[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.
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.
[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.
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.
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.
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.
[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, 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.
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.
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.
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'VE HAD OVER 4,000 RESPONSES, UM, THAT WE'VE HAD A REALLY GOOD RESPONSE RATE.
UM, REGISTRATION FORMS FOR THE TASK FORCE ARE AVAILABLE THROUGH MAY 17TH, SO WE'RE ENCOURAGING PEOPLE TO SIGN UP AT THE WEBSITE.
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.
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.
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.
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 OH, APOLOGIZE FOR 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
VOTE YES ON THIS ORDINANCE TO BAN SHORT-TERM RENTALS.
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 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.
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.
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.
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.
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.
UH, THIS ORDINANCE IS ONLY IN EFFECT FOR A YEAR.
THE PROPOSED ORDINANCE, UH, SHOULD ASSIST THE STAFF IN TIME.
UH, THANK YOU VERY MUCH FOR YOUR TIME.
THE NEXT SPEAKER IS BARBARA FRANCE, FOLLOWED BY MICHAEL SCHMIDT.
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.
WE WILL MOVE ON TO CINDY PATILLO, FOLLOWED BY GREG 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.
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.
THE LAST TWO SPEAKERS ARE COREY REICHER, FOLLOWED BY RICHARD SLAVA.
UH, EVENING COUNSEL, P AND Z MAYOR.
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 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.
[00:45:04]
THE CITY COUNCIL WILL TAKE A BRIEF RECESS PLANNING AND ZONING COMMISSION.I'LL HAVE P AND C UH, SIT RIGHT OVER THERE.
SO WE'LL JUST TAKE ABOUT A TWO MINUTE RECESS FOR THE P AND Z TO BE ABLE TO, TO MOVE OVER THERE.
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.
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.
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.
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.
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.
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.
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 JUST WANT SOME CLARIFICATION.
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.
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.
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.
UM, LET, CAN I THINK ABOUT THAT FOR A MINUTE? I WANT TO THINK ABOUT YOUR QUESTION.
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.
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.
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.
THIS IS ONCE A TEMPORARY BAN IS EITHER APPROVED OR, OR DENIED, WHATEVER MM-HMM.
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 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.
SO YOU MEAN IF WE PASSED THE, THE INTERIM BAN TONIGHT? YES.
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.
I JUST WANNA MAKE SURE IT RIGHT.
EXPLICITLY DOES NOT APPLY IN ANY WAY.
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.
WELL, I'M STILL NOT IN FAVOR OF PUNTING, BUT
I UNDERSTAND SO MUCH BETTER NOW.
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.
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 WANT TO DO SOMETHING THAT'S GOING YES IT IS.
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.
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.
SO I'D BE IN FAVOR OF THAT AS WELL.
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
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.
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.
SO WE HAVE A MOTION AND, AND A SECOND TO APPROVE THE, UH, ORDINANCE.
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.
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.
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.
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.
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.
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.
ALL IN FAVOR? RAISE YOUR HAND.
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.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, HANG ON FOR THE, FOR THE SHORT TERM OR THE, UH, THE UH, UH, INTERIM BAND PIECE, BUT I JUST WANT Y'ALL TO KNOW THAT THAT'S, THAT THAT'S WHAT'S GOING ON HERE.
UM, I THINK WE ASSUMED THAT JUNE 26TH WAS THE EARLIEST THIS COULD BE BROUGHT BACK IF, UH, IF TABLED.
WAS THAT AN ASSUMPTION OR IS IT TRULY THE EARLIEST IT CAN BE BROUGHT BACK BECAUSE OF THE SIGNATURE DATE THAT THE, UH, UH, GOVERNOR HAS AS FAR AS BILLS AND THE ABILITY TO ASSESS THE ADDITIONAL, UM, POSSIBLE LEGISLATION THAT COULD IMPACT THIS? WE'VE RECOMMENDED THE 26TH THAT WE WOULD HAVE, UM, A FULL ACCOUNTING OF THE LEGISLATION THAT HAS BEEN SIGNED BY THE GOVERNOR OR WHAT HAS PASSED BY TIME WITH THE GOVERNOR.
I HAVE A MOTION AND A SECOND TO TABLE.
UH, THE, UH, ORDINANCE ITEM ONE IS THAT WHAT IT IS UNTIL JUNE 26TH.
YOU WANT A HAND VOTE AGAIN? ALL IN FAVOR? RAISE YOUR HAND.
CITY COUNCIL WILL TAKE A BRIEF RE RECESS.
PINNING AND ZONING COMMISSION HAS CONVENED INTO OPEN SESSION.
AND YES, BEFORE ANYONE ASKS, IT FEELS A LITTLE ODD TO BE SETTING UP HERE LIKE THIS.
I THINK THEY LIKE IT DOWN THERE.
THEY DON'T WANT TO BE OVER THERE.
YOU'RE WE'RE TAKING ACTION GUYS.
COMMISSION CONSIDERATION OF ZONING, ZONING.
REQUEST TO AMEND SECTION 14.5 HUNDRED PROHIBITED USES OF ARTICLE 14 ALLOWED USES AND CLASSIFICATIONS OF THE ZONING ORDINANCE RELATING TO AN INTERIM BAN ON SHORT-TERM RENTALS.
PROJECT NUMBER 2023 DASH 0 0 4.
BEFORE WE GET STARTED, UM, I RECOGNIZE AND, AND THE CROWDS STAND A LITTLE BIT, SO I DON'T KNOW IF THAT'S A GOOD THING OR BAD THING.
UM, I I, I'M JUST GONNA SAY THIS IN, IN ALL MY TIME SITTING AT THE DIOCESE, NOT ONCE HAVE I HEARD OF A COUNCIL MEMBER OR COMMISSIONER CHANGING THEIR MIND ON A VOTE BECAUSE OF COMMENTS FROM THE AUDIENCE DURING DELIBERATION.
IF YOU WOULD PLEASE JUST KEEP IT TO A MINIMUM.
AT THE VERY LEAST, LET US HAVE OUR DIALOGUE.
IT MAY OR MAY NOT GO THE WAY YOU WANT IT TO, BUT I PROMISE YOU BOTH AT COUNCIL AND AT P AND Z, WE DO A LOT OF DELIBERATION.
WE DO A LOT OF RESEARCH, A LOT OF HOMEWORK, AND SOMETIMES THE END RESULT ISN'T WHAT YOU WANT TODAY, BUT IT MIGHT BE BETTER DOWN THE ROAD.
SO I'M GONNA START OFF WITH THAT.
UH, WE HAVE THE ITEM BEFORE US.
WE HAD THE PUBLIC HEARING EARLIER WITH ALL OF THE COMMENTS FROM THOSE PRESENT, MANY OF WHOM WE'VE HEARD FROM BEFORE.
I APPRECIATE YOUR PASSION AND CONTINUED PRESENCE IN THE CHAMBERS.
AND, UH, I'M GONNA OPEN IT UP TO, UH, MR. RATLIFF, AND THEN WE DON'T HAVE THE LITTLE THING, SO JUST RAISE YOUR HAND.
HE'S GOTTA TURN MY MIC ON, I THINK.
OH, AM I LIVE? HE'S GOTTA BE GONE.
UM, WE'VE HEARD A LOT OF DISCUSSION FROM THE STAFF ABOUT DIFFERENT BILLS THAT ARE GOING ON DOWN IN AUSTIN.
I KNOW WE'VE GOT ABOUT THREE WEEKS LEFT DOWN THERE.
AND, UM, SPEAKING FROM EXPERIENCE, THE LAST THREE WEEKS OF THE SESSION CAN BE UNPREDICTABLE.
UM, THINGS HAPPEN THAT NOBODY SEES COMING, AND A LOT OF TIMES IT'S BECAUSE SOMETHING HAS RISEN UP AT HOME THAT SOMEBODY FEELS LIKE THEY NEED TO ADDRESS FROM THE FLOOR IN AUSTIN.
SO ONE OF THE THINGS WE HAVEN'T TALKED ABOUT TONIGHT, THERE'S ANOTHER BILL OUT THERE THAT I THINK WE NEED TO BE VERY LEERY OF, UM, WHICH IS ACTUALLY A BRACKETED BILL PROHIBITING ANY SHORT TERM REGULATION IN THE CITY, BUT IT'S BRACKETED, PARTICULARLY ONE TOWN RIGHT NOW, BUT IT'S GONNA BE ON THE FLOOR.
AND MY EXPERIENCE TELLS ME THAT WE DON'T WANT TO BE PART OF THAT DISCUSSION.
AND MY FEAR IS THAT IF WE DO SOMETHING TONIGHT, WE VERY POSSIBLY COULD BE.
AND, UM, I THINK IT WOULD BE IMP IMPRUDENT OF US TO DO ANYTHING THAT MIGHT RISK PUTTING US AS PART OF THE DISCUSSION ON THE FLOOR OF THE TEXAS HOUSE ON A BILL THAT COMPLETELY BANS ANY REGULATION ON SHORT TERM RENTALS.
[01:15:01]
AND BECAUSE OF THAT, I AM WOE TO FAVOR DOING ANYTHING ON THIS TONIGHT UNTIL AFTER THE LEGISLATIVE SESSION IS OVER AND WE KNOW WHAT THEY'VE DONE OR NOT DONE, UM, AND AVOID THE POSSIBILITY OF BEING SINGLED OUT AS PART OF THE DISCUSSION.UM, WITH THAT SAID, UM, I KNOW EVERYBODY WANTS TO DO SOMETHING.
MY FEAR IS THAT DOING SOMETHING TONIGHT MAY ACTUALLY RESULT IN A WORSE OUTCOME THAN POSTPONING THIS ITEM AS WELL UNTIL JUNE THE 26TH.
