1 00:00:00,000 --> 00:00:03,680 Good afternoon, welcome to the City of Denton's Planning and Zoning Commission 2 00:00:03,680 --> 00:00:08,840 meeting for Wednesday, May 29th, 2024. This is our work session and with the 3 00:00:08,840 --> 00:00:13,000 quorum present I'll call us to order at 5 o 3 p.m. Let the record show that 4 00:00:13,000 --> 00:00:18,240 Commissioner Cole is absent from today's meeting. First item in our work session 5 00:00:18,240 --> 00:00:25,040 is clarification on tonight's agenda. First we have the minutes for May 15th. 6 00:00:25,040 --> 00:00:32,400 Any questions, clarifications? Okay, well next we have elect a vice chair which we 7 00:00:32,400 --> 00:00:39,760 will need to do in a regular session. Questions? No? Okay. Individual 8 00:00:39,760 --> 00:00:49,280 consideration continues with 3B, FR 23-0003. Hi Angie. 9 00:00:51,280 --> 00:00:56,240 Review manager, this is a final replat for Glenwood Meadows phase two. There's 10 00:00:56,240 --> 00:01:01,440 approximately 42 residential lots on a little over 10 acres of land. When 11 00:01:01,440 --> 00:01:05,440 Glenwood Meadows was originally platted this portion of the overall development 12 00:01:05,440 --> 00:01:12,520 was situated in FEMA floodway. As part of the Bonnie Bray reconstruction project 13 00:01:12,520 --> 00:01:15,960 that area has been brought out of the floodplain and has been 14 00:01:15,960 --> 00:01:22,040 undergoing work with our capital improvements team is with FEMA to 15 00:01:22,040 --> 00:01:26,820 submit the Clomer Lomar. Staff is recommending conditional approval of 16 00:01:26,820 --> 00:01:31,680 this final plat. It does not yet meet all of our conditions for approval in that 17 00:01:31,680 --> 00:01:37,600 all the lots are not developable at this time. The Clomar has been submitted and 18 00:01:37,600 --> 00:01:43,640 reviewed and has been published for the comment period which is 90 days. However 19 00:01:43,640 --> 00:01:48,240 in order for this final plat to receive full approval they would need to make it 20 00:01:48,240 --> 00:01:53,360 through that comment period and receive the official Lomar. So staff is 21 00:01:53,360 --> 00:01:58,520 recommending conditional approval with the condition as you see here. Once that 22 00:01:58,520 --> 00:02:01,680 study or that comment period has ended and they've received that Lomar 23 00:02:01,680 --> 00:02:05,360 designation the plat would would have to come back to receive the formal final 24 00:02:05,360 --> 00:02:09,640 approval. Happy to answer any questions you all may have regarding that. Thank you 25 00:02:09,640 --> 00:02:14,840 Angie. Questions? Commissioner Pruitt? Just a quick question when you showed the 26 00:02:14,840 --> 00:02:20,040 satellite overview is that a former gas site pad or is that something else? The 27 00:02:20,040 --> 00:02:24,160 site was at one point developed with a gas well it has since been plugged. Okay 28 00:02:24,160 --> 00:02:30,480 and is the plug I couldn't find the plug on this replat typically we've called 29 00:02:30,480 --> 00:02:36,480 those out in other places other plats subdivision plots at least? Yeah I do 30 00:02:36,480 --> 00:02:40,240 believe it's in an open-space lot and I can see if I can locate that and send it 31 00:02:40,240 --> 00:02:44,640 to you all but it's not it's not under any any paving or anything like that. 32 00:02:44,640 --> 00:02:48,800 Yeah I just want to make sure we check that. Sure. Thank you. Anything else? I 33 00:02:48,800 --> 00:02:53,200 know we've got a couple new commissioners and for clarification Lomar 34 00:02:53,200 --> 00:02:57,200 and Clomar are kind of new acronyms so are you good with that or do you need 35 00:02:57,200 --> 00:03:02,480 Angie to explain that? Yeah thanks chair I'd prefer somebody explain it. Yeah 36 00:03:02,480 --> 00:03:08,000 perfect yeah. I will explain to the best of my ability and Tina can and even for 37 00:03:08,000 --> 00:03:16,260 what it stands for because I yeah yeah of course. The short version is we have 38 00:03:16,260 --> 00:03:21,320 FEMA floodplain maps they show where designated floodplain and floodway are 39 00:03:21,320 --> 00:03:24,840 located which we do not allow residential lots or homes to be 40 00:03:24,840 --> 00:03:31,640 constructed within floodplain and floodway. Through a variety of improvements a 41 00:03:31,640 --> 00:03:35,880 property can submit to have that designation removed and have to 42 00:03:35,880 --> 00:03:42,100 demonstrate to FEMA that that area is no longer in the floodplain. That is 43 00:03:42,100 --> 00:03:47,040 officially called the letter of map revision. The Clomar is a conditional 44 00:03:47,040 --> 00:03:51,240 letter of map revision and so that's kind of their preliminary approval that 45 00:03:51,240 --> 00:03:56,480 study does have to be published there is a comment period before FEMA can finally 46 00:03:56,480 --> 00:04:01,920 stamp that as approved in what is called the Lomar which is the letter of map 47 00:04:01,920 --> 00:04:10,680 revision. That's all I can say about that. That was outstanding. The only thing I 48 00:04:10,680 --> 00:04:14,840 would add is typically that conditional letter of map revision is issued first 49 00:04:14,840 --> 00:04:21,640 because it's anticipated that in all likelihood the the letter of map 50 00:04:21,640 --> 00:04:24,840 revision will be approved but there are some conditions that have to be 51 00:04:24,840 --> 00:04:30,400 satisfied before the final letter of map revision is issued and then lastly I 52 00:04:30,400 --> 00:04:36,640 would just add it is a time driven process with FEMA it does take 53 00:04:36,640 --> 00:04:42,600 applicants some time for this to work its way through FEMA's process and so 54 00:04:42,600 --> 00:04:46,640 hence why we try to work with applicants allowing them to be able to proceed 55 00:04:46,640 --> 00:04:52,640 forward where we can knowing that they have to get this map revision addressed 56 00:04:52,640 --> 00:04:57,200 through FEMA I can think of one project I know it's taken multiple months and if 57 00:04:57,200 --> 00:05:01,520 FEMA has any additional comments on it then those have to be resolved and in 58 00:05:01,520 --> 00:05:05,320 some cases might start the clock over so hence why they do the conditional 59 00:05:05,320 --> 00:05:10,360 letter of map revision first as they work towards that final completion. Thank 60 00:05:10,360 --> 00:05:14,020 you. Commissioner Perot. Yeah I just wanted to retract my previous request there are 61 00:05:14,020 --> 00:05:18,360 actually three guest well heads shown in the two open space plots I just I was 62 00:05:18,360 --> 00:05:21,080 searching for the wrong term so I apologize. All right they're hard to 63 00:05:21,080 --> 00:05:27,840 locate too. Thank you. Anything else? Thanks Angie. Okay on to the public 64 00:05:27,840 --> 00:05:34,160 hearings for this evening the first item 4A is being postponed and we are just 65 00:05:34,160 --> 00:05:38,920 re-noticing that correct yeah we're not even opening that okay so next will be 66 00:05:38,920 --> 00:05:45,480 4B S 23 0006 and that is Ashley hello. Good evening chair members of the 67 00:05:45,480 --> 00:05:58,320 Commission. This is S 23 6 Wright Denton Teasley. This is an SUP request to allow 68 00:05:58,320 --> 00:06:02,240 for a veterinary clinic use on approximately two acres of land. This 69 00:06:02,240 --> 00:06:06,240 site is generally located on the south side of Teasley Lane approximately 550 70 00:06:06,240 --> 00:06:10,720 feet west of Pennsylvania Drive. The current zoning is residential 2 and that 71 00:06:10,720 --> 00:06:14,940 is shown on the existing zoning map on the bottom left in the future land use 72 00:06:14,940 --> 00:06:18,800 map is low residential and that is shown on the future land use map on the right 73 00:06:18,800 --> 00:06:22,440 of the screen. Staff does recommend approval as it does comply with all our 74 00:06:22,440 --> 00:06:26,120 criteria for approval and I do have a longer presentation for later. Happy to 75 00:06:26,120 --> 00:06:33,880 answer any questions now. Thank you. Questions at the moment for Ashley? I got 76 00:06:33,880 --> 00:06:37,560 question just regarding traffic I know there was no study done for this 77 00:06:37,560 --> 00:06:45,240 correct. Yes correct. There was mentioned that tex dot might require one can you elaborate on 78 00:06:45,240 --> 00:06:49,360 that? Yeah so it so they would only need a TIA for the city since they have such 79 00:06:49,360 --> 00:06:53,300 a low number of trips because it's on a tex dot roadway so it's ultimately up to 80 00:06:53,300 --> 00:06:57,000 tex dot but it does meet their requirements for waiving the TIA also 81 00:06:57,000 --> 00:07:01,200 but if they do request it it will be provided with a tex dot permit. Yeah and 82 00:07:01,200 --> 00:07:05,600 I've got I mean I certainly have some pause with that I mean it's it is a busy 83 00:07:05,600 --> 00:07:12,160 part of of the road and with only having a right turn out of that site that 84 00:07:12,160 --> 00:07:16,200 brings more to that intersection that's already a problem at certain times at 85 00:07:16,200 --> 00:07:25,040 Pennsylvania and Teasley. Has there been discussion about traffic can you talk to 86 00:07:25,040 --> 00:07:33,920 me caught me through that? A study has been and I have a lead. Yeah that'd be great. 87 00:07:35,600 --> 00:07:44,160 Hi. In fact we did do a traffic count based on citizen request at Teasley and 88 00:07:44,160 --> 00:07:49,480 Pennsylvania several times in the past and one last month in April. It did 89 00:07:49,480 --> 00:07:56,360 marginally meet conditions for a traffic signal. I say marginally met it's not 90 00:07:56,360 --> 00:08:01,020 the full criteria like the eight hours four hours and two hours it just met the 91 00:08:01,020 --> 00:08:05,880 peak hour and the four hour volumes. So we could make a recommendation for 92 00:08:05,880 --> 00:08:10,920 tex dot to install a traffic signal but it's since Teasley is a tex dot 93 00:08:10,920 --> 00:08:17,200 facility it's ultimately their call to approve it and for identifying funding 94 00:08:17,200 --> 00:08:21,960 construction is sure this is a great part. Yeah yeah I know that's been a talk 95 00:08:21,960 --> 00:08:25,160 for a long time on the intersection because I mean the issue is is they have 96 00:08:25,160 --> 00:08:28,560 to turn right and if they have to go the other direction they're gonna be doing a 97 00:08:28,560 --> 00:08:35,000 u-turn at that intersection and boy I mean certain times a day it is it's 98 00:08:35,000 --> 00:08:39,600 super rough there. Commissioner Thacker. Thank you chair. I just want to point out 99 00:08:39,600 --> 00:08:44,840 that in having to take that right you are going right into a school zone. That's 100 00:08:44,840 --> 00:08:49,400 right. So in terms of there already being traffic on that road which I experience 101 00:08:49,400 --> 00:08:54,200 on the daily if there's added traffic particularly around the three o'clock 102 00:08:54,200 --> 00:08:59,840 period you are adding like insult to injury in terms of safety issues with 103 00:08:59,840 --> 00:09:04,200 children crossing the street and potentially that u-turn. I just wanted 104 00:09:04,200 --> 00:09:09,460 that for the for discussion. Thank you. Commissioner Pruitt. Just because I'm 105 00:09:09,460 --> 00:09:14,160 curious understand all the concerns and potential lights and it's tech stock 106 00:09:14,160 --> 00:09:19,200 roadway all that kind of thing. In general as congestion increases does 107 00:09:19,200 --> 00:09:24,640 the speed reduce and therefore how does that affect safety? As the density 108 00:09:24,640 --> 00:09:32,200 increases speeds reduce and in the past years in 2021 when I was here and 22 we 109 00:09:32,200 --> 00:09:37,520 did counts. It did not meet the signal warrants at Teasley and Pennsylvania but 110 00:09:37,520 --> 00:09:43,520 with that so much developments happening in Denton we are seeing 15 to 20 percent 111 00:09:43,520 --> 00:09:50,480 rise in traffic volumes and that's why it met the conditions that are marginally 112 00:09:50,480 --> 00:09:57,720 at this location for a traffic signal. Okay thank you. Yeah that's 45 miles an 113 00:09:57,720 --> 00:10:03,160 hour I believe there isn't it? Yes. Yeah. We are working on to reduce to 35 in the 114 00:10:03,160 --> 00:10:10,000 next update to the city speed limits. Got it. Okay thank you. Actually I'm going to ask you a 115 00:10:10,000 --> 00:10:16,040 question regarding the site plan. So there's no there's no turn in lane for 116 00:10:16,040 --> 00:10:20,240 this right? It would be coming right off at Teasley. Correct. Today the minimum 117 00:10:20,240 --> 00:10:24,160 requirements for a turn lane is 50 trips an hour. There are most trips that they 118 00:10:24,160 --> 00:10:35,240 had was 12. Okay. Commissioner Villarreal. You're good thank you chair. So I know 119 00:10:35,240 --> 00:10:39,560 there were two what seemed to be well attended public meetings regarding this 120 00:10:39,560 --> 00:10:44,200 project. We only received one response form and was in opposition. Do we know 121 00:10:44,200 --> 00:10:48,560 what the feeling was at those two community meetings? Was it relatively 122 00:10:48,560 --> 00:10:52,400 supportive? I know a lot of the questions were answered by the applicant but do we 123 00:10:52,400 --> 00:10:57,200 know what the communities feel was on this particular project? It's hard to say 124 00:10:57,200 --> 00:11:00,440 from the neighborhood meeting since you received your backup I did receive 125 