[00:00:08]
I GOTTA REMEMBER TO TURN ON THE MIC.
NEVER MIND. THE MEETING IS CALLED TO ORDER AT 7 P.M.
[CALL TO ORDER]
HERE IN THE DAVIS LIBRARY.IF YOU WOULD LET'S STAND PLEDGE ALLEGIANCE.
FLAG'S OVER HERE. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.
GETTING SEATED. THIS IS NEW FOR ALL OF US.
OTHER THAN STAFF FOR ALL OF US ON THE COMMISSION THIS IS NEW TOO, AND I KIND OF I SAID SOMETHING EARLIER ABOUT THIS FEELS LIKE OLD SCHOOL, RIGHT? INSTEAD OF THE BIG AUDITORIUM AND STUFF, JUST THE ROWS OF CHAIRS AND IT FEELS LIKE OLD SCHOOL, WHICH I KIND OF LIKE.
SO THE FIRST TWO ROWS, YOU SHOULD BE SITTING IN ONE OF THE IN ONE OF THE FIRST TWO ROWS IF YOU'VE SIGNED UP TO SPEAK, AND IF YOU'VE SIGNED UP TO SPEAK IN THE FIRST TWO ROWS ARE FULL WHAT WE'RE GOING TO DO IS, AS YOUR CALL TO SPEAK AND YOU COME TO THE PODIUM AND SPEAK WHEN YOU'RE DONE SPEAKING, INSTEAD OF GOING BACK TO THOSE FIRST TWO ROWS, PLEASE FIND A SEAT SOMEWHERE ELSE, AND SO WE'RE GOING TO BE CALLING PEOPLE'S NAMES TO COME FORWARD, AND THEY'LL GRAB A SEAT UP THERE AND SO JUST FOR EFFICIENCY TO TRY TO KEEP US MOVING ALONG AND, AND WHATNOT.
WE WILL LET YOU KNOW HEY, YOUR TURN'S COMING UP.
IF YOU'RE REGISTERED AS A SPEAKER AND I DON'T KNOW, DO WE DO WE HAVE ANY IDEA? ARE WE IN THE OVERFLOW ROOM? IS THERE ANYBODY IN THERE OR DO WE KNOW? THIS IS AGAIN HOW WE FIND OUT, RIGHT? DAY ONE. SO FOR FUTURE REFERENCE, I GUESS BECAUSE I'M LOOKING IN, IT LOOKS PRETTY FULL.
CAN YOU NOT HEAR ME BACK THERE? I'M GOING TO TRY TO GET A LITTLE CLOSER TO THE MIC.
HOW'S THAT? OKAY, SEE, WE'RE MAKING PROGRESS TOGETHER WE'RE GOING TO GET THIS STRAIGHT.
SO, COMMISSIONERS, KEEP THAT IN MIND.
PULL THE MICS A LITTLE CLOSER TO YOU AS WE AS WE HAVE A DIALOG.
SO DO WE DO WE KNOW RIGHT NOW WE DON'T KNOW YET? OKAY. AS OF THE BEGINNING OF THE MEETING, I DID ASK IF THERE WERE PEOPLE IN OVERFLOW AND THERE WERE NOT WHEN WHEN WE CAME IN HERE.
BUT IF THERE'S BEEN SOMEONE GO IN IN THE LAST FEW MINUTES, WE'RE DOUBLE CHECKING.
ONLY BECAUSE PEOPLE CONTINUE TO FLOW IN HERE NOW, WHICH IS GOOD.
ALL RIGHT. IF YOU WERE FOR FUTURE REFERENCE, BECAUSE AS COUNCIL IS GOING TO BE MEETING JUST LIKE THIS, RIGHT? OKAY, SO I'M ASSUMING SOME OF YOU WILL BE COMING TO COUNCIL MEETINGS.
SO THIS IS A GOOD DRY RUN FOR YOU.
SO IT'S LIKELY AT THE COUNCIL MEETING THAT THERE WILL BE PEOPLE HAVING TO GO TO THE OVERFLOW ROOM, BECAUSE COUNCIL ALWAYS HAS A LOT MORE PEOPLE AT IT FOR A VARIETY OF REASONS. SO JUST KNOW THAT IF YOU'RE IN THE OVERFLOW ROOM AND YOU'RE REGISTERED TO SPEAK ON AN ITEM THAT SOMEBODY FROM STAFF WILL BE TELLING YOU IN ADVANCE, HEY, IT'S TIME TO COME TO THE REAL ROOM OR THE MAIN ROOM FOR FOR QUESTIONS OR FOR PRESENTATIONS OR FOR YOUR SPEAKING.
OKAY. LET'S TALK ABOUT COMMISSION.
SO YOU HAVE TWO BUTTONS ON YOUR ON YOUR MIC.
YOU HAVE ONE ON THE LEFT WHICH IS A MUTE BUTTON.
DON'T WORRY ABOUT THAT. THE ONE ON THE RIGHT THAT HAS THE LITTLE GUY WITH THE VOICE.
PUSH THAT TO SPEAK AND THEN PUSH IT AGAIN WHEN YOU'RE DONE SPEAKING, OKAY? ON AND OFF. WE DON'T HAVE THE ELECTRONIC VOTING AND WE DON'T HAVE THE ELECTRONIC WHO'S NEXT IN LINE FOR QUESTIONS.
SO I'M JUST GOING TO TRY TO RAISE YOUR HAND IF YOU WANT TO SPEAK.
I'LL TRY TO DO IT IN THE ORDER THAT I SEE THE HANDS.
THE OTHER THING IS THAT ALL OF OUR VOTES WILL BE HAND VOTES.
OKAY? THEY WON'T. THERE'S NO ELECTRONIC VOTING, SO IT'LL JUST BE A HAND VOTE.
ARE WE CLEAR THERE? OKAY. WE'RE GOOD.
OKAY, SO LET'S START WITH OUR COMMENTS OF PUBLIC INTEREST.
AS OF RIGHT NOW WE'RE USING THE OVERFLOW ROOM.
WE ARE USING THE OVERFLOW ROOM OKAY.
[00:05:02]
DO WE IS THERE A WAY FOR STAFF IN THE OVERFLOW ROOM TO STAY IN CONSTANT COMMUNICATION WITH ONE OF YOU, TO LET US KNOW THAT THERE ARE SPEAKERS IN THE OVERFLOW ROOM.SO AS PEOPLE ARE COMING INTO THE OVERFLOW ROOM, I THINK IT WOULD BE A GOOD IDEA FOR STAFF TO ASK THEM, ARE THEY PLANNING ON SPEAKING OR NOT? SO WE KNOW THAT THERE'S SOMEBODY THERE.
OKAY, WE HAVE A SYSTEM SET UP WHERE THERE ARE PEOPLE THERE TO COVER, AND THEY WILL BE TELLING PEOPLE THEY HAVE A TELEVISION MONITOR AND WE'RE IN COMMUNICATION AND THEY WILL BE SENDING PEOPLE OVER AS SPEAKERS ARE CALLED.
WELL, IT WAS REALLY RELATED TO WHETHER THERE WERE PEOPLE IN THE OVERFLOW ROOM, SO, BUT IT'S OBVIOUS THAT WE'RE GOING TO HAVE TO ALL OF US PROBABLY PULL THESE MICS RIGHT UP, UP AGAINST US AND JUST KEEP REMINDING US, OKAY BECAUSE UP HERE YOU'RE YOU'RE IN THE MIDDLE OF STUFF AND WE'RE NOT USED TO IT YET.
IN TIME, WE'LL ALL GET USED TO THE IDEA THAT WE NEED TO BE LIKE ON THE MIC FOR EVERYONE TO HEAR.
WE NEED IT. WE NEED IT SO THAT THIS BECOMES ROUTINE FOR ALL OF US.
THIS PORTION OF THE MEETING IS TO ALLOW UP TO THREE MINUTES PER SPEAKER.
I THINK YOU'RE GOING TO HAVE TO NOT QUITE DO LIKE A PRIMA DONNA ON THE MIC, BUT REALLY CLOSE.
OKAY, OKAY. I'VE DONE ONE THING RIGHT TONIGHT.
ALL RIGHT. IS THIS BETTER? YES. OKAY. THANK YOU.
THIS PORTION OF THE MEETING IS TO ALLOW UP TO THREE MINUTES PER SPEAKER, WITH 30 TOTAL MINUTES OF ITEMS OF INTEREST OR CONCERN, AND NOT OF ITEMS THAT ARE ON THE CURRENT AGENDA.
THE PLANNING AND ZONING COMMISSION MAY CHOOSE TO PLACE THE ITEM ON A FUTURE AGENDA.
THE PRESIDING OFFICER MAY MODIFY THESE TIMES AS DEEMED NECESSARY.
DO WE HAVE ANY SPEAKERS ON THIS ITEM? WE DO NOT. THANK YOU.
[CONSENT AGENDA]
LET'S MOVE TO CONSENT.DOES ANYONE WANT TO PULL AN ITEM FROM THE CONSENT AGENDA? I MOVE THAT WE APPROVE THE CONSENT AGENDA AS SUBMITTED.
THANK YOU. DO I HAVE A SECOND? I'LL SECOND IT. SO I HAVE A MOTION BY COMMISSIONER BRONSKY WITH A SECOND BY COMMISSIONER OLLEY TO APPROVE THE CONSENT AGENDA.
PLEASE VOTE. THAT CARRIES 8 TO 0.
ITEMS FOR INDIVIDUAL CONSIDERATION.
[1. (CS) Public Hearing: Zoning Case 2024-008 – Request to amend Article 8 (Definitions), Article 14 (Allowed Uses and Use Classifications), Article 15 (Use-specific Regulations), and related sections of the Zoning Ordinance to extend or repeal the interim ban of short term rentals and permanently regulate short-term rentals and related land uses, including associated development regulations. Project #ZC2024-008. Petitioner: City of Plano (Legislative consideration)]
PUBLIC HEARING ITEMS UNLESS INSTRUCTED, INSTRUCTED OTHERWISE BY THE CHAIR, SPEAKERS WILL BE CALLED IN THE ORDER REGISTRATIONS ARE RECEIVED.REMAINING SPEAKERS ARE LIMITED TO 30 TOTAL MINUTES OF TESTIMONY TIME WITH THREE MINUTES PER SPEAKER.
THE PRESIDING OFFICER MAY MODIFY THESE TIMES AS DEEMED NECESSARY.
ADMINISTRATIVE CONSIDERATION ITEMS MUST BE APPROVED IF THEY MEET CITY DEVELOPMENT REGULATIONS.
PUBLIC HEARING ZONING CASE 2024-008 REQUEST TO AMEND ARTICLE EIGHT DEFINITIONS.
ARTICLE 14 ALLOWED USES AND USE CLASSIFICATIONS.
ARTICLE 15 USE SPECIFIC REGULATIONS AND RELATED SECTIONS OF THE ZONING ORDINANCE TO EXTEND OR REPEAL THE INTERIM BAN OF SHORT TERM RENTALS AND PERMANENTLY REGULATE SHORT TERM RENTALS AND RELATED LAND USES, INCLUDING ASSOCIATED DEVELOPMENT REGULATIONS.
THIS IS FOR LEGISLATIVE CONSIDERATION.
GOOD EVENING COMMISSION, AND HOW IS THE AUDIO VOLUME? LOUDER. LOUDER. IT'S SCARY.
IT'S GOING TO BE A LONG PRESENTATION.
CAN WE CHANGE THIS? BETTER? OKAY, GOOD.
I AM LAND RECORDS PLANNING MANAGER WITH THE PLANNING DEPARTMENT.
[00:10:06]
BEFORE WE BEGIN, I WANT TO NOTE THAT THERE ARE SOME TYPOS IN THE PACKET IN REGARDS TO THE ALLOWANCE FOR HERITAGE PROPERTIES.THOSE ARE THOSE ERRORS ARE IN THE SUMMARY TABLES IN THEN THE OFF SITE MANAGEMENT STR MAPS, BUT THE PROPOSED ORDINANCE AMENDMENT TEXT IN ATTACHMENT A IS CORRECT.
OKAY. AS YOU KNOW, THE STUDY FOR SHORT TERM RENTALS BEGAN IN NOVEMBER 2022, AND THE OUTREACH AND DATA COLLECTION PORTION BEGAN THIS PAST APRIL. THAT INCLUDED APPOINTMENT OF A SHORT TERM RENTAL TASK FORCE, A COMMUNITY SURVEY, AND TWO OPEN HOUSES.
WE ARE NOW AT THAT END, THE END OF THAT PART OF THE PROJECT AND ARE CONSIDERING PERMANENT MEASURES.
SORRY, THERE IS A DELAY ON THE SLIDES.
[INAUDIBLE] DOES ANYONE HAVE A STOPWATCH WITH THEM? OH, THERE IT GOES. ALL RIGHT, HERE COMES THE GUY THAT FIXES EVERYTHING.
SO ON MARCH 4TH WE PRESENTED THE SHORT TERM RENTAL STUDY PHASE TWO REPORT, AND YOU CALLED A PUBLIC HEARING FOR THE ZONING CASE, AND WE HAD A BRIEF OVERVIEW OF THE PROPOSED AMENDMENTS. AT OUR LAST MEETING ON MARCH 18TH, WE HAD A WORKSHOP WHERE YOU PROVIDED US MORE.
SO ON THIS SLIDE AND THE NEXT ONE WHICH I'LL GO AHEAD AND PRESS THE BUTTON FOR, WE HAVE THE RECOMMENDATIONS FROM THE TASK FORCE REGARDING LAND USE AND ZONING. THEY ARE HERE FOR REFERENCE.
THEY ARE ALSO AVAILABLE IN ATTACHMENT A IN YOUR PACKET MULTIPLE TIMES.
NOW YOU WANT TO GO TO THE NEXT ONE, RIGHT? I DO. OKAY.
OKAY. SO THIS IS A SHORT SUMMARY OF THE PROPOSED AMENDMENTS.
THEY ARE IN ATTACHMENT A OF YOUR PACKET.
SHORT TERM RENTAL USES THAT WERE OPERATING BEFORE THE INTERIM BAN ARE ALLOWED TO CONTINUE OPERATING.
SO LIMITED SEASONAL STRS WERE REMOVED, WE RENAMED THE SHORT TERM RENTAL TYPES.
THERE ARE SOME REVISED DEFINITIONS.
THE MINIMUM STAY FOR STRS WITH LIVE IN MANAGEMENT HAS BEEN REMOVED.
THINGS ARE WORKING A LOT BETTER.
WOW. YEAH. IT IS. SO FOR LIMITED OR SEASONAL SHORT TERM RENTALS PER YOUR DIRECTION AT THE LAST MEETING, THIS HAS BEEN REMOVED FROM ALL THREE OPTIONS IN THE PROPOSAL. WE UPDATED THE NAMES.
THESE ARE MORE DESCRIPTIVE AND MORE TECHNICAL JUST TO THE POINT.
SO BED AND BREAKFAST ONE ROOM IS LIVE IN MANAGEMENT STR SINGLE ROOM, BED AND BREAKFAST 2 TO 5 ROOMS LIVE IN MANAGEMENT STR MULTIPLE ROOMS AND VACATION RENTAL BECAME OFFSITE MANAGEMENT STR.
SO ANOTHER CHANGE IS IN REGARDS TO LIVE IN MANAGEMENT WE GAVE IT A DEFINITION.
SO LIVE IN MANAGEMENT MEANS THAT THE OPERATOR IDENTIFIED ON THE REGISTRATION STAYS IN THE DWELLING OVERNIGHT WHEN GUESTS ARE PRESENT AT THE SHORT TERM RENTAL, AND THAT MAY BE THE OWNER OR THE OPERATOR.
SO THEN BUILDING ON THAT WITH THE NAME CHANGE, WE HAVE LIVE IN MANAGEMENT STR SINGLE ROOM HERE
[00:15:02]
THERE IS ONE ROOM AVAILABLE FOR RENTAL AND THE HOST LIVES ON SITE AND THAT LIVE IN MANAGEMENT HELPS RETAIN AND BUILD THE COMMUNITY FABRIC.FOR LIVE IN MANAGEMENT STR MULTIPLE ROOMS. AGAIN, THE HOST LIVES ON SITE, BUT IN THIS CASE THERE ARE TWO OR MORE ROOMS AVAILABLE.
THIS IS A CHANGE FROM WHAT WE HAD LAST TIME.
SO WE HAVE LIFTED THAT CAP, BUT ALONG WITH THAT, IT THE PREVIOUS PROPOSAL HAD THEM ALLOWED IN URBAN RESIDENTIAL BY RIGHT BECAUSE BED AND BREAKFAST INN WAS ALLOWED BY RIGHT.
WE WERE PROPOSING TO REMOVE THAT SO THAT NOW THEY ARE ALLOWED BY A SPECIFIC USE PERMIT ONLY FOR THIS MULTIPLE ROOM TYPE IN URBAN RESIDENTIAL, WHICH WOULD BE THE SAME AS OTHER RESIDENTIAL ZONING DISTRICTS.
SO THEN WE HAVE OFF SITE MANAGEMENT, SHORT TERM RENTAL STR.
SO HERE THERE'S NO HOST IN THE DWELLING.
THIS CAN BE A SINGLE FAMILY HOME.
ANY OF THESE COULD BE ANY OF THESE TYPES OF UNITS.
IT COULD BE A SINGLE APARTMENT UNIT.
NOT NECESSARILY. IT'S NOT THE COMPLEX.
THIS IS A SUMMARY OF THE THREE TYPES IN COMPARISON.
THEY'RE ALL REQUIRED TO REGISTER.
THEY EITHER HAVE LIVE IN MANAGEMENT OR OFF SITE MANAGEMENT, AND THEN IT VARIES BASED ON THE NUMBER OF ROOMS OR WHETHER THE FULL UNIT IS AVAILABLE, AND ALSO THE LENGTH OF STAY, WHICH WE'LL TALK ABOUT HERE IN JUST A SECOND.
THOUGH THE MINIMUM STAY BASED ON DIRECTION.
WE ALSO HAD SOME QUESTIONS ABOUT BACKYARD COTTAGES.
THESE ARE SMALL ACCESSORY RESIDENCES IN THE BACKYARD OF A SINGLE FAMILY HOME, AND WITH THE CHANGES TO THE DEFINITIONS AND A SLIGHT CHANGE TO THE TEXT REGARDING BACKYARD COTTAGES, WE FEEL LIKE THIS THIS CLARIFIES THINGS MORE, AND IT'S BASICALLY JUST DOES IT HAVE LIVE IN MANAGEMENT OR OFF SITE MANAGEMENT? AND HOW MANY ROOMS ARE THEY RENTING OUT FOR THE LIVE IN MANAGEMENT? AND AGAIN THE AS AS BEFORE THE MAIN HOME AND THE BACKYARD COTTAGE CANNOT BE TWO SEPARATE STRS.
ALL RIGHT. SO THEN WE HAVE SHORT TERM RENTALS IN MULTI-FAMILY RESIDENCES.
FOR THESE THIS IS AGAIN BASED ON SOME CONVERSATION AT THE AT THE LAST MEETING AND ALSO SOME PUBLIC FEEDBACK WE HEARD WHERE WE FOUND THAT SOME APARTMENT COMPLEXES WILL PROVIDE A TEMPORARY APARTMENT TO, TO TENANTS AS THEY'RE WAITING FOR THEIR PERMANENT APARTMENT TO BE VACATED, AND ALSO THAT SOME ARE PROVIDED AS AN AMENITY FOR THE TENANTS FOR THEIR VISITING FAMILY OR FRIENDS.
SO WE WANTED TO ACKNOWLEDGE THAT AND GIVE A LITTLE FLEXIBILITY FOR FOR THE SITUATIONS WHERE WE HAVE MULTIFAMILY WITH PROPERTY MANAGEMENT ON THE PREMISES, THAT UP TO 5% OF THE UNITS IN THAT COMPLEX CAN BE USED AS SHORT TERM RENTALS.
ALL RIGHT, SO WE HAVE THREE OPTIONS HERE.
THIS IS KIND OF THE BULK OF WHAT WE NEED TO TALK ABOUT TONIGHT.
SO OPTION ONE THIS IS ALL THREE OF THESE REGARD LIVE IN MANAGEMENT SINGLE ROOM STRS.
SO FOR OPTION ONE IT'S THE MOST SIMILAR TO WHAT YOU SAW AT THE LAST MEETING.
FOR OPTION TWO IT'S VERY SIMILAR.
HOWEVER, THERE IS A RESTRICTION TO IN SINGLE FAMILY RESIDENTIAL ZONING TO A 600 FOOT DENSITY BUFFER, AND IF YOU ARE IN, IF YOU ARE WITHIN 600FT OF ANOTHER SHORT TERM RENTAL OF ANY TYPE, YOU WOULD NEED A SPECIFIC USE PERMIT, AND THEN OPTION THREE IS THE MOST CHANGED, AND THIS RESTRICTS SINGLE FAMILY RESIDENTIAL ZONING TO A SPECIFIC USE PERMIT. IT DOESN'T HAVE THAT 600 FOOT REQUIREMENT.
IT'S JUST ACROSS THE BOARD SPECIFIC USE PERMITS IN SINGLE FAMILY RESIDENTIAL ZONING.
ALL RIGHT. SO A LITTLE CLOSER AT OPTION ONE.
[00:20:04]
5% ALLOWANCE, AND THEN IN ALL OTHER RESIDENCES PERMITTED BY SUP AS BEFORE, AND THEN FOR THE OFF SITE MANAGEMENT, SHORT TERM RENTALS.ALL RIGHT, SO THESE ARE SOME MAPS.
THEY DON'T HAVE A LOT OF DETAIL.
THEY ARE IN THE PACKET AND THE ATTACHMENT NUMBERS ARE LISTED THERE IN THE TOP LEFT CORNER.
AGAIN, A COUPLE OF NOTES TO KEEP IN MIND WHEN WE LOOK AT ANY OF THESE MAPS.
SO IT'S DIFFICULT TO SHOW THOSE ON A MAP.
THESE ARE LARGELY GOING TO BE PARKS AND SCHOOL PROPERTIES THAT ARE NOT EXPECTED TO CHANGE OVER TIME, AND THEN THE PINK AREAS ARE AREAS WHERE RESIDENTIAL USES EXIST IN NON RESIDENTIAL ZONING DISTRICTS.
SO WE JUST WANTED TO CALL THOSE OUT BECAUSE IT'S ANOTHER EXCEPTION.
THE TAKEAWAY ON THIS PARTICULAR MAP FOR OPTION ONE FOR LIVE IN MANAGEMENT STR IS THAT HOUSING IN AREAS IN ALL OF THE GREEN, BOTH THE LIGHT AND THE DARK GREEN WOULD ALLOW FOR LIVE IN MANAGEMENT STR SINGLE ROOM BY RIGHT.
SO NEXT WE HAVE LIVE IN MANAGEMENT STR MULTIPLE ROOMS. THIS IS FOR OPTION ONE.
IT'S ALSO THE SAME AS OPTION TWO.
IT'S ATTACHMENT D TWO IN YOUR PACKET.
THERE IS SOME YELLOW ON THIS MAP.
IT IS VERY DIFFICULT TO SEE HERE BUT HOPEFULLY PRINTED OR ON YOUR DEVICE YOU CAN SEE IT.
THE YELLOW SHOWS AREAS WHERE THE MULTIPLE ROOM TYPES ARE ONLY ALLOWED BY SPECIFIC USE PERMIT.
THE BROWN SHOWS MULTIFAMILY ZONING.
HOUSING IS ALLOWED BY SUP, BUT THIS TYPE OF STR WOULD BE ALLOWED BY RIGHT AND THEN LIGHT GREEN HOUSING IS ALLOWED BY RIGHT, AS IS THIS STR TYPE.
PINK IS EXISTING HOUSING AND NONRESIDENTIAL IN WHITE, WHICH IS HARD TO SEE, BUT IS THERE IS AREAS WHERE HOUSING IS NOT PERMITTED, AND THEN WE HAVE OUR MAP.
OOPS. I'M ONLY HITTING IT ONCE.
THE GRAY IS AREA WHERE OFF SITE MANAGEMENT STRS WOULD BE DISALLOWED.
NONE OF THEM WOULD BE ALLOWED.
ANY NO NEW ONES WOULD BE ALLOWED, AND THEN ALL THE OTHER COLORS ARE ESSENTIALLY THE SAME.
THIS MAP IS THE SAME FOR ALL THREE OPTIONS.
ALL OF THE LIVE IN MANAGEMENT STR MULTIPLE ROOMS ARE ACTUALLY NON CONFORMING.
THERE ARE ONLY SEVEN OF THOSE CITYWIDE, AND THEN OFF SITE MANAGEMENT STR THERE WOULD BE 78 SHOWN AS CONFORMING AND 323 AS NON CONFORMING.
AND THEN THERE ARE A FEW STRS THAT WE DO NOT KNOW THE TYPE AT THIS TIME.
I KNOW, IT'S VERY HARD TO SEE IN THE SCREEN, BUT BLUE IS CONFORMING.
ALL RIGHT. SO OPTION NUMBER TWO.
[00:25:04]
SO THIS IS VERY SIMILAR TO OPTION ONE BUT IT ADDS A DENSITY BUFFER.SO THIS IN THIS CASE FOR LIVE IN MANAGEMENT STR SINGLE ROOM.