AND SO AS A RESULT, UM, JUST IN THE INTEREST OF GETTING THE DISCUSSION GOING, I WOULD LIKE TO PUT A MOTION ON THE TABLE TO POSTPONE, UM, CONSIDERATION OF ZONING CASE 20 23 0 4 TO JUNE THE 26TH AS WELL.
UM, YOU'RE, YOU'RE MAKING A MOTION TO TABLE TILL JUNE 26TH? YES, SIR.
WE CAN GET A SECOND IF WE WANT ONE OR WE CAN STILL HAVE DISCUSSION.
WE'RE NOT, WE'RE NOT SHUTTING ANYTHING OFF HERE, GUYS.
DOES ANYONE WANT TO SECOND THAT? WE NEED DISCUSSION.
WE WANT DISCUSSION BEFORE WE CAN GET A SECOND.
I WANT TO ASK THE ATTORNEY WHAT WOULD BE THE IMPLICATIONS OR THE CONSEQUENCES OF THE POSTPONEMENT TO JUNE THE 26TH.
AND BY THE WAY, JUNE 26TH IS A COUNCIL MEETING DATE.
I DON'T THINK IT'S A P Z MEETING DATE, BUT IT WOULD LIKELY MEAN ANOTHER JOINT SESSION.
ANYWAY, UM, IF IT'S POSTPONED TO JUNE 26TH, THAT MEANS THAT, UM, THE, THE START DATE FOR THE NONCONFORMING WOULD BE AFTER THAT ORDINANCE IS PUBLISHED, WHICH IT USUALLY TAKES ABOUT A WEEK OR 10 DAYS.
SO RIGHT NOW, IF WE PASS TONIGHT, THE NONCONFORMING NEW STATE WOULD START, I THINK AROUND MAY 15TH.
AND IF WE WAIT TILL JUNE 26TH, IT'S GONNA BE AFTER THE ORDINANCE IS PUBLISHED TWICE, WHICH IS GONNA BE THE 1ST OF JULY.
SO IT'S FIRST OF THE FIRST PART OF JULY.
UM, THE OTHER THING THAT WILL HAPPEN IS THAT THE NOTICE REQUIREMENTS FOR CREATING A ZONING REGULATION THAT CREATES NON-CONFORMING USES, WHICH WILL HAVE TO BE SENT CITYWIDE BECAUSE WE DON'T KNOW EXACTLY WHERE THE NON-CONFORMING USES ARE.
WE'LL HAVE TO COMPLY WITH THAT BECAUSE THOSE REQUIREMENTS IN 9 29, THE SENATE BILL START ON JUNE 1ST.
SO THOSE ARE THE TWO THINGS THAT WILL HAVE TO HAPPEN IS SENDING A CITYWIDE NOTICE, SOMETHING THAT IS FEASIBLE FOR THE CITY TO DO.
AND IT COSTS, I THINK CHRISTINA SAID ABOUT $15,000, AND WE'RE GOING TO NEED TO DO THAT ANYWAY FOR THE REGISTRATION BECAUSE OF THE WAY THE LANGUAGE IS WRITTEN.
AND SO WITH THE ADDITIONAL TIME, WE'RE GONNA DO THAT ANYWAY WITH THE REGISTRATION.
SO THE ONLY OTHER RISK WOULD BE THAT BETWEEN NOW AND JUNE 26TH, SOME FEW ADDITIONAL, UH, SHORT TERM RENTAL PROPERTIES MIGHT BE ESTABLISHED THAT WOULD BECOME NOR, UH, NON, UH, GRANDFATHERED NONCONFORMING USES.
UM, I WOULDN'T EXPECT A HECK OF A LOT OF THEM DURING THAT, THAT PERIOD OF TIME.
I MEAN, MIGHT THIS POSSIBLE? I MEAN, YOU KNOW, WE DON'T KNOW.
OTHER QUESTIONS? GO AHEAD, COMMISSIONER OLEY, YOU HAVE YOUR, I I CAN SEE YOUR MIC ON FROM HERE.
SO, UM, QUICK QUESTION, FOLLOW UP ON COMMISSIONER BRUNO'S QUESTION.
WE CURRENTLY DO NOT HAVE A PROCESS IN PLACE, IF ANY SHORT TERM RENTAL WAS TO COME ONLINE BETWEEN NOW AND JUNE 26TH.
ASSUMING WE TABLE THIS, UM, AM I CORRECT IN ASSUMING THAT ALL THE INDIVIDUAL NEED TO DO WILL BE, YOU KNOW, UTILIZE THE PLATFORM, AIRBNB, VR, WHATEVER IT IS, UM, AND THERE'S NO BARRIERS, SO TO SPEAK, IN PLACE TO STEM ANY LAST MINUTE ON THE, YOU KNOW, BEFORE THE DOOR SHUT RUSHED, SO TO SPEAK.
THE, IF THE ORDINANCE IS PASSED TONIGHT, IT WILL BECOME A PROHIBITED USE.
AND WE, YOU'RE CORRECT IN THAT WE DON'T HAVE A PROCESS IN PLACE TO START REGISTERING PEOPLE, AS YOU NOTED.
SO, BUT IF WE TABLE IT, UM, I GUESS WITHSTAND THE RISK OF, YOU KNOW, EVERYONE ALMOST KNOWING, ESSENTIALLY KNOWING THIS IS COMING DOWN THE PIKE AND THERE'D BE A FLOOD OF, IN ORDER TO ESSENTIALLY GET GRAND FATED IN, UM, BEFORE WE IMPLEMENT A SHORT TERM BRAND, IF WE TABLE IT, WE ESSENTIALLY OPEN UP A WINDOW OF ABOUT THREE WEEKS FOR NEW S STRS TO COME ON THE MARKET.
ANYTHING THAT, UH, UH, STARTS OPERATING BETWEEN NOW
[01:20:01]
AND WHENEVER YOU ADOPT A ZONING REGULATION, IF YOU EVER DO, THEN THAT WILL CONTINUE TO HAVE, THANK YOU.IT WILL CONTINUE TO BE UNREGULATED, AND WHEN WE ADOPT SOMETHING, IT WILL BECOME NONCONFORMING.
I'M GONNA GET TO YOU ONE SECOND.
I WANT TO CLARIFY WHAT HE ASKED.
JUST SO FOR EVERYONE IN HERE AS WELL AS ME, MAYBE PRIMARILY, SO IF WE TABLE IT, WE DON'T HAVE ANY WAY OF KNOWING WHAT CAME ONLINE BETWEEN NOW AND JUNE 26TH, OTHER THAN THEY SHOW UP ON AIRBNB OR B R B O, OR IF WE PASS THIS TONIGHT AND THE REG REGISTRATION DOESN'T GO IN PLACE UNTIL JUNE 26TH, WHAT'S TO PREVENT THEM FROM SAYING, WELL, WE WERE IN, WE OPERATED ALREADY.
I, I, I GUESS WHAT'S THE MECHANISM FOR KNOWING AND UNDERSTANDING THAT SOMEBODY WAS ALREADY IN OPERATION OR NOT IN OPERATION AS OF TODAY, IS WE DON'T HAVE A MECHANISM TO DO THAT.
RIGHT? SO I THINK ONE MECHANISM IS ARE THEY PAYING TAXES BECAUSE THE STATE LAW REQUIRES THAT.
SO THAT WOULD BE ONE CRITERIA, BUT THERE'LL BE OTHERS DEVELOPED BY ADMINISTRATIVE.
SO I'M GONNA LET MARK ADDRESS THAT.
UM, WE HAVE A TECHNOLOGY PLATFORM THAT WE'RE USING TO, TO GATHER THAT INFORMATION ON A DAILY BASIS, WHICH IS DECKER TECHNOLOGIES RIGHT NOW.
SO WE ARE ABLE TO SEE, UH, SPECIFICALLY WHICH ADDRESSES ARE REPORTING AND OUR ADVERTISING FOR USE, AS WELL AS, UM, WHICH, UH, ADDRESSES ARE BEING, UM, ACTUALLY RENTED AT, AT THIS TIME.
SO DATE SPECIFIC, WE ARE ABLE TO LOOK AT THAT, UM, THAT INFORMATION.
SO WE WOULD BE ABLE TO SEE HOW MANY COME ONLINE.
BUT THE, THE CHALLENGE FOR THIS PARTICULAR INDUSTRY IS IT'S A VERY POROUS, UH, MARKET.
THEY'RE ABLE TO ENTER AN EXIT, UM, AT WILL AT THIS POINT.
AND SO, UM, GATHERING THAT INFORMATION FOR WHEN THIS, UH, GOES INTO EFFECT IS POSSIBLE THROUGH THAT TECHNOLOGY, AND WE WOULD BE ABLE TO TRACK THAT INFORMATION.
UM, COMMISSIONER KERRY? YEAH, THANK YOU CHAIRMAN.
UM, YOU KNOW, UH, IN RESPECT WITH, UH, WHAT, UH, COMMISSIONER RATLEY SAID, UM, I, I CERTAINLY THINK THERE'S, THERE'S PROBABLY, UM, REASON TO GIVE THAT CONSIDERATION, BUT BECAUSE WE DON'T KNOW WHAT'S GONNA HAPPEN, IT'S JUST AS LIKELY THAT OTHER THINGS MIGHT HAPPEN THAT WE DON'T KNOW.
AND, YOU KNOW, ONE OF THE THINGS I THINK COMMISSIONER ALI HAS TALKED ABOUT HERE IS, IS THE RUSH TO REGISTER ONCE PEOPLE REALIZE WE TABLE THIS AND DON'T PASS IT.
AND, YOU KNOW, MAYBE THAT'S NOT VERY MANY, AS COMMISSIONER BRUNO SAID, OR, OR MAYBE IT'S MORE, AND I DON'T KNOW HOW MANY MORE, YOU KNOW, UM, I'M NOT GONNA GO BACK INTO ALL THE THINGS THESE CITIZENS HAVE TALKED ABOUT.
