WEBVTT

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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.

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 Good evening.

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 All right.

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 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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 Great.

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 Questions?

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 Okay.

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 Thank you, ma'am.

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 Okay.

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 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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 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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 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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 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.

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 Thank you.

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 Anything else for Ashley on this one?

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 Okay.

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 Thank you much.

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 Okay.

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 The final public hearing item is 5C DCA 230002.

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 Hello again.

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 Hello everyone.

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 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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 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.

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 >> Yes, ma'am.

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 They are the same.

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 >> Okay.

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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.

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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.

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 >> We will note that and make that change.

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 >> Yeah, that doesn't make sense, so we need to clean that up.

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 >> That needs to be cleaned up, yes, because the intent is it is one year it expires.

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 >> You want everybody on that same.

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 >> Yes.

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

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 Next one would be multifamily questions.

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 >> Sure.

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 >> 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.

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 >> Yes, ma'am.

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 And that is a topic we discussed at length.

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 And so in R7, multifamily is permitted within SUP, so we do know that there are multifamily

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 developments in some of our R7 zoned parcels.

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 Within those circumstances, should somebody register as a short-term rental within that

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

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 They are also limited to the two per parcel as every other residential -- I'm trying to

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 get to that slide while I talk -- as any other residential parcel would be restricted to.

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 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

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 or a multifamily development situated in one of our MN districts, those permits will not

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 count towards that thousand permit cap.

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 In those circumstances, if we do have a multifamily property development that is getting short-term

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 rental permits, they would not be allowed to have more than 10% of those units registered.

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 >> Right.

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 But how many per entity are you allowing?

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 >> It depends.

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 >> Okay.

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 >> Based on the base zoning.

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 Let's say that today I had an MN development come in and want to lease out some of their

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 units as a short-term rental.

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 They would be capped at 10% of total units.

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 If this same development, everything was the same but the base zoning was now R7, they

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 could still register as a short-term rental permit, but they're held to the same standards

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 as everybody else in those residentially zoned districts, meaning those permits count towards

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 our thousand permit cap, as well as they are allowed two per parcel rather than the 10%

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 they could be allowed in if they had a base zoning of MN or higher, more intensive.

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 >> You're saying two per parcel.

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 >> That would be the development in that case.

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 >> That's one parcel.

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 >> Yes, ma'am.

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 Five units or more on a parcel is our multifamily definition.

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 >> Okay.

00:14:33.720 --> 00:14:35.000
 Then that took me to another question.

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 So duplex, triplex, fourplex, one parcel?

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 >> Yes, ma'am.

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 >> So even though if it's two or four in a building, it's considered one?

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 >> One parcel, yes.

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 >> With those duplex, triplex, fourplex, all that, so you talk about 100 foot, can't have

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 another one, so you're just counting those as one, however?

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 >> The way we grappled a little bit with our distance separation because we recognize there

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 may be a duplex, triplex, quadplex situation.

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 There may also be I have a single family home, I rent out my bedroom, I also have an ADU

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 and maybe that's a short-term rental, so the 100 foot distance separation is property line

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 to property line, which would allow individuals who would like to pursue the opportunity of

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 utilizing both of those options on one parcel to do so.

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 Both of those registrations would count towards the thousand permit, but the parcel measurement

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 is where we take the 100 foot from.

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 >> Probably the toughest question to answer is you said we've got 27 registered of what

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 we think we have 250 in the city.

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 So we're making these changes, so what makes you think that we can enforce it any more

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 than we're doing right now, because obviously we're not doing it right now.

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 Do you have any plans for that?

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 >> There is a lot more going on than just text amendments, and so the way we have proposed

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 the draft ordinance to go into effect is August 1st.

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 I have a tentative council deadline of March 19th, so nothing changes the adoption March

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 19th with a delayed effectiveness to allow for continued public outreach to contact,

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 and we have the list of individuals who came to our initial town halls to reach back out

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 and say, hey, these were adopted.

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 This will be effective August 1st.

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 That's one component of public outreach.

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 The other component is we're working, I say we, I mean, the development services is working

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 to procure an independent from our community development permit tracking software, short-term

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 rental specific permit tracking software that one will help us keep track of all of the

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 things we do have and can help us keep track of how close are we to the thousand, but also

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 gets the data from Airbnb and VRBO of those who we know are operating and allows us to

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 send out letters that say, hey, we know you're operating.

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 We have these requirements.

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

00:17:21.180 --> 00:17:26.920
 I am confident that with that new software onboarding, we would be able to pursue enforcement

00:17:26.920 --> 00:17:28.680
 stronger than we are today.

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

00:17:32.920 --> 00:17:37.680
 in place to really be able to start this on the right foot.

00:17:37.680 --> 00:17:42.520
 And is that in collaboration with any other departments in the city or is development

00:17:42.520 --> 00:17:44.760
 services handling all of this?

00:17:44.760 --> 00:17:46.960
 We are not handling it by ourselves.

00:17:46.960 --> 00:17:51.120
 I know we have several members of our finance team involved because they collect the hot

00:17:51.120 --> 00:17:53.800
 taxes, community improvement services.

00:17:53.800 --> 00:17:56.880
 They do a lot of our enforcement is involved.

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.

00:18:03.200 --> 00:18:04.720
 So it's not just us.

00:18:04.720 --> 00:18:06.720
 Good, because it can't be.

00:18:06.720 --> 00:18:09.980
 It's such a collaborative thing to get any of this done.

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

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

00:18:26.600 --> 00:18:30.440
 doesn't talk about hot funds, but that's part of it.

00:18:30.440 --> 00:18:33.880
 So where do we have that somewhere?

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

00:18:38.840 --> 00:18:41.200
 is short term rental specific.

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

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,

00:18:51.360 --> 00:18:54.960
 the current standards, your points of contact.

00:18:54.960 --> 00:18:59.320
 So yes, it would need to be updated with these changes, but it does exist.

00:18:59.320 --> 00:19:00.320
 Where everything is...

00:19:00.320 --> 00:19:01.840
 Everything's in one neat place.

00:19:01.840 --> 00:19:02.840
 Yes, ma'am.

00:19:02.840 --> 00:19:03.840
 Okay.

00:19:03.840 --> 00:19:04.840
 Excellent.

00:19:04.840 --> 00:19:05.840
 Okay.

00:19:05.840 --> 00:19:06.840
 I'm going to stop talking because I know other people have questions.

00:19:06.840 --> 00:19:07.840
 So who's next?

00:19:07.840 --> 00:19:08.840
 Commissioner Brut.

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

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,

00:19:25.080 --> 00:19:28.640
 which under our current regulations are not registerable.

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

00:19:38.320 --> 00:19:42.840
 services to try to register before and they were turned away because the current code

00:19:42.840 --> 00:19:44.560
 wouldn't allow them to.

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

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

00:19:56.480 --> 00:19:58.640
 trying to register to actually do that as well.

00:19:58.640 --> 00:19:59.640
 Okay.

00:19:59.640 --> 00:20:00.640
 Thank you for that clarification.

00:20:00.640 --> 00:20:01.640
 Appreciate that.

00:20:01.640 --> 00:20:05.000
 Other questions for Angie at this moment?

00:20:05.000 --> 00:20:06.000
 Commissioner Cole.

00:20:06.000 --> 00:20:07.000
 Thank you, Chair.

00:20:07.000 --> 00:20:15.320
 And Angie, the ones that the people, I mean, I'm a big user of Airbnb.

00:20:15.320 --> 00:20:21.520
 I have two kids that live out of state and we go visit them with Airbnb.

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,

00:20:27.920 --> 00:20:30.600
 they live there.

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

00:20:42.560 --> 00:20:47.080
 it is their primary residence, they are living there.

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

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

00:21:01.120 --> 00:21:07.480
 the Fifth Court Circuit saying that you can't make that differentiation.

00:21:07.480 --> 00:21:15.560
 And in the conversations with both current operators as well as the DCRC, there's not

00:21:15.560 --> 00:21:17.840
 a difference in the use.

00:21:17.840 --> 00:21:21.400
 They're still meeting that definition of renting out a space.

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

00:21:26.840 --> 00:21:34.040
 today, renting out a bedroom is not in line with the short-term rental definition nor

00:21:34.040 --> 00:21:35.880
 the use specific standards.

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

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

00:21:45.340 --> 00:21:50.020
 to just rent out a bedroom and that's kind of how the business model works.

00:21:50.020 --> 00:21:58.820
 So in our eyes, yes, they're treated the same.

00:21:58.820 --> 00:22:08.520
 I look at it differently, that difference between the primary residence, you know, somebody

00:22:08.520 --> 00:22:14.880
 comes around the city of Dent and come into my house snooping around.

00:22:14.880 --> 00:22:15.880
 Sure.

00:22:15.880 --> 00:22:21.160
 I will note, I don't know that it helps much.

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

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

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

00:22:36.720 --> 00:22:42.040
 primary owner or a manager is continually on site and there may be small meals provided.

00:22:42.040 --> 00:22:44.920
 I can pull up the exact definition if you would like to see it.

00:22:44.920 --> 00:22:55.040
 But I think the code allows for a variety of short-term stays within different uses.

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

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

00:23:05.600 --> 00:23:10.520
 the land use substantially to pull it apart from the overall term short-term rental.

00:23:10.520 --> 00:23:12.200
 Okay.

00:23:12.200 --> 00:23:13.200
 Thank you.

00:23:13.200 --> 00:23:15.360
 Thank you, Chair.

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

00:23:20.080 --> 00:23:24.280
 to how or what the repercussions would be if, like, parking becomes an issue, particularly

00:23:24.280 --> 00:23:27.160
 for those homes that are renting out single rooms?

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?

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.

00:23:36.600 --> 00:23:39.080
 Obviously, you're staying in a room there.

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

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

00:23:49.480 --> 00:23:51.160
 a very limited space.

00:23:51.160 --> 00:23:53.960
 So how -- I mean, what's your plan for that?

00:23:53.960 --> 00:23:54.960
 Sure.

00:23:54.960 --> 00:23:58.040
 Parking is a challenging topic always.

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

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

00:24:09.480 --> 00:24:12.960
 zone established or, you know, if you're, like, on top of a fire hydrant.

00:24:12.960 --> 00:24:18.920
 And so there's somewhat limited in what can be regulated that way.