AGAIN THE DEFINITION WOULD BE RESTRICTED TO ALLOW A RENTAL TO TWO ADULTS PLUS MINOR CHILDREN, AND THIS WOULD BE IN ALLOWED BY RIGHT IN MOST NON RESIDENTIAL DISTRICTS HERITAGE PROPERTIES THE 5% MULTIFAMILY ALLOWANCE AND THEN ELSEWHERE WHEN 600FT OR MORE FROM ANOTHER SHORT TERM RENTAL OF ANY TYPE, AND THEN WHEN YOU ARE WITHIN 600FT OF ANOTHER SHORT TERM RENTAL AND NOT IN ANY OF THOSE OTHER CATEGORIES, THEN THIS USE WOULD BE ALLOWED BY SPECIFIC USE PERMIT.
FOR THE MULTIPLE ROOMS LIVE IN MANAGEMENT.
THIS IS THE SAME AS WITH OPTION NUMBER ONE.
SO THIS MAP IS FOR OPTION NUMBER TWO.
LIVE IN MANAGEMENT STR SINGLE ROOM.
IT'S ATTACHMENT E1 IN YOUR PACKET.
AGAIN APOLOGIZE IT IS DIFFICULT TO SEE THESE COLORS.
BUT THE YELLOW COLOR IS KIND OF DOTTED THROUGHOUT.
THE CORE OF THE CITY IS IN AREAS WHERE HOUSING IS ALLOWED BY.
RIGHT, BUT THIS TYPE OF STR WOULD BE REQUIRED TO GET A SPECIFIC USE PERMIT FOR NEW RENTALS.
THEN WE HAVE OPTION NUMBER TWO LIVE IN MANAGEMENT MULTIPLE ROOMS. THIS IS THE SAME MAP AS WE HAD FOR OPTION NUMBER ONE.
SO SUP FOR THE MAJORITY OF THE CITY THERE IN YELLOW, AND ALL THE OTHER COLORS ARE THE SAME AS BEFORE, AND THEN OFF SITE MANAGEMENT STR SAME IN ALL THREE OPTIONS.
SO THE EFFECT ON THE EXISTING STR IS IF WE GO WITH OPTION NUMBER TWO, WE ESTIMATE THAT THERE WOULD BE 29 LIVE IN MANAGEMENT SINGLE ROOMS THAT WOULD BECOME CONFORMING IF THEY REGISTER.
21 THAT WOULD BE NON-CONFORMING.
7 LIVE IN MANAGEMENT MULTIPLE ROOMS. THE NEXT NUMBERS DON'T CHANGE, SO THE MULTIPLE ROOMS WOULD REMAIN NONCONFORMING.
THE OFF SITE MANAGEMENT 78 CONFORMING 323 NONCONFORMING, AND HERE IS A MAP OF THAT.
AGAIN, RED IS NON-CONFORMING AND BLUE IS CONFORMING.
ALL RIGHT. SO OPTION NUMBER THREE THIS IS THE MOST CHANGED FROM THE VERSION YOU SAW LAST.
SO WE WOULD JUST CALL THEM LIVE IN MANAGEMENT STR.
IN THIS CASE, THEY WOULD BE PERMITTED IN IT'S PRETTY MUCH A PATTERN FROM WHAT WE SAW BEFORE MOST NONRESIDENTIAL ZONING DISTRICTS, HERITAGE PROPERTIES, SOME MULTIFAMILY, AND THEN IN ALL OTHER RESIDENCES IN THE CITY PERMITTED BY SUP.
OFF SITE MANAGEMENT IS THE SAME HERE.
ONE NOTE ON THIS ONE IS THAT THE LIVE IN MANAGEMENT STAFF WOULD NOT HAVE THE OCCUPANCY RESTRICTION OF THE TWO ADULTS AND MINOR CHILDREN, BECAUSE THEY'D BE ALLOWED BY SPECIFIC USE PERMIT.
THAT WOULD BE A TIME THAT ANY OCCUPANCY RESTRICTIONS COULD BE ADDED IF APPROPRIATE.
WANT TO MAKE SURE THAT WAS MY MAIN NOTE.
SO THIS MAP IS ACTUALLY VERY SIMILAR TO THE LIVE IN MANAGEMENT MULTIPLE ROOMS IN THE PREVIOUS IT IS THE SAME ACTUALLY AS THE PREVIOUS TWO OPTIONS, BUT IT WOULD APPLY TO SINGLE ROOM AND MULTIPLE ROOM LIVE IN MANAGEMENT STRS.
SO MOST OF THE CITY WOULD BE REQUIRED TO GET A SPECIFIC USE PERMIT FOR THESE TYPES.
THEN OFF SITE MANAGEMENT STR IS AGAIN THE SAME IN ALL THREE OPTIONS.
SO THE EFFECT OF OPTION NUMBER THREE ON OUR EXISTING STRS, WE ESTIMATE THAT FIVE OF OUR LIVE IN MANAGEMENT STRS WOULD BE CONFORMING UNDER THIS, 52 OF THE LIVE IN MANAGEMENT STRS WOULD BE NON CONFORMING, AND THEN THE NUMBERS FOR OFFSITE MANAGEMENT STRS REMAIN THE SAME, AND HERE IS A MAP OF THOSE STRS.
RED IS NON-CONFORMING AND BLUE IS CONFORMING.
[00:30:06]
ADDITIONAL DEVELOPMENT STANDARDS WHEN THEY CONSIDER THE SUP REQUEST.SO TO HELP PROVIDE GUIDANCE TO EVERYONE IN THE FUTURE.
IN THE ORDINANCE, WE OUTLINED A COUPLE ITEMS THAT MAY BE CONSIDERED.
SO AT THE TIME OF SCP REQUEST AND CONSIDERATION AT P&Z AND COUNCIL, WE PROVIDE, WE WOULD PROVIDE INFORMATION ON THE LOCATIONS OF OTHER STRS IN THE AREA. THE REMAINDER OF THESE ARE THINGS THAT COULD BE RESTRICTED AT THE TIME OF GRANTING THE SUP.
SO THE MAXIMUM NUMBER OF OCCUPANTS AT ONE TIME, THE MINIMUM NUMBER OF NIGHTS PER RENTAL.
IF YOU WANTED TO PUT A RESTRICTION ON THE MAXIMUM NUMBER OF RENTAL NIGHTS PER YEAR, THAT COULD BE DONE, AND THEN PARKING STANDARDS AND ANY OTHER SITE DESIGN CONSIDERATIONS THAT WERE APPROPRIATE. I THINK I FAILED TO MENTION ALL THESE GREEN CIRCLES.
REFERENCE THE TASK FORCE RECOMMENDATIONS THAT MAY BE ASSOCIATED WITH THESE.
SO WE TALKED ABOUT THIS BRIEFLY LAST TIME.
THERE'S NO CHANGE FROM WHAT WE TALKED ABOUT BEFORE THAT THE DEFINITIONS FOR ASSEMBLY HALL, INDOOR COMMERCIAL, AMUSEMENT AND BOARDING ROOMING HOUSE ARE PROPOSED TO BE UPDATED, AND A SMALL UPDATE TO PARKING IN REGARD TO BED AND BREAKFAST INN, AND THEN THE TASK FORCE RECOMMENDATION WAS TO DO A FULL CONSIDERATION OF PARKING CITYWIDE AS A SEPARATE PROJECT, SO THAT WE ARE NOT MISSING OUR CHANCE TO GET THIS DONE BEFORE THE INTERIM BAN EXPIRES NEXT MONTH.
IT IS ON PAGE 12 OF YOUR STAFF REPORT CALLS FOR SERVICE ARE CITIZEN GENERATED REPORTS TO PLANO POLICE, BUT THEY DO NOT NECESSARILY INDICATE THAT THERE WAS A VIOLATION, AND THEY ALSO DO NOT NECESSARILY INDICATE THAT THE PROPERTY WAS BEING USED AS A SHORT TERM RENTAL AT THE TIME OF THE CALL, BUT IT IS ESSENTIALLY THE BEST DATA THAT WE HAVE.
SO IN THE YEAR OF DATA WE HAVE BEFORE THE TIME OF THE INTERIM BAN, THERE WERE FIVE SINGLE FAMILY LIVE IN MANAGEMENT STRS THAT HAD ONE CALL FOR SERVICE, AND THEN FOR THE LIVE IN MANAGEMENT MULTIPLE ROOMS. I'M SORRY.
THE SINGLE FAMILY LIVE IN MANAGEMENT STRS WAS FOR SINGLE ROOMS. THERE WERE FIVE THAT HAD ONE CALL FOR SERVICE EACH.
FOR LIVE IN MANAGEMENT MULTIPLE ROOMS, THERE WERE ZERO CALLS FOR SERVICE.
ALL RIGHT, SO THIS ZONING CASE WAS FOUND TO BE IN COMPLIANCE WITH A NUMBER OF COMPONENTS OF THE COMPREHENSIVE PLAN, THE GUIDING PRINCIPLES, THE FUTURE LAND USE MAP AND DASHBOARDS, LAND USE POLICY AND LAND USE ACTION ONE NEIGHBORHOOD CONSERVATION POLICY AND ACTIONS NC ONE AND NC SIX.
WE DID GET A NUMBER OF RESPONSES FOR THIS CASE.
THIS SLIDE SHOWS THE NUMBER OF ONLINE RESPONSE THAT AS OF NOON ON FRIDAY.
SINCE THAT TIME WE HAVE HAD QUITE A FEW RESPONSES ON HAVE A RIGHT.
WE'VE ALSO RECEIVED A NUMBER OF EMAIL RESPONSES, BOTH BEFORE THE MARCH 18TH MEETING AND THEN FOR TODAY'S MEETING, AND AGAIN, WE'VE HAD QUITE A FEW RESPONSES SINCE WE PUBLISHED THE PACKET THAT WE ALSO PROVIDED TO THE COMMISSION.
SO AGAIN, IN SUMMARY, PROPOSED AMENDMENTS.
ALL STRS NEED TO BE REGISTERED.
THOSE THAT WERE OPERATING BEFORE THE INTERIM BAN ARE ALLOWED TO CONTINUE OPERATING.
I ALSO HAVE A SLIDE HERE OF A COMPARISON OF THE THREE OPTIONS IN REGARDS TO LIVE IN MANAGEMENT SINGLE ROOM.
I'M AVAILABLE FOR ANY QUESTIONS.
THIS IS. NO, NO, YOU HAVE TO WAIT.
[00:35:01]
OKAY THANK YOU STAFF AT THERE'S A TREMENDOUS AMOUNT OF DETAIL IN HERE AND ALL THE MAPS TOOK A LONG TIME THEN THOSE FIGURED OUT OUT OF.SO THANK YOU TO STAFF FOR THAT SO QUESTIONS FROM THE COMMISSION TO CHRISTINA.
CHRISTINA, JUST TO CLARIFY THE COTTAGE PORTION, BECAUSE THERE HAVE BEEN SOME SMALL CHANGES IN A CONVERSATION BEFORE THIS MEETING, MY UNDERSTANDING IS THAT BASICALLY A BACKYARD COTTAGE OR AN ACCESSORY DWELLING UNIT, IF I SAID THAT.
RIGHT. IS GOING TO BE CONSIDERED AS IF IT WAS ATTACHED TO THE HOUSE.
SO IF IT'S A ONE ROOM COTTAGE, IT'S A ONE ROOM RENTAL.
IF IT'S A MULTI ROOM COTTAGE, IT'S A MULTI ROOM SITUATION.
IS THAT THE CORRECT UNDERSTANDING? ESSENTIALLY, YES, AND IF THEY WANTED TO RENT OUT THE BACKYARD COTTAGE AND SOME ROOMS IN THE HOUSE, IT WOULD BE THE TOTAL NUMBER OF ROOMS THAT ARE BEING RENTED AS SHORT TERM RENTALS THAT WOULD CATEGORIZE THE, THE TYPE OF RENTAL THEY ARE.
OKAY. SO FOR ALL PRACTICAL PURPOSES, IT'S LIKE EVERY OTHER CATEGORY.
CORRECT. OKAY, AND THEN ON THE OFF SITE MANAGEMENT, JUST TO BE CLEAR, THERE IS NOT AN SUP PROCESS FOR OFF SITE MANAGEMENT IN RESIDENTIAL ZONING, CORRECT? THAT'S RIGHT. NO SSUP PROCESS FOR ANY TYPE OF ZONING ONLY ALLOWED IN THE NON RESIDENTIAL EXCEPT FOR THE ONE AND THE HERITAGE DISTRICTS.
THANK YOU VERY MUCH. I DID A LOT OF WORK SINCE THE LAST MEETING AND IT'S APPRECIATED.
OKAY. MR. OLLEY. CAN YOU ROLL THROUGH THE STATISTICS ON THE CALLS FOR SERVICE AGAIN? I WAS TRYING TO JOT THEM DOWN, BUT DON'T WRITE THAT FAST.
YES, AND IT'S ON PAGE 12 OF THE STAFF REPORT IF YOU HAVE THAT AVAILABLE.
SO FOR LIVE IN, THIS IS ALL FOR SINGLE FAMILY.
SO THIS IS ONLY FOR SINGLE FAMILY USES.
THERE ARE 5 OF THOSE THAT HAVE HAD ONE CALL FOR SERVICE, AND THEN NONE HAVE HAD 2 OR 3 OR MORE.
OTHER QUESTIONS. YES, COMMISSIONER TONG.
THANK YOU. CHAIRMAN. MR. CHAIRMAN, [INAUDIBLE].
THANK YOU CHRISTINA, THAT WAS WONDERFUL.
ONE IS THAT A LOT OF SLIDES IT SAYS THAT'S FOR IN MOST NON RESIDENTIAL AREAS.
CAN YOU GIVE US AN EXAMPLE THAT IS KIND OF OUTSIDE THAT MOST WHEN YOU SAY MOST I MEAN THERE ARE SOME AREAS THAT ARE NON RESIDENTIAL BUT ALSO NOT APPLICABLE I GUESS HERE.
SO FOR THE ALLOWANCE FOR THESE ALL THE STR TYPES TO BE ALLOWED IN NON RESIDENTIAL ZONING DISTRICTS, EXCEPT FOR ONE ALL SOME OF THOSE DISTRICTS ALLOW FOR MULTIFAMILY.
SO URBAN MIXED USE IS AN EXAMPLE.
SO THEY WOULD NOT NEED THAT 5% ALLOWANCE.
SO THIS WOULD APPLY MOSTLY JUST TO THE THREE MULTIFAMILY DISTRICTS.
THE SECOND QUESTION I HAD WAS MY UNDERSTANDING IS BASED ON WHAT WE'RE SEEING TONIGHT, BASICALLY ALL THE OFF SITE MANAGEMENT SHORT-TERM RENTALS ARE BANNED, PRETTY MUCH EXCEPT FOR IF THEY ARE IN THE MOST NON RESIDENTIAL DISTRICTS.
YES. SO I'LL JUST GO TO ONE OF THE MAPS HERE.
SO THOSE ARE LARGELY GOING TO BE THEY'RE NOT ALL THE OFF SITE MANAGEMENT STRS.
OKAY. SO AS A RESULT OF THAT, THERE WILL BE THERE THERE'S A NUMBER LIKE 232
[00:40:06]
NONCONFORMING USES RIGHT NOW.WOULD THEY BE GRANDFATHERED IN OR NO.
THAT'S RIGHT. THESE THESE NUMBERS HERE ON THE SCREEN THAT THEY BECOME CONFORMING IF THEY REGISTER.
THE NONCONFORMING ALSO NEEDS TO REGISTER AS WELL, BUT THE 323 OFF SITE MANAGEMENT STRS THAT ARE IN THAT ARE EXISTING UNDER THESE PROPOSALS, THEY WOULD BE GRANDFATHERED IN AND BUT WOULD BE REQUIRED TO REGISTER AND REMAIN AN ACTIVE SHORT TERM RENTAL, ESSENTIALLY TO KEEP THAT GRANDFATHERED STATUS.
OKAY. QUICK QUESTION FOR YOU JUST MENTIONED SOMETHING AND I THINK FOR EVERYONE'S CLARITY.
SO IF WE LOOK UP THERE, WE HAVE CONFORMING AND NON CONFORMING USES CURRENTLY STRS.
IF THEY REGISTER BECAUSE THEY'RE GRANDFATHERED, ESSENTIALLY, THEY ALL BECOME CONFORMING.
THEY REMAIN AS NONCONFORMING USES.
THAT'S A DIFFERENT STATUS THAN A CONFORMING USE.
OKAY, I THINK I MISHEARD YOU A WHILE AGO.
I THOUGHT YOU SAID ONCE THEY REGISTER, THEY BECOME CONFORMING.
NO. OKAY. YES. THANK YOU FOR CLARIFYING.
ANY OTHER QUESTIONS, MR. LISLE? THANK YOU CHRISTINA.
FOR THE SUPS WHEN I GO TO ARTICLE SIX IN OUR ZONING ORDINANCE.
6.10.1 IS THE BEGINNING OF THE SUP, AND IT SAYS THAT THE SPECIFIC USE PERMITS FOR THE USES INDICATED BY AN S IN THE USE TABLES OF SECTION 14.114.
200, BUT WHEN I LOOK AT OUR PACKETS, THERE'S NO S'S IN ANY OF THOSE CHARTS FOR OPTION ONE, TWO OR THREE. SO ARE WE JUST MISSING AN S, OR ARE THESE DOCUMENTED IN SOME WAY THAT'S DIFFERENT THAN OUR ZONING ORDINANCE CURRENTLY DOCUMENTS THEM? SO IT IS COMMON OR IT IS NOT UNCOMMON IN OUR ZONING ORDINANCE WHERE THE NUMBERS IN THE USE CHART REFER TO ANOTHER SECTION OR AN END NOTE, AND BECAUSE OF THE NUANCE OF SOME OF THESE ALLOWANCES, YOU WE CAN'T NECESSARILY JUST PUT AN S AND PEOPLE THINK IT'S ALWAYS AN S.
THAT'S ONE CONCERN ABOUT PUTTING AN S IN THERE.
SO WE WANT TO REFER PEOPLE TO SECTION 15.2300 I THINK SO THAT THEY CAN READ THE REQUIREMENTS TO FIND OUT IF A SPECIFIC USE PERMIT IS REQUIRED IN THEIR SPECIFIC SCENARIO.
SO IF YOU FOLLOW NOTE 56 TO THE 15 CHAPTER 15.
I DON'T KNOW, 23, IT TALKS ABOUT THE SUP REQUIREMENT THERE, RIGHT? YOU'D GO THERE, FIGURE OUT THE TYPE OF SHORT TERM RENTAL YOU ARE TALKING ABOUT, AND THEN SEE IF AN SUP IS REQUIRED.
WE REFER IN CONVERSATION AND THEN ALSO IN THE STAFF WRITE UP TO GRANDFATHERING, AND THEN GRANDFATHERING I N IN OUR CLEANUP OR IN OUR ADDITIONS AND SUBTRACTIONS TO ARTICLE EIGHT.
I DON'T SEE WHERE WE'RE DEFINING THAT WORD.
I SEE IN THE STAFF WRITE UP THAT IT'S TELLING US TO GO TO ARTICLE SEVEN, WHICH IS NON CONFORMING USES, BUT IF YOU LOOK AT STIPULATION ONE, TWO AND THREE IN NON CONFORMING USES, NONE OF THEM DESCRIBE WHAT HAS HAPPENED TO MAKE STRS CONFORMING OR NON CONFORMING USES, AND SO IT SEEMS LIKE THEY'RE GETTING SLID IN UNDER NON CONFORMING USES, BUT THE STIPULATIONS THERE THAT ALLOW IT TO BECOME A NON CONFORMING USE ARE NOT BEING MET, AND SO I THOUGHT Y'ALL WERE USING THE WORD GRANDFATHERING, AND WE'RE GOING TO DEFINE IT.
SO WE UNDERSTOOD WHAT IT WAS, BUT IT LOOKS TO ME LIKE GRANDFATHERING IS POINTING US TO ARTICLE SEVEN AND ARTICLE SEVEN THIS ISN'T THE WAY YOU CREATE A NON-CONFORMING USE F ROM MY READING OF IT, AND SO I JUST WONDERED WHAT.
SO FOR A COUPLE OF COMMENTS ON GRANDFATHERING, WE'RE USING THAT AS KIND OF A COMMON TERM, BUT WHEN WE SAY THAT WE MEAN A NON-CONFORMING USE, SO WE'RE USING THAT INTERCHANGEABLY, BUT IN THE ZONING ORDINANCE, WE CALL IT NONCONFORMING USE.
[00:45:04]
IN 15.2300, THE VERY LAST STANDARD, I THINK IT'S EITHER NUMBER 10 OR 9, DEPENDING ON THE OPTION.AS FAR AS WHAT ARTICLE SEVEN HAS I DON'T HAVE IT IN FRONT OF ME.
SO I'M NOT SURE THE SPECIFIC LANGUAGE THAT YOU'RE LOOKING AT, BUT IT'S 7.100 NONCONFORMING STATUS AND THEN IT SAYS NONCONFORMING STATUS SHALL EXIST UNDER THE FOLLOWING PROVISIONS OF THIS ORDINANCE, AND THEN IT GOES THROUGH 1.1.2 AND .3, AND IT'S IT EITHER EXISTED BEFORE 1956 OR IT WAS EFFECTIVE ON THE DATE THIS ORDINANCE OR STRUCTURE WAS IN EXISTENCE OR LAWFULLY CONSTRUCTED.
I'M ABBREVIATING HERE, AND THEN THE THIRD ONE, WHEN A STRUCTURE USE DOES NOT CONFORM TO THE REGULATIONS PRESCRIBED IN THE DISTRICT IN WHICH SUCH A USE OR STRUCTURE IS LOCATED, WAS IN EXISTENCE AT THE TIME OF ANNEXATION, AND SO I JUST THINK IT, IT, IT CLEARLY DOESN'T FIT IN ONE, TWO OR THREE, AND SO I THINK THERE'S ROOM.
IT'S JUST CONFUSING TO ME WHEN THERE'S A CHAPTER THAT'S TITLED NON-CONFORMING STATUS, AND WE'RE SAYING THESE ARE NON-CONFORMING STATUSES, BUT THEN YOU GO THERE AND THIS DOESN'T FIT. I WOULD SUGGEST THAT IT MAY FIT JUST READING THIS JUST NOW, VERY QUICKLY UNDER POINT TWO, WHERE IT SAYS WHEN THE EFFECTIVE DATE OF THIS ORDINANCE OR OF THIS ORDINANCE, THE USE OR STRUCTURE WAS IN EXISTENCE AND LAWFULLY CONSTRUCTED, LOCATED AND OPERATING IN ACCORDANCE WITH THE PROVISIONS OF THE ZONING ORDINANCE.
WHAT WAS THE EFFECTIVE DATE OF THIS ORDINANCE.
WE DON'T, I THINK, WE DON'T HAVE THE ORDINANCE YET.
THIS IS THE ORDINANCE, I DON'T KNOW.
THAT IS THE PROVISION WE'RE LOOKING AT POINT TWO.
RIGHT. BECAUSE WE DON'T HAVE THE REGISTRATION ORDINANCE YET.
THEY HAVE TO BE IN EXISTENCE AND THEN THEY HAVE TO PROBABLY.
I DON'T WANT TO SPEAK FOR COUNCIL, BUT COUNCIL WILL PUT SOME TIME FRAME ON REGISTRATION, RIGHT? THEY HAVE TO BE REGISTERED BY SOME CERTAIN DATE TO CONSIDER REGISTERED UNDER THE ORDINANCE.
IF THEY MISS THAT DATE NOW THEY'RE NOT GRANDFATHERED, SO THAT WOULD BE MY GUESS.
I THINK THAT IS THE GENERAL IDEA.
THANK YOU. THAT'S MY LAST QUESTION.
I'M GETTING A CRICK IN MY NECK LEANING INTO THE MIC, SO I'M GOING TO PULL IT EVEN CLOSER.
ALL RIGHT. ANY OTHER QUESTIONS FOR STAFF? OKAY, ONE MORE TIME.
DONE A GREAT JOB. I LIKE THAT YOU'VE MADE IT KIND OF SIMPLE FOR US.
WE CAN HAVE A DIALOG AROUND THOSE.
SOMEBODY GET ME, LIKE, A DRUM OR SOMETHING.
GET YOU AN OAK STUMP? AN OAK STUMP. THAT'LL WORK.
OKAY. I'M GOING TO OPEN THE PUBLIC HEARING BEFORE WE GET STARTED A COUPLE OF COMMENTS.
NEW VENUE. EVERYTHING WORKS A LITTLE DIFFERENT.
WE'RE ALL GOING TO WE'RE GOING TO WORK TOGETHER AND FIGURE THIS OUT.
THANK YOU FOR THAT. APPRECIATE IT.
MOST OF YOU, I THINK, PROBABLY HAVE SOMETHING TO SAY SIMILAR TO WHAT YOU'VE SAID BEFORE.
SO I'M GOING TO ASK YOU AGAIN.
KEEP IT BRIEF SO THAT WE'RE NOT ALL SITTING HERE VERY LATE TONIGHT.