00:11:00,440 --> 00:11:05,440 another letter in opposition earlier today and then I received a letter in 126 00:11:05,440 --> 00:11:11,000 support from one property owner who owns seven parcels within the 200 foot area. 127 00:11:11,000 --> 00:11:17,640 So one of the letters in opposition that I received today said that this would be 128 00:11:17,640 --> 00:11:26,640 spot zoning and he wanted a specific zoning district from our 1991 code. So I 129 00:11:26,640 --> 00:11:30,520 did speak to him on the phone before he sent in the letter and I let him know 130 00:11:30,520 --> 00:11:36,740 that it's not rezoning it's going to stay R2 so it's not spot zoning. The 131 00:11:36,740 --> 00:11:42,040 first letter of opposition I received did not have any information from them. So 132 00:11:42,040 --> 00:11:47,400 it's hard to say how they felt. They did ask a lot of questions and there it was 133 00:11:47,400 --> 00:11:50,920 I believe it was an hour and a half long at each meeting so there was a lot of 134 00:11:50,920 --> 00:11:54,000 discussion back and forth but it was hard to say how they felt towards the 135 00:11:54,000 --> 00:12:02,120 end of the meeting. Thank you. Thank you. Anything else at the moment? Thank you 136 00:12:02,120 --> 00:12:11,720 very much. Yeah sure Tina go ahead. So one thing for the Commission to take in 137 00:12:11,720 --> 00:12:19,920 consideration so no if this if the Commission finds that the traffic 138 00:12:19,920 --> 00:12:26,200 concerns associated with this request are challenging I would ask that you 139 00:12:26,200 --> 00:12:31,080 balance that in terms of if the property were to develop under the existing 140 00:12:31,080 --> 00:12:35,200 single-family residential zoning you know they might be able to get four or 141 00:12:35,200 --> 00:12:39,880 five lots in on that property and our traffic exemptions in terms of trips per 142 00:12:39,880 --> 00:12:44,560 day are 10 trips per day. So if we have four or five single-family lots that are 143 00:12:44,560 --> 00:12:48,040 being constructed there then you're looking at 40 to 50 trips per day which 144 00:12:48,040 --> 00:12:52,560 is comparable to or exceeds what we're anticipating with the proposed vet 145 00:12:52,560 --> 00:13:01,160 clinic. So just some information for your consideration. Thank you. Appreciate that. 146 00:13:01,160 --> 00:13:12,040 Okay on to 4 CS 24 0002. Here is making her way up for that discussion. Hi. Hi 147 00:13:12,040 --> 00:13:28,160 good evening chair and members of the Commission. Okay this is S 24 - 0002. 148 00:13:28,160 --> 00:13:37,240 This is a request for an amendment to specific use permit 2003 - 325 to allow 149 00:13:37,240 --> 00:13:43,720 for site changes to an existing DATCOOP facility. The site is located in the 150 00:13:43,720 --> 00:13:50,840 southwest corner of the intersection of Teasley. This is also Teasley FM 2481 151 00:13:50,840 --> 00:13:56,080 Lillian B Miller and Wind River and the Teasley Commons shopping center. So this 152 00:13:56,080 --> 00:14:01,200 is an existing DATCOOP facility that they are just proposing to reduce drive 153 00:14:01,200 --> 00:14:06,000 through banking lanes and replace with five additional parking lanes. The site 154 00:14:06,000 --> 00:14:11,360 is currently zoned mixed-use neighborhood MN and the future zoning is 155 00:14:11,360 --> 00:14:17,880 neighborhood mixed-use. The site is approximately 0.89 acres and staff is 156 00:14:17,880 --> 00:14:21,680 recommending approval. I have a more detailed presentation in the main 157 00:14:21,680 --> 00:14:29,360 session. Great. Questions? Mr. Pruitt? Just for clarification so we're all on the 158 00:14:29,360 --> 00:14:36,880 same page. This type of amendment would normally be a staff review of reviewable 159 00:14:36,880 --> 00:14:42,120 thing were it not for the SUP requirement for a drive-through existing 160 00:14:42,120 --> 00:14:48,600 at all within the MN zoning district. Is that correct? Yes correct. Okay thank you. 161 00:14:49,080 --> 00:15:02,720 Anything else? Okay thank you. Okay next is 4D PDA 230005. That is Mia's item today. 162 00:15:02,720 --> 00:15:12,720 Good evening chair. Hi. Members of the Commission. This item PDA 230005 is a 163 00:15:12,720 --> 00:15:18,120 plan development amendment for Gateway of Denton to establish a site plan for a 164 00:15:18,120 --> 00:15:27,200 new auto fuel and auto wash development per a per our former ordinance that the 165 00:15:27,200 --> 00:15:33,040 PD 139 was adopted under to adopt the site plan you'd have to go through the 166 00:15:33,040 --> 00:15:37,160 PD process so in order to adopt that site plan in accordance with our current 167 00:15:37,160 --> 00:15:40,680 standards you have to go through the PD amendment process and this does 168 00:15:40,680 --> 00:15:45,280 constitute as a major amendment so that is why it's coming before this body. The 169 00:15:45,280 --> 00:15:49,560 site itself is located just southeast at the southeast corner of Vintage 170 00:15:49,560 --> 00:15:57,160 Boulevard and I-35W at approximately 4.3 acres. The site plan does meet all of our 171 00:15:57,160 --> 00:16:01,600 criteria for approval and so staff is recommending approval of this site plan 172 00:16:01,600 --> 00:16:07,040 as presented with some conditions to ensure that off-site improvements 173 00:16:07,040 --> 00:16:12,200 associated with the proposed development are constructed accordingly. I do have a 174 00:16:12,200 --> 00:16:17,020 more detailed site or presentation to go over in the regular session but if you 175 00:16:17,020 --> 00:16:22,800 have any questions I can answer them now. Thank you. Mr. Barrett. Thank you chair. I 176 00:16:22,800 --> 00:16:30,320 am being quick today. You're good. If I recall let me just make sure I'm not 177 00:16:30,320 --> 00:16:35,840 being the idiot with the foot in my mouth. There was a application for a 178 00:16:35,840 --> 00:16:40,640 multifamily that was down in this southeast corner of one of these 179 00:16:40,640 --> 00:16:44,800 intersections. Is that directly south of this parcel or is that further south 180 00:16:44,800 --> 00:16:48,840 with some buffer space in between? That is directly south of here and if you can 181 00:16:48,840 --> 00:16:52,360 see sort of what this aerial is it's under construction currently. Okay so it 182 00:16:52,360 --> 00:16:57,600 would connect right at that left access point right there. Correct. There is a so 183 00:16:57,600 --> 00:17:05,100 there is a southern connection here on site or off street for that will be 184 00:17:05,100 --> 00:17:07,960 established via cross access and then there's another connection to an 185 00:17:07,960 --> 00:17:14,280 existing drive out here to the to the east. Okay thank you. 186 00:17:14,280 --> 00:17:21,040 Anything else from you? Tina would like to add one thing. So for the benefit of our 187 00:17:21,040 --> 00:17:25,640 newer commissioners I know some some of you more experienced commissioners have 188 00:17:25,640 --> 00:17:29,360 seen a similar top request with the multifamily to the south. So one of the 189 00:17:29,360 --> 00:17:33,400 normally with a planned development district amendment the commission would 190 00:17:33,400 --> 00:17:39,880 have a fair amount of latitude. In this case you do not. Reason being is with 191 00:17:39,880 --> 00:17:43,960 these old PDs and given how they transferred over I just wanted to let 192 00:17:43,960 --> 00:17:47,000 you know you know as Mia pointed out this use is currently allowed by right 193 00:17:47,000 --> 00:17:50,960 under the existing plan development district. So this is not a land use 194 00:17:50,960 --> 00:17:54,720 discussion this evening. This is a process that an applicant has to go 195 00:17:54,720 --> 00:17:59,740 through in order to be able to have their site plan approved. Normally this 196 00:17:59,740 --> 00:18:02,640 would be something that we would approve at the staff level you know as Mia 197 00:18:02,640 --> 00:18:06,240 pointed out this site plan meets all of our criteria. So this is more of a 198 00:18:06,240 --> 00:18:10,600 ministerial function and less of a discretionary function. So since we don't 199 00:18:10,600 --> 00:18:15,160 receive these that often want to especially let our newer commissioners 200 00:18:15,160 --> 00:18:18,960 know that that we do not have nearly the amount of discretion with this type of 201 00:18:18,960 --> 00:18:22,960 request this evening compared to what we might have with a different type of plan 202 00:18:22,960 --> 00:18:30,200 development district ordinance that you might consider. Thank you. Okay thanks 203 00:18:30,200 --> 00:18:38,960 Mia. Okay our final public hearing item tonight is for EDCA 230002. 204 00:18:38,960 --> 00:18:49,520 Hello Angie you're hearing this again. Hello Angie Manglaris development review 205 00:18:49,520 --> 00:18:54,000 manager here to talk to you this evening about short-term rentals and the code 206 00:18:54,000 --> 00:19:05,560 amendment process. Quick reminder for you all we are we did consider this item in 207 00:19:05,560 --> 00:19:11,020 February and in March of this year and after discussion among staff and the 208 00:19:11,020 --> 00:19:16,920 continually evolving legal landscape felt that a wider and broader public 209 00:19:16,920 --> 00:19:21,160 outreach and public notification process was was needed so staff did mail out 210 00:19:21,160 --> 00:19:26,780 approximately 30,000 postcards to advertise the the public hearing for 211 00:19:26,780 --> 00:19:30,480 both Planning and Zoning Commission and City Council. There has not been any any 212 00:19:30,480 --> 00:19:35,520 content change between the meetings but I will give you all an overview of what 213 00:19:35,520 --> 00:19:38,400 we're talking about the proposed changes and why we're doing this. So the current 214 00:19:38,400 --> 00:19:42,680 state of short-term rentals short-term rentals are currently allowed in all 215 00:19:42,680 --> 00:19:48,680 zoning districts RR through R7 as well as MN. They're currently defined as a 216 00:19:48,680 --> 00:19:52,880 rental of an entire dwelling unit for a period of time less than 30 consecutive 217 00:19:52,880 --> 00:19:58,840 days not including a bed and breakfast a boarding room hotel or motel. They are 218 00:19:58,840 --> 00:20:03,360 currently subject to hotel occupancy taxes. They are required to register 219 00:20:03,360 --> 00:20:09,560 register to operate. We estimate approximately 33 of maybe 250 in the 220 00:20:09,560 --> 00:20:14,840 city are registered. They are required to provide a 24-hour emergency contact. 221 00:20:14,840 --> 00:20:21,200 There is not a permit cap today for short-term rentals. Short-term rentals 222 00:20:21,200 --> 00:20:25,620 are different from a bed and breakfast as well as from a hotel by by the 223 00:20:25,620 --> 00:20:28,880 definitions you see here. The main the main points of difference between a bed 224 00:20:28,880 --> 00:20:32,520 and breakfast and a short-term rental is a bed and breakfast is owner occupied or 225 00:20:32,520 --> 00:20:38,440 occupied by a resident manager rooms are rented and meals may be preserved I'm 226 00:20:38,440 --> 00:20:45,040 sorry served to those who are staying overnight. A hotel is a facility that 227 00:20:45,040 --> 00:20:49,200 offers transient lodging for a daily rate for a period of time not to exceed 228 00:20:49,200 --> 00:20:53,120 30 days and provides additional services. Those could be restaurants meeting rooms 229 00:20:53,120 --> 00:20:56,920 and recreation facilities. They're also accessed through a main entry such as a 230 00:20:56,920 --> 00:21:06,280 hallway. There was a town hall discussion that was held last week. The discussion 231 00:21:06,280 --> 00:21:10,360 varied but two of the main points that came out of that was the hotel 232 00:21:10,360 --> 00:21:16,960 occupancy taxes and some concern over being subject to those. That's that's not 233 00:21:16,960 --> 00:21:20,560 really part of this discussion. This is a land use discussion and I did want to 234 00:21:20,560 --> 00:21:26,200 point out that hotel occupancy taxes are currently required. They're authorized by 235 00:21:26,200 --> 00:21:32,260 the state tax code and the decision to to impose hotel occupancy taxes was 236 00:21:32,260 --> 00:21:38,620 approved by city ordinance I believe in the 90s maybe 96. So that's where the 237 00:21:38,620 --> 00:21:42,320 city gets the authority to impose hotel occupancy taxes and and like I said they 238 00:21:42,320 --> 00:21:48,240 are currently required to date. Another topic that came up was the hundred foot 239 00:21:48,240 --> 00:21:53,280 distance separation. There was concern among those who who currently have units 240 00:21:53,280 --> 00:21:59,160 that they may not meet those requirements. Those who are registered 241 00:21:59,160 --> 00:22:05,800 before August 1 2024 they would be considered to be legal non-conforming 242 00:22:05,800 --> 00:22:10,560 uses and legal non-conforming uses are subject to the provisions in DDC sub 243 00:22:10,560 --> 00:22:16,600 chapter 1.5. That section is rather lengthy but but two main points you they 244 00:22:16,600 --> 00:22:21,600 the non-conforming status is kept provided there's not a structural 245 00:22:21,600 --> 00:22:25,560 alteration of the building specifically an enlargement and enlargement of the 246 00:22:25,560 --> 00:22:32,160 use or if the use ceases operation for a year or more. Those would be some of the 247 00:22:32,160 --> 00:22:39,440 circumstances in which an individual may lose their non-conforming status. Having 248 00:22:39,440 --> 00:22:43,920 said