BE HISTORIC, DO THE RIGHT THING.

THANK YOU.

THE NEXT SPEAKER IS MARLA KIKOS, FOLLOWED BY MARK PULL.

GOOD EVENING, MAYOR MUNZ, CITY COUNCIL MEMBERS, MEMBERS OF P AND Z AND THE CITY STAFF.

UM, I'M MARLA CAROS.

I HAVE LIVED IN PLANO FOR 40 YEARS, 30 YEARS IN THE SAME HOUSE, WHICH I PURCHASED BECAUSE I BOUGHT INTO THE DREAM OF THE CITY OF EXCELLENCE.

I WANTED TO RAISE MY FAMILY HERE, LIVE HERE, AND RETIRE HERE.

BUT I HAVE NEVER HAD AN ISSUE THREATEN MY SAFETY OR MY INVESTMENT OR MY QUALITY OF LIFE UNTIL SHORT TERM RENTALS APPEARED.

WE'VE COME TO CITY COUNCIL FOR OVER A YEAR NOW, ASKING FOR YOUR PROTECTION, AND WE THANK YOU FOR YOUR PATIENCE AND YOUR CONSIDERATION.

THE ORDINANCES CREATED BY YOU WILL GO A LONG WAY TO RESTORING THE QUALITY OF LIFE TO PLANO RESIDENTS.

WE THANK YOU FOR THE MANY HOURS THAT WENT INTO THIS PROJECT, AND FEEL THAT TO NOW.

TONIGHT IS THE TIME TO IMPLEMENT WHAT IS BEST FOR YOUR CITIZENS.

THANKS AGAIN FOR LISTENING AND UNDERSTANDING AND WORKING WITH US TO CREATE A MEANINGFUL SOLUTION.

AS YOU PASS THE ORDINANCES TONIGHT, KNOW THAT YOU HAVE RESTORED MY FAITH IN THE PUBLIC PROCESS.

THANK YOU.

THANK, UH, GOOD EVENING.

MY NAME IS MARK POOL.

YOU MIGHT LIVE AT 24 0 8 LONDON DRIVE.

BEEN A RESIDENT FOR 37 YEARS, 24 YEARS AT THE SAME HOUSE.

[00:35:01]

UM, SPEAKING IN FAVOR OF APPROVING THE PRO PROPOSED ORDINANCE REGARDING THE REGISTRATION.

UM, I THINK THE LANGUAGE OF THE PROPOSED ORDINANCE COVERS MOST OF WHAT NEEDS HAS BEEN RAISED BY THE CITIZENS OVER THE LAST TWO YEARS.

AND REALLY, THIS HAS BEEN A TOPIC THAT'S BEEN GOING ON FOR ABOUT, WHAT, FIVE YEARS NOW, SIX YEARS, SOMETHING LIKE THAT.

UM, I THINK THERE'S SOME ISSUES.

IT'S NOT PERFECT.

THERE'S SOME ISSUES THAT CLEARLY HAVE TO BE ADDRESSED.

UH, THE ORDINANCE GENTLEMEN OVER HERE POINTED OUT THERE'S NO RULES.

THERE ARE BASICALLY NO RULES ON HOW MANY PEOPLE CAN BE IN A HOUSE.

SO THE FOUR, THE FOUR BEDROOM STR R THAT'S DOWN THE STREET FROM US IS BEING ADVERTISED FOR 16 PLUS PEOPLE.

I MEAN, THAT JUST DOESN'T WORK.

HOW DOES THAT WORK WITH PARKING? HOW'S IT WORK WITH NOISE? HOW DOES IT WORK WITH FIRE SAFETY? HAS A FIRE MARSHAL BEEN CONSULTED? UM, I THINK THERE'S CLEARLY SOME ROOM FOR SOME IMPROVEMENTS IN THE ORDINANCES.

THE CITY ORDINANCES, IN MY EXPERIENCE, LACK TEETH AND THEY NEED TO BE ADDRESSED.

SO ANYWAY, I'M, I'M, ANYWAY, I THINK THIS ORDINANCE IS A GREAT FIRST STEP.

IT'S A BABY STEP, BUT IT'S A FIRST STEP.

I'M URGING THE COUNCIL TO APPROVE IT TONIGHT.

I DON'T LIKE WHAT'S UP THERE ON THE SCREEN ABOUT RECOMMENDATIONS TO DEFER ON SB S 9 29.

I BELIEVE THAT THAT CAN BE WORKED WITH, UH, THIS IS SPECIFICALLY ADDRESSING NON-CONFORMING USES.

UM, YOU KNOW, IF THEY DIE OUT, THEY DIE OUT, THAT'S FINE.

BUT, UH, YOU KNOW, YOU DON'T HAVE TO BASICALLY ZONE 'EM OUT OF EXISTENCE TOMORROW AND WRITE 'EM A CHECK.

YOU CAN LET 'EM DIE IN THE VINE.

SO I THINK THAT'S A GOOD WAY TO GO WITH IT.

I'M URGING THE COUNCIL TO MOVE IN AND IMPROVE IT TONIGHT.

JUNE, 10 SECONDS.

WAITING UNTIL JUNE 26TH.

UH, THIS ORDINANCE IS ONLY IN EFFECT FOR A YEAR.

RIGHT NOW.

THE PROPOSED ORDINANCE, UH, SHOULD ASSIST THE STAFF IN TIME.

I DO.

OKAY.

I'M SORRY.

UH, THANK YOU VERY MUCH FOR YOUR TIME.

I APPRECIATE IT.

THE NEXT SPEAKER IS BARBARA FRANCE, FOLLOWED BY MICHAEL SCHMIDT.

GOOD EVENING.

MY NAME IS BARBARA FRANCE AND I'VE LIVED IN PLANO FOR 25 YEARS.

TONIGHT, YOU'RE CONSIDERING THE IMPLEMENTATION OF AN INTERIM BAN ON NEW SHORT-TERM RENTALS AND AN APPLICATION PROCESS FOR EXISTING STR.