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

00:24:24.720 --> 00:24:29.720
 parking standards for short-term rentals came off as somewhat confusing.

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

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

00:24:41.800 --> 00:24:46.280
 vehicles one can bring, as well as provide all that information in my online listing

00:24:46.280 --> 00:24:51.860
 and written safety briefing that I would be required to provide to residents.

00:24:51.860 --> 00:24:57.320
 In addition to that, one of the issues you sometimes see, just in general, short-term

00:24:57.320 --> 00:25:02.000
 homes or single-family homes is individuals maybe parking over the sidewalk and impeding

00:25:02.000 --> 00:25:08.320
 that or parking on an unimproved surface, which are violations of the code of ordinances.

00:25:08.320 --> 00:25:15.040
 And so those issues, should they arise, could be addressed in that fashion where, you know,

00:25:15.040 --> 00:25:19.760
 parking on the grass in the front yard, specifically prohibited or blocking the sidewalk would

00:25:19.760 --> 00:25:20.760
 be prohibited.

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

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

00:25:33.800 --> 00:25:35.920
 rental if they know the parking is not there.

00:25:35.920 --> 00:25:41.320
 And then also using those warnings and citations where appropriate if there's consistent parking

00:25:41.320 --> 00:25:46.840
 on the sidewalk or on an unimproved surface and causing property maintenance issues.

00:25:46.840 --> 00:25:51.240
 Thank you, Chair.

00:25:51.240 --> 00:25:52.240
 Anybody else?

00:25:52.240 --> 00:25:53.240
 Commissioner Cole.

00:25:53.240 --> 00:25:54.240
 Thank you, Chair.

00:25:54.240 --> 00:26:04.920
 So one concern is that these corporate Airbnb interests that operate the many, how do you,

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

00:26:13.240 --> 00:26:15.200
 are going to get squeezed out.

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

00:26:24.640 --> 00:26:34.620
 there is a difference between a bedroom and a primary residence than another property.

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

00:26:40.480 --> 00:26:41.480
 out.

00:26:41.480 --> 00:26:42.480
 Sure.

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

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

00:26:52.120 --> 00:26:53.120
 rental.

00:26:53.120 --> 00:27:00.240
 I hear your concerns about the mom and pop Airbnb getting squeezed out because we've

00:27:00.240 --> 00:27:02.720
 hit our permit cap.

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

00:27:08.160 --> 00:27:14.920
 permit in single-family residentially zoned properties only, I guess 3% of all single-family

00:27:14.920 --> 00:27:21.480
 residentially zoned properties in the city, I'm sorry, parcels in the city.

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

00:27:26.480 --> 00:27:29.440
 have are coming in around 250.

00:27:29.440 --> 00:27:35.200
 This is absolutely something that can be and will be monitored as time goes on.

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

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

00:27:47.560 --> 00:27:53.100
 council or staff at that time season need to maybe revisit those policies, it's something

00:27:53.100 --> 00:27:55.540
 that could be flexible in the future.

00:27:55.540 --> 00:28:02.360
 By not having the cap in our commercially zoned properties, the thought is that we start

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

00:28:07.800 --> 00:28:14.240
 in your downtown, near your universities, along major thoroughfares.

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

00:28:22.920 --> 00:28:28.360
 to add this is something that the DCRC discussed extensively.

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

00:28:32.400 --> 00:28:38.240
 to regulate or limit the number that a operator could have.

00:28:38.240 --> 00:28:41.760
 What if you want three and Commissioner Thacker decides she wants five and Commissioner Villarreal

00:28:41.760 --> 00:28:45.560
 has got 10 and I've got 20, right?

00:28:45.560 --> 00:28:47.440
 How do we keep up with all of that?

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

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

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

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

00:29:12.240 --> 00:29:16.320
 approaches in order to be able to regulate this type of use.

00:29:16.320 --> 00:29:21.040
 To Angie's point, we do think the thousand permit cap is reasonable.

00:29:21.040 --> 00:29:25.680
 It's representative of approximately 3% of the housing units within Dunton.

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.

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

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

00:29:42.720 --> 00:29:43.720
 of units.

00:29:43.720 --> 00:29:49.600
 But know that the DCRC took that seriously and had lots of conversation and we could

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

00:29:54.840 --> 00:29:59.920
 knowing that people could make simple tweaks to their LLC names.

00:29:59.920 --> 00:30:00.920
 Commissioner Thacker.

00:30:00.920 --> 00:30:03.280
 Thank you, Chair.

00:30:03.280 --> 00:30:07.720
 Does the permit follow the property, which doesn't really make a lot of sense, obviously,

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

00:30:11.440 --> 00:30:16.720
 that's interested in purchasing a bed and breakfast, if they know that there's already

00:30:16.720 --> 00:30:22.160
 been 1,000 permits that have been distributed, it might influence whether or not they're

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

00:30:24.640 --> 00:30:27.440
 of the line when it comes to getting that permit.

00:30:27.440 --> 00:30:33.560
 So will it follow the properties if someone were to purchase them?

00:30:33.560 --> 00:30:37.400
 If somebody were to follow a ... I'm sorry.

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,

00:30:43.960 --> 00:30:51.680
 there's an opportunity to renew that, and the renewal period is November 1 through December

00:30:51.680 --> 00:30:53.840
 31, so there is some room now.

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,

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

00:31:05.440 --> 00:31:11.360
 track that in our system as well as utilize the right to conduct an additional inspection

00:31:11.360 --> 00:31:15.300
 if city staff felt like that was needed due to the change in circumstances.

00:31:15.300 --> 00:31:16.300
 Okay.

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,

00:31:21.280 --> 00:31:22.280
 right?

00:31:22.280 --> 00:31:23.280
 And I meant to ... I'm sorry.

00:31:23.280 --> 00:31:24.280
 Yeah.

00:31:24.280 --> 00:31:26.240
 You are short-term rentals for the 1,000 permit cap.

00:31:26.240 --> 00:31:27.240
 The bed and breakfast ...

00:31:27.240 --> 00:31:28.240
 That's a separate use.

00:31:28.240 --> 00:31:30.040
 Separate use.

00:31:30.040 --> 00:31:31.040
 That's not this.

00:31:31.040 --> 00:31:32.040
 Yeah.

00:31:32.040 --> 00:31:33.040
 Sure.

00:31:33.040 --> 00:31:34.040
 Okay.

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

00:31:36.080 --> 00:31:39.040
 a single-family home and they are renting out one of their rooms.

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

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

00:31:47.680 --> 00:31:48.680
 for rental?

00:31:48.680 --> 00:31:49.680
 Short-term rental.

00:31:49.680 --> 00:31:50.680
 Sure.

00:31:50.680 --> 00:31:56.440
 I would imagine if we had a valid permit and all the appropriate ownership contact information

00:31:56.440 --> 00:32:02.400
 as well as our required local emergency individual was identified, that that permit would remain

00:32:02.400 --> 00:32:07.240
 valid and when the expiration permit ... When the expiration of the permit draws close,

00:32:07.240 --> 00:32:11.640
 they would be allowed to apply for a renewal in their queue.

00:32:11.640 --> 00:32:18.520
 Yeah, because you are registering that permit to either the property owner or their designated

00:32:18.520 --> 00:32:19.520
 person, right?

00:32:19.520 --> 00:32:20.520
 Yes.

00:32:20.520 --> 00:32:27.160
 So if there was a change in ownership of the property ... I mean ...

00:32:27.160 --> 00:32:28.160
 We could probably add language.

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

00:32:31.840 --> 00:32:36.080
 and this new owner is ... So ...

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

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,

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

00:32:54.400 --> 00:32:56.040
 that clarity within the ordinance.

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

00:33:02.040 --> 00:33:05.240
 a permit associated with their home that they're buying?

00:33:05.240 --> 00:33:07.480
 So ... But they don't have to use it then.

00:33:07.480 --> 00:33:13.960
 Okay, but also ... I mean, it's just ... So if you owned a house

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

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

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

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

00:33:37.560 --> 00:33:41.480
 a short-term rental out of your new home, you would have to register that particular

00:33:41.480 --> 00:33:44.480
 property in order to be able to operate.

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

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

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

00:33:58.560 --> 00:34:00.680
 unless do we have something else to add?

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,

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

00:34:14.160 --> 00:34:19.080
 to update all of the information when the house sells might be an acceptable manner

00:34:19.080 --> 00:34:23.720
 to address that because the ownership would have to be updated as well as the emergency

00:34:23.720 --> 00:34:24.720
 contact.

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

00:34:29.560 --> 00:34:33.080
 go with the sale, to be honest with you, because ...

00:34:33.080 --> 00:34:35.800
 That would be an unusual situation where, but ...

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,

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

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,

00:34:52.520 --> 00:34:56.360
 and this permit's good for ... We keep those people on this waiting list.

00:34:56.360 --> 00:34:58.640
 They can't do anything until December.

00:34:58.640 --> 00:34:59.640
 Yeah.

00:34:59.640 --> 00:35:00.640
 If I don't renew it.

00:35:00.640 --> 00:35:01.640
 So I don't know.

00:35:01.640 --> 00:35:03.840
 That would be where my 30-day suggestion would come in.

00:35:03.840 --> 00:35:09.480
 I can understand that that permit was ... Maybe that person bought the home with the idea

00:35:09.480 --> 00:35:13.200
 to continue the short-term rental, but putting a very specific timeframe on when you lose

00:35:13.200 --> 00:35:18.600
 your spot may be a simple sentence that we can add into the expiration statements that

00:35:18.600 --> 00:35:19.600
 we have.

00:35:19.600 --> 00:35:20.600
 Okay.

00:35:20.600 --> 00:35:21.600
 I would agree.

00:35:21.600 --> 00:35:22.600
 Yeah.

00:35:22.600 --> 00:35:23.600
 Good question.

00:35:23.600 --> 00:35:24.600
 Commissioner Pruitt.

00:35:24.600 --> 00:35:26.600
 Thank you, Jer.

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

00:35:33.200 --> 00:35:40.200
 in that hypothetical, it only matters whether it stays and then transfers versus going away

00:35:40.200 --> 00:35:45.400
 and reapplying if you're already at the thousand cap, right?

00:35:45.400 --> 00:35:48.400
 So that may be one of those things.