all of that today we are here to discuss updates to the short-term rental 249 00:22:43,920 --> 00:22:48,640 provisions within the DDC that includes our table of allowed uses, use specific 250 00:22:48,640 --> 00:22:53,000 standards, commercial specific standards, our parking requirements as well as 251 00:22:53,000 --> 00:22:58,400 definitions all as they relate to short-term rentals. The reason for this 252 00:22:58,400 --> 00:23:03,760 is a public engagement survey did show concerns related to the impacts of STRs 253 00:23:03,760 --> 00:23:08,120 on established residential neighborhoods. The amendments are intended to limit 254 00:23:08,120 --> 00:23:13,560 limit any impacts and strengthen the ability of the city's ability to enforce 255 00:23:13,560 --> 00:23:18,720 short-term regulations. It's to ensure compliance with recently established 256 00:23:18,720 --> 00:23:23,220 legal precedents to strengthen the enforcement of our regulations and 257 00:23:23,220 --> 00:23:27,000 assist with the collection of hotel occupancy taxes and is consistent with 258 00:23:27,000 --> 00:23:31,040 the DDC's overall purpose statement to promote the health life and safety of 259 00:23:31,040 --> 00:23:38,080 the City of Denton and its inhabitants. With that we are recommending 260 00:23:38,080 --> 00:23:43,480 approval of the code amendments as they do meet the criteria for approval in the 261 00:23:43,480 --> 00:23:49,360 DDC. I will have the the detailed presentation to go through during 262 00:23:49,360 --> 00:23:53,080 regular session but I'm happy to answer any questions you all may have now. Thanks 263 00:23:53,080 --> 00:23:59,680 Angie. We have questions now for Angie. Commissioner Pratt? Just two things more 264 00:23:59,680 --> 00:24:03,080 more so to make sure we cover them in the open session when there may be more 265 00:24:03,080 --> 00:24:10,940 public present. One in order to be eligible for the legal non-conforming 266 00:24:10,940 --> 00:24:16,200 status do they have to meet the requirements to register for a short 267 00:24:16,200 --> 00:24:21,480 term rental under our current code without this amendment? Yes so to get 268 00:24:21,480 --> 00:24:25,520 that status somebody would need to be able to register and and be a legally 269 00:24:25,520 --> 00:24:31,560 allowed use today in order to one had ever been legal to maintain that or to 270 00:24:31,560 --> 00:24:36,360 get that status when they go into effect August 1. Okay so there I don't want to 271 00:24:36,360 --> 00:24:41,680 parse words too much but there might be some edge cases like somebody who is 272 00:24:41,680 --> 00:24:45,440 renting out a bedroom that's not in a complete dwelling unit who would be 273 00:24:45,440 --> 00:24:51,400 eligible under the new but not under the old and that could be sticky but it's a 274 00:24:51,400 --> 00:24:55,280 large... There could be some uses that are operating not in compliance with with the current code and 275 00:24:55,280 --> 00:24:59,760 and wouldn't be allowed to come register tomorrow that's correct. And then last 276 00:24:59,760 --> 00:25:09,000 thing just to make sure that the public grasps it the hundred foot separation as 277 00:25:09,000 --> 00:25:14,880 I understand it is applicable for applicants within a residential zoning 278 00:25:14,880 --> 00:25:20,040 district but not under some of the mixed use districts is that correct? That's 279 00:25:20,040 --> 00:25:24,240 correct and I have separate slides for how it applies in residential and 280 00:25:24,240 --> 00:25:30,240 non-residential to hopefully capture that. Very good thank you. Commissioner Thacker. 281 00:25:30,240 --> 00:25:37,520 So looking at the hotel occupancy tax and you know mentioning strengthening the 282 00:25:37,520 --> 00:25:41,840 enforcement of that short-term regulation and basically us coming up 283 00:25:41,840 --> 00:25:46,720 with how we're gonna further enforce this if it's a tax that's existed since 284 00:25:46,720 --> 00:25:52,720 the 90s what have we been doing to enforce it for 30 years? Sure so my my 285 00:25:52,720 --> 00:25:56,680 understanding in in kind of working with our our team who's implementing the new 286 00:25:56,680 --> 00:26:02,080 software is an individual has to be identified as a short-term rental for 287 00:26:02,080 --> 00:26:05,960 the city to know that you are a an operating short-term rental that is 288 00:26:05,960 --> 00:26:12,000 subject to that tax and so when a short-term rental permit is issued our 289 00:26:12,000 --> 00:26:17,000 finance team works with them to ensure they're remitting that tax and so those 290 00:26:17,000 --> 00:26:23,440 who are registered they they're remitting either on a monthly or a 291 00:26:23,440 --> 00:26:28,000 quarterly basis and then I mean the hotels and motels of the city are more 292 00:26:28,000 --> 00:26:32,200 identifiable than the short-term rentals where you're you may not be sure if one 293 00:26:32,200 --> 00:26:36,200 is operating but so that's how it's currently working and will continue to 294 00:26:36,200 --> 00:26:39,680 work in much the same manner the new software that we have again will be 295 00:26:39,680 --> 00:26:43,400 helpful in putting everything in one succinct place as well as identifying who 296 00:26:43,400 --> 00:26:50,380 may be a short-term rental but not yet registered. Thank you. Anything else at 297 00:26:50,380 --> 00:26:56,560 the moment? Commissioner Padron. So I have a question about the registration. Yep. 298 00:26:56,560 --> 00:27:01,560 So reading the information they have to renew annually correct? Correct. Is there 299 00:27:01,560 --> 00:27:08,160 any priority given to persons that had registered prior? Yes it's specified I 300 00:27:08,160 --> 00:27:12,440 can pull up which subsection but if you if you're registered your renewal period 301 00:27:12,440 --> 00:27:16,840 starts in November so you have November to December to do so new registrations 302 00:27:16,840 --> 00:27:23,720 are accepted following the first of the year. Commissioner Fager. Sorry one more 303 00:27:23,720 --> 00:27:28,000 question and you know remind me if I have forgotten I've slept since the last 304 00:27:28,000 --> 00:27:34,280 time we discussed this. Where did we come up with the thousand cap? Yep great 305 00:27:34,280 --> 00:27:43,080 question. In the the survey that we held the question about is is is a density 306 00:27:43,080 --> 00:27:48,160 limitation or or regulation needed or desired and and the sentiment was yes 307 00:27:48,160 --> 00:27:52,800 but results varied greatly. And to interrupt we're talking about 308 00:27:52,800 --> 00:27:57,400 residential districts for the thousand. Yes that's where the thousand 309 00:27:57,400 --> 00:28:03,240 cap applies yes and the survey results also showed that of those who preferred 310 00:28:03,240 --> 00:28:07,800 to see more enforcement on STR as it was in neighborhoods what we saw our 311 00:28:07,800 --> 00:28:11,600 downtown or commercial areas is maybe more acceptable to that use. So in 312 00:28:11,600 --> 00:28:18,040 exploring density a variety of options were were looked at but what it what it 313 00:28:18,040 --> 00:28:25,280 came to was 1,000 residential units is roughly 3% of all single-family zoned 314 00:28:25,280 --> 00:28:32,040 properties in the city of Denton or parcels in the city of Denton. And in 315 00:28:32,040 --> 00:28:36,440 looking at different numbers and at different thresholds that that was an 316 00:28:36,440 --> 00:28:42,080 agreeable middle ground compromise from from those who who wanted to see none to 317 00:28:42,080 --> 00:28:52,040 those who who would prefer to see closer to 10 or 20% and this will be obviously 318 00:28:52,040 --> 00:28:54,880 this is what the ordinance is amending but it was also understood that if we 319 00:28:54,880 --> 00:28:59,680 see that we're running into two issues and the 3% for some reason if something 320 00:28:59,680 --> 00:29:04,720 changes or Denton suddenly has much more STRs that it may be appropriate to 321 00:29:04,720 --> 00:29:08,840 revisit that from time to time but that this felt like an agreeable starting 322 00:29:08,840 --> 00:29:16,880 point. So I mean as we get more houses the 3% is going to create a 323 00:29:16,880 --> 00:29:20,440 different number right so is that something that we are going to kind of 324 00:29:20,440 --> 00:29:25,520 consider annually or as we do like massive developments? I don't know that 325 00:29:25,520 --> 00:29:30,440 there's a plan to consider it annually at this point but it it is a metric 326 00:29:30,440 --> 00:29:34,680 that's easily trackable and if we see that we're really running into some 327 00:29:34,680 --> 00:29:40,480 issues it could be brought up that it might be time to revisit this. And again 328 00:29:40,480 --> 00:29:44,680 with it only applying to single-family it could be that we start to get more 329 00:29:44,680 --> 00:29:49,320 located towards downtown where that cap doesn't apply it's difficult to say how 330 00:29:49,320 --> 00:29:58,480 it will play out. Anything else? Okay thank you Angie. Thank you. Okay that works us 331 00:29:58,480 --> 00:30:04,720 through our agenda for this evening so we have one work session report and that 332 00:30:04,720 --> 00:30:11,560 is 2A PZ 24 100 receive a report and hold a discussion regarding amenity 333 00:30:11,560 --> 00:30:28,000 centers. Hello Erin. Hello. Okay Erin Stanley assistant planner. So this is a 334 00:30:28,000 --> 00:30:33,480 presentation about amenity centers in response to a question from former 335 00:30:33,480 --> 00:30:40,120 Councilman Tim Smith just about general inquiries of the requirements and 336 00:30:40,120 --> 00:30:45,240 regulations for amenity centers. So the definition in the DDC of an amenity 337 00:30:45,240 --> 00:30:50,400 center is a building or facility owned or operated by a corporation association 338 00:30:50,400 --> 00:30:55,640 person or persons for a place of meeting social cultural educational or 339 00:30:55,640 --> 00:31:00,040 recreational purposes to which membership or residency requirements is 340 00:31:00,040 --> 00:31:06,520 required for participation. We currently allow amenity centers in all they're 341 00:31:06,520 --> 00:31:13,120 permitted by right in all districts that allow residential uses and we do 342 00:31:13,120 --> 00:31:19,280 require amenity center parking one space per 300 square feet gross floor area 343 00:31:19,280 --> 00:31:24,160 and parking must be located to the side or rear of the building in limited 344 00:31:24,160 --> 00:31:27,920 situations depending on the zoning district classification of the budding 345 00:31:27,920 --> 00:31:32,200 roadway surrounding development they could have parking in the front of the 346 00:31:32,200 --> 00:31:39,440 building but the standard is to the side or rear. Amenity centers are a non 347 00:31:39,440 --> 00:31:43,160 residential use even though they're commonly associated with residential 348 00:31:43,160 --> 00:31:47,200 uses so they have they follow all of the non residential building standards 349 00:31:47,200 --> 00:31:51,300 their primary at building orientation would be towards the street rather than 350 00:31:51,300 --> 00:31:55,400 a parking area trash storage and mechanical equipment needs to be 351 00:31:55,400 --> 00:31:59,960 located away from public view and the building needs to have no more than 50 352 00:31:59,960 --> 00:32:05,360 continuous feet without a horizontal or vertical break they also it would be 353 00:32:05,360 --> 00:32:09,800 subject to all of the landscape standards that the same any other 354 00:32:09,800 --> 00:32:14,960 non-residential use would be required to follow one thing to note is that any 355 00:32:14,960 --> 00:32:20,800 amenity centers directly adjacent to single-family detached duplex townhome 356 00:32:20,800 --> 00:32:27,160 multifamily uses would be required to buffer between those uses 30 feet or 357 00:32:27,160 --> 00:32:34,040 15 feet or and also 30 points from our buffer table and then they also would be 358 00:32:34,040 --> 00:32:38,080 required to follow all tree preservation and access and circulation 359 00:32:38,080 --> 00:32:45,140 standards in the DDC the same as any other non-residential use. The main 360 00:32:45,140 --> 00:32:50,280 thing to remember is amenity centers are not required they are optional to 361 00:32:50,280 --> 00:32:55,400 include in any neighborhood and a multifamily any residential development 362 00:32:55,400 --> 00:33:00,760 they when they are required they need to be in addition to any required 363 00:33:00,760 --> 00:33:07,720 requirement for open space that duplexes townhomes multifamily has and they we 364 00:33:07,720 --> 00:33:12,720 most commonly see them on multifamily developments and in that case they're 365 00:33:12,720 --> 00:33:17,840 evaluated at the same time as all of the other multifamily buildings the site 366 00:33:17,840 --> 00:33:22,760 design is all evaluated together and in that single-family residential 367 00:33:22,760 --> 00:33:27,240 developments the amenity centers we typically look at them to be located on 368 00:33:27,240 --> 00:33:34,840 an HOA lot on commonly an open space lot just to ensure that there is someone to 369 00:33:34,840 --> 00:33:38,920 be responsible for the financial aspect and the maintenance of the of the 370 00:33:38,920 --> 00:33:44,580 amenity center and then when staff reviews amenity centers we are looking 371 00:33:44,580 --> 00:33:51,440 for what adjacent street types are make sure it's in an accessible area and that 372 00:33:51,440 --> 00:33:57,320 it has sufficient parking access and