I WOULD LOVE FOR YOUR COMMENTS TO BE SPECIFIC AROUND I SUPPORT THIS OPTION OR THIS OPTION OR THIS OPTION BECAUSE WE'VE ALL READ THROUGH THE OPTIONS, KIND OF GET A GOOD FEEL FOR IT, AND STAFF DID A FANTASTIC JOB.
REALLY KIND OF NARROWING IT DOWN TO THIS IS THE REAL DIFFERENCE BETWEEN OPTION ONE AND OPTION TWO.
THIS IS THE DIFFERENCE BETWEEN OPTION TWO AND OPTION THREE.
[00:50:03]
WE DON'T HAVE ANYBODY IN THE OVERFLOW ROOM AS FAR AS WE KNOW THAT'S A SPEAKER, BUT WE DO HAVE PEOPLE IN THE OVERFLOW ROOM.SO WE'RE GOING TO START WITH, I THINK WE HAVE ONE SPEAKER THAT ESL ENGLISH SECOND LANGUAGE THAT WE'RE GOING TO LET HER GO FIRST, AND WE'LL CUT HER A LITTLE SLACK ON THE TIME, AND THEN LIKE, LIKE I ASKED IF YOU WOULD KEEP IT TO A COUPLE OF MINUTES AND LET'S MOVE THROUGH THIS.
IS THAT TWO OR THREE MINUTES? TWO MINUTES. TWO MINUTES.
OKAY. JUST FOR THE RECORD, I WANTED TO STATE THERE'S LEAN INTO THE MIC.
THERE'S 23 REGISTERED OPINIONS, 12 IN SUPPORT, 11 OPPOSED, AND WE HAVE 20 REGISTERED SPEAKERS.
THE FIRST SPEAKER WILL BE DANIELLA SANTANA [INAUDIBLE].
AFTER THE TWO BIG UNFORTUNATE INCIDENTS OF 2022 AND 2023, ALMOST A YEAR AGO AND NOTHING BAD HAPPENED, THANK GOD IN ALL OF THAT PERIOD FROM 2023 TO NOW, AND I AGREE THAT HAVE BEEN A HIGH CONCERN REGARDING THE REGULATION OF SHORT TERM RENTALS IN PLANO.
IT IS PUBLIC KNOWLEDGE THAT THE PEOPLE THAT ARE WORKING IN THIS ASSIGNMENT ARE USING THE MODEL OF THE CITY OF ARLINGTON, BUT PLANO IS NOT ARLINGTON.
WE DON'T HAVE THE TOURIST ATTRACTION LIKE AT&T STADIUM, SIX FLAGS HURRICANE HARBOR NEITHER.
WE HAVE ENTERTAINMENT DISTRICT.
PLANO IS A SUBURB OF DALLAS, WITH THE ONLY ATTRACTION BEING A FEW BLOCKS OF DOWNTOWN PLANO.
THE PROPOSED CHANGE, STRS ORDINANCE AND ZONING, APPEARS TO BE A RUSH TO JUDGMENT AND LACKING SUBSTANTIAL DATA TO SUPPORT SUCH DRASTIC MEASURES.
MAKING SWEEPING CHANGES WITHOUT A CLEAR UNDERSTANDING OF THE PROBLEM COULD LEAD TO CHAOS AND LESS CONSEQUENCE FOR BOTH RESIDENTS AND SHORT TERM RENTAL OPERATORS.
TO ADDRESS THESE ISSUES, I SUGGEST EXTENDING THE BAN OF NEW SHORT TERM RENTAL.
THIS WILL MAINTAIN THE STATUS QUO.
ALLOW FOR IMPLEMENT IMPLEMENTATION OF THE REGISTRATION PROCESS FOR EXISTING GRANDFATHER'S STRS.
THIS APPROACH WILL ALLOW YOU TO MONITOR AND REGULATE EXISTING STR EFFECTIVELY.
BY IMPLEMENTING THIS, WE CAN GATHER IMPORTANT DATA OVER THE NEXT YEAR.
THIS DATA WILL HELP YOU UNDERSTAND THE TRUE EXTENT OF THE ISSUES RELATED TO STRS.
WITH THE INFORMATION, YOU CAN THEN MAKE INFORMED DECISION OF ANY NECESSARY ORDINANCE CHANGE.
BY EXTENDING THE BAN OF NEW SHORT-TERM RENTALS, IMPLEMENTING A FAIR REGISTRATION PROCESS, AND GATHERING DATA OVER THE NEXT YEAR, WE CAN ADDRESS THE ISSUES RELATED TO STRS IN A CLEAR AND EFFECTIVE MANNER.
THE APPROACH WILL ENSURE THAT ANY CHANGE MADE TO THE ORDINANCES ARE BASED ON REAL DATA, AND WILL LEAD TO LONG TERM SOLUTION THAT BENEFITS OUR COMMUNITY. THANK YOU SO MUCH.
THANK YOU [APPLAUSE]. OKAY, CALL THE NEXT THREE JUST SO THAT THEY'RE AWARE, BECAUSE ALL OF OUR SPEAKERS ARE IN THIS ROOM, AND WHEN SHE CALLS YOUR NAME, THERE ARE EMPTY SEATS UP FRONT.
THE FIRST SPEAKER IS BILL FRANCE, FOLLOWED BY BILL BAKER AND THEN STEPHEN CARACAS.
GOOD EVENING. CAN EVERYONE HEAR ME? OKAY. YES.
GOOD EVENING, MEMBERS OF THE PLANO PLANNING AND ZONING COMMISSION.
MY NAME IS BILL FRANCE I'M REPRESENTING THE PLANO, TEXAS NEIGHBORHOOD COALITION.
WE STRONGLY OPPOSE THE PROLIFERATION OF SHORT TERM RENTALS IN OUR RESIDENTIAL NEIGHBORHOODS.
I ASK AT THIS TIME FOR ALL SUPPORTERS TO PLEASE STAND.
WE LEND OUR FULL SUPPORT TO OPTION THREE OF THE PROPOSED ZONING ORDINANCE.
[00:55:02]
EXCLUDING SINGLE FAMILY RESIDENTIAL NEIGHBORHOODS.THIS ENSURES THE TRANQUILITY AND INTEGRITY OF THESE AREAS.
OPTIONS ONE AND TWO WOULD OPEN THE FLOODGATES TO MANY HOTELS THROUGHOUT PLANO, DESTROYING THE FABRIC OF SINGLE FAMILY NEIGHBORHOODS. AUSTIN'S.
YOUR SERVICE TO OUR COMMUNITY IS INVALUABLE.
THANK YOU. THANK YOU [APPLAUSE].
STEPHEN CARACAS AND THEN MARK ASHER.
GOOD EVENING, MR. CHAIRMAN, AND COMMISSION.
GOOD EVENING. THERE YOU GO, MR. CHAIRMAN, AND COMMISSION MEMBERS.
WHILE I DO SUPPORT OPTION THREE, I DO NOT SUPPORT HAVING NEW STRS IN SINGLE FAMILY NEIGHBORHOODS.
WHILE IT IS THE INTENT OF THE ORDINANCE TO ALLOW EXISTING SHORT TERM RENTALS TO CONTINUE, THE LANGUAGE THAT I NOTICED AT THE VERY TOP OF THE DOCUMENT SAYS ALL SHORT TERM RENTALS THAT ARE OPERATING BEFORE THE INTERIM BAN ARE ALLOWED TO CONTINUE OPERATING.
HOW EXACTLY OR WHAT EXACTLY DOES THAT MEAN? I DON'T KNOW.
ADDITIONALLY, THE DEFINITION OF ROOM BOTHERS ME TO SOME EXTENT.
IT IS A SLEEPING QUARTER WHICH MUST INCLUDE A PLACE FOR PEOPLE TO SLEEP IS TOO VAGUE.
I COULD PUT 12 PEOPLE IN MY LIVING ROOM IF I CHOSE TO CALL IT A SLEEPING QUARTER.
I DON'T THINK THAT'S THE INTENT, SO WHY NOT ADD SOME LANGUAGE? A ROOM IS A BEDROOM WITH BEDS WHERE GUESTS CAN SLEEP.
IT DOES NOT INCLUDE ROOMS THAT ARE TRADITIONALLY CALLED KITCHENS, BATHROOMS, HALLWAYS, LIVING ROOMS, DENS, OFFICES, PATIOS OR PORCHES.
LET'S BE CLEAR, I THINK WE ALL THINK OF A BEDROOM, BUT IT DOESN'T SAY THAT.
I DOUBT THESE SUGGESTIONS WOULD INTERFERE WITH ANY OF THE EXISTING SHORT TERM RENTALS.
STEPHEN KYRIAKOS, MARK ASHER, AND MARK PULLIAM.
GOOD EVENING. MY NAME IS STEPHEN KYRIAKOS.
I LIVE AT 2617 BARRINGTON DRIVE.
I'M A 21-YEAR RESIDENT OF PLANO.
I LIKE THE THREE OPTIONS PRESENTED AND I'M IN FAVOR OF OPTION THREE.
IT BEST SUPPORTS THE FINDINGS OF THE TASK FORCE, MULTIPLE OPEN HOUSES, AND MULTIPLE PUBLIC SURVEYS.
IT'S SIMPLE, CONCISE, AND MOST IMPORTANTLY, EASILY ENFORCEABLE.
AFTER ALL, WHAT GOOD IS AN ORDINANCE IF IT'S NOT ENFORCEABLE OR DEFENDABLE? THANK YOU AGAIN FOR YOUR HARD WORK AND YOUR DEDICATION IN MAKING THIS RIGHT.
MARK ASHER, MARK PULLIAM AND THEN LYNN MCCLYMOND.
GOOD EVENING. MEMBERS OF THE PLANO PLANNING AND ZONING COMMISSION.
MY NAME IS MARK ASHER, AND I'VE BEEN A RESIDENT OF PLANO FOR 14 YEARS.
THE TOTAL NUMBER AND DISTRIBUTION OF WHOLE HOUSE STRS THROUGHOUT PLANO IS VERY LOW.
THERE ARE ROUGHLY 400 WHOLE HOUSE STRS OUT OF 75,000 SINGLE FAMILY DWELLINGS ATTACHED AND DETACHED.
THIS CONSTITUTES APPROXIMATELY ONE HALF OF 1% OF THE SINGLE FAMILY HOUSING STOCK.
[01:00:03]
ALREADY BE ALLOWED IN ALL THREE OPTIONS.THIS DATA CONTRADICTS CLAIMS THAT NEIGHBORHOODS ARE BEING OVERRUN BY STRS.
I WOULD LIKE TO PROPOSE THAT INSTEAD OF TAKING AN EXTREME POSITION THAT EFFECTIVELY BANS WHOLE HOUSE STRS FROM ALMOST ALL AREAS IN PLANO, THE COMMISSION SHOULD INSTEAD CONSIDER IMPLEMENTING DENSITY AND PROXIMITY LIMITS FOR NEW WHOLE HOUSE STRS TO PREVENT CLUSTERING OF STRS NEAR EACH OTHER, LIKE WHAT HAS ALREADY BEEN PROPOSED IN OPTION TWO FOR SINGLE ROOM STRS, MINIMUM SEPARATION REQUIREMENTS WOULD SEEM TO BE APPROPRIATE TO ADDRESS SUCH A CONCERN AND COULD BE EVALUATED AS PART OF A PUBLIC HEARING.
AN EXAMPLE WOULD BE TO SPECIFY THAT IN SINGLE FAMILY RESIDENTIAL ZONED AREAS, THERE WOULD BE A 1% CAP ON STR HOUSING UNITS PER CENSUS TRACT, AND THAT EACH WHOLE HOUSE STR BE AT LEAST 600FT AWAY FROM ANOTHER SHORT TERM RENTAL, OR LIKEWISE BE ALLOWED BY SPECIAL EXEMPTION.
I THINK THIS TYPE OF APPROACH WOULD ALLOW FOR BOTH FAIR AND REASONABLE USE OF SINGLE FAMILY DWELLINGS, AS OFFSITE MANAGED STRS IN RESIDENTIAL AREAS, WHILE PROVIDING SAFEGUARDS TO MAINTAIN THE OVERALL FABRIC OF THE NEIGHBORHOODS.
THANK YOU FOR YOUR TIME AND CONSIDERATION.
LYNN MCCLYMOND VIA ZOOM, AND THEN GREG PATTILLO.
BEEN A RESIDENT OF PLANO CONTINUOUSLY SINCE 1989, PLUS SOME YEARS BEFORE THEN.
MY FAMILY LIVES IN A SINGLE FAMILY HOUSE IN A SINGLE FAMILY NEIGHBORHOOD WITHOUT AN HOA.
SO WE HAVE TO RELY ON THE CITY FOR ENFORCEMENT OF ORDINANCES THAT ARE SUPPOSED TO PROTECT OUR FAMILY AND OUR PROPERTY, AND I'M IN FAVOR OF OPTION THREE AND ONLY OPTION THREE, AND WE'LL GET TO THAT IN A SECOND.
CITIZENS, WHICH WAS 79% THAT EITHER DID NOT WANT AN STR OR WERE UNCOMFORTABLE WITH STRS NEAR THEM.
THAT'S DATA THAT YOU ALL HAVE.
OPTION THREE IS NOT A TAKING AND DOES NOT INFRINGE ON AN EXISTING STR OWNER'S PROPERTY RIGHTS.
THOSE EXISTING OWNERS WOULD BE GRANDFATHERED AND SO ARE PROTECTED.
OPTION THREE DOES LIMIT NEW STRS TO ONLY APPROPRIATELY ZONED DISTRICTS IN THE CITY OR BY SUP.
OPTIONS ONE AND TWO WOULD BASICALLY SAY EVERY SINGLE HOUSE IN PLANO COULD BE AN STR.
THAT'S CLEARLY NOT WHAT ANYONE WANTS.
OPTION AND THE AND OPTIONS ONE AND TWO.
ALSO THE 2 TO 5 IS A VERY SLIPPERY SLOPE ON THAT ONE.
I WAS JUST LOOKING ON ZILLOW AND THEY HAVE YOU CAN LOOK ON AN APP AND JUST TYPE IT IN ADDRESS THAT YOU KNOW IS A RENTAL AND HE GOES HE'S ACTUALLY LOOKING AT ONE A MINUTE AGO AND IT'S LIKE WE HAVE FIVE BEDROOMS. WELL, IT WAS A FOUR BEDROOM HOUSE.
THEY CONVERTED THE GARAGE INTO ANOTHER BEDROOM RENTING IT OUT FOR $750 A PIECE.
THAT'S NOT WHAT WE WANT TO BE GOING TO CITIES, NOT GOING TO BE ABLE TO ENFORCE THAT OR REGULATE IT.
DID THEY PERMIT IT? HOW ABOUT THE WIRING? IT GOES ON AND ON. SO YOU DON'T WANT TO DO OPTION 1 OR 2.
YOU'RE GOING TO HEAR A LOT FROM STR SUPPORTERS TONIGHT.
THEY ARE A SMALL AND THEY USED TO BE AN ORGANIZED GROUP.
THEY SEEM TO BE REFLECTING THEIR ARGUMENTS REFLECT ALMOST EXACTLY AIRBNB'S CURRENT ADVERTISING.
SO BASICALLY WE HAVE THE OPPONENTS.
WE HAVE LYNN MCCLYMOND VIA ZOOM AND THEN FOLLOWED BY GREG PATTILLO AND THEN CINDY PATTILLO.
IF YOU COULD UNMUTE. THANK YOU.
SORRY. GOOD EVENING I'M LYNN MCCLYMOND.
OKAY. WE'RE NOT GOING TO BE ABLE TO HEAR YOU.
HANG ON ONE SECOND. LET'S SEE IF WE CAN SOLVE THIS.
I THINK IT'S ON OUR END, NOT YOURS.
SO GIVE US A SECOND HERE TO SEE IF WE CAN.
CAN YOU SAY SOMETHING? GOOD EVENING. WE CAN BARELY HEAR YOU, BUT WE'RE WE'RE TRYING TO RESOLVE IT.
I AM LYNN MCCLYMOND, AND I'VE LIVED AT 4021 ELM HILL DRIVE FOR THE PAST 28 YEARS.
THERE'S BEEN A LOT OF TALK OVER THE PAST YEARS ABOUT A VARIETY OF PROBLEMS WITH STRS, AND I DON'T WANT YOU TO LOSE SIGHT OF THE REAL ISSUE, AND THAT IS SAFETY.
[01:05:01]
PEOPLE NO LONGER FEEL SAFE IN THEIR OWN NEIGHBORHOODS BECAUSE OF STRS.I HAVE AN STR THREE DOORS DOWN FROM ME.
SHORT TERM RENTERS ARE STRANGERS AND THEY CHANGE EVERY COUPLE OF DAYS.
I MOVED OUT OF AN APARTMENT IN DALLAS TO PLANO BECAUSE I WANTED TO KNOW MY NEIGHBORS, AND I DIDN'T WANT TO LIVE IN A PLACE THAT PEOPLE WERE MOVING IN AND OUT OF EVERY COUPLE OF MONTHS.
NOW THERE ARE STRANGERS MOVING IN AND OUT EVERY COUPLE OF DAYS.
WE USED TO HAVE A NEIGHBORHOOD CRIME WATCH.
WE FEEL OUR SAFETY HAS BEEN JEOPARDIZED IN OUR NEIGHBORHOOD BECAUSE OF THE STR.
THE CITY OF PLANO USED TO PRIDE ITSELF ON BEING ONE OF THE SAFEST CITIES IN AMERICA, AND IT'S ONE OF THE REASONS WHY I MOVED HERE, BUT IF SOMEBODY ASKED ME TODAY IF I FEEL SAFE IN MY PLANO NEIGHBORHOOD, I WOULD SAY NO.
I WOULD LIKE THE CITY OF PLANO TO LIVE UP TO THE VISION, TO KEEP RESIDENTIAL NEIGHBORHOODS SAFE, AND TO FOSTER A SHARED SENSE OF COMMUNITY. PLEASE BRING BACK SAFETY AND A SENSE OF SHARED COMMUNITY TO SINGLE FAMILY RESIDENTIAL NEIGHBORHOODS.
GREG PATTILLO, CINDY PATTILLO, AND THEN JENNIFER ASHER.
GOOD EVENING, MEMBERS OF PLANNING AND ZONING COMMISSION AND STAFF.
MY NAME IS GREG PATTILLO. I LIVE AT 6229 WESTCHESTER LANE 75093.
WHILE IT IS FAIR TO INCLUDE LIVE-IN MANAGEMENT STRS IN THE SO-CALLED SHARING ECONOMY, IT IS NOT ACCURATE TO SUGGEST THAT AIRBNB IS NO DIFFERENT THAN UBER OR LYFT. IF MY NEIGHBOR WANTS TO DRIVE FOR UBER, THEN THE EXTRA 10 TO 15,000 MILES THEY PUT ON THEIR CAR HAVE NO IMPACT TO THE VALUE OF MY CAR.
MY NEIGHBOR AND THEIR PASSENGER BOTH ASSUME THE RISK ASSOCIATED WITH PLACING THEMSELVES IN AN AUTOMOBILE WITH SOMEONE THEY DO NOT KNOW, AND HAVE LITTLE CONTROL OVER THEIR BEHAVIOR, AND THE RISK GENERALLY EXTENDS TO NO FURTHER THAN THE AUTOMOBILE.
MY NEIGHBORS WITH SMALL CHILDREN WOULD CERTAINLY NOT ACCEPT SUCH RISK, AND IN CASE YOU'RE UNFAMILIAR WITH TEXAS LAW, NOTIFICATION IS NOT REQUIRED BY SEX OFFENDERS UNLESS THEY ARE GOING TO BE AT A LOCATION FOR MORE THAN SEVEN DAYS, AND WHILE CONSUMERS HAVE BENEFITED FROM THE DISRUPTION OF THE TAXI INDUSTRY BY THE RIDESHARE PLATFORMS, THE SHORT TERM RENTAL PLATFORMS HAVE NOT HAVE NOT SIGNIFICANTLY DISRUPTED THE HOTEL INDUSTRY.
IN FACT, BETWEEN 2019 AND 2023, THE PRICE FOR THE AVERAGE AIRBNB ROSE BY 36%, WHILE PRICES ACROSS MAJOR HOTELS CHAINS SUCH AS HILTON AND MARRIOTT ROSE BY 12.8 AND 7.8%, RESPECTIVELY.
THE RESPONSE FOR THE HOTEL INDUSTRY HAS BEEN TO FOCUS ON PROVIDING AMENITIES AND REWARD PROGRAMS THAT PROPERTIES OPERATED AS SHORT TERM RENTALS CANNOT OFFER, AND LAUNCH SHORT TERM RENTAL VACATION PLATFORMS OF THEIR OWN TO ADDRESS THE ONE AREA WHERE THEY DID FEEL THE DISRUPTION, AND THAT IS IN LONGER STAYS, AND WHILE IT'S ABOUT FIVE YEARS LATE, GOVERNOR ABBOTT IS NOW WAKING UP TO THE REALITY OF THE CONSEQUENCES OF THIS TREND.
IT'S NOT JUST THE INCREASE IN HOUSING COSTS OF BOTH HOME PRICES AND RENT ASSOCIATED WITH THE LACK OF HOUSING INVENTORY, BUT THE LOSS OF HOME OWNERSHIP OPPORTUNITIES THAT HAVE HISTORICALLY BEEN SO CRUCIAL FOR THE MIDDLE CLASS TO BUILD AND TRANSFER GENERATIONAL WEALTH.
I'M IN FAVOR OF OPTION THREE BECAUSE IT OFFERS THE CITY THE OPPORTUNITY TO LIMIT THE COST REQUIRED TO ADMINISTER AND ENFORCE THE REGISTRATION AND REGULATION OF SHORT TERM RENTALS, AS WELL AS THE LOSS OF HOUSING INVENTORY, AND ELIMINATES THE NEED FOR FUTURE CONSIDERATION OF AN INDUSTRY THAT COULD HAVE A SIGNIFICANT IMPACT ON HOUSING INVENTORY THAT IS UNACCOUNTED FOR IN THE CITY'S COMPREHENSIVE PLAN.
THANK YOU SO MUCH FOR YOUR TIME, I APPRECIATE THAT.
THANK YOU, THANK YOU, AND WHILE WE'RE WAITING ON OUR NEXT SPEAKER.
WHAT'S YOUR NAME, SIR? YES. WARREN PARKER.
OH, THANKS FOR BEING THE DOORMAN OVER THERE.
[CHUCKLING] I APPRECIATE THAT.
HAVE CINDY PATTILLO, JENNIFER ASHER, AND FOLLOWED BY CATHERINE PARKER.
IF YOU HAVE THIS CLOSE BY, THIS IS JUST AN ILLUSTRATION OF WHAT I'M GOING TO TALK ABOUT.
SORRY. I LIVE AT 6229 WESTCHESTER LANE.
[01:10:03]
OPTION ONE OUTRIGHT ALLOWS NEW LIVE IN SINGLE ROOM, SHORT TERM RENTALS IN OUR NEIGHBORHOODS, WITH NO LIMITS ON DENSITY.A SUPERMAJORITY OF RESIDENTS WHO PARTICIPATED IN THE PUBLICLY AVAILABLE, WELL RESPONDED TO SHORT TERM RENTAL SURVEY, SO THEY WOULD NOT BE COMFORTABLE WITH A SHORT TERM RENTAL ON THEIR BLOCK. THEY DID.
THEY DID NOT SAY IT WOULD BE OKAY AS LONG AS THERE ARE ONLY 600FT APART.
I ASK YOU RESPECTFULLY TO PLEASE VOTE YES TO OPTION THREE.
JENNIFER ASHER, CATHERINE PARKER, AND ASHLEY MCDANIEL.
THE RESEARCH ON SHORT TERM RENTALS IN PLANO SEEMS TO BE EXCEEDINGLY WEAK.
NO EVIDENCE WAS DEVELOPED THAT WOULD INDICATE WHO OWNS AND MANAGES THE SHORT TERM RENTALS WHERE SHORT TERM RENTAL OWNERS LIVE PLANO RESIDENTS VERSUS OUT OF TOWN, HOW MANY PROPERTIES AN OWNER OPERATES OR CONVERSELY, HOW MANY PROPERTIES ARE THE SOLE LISTING OF THEIR OWNER.
HOW OFTEN SHORT TERM RENTALS ARE BOOKED.
TOTAL NIGHTS BOOKED, AVERAGE LENGTH OF BOOKINGS, AVERAGE OCCUPANCY RATES, AVERAGE NIGHTS, PRICE PER NIGHT, ANY INFORMATION WHATSOEVER ABOUT GUESTS, WHY THEY VISIT, HOW LONG THEY VISIT, THE SIZE OF GROUPS OR THE NATURE OF THEIR VISITS.
THE CFS DATA INDICATES REPEAT PROBLEMS AT A HANDFUL OF AT AS A HANDFUL OF LISTINGS.
RULES TAILORED TO ADDRESS IT TO ADDRESS SUCH NUISANCES ARE APPROPRIATE.
CHIEF DRAIN STATED AS MUCH TO THE TASK FORCE.
SIMILAR INCIDENTS HAVE OCCURRED AT LONG TERM RENTALS AND OWNER OCCUPIED PROPERTIES.