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

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

00:35:57.800 --> 00:36:00.920
 they could continue that, right?

00:36:00.920 --> 00:36:09.040
 Another thing, just wanted to kind of add some color to Commissioner Cole's consternation

00:36:09.040 --> 00:36:12.640
 a little bit, because I have some similar consternation.

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

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

00:36:32.840 --> 00:36:41.880
 or not on defining occupied home that has a separate portion of that rented out.

00:36:41.880 --> 00:36:45.160
 I think that would clarify your...

00:36:45.160 --> 00:36:49.320
 Am I getting to what you were thinking there?

00:36:49.320 --> 00:36:51.280
 Okay.

00:36:51.280 --> 00:36:59.720
 Restrictions in so far as whether we could regulate that use separately if a person resides

00:36:59.720 --> 00:37:05.760
 in the city versus residing outside, and then part B, whether you can regulate it differently,

00:37:05.760 --> 00:37:09.880
 whether a person lives on premises or not.

00:37:09.880 --> 00:37:11.720
 Does that make sense?

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

00:37:15.640 --> 00:37:17.920
 to summarize.

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

00:37:22.360 --> 00:37:31.400
 the distinction between really LLC, me, Angie, you, Commissioner Pruitt, and likewise, whether

00:37:31.400 --> 00:37:32.920
 or not that is your primary...

00:37:32.920 --> 00:37:37.520
 Specifically, we cannot make the distinction that it be your primary residence, but that

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

00:37:42.600 --> 00:37:43.600
 great stuff.

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.

00:37:49.320 --> 00:37:51.360
 Do you want some background?

00:37:51.360 --> 00:37:54.120
 Sure, let's do it.

00:37:54.120 --> 00:37:55.120
 Okay.

00:37:55.120 --> 00:37:58.200
 Dr. Professor Hillary here.

00:37:58.200 --> 00:38:04.080
 So the Interstate Commerce Clause in the Constitution says Congress regulates commerce between the

00:38:04.080 --> 00:38:05.920
 states.

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

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,

00:38:20.000 --> 00:38:27.040
 that means that that regulation effectively prohibits persons from outside of that jurisdiction

00:38:27.040 --> 00:38:32.400
 from participating in the commerce activity of a short-term rental.

00:38:32.400 --> 00:38:39.300
 Therefore, that means we're discriminating against out-of-state participants, which is

00:38:39.300 --> 00:38:41.180
 a violation of the Constitution.

00:38:41.180 --> 00:38:46.380
 And so for that reason, we're not recommending...

00:38:46.380 --> 00:38:51.640
 We being legal is not recommending treating out-of-state versus in-state versus Denton

00:38:51.640 --> 00:38:54.320
 specifically any differing.

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...

00:39:00.120 --> 00:39:06.640
 Is it against that ruling or the Constitution, probably not the Constitution in this case,

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

00:39:11.720 --> 00:39:12.720
 out there?

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

00:39:17.840 --> 00:39:18.840
 designate or just differentiate?

00:39:18.840 --> 00:39:19.840
 Right.

00:39:19.840 --> 00:39:24.280
 So those kinds of rules have been the subject of recent litigation that is still ongoing.

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,

00:39:32.080 --> 00:39:38.920
 which as Angie has mentioned is a pretty small portion of our housing stock.

00:39:38.920 --> 00:39:44.720
 And that means that for our specific city interest of protecting residential neighborhoods,

00:39:44.720 --> 00:39:47.760
 we have a pretty good reason for that cap.

00:39:47.760 --> 00:39:55.380
 And our no cap on non-residential/commercial properties is effectively trying to encourage

00:39:55.380 --> 00:39:59.120
 a market-based solution to that problem.

00:39:59.120 --> 00:40:03.240
 Basically encouraging the persons who are doing this for a primary source of income

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

00:40:08.960 --> 00:40:16.320
 they are closer to colleges, closer to our tourism type areas, closer to logical places

00:40:16.320 --> 00:40:22.000
 for an STR occupant to go.

00:40:22.000 --> 00:40:29.200
 And so without giving privileged legal advice that we would need to go into closed about,

00:40:29.200 --> 00:40:34.920
 I think we've got the best available.

00:40:34.920 --> 00:40:38.920
 So basically with that differentiation of the cap only being in the residential zoning

00:40:38.920 --> 00:40:46.520
 districts and no cap in the non-residential districts, that we've kind of maybe fixed

00:40:46.520 --> 00:40:47.520
 that problem.

00:40:47.520 --> 00:40:48.520
 >> It's an indirect fix.

00:40:48.520 --> 00:40:49.520
 >> We'll have that.

00:40:49.520 --> 00:40:50.520
 >> It absolutely is an indirect fix.

00:40:50.520 --> 00:40:55.300
 But I think it -- I'm not the economist here.

00:40:55.300 --> 00:40:59.720
 I think Commissioner Pruitt is probably the closest to being an economist in here.

00:40:59.720 --> 00:41:08.320
 I think it is -- I meant that as a compliment, sir.

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

00:41:16.440 --> 00:41:19.320
 comfortable with them going.

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

00:41:26.800 --> 00:41:30.640
 trying to mitigate impacts in residential areas while still allowing a higher density

00:41:30.640 --> 00:41:33.720
 concentration in our non-residential areas.

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.

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

00:41:45.800 --> 00:41:47.560
 their short-term rental regulations.

00:41:47.560 --> 00:41:48.880
 But you'll find very similar.

00:41:48.880 --> 00:41:53.840
 There's a cap in residential areas, but no cap in their commercially zoned areas.

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

00:41:58.560 --> 00:42:03.780
 be almost a natural congregation around what their downtown is and other tourist hotspots

00:42:03.780 --> 00:42:07.640
 because that's where you find their mixed-use zonings and their higher density and their

00:42:07.640 --> 00:42:08.640
 commercial-based.

00:42:08.640 --> 00:42:12.920
 And so the idea would be that we see a similar effect here.

00:42:12.920 --> 00:42:13.920
 >> Okay.

00:42:13.920 --> 00:42:14.920
 Commissioner Villarreal.

00:42:14.920 --> 00:42:21.920
 >> Thank you, Chair.

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

00:42:27.800 --> 00:42:33.600
 the most recent cities and municipalities to institute changes to STR rules.

00:42:33.600 --> 00:42:39.880
 Have we considered putting a moratorium on new STRs while we get the new rules instituted

00:42:39.880 --> 00:42:44.840
 and while we collect information on existing STRs to allow staff enough time to collect

00:42:44.840 --> 00:42:50.440
 that information, considering we know that, you know, 90% of our STRs are not currently

00:42:50.440 --> 00:42:51.440
 registered?

00:42:51.440 --> 00:42:58.200
 >> I've talked relatively extensively with those who are, you know, tasked with reviewing

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

00:43:03.860 --> 00:43:10.320
 confident that we do not need that additional timeline.

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

00:43:15.200 --> 00:43:20.680
 we need that additional time to get everything in place.

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

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.

00:43:31.280 --> 00:43:35.840
 >> I would agree, and also, because keep in mind, we already allow short-term -- we already

00:43:35.840 --> 00:43:40.440
 allow short-term rentals in all of our residential zoning districts plus the MN district.

00:43:40.440 --> 00:43:48.160
 So in some of those other communities, their ordinances are -- do not address short-term

00:43:48.160 --> 00:43:50.880
 rentals, or they have not had ordinances in place.

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

00:43:53.720 --> 00:43:59.600
 even have a meeting this evening to address how they may -- what regulatory provisions

00:43:59.600 --> 00:44:02.160
 they may put in place moving forward.

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

00:44:06.200 --> 00:44:11.880
 allowing for short-term rentals, and so now we are making additional refinements to our

00:44:11.880 --> 00:44:15.880
 regulations to be able to ensure that we continue to protect the residential character of our

00:44:15.880 --> 00:44:22.080
 neighborhoods while also being able to balance that with all of the ever-changing legal environment

00:44:22.080 --> 00:44:26.680
 in which we've been having to evaluate this and operate under.

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

00:44:31.600 --> 00:44:36.320
 differently, you know, as Hillary pointed out, there was the court case, and I know

00:44:36.320 --> 00:44:37.440
 Angie's made reference to it.

00:44:37.440 --> 00:44:40.240
 We have already made that change to our ordinance.

00:44:40.240 --> 00:44:45.000
 If you recall, we broke our process into two phases.

00:44:45.000 --> 00:44:50.880
 Phase one, we purposely addressed the legal issue coming out of the court case, and then

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

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

00:45:00.640 --> 00:45:01.640
 end.

00:45:01.640 --> 00:45:02.640
 >> Commissioner Cole.

00:45:02.640 --> 00:45:04.680
 >> Thank you, Chair.

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.

00:45:12.520 --> 00:45:17.440
 Have you done -- what's the revenue that would come off of this to the city?

00:45:17.440 --> 00:45:20.720
 Do you have an estimate of that?

00:45:20.720 --> 00:45:23.440
 >> I do not off the top of my head.

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

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

00:45:33.920 --> 00:45:37.200
 the estimate I've heard of hot tax collection.

00:45:37.200 --> 00:45:43.000
 >> Other questions for Angie?

00:45:43.000 --> 00:45:48.560
 If we come up with others, we can talk about them.

00:45:48.560 --> 00:45:49.560
 Thank you for this.

00:45:49.560 --> 00:45:50.560
 >> Thanks so much.

00:45:50.560 --> 00:45:52.720
 >> Yeah, as you can see, this is a complicated topic.

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

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

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

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.

00:46:11.880 --> 00:46:12.880
 Go ahead.

00:46:12.880 --> 00:46:17.120
 >> So I know we've talked about one potential change to the ordinance.

00:46:17.120 --> 00:46:20.880
 Not knowing what to expect this evening in terms of our public engagement, we have done

00:46:20.880 --> 00:46:26.760
 -- I say we, Angie and Matt have extensively done a public engagement phase trying to get

00:46:26.760 --> 00:46:27.760
 the word out.

00:46:27.760 --> 00:46:28.760
 We've done a press release.

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

00:46:33.560 --> 00:46:37.680
 inform property owners and residents within our community that we're working on this.