circulation so here are just a few 373 00:33:57,320 --> 00:34:05,320 examples this one is Eagle Creek I believe yes this is Eagle Creek and so 374 00:34:05,320 --> 00:34:10,600 you can see here it's on the major roadways at the corner it's on an HOA 375 00:34:10,600 --> 00:34:17,400 lot so there's the maintenance provided there and this one is sage brook also 376 00:34:17,400 --> 00:34:22,840 located on an HOA lot at the the cul-de-sac providing parking but they 377 00:34:22,840 --> 00:34:28,760 also are required their on-site parking as well and that is the presentation but 378 00:34:28,760 --> 00:34:36,640 I'll stand for any questions questions commissioner Perot thank you chair so 379 00:34:36,640 --> 00:34:42,960 the the buffering requirement is that purely to vertical improvements for I'm 380 00:34:42,960 --> 00:34:47,600 just trying to understand like the delineation between amenity center and 381 00:34:47,600 --> 00:34:53,600 like a park with us great right right that would be between the the building 382 00:34:53,600 --> 00:34:58,960 itself or any like permanent structure okay like a splash pad that's different 383 00:34:58,960 --> 00:35:02,400 from an amenity center that would probably be just part of like their open 384 00:35:02,400 --> 00:35:05,960 space amenities but not the amenity center building itself and if they 385 00:35:05,960 --> 00:35:10,800 wanted to put like a bathroom building there that that wouldn't rise to that I'm 386 00:35:10,800 --> 00:35:16,400 just trying to understand definitions if that makes sense that would are you 387 00:35:16,400 --> 00:35:23,360 thinking and like a multifamily development anything just yeah and the 388 00:35:23,360 --> 00:35:27,360 permanent structure would be would is what triggers that would trigger the 389 00:35:27,360 --> 00:35:37,040 buffer okay to buffer between here we go over how parking is determined this is 390 00:35:37,040 --> 00:35:42,080 the required parking calculation so just one space per the gross floor area of 391 00:35:42,080 --> 00:35:49,280 the building every 300 feet I mean I'm sure most amenity centers are based on 392 00:35:49,280 --> 00:35:59,000 well in a lot of areas just walking to it I'm sure yeah any other questions okay 393 00:35:59,000 --> 00:36:02,680 thank you for the presentation appreciate it you're welcome all right 394 00:36:02,680 --> 00:36:06,680 that takes us completion of our work session so we'll go ahead and adjourn at 395 00:36:06,680 --> 00:36:13,960 539 p.m. and we will reconvene in council chambers at 630 good evening 396 00:36:13,960 --> 00:36:16,320 and welcome to the city of Denton's planning and zoning Commission meeting 397 00:36:16,320 --> 00:36:21,400 for Wednesday May 29th 2024 with a quorum present I will call us to order 398 00:36:21,400 --> 00:36:27,000 at 630 p.m. let the record show that Commissioner Cole is absent today first 399 00:36:27,000 --> 00:36:40,760 item on our agenda is the Pledge of Allegiance to the u.s. and Texas flags 400 00:36:57,600 --> 00:37:04,160 thank you everyone next item on our agenda is the approval of the minutes 401 00:37:04,160 --> 00:37:08,680 from our May 15th meeting Commissioner Villarreal move approval Commissioner 402 00:37:08,680 --> 00:37:10,920 Padron 403 00:37:10,920 --> 00:37:20,960 second thank you got a first and a second for approval of our minutes for May 15th 404 00:37:20,960 --> 00:37:33,560 any discussion okay let's go ahead and vote please that motion carries 5-0 on to 405 00:37:33,560 --> 00:37:40,400 our items for individual consideration 3a is PZ 2 4 0 9 4 elect a vice chair to 406 00:37:40,400 --> 00:37:43,320 the planning and zoning Commission Commissioner Villarreal I nominate 407 00:37:43,320 --> 00:37:50,120 Commissioner Eric Pruitt for vice chair Commissioner Padron I second we've got a 408 00:37:50,120 --> 00:37:55,000 first and a second for Commissioner Pruitt to be nominated as vice chair any 409 00:37:55,000 --> 00:38:01,560 discussion it's an honor thank you okay let's go ahead and vote on the board 410 00:38:01,560 --> 00:38:20,040 please that motion carries 5-0 welcome vice chair Pruitt I next item is 3b fr2 411 00:38:20,040 --> 00:38:28,440 3 0 0 0 3 Angie is here for presentation of this item good evening chair and 412 00:38:28,440 --> 00:38:34,920 members of the Commission Angie Manglaris development manager this is fr2 3 0 0 0 413 00:38:34,920 --> 00:38:40,320 3b it is a final replat of Glenwood Meadows the purpose of this replat is to 414 00:38:40,320 --> 00:38:45,360 create Glenwood Meadows phase 2 which would establish approximately 42 lots on 415 00:38:45,360 --> 00:38:50,120 a little over 10 acres of land when Glenwood Meadows was platted this area 416 00:38:50,120 --> 00:38:54,840 was situated within the FEMA floodplain and they are working on working through 417 00:38:54,840 --> 00:38:59,040 the Clomar and Lomar process to bring that out of the floodplain they're not 418 00:38:59,040 --> 00:39:03,520 quite at full approval status yet as the final Lomar for the project has not been 419 00:39:03,520 --> 00:39:06,880 received and all lots wouldn't be developable due to that so staff is 420 00:39:06,880 --> 00:39:10,160 recommending a conditional approval of this final plot the recommended 421 00:39:10,160 --> 00:39:15,880 condition is before you on your screen once that Lomar is received they will 422 00:39:15,880 --> 00:39:19,080 have to come back to planning and zoning Commission to receive their their final 423 00:39:19,080 --> 00:39:22,000 approval without conditions happy to answer any questions you all may have 424 00:39:22,000 --> 00:39:29,640 thanks Angie any questions okay thank you so much for the presentation 425 00:39:29,640 --> 00:39:34,880 sure couldn't look for a discussion or a motion Commissioner Villarreal I 426 00:39:34,880 --> 00:39:41,120 recommend approval with conditions Commissioner Pruitt second and I'll 427 00:39:41,120 --> 00:39:45,320 clarify that is the motion to approve with staff condition as presented okay 428 00:39:45,320 --> 00:39:51,400 we've got a first and a second to approve this item as presented and 429 00:39:51,400 --> 00:40:00,960 questions or discussion let's go ahead and vote please that motion carries five 430 00:40:00,960 --> 00:40:07,080 zero that will take us to our public hearings for this evening a 4a Z 24 0 431 00:40:07,080 --> 00:40:13,160 0 0 5 is postponed and will be renoticed at a future date so we will not be 432 00:40:13,160 --> 00:40:20,680 hearing that item so that will take us to 4b s 2 3 0 0 0 6 and Ashley is here 433 00:40:20,680 --> 00:40:26,680 for presentation and I will open the public hearing good evening chair 434 00:40:26,680 --> 00:40:31,680 members of the Commission Ashley exit associate planner this is s 23 6 right 435 00:40:31,680 --> 00:40:36,320 denton Teasley this is a request for a specific use permit to allow our 436 00:40:36,320 --> 00:40:40,640 veterinary clinic use on approximately two acres of land this site is generally 437 00:40:40,640 --> 00:40:44,400 located on the south side of Teasley Lane west of Pennsylvania Drive the 438 00:40:44,400 --> 00:40:48,800 existing zoning is r2 and it is shown on the map on the left and the future land 439 00:40:48,800 --> 00:40:54,080 use is low residential which is shown on the map to the right the proposed site 440 00:40:54,080 --> 00:40:58,040 plan shows an approximately 4,000 square foot building with approximately 30 foot 441 00:40:58,040 --> 00:41:03,240 height that is outlined on the shown site plan in blue they did design it with 442 00:41:03,240 --> 00:41:06,520 their residential architectural style to be compatible with the surrounding 443 00:41:06,520 --> 00:41:10,440 neighborhood and those elevations are shown on your screen as well they're 444 00:41:10,440 --> 00:41:14,680 proposing an outdoor fence dog run that is shown on your plan outlined in green 445 00:41:14,680 --> 00:41:19,520 they did request a director modification for additional parking spaces we did 446 00:41:19,520 --> 00:41:24,040 approve those additional 14 parking spaces and those 14 parking spaces will 447 00:41:24,040 --> 00:41:28,240 be pervious the parking is located to the front of the building and also on 448 00:41:28,240 --> 00:41:33,320 the west side the right of way dedication is outlined on the plan in red 449 00:41:33,320 --> 00:41:37,240 we do feel this sets the area up for better long-term connectivity in the 450 00:41:37,240 --> 00:41:41,280 future and based on neighborhood feedback at a neighborhood meeting they 451 00:41:41,280 --> 00:41:45,120 did show their original plan showed a fire lane connecting to the church to 452 00:41:45,120 --> 00:41:49,600 the east through a public access easement onto Pennsylvania and that has 453 00:41:49,600 --> 00:41:53,920 been removed to address neighborhood and staff concerns and this new plan does 454 00:41:53,920 --> 00:41:58,960 not add any additional traffic to Pennsylvania the proposed landscape plan 455 00:41:58,960 --> 00:42:03,440 shows approximately 52 percent landscape area and 70 percent tree canopy cover 456 00:42:03,440 --> 00:42:07,520 street trees are placed along Teasley and the new right of way and those are 457 00:42:07,520 --> 00:42:11,780 both outlined on the plan in blue they are proposing parking lot landscaping 458 00:42:11,780 --> 00:42:17,280 including end caps and landscape islands with the tree in each this does meet the 459 00:42:17,280 --> 00:42:21,240 criteria for approval it's consistent with the 2040 comprehensive plan and the 460 00:42:21,240 --> 00:42:25,700 future land use map it's also compatible with the surrounding area approval of 461 00:42:25,700 --> 00:42:29,240 this SUP is not expected to generate significant adverse environmental 462 00:42:29,240 --> 00:42:34,440 infrastructure or fiscal impacts public outreach was done an ad was posted in 463 00:42:34,440 --> 00:42:38,160 the newspaper on the website and a sign was posted on the property we mailed out 464 00:42:38,160 --> 00:42:42,200 notices to everyone within 500 feet and at the time that we sent out your backup 465 00:42:42,200 --> 00:42:46,040 we had only received one response in opposition that has now changed we 466 00:42:46,040 --> 00:42:50,960 received two for a total of 5.3 percent in one response in favor from one 467 00:42:50,960 --> 00:42:55,440 property owner who owns seven parcels and that is approximately 30% in favor 468 00:42:55,440 --> 00:43:01,680 there were also neighborhood meetings held on January 24th and May 1st staff 469 00:43:01,680 --> 00:43:05,080 does recommend approval of the SUP with the following conditions and many of 470 00:43:05,080 --> 00:43:09,080 these are typical SUP conditions I won't read all of these to you the site plan 471 00:43:09,080 --> 00:43:12,520 in the landscape plan will substantially comply to what has been attached 472 00:43:12,520 --> 00:43:16,640 Teasley is a text out roadway so any improvements within the text that roadway 473 00:43:16,640 --> 00:43:20,880 do require approval by text dot any minor alterations to relocate the 474 00:43:20,880 --> 00:43:25,120 proposed right of way that extends south of Teasley Lane Lee relocate parking 475 00:43:25,120 --> 00:43:29,880 spaces impacted by that relocation or at a turn lane can be approved by staff 476 00:43:29,880 --> 00:43:35,160 all other changes to the site access will require an SUP amendment happy to 477 00:43:35,160 --> 00:43:37,960 answer any questions and the applicant is also here and would like to speak and 478 00:43:37,960 --> 00:43:42,640 also to answer questions great thank you Ashley any questions for staff at this 479 00:43:42,640 --> 00:43:47,280 moment okay and you said the applicant does have a presentation she doesn't 480 00:43:47,280 --> 00:43:50,000 have a presentation but she would like to speak okay excellent we have a card 481 00:43:50,000 --> 00:43:56,960 so I'll invite the applicant here that would be great yep hello I'm super 482 00:43:56,960 --> 00:44:03,080 nervous I'm Cassie I'm dr. Epstein I currently have a practice in town right 483 00:44:03,080 --> 00:44:09,240 on the other side of the South Branch Library on Teasley I've moved here in 484 00:44:09,240 --> 00:44:13,280 2000 I think this is the right development partially because I bought 485 00:44:13,280 --> 00:44:16,600 it from dr. Wright I'm not sure how that name became attached to it but I assume 486 00:44:16,600 --> 00:44:22,240 that's part of it but I've worked closely with the city shelter and with 487 00:44:22,240 --> 00:44:27,520 I've been here for 20 years and I'm not looking to make anything big or move 488 00:44:27,520 --> 00:44:32,800 this I just want a more suitable home for my clinic we're currently in an old 489 00:44:32,800 --> 00:44:39,120 house and it's not purpose-built and we're kind of bumping into each other 490 00:44:39,120 --> 00:44:45,120 and I just want to be able to still take care of them and keep the neighborhood 491 00:44:45,120 --> 00:44:50,320 also still pretty green and friendly I live around the corner on Santa Monica 492 00:44:50,320 --> 00:44:56,120 so just want to be able to walk to work with my kids and keep it as green as 493 00:44:56,120 --> 00:45:03,760 possible in that area so great any questions thank you dr. I'm seeing any 494 00:45:03,760 --> 00:45:09,860 questions Commissioner Thacker so I noticed on the model that there was like 495 00:45:09,860 --> 00:45:15,720 a fenced in area for running what is the noise impact for the people that live on 496 00:45:15,720 --> 00:45:21,960 Carmel it's just for walking dogs in a fenced area since we're on a busy road I 497 00:45:21,960 --> 00:45:27,080 