LACKING SUFFICIENT DATA, THE VARIOUS ITERATIONS OF THE PROPOSED ZONING ORDINANCES ARE SIMPLY GUESSING AS TO HOW SHORT TERM RENTALS OPERATE AND WHAT WOULD CONSTITUTE A FAIR AND REASONABLE BALANCING OF THE INTEREST OF SHORT TERM RENTAL OWNERS AND THEIR NEIGHBORS.
ONE EXAMPLE OF THIS WAS PERFECTLY GIVEN.
AS FAR AS THE CALLS TO THE POLICE, THERE WAS NO COMPARISON OF HOW MANY CALLS TO THE POLICE AT OTHER RESIDENCES THERE WERE IN THE YEAR, AND HOW THAT WOULD COMPARE TO AT THE SHORT TERM RENTAL HOUSES.
CATHERINE PARKER, FOLLOWED BY ASHLEY MCDANIEL AND THEN GINA [INAUDIBLE].
GOOD EVENING, COMMISSIONERS, CITY STAFF.
MY HUSBAND I LIVE AT 2112 WILLOWBROOK WAY IN PLANO.
I'M A MEMBER OF THE PLANO CHAPTER OF THE TEXAS NEIGHBORHOOD COALITION, AND I'M ASKING YOU TO RECOMMEND OPTION THREE TO CITY COUNCIL AS THE SHORT TERM RENTAL ZONING ORDINANCE FOR THE CITY.
I GREW UP IN PLANO WHEN THIS TOWN WAS 17,000 PEOPLE, AND 544 WAS A TWO LANE ROAD.
IN FACT, I OFTEN CAME TO THIS LIBRARY WHEN I WAS A CHILD.
MY HUSBAND AND I HAVE LIVED IN MANY CITIES THROUGHOUT THIS COUNTRY.
TEN YEARS AGO, WE RETURNED TO PLANO AND PURCHASED OUR HOME IN A SINGLE FAMILY NEIGHBORHOOD.
WHEN WE MADE THIS PURCHASE, THE BIGGEST INVESTMENT OF OUR LIVES.
WE EXPECTED TO LIVE WITH NEIGHBORS, NOT TRANSIENTS WHO ARE PAYING FOR OVERNIGHT LODGING.
[01:15:02]
PLANO IS A GREAT CITY WITH THRIVING, HEALTHY NEIGHBORHOODS AND EXCELLENT CITY SERVICES, BUT GREAT CITIES DO NOT HAPPEN BY ACCIDENT.THEY HAPPEN WITH CAREFUL PLANNING AND A FOCUS ON WHAT'S BEST FOR ITS RESIDENTS, AND WHAT'S BEST FOR PLANO IS GETTING SHORT TERM RENTALS OUT OF OUR SINGLE FAMILY NEIGHBORHOODS.
OPTION THREE IS THE RIGHT WAY TO ACCOMPLISH THIS.
ASHLEY MCDANIEL, FOLLOWED BY JENNA [INAUDIBLE] AND THEN EDDIE LEDERER.
YOU DON'T LOOK LIKE AN ASHLEY.
[CHUCKLING] THAT'S WHAT A LOT OF PEOPLE THINK.
I LIVE WITH MY WIFE AND KIDS AT 3604 STAGECOACH TRAIL.
FACTS ARE WHAT MATTER, NOT FEELINGS.
JUST BECAUSE SOMEBODY FEELS SCARED DOESN'T MEAN THEY'RE ACTUALLY IN DANGER.
LESS THAN 1% OF HOUSES ARE SHORT TERM RENTALS, AND THE CALLS FOR SERVICE PROVE.
THAT IT'S A TINY NUMBER OF CALLS.
LESS THAN 60 SEEMS LIKE A BIG NUMBER, BUT NOT WHEN YOU COMPARE THE TOTAL NUMBER OF CALLS GIVEN.
IN ADDITION, BASIC PROPERTY RIGHTS ARE THE FOUNDATION OF BOTH THE ECONOMY AND PERSONAL FREEDOM.
THERE IS A 1 TO 1 CORRELATION.
TAKING THOSE AWAY REDUCES BOTH THE FREEDOM AND THE ECONOMY OF EVERYBODY.
THIS HAS BEEN PROVEN AROUND THE WORLD, IN OTHER NATIONS AS WELL AS THE UNITED STATES.
NONE OF THESE THREE OPTIONS IS A GOOD TERM.
NONE OF THEM IS A GOOD SOLUTION.
ALL IT DOES IS WEAKEN THE RIGHTS OF PROPERTY OWNERS FOR THE FEELING OF THREAT.
NONE OF THESE ARE GOOD OPTIONS, AND NONE OF THEM SHOULD BE PASSED WHEN YOU BAN 80% OF CURRENT USES.
THANK YOU SIR. GINA [INAUDIBLE], EDDIE LEDERER, FOLLOWED BY BARBARA FRANCE.
I'M NOT GINA. SHE'S GOING TO PASS.
I DO THIS ABOUT 45% OF THE TIME.
THE REST OF THE TIME I USE MY MY HOME MYSELF.
IT PROVIDES A SOURCE OF RETIREMENT INCOME FOR ME.
I HAVE NO PLANS ON BUYING ANOTHER HOME IN PLANO.
I HAVE NO PLANS OF EXTENDING MY STR FOOTPRINT, IF YOU WILL.
I GUESS WHY DO I CARE ABOUT THIS NEW BAND SO MUCH? I GUESS NOT ALLOWING OTHER SHORT TERM RENTALS WOULD CREATE LESS COMPETITION FOR ME.
THE REASON I CARE ABOUT IT IS BECAUSE I BELIEVE THAT THIS OUTRIGHT BAND IS VERY HEAVY HANDED MEASURE AND IT'S NOT BALANCED, IT'S NOT FAIR, AND IT'S NOT SUPPORTED BY THE DATA. I THINK THAT I THINK THE RETIREES IN THE YEARS TO COME, AND I THINK THAT THEY SHOULD HAVE A RIGHT TO OFFSET THEIR INCOME IF THEY NEED TO RENT OUT A ROOM IN THEIR HOME OR IF THEY NEED TO RENT OUT THEIR HOME.
WHY NOT ALLOW STRS WITH DENSITY RESTRICTIONS? WE TALKED ABOUT 400 TOTAL STR 75,000 HOMES, ONE HALF PERCENT.
IMPLEMENTING BLANKET REZONING REGULATIONS THAT PUNISH RESPONSIBLE RESIDENTS.
I DO NOT THINK IS THE SOLUTION.
I THINK WE REALLY SHOULD FOCUS ON THE 7 TO 10 BAD ACTORS THAT ARE OUT THERE, AND WE'VE ONLY GOT 400 STRS OUT THERE, AND THAT'S WITH NO REGULATIONS, NO REGISTRATION WHATSOEVER, AND I DON'T THINK THIS WILL BE A BIG GROUP OF PEOPLE COMING IN TO DO STRS LOCALLY.
I HAD A QUESTION ABOUT THE SUMMARY.
THERE WAS ONE WORD ABOUT THAT.
IT SAID ALL SHORT TERM RENTALS THAT WERE OPERATING BEFORE THE INTERIM BAN ARE ALLOWED TO CONTINUE.
I'VE RENTED A TWO ROOM WHOLE HOUSE, THREE ROOM WHOLE HOUSE.
SO MY QUESTION IS IF MY CIRCUMSTANCES CHANGED AND MEDICALLY I'VE GOT TO STAY HERE NOW, AM I ABLE TO RENT ONE ROOM, TWO ROOMS OR THREE ROOMS WITHOUT ALL OF THE NEW RESTRICTIONS ASSOCIATED WITH IT? AND LASTLY, REGARDING THE PROPOSED TWO DAY MINIMUM ON, EVEN THOUGH I CHOOSE NOT TO DO A ONE DAY BOOKING, IS THE P&Z SEEKING TO IMPOSE REGULATIONS THAT WOULD RESTRICT MY GRANDFATHERED RIGHTS? THANK YOU. THANK YOU.
BARBARA FRANCE, ANNE HILL, AND THEN ELENA BURKE.
[01:20:07]
GOOD EVENING, COMMISSIONERS.I LIVE AT 2712 BARRINGTON DRIVE.
YOU'VE HEARD ARGUMENTS AGAINST ZONING STRS HERE IN PLANO BECAUSE WE ARE NOT LIKE ARLINGTON.
WE ARE NOT A VACATION DESTINATION, AND IT'S TRUE.
WE ARE NOT EXACTLY LIKE ARLINGTON OR RICHARDSON OR FRISCO OR ALLEN.
WE ARE A SUBURBAN CITY WITH A UNIQUE IDENTITY.
IN FACT, PLANO HAS ADOPTED A NEW COMPREHENSIVE PLAN IN ORDER TO MAINTAIN OUR DISTINCT CHARACTER, GUIDING FUTURE DEVELOPMENT WITH PRINCIPLES WHICH INCLUDE ENHANCING THE QUALITY OF LIFE, STRIVING TO MEET THE NEEDS AND PRIORITIES OF CURRENT RESIDENTS, PROMOTING SAFETY, VIABILITY AND VIBRANCY IN PLANO'S EXISTING NEIGHBORHOODS, AND RESPECTING THE SUBURBAN CHARACTER OF PLANO.
SO EVEN THOUGH WE ARE NOT LIKE ARLINGTON, WE DO WANT TO FOLLOW THE ARLINGTON MODEL BECAUSE THEY WERE SUCCESSFUL SUCCESSFUL IN IMPLEMENTING AN ORDINANCE THAT WAS LOGICAL, ENFORCEABLE AND DEFENSIBLE AND THAT WORKED FOR THEIR CITY.
OUR CITY LEADERS HAVE LISTENED TO THE CONCERNS OF THE CITIZENS.
THEY HAVE COLLECTED VAST AMOUNTS OF DATA.
IT IS NOW TIME TO PASS AN ORDINANCE THAT'S CUSTOM FIT FOR PLANO ONLY.
OPTION THREE REFLECTS THE GUIDING PRINCIPLES OF THE COMPREHENSIVE PLAN, THE EXPECTATIONS OF THE CITIZENS OF PLANO, AND SUPPORTS THE THOROUGH RESEARCH CONDUCTED BY THE CITY. PLEASE SUPPORT OPTION THREE BY SENDING THIS SOLUTION TO THE CITY COUNCIL FOR CONSIDERATION.
ELENA BURKE AND KRISTEN REINECKER.
GOOD EVENING, CHAIR AND COMMISSION MEMBERS AND CITY STAFF, I WANT TO THANK YOU FOR YOUR THOUGHTFUL, EXTENSIVE, AND RIGOROUS STUDY OF THIS ISSUE. MY NAME IS ANNA HILL.
I AM A HOMEOWNER IN PLANO AND HAVE LIVED HERE FOR 20 YEARS.
I'M HERE TO SUPPORT OPTION THREE.
AS AN ATTORNEY, I AM COMPELLED TO RETURN THIS CONVERSATION TO ONE ABOUT THE LAW.
EMOTIONS ASIDE, AT THE END OF THE DAY, THIS IS A LEGAL QUESTION.
AS I'VE SAID BEFORE, PROPERTY LAW AT ITS CORE IS NOTHING BUT A BASIS OF EXPECTATION.
AS YOU WELL KNOW, ZONING LAWS ARE CREATED TO SET AND PROTECT THESE EXPECTATIONS.
PLANO THOUGHTFULLY CREATED A MASTER PLAN THAT DEFINED ITS RESIDENTIAL NEIGHBORHOODS.
PLANO ZONING ORDINANCE CAREFULLY LAYS OUT THE PURPOSE OF EACH ZONED DISTRICT.
ARTICLE NINE STATES CLEARLY THAT THE PURPOSE OF EVERY SINGLE FAMILY DISTRICT WITHIN THE CITY IS, AND I QUOTE FOR SINGLE FAMILY DEVELOPMENT, THIS IS SF 20, NINE, SEVEN AND SIX.
I QUOTE AGAIN, EXCESSIVE NOISE AND OBJECTIONABLE INFLUENCES TO FAMILY LIVING.
THIS LANGUAGE IS CLEAR AND NOT SUBJECT TO INTERPRETATION.
SHORT TERM RENTALS ARE NOT SINGLE FAMILIES, AND AS YOU HAVE HEARD OVER THE LAST YEAR, THEY PRESENT MANY OBJECTIONABLE INFLUENCES TO FAMILY LIVING.
THEY ARE SIMPLY AND EASILY ON THEIR FACE, 100% INCONSISTENT WITH THE STATED PURPOSE OF PLANO'S SINGLE FAMILY RESIDENTIAL ZONING.
PEOPLE WHO BOUGHT HOMES IN SECONDS.
PEOPLE WHO BOUGHT HOMES IN PLANO SINGLE FAMILY RESIDENTIAL NEIGHBORHOODS HAVE INVESTMENT BACKED EXPECTATIONS THAT THE CITY WILL MAINTAIN THE PLAN IT CREATED TO KEEP SINGLE FAMILY RESIDENTIAL NEIGHBORHOODS FOR SINGLE FAMILY DEVELOPMENT.
PLEASE SEND OPTION THREE TO CITY COUNCIL.
ELENA BURKE, KRISTIN REINECKER, FOLLOWED BY COREY REINECKER.
GOOD EVENING. MEMBERS OF THE PLANNING AND ZONING COMMITTEE.
I'VE LIVED IN PLANO IN MY HOME FOR 30 YEARS NOW.
I'M HERE TO SUPPORT THE SELECTION OF OPTION THREE, WHICH I BELIEVE TO BE A REASONABLE COMPROMISE.
THE ORIGINAL INTENT OF OUR ZONING LAWS ARE OBVIOUS IN THE LANGUAGE USED AT THE TIME.
[01:25:07]
MATCH THE DESCRIPTION OF A BOARDING HOUSE.IN MY NEIGHBORHOOD OF 185 HOMES, THERE ARE THREE SHORT TERM RENTALS, AND TO SAY THAT THE SMALL PERCENTAGE OF SHORT TERM RENTALS DON'T AFFECT A LOT OF HOMEOWNERS IS NOT TRUE.
THE FOLKS WHO OWN THEM CAN BE GRANDFATHERED IN.
THERE IS CITY POLICE PLANO OF CITY, WOAH, CITY OF PLANO.
IT'S BEEN PRESENTED AT COUNCIL.
NO MATTER WHAT STR LOBBYISTS MAY SAY, AIRBNB IN IPO DOCUMENTS FILED WITH THE SEC ON NOVEMBER 16TH, 2020 STATES WE HAVE NO CONTROL OVER OR ABILITY TO PREDICT THE ACTIONS OF OUR USERS AND OTHER THIRD PARTIES.
STRS PROVIDE OPPORTUNITIES FOR BAD THINGS.
THANK YOU FOR YOUR TIME AND YOUR DUE DILIGENCE AND PLEASE SUPPORT OPTION THREE.
KRISTEN REINECKER, COREY REINECKER, AND THEN LAST, STACIE MATTHEWS.
MY NAME IS KRISTEN REINECKER AND I LIVE AT 1814 N PLACE 75074.
THANK YOU FOR THE OPPORTUNITY TO SHARE MY THOUGHTS THIS EVENING.
I WANT TO START BY ACKNOWLEDGING ONE THING.
THIS TYPE OF RENTAL IS NICHE WITH LIMITATIONS ON BOTH SUPPLY AND DEMAND.
THE NUMBERS SPEAK FOR THEMSELVES.
OUT OF NEARLY 118,000 HOUSING UNITS CITYWIDE, ONLY ABOUT 50 OFFER THIS TYPE OF LISTING.
UNDER THE DEFINITION OF LIVE IN MANAGEMENT, IT'S OVERLY RESTRICTIVE AND LACKS ANY REAL RATIONALE, REQUIRING OPERATORS TO BE PRESENT OVERNIGHT WHENEVER GUESTS ARE ON SITE SERVES LITTLE PURPOSE BEYOND UNNECESSARY MICROMANAGEMENT.
SPEAKING FROM PERSONAL EXPERIENCE, WHILE WE'RE USUALLY AROUND DURING OUR GUEST STAYS, THERE ARE TIMES WHEN WE'RE NOT, BUT OUR GUESTS UNDERSTAND THE RULES AND CAN REACH US IF NEEDED. WE EVEN PROVIDE OUR GUESTS WITH THEIR NEIGHBORS, WITH OUR NEIGHBORS CONTACTS INFORMATION IN CASE OF EMERGENCIES.
THE CITY NEEDS TO REDEFINE LIVE IN MANAGEMENT TO CLARIFY ITS MEANING WITHOUT MANDATING HOSTS PHYSICAL PRESENCE OVERNIGHT AND FURTHERMORE, THERE HAS BEEN VERY LITTLE EVIDENCE PRESENTED THROUGHOUT THIS PROCESS SUGGESTING ANY PROBLEMS WITH THESE TYPES OF LISTINGS.
NO SIGNIFICANT NUISANCES, INCIDENTS, OR NEGATIVE IMPACTS ON NEIGHBORS.
IN CONCLUSION, LET'S STICK TO WHAT WORKS AND REVISE WHAT DOESN'T, WHICH IN MY OPINION, IS ALL THREE.
THANK YOU FOR YOUR TIME AND FOR HEARING US OUT.
COREY REINECKER AND THEN STACIE MATTHEWS.
I'M A RESIDENT AT 1814 N PLACE.
OPTION ONE IS THE CLOSEST TO THE MARK BUT NEEDS WORK.
THE BLANKET BAN ON NEW WHOLE HOUSE STRS AND SINGLE FAMILY NEIGHBORHOODS IS OVERLY BROAD, AFFECTING THE RIGHTS OF APPROXIMATELY 75,000 PROPERTY OWNERS DUE TO THE ACTIONS OF A FEW BAD ACTORS. A MORE TAILORED APPROACH WOULD CONSIDER THE DEVELOPMENT OF STR OVERLAY DISTRICTS.
THESE DISTRICTS, INITIATED EITHER BY THE CITY OR INDIVIDUAL NEIGHBORHOODS, WOULD EMPOWER RESIDENTS AT THE MOST LOCAL LEVEL TO MAKE DECISIONS REGARDING STRS, WHILE PREVENTING ONE NEIGHBORHOOD FROM IMPOSING ITS PREFERENCES ON OTHERS.
[01:30:03]
FURTHER, THE USE OF AN SPU PROCESS, AS DISCUSSED AT THE MARCH 18TH MEETING, IS COMPLEX AND BURDENSOME, PARTICULARLY FOR INDIVIDUAL HOMEOWNERS UNFAMILIAR WITH ZONING PROCEDURES. TO ADDRESS THIS, I SUGGEST THE INTRODUCTION OF A SPECIAL EXCEPTION PROCESS SIMILAR TO THOSE USED IN OTHER CITIES.THIS STREAMLINED APPROACH, EVALUATED THROUGH THE BOARD OF ADJUSTMENT, WOULD SIMPLIFY THE APPLICATION PROCESS, PROVIDE FOR NEIGHBOR NOTIFICATION AND INPUT, AND PLACE THE BURDEN ON THE APPLICANT TO DEMONSTRATE THE PROPOSED STR WOULD NOT ADVERSELY AFFECT NEIGHBORING PROPERTIES.
SO I'M GOING TO CLOSE THE PUBLIC HEARING, AND WE'RE GOING TO TAKE A FIVE MINUTE RECESS.
THERE'S A COUPLE OF FOLKS THAT NEED A BREAK AND STRETCH.
OKAY, LET'S START GETTING OUR SEATS.
WELL, IT GOT QUIET IN A HURRY.
YEAH, AND WE'VE LOST A FEW FOLKS.
THAT'S ALL RIGHT. THEY'RE ALL IN THE BATHROOM.
LADIES, YOU'RE ALL TOO FAMILIAR WITH THAT.
OKAY. WE WILL RECONVENE INTO OUR REGULAR SESSION AT 8:38 P.M., AND SO COMMISSION WE'VE HEARD FROM OUR CONSTITUENTS HERE AND WE'VE HEARD FROM STAFF.
I THINK BEFORE I LET'S START WITH THIS.
DOES ANYONE HAVE LIKE SPECIFIC QUESTIONS FOR STAFF? OKAY, SO WE HAVE A.
ARE WE ALL RIGHT? OH, WATER, WE GOT WATER.
MR. CARY, YOU HAVE A QUESTION FOR STAFF? I DO, I JUST WANT TO BE SURE THAT I UNDERSTAND SOMETHING.
SO ONCE, ONCE ONE OF THESE ORDINANCES IS ENACTED, AND THE PEOPLE THAT IF WE WANT TO CALL THEM, I GUESS, GRANDFATHERED, IF THEY DO NOT REGISTER, THEN I THINK WHAT I UNDERSTAND IS THAT THEY WILL LOSE THEIR GRANDFATHERED RIGHTS.
DID I HEAR THAT CORRECTLY? IS THAT TRUE OR NOT TRUE? SO THAT'S CLOSE.
THEY HAVE TO ABANDON FOR SIX MONTHS, AND, AND THEY HAVE TO INTEND TO ABANDON, AND SO IF THEY INTEND TO ABANDON FOR SIX MONTHS, THEN THEY ARE NO LONGER GRANDFATHERED, BUT IF SOMETHING HAPPENS LIKE SAY, A STORM BURNS DOWN THEIR SHORT TERM RENTAL AND IT TAKES THEM A WHILE TO BUILD IT BACK.
SO I THINK WHAT I JUST HEARD YOU SAY IS THEY DO NOT HAVE TO REGISTER THEN IS THAT.
THEY HAVE TO REGISTER. WELL, THEY THEY HAVE TO REGISTER TO BE A LEGAL STR, BUT THEIR RIGHTS DON'T GO AWAY AS A NON-CONFORMING USE FOR FAILING TO REGISTER.
IT'S JUST TWO DIFFERENT PROCESSES.
THERE'S A PROCESS FOR LOSING YOUR NON-CONFORMING RIGHTS.
COULD BE CONSIDERED EVIDENCE TOWARDS LOSS OF NON-CONFORMING RIGHTS.
EXACTLY, IT WOULD BE ONE OF THE THINGS CONSIDERED.
[01:35:02]
YES, SIR. YEAH.IS IT ONCE WE GRANT AN SUP, IS IT POSSIBLE TO PUT A TIME LIMIT ON THAT, OR ONCE IT'S GRANTED, IS IT FOR PERPETUITY? WE HAVE RARELY.
THERE'S ONE OCCASION I'M AWARE OF THAT THE CITY HAS GRANTED A TEMPORARY SPECIFIC USE PERMIT, BUT THAT IS HAS NOT BEEN THE PRACTICE THROUGHOUT THE TENURE OF THE CITY.
IT IS A PERMANENT LAND USE, RIGHT? YEAH. I GUESS I'M ASKING MORE FROM A LEGAL PERSPECTIVE THAN THAN A HISTORIC PERSPECTIVE.
SO SUPS IS ZONING RUN WITH THE LAND.
THAT'S HOW THEY'RE CONSTRUCTED LEGALLY.
SO THAT'S THE PROCESS WE WANT TO FOLLOW.
YOU KNOW, THERE ARE OTHER KINDS OF THINGS THAT DON'T RUN WITH THE LAND, BUT AN SUP DOES.
THANK YOU, MR. CHAIRMAN. MY QUESTION IS REGARDING THE ONE OF THE SUGGESTIONS THAT ACTUALLY CAME OUT OF FROM ONE OF THE SPEAKERS REGARDING THE THREE STRIKES SYSTEM. I UNDERSTAND THAT THE STAFF HAS TRIED VERY HARD AND, YOU KNOW, SUGGESTED THESE THREE OPTIONS, BUT FOR ALL THE GRANDFATHERED STR OPERATORS, IS THERE STILL A WAY FOR US TO IMPLEMENT THIS STRIKE SYSTEM? SO ONCE THEY ARE GRANDFATHERED IN, WILL THERE BE A WAY FOR US TO TAKE THEIR RIGHT IF THEY HAVE VIOLATED, YOU KNOW, RULES AND CERTAIN THINGS THAT IS IT ALREADY IN PLACE OR IS IT SOMETHING THAT WE HAVE TO IMPLEMENT AFTER THE COUNCIL APPROVES IT? WHAT'S THE PROCESS ON THAT? WELL, AGAIN, THAT'S PROBABLY GOING TO BE COUNCIL'S CALL ON HOW TO HOW TO ADMINISTER THAT.
I THINK IT'LL GET TRICKY TO SAY WE'RE GOING TO CREATE A SPECIAL SYSTEM FOR EXISTING STRS, AND THERE'S STILL SOME QUESTION THAT WAS ASKED EARLIER ABOUT, WELL, DO THE NEW RESTRICTIONS IN TERMS OF NUMBER OF GUESTS OR NUMBER OF NIGHTS, ETC., ARE THEY GOING TO APPLY TO GRANDFATHER OR NOT? THOSE ARE DECISIONS FOR COUNCIL TO MAKE VERSUS US.
THE REGISTRATION AND THE ENFORCEMENT MECHANISMS ARE COUNCIL'S PURVIEW.
MISTER OLLEY. PROBABLY MORE OF A QUESTION FOR COUNCIL MORE THAN ANYTHING.
TRYING TO GET AT THE HEART OF RIGHTS.
SO ESTABLISHED A COUPLE OF THINGS.
PROPERTY OWNERS HAVE A RIGHT TO LEASE.