THE CREATION OF THESE ORDINANCES IS A MAJOR STEP FORWARD THAT WILL HAVE A POSITIVE IMPACT ON OUR CITY.

THIS IS THE RESULT OF MONTHS AND MONTHS OF DILIGENT RESEARCH, COLLABORATION AMONG COMMUNITY MEMBERS, LOCAL OFFICIALS AND EXPERTS.

AND I ESPECIALLY WANNA THANK LORI SCHWARTZ, CHRISTINA DAY, AND THE REST OF THE CITY STAFF, UM, FOR PUTTING TOGETHER THIS REALLY THOROUGH AND COMPLETE DOCUMENT.

UM, BUT I DO WANT TO POINT OUT, AS YOU'RE AWARE, THIS IS THE CURRENT LANDSCAPE OF SHORT-TERM RENTALS IN PLANO.

WANNA EMPHASIZE THE URGENCY OF THIS ISSUE.

EXISTING STR HAVE ALREADY CAUSED AND WILL CONTINUE TO CAUSE SIGNIFICANT PROBLEMS IN OUR COMMUNITIES.

IF WE DON'T TAKE ACTION NOW, IT WILL ONLY GROW AN INTERIM BAN WILL GIVE US TIME TO WORK TOWARDS A BETTER AND MORE SUSTAINABLE SOLUTION.

I URGE ALL OF YOU TO SUPPORT THESE ORDINANCES, TO PRESERVE THE CHARACTER OF OUR NEIGHBORHOODS AND PROTECT THE WELLBEING OF OUR COMMUNITIES, AND TO ENSURE THAT OUR NEIGHBORHOODS ARE SAFE, QUIET, AND ENJOYABLE PLACE TO LIVE.

THANK YOU, MICHAEL SCHMIDT.

WE WILL MOVE ON TO CINDY PATILLO, FOLLOWED BY GREG PATILLO.

GOOD EVENING.

MY NAME IS CINDY PATILLO.

I'VE LIVED IN THE SAME HOUSE IN PLANO FOR ALMOST 30 YEARS.

YOU'VE HEARD THIS EVENING ABOUT NUISANCE ISSUES AND SERIOUS CRIMINAL ACTIVITY RESULTING FROM SHORT-TERM RENTALS IN OUR NEIGHBORHOODS.

THEY ALSO REDUCE SCHOOL FUNDING, REDUCE REVENUE FOR MANY OF OUR LOCAL BUSINESSES, AND REDUCE THE SUPPLY OF AVAILABLE HOMES THAT SHOULD HOUSE NEIGHBORS.

WE ASK, THEREFORE, THAT YOU IMPLEMENT WHAT HAS BEEN PROPOSED.

WE WOULD LIKE A BAN ON CURRENT SHORT-TERM RENTALS AND REGULATIONS FOR EXISTING ONES AND ABOUT TIMING.

IT'S INTERESTING THAT SLIDE IS STILL UP.

YOU'VE HEARD ABOUT PENDING STATE LEGISLATION.

WHATEVER THE LEGISLATURE DECIDES, WE NEED FOR YOU TO GET AHEAD OF

[00:40:01]

THAT BEFORE THE GOVERNOR SIGNS A BILL INTO LAW THAT WOULD PREEMPT LOCAL ACTION.

IF YOU TABLE THIS VOTE, YOU ARE LETTING THE STATE DECIDE WHAT'S BEST FOR PLANO.

YOU CAN MAKE THAT DECISION AND THEN DEAL WITH WHATEVER THE STATE REQUIRES.

IF THAT BILL IS ACTUALLY SIGNED INTO LAW, THE IMPACT OF THAT DECISION AND THE TIMING OF THAT VOTE WILL BE FELT THROUGHOUT PLANO, LITERALLY FOR GENERATIONS TO COME AND MAY VERY WELL BE THE LEGACY OF THIS GROUP OF CITY LEADERS.

PLEASE VOTE YES ON THE NEW S T R BAN AND EXISTING S T R COMPLIANCE REQUIREMENTS.

THANK YOU.

GOOD AFTERNOON, MAYOR MUNZ, CITY COUNCIL AND PLANNING AND ZONING MEMBERS.

I'M GREG PATILLO, A PLANO RESIDENT FOR MORE THAN 29 YEARS IN IT'S MOST BASIC FORM, THE PROPOSED ORDINANCE REQUIRES PROPERTY OWNERS TO ACKNOWLEDGE THAT THEY'RE OPERATING A PROPERTY AS A SHORT-TERM RENTAL AND PAY A REGISTRATION FEE THAT WILL OFFSET THE COST OF THE CITY TO ENFORCE THE CODES AND ORDINANCES, AS WELL AS PAY FOR THE CALLS FOR SERVICES THAT THE NUISANCES AND PROBLEMS THAT SHORT-TERM RENTALS CAUSE AS NEEDED.

IT ALSO OFFERS NEARBY HOMEOWNERS RELIEF BY ESTABLISHING A PROCESS FOR REMOVING THE BAD ACTORS, WHICH I THINK EVERYONE HERE TODAY AGREES IS A REAL PROBLEM IN THE INDUSTRY.

YOU HAVE HEARD FROM SHORT-TERM RENTAL OWNERS AND OPERATORS, REAL ESTATE PROFESSIONALS, AND THE BOOKING PLATFORMS THAT THERE ARE ONLY A SMALL HANDFUL OF BAD ACTORS.

AN ORDINANCE THAT PROTECTS THE THOUSANDS OF PLANO HOMEOWNERS NEAR SHORT-TERM RENTALS.

WHILE LIMITING THE POTENTIAL HARM TO A SMALL HANDFUL OF BAD ACTORS WOULD SEEM TO BE AN EASY DECISION.

I'M ASKING YOU TO VOTE TO APPROVE THE PROPOSED ZONING CHANGES IN TEMPORARY SHORT-TERM RENTAL OWNERS.

THANK EVERYONE FOR THE WORK THAT HAS BEEN DONE TO DATE TO GET US TO THIS POINT AND FOR LISTENING AND CONTINUE TO WORK WITH THE CITIZENS OF PLANO ON A MORE PERMANENT SOLUTION.