00:46:37.680 --> 00:46:43.640
 If the commission feels that additional refinements are needed to be made, then we could always

00:46:43.640 --> 00:46:47.260
 continue the public hearing and make those changes.

00:46:47.260 --> 00:46:50.920
 With this one modification that we've discussed this evening, you know, if you're comfortable

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

00:46:56.120 --> 00:46:59.440
 us to be able to move forward with these ordinance amendments, you can always recommend approval

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

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

00:47:09.920 --> 00:47:12.160
 had suggested in our work session.

00:47:12.160 --> 00:47:13.160
 And she's raising her hand.

00:47:13.160 --> 00:47:14.160
 >> Sorry.

00:47:14.160 --> 00:47:24.240
 >> I need you to come to the podium if you're going to talk.

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

00:47:30.560 --> 00:47:32.680
 expiration correction that would need to be made.

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.

00:47:37.560 --> 00:47:38.560
 Sit down now.

00:47:38.560 --> 00:47:39.560
 >> Okay.

00:47:39.560 --> 00:47:40.560
 Great.

00:47:40.560 --> 00:47:41.560
 Okay.

00:47:41.560 --> 00:47:42.560
 Thank you.

00:47:42.560 --> 00:47:43.560
 >> So with Angie's side.

00:47:43.560 --> 00:47:44.560
 >> Very good.

00:47:44.560 --> 00:47:45.560
 Awesome.

00:47:45.560 --> 00:47:46.560
 >> Thank you.

00:47:46.560 --> 00:47:47.560
 >> Okay.

00:47:47.560 --> 00:47:48.560
 Thank you.

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

00:47:50.520 --> 00:47:52.680
 meeting topics.

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

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.

00:48:02.840 --> 00:48:07.880
 So let's go ahead and take a quick recess at 5.49 p.m.

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.

00:48:19.160 --> 00:48:20.840
 Thank you for allowing us that short recess.

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

00:48:26.120 --> 00:48:29.120
 3A PZ230.

00:48:29.120 --> 00:48:30.120
 Receive a report.

00:48:30.120 --> 00:48:33.920
 Hold a discussion regarding Denton's Simply Sustainable Framework.

00:48:33.920 --> 00:48:35.400
 Thank you for your patience with us.

00:48:35.400 --> 00:48:36.400
 Hi.

00:48:36.400 --> 00:48:37.400
 >> Of course.

00:48:37.400 --> 00:48:38.400
 Good evening.

00:48:38.400 --> 00:48:52.080
 I'm Sarah Barnett, sustainability manager for the City of Denton.

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

00:48:56.320 --> 00:48:57.320
 meeting on time.

00:48:57.320 --> 00:49:00.360
 We'll have time for questions.

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

00:49:04.240 --> 00:49:08.680
 that we have with other -- speak into it.

00:49:08.680 --> 00:49:09.680
 >> Speak into the microphone.

00:49:09.680 --> 00:49:10.680
 >> I'm sorry.

00:49:10.680 --> 00:49:12.880
 I'm used to the up in the air microphones.

00:49:12.880 --> 00:49:14.160
 >> That's okay.

00:49:14.160 --> 00:49:15.160
 They're recording.

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.

00:49:18.440 --> 00:49:19.440
 >> Okay.

00:49:19.440 --> 00:49:20.440
 Great.

00:49:20.440 --> 00:49:21.440
 Thank you.

00:49:21.440 --> 00:49:22.440
 >> Thank you.

00:49:22.440 --> 00:49:26.760
 >> So the land use sections and then transportation, energy, water and waste are the framework

00:49:26.760 --> 00:49:33.400
 focus areas that we feel most aligned with land use and planning and development.

00:49:33.400 --> 00:49:40.040
 The simply sustainable framework was developed in 2012 and updated in 2020 is when that adoption

00:49:40.040 --> 00:49:41.040
 occurred.

00:49:41.040 --> 00:49:46.380
 It was actually a '18-'19 document that wasn't adopted until 2020.

00:49:46.380 --> 00:49:49.620
 So we're working with information that's more than five years old.

00:49:49.620 --> 00:49:55.560
 So we're going through another update right now.

00:49:55.560 --> 00:50:04.640
 So the land use section of the framework, we have encourage, preserve, minimize, encourage,

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

00:50:10.120 --> 00:50:14.220
 to be more sustainable just across the whole city.

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

00:50:19.120 --> 00:50:22.880
 plan goals.

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

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

00:50:34.480 --> 00:50:38.700
 of a look at what those look like as you cross the 2040 plan.

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

00:50:44.820 --> 00:50:46.120
 the sustainability framework.

00:50:46.120 --> 00:50:52.120
 So you see how the other plans kind of feed in to the sustainability goals.

00:50:52.120 --> 00:50:54.520
 And then this plan was adopted in March of 2022.

00:50:54.520 --> 00:51:01.200
 So we do need to work to incorporate that in our framework update.

00:51:01.200 --> 00:51:05.120
 Similar to the parks and recreation and trail system master plan, a lot of these objectives

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

00:51:11.480 --> 00:51:18.920
 walk, to have the trail connections, the off street and create those safety standards for

00:51:18.920 --> 00:51:25.320
 mobility.

00:51:25.320 --> 00:51:29.520
 When we get into the transportation, water and energy sectors, again, we're trying to

00:51:29.520 --> 00:51:31.800
 reduce the environmental impacts.

00:51:31.800 --> 00:51:34.500
 We want to have that green infrastructure.

00:51:34.500 --> 00:51:39.480
 We want to encourage the reductions in per capita usage, whether it's energy, water,

00:51:39.480 --> 00:51:43.120
 reducing your waste so that we're saving landfill space.

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

00:51:47.960 --> 00:51:49.340
 building standards.

00:51:49.340 --> 00:51:54.040
 We have been ahead of schedule on adoption of those standards compared to most cities

00:51:54.040 --> 00:51:55.320
 in the state.

00:51:55.320 --> 00:52:00.080
 So that's a real bonus for us.

00:52:00.080 --> 00:52:05.040
 So when you look at the mobility plan, which includes the bike plan, the pedestrian plan,

00:52:05.040 --> 00:52:09.120
 the renewable resource plan, which is underway right now through Denton Municipal Electric,

00:52:09.120 --> 00:52:11.120
 they're updating that plan.

00:52:11.120 --> 00:52:14.480
 Water and wastewater master plans are being updated.

00:52:14.480 --> 00:52:18.080
 The water conservation and drought contingency plan is being updated.

00:52:18.080 --> 00:52:22.240
 And then we have the comprehensive solid waste management strategy, which doesn't give us

00:52:22.240 --> 00:52:27.000
 the clear objectives that we could pull out from the mobility plan to show you exactly

00:52:27.000 --> 00:52:29.000
 what that looks like here.

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

00:52:33.200 --> 00:52:38.120
 fit with sustainability.

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

00:52:41.720 --> 00:52:43.440
 works together.

00:52:43.440 --> 00:52:47.160
 And then this, again, it works through all of our sustainability education and all of

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.

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

00:52:56.880 --> 00:52:57.880
 ongoing.

00:52:57.880 --> 00:53:04.720
 So that's something we still have the opportunity to build out through this update.

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

00:53:09.920 --> 00:53:11.480
 Sustainable Framework.

00:53:11.480 --> 00:53:16.320
 If you're not familiar with the committee, it's an appointed board, and their charge

00:53:16.320 --> 00:53:21.560
 is to advise council on implementing the sustainability framework.

00:53:21.560 --> 00:53:26.160
 And then we'll work to incorporate all of the newly adopted programs and goals with

00:53:26.160 --> 00:53:27.880
 our sustainability efforts.

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

00:53:33.200 --> 00:53:35.800
 to jump off into questions.

00:53:35.800 --> 00:53:41.800
 Questions as people are eating?

00:53:41.800 --> 00:53:46.200
 If anybody's done chewing.

00:53:46.200 --> 00:53:49.440
 Commissioner Perot.

00:53:49.440 --> 00:53:50.440
 Thank you.

00:53:50.440 --> 00:53:56.600
 First, a general one, and then a specific one, just because we flew by it.

00:53:56.600 --> 00:54:01.120
 And it's a term that I barely think I might know what it understand means.

00:54:01.120 --> 00:54:03.520
 I can't talk this evening.

00:54:03.520 --> 00:54:14.600
 So first, general, has the sustainable -- the framework committee -- what's the term?

00:54:14.600 --> 00:54:16.640
 The Sustainability Framework Advisory Committee.

00:54:16.640 --> 00:54:17.640
 Advisory Committee.

00:54:17.640 --> 00:54:18.640
 Thank you.

00:54:18.640 --> 00:54:30.760
 Has that committee broached issues of land use and how -- I understand the medium, shorter,

00:54:30.760 --> 00:54:34.120
 long-term goals of actions that we're going to take.

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

00:54:43.680 --> 00:54:45.480
 sure that we're consistent with that?

00:54:45.480 --> 00:54:47.600
 Does that make sense?

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?

00:54:52.120 --> 00:54:56.460
 Or is that something that is in the future?

00:54:56.460 --> 00:55:02.640
 Not on the specific land usage yet.

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.

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

00:55:17.160 --> 00:55:18.160
 --

00:55:18.160 --> 00:55:19.160
 Sure.

00:55:19.160 --> 00:55:20.160
 Understood.

00:55:20.160 --> 00:55:21.160
 -- or the zoning or anything along those lines.

00:55:21.160 --> 00:55:22.160
 Okay.

00:55:22.160 --> 00:55:25.440
 Now my fun question that hopefully will get some other people with questions thinking.

00:55:25.440 --> 00:55:31.280
 If you could go back, I think, three slides?

00:55:31.280 --> 00:55:33.720
 There.

00:55:33.720 --> 00:55:36.080
 Transportation demand management.

00:55:36.080 --> 00:55:42.600
 Can you explain kind of what that is and how that fits into this?

00:55:42.600 --> 00:55:44.600
 This is straight from the mobility plan.

00:55:44.600 --> 00:55:45.600
 Okay.

00:55:45.600 --> 00:55:46.600
 Oh, sorry.

00:55:46.600 --> 00:55:53.600
 But I do definitely understand the strategies to reduce dependence on single occupancy vehicles.

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

00:55:59.940 --> 00:56:04.840
 it's walkability, whether it's bikeability, creating mixed use developments where you

00:56:04.840 --> 00:56:08.760
 don't have to get in your car to go do something.