UM, AND OVER THE PAST MONTHS, I'VE HEARD A LOT, UM, FROM PEOPLE ABOUT THINGS THAT ARE HAPPENING.
AND SOME ARE ANNOYING AND SOME ARE EGREGIOUS.
AND I, I MYSELF FEEL LIKE IF WE DON'T MOVE THIS FORWARD, I'M GONNA FEEL VERY, VERY PERSONALLY RESPONSIBLE AND BAD IF SOMETHING HAPPENS THAT WE HAVE A CHANCE TO TRY TO GET IN FRONT OF WITH SOME OF THE THINGS THAT HAVE HAPPENED ALREADY.
AND, AND I, YOU KNOW, I PERSONALLY FEEL THAT, THAT WE HAVE A, THE DUTY TO DO THAT.
AND SO, YOU KNOW, WE'RE NOT COMPLETELY BANNING ANYTHING.
IT'S AN INNER INTENT AREA BAN.
WE'RE GONNA SORT THROUGH THINGS.
IT GIVES US A CHANCE TO TAKE A PAUSE AND SORT THROUGH, UM, THE OTHER THINGS THAT THE COUNCIL HAS ALREADY SAID, HEY, WE'RE PAUSING ON THAT.
SO THEY CAN SORT THROUGH THAT.
AND, UM, AND SO, YOU KNOW, I I PERSONALLY THINK THAT WE NEED TO DO THIS.
I THINK WE NEED TO LET OUR, RATHER THAN TABLE THIS RATHER THAN THIS COMMISSION TABLE THIS, I THINK IT'D BE WISE FOR US TO ALLOW THESE ELECTED OFFICIALS TO DO THEIR JOB.
AND RATHER THAN US STONEWALLED HERE, THAT WE LET THEM DO THEIR JOB AND THEY GET BACK UP HERE AND THEY MAKE THAT DECISION.
AND WE DON'T MAKE THAT DECISION BECAUSE I THINK IT'S A VERY IMPORTANT DECISION FOR THIS COMMUNITY.
AND I PERSONALLY DON'T WANNA STOP THEM FROM BEING ABLE TO COME BACK UP HERE.
AND IF THEY WANNA STOP IT, THAT'S WHAT THEY WERE ELECTED TO DO.
BUT I DON'T FEEL LIKE I WANT TO DO THAT.
SO THAT'S WHAT I HAVE TO SAY ABOUT THAT.
I TAKE OFFENSE TO THE IDEA THAT WE'RE STONEWALLING COMMISSIONER MR. BROSKY.
WELL, I, I DON'T RESPOND TO THAT.
UM, I DIDN'T SAY WE WERE, I SAID, I DON'T WANNA BE RESPONSIBLE FOR THAT.
SO, YOU KNOW, VERY WELL, THAT'S WHAT I SAID.
AND, YOU KNOW, SO I'M SORRY YOU'RE OFFENDED, BUT I, BUT IF WE STOP THIS, I, WE HAVE A JOB AS A COMMISSION APPOINTED BY THE COUNCIL TO LOOK AT THE ZONING ISSUES.
THAT'S NOT A STONEWALLING THAT'S DOING WHAT OUR JOB'S SUPPOSED TO BE.
SO AGAIN, I DON'T KNOW WHERE WE'RE HEADED WITH THIS, BUT I DON'T THINK WE SHOULD BE POINTING OURSELVES IN THAT KIND OF POSITION.
[01:25:03]
THANK YOU FOR YOUR, UH, THANK YOU FOR THAT.SO, UH, I HAVE A QUESTION FOR PAGE, UM, THE BEGINNING OF THE DEADLINE OR THE, UM, BEGINNING OF THE BAN, IS THERE STILL ROOM FOR PEOPLE THAT PURCHASE WITH INTENT TO OPERATE WITH THE ZONING ORDINANCE? NO.
WITH RESPECT TO WHAT HAS BEEN SAID, AND CERTAINLY FROM LISTENING TO A LOT OF THE CITIZENS, OUR ELECTED OFFICIALS, UM, I UNDERSTAND WHAT, UH, COMMISSIONER RATLIFF IS SAYING, UM, THE UNPREDICTABILITY OF THE LEGISLATURE.
UM, TO ME THAT UNPREDICTABILITY, UM, CAUSES ME TO ANSWER THE CHAIRMAN'S RESPONSE OF DOING WHAT OUR JOB IS TO DO.
AND I BELIEVE THAT IN TABLING THIS, UH, I WOULD NOT BE DOING MY JOB.
UM, BECAUSE I DO BELIEVE THAT GETTING THIS STARTED, UM, PUTTING THIS IN PLACE IS THE RIGHT THING TO DO.
UM, AND AS, UH, A PERSON TRUSTED BY THE CITY COUNCIL TO MAKE THESE DECISIONS, UH, I DON'T BELIEVE THAT, UH, BEING FEARFUL OF WHAT MIGHT HAPPEN IS THE RIGHT THING TO DO TODAY.
AND SO, UH, I AM IN FAVOR OF PASSING THIS ORDINANCE AS SUGGESTED AND RECOMMENDED BY OUR CITY STAFF.
UM, JUST TO BRING IT BACK, UM, TO MEMORIALIZE, UH, THE LENGTH OF THE BAN IS IF WE DO PASS IT, DO WE, I THINK YOU RAISED A GOOD QUESTION.
IS THERE A WAY FOR US TO GET THAT ACTUAL A, B, C, D BACK UP ON THE BOARD? THANK YOU.
BECAUSE THERE WAS A DATE ON THERE, WHICH WAS MAY SOMETHING OF 20 20, 24, MAY 15TH, 2024, MAY 15TH, I BELIEVE IT'S ON, THAT'S THE EFFECTIVE DATE OF THE ORDINANCE.
SO IT'S ONE YEAR FROM THE EFFECTIVE DATE, ONE YEAR FROM THE EFFECTIVE, ASSUMING IT GOES THROUGH US AND COUNCIL, IT'D BE ONE YEAR FROM THAT DATE.
UM, SECOND QUESTION, AND I DON'T KNOW IF, UH, WE CAN DO THIS, UM, BUT I BELIEVE, UH, COMMISSIONER RAT'S EXPERIENCE OBVIOUSLY IS VALID TO THIS BODY.
UM, WOULD, UH, MR. FORTUNE BE ABLE TO SPEAK TO, IN, IN, IN ANY MANNER, ADDRESS ANY, WHAT'S THE WORD I'M LOOKING FOR? CAN I JUMP IN? YES, PLEASE.
UM, I THINK IT WOULD, IT MIGHT BE BENEFICIAL TO GET HIS MIC IS OFF.
I, I, I WAS GONNA ASK THAT QUESTION TOO.
TO GET HOUSE BILL 31 69 IS ACTUALLY THE ONE I'M VERY, VERY CONCERNED ABOUT.
UM, IF, IF WE COULD GET THE STAFF TO PROVIDE US KIND OF AN OVERVIEW OF WHAT THAT BILL DOES, BECAUSE THAT IS THE ONE THAT I'M VERY CONCERNED, WE WOULD BE ADDED TO.
A FORMAL OVERVIEW OR A DEEP DIVE.
I'M NOT PREPARED TO PROVIDE THAT QUESTION TODAY.
I KNOW, I KNOW IT'S A SHORT TERM RENTAL, UM, BAN, BUT IT'S BRACKETED.
BUT, AND I UNDERSTAND, AND I'LL EXPLAIN THE BRACKETING IN A SECOND, BUT IF YOU CAN JUST TALK ABOUT WHAT EXACTLY THAT BILL IS TARGETING TO DO TO THAT PARTICULAR COMMUNITY.
SO IT'S LOOKING TO PREEMPT, UH, THE COMMUNITY'S ABILITY TO, UH, PUT IN SOME REGULATIONS FOR SHORT TERM RENTALS.
NOW, UH, THE SPECIFICS FOR THAT COMMUNITY, I, I'M NOT PREPARED TO PROVIDE YOU TONIGHT.
I'M HAPPY TO SEND THAT OUT, UH, SUPPLEMENTAL INFORMATION IF YOU'D LIKE.
UM, VALENTI, I BELIEVE IS THE CITY THAT IT'S TARGETED TOWARDS.
UM, JUST ON THE, ON THE COAST OF LAKE TRAVIS, UM, TEXAS MUNICIPAL LEAGUE, AS WELL AS, UH, CITY OF PLANO AND OTHERS HAVE BEEN CLOSELY WATCHING THAT BILL.
UM, I THINK IT MAY RUN INTO TROUBLE IF, IF THEY'RE GONNA TRY AND, AND EXPAND AT THIS POINT, BUT IT IS STILL POSSIBLE.
UM, AND SO WE ARE CLOSELY MONITORING THAT BILL.
UM, AND WITH ANYTHING THAT'S BRACKETED JUST TO A, A SMALL COMMUNITY, IT DOES RAISE CONCERNS FOR FUTURE LEGISLATION AS, AS YOU'RE AWARE, I MEAN,
[01:30:01]
ANOTHER SESSION, ET CETERA.SO, UM, AGAIN, A MORE DEEP DIVE, I'M, I'M HAPPY TO PROVIDE THAT IN SUPPLEMENTAL.
IS IT FAIR TO SAY THOUGH, THAT THAT BILL WOULD, IS, IS GOING TO PROHIBIT THAT COMMUNITY FROM DOING ANY REGULATION ON SHORT-TERM RENTALS? THE WAY I READ IT, THAT'S MY UNDERSTANDING AS WELL.
AGAIN, I'M NOT AN ATTORNEY, SO I, I WOULD NOT LIKE TO GET INTO THAT REALM, BUT, UH, THAT, THAT'S BEEN MY UNDERSTANDING FROM EVERY ANALYSIS I'VE HEARD SO FAR.