THANK YOU.

THE LAST TWO SPEAKERS ARE COREY REICHER, FOLLOWED BY RICHARD SLAVA.

GOOD.

UH, EVENING COUNSEL, P AND Z MAYOR.

MY NAME'S CORY REINER.

UH, I'VE BEEN A RESIDENT OF PLANO FOR 13 YEARS AND A HOMEOWNER FOR 12.

UH, MY WIFE AND I HAVE HOSTED A SHORT-TERM RENTAL AT OUR PRIMARY RESIDENCE SINCE 2017.

UH, HOSTING A SHORT-TERM RENTAL HAS BEEN A CRITICAL PIECE OF OUR INCOME DURING THAT TIME.

IT HAS ENABLED US TO REINVEST IN OUR HOME WEATHER, FINANCIAL HARDSHIPS, AND SAVE FOR THE FUTURE.

HOSTING IS A REWARDING EXPERIENCE.

WE'VE MET GUESTS FROM ALL OVER THE US AND THE WORLD, UH, AND WE HAVE MADE DEAR FRIENDS TO PARAPHRASE A COMMENT MADE TO ME BY, UH, ONE OF THE FELLOW RESIDENTS AT A PREVIOUS MEETING.

THERE ARE NO BAD GUYS IN THIS DEBATE.

WE COULDN'T AGREE MORE.

WE WANT STRONG COMMUNITIES AND NEIGHBORHOODS AS MUCH AS ANYONE ELSE, POORLY RUN SHORT-TERM RENTALS OR A PROBLEM FOR EVERYONE.

THAT SAID, THE PROPOSED TEMPORARY BAN AND REGISTRATION REGIME DOES NOT APPEAR TO ME TO BE THE RIGHT SOLUTION.

THIS PROPOSAL IS BURDENSOME, INVASIVE, AND IT READS AS IF IT'S INTENDED TO PUNISH ALL SHORT-TERM RENTAL OWNERS AND OPERATORS, REGARDLESS OF HOW WELL THEY RUN THEIR SPACES, IT FAILS TO MAKE ANY DISTINCTION BETWEEN OWNER-OCCUPIED AND NON-OWNER OCCUPIED RENTALS.

WOULD SOMETHING THAT CI UH, CITIES SUCH AS AUSTIN DO, RECOGNIZING THE DIFFERENT RISKS BETWEEN RENTAL TYPES.

THE REQUIREMENT TO SUBMIT PHOTOGRAPHS OF ALL INTERIOR SPACES, UH, SEEMS INTRUSIVE, WHICH I GUESS IN MY HOUSE WOULD INCLUDE MY BEDROOM AND MY BATHROOM.

UH, WE USE THE ENFORCEMENT MECHANISM INVOLVING NUISANCE COMPLAINTS MAY BE SUBJECT TO ABUSE, AND THERE ARE NO PENALTIES FOR PARTIES MAKING FALSE ACCUSATIONS ABOUT A SHORT-TERM RENTAL.

AND THE REGISTRATION FEE AND ADDITIONAL INSURANCE MAY BE BURDENSOME TO SOME HOSTS.

COUNSEL SHOULD CONSIDER, SHOULD CAREFULLY CONSIDER HOW THIS ORDINANCE BALANCES THE INTEREST OF BOTH RESIDENTS AND RESPONSIBLE 20 SECONDS RENTAL OPERATORS HOST AN EQUITABLE MEASURE WOULD BALANCE, WOULD PROVIDE MECHANISMS TO SHUT DOWN PROBLEM LISTINGS WHILE LIMITING THE REGULATORY BURDEN ON THE VAST MAJORITY OF SHORT TERM RENTALS WHO OPERATE WITHOUT ANY COMPLAINTS.

I THINK THAT'S GOOD ENOUGH.

.

THANK Y'ALL.

RICHARD SLAVA.

THAT'S IT.

[00:45:04]

THE CITY COUNCIL WILL TAKE A BRIEF RECESS PLANNING AND ZONING COMMISSION.

WE'LL TAKE A BRIEF RECESS.

I'LL HAVE P AND C UH, SIT RIGHT OVER THERE.

RIGHT OVER HERE.

OKAY.

FOR THE PNC MEMBERS.

SO WE'LL JUST TAKE ABOUT A TWO MINUTE RECESS FOR THE P AND Z TO BE ABLE TO, TO MOVE OVER THERE.

SEE COUNCIL'S RECONVENED.

AN OPEN SESSION LE I, ITEM C COUN CITY COUNCIL.

CONSIDERATION OF AN ORDINANCE OF THE CITY OF PLANO, TEXAS AMENDING CHAPTER SIX BUILDINGS AND BUILDING REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF PLANO BY ADDING ARTICLE 24, REGISTRATION OF SHORT-TERM RENTAL PROPERTIES, PROVIDING FOR THE PROCEDURES OF THE REGISTRATION AND SELF INSPECTIONS OF SHORT-TERM RENTALS FOR OPERATION, PROVIDING FOR PROCEDURES FOR APPROVAL, DENIAL AND REVOCATION OF REGISTRATION OF SHORT-TERM RENTALS, AND PROVIDING A SEVERABILITY CLAUSE, A REPEAL CLAUSE, A SAVINGS CLAUSE, A PUBLICATION CLAUSE, AND AN EFFECTIVE DATE.

MARIN CITY COUNCIL, I WANTED TO CLARIFY FOR YOU A COMMENT THAT WAS MADE, UM, IN RELATION TO SENATE BILL 9 29 AND GETTING IN FRONT OF THE LAW, UM, GETTING IN FRONT OF THE LEGISLATION.

AS YOU KNOW, THIS SENATE BILL WAS PASSED BY A SUPER MAJORITY LAST WEEK.

SO IT GOES INTO EFFECT IMMEDIATELY UPON THE GOVERNOR'S SIGNATURE, AND IT IS AT HIS DESK RIGHT NOW.

