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 This is our work session and with a quorum present, I will call us to order at 5 o 1

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 p.m.

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 I'll let the record show that Commissioner Smith is absent today.

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 First item on our work session is citizen comment on our consent agenda items for this

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 evening.

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 Is there anyone here wishing to speak on consent?

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 Seeing none, we'll move to item two, which is clarification of agenda items for tonight's

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 meeting.

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 The first being our minutes from February 14th and 21st.

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 Any questions on these?

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 Next would be our consent agenda.

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 Commissioners, do you have any questions on the consent agenda?

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 We've got two items there today.

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 Okay, then we've got next our items for individual consideration for A. Angie, come on up and

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 give us the rundown.

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 Why not?

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 Why not?

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 We're here.

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 It's our protocol.

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 And let me find.

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 Here we go.

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 Sorry about that.

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 Angie Mangleris, development review manager.

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 This is a final plat for JPEI Bonnie Bray, it is a multifamily project on approximately

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 31 acres.

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 It is located off of Bonnie Bray Road, just south of Bronco Way.

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 They do not currently meet all of our criteria for approval for a final plat.

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 So staff is recommending denial.

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 We have no objection to the requested extension, which could be granted to a date certain of

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 March 20th, 2024, and this would be their first extension request.

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 Happy to answer any questions.

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 Thank you.

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 Any questions on that one?

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 Okay.

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 Thank you.

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 Next one is 4B, FP 240005.

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 Matt's making his way up to give us a summary of that item.

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 Hello there.

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 Hello.

40
00:02:04,120 --> 00:02:05,120
 Good evening.

41
00:02:05,120 --> 00:02:06,120
 All right.

42
00:02:06,120 --> 00:02:07,120
 Here we go.

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 All right.

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 So this is a final plat in the City of Denton's ETJ Division One on the very north side, Cavanaugh

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 Lake Roberts.

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 This final plat is submitted on behalf of a group seeking to put in a cell tower.

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 City of Denton has plotting authority and Division One, at this time, staff recommends

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 a denial because they do not meet our criteria for approval.

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 However, they did submit a request for extension and have no objection to granting that request.

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00:02:46,960 --> 00:02:47,960
 Great.

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 Questions?

52
00:02:48,960 --> 00:02:49,960
 Okay.

53
00:02:49,960 --> 00:02:50,960
 Thank you, ma'am.

54
00:02:50,960 --> 00:02:51,960
 Okay.

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00:02:51,960 --> 00:02:57,600
 That will take us to our public hearing portion for this evening.

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 5A staff is requesting to postpone that until March 20th.

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 Are we -- we're not needing to open that.

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 We are needing to open that public hearing and -- okay.

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 So it's already been noticed.

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 Okay.

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 So we will open that public hearing and then I'll look for a motion to postpone until the

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 20th.

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 Everyone will agree to that.

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 Okay.

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 Great.

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 Next public hearing item is 5BZ230014.

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 Hello.

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 Good evening.

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 Ashley Eckstead, assistant planner.

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 This is E2314.

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 This is a zoning change request for RDO equipment.

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 Their request is to change from rural residential zoning to a light industrial zoning.

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 This is approximately 13.4 acres and it's on the south side of US 380 west of Mosh Branch.

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 This was annexed in 2010 and this RR zoning is the placeholder zoning from when it was

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 annexed.

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 It is currently undeveloped and it's currently surrounded primarily by other undeveloped

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 property and gas wells.

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 Their proposed use is an equipment sales and rental use and a warehouse use.

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 And equipment sales and rental does require a specific use permit in LI so that will follow

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 at a later date and staff is recommending approval.

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00:04:08,040 --> 00:04:09,040
 Happy to answer any questions.

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 Thank you very much, Ashley.

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 Any questions on this item?

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00:04:12,600 --> 00:04:13,600
 Commissioner Cole.

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 Thank you, Chair.

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 That gas well that's right there next to it, how many is that within the 500 feet or is

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 that not?

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 The one to the side over here?

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00:04:24,440 --> 00:04:25,440
 Looks like it might be outside of it.

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 Yeah, it's in 500 feet but these uses aren't protected uses but that gas well is also in

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 the ETJ.

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 I'm talking about the one down here not in the ETJ.

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 This one, yeah.

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 That one is also within 500 feet.

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 Cool.

96
00:04:39,200 --> 00:04:41,320
 Thank you.

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 Anything else for Ashley on this one?

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00:04:43,880 --> 00:04:44,880
 Okay.

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00:04:44,880 --> 00:04:45,880
 Thank you much.

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00:04:45,880 --> 00:04:46,880
 Okay.

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 The final public hearing item is 5C DCA 230002.

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 Hello again.

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00:04:58,360 --> 00:04:59,360
 Hello everyone.

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00:04:59,360 --> 00:05:02,880
 Angie Manglaris, Development Review Manager.

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 And this is DCA 230002B says amendments to short term rental regulations, definitions,

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 parking related to the use short term rentals, a little bit of background on how we got here.

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 This has been about a year in the making, 10 DCRC meetings were held covering this topic.

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 Two town hall meetings to solicit public engagement occurred as well as a online survey which

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 received approximately 224 responses to get input on short term rental regulations.

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 What we currently have, where we want to go, the DCRC as well as staff worked together

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 to come up with regulations that were acceptable by all and felt like were the best path forward.

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 Not everybody got 100% what they wanted in those discussions as far as how regulations

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 went but I think we did come to a middle ground that is staff sees as enforceable and will

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 help us achieve the goals of ensuring compliance with these regulations and registration of

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 short term rentals that are operating in the city.

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 Having said that, what's the current state of short term rentals?

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 Short term rentals are currently allowed in all of our residential zoning districts as

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 a permitted use and also in the MN zoning district as a permitted use.

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 As you can see by the side bar here, they do have extensive use specific standards that

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 are associated with them.

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 Those cover everything from registration requirements, what you need to provide when you register,

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 who needs to be available as a contact for short term rentals, parking requirements,

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 notification requirements to neighbors and what you are required to provide when you

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 do register as a short term rental.

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 The use today in the DDC is currently defined as the rental of an entire dwelling unit for

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 monetary consideration for a period of time that is less than 30 consecutive days.

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 We do currently require all operating short term rentals to register with the city.

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 As of yesterday, we have 27 registered short term rentals of an estimated 250 operating

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 within the city limits.

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 We do require and it's used kind of interchangeably in the code today, a 24 hour or a local emergency

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 contact to be provided by all short term rental operators, which is an individual who occupants

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 of a short term rental or neighboring properties could get a hold of at any time should an

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 emergency arise.

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 We don't currently have a permit cap for short term rentals in the city.

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 The reason I mention that right now is that is the biggest change to the use specific

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 standards as you see them is the recommendation of a permit cap in residentially zoned districts

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 of 1,000 per calendar year.

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 That's kind of where we are today on short term rentals.

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 I also wanted to throw this definition for hotel up there because a lot of times it gets

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 asked what is the difference between a short term rental hotel and I felt like before we

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 dive into this conversation tonight, it would be good to note the biggest difference is

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 hotels do provide additional services that includes meeting rooms, restaurants, recreational

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 facilities and guest quarters are typically accessed through a hallway.

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 Just kind of set the what's the difference in the two and how they're defined.

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 So the task before you tonight is to consider proposed amendments to our table of allowed

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 uses you specific standards are you specific standards specific to short term rentals off

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 street parking as well as some definitions all related to the regulation of short term

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 rental uses.

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 The reason for this is our public engagement survey showed that there are concerns related

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 to the impacts of short term rentals on our established single family neighborhoods.

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 The amendments that we've made that are proposed before you tonight are intended to limit those

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 impacts and strengthen the city's ability to enforce short term rental regulations as

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 nuisance issues may arise.

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 They're also meant to ensure compliance with the code and ensure that short term rental

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 operators are registering and we are collecting those hot taxes.

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 In addition, short term rentals seems to be a continuing evolving legal topic.

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 So some of these amendments as you see before you are meant to stay up to speed with those

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 court rulings as well as best practices that our other cities are doing.

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 And finally, these amendments are consistent with the DDC's purpose statement to promote

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 the health, safety and general welfare of the city of Denton's inhabitants and is also

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 consistent with our comprehensive plan and protecting our established neighborhoods.

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 So with all of that, we are recommending approval of the DDC text amendments before you this

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 evening.

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00:09:47,880 --> 00:09:53,000
 I wanted to note that in your backup you saw several times we referenced the survey.

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 I do have a short summary presentation on what those survey results were if you want

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 to go through them during workshop, but I wanted to leave that up to the commission's

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 discretion.

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 So I wasn't planning to give it in regular meeting either, but you already had it.

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 So unless there are questions about it, I wasn't planning to cover it.

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 Are you covering anything about the survey in regular meeting?

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 >> I'm touching on that we had 224 respondents and the general sentiments were varied, but

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 there was a consistent statement that the desire to protect our established residential

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 areas was strong amongst all of our respondents.

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 >> Sure.

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 Okay.

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 >> I'm happy to answer any other questions.

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 >> Sounds good, I guess I'll start because I've got a couple of questions when I was

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 reading through the red line and through the draft.

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 The first one would be permit registration.

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 One in the same, I assume, because we're using both terms.

181
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 >> Yes, ma'am.

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 They are the same.

183
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 >> Okay.

184
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 So I'm wondering if we should clean that up somehow.

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 >> We could clean that up.

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 >> The other question I have regarding that is in one area it says that the permit will

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 expire on 12/31.

188
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 Which conflicts with the verbiage stating that it's good for one year after date of

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 issuance.

190
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 >> We will note that and make that change.

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00:11:42,480 --> 00:11:46,240
 >> Yeah, that doesn't make sense, so we need to clean that up.

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00:11:46,240 --> 00:11:50,360
 >> That needs to be cleaned up, yes, because the intent is it is one year it expires.

193
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 >> You want everybody on that same.

194
00:11:51,920 --> 00:11:52,920
 >> Yes.

195
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 >> Yeah, that's what I figured, so we got to clean that up.

196
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 Next one would be multifamily questions.

197
00:12:01,280 --> 00:12:02,280
 >> Sure.

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00:12:02,280 --> 00:12:05,840
 >> So talked about how multifamily doesn't count towards the thousand in non-residential

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 districts, but we have multifamily in residential districts.

200
00:12:09,120 --> 00:12:10,200
 >> Yes, ma'am.

201
00:12:10,200 --> 00:12:13,560
 And that is a topic we discussed at length.

202
00:12:13,560 --> 00:12:19,080
 And so in R7, multifamily is permitted within SUP, so we do know that there are multifamily

203
00:12:19,080 --> 00:12:24,720
 developments in some of our R7 zoned parcels.

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00:12:24,720 --> 00:12:30,600
 Within those circumstances, should somebody register as a short-term rental within that

205
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 multifamily development, they do count towards the thousand permit cap.

206
00:12:36,280 --> 00:12:46,480
 They are also limited to the two per parcel as every other residential -- I'm trying to

207
00:12:46,480 --> 00:12:53,040
 get to that slide while I talk -- as any other residential parcel would be restricted to.

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00:12:53,040 --> 00:12:59,600
 So in our non-residential zoning districts, those are not counting towards the cap, regardless

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 of if you happen to have a single-family home that is situated in an MN zoning district

210
00:13:04,700 --> 00:13:09,840
 or a multifamily development situated in one of our MN districts, those permits will not

211
00:13:09,840 --> 00:13:12,640
 count towards that thousand permit cap.

212
00:13:12,640 --> 00:13:19,260
 In those circumstances, if we do have a multifamily property development that is getting short-term

213
00:13:19,260 --> 00:13:27,040
 rental permits, they would not be allowed to have more than 10% of those units registered.

214
00:13:27,040 --> 00:13:30,120
 >> Right.

215
00:13:30,120 --> 00:13:39,000
 But how many per entity are you allowing?

216
00:13:39,000 --> 00:13:40,000
 >> It depends.

217
00:13:40,000 --> 00:13:41,000
 >> Okay.

218
00:13:41,000 --> 00:13:42,000
 >> Based on the base zoning.

219
00:13:42,000 --> 00:13:49,480
 Let's say that today I had an MN development come in and want to lease out some of their

220
00:13:49,480 --> 00:13:52,200
 units as a short-term rental.

221
00:13:52,200 --> 00:13:56,440
 They would be capped at 10% of total units.

222
00:13:56,440 --> 00:14:02,600
 If this same development, everything was the same but the base zoning was now R7, they

223
00:14:02,600 --> 00:14:06,540
 could still register as a short-term rental permit, but they're held to the same standards

224
00:14:06,540 --> 00:14:11,320
 as everybody else in those residentially zoned districts, meaning those permits count towards

225
00:14:11,320 --> 00:14:17,960
 our thousand permit cap, as well as they are allowed two per parcel rather than the 10%

226
00:14:17,960 --> 00:14:22,420
 they could be allowed in if they had a base zoning of MN or higher, more intensive.

227
00:14:22,420 --> 00:14:25,720
 >> You're saying two per parcel.

228
00:14:25,720 --> 00:14:27,520
 >> That would be the development in that case.

229
00:14:27,520 --> 00:14:28,520
 >> That's one parcel.

230
00:14:28,520 --> 00:14:29,520
 >> Yes, ma'am.

231
00:14:29,520 --> 00:14:32,720
 Five units or more on a parcel is our multifamily definition.

232
00:14:32,720 --> 00:14:33,720
 >> Okay.

233
00:14:33,720 --> 00:14:35,000
 Then that took me to another question.

234
00:14:35,000 --> 00:14:38,440
 So duplex, triplex, fourplex, one parcel?

235
00:14:38,440 --> 00:14:39,440
 >> Yes, ma'am.

236
00:14:39,440 --> 00:14:45,640
 >> So even though if it's two or four in a building, it's considered one?

237
00:14:45,640 --> 00:14:47,600
 >> One parcel, yes.

238
00:14:47,600 --> 00:14:56,160
 >> With those duplex, triplex, fourplex, all that, so you talk about 100 foot, can't have

239
00:14:56,160 --> 00:15:00,800
 another one, so you're just counting those as one, however?

240
00:15:00,800 --> 00:15:06,440
 >> The way we grappled a little bit with our distance separation because we recognize there

241
00:15:06,440 --> 00:15:09,720
 may be a duplex, triplex, quadplex situation.

242
00:15:09,720 --> 00:15:14,360
 There may also be I have a single family home, I rent out my bedroom, I also have an ADU

243
00:15:14,360 --> 00:15:19,000
 and maybe that's a short-term rental, so the 100 foot distance separation is property line

244
00:15:19,000 --> 00:15:24,760
 to property line, which would allow individuals who would like to pursue the opportunity of

245
00:15:24,760 --> 00:15:29,400
 utilizing both of those options on one parcel to do so.

246
00:15:29,400 --> 00:15:34,320
 Both of those registrations would count towards the thousand permit, but the parcel measurement

247
00:15:34,320 --> 00:15:42,720
 is where we take the 100 foot from.

248
00:15:42,720 --> 00:15:48,720
 >> Probably the toughest question to answer is you said we've got 27 registered of what

249
00:15:48,720 --> 00:15:51,280
 we think we have 250 in the city.

250
00:15:51,280 --> 00:15:57,080
 So we're making these changes, so what makes you think that we can enforce it any more

251
00:15:57,080 --> 00:16:00,880
 than we're doing right now, because obviously we're not doing it right now.

252
00:16:00,880 --> 00:16:03,160
 Do you have any plans for that?

253
00:16:03,160 --> 00:16:08,600
 >> There is a lot more going on than just text amendments, and so the way we have proposed

254
00:16:08,600 --> 00:16:12,440
 the draft ordinance to go into effect is August 1st.