don't want people even on leash dogs can get away from you so it's just a 498 00:45:27,080 --> 00:45:32,600 secondary like safety measure so that we don't have anybody loose I don't want 499 00:45:32,600 --> 00:45:37,360 them walking dogs like right near Teasley with only a leash okay fair enough so 500 00:45:37,360 --> 00:45:42,240 thanks we won't have any boarding or like overnight things or anything like 501 00:45:42,240 --> 00:45:48,600 that it's just a day practice yes and you're good commissioner Thacker do you 502 00:45:48,600 --> 00:45:52,200 know do doggy daycare or anything like that yeah it is just it is your practice 503 00:45:52,200 --> 00:45:56,680 I'm it's my it's you with with one other doctor yeah and I have enough 504 00:45:56,680 --> 00:46:02,780 responsibility under my belt and I'm not the time to sell the corporate and make 505 00:46:02,780 --> 00:46:07,560 all the big bucks has passed and it will be me until I die like this is been here 506 00:46:07,560 --> 00:46:12,560 20 years I'll be another 20 years I guess before I retire and this is this is what 507 00:46:12,560 --> 00:46:20,080 I do yeah awesome okay thank you any further questions okay thank you for 508 00:46:20,080 --> 00:46:23,120 being here thank you appreciate it appreciate it thank you oh this is a 509 00:46:23,120 --> 00:46:26,760 public hearing I don't have any cards to speak on this item but anyone is welcome 510 00:46:26,760 --> 00:46:32,880 to speak anyone wishing to speak on this item come on down just state your name 511 00:46:32,880 --> 00:46:37,720 and addressing your time will begin hi hi my name is Robert Autry I'm a member 512 00:46:37,720 --> 00:46:43,000 of the parks board for the city of Denton and a former employee of dr. 513 00:46:43,000 --> 00:46:48,960 Epstein's I just wanted to say that Cassie does do a great job for the city 514 00:46:48,960 --> 00:46:57,120 she's been on you know boards for the city so on behalf of current and former 515 00:46:57,120 --> 00:47:02,960 employees I would just also like to reiterate the need for a new nice 516 00:47:02,960 --> 00:47:11,520 purpose-built building thank you thank you is there anyone else wishing to 517 00:47:11,520 --> 00:47:20,600 speak on this item okay with that I will close the public hearing and open the 518 00:47:20,600 --> 00:47:24,600 floor for a motion or discussion 519 00:47:27,120 --> 00:47:38,600 Commissioner Villarreal I move approval Commissioner Thacker second we've got a 520 00:47:38,600 --> 00:47:46,640 first and a second for approval is there any further discussion okay we'll go 521 00:47:46,640 --> 00:47:49,480 ahead and vote on the board please 522 00:47:57,120 --> 00:48:07,280 that motion carries five zero and that will take us to 4c s24 0002 Aaron is 523 00:48:07,280 --> 00:48:11,800 here for presentation and I will open the public hearing 524 00:48:11,800 --> 00:48:22,880 good evening chair members of the commission Aaron Stanley assistant 525 00:48:22,880 --> 00:48:31,400 planner this is s24 - 0 0 0 2 this is an amendment request to specific use permit 526 00:48:31,400 --> 00:48:37,880 2003 - 325 to amend the original site plan of an existing financial 527 00:48:37,880 --> 00:48:43,000 institution to put to allow for a reduction in the number of drive-through 528 00:48:43,000 --> 00:48:47,920 banking lanes and replace some of these with additional parking the site is 529 00:48:47,920 --> 00:48:52,680 located here in the Teasley Commons shopping center southwest of Teasley 530 00:48:52,680 --> 00:48:58,880 Wind River and Lillian B Miller and the current zoning is mixed use 531 00:48:58,880 --> 00:49:06,680 neighborhood and future zoning is neighborhood mixed use so in 2003 a 532 00:49:06,680 --> 00:49:11,160 detailed site plan was approved with a specific use permit to allow for 533 00:49:11,160 --> 00:49:16,660 drive-through uses for the Dacu building and the original site plan as you can 534 00:49:16,660 --> 00:49:21,520 see here in the upper right corner allowed for six drive-through banking 535 00:49:21,520 --> 00:49:27,880 lanes and 20 parking spaces on site just north of those all in a row over the 536 00:49:27,880 --> 00:49:33,480 years since 2003 there have been several changes to the site you'll see these 20 537 00:49:33,480 --> 00:49:39,960 parking spaces there are now 14 to allow for a dumpster a handicap handicap spot 538 00:49:39,960 --> 00:49:47,040 and an ADA loading space and there are five drive-through banking lanes and a 539 00:49:47,040 --> 00:49:54,240 access drive around the southern portion so the original SUP in 2003 did not for 540 00:49:54,240 --> 00:49:58,360 allow for any minor modifications to the site and so the director has 541 00:49:58,360 --> 00:50:03,040 determined that an amendment to the SUP would require adoption of a new ordinance 542 00:50:03,040 --> 00:50:13,960 and an updated site plan so so the specifically the request is going to be 543 00:50:13,960 --> 00:50:19,000 to reduce from the existing five drive-through lanes to three drive-through 544 00:50:19,000 --> 00:50:25,760 lanes that you see here on the right and to add five parking spaces to total 19 545 00:50:25,760 --> 00:50:31,000 on site so as I previously mentioned the original site plan called for 20 today 546 00:50:31,000 --> 00:50:38,560 we have 14 and they're going to add five to total 19 and six bicycle spaces will 547 00:50:38,560 --> 00:50:44,640 be provided on site as parking relief this updated plan will also extend the 548 00:50:44,640 --> 00:50:48,000 pedestrian pathway around the side of the building that's to the southern 549 00:50:48,000 --> 00:50:52,280 portion of the building to connect to these new parking spaces and they are 550 00:50:52,280 --> 00:50:56,480 also proposing an 88 square foot vestibule vestibule on the front of the 551 00:50:56,480 --> 00:51:00,640 building to serve as the main entrance and really just to match the other 552 00:51:00,640 --> 00:51:06,960 Dacu sites in the city there will also be a landscape plan approved with the 553 00:51:06,960 --> 00:51:12,680 updated site plans with with this they showed that they are still meeting they 554 00:51:12,680 --> 00:51:18,520 required 20% landscape area providing night or providing 22% in the 555 00:51:18,520 --> 00:51:24,840 development impact area and tree canopy is increasing to 42% by adding this one 556 00:51:24,840 --> 00:51:34,320 tree here to close to the added parking so staff reviewed the request against 557 00:51:34,320 --> 00:51:41,480 both of the original site specific use permit from 2003 and the Denton the 558 00:51:41,480 --> 00:51:46,560 Denton Development Code in 2019 and found that it is matches the standards 559 00:51:46,560 --> 00:51:50,880 of the original site plan and the current code to the greatest extent 560 00:51:50,880 --> 00:51:56,160 possible the proposal is also consistent with the comprehensive plan and future 561 00:51:56,160 --> 00:52:02,240 land use map and the current zoning district and as this is an existing site 562 00:52:02,240 --> 00:52:07,600 these improvements or changes on site are not expected to generate any 563 00:52:07,600 --> 00:52:11,320 substantial impact to surrounding properties roadways or the environment 564 00:52:11,320 --> 00:52:15,520 and utilities are not changing either with this they currently serve the site 565 00:52:15,520 --> 00:52:22,480 and will continue to serve the site and staff conducted public outreach we mailed 566 00:52:22,480 --> 00:52:29,640 200 foot notices to 12 properties and 500 foot courtesy notices to all 567 00:52:29,640 --> 00:52:34,840 residents within the 500 feet we did receive four responses in favor from the 568 00:52:34,840 --> 00:52:38,560 neighboring properties the commercial properties in the Teasley common 569 00:52:38,560 --> 00:52:46,320 shopping center totaling 58% in favor and staff is recommending approval of 570 00:52:46,320 --> 00:52:51,760 the SCP amendment with a few conditions primarily these are just going to allow 571 00:52:51,760 --> 00:52:57,520 for future minor modifications for things like a reduction in parking space 572 00:52:57,520 --> 00:53:02,440 or a slight reduction in the building coverage and to allow for staff to change 573 00:53:02,440 --> 00:53:06,680 any depicted locations of the on-site pedestrian pathways or individual 574 00:53:06,680 --> 00:53:14,200 plantings things like that and with that is my presentation I believe the 575 00:53:14,200 --> 00:53:18,440 applicant is here I don't know if he wants to speak but to answer any 576 00:53:18,440 --> 00:53:22,800 questions great thank you Aaron appreciate it any questions for staff at 577 00:53:22,800 --> 00:53:29,560 this point okay thank you this is a public hearing I don't have cards 578 00:53:29,560 --> 00:53:32,520 wishing to speak but if there is anyone who would like to come and speak on this 579 00:53:32,520 --> 00:53:39,160 item please feel free okay I'll go ahead and close the public hearing I'll open 580 00:53:39,160 --> 00:53:45,680 the floor for a motion or discussion Commissioner Pruitt I'll move approval 581 00:53:45,680 --> 00:53:49,760 is presented and I just want to thank staff for updating this older ordinance 582 00:53:49,760 --> 00:53:55,680 so that it follows our current practice best practice of understanding the minor 583 00:53:55,680 --> 00:53:59,000 modifications are sometimes necessary in the future thank you 584 00:53:59,000 --> 00:54:04,220 Commissioner Thacker I second and echo what Pruitt said very good got a first 585 00:54:04,220 --> 00:54:11,080 and a second for approval any discussion okay let's go ahead and vote please 586 00:54:11,080 --> 00:54:19,760 that motion carries five zero that will take us to our next public hearing item 587 00:54:19,760 --> 00:54:25,560 for this evening for dpda two three zero zero zero five Mia is here for 588 00:54:25,560 --> 00:54:34,240 presentation and I will open the public hearing good evening chair members of 589 00:54:34,240 --> 00:54:42,280 the Commission Mia Heinz this item PDA 23 - zero zero zero five is a request to 590 00:54:42,280 --> 00:54:48,480 establish a site plan for an auto fuel and auto wash development the site is 591 00:54:48,480 --> 00:54:52,360 approximately four point three acres located at the southeast corner of 592 00:54:52,360 --> 00:54:59,120 vintage Boulevard and I 35 W the existing zoning is PD 139 with the 593 00:54:59,120 --> 00:55:05,040 conceptual development for this area as business village and I'll get into the 594 00:55:05,040 --> 00:55:10,520 PD here in a second and the future land use designation for this site is regional 595 00:55:10,520 --> 00:55:17,180 mixed use so under PD 139 originally established in 1991 it included 596 00:55:17,180 --> 00:55:23,080 approximately 450 acres and this site was included as a part of that plan 597 00:55:23,080 --> 00:55:28,000 development again the initial concept for the development of this site was a 598 00:55:28,000 --> 00:55:36,960 business village in 1999 that PD was amended to establish this area as a sort 599 00:55:36,960 --> 00:55:48,640 of regional mixed use type of area under after the revision in 1999 the PD 139 600 00:55:48,640 --> 00:55:54,240 was amended again in 2002 and then in 2022 there was a plan development 601 00:55:54,240 --> 00:55:58,960 amendment for the multifamily site to the south the reason that the site plan 602 00:55:58,960 --> 00:56:02,800 is become coming before this body the applicant is not proposing any 603 00:56:02,800 --> 00:56:08,640 substantive change changes to the existing PD language they are simply 604 00:56:08,640 --> 00:56:12,280 establishing a site plan for the development of a use that is already 605 00:56:12,280 --> 00:56:18,560 permitted on this site per the standards and requirements that were adopted in 606 00:56:18,560 --> 00:56:23,680 place at the time that this PD was adopted so with that proposed site plan 607 00:56:23,680 --> 00:56:28,600 they are proposing a approximately 9300 square foot travel center with a 608 00:56:28,600 --> 00:56:34,240 restaurant on the side 53 approximately just over 5300 square foot car wash 609 00:56:34,240 --> 00:56:40,280 also and those are shown there in brown and a point nine seven acre pad side to 610 00:56:40,280 --> 00:56:45,880 the east that has not had or it has not identified an end user or development 611 00:56:45,880 --> 00:56:51,720 site plan the overall landscape percentage coverage is 40% of the street 612 00:56:51,720 --> 00:56:56,400 yard as required per again the landscape ordinance in existence at the time of 613 00:56:56,400 --> 00:57:03,640 this PD as far as access and connectivity for the moment they are 614 00:57:03,640 --> 00:57:07,880 proposing to reconstruct the existing ten foot wide side path along vintage 615 00:57:07,880 --> 00:57:13,960 boulevard to align with their eastbound right turn lane that's required for this 616 00:57:13,960 --> 00:57:21,200 site in general the access point shown there to the west on side 35 circled in 617 00:57:21,200 --> 00:57:26,720 red it will be a emergency only access point the point shown in green is 618 00:57:26,720 --> 00:57:35,440 intended to be a entrance and exit point on vintage boulevard the yellow points 619 00:57:35,440 --> 00:57:40,680 are pedestrian connectivity connection points and stubs the one to the south is 620 00:57:40,680 --> 00:57:45,200 to the existing multifamily development and off-street pedestrian connection 621 00:57:45,200 --> 00:57:53,000 point and then there are also two cross access points shown there in blue 622 00:57:53,000 --> 00:57:58,800 additionally as a part of off-site or off-street improvements attached to