ACCORDING TO OUR GOVERNMENT RELATIONS, PEOPLE IN OUR ORDINANCES DON'T GO INTO EFFECT UNTIL THEY'RE PUBLISHED TWICE, WHICH IS GONNA BE, I THINK ON MAY 15TH.

UM, AND SOME OF THE REQUIREMENTS IN THE NEW SENATE BILL 9 29, WHICH THE GOVERNOR IS EXPECTED TO SIGN, IS THAT WE ARE GONNA HAVE REQUIREMENTS THAT WENT INTO EFFECT AS OF FEBRUARY 1ST, 2023, THAT DEAL WITH THE TERMINATION OF NONCONFORMING USES.

AND THAT WILL BE ON THE DATE OF TERMINATION.

AND AS IT'S WRITTEN INTO THE REGISTRATION ORDINANCE, ANY TERMINATION WILL OCCUR IN THE FUTURE.

SO THAT BILL WILL APPLY TO US.

UM, AND WE DO NEED TO ADDRESS, BECAUSE IT HAS SPECIAL NOTICE AND COMPENSATION ISSUES THAT WE NEED TO EVALUATE.

IT WAS ONLY PASSED ON WEDNESDAY, AND SO WE STILL NEED SOME TIME TO LOOK AT THE DETAIL OF THAT AND BRING THAT BACK TO YOU TO ADVISE AND MAYBE TWEAK TO CONFORM.

SO WHAT WE HAVE TONIGHT IS THIS FIRST ITEM WHICH, UH, MS. HENDERSON, UH, JUST READ REGARDING, UH, THE ORDINANCE OF THE REGISTRATION.

IN A MINUTE, HOPEFULLY, UH, THE PLANNING AND ZONING COMMISSION WILL COME UP AND ADDRESS THE, UH, ZONING CASE THAT WE ALL, UH, HEARD FROM MS. DAY REGARDING THAT CASE.

SO IMMEDIATELY AFTER THAT, THEN THE COUNSEL WILL HEAR, UH, UH, WILL MAKE THAT, UH, DECISION BASED

[00:50:01]

ON THE P AND Z'S RECOMMENDATION.

SO OUR FIRST ITEM IS THIS ITEM, THE ORDINANCE IN REGARDS TO THE REGISTRATION.

SO, UH, WE HAVE, UH, A COUPLE OF OPTIONS THAT, UH, TO LOOK AT, AND I'D BE MORE THAN HAPPY TO START WITH, UH, YOU COUNCIL MEMBER ELLI AND, AND GO AROUND THE ROOM IF, IF THAT'S, IF THAT WORKS FOR EVERYBODY.

SURE.

I'M, I'M HAPPY TO LEAD OFF.

SO I WANNA FIRST THANK EVERYONE WHO SPOKE.

UM, AS I THINK, UH, EVERYONE HERE KNOWS, UH, TAKING MEANINGFUL ACTION ON THE SHORT-TERM RENTAL ISSUE IS EXTREMELY IMPORTANT TO ME.

UH, AND I'M VERY MUCH IN FAVOR OF, UH, DOING THIS ORDINANCE FOR, UH, REGISTRATION WITH REVOCATION.

UH, THAT BEING SAID, WITHOUT GETTING INTO THE SUBSTANCE OF WHAT WE DISCUSSED, WE'VE OBVIOUSLY JUST HAD A LONG DISCUSSION ABOUT, UH, THINGS THAT HAVE JUST CHANGED, UH, LEGISLATIVELY, THINGS THAT ARE IN FLUX.

UM, AND, UH, YOU KNOW, IT SEEMS TO ME THAT THE, THE TEMPORARY BAN IS THE MOST URGENT, THE MOST TIME SENSITIVE TO STOP THE PROLIFERATION OF SHORT-TERM RENTALS IN THE CITY OF PLANO.

UH, REGARDING THE REGISTRATION WITH REVOCATION, UM, THIS IS IMPORTANT.

I THINK WE NEED TO GET IT RIGHT, UH, AND WE'VE WAITED THIS LONG.

SO I THINK IF WAITING UNTIL NEXT MONTH TO MAKE SURE THAT WE GET THE REGISTRATION ORDINANCE WITH REVOCATION, RIGHT, UH, YOU KNOW, I, I I THINK THAT MAKES SENSE.

I WOULD NOT SUPPORT WAITING LONGER THAN THAT.

BUT GIVEN, UH, GIVEN HOW THINGS ARE CURRENTLY IN FLUX, I I THINK THAT'S A, A WISE DECISION ON THAT PIECE OF IT.

UH, UH, YOU KNOW, OBVIOUSLY I'LL SPEAK REGARDING THE TEMPORARY BAN LATER.

OKAY.

COUNCILMAN GRADY? WELL, UM, I SUPPORT, UM, EVERYONE'S FEELINGS HERE AND, UM, AND CERTAINLY CAN'T EMPATHIZE WITH HIM.

I DO HAVE A QUESTION, UM, ON THE BILL.

AND SO PAIGE, I'M GONNA ADDRESS IT TO YOU BECAUSE YOU WERE JUST ADDRESSING IT IN READING THE LEGISLATION.

UM, IT APPEARS TO ME THAT THE LEGISLATION ALSO SAYS THAT IF YOU HAVE, UH, ORDINANCES ON YOUR, IN, IN YOUR CODES, UM, AND THEY DON'T CONFORM WITH THE STATE LAW, THAT THEY WOULD BE RESCINDED BY THE PASSAGE OF 2127 OR 9 29.

I'M NOT, I DON'T RECALL THAT PART.

AND I CAN, I HAVE SOME ATTORNEYS HERE THAT CAN TAKE A LOOK AT THAT AND COME BACK TO IT.

OKAY.

BECAUSE I'M, UH, THE, THE FEELING THAT I GOT FROM THE READING OF THE BILL IS IF YOU HAD SOMETHING THAT THE STATE LAW WOULD NO LONGER SUPPORT BECAUSE IT'S IN CONFLICT WITH THE STATE ORDINANCES, THE THE ORDINANCES WITHIN THE CITY WOULD BE REMOVED.