255
00:16:12,440 --> 00:16:19,200
 I have a tentative council deadline of March 19th, so nothing changes the adoption March

256
00:16:19,200 --> 00:16:24,880
 19th with a delayed effectiveness to allow for continued public outreach to contact,

257
00:16:24,880 --> 00:16:29,080
 and we have the list of individuals who came to our initial town halls to reach back out

258
00:16:29,080 --> 00:16:31,340
 and say, hey, these were adopted.

259
00:16:31,340 --> 00:16:33,280
 This will be effective August 1st.

260
00:16:33,280 --> 00:16:35,620
 That's one component of public outreach.

261
00:16:35,620 --> 00:16:41,880
 The other component is we're working, I say we, I mean, the development services is working

262
00:16:41,880 --> 00:16:49,200
 to procure an independent from our community development permit tracking software, short-term

263
00:16:49,200 --> 00:16:57,880
 rental specific permit tracking software that one will help us keep track of all of the

264
00:16:57,880 --> 00:17:02,240
 things we do have and can help us keep track of how close are we to the thousand, but also

265
00:17:02,240 --> 00:17:09,200
 gets the data from Airbnb and VRBO of those who we know are operating and allows us to

266
00:17:09,200 --> 00:17:13,560
 send out letters that say, hey, we know you're operating.

267
00:17:13,560 --> 00:17:14,800
 We have these requirements.

268
00:17:14,800 --> 00:17:21,180
 You do need to register, and so this is one part of a multifaceted kind of approach, but

269
00:17:21,180 --> 00:17:26,920
 I am confident that with that new software onboarding, we would be able to pursue enforcement

270
00:17:26,920 --> 00:17:28,680
 stronger than we are today.

271
00:17:28,680 --> 00:17:32,920
 And that's also part of the reason for the delayed timeline is we want that software

272
00:17:32,920 --> 00:17:37,680
 in place to really be able to start this on the right foot.

273
00:17:37,680 --> 00:17:42,520
 And is that in collaboration with any other departments in the city or is development

274
00:17:42,520 --> 00:17:44,760
 services handling all of this?

275
00:17:44,760 --> 00:17:46,960
 We are not handling it by ourselves.

276
00:17:46,960 --> 00:17:51,120
 I know we have several members of our finance team involved because they collect the hot

277
00:17:51,120 --> 00:17:53,800
 taxes, community improvement services.

278
00:17:53,800 --> 00:17:56,880
 They do a lot of our enforcement is involved.

279
00:17:56,880 --> 00:18:03,200
 I've been involved from the regulatory standpoints, and then I think those are the main ones.

280
00:18:03,200 --> 00:18:04,720
 So it's not just us.

281
00:18:04,720 --> 00:18:06,720
 Good, because it can't be.

282
00:18:06,720 --> 00:18:09,980
 It's such a collaborative thing to get any of this done.

283
00:18:09,980 --> 00:18:21,400
 So do we have in the city a space that gives everything that the city requires for a short

284
00:18:21,400 --> 00:18:26,600
 term rental, meaning we've got these things in the code, but this doesn't talk like this

285
00:18:26,600 --> 00:18:30,440
 doesn't talk about hot funds, but that's part of it.

286
00:18:30,440 --> 00:18:33,880
 So where do we have that somewhere?

287
00:18:33,880 --> 00:18:38,840
 We do have a current landing page within our permitting page of the city's website that

288
00:18:38,840 --> 00:18:41,200
 is short term rental specific.

289
00:18:41,200 --> 00:18:45,920
 And there are obviously should these be adopted on everything when we need to be changed because

290
00:18:45,920 --> 00:18:51,360
 it has the old regulations, but it is a single place where you can find the permit application,

291
00:18:51,360 --> 00:18:54,960
 the current standards, your points of contact.

292
00:18:54,960 --> 00:18:59,320
 So yes, it would need to be updated with these changes, but it does exist.

293
00:18:59,320 --> 00:19:00,320
 Where everything is...

294
00:19:00,320 --> 00:19:01,840
 Everything's in one neat place.

295
00:19:01,840 --> 00:19:02,840
 Yes, ma'am.

296
00:19:02,840 --> 00:19:03,840
 Okay.

297
00:19:03,840 --> 00:19:04,840
 Excellent.

298
00:19:04,840 --> 00:19:05,840
 Okay.

299
00:19:05,840 --> 00:19:06,840
 I'm going to stop talking because I know other people have questions.

300
00:19:06,840 --> 00:19:07,840
 So who's next?

301
00:19:07,840 --> 00:19:08,840
 Commissioner Brut.

302
00:19:08,840 --> 00:19:14,440
 I just wanted to point out that one of the or a few of the modifications are specifically

303
00:19:14,440 --> 00:19:25,080
 to allow types of spaces that the DCRC felt were appropriate for this use to be registered,

304
00:19:25,080 --> 00:19:28,640
 which under our current regulations are not registerable.

305
00:19:28,640 --> 00:19:38,320
 So there's some portion of that 250 assumed that some of those had even come to our development

306
00:19:38,320 --> 00:19:42,840
 services to try to register before and they were turned away because the current code

307
00:19:42,840 --> 00:19:44,560
 wouldn't allow them to.

308
00:19:44,560 --> 00:19:51,920
 So I agree, there's probably a lot of reach out and enforcement that would have to happen

309
00:19:51,920 --> 00:19:56,480
 to get up to that 250, but some of the code changes are going to allow people who've been

310
00:19:56,480 --> 00:19:58,640
 trying to register to actually do that as well.

311
00:19:58,640 --> 00:19:59,640
 Okay.

312
00:19:59,640 --> 00:20:00,640
 Thank you for that clarification.

313
00:20:00,640 --> 00:20:01,640
 Appreciate that.

314
00:20:01,640 --> 00:20:05,000
 Other questions for Angie at this moment?

315
00:20:05,000 --> 00:20:06,000
 Commissioner Cole.

316
00:20:06,000 --> 00:20:07,000
 Thank you, Chair.

317
00:20:07,000 --> 00:20:15,320
 And Angie, the ones that the people, I mean, I'm a big user of Airbnb.

318
00:20:15,320 --> 00:20:21,520
 I have two kids that live out of state and we go visit them with Airbnb.

319
00:20:21,520 --> 00:20:27,920
 But the people I know in Denton at Airbnb, they do it out of their primary residence,

320
00:20:27,920 --> 00:20:30,600
 they live there.

321
00:20:30,600 --> 00:20:42,560
 Did they be treated the same, I mean, as an empty house that's being Airbnbed or, because

322
00:20:42,560 --> 00:20:47,080
 it is their primary residence, they are living there.

323
00:20:47,080 --> 00:20:54,360
 So that's a good question and I would touch on our ability to differentiate between primary

324
00:20:54,360 --> 00:21:01,120
 residence and those types of Airbnbs has changed in the last year with recent rulings out of

325
00:21:01,120 --> 00:21:07,480
 the Fifth Court Circuit saying that you can't make that differentiation.

326
00:21:07,480 --> 00:21:15,560
 And in the conversations with both current operators as well as the DCRC, there's not

327
00:21:15,560 --> 00:21:17,840
 a difference in the use.

328
00:21:17,840 --> 00:21:21,400
 They're still meeting that definition of renting out a space.

329
00:21:21,400 --> 00:21:26,840
 Now, we did see a need to refine the short-term rental definition because, as it's written

330
00:21:26,840 --> 00:21:34,040
 today, renting out a bedroom is not in line with the short-term rental definition nor

331
00:21:34,040 --> 00:21:35,880
 the use specific standards.

332
00:21:35,880 --> 00:21:39,400
 So you will see through that red line markup, there have been several changes to add the

333
00:21:39,400 --> 00:21:45,340
 bedroom option, but that is a facet of the Airbnbs and the VRBO where you can choose

334
00:21:45,340 --> 00:21:50,020
 to just rent out a bedroom and that's kind of how the business model works.

335
00:21:50,020 --> 00:21:58,820
 So in our eyes, yes, they're treated the same.

336
00:21:58,820 --> 00:22:08,520
 I look at it differently, that difference between the primary residence, you know, somebody

337
00:22:08,520 --> 00:22:14,880
 comes around the city of Dent and come into my house snooping around.

338
00:22:14,880 --> 00:22:15,880
 Sure.

339
00:22:15,880 --> 00:22:21,160
 I will note, I don't know that it helps much.

340
00:22:21,160 --> 00:22:26,680
 We do have a separate and independent call out, too, for bed and breakfasts, and it may

341
00:22:26,680 --> 00:22:32,000
 be that some of those who are renting out a bedroom might find themselves more in line

342
00:22:32,000 --> 00:22:36,720
 with that use and would be subject to those standards, but that is where there is a -- the

343
00:22:36,720 --> 00:22:42,040
 primary owner or a manager is continually on site and there may be small meals provided.

344
00:22:42,040 --> 00:22:44,920
 I can pull up the exact definition if you would like to see it.

345
00:22:44,920 --> 00:22:55,040
 But I think the code allows for a variety of short-term stays within different uses.

346
00:22:55,040 --> 00:23:01,280
 So for the purposes of what's a short-term rental, though, meeting the -- just the renting

347
00:23:01,280 --> 00:23:05,600
 out of a bedroom or a unit, whether or not you have the homeowner there, didn't change

348
00:23:05,600 --> 00:23:10,520
 the land use substantially to pull it apart from the overall term short-term rental.

349
00:23:10,520 --> 00:23:12,200
 Okay.

350
00:23:12,200 --> 00:23:13,200
 Thank you.

351
00:23:13,200 --> 00:23:15,360
 Thank you, Chair.

352
00:23:15,360 --> 00:23:20,080
 And you kind of touched on this a little bit, but can you kind of go in a little bit more

353
00:23:20,080 --> 00:23:24,280
 to how or what the repercussions would be if, like, parking becomes an issue, particularly

354
00:23:24,280 --> 00:23:27,160
 for those homes that are renting out single rooms?

355
00:23:27,160 --> 00:23:32,440
 So as a teacher, I had a lot of, you know, folks who are -- they couch-surfed, right?

356
00:23:32,440 --> 00:23:36,600
 So now there's a whole, like, online thing where you can just stay on someone's couch.

357
00:23:36,600 --> 00:23:39,080
 Obviously, you're staying in a room there.

358
00:23:39,080 --> 00:23:44,360
 But if you're, like, maybe in a cul-de-sac area and you've got a home that is consistently

359
00:23:44,360 --> 00:23:49,480
 housing, you know, two folks in two separate rooms, that's two added cars to what is already

360
00:23:49,480 --> 00:23:51,160
 a very limited space.

361
00:23:51,160 --> 00:23:53,960
 So how -- I mean, what's your plan for that?

362
00:23:53,960 --> 00:23:54,960
 Sure.

363
00:23:54,960 --> 00:23:58,040
 Parking is a challenging topic always.

364
00:23:58,040 --> 00:24:04,240
 And so I will -- I will start with, you know, parking on the street is parking on public

365
00:24:04,240 --> 00:24:09,480
 right-of-way, and there's not a way to prohibit that unless there was some sort of no parking

366
00:24:09,480 --> 00:24:12,960
 zone established or, you know, if you're, like, on top of a fire hydrant.

367
00:24:12,960 --> 00:24:18,920
 And so there's somewhat limited in what can be regulated that way.

368
00:24:18,920 --> 00:24:24,720
 We did find in our review and in discussing with individuals at our town halls that the

369
00:24:24,720 --> 00:24:29,720
 parking standards for short-term rentals came off as somewhat confusing.

370
00:24:29,720 --> 00:24:35,760
 And they have been clarified to specify that if I own a short-term rental, I am allowed

371
00:24:35,760 --> 00:24:41,800
 to advertise the number of spaces available on site and so not to over-advertise how many

372
00:24:41,800 --> 00:24:46,280
 vehicles one can bring, as well as provide all that information in my online listing

373
00:24:46,280 --> 00:24:51,860
 and written safety briefing that I would be required to provide to residents.

374
00:24:51,860 --> 00:24:57,320
 In addition to that, one of the issues you sometimes see, just in general, short-term

375
00:24:57,320 --> 00:25:02,000
 homes or single-family homes is individuals maybe parking over the sidewalk and impeding

376
00:25:02,000 --> 00:25:08,320
 that or parking on an unimproved surface, which are violations of the code of ordinances.

377
00:25:08,320 --> 00:25:15,040
 And so those issues, should they arise, could be addressed in that fashion where, you know,

378
00:25:15,040 --> 00:25:19,760
 parking on the grass in the front yard, specifically prohibited or blocking the sidewalk would

379
00:25:19,760 --> 00:25:20,760
 be prohibited.

380
00:25:20,760 --> 00:25:27,920
 So there's no like one solution to fix that, but I think my hope would be by clarifying

381
00:25:27,920 --> 00:25:33,800
 how many cars are available, limits, how many individuals are trying to bring to a short-term

382
00:25:33,800 --> 00:25:35,920
 rental if they know the parking is not there.

383
00:25:35,920 --> 00:25:41,320
 And then also using those warnings and citations where appropriate if there's consistent parking

384
00:25:41,320 --> 00:25:46,840
 on the sidewalk or on an unimproved surface and causing property maintenance issues.

385
00:25:46,840 --> 00:25:51,240
 Thank you, Chair.

386
00:25:51,240 --> 00:25:52,240
 Anybody else?

387
00:25:52,240 --> 00:25:53,240
 Commissioner Cole.

388
00:25:53,240 --> 00:25:54,240
 Thank you, Chair.

389
00:25:54,240 --> 00:26:04,920
 So one concern is that these corporate Airbnb interests that operate the many, how do you,

390
00:26:04,920 --> 00:26:13,240
 I mean, I kind of worry that they're going to eat up all the permits and the little people

391
00:26:13,240 --> 00:26:15,200
 are going to get squeezed out.

392
00:26:15,200 --> 00:26:24,640
 I don't know how you police that, but that's a worry I have, you know, because in my mind

393
00:26:24,640 --> 00:26:34,620
 there is a difference between a bedroom and a primary residence than another property.

394
00:26:34,620 --> 00:26:40,480
 I mean, there's no way to police that, I mean, I worry about the little people getting squeezed

395
00:26:40,480 --> 00:26:41,480
 out.

396
00:26:41,480 --> 00:26:42,480
 Sure.

397
00:26:42,480 --> 00:26:47,360
 And Hillary can correct me if I misstate, but there wouldn't be a way to police that

398
00:26:47,360 --> 00:26:52,120
 because I don't believe we can discriminate between who may and may not own a short-term

399
00:26:52,120 --> 00:26:53,120
 rental.

400
00:26:53,120 --> 00:27:00,240
 I hear your concerns about the mom and pop Airbnb getting squeezed out because we've

401
00:27:00,240 --> 00:27:02,720
 hit our permit cap.

402
00:27:02,720 --> 00:27:08,160
 I will say I believe that the way that these standards are written is that the thousand

403
00:27:08,160 --> 00:27:14,920
 permit in single-family residentially zoned properties only, I guess 3% of all single-family

404
00:27:14,920 --> 00:27:21,480
 residentially zoned properties in the city, I'm sorry, parcels in the city.

405
00:27:21,480 --> 00:27:26,480
 We do not believe that we are close to that number at this time given the estimates we

406
00:27:26,480 --> 00:27:29,440
 have are coming in around 250.

407
00:27:29,440 --> 00:27:35,200
 This is absolutely something that can be and will be monitored as time goes on.

408
00:27:35,200 --> 00:27:42,760
 If we find that something changes in the Denton landscape and suddenly we are getting a football

409
00:27:42,760 --> 00:27:47,560
 game that's really important and now there's a lot of those permits being taken up, if

410
00:27:47,560 --> 00:27:53,100
 council or staff at that time season need to maybe revisit those policies, it's something

411
00:27:53,100 --> 00:27:55,540
 that could be flexible in the future.