WOULD YOU MIND IF I ELABORATE IT ON THAT? JUST SO EVERYBODY UNDERSTANDS? SO THE WAY THAT LEGISLATION IS WRITTEN FOR PEOPLE THAT, THAT HAVEN'T WRITTEN A BRACKETED BILL, THEY CAN, YOU CAN WRITE A BILL WHERE IT'S TARGETED AT ONE PARTICULAR ENTITY, WHETHER IT'S A CITY, A COUNTY, WHATEVER, AND BY POPULATION LIMITS, BY, YOU KNOW, YOU DON'T HAVE TO SAY WHAT THE CITY'S NAME IS.
YOU WRITE IT IN SUCH A WAY THAT ONLY ONE CITY QUALIFIES.
IT IS NOT UNUSUAL FOR THAT TO BE AMENDED ON THE FLOOR OF THE HOUSE.
IT IS VERY COMMON FOR SOMEBODY TO SAY, I LIKE THAT.
I'M GONNA ADD X, Y, Z TO THAT BECAUSE, AND, AND PEOPLE WILL HANG ANOTHER CITY ON IT THAT THEY BELIEVE HAS OVERSTEPPED THEIR BOUNDS.
THESE LAWS THAT THEY'RE PASSING IN AUSTIN ARE DESIGNED TO TAKE OUR ABILITY TO REGULATE US AWAY FROM US.
AND, AND I'M VERY CONCERNED THAT IF WE RAISE OUR HAND AND SAY, WE DON'T CARE WHAT THE LEGISLATURE SAYS, WE'RE GONNA DO IT ANYWAY, IN THE LAST THREE WEEKS OF THE SESSION, WE POTENTIALLY BECOME A POSTER CHILD TO BE ADDED TO ONE OF THOSE BILLS, SPECIFICALLY THAT BILL.
AND, AND THEN WE WOULD LOSE ALL OPPORTUNITY TO EVEN HAVE THIS DISCUSSION ANYMORE.
AND THAT'S MY CONCERN, IS THAT WE ELIMINATE OUR CHANCE TO EVEN MAKE THIS DECISION.
WE, WE, WE CAN MAKE IT TONIGHT, OR WE CAN, WE MIGHT POTENTIALLY HAVE IT TAKEN AWAY FROM US COMPLETELY, IS MY CONCERN.
AND THAT'S WHY I JUST THINK IT'S PRUDENT TO WAIT UNTIL AFTER THE LEGISLATURE GOES HOME.
WE ELIMINATE THAT VARIABLE FROM THE EQUATION, AND THEN WE READDRESS THIS AFTER WE KNOW THAT, THAT THEY'RE NOT GONNA POTENTIALLY MAKE US A POSTER CHILD FOR SOMETHING THAT THEY THINK NEEDS TO BE DONE IN AUSTIN.
I, I APPRE FOR THOSE THAT DON'T KNOW, COMMISSIONER RATLIFF IS FORMER STATE REP, SO HE'S BEEN THERE, DONE THAT KIND OF THING.
I'D LIKE TO, UH, ASK THE STAFF TO BRING BACK THE OPTIONS WE HAD FROM THE BEGINNING.
MY QUESTION IS, ARE THOSE OPTIONS ARE STILL, UH, VALID TO US AFTER THE COUNCIL'S DECISION? YES, BECAUSE, UH, THESE, THIS IS ONLY ABOUT DEC DECISION ABOUT THE ZONING, RIGHT.
THE COUNCIL'S ACTION WAS RELATED TO THE REGISTRATION ORDINANCE.
SO IF WE WERE GOING TO PASS, LIKE THE SECOND OPTION TO APPROVE THE ZONING AS PROPOSED, WE STILL HAVE TO TABLE THE REGULATION, SORRY, REGISTRATION ORDINANCE, WHICH MEANS THEY, WE STILL CANNOT DO ANYTHING UNTIL THEY FIGURE OUT, UM, HOW WE CAN ALIGN OUR ORDINANCES WITH THE NEW LAW PASSED.
CORRECT? WELL, THE REGISTRATION ORDINANCE IS ONLY UNDER THE PURVIEW OF THE COUNCIL.
THEY'VE ALREADY TAKEN ACTION ON THAT.
SO REALLY THE DECISION BEFORE THIS BODY IS ONLY ON THE ZONING
RIGHT? SO IF WE PASSED TODAY, THE ORDINANCE MM-HMM.
THE REGISTRATION WON'T BE CONSIDERED UNTIL COUNCIL MEETS AGAIN ON JUNE 26TH TO DISCUSS THAT.
AND THE ONLY RESULTS OR CONSEQUENCE THAT WE WILL GET IF WE PASS TODAY WOULD MAKE ALL THESE EXISTING, UM, SHIR AND RENTAL HOMES NONCONFORM BECOME NONCONFORMANCE.
IT WOULD ADD THE DEFINITION TO THE ORDINANCE AND, UM, CLARIFY THAT THERE'S A TEMPORARY PROHIBITION, BUT THAT NON-CONFORMING USES, UM, AND THOSE WITH INVESTMENT BACKED EX EXPECTATIONS, UH, CAN RETAIN THAT NON-CONFORMING STATUS.
OH, NO, I THINK NOT INVESTMENT BACKED, BECAUSE THAT WAS PART OF THE REGISTRATION ORDINANCE, AND THIS REFERENCES THE NON-CONFORMITY.
IT, IT DOES STATE THAT FOR THE PURPOSES OF THIS SUBSECTION, NON-CONFORMING USES INCLUDED, INCLUDE THOSE WITH INVESTMENT BACK EXPECTATIONS.
SO THAT, THAT IS A DIFFERENT ANSWER TO YOUR QUESTION THEN.
UM, SO WHAT IT DOES IS WE'LL NOT ALLOW ANY NEW USES NEW USES.
IT WILL CREATE THE NONCONFORMING, BUT WILL BAN NEW, ANY NEW ONES.
[01:35:02]
UM, AND CHRISTINE, I KNOW YOU, YOU SAT DOWN, UH, MAYBE I CAN STAYWHAT'S THE, UH, THE MAGIC ABOUT MAY 15TH, 2024.
SO WE'RE, THIS ENTIRE SUBSECTIONS ONLY GOOD FOR A YEAR, THEN IT GOES AWAY.
WHAT HAPPENS? WHY ARE WE DOING IT FOR A YEAR? WHY NOT SIX MONTHS OR THREE MONTHS OR WHAT'S, WHAT'S THE MAGIC AROUND A YEAR AND THE MAGIC REALLY RELATE? OH, IT'S A TWO PART ANSWER TO YOUR QUESTION.
SO THE PURPOSE OF THIS IS TO GIVE US TIME TO DO THE PUBLIC OUTREACH, COLLECT THE DATA, ANALYZE THE INFORMATION TO DEVELOP THOSE PERMANENT RECOMMENDATIONS, UM, DUE TO THE COMMUNITY'S CONCERNS.
AND SO WE LOOKED AT THE GAP STRATEGIES PROCESS THAT WE'VE PUBLISHED, AND THAT'S A DEADLINE THAT WE THOUGHT WAS, UM, OKAY.
AND ALSO, UM, YOU KNOW, FIT WITHIN THAT TIMELINE.
UH, MR. LAW, WE HADN'T HEARD FROM YOU YET, SO I'LL LET YOU GO NEXT.
WE'VE HEARD FROM VICE CHAIR RATCLIFF ABOUT SOME OF HIS CONCERNS ABOUT BEING A POSTER CHILD, UH, KIND OF ON THE NEGATIVE SIDE OF THIS, BUT DO YOU SEE ANY POTENTIAL THAT OUR ACTION TONIGHT AND OUR LEADERSHIP TONIGHT COULD HAVE A POSITIVE INFLUENCE IN AUSTIN? LIKE, WE'RE CALLED TO LEAD ON LAND USE ISSUES IN OUR AREA.
AND SO BY DOING OUR JOB AND MAKING THAT RECOMMENDATION TO COUNCIL AND LETTING THEM DO THEIR JOB, WHAT IF, WHAT IF THEY SEE THAT AND DECIDE THAT, YOU KNOW WHAT, THIS IS A LOCAL ISSUE.
MY, MY PERSONAL READ ON THE SITUATION IS THAT IN AUSTIN, ALL THE MOMENTUM IS ABOUT REIGNING IN LOCAL GOVERNMENTS THIS SESSION.
AND THE ONLY BILLS THAT ARE LEFT ARE ONES THAT WOULD TAKE THAT AWAY FROM US.
UM, AND SO WHILE WE MIGHT WIN A FEW PEOPLE DOWN THERE, I THINK THE REALITY IS THAT THE ONLY VEHICLES LEFT ARE THE ONES THAT COULD HURT US, NOT THE ONES THAT CAN HELP US.
AND SO THAT'S MY CONCERN, IS THAT THERE'S NOT A, IN, IN, BASED ON WHAT I'VE SEEN ABOUT THE LEGISLATION THAT'S OUT THERE STILL PERCOLATING, THE ONLY THING LEFT ARE THE ONES THAT COULD TAKE THE, TAKE IT AWAY FROM US, AS OPPOSED TO THE ONES WHERE WE COULD SAY, YOU KNOW, PLANOS A LEADER, WE'RE GONNA FOLLOW THEM.
AND SO IF THE ONLY POSSIBILITY IS NEGATIVE, I DON'T SEE THAT IT OR NOTHING, WHICH IS THE TWO OPTIONS AT THIS POINT WITH THEY WOULD DO NOTHING TO HURT US OR THAT IT WOULD BE NEGATIVE.
UM, I'M JUST WOE TO TAKE THAT RISK AS MY PERSONAL FEELING.
I WOULD RATHER HELP THEM DO NOTHING THAN ENCOURAGE THEM TO DO SOMETHING AT THIS POINT.
AND IF, IF THEY'RE GONNA TAKE OUR AUTHORITY AWAY FROM US, DOESN'T IT STILL MAKE SENSE FOR US TO DO OUR JOBS TONIGHT AND LEAD AND LET, AND THEN SEND THIS ON TO COUNCIL? IF THEY'RE GONNA TAKE IT FROM US, THEY'RE GONNA TAKE IT FROM US ANYWAY.