WE'RE GONNA CHECK ON THAT AND I'M GONNA COME BACK TO IT.

OKAY, GOOD.

THANK YOU.

UM, SO WITH THAT, I'M, I'M GONNA PASS I SUPPORT, UM, GIVEN THE INFOR THE NEW INFORMATION, TABLING THIS TO THE JUNE 26TH.

OKAY.

26.

I'M SORRY, DEPUTY MAYER.

I DON'T KNOW.

I'M KIND OF CONFLICTED.

ON ONE HAND, I REALLY WANT, UM, UM, TO, TO HAVE THIS GO FORWARD.

BUT O ON THE OTHER HAND, I'M REALLY UPSET THAT, YOU KNOW, THE, THE STATE ACTUALLY BEAT US TO, TO THE PUNCH.

UM, I, I BELIEVE THAT, UM, WE, WE NEED TO HAVE SOME SORT OF CONTROL OVER OUR CITY'S, UM, OWN REGULATIONS IN OUR OWN, UM, DEVELOPMENT.

SO, UH, I, I WOULD AGREE WITH COUNCILMAN, UH, ELLI THAT IF WE ARE GOING TO TABLE THIS, THEN NO MORE THAN ONE MONTH.

THAT'S ALL I HAVE TO SAY.

SORRY, COUNCILMAN WILLIAMS. THANK YOU, MAYOR.

UM, I AM, UH, VERY MUCH AGAINST TABLING THIS FOR ONE, WELL, FOR SEVERAL REASONS.

ONE BIG OVERARCHING REASON IN SENATE BILL 9 29.

THERE ARE TWO PROVISIONS THAT ARE DATED.

IT DOESN'T MATTER WHETHER THE GOVERNOR ALREADY SIGNED THIS BILL OR SIGNS IT IN THE NEXT TWO MINUTES OR THE NEXT TWO WEEKS.

THE FIRST PROVISION REGARDING NOTICE ABOUT CHANGES OF NONCONFORMING USE TO PEOPLE WHO MAY NOT ALREADY BE ENGAGED IN THAT NONCONFORMING USE DOESN'T TAKE EFFECT UNTIL JUNE 1ST.

OUR ONE AND ONLY OPPORTUNITY TO OVERCOME THE APPLICABILITY OF THAT JUNE 1ST DATE IS BY PASSING THIS TONIGHT.

BECAUSE IF WE POSTPONE UNTIL AFTER JUNE 1ST, WHICH IS WHAT'S BEING DISCUSSED HERE BY TABLING,

[00:55:01]

THEN IF THIS BILL IS SIGNED AS I THINK WE ANTICIPATE, UM, THEN IT SOUNDS LIKE WE CANNOT, UM, WHEN WE PROPOSE SOMETHING ELSE UNDER THIS, WE'RE GOING TO HAVE TO FOLLOW THE NEW NOTICING REQUIREMENTS OF THE LEGISLATION.

THE ONLY WAY TO OVERCOME THAT IS BY PASSING IT TONIGHT REGARDING THE FEBRUARY 1ST DATE, WHICH APPLIES SPECIFICALLY TO, UH, TAKING ACTION TO REMOVE THE NON, THE EXISTING NON-CONFORMING USE OF EXISTING SHORT-TERM RENTAL.

DOESN'T MATTER WHEN THE GOVERNOR SIGNS THAT ANYWAY, IT'S STILL GOING TO BE APPLICABLE RETROACTIVE BACK TO FEBRUARY 1ST.

WHETHER WE PASS THIS TONIGHT OR AMEND IT LATER, WE'RE STILL GONNA HAVE TO DEAL WITH THAT.

SO I WOULD RATHER OVERCOME THE JUNE 1ST DATE TONIGHT BY PASSING THIS AND GET TO WORK IMMEDIATELY ON THE PROPOSED AMENDMENTS THAT WE WOULD NEED TO PUT INTO THIS AT THE VERY NEXT OPPORTUNITY FOR COUNSEL TO CONVENE ON THIS, MAKE THE AMENDMENTS, WHICH WE HAVE TO DO EVERY TIME STATE LAW IS PASSED, WHICH CHANGES WHAT WE HAVE TO DO.

I WANT CLARIFICATION.

I JUST WANT SOME CLARIFICATION.

OKAY.

SO FOR THE ZONING CASE, WHICH WE ARE NOT TALKING ABOUT RIGHT NOW, THAT IS THE PIECE WHERE WE'RE CR CREATING NONCONFORMING USES.

THAT IS FINE UNDER SENATE BILL 9 29 BECAUSE AS YOU STATED, THOSE RULES ABOUT NOTICE DO NOT GOING INTO EFFECT UNTIL JUNE 1ST.

BUT FOR PROVISIONS THAT POTENTIALLY STOP NONCONFORMING USES, WHICH ARE THE, UH, DROP DEAD DATES IS WHAT I CALL 'EM, YOU KNOW, THAT YOU HAVE TO BE REGISTERED BY NOVEMBER 30TH OR FOR REVOCATION OF PERMITS.

THAT IS A POTENTIAL STOPPING AND THAT IS SIGNIFICANT IN OUR ORDINANCE.

AND THAT WAS ALL DRAFTED PRIOR TO 9 29 BEING AN ISSUE.

AND SO FOR THOSE REASONS, WE WOULD LIKE MORE TIME TO FULLY ANALYZE THE IMPACT, CUZ IT'S NOT JUST NOTICES, IT'S ALSO COMPENSATION FORMULATIONS AND, UM, ALL OF THOSE ARE ALSO AT THE ELECTION OF THE OWNER.

SO THERE'S A LOT OF THINGS GOING ON WITH THE NEW LEGISLATION THAT IMPACT THE REGISTRATION ORDINANCE THAT WE NEED TO LOOK AT IN RESPONSE TO MR. GRADY'S ISSUE ON, I THINK YOU WERE TALKING ABOUT PREEMPTION.