412
00:27:55,540 --> 00:28:02,360
 By not having the cap in our commercially zoned properties, the thought is that we start

413
00:28:02,360 --> 00:28:07,800
 to see more short-term rentals in the areas where you would want to encourage them anyway

414
00:28:07,800 --> 00:28:14,240
 in your downtown, near your universities, along major thoroughfares.

415
00:28:14,240 --> 00:28:22,920
 Just to add an additional response, Angie did a great job in her response, but I wanted

416
00:28:22,920 --> 00:28:28,360
 to add this is something that the DCRC discussed extensively.

417
00:28:28,360 --> 00:28:32,400
 We determined that to Angie's point, it would be very difficult for us to try to be able

418
00:28:32,400 --> 00:28:38,240
 to regulate or limit the number that a operator could have.

419
00:28:38,240 --> 00:28:41,760
 What if you want three and Commissioner Thacker decides she wants five and Commissioner Villarreal

420
00:28:41,760 --> 00:28:45,560
 has got 10 and I've got 20, right?

421
00:28:45,560 --> 00:28:47,440
 How do we keep up with all of that?

422
00:28:47,440 --> 00:28:53,680
 Because we could simply tweak our LLC name, if you will, and so then because I changed

423
00:28:53,680 --> 00:29:02,720
 my LLC name, then I got another 50 or 10, and so we realized, we debated that and discussed

424
00:29:02,720 --> 00:29:06,600
 that extensively and just found that there was really no effective way for us to be able

425
00:29:06,600 --> 00:29:12,240
 to really keep up and regulate that, hence why we've tried to come up with different

426
00:29:12,240 --> 00:29:16,320
 approaches in order to be able to regulate this type of use.

427
00:29:16,320 --> 00:29:21,040
 To Angie's point, we do think the thousand permit cap is reasonable.

428
00:29:21,040 --> 00:29:25,680
 It's representative of approximately 3% of the housing units within Dunton.

429
00:29:25,680 --> 00:29:31,000
 To Angie's point also, we find that we are bumping up against that thousand permit cap.

430
00:29:31,000 --> 00:29:38,480
 If there's interest from council for us to revisit this ordinance, we could at that time

431
00:29:38,480 --> 00:29:42,720
 and then have the conversation all over again as to what we think is an appropriate number

432
00:29:42,720 --> 00:29:43,720
 of units.

433
00:29:43,720 --> 00:29:49,600
 But know that the DCRC took that seriously and had lots of conversation and we could

434
00:29:49,600 --> 00:29:54,840
 not come up with a good means of being able to track that reasonably and force that, just

435
00:29:54,840 --> 00:29:59,920
 knowing that people could make simple tweaks to their LLC names.

436
00:29:59,920 --> 00:30:00,920
 Commissioner Thacker.

437
00:30:00,920 --> 00:30:03,280
 Thank you, Chair.

438
00:30:03,280 --> 00:30:07,720
 Does the permit follow the property, which doesn't really make a lot of sense, obviously,

439
00:30:07,720 --> 00:30:11,440
 for someone that's in a residential area that is renting out one room, but for somebody

440
00:30:11,440 --> 00:30:16,720
 that's interested in purchasing a bed and breakfast, if they know that there's already

441
00:30:16,720 --> 00:30:22,160
 been 1,000 permits that have been distributed, it might influence whether or not they're

442
00:30:22,160 --> 00:30:24,640
 going to purchase that bed and breakfast, if they know that they're going to the bottom

443
00:30:24,640 --> 00:30:27,440
 of the line when it comes to getting that permit.

444
00:30:27,440 --> 00:30:33,560
 So will it follow the properties if someone were to purchase them?

445
00:30:33,560 --> 00:30:37,400
 If somebody were to follow a ... I'm sorry.

446
00:30:37,400 --> 00:30:43,960
 The way that we have it written is once the short-term rental permit is in existence,

447
00:30:43,960 --> 00:30:51,680
 there's an opportunity to renew that, and the renewal period is November 1 through December

448
00:30:51,680 --> 00:30:53,840
 31, so there is some room now.

449
00:30:53,840 --> 00:30:59,600
 As far as the exchange of the business ownership and all of that, that would be handled privately,

450
00:30:59,600 --> 00:31:05,440
 but if that permit were to be renewed, if we saw a change in ownership, we could still

451
00:31:05,440 --> 00:31:11,360
 track that in our system as well as utilize the right to conduct an additional inspection

452
00:31:11,360 --> 00:31:15,300
 if city staff felt like that was needed due to the change in circumstances.

453
00:31:15,300 --> 00:31:16,300
 Okay.

454
00:31:16,300 --> 00:31:21,280
 But now, we're not ... Bed and breakfast is different than what we're talking about too,

455
00:31:21,280 --> 00:31:22,280
 right?

456
00:31:22,280 --> 00:31:23,280
 And I meant to ... I'm sorry.

457
00:31:23,280 --> 00:31:24,280
 Yeah.

458
00:31:24,280 --> 00:31:26,240
 You are short-term rentals for the 1,000 permit cap.

459
00:31:26,240 --> 00:31:27,240
 The bed and breakfast ...

460
00:31:27,240 --> 00:31:28,240
 That's a separate use.

461
00:31:28,240 --> 00:31:30,040
 Separate use.

462
00:31:30,040 --> 00:31:31,040
 That's not this.

463
00:31:31,040 --> 00:31:32,040
 Yeah.

464
00:31:32,040 --> 00:31:33,040
 Sure.

465
00:31:33,040 --> 00:31:34,040
 Okay.

466
00:31:34,040 --> 00:31:36,080
 So, I mean, just in general, if somebody is wanting ... So let's say that it is just

467
00:31:36,080 --> 00:31:39,040
 a single-family home and they are renting out one of their rooms.

468
00:31:39,040 --> 00:31:44,800
 If they had gotten the permit and then they sold it to someone else, would they still

469
00:31:44,800 --> 00:31:47,680
 be able to maintain that permit if they wanted to continue to use that room in their house

470
00:31:47,680 --> 00:31:48,680
 for rental?

471
00:31:48,680 --> 00:31:49,680
 Short-term rental.

472
00:31:49,680 --> 00:31:50,680
 Sure.

473
00:31:50,680 --> 00:31:56,440
 I would imagine if we had a valid permit and all the appropriate ownership contact information

474
00:31:56,440 --> 00:32:02,400
 as well as our required local emergency individual was identified, that that permit would remain

475
00:32:02,400 --> 00:32:07,240
 valid and when the expiration permit ... When the expiration of the permit draws close,

476
00:32:07,240 --> 00:32:11,640
 they would be allowed to apply for a renewal in their queue.

477
00:32:11,640 --> 00:32:18,520
 Yeah, because you are registering that permit to either the property owner or their designated

478
00:32:18,520 --> 00:32:19,520
 person, right?

479
00:32:19,520 --> 00:32:20,520
 Yes.

480
00:32:20,520 --> 00:32:27,160
 So if there was a change in ownership of the property ... I mean ...

481
00:32:27,160 --> 00:32:28,160
 We could probably add language.

482
00:32:28,160 --> 00:32:31,840
 It seems almost like the permit would not be valid because it's in someone else's name

483
00:32:31,840 --> 00:32:36,080
 and this new owner is ... So ...

484
00:32:36,080 --> 00:32:40,440
 What we could do is we could look at adding language to the ordinance that addresses if

485
00:32:40,440 --> 00:32:48,880
 there is a change in ownership that the permit would stay with the structure, with the land,

486
00:32:48,880 --> 00:32:54,400
 if you will, but would be subject to the renewal if the commission felt like we needed to add

487
00:32:54,400 --> 00:32:56,040
 that clarity within the ordinance.

488
00:32:56,040 --> 00:33:02,040
 But that's a slippery slope because ... I mean, what if that new owner doesn't want

489
00:33:02,040 --> 00:33:05,240
 a permit associated with their home that they're buying?

490
00:33:05,240 --> 00:33:07,480
 So ... But they don't have to use it then.

491
00:33:07,480 --> 00:33:13,960
 Okay, but also ... I mean, it's just ... So if you owned a house

492
00:33:13,960 --> 00:33:19,160
 and you were operating a short-term rental and you had the permit issued there and I

493
00:33:19,160 --> 00:33:27,560
 purchased your home from you, then the permit would stay with the home where I could update

494
00:33:27,560 --> 00:33:33,480
 all of the contact information with the city and then you don't get to take that permit

495
00:33:33,480 --> 00:33:37,560
 with you when you go buy ... Presumably, if you bought a new home and you wanted to operate

496
00:33:37,560 --> 00:33:41,480
 a short-term rental out of your new home, you would have to register that particular

497
00:33:41,480 --> 00:33:44,480
 property in order to be able to operate.

498
00:33:44,480 --> 00:33:50,400
 Me as the purchaser of your old home would still have the ability to exercise that permit

499
00:33:50,400 --> 00:33:54,760
 because it was issued to the home, but I would have to ... What I heard from Angie, and correct

500
00:33:54,760 --> 00:33:58,560
 me if I'm wrong, is I would have to make sure I update all of the information with the city

501
00:33:58,560 --> 00:34:00,680
 unless do we have something else to add?

502
00:34:00,680 --> 00:34:07,440
 Just in thinking and listening to all of this, I think while it might be a rare situation,

503
00:34:07,440 --> 00:34:14,160
 we may be able to address it by adding a clause towards our renewal period that may be a 30-day

504
00:34:14,160 --> 00:34:19,080
 to update all of the information when the house sells might be an acceptable manner

505
00:34:19,080 --> 00:34:23,720
 to address that because the ownership would have to be updated as well as the emergency

506
00:34:23,720 --> 00:34:24,720
 contact.

507
00:34:24,720 --> 00:34:29,560
 I don't think it would necessarily be a common thing, and I'm not even sure that it should

508
00:34:29,560 --> 00:34:33,080
 go with the sale, to be honest with you, because ...

509
00:34:33,080 --> 00:34:35,800
 That would be an unusual situation where, but ...

510
00:34:35,800 --> 00:34:41,000
 It would be, but if you have ... And again, this is if we ever get to our thousand limit,

511
00:34:41,000 --> 00:34:46,520
 but if you have a waiting list, that certainly wouldn't be fair if I buy this home that has

512
00:34:46,520 --> 00:34:52,520
 this permit on it, and I'm not going to use it for that, and I buy the home in March,

513
00:34:52,520 --> 00:34:56,360
 and this permit's good for ... We keep those people on this waiting list.

514
00:34:56,360 --> 00:34:58,640
 They can't do anything until December.

515
00:34:58,640 --> 00:34:59,640
 Yeah.

516
00:34:59,640 --> 00:35:00,640
 If I don't renew it.

517
00:35:00,640 --> 00:35:01,640
 So I don't know.

518
00:35:01,640 --> 00:35:03,840
 That would be where my 30-day suggestion would come in.

519
00:35:03,840 --> 00:35:09,480
 I can understand that that permit was ... Maybe that person bought the home with the idea

520
00:35:09,480 --> 00:35:13,200
 to continue the short-term rental, but putting a very specific timeframe on when you lose

521
00:35:13,200 --> 00:35:18,600
 your spot may be a simple sentence that we can add into the expiration statements that

522
00:35:18,600 --> 00:35:19,600
 we have.

523
00:35:19,600 --> 00:35:20,600
 Okay.

524
00:35:20,600 --> 00:35:21,600
 I would agree.

525
00:35:21,600 --> 00:35:22,600
 Yeah.

526
00:35:22,600 --> 00:35:23,600
 Good question.

527
00:35:23,600 --> 00:35:24,600
 Commissioner Pruitt.

528
00:35:24,600 --> 00:35:26,600
 Thank you, Jer.

529
00:35:26,600 --> 00:35:33,200
 Yeah, I was just going to point, you kind of alluded to it, that functionally, what happens

530
00:35:33,200 --> 00:35:40,200
 in that hypothetical, it only matters whether it stays and then transfers versus going away

531
00:35:40,200 --> 00:35:45,400
 and reapplying if you're already at the thousand cap, right?

532
00:35:45,400 --> 00:35:48,400
 So that may be one of those things.

533
00:35:48,400 --> 00:35:53,640
 I'm fine with the additional language, just to make it clear, because I would assume most

534
00:35:53,640 --> 00:35:57,800
 purchasers of a home, if they knew that it was using that way, they would assume that

535
00:35:57,800 --> 00:36:00,920
 they could continue that, right?

536
00:36:00,920 --> 00:36:09,040
 Another thing, just wanted to kind of add some color to Commissioner Cole's consternation

537
00:36:09,040 --> 00:36:12,640
 a little bit, because I have some similar consternation.

538
00:36:12,640 --> 00:36:25,840
 I wonder if it might help, if either Angie or legal, if you could summarize the restrictions

539
00:36:25,840 --> 00:36:32,840
 that we have both on residency within the city and then separately if there's a restriction

540
00:36:32,840 --> 00:36:41,880
 or not on defining occupied home that has a separate portion of that rented out.

541
00:36:41,880 --> 00:36:45,160
 I think that would clarify your...

542
00:36:45,160 --> 00:36:49,320
 Am I getting to what you were thinking there?

543
00:36:49,320 --> 00:36:51,280
 Okay.

544
00:36:51,280 --> 00:36:59,720
 Restrictions in so far as whether we could regulate that use separately if a person resides

545
00:36:59,720 --> 00:37:05,760
 in the city versus residing outside, and then part B, whether you can regulate it differently,

546
00:37:05,760 --> 00:37:09,880
 whether a person lives on premises or not.

547
00:37:09,880 --> 00:37:11,720
 Does that make sense?

548
00:37:11,720 --> 00:37:15,640
 Because we spent a lot of time on this, and I will ramble and confuse everybody if I try

549
00:37:15,640 --> 00:37:17,920
 to summarize.

550
00:37:17,920 --> 00:37:22,360
 My understanding is the ruling out of the New Orleans case was we can no longer make

551
00:37:22,360 --> 00:37:31,400
 the distinction between really LLC, me, Angie, you, Commissioner Pruitt, and likewise, whether

552
00:37:31,400 --> 00:37:32,920
 or not that is your primary...

553
00:37:32,920 --> 00:37:37,520
 Specifically, we cannot make the distinction that it be your primary residence, but that

554
00:37:37,520 --> 00:37:42,600
 has a broader impact and addresses all of those, and Hillary is going to add some really

555
00:37:42,600 --> 00:37:43,600
 great stuff.

556
00:37:43,600 --> 00:37:49,320
 If y'all want a little lesson about why, I can provide it, but she's factually accurate.

557
00:37:49,320 --> 00:37:51,360
 Do you want some background?

558
00:37:51,360 --> 00:37:54,120
 Sure, let's do it.

559
00:37:54,120 --> 00:37:55,120
 Okay.

560
00:37:55,120 --> 00:37:58,200
 Dr. Professor Hillary here.

561
00:37:58,200 --> 00:38:04,080
 So the Interstate Commerce Clause in the Constitution says Congress regulates commerce between the

562
00:38:04,080 --> 00:38:05,920
 states.

563
00:38:05,920 --> 00:38:11,880
 If we have a rule that says you have to live in the STR or you have to be a resident of

564
00:38:11,880 --> 00:38:20,000
 the state, or in the case of New Orleans, if you can only register your homestead property,

565
00:38:20,000 --> 00:38:27,040
 that means that that regulation effectively prohibits persons from outside of that jurisdiction

566
00:38:27,040 --> 00:38:32,400
 from participating in the commerce activity of a short-term rental.

567
00:38:32,400 --> 00:38:39,300
 Therefore, that means we're discriminating against out-of-state participants, which is

568
00:38:39,300 --> 00:38:41,180
 a violation of the Constitution.