this 623 00:57:58,800 --> 00:58:02,320 development they will be required to construct an eastbound right turn lane 624 00:58:02,320 --> 00:58:06,760 on vintage boulevard a westbound left turn lane on vintage boulevard and a 625 00:58:06,760 --> 00:58:10,680 median opening on message boulevard to ensure that this development has 626 00:58:10,680 --> 00:58:18,320 adequate transportation or vehicular service this request is in line with the 627 00:58:18,320 --> 00:58:23,760 criteria for approval in our current development code specifically the 628 00:58:23,760 --> 00:58:27,120 proposed development is consistent with the didn't 2040 comprehensive plans 629 00:58:27,120 --> 00:58:31,200 future land use designation of regional mixed use as it allows for the 630 00:58:31,200 --> 00:58:35,720 development of those region to regional uses the proposed development complies 631 00:58:35,720 --> 00:58:39,640 with the development standards applicable to this PD again those are the 632 00:58:39,640 --> 00:58:43,300 standards that were initially established under that 1969 zoning 633 00:58:43,300 --> 00:58:48,520 ordinance and the landscape ordinance from the 1990s this request does not 634 00:58:48,520 --> 00:58:54,000 propose to remove any restrictions of the existing PD and adds additional 635 00:58:54,000 --> 00:59:00,080 conditions given the existing context and and the proposed site plan we did 636 00:59:00,080 --> 00:59:06,840 perform public outreach per our code to up to this point we have not received 637 00:59:06,840 --> 00:59:12,560 any responses in favor or in opposition of the proposed site plan and with that 638 00:59:12,560 --> 00:59:16,440 staff is recommending approval subject to the conditions fully detailed and 639 00:59:16,440 --> 00:59:19,920 laid out in your backup but just to mention some of those and some of those 640 00:59:19,920 --> 00:59:24,240 improvements that I mentioned in this presentation that emergency access or the 641 00:59:24,240 --> 00:59:30,480 point off of I 35 W shall be emergency access only until such time as text dot 642 00:59:30,480 --> 00:59:36,120 reconstruction of I 35 frontage road right away improvements for vintage 643 00:59:36,120 --> 00:59:39,880 boulevard shall include an eastbound right turn lane westbound left turn lane 644 00:59:39,880 --> 00:59:45,120 and median opening with vintage within vintage boulevard constructed per city 645 00:59:45,120 --> 00:59:50,240 standards at this time I will take any questions or comments that you have and 646 00:59:50,240 --> 00:59:53,000 I believe I did see the owner and applicant in the crowd if you have any 647 00:59:53,000 --> 00:59:57,080 questions and for them thank you meal appreciate it any questions right now 648 00:59:57,080 --> 01:00:05,880 for me oh well done thank you this is a public hearing I don't have a card for 649 01:00:05,880 --> 01:00:09,120 anyone wishing to speak but if you'd like to come on up to the podium and 650 01:00:09,120 --> 01:00:16,100 state your name and address and your time will begin hello hello good evening 651 01:00:16,100 --> 01:00:22,720 my name is Mohammed Sharaf I am at why oh five 105 YMCA Drive in Waxahachie I am 652 01:00:22,720 --> 01:00:27,200 representing the ownership Victron energy incorporated we'll keep it short 653 01:00:27,200 --> 01:00:32,240 and sweet for you guys we have been working with staff they've been honestly 654 01:00:32,240 --> 01:00:36,640 really great to work with one of the better cities we've recently developed 655 01:00:36,640 --> 01:00:41,640 in for the better part of a year here a little bit on our company Victron energy 656 01:00:41,640 --> 01:00:46,080 were the largest my family owns it with largest family-owned convenience store 657 01:00:46,080 --> 01:00:50,480 operator in the state of Texas we're based just south of Dallas Waxahachie we 658 01:00:50,480 --> 01:00:54,400 have 200 convenience stores and travel centers we own and operate and we're also 659 01:00:54,400 --> 01:00:58,720 franchisees with multiple different restaurant brands and we also own and 660 01:00:58,720 --> 01:01:02,760 operate car washes and so the plan here is we're going to a travel center with a 661 01:01:02,760 --> 01:01:07,200 barbecue restaurant our travel center brand is called Texas best smokehouse you 662 01:01:07,200 --> 01:01:12,120 guys may have seen it traveling on some of the highways on I-20 or 35 South or 663 01:01:12,120 --> 01:01:17,680 so on and we're going to a Sonic restaurant here and then a car wash so 664 01:01:17,680 --> 01:01:25,280 in short if you have any questions just let me know we the original zoning on 665 01:01:25,280 --> 01:01:30,120 this property was I would say very favorable to the user maybe not so 666 01:01:30,120 --> 01:01:34,560 favorable to the city it had like five foot setbacks and almost a landscaping 667 01:01:34,560 --> 01:01:38,880 requirement things like that and and the staff you know sort of asked us to 668 01:01:38,880 --> 01:01:43,000 consider complying with the city's modern code requirements even though 669 01:01:43,000 --> 01:01:47,240 perhaps technically we didn't absolutely have to but we were happy to do that and 670 01:01:47,240 --> 01:01:51,120 so happy to be presenting this and putting it forward you know with no 671 01:01:51,120 --> 01:01:56,920 variances based off of the current city's zoning and code so again if you 672 01:01:56,920 --> 01:02:00,680 have any questions or comments I'm right here otherwise thank you very much thank 673 01:02:00,680 --> 01:02:06,520 you for being here any questions okay thank you this is a public hearing is 674 01:02:06,520 --> 01:02:11,160 there anyone else wishing to speak on this item okay I'll go ahead and close 675 01:02:11,160 --> 01:02:25,040 the public hearing and open the floor for a motion or discussion I will go 676 01:02:25,040 --> 01:02:29,920 ahead and move approval of this item as presented Mia thank you for doing a 677 01:02:29,920 --> 01:02:33,480 great job in making things concise and understandable of what we were actually 678 01:02:33,480 --> 01:02:37,760 looking at here so thank you very much Commissioner Villarreal second okay 679 01:02:37,760 --> 01:02:42,640 we've got a first and a second for approval is there any discussion okay 680 01:02:42,640 --> 01:02:45,640 let's go ahead and vote please 681 01:02:45,640 --> 01:02:55,520 okay that motion carries five zero that will take us to our final public hearing 682 01:02:55,520 --> 01:03:01,400 item tonight that's 4e DCA two three zero zero zero two I will go ahead and 683 01:03:01,400 --> 01:03:09,320 open the public hearing and Angie is here for presentation okay good evening 684 01:03:09,320 --> 01:03:13,400 chair members of the Commission Angie Manglaris development review manager here 685 01:03:13,400 --> 01:03:19,840 to present DCA 23 zero zero zero two F it's a short-term rental code amendment 686 01:03:19,840 --> 01:03:26,140 updates before we dive right into our conversation wanted to touch on hotel 687 01:03:26,140 --> 01:03:31,000 occupancy taxes real quick as they they were they were brought up quite a bit in 688 01:03:31,000 --> 01:03:35,080 our town hall that we held last week hotel occupancy taxes are currently 689 01:03:35,080 --> 01:03:40,640 required by the development code for short-term rental operators short I'm 690 01:03:40,640 --> 01:03:46,240 sorry hotel occupancy tax is authorized by this Texas state tax code and was 691 01:03:46,240 --> 01:03:51,480 approved by city ordinance and so the the the use of hotel occupancy taxes is 692 01:03:51,480 --> 01:03:55,520 not really part of this land use discussion it is approved by it by city 693 01:03:55,520 --> 01:04:00,440 council and has been in effect since the 1990s it is a current requirement we're 694 01:04:00,440 --> 01:04:05,560 not proposing to change that requirement as part of this discussion having said 695 01:04:05,560 --> 01:04:12,280 that the item before you this evening is to update our table of allowed uses use 696 01:04:12,280 --> 01:04:16,360 specific standards generally commercial use specific standards parking 697 01:04:16,360 --> 01:04:20,160 requirements and definitions as they relate to the regulation of short-term 698 01:04:20,160 --> 01:04:26,400 rentals reason being as staff was going through and looking at short-term rental 699 01:04:26,400 --> 01:04:30,120 regulations in light of the continuing evolving litigation surrounding the use 700 01:04:30,120 --> 01:04:34,720 public engagement was held and public engagement found that concerns related 701 01:04:34,720 --> 01:04:39,400 to the impacts of short-term rentals on residential neighborhoods was relatively 702 01:04:39,400 --> 01:04:44,560 high the amendments are intended to limit those potential impacts while 703 01:04:44,560 --> 01:04:48,480 strengthening the city's ability to enforce STR regulations as issues may 704 01:04:48,480 --> 01:04:52,760 arise in addition these amendments are designed to ensure compliance with 705 01:04:52,760 --> 01:04:56,920 recently established legal precedent as well as strengthen the enforcement of 706 01:04:56,920 --> 01:05:01,200 our short-term rental regulations to ensure that we are seeing compliance 707 01:05:01,200 --> 01:05:04,960 with these regulations as well as aid in the collection of hotel occupancy taxes 708 01:05:04,960 --> 01:05:09,720 a little bit about where we are today with short-term rentals short-term 709 01:05:09,720 --> 01:05:12,960 rentals are currently allowed in all of our residential zoning districts by right 710 01:05:12,960 --> 01:05:17,200 as well as in the neighborhood mixed-use zoning district short-term rentals are 711 01:05:17,200 --> 01:05:20,520 currently defined as the rental of an entire dwelling unit for monetary 712 01:05:20,520 --> 01:05:24,440 consideration for a period of time of less than 30 days this is a different 713 01:05:24,440 --> 01:05:28,960 definition than what consists of a hotel registration is currently required a 714 01:05:28,960 --> 01:05:33,560 local emergency contact or a 24-hour contact is currently required and there 715 01:05:33,560 --> 01:05:36,840 is no cap on the number of short-term rentals that may exist within the city 716 01:05:36,840 --> 01:05:41,800 limits a little bit of more background on this this project really started at 717 01:05:41,800 --> 01:05:45,120 the beginning of 2023 to comply with rulings that came out of the Fifth 718 01:05:45,120 --> 01:05:49,640 Circuit which held that STR applicants being required to demonstrate that the 719 01:05:49,640 --> 01:05:54,320 dwelling is their primary residence was unconstitutional staff determined that 720 01:05:54,320 --> 01:05:57,800 there was a DDC requirement at that time that was in conflict with this and it 721 01:05:57,800 --> 01:06:01,520 didn't need to be addressed that has been since amended that was approved back 722 01:06:01,520 --> 01:06:06,920 in July of 2023 however during this time staff did a review of the city's STR 723 01:06:06,920 --> 01:06:11,360 requirements as I said recent litigation surrounding the land use as well as how 724 01:06:11,360 --> 01:06:17,360 other cities in the metroplex and the state are regulating short-term rentals 725 01:06:17,360 --> 01:06:20,640 as we reviewed we worked with the development code review committee in 726 01:06:20,640 --> 01:06:24,880 several areas were identified where there was need for an improvement some 727 01:06:24,880 --> 01:06:28,120 of that was just clarification and consolidation of existing language that 728 01:06:28,120 --> 01:06:33,440 we had in our DDC that included refining what consists of a short-term rental to 729 01:06:33,440 --> 01:06:39,220 allow for bedrooms to be listed as well as whole units that included refining 730 01:06:39,220 --> 01:06:42,800 what a local emergency contact was and making sure that the ordinance was clear 731 01:06:42,800 --> 01:06:47,520 that that is pointing to a definition that exists in the DDC some revisions 732 01:06:47,520 --> 01:06:50,600 were made to the advertisement requirements for short-term rentals and 733 01:06:50,600 --> 01:06:55,800 then additional clarification for enforcement and revocation policies as 734 01:06:55,800 --> 01:06:59,440 well as starting to consider maximum densities for short-term rentals so that 735 01:06:59,440 --> 01:07:03,000 discussion really went on for a lot of 2023 and it was followed by a heavy 736 01:07:03,000 --> 01:07:08,240 public engagement plan there were two town halls conducted in the summer of 737 01:07:08,240 --> 01:07:12,040 2023 to start putting the word out about the potential amendments and talked to 738 01:07:12,040 --> 01:07:17,360 residents about it in addition a survey was conducted online it was open for a 739 01:07:17,360 --> 01:07:22,560 approximately three weeks and about 220 individuals responded to the 20 question 740 01:07:22,560 --> 01:07:27,520 survey results indicated a desire to maintain the integrity of established 741 01:07:27,520 --> 01:07:31,400 single-family neighborhoods while also possibly allowing higher densities of 742 01:07:31,400 --> 01:07:36,320 short-term rentals in other areas of the city at that time staff as well along 743 01:07:36,320 --> 01:07:39,800 with the DC RC began exploring different thresholds for short-term rentals and 744 01:07:39,800 --> 01:07:44,400 residential areas while still allowing for those uses to exist in non 745 01:07:44,400 --> 01:07:49,080 residential areas such as our mixed-use areas and throughout the fall of 2023 746 01:07:49,080 --> 01:07:54,640 the DC RC and staff really explored that density limitation having said all of 747 01:07:54,640 --> 01:07:58,160 