YES.

YES.

THAT IS IN 21, 27, BUT WE DON'T SEE THAT LANGUAGE IN 9 29.

HOWEVER, IT DOES CREATE NEW RESPONSIBILITIES.

AND AGAIN, THE DATE THE LEGISLATION USES FOR STOPPING NONCONFORMING USES HAS ALREADY OCCURRED.

SO ONCE THE GOVERNOR SIGNS IT'S GOING TO DATE BACK TO THE FEBRUARY 1ST.

SO THOSE RESPONSIBILITIES ARE VERY IMPACTFUL, EVEN THOUGH IT'S, IT'S REALLY NEW ONES AND NOT A REALLY A, A PREEMPTION TYPE THING.

MM-HMM.

.

OKAY.

I'M, UM, I, I, I STILL RECOGNIZE THAT WHENEVER THE STATE PASSES A LAW THAT FORCES US TO CHANGE WHAT WE HAVE TO DO, WE HAVE TO GO BACK AND DO THAT ANYWAY.

BUT IS IT, ARE, ARE YOU SAYING THAT IN YOUR OPINION, THERE ARE NO PROVISIONS OF THE CURRENT REGISTRATION ORDINANCE THAT WE'RE CONSIDERING THAT WOULD BE APPLICABLE UNDER THE JUNE 1ST DATE OF SENATE BILL 9 29? YOUR HONOR.

YOUR HONOR, I'M SORRY.

UM, LET, CAN I THINK ABOUT THAT FOR A MINUTE? I WANT TO THINK ABOUT YOUR QUESTION.

SURE, SURE.

UM, I THINK THAT THE JUNE 1ST DATE IS APPLICABLE TO THE ZONING ORDINANCE BECAUSE THAT IS THE ORDINANCE THAT IS CREATING THE NONCONFORMITIES BECAUSE WE'RE IMPLEMENTING THE BAN.

RIGHT.

THAT WE DID NOT HAVE PRIOR TO THAT, WHICH CREATES NONCONFORMITIES, THE REGISTRATION IS JUST A WAY TO KEEP UP WITH WHO IS NON-CONFORMING.

SO IT'S TRACKING AND DATA COLLECTION, AND THEN IT'S ALSO POTENTIALLY STOPPING.

SO I DON'T THINK THE REGISTRATION ORDINANCE ITSELF CREATES THE NONCONFORMING, IT'S, IT'S THE ORDINANCE, WHICH IS THAT JUNE 1ST DATE.

OKAY.

SO DOES THAT MEAN YOU DON'T BELIEVE THERE ARE ANY PROVISIONS OF THE REGISTRATION ORDINANCE, WHICH WOULD RUN UP AGAINST THE JUNE 1ST DATE FOR THE CHANGE OF A NONCONFORMING USE? THE LANGUAGE SPECIFICALLY SAYS, UM, ON OR AFTER JUNE 1ST, 2023, THE GOVERNING BODY OR ZONING COMMISSION OF A MUNICIPALITY CONSIDERS A PROPOSED ADOPTION OF OR CHANGE TO A ZONING REGULATION OR BOUNDARY UNDER WHICH A CURRENT CONFORMING USE OF THE PROPERTY IS A NON-CONFORMING USE.

CAN I, CAN I HAVE SOME CLARIFICATION? UM, OKAY.

I JUST, IF THE, IF THE JUNE 1ST DATE IS COMPLETELY AND APPLICABLE TO THE REGULATION ORDINANCE, IT SAYS TO A ZONING REGULATION OR

[01:00:01]

BOUNDARY.

SO LET, LET ME, LET ME JUST WRAP MY HEAD AROUND.

SO AT THIS POINT, WHAT I THINK WHAT SHELBY IS SAYING AND, AND WHAT I'M HAVING CONFUSION IS THE, THE ZONING THAT WE ARE GOING TO BE DEALING WITH IS THE NEXT STEP.

THAT'S WHAT PLANNING AND ZONING, THAT'S ABOUT THE TEMPORARY BAN.

MM-HMM.

.

CORRECT.

THIS IS ONCE A TEMPORARY BAN IS EITHER APPROVED OR, OR DENIED, WHATEVER MM-HMM.

, THIS WOULD BE THE, UM, THE, THE PROCEDURE MM-HMM.

OF DOING WHILE THE TEMPORARY BAN IS IN PLACE.

RIGHT.

SO THE FACT THAT THIS IS DELAYED BY ONE MONTH DOES NOT AFFECT THE TEMPORARY BAN THAT WE'RE TRYING TO, UH, APPROVE OR DISAPPROVE TONIGHT.

DOES THAT MAKE THAT'S RIGHT.

DOES THAT QUESTION, IF YOU PASS IT TONIGHT, YOU DON'T HAVE TO WORRY ABOUT NUMBER ONE BECAUSE IT DOESN'T GO INTO EFFECT UNTIL JUNE 1ST.

OKAY.

SO YOU MEAN IF WE PASSED THE, THE INTERIM BAN TONIGHT? YES.

OKAY.

YES.

MM-HMM.

.

SO, BUT THIS SPECIFICALLY, THIS JUNE 1ST DATE RELATES TO A ZONING REGULATION AND THE REGISTRATION ORDINANCE IS NOT A ZONING, NOT REGULATION.

SO, SO YOU MEAN THE JUNE 1ST DATE IS ENTIRELY IN INAPPLICABLE TO THE REGISTRATION ORDINANCE, RIGHT.

IN YOUR OPINION? IS THAT WHAT YOU MEAN? YES.

SO I UNDERSTAND THAT APPLIES TO THE INTERIM BAN, BUT OKAY.

YES.

I JUST WANNA MAKE SURE IT RIGHT.

EXPLICITLY DOES NOT APPLY IN ANY WAY.

THAT'S MY OPINION.

YES.

OKAY.

AND I THINK WHAT I HEARD YOU SAY, DEPUTY MAYOR PROTE, WAS TO CONFIRM THAT IF THE REGISTRATION ORDINANCE IS TABLED TONIGHT, THAT DOES NOT PROCEDURALLY OR LEGALLY PREVENT US FROM PASSING THE INTERIM BAN TONIGHT.