SO WHAT'S THE DOWNSIDE TO US DOING OUR, WHAT I PERCEIVE AS OUR JOB, WHICH IS MAKING A RECOMMENDATION TO COUNCIL ON THIS LAND USE ISSUE, PROHIBITING IT.
UH, ONE THAT I PERSONALLY BELIEVE SHOULD HAVE BEEN PROHIBITED LONG AGO.
I MEAN, WE HEARD FROM THE AUDIENCE EARLIER, LIKE, TABLE, TABLE, TABLE.
AND SO THAT HITS HOME WITH ME.
IT'S LIKE, I WOULD RATHER ACT AND LEAD EVEN IF IT'S ULTIMATELY GONNA GET OVERTURNED THAN SIT HERE ON OUR HEELS AND GO, WELL, WHAT ARE THE, YOU KNOW, WHAT ARE THEY GONNA DO IN AUSTIN? YEAH.
AND I, I'M, I'M NOT, I'M GENERALLY ONE AFRAID OF TAKING THE RIGHT POSITION.
I AGREE WITH YOU FROM THAT PERSPECTIVE.
UM, UM, MY CONCERN IS THAT THERE HAS A VEHICLE OUT THERE RIGHT NOW THAT IS ACTIVELY SEEKING TO PUNISH ONE PARTICULAR JURISDICTION.
AND, UM, IT HAS SOME LEGS FROM WHAT I UNDERSTAND.
AND IF IT HAS LEGS, I DON'T WANNA BE PART OF IT.
I DON'T WANT US TO BE INCLUDED IN THAT.
AND, UM, IT, IT'S SOMETIMES IT'S, IT'S BETTER TO BE QUIET AND NOT RAISE YOUR HEAD, UH, AND HAVE THE CHANCE THAT SOMEBODY NOTICES YOU THEN, THEN TO RAISE YOUR HAND AND SAY, HEY, WHY DON'T YOU COME LOOK AT WHAT WE'RE DOING OVER HERE AND SEE IF YOU NEED TO INCLUDE US IN THAT.
AND THAT, AND THAT'S MY LEGITIMATE CONCERN.
I, I AM AS CONCERNED ABOUT ALL THE ISSUES THAT HAVE BEEN RAISED TONIGHT AS EVERYBODY IN THE ROOM.
I, I'M JUST, I WANT US TO BE ABLE TO MAKE THAT DECISION.
AND, AND MY FEAR IS THAT IF WE DO SOMETHING TO DRAW ATTENTION TO OURSELVES IN THE LAST THREE WEEKS OF DECISION, WE MAY LOSE THE OPPORTUNITY TO DO THAT.
AND THAT'S MY HONEST CONCERN, JUST HAVING BEEN ON THAT FLOOR AND SEEN IT HAPPEN.
THANK YOU, COMMISSIONER BRUNO.
UM, I THINK I'D BE REMISS, FIRST OF ALL IF I DID NOT THANK THE MAYOR AND THE COUNCIL FOR AGREEING TO MEET WITH US IN JOINT SESSION THIS EVENING.
AND I ALSO WOULD LIKE TO THANK ALL THE CITIZENS WHO CAME OUT TO SPEAK TO US THIS EVENING.
WE HAVE LISTENED TO YOU, UH, AND WE UNDERSTAND
[01:40:01]
YOUR CONCERNS.UH, I UNDERSTAND YOUR CONCERNS.
IT'S OBVIOUS THAT THERE ARE SOME BAD ACTORS OUT THERE AND THAT THEY HAVE DONE SOME THINGS THAT ARE OF A VERY SERIOUS NATURE AND, UH, SOMETHING NEEDS TO BE DONE ABOUT IT.
ON THE OTHER HAND, I DON'T WANT US TO DO IT IN A MANNER WHERE WE CREATE OURSELVES INTO A TARGET FOR THE LEGISLATURE TO SHOOT AT.
IF I CAN USE AN ANALOGY, BECAUSE THE RESULT OF THAT IS THAT WHAT WE WILL HAVE DONE WILL HAVE BECOME FUTILE AND OF NO EFFECT, AND IT WILL NOT HAVE HELPED ANYBODY.
I UNDERSTAND THAT IF WE POSTPONE IT, THERE MAY BE SOME UNSPECIFIED NUMBER OF NEW SHORT-TERM RENTALS COMING ONLINE.
UH, I DON'T LIKE IT, BUT THAT IS A LESS ONEROUS PRICE TO PAY THAN HAVING OUR LEGS CUT OUT COMPLETELY FROM UNDERNEATH US.
IF I HAD TO ANALOGIZE, WHAT WE DON'T WANT TO DO IS LIKE, LAUNCH A BEAUTIFUL NEW SHIP INTO THE FACE OF A HURRICANE AND WATCH IT SINK.
SO WITH RELUCTANCE, AND I MIGHT SAY CONSIDERABLE RELUCTANCE, UH, I, I WILL BE IN FAVOR OF THE POSTPONEMENT TO JUNE 26TH, UM, WITH THE FIRM UNDERSTANDING THAT AT THAT TIME I WOULD LIKE US TO DO SOMETHING TO HELP THESE PEOPLE.
UM, COMMISSIONER BROSKY, UH, I HAVE, UM, A QUESTION FOR CHRISTINA.
UH, WELL, MAYBE I DON'T HAVE A QUESTION FOR YOU JUST YET, SO, WELL, I DO HAVE A QUESTION FOR YOU, BUT I HAVE A DIFFERENT QUESTION.
I THINK MAYBE FOR PAIGE, I'M NOT SURE.
HEY, CAN I, UH, I JUST, I'M SORRY TO INTERRUPT YOU.
THANK YOU GUYS FOR BEING SO POLITE, CALM, QUIET, LISTENING TO US CUZ SOME OF THE THINGS THAT HAVE BEEN SAID AREN'T IN YOUR FAVOR, BUT YOU'RE SITTING THERE QUIETLY LISTENING.
I CAN'T TELL YOU HOW NICE THAT IS.
COMMISSIONER BRONSKI, IF WE ACT AND HYPOTHETICALLY PASS THIS CASE TO COUNSEL, ARE THEY ABLE TO TABLE THAT ACTION ON THEIR OWN? OR IS THERE SOME TIMELINE FOR THAT? THEY CAN TABLE.
I MEAN, THEY STILL, THEY STILL CAN ACT.
YOU, YOU, YOUR BODY PROVIDES A RECOMMENDATION.
AND THEN THEY CAN APPROVE TABLE DENY.
IF YOU DENY THEY HAVE TO HAVE A SUPER MAJORITY VOTE.
NOW I HAVE A QUESTION FOR CHRISTINA.
WHAT IS THE RECOMMENDATION OF YOUR DEPARTMENT AS IT RELATES TO THIS CASE? SO, UM, THE RECOMMENDATION, UH, CHANGED, UH, I WANNA SAY IT IS IN CONFORMANCE WITH THE COMPREHENSIVE PLAN.
SO WE DON'T HAVE ANY CONCERNS THERE.
AND I THINK WE REALLY LEFT IT UP TO YOU BECAUSE OF THE, UM, SITUATION WITH THE LEGISLATURE.
WE, WHILE WE THINK IT IS CONSISTENT WITH THE COMPREHENSIVE PLAN AND YOU CAN TAKE ACTION, UM, I THINK THAT THERE IS STILL A RISK ASSOCIATED WITH THE UNKNOWN.
AND SO, UM, I THINK WE SUPPORT EITHER OF THESE TWO OPTIONS, EITHER TABLING OR APPROVING THE ZONING.
UM, WE REALLY WERE TRYING TO PROVIDE OPTIONS.
I JUST THOUGHT I'D HEARD YOU SAY DURING THE COUNCIL THAT YOU GUYS HAD RECOMMENDED APPROVALS.
WE, WE DID RECOMMEND APPROVAL ORIGINALLY.
I THINK THERE'S SOME LAYERS OF COMPLICATION HERE, AND I JUST, I THINK THERE'S, WE WANNA BE RESPECTFUL OF THE FACT THERE ARE ADDITIONAL COMPLICATIONS SINCE WE MADE THAT ORIGINAL RECOMMENDATION.
AND I DO THINK IT STILL IS SUPPORTED BY THE COMPREHENSIVE PLAN.
WELL, I CAN, UH, I CAN ALWAYS, UH, BE VERY HAPPY THAT OUR COMPREHENSIVE PLAN HAS
UM, JUST WITH MR. ROSSMAN, I ALSO WANNA MAKE SURE EVERYBODY UNDERSTANDS.
I THINK YOU DO, BECAUSE YOU DO THIS, YOU KNOW, TWICE A MONTH, UH, RECOMMENDATION TO APPROVE OR DENY MOVES ON TO THE COUNCIL.
IF YOU TABLE IT, IT WILL NOT MOVE FORWARD, CORRECT.
AND THAT IS, I WANT TO LEAVE IT UP TO OUR COUNCIL, THE PEOPLE THAT WE ELECT EVERY TWO YEARS TO MAKE THESE DECISIONS RATHER THAN TYING THEIR HANDS.
UH, I GIVE THEM THE RESPONSIBILITY TO, UH, MAKE THIS DECISION.
UM, AS I BELIEVE THEY CAN, THEY CAN TABLE IT.
UH, SO I WOULD LIKE TO MAKE A MOTION THAT WE, I'M SORRY, APPROVE THIS.
WE HAVE A MOTION ON THE FLOOR ALREADY.
[01:45:01]
DIDN'T GET A SECOND.IF, IF YOU WANT TO, IF YOU'RE WANTING TO DO A COMPETING MOTION, WE NEED, I NEED TO ASK AGAIN FOR A SECOND AND THEN WE CAN EITHER HAVE FURTHER DISCUSSION OR WE CAN TAKE A VOTE, SORRY.