569
00:38:41,180 --> 00:38:46,380
 And so for that reason, we're not recommending...

570
00:38:46,380 --> 00:38:51,640
 We being legal is not recommending treating out-of-state versus in-state versus Denton

571
00:38:51,640 --> 00:38:54,320
 specifically any differing.

572
00:38:54,320 --> 00:39:00,120
 So with that and with the concerns that have been brought up, is there any way to...

573
00:39:00,120 --> 00:39:06,640
 Is it against that ruling or the Constitution, probably not the Constitution in this case,

574
00:39:06,640 --> 00:39:11,720
 but to be able to have different rules if someone does live in their home and rents

575
00:39:11,720 --> 00:39:12,720
 out there?

576
00:39:12,720 --> 00:39:17,840
 Like, can we, I think as Commissioner Pruitt was trying to point out that maybe we can

577
00:39:17,840 --> 00:39:18,840
 designate or just differentiate?

578
00:39:18,840 --> 00:39:19,840
 Right.

579
00:39:19,840 --> 00:39:24,280
 So those kinds of rules have been the subject of recent litigation that is still ongoing.

580
00:39:24,280 --> 00:39:32,080
 What I like about what Denton is proposing is that the cap is only on residential STRs,

581
00:39:32,080 --> 00:39:38,920
 which as Angie has mentioned is a pretty small portion of our housing stock.

582
00:39:38,920 --> 00:39:44,720
 And that means that for our specific city interest of protecting residential neighborhoods,

583
00:39:44,720 --> 00:39:47,760
 we have a pretty good reason for that cap.

584
00:39:47,760 --> 00:39:55,380
 And our no cap on non-residential/commercial properties is effectively trying to encourage

585
00:39:55,380 --> 00:39:59,120
 a market-based solution to that problem.

586
00:39:59,120 --> 00:40:03,240
 Basically encouraging the persons who are doing this for a primary source of income

587
00:40:03,240 --> 00:40:08,960
 or from out-of-state or whatever to go ahead and locate in those non-commercial areas because

588
00:40:08,960 --> 00:40:16,320
 they are closer to colleges, closer to our tourism type areas, closer to logical places

589
00:40:16,320 --> 00:40:22,000
 for an STR occupant to go.

590
00:40:22,000 --> 00:40:29,200
 And so without giving privileged legal advice that we would need to go into closed about,

591
00:40:29,200 --> 00:40:34,920
 I think we've got the best available.

592
00:40:34,920 --> 00:40:38,920
 So basically with that differentiation of the cap only being in the residential zoning

593
00:40:38,920 --> 00:40:46,520
 districts and no cap in the non-residential districts, that we've kind of maybe fixed

594
00:40:46,520 --> 00:40:47,520
 that problem.

595
00:40:47,520 --> 00:40:48,520
 >> It's an indirect fix.

596
00:40:48,520 --> 00:40:49,520
 >> We'll have that.

597
00:40:49,520 --> 00:40:50,520
 >> It absolutely is an indirect fix.

598
00:40:50,520 --> 00:40:55,300
 But I think it -- I'm not the economist here.

599
00:40:55,300 --> 00:40:59,720
 I think Commissioner Pruitt is probably the closest to being an economist in here.

600
00:40:59,720 --> 00:41:08,320
 I think it is -- I meant that as a compliment, sir.

601
00:41:08,320 --> 00:41:16,440
 I think that that's likely to drive operators of a commercial into places where we're more

602
00:41:16,440 --> 00:41:19,320
 comfortable with them going.

603
00:41:19,320 --> 00:41:26,800
 >> And to that point, we looked at a lot of studies, for example, on how are we addressing

604
00:41:26,800 --> 00:41:30,640
 trying to mitigate impacts in residential areas while still allowing a higher density

605
00:41:30,640 --> 00:41:33,720
 concentration in our non-residential areas.

606
00:41:33,720 --> 00:41:41,000
 And we utilized Santa Fe, New Mexico as really our example of how we came to this solution.

607
00:41:41,000 --> 00:41:45,800
 And if you all are bored, I'm happy to send out the link to their GIS landing page and

608
00:41:45,800 --> 00:41:47,560
 their short-term rental regulations.

609
00:41:47,560 --> 00:41:48,880
 But you'll find very similar.

610
00:41:48,880 --> 00:41:53,840
 There's a cap in residential areas, but no cap in their commercially zoned areas.

611
00:41:53,840 --> 00:41:58,560
 And when they map it on their GIS map, you can see very clearly where there starts to

612
00:41:58,560 --> 00:42:03,780
 be almost a natural congregation around what their downtown is and other tourist hotspots

613
00:42:03,780 --> 00:42:07,640
 because that's where you find their mixed-use zonings and their higher density and their

614
00:42:07,640 --> 00:42:08,640
 commercial-based.

615
00:42:08,640 --> 00:42:12,920
 And so the idea would be that we see a similar effect here.

616
00:42:12,920 --> 00:42:13,920
 >> Okay.

617
00:42:13,920 --> 00:42:14,920
 Commissioner Villarreal.

618
00:42:14,920 --> 00:42:21,920
 >> Thank you, Chair.

619
00:42:21,920 --> 00:42:27,800
 I'm asking this because we've seen it occur in both Louisville and Plano, who have been

620
00:42:27,800 --> 00:42:33,600
 the most recent cities and municipalities to institute changes to STR rules.

621
00:42:33,600 --> 00:42:39,880
 Have we considered putting a moratorium on new STRs while we get the new rules instituted

622
00:42:39,880 --> 00:42:44,840
 and while we collect information on existing STRs to allow staff enough time to collect

623
00:42:44,840 --> 00:42:50,440
 that information, considering we know that, you know, 90% of our STRs are not currently

624
00:42:50,440 --> 00:42:51,440
 registered?

625
00:42:51,440 --> 00:42:58,200
 >> I've talked relatively extensively with those who are, you know, tasked with reviewing

626
00:42:58,200 --> 00:43:03,860
 those permits as well as the team that will be implementing the STR software, and we feel

627
00:43:03,860 --> 00:43:10,320
 confident that we do not need that additional timeline.

628
00:43:10,320 --> 00:43:15,200
 It is a few months, and the idea would be to get the word out there, but I do not think

629
00:43:15,200 --> 00:43:20,680
 we need that additional time to get everything in place.

630
00:43:20,680 --> 00:43:24,360
 And we've built in a little bit of buffer from when I expect that software to be fully

631
00:43:24,360 --> 00:43:31,280
 live to August 1st, and I believe we'll be able to achieve our goals just fine.

632
00:43:31,280 --> 00:43:35,840
 >> I would agree, and also, because keep in mind, we already allow short-term -- we already

633
00:43:35,840 --> 00:43:40,440
 allow short-term rentals in all of our residential zoning districts plus the MN district.

634
00:43:40,440 --> 00:43:48,160
 So in some of those other communities, their ordinances are -- do not address short-term

635
00:43:48,160 --> 00:43:50,880
 rentals, or they have not had ordinances in place.

636
00:43:50,880 --> 00:43:53,720
 In Plano's case, I know they've been working with their task force, and I believe they

637
00:43:53,720 --> 00:43:59,600
 even have a meeting this evening to address how they may -- what regulatory provisions

638
00:43:59,600 --> 00:44:02,160
 they may put in place moving forward.

639
00:44:02,160 --> 00:44:06,200
 But I feel like our situation has been a little bit different because our community has embraced

640
00:44:06,200 --> 00:44:11,880
 allowing for short-term rentals, and so now we are making additional refinements to our

641
00:44:11,880 --> 00:44:15,880
 regulations to be able to ensure that we continue to protect the residential character of our

642
00:44:15,880 --> 00:44:22,080
 neighborhoods while also being able to balance that with all of the ever-changing legal environment

643
00:44:22,080 --> 00:44:26,680
 in which we've been having to evaluate this and operate under.

644
00:44:26,680 --> 00:44:31,600
 And if I could circle back, you know, with respect to the question on trying to regulate

645
00:44:31,600 --> 00:44:36,320
 differently, you know, as Hillary pointed out, there was the court case, and I know

646
00:44:36,320 --> 00:44:37,440
 Angie's made reference to it.

647
00:44:37,440 --> 00:44:40,240
 We have already made that change to our ordinance.

648
00:44:40,240 --> 00:44:45,000
 If you recall, we broke our process into two phases.

649
00:44:45,000 --> 00:44:50,880
 Phase one, we purposely addressed the legal issue coming out of the court case, and then

650
00:44:50,880 --> 00:44:56,320
 we did this phase two because this was taking more time and we didn't want to subject ourselves

651
00:44:56,320 --> 00:45:00,640
 to any potential litigation, so hence why we took care of the other issue on the front

652
00:45:00,640 --> 00:45:01,640
 end.

653
00:45:01,640 --> 00:45:02,640
 >> Commissioner Cole.

654
00:45:02,640 --> 00:45:04,680
 >> Thank you, Chair.

655
00:45:04,680 --> 00:45:12,520
 Angie, so, you know, we have an estimate of how many we think there are in town.

656
00:45:12,520 --> 00:45:17,440
 Have you done -- what's the revenue that would come off of this to the city?

657
00:45:17,440 --> 00:45:20,720
 Do you have an estimate of that?

658
00:45:20,720 --> 00:45:23,440
 >> I do not off the top of my head.

659
00:45:23,440 --> 00:45:28,080
 I could reach out to those who are more involved with the administration of our hot funds to

660
00:45:28,080 --> 00:45:33,920
 see what that may be, but we're missing out on probably tens of thousands, I believe was

661
00:45:33,920 --> 00:45:37,200
 the estimate I've heard of hot tax collection.

662
00:45:37,200 --> 00:45:43,000
 >> Other questions for Angie?

663
00:45:43,000 --> 00:45:48,560
 If we come up with others, we can talk about them.

664
00:45:48,560 --> 00:45:49,560
 Thank you for this.

665
00:45:49,560 --> 00:45:50,560
 >> Thanks so much.

666
00:45:50,560 --> 00:45:52,720
 >> Yeah, as you can see, this is a complicated topic.

667
00:45:52,720 --> 00:45:57,600
 I remember when we did this new code, we actually taped -- we just put it aside and said, we'll

668
00:45:57,600 --> 00:46:01,840
 get back to -- that was 2019, like, we'll keep talking about this, and we've been talking

669
00:46:01,840 --> 00:46:06,560
 about it and talking about it, and DCRC has been, yeah, doing a great job and staff talking

670
00:46:06,560 --> 00:46:11,880
 through it, so it's probably long overdue that we're getting some of this in place.

671
00:46:11,880 --> 00:46:12,880
 Go ahead.

672
00:46:12,880 --> 00:46:17,120
 >> So I know we've talked about one potential change to the ordinance.

673
00:46:17,120 --> 00:46:20,880
 Not knowing what to expect this evening in terms of our public engagement, we have done

674
00:46:20,880 --> 00:46:26,760
 -- I say we, Angie and Matt have extensively done a public engagement phase trying to get

675
00:46:26,760 --> 00:46:27,760
 the word out.

676
00:46:27,760 --> 00:46:28,760
 We've done a press release.

677
00:46:28,760 --> 00:46:33,560
 We've also done push notifications with respect to social media in order to be able to help

678
00:46:33,560 --> 00:46:37,680
 inform property owners and residents within our community that we're working on this.

679
00:46:37,680 --> 00:46:43,640
 If the commission feels that additional refinements are needed to be made, then we could always

680
00:46:43,640 --> 00:46:47,260
 continue the public hearing and make those changes.

681
00:46:47,260 --> 00:46:50,920
 With this one modification that we've discussed this evening, you know, if you're comfortable

682
00:46:50,920 --> 00:46:56,120
 with everything else that we have in the ordinance, if you feel so forth as you want to allow

683
00:46:56,120 --> 00:46:59,440
 us to be able to move forward with these ordinance amendments, you can always recommend approval

684
00:46:59,440 --> 00:47:05,720
 with the condition or with the request that we go back and revisit the one provision regarding

685
00:47:05,720 --> 00:47:09,920
 the transfer of the sale of property and being able to address that based upon what Angie

686
00:47:09,920 --> 00:47:12,160
 had suggested in our work session.

687
00:47:12,160 --> 00:47:13,160
 And she's raising her hand.

688
00:47:13,160 --> 00:47:14,160
 >> Sorry.

689
00:47:14,160 --> 00:47:24,240
 >> I need you to come to the podium if you're going to talk.

690
00:47:24,240 --> 00:47:30,560
 >> I apologize for sitting down, also if we're making note, if you could make note of the

691
00:47:30,560 --> 00:47:32,680
 expiration correction that would need to be made.

692
00:47:32,680 --> 00:47:37,560
 I've made note of it, but it would be good to have it in a motion, so that's all.

693
00:47:37,560 --> 00:47:38,560
 Sit down now.

694
00:47:38,560 --> 00:47:39,560
 >> Okay.

695
00:47:39,560 --> 00:47:40,560
 Great.

696
00:47:40,560 --> 00:47:41,560
 Okay.

697
00:47:41,560 --> 00:47:42,560
 Thank you.

698
00:47:42,560 --> 00:47:43,560
 >> So with Angie's side.

699
00:47:43,560 --> 00:47:44,560
 >> Very good.

700
00:47:44,560 --> 00:47:45,560
 Awesome.

701
00:47:45,560 --> 00:47:46,560
 >> Thank you.

702
00:47:46,560 --> 00:47:47,560
 >> Okay.

703
00:47:47,560 --> 00:47:48,560
 Thank you.

704
00:47:48,560 --> 00:47:50,520
 We do have a work session report left because that takes us through the end of our regular

705
00:47:50,520 --> 00:47:52,680
 meeting topics.

706
00:47:52,680 --> 00:47:56,800
 I am going to ask you, commissioners, do you want to have recess real quick so you can

707
00:47:56,800 --> 00:48:02,840
 get food and then we'll hear the report before we run out of time when it happens a lot.

708
00:48:02,840 --> 00:48:07,880
 So let's go ahead and take a quick recess at 5.49 p.m.

709
00:48:07,880 --> 00:48:19,160
 We'll get food and we'll come right back here so we can get right into that report.

710
00:48:19,160 --> 00:48:20,840
 Thank you for allowing us that short recess.

711
00:48:20,840 --> 00:48:26,120
 I'll call us back to order at 5.59 p.m. for our final work session item today which is

712
00:48:26,120 --> 00:48:29,120
 3A PZ230.

713
00:48:29,120 --> 00:48:30,120
 Receive a report.

714
00:48:30,120 --> 00:48:33,920
 Hold a discussion regarding Denton's Simply Sustainable Framework.

715
00:48:33,920 --> 00:48:35,400
 Thank you for your patience with us.

716
00:48:35,400 --> 00:48:36,400
 Hi.

717
00:48:36,400 --> 00:48:37,400
 >> Of course.

718
00:48:37,400 --> 00:48:38,400
 Good evening.

719
00:48:38,400 --> 00:48:52,080
 I'm Sarah Barnett, sustainability manager for the City of Denton.

720
00:48:52,080 --> 00:48:56,320
 So I'm going to probably go through the slides a little more quickly so you can get to your

721
00:48:56,320 --> 00:48:57,320
 meeting on time.

722
00:48:57,320 --> 00:49:00,360
 We'll have time for questions.

723
00:49:00,360 --> 00:49:04,240
 So we're just going to talk a little bit about the framework focus areas and the synergies

724
00:49:04,240 --> 00:49:08,680
 that we have with other -- speak into it.

725
00:49:08,680 --> 00:49:09,680
 >> Speak into the microphone.

726
00:49:09,680 --> 00:49:10,680
 >> I'm sorry.