THAT'S CORRECT.

OKAY.

WELL, I'M STILL NOT IN FAVOR OF PUNTING, BUT , GOD'S MEMBER HOMER, THANK YOU SO MUCH, COUNCIL MEMBER TWO FOR CLARIFYING THAT.

I UNDERSTAND SO MUCH BETTER NOW.

SO THANK YOU FOR THAT.

UM, WAS THAT SARCASTIC? NO, NO, I REALLY, I REALLY, I REALLY DID APPRECIATE THAT.

UM, YEAH, I THINK, I THINK WE ALL WANT THE, THE SAME THING HERE.

AND UM, YEAH, IF THE REGISTRATION, IF WE CAN DO AN INTERIM BAN AND GET THE REGISTRATION RIGHT, THEN I DON'T SEE WHY WE WOULDN'T WAIT AND TAKE, YOU KNOW, GIVE OUR INCREDIBLE AND TALENTED STAFF AN OPPORTUNITY TO, TO REALLY DO THEIR DUE DILIGENCE SO THAT WE CAN DO IT RIGHT THE FIRST TIME.

SO AGAIN, THANK YOU, COUNCIL MEMBER TWO, UM, I WOULD BE IN FAVOR NOW UNDERSTANDING THAT OF TABLING THAT AS WELL.

THANK YOU.

EVERYBODY MAY MY WHAT I HAVE TO SAY REALLY EASY.

I, I THINK IT'S EVIDENCE YOU'VE SEEN, ESPECIALLY NOW WITH SB 9 29 BEING THROWN INTO THE MIX.

THERE'S A LOT OF QUESTIONS, I'LL PUT IT BACK.

WE'VE BEEN DEALING WITH THIS FOR QUITE A WHILE BECAUSE WE WANT TO GET IT RIGHT.

WE HEAR WHAT YOU'RE SAYING.

WE WANT TO DO SOMETHING THAT'S GOING YES IT IS.

THAT'S TRUE.

WE'RE TALKING ABOUT IT.

THAT'S WHAT WE'RE SUPPOSED TO DO.

UM, WE WANT TO GET THIS RIGHT NOW.

WE HAVE ANOTHER WRINKLE IN THERE.

WE'VE WAITED THIS LONG, WE'VE COME THIS FAR, THIS PORTION OF IT, AS WE JUST TALKED ABOUT, IS NOT GONNA BE AFFECTED BY, YOU KNOW, THAT JUNE ONE DATE.

BUT IF WE WERE TO PASS SOMETHING TONIGHT THAT WOULD THEN ULTIMATELY BE IN CONFLICT OF THE STATE LEGISLATION.

WE HAVEN'T ACCOMPLISHED ANYTHING AND WE WANT TO ACCOMPLISH SOMETHING.

SO THE POINT OF WAITING, I WOULD BELIEVE THAT WE TABLE WOULD BE, SAY JUNE 26TH MEETING, LET LET EVERYTHING SETTLE DOWN.

WE KNOW THE GOVERNOR SIGNED IT.

UH, AND IF THE GOVERNOR SIGNS IT, IT'S, IT'S, UH, RETROACTIVE TO THE DATE THAT WAS PASSED BECAUSE IT WAS A SUPER MAJORITY IN BOTH, UH, BOTH THE HOUSE AND THE SENATE.

UH, SO I DON'T THINK WE HAVE ANYTHING TO LOSE BY WAITING ON THIS PORTION OF IT TO GET IT CORRECT BECAUSE THEN WE WILL KNOW AND CITY ATTORNEY, CORRECT ME, I'M WRONG, WE WILL KNOW WHAT THE STATE LEGISLATION IS AND WHAT THE POTENTIAL EFFECTS ARE GONNA BE AND WHAT WE HAVE TO, TO ABIDE BY.

AM I CORRECT IN THAT WE'LL HAVE TIME TO ANALYZE IT INTERNALLY AND MAKE SURE THAT OUR ORDINANCE, UM, DOESN'T HAVE ANY ISSUES RELATED TO THAT? OR IF THAT IT DOES, WE CAN TWEAK SOME OF THE LANGUAGE OKAY.

AND FULLY ADVISE COUNSEL ABOUT THE COMPENSATION PART, BECAUSE THAT'S A, THAT'S A FINANCIAL OBLIGATION.

CORRECT.

SO, LONG STORY SHORT, I THINK THE RIGHT THING YOU DO AS COUNCILMAN ELLI STARTED US OUT WITH WOULD BE TO TABLE THIS AGAIN TILL THE JUNE 26TH DATE, AT WHICH TIME WE SHOULD HAVE SOMETHING BROUGHT TO US THAT WILL BE COMPLIANT WITH ANY STATE REGULATIONS THAT ARE DIFFERENT THAN WHAT WE'RE DEALING WITH TODAY.

CUZ WE JUST DON'T KNOW.

SO I'D BE IN FAVOR OF THAT AS WELL.

YEAH, GREAT.

WELL, THANK YOU FOR THAT CLARIFICATION, BY THE WAY.

UM, I LIVE IN FEAR OF 2127, BUT YOU KNOW, EVERY CITY

[01:05:01]

ACROSS THE STATE OF TEXAS NEEDS TO LIVE IN FEAR OF IT.

UM, I DON'T, I WANTED A, UH, A CLARIFICATION FROM MY FRIEND HERE.

UM, YOU DID, DID YOU OR DID YOU NOT MAKE A MOTION? UH, I DID NOT MAKE A MOTION.

I CAN OR YOU CAN YOU, YOU, THANK YOU.

I JUST, I I JUST WANTED TO GET THAT CLARIFICATION.

IT SOUNDED TO ME AS WE WENT AROUND THE HORN HERE THAT, UM, THE FEELING IS, IS THAT LET'S MOVE THIS TO A FUTURE DATE AND GET THE, UM, GET ALL OF THE WORDING CORRECT IN IT.