AND THEN MOVE ON TO THE NEXT MOTION.
MR. BRUNO, THIS IS A MOTION TO TABLE, IS THAT CORRECT? THAT'S CORRECT.
THAT WAS A MOTION BUT TO TABLE TO JUNE 26TH.
SO NOW I HAVE A MOTION WITH A SECOND.
DO WE WANT TO HAVE MORE DISCUSSION AROUND THIS OR DO WE WANT TO TAKE A VOTE? I JUST WANNA SAY ONE THING.
YEAH, NO, UM, I CAN APPRECIATE, UM, THE CONCERN.
I CAN APPRECIATE THE DESIRE, BUT, UH, FOR ME PERSONALLY, IF OUR COUNCIL WANTS TO TABLE THIS AND, UH, THEY HAVE BEEN PUT INTO A POSITION TO MAKE THIS DECISION, UM, I BELIEVE IT IS MY RESPONSIBILITY TO PASS THIS ON TO THEM AND TO GIVE THEM THE OPPORTUNITY TO BE HEARD.
YOU KNOW, I NEVER PUT IN MY 2 CENTS WORTH.
UM, SO I THINK I'M UNIQUE SITTING HERE AND THAT I'VE SAT AT THE COUNCIL DIAS BEFORE AND UNDERSTANDING THE STRUCTURE OF OUR GOVERNMENT, HOW IT'S SET UP TO OPERATE.
AND THE COUNCIL LEANS HEAVILY ON COMMISSIONS AND BOARDS TO DO A LOT OF RESEARCH AND MAKE DECISIONS FOCUSED IN A PARTICULAR AREA.
SO I'VE SAT HERE ON COUNCIL AND BEEN FRUSTRATED WITH DECISIONS THAT P AND Z MADE, BUT HONORED THEM.
AND I'VE SAT ON COUNCIL AND BEEN VERY HAPPY WITH DECISIONS THAT P AND Z MADE.
AND IT DIDN'T GET PAST COUNCIL
NONE OF US WERE APPOINTED TO SIT AT THIS DIAS BECAUSE THEY DIDN'T CARE WHO THEY WERE APPOINTING.
THEY APPOINTED PEOPLE THAT WERE THOUGHTFUL, CONSIDERATE RESIDENTS CONCERNED ABOUT THE EXCELLENCE OF OUR CITY.
UM, WE'RE NOT HERE BY ACCIDENT.
SO THEY LEAN ON US TO TAKE ACTION.
THAT ACTION ISN'T ALWAYS NECESSARILY IN ALIGNMENT WITH WHAT THEIR GOALS AND OBJECTIVES ARE.
AND THAT'S WHY THERE'S RULES FOR IF WE OPERATE IN A CERTAIN WAY, THEY CAN OVERRIDE US, THEY CAN TAKE ACTION.
AND OUR JOB ISN'T NECESSARILY TO PASS SOMETHING OR TO FAIL SOMETHING.
IT'S TO TAKE IN THE INFORMATION WE HAVE AND MAKE A DECISION.
PERSONALLY, I THINK WE'RE, WE NEED TO DO SOMETHING ABOUT SHORT-TERM RENTALS.
I I LISTEN TO THE YOUNG MAN WHO CAME DOWN AND SPOKE ABOUT, THEY'RE RENTING OUT A ROOM IN THEIR HOUSE, AND HE BRINGS UP A GOOD POINT, WHICH IS OWNER-OCCUPIED VERSUS NOT OWNER-OCCUPIED.
SOUNDS LIKE AN EASY FIX UNDER THE LAW.
IT'S NOT SO CLEAR, RIGHT? SO SOMETIMES THE THINGS THAT ARE REALLY OBVIOUS TO US, AND THAT SEEM LIKE A GREAT IDEA IS JUST MORE COMPLICATED THAN THAT.
I THINK WE'VE GOT THE CART AHEAD OF THE HORSE A LITTLE BIT.
I THINK WE HAVE A GAP STUDY GOING ON.
WE HAVE THE COUNCILS PUTTING TOGETHER A COMMISSION, A TASK FORCE TO EVALUATE THIS ISSUE.
WE HAVE A LEGISLATOR, LEGISLATOR LEGISLATIVE SESSION GOING ON THAT'S GONNA END IN ABOUT THREE WEEKS.
MAYBE WE'LL HAVE CLARITY, MAYBE THERE'LL BE A SPECIAL SESSION AND WE WON'T KNOW FOR ANOTHER EIGHT WEEKS WHAT THEY'RE GONNA DO.
THERE'S SO MUCH INFORMATION OUT THERE THAT I THINK WE DON'T TRULY KNOW THE ANSWERS TO, HOW TO TAKE GOOD ACTION.
AND THE INTERIM BAN IS GOING TO KEEP A SMALL NUMBER OF PEOPLE.
UH, UH, I THINK A NUMBER THAT WAS SHOW AND SHOWN TO US EARLIER, OR THAT I READ SOMEWHERE WAS, LET'S CALL IT 300 SHORT TERM RENTALS IN THE CITY OUT OF 75,000 HOMES.
AND THAT INCLUDES APARTMENTS WHICH WEREN'T ENLISTED IN THE 75,000.
I WANT MORE INFORMATION ABOUT THAT.
I WANT TO KNOW MORE ABOUT THE TRUE IMPACT OF SHORT-TERM RENTALS ON THE CITY.
AND I THOUGHT IT WAS VERY GOOD.
I CAN'T REMEMBER WHO DID IT THAT SET UP THE MAP THAT SHOWED WHERE EVERYTHING WAS LOCATED AT.
THAT'S IMPORTANT INFORMATION TO HAVE.
BUT I DIDN'T HAVE IT UNTIL TONIGHT.
AND THEN WHEN I SAW THAT, I WENT, OH, THAT'S INTERESTING.
I WANT TO KNOW MORE INFORMATION ABOUT THAT.
SO I, I THINK WE'RE WE'RE BEING A LITTLE PREEMPTIVE IN IN WHAT? IN TAKING ACTION TO CHANGE OUR ZONING ORDINANCE TEMPORARILY WHEN I WOULD RATHER GIVE US UNTIL JUNE 26TH TO TRY TO GO, ALL RIGHT, CAN WE DO SOMETHING THAT'S BETTER AND THAT MAYBE HAS A LITTLE MORE TEETH IN IT? SOMEBODY USED THE WORD TEETH EARLIER.
THAT'S SOMETHING THAT I WOULD BE VERY MUCH IN FAVOR OF.
SO, UH, I I AM DEFINITELY IN FAVOR OF TABLING.
UH, I'M NOT SURE HOW THIS IS GONNA GO, BUT WE HAVE A MOTION.
UNLESS THERE'S ANYBODY ELSE THAT WANTS TO COMMENT.
[01:50:01]
WE SHOULD VOTE ON THAT.CAN COUNCIL JUST SEND IT BACK TO US? WELL, LIKELY THAT'S WHAT WILL HAPPEN ON JUNE 26TH IF WE TABLE IT.
WHAT IF WE PASS IT? CAN THEY JUST, THEY CAN DO WHATEVER THEY WANT.
WHAT'S THE DOWNSIDE IN LETTING THEM HAVE THE CONTROL OF WHAT HAPPENS TONIGHT? THAT'S WHAT I DON'T UNDERSTAND.
AGAIN, SOME DECISIONS, MAYBE THAT'S THE WAY THAT, THAT YOU WOULD LIKE TO VOTE ON IT.
I DON'T APPROACH IT FROM THAT STANDPOINT.
I WASN'T SET HERE TO SAY, I'M GONNA PUNT ON THIS DECISION AND LET COUNSEL MAKE THE DECISION.
I'M GONNA MAKE IT BASED UPON THE PLAN, MY UNDERSTANDING OF HOW THE CITY OPERATES MY EXPERIENCE, JUST LIKE ALL THE REST OF YOU.
SO WE CAN KEEP HAVING THE DISCUSSION.
YOU TOOK ISSUE WITH THE WAY COMMISSIONER CAREY, COMMISSIONER CARRIE
AND I RESPECT YOUR LEADERSHIP WITHOUT A DOUBT.
BUT NO MATTER WHICH WAY I VOTE TONIGHT, I'M NOT PUNTING IN, IN ORDER TO GIVE THE DECISION TO OUR ELECTED OFFICIALS ON SOMETHING THAT I AM PASSIONATE SHOULD HAVE BEEN PROHIBITED LONG AGO.
WE ARE GIVING THEM A DECISION.
BUT NO MATTER WHAT THAT DECISION IS, I I, I DON'T THINK IT'S FAIR TO SAY I'M, I'M, I'M JUST PUNTING IT TO THEM.
AGAIN, MY APOLOGIES IF YOU MISINTERPRET WHAT I'M SAYING, BUT THE IDEA THAT WE'RE TABLING SOMETHING THAT HAPPENS ALL THE TIME, WE TABLE THINGS.
THIS HAPPENS TO BE A VERY IMPORTANT DECISION.
AND THERE'S A LOT OF VERY PASSIONATE PEOPLE HERE.
IT WAS BROUGHT OUT EARLIER TOO, ABOUT MAKING DECISIONS FROM A PLACE OF FEAR.
EVERYONE HERE IN THIS AUDIENCE IS AFRAID OF WHAT SHORT-TERM RENTALS MEAN.
THAT'S WHY THEY'RE TAKING ACTION.
THAT'S WHY THEY'RE HERE IN THE AUDIENCE.
I'M AFRAID OF WHAT SHORT-TERM RENTALS MIGHT DO TO US.
BUT I DON'T HAVE THE INFORMATION TO MAKE ME FEEL LIKE I SHOULD BE AFRAID.
SO I DON'T WANNA MAKE A DECISION BASED ON FEAR.