727
00:49:10,680 --> 00:49:12,880
 I'm used to the up in the air microphones.

728
00:49:12,880 --> 00:49:14,160
 >> That's okay.

729
00:49:14,160 --> 00:49:15,160
 They're recording.

730
00:49:15,160 --> 00:49:18,440
 So I think if you speak directly in the microphone, it will help reduce the feedback you're getting.

731
00:49:18,440 --> 00:49:19,440
 >> Okay.

732
00:49:19,440 --> 00:49:20,440
 Great.

733
00:49:20,440 --> 00:49:21,440
 Thank you.

734
00:49:21,440 --> 00:49:22,440
 >> Thank you.

735
00:49:22,440 --> 00:49:26,760
 >> So the land use sections and then transportation, energy, water and waste are the framework

736
00:49:26,760 --> 00:49:33,400
 focus areas that we feel most aligned with land use and planning and development.

737
00:49:33,400 --> 00:49:40,040
 The simply sustainable framework was developed in 2012 and updated in 2020 is when that adoption

738
00:49:40,040 --> 00:49:41,040
 occurred.

739
00:49:41,040 --> 00:49:46,380
 It was actually a '18-'19 document that wasn't adopted until 2020.

740
00:49:46,380 --> 00:49:49,620
 So we're working with information that's more than five years old.

741
00:49:49,620 --> 00:49:55,560
 So we're going through another update right now.

742
00:49:55,560 --> 00:50:04,640
 So the land use section of the framework, we have encourage, preserve, minimize, encourage,

743
00:50:04,640 --> 00:50:10,120
 just really trying to create that behavior change and see what we can do to spur development

744
00:50:10,120 --> 00:50:14,220
 to be more sustainable just across the whole city.

745
00:50:14,220 --> 00:50:19,120
 And we also have the tree canopy goals included in there similar to our urban forest master

746
00:50:19,120 --> 00:50:22,880
 plan goals.

747
00:50:22,880 --> 00:50:28,040
 So some of the synergies between the 2040 comp plan and then the parks and rec and trails

748
00:50:28,040 --> 00:50:34,480
 master plan and the urban forest master plan, we just want to give you a little bit of kind

749
00:50:34,480 --> 00:50:38,700
 of a look at what those look like as you cross the 2040 plan.

750
00:50:38,700 --> 00:50:44,820
 So these are key actions from the comp plan that are very similar with what we have in

751
00:50:44,820 --> 00:50:46,120
 the sustainability framework.

752
00:50:46,120 --> 00:50:52,120
 So you see how the other plans kind of feed in to the sustainability goals.

753
00:50:52,120 --> 00:50:54,520
 And then this plan was adopted in March of 2022.

754
00:50:54,520 --> 00:51:01,200
 So we do need to work to incorporate that in our framework update.

755
00:51:01,200 --> 00:51:05,120
 Similar to the parks and recreation and trail system master plan, a lot of these objectives

756
00:51:05,120 --> 00:51:11,480
 or actions are very similar to what we have to increase walkability, to have that 10 minute

757
00:51:11,480 --> 00:51:18,920
 walk, to have the trail connections, the off street and create those safety standards for

758
00:51:18,920 --> 00:51:25,320
 mobility.

759
00:51:25,320 --> 00:51:29,520
 When we get into the transportation, water and energy sectors, again, we're trying to

760
00:51:29,520 --> 00:51:31,800
 reduce the environmental impacts.

761
00:51:31,800 --> 00:51:34,500
 We want to have that green infrastructure.

762
00:51:34,500 --> 00:51:39,480
 We want to encourage the reductions in per capita usage, whether it's energy, water,

763
00:51:39,480 --> 00:51:43,120
 reducing your waste so that we're saving landfill space.

764
00:51:43,120 --> 00:51:47,960
 And then one thing that we've been consistent with in the city of Denton is the energy efficiency

765
00:51:47,960 --> 00:51:49,340
 building standards.

766
00:51:49,340 --> 00:51:54,040
 We have been ahead of schedule on adoption of those standards compared to most cities

767
00:51:54,040 --> 00:51:55,320
 in the state.

768
00:51:55,320 --> 00:52:00,080
 So that's a real bonus for us.

769
00:52:00,080 --> 00:52:05,040
 So when you look at the mobility plan, which includes the bike plan, the pedestrian plan,

770
00:52:05,040 --> 00:52:09,120
 the renewable resource plan, which is underway right now through Denton Municipal Electric,

771
00:52:09,120 --> 00:52:11,120
 they're updating that plan.

772
00:52:11,120 --> 00:52:14,480
 Water and wastewater master plans are being updated.

773
00:52:14,480 --> 00:52:18,080
 The water conservation and drought contingency plan is being updated.

774
00:52:18,080 --> 00:52:22,240
 And then we have the comprehensive solid waste management strategy, which doesn't give us

775
00:52:22,240 --> 00:52:27,000
 the clear objectives that we could pull out from the mobility plan to show you exactly

776
00:52:27,000 --> 00:52:29,000
 what that looks like here.

777
00:52:29,000 --> 00:52:33,200
 But as all of these are updated, we'll start pulling out those pieces of it that really

778
00:52:33,200 --> 00:52:38,120
 fit with sustainability.

779
00:52:38,120 --> 00:52:41,720
 So just a few of the objectives from the mobility plan, just so you kind of see how that all

780
00:52:41,720 --> 00:52:43,440
 works together.

781
00:52:43,440 --> 00:52:47,160
 And then this, again, it works through all of our sustainability education and all of

782
00:52:47,160 --> 00:52:53,200
 our efforts that we're doing to try to get folks to be thinking about this holistically.

783
00:52:53,200 --> 00:52:56,880
 On the energy, water, and waste, that's where we have a lot of these plans that are still

784
00:52:56,880 --> 00:52:57,880
 ongoing.

785
00:52:57,880 --> 00:53:04,720
 So that's something we still have the opportunity to build out through this update.

786
00:53:04,720 --> 00:53:09,920
 So with the framework committee, we're working on the review and the update for the Simply

787
00:53:09,920 --> 00:53:11,480
 Sustainable Framework.

788
00:53:11,480 --> 00:53:16,320
 If you're not familiar with the committee, it's an appointed board, and their charge

789
00:53:16,320 --> 00:53:21,560
 is to advise council on implementing the sustainability framework.

790
00:53:21,560 --> 00:53:26,160
 And then we'll work to incorporate all of the newly adopted programs and goals with

791
00:53:26,160 --> 00:53:27,880
 our sustainability efforts.

792
00:53:27,880 --> 00:53:33,200
 I know that was fast, so if y'all have any questions on any of this, I figure we need

793
00:53:33,200 --> 00:53:35,800
 to jump off into questions.

794
00:53:35,800 --> 00:53:41,800
 Questions as people are eating?

795
00:53:41,800 --> 00:53:46,200
 If anybody's done chewing.

796
00:53:46,200 --> 00:53:49,440
 Commissioner Perot.

797
00:53:49,440 --> 00:53:50,440
 Thank you.

798
00:53:50,440 --> 00:53:56,600
 First, a general one, and then a specific one, just because we flew by it.

799
00:53:56,600 --> 00:54:01,120
 And it's a term that I barely think I might know what it understand means.

800
00:54:01,120 --> 00:54:03,520
 I can't talk this evening.

801
00:54:03,520 --> 00:54:14,600
 So first, general, has the sustainable -- the framework committee -- what's the term?

802
00:54:14,600 --> 00:54:16,640
 The Sustainability Framework Advisory Committee.

803
00:54:16,640 --> 00:54:17,640
 Advisory Committee.

804
00:54:17,640 --> 00:54:18,640
 Thank you.

805
00:54:18,640 --> 00:54:30,760
 Has that committee broached issues of land use and how -- I understand the medium, shorter,

806
00:54:30,760 --> 00:54:34,120
 long-term goals of actions that we're going to take.

807
00:54:34,120 --> 00:54:43,680
 Have they given any guidance on what we can do as we consider land use changes to make

808
00:54:43,680 --> 00:54:45,480
 sure that we're consistent with that?

809
00:54:45,480 --> 00:54:47,600
 Does that make sense?

810
00:54:47,600 --> 00:54:52,120
 Like has there been much talk in the committee yet about the land use component, I guess?

811
00:54:52,120 --> 00:54:56,460
 Or is that something that is in the future?

812
00:54:56,460 --> 00:55:02,640
 Not on the specific land usage yet.

813
00:55:02,640 --> 00:55:11,360
 Some of the land use goals in the framework, it's not really that granular on the development.

814
00:55:11,360 --> 00:55:17,160
 It may speak to mixed use, walkable, infill, but they aren't getting into the site-specific

815
00:55:17,160 --> 00:55:18,160
 --

816
00:55:18,160 --> 00:55:19,160
 Sure.

817
00:55:19,160 --> 00:55:20,160
 Understood.

818
00:55:20,160 --> 00:55:21,160
 -- or the zoning or anything along those lines.

819
00:55:21,160 --> 00:55:22,160
 Okay.

820
00:55:22,160 --> 00:55:25,440
 Now my fun question that hopefully will get some other people with questions thinking.

821
00:55:25,440 --> 00:55:31,280
 If you could go back, I think, three slides?

822
00:55:31,280 --> 00:55:33,720
 There.

823
00:55:33,720 --> 00:55:36,080
 Transportation demand management.

824
00:55:36,080 --> 00:55:42,600
 Can you explain kind of what that is and how that fits into this?

825
00:55:42,600 --> 00:55:44,600
 This is straight from the mobility plan.

826
00:55:44,600 --> 00:55:45,600
 Okay.

827
00:55:45,600 --> 00:55:46,600
 Oh, sorry.

828
00:55:46,600 --> 00:55:53,600
 But I do definitely understand the strategies to reduce dependence on single occupancy vehicles.

829
00:55:53,600 --> 00:55:59,940
 So all of the methods that you can use to reduce the single occupancy vehicle, so whether

830
00:55:59,940 --> 00:56:04,840
 it's walkability, whether it's bikeability, creating mixed use developments where you

831
00:56:04,840 --> 00:56:08,760
 don't have to get in your car to go do something.

832
00:56:08,760 --> 00:56:10,000
 Okay.

833
00:56:10,000 --> 00:56:23,420
 So I'm understanding sort of allowing or planning mobility access as well as land use all together

834
00:56:23,420 --> 00:56:32,320
 so that we start to reduce or increase VMT vehicle miles traveled as we go forward.

835
00:56:32,320 --> 00:56:34,440
 Is that kind of the idea?

836
00:56:34,440 --> 00:56:35,440
 Yes.

837
00:56:35,440 --> 00:56:36,440
 From the sustainability side.

838
00:56:36,440 --> 00:56:37,440
 Okay.

839
00:56:37,440 --> 00:56:38,440
 Definitely we're looking at VMT reduction.

840
00:56:38,440 --> 00:56:39,440
 Okay.

841
00:56:39,440 --> 00:56:40,440
 Thank you.

842
00:56:40,440 --> 00:56:43,440
 Oh, go ahead.

843
00:56:43,440 --> 00:56:49,200
 I guess just to help with the benefit for the rest of the group, so transportation demand

844
00:56:49,200 --> 00:56:55,560
 management is really a set of defined strategies aimed at maximizing travelers' choices.

845
00:56:55,560 --> 00:56:59,800
 So allowing people to have a variety of options.

846
00:56:59,800 --> 00:57:05,020
 So Catherine mentioned looking at other modes such as bicycle transportation.

847
00:57:05,020 --> 00:57:10,360
 So one of the things that our transportation services team is doing in support of the mobility

848
00:57:10,360 --> 00:57:15,380
 plan is making sure that we are looking at context-sensitive design, that we're looking

849
00:57:15,380 --> 00:57:20,760
 at implementing a variety of transportation mode options.

850
00:57:20,760 --> 00:57:26,000
 Our mobility plan, if you recall, was heavy on not only addressing vehicle, but also the

851
00:57:26,000 --> 00:57:33,920
 pedestrian component and the bicycle component.

852
00:57:33,920 --> 00:57:35,280
 Other questions for Catherine?

853
00:57:35,280 --> 00:57:38,360
 Catherine, does this committee meet on the regular?

854
00:57:38,360 --> 00:57:41,680
 I know it's been established for like, what, three years now or something like that?

855
00:57:41,680 --> 00:57:44,000
 Two, two and a half years, I think.

856
00:57:44,000 --> 00:57:51,320
 We meet on the fourth Friday in this room, and it's televised.

857
00:57:51,320 --> 00:57:52,320
 Fourth Friday at one p.m.

858
00:57:52,320 --> 00:57:55,720
 Has it been the same group the whole time?

859
00:57:55,720 --> 00:57:57,760
 We have had a few changes.

860
00:57:57,760 --> 00:58:02,760
 I think we have three, four members that have stayed on for almost the entire time, yes.

861
00:58:02,760 --> 00:58:07,200
 Yeah, because that's just, obviously you're working through a lot of ongoing issues.

862
00:58:07,200 --> 00:58:08,200
 Absolutely.

863
00:58:08,200 --> 00:58:13,880
 So I assume this committee is staying together for a bit to continue to put this together?

864
00:58:13,880 --> 00:58:14,880
 Yes.

865
00:58:14,880 --> 00:58:15,880
 Okay.

866
00:58:15,880 --> 00:58:18,560
 Other questions for Catherine?

867
00:58:18,560 --> 00:58:19,560
 Okay.

868
00:58:19,560 --> 00:58:26,840
 It would be great if, we didn't have this in our backup, but maybe if we could kind

869
00:58:26,840 --> 00:58:29,320
 of have this emailed out to us, just.

870
00:58:29,320 --> 00:58:30,880
 Yeah, I'll get it to you.

871
00:58:30,880 --> 00:58:34,880
 Yeah, so since we went through it so fast, just to be able to kind of read through it

872
00:58:34,880 --> 00:58:35,880
 and just kind of-

873
00:58:35,880 --> 00:58:36,880
 If you have any questions, reach out.

874
00:58:36,880 --> 00:58:37,880
 Know what the focus is on the committee.

875
00:58:37,880 --> 00:58:38,880
 We can follow up.

876
00:58:38,880 --> 00:58:39,880
 Yeah.

877
00:58:39,880 --> 00:58:40,880
 Yeah, that'd be great.

878
00:58:40,880 --> 00:58:41,880
 Yeah, absolutely.

879
00:58:41,880 --> 00:58:42,880
 Appreciate you being here.

880
00:58:42,880 --> 00:58:43,880
 Yes.

881
00:58:43,880 --> 00:58:44,880
 Okay.

882
00:58:44,880 --> 00:58:45,880
 All right.

883
00:58:45,880 --> 00:58:46,880
 Thanks.

884
00:58:46,880 --> 00:58:47,880
 Thank you very much.

885
00:58:47,880 --> 00:58:48,880
 Okay.

886
00:58:48,880 --> 00:58:49,880
 With that, that concludes our work session.

887
00:58:49,880 --> 00:59:07,320
 So I'll go ahead and adjourn us at 610, meet you in council chambers at 630.

888
00:59:07,320 --> 00:59:10,280
 Good evening and welcome to the City of Denton's Planning and Zoning Commission meeting for

889
00:59:10,280 --> 00:59:14,040
 Wednesday, February 28th, 2024.

890
00:59:14,040 --> 00:59:17,800
 With the quorum present, I will call us to order at 633 PM.

891
00:59:17,800 --> 00:59:22,240
 I'll let the record show that Commissioner Smith is absent this evening.

892
00:59:22,240 --> 00:59:25,680
 First item on our agenda is the Pledge of Allegiance to the U.S. and Texas Flags.

893
00:59:25,680 --> 00:59:33,640
 I pledge allegiance to the flag of the United States of America and to the republic for

894
00:59:33,640 --> 00:59:41,760
 which it stands, one nation, under God, indivisible, with liberty and justice for all.