PROPERTY RIGHTS ARE ATTACHED TO THE PLOT OF LAND OR THE STRUCTURE? AM I CORRECT IN THAT IT'S MOST LIKELY THE LAND THAT YOU OWN COMES WITH A CERTAIN INALIENABLE, INALIENABLE RIGHTS ATTACHED TO IT, CORRECT? RIGHT. WE HAVE PROPERTY RIGHTS IN THE US, AND THEY'RE TIED TO LAND ITSELF, THE OWNERSHIP OF LAND, AND THERE'S A FUNDAMENTAL RIGHT TO LEASE THAT'S BEEN DISCUSSED IN THE SHORT TERM RENTAL CASES IN TEXAS, BUT ESSENTIALLY, PROPERTY RIGHTS DO NOT GO BEYOND THE BOUNDS OF THE LAND.
OR THE BOUNDARIES OF THE LAND YOU OWN.
I'D SAY THAT'S TYPICAL, BUT YOU KNOW, THERE'S MINERALS AND WATER UNDER AND SO BUT GENERALLY, YEAH.
SO I'M JUST TRYING TO GET AT THERE'S NOT NECESSARILY ANYTHING LIKE NEIGHBORHOOD RIGHTS NECESSARILY.
YOU KNOW LIKE SOMETIMES YOU HEAR OF A RIGHT OF QUIET ENJOYMENT THAT COMES WITH A LEASE.
SOMETIMES, YOU KNOW, YOU HAVE THAT KIND OF A RIGHT, BUT BUT THE CONSTITUTION DOESN'T PROTECT THAT, RIGHT? LIKE IT DOES PROPERTY RIGHTS, AND, YOU KNOW, WE HAVE ZONING THAT DETERMINES WHAT USE IS APPROPRIATE IN A CERTAIN AREA, AND THEN WE HAVE NUISANCE LAWS THAT CAN BE ENFORCED TO PREVENT NOISE OR TRASH ISSUES, SMOKE, THE ODOR, THOSE SORTS OF THINGS, AND THEN THOSE CAN EITHER BE CITY IMPOSED OR PEOPLE CAN BRING A NUISANCE CLAIM AGAINST THEIR NEIGHBOR AND A PRIVATE ACTION AS WELL.
RIGHT, BUT WE IMPOSE THOSE THRESHOLDS USING NOISE ORDINANCES PARTICULATE MATTER.
WE'VE HAD MANY DISCUSSION ABOUT EHA ONE AND TWO AND WHAT HAVE YOU.
[01:40:03]
RIGHT, AND MOST LIKELY THIS REGISTRATION ORDINANCE WILL BRING IN SOME LANGUAGE TO HELP GOVERN THINGS THAT ARE NOT NECESSARILY ATTACHED TO PROPERTY.RIGHT, THEY MORE, THE REGISTRATION ORDINANCE WILL SUPPLEMENT THE OTHER KINDS OF NUISANCE ORDINANCES THAT APPLY ACROSS THE CITY, AND THEY'RE OUTSIDE YOUR PURVIEW, OF COURSE, RIGHT NOW, BUT I CAN SEE, YOU KNOW, THE INTEREST AND THE FACT THAT THEY'RE BROUGHT IN TANDEM, AND THE COUNCIL DOES PLAN TO HEAR THEM THE SAME NIGHT.
IF YOU THINK ABOUT THE NOTICE REQUIREMENTS WE HAVE FOR THE 200FT.
YOU CAN PUSH UP TO A SUPERMAJORITY VOTE AT COUNCIL.
SO THAT CAN BE A SIGNIFICANT RIGHT.
IF YOU OWN PROPERTY ADJACENT, YOU CAN INFLUENCE HOW MANY VOTES ARE REQUIRED AT CITY COUNCIL IN ORDER FOR THAT OWNER TO CHANGE THEIR THEIR ZONING ON THE PROPERTY.
SO THAT'S ONE EXAMPLE I CAN THINK OF WHERE AN ADJACENT OWNER DOES HAVE SOME RIGHTS RELATED TO ZONING ON THEIR NEIGHBOR'S PROPERTY. THAT'S A GOOD POINT, AND THE SPECIFIC USE PERMITS AS WELL, YOU KNOW, AND THE SIGN POSTINGS THAT GO UP.
IT'S JUST DIFFERENT THAN HAVING A FUNDAMENTAL RIGHT.
SO I ALSO HAVE A LEGAL QUESTION.
IN THE CITY ORDINANCE CHAPTER 14 THAT SPEAKS OF SEX OFFENDERS, WHAT IS, WHAT'S THE APPLICATION FOR THAT AS FAR AS MOVING INTO A PLACE IN PLANO? OKAY, I DIDN'T HEAR ALL OF THAT.
COULD YOU REPEAT IT? IN CHAPTER 14 OF THE PLANO ORDINANCE.
OKAY. IT REFERS TO SEX OFFENDERS AND THEIR REQUIREMENTS TO REGISTER.
OKAY. I WAS WONDERING IF YOU COULD JUST GO OVER THAT A LITTLE BIT SO THAT WE COULD BETTER UNDERSTAND HOW THAT COULD OR COULD NOT APPLY TO AIRBNB'S STATEMENT.
QUOTE, BECAUSE OF OUR BACKGROUND CHECKS ARE LIMITED, WE CANNOT GUARANTEE THAT THEY'LL IDENTIFY ALL PAST CRIMINAL CONVICTIONS OR SEX OFFENDERS REGISTERED BY A GUEST OR A HOST.
OKAY. I'M GOING TO DEFER THAT QUESTION TO MR. CURTIS. MR. HOWARD, WOULD YOU.
BECAUSE I THINK HE'S HIT A MIC AND MAYBE YOU CAN HANDLE THAT, MAYBE INTRODUCE YOURSELF AND LET THOSE PRESENT UNDERSTAND YOUR ROLE AND PAST AND CURRENT. OKAY.
CAN YOU HEAR ME NOW? SPEAK LOUDER. ALL RIGHT.
SO I SHOULDN'T HAVE STAYED AFTER THE BREAK, IS WHAT YOU'RE TELLING ME? [CHUCKLING] MY NAME IS CURTIS HOWARD, SO I'M THE DIRECTOR OF NEIGHBORHOOD SERVICES.
SO I MIGHT BE ABLE TO KIND OF HELP YOU OUT HERE AS FAR AS OUR REGISTRATION ORDINANCE, THE CITY OF PLANO HAS A REQUIREMENT THAT IF YOU ARE A REGISTERED, IF YOU'RE A SEX OFFENDER, IF YOU MEET CERTAIN REQUIREMENTS UNDER STATE LAW THAT YOU THAT YOU REGISTER HERE WHEN YOU MOVE IN.
SO USUALLY YOU HAVE TO MOVE INTO A PLACE.
SO IF YOU STAY AT A PLACE FOR I THINK IT'S SEVEN DAYS WITHOUT LOOKING.
SO THEN THEN AT THAT POINT YOU MAY HAVE A DUTY TO REGISTER.
FAILURE TO DO THAT UNDER STATE LAW CAN SUBJECT YOU TO CRIMINAL PENALTIES.
WE ALSO HAVE A REGISTRATION PROCESS HERE THAT RESTRICTS WHERE YOU CAN MOVE INTO PLANO, IF IT'S BY CERTAIN PARKS BASED UPON HOW CLOSE YOU ARE.
SO THE REQUIREMENTS AS FAR AS THE THOUSAND FEET AND SO FORTH IS THAT IMMEDIATE THAT THEY SHOULD NOTIFY AS SOON AS THEY MOVE NEXT DOOR TO A SCHOOL? OR IS THAT SEVEN DAYS AS WELL? I WOULD HAVE TO LOOK AT THE, THE ORDINANCE.
[01:45:01]
SO IF, IF WHATEVER THE WHATEVER THE I APOLOGIZE. THAT'S OKAY.CERTAINLY, AND WHENEVER I THOUGHT ABOUT THE QUESTION, I HAD TO FIGURE I RESPECT THAT.
I HADN'T EVEN THOUGHT ABOUT IT BEFORE, BUT THANK YOU VERY MUCH FOR YOUR HELP.
SO, AND IS THE CONCERN OF SEX OFFENDERS STAYING AT AN STR? YES. OKAY. SO THE STATE LAW OR THE ORDINANCE AND/OR PLANO WOULD NOT HAVE ANY IMPACT ON THAT IF THEY WERE HERE SHORT TERM, RIGHT. IF THEY DON'T MOVE HERE.
SO IF THEY'RE HERE TEN DAYS, IF THEY LIVE IN A PLACE, THEN AT THAT POINT, THEN THEY MAY BE REQUIRED TO REGISTER, BUT YOU KNOW, AND THE PROBLEM IS YOU HAVE SEX OFFENDERS THAT COME AND VISIT RELATIVES AND THAT SORT OF THING, AND, AND SO, BUT GENERALLY WITH THE SHORT TERM RENTAL ISSUE, IF THEY'RE HERE FOR 29 DAYS.
YEAH, TWO NIGHTS OR THREE NIGHTS OR HOWEVER LONG, THEY'RE PROBABLY NOT GOING TO BE REQUIRED TO REGISTER HERE IN THIS PLACE, IF IT'S LONG TERM, AT SEVEN DAYS OR LONGER, THEY MIGHT BE REQUIRED TO REGISTER, AND IF THEY FAIL TO DO SO, UNDER STATE LAW, IT MAY BE A CRIMINAL OFFENSE.
RIGHT, AND THAT'S WHAT I'M TRYING TO UNDERSTAND.
SO YEAH, IF THEY LIVE IN A PLACE FOR A CERTAIN PERIOD OF TIME, THEY MAY BE REQUIRED TO REGISTER.
AGAIN, THAT STARTS GETTING REAL.
YOU KNOW, WHAT IS TAKING UP RESIDENCY, THAT SORT OF THING.
WHAT'S VISITING RELATIVES? YOU KNOW, THOSE ARE ALL GOING TO BE FACT SPECIFIC SITUATIONS THAT WOULD HAVE TO BE FERRETED OUT BEFORE WE CHARGE THEM CRIMINALLY.
ALL RIGHT. THANK YOU VERY MUCH.
THAT MIC IS STILL ON, SO WE MIGHT TURN IT OFF JUST IN CASE THERE'S FEEDBACK OR ANYTHING, MR. RATLIFF. THANK YOU.
LOOKING AT 15, 700 HOME OCCUPATIONS.
SO LOOKING AT 15, 700 HOME OCCUPATIONS I'M TRYING TO FIND IF ANY CONTRAST BETWEEN AN STR VERSUS ANY HOME OCCUPATION, SOMEBODY THAT'S GENERATING INCOME OUT OF THEIR HOME, AND WHERE AN STR WOULD VIOLATE ANY OF THESE CLAUSES, AND I'M NOT FINDING ONE.
THEY DON'T HAVE OCCUPANTS REPORTING TO THEIR RESIDENTS.
IT SAYS A HOME OCCUPATION CAN BE CONDUCTED WITHIN A PRINCIPAL DWELLING, BUT NOT MORE THAN 20% OF THE TOTAL FLOOR AREA OF THE PRINCIPAL DWELLING IS ONE OF THE REQUIREMENTS. MERCHANDISE NOT OFFERED FOR SALE.
NO OUTDOOR STORAGE, NO BUILDING ALTERATIONS, NO SERVICING OF VEHICLES.
PRODUCES NO OFFENSIVE NOISE, VIBRATION, SMOKE, ELECTRICAL INTERFERENCE, ODORS, ETC, AND NO TRAFFIC IN GREATER VOLUMES THAN NORMALLY EXPECTED IN A RESIDENTIAL NEIGHBORHOOD. I KNOW WE'VE HAD SOME ISSUES WITH SOME OF THE OFF SITE MANAGEMENT WITH THE PARTY HOUSES, BUT WITH THOSE EXCEPTIONS SET ASIDE HOW, IF ANY WAY, DOES A ONE ROOM RENTAL NOT FALL UNDER A HOME OCCUPATION? SO YOU'RE SAYING YOU THINK IT SHOULD? I'M THINKING. I THINK IT DOES.
AM I MISSING SOMETHING? WELL, I KNOW THAT THE COURTS CONSIDER SHORT TERM RENTALS TO BE RESIDENTIAL USES ESSENTIALLY RESIDENTIAL BECAUSE PEOPLE VERSUS COMMERCIAL BECAUSE PEOPLE ARE THERE SLEEPING, EATING YOU KNOW, DOING ALL THE THINGS THAT YOU DO IN A RESIDENCE.
THAT'S WHAT THE OPINIONS ARE SAYING FROM THE COURTS.
SO I THINK, YOU KNOW, TRYING TO APPLY AT THIS POINT THOSE RESIDENTIAL KIND OF OCCUPANCY OR I'M SORRY, THE, THOSE TYPES OF STANDARDS PROBABLY IS IS TRYING TO FIT A SQUARE PEG IN A ROUND HOLE.
OKAY. I'M JUST THE REASON I, THE REASON THAT OCCURRED TO ME IS BECAUSE THE ZONING ORDINANCE ON HOME OCCUPATIONS IS WRITTEN TO PROTECT THE FABRIC OF THE RESIDENTIAL NEIGHBORHOODS WITH LIMITING TRAFFIC NOISE.
[01:50:03]
ET CETERA. ET CETERA, AND IT'S VERY SPECIFIC TEN BULLET ITEMS ABOUT PROTECTING THE FABRIC OF THE NEIGHBORHOOD, AND, AND I GUESS IF THAT'S THE INTENT OF THAT PORTION OF THE ORDINANCE, I'M NOT FINDING ANY PLACE WHERE A ONE ROOM RENTAL, FOR EXAMPLE, IS VIOLATING THAT SAME INTENT, AND SO THAT'S WHAT I WAS LOOKING FOR. IF THERE WAS A LEGAL, SOMETHING I'M MISSING LEGALLY.I DON'T THINK YOU'RE MISSING ANYTHING LEGALLY.
I THINK THAT THERE CAN BE, YOU KNOW, VARIOUS KINDS OF THINGS THAT CREATE SIMILAR TYPES OF NUISANCES THAT YOU MIGHT REGULATE DIFFERENTLY, OR YOU MIGHT THINK OF THEM AS THE SAME IN SOME WAYS, AND YOU JUST DO THAT ANALYSIS AND COME UP WITH WHAT YOU THINK BEST FITS.
YES. I JUST WANT TO KIND OF RESPOND TO WHAT COMMISSIONER RATLIFF SAID ABOUT THE. SORRY, I JUST WANT TO RESPOND TO THE COMMENTS COMMISSIONER JUST MENTIONED ABOUT A ONE ROOM RENTAL.
I THINK WE'RE I AM PERSONALLY STILL CONFUSED OF THE ABOUT THE DEFINITION OF WHAT A ROOM IS.
SOME OF THE SPEAKERS MENTIONED THAT WE DON'T REALLY HAVE A GOOD DEFINITION.
I THINK WE PROBABLY NEED TO DO THAT SOMEHOW.
FOR EXAMPLE, WOULD YOU CONSIDER A LIVING ROOM, A ROOM, A BEDROOM, A ROOM, OR HOW MANY BEDS CAN CONSTITUTE A ROOM? IF WE DON'T HAVE THAT DEFINITION, I DON'T THINK WE CAN DIFFERENTIATE A ROOM FROM MULTIPLE ROOMS. SO I THINK IF WE ARE GOING TO DIFFERENTIATE THE TREATMENT BETWEEN ONE ROOM VERSUS MULTIPLE ROOM, WE REALLY NEED TO HAVE A BETTER DEFINITION OF WHAT A ROOM IS.
THE PROPOSED ORDINANCE DOES INCLUDE A SPECIFIC DEFINITION OF ROOM UNDER LIVE-IN MANAGEMENT SHORT TERM RENTAL.
IT STATES FOR THIS DEFINITION, A ROOM IS A SLEEPING QUARTER, WHICH MUST INCLUDE A PLACE THAT PEOPLE SLEEP, BUT CAN ALSO INCLUDE KITCHEN, BATHROOMS, AND HALLWAYS, WHICH FUNCTION AS ONE UNIT.
SO THAT TENDS TO SEPARATE OUT LIKE A LIVING ROOM.
SO WOULD YOU PLEASE SAY THAT AGAIN? THE DEFINITION IT'S A ROOM IS A SLEEPING QUARTER, WHICH MUST INCLUDE A PLACE THAT PEOPLE SLEEP, BUT CAN ALSO INCLUDE KITCHEN, BATHROOM AND HALLWAYS, WHICH FUNCTION AS ONE UNIT.
WOULD A LIVING ROOM BE CONSIDERED SLEEPING QUARTERS? YEAH, THAT'S EXACTLY MY QUESTION.
I MEAN, TO ME, SLEEPING QUARTERS TRADITIONALLY SOUNDS LIKE A BEDROOM, NOT A LIVING ROOM.
WOULDN'T AN EFFICIENCY APARTMENT BE THE SAME? EXACTLY. WELL, IF YOU WERE IN AN EFFICIENCY APARTMENT, WOULD YOU BE LIVING THERE AND RENTING OUT A ROOM? I DON'T KNOW. WHAT IF YOU CONVERTED YOUR GARAGE? SO LET'S GO.
IT IS SPECIFICALLY A SLEEPING QUARTER, AND THEN FURTHER IN THE, WELL, THAT'S IN THE SINGLE.
IN THE SINGLE OCCUPANCY THERE'S A OCCUPANCY REGISTRATION LIMITATION, THE TWO ADULTS AND ANY MINOR CHILDREN, BUT THAT'S FOR OPTION TWO.
THAT'S OPTION WELL ALL OF THEM.
IT'S OPTION ONE AND TWO NOT THREE RIGHT.
SO IT'S YOUR OPINION, THEN? SLEEPING QUARTERS DOESN'T DEFINE THE ROOM CLEARLY ENOUGH.
SO WOULD YOU CALL IT A BEDROOM? I DON'T KNOW. IS THERE AN ISSUE WITH THAT? YOU DON'T HAVE ANY, BUT DO WE NOT ADDRESS THAT WITH THE DEFINITION OF A ONE ROOM, ESPECIALLY THE ONE ROOM AS TWO ADULTS AND MINOR CHILDREN? DOES THAT NOT SOLVE THAT? BECAUSE IF IT'S ONE ROOM, IT DOESN'T MATTER WHAT ROOM IT IS, IT'S STILL LIMITED TO TWO ADULTS AND THEIR CHILDREN.
IT COULD BE THE BASEMENT OR THE GARAGE.
IT'S STILL TWO ADULTS IN THEIR KIDS.
YEAH. ARE WE SPLITTING HAIRS? THAT'S MY QUESTION. VERSUS THE INTENT, WHICH IS A ONE ROOM RENTAL, IS ONE ROOM.
WHETHER IT'S THE LIVING ROOM OR IT'S THE BEDROOM, IT'S LIMITED TO TWO ADULTS WITH MINOR CHILDREN.
I THINK WE'RE ACCOMPLISHING THE SPIRIT OF WHAT WE WERE TRYING TO GET TO HERE, WHICH WAS LIMITING, YOU KNOW, THE ACTIVITY OF NUMBER OF PEOPLE IN A IN A RENTAL. MR. BRONSKY, I KNOW YOU WANTED TO MAKE A COMMENT.
NO, I WAS GOING TO ACKNOWLEDGE EXACTLY WHAT YOU SAID.
IT COULD CERTAINLY BE A LIVING ROOM.
IT COULD BE A GARAGE THAT'S CONVERTED.
SO I UNDERSTAND WHERE YOU'RE COMING FROM, BUT I DO TEND TO SIDE WITH COMMISSIONER TONG ON THIS.
[01:55:07]
I THINK WE DO NEED A LITTLE BIT MORE FIRM DEFINITION PERSONALLY.WELL, AGAIN, WITHOUT US GETTING INTO THE WEEDS A LITTLE BIT, THE INTENT IS FOR A ONE BEDROOM OR ONE ROOM RENTAL IS LIMITED BY TWO ADULTS AND A MINOR CHILD.
SO DOES IT MATTER IF THOSE TWO ADULTS AND MINOR CHILD ARE SLEEPING IN THE LIVING ROOM IN A CONVERTED DEN, IN A CONVERTED GARAGE? DOES IT MATTER IF IT'S STILL ONE ROOM? DOES IT MATTER? IT COULD IF IT EXCEEDS IN THE OPTIONS THAT EXCEED FIVE ROOMS OR EXCEED SIX ROOMS, THEN YES IT COULD.
OKAY, SO NOW WE'RE TALKING ABOUT A DIFFERENT THING.
THE DEFINITION SAYS SLEEPING QUARTERS.
WHEN WE GET TO THE MORE THAN ONE ROOM WHAT IS THE DEFINITION SAY FOR THAT.
STAYS THE SAME, BUT IT'S UNDER AN SPU SO WE'RE LIMITING IT BY THEY HAVE TO MAKE AN APPLICATION AND THEY HAVE TO DECIDE OR THEY HAVE TO DEFINE HERE'S THE ROOMS THAT ARE BEING BEING USED ETC..
SO AGAIN, ARE WE GETTING TOO DEEP INTO THIS WHEN WE'RE ACCOMPLISHING WHAT THE LANGUAGE MEANS ANYWAY IN TERMS OF REDUCING OR LIMITING THE OCCUPANCY IN THE ONE ROOM, ONE ROOM SCHOOLS? SO I GUESS I'LL JUST WE CAN MOVE ON WITH THIS BECAUSE I STRUGGLE WITH THIS ALONG WITH A COUPLE OF OTHER POINTS THAT ARE IN BOTH OPTIONS ONE AND TWO. SO I GUESS I'LL I'LL RESERVE MORE COMMENTS FOR LATER, BUT I THINK THIS IS, IN MY OPINION, ONE OF THE FLAWS WITH THE FIRST TWO OPTIONS IS JUST THE DEFINITION OF A ROOM.
SO. ALL RIGHT, AND WE COULD WE COULD PROBABLY.
I'M GOING TO MAKE THIS RECOMMENDATION TO THE COMMISSION THAT WE HAVE THREE OPTIONS IN FRONT OF US.
THEY COVER IN MY MIND ANYWAY, KIND OF BOTH ENDS OF THE SPECTRUM.
I THINK I WAS SLIGHTLY MISQUOTED EARLIER, BUT, YOU KNOW, LET'S NOT LET PERFECT GET IN THE WAY OF GOOD, AND OUR JOB IS TO SEND SOMETHING GOOD TO COUNCIL FOR THEM TO MAKE THEIR RECOMMENDATIONS AND DECISIONS ON.
SO I WOULD LIKE US TO FOCUS ON SELECTING OPTION ONE, 2 OR 3 AND SENDING THAT TO COUNCIL.
WE CERTAINLY DON'T WANT TO DELAY OUR DECISION ANY LONGER BASED ON WHAT COUNCIL IS WANTING US TO DO.
SO. YES? THIS IS FOR MICHELLE AS WELL.
JUST STANDING ON THE LANGUAGE OF OUR ZONING ORDINANCE AND SAYING, THESE ARE RESIDENTIAL DISTRICTS.
THEY'RE SINGLE FAMILY DISTRICTS.
STANDING ON OUR DEFINITION OF A HOTEL AND MOTEL BEING TRANSIENT IN NATURE, WHAT IS THE CASE LAW? WHAT IS THE PROBLEM WITH JUST SAYING NO TO ALL SHORT TERM RENTALS BASED ON THE LANGUAGE THAT'S ALREADY IN OUR ZONING ORDINANCE? I THINK THE ANSWER IS CASE LAW.
I JUST WANTED TO HAVE IT COME FROM YOU.
OH, I THOUGHT WE COULD ASK LEGAL QUESTIONS HERE.
THAT'S WHAT WE WERE ALL DOING.
OKAY. I THINK ALSO WE'VE HAD THAT DISCUSSION PREVIOUSLY AROUND THE CHALLENGES WITH JUST SIMPLY BANNING SHORT TERM RENTALS. I MEAN, SO.
WE'RE TALKING PROPERTY RIGHTS, AND I JUST WANT TO MAKE SURE I UNDERSTAND.
I THINK WE'VE TALKED HERE BEFORE THAT HOAS HAVE THE ABILITY TO FORBID SHORT TERM RENTALS, AND THAT KIND OF IS IN, IN CONFLICT WITH SOME OF THE OTHER CONVERSATIONS WE'VE HAD THAT PEOPLE HAVE THE PROPERTY RIGHT TO RENT OR LEASE.
SO CAN YOU CLARIFY THAT FOR ME? BECAUSE I'M CONFUSED BY THOSE ARE CONFLICTING THINGS IN MY MIND.
I THINK WE SHOULD GO INTO EXECUTIVE SESSION.
SO I ACTUALLY WOULD LIKE TO HEAR HER ANSWER.
SO I'D LIKE TO MOVE. WE GO TO EXECUTIVE SESSION IF THAT'S SOMETHING I'M ALLOWED TO DO.
[02:00:08]
ARE THERE ANY OTHER QUESTIONS? OKAY I'M SORRY GUYS.AT THIS POINT, I CAN'T TELL YOU WHEN WE'LL BE BACK.
WHERE DO WE GO FROM HERE AGAIN? I WE'VE DONE A LOT OF WORK.