I WANNA MAKE A DECISION BASED ON WHAT DOES THIS MEAN FOR THE CITY IN THE SHORT TERM, AND CAN WE DO SOMETHING BETTER? AND I THINK THE ANSWER IS YES.
AND I AM CONCERNED, AS MR. RATLIFF SAID, ABOUT THE POSSIBILITY OF HAVING SAT HERE ON COUNCIL DURING THE E R O DAYS, THE STATE LEGISLATOR GETTING INVOLVED IN OUR BUSINESS.
I'D LIKE, UH, UH, COMMISSIONER RATLIFF HAS A COUPLE TIMES REFERENCED THIS POTENTIAL RISK SPECIFICALLY IS, I, I, WHAT I DON'T KNOW IS WHAT IS THE, UM, BRACKET, THIS ONE, UM, CITY THAT'S BEING CALLED OUT, WHAT ARE THEY BEING CALLED OUT FOR? AND HOW RELEVANT IS THAT TO WHAT WE'RE DOING HERE? BECAUSE MY RECOLLECTION IN READING THIS IS, IT PROBABLY WASN'T ALL MY OPINION, ALL THAT RELEVANT TO WHAT WE'RE DOING HERE.
UM, IF YOU COULD HELP US, OR MAYBE SOMEBODY COULD ANSWER, SORRY, COULD I ADD A TAG ONTO THAT? UM, FROM WHAT I READ ABOUT THE BRACKET, AND THEY'RE USING THE POPULATION AS KIND OF LIKE THE STIPULATION TO TARGET, FOR LACK OF A BETTER WORD, THE CITY, UM, AFTER, UM, MR. FORTUNE ANSWERED IF MS. BIS COULD OPINE ON THE OTHER MECHANISMS THEY COULD USE TO ESSENTIALLY PULL IN A LARGER, UM, MUNICIPAL BODY.
CAUSE IF THEY GO POPULATION, THEN THEY, THEY'VE RULED ON A THOUSAND MUNICIPALITIES, PLANO BEING THE NINTH LARGEST.
RIGHT? SO IF, IF YOU USE 300,000, FOR INSTANCE, EVERYBODY EXCEPT FOR AUSTIN, HOUSTON GETS CAUGHT IN THAT WEB.
SO IF YOU COULD OPINE IF THERE ARE OTHER MECHANISMS IN YOUR, UM, EXPERIENCE THAT COULD BE USED.
I, I COULD SPEAK A LITTLE BIT TO THAT.
IN ADDITION TO POPULATION, YOU CAN ALSO BRACKET BY COUNTY.
UM, SO FOR INSTANCE, UH, CITY OF GRAND PRAIRIE IS LOCATED INSIDE THREE COUNTIES.
AND SO IF YOU WERE TO BRACKET THAT SPECIFIC CITY, YOU COULD REFERENCE IT BY COUNTY AS WELL AS POPULATION.
AND THERE MAY BE OTHER MECHANISMS. BUT, UM, IN GENERAL, THAT'S THAT ON, UH, THE OTHER BILL, UM, OF NOTE OF PROBABLY MOST IMPORTANCE, IT IS SET FOR THE HOUSE CALENDAR ON, ON THE FLOOR FOR A DEBATE FOR THIS WEEK.
SO WHEN YOU TALK ABOUT A VEHICLE THAT, THAT MAY PUT, UH, OUR CITY IN DANGER AND, AND OTHER CITIES ACROSS THE STATE, QUITE FRANKLY, UM, HAVING THIS DISCUSSION NOW IS, IS SOMEWHAT POORLY TIMED.
UH, COULDN'T PREEMPT THAT, OBVIOUSLY.
BUT, UM, THAT BEING SAID, THE BILL ITSELF, UH, IF THAT BRACKET PIECE IS REMOVED, WILL PROHIBIT US FROM, UH, PROHIBITING SHORT-TERM RENTALS.
SO, UH, IT IS AN OUTRIGHT PREEMPTION OF OUR AUTHORITY ON SHORT-TERM RENTALS, WHICH WOULD REALLY RENDER A LOT OF OUR DISCUSSIONS TONIGHT.
[01:55:01]
AND THAT, AND, AND THAT WOULD APPLY WHETHER OR NOT YOU TOOK ACTION NOW, OR, OR IF YOU WAITED AND IT WAS AMENDED? YEAH.JUST TO FOLLOW UP ON MY QUESTIONS.
AND, YOU KNOW, THE FACT THAT P PLANO MAY GET SINGLED OUT, UM, MY GUESS IS EVERYBODY THAT'S DOWN THERE KNOWS WE'RE HAVING THIS MEETING AND EVERYTHING WE'RE TALKING ABOUT IS GONNA END UP THERE ANYWAY.
AND SO I DON'T THINK THAT WHETHER WE PASS IT OR NOT, THAT'S GONNA, THIS IS MY OPINION, IT'S GONNA TRIGGER ANYTHING.
AND SO, UH, UH, CHAIRMAN DOWNS, TO YOUR POINT ABOUT MAKING THINGS BETTER, I BELIEVE IF WE ALLOW COUNCIL TO DO THEIR JOB DOWN THE ROAD, WE CAN AMEND THIS AS WE GET MORE INFORMATION AND MAKE THIS BETTER.
WE HAVE THOSE MECHANISMS AVAILABLE TO US.
BUT IN THE, BUT IN THE SHORT TERM, WE'VE DONE SOMETHING THAT'S IN THE BEST INTEREST OF OUR CITY, IN MY OPINION, WITHOUT A TREMENDOUS AMOUNT OF RISK BASED ON EVERYTHING I'VE HEARD IN MY OPINION.
AND I THINK THEN, UM, WE CAN CONTINUE TO MAKE THIS THE BEST POSSIBLE ORDINANCE WE CAN THROUGH AMENDMENT.
UM, I HAVE A QUESTION ACTUALLY, PROBABLY FOR OUR ATTORNEY, THAT AFTER WE, IF WE PASS TONIGHT AND THIS DECISION BECOMES OUR RECOMMENDATION, AND WE WOULD, THE BANNING, I'M TALKING ABOUT PASS THE BANNING, THEY WILL GO BACK TO THE COUNCIL TO EITHER PASS OR DENY OR TABLE.
WHAT TIMEFRAME WOULD THAT BE? IT'S NOT GONNA BE TONIGHT.
TONIGHT, UNLESS IS IT GONNA BE TONIGHT? OKAY.
SO AFTER THEN WE'RE DONE, WE'RE GONNA COME BACK TO DO THAT.
IF YOU, IF YOU RECOMMEND THAT IT'S, OR YOUR RECOMMENDATION IS TO PASS IT, IT WILL GO TO THE COUNCIL TONIGHT IF YOU VOTE TO TABLE AND IT WILL NOT GO TO THE COUNCIL TONIGHT.
JUST VERY QUICKLY, MR. CHAIRMAN, IF THE COUNCIL TAKES THE POWER TO ACT AWAY FROM US, THEN WE WILL NO LONGER BE ABLE TO AMEND ANYTHING.
WE WILL HAVE LOST THE POWER OF AMENDMENT.
SO WE'VE, WE'VE HAD A LOT OF DISCUSSION.
WE HAVE A MOTION AND A SECOND, AND THIS IS TO TABLE.
SO A, A VOTE YES, MEANS THAT WE'RE GONNA TABLE THIS TO JUNE 26TH.
UM, IF IT'S TABLED, COUNSEL WILL NOT HAVE ADDITIONAL ACTION TO TAKE, UH, TONIGHT.
ALL THOSE IN FAVOR OF TABLING TO JUNE 26TH.
I MOVE THAT WE SEND THIS ON TO COUNCIL, WE'LL LET THEM DO THEIR JOB.
AND SO I MAKE A MOTION THAT WE APPROVE THIS AS IT SITS AND ALLOW THEM TO TABLE IT, TO PASS IT OR TO TURN IT DOWN.
I HAVE A MOTION BY COMMISSIONER BROSKY WITH A SECOND BY, UH, VICE CHAIR, KERRY, TO PASS THIS PROPOSED AMENDMENT TO THE ZONING ORDINANCE.
ALL THOSE IN FAVOR, RAISE YOUR HAND.
IT'S MY UNDERSTANDING THEN THAT WE DON'T HAVE A VOTE TO APPROVE IT.
IT BAILS IN ESSENCE, WE'VE DENIED THE ORDINANCE.
IS THAT CORRECT? YOU, UM, YOU COULD TRY TO, SOMEBODY COULD TRY TO MAKE AN AMENDED MOTION IF THEY THINK IT COULD GET ENOUGH VOTES, BUT IT SOUNDS LIKE Y'ALL ARE AT A ASTOUNDING IF WE'RE AT, SO WHAT'S THE RULES, CHRISTY? IF WE'RE AT A STAND STILL, LET ME JUST PUT THIS WAY.
IF WE'RE, IF WE'RE TIED UP AND ESSENTIALLY OUR RECOMMENDATION, CAN WE TAKE A BRIEF RECESS? YES, GO AHEAD.
I THINK IT PASS, I THINK IT PASSES.
SO I WROTE, I WROTE A BRACKET, MARK STRIKE LEGISLATURE,
[02:00:01]
THE CITY OF A POPULATION BETWEEN 125, 1 70 5,000 AS OF A CERTAIN CENSUS LOCATED IN A COUNTY OF NO MORE THAN X NUMBER OF PEOPLE ADJACENT TO A COUNTY OF GREATER THAN THIS NUMBER OF PEOPLE.CAUSE IT HAD TO BE A TOWN OF A CERTAIN SIZE ADJACENT.
IT WAS, I AGREE WITH PLANNING AND ZONING COMMISSION HAS PARTICIPATED IN THE PUBLIC HEARING ON THE PRELIMINARY REPORT AND CONSIDERED THE PRELIMINARY REPORT ON ZONING CASE 20 23 0 0 4, AFTER WHICH THE PLANNING AND ZONING COMMISSION DELIBERATED ON ZONING CASE 20 23 0 0 4.