895
00:59:41,760 --> 00:59:43,400
 Honor the Texas flag.

896
00:59:43,400 --> 00:59:53,000
 I pledge allegiance to thee, Texas, one state, under God, one and indivisible.

897
00:59:53,000 --> 00:59:54,000
 Thank you.

898
00:59:54,000 --> 00:59:58,920
 Next item on our agenda is consider the approval of our agenda minutes from our meetings February

899
00:59:58,920 --> 01:00:03,640
 20th, I'm sorry, February 14th and February 21st.

900
01:00:03,640 --> 01:00:04,640
 Commissioner Villarreal.

901
01:00:04,640 --> 01:00:05,640
 Move approval.

902
01:00:05,640 --> 01:00:06,640
 Commissioner Pruitt.

903
01:00:06,640 --> 01:00:07,640
 Second.

904
01:00:07,640 --> 01:00:09,320
 First and a second for approval.

905
01:00:09,320 --> 01:00:11,320
 Any discussion?

906
01:00:11,320 --> 01:00:28,420
 Let's go ahead and vote, please.

907
01:00:28,420 --> 01:00:30,360
 That motion carries five zero.

908
01:00:30,360 --> 01:00:36,000
 That will take us to our consent agenda this evening.

909
01:00:36,000 --> 01:00:38,720
 Look for discussion or motion.

910
01:00:38,720 --> 01:00:39,720
 Commissioner Villarreal.

911
01:00:39,720 --> 01:00:44,560
 Move approval.

912
01:00:44,560 --> 01:00:45,560
 Commissioner Pruitt.

913
01:00:45,560 --> 01:00:46,560
 Second.

914
01:00:46,560 --> 01:00:51,720
 I've got a first and a second for approval of the consent agenda discussion.

915
01:00:51,720 --> 01:01:04,560
 Next vote, please.

916
01:01:04,560 --> 01:01:07,140
 That motion carries five zero.

917
01:01:07,140 --> 01:01:09,320
 That will take us to our items for individual consideration.

918
01:01:09,320 --> 01:01:14,640
 Our first is 4A FP 240006.

919
01:01:14,640 --> 01:01:16,360
 Angie is here for presentation.

920
01:01:16,360 --> 01:01:17,360
 Hello.

921
01:01:17,360 --> 01:01:21,000
 Hey, good evening, Chair, members of the commission.

922
01:01:21,000 --> 01:01:24,600
 I'm Angie Manglaris, development review manager.

923
01:01:24,600 --> 01:01:29,640
 This is a final plat FP 240006 for JPI Bonnie Bray.

924
01:01:29,640 --> 01:01:35,440
 This is a final plat for approximately 31 acres for the development of a future multifamily

925
01:01:35,440 --> 01:01:36,440
 development.

926
01:01:36,440 --> 01:01:39,720
 The subject property is zoned MN.

927
01:01:39,720 --> 01:01:44,360
 It is located off of Bonnie Bray Road, just south of Bronco Way.

928
01:01:44,360 --> 01:01:48,400
 At this time, the final plat does not meet our criteria for approval, so staff is recommending

929
01:01:48,400 --> 01:01:49,400
 denial.

930
01:01:49,400 --> 01:01:52,560
 However, we have no objection to the request of extension, which could be granted to a

931
01:01:52,560 --> 01:01:55,360
 date of March 20th, 2024.

932
01:01:55,360 --> 01:01:58,560
 And this is their first extension request, and I'm happy to answer any questions you

933
01:01:58,560 --> 01:01:59,560
 may have.

934
01:01:59,560 --> 01:02:00,680
 Thank you very much, Angie.

935
01:02:00,680 --> 01:02:02,160
 Any questions for Angie?

936
01:02:02,160 --> 01:02:04,240
 You're not seeing.

937
01:02:04,240 --> 01:02:05,240
 Thank you.

938
01:02:05,240 --> 01:02:06,240
 Commissioner Villarreal.

939
01:02:06,240 --> 01:02:10,160
 I move approval of the extension request to a date certain of March 20th, 2024.

940
01:02:10,160 --> 01:02:11,160
 Great.

941
01:02:11,160 --> 01:02:12,160
 Commissioner Cole.

942
01:02:12,160 --> 01:02:13,160
 Second.

943
01:02:13,160 --> 01:02:15,880
 We've got a first and a second for approval of the extension request to a date certain

944
01:02:15,880 --> 01:02:21,360
 of March 20th, 2024 discussion.

945
01:02:21,360 --> 01:02:32,040
 Let's go ahead and vote, please.

946
01:02:32,040 --> 01:02:33,520
 That motion carries 5-0.

947
01:02:33,520 --> 01:02:38,840
 That will take us to 4B, FP 240005.

948
01:02:38,840 --> 01:02:41,360
 And Matt is here for a presentation of this item.

949
01:02:41,360 --> 01:02:44,360
 Good evening.

950
01:02:44,360 --> 01:02:49,320
 Good evening, Commission, Matt Bourdine, Assistant Planner.

951
01:02:49,320 --> 01:02:55,880
 So today here to consider a request for a final plot of lot one, block one, Boeing edition.

952
01:02:55,880 --> 01:03:02,680
 It's approximately a seven-acre tract located in the north part of the city of Dentons at

953
01:03:02,680 --> 01:03:05,600
 ETJ Division 1.

954
01:03:05,600 --> 01:03:10,840
 This plot is for a single-family property wishing to put a cell tower on it.

955
01:03:10,840 --> 01:03:15,360
 At this time, staff recommends denial because it does not meet the established criteria

956
01:03:15,360 --> 01:03:16,360
 for approval.

957
01:03:16,360 --> 01:03:21,200
 However, we have no objection to the requested extension to March 20th.

958
01:03:21,200 --> 01:03:22,200
 Great.

959
01:03:22,200 --> 01:03:23,600
 Thank you, Matt.

960
01:03:23,600 --> 01:03:24,960
 Appreciate it.

961
01:03:24,960 --> 01:03:25,960
 Commissioner Villarreal.

962
01:03:25,960 --> 01:03:30,120
 I move approval of the extension request to a date certain of March 20th, 2024.

963
01:03:30,120 --> 01:03:31,120
 Commissioner Perot.

964
01:03:31,120 --> 01:03:32,120
 Second.

965
01:03:32,120 --> 01:03:36,120
 We've got a first and a second to grant the extension request to a date certain of March

966
01:03:36,120 --> 01:03:41,480
 20th, 2024, discussion.

967
01:03:41,480 --> 01:03:50,620
 Let's vote, please.

968
01:03:50,620 --> 01:03:52,720
 That motion carries 5-0.

969
01:03:52,720 --> 01:03:55,780
 That'll take us to our public hearings for this evening.

970
01:03:55,780 --> 01:04:00,720
 First is 5A DCA 240002.

971
01:04:00,720 --> 01:04:06,320
 I will go ahead and open the public hearing and mention that staff has requested that

972
01:04:06,320 --> 01:04:09,880
 this item be postponed until March 20th.

973
01:04:09,880 --> 01:04:15,120
 Chair can entertain a motion or discussion.

974
01:04:15,120 --> 01:04:16,120
 Commissioner Villarreal.

975
01:04:16,120 --> 01:04:22,800
 I move approval of the extension request to the postponement to the date certain of March

976
01:04:22,800 --> 01:04:23,800
 20th, 2024.

977
01:04:23,800 --> 01:04:24,800
 Very good.

978
01:04:24,800 --> 01:04:25,800
 Commissioner Cole.

979
01:04:25,800 --> 01:04:26,800
 Second.

980
01:04:26,800 --> 01:04:32,360
 Okay, we've got a first and a second to postpone this item to a date certain of March 20th,

981
01:04:32,360 --> 01:04:36,000
 2024, leaving the public hearing open.

982
01:04:36,000 --> 01:04:37,000
 Discussion?

983
01:04:37,000 --> 01:04:38,000
 Okay.

984
01:04:38,000 --> 01:04:47,920
 Let's go ahead and vote, please.

985
01:04:47,920 --> 01:04:50,200
 That motion carries 5-0.

986
01:04:50,200 --> 01:04:55,240
 That'll take us to 5BZ230014.

987
01:04:55,240 --> 01:04:59,040
 I will go ahead and open the public hearing, and Ashley's here for presentation.

988
01:04:59,040 --> 01:05:00,040
 Hi.

989
01:05:00,040 --> 01:05:01,040
 Good evening.

990
01:05:01,040 --> 01:05:06,800
 Ashley, EXTED Assistant Planner.

991
01:05:06,800 --> 01:05:08,640
 This is Z2314.

992
01:05:08,640 --> 01:05:12,840
 This is a zoning change request for RDO equipment.

993
01:05:12,840 --> 01:05:17,280
 Their request is to go from a rural residential zoning to a light industrial zoning on approximately

994
01:05:17,280 --> 01:05:19,740
 13.4 acres.

995
01:05:19,740 --> 01:05:23,720
 This site is located on the south side of 380, west of Mosh Branch Road.

996
01:05:23,720 --> 01:05:28,000
 It is currently undeveloped and it's surrounded primarily by other undeveloped property and

997
01:05:28,000 --> 01:05:32,880
 gas wells, and their proposed use is in equipment sales and rental and warehouse use, and equipment

998
01:05:32,880 --> 01:05:37,320
 sales and rental use does require a specific use permit in light industrial, and that application

999
01:05:37,320 --> 01:05:43,320
 will be following after this one on a different date.

1000
01:05:43,320 --> 01:05:46,360
 This site is consistent with the future land use map.

1001
01:05:46,360 --> 01:05:51,080
 The future land use map designates this as light industrial and industrial commerce.

1002
01:05:51,080 --> 01:05:55,280
 Light industrial designation is intended for tracts of lands that are appropriate for light

1003
01:05:55,280 --> 01:06:00,840
 industrial activity, warehousing, associated supporting uses, and retail.

1004
01:06:00,840 --> 01:06:04,160
 Industrial commerce applies to areas where the predominant uses are both heavy and light

1005
01:06:04,160 --> 01:06:06,320
 industrial uses.

1006
01:06:06,320 --> 01:06:11,160
 It does also comply with the intent of LI zoning, which is primarily to provide locations

1007
01:06:11,160 --> 01:06:16,080
 for a variety of light industrial and employment uses, warehousing, and a wide range of supporting

1008
01:06:16,080 --> 01:06:19,560
 commercial uses and activities.

1009
01:06:19,560 --> 01:06:22,820
 It does also meet the criteria for approval of the Denton Development Code.

1010
01:06:22,820 --> 01:06:26,560
 It's consistent with the goals and policies of the future land use map and the Denton

1011
01:06:26,560 --> 01:06:31,860
 2040 Comprehensive Plan, and it's also consistent with the LI zoning district purpose statement.

1012
01:06:31,860 --> 01:06:36,640
 This rezoning is not expected to generate significant adverse environmental infrastructure or fiscal

1013
01:06:36,640 --> 01:06:39,400
 impacts.

1014
01:06:39,400 --> 01:06:40,400
 Notifications were sent out.

1015
01:06:40,400 --> 01:06:44,360
 The notifications were posted in the newspaper in the city's website.

1016
01:06:44,360 --> 01:06:47,280
 They were also posted on the property on January 11th.

1017
01:06:47,280 --> 01:06:51,520
 We sent out notices to everyone within 500 feet, and we did not receive any responses

1018
01:06:51,520 --> 01:06:53,720
 in opposition or in favor.

1019
01:06:53,720 --> 01:06:58,640
 The applicant also sent out neighborhood meeting invitations and did not receive any RSVPs,

1020
01:06:58,640 --> 01:07:02,540
 so the meeting was not held.

1021
01:07:02,540 --> 01:07:04,500
 Staff does recommend approval of the zoning changes.

1022
01:07:04,500 --> 01:07:07,960
 It complies with the criteria for approval of the Denton Development Code and happy to

1023
01:07:07,960 --> 01:07:08,960
 answer any questions.

1024
01:07:08,960 --> 01:07:11,120
 Thank you very much, Ashley.

1025
01:07:11,120 --> 01:07:13,280
 Any questions at this time for Ashley?

1026
01:07:13,280 --> 01:07:14,600
 Okay.

1027
01:07:14,600 --> 01:07:19,000
 I do have one card here, and it is the applicant.

1028
01:07:19,000 --> 01:07:22,440
 I'll allow Amy Bissett to come forward and speak.

1029
01:07:22,440 --> 01:07:23,440
 Hi.

1030
01:07:23,440 --> 01:07:24,440
 Good evening, commissioners.

1031
01:07:24,440 --> 01:07:28,560
 I have a few slides, but I'm not going to show them to you unless you really want to

1032
01:07:28,560 --> 01:07:29,560
 see them.

1033
01:07:29,560 --> 01:07:32,840
 So I'll just be happy to answer any questions that you have.

1034
01:07:32,840 --> 01:07:35,940
 Any questions for Amy?

1035
01:07:35,940 --> 01:07:36,940
 Thank you.

1036
01:07:36,940 --> 01:07:37,940
 Thank you.

1037
01:07:37,940 --> 01:07:38,940
 Thank you for being here.

1038
01:07:38,940 --> 01:07:41,800
 I don't have any other cards in front of me, but this is a public hearing.

1039
01:07:41,800 --> 01:07:45,160
 Is there anyone else wishing to speak on this item?

1040
01:07:45,160 --> 01:07:47,160
 Okay.

1041
01:07:47,160 --> 01:07:51,460
 Seeing none, I'll go ahead and close the public hearing and open the floor for discussion

1042
01:07:51,460 --> 01:07:52,640
 or a motion.

1043
01:07:52,640 --> 01:07:53,640
 Commissioner Cole.

1044
01:07:53,640 --> 01:07:54,640
 I make a motion to approve.

1045
01:07:54,640 --> 01:07:55,640
 Okay.

1046
01:07:55,640 --> 01:07:56,640
 Commissioner Fager.

1047
01:07:56,640 --> 01:07:57,640
 Second.

1048
01:07:57,640 --> 01:07:58,640
 Okay.

1049
01:07:58,640 --> 01:07:59,640
 We've got a first and a second for approval.

1050
01:07:59,640 --> 01:08:00,640
 Any discussion?

1051
01:08:00,640 --> 01:08:01,640
 Okay.

1052
01:08:01,640 --> 01:08:09,640
 Let's go ahead and vote on the board, please.

1053
01:08:09,640 --> 01:08:16,200
 The motion will carry 5-0.

1054
01:08:16,200 --> 01:08:19,440
 That will take us to our final public hearing item this evening.

1055
01:08:19,440 --> 01:08:24,600
 That's 5C, DCA 230002.

1056
01:08:24,600 --> 01:08:32,480
 I will go ahead and open the public hearing, and Angie is here for presentation.

1057
01:08:32,480 --> 01:08:37,520
 Thank you, Chair, members of the commission, Angie Manglaris, Development Review Manager.

1058
01:08:37,520 --> 01:08:40,640
 This is DCA 230002.

1059
01:08:40,640 --> 01:08:44,940
 This is short-term rental regulations and the associated code amendments that go along

1060
01:08:44,940 --> 01:08:48,600
 with that land use.

1061
01:08:48,600 --> 01:08:50,040
 Give you a little bit of background.

1062
01:08:50,040 --> 01:08:53,820
 This topic has been in discussion with city staff as well as the Development Code Review

1063
01:08:53,820 --> 01:08:56,320
 Committee for approximately the last year.

1064
01:08:56,320 --> 01:09:01,400
 There were 10 DCRC discussions on the topic related to short-term rentals and how we could

1065
01:09:01,400 --> 01:09:05,000
 approve the standards that we have in our code today.