WE'RE AT A POSITION WHERE I THINK WE HAVE OPTIONS THAT WE CAN SEND TO COUNCIL.
COUNCIL IS GOING TO HAVE MUCH OF THE EXACT SAME DISCUSSIONS THAT WE'RE HAVING.
THEY'RE GOING TO HAVE TO EVALUATE SOME OF THE EXACT SAME LEGAL HURDLES, DEFINITIONS NUANCES THAT ARE IN THESE. I THINK IT WOULD.
IT WOULD BE GOOD FOR US AT THIS TIME.
WE HAVE THREE OPTIONS IN FRONT OF US.
SO RATHER THAN US TRY TO REDESIGN THESE AND MAKE MORE CHANGES TO THEM BECAUSE WE'VE GIVEN STAFF FEEDBACK ON NUMEROUS, NUMEROUS OCCASIONS, I THINK WE HAVE SOME DISCUSSION IF NEED BE, BUT WE SHOULD PICK ONE OF THESE THREE AND AGREE TO SEND THIS TO COUNCIL.
I THINK THAT WOULD BE A GOOD START FOR US.
IF COUNCIL RECEIVES THIS, AND AFTER THEIR DELIBERATIONS AND THEIR LEGAL ADVICE, THEY DETERMINE THAT THEY WOULD LIKE TO, FOR EXAMPLE, EXTEND THE INTERIM BAN AND SEND IT BACK TO US FOR ADDITIONAL CONSIDERATION BASED ON NEW INFORMATION, MAYBE DATA.
YOU GUYS WANT MORE DATA? YOU GUYS WANT MORE DATA? TRUST ME, ALL OF US WISH WE HAD MORE DATA.
IT WOULD HELP US MAKE THE BEST DECISION, BUT WE'RE NOT GETTING THAT DATA JUST YET.
OKAY, SO I WOULD LIKE TO, I THINK, APPROACH IT FROM THIS STANDPOINT.
IS THERE ANYONE HERE THAT WOULD LIKE TO MAKE A MOTION TO ACCEPT OPTION ONE, AND IF WE CAN GET A SECOND ON THAT WE WILL THEN HAVE SOME DISCUSSION AROUND IT AND THEN TAKE A VOTE.
OKAY. WILL WE DISCUSS THE OTHER OPTIONS AS WELL OR ARE WE GOING TO BE STUCK WITH ONE OPTION TO DISCUSS? NOPE. HERE'S THE THING.
I THINK IF WE START WITH OPTION ONE, IF IT DOESN'T PASS, THEN WE CAN GO TO OPTION TWO, AND IF THAT DOESN'T PASS, WE'LL GO TO OPTION THREE AND WE'LL JUST GO UNTIL WE GET ONE WHERE EVERYBODY CAN AGREE, BECAUSE THERE'S, TO ME, AND A MAJORITY.
EXCUSE ME, NOT EVERYBODY, A MAJORITY.
I THINK WE START AT ONE AND IF IT FAILS, IT FAILS.
THERE WOULD BE NO DIFFERENCE IF WE STARTED AT THREE.
IF IT FAILS, THEN WE GO TO OPTION TWO, BUT WE JUST WE NEED TO GET STARTED SOMEWHERE.
SO AS I SUGGESTED OPTION ONE AND I SAW TWO OR THREE HANDS, BUT MR. BROUNOFF. MR. CHAIRMAN, I MAKE A MOTION THAT WE FORWARD OPTION ONE TO THE COUNCIL WITH A FAVORABLE RECOMMENDATION.
I'M PREPARED TO SPEAK ON THAT IF YOU WISH.
OKAY. I HAVE A MOTION FOR OPTION ONE.
DO I HAVE A SECOND? SECOND? OKAY, I HAVE A SECOND FOR OPTION ONE.
SO I HAVE A MOTION AND A SECOND FOR OPTION ONE.
I'M OPEN TO DIALOG, COMMENTS, FEEDBACK IF ANYONE WANTS TO MAKE IT MR. RATLIFF. THANK YOU.
CHAIRMAN. LOOKING AT THE OPTIONS ON THE TABLE.
SORRY I GOT TO LEAN INTO MY MICROPHONE.
NUMBER ONE, THE FABRIC OF THE NEIGHBORHOOD, WHICH I KNOW IS ONE OF OUR PREVAILING CONSIDERATIONS, IS IF I'VE GOT FULL TIME RESIDENTS THAT LIVE THERE THAT ARE THAT ARE RUNNING A HOUSE THAT HAS AN EXTRA BEDROOM TO ME, THAT IS NO DIFFERENT THAN THE GUEST ROOM IN MY HOUSE THAT MY KIDS COME TO, THAT MY MOTHER IN LAW VISITS, THAT COWORKERS USE ON THE WEEKENDS OCCASIONALLY.
IT IS NO DIFFERENT THAN THAT AS FAR AS AN IMPACT ON THE FABRIC OF THE NEIGHBORHOOD.
[02:05:04]
MY NEIGHBORS DON'T KNOW MY COWORKERS.MY NEIGHBORS DON'T KNOW MY KIDS.
SOME OF THEM DO NOW, BUT IT'S NO DIFFERENT FROM A TRAFFIC PERSPECTIVE.
FROM A LAND USE PERSPECTIVE, IT IS STILL A RESIDENTIAL USE.
IT'S JUST A MATTER OF WHO'S SLEEPING IN THE GUEST ROOM.
OH, IT SAYS [INAUDIBLE], THERE WE GO.
SO AND LIKE I ASKED EARLIER, I ALSO FEEL LIKE IT'S NOT DISSIMILAR TO A HOME BASED BUSINESS WHERE I'VE GOT, YOU KNOW, CUSTOMERS THAT COME, I'VE GOT TRAFFIC THAT IS NOT DIFFERENTIAL FROM A RESIDENTIAL AREA.
I FEEL LIKE IT'S VERY SIMILAR TO A HOME BASED BUSINESS, WHICH ALSO IS DESIGNED TO MAINTAIN THE FABRIC OF THE COMMUNITY BY LIMITING THE IMPACT ON THE NEIGHBORHOOD WITH HOW MUCH YOU CAN DO OUT OF YOUR HOME IN A RESIDENTIAL AREA.
SO FOR THOSE REASONS, I FEEL LIKE THAT IS THE MOST APPROPRIATE LEVEL OF REGULATION. ALSO, THE FACT THAT A HOMEOWNER THAT HAS A SPARE ROOM GOING THROUGH THE SPU PROCESS IS CUMBERSOME.
IF YOU'RE GOING TO TRY TO RENT TWO, THREE, 4 OR 5 BEDROOMS, THE WHOLE HOUSE GOING THROUGH THE SUP PROCESS IN MY BOOK IS NOT CUMBERSOME, BECAUSE YOU'RE GOING TO GENERATE A LOT MORE INCOME THAT GENERATE THAT, THAT SUPPORTS THE EFFORT NECESSARY TO GO THROUGH THE SHOP PROCESS.
SO THAT'S WHY I FEEL LIKE THAT'S THE COMPROMISE POSITION THAT ALLOWS SOME LIMITED USE OF ONE BEDROOM IN YOUR HOUSE FOR A FEW VISITORS THAT'S NOT DISSIMILAR THAN ANY OTHER HOUSE GUEST.
WITHOUT BLOWING OPEN THE DOOR TO WHAT WE HAVE, THE UNREGULATED SITUATION WE HAVE TODAY.
THIS IS TWO ADULTS AND MINOR CHILDREN.
WE'LL JUST SAY THEY HAVE THREE.
THAT'S FIVE PEOPLE AND I DO THINK IT'S DIFFERENT FROM YOU INVITING YOUR DAUGHTER OR SON OR NEIGHBOR FROM A CITY YOU USED TO LIVE IN VERSUS PERFECT STRANGERS, AND SO THE PROBLEM THAT I HAVE WITH OPTION ONE IS THAT WE'RE GIVING THE OPTION FOR EVERY HOUSE IN PLANO TO BECOME AN STR.
THAT'S MY UNDERSTANDING OF IT.
CORRECT ME IF I'M WRONG, AND SO I DON'T THINK THIS PROVIDES APPROPRIATE PROTECTIONS FOR OUR SINGLE FAMILY NEIGHBORHOODS, AND I THINK IT'S IMPORTANT THAT WE GET TO 2 OR 3, AND THAT WE DON'T STAY HERE.
OKAY. MR. OLLEY. I COME BACK TO WHAT OUR PURVIEW IS, AND OUR PURVIEW IS ESSENTIALLY TO ADJUDICATE THE CORRECT USE OF LAND, RIGHT, AND TO THE QUESTION I ASKED BEFORE IS TO ENSURE THAT WITHIN THE BOUNDARIES OF THE LAW THAT PROPERTY RIGHTS ARE UPHELD.
I DON'T THINK WE HAVE THE PURVIEW OR THE ABILITY TO REGULATE THE BEHAVIOR OF PROPERTY OWNERS.
I DO BELIEVE ONE OF THE PROPERTY RIGHTS THAT I HAVE IS THE RIGHT TO USE MY ASSET TO MY BENEFIT IN SOME WAY, SHAPE OR FORM.
A PROPERTY OWNER WHO IS RESIDENT AND A PROPERTY OWNER WHO IS NON-RESIDENT.
THERE ARE DIFFERENT AREAS OF THE LAW THAT MAKE THOSE DISTINCTIONS.
SO I THINK IT'S APPROPRIATE THAT WE HAVE ATTEMPTED TO MAKE THAT KIND OF DISTINCTION WITHIN THE TWO TYPES OF THE CLASSIFICATIONS, LIVE IN VERSUS NON LIVE IN AND TO THE MORE INTANGIBLE QUESTION OF COMMUNITY FABRIC.
WHAT IS A NEIGHBORHOOD? WHAT IS A GOOD NEIGHBOR? I HAVE LIVED IN PLANO FOR ALMOST A DECADE.
I'VE HAD A NEIGHBOR PULL A GUN OUT ON ME AND MY SON.
I HAVE HAD NEIGHBORS DRUNK TILL 2 OR 3 A.M.
CONTINUOUSLY DURING THE SUMMER CURSING OUT HIS WIFE AND I CAN HEAR IT IN THE BACKYARD, RIGHT? I HAVE HAD A NEIGHBOR CURSE OUT ANOTHER NEIGHBOR WHO HAPPENED TO BE OF ASIAN DESCENT BY USING AN ETHNIC SLUR.
I DIDN'T CALL THE COPS ON THEM.
RIGHT. BEING TRANSIENT OR BEING IN PLACE DOES NOT MAKE YOU A GOOD NEIGHBOR AND DOES NOT CONTRIBUTE
[02:10:03]
TO COMMUNITY FABRIC.GOOD NEIGHBOR IS A GOOD NEIGHBOR IS A GOOD NEIGHBOR.
DON'T WANT YOU DON'T WANT TO LET THE PERFECT BE THE ENEMY OF THE GOOD.
WHAT'S THE WORD I'M LOOKING FOR? UPHELD, AND I BELIEVE THE REGISTRATION ORDINANCE, THE NUISANCE ORDINANCE, THE NOISE ORDINANCE AND CALLS FOR SERVICE AND EVERYTHING ELSE THAT WE HAVE IN OUR CITY CODE WILL BE THE TOOL WE USE TO GOVERN THE BEHAVIOR OF PROPERTY OWNERS. WITH THAT SAID, I AM IN FAVOR OF OPTION ONE.
LET'S JUST GO AROUND THE HORN, KIND OF LIKE WE WOULD DO.
SO I TAKE VERY SERIOUSLY THE IDEA OF PROPERTY RIGHTS BECAUSE, WELL, I'M FROM A STATE THAT HAD QUITE A FEW LESS, AND I'M VERY HAPPY TO BE HERE IN TEXAS, BUT I DO BELIEVE THERE'S A BALANCE, AND I BELIEVE THAT THE TASK FORCE MADE IT VERY CLEAR, AT LEAST FROM MY READING AND UNDERSTANDING OF EVERYTHING THAT I'VE SEEN, AND THE TASK FORCE DID NOT.
I BELIEVE, INTEND FOR US TO MAKE AVAILABLE STRS IN ALMOST EVERY RESIDENCE IN THE CITY, AND THAT SAID.
THE ABILITY FOR SOMEBODY TO RENT THEIR HOME OUT, TO RENT ONE ROOM OUT.
AS A MATTER OF FACT, I HAVE A FRIEND THAT DOES THAT FOR GREATER THAN 30 DAYS TO COLLEGE STUDENTS.
IS THE BEST OPTION TO CHOOSE BECAUSE I BELIEVE THAT OUR COMMUNITY FABRIC AND THE FINDINGS OF OUR TASK FORCE CALL FOR A MORE LIMITED APPROACH TO THE STR QUESTION AS OPPOSED TO OPTION ONE.
SO I WILL NOT SUPPORT OPTION ONE.
I'M GOING TO ECHO A BIT WHAT COMMISSIONER BRONSKY JUST SAID, YOU KNOW, WE HAD A TASK FORCE AND OUR CITY COUNCIL ASKED THEM TO PUT TOGETHER THE THOUGHTS, AND I DON'T THINK OPTION ONE REALLY MIRRORS THE REAL DIRECTION OF THE TASK FORCE, JUST FOR STARTERS AND SO IT OPENS UP EVERY HOME IN PLANO TO BE IN A SHORT TERM RENTAL, AND WHILE I THINK ALL OF US CARE ABOUT PROPERTY RIGHTS, I THINK PROPERTY RIGHTS ALSO ARE CAN AFFECT OUR NEIGHBORS, AND I THINK WE HAVE TO CONSIDER THAT AND I'M NOT SURE THIS DOES, AND, YOU KNOW, WE CAN TALK ABOUT ALL THE GREAT SHORT TERM RENTALS THAT HAPPEN, AND I'M SURE THEY'RE ALL GREAT, BUT I DON'T THINK ANYBODY MOVED INTO A SINGLE FAMILY NEIGHBORHOOD THINKING THAT EVERY HOUSE THERE COULD BE TURNED INTO A MINI HOTEL WITH ONE ROOM. SO, YOU KNOW, I THINK THAT YOU KNOW, WE'VE GOT GOVERNOR ABBOTT LOOKING AT THIS, AND I THINK THAT THERE'S LIKELY TO BE MORE LEGISLATION DOWN THE ROAD ONCE THIS IS IMPLEMENTED, WE DON'T KNOW WHAT THE EFFECTS ARE.
I URGE US, I THINK, TO BE CAUTIOUS, AND I THINK THERE ARE OTHER OPTIONS HERE THAT ALLOW US TO DO MUCH OF WHAT WE NEED, AND I THINK, ALIGN MORE WITH WHAT THE TASK FORCE HAD IN MIND, AND REALLY KIND OF WHAT THE FABRIC AND THE DIRECTION OF OUR COMMUNITY HAVE BEEN HISTORICALLY AT, YOU KNOW, AS OUR NEIGHBORHOOD HERE IN PLANO, AND SO I YOU KNOW, I THINK WHAT WE'RE DOING HERE WILL INCREASE THE CHALLENGE OF ENFORCEMENT, AND IT MIGHT MAKE SOME OTHER THINGS MORE DIFFICULT AS WELL, BUT I THINK IT MIGHT INCREASE THE CHALLENGE OF ENFORCEMENT, AND SO I URGE THE COMMISSION TO MOVE CAUTIOUSLY HERE AS WE DO THIS AND I DON'T I'M NOT SURE THAT NUMBER ONE IS DOING THAT, OPTION ONE, AND SO I WON'T BE IN SUPPORT OF OPTION ONE.
THANK YOU. DO YOU WANT TO SPEAK? SURE. JUST BRIEFLY, MY UNDERSTANDING OF OPTION ONE.
AGAIN, I'VE SAID THIS MANY TIMES, I JUST DON'T SEE THE DIFFERENCE BETWEEN HAVING ONE ROOM AND HAVING MULTIPLE ROOMS. THE DIFFERENCE BETWEEN THOSE TWO.
SO IF WE WERE HAVING ANOTHER OPTION SAYING, YOU KNOW, THEY'RE ALL WITH NO, YOU KNOW SOP, I
[02:15:04]
MAY GO FOR THAT OPTION.HOWEVER, RIGHT NOW, BECAUSE WE'RE DIFFERENTIATING ONE ROOM VERSUS MULTIPLE ROOMS. I DON'T AGREE THE TREATMENT BETWEEN THOSE TWO, AND I ALSO KIND OF SIDE WITH COMMISSIONER LISLE, BRONSKY, AND CARY REGARDING THE OPEN UP ALMOST PROBABLY ALL THE RESIDENCES TO THE SHORT TERM RENTAL IS NOT HELPING WITH THE NEIGHBORHOOD FABRIC.
I DON'T THINK THAT'S GOING TO HELP, AND ALSO I DON'T REALLY AGREE WITH THE EXAMPLE THAT THE COMMISSIONER RATLIFF SAID ABOUT HIS DAUGHTER IN LAW OR FAMILY MEMBERS COMING TO VISIT.
I KNOW THAT TO RENTERS, WE DO AS LONG TERM RENTALS, WE DO EXTENSIVE BACKGROUND CHECKS AND CRIMINAL CHECKS AND EVERYTHING, BUT FOR SHORT TERM RENTALS, I DON'T BELIEVE THAT'S EXIST, THAT PROCESS EXISTS.
SO THAT'S DEFINITELY NOT HELPING WITH THE NEIGHBORHOOD FABRIC.
LET ME SAY, I'M A HOMEOWNER AND I LIVE IN A NEIGHBORHOOD AND I UNDERSTAND--CLOSE TO THE MIC, PLEASE.
I DO THINK THAT ON THE ONE HAND, THERE ARE PROPERTY RIGHTS.
THERE IS A RIGHT TO LEASE THAT WE CANNOT WIPE OFF THE MAP.
NEIGHBORHOOD INTEGRITY IS ALSO A VITAL INTEREST.
THE KEY HERE IS NOT TO PROHIBIT OR TO GRANT LICENSE, BUT TO REGULATE AND TO REGULATE IN A REASONABLE MANNER IN THE LEAST RESTRICTIVE MANNER POSSIBLE IN A WAY THAT ALLOWS BOTH RIGHTS TO BE RESPECTED.
IN MY OPINION, THE BEST WAY TO DO THAT IS TO TARGET THE REGULATION THAT WE ADOPT TO AS CLOSELY AS POSSIBLE TO THE SOURCE OF THE PROBLEM.
I AM LOOKING AT THE CALLS FOR SERVICE.
DATA THAT WAS COLLECTED BY THE TASK FORCE.
IN THE LIVE IN MANAGEMENT SINGLE ROOM GROUP.
OVER A ONE YEAR PERIOD ENDING APPROXIMATELY A YEAR AGO, THERE WERE FIVE.
THAT'S ONE CALL PER PROPERTY OUT OF 50 PROPERTIES.
I UNDERSTAND MAYBE NOW THERE'S A SEVENTH ONE.
THERE WERE NO CALLS FOR SERVICE TO THE POLICE DEPARTMENT.
ON THE OTHER HAND, ON THE OFF SITE MANAGED PROPERTIES WHERE THERE IS NO ONE RESIDENT TO OVERSEE THE FUNCTIONING OF THE PROPERTY AND THIS IS A TOTAL OF 401 PROPERTIES.
THERE WERE 42 PROPERTIES THAT HAD 1 OR 2 CALLS FOR SERVICE AND 15 PROPERTIES THAT HAD THREE OR MORE.
THIS DATA TELLS ME THAT THE PROBLEM.
OF THE THREATS TO NEIGHBORHOOD INTEGRITY IS PRETTY MUCH CENTERED ON THE OFFSITE MANAGED PROPERTIES.
OPTION ONE REGULATES OFF SITE MANAGED PROPERTIES BY RESTRICTING THEIR LOCATION TO MOST NON RESIDENTIAL ZONING DISTRICTS AND SOME MULTIFAMILY THAT KEEPS THEM OUT OF THE AT LEAST THE FUTURE ONES THAT WE UNDERSTAND THE PRESENT ONES ARE GOING TO BE GRANDFATHERED, BUT THE FUTURE ONES WILL BE KEPT OUT OF RESIDENTIAL NEIGHBORHOODS.
THAT'S WHERE MOST OF THE PROBLEM IS, AND THAT IS THE MOST TARGETED SOLUTION.
WITH RESPECT TO THE LIVE IN MANAGEMENT, I AM SATISFIED THAT A HOMEOWNER RENTING OUT A BEDROOM OR 2 OR 3, OR HOWEVER MANY BEING ON SITE.
WILL EFFECTIVELY CONTROL AND PREVENT THE TYPES OF ABUSES THAT OUR NEIGHBORHOOD GROUPS ARE AFRAID OF, SIMPLY BECAUSE IF THOSE IF THOSE ABUSES OCCUR, NOISE PARTIES OR WHATEVER, WHILE THE RESIDENT MANAGER WHO, LET'S FACE IT, IS GOING TO BE THE OWNER IS PRESENT, WILL IMPACT THE OWNER AS MUCH AS ANYBODY ELSE.
[02:20:03]
AS ANYBODY LIVING IN THE NEIGHBORHOOD AND PROBABLY MORE AFFECTED BECAUSE THE OWNER IS RIGHT THERE AND THE NEIGHBORS ARE DOWN THE STRAIGHTAWAYS.THE OWNER WILL NOT TOLERATE UNSAVORY OR UNLAWFUL ACTIVITIES ON HIS PROPERTY.
HE COULD HAVE LEGAL EXPOSURE FOR, YOU KNOW, ILLEGAL ACTIVITIES.
ACTIVITIES THAT VIOLATE CITY ORDINANCES ON HIS PROPERTY.
HE COULD BE THE ONE GETTING INTO TROUBLE.
I AM ALSO, I KNOW LAST MEETING I EXPRESSED SOME SUPPORT FOR THE CONCEPT OF SUPS.
BASED ON THE PRESENTATIONS FROM THE PUBLIC WE HAD TWO WEEKS AGO, AND TONIGHT, IT IS OBVIOUS TO ME THAT THE GROUPS ON BOTH SIDES OF THIS ISSUE, THE OPERATORS AND THE NEIGHBORHOOD GROUPS, ARE ORGANIZED, AND MY FEAR IS THAT IF WE REQUIRE THE LIVE IN SINGLE ROOM, LIVE IN MANAGEMENT, SINGLE ROOM OWNERS TO GET A SPECIFIC USE PERMIT IN ORDER TO OPERATE.
BECAUSE THE ORGANIZED NEIGHBORHOODS WILL COME IN TO OPPOSE IT, AND THE ORGANIZED OPERATORS WILL COME IN TO SUPPORT IT, AND THEY MAY BRING THE PEOPLE FROM AIRBNB WITH THEM, AND I DON'T THINK IT'S HEALTHY FOR THIS CITY TO SUBJECT THE CITY TO ONGOING STRIFE OVER FUTURE APPLICATIONS FOR SPECIFIC USE PERMITS FOR A SINGLE ROOM, LIVE IN MANAGEMENT PROPERTY.
SO I SUPPORT OPTION ONE FOR ALL THOSE REASONS.
ALL THREE OPTIONS ADDRESS, THE OFF SITE MANAGEMENT, NOT JUST OPTION ONE.
THERE WAS A COMPARISON MADE EARLIER TO AUSTIN.
18,000 AIRBNBS OR SHORT TERM RENTALS.
WITH A POPULATION OF 974,000 PEOPLE, THAT BREAKS DOWN TO 0.0185 SHORT TERM RENTALS PER PERSON.
I GUESS ROUGHLY 12% OF THE HOUSING STOCK IS SHORT TERM RENTALS.
WHY WOULD THAT BE THE CASE? IT'S AUSTIN.
COLLEGE TOWN, POLITICAL CAPITAL, THERE'S SO MUCH DEMAND FOR IT THERE THAT YOU HAVE THAT NUMBER OF THEM NOW. THOSE HAVE BEEN AROUND.
THE ABILITY TO OPEN A SHORT TERM RENTAL HAS BEEN AROUND FOR THE SAME AMOUNT OF TIME FOR AUSTIN, AND AS IT HAS BEEN FOR US, AND WITH A POPULATION OF 300,000 PEOPLE, WE HAVE 500 OF THEM, ONLY 500.
THAT WORKS OUT TO 0.0016 PER POPULATION.
THE MARKET, THE DEMAND IS GOING TO RESOLVE THAT ISSUE.
IT ISN'T GOING TO BE A CASE THAT WE'RE GOING TO GET OVERRUN WITH SHORT TERM RENTALS.
IN MY OPINION, THE TASK FORCE CLEARLY MADE AN EXCEPTION FOR THE LIVE IN ONE ROOM.
IN THEIR COMMENTS, THEY ANTICIPATED AND SAID THAT THEY DIDN'T SEE THE ISSUES THERE THAT THEY SAW ELSEWHERE, AND IN ALMOST EVERY CASE, IT WAS THE OFFSITE MANAGEMENT.
DO WE WANT TO PAINT GOOD NEIGHBORS, AS WE'VE HEARD, WHO ARE RETIRED OR YOUNG, TRYING TO AFFORD THEIR HOUSE IN PLANO AND RENT OUT A ROOM BECAUSE THAT ALLOWS THEM TO STAY HERE.