00:56:08.760 --> 00:56:10.000
 Okay.

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

00:56:23.420 --> 00:56:32.320
 so that we start to reduce or increase VMT vehicle miles traveled as we go forward.

00:56:32.320 --> 00:56:34.440
 Is that kind of the idea?

00:56:34.440 --> 00:56:35.440
 Yes.

00:56:35.440 --> 00:56:36.440
 From the sustainability side.

00:56:36.440 --> 00:56:37.440
 Okay.

00:56:37.440 --> 00:56:38.440
 Definitely we're looking at VMT reduction.

00:56:38.440 --> 00:56:39.440
 Okay.

00:56:39.440 --> 00:56:40.440
 Thank you.

00:56:40.440 --> 00:56:43.440
 Oh, go ahead.

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

00:56:49.200 --> 00:56:55.560
 management is really a set of defined strategies aimed at maximizing travelers' choices.

00:56:55.560 --> 00:56:59.800
 So allowing people to have a variety of options.

00:56:59.800 --> 00:57:05.020
 So Catherine mentioned looking at other modes such as bicycle transportation.

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

00:57:10.360 --> 00:57:15.380
 plan is making sure that we are looking at context-sensitive design, that we're looking

00:57:15.380 --> 00:57:20.760
 at implementing a variety of transportation mode options.

00:57:20.760 --> 00:57:26.000
 Our mobility plan, if you recall, was heavy on not only addressing vehicle, but also the

00:57:26.000 --> 00:57:33.920
 pedestrian component and the bicycle component.

00:57:33.920 --> 00:57:35.280
 Other questions for Catherine?

00:57:35.280 --> 00:57:38.360
 Catherine, does this committee meet on the regular?

00:57:38.360 --> 00:57:41.680
 I know it's been established for like, what, three years now or something like that?

00:57:41.680 --> 00:57:44.000
 Two, two and a half years, I think.

00:57:44.000 --> 00:57:51.320
 We meet on the fourth Friday in this room, and it's televised.

00:57:51.320 --> 00:57:52.320
 Fourth Friday at one p.m.

00:57:52.320 --> 00:57:55.720
 Has it been the same group the whole time?

00:57:55.720 --> 00:57:57.760
 We have had a few changes.

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.

00:58:02.760 --> 00:58:07.200
 Yeah, because that's just, obviously you're working through a lot of ongoing issues.

00:58:07.200 --> 00:58:08.200
 Absolutely.

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?

00:58:13.880 --> 00:58:14.880
 Yes.

00:58:14.880 --> 00:58:15.880
 Okay.

00:58:15.880 --> 00:58:18.560
 Other questions for Catherine?

00:58:18.560 --> 00:58:19.560
 Okay.

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

00:58:26.840 --> 00:58:29.320
 of have this emailed out to us, just.

00:58:29.320 --> 00:58:30.880
 Yeah, I'll get it to you.

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

00:58:34.880 --> 00:58:35.880
 and just kind of-

00:58:35.880 --> 00:58:36.880
 If you have any questions, reach out.

00:58:36.880 --> 00:58:37.880
 Know what the focus is on the committee.

00:58:37.880 --> 00:58:38.880
 We can follow up.

00:58:38.880 --> 00:58:39.880
 Yeah.

00:58:39.880 --> 00:58:40.880
 Yeah, that'd be great.

00:58:40.880 --> 00:58:41.880
 Yeah, absolutely.

00:58:41.880 --> 00:58:42.880
 Appreciate you being here.

00:58:42.880 --> 00:58:43.880
 Yes.

00:58:43.880 --> 00:58:44.880
 Okay.

00:58:44.880 --> 00:58:45.880
 All right.

00:58:45.880 --> 00:58:46.880
 Thanks.

00:58:46.880 --> 00:58:47.880
 Thank you very much.

00:58:47.880 --> 00:58:48.880
 Okay.

00:58:48.880 --> 00:58:49.880
 With that, that concludes our work session.

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.

00:59:07.320 --> 00:59:10.280
 Good evening and welcome to the City of Denton's Planning and Zoning Commission meeting for

00:59:10.280 --> 00:59:14.040
 Wednesday, February 28th, 2024.

00:59:14.040 --> 00:59:17.800
 With the quorum present, I will call us to order at 633 PM.

00:59:17.800 --> 00:59:22.240
 I'll let the record show that Commissioner Smith is absent this evening.

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.

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

00:59:33.640 --> 00:59:41.760
 which it stands, one nation, under God, indivisible, with liberty and justice for all.

00:59:41.760 --> 00:59:43.400
 Honor the Texas flag.

00:59:43.400 --> 00:59:53.000
 I pledge allegiance to thee, Texas, one state, under God, one and indivisible.

00:59:53.000 --> 00:59:54.000
 Thank you.

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

00:59:58.920 --> 01:00:03.640
 20th, I'm sorry, February 14th and February 21st.

01:00:03.640 --> 01:00:04.640
 Commissioner Villarreal.

01:00:04.640 --> 01:00:05.640
 Move approval.

01:00:05.640 --> 01:00:06.640
 Commissioner Pruitt.

01:00:06.640 --> 01:00:07.640
 Second.

01:00:07.640 --> 01:00:09.320
 First and a second for approval.

01:00:09.320 --> 01:00:11.320
 Any discussion?

01:00:11.320 --> 01:00:28.420
 Let's go ahead and vote, please.

01:00:28.420 --> 01:00:30.360
 That motion carries five zero.

01:00:30.360 --> 01:00:36.000
 That will take us to our consent agenda this evening.

01:00:36.000 --> 01:00:38.720
 Look for discussion or motion.

01:00:38.720 --> 01:00:39.720
 Commissioner Villarreal.

01:00:39.720 --> 01:00:44.560
 Move approval.

01:00:44.560 --> 01:00:45.560
 Commissioner Pruitt.

01:00:45.560 --> 01:00:46.560
 Second.

01:00:46.560 --> 01:00:51.720
 I've got a first and a second for approval of the consent agenda discussion.

01:00:51.720 --> 01:01:04.560
 Next vote, please.

01:01:04.560 --> 01:01:07.140
 That motion carries five zero.

01:01:07.140 --> 01:01:09.320
 That will take us to our items for individual consideration.

01:01:09.320 --> 01:01:14.640
 Our first is 4A FP 240006.

01:01:14.640 --> 01:01:16.360
 Angie is here for presentation.

01:01:16.360 --> 01:01:17.360
 Hello.

01:01:17.360 --> 01:01:21.000
 Hey, good evening, Chair, members of the commission.

01:01:21.000 --> 01:01:24.600
 I'm Angie Manglaris, development review manager.

01:01:24.600 --> 01:01:29.640
 This is a final plat FP 240006 for JPI Bonnie Bray.

01:01:29.640 --> 01:01:35.440
 This is a final plat for approximately 31 acres for the development of a future multifamily

01:01:35.440 --> 01:01:36.440
 development.

01:01:36.440 --> 01:01:39.720
 The subject property is zoned MN.

01:01:39.720 --> 01:01:44.360
 It is located off of Bonnie Bray Road, just south of Bronco Way.

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

01:01:48.400 --> 01:01:49.400
 denial.

01:01:49.400 --> 01:01:52.560
 However, we have no objection to the request of extension, which could be granted to a

01:01:52.560 --> 01:01:55.360
 date of March 20th, 2024.

01:01:55.360 --> 01:01:58.560
 And this is their first extension request, and I'm happy to answer any questions you

01:01:58.560 --> 01:01:59.560
 may have.

01:01:59.560 --> 01:02:00.680
 Thank you very much, Angie.

01:02:00.680 --> 01:02:02.160
 Any questions for Angie?

01:02:02.160 --> 01:02:04.240
 You're not seeing.

01:02:04.240 --> 01:02:05.240
 Thank you.

01:02:05.240 --> 01:02:06.240
 Commissioner Villarreal.

01:02:06.240 --> 01:02:10.160
 I move approval of the extension request to a date certain of March 20th, 2024.

01:02:10.160 --> 01:02:11.160
 Great.

01:02:11.160 --> 01:02:12.160
 Commissioner Cole.

01:02:12.160 --> 01:02:13.160
 Second.

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

01:02:15.880 --> 01:02:21.360
 of March 20th, 2024 discussion.

01:02:21.360 --> 01:02:32.040
 Let's go ahead and vote, please.

01:02:32.040 --> 01:02:33.520
 That motion carries 5-0.

01:02:33.520 --> 01:02:38.840
 That will take us to 4B, FP 240005.

01:02:38.840 --> 01:02:41.360
 And Matt is here for a presentation of this item.

01:02:41.360 --> 01:02:44.360
 Good evening.

01:02:44.360 --> 01:02:49.320
 Good evening, Commission, Matt Bourdine, Assistant Planner.

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.

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

01:03:02.680 --> 01:03:05.600
 ETJ Division 1.

01:03:05.600 --> 01:03:10.840
 This plot is for a single-family property wishing to put a cell tower on it.

01:03:10.840 --> 01:03:15.360
 At this time, staff recommends denial because it does not meet the established criteria

01:03:15.360 --> 01:03:16.360
 for approval.

01:03:16.360 --> 01:03:21.200
 However, we have no objection to the requested extension to March 20th.

01:03:21.200 --> 01:03:22.200
 Great.

01:03:22.200 --> 01:03:23.600
 Thank you, Matt.

01:03:23.600 --> 01:03:24.960
 Appreciate it.

01:03:24.960 --> 01:03:25.960
 Commissioner Villarreal.

01:03:25.960 --> 01:03:30.120
 I move approval of the extension request to a date certain of March 20th, 2024.

01:03:30.120 --> 01:03:31.120
 Commissioner Perot.

01:03:31.120 --> 01:03:32.120
 Second.

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

01:03:36.120 --> 01:03:41.480
 20th, 2024, discussion.

01:03:41.480 --> 01:03:50.620
 Let's vote, please.

01:03:50.620 --> 01:03:52.720
 That motion carries 5-0.

01:03:52.720 --> 01:03:55.780
 That'll take us to our public hearings for this evening.

01:03:55.780 --> 01:04:00.720
 First is 5A DCA 240002.