AND AFTER TWO VOTES FOR, UM, TABLING THAT FAILED BY A VOTE OF FOUR TO FOUR AND A APPROVAL THAT FAILED BY A VOTE OF FOUR TO FOUR.
ESSENTIALLY, THE PLANNING AND ZONING COMMISSION'S FINAL REPORT IS NO ACTION, AND THAT WILL MOVE TO COUNCIL FOR THEIR ACTION ON THIS ITEM.
THE PLANNING AND ZONING COMMISSION WILL NOW TAKE A RECESS.
CITY COUNCIL HAS RECONVENED AND OPEN SESSION ITEM F CITY COUNCIL CONSIDERATION OF AN ORDINANCE AS REQUESTED IN ZONING CASE 2023 DASH 0 0 4 TO AMEND SECTION 14 DASH OR 500 PROHIBITED USES OF ARTICLE 14 ALLOWED USES AND CLASSIFICATIONS OF THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY ORDINANCE NUMBER 2015 DASH FIVE DASH TWO AS HERE TO FOUR AMENDED RELATING TO AN INTERIM BAN ON SHORT-TERM RENTALS, PROVIDING A PENALTY CLAUSE, A SEVERABILITY CLAUSE, A REPEAL CLAUSE, A SAVINGS CLAUSE, A PUBLICATION CLAUSE, AND AN EFFECTIVE DATE.
SO, UH, THE HOT POTATO IS BACK IN OUR COURT
CAN I START A MOTION, PLEASE? UH, MOTION TO APPROVE ITEM F.
ANY ANY COMMENTS? I, I CERTAINLY COUNCILMAN WILLIAMS? WELL, I'D JUST LIKE TO, UH, PREEMPT THE CONCERN, GET IT PREEMPT PREEMPTION BILL ABOUT HB 2127 THAT'S PAST THE HOUSE ALREADY.
UM, I WAS JUST TEXTING WITH THE SENATE CO-SPONSOR OF THAT BILL, THE COMPANION BILL, UH, WHILE WE WERE SITTING OVER THERE.
UH, WHOM I'M VERY PROUD WAS A SUPPORTER OF MINE.
I'M FAIRLY CONFIDENT THAT THEY'RE NOT GOING TO AMEND THAT BILL JUST TO PUT THE SCREWS TO PLANO.
I DID, UH, I DID ALSO, UH, JUST HAVE A COUPLE OF COMMENTS.
I'D LIKE TO SAY THAT WE, WE'VE BEEN MONITORING THIS ISSUE FOR SEVERAL YEARS NOW, AND WHILE I UNDERSTAND THAT WE'RE NOT AT OUR FINAL DESTINATION TONIGHT, YOU KNOW, CHRISTINA MENTIONED THAT WE STARTED, UH, LOOKING AT THIS IN 2018.
I, I REMEMBER DISCUSSING THE ISSUE IN 2020 ON ZOOM.
UH, YOU KNOW, BECAUSE THAT WAS DURING THE FIRST YEAR OF COVID.
WE'VE BEEN THOROUGHLY STUDYING THIS ISSUE FOR SEVERAL YEARS.
WE'VE HAD NUMEROUS UPDATES AND DISCUSSIONS.
SO I BELIEVE THAT THE TIME HAS COME TO BEGIN TAKING ACTION.
AND I WOULD FURTHER SAY THAT WHILE THE ABSOLUTE NUMBER OF NEW SHORT-TERM RENTALS IN PLANO IN THE NEXT SIX WEEKS MAY NOT END UP BEING A HUGE NUMBER, IF THAT'S NEXT TO YOUR HOUSE, THAT'S THE ONE THAT MATTERS TO YOU.
AND SO I THINK IT'S REALLY IMPORTANT THAT WE TAKE ACTION NOW, I ALSO WOULD LIKE TO, TO JUST POINT OUT THAT THE CITY HAS DATA THAT SHOWS THAT 16.6% OF SINGLE FAMILY SHORT-TERM RENTALS HAVE GENERATED AT LEAST ONE POLICE CALL FOR SERVICE.
WHILE ONLY 5.7% OF SINGLE FAMILY HOMES THAT ARE NOT SHORT-TERM RENTALS, UH, HAVE GENERATED AT LEAST ONE POLICE CALL FOR SERVICE.
THAT MEANS THAT IT IS ALMOST THREE TIMES AS LIKELY THAT A SHORT-TERM RENTAL AND A SINGLE FAMILY HOME WILL RESULT IN A CALL TO THE POLICE THAN THAT A NON SHORT TERM RENTAL SINGLE FAMILY HOME WILL DO THE SAME.
SO I THINK THAT, UH, WE HAVE DATA, OBVIOUSLY WE'RE, WE DON'T HAVE ALL THE DATA WE'LL HAVE WHEN WE MAKE OUR FINAL DECISION, BUT I THINK THAT WE KNOW ENOUGH TO TAKE THIS ACTION TONIGHT AND THAT IT'S IMPORTANT TO DO SO TO PROTECT OUR NEIGHBORHOODS.
SO, UH, I I URGE JUST TO VOTE IN FAVOR OF THIS ONE.
SO I'M SURE THAT I'M GONNA BE IN, UH, THE MINORITY ON THIS TONIGHT.
BUT, UM, GIVEN WHAT WE'VE HEARD ABOUT, UM, THE HOUSE BILL, BUT MORE IMPORTANTLY, GIVEN THE FACT THAT WE DON'T HAVE REGISTRATION, I'M VERY CONCERNED ABOUT PASSING SOMETHING THAT WON'T BE ENFORCEABLE.
[02:05:01]
AND THERE IS ALSO A COMMENT MADE BY ONE OF THE CITIZENS THAT WE SHOULD MAKE DECISIONS BASED ON FACTS, SORRY, FACTS AND NOT FEAR.AND TO ME, I HAVEN'T BEEN PRESENTED WITH ENOUGH FACTS AND DATA THAT SHOW THAT WE SHOULD BE IMPLEMENTING A CITYWIDE BAN.
SO I, UM, WILL NOT BE ABLE TO SUPPORT THIS TONIGHT.
UH, I, I'D LIKE TO TEST OUR KNOWLEDGE OF OUR RULES OF PROCEDURE AND ACTUALLY OFFER AN AMENDMENT.
I'D LIKE TO MOVE TO AMEND TO STRIKE SECTION ONE FOUR.
PROVISION B, WHICH GIVES A, AN EXPIRATION DATE OF THIS, OF MAY 15TH, 2024.
YOU, YOU WANNA MAKE THAT IT, IT'S ALREADY IN THERE.
ARE YOU WANTING TO TAKE OUT? WELL, I WANNA STRIKE THE EXPIRATION DATE, SO, NO, SO THERE IS NO EXPIRATION DATE UNTIL, AND UNLESS WE REVISIT IT AND WE CHANGE THIS OR REPEAL IT, I WANNA REMOVE THE AUTOMATIC EXPIRATION DATE AND MAKE AN INCUMBENT ON US TO, UH, THAT THAT WOULD MAKE IT PERMANENT INTERIM.
WELL, HE'S MADE AN AMENDMENT, SO WE NEED TO DEAL WITH THAT.
I, I THINK IF, DO YOU, DO WE NEED TO GO INTO EXECUTIVE SESSION QUESTION? NO.
OR CHRISTINA, CHRISTINA, WE HAVE A QUESTION FOR YOU.
THE QUESTION, THE QUESTION IS, THE REASON WE CAME UP WITH THIS IS, IS WE DON'T HAVE ENOUGH DATA.
WE WANNA ALLOW STAFF ENOUGH TIME TO GET THE DATA.
SO WE'RE MAKING INFORMED DECISIONS THAT WILL STAND UP TO ANY POTENTIAL CHALLENGE.
DO YOU FEEL LIKE THE 12 MONTH TIME PERIOD IS A ENOUGH TIME FOR YOU GUYS TO, TO GET THIS TO US? SURE, SURE.
I THINK THAT MAKE EVERY EFFORT TO MAKE IT THIS DEADLINE PUTS PRESSURE ON US TO MEET THAT, THAT TIMEFRAME.
AND SO I THINK THAT THAT'S ACTUALLY HELPFUL FOR US TO GET IT DONE WITHIN A CERTAIN PERIOD OF TIME.
BECAUSE THE, I THINK THE, THE, THE POINT IS THIS IS NOT DESIGNED TO BE A PUNITIVE MEASURE AGAINST ANYONE.
IT'S SIMPLY DESIGNED FOR US TO GET THE FACTS THAT WE NEED TO MAKE A CORRECT DECISION.
AND I THINK IT'S GONNA GIVE US THE TIME WE NEED.
I MEAN, IT IS WHAT IS PROPOSED BY OUR OUTREACH CONSULTANT FITS WITHIN THAT TIMEFRAME.
SO I THINK WE WERE TRYING TO BE RESPECTFUL OF WHAT WE THOUGHT WAS A REASONABLE PROPOSAL, AND YET GIVE IT A FINITE TIMEFRAME TO SAY THE CITY IS GOING TO MAKE A DECISION AT A CERTAIN TIME SO THAT PEOPLE WOULD HAVE SOME CONFIDENCE THAT THIS WAS NOT A NEVER ENDING PROCESS.
UH, WE, WE HAVE A MOTION TO SECOND.
I KNOW YOU, YOU PRESENTED AN AMENDMENT, BUT, UH, THERE'S NO SECOND.
WE'LL, WE'LL STICK WITH THE MOTION IN A SECOND.
SO ALL IN FAVOR TO APPROVE ITEM F.
WAS THAT WHAT IT WAS? ALL RIGHT.
I DECLARE, UH, THAT THE PLAINTIFF CITY COUNCIL JOINT MEETING WITH THE PLANNING AND ZONING COMMISSION IS ADJOURNED.