UM, I'M REALLY NOT CRAZY ABOUT THAT AT ALL.

UM, AND SO WHAT I'M GOING TO DO IS SOMETHING THAT Y'ALL CAN VOTE AGAINST , UM, AND I'LL BE THE ONE THAT VOTES FOR IT.

AND THAT IS, I'M GOING TO MAKE A MOTION THAT WE, UM, PASS THIS ORDINANCE TONIGHT.

SECOND, THANK, UH, QUESTION FOR, UH, PAGE MAYOR.

UM, IF WE DO PASS THIS TONIGHT, GIVEN THE DATES INVOLVED HERE, WHICH DON'T EVEN REALLY TAKE EFFECT UNTIL AFTER OUR NEXT OPPORTUNITY ON JUNE 26TH, IS THERE ANY REASON WHY WE COULDN'T PASS THIS TONIGHT? STILL DO OUR HOMEWORK, STILL PROPOSE AMENDMENTS TO THIS ORDINANCE BASED ON SB 9 29 AND THEN PASS THOSE AMENDMENTS AT THE JUNE 26TH MEETING.

THANK, I THINK, UM, YOU, YOU, IT'S YOUR, YOU'RE THE COUNCIL PERSON.

IT'S YOUR PLEASURE.

WHAT , HOWEVER YOU WANT.

WE HAVE, WE HAVE A MOTION IN A SECOND, AND AGAIN, I WANT TO GET THIS RIGHT.

UM, IN, IN 30 DAYS FROM NOW, WE HAVE, UH, WE HAVE TIME TO ALLOW TO SEE WHAT THE GOVERNOR DOES AND WHAT THE LEGISLATURE DOES.

PLEASE, PLEASE.

SO WE HAVE A MOTION AND, AND A SECOND TO APPROVE THE, UH, ORDINANCE.

CORRECT.

RIGHT.

AND MAY, IF I MAY JUST GET A, A QUICK CLARIFICATION, BECAUSE THIS WAS THE BASIS FOR, FOR MY POSITION ON THE DISCUSSION ABOUT GETTING OUT AHEAD OF, OF, OF SOMETHING THERE.

THERE'S NO ADVANTAGE TO ACTING NOW VERSUS NEXT MONTH.

RIGHT.

I KNOW WE'VE HAD A LONG DISCUSSION.

THAT'S MY UNDERSTANDING, YOU KNOW, THAT'S CRITICAL OBVIOUSLY TO MY POSITION.

BUT THAT, THAT'S MY, MY UNDERSTANDING FROM OUR DISCUSSION.

WE, WE GAINED NOTHING BY ACTING TODAY.

IS THAT CORRECT? THAT, THAT WAS MY UNDERSTANDING TOO.

SO I WOULD LIKE CLARIFICATION.

OUR STAFF RECOMMENDATION IS TO TABLE IT SO WE CAN FULLY EVALUATE THE IMPACT OF THE BILL.

NO, TABLE TABLE TABLES.

I THINK OUR, OUR QUESTION, OUR QUE BOTH ANTHONY AND MY QUESTION IS SAYING IT, DOES IT IMPACT, UM, OUR, UH, GOING FORWARD IF WE WERE TO PASS IT TODAY VERSUS PASSING IT A MONTH FROM NOW, WHAT, WHAT IS THE DIFFERENCE? THAT'S, THAT'S WHAT WE'RE ASKING.

RIGHT? EXACTLY.

IF, IF IT MAKES NO DIFFERENCE OTHER THAN HAVING TO DO AN AMENDMENT MAYBE A MONTH FROM NOW, THEN IT MAY CHANGE OUR MIND WITH REGARD TO HOW WE VOTE.

THEN I NEED SOME CLARIFICATION AS WELL WITH NO, WE, I THINK, I THINK THE RECOMMENDATION FROM LEGAL WAS THAT THEY NEEDED 30 DAYS TO GET, GET MORE INFORMATION TO MAKE THAT, THAT, THAT IS THE CONSENSUS OF THE CITY MANAGER AND MYSELF.

PLEASE DISCUSSING, PLEASE.

IT'S A DON'T TALK STAFF RECOMMENDATION AND THE LEGAL ADVICE WAS GIVEN IN EXECUTIVE SESSION.

I, I THINK THAT IF YOU WANNA CONTINUE TO ASK LEGAL QUESTIONS, WE SHOULD BREAK AND GO BACK INTO EXECUTIVE SESSION.

OKAY.

ALL RIGHT.

WE'LL RECESS INTO EXECUTIVE SESSION.

THE CITY COUNCIL'S RECONVENED AN OPEN SESSION.

WE HAVE A MOTION AND A SECOND ON THE TABLE TO APPROVE THE, UH, ORDINANCE.

HAND HAND.

YOU WANT A HAND VOTE? OKAY.

ALL IN FAVOR? RAISE YOUR HAND.

ALL OPPOSE, RAISE YOUR HAND.

OKAY, MAYOR.

YES.

UH, I'D LIKE TO MAKE A, EXCUSE ME.

I'D LIKE TO MAKE A, UH, SECOND MOTION THAT, UH, WE TABLE THE REGULATION OR REGISTRATION

[01:10:02]

UNTIL JUNE 26TH, AT WHICH TIME WE SHOULD HAVE THE DATA TO KNOW WHAT THE STATE REGULATIONS ARE GONNA BE THAT WE MUST, MUST ABIDE BY.

I WILL SECOND THAT MOTION.

AND I, I'D LIKE TO JUST, UH, SAY A COUPLE OF WORDS GOING ALONG WITH THAT.

SECOND, UM, PLEASE TRUST ME, Y'ALL KNOW WHERE I STAND ON STR.

WE HAVE LOOKED AT THIS SEVEN WAYS TO SUNDAY, AND EVERYTHING THAT IS BEING DONE IS WITH AN EYE TOWARD MAKING SURE THAT WHAT WE DO CAN BE DEFENDED.

AND, UH, IN ANY EVENT, YOU KNOW