01:04:00.720 --> 01:04:06.320
 I will go ahead and open the public hearing and mention that staff has requested that

01:04:06.320 --> 01:04:09.880
 this item be postponed until March 20th.

01:04:09.880 --> 01:04:15.120
 Chair can entertain a motion or discussion.

01:04:15.120 --> 01:04:16.120
 Commissioner Villarreal.

01:04:16.120 --> 01:04:22.800
 I move approval of the extension request to the postponement to the date certain of March

01:04:22.800 --> 01:04:23.800
 20th, 2024.

01:04:23.800 --> 01:04:24.800
 Very good.

01:04:24.800 --> 01:04:25.800
 Commissioner Cole.

01:04:25.800 --> 01:04:26.800
 Second.

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,

01:04:32.360 --> 01:04:36.000
 2024, leaving the public hearing open.

01:04:36.000 --> 01:04:37.000
 Discussion?

01:04:37.000 --> 01:04:38.000
 Okay.

01:04:38.000 --> 01:04:47.920
 Let's go ahead and vote, please.

01:04:47.920 --> 01:04:50.200
 That motion carries 5-0.

01:04:50.200 --> 01:04:55.240
 That'll take us to 5BZ230014.

01:04:55.240 --> 01:04:59.040
 I will go ahead and open the public hearing, and Ashley's here for presentation.

01:04:59.040 --> 01:05:00.040
 Hi.

01:05:00.040 --> 01:05:01.040
 Good evening.

01:05:01.040 --> 01:05:06.800
 Ashley, EXTED Assistant Planner.

01:05:06.800 --> 01:05:08.640
 This is Z2314.

01:05:08.640 --> 01:05:12.840
 This is a zoning change request for RDO equipment.

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

01:05:17.280 --> 01:05:19.740
 13.4 acres.

01:05:19.740 --> 01:05:23.720
 This site is located on the south side of 380, west of Mosh Branch Road.

01:05:23.720 --> 01:05:28.000
 It is currently undeveloped and it's surrounded primarily by other undeveloped property and

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

01:05:32.880 --> 01:05:37.320
 sales and rental use does require a specific use permit in light industrial, and that application

01:05:37.320 --> 01:05:43.320
 will be following after this one on a different date.

01:05:43.320 --> 01:05:46.360
 This site is consistent with the future land use map.

01:05:46.360 --> 01:05:51.080
 The future land use map designates this as light industrial and industrial commerce.

01:05:51.080 --> 01:05:55.280
 Light industrial designation is intended for tracts of lands that are appropriate for light

01:05:55.280 --> 01:06:00.840
 industrial activity, warehousing, associated supporting uses, and retail.

01:06:00.840 --> 01:06:04.160
 Industrial commerce applies to areas where the predominant uses are both heavy and light

01:06:04.160 --> 01:06:06.320
 industrial uses.

01:06:06.320 --> 01:06:11.160
 It does also comply with the intent of LI zoning, which is primarily to provide locations

01:06:11.160 --> 01:06:16.080
 for a variety of light industrial and employment uses, warehousing, and a wide range of supporting

01:06:16.080 --> 01:06:19.560
 commercial uses and activities.

01:06:19.560 --> 01:06:22.820
 It does also meet the criteria for approval of the Denton Development Code.

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

01:06:26.560 --> 01:06:31.860
 2040 Comprehensive Plan, and it's also consistent with the LI zoning district purpose statement.

01:06:31.860 --> 01:06:36.640
 This rezoning is not expected to generate significant adverse environmental infrastructure or fiscal

01:06:36.640 --> 01:06:39.400
 impacts.

01:06:39.400 --> 01:06:40.400
 Notifications were sent out.

01:06:40.400 --> 01:06:44.360
 The notifications were posted in the newspaper in the city's website.

01:06:44.360 --> 01:06:47.280
 They were also posted on the property on January 11th.

01:06:47.280 --> 01:06:51.520
 We sent out notices to everyone within 500 feet, and we did not receive any responses

01:06:51.520 --> 01:06:53.720
 in opposition or in favor.

01:06:53.720 --> 01:06:58.640
 The applicant also sent out neighborhood meeting invitations and did not receive any RSVPs,

01:06:58.640 --> 01:07:02.540
 so the meeting was not held.

01:07:02.540 --> 01:07:04.500
 Staff does recommend approval of the zoning changes.

01:07:04.500 --> 01:07:07.960
 It complies with the criteria for approval of the Denton Development Code and happy to

01:07:07.960 --> 01:07:08.960
 answer any questions.

01:07:08.960 --> 01:07:11.120
 Thank you very much, Ashley.

01:07:11.120 --> 01:07:13.280
 Any questions at this time for Ashley?

01:07:13.280 --> 01:07:14.600
 Okay.

01:07:14.600 --> 01:07:19.000
 I do have one card here, and it is the applicant.

01:07:19.000 --> 01:07:22.440
 I'll allow Amy Bissett to come forward and speak.

01:07:22.440 --> 01:07:23.440
 Hi.

01:07:23.440 --> 01:07:24.440
 Good evening, commissioners.

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

01:07:28.560 --> 01:07:29.560
 see them.

01:07:29.560 --> 01:07:32.840
 So I'll just be happy to answer any questions that you have.

01:07:32.840 --> 01:07:35.940
 Any questions for Amy?

01:07:35.940 --> 01:07:36.940
 Thank you.

01:07:36.940 --> 01:07:37.940
 Thank you.

01:07:37.940 --> 01:07:38.940
 Thank you for being here.

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.

01:07:41.800 --> 01:07:45.160
 Is there anyone else wishing to speak on this item?

01:07:45.160 --> 01:07:47.160
 Okay.

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

01:07:51.460 --> 01:07:52.640
 or a motion.

01:07:52.640 --> 01:07:53.640
 Commissioner Cole.

01:07:53.640 --> 01:07:54.640
 I make a motion to approve.

01:07:54.640 --> 01:07:55.640
 Okay.

01:07:55.640 --> 01:07:56.640
 Commissioner Fager.

01:07:56.640 --> 01:07:57.640
 Second.

01:07:57.640 --> 01:07:58.640
 Okay.

01:07:58.640 --> 01:07:59.640
 We've got a first and a second for approval.

01:07:59.640 --> 01:08:00.640
 Any discussion?

01:08:00.640 --> 01:08:01.640
 Okay.

01:08:01.640 --> 01:08:09.640
 Let's go ahead and vote on the board, please.

01:08:09.640 --> 01:08:16.200
 The motion will carry 5-0.

01:08:16.200 --> 01:08:19.440
 That will take us to our final public hearing item this evening.

01:08:19.440 --> 01:08:24.600
 That's 5C, DCA 230002.

01:08:24.600 --> 01:08:32.480
 I will go ahead and open the public hearing, and Angie is here for presentation.

01:08:32.480 --> 01:08:37.520
 Thank you, Chair, members of the commission, Angie Manglaris, Development Review Manager.

01:08:37.520 --> 01:08:40.640
 This is DCA 230002.

01:08:40.640 --> 01:08:44.940
 This is short-term rental regulations and the associated code amendments that go along

01:08:44.940 --> 01:08:48.600
 with that land use.

01:08:48.600 --> 01:08:50.040
 Give you a little bit of background.

01:08:50.040 --> 01:08:53.820
 This topic has been in discussion with city staff as well as the Development Code Review

01:08:53.820 --> 01:08:56.320
 Committee for approximately the last year.

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

01:09:01.400 --> 01:09:05.000
 approve the standards that we have in our code today.

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

01:09:08.280 --> 01:09:12.240
 into a little bit more detail on the background and the proposed amendments.

01:09:12.240 --> 01:09:15.240
 Short-term rentals are currently in allowed use in the DDC.

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.

01:09:21.080 --> 01:09:25.480
 There are associated use-specific standards that come along with this use.

01:09:25.480 --> 01:09:33.440
 That includes registration requirements, providing a 24-hour contact, requiring that when you

01:09:33.440 --> 01:09:39.000
 do register with the city, we currently have approximately 27 registered short-term rentals

01:09:39.000 --> 01:09:42.680
 in the city out of an estimated 250.

01:09:42.680 --> 01:09:46.840
 Short-term rental is currently defined in the DDC as the rental of an entire dwelling

01:09:46.840 --> 01:09:53.400
 unit for monetary consideration for a period of time less than 30 consecutive days.

01:09:53.400 --> 01:09:58.960
 This definition is separate and independent of our definitions for bed and breakfasts,

01:09:58.960 --> 01:10:01.880
 boarding houses, rooming house and hotels.

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

01:10:06.160 --> 01:10:10.600
 defined as, as some of the requirements that they're subject to.

01:10:10.600 --> 01:10:13.520
 So some background on these code amendments.

01:10:13.520 --> 01:10:18.040
 The beginning of 2023, staff began reviewing the standards in the debt and development

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

01:10:22.400 --> 01:10:27.920
 Circuit Court, which held that requiring short-term applicants to demonstrate that a short-term

01:10:27.920 --> 01:10:33.200
 rental dwelling unit was their primary residential unit was unconstitutional.

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

01:10:39.280 --> 01:10:40.600
 be legally challenged.

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,

01:10:45.000 --> 01:10:49.400
 which was to remove this requirement from the code.

01:10:49.400 --> 01:10:53.160
 During this time and as those discussions were ongoing, city staff was reviewing our

01:10:53.160 --> 01:10:58.200
 short-term rental requirements against other recent legislation that had been in discussions

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

01:11:03.360 --> 01:11:05.720
 were regulating them.

01:11:05.720 --> 01:11:09.760
 As we're reviewing additional legislative issues came to light and helped inform the

01:11:09.760 --> 01:11:14.160
 decisions that staff was making and communicating to the DCRC.

01:11:14.160 --> 01:11:19.160
 So throughout the spring of 2023, the DCRC and city staff discussed short-term rentals

01:11:19.160 --> 01:11:24.200
 and identified several areas that could use improvement or clarification in our code.

01:11:24.200 --> 01:11:27.400
 One of those has already been addressed as we discussed and that was removing the primary

01:11:27.400 --> 01:11:30.040
 residency requirement from the code.