ARE WE GOING TO PAINT THEM WITH THE SAME BRUSH THAT WE PAINT? SOMEBODY WHO BUYS A HOUSE WITH FIVE ROOMS IN IT AND SAYS, I'M GOING TO RENT THIS OUT AND I'M NOT GOING TO BE THERE.
I'M GOING TO HAVE SOME QUASI RULES THAT I HAVE TO, YOU KNOW, FOLLOW.
THEY'RE NOT THE SAME ANIMAL, AND JUST LIKE NONE OF US LIKE BEING PAINTED WITH A BRUSH.
OH. YOUR OLDER GRAY HAIRED SUIT AND TIE.
YOU MUST BE EXACTLY THIS KIND OF PERSON.
[02:25:03]
IS THAT MORE LIKELY TO HAPPEN THAN THE NEXT 50 THAT COME IN ARE GOING TO BE PROBLEM FOR THE NEIGHBORHOOD? I THINK IT'S FAR MORE LIKELY THAT THEY'RE GOING TO SETTLE INTO THE NEIGHBORHOOD AND BE A PART OF THAT FABRIC AND BRING SOMETHING TO THE NEIGHBORHOOD.I THINK THAT'S MORE LIKELY THAN WHAT WE'RE AFRAID OF.
IT WAS TALKED A LITTLE BIT ABOUT, YOU KNOW, VISITORS VERSUS PAYING VISITORS, AND I CAN KIND OF AGREE WITH THAT, BUT I ALSO LEAN ON WHAT YOU TALKED ABOUT, WHICH IS MORE THAN LIKELY, IF YOU'RE LIVING IN THAT HOME, THE PEOPLE THAT YOU'RE GOING TO INVITE INTO IT, AND I'VE HEARD IT SAID FROM THE OWNERS OF THE AIRBNBS HERE IN TOWN THAT HAVE SPOKE THAT THEY HAVE A VETTING PROCESS THEY GO THROUGH.
WAS I RESPECTFUL? WAS I RESPECTFUL WHEN YOU WERE MAKING YOUR REMARKS? IF I WAS, THEN I ASK THAT YOU BE RESPECTFUL WHEN I MAKE MINE.
SO, I THINK WE DON'T HAVE THE DATA TO SUPPORT.
HEY, EVERYONE THAT COMES IN HERE HAS GOT TO GO THROUGH AN SUP.
THE OTHER THING IS, WELL, I THINK WE KNOW WHERE WE'RE AT, AT THIS POINT.
SO WE HAVE A MOTION AND A SECOND WE'VE HAD OUR DISCUSSION.
SO IF YOU'RE IN FAVOR OF OPTION ONE PLEASE RAISE YOUR HAND.
IF YOU'RE OPPOSED? FOUR AND FOUR.
OKAY. I'D LIKE TO MAKE A MOTION THAT WE ADOPT OPTION THREE AND SEND THAT TO CITY COUNCIL.
COMMENTS IN FAVOR OR AGAINST? I THINK IT CAPTURES MUCH OF WHAT WE'VE TALKED ABOUT, OF THE BENEFITS OF OPTION ONE, AND IT GIVES US A LITTLE BIT MORE OPPORTUNITY TO LEARN MORE AND CONTROL MORE, AND I THINK DO IT IN A MORE DISCIPLINED MANNER AND I THINK WE'VE HEARD LOUD AND CLEAR FROM A LOT OF THE COMMUNITY THAT THEY'RE IN FAVOR OF THIS, NOT THAT SHOULD BE EVEN OUR GUIDING PRINCIPLE, BUT IT CERTAINLY SHOULD BE SOMETHING WE TAKE INTO ACCOUNT, AND I THINK IT ACCOMPLISHES MOST OF WHAT WE NEED WITHOUT GIVING UP MUCH THAT EVERYBODY FOUND GOOD ABOUT OPTION ONE, AND , YOU KNOW, SOME COMMENTS HAVE BEEN MADE ABOUT THE FABRIC OF OF RENTERS, AND I WOULD SUGGEST PEOPLE THAT ARE COMING IN FOR TWO DAYS PROBABLY AREN'T BRINGING MUCH FABRIC TO ANY COMMUNITY, FRANKLY, BUT THAT'S NOT WHAT WE'RE TALKING ABOUT HERE.
I COULD LOOK AT A HOME, RENT IT AS A FINANCIAL BENEFIT TO ME AND THEN COME IN AND GET MY SUPS FOR ONE, TWO, FIVE ROOMS. SO THERE'S A LOT OF DIFFERENT THINGS THAT WE DON'T KNOW, IS MY POINT, AND FOR THAT REASON, I THINK I URGE US TO MOVE FORWARD CAUTIOUSLY AND I ALSO THINK IT WOULD BE FANTASTIC IF WE COULD ALL VOTE FOR ONE PROPOSAL AND SEND THAT TO COUNCIL, AND TO THAT END, I SUGGEST WE DO THAT WITH NUMBER THREE.
OKAY, I WILL GO, WE'LL DO IT LIKE WE DID LAST TIME.
WE'LL START WITH MR. LISLE. DO YOU HAVE ANYTHING TO COMMENT OR NOPE, YOU'RE GOOD.
MR. OLLEY MY ISSUE WITH OPTION THREE AGAIN GOES BACK TO WHEN I BOUGHT MY HOME.
THERE'S A REASON WHY I DON'T LIVE IN AN HOA COMMUNITY.
BECAUSE I DID NOT SIGN UP FOR SOMEBODY ELSE TO TELL ME WHAT TO DO WITH MY HOUSE.
FOR REGULATION TO COME OVER THE TOP AND TELL ME WHAT TO DO WITH MY HOUSE.
I HAVE A FUNDAMENTAL ISSUE WITH THAT.
THAT'S ONE. TWO, WE'VE TALKED ABOUT THE LOGISTICS OF.
ESSENTIALLY HAVING EVERY RESIDENTIAL HOMEOWNER RUN THROUGH AN SUP PROCESS, WHICH IS WHAT OPTION THREE IS GOING TO SUGGEST. NO, WE ARE TERM LIMITED.
I PITY MISS DAY WHO WILL HAVE TO SIT THROUGH ALL OF THOSE.
THE THIRD IS, YOU KNOW, WE ARE IN PLANO.
PLANO IS A RELATIVELY WELL RESOURCED COMMUNITY.
[02:30:04]
IF YOU MAKE ME COME FIGHT YOU FOR SOMETHING.I HAVE THE RESOURCES TO COME FIGHT YOU FOR IT, AND WE OPENED THIS COMMUNITY, THIS CITY, TO MULTIPLE POINTS OF LITIGATION THAT I BELIEVE THAT WE DON'T NECESSARILY NEED TO.
SO OPTION THREE IS, TO ME, ESSENTIALLY A NONSTARTER BECAUSE IT VIOLATES THINGS THAT I FEEL ARE FUNDAMENTAL.
ONCE I MADE THAT PURCHASE OF MY LARGEST ASSET THERE WERE SOME THINGS THAT WERE ATTACHED TO IT, AND TAKING IT AWAY WILL CAUSE AN ISSUE.
MR. BRONSKY. WELL, WE'LL GO BACK TO YOU THEN.
I WOULD JUST SAY TO COMMISSIONER OLLEY, YOU'RE THE FUNDAMENTAL RIGHTS ARE ALL LIMITED BY ZONING.
ZONING IS A REGULATION ON LAND, EVERYTHING.
YOU CAN'T BUILD YOUR HOUSE ONE INCH CLOSER TO YOUR PROPERTY LINE.
YOU CAN'T BUILD IT ONE INCH CLOSER TO THE STREET.
THERE'S ALL THESE REGULATIONS ON WHAT YOU CAN AND CAN'T DO THERE, AND THIS TRANSIENT OCCUPANCY IS NOT SINGLE FAMILY RESIDENTIAL USE LIKE WE HAVE A ZONING ORDINANCE.
WE HAVE EVERY PIECE OF LAND IN OUR CITY REGULATED BY THESE LAWS, AND NO ONE ON EITHER SIDE HAS HAD ANY ISSUE WITH DOING STRS IN AREAS THAT HOTELS ARE ALLOWED.
WHY IS THAT? BECAUSE THEY'RE HOTELS.
THESE STRS COLLECT HOTEL TAXES AND PAY THEM.
WHY? BECAUSE THEY'RE HOTELS, AND SO I AM A HUGE PROPERTY RIGHTS PROPONENT.
MISS DAY CAN TELL YOU I HAVE A HISTORY OF FIGHTING FOR MORE FREEDOM, BUT WE'RE ON A ZONING COMMISSION, AND THE ZONING COMMISSION REGULATES LAND USE, AND SO THE QUESTION BEFORE US IS WHAT LAND USE MAKES SENSE IN OUR SINGLE FAMILY NEIGHBORHOODS AND THE CLOSER WE GET TO SOMEONE LIVING IN THEIR HOME AND HAVING A GUEST, THE CLOSER WE ARE TO A SINGLE FAMILY USE, AND I BELIEVE THAT'S OPTION THREE.
THANK YOU. MR. BRONSKY, VERY, VERY QUICKLY, I AGREE.
THEN VOTE FOR THREE, [CHUCKLING] BUT THERE IS NO ZONING LANGUAGE THAT TELLS ME I COULD NOT USE THAT.
I COULD NOT HAVE THAT LAND USE.
IT'S NOT IN THE, IT'S NOT IN THE ORDINANCE, IT'S NOT SPELLED OUT, AND IF IT'S NOT CLEARLY SPELLED OUT, THEN I HAVE A GAP, AND THAT'S RIGHT WHERE I'D LIKE TO START, BECAUSE I BELIEVE OPTIONS ONE AND TWO OPEN THAT GATE UP TO EVERY PLACE IN THE CITY AND THEN PERMITS STRS TO BE IN EVERY NEIGHBORHOOD ACROSS THE CITY AND LIKE YOU.
I DO NOT LIVE IN AN AREA THAT HAS AN HOA, BUT HAD I REALIZED.
WHEN I WAS BUYING MY HOME THAT THIS WAS GOING TO BE AN ISSUE, AND THAT I KNEW THAT AN HOA WOULD BE ABLE TO SAY, NO, YOU CAN'T HAVE PEOPLE IN YOUR NEIGHBORHOOD THAT ARE NOT LONG TERM PEOPLE, OR THAT AN HOA WOULD BE ABLE TO SAY, NO STRS.
I WOULDN'T HAVE BOUGHT MY HOUSE.
IN ADDITION TO THAT, I'VE GOT TO AGREE WITH BILL.
ZONING IS DESIGNED TO MAKE LIMITS, AND.
TO THAT POINT, I BELIEVE THAT WASN'T THE INTENTION TO ALLOW THE STRS THROUGHOUT THE ENTIRE CITY.
SECONDLY, I BELIEVE THAT WE'VE GOT TO COME TO A CONSENSUS ON ONE OF THESE THREE OPTIONS.
OPTION ONE I BELIEVE OPTION ONE IS BASICALLY A NONSTARTER AND I THINK OPTION THREE IS THE BEST COURSE FORWARD, BECAUSE I BELIEVE THAT IT PROTECTS WHAT WE HAVE AS FINDINGS FROM THE COMMITTEE THAT DID THIS FOR US.
ADDITIONALLY, IT PROVIDES LIMITS AND PROTECTIONS FOR THOSE OF US.
THAT DON'T HAVE THE OPTION OF AN HOA TO PROTECT US FROM CERTAIN THINGS.
THIRDLY THE COMMENT WAS MADE ABOUT BACKGROUND CHECKS, AND FROM MY UNDERSTANDING OF AIRBNB, I DON'T BELIEVE THESE GUYS ARE PERMITTED TO HAVE EXTENSIVE BACKGROUND CHECKS AND BE ABLE TO TELL ME WHETHER THEY'VE GOT SEX OFFENDERS LODGING IN
[02:35:10]
THEIR PROPERTIES FOR WELL BEYOND THE SEVEN DAY LIMIT THAT THE STATE HAS PUT IN PLACE, AND FOR THAT, I BELIEVE THAT THREE IS THE MOST TARGETED AND THE WISEST COURSE FOR US TO MOVE FORWARD, TO BE ABLE TO IMPLEMENT SOMETHING AND HAVE A STARTING POINT TO PRESENT TO COUNCIL.DO YOU WANT TO COMMENT OR NO? I DO, I'M JUST FORMING MY DISCUSSION.
WHILE YOU'RE THINKING ABOUT THAT, CAN I MAKE A SUGGESTION? SURE. RATHER THAN US ALL HAVE OUR SAY HERE.
I THINK I KNOW WHICH WAY THIS IS GOING.
I'M JUST WONDERING IF WE SHOULD JUST CALL THE VOTE ON OPTION THREE, AND THEN WE CAN SEE IF IT PASSES OR IT DOESN'T, THEN WE HAVE OPTION TWO TO CONSIDER, AND MAYBE SOMEWHERE IN THERE WE FIND SOMETHING WE CAN WORK WITH.
SO IF YOU'RE OKAY WITH THAT, I'D RATHER CALL THE VOTE.
OKAY. ALL THOSE IN FAVOR OF OPTION THREE? FOUR. ALL THOSE OPPOSED? FOUR. THAT'S WHAT I THOUGHT.
OKAY. I NEED A MOTION ON OPTION TWO.
OKAY. SO WE, YOU KNOW, WE HAVE A WE HAVE A JOB, AND IF YOU RECALL, ON THE SHORT TERM ON THE INTERIM BAN, WE ACTUALLY SENT NO RECOMMENDATION TO COUNCIL. I FELT LIKE WE DIDN'T DO OUR JOB, AND SO HERE WE ARE, AND WE'VE GOT THREE OPTIONS PROVIDED BY STAFF, AND WE HAVE TWO OF THEM THAT ARE, YOU KNOW WHAT.
WE'RE IN A TIE AND I DON'T SEE US MOVING OFF OF THAT.
KIND OF GIVES US THE OPTION OF LIMITING WHERE THEY CAN GO, BECAUSE IT GIVES US A SEPARATION, RIGHT? IT HELPS WITH THE DENSITY.
YOU'RE NOT GOING TO WIND UP WITH A WHOLE BUNCH OF THEM ON YOUR STREET.
SO CLARIFY WHAT PERMITTED IN ANY RESIDENCE MEANS THEN.
WHICH ONE ARE YOU LOOKING AT? WHAT ARE YOU LOOKING AT? OPTION TWO.
SO THERE IS A 600 FOOT SEPARATION.
SO YOU CAN'T HAVE THEM RIGHT NEXT TO EACH OTHER.
SO THIS I'VE HEARD THIS OVER AND OVER THAT ANY HOUSE COULD HAVE THEM, BUT IF THEY PULLED THE MAP UP YOU CAN SEE THAT OPTION TWO ON THE ON THE LIVE IN MANAGEMENT STRS BECAUSE IT SAYS RIGHT THERE, RIGHT ELSEWHERE 600FT FROM ANOTHER STAR DO WE HAVE ONLY ONLY FOR THE ONE ROOM THE MULTIPLE ROOM DOES NOT HAVE THAT LIMITATION.
THE MULTIPLE, NO, THE MULTIPLE ROOM IS BY SUP ALREADY.
SO THAT'S HOW WE CONTROL THE DENSITY.
OPTION TWO FOR THE LIVE IN MANAGEMENT, SINGLE ROOM OCCUPANCY IS SAYING YOU CAN'T HAVE ANOTHER ONE CLOSER THAN 600FT TO AN EXISTING ONE, AND THAT EVEN INCLUDES THE EXISTING SHORT TERM RENTALS IN PLACE.
YOU'VE JUST ELIMINATED AT LEAST HALF HALF THE RESIDENTIAL AREAS IN THE CITY.
NOW, CAN I ASK A QUESTION? YES. HOW DO WE MEASURE THE 600FT? IS THAT PROPERTY LINE TO PROPERTY LINE THE WAY THE BIRD FLIES? PROPERTY, LINE TO PROPERTY, LINE THE SIDEWALK OR THE BIRD LINE THE WAY THE BIRD FLIES.
OKAY, SO BIRD FLIES BUILDINGS AND STRUCTURES.
IN ALL FOUR DIRECTIONS, AND THEN DO WE HAVE STIPULATIONS ON TO GUIDE THIS COMMITTEE ON WHAT WOULD ALLOW AN SUP AND WHAT WOULDN'T ALLOW AN SUP, AND IS THE 600 FOOT REQUIREMENT SET IN STONE, OR CAN IT BE WAIVED BY THIS COMMITTEE IN THE FUTURE? OR THIS WHATEVER YOU WANT TO CALL US, THE COMMISSION.
THE SUP REQUIREMENT WOULD STAND; IT'D BE PART OF THE ZONING ORDINANCE.
THERE'S NO WAIVER PROVISION AS WRITTEN TODAY, BUT I MEAN, IF SOMEONE WAS APPLYING FOR AN SUP, CAN THE 600 FOOT REQUIREMENT BE WAIVED BY THE PEOPLE THAT ARE ISSUING THE SUP? NOT AS THE LANGUAGE IS WRITTEN TODAY.
OKAY, HOW DO I GET TO THE STIPULATIONS FOR THE SUP, AND THEN THERE ARE STIPULATIONS THAT ARE RECOMMENDED FOR CONSIDERATION OF A SPECIFIC USE PERMIT IF YOU LOOK IN OPTION TWO.
[02:40:01]
IT STARTS ON PAGE 16 OF THE HARD COPY I'M NOT.YES. I DON'T KNOW IF THE ELECTRONIC COPY IS PROBABLY A LITTLE DIFFERENT, BUT T HIS--PAGE 25, IN OUR PACKETS.
RIGHT, BUT IT SAYS MAY BE IMPOSED, NOT SHALL BE.
WHAT ARE YOU LOOKING AT? PAGE 14 OF 46, SPECIFIC USE PERMIT FOR SHORT TERM RENTALS CONSISTENT WITH 6.100.
YOU'RE SAYING THE 600 FOOT REQUIREMENT OR ARE YOU TALKING ABOUT SOMETHING? THESE ARE CONSIDERATIONS THAT THESE ARE LISTED A LIST OF ADDITIONAL CONSIDERATIONS.
SO WHEN AN SUP APPLICANT IS COMING BEFORE THE COMMISSION YOU MIGHT WANT TO LOOK AT THESE ITEMS. RIGHT. SO THIS IS RECOMMENDING THINGS THAT THEY COULD LOOK AT, BUT WHERE ARE THE THINGS THAT THEY HAVE TO LOOK AT.
THE THINGS THAT ARE GOING TO BE REQUIRED ARE WOULD BE THE 600 FOOT SEPARATION AND I, AND WHERE DOES IT SAY THAT? I WILL TRY TO FIND THAT FOR YOU UNLESS CHRISTINA CAN FIND IT FASTER.
ON PAGE 13 AT THE BOTTOM, AND ESSENTIALLY ANYTHING WITHIN 600FT IS REQUIRED TO GET AN SUP.
SO THAT SUP IS ESSENTIALLY WHAT WOULD ALLOW THAT WAIVER OF THAT DISTANCE IF IF THAT MAKES SENSE.
ELSEWHERE, WE HAVE MORE THAN 600FT.
OH, I'M LOOKING AT. CAN YOU REPEAT THAT? THERE'S NO NEED FOR A WAIVER FOR THE REQUIREMENT.
WHEN THESE LIVE IN MANAGEMENT, SINGLE ROOMS ARE REQUESTING AN SUP, IT IS BECAUSE THEY ARE WITHIN 600FT, AND SO THAT IF YOU ARE CONSIDERING AN SUP FOR THESE LOCATIONS, THAT IS--SO, THE SUP DOES WAIVE THE 600 FOOT REQUIREMENT.
NO, NO, THAT'S WHAT SHE JUST SAID.
YEAH. LET ME READ IT IF YOU DON'T MIND, BUT THAT'S WHAT YOU JUST SAID.
LIVE IN MANAGEMENT SINGLE ROOM ELSEWHERE WHEN AT LEAST 600FT AWAY FROM ANOTHER SHORT TERM RENTAL OR COMMA OTHERWISE BY SPECIFIC USE PERMIT.
YOU CAN SUP AROUND YES, ABSOLUTELY.
IF THEY WANT TO SET UP A SINGLE ROOM LONG TERM OR SHORT TERM RENTAL, AND THEY'RE WITHIN 600FT OF ANY OTHER SHORT TERM RENTAL, NOT JUST ANOTHER SINGLE, BUT ANY OTHER SHORT TERM RENTAL THEY CAN, IF THEY SO DESIRE, APPLY FOR A SPECIAL USE PERMIT THAT WOULD COME BEFORE THIS COMMISSION TO DETERMINE WHETHER OR NOT IT WAS WORTH WAIVING THAT 600FT REQUIREMENT.
I'M SORRY, I SHOULD HAVE BEEN MORE SPECIFIC.
THE BY RIGHT STANDARD, THERE'S NO WAIVER.
IT'S ONLY THE SUP PROCESS OR THE 600 FOOT SEPARATION.
RIGHT, SO YOU CAN SUP AROUND THE 600 FOOT REQUIREMENT.
YES. YES, ABSOLUTELY, AND THEN THAT WE WERE JUST TALKING ABOUT ONE ROOM.
IT'S ONLY BY SUP THAT'S CORRECT.
YES. RIGHT, AND THEN THE HOTEL AREAS.
WE ALL AGREE YOU CAN DO IT IN THE HOTEL AREAS BECAUSE THEY'RE LITTLE HOTELS, BUT TO BE CLEAR, MAKE SURE I'M SAYING THIS, BUT YOU CANNOT SUP AROUND A OFF SITE MANAGEMENT. THAT'S RIGHT.
CORRECT? THAT'S ONLY FOR MULTI ROOM ON SITE MANAGEMENT WOULD BE SUP, AND SO THE LIST OF THINGS THAT SHOULD OR THAT COULD BE CONSIDERED.
[02:45:02]
THAT WE THAT I WENT TO FIRST ON 14 OUT OF 16.IT DOESN'T SAY THEY HAVE TO, IT JUST THIS COMMITTEE WOULD CONSIDER THOSE THINGS, WOULD EVALUATE THE REQUEST, BUT THEY CAN WAIVE THE 600 FOOT REQUIREMENT? YES. WELL THEY WOULD HAVE TO BECAUSE THEY WOULDN'T BE COMING FORWARD WITH IT UNLESS THEY WERE WITHIN 600FT OF ANOTHER STR, AND I'M SURE EVERYONE CAN I STILL AM FOR THE MOST LIMITED I UNDERSTAND.
SO I'LL MAKE A MOTION THAT WE APPROVE OPTION TWO WITH THE LIMITATIONS SET FORWARD IN THE PROPOSAL, AND SEND THAT TO COUNCIL FOR CONSIDERATION WHERE THEY CAN MAKE ADJUSTMENTS AS THEY DEEM FIT, AND I HAVE A SECOND BY COMMISSIONER BROUNOFF.
ALL RIGHT. LET'S SEE WHAT HAPPENS HERE.
OKAY, SO WE HAVE A MOTION AND A SECOND ON OPTION TWO, WHICH LIMITS WHERE THEY CAN GO.
WE'RE JUST TRYING TO THREAD THAT NEEDLE BETWEEN GETTING SUED BY ONE SIDE OR THE OTHER.
SO I'M JUST BEING HONEST HERE.
OKAY, GUYS. SO WE HAVE A MOTION AND A SECOND ON OPTION TWO.
ALL THOSE IN FAVOR? THAT'S FOUR. ALL THOSE OPPOSED.
OKAY, WE'RE TIED AGAIN, AND THE ROLES ARE REVERSED.
I MEAN, WE HAVE PEOPLE THAT ARE VOTING FOR DIFFERENT THINGS FOR DIFFERENT REASONS.
THREE FOR THREE. [CHUCKLING] MR. OLLEY, WOULD IT MAKE A DIFFERENCE IF THE SEPARATION WAS 300FT? 300FT IS A COMMON SEPARATION THAT WE USE FROM OTHER USES AROUND RESIDENTIAL NEIGHBORHOODS.
WE USE THOUSAND FEET, FOR EXAMPLE, FOR ALCOHOL AND THOSE USES FROM A CHURCH OR A SCHOOL, BUT COUNCIL HAS THE ABILITY TO WAIVE THOSE JUST LIKE WE DO. SO 300FT WERE AT LEAST GETTING PRETTY CLOSE TO, HEY, YOU KNOW WHAT? WE'RE RECOGNIZING PROPERTY RIGHTS, AND AGAIN, AS MY INTENTION WAS, MY INTENTION HERE FOR THIS COMMISSION IS TO FORWARD SOMETHING TO COUNCIL VERSUS A "WE CAN'T MAKE UP OUR MINDS." QUESTION: THE REGISTRATION ORDINANCE WHENEVER IT'S FRAMED TO COUNCIL WILL E SSENTIALLY PUT SOME KIND OF BURDEN ON FOLKS WHO WANT TO OPERATE A SHORT TERM RENTAL.
MY. ISSUE WITH THE SUP IS YOU NOW LAY AT ANOTHER BURDEN.
IF I WANT TO OPERATE AS A LIVE IN MANAGEMENT.
SO THERE'S A DUALITY OF BURDEN, FOR LACK OF A BETTER WORD WHICH I N SOME WAYS ALMOST PICKS WINNERS AND LOSERS, RIGHT? AT A CERTAIN INCOME BRACKET.