that and giving you some background I'm going to go over the proposed amendments 748 01:07:58,160 --> 01:08:02,320 that we're considering this evening so the proposed amendments would allow a 749 01:08:02,320 --> 01:08:06,800 short-term rental by right by any zoning district that allows for a short-term 750 01:08:06,800 --> 01:08:11,200 I'm sorry for a residential use so this extends it to all of our mixed-use 751 01:08:11,200 --> 01:08:17,840 districts as well as SC HC and geo in addition you specific standards were 752 01:08:17,840 --> 01:08:22,400 modified to remove to add short-term rentals as those land uses that are 753 01:08:22,400 --> 01:08:25,680 exempt from maximum persons occupying a dwelling unit in light of recent 754 01:08:25,680 --> 01:08:31,320 legislation proposed amendments to the text modify the registration process to 755 01:08:31,320 --> 01:08:35,720 clarify that a bedroom or an entire unit may be listed as a short-term rental it 756 01:08:35,720 --> 01:08:39,480 does require that the management company be provided when that's applicable as 757 01:08:39,480 --> 01:08:43,560 well as better clarify what constitutes a local emergency contact and that it's a 758 01:08:43,560 --> 01:08:50,460 defined term in the DDC registration certificates is a new proposal as part 759 01:08:50,460 --> 01:08:54,960 of these amendments as probably one of the more substantial changes so I will 760 01:08:54,960 --> 01:08:58,360 break it down as to how that affects residential property residentially zoned 761 01:08:58,360 --> 01:09:02,080 properties and then our commercially zoned areas so registration certificates 762 01:09:02,080 --> 01:09:07,720 and residential zoning areas are limited to 1,000 registration certificates 763 01:09:07,720 --> 01:09:13,680 issued per calendar year this applies to all properties within rr through r7 764 01:09:13,680 --> 01:09:17,440 zoning the development services department shall process those 765 01:09:17,440 --> 01:09:21,600 applications in the order in which they're received in the event that the 766 01:09:21,600 --> 01:09:25,080 number 1,000 is ever reached in a calendar year applications will stop 767 01:09:25,080 --> 01:09:31,200 being accepted and individuals could be will be asked to wait a maximum of two 768 01:09:31,200 --> 01:09:35,160 short-term rental registration certificates may be issued per parcel 769 01:09:35,160 --> 01:09:39,900 this would allow for an individual with a home and an adu to utilize both of 770 01:09:39,900 --> 01:09:45,160 those spaces for short-term rentals and then a short-term rental unit cannot be 771 01:09:45,160 --> 01:09:48,520 within a hundred feet of an existing short-term rental unit and this is 772 01:09:48,520 --> 01:09:52,840 measured at the at the property line so an individual the short-term rental on 773 01:09:52,840 --> 01:09:58,040 their parcel somebody new would like to come in the hundred foot property the 774 01:09:58,040 --> 01:10:01,400 hundred foot would be taken from the property line to property line to 775 01:10:01,400 --> 01:10:07,880 measure that separation distance in non-residential zoning districts which is 776 01:10:07,880 --> 01:10:12,080 all of our mixed-use zoning districts suburban corridor highway corridor and 777 01:10:12,080 --> 01:10:18,720 general office the thousand registration certificate cap does not apply for 778 01:10:18,720 --> 01:10:23,000 multifamily developments so five units or more no more than ten percent of a 779 01:10:23,000 --> 01:10:28,520 unit of those units could be listed as short-term rentals allowing at least two 780 01:10:28,520 --> 01:10:33,600 short-term rentals per per multifamily development and those within 781 01:10:33,600 --> 01:10:40,720 non-residential zoning districts are not subject to the 100 foot separation rule 782 01:10:40,720 --> 01:10:46,580 some additional changes and clarification that has been provided for 783 01:10:46,580 --> 01:10:50,440 in these amendments are to to clarify that a written safety briefing needs to 784 01:10:50,440 --> 01:10:54,240 be provided to guests upon you know arriving and what those responsibilities 785 01:10:54,240 --> 01:10:59,400 are for the management company to their guests notification of approval of a 786 01:10:59,400 --> 01:11:03,440 short-term rental that section was modified slightly just to clarify when 787 01:11:03,440 --> 01:11:06,000 notification goes out and what information needs to be included 788 01:11:06,000 --> 01:11:13,480 including that a local emergency contact subsection or number six is revising the 789 01:11:13,480 --> 01:11:17,940 registration term and fees which really specifies conditions under which a 790 01:11:17,940 --> 01:11:24,160 short-term rental permit may be revoked the right to inspect premises just kind 791 01:11:24,160 --> 01:11:27,280 of clarifying when those inspections should occur as part of this process 792 01:11:27,280 --> 01:11:32,840 when somebody registers and then finally some amendments were made to the minimum 793 01:11:32,840 --> 01:11:36,640 off-street parking we found our existing language to be a little confusing and so 794 01:11:36,640 --> 01:11:39,660 the parking has been revised to specify that the maximum number of vehicles 795 01:11:39,660 --> 01:11:45,320 allowed on-premise shall be limited to the available spaces on-site definitions 796 01:11:45,320 --> 01:11:48,920 were revised to to clarify that a short-term rental shall not be less than 797 01:11:48,920 --> 01:11:53,320 24 hours nor greater than 29 days and also allows for a bedroom to be 798 01:11:53,320 --> 01:11:58,000 considered as a short-term rental and then the local emergency contact 799 01:11:58,000 --> 01:12:01,480 definition again was just was modified to consolidate a little bit and make it 800 01:12:01,480 --> 01:12:07,680 more clear again in summary these these are updates to several sections of the 801 01:12:07,680 --> 01:12:11,000 debt and development code as it relates to the regulation of short-term rentals 802 01:12:11,000 --> 01:12:16,520 this is compliant with the criteria for approval for tax amendments and the DC 803 01:12:16,520 --> 01:12:21,560 and staff is recommending approval of these amendments which I just covered 804 01:12:21,560 --> 01:12:26,240 the next step would be City Council on June 4th and I'm happy to answer any 805 01:12:26,240 --> 01:12:30,360 questions you all may have thank you Angie any questions at the moment for 806 01:12:30,360 --> 01:12:36,920 Angie Angie for clarification of those here and watching and listening with 807 01:12:36,920 --> 01:12:41,000 regard to registration talk about that period and also about renewing a 808 01:12:41,000 --> 01:12:47,840 registration sure so the registration period runs the the registration 809 01:12:47,840 --> 01:12:52,280 validity period is is January 1 through December 31 so that is the the time 810 01:12:52,280 --> 01:12:57,880 period for which all registrations are valid for those that are currently 811 01:12:57,880 --> 01:13:02,320 registered so let's let's just say it's August 1st and we're in our new 812 01:13:02,320 --> 01:13:06,600 requirements they've gone into effect as the year starts to close if you have a 813 01:13:06,600 --> 01:13:11,760 current short-term rental permit and you're interested in renewing the 814 01:13:11,760 --> 01:13:15,720 renewal period for those existing short-term rental units is is open from 815 01:13:15,720 --> 01:13:20,080 November 1 through December 31 giving priority to those who already have an 816 01:13:20,080 --> 01:13:24,400 existing registration any new registrations for individuals seeking a 817 01:13:24,400 --> 01:13:27,840 new short-term rental permit could be accepted after after the first of the 818 01:13:27,840 --> 01:13:35,880 year okay thank you any other questions for Angie thank you very much okay this 819 01:13:35,880 --> 01:13:40,800 is a public hearing I do have some cards in front of me wishing to speak first I 820 01:13:40,800 --> 01:13:51,800 have is Mary Anderson hello hi you'll state your name and address your time 821 01:13:51,800 --> 01:13:57,880 will begin Mary Anderson 924 West Oak so I live in the historic district unlike 822 01:13:57,880 --> 01:14:02,320 people that many in this room I don't live in an HOA neighborhood HOA is by 823 01:14:02,320 --> 01:14:08,680 most part don't allow short-term rentals and I think that the proposal is a good 824 01:14:08,680 --> 01:14:14,760 start it's not hard enough I live near a UNT you need more rules and regulations 825 01:14:14,760 --> 01:14:18,720 who's gonna enforce these we can't even enforce speed or traffic or anything and 826 01:14:18,720 --> 01:14:22,960 did they race by 55 miles an hour down my street I'm talking oak so how are you 827 01:14:22,960 --> 01:14:26,120 going to enforce this nobody is enforcing we have two one or two code 828 01:14:26,120 --> 01:14:29,320 enforcements one or two motorcycle police it's all sounds good but there's 829 01:14:29,320 --> 01:14:33,920 no enforcement there's no teeth there's no penalties so you need to do more I'm 830 01:14:33,920 --> 01:14:36,800 not saying you shouldn't be able to have some but I don't need out-of-town people 831 01:14:36,800 --> 01:14:42,920 coming in and you've already told me 27 out of 250 known short-term rentals are 832 01:14:42,920 --> 01:14:47,840 not reporting so that's a huge number of non reporting how are you gonna find 833 01:14:47,840 --> 01:14:51,360 them cities are already spending thousands trying to find them talk to 834 01:14:51,360 --> 01:14:55,920 Plano talk to Arlington talk to Fort Worth there are plenty of non and Dallas 835 01:14:55,920 --> 01:14:59,800 all of these cities are doing more than we are doing so I think it's a good 836 01:14:59,800 --> 01:15:05,080 start you need to do more than what is here you know I'm for homes you're gonna 837 01:15:05,080 --> 01:15:09,560 limit the number of affordable homes to people by putting more of these in 838 01:15:09,560 --> 01:15:14,920 developers are gonna come in from out of town buy these whole things and turn 839 01:15:14,920 --> 01:15:19,640 them into short-term rentals let them go out to HOA's let them be in your 840 01:15:19,640 --> 01:15:23,960 backyard if they are not owner-occupied they should not be there just can't say 841 01:15:23,960 --> 01:15:32,480 enough about it thank you so much thank you next card I have wishing to speak is 842 01:15:32,480 --> 01:15:41,360 Francis punch hi let's take your name and address your time will begin I'm 843 01:15:41,360 --> 01:15:48,480 Francis punch I live at 2002 Wisteria Street I am the previous two-term chair 844 01:15:48,480 --> 01:15:53,240 for the parks board and the current vice-chair I am I want to make it clear 845 01:15:53,240 --> 01:16:00,280 that I am NOT opposed to amendments I agree I second our first speaker I think 846 01:16:00,280 --> 01:16:11,080 we do this is an awesome start I do think we need more stringent and the 847 01:16:11,080 --> 01:16:14,840 reason is because when I purchased my home I was drawn to didn't because of 848 01:16:14,840 --> 01:16:19,640 the family neighborhoods I think the continued uncontrolled growth of 849 01:16:19,640 --> 01:16:25,240 short-term rental rentals as coded I still has a few loopholes to allow 850 01:16:25,240 --> 01:16:31,560 neighborhoods to become slums that's what is they're going to become slums I 851 01:16:31,560 --> 01:16:36,800 think bed and breakfasts should be also included I think that's a loophole for 852 01:16:36,800 --> 01:16:39,880 people to have a bed and breakfast in the front of their house and 80 you in 853 01:16:39,880 --> 01:16:46,120 the back and two doors down have another short-term rental enforcement 854 01:16:46,120 --> 01:16:51,800 enforcement enforcement I can't say enough about it it is needed it needs to 855 01:16:51,800 --> 01:16:59,760 be highly visible to the public and I understand we currently have 250 856 01:16:59,760 --> 01:17:05,800 locations identified I personally suspect that this number is a small 857 01:17:05,800 --> 01:17:13,080 estimate I thank you for your time thank you Francis appreciate it next card 858 01:17:13,080 --> 01:17:18,640 wishing to speak is Marguerite Newell Neil 859 01:17:21,800 --> 01:17:34,400 hi there you'll state your name and address your time will begin my name is 860 01:17:34,400 --> 01:17:41,200 Marguerite Newell and I live at 731 Hillcrest and well in Denton and thank 861 01:17:41,200 --> 01:17:46,280 you so much for giving me this opportunity to speak tonight I'm here 862 01:17:46,280 --> 01:17:50,720 today is a long-term resident and property owner Denton County is known 863 01:17:50,720 --> 01:17:56,040 for its high property taxes ranking among the highest in Texas as an STR 864 01:17:56,040 --> 01:18:03,080 operator I have consistently contributed and also a long-term rental operator I've 865 01:18:03,080 --> 01:18:07,640 consistently contributed significantly to the community through these taxes 866 01:18:07,640 --> 01:18:13,560 meanwhile large developments like razor ranch often receive substantial tax 867 01:18:13,560 --> 01:18:19,760 incentives despite being non locally owned creating an uneven playing field 868 01:18:19,760 --> 01:18:25,320 for smaller property owners like myself STRs provide considerable economic 869 01:18:25,320 --> 01:18:29,760 benefits by attracting visitors who spend money locally thus boosting our 870 01:18:29,760 --> 01:18:35,920 city's revenue additionally STRs often host families and large groups who are 871 01:18:35,920 --> 01:18:39,560 visiting our local universities providing them with comfortable spaces 872 01:18:39,560 --> 