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

01:11:35.200 --> 01:11:40.000
 our definitions for local emergency contact, providing clarification as what could be or

01:11:40.000 --> 01:11:46.360
 what does classify as a short-term rental, refining our notification requirements, what's

01:11:46.360 --> 01:11:51.440
 included in those who's notified when a short-term rental property does register, revising our

01:11:51.440 --> 01:11:56.920
 advertisement requirements for short-term rentals, providing additional clarification

01:11:56.920 --> 01:12:01.080
 to our enforcement and revocation processes for short-term rentals.

01:12:01.080 --> 01:12:04.760
 And we also began to discuss consideration of maximum densities and exploring what those

01:12:04.760 --> 01:12:05.880
 topics may look like.

01:12:05.880 --> 01:12:09.280
 And so those were some of the topics that the DCRC city staff discussed through the

01:12:09.280 --> 01:12:16.720
 spring of 2023 prior to bringing that to public hearing for consideration.

01:12:16.720 --> 01:12:21.360
 Staff determined it was necessary to prepare a public engagement plan to solicit resident

01:12:21.360 --> 01:12:26.100
 input related to those proposed STR regulations.

01:12:26.100 --> 01:12:31.920
 So in the summer, staff held two town hall meetings and conducted an online survey related

01:12:31.920 --> 01:12:35.720
 to short-term rentals and the proposed amendments that we were considering.

01:12:35.720 --> 01:12:41.200
 As far as the online survey goes, a total of 224 individuals did participate in the

01:12:41.200 --> 01:12:42.640
 20-question survey.

01:12:42.640 --> 01:12:47.880
 The survey covered general questions related to STR sentiment as well as more specific questions

01:12:47.880 --> 01:12:53.560
 about preferences in STRs as they relate to regulations in the city of Denton.

01:12:53.560 --> 01:12:58.000
 The results from the survey reflected a general desire to maintain the integrity of single

01:12:58.000 --> 01:13:01.920
 family areas within the city of Denton while still allowing for short-term rentals in some

01:13:01.920 --> 01:13:04.880
 of our higher density areas within the city.

01:13:04.880 --> 01:13:09.600
 At this point, city staff and the DCRC began exploring different density thresholds for

01:13:09.600 --> 01:13:14.400
 short-term rentals in residential areas while still trying to find a balance where a higher

01:13:14.400 --> 01:13:18.600
 density of those uses could be allowed in different areas of the city.

01:13:18.600 --> 01:13:25.980
 So throughout the fall of 2023, the DCRC and city staff explored various options for density

01:13:25.980 --> 01:13:30.840
 and distance separation requirements to adequately address the concerns that were seen throughout

01:13:30.840 --> 01:13:33.960
 the short-term rental preference survey.

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

01:13:37.640 --> 01:13:41.600
 evening and I'm going to walk through the amendments.

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

01:13:46.680 --> 01:13:51.000
 of those and talk through some of those amendments that are being proposed.

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

01:13:55.840 --> 01:14:00.720
 is that in every zoning district where a residential use is allowed, allowing short-term rentals

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

01:14:06.240 --> 01:14:10.760
 rentals are permitted in all of our residential zoning districts, plus the MN district.

01:14:10.760 --> 01:14:16.440
 This would expand those opportunities, allowing short-term rentals in the MD district, MR

01:14:16.440 --> 01:14:20.960
 district, SC, HC, and general office districts.

01:14:20.960 --> 01:14:28.040
 In addition, modifying the maximum persons section in the use specific standards, maximum

01:14:28.040 --> 01:14:34.200
 persons occupying a dwelling unit to incorporate short-term rentals within that overall exempt

01:14:34.200 --> 01:14:35.200
 land use.

01:14:35.200 --> 01:14:39.640
 So that is the change that you see in that subsection.

01:14:39.640 --> 01:14:44.840
 As it relates to the specific section where the short-term rental use specific standards

01:14:44.840 --> 01:14:50.300
 are found, there are changes made throughout really all of that subsection of our ordinance,

01:14:50.300 --> 01:14:55.080
 but some of the major ones are refining our registration requirements, clarifying that

01:14:55.080 --> 01:14:59.840
 a bedroom or a unit may be listed as a short-term rental.

01:14:59.840 --> 01:15:04.040
 If you'll recall when we talked about the definition earlier, the code currently calls

01:15:04.040 --> 01:15:08.000
 out today that the entire dwelling unit be considered a short-term rental.

01:15:08.000 --> 01:15:15.120
 This would expand options to include an individual bedroom, and also refines the information

01:15:15.120 --> 01:15:19.060
 that we require to be provided at the time of registration, including management companies

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

01:15:24.080 --> 01:15:27.740
 more succinct and easy to understand.

01:15:27.740 --> 01:15:31.480
 In addition to the use specific standards, that is not currently in the code today that

01:15:31.480 --> 01:15:35.880
 I'm going to talk through a little bit, is the proposed permitting cap.

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

01:15:40.240 --> 01:15:44.440
 concerns that came out of the short-term rental preference survey.

01:15:44.440 --> 01:15:48.040
 The permitting cap is kind of divided into two categories.

01:15:48.040 --> 01:15:54.200
 One is registrations or permits in residentially zoned districts.

01:15:54.200 --> 01:15:59.920
 In residentially zoned districts, that's RR through R7, the proposal is a 1,000 permit

01:15:59.920 --> 01:16:01.480
 limit.

01:16:01.480 --> 01:16:07.920
 This applies to only short-term rentals within our residentially zoned areas.

01:16:07.920 --> 01:16:12.140
 Applications shall be processed in the order that they're received, and should the number

01:16:12.140 --> 01:16:17.680
 reach 1,000, those will stop being processed for that calendar year.

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

01:16:25.000 --> 01:16:33.000
 separation of 100 feet parcel line to parcel line for existing short-term rentals.

01:16:33.000 --> 01:16:37.800
 A note about multifamily developments within residentially zoned districts, because that

01:16:37.800 --> 01:16:41.440
 is possible with the R7 zoning.

01:16:41.440 --> 01:16:45.640
 Those registrations do count towards the total 1,000 permit cap.

01:16:45.640 --> 01:16:51.560
 In addition, those developments are also held to the maximum of two registered short-term

01:16:51.560 --> 01:16:54.120
 rentals per parcel.

01:16:54.120 --> 01:16:58.280
 They're subject to all of the requirements within the residentially zoned districts,

01:16:58.280 --> 01:17:03.240
 because that is the district they ultimately fall in, which is slightly different than

01:17:03.240 --> 01:17:07.800
 when we talk about our non-residential districts and permitting in there.

01:17:07.800 --> 01:17:12.600
 When we talk about short-term rental permits in our non-residential zoning districts, those

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

01:17:18.000 --> 01:17:19.240
 separation rule.

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

01:17:24.200 --> 01:17:27.360
 development that may be in the MN district.

01:17:27.360 --> 01:17:33.700
 For those multifamily developments that we have within our non-residential zoning districts,

01:17:33.700 --> 01:17:39.240
 the limitation is a maximum of 10% of all units may be listed for those developments

01:17:39.240 --> 01:17:41.240
 as a short-term rental.

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

01:17:47.080 --> 01:17:51.240
 them the same allowance that those in the residential zoning districts do have, however,

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

01:17:55.240 --> 01:17:59.840
 as short-term rentals.

01:17:59.840 --> 01:18:05.560
 Moving on, further refinements were made to what is required to be provided in written

01:18:05.560 --> 01:18:10.760
 briefings and safety features to those who are staying within short-term rentals, how

01:18:10.760 --> 01:18:15.280
 to get in touch with the local emergency contact, as well as making some slight adjustments

01:18:15.280 --> 01:18:21.320
 to the notification requirements of approval of short-term registration, clarifying when

01:18:21.320 --> 01:18:26.800
 that notification of registration should occur, as well as what information needs to be included

01:18:26.800 --> 01:18:30.960
 in that notification.

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

01:18:36.760 --> 01:18:42.440
 6, the revocation term fees and registration term fees and revocation.

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

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

01:18:52.120 --> 01:18:56.880
 after receiving three notices of violation for a property maintenance code or the debt

01:18:56.880 --> 01:19:01.600
 and development code, a short-term rental permit may be revoked.

01:19:01.600 --> 01:19:06.600
 It also specifies the processes for which somebody could appeal that decision should

01:19:06.600 --> 01:19:09.360
 they wish to.

01:19:09.360 --> 01:19:15.080
 In addition, subsection 7, right to inspect premises, some language cleanup was done there

01:19:15.080 --> 01:19:21.160
 to specify the circumstances under when a short-term rental inspection may occur.

01:19:21.160 --> 01:19:27.120
 Finally, there are some other areas in the code that do address our short-term rentals

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

01:19:32.720 --> 01:19:35.120
 parking requirements.

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

01:19:39.940 --> 01:19:47.480
 more, and so the language has been refined to state that the short-term rental parking

01:19:47.480 --> 01:19:51.480
 shall specify the maximum number of vehicles that are allowed on-premise for a short-term

01:19:51.480 --> 01:19:55.760
 rental shall be limited to what is provided off-street.

01:19:55.760 --> 01:20:00.840
 So you're not allowed to advertise more parking than you have on your site.

01:20:00.840 --> 01:20:06.560
 In addition, the definitions that relate to short-term rentals have been revised.

01:20:06.560 --> 01:20:12.000
 Short-term rental, this definition has been modified to incorporate the bedroom as an

01:20:12.000 --> 01:20:17.700
 allowable listing unit, as well as the entire dwelling unit, and further refines the timeline

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

01:20:23.400 --> 01:20:24.680
 days.

01:20:24.680 --> 01:20:29.480
 And then the local emergency contact, that definition was refined to be a little more

01:20:29.480 --> 01:20:35.240
 consolidated and concise to better communicate that that person needs to be available 24

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

01:20:38.600 --> 01:20:41.000
 one.

01:20:41.000 --> 01:20:45.600
 That is a summary of the proposed amendments, as you see in your backup.

01:20:45.600 --> 01:20:50.840
 Staff is recommending approval of these text amendments as it meets the criteria for approval,

01:20:50.840 --> 01:20:55.080
 both generally and specific to text amendments in the DDC.

01:20:55.080 --> 01:21:01.000
 The next step would be a city council public hearing following this meeting, should this

01:21:01.000 --> 01:21:04.400
 vote to move forward this evening.

01:21:04.400 --> 01:21:05.400
 That is my presentation.