I CAN GO THROUGH ALL THE HOOPS YOU WANT ME TO GO THROUGH, BUT IF, AND WE'VE HEARD A COUPLE OF PEOPLE MAKE THESE COMMENTS, IF I'M RETIREE ON A FIXED INCOME, I AM NEW HOME OWNER.
I JUST HAPPENED TO GRAB THE 7% MORTGAGE.
GOOD LORD, MY MARGINS ARE GONE.
SO IT'S NOT EVEN IT'S NOT A BUFFER THAT I'M STRUGGLING WITH.
IT'S THAT ADDITIONAL LAYER OF BURDEN, AND I UNDERSTAND THAT.
ANYONE BUYING NOW MOVING FORWARD WILL KNOW THE REQUIREMENTS COMING IN, AND I THINK THAT'S HELPFUL IN THIS CASE, BUT WE'RE NOT BEING TOO RESTRICTIVE.
I MEAN MY STARTING POINT WAS OPTION ONE, BUT I CAN'T WE CAN'T COMPLETELY IGNORE THE VOICES OF, YOU
[02:50:06]
KNOW, A FAIR NUMBER OF PEOPLE, REGARDLESS OF WHETHER WE'RE GOING TO HAVE A WHOLE BUNCH OF DISRUPTIVE SHORT TERM RENTALS OR NOT, THEIR PERCEPTION IS IT'S A PROBLEM, AND IN SOME CASES IT IS.SO IS IT REASONABLE AND PART OF GOVERNANCE TO SUGGEST WE MEET SOMEWHERE IN THE MIDDLE? AGAIN, WE'RE NOT FORCING SOMEBODY ALREADY HERE OUT OF A POTENTIAL.
ONE SECOND. CAN WE PUT UP THE OTHER POSSIBLE CONSIDERATIONS ON THE SUP? WELL, IT WOULD BE OPTION THREE OR TWO BECAUSE OPTION ONE, THERE WAS NO SUP PROCESS FOR ONE ROOM SHORT TERM RENTALS LIVE IN MANAGEMENT.
I WANT TO PUSH SOMETHING THROUGH TO COUNCIL THAT IS MORE LIKELY TO PROBABLY FIT WHERE WE'LL WIND UP IN THE END, WHICH IS UNLIKELY TO BE FAR ONE DIRECTION OR THE OTHER, AND I SAY THAT ONLY HAVING SET THERE BEFORE.
I WOULD RATHER HAVE SOMEWHERE IN THE MIDDLE AND THEN THEY CAN MOVE WHICH DIRECTION THEY WANT.
NOT WHERE DO WE WIND UP ON ONE END OR THE OTHER? WHERE DO WE MEET IN THE MIDDLE, BECAUSE WE'RE NOT GOING TO MEET ON THE MIDDLE.
IF WE GO TO ONE OF THE OTHER OPTIONS, THEY WERE WRITTEN UP AND DESIGNED THAT WAY TO BE ONE LEAST RESTRICTIVE AND ONE MOST RESTRICTIVE, AND THEN SOMETHING IN THE MIDDLE GOVERNMENT IS COMPROMISED, LOOKING FOR A WAY TO MEET THE NEEDS OF THE RESIDENTS OF THE CITY, AND WE HAVE RESIDENTS THAT WANT THE STR AND THE PROPERTY RIGHTS AND EVERYTHING THAT GOES ALONG WITH IT AND WE HAVE RESIDENTS THAT DON'T WANT THAT TO BE AN OPTION.
SO WHERE SHOULD WE BE ON THE ONE WAY OR ON THE OTHER? AND YOU CAN SAY, OH, BUT WE'VE GOT THE SUP PROCESS.
WHO'S GOING TO GO THROUGH THAT? AND TO MR. BROUNOFF'S POINT, IS THAT A GOOD THING FOR THE CITY TO DO, GO THROUGH AN SUP PROCESS EVERY TIME SOMEONE WANTS TO OPEN UP A SHORT TERM RENTAL.
SO, MR. LISLE. ONE THING I JUST WANT TO POINT OUT IS THAT YOU TALK ABOUT BEING IN THE MIDDLE, BUT YOU STARTED WITH NUMBER ONE.
I DID, AND SO AND SO I'M MOVING TOWARD THE MIDDLE.
I UNDERSTAND, BUT WE DIDN'T START THERE.
IF THAT WAS THE GOAL, WE COULD HAVE STARTED THERE AND THAT WOULD HAVE BEEN MORE CONVINCING, AND THEN I WANTED TO ADDRESS MR. OLLEY AS WELL, AND BECAUSE THE NEW HOMEOWNER, THE RETIREMENT FOLKS, THERE IS STILL AN OPTION.
MY NEIGHBOR ACROSS THE STREET HAS TWO ROOMMATES.
THERE'S NOTHING THAT SAYS YOU CAN'T GENERATE REVENUE AND SHARE THE UTILITIES, AND THOSE GUYS THAT SHARE THAT RENT THOSE TWO ROOMS, THEY'RE MY NEIGHBORS. I SEE THEM ON MY DOG WALKS.
THEY LIVE THERE, AND SO THERE ARE OTHER NORMAL RESIDENTIAL USES THAT AREN'T THIS SHORT TERM IN AND OUT WITH STRANGERS, BUT WHAT IF YOU'RE A RETIREE WHO REQUIRE WHO WOULD LIKE TO HAVE THE HOUSE TO THEMSELVES FOR WEEKS AT A TIME? MY POINT IS NOT THAT IT'S A PERFECT SITUATION FOR EVERYONE.
MR. OLLEY. I CAN JIVE WITH A 300, BECAUSE 600 FROM ALL FOUR CORNERS.
WILL VERY QUICKLY ELIMINATE A LOT OF PLANO VERY, VERY QUICKLY, AND AGAIN I HEAR YOUR POINT; I GET YOUR POINT, BUT I AGAIN I STILL A M TRYING TO BALANCE THE RIGHTS OF THE PROPERTY OWNER WITH QUITE FRANKLY, BEING A GOOD NEIGHBOR.
RIGHT, AND THAT'S THE TENSION I'M TRYING TO HOLD HERE, AND MAYBE I'M TINGED A LITTLE BIT WITH THE EXPERIENCES I MENTIONED THAT QUITE FRANKLY, BEING A GOOD NEIGHBOR IS NOT
[02:55:06]
SOME KIND OF INDELIBLE CHARACTER THAT HAS THAT IS ATTACHED TO SOMEBODY WHO OWNS AND LIVES SOMEWHERE, RIGHT? IT JUST IS NOT IT'S A SIMILAR TONE THAT COMES WHEN WE TALK ABOUT MULTIFAMILY.RIGHT, AND I WOULD TELL YOU THAT I OFTEN GO AND PAY FOR A DAY PASS SO I CAN HANG OUT WITH THE PEOPLE AT THE POOL, AT THE HOTEL, BUT ONE OF THE THINGS YOU HAVE TO MIX INTO YOUR EQUATION HERE IS ZONING, AND WHAT IS THE SINGLE FAMILY NEIGHBORHOOD ZONED FOR? THERE ARE WONDERFUL PEOPLE AT HOTELS AND MOTELS ALL OVER OUR CITY.
AGAIN, I THINK YOU ARE A SINGLE FAMILY IS ZONED FOR SINGLE FAMILIES.
WE CAN GO INTO THE WEEDS OF WHAT IS RESIDENTIAL, WHAT IS SLEEP, WHAT IS BEDS, WHAT IS OTHER.
CAN I JUST REAL QUICK, A NEIGHBOR, I THINK, IS SOMEBODY THAT LIVES BESIDE YOU FOR MORE THAN A DAY, PROBABLY BY EVERYBODY'S DEFINITION, AND A LIVE IN MANAGEMENT IS GOING TO BE SOMEBODY THAT LIVES THERE FOR MORE THAN A DAY.
THE LIVE IN MANAGEMENT IS MY NEIGHBOR.
WE CAN TALK ABOUT THE PARABLE OF THE GOOD SAMARITAN.
ALL RIGHT. SO LET'S I'M GOING TO MODIFY MY MOTION.
I MOVE, WE APPROVE OPTION TWO WITH THE MODIFICATION OF CHANGING 600FT TO 300FT.
SECOND. ALL THOSE IN FAVOR? OKAY. WE'LL WE'LL BE HERE FOR ANOTHER HOWEVER LONG WE'RE GOING TO TAKE A FIVE MINUTE BREAK.
WE WILL RECONVENE AT 10:30 OKAY AS WE CONTINUE TO WORK THROUGH.
TRYING TO FIND A MIDDLE GROUND SOMEWHERE.
ONE OF THE CONCERNS THAT WAS EXPRESSED WAS TREATING ONE ROOM VERSUS MULTI ROOM STRS DIFFERENTLY, AND I DON'T KNOW.
BECAUSE THE NUMBER OF FOLKS THAT COULD BE IN A MULTI-ROOM VERSUS A ONE ROOM IS SUBSTANTIALLY DIFFERENT, BECAUSE WE DON'T REALLY CAP THAT ROOM NUMBER ANYMORE AND SO I THINK THAT THE CHALLENGE IS GOING TO BE THAT YOU COULD HAVE EVEN MORE PEOPLE COMING IN THAT ARE UNKNOWN TO THE NEIGHBOR, EVEN IF YOU HAVE A LIVE IN MANAGER.
WHAT I THINK IS NOT FAIR TO TREAT THEM DIFFERENTLY, BECAUSE LIVING IN ONE HOUSE, MOST OF THE HOUSES IN PLANO HAVE THREE, 4 OR 5 BEDROOMS. IF THEY ARE WILLING TO LEASE OUT ONE ROOM FOR AIRBNB OR SHORT-TERM RENTAL, THEY WILL PROBABLY DO MORE THAN THAT, AND THERE'S NO WAY TO ENFORCE THE PERSON WHO LIVES WHO RENTS OUT ONE ROOM VERSUS MULTIPLE ROOMS [INAUDIBLE] ONLINE PROCESS IS JUST NUMBER OF BEDS THAT THEY'RE RENTING OUT.
SO I THINK IT WILL PUT A BURDEN ON THE CITY IF WE PUT A DIFFERENCE BETWEEN THE ONE ROOM VERSUS MULTIPLE ROOMS TO VERIFY THAT INFORMATION, AND THERE'S REALLY NO WAY TO ENFORCE IT.
SO I'M REALLY AGAINST I KNOW I VOTED ONE WAY AND THE OTHER I WAS HOPING THAT WE CAN MEET SOMEWHERE IN IN THE MIDDLE, BUT I'M REALLY AGAINST TREATING THEM DIFFERENTLY BECAUSE I DON'T THINK THEY'RE ENFORCEABLE, AND HAVING A REGULATION THAT'S NOT ENFORCEABLE IS WORSE THAN NOT HAVING ONE.
SO THAT'S JUST MY PERSONAL OPINION.
CORRECT ME IF I'M WRONG, BUT THE DIFFERENCE BETWEEN THE ONE ROOM AND THE MULTI ROOM IN THE DATA THAT WE HAVE, THERE'S ACTUALLY NO CALLS FOR SERVICE ON THE MULTI ROOM LIVE IN MANAGEMENT.
OKAY. SO I'M GOING TO I'M GOING TO TRY THIS BECAUSE WE FAILED IT.
SO WE'RE GOING TO TRY ANOTHER MOTION HERE.
CAN I MAKE ONE COMMENT BEFORE WE MAKE A MOTION? OKAY. I JUST MR.
[03:00:02]
BROUNOFF A LOT OF THE COMMENTS THAT YOU MADE WERE BASED ON THE CALLS FOR SERVICE, AND I UNDERSTAND THAT'S AN IMPORTANT.THING TO LOOK AT, BUT WHAT DO YOU DO WITH THE SINGLE FAMILY RESIDENTIAL USE AND THE FACT THAT PEOPLE PURCHASED PROPERTY IN SINGLE FAMILY NEIGHBORHOODS, BELIEVING THAT THEY WEREN'T GOING TO HAVE A HOTEL NEXT DOOR? SO I'M JUST TRYING TO UNDERSTAND I UNDERSTAND YOUR POINT ON THE CALLS TO SERVICE, BUT I THINK THERE'S ANOTHER ARGUMENT HERE, WHICH IS THAT OUR ZONING ORDINANCE SAYS SINGLE FAMILY RESIDENTIAL, AND THESE PEOPLE ARE REQUIRED TO COLLECT AND PAY A HOTEL MOTEL TAX, AND SO WHAT DO YOU DO WITH THOSE FACTS AS YOU PROCESS YOUR DECISION? A LOT OF MY COMMENTS WERE BASED UPON TARGETING THE SOURCE OF THE BEHAVIOR THAT WAS CAUSING A PROBLEM WITH THE REGULATION, AND MY COMMENTS WERE THAT RESTRICTING.
THE OFF SITE MANAGED PROPERTIES TO ESSENTIALLY NONRESIDENTIAL AREAS, AND SOME MULTIFAMILY AREAS TARGETED THE OVERWHELMING SOURCE OF THE CALLS FOR SERVICE TO THE POLICE DEPARTMENT.
THE MULTIFAMILY RESIDENT MANAGER PROPERTIES WERE COMPLETELY FREE OF CALLS FOR SERVICE AND THE SINGLE AND THE SINGLE BEDROOM PROPERTIES WITH A RESIDENT MANAGER HAD A VERY LOW NUMBER.
SO I DID NOT SEE A AN OVERWHELMING PROBLEM THAT REQUIRED US TO START SLAPPING A BUNCH OF RESTRICTIONS ON THE SINGLE ROOM OR THE MULTIPLE ROOMS, SO LONG AS THERE WAS A RESIDENT MANAGER, AND SO LONG AS THE NEIGHBORHOODS ESSENTIALLY WERE NOT BEING IMPACTED NEGATIVELY.
PEOPLE HAVE BEEN RENTING BEDROOMS OUT IN THEIR HOUSE FOR AGES.
THIS HAS BEEN GOING ON FOREVER AND IT HAS NOT BEEN, YOU KNOW, A NATIONAL PROBLEM.
IT BECAME A PROBLEM HERE BECAUSE THERE WERE SOME AGGRAVATED SITUATIONS, I THINK MOSTLY TRACEABLE TO THE OFF-SITE MANAGED PROPERTIES THAT ARE SOMEHOW BEING MAGNIFIED TO REFLECT ON THE AVERAGE HOMEOWNER RENTING OUT A SPARE BEDROOM.
I DIDN'T SEE A PROBLEM WHERE THE HOMEOWNER IS GOING TO TOLERATE THE TYPE OF BEHAVIOR THAT WAS THE CAUSE OF THE COMPLAINTS BECAUSE THE MANAGER IS THERE, AND IS IMPACTED BY IT AND HAS TO LIVE WITH HIS NEIGHBORS AND YOU KNOW, SO I SEE THAT THE RESIDENT MANAGER HAS EVERY INCENTIVE TO KEEP EVERYTHING COPACETIC, AND I WOULD JUST SAY THAT IT'S I DON'T KNOW HOW WE CAN MAKE SURE THAT THE RESIDENT MANAGER IS ACTUALLY THERE; THEY HAVE TO LIVE THERE, BUT THEY DON'T HAVE TO BE THERE FOR ONE.
THE ORDINANCE SAYS THEY HAVE TO BE THERE OVERNIGHT WHEN THE WHEN WHEN THERE IS A RENTAL GOING ON.
YEAH. OKAY. I THINK THAT'S VERY HARD.
SO HOW DO WE VERIFY THAT? WELL, THERE'S A LOT OF THINGS IN THIS.
I'D LIKE TO FINISH THIS CONVERSATION.
OKAY, AND THEN YOU MADE A COMMENT THAT THIS HAS BEEN GOING ON FOR AGES, BUT IT HASN'T BEEN GOING ON THIS WAY FOR AGES, WHERE IT'S SHORT TERM, WHERE IT COULD BE SOMEONE DIFFERENT TUESDAY WEDNESDAY NIGHT THURSDAY FRIDAY SATURDAY NIGHT.
JUST LIKE I MADE IN MY COMMENTS WITH COMMISSIONER OLLEY EARLIER.
I HAVE THREE MEN THAT ALL HAVE A BEDROOM ACROSS THE STREET OF THE HOUSE, AND WHEN I WALK MY DOG, I KNOW THEIR NAMES AND I VISIT WITH THEM AND THEY'RE MY NEIGHBORS, BUT THEY'RE NOT A DIFFERENT PERSON.
EVERY NIGHT OR THE POTENTIAL TO BE.
I KNOW THAT THEY'RE GOING TO BE THERE FOR THE NEXT YEAR OR 2 OR 3 OR HOW LONG OR WHATEVER THEY STAY, AND SO ONE OF THE THINGS YOU DIDN'T ADDRESS IN YOUR COMMENTS WAS, WHAT DO YOU DO WITH THE FACT THAT IT'S ZONED SINGLE FAMILY RESIDENTIAL? BECAUSE ON THE OTHER SIDE OF THE NEIGHBORHOOD CONCERNS, OR THE FACT THE PERSON OWNS PROPERTY AND SHOULD HAVE AND HAS A RIGHT LEGALLY TO LEASE THE PROPERTY OUT IF HE WANTS TO, JUST AS THEY'VE DONE FOR AGES.
WELL, WHAT WE'RE TALKING ABOUT HERE IS THE CLASH SORT OF LIKE I DON'T KNOW WHAT'S THE GEOGRAPHIC TERM WHEN YOU HAVE THESE GIANT PLATES IN THE EARTH, THAT TECTONIC PLATES ARE MOVING TOGETHER AND CAUSING EARTHQUAKES? OKAY. I THINK THE RIGHT OF PROPERTY MANAGEMENT AND THE RIGHT OF NEIGHBORHOOD INTEGRITY ARE BOTH SUBSTANTIAL INTERESTS, AND I'M TRYING TO RESPECT THEM
[03:05:04]
BOTH BY ALLOWING THEM BOTH TO CONTINUE.LET ME JUST ALSO SAY THAT WHEN OPTION ONE DIDN'T PASS, I WENT AHEAD AND WENT WITH OPTION TWO.
I COMPROMISED IN THE INTEREST OF GETTING SOMETHING DONE BECAUSE I THOUGHT IT IS BETTER THAT WE SEND SOMETHING TO THE COUNCIL THAN SENDING NOTHING TO THE COUNCIL.
SO I WENT WITH A LESS PREFERRED OPTION WAS OPTION TWO IN ORDER TO TRY TO GET SOMETHING THROUGH.
YOU KNOW, THE DEFINITION OF POLITICS IS THE ART OF THE POSSIBLE.
IT'S NOT THE ART OF THE IDEAL, AND COMPROMISE IS AN ESSENTIAL ELEMENT OF POLITICS IN ORDER TO MAKE GOVERNMENT WORK, AND THAT'S SOMETHING THAT I THINK WE AS A SOCIETY HAVE BEEN LOSING SIGHT OF IN RECENT YEARS.
IT REQUIRES THE WILLINGNESS TO HAVE A LITTLE BIT OF GIVE AND A LITTLE GIVE AND TAKE.
OKAY, SO I'M LOOKING FOR SOMETHING THAT WE CAN ALL LIVE WITH.
I HAVE FOUND A WAY WITHIN MY HEART TO LIVE WITH IT.
I HOPE SOME OF YOU COULD ALSO DO THE SAME.
THANK YOU. SO AGAIN I'M GOING TO I'M GOING TO TRY TO MAKE A MOTION HERE, AND IT'S GOING TO BE DIFFERENT THAN WHAT WE DID LAST TIME, AND BECAUSE I.
I HAVE SOME AGREEMENT WITH COMMISSIONER TONG IN THE TREATMENT OF A LIVE IN VERSUS A OFF SITE.
WHY DO THEY NECESSARILY HAVE TO BE SUBSTANTIALLY DIFFERENT? I APPRECIATE THE STAFF'S EFFORT TO KIND OF SEPARATE THOSE OUT, BUT THE INFORMATION THERE LOOKS LIKE IT'S NOT.
THOSE ARE NO MORE OF A DETRACTION TO THE NEIGHBORHOOD THAN THE SINGLE FAMILY OR THE SINGLE ROOM.
WE APPROVE AND SEND TO COUNCIL.
OPTION TWO WITH THE CHANGES BEING THAT BOTH LIVE IN MANAGEMENT STR SINGLE ROOM AND LIVE IN MANAGEMENT STR MULTIPLE ROOMS ARE ALLOWED IN RESIDENTIAL DISTRICTS.
AS LONG AS THERE'S 300FT SEPARATION.
ANY CLOSER WOULD REQUIRE AN SUP, SO WE'RE TREATING THEM BOTH THE SAME, AND WE ARE GIVING SOME PROPERTY RIGHTS THERE. SO THAT'S MY MOTION.
CAN I GET A SECOND? I'LL SECOND THAT. DAVID, I'D LIKE TO MAKE A COMMENT IF I COULD.
ALL RIGHT. SO WE HAVE A MOTION AND A SECOND.
SO GOSH, I THINK I JUST FORGOT MY COMMENT.
IT'S NOT A COMMON IT'S A QUESTION THE DATA.
WE'RE TALKING ABOUT EXACTLY HOW MANY MULTIFAMILY ROOMS WITH A LIVE IN PERSON DID WE HAVE.
WHAT'S THE NUMBER THAT WE'RE QUOTING WHERE AS OUR DATA.
I MEAN THAT YOU CAN'T TAKE SIX OF ANYTHING AND SAY THAT'S A PIECE OF DATA.
IT'S NOT. SO THAT'S ALL I'LL SAY ABOUT IT.
ALL RIGHT. CAN WE TRY THIS? WE HAVE A MOTION AND A SECOND, AND DO YOU HAVE MY MOTION CLEARLY WRITTEN DOWN? QUESTION? CLARIFICATION.
SO WE'RE ESSENTIALLY GOING TO THE MOTION BASICALLY BREAKS THINGS INTO TWO CLASSIFICATIONS, AND TO LIVE IN MANAGEMENT LIVE IN MANAGEMENT AND OFFSITE MANAGEMENT AND OFFSITE MANAGEMENT, AND ADDED THE 300 FOOT SEPARATION TO EACH OF THOSE OR EXCUSE ME, TO THE LIVE IN MANAGEMENT. SO ESSENTIALLY WHAT IS ON THE SCREEN RIGHT NOW ABOUT 300FT NOT 600.
THAT'S CORRECT. FOR LIVE IN MANAGEMENT.
THAT'S CORRECT. CAN I ASK A CLARIFYING QUESTION AS WELL? OKAY. MR. HOWARD, AS THE DIRECTOR OF THE NEIGHBORHOOD SERVICES, WILL YOUR DEPARTMENT BE RESPONSIBLE FOR ENFORCEMENT OF THIS ORDINANCE? SO THAT'S TO BE DETERMINED, I WOULD THINK.
MY DEPARTMENT WILL BE RESPONSIBLE FOR THE ENFORCEMENT OF THE REGISTRATION ORDINANCE.
NORMALLY THE ZONING STUFF THAT WE GET.
I'M SURE WE WILL PROBABLY FORWARD IT ON, BUT I'M NOT EXACTLY SURE WHEN YOU SAY, AND LET ME BACK UP WHEN YOU SAY RESPONSIBLE FOR THE ZONING, ARE YOU TALKING ABOUT HOW MANY PEOPLE ARE STAYING OVERNIGHT? WELL, HOW MANY PEOPLE AND IF THEY REALLY LIVE THERE OR DON'T LIVE THERE, AND THE RIGHT TO PRIVACY AND I MEAN, THE POLICE CERTAINLY IF THERE'S NOT A CRIMINAL OFFENSE, CAN'T ASK
[03:10:05]
QUESTIONS, AND SO I'M JUST TRYING TO GET WRAP MY HEAD AROUND THE PRACTICAL SIDE OF HOW THIS IS GOING TO WORK.IF WE'RE REQUIRING SOMEBODY TO LIVE ON SITE, ARE YOU GOING TO BE ABLE TO GUARANTEE ME EVERY NIGHT THAT THEY'RE FOLLOWING THROUGH WITH THAT? NOPE BUT I CAN'T GUARANTEE ANYTHING.
CORRECT. RIGHT. I MEAN, THANK YOU, MR. CHAIRMAN, A CLARIFICATION? YES. DOES YOUR MOTION ALSO INCLUDE ALL OTHER RESIDENCES PERMITTED BY SUP IF THEY'RE WITHIN THE 300FT.
SPEAK INTO YOUR MIC. OOPS, SORRY.
DOES YOUR MOTION INCLUDE THE SUP PROCEDURE IF AS TO PROPERTIES WITHIN 300FT? YES. OKAY.
OKAY. WE HAVE A MOTION AND A SECOND, AND I THINK WE'VE CLARIFIED IT.
PLEASE VOTE. THAT ITEM CARRIES.
OPPOSED. I DIDN'T SEE, MR. BRONSKY, YOUR VOTE. WAS IT OPPOSED? OKAY, SO THAT MOTION CARRIES 5 TO 3.
OKAY. WE DON'T HAVE ANY NON PUBLIC HEARING ITEMS. WE DO NOT.
OBVIOUSLY NOT. EASY DISCUSSIONS.
* This transcript was compiled from uncorrected Closed Captioning.