1066
01:09:05,000 --> 01:09:08,280
 So a little bit about the short-term rental standards that we have today before we go

1067
01:09:08,280 --> 01:09:12,240
 into a little bit more detail on the background and the proposed amendments.

1068
01:09:12,240 --> 01:09:15,240
 Short-term rentals are currently in allowed use in the DDC.

1069
01:09:15,240 --> 01:09:21,080
 These are allowed uses in all of our residentially zoned districts as well as the MN district.

1070
01:09:21,080 --> 01:09:25,480
 There are associated use-specific standards that come along with this use.

1071
01:09:25,480 --> 01:09:33,440
 That includes registration requirements, providing a 24-hour contact, requiring that when you

1072
01:09:33,440 --> 01:09:39,000
 do register with the city, we currently have approximately 27 registered short-term rentals

1073
01:09:39,000 --> 01:09:42,680
 in the city out of an estimated 250.

1074
01:09:42,680 --> 01:09:46,840
 Short-term rental is currently defined in the DDC as the rental of an entire dwelling

1075
01:09:46,840 --> 01:09:53,400
 unit for monetary consideration for a period of time less than 30 consecutive days.

1076
01:09:53,400 --> 01:09:58,960
 This definition is separate and independent of our definitions for bed and breakfasts,

1077
01:09:58,960 --> 01:10:01,880
 boarding houses, rooming house and hotels.

1078
01:10:01,880 --> 01:10:06,160
 So that's just a little bit about where short-term rentals are allowed today, what they're currently

1079
01:10:06,160 --> 01:10:10,600
 defined as, as some of the requirements that they're subject to.

1080
01:10:10,600 --> 01:10:13,520
 So some background on these code amendments.

1081
01:10:13,520 --> 01:10:18,040
 The beginning of 2023, staff began reviewing the standards in the debt and development

1082
01:10:18,040 --> 01:10:22,400
 code as it relates to short-term rentals in response to recent rulings out of the Fifth

1083
01:10:22,400 --> 01:10:27,920
 Circuit Court, which held that requiring short-term applicants to demonstrate that a short-term

1084
01:10:27,920 --> 01:10:33,200
 rental dwelling unit was their primary residential unit was unconstitutional.

1085
01:10:33,200 --> 01:10:39,280
 And staff saw the need for an immediate amendment to the DDC as this was a regulation that could

1086
01:10:39,280 --> 01:10:40,600
 be legally challenged.

1087
01:10:40,600 --> 01:10:45,000
 So at that time we initiated essentially phase one of the short-term rental code update process,

1088
01:10:45,000 --> 01:10:49,400
 which was to remove this requirement from the code.

1089
01:10:49,400 --> 01:10:53,160
 During this time and as those discussions were ongoing, city staff was reviewing our

1090
01:10:53,160 --> 01:10:58,200
 short-term rental requirements against other recent legislation that had been in discussions

1091
01:10:58,200 --> 01:11:03,360
 as well as how other cities in our area were monitoring short-term rentals and how they

1092
01:11:03,360 --> 01:11:05,720
 were regulating them.

1093
01:11:05,720 --> 01:11:09,760
 As we're reviewing additional legislative issues came to light and helped inform the

1094
01:11:09,760 --> 01:11:14,160
 decisions that staff was making and communicating to the DCRC.

1095
01:11:14,160 --> 01:11:19,160
 So throughout the spring of 2023, the DCRC and city staff discussed short-term rentals

1096
01:11:19,160 --> 01:11:24,200
 and identified several areas that could use improvement or clarification in our code.

1097
01:11:24,200 --> 01:11:27,400
 One of those has already been addressed as we discussed and that was removing the primary

1098
01:11:27,400 --> 01:11:30,040
 residency requirement from the code.

1099
01:11:30,040 --> 01:11:35,200
 But there were other areas that came up that we saw need for improvement and that was refining

1100
01:11:35,200 --> 01:11:40,000
 our definitions for local emergency contact, providing clarification as what could be or

1101
01:11:40,000 --> 01:11:46,360
 what does classify as a short-term rental, refining our notification requirements, what's

1102
01:11:46,360 --> 01:11:51,440
 included in those who's notified when a short-term rental property does register, revising our

1103
01:11:51,440 --> 01:11:56,920
 advertisement requirements for short-term rentals, providing additional clarification

1104
01:11:56,920 --> 01:12:01,080
 to our enforcement and revocation processes for short-term rentals.

1105
01:12:01,080 --> 01:12:04,760
 And we also began to discuss consideration of maximum densities and exploring what those

1106
01:12:04,760 --> 01:12:05,880
 topics may look like.

1107
01:12:05,880 --> 01:12:09,280
 And so those were some of the topics that the DCRC city staff discussed through the

1108
01:12:09,280 --> 01:12:16,720
 spring of 2023 prior to bringing that to public hearing for consideration.

1109
01:12:16,720 --> 01:12:21,360
 Staff determined it was necessary to prepare a public engagement plan to solicit resident

1110
01:12:21,360 --> 01:12:26,100
 input related to those proposed STR regulations.

1111
01:12:26,100 --> 01:12:31,920
 So in the summer, staff held two town hall meetings and conducted an online survey related

1112
01:12:31,920 --> 01:12:35,720
 to short-term rentals and the proposed amendments that we were considering.

1113
01:12:35,720 --> 01:12:41,200
 As far as the online survey goes, a total of 224 individuals did participate in the

1114
01:12:41,200 --> 01:12:42,640
 20-question survey.

1115
01:12:42,640 --> 01:12:47,880
 The survey covered general questions related to STR sentiment as well as more specific questions

1116
01:12:47,880 --> 01:12:53,560
 about preferences in STRs as they relate to regulations in the city of Denton.

1117
01:12:53,560 --> 01:12:58,000
 The results from the survey reflected a general desire to maintain the integrity of single

1118
01:12:58,000 --> 01:13:01,920
 family areas within the city of Denton while still allowing for short-term rentals in some

1119
01:13:01,920 --> 01:13:04,880
 of our higher density areas within the city.

1120
01:13:04,880 --> 01:13:09,600
 At this point, city staff and the DCRC began exploring different density thresholds for

1121
01:13:09,600 --> 01:13:14,400
 short-term rentals in residential areas while still trying to find a balance where a higher

1122
01:13:14,400 --> 01:13:18,600
 density of those uses could be allowed in different areas of the city.

1123
01:13:18,600 --> 01:13:25,980
 So throughout the fall of 2023, the DCRC and city staff explored various options for density

1124
01:13:25,980 --> 01:13:30,840
 and distance separation requirements to adequately address the concerns that were seen throughout

1125
01:13:30,840 --> 01:13:33,960
 the short-term rental preference survey.

1126
01:13:33,960 --> 01:13:37,640
 So that is a little bit of background on the code amendments that you are considering this

1127
01:13:37,640 --> 01:13:41,600
 evening and I'm going to walk through the amendments.

1128
01:13:41,600 --> 01:13:46,680
 You do have an extensive red line in your backup, but I did want to cover each subsection

1129
01:13:46,680 --> 01:13:51,000
 of those and talk through some of those amendments that are being proposed.

1130
01:13:51,000 --> 01:13:55,840
 So the first one, you'll notice that one of the changes that we're making or proposing

1131
01:13:55,840 --> 01:14:00,720
 is that in every zoning district where a residential use is allowed, allowing short-term rentals

1132
01:14:00,720 --> 01:14:06,240
 to be an allowed use as well or permitted use, as I said earlier, currently short-term

1133
01:14:06,240 --> 01:14:10,760
 rentals are permitted in all of our residential zoning districts, plus the MN district.

1134
01:14:10,760 --> 01:14:16,440
 This would expand those opportunities, allowing short-term rentals in the MD district, MR

1135
01:14:16,440 --> 01:14:20,960
 district, SC, HC, and general office districts.

1136
01:14:20,960 --> 01:14:28,040
 In addition, modifying the maximum persons section in the use specific standards, maximum

1137
01:14:28,040 --> 01:14:34,200
 persons occupying a dwelling unit to incorporate short-term rentals within that overall exempt

1138
01:14:34,200 --> 01:14:35,200
 land use.

1139
01:14:35,200 --> 01:14:39,640
 So that is the change that you see in that subsection.

1140
01:14:39,640 --> 01:14:44,840
 As it relates to the specific section where the short-term rental use specific standards

1141
01:14:44,840 --> 01:14:50,300
 are found, there are changes made throughout really all of that subsection of our ordinance,

1142
01:14:50,300 --> 01:14:55,080
 but some of the major ones are refining our registration requirements, clarifying that

1143
01:14:55,080 --> 01:14:59,840
 a bedroom or a unit may be listed as a short-term rental.

1144
01:14:59,840 --> 01:15:04,040
 If you'll recall when we talked about the definition earlier, the code currently calls

1145
01:15:04,040 --> 01:15:08,000
 out today that the entire dwelling unit be considered a short-term rental.

1146
01:15:08,000 --> 01:15:15,120
 This would expand options to include an individual bedroom, and also refines the information

1147
01:15:15,120 --> 01:15:19,060
 that we require to be provided at the time of registration, including management companies

1148
01:15:19,060 --> 01:15:24,080
 where applicable, and we clarify what we mean by local emergency contact and make it a little

1149
01:15:24,080 --> 01:15:27,740
 more succinct and easy to understand.

1150
01:15:27,740 --> 01:15:31,480
 In addition to the use specific standards, that is not currently in the code today that

1151
01:15:31,480 --> 01:15:35,880
 I'm going to talk through a little bit, is the proposed permitting cap.

1152
01:15:35,880 --> 01:15:40,240
 This is a new addition to the use specific standards, and it is intended to address the

1153
01:15:40,240 --> 01:15:44,440
 concerns that came out of the short-term rental preference survey.

1154
01:15:44,440 --> 01:15:48,040
 The permitting cap is kind of divided into two categories.

1155
01:15:48,040 --> 01:15:54,200
 One is registrations or permits in residentially zoned districts.

1156
01:15:54,200 --> 01:15:59,920
 In residentially zoned districts, that's RR through R7, the proposal is a 1,000 permit

1157
01:15:59,920 --> 01:16:01,480
 limit.

1158
01:16:01,480 --> 01:16:07,920
 This applies to only short-term rentals within our residentially zoned areas.

1159
01:16:07,920 --> 01:16:12,140
 Applications shall be processed in the order that they're received, and should the number

1160
01:16:12,140 --> 01:16:17,680
 reach 1,000, those will stop being processed for that calendar year.

1161
01:16:17,680 --> 01:16:25,000
 A maximum of two short-term rental permits may be issued per parcel with a minimum distance

1162
01:16:25,000 --> 01:16:33,000
 separation of 100 feet parcel line to parcel line for existing short-term rentals.

1163
01:16:33,000 --> 01:16:37,800
 A note about multifamily developments within residentially zoned districts, because that

1164
01:16:37,800 --> 01:16:41,440
 is possible with the R7 zoning.

1165
01:16:41,440 --> 01:16:45,640
 Those registrations do count towards the total 1,000 permit cap.

1166
01:16:45,640 --> 01:16:51,560
 In addition, those developments are also held to the maximum of two registered short-term

1167
01:16:51,560 --> 01:16:54,120
 rentals per parcel.

1168
01:16:54,120 --> 01:16:58,280
 They're subject to all of the requirements within the residentially zoned districts,

1169
01:16:58,280 --> 01:17:03,240
 because that is the district they ultimately fall in, which is slightly different than

1170
01:17:03,240 --> 01:17:07,800
 when we talk about our non-residential districts and permitting in there.

1171
01:17:07,800 --> 01:17:12,600
 When we talk about short-term rental permits in our non-residential zoning districts, those

1172
01:17:12,600 --> 01:17:18,000
 do not count towards the overall 1,000 permit cap, nor are they subject to the 100-foot

1173
01:17:18,000 --> 01:17:19,240
 separation rule.

1174
01:17:19,240 --> 01:17:24,200
 This is regardless of if it's a single-family home that may be in an MN district or a multifamily

1175
01:17:24,200 --> 01:17:27,360
 development that may be in the MN district.

1176
01:17:27,360 --> 01:17:33,700
 For those multifamily developments that we have within our non-residential zoning districts,

1177
01:17:33,700 --> 01:17:39,240
 the limitation is a maximum of 10% of all units may be listed for those developments

1178
01:17:39,240 --> 01:17:41,240
 as a short-term rental.

1179
01:17:41,240 --> 01:17:47,080
 With a minimum of two, in case 10% happens to come out to like 1.5 or something, giving

1180
01:17:47,080 --> 01:17:51,240
 them the same allowance that those in the residential zoning districts do have, however,

1181
01:17:51,240 --> 01:17:55,240
 in no circumstance would they be allowed more than 10% of all of their units to be registered

1182
01:17:55,240 --> 01:17:59,840
 as short-term rentals.

1183
01:17:59,840 --> 01:18:05,560
 Moving on, further refinements were made to what is required to be provided in written

1184
01:18:05,560 --> 01:18:10,760
 briefings and safety features to those who are staying within short-term rentals, how

1185
01:18:10,760 --> 01:18:15,280
 to get in touch with the local emergency contact, as well as making some slight adjustments

1186
01:18:15,280 --> 01:18:21,320
 to the notification requirements of approval of short-term registration, clarifying when

1187
01:18:21,320 --> 01:18:26,800
 that notification of registration should occur, as well as what information needs to be included

1188
01:18:26,800 --> 01:18:30,960
 in that notification.

1189
01:18:30,960 --> 01:18:36,760
 Another major change compared to some of the tax changes that have been made is the subsection

1190
01:18:36,760 --> 01:18:42,440
 6, the revocation term fees and registration term fees and revocation.

1191
01:18:42,440 --> 01:18:46,600
 There's been an additional refinement of under the terms in which a short-term rental permit

1192
01:18:46,600 --> 01:18:52,120
 may be revoked, and that is the sample text that you see here on the side, which is that

1193
01:18:52,120 --> 01:18:56,880
 after receiving three notices of violation for a property maintenance code or the debt

1194
01:18:56,880 --> 01:19:01,600
 and development code, a short-term rental permit may be revoked.

1195
01:19:01,600 --> 01:19:06,600
 It also specifies the processes for which somebody could appeal that decision should

1196
01:19:06,600 --> 01:19:09,360
 they wish to.

1197
01:19:09,360 --> 01:19:15,080
 In addition, subsection 7, right to inspect premises, some language cleanup was done there

1198
01:19:15,080 --> 01:19:21,160
 to specify the circumstances under when a short-term rental inspection may occur.

1199
01:19:21,160 --> 01:19:27,120
 Finally, there are some other areas in the code that do address our short-term rentals

1200
01:19:27,120 --> 01:19:32,720
 and their regulations, and that is Table 7.9-I, which is where we house our minimum all-street

1201
01:19:32,720 --> 01:19:35,120
 parking requirements.

1202
01:19:35,120 --> 01:19:39,940
 Both the town halls and the preference survey showed a need to clarify this language a little

1203
01:19:39,940 --> 01:19:47,480
 more, and so the language has been refined to state that the short-term rental parking

1204
01:19:47,480 --> 01:19:51,480
 shall specify the maximum number of vehicles that are allowed on-premise for a short-term

1205
01:19:51,480 --> 01:19:55,760
 rental shall be limited to what is provided off-street.

1206
01:19:55,760 --> 01:20:00,840
 So you're not allowed to advertise more parking than you have on your site.

1207
01:20:00,840 --> 01:20:06,560
 In addition, the definitions that relate to short-term rentals have been revised.