01:21:05.400 --> 01:21:08.960
 I'm happy to answer any questions you all may have regarding short-term rentals.

01:21:08.960 --> 01:21:09.960
 Thank you, Angie.

01:21:09.960 --> 01:21:10.960
 Commissioner Thacker.

01:21:10.960 --> 01:21:11.960
 Thank you, Chair.

01:21:11.960 --> 01:21:16.160
 First of all, Angie, incredible presentation.

01:21:16.160 --> 01:21:17.720
 Thank you for giving all that information to us.

01:21:17.720 --> 01:21:20.760
 I can tell you guys have done a lot of legwork on this.

01:21:20.760 --> 01:21:28.120
 Good question, what has been discussed regarding the permit if there is a change of ownership

01:21:28.120 --> 01:21:31.360
 in the property and how that property will be defined?

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,

01:21:39.440 --> 01:21:45.160
 and then they change ownership, does the permit follow the dwelling or does it follow the

01:21:45.160 --> 01:21:46.160
 person?

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

01:21:49.560 --> 01:21:54.640
 wait list will work if it indeed follows the residence itself.

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

01:22:00.680 --> 01:22:08.080
 we really can contemplate as a possibility occurring, a possible solution that was identified

01:22:08.080 --> 01:22:13.680
 was should somebody acquire a property that had been used as a short-term rental, possibly

01:22:13.680 --> 01:22:18.400
 putting a timeframe limitation on, they're allowed 30 days to update that or they lose

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

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

01:22:30.480 --> 01:22:33.280
 could be incorporated.

01:22:33.280 --> 01:22:34.280
 Happy to do that.

01:22:34.280 --> 01:22:40.160
 Currently, there's nothing in there that addresses that.

01:22:40.160 --> 01:22:45.160
 Any other questions for Angie at this time?

01:22:45.160 --> 01:22:46.160
 This is a public hearing.

01:22:46.160 --> 01:22:48.120
 I do not have any cards in front of me.

01:22:48.120 --> 01:22:52.840
 Is there anyone wishing to speak on this item?

01:22:52.840 --> 01:22:56.000
 Okay.

01:22:56.000 --> 01:23:00.800
 Before I close the public hearing, I would like to bring forward for discussion with

01:23:00.800 --> 01:23:04.520
 the commission is several things were brought up in work session.

01:23:04.520 --> 01:23:09.000
 One was what Commissioner Thaggard just brought up.

01:23:09.000 --> 01:23:16.880
 Some other items related to some clarifying dates and clarifying language.

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

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

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

01:23:36.080 --> 01:23:38.880
 by our work session concerns.

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

01:23:45.960 --> 01:23:46.960
 perhaps.

01:23:46.960 --> 01:23:50.400
 I think that might give staff enough time to work through those concerns.

01:23:50.400 --> 01:23:57.520
 We could look at it again as a full commission and then give a recommendation then.

01:23:57.520 --> 01:24:03.400
 So I'd like to open that up for thoughts of you all at this time.

01:24:03.400 --> 01:24:08.880
 Commissioner Cole, are you trying to press a button?

01:24:08.880 --> 01:24:09.880
 I can see you.

01:24:09.880 --> 01:24:10.880
 Yeah.

01:24:10.880 --> 01:24:11.880
 Yeah.

01:24:11.880 --> 01:24:12.880
 Go ahead.

01:24:12.880 --> 01:24:13.880
 Thank you, Chair.

01:24:13.880 --> 01:24:16.560
 I would be perfectly okay with that.

01:24:16.560 --> 01:24:21.080
 I think that's a good idea.

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.

01:24:26.880 --> 01:24:32.720
 We postpone this item to a date certain of our next meeting, which is March 20th.

01:24:32.720 --> 01:24:33.720
 Commissioner Cole?

01:24:33.720 --> 01:24:34.720
 I second.

01:24:34.720 --> 01:24:35.720
 Okay.

01:24:35.720 --> 01:24:42.200
 First and a second to postpone to our next meeting of March 20th.

01:24:42.200 --> 01:24:44.800
 Any other discussion on that?

01:24:44.800 --> 01:24:46.800
 Okay.

01:24:46.800 --> 01:24:56.960
 Let's go ahead and vote, please.

01:24:56.960 --> 01:24:59.040
 That motion will carry 5-0.

01:24:59.040 --> 01:25:00.040
 Thank you.

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.

01:25:05.440 --> 01:25:06.760
 Okay.

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

01:25:11.360 --> 01:25:17.400
 to Tina.

01:25:17.400 --> 01:25:18.600
 Thank you, Chair Ellis.

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

01:25:24.000 --> 01:25:27.540
 second item regarding providing an overview to the planning and zoning commission on how

01:25:27.540 --> 01:25:31.400
 land use decisions affect debt and sustainability goals.

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

01:25:34.800 --> 01:25:35.800
 needed on that front.

01:25:35.800 --> 01:25:38.840
 So we'll go ahead and update and remove that.

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

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.

01:25:51.920 --> 01:25:56.500
 The applicant made some additional refinements to their plan as a result of some additional

01:25:56.500 --> 01:25:59.120
 neighborhood engagement work that they had done.

01:25:59.120 --> 01:26:05.160
 So they relocated a portion of the parking that was originally proposed on the northwest

01:26:05.160 --> 01:26:12.920
 portion of the site to the southeast portion of their site near their future education

01:26:12.920 --> 01:26:14.080
 building.

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

01:26:19.160 --> 01:26:25.000
 location has since returned back to its original location from the plan.

01:26:25.000 --> 01:26:29.520
 So with the result of those changes, the neighborhood was much more supportive of that.

01:26:29.520 --> 01:26:36.080
 And so council was able to approve that request and so that item has been approved.

01:26:36.080 --> 01:26:39.120
 Moving on to our southeast area plan.

01:26:39.120 --> 01:26:41.280
 So we continue to do engagement.

01:26:41.280 --> 01:26:45.000
 The team has been out doing some intercept surveys last week and will continue that effort

01:26:45.000 --> 01:26:46.000
 this week.

01:26:46.000 --> 01:26:52.420
 I believe I may mention possibly that the steering committee for this project met back

01:26:52.420 --> 01:27:00.000
 on February 15th and they received the strategies that are being proposed.

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

01:27:04.680 --> 01:27:09.920
 have that information, I believe, published on our Discuss Denton webpage for that particular

01:27:09.920 --> 01:27:10.920
 project.

01:27:10.920 --> 01:27:15.800
 Those strategies will be presented to the Planning and Zoning Commission and City Council

01:27:15.800 --> 01:27:18.480
 at your upcoming joint meeting on March 19th.

01:27:18.480 --> 01:27:21.460
 And again, that's 11 o'clock and we'll provide you lunch for that.

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

01:27:26.440 --> 01:27:29.200
 receive the existing conditions from MIA.

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

01:27:33.440 --> 01:27:39.920
 council's benefit and we'll issue a Friday report directing council to that discussion

01:27:39.920 --> 01:27:42.800
 that took place should they want to go back and watch that video.

01:27:42.800 --> 01:27:46.920
 So we continue moving forward with that project.

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

01:27:53.440 --> 01:27:54.440
 project.

01:27:54.440 --> 01:27:58.360
 So we're making good progress and working with the community.

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

01:28:02.520 --> 01:28:05.480
 to that project as well as we appreciate your feedback and input.

01:28:05.480 --> 01:28:09.960
 So we feel like we're making some good progress there on that particular project.

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

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

01:28:22.640 --> 01:28:26.000
 Christmas holidays or after November.

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.

01:28:31.320 --> 01:28:36.000
 So we have promoted her to our development review manager and obviously you can see with

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

01:28:40.000 --> 01:28:41.000
 run.

01:28:41.000 --> 01:28:43.200
 This present or this promotion is very well deserved.

01:28:43.200 --> 01:28:47.000
 So Mia's not here this evening, but Mia has also been promoted.

01:28:47.000 --> 01:28:49.080
 So Mia has been promoted to a senior planner.

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

01:28:54.640 --> 01:28:59.480
 able to offer promotions where they've been truly earned both by Angie and Mia.

01:28:59.480 --> 01:29:02.760
 So excited to be able to share that with you.

01:29:02.760 --> 01:29:06.480
 And again, my apologies both to Angie and the commission though for not recognizing

01:29:06.480 --> 01:29:08.680
 her in their promotion efforts.

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

01:29:15.520 --> 01:29:16.520
 growth that they've had.

01:29:16.520 --> 01:29:19.100
 So I wanted to make sure I recognized them.

01:29:19.100 --> 01:29:20.360
 But that concludes my report.

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

01:29:23.400 --> 01:29:26.320
 need to be added to the matrix.

01:29:26.320 --> 01:29:30.200
 - Anything for the matrix?

01:29:30.200 --> 01:29:31.200
 Concluding items.

01:29:31.200 --> 01:29:32.200
 Commissioner Villarreal.

01:29:32.200 --> 01:29:37.440
 - Just want to remind folks that early voting for the primaries concludes this week.

01:29:37.440 --> 01:29:41.080
 You can vote tomorrow and Friday at the Civic Center seven to seven.

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.

01:29:45.200 --> 01:29:46.440
 - Appreciate that.

01:29:46.440 --> 01:29:47.440
 Thank you.

01:29:47.440 --> 01:29:50.240
 Any other concluding items?

01:29:50.240 --> 01:29:52.280
 I'll go ahead and give a shout out to Angie.

01:29:52.280 --> 01:29:53.280
 Congratulations.

01:29:53.280 --> 01:29:54.920
 I did notice your title change as you were speaking.

01:29:54.920 --> 01:29:57.680
 Yes, we can give a round of applause.

01:29:57.680 --> 01:30:00.480
 And to me, I noticed that last time when she spoke.

01:30:00.480 --> 01:30:06.400
 And congratulations to you for growing your team and supporting your team, which is super

01:30:06.400 --> 01:30:07.540
 important.

01:30:07.540 --> 01:30:10.160
 We appreciate all the hard work that you do.

01:30:10.160 --> 01:30:11.160
 Okay.

01:30:11.160 --> 01:30:14.720
 With that, I'll go ahead and adjourn at 7.04 p.m.

01:30:14.720 --> 01:30:15.320
 Thank you very much.