1208
01:20:06,560 --> 01:20:12,000
 Short-term rental, this definition has been modified to incorporate the bedroom as an

1209
01:20:12,000 --> 01:20:17,700
 allowable listing unit, as well as the entire dwelling unit, and further refines the timeline

1210
01:20:17,700 --> 01:20:23,400
 that a short-term rental shall not be less than 24 hours nor greater than 29 consecutive

1211
01:20:23,400 --> 01:20:24,680
 days.

1212
01:20:24,680 --> 01:20:29,480
 And then the local emergency contact, that definition was refined to be a little more

1213
01:20:29,480 --> 01:20:35,240
 consolidated and concise to better communicate that that person needs to be available 24

1214
01:20:35,240 --> 01:20:38,600
 hours for both those who are staying in the short-term rental and those who may live near

1215
01:20:38,600 --> 01:20:41,000
 one.

1216
01:20:41,000 --> 01:20:45,600
 That is a summary of the proposed amendments, as you see in your backup.

1217
01:20:45,600 --> 01:20:50,840
 Staff is recommending approval of these text amendments as it meets the criteria for approval,

1218
01:20:50,840 --> 01:20:55,080
 both generally and specific to text amendments in the DDC.

1219
01:20:55,080 --> 01:21:01,000
 The next step would be a city council public hearing following this meeting, should this

1220
01:21:01,000 --> 01:21:04,400
 vote to move forward this evening.

1221
01:21:04,400 --> 01:21:05,400
 That is my presentation.

1222
01:21:05,400 --> 01:21:08,960
 I'm happy to answer any questions you all may have regarding short-term rentals.

1223
01:21:08,960 --> 01:21:09,960
 Thank you, Angie.

1224
01:21:09,960 --> 01:21:10,960
 Commissioner Thacker.

1225
01:21:10,960 --> 01:21:11,960
 Thank you, Chair.

1226
01:21:11,960 --> 01:21:16,160
 First of all, Angie, incredible presentation.

1227
01:21:16,160 --> 01:21:17,720
 Thank you for giving all that information to us.

1228
01:21:17,720 --> 01:21:20,760
 I can tell you guys have done a lot of legwork on this.

1229
01:21:20,760 --> 01:21:28,120
 Good question, what has been discussed regarding the permit if there is a change of ownership

1230
01:21:28,120 --> 01:21:31,360
 in the property and how that property will be defined?

1231
01:21:31,360 --> 01:21:39,440
 For instance, if there's someone that owns their home and they are using it in this manner,

1232
01:21:39,440 --> 01:21:45,160
 and then they change ownership, does the permit follow the dwelling or does it follow the

1233
01:21:45,160 --> 01:21:46,160
 person?

1234
01:21:46,160 --> 01:21:49,560
 I guess I'm just trying to understand how the 1,000 permit limit will work and how the

1235
01:21:49,560 --> 01:21:54,640
 wait list will work if it indeed follows the residence itself.

1236
01:21:54,640 --> 01:22:00,680
 Sure, and I think that was an area identified in work session that it is not something that

1237
01:22:00,680 --> 01:22:08,080
 we really can contemplate as a possibility occurring, a possible solution that was identified

1238
01:22:08,080 --> 01:22:13,680
 was should somebody acquire a property that had been used as a short-term rental, possibly

1239
01:22:13,680 --> 01:22:18,400
 putting a timeframe limitation on, they're allowed 30 days to update that or they lose

1240
01:22:18,400 --> 01:22:23,500
 that permit because should we ever get to the 1,000 permit cap, that could become an

1241
01:22:23,500 --> 01:22:30,480
 issue for those who are waiting, so if that's a change that we'd like to see, then that

1242
01:22:30,480 --> 01:22:33,280
 could be incorporated.

1243
01:22:33,280 --> 01:22:34,280
 Happy to do that.

1244
01:22:34,280 --> 01:22:40,160
 Currently, there's nothing in there that addresses that.

1245
01:22:40,160 --> 01:22:45,160
 Any other questions for Angie at this time?

1246
01:22:45,160 --> 01:22:46,160
 This is a public hearing.

1247
01:22:46,160 --> 01:22:48,120
 I do not have any cards in front of me.

1248
01:22:48,120 --> 01:22:52,840
 Is there anyone wishing to speak on this item?

1249
01:22:52,840 --> 01:22:56,000
 Okay.

1250
01:22:56,000 --> 01:23:00,800
 Before I close the public hearing, I would like to bring forward for discussion with

1251
01:23:00,800 --> 01:23:04,520
 the commission is several things were brought up in work session.

1252
01:23:04,520 --> 01:23:09,000
 One was what Commissioner Thaggard just brought up.

1253
01:23:09,000 --> 01:23:16,880
 Some other items related to some clarifying dates and clarifying language.

1254
01:23:16,880 --> 01:23:23,120
 I would like to propose that we let staff and legal work through those items that we

1255
01:23:23,120 --> 01:23:29,260
 brought up today before we make a recommendation to council so we know exactly what we're recommending

1256
01:23:29,260 --> 01:23:36,080
 to council instead of trying to dictate from the dais what we might think we are meaning

1257
01:23:36,080 --> 01:23:38,880
 by our work session concerns.

1258
01:23:38,880 --> 01:23:45,960
 If I leave the public hearing open, we could postpone the item then to our next meeting

1259
01:23:45,960 --> 01:23:46,960
 perhaps.

1260
01:23:46,960 --> 01:23:50,400
 I think that might give staff enough time to work through those concerns.

1261
01:23:50,400 --> 01:23:57,520
 We could look at it again as a full commission and then give a recommendation then.

1262
01:23:57,520 --> 01:24:03,400
 So I'd like to open that up for thoughts of you all at this time.

1263
01:24:03,400 --> 01:24:08,880
 Commissioner Cole, are you trying to press a button?

1264
01:24:08,880 --> 01:24:09,880
 I can see you.

1265
01:24:09,880 --> 01:24:10,880
 Yeah.

1266
01:24:10,880 --> 01:24:11,880
 Yeah.

1267
01:24:11,880 --> 01:24:12,880
 Go ahead.

1268
01:24:12,880 --> 01:24:13,880
 Thank you, Chair.

1269
01:24:13,880 --> 01:24:16,560
 I would be perfectly okay with that.

1270
01:24:16,560 --> 01:24:21,080
 I think that's a good idea.

1271
01:24:21,080 --> 01:24:26,880
 Well how about with that, I'm going to move that we do leave the public hearing open.

1272
01:24:26,880 --> 01:24:32,720
 We postpone this item to a date certain of our next meeting, which is March 20th.

1273
01:24:32,720 --> 01:24:33,720
 Commissioner Cole?

1274
01:24:33,720 --> 01:24:34,720
 I second.

1275
01:24:34,720 --> 01:24:35,720
 Okay.

1276
01:24:35,720 --> 01:24:42,200
 First and a second to postpone to our next meeting of March 20th.

1277
01:24:42,200 --> 01:24:44,800
 Any other discussion on that?

1278
01:24:44,800 --> 01:24:46,800
 Okay.

1279
01:24:46,800 --> 01:24:56,960
 Let's go ahead and vote, please.

1280
01:24:56,960 --> 01:24:59,040
 That motion will carry 5-0.

1281
01:24:59,040 --> 01:25:00,040
 Thank you.

1282
01:25:00,040 --> 01:25:05,440
 I think we had good discussion and look forward to being able to move that forward eventually.

1283
01:25:05,440 --> 01:25:06,760
 Okay.

1284
01:25:06,760 --> 01:25:11,360
 That will take us to our planning and zoning matrix, and I'll go ahead and give the floor

1285
01:25:11,360 --> 01:25:17,400
 to Tina.

1286
01:25:17,400 --> 01:25:18,600
 Thank you, Chair Ellis.

1287
01:25:18,600 --> 01:25:24,000
 So with respect to the matrix, given the presentation that we received this evening, it was the

1288
01:25:24,000 --> 01:25:27,540
 second item regarding providing an overview to the planning and zoning commission on how

1289
01:25:27,540 --> 01:25:31,400
 land use decisions affect debt and sustainability goals.

1290
01:25:31,400 --> 01:25:34,800
 If you all concur, I feel like we took care of that this evening and there's nothing more

1291
01:25:34,800 --> 01:25:35,800
 needed on that front.

1292
01:25:35,800 --> 01:25:38,840
 So we'll go ahead and update and remove that.

1293
01:25:38,840 --> 01:25:45,600
 In terms of other items that I typically update you on, so zoning action cases from City Council

1294
01:25:45,600 --> 01:25:51,920
 since we last met, the St. Mark's Plan Development District Amendment did return to City Council.

1295
01:25:51,920 --> 01:25:56,500
 The applicant made some additional refinements to their plan as a result of some additional

1296
01:25:56,500 --> 01:25:59,120
 neighborhood engagement work that they had done.

1297
01:25:59,120 --> 01:26:05,160
 So they relocated a portion of the parking that was originally proposed on the northwest

1298
01:26:05,160 --> 01:26:12,920
 portion of the site to the southeast portion of their site near their future education

1299
01:26:12,920 --> 01:26:14,080
 building.

1300
01:26:14,080 --> 01:26:19,160
 And so shifted some of that parking and then with respect to the drive location, the drive

1301
01:26:19,160 --> 01:26:25,000
 location has since returned back to its original location from the plan.

1302
01:26:25,000 --> 01:26:29,520
 So with the result of those changes, the neighborhood was much more supportive of that.

1303
01:26:29,520 --> 01:26:36,080
 And so council was able to approve that request and so that item has been approved.

1304
01:26:36,080 --> 01:26:39,120
 Moving on to our southeast area plan.

1305
01:26:39,120 --> 01:26:41,280
 So we continue to do engagement.

1306
01:26:41,280 --> 01:26:45,000
 The team has been out doing some intercept surveys last week and will continue that effort

1307
01:26:45,000 --> 01:26:46,000
 this week.

1308
01:26:46,000 --> 01:26:52,420
 I believe I may mention possibly that the steering committee for this project met back

1309
01:26:52,420 --> 01:27:00,000
 on February 15th and they received the strategies that are being proposed.

1310
01:27:00,000 --> 01:27:04,680
 If you are interested and want to see that full slide deck or PowerPoint deck, we do

1311
01:27:04,680 --> 01:27:09,920
 have that information, I believe, published on our Discuss Denton webpage for that particular

1312
01:27:09,920 --> 01:27:10,920
 project.

1313
01:27:10,920 --> 01:27:15,800
 Those strategies will be presented to the Planning and Zoning Commission and City Council

1314
01:27:15,800 --> 01:27:18,480
 at your upcoming joint meeting on March 19th.

1315
01:27:18,480 --> 01:27:21,460
 And again, that's 11 o'clock and we'll provide you lunch for that.

1316
01:27:21,460 --> 01:27:26,440
 So I know last week, thank you for coming in for our special called meeting where you

1317
01:27:26,440 --> 01:27:29,200
 receive the existing conditions from MIA.

1318
01:27:29,200 --> 01:27:33,440
 So we'll do a light touch on some of those key findings on that March 19th meeting for

1319
01:27:33,440 --> 01:27:39,920
 council's benefit and we'll issue a Friday report directing council to that discussion

1320
01:27:39,920 --> 01:27:42,800
 that took place should they want to go back and watch that video.

1321
01:27:42,800 --> 01:27:46,920
 So we continue moving forward with that project.

1322
01:27:46,920 --> 01:27:53,440
 We are targeting, I believe, an adoption hopefully by the end of May as it relates to that particular

1323
01:27:53,440 --> 01:27:54,440
 project.

1324
01:27:54,440 --> 01:27:58,360
 So we're making good progress and working with the community.

1325
01:27:58,360 --> 01:28:02,520
 The advisory group has been or steering committee has been very helpful for us as it relates

1326
01:28:02,520 --> 01:28:05,480
 to that project as well as we appreciate your feedback and input.

1327
01:28:05,480 --> 01:28:09,960
 So we feel like we're making some good progress there on that particular project.

1328
01:28:09,960 --> 01:28:15,640
 And then something that I failed to mention previously, so I don't know if you noticed

1329
01:28:15,640 --> 01:28:22,640
 when Angie introduced herself, she has a new title in this title happen, gosh, was it before

1330
01:28:22,640 --> 01:28:26,000
 Christmas holidays or after November.

1331
01:28:26,000 --> 01:28:31,320
 So my apologies for not bringing to your attention that we promoted Angie back at that time frame.

1332
01:28:31,320 --> 01:28:36,000
 So we have promoted her to our development review manager and obviously you can see with

1333
01:28:36,000 --> 01:28:40,000
 the work that she's done as well as Matt also working closely with her on short term

1334
01:28:40,000 --> 01:28:41,000
 run.

1335
01:28:41,000 --> 01:28:43,200
 This present or this promotion is very well deserved.

1336
01:28:43,200 --> 01:28:47,000
 So Mia's not here this evening, but Mia has also been promoted.

1337
01:28:47,000 --> 01:28:49,080
 So Mia has been promoted to a senior planner.

1338
01:28:49,080 --> 01:28:54,640
 So I'm delighted to be able to acknowledge the talent that we have in-house and being

1339
01:28:54,640 --> 01:28:59,480
 able to offer promotions where they've been truly earned both by Angie and Mia.

1340
01:28:59,480 --> 01:29:02,760
 So excited to be able to share that with you.

1341
01:29:02,760 --> 01:29:06,480
 And again, my apologies both to Angie and the commission though for not recognizing

1342
01:29:06,480 --> 01:29:08,680
 her in their promotion efforts.

1343
01:29:08,680 --> 01:29:15,520
 So but again, both Haley and I are very pleased with the success of our team and the professional

1344
01:29:15,520 --> 01:29:16,520
 growth that they've had.

1345
01:29:16,520 --> 01:29:19,100
 So I wanted to make sure I recognized them.

1346
01:29:19,100 --> 01:29:20,360
 But that concludes my report.

1347
01:29:20,360 --> 01:29:23,400
 So happy to address any questions you may have or if there's any additional items that

1348
01:29:23,400 --> 01:29:26,320
 need to be added to the matrix.

1349
01:29:26,320 --> 01:29:30,200
 - Anything for the matrix?

1350
01:29:30,200 --> 01:29:31,200
 Concluding items.

1351
01:29:31,200 --> 01:29:32,200
 Commissioner Villarreal.

1352
01:29:32,200 --> 01:29:37,440
 - Just want to remind folks that early voting for the primaries concludes this week.

1353
01:29:37,440 --> 01:29:41,080
 You can vote tomorrow and Friday at the Civic Center seven to seven.

1354
01:29:41,080 --> 01:29:45,200
 And then Tuesday is election day at the vote of your precinct location from seven to seven.

1355
01:29:45,200 --> 01:29:46,440
 - Appreciate that.

1356
01:29:46,440 --> 01:29:47,440
 Thank you.

1357
01:29:47,440 --> 01:29:50,240
 Any other concluding items?

1358
01:29:50,240 --> 01:29:52,280
 I'll go ahead and give a shout out to Angie.

1359
01:29:52,280 --> 01:29:53,280
 Congratulations.

1360
01:29:53,280 --> 01:29:54,920
 I did notice your title change as you were speaking.

1361
01:29:54,920 --> 01:29:57,680
 Yes, we can give a round of applause.

1362
01:29:57,680 --> 01:30:00,480
 And to me, I noticed that last time when she spoke.

1363
01:30:00,480 --> 01:30:06,400
 And congratulations to you for growing your team and supporting your team, which is super

1364
01:30:06,400 --> 01:30:07,540
 important.

1365
01:30:07,540 --> 01:30:10,160
 We appreciate all the hard work that you do.

1366
01:30:10,160 --> 01:30:11,160
 Okay.

1367
01:30:11,160 --> 01:30:14,720
 With that, I'll go ahead and adjourn at 7.04 p.m.

1368
01:30:14,720 --> 01:30:15,320
 Thank you very much.