01:18:43,760 where they can gather and enjoy their time together this not only supports the 873 01:18:43,760 --> 01:18:49,400 local economy but it also bolsters our educational institutions by accommodating 874 01:18:49,400 --> 01:18:54,120 prospective students and their families as a landlord with experience running to 875 01:18:54,120 --> 01:18:58,760 college students I can attest to the stark differences between long-term and 876 01:18:58,760 --> 01:19:04,480 short-term rentals long-term rentals often suffer from neglect and can become 877 01:19:04,480 --> 01:19:08,240 party hubs leading to issues with property maintenance and neighborhood 878 01:19:08,240 --> 01:19:13,960 peace in contrast STRs are typically better maintained due to the need for 879 01:19:13,960 --> 01:19:20,040 good reviews and continuous guests turnover moreover STRs provide essential 880 01:19:20,040 --> 01:19:24,840 accommodations for families and groups well I've already said that the city has 881 01:19:24,840 --> 01:19:29,760 yet to create a position to regulate long-term rentals but this has been done 882 01:19:29,760 --> 01:19:35,280 for STRs this is especially egregious when you consider that STRs constitute 883 01:19:35,280 --> 01:19:43,200 approximately 0.43 percent of all housing units in Denton the city of 884 01:19:43,200 --> 01:19:47,520 Denton has used substantial tax incentives to foster business development 885 01:19:47,520 --> 01:19:53,000 and economic growth since 1999 the city has awarded 30 economic development 886 01:19:53,000 --> 01:19:58,120 incentives totaling 22 million dollars notable projects like the fine arts 887 01:19:58,120 --> 01:20:04,720 theater theater renovation received 1.6 million in tax incentives highlighting 888 01:20:04,720 --> 01:20:09,840 the city's commitment to revitalizing key areas and supporting businesses where 889 01:20:09,840 --> 01:20:15,760 is this support for STR owners several legal precedents support the property 890 01:20:15,760 --> 01:20:20,720 the rights of property owners to use their properties for STRs and tar versus 891 01:20:20,720 --> 01:20:24,880 Timberwood Park Owners Association the Texas Supreme Court ruled that 892 01:20:24,880 --> 01:20:29,720 short-term rentals do not violate residential use deed restrictions 893 01:20:29,720 --> 01:20:34,300 as long as the property is used for residential purposes regardless of the 894 01:20:34,300 --> 01:20:38,520 duration of the stay this ruling reinforces the protection of property 895 01:20:38,520 --> 01:20:43,480 rights and sets a significant precedent for similar cases across Texas 896 01:20:43,480 --> 01:20:48,960 additionally a federal court ruling against Austin stringent STR regulations 897 01:20:48,960 --> 01:20:52,920 further supports the argument that local ordinances should not unreasonably 898 01:20:52,920 --> 01:20:57,560 restrict property rights the Texas Supreme Court decision an ongoing 899 01:20:57,560 --> 01:21:02,320 litigation highlight the importance of fair and balanced regulations that 900 01:21:02,320 --> 01:21:06,920 respect property owners rights while addressing community concerns the 901 01:21:06,920 --> 01:21:12,560 proposed STR on it ordinance amendments which include capping the number of STR 902 01:21:12,560 --> 01:21:18,760 registration certificates and imposing separation requirements unfairly target 903 01:21:18,760 --> 01:21:24,720 STR operators these regulation disproportionately affect properties 904 01:21:24,720 --> 01:21:33,680 owners such as these we provide economic benefits by attracting visitors who spend 905 01:21:33,680 --> 01:21:38,760 money locally contributing to the city's revenue this economic activity is often 906 01:21:38,760 --> 01:21:42,720 overlooked compared to these incentives given to larger non locally owned 907 01:21:42,720 --> 01:21:47,440 developments like razor ranch in conclusion I urge the city the 908 01:21:47,440 --> 01:21:51,480 Commission to reconsider these proposed amendments we should focus on fair and 909 01:21:51,480 --> 01:21:55,880 balanced regulations that recognize the contributions of STRs to Denton's 910 01:21:55,880 --> 01:22:00,600 economy and community let's work together and that sport and support all 911 01:22:00,600 --> 01:22:06,520 the property owners and with continued growth and vibrancy of our city thank you 912 01:22:06,520 --> 01:22:10,700 very much for your time thank you we've got a question for you 913 01:22:10,700 --> 01:22:14,920 Commissioner Pruitt thank you thank you for coming tonight and thank you for 914 01:22:14,920 --> 01:22:21,680 your your years of operating your small business within the city I do have one 915 01:22:21,680 --> 01:22:27,800 question because I've I've often wondered my understanding and staff 916 01:22:27,800 --> 01:22:33,560 please correct me if I'm wrong is that the county appraisal districts in Texas 917 01:22:33,560 --> 01:22:40,800 must appraise properties operated as a single-family residence that have a 918 01:22:40,800 --> 01:22:49,480 homestead exemption on them as only valued as much as that use would employ 919 01:22:49,480 --> 01:22:54,280 as opposed to perhaps valued more if the land underneath them would be more 920 01:22:54,280 --> 01:23:00,000 valuable than that from a redevelopment perspective are the short-term rentals 921 01:23:00,000 --> 01:23:05,520 that you operate since they don't have a homestead exemption on them do you have 922 01:23:05,520 --> 01:23:12,120 any insight into how didn't CAD treats that and the reason I ask is that we've 923 01:23:12,120 --> 01:23:19,080 heard comments from the community in the in the public engagement process of this 924 01:23:19,080 --> 01:23:26,400 that they're concerned that increased valuations of homes from short-term 925 01:23:26,400 --> 01:23:33,000 rental operations would impact their ability to stay within their own home if 926 01:23:33,000 --> 01:23:37,080 that makes sense that does make sense but I say that problem already exists 927 01:23:37,080 --> 01:23:43,640 with long-term rentals and as a long-term rental owner we we do not 928 01:23:43,640 --> 01:23:54,120 benefit from that 10% cap and I am continuously and I'm serious almost 929 01:23:54,120 --> 01:24:03,040 every single year I'm having to go in and and fight the increase in taxes so 930 01:24:03,040 --> 01:24:10,160 that's already there thank you thank you I guess I have a question to you 931 01:24:10,160 --> 01:24:17,160 because you spoke in very general terms with what you said what specifically in 932 01:24:17,160 --> 01:24:26,000 in this that that staff has presented tonight is bothersome to you yes the 933 01:24:26,000 --> 01:24:32,720 first one is well the cap is the cap in residential districts the cap and then 934 01:24:32,720 --> 01:24:38,840 also the hundred-foot measured by the property line that's going to be 935 01:24:38,840 --> 01:24:48,600 problematic there are several short-term rentals that are side by side and it's I 936 01:24:48,600 --> 01:24:55,240 I don't see how in the state of Texas where we really value individual 937 01:24:55,240 --> 01:25:01,200 property rights how that's going to be just when just one of those is able to 938 01:25:01,200 --> 01:25:08,800 operate and and again what honestly just really gets me because I own both 939 01:25:08,800 --> 01:25:18,480 long-term and short-term and I've lived beside rental houses for for quite a 940 01:25:18,480 --> 01:25:26,960 while the parties the noise the trash the upkeep my home for example that is 941 01:25:26,960 --> 01:25:32,080 the short-term rental it was a long-term rental prior to that and I would try to 942 01:25:32,080 --> 01:25:36,840 do landscaping it was never maintained if you were to drive by and see my home 943 01:25:36,840 --> 01:25:42,400 now I was out there today weeding it it's beautiful it's one of the nicest 944 01:25:42,400 --> 01:25:50,920 properties on the street so I just understand the fear that people have 945 01:25:50,920 --> 01:25:55,040 that oh no you're gonna have all these strangers coming into town you already 946 01:25:55,040 --> 01:25:59,920 have that you know and it's much worse with long-term rentals there is no 947 01:25:59,920 --> 01:26:05,440 regulation of that there is no oversight not been very frustrated by that the way 948 01:26:05,440 --> 01:26:11,200 that it's kept up across the street there is an actual music venue in the 949 01:26:11,200 --> 01:26:16,360 residential neighborhood it's in a home and they had a two-day music festival 950 01:26:16,360 --> 01:26:25,720 that's not house venues are not uncommon so if someone could share exactly and 951 01:26:25,720 --> 01:26:31,200 honestly rather than just an abstract fear of what's gonna happen what 952 01:26:31,200 --> 01:26:38,840 danger the STRs pose it's it's it's yeah that's that's it okay thank you very 953 01:26:38,840 --> 01:26:47,800 much okay thank you next card I have I think wishing to speak because I have 954 01:26:47,800 --> 01:26:58,800 two from the same person so Mark had a check I've got one wishing to speak and 955 01:26:58,800 --> 01:27:14,840 one not wishing to speak so you are wishing I'm here today to pose the 956 01:27:14,840 --> 01:27:18,720 regulations to the short-term rentals versus the long-term rentals I've been 957 01:27:18,720 --> 01:27:23,720 in real estate business of running for over 30 years and residential rentals 958 01:27:23,720 --> 01:27:29,180 have been getting astronomically worse with the I've got judgments of ten 959 01:27:29,180 --> 01:27:33,960 twenty thousand out the people no way to collect they destroy my home destroy my 960 01:27:33,960 --> 01:27:39,920 property I can't maintain it I lose rights to my property I've had 961 01:27:39,920 --> 01:27:45,480 situations where they were destroying my home and I called the PD and they were 962 01:27:45,480 --> 01:27:49,920 only able to keep the peace and keep us from beating up each other but they 963 01:27:49,920 --> 01:27:55,000 could not prevent them from tearing down the house and the PD said they can 964 01:27:55,000 --> 01:28:00,280 completely rip the house down and you can take them to court well there's no 965 01:28:00,280 --> 01:28:03,480 insurance companies gonna pay for that there's nobody but me that's gonna 966 01:28:03,480 --> 01:28:10,680 rebuild that home out of my pocket so it's detrimental to the environment of 967 01:28:10,680 --> 01:28:15,000 our community compared to long short-term rentals I am in control of my 968 01:28:15,000 --> 01:28:20,320 home at all times if they violate the law or the right the rules of the home 969 01:28:20,320 --> 01:28:24,640 I can immediately impose sanctions against their credit card their deposits 970 01:28:24,640 --> 01:28:31,200 and these people have money they come to town with expense accounts budgets I've 971 01:28:31,200 --> 01:28:37,520 been renting for two years phenomenal no court cases talked to Joe Holland the 972 01:28:37,520 --> 01:28:42,800 other night at the informational he used to be the precinct one judge he said 973 01:28:42,800 --> 01:28:48,680 there's absolutely about I'm in any cases from STRs in this community so the 974 01:28:48,680 --> 01:28:54,920 fear that we have against them is not valid the the complaints against long 975 01:28:54,920 --> 01:28:59,960 term rentals of hooligans running around or 60 years you know partiers in there 976 01:28:59,960 --> 01:29:07,200 or I can't kick them out because they have rights they have my owner rights and 977 01:29:07,200 --> 01:29:13,680 so you know if they park you know irregularly or they destroy your home 978 01:29:13,680 --> 01:29:18,000 we have no control but short-term rentals once again immediately if they 979 01:29:18,000 --> 01:29:21,560 violate anything we can immediately put sanctions on and we can immediately 980 01:29:21,560 --> 01:29:26,920 charge them or if we can post where they to park or not to park and everyone that 981 01:29:26,920 --> 01:29:32,560 has been in my home because I have an apartment built next to it they're hard 982 01:29:32,560 --> 01:29:37,840 working professionals their families come into the Texas Motor Speedway their 983 01:29:37,840 --> 01:29:42,760 families come into even hospitals for family emergencies there has never been 984 01:29:42,760 --> 01:29:49,920 once any parties no neighborhood problems where I'm in a small little 985 01:29:49,920 --> 01:29:55,040 home and another thing too is it's kind of doesn't seem fair that we're gonna 986 01:29:55,040 --> 01:30:00,360 hit him with the hotel tax we're already harvesting a beautiful amount of eight 987 01:30:00,360 --> 01:30:04,480 point two five percent from our existing bedrooms in our community that we've 988 01:30:04,480 --> 01:30:09,240 never harvested before do we have to go and plow them for another two percent 989 01:30:09,240 --> 01:30:16,200 that's unfair and we need to provide them you know taxation with 990 01:30:16,200 --> 01:30:20,400 representation so if we get taxed we need to have a billboard out on the 991 01:30:20,400 --> 01:30:27,360 highway welcome STRs and also too if we maintain lower fees we're gonna track 992 01:30:27,360 --> 01:30:32,400 more business to this community versus Dallas Carrollton or wherever and those 993 01:30:32,400 --> 01:30:36,720 people come here and they buy food they go to the restaurants they go to grocery 994 01:30:36,720 --> 01:30:44,920 stores and the very good part of our community I think and also too I had a 995 01:30:44,920 --> 01:30:49,720 tenant for three weeks their family was with me their home was getting worked on 996 01:30:49,720 --> 01:30:53,760 on insurance it was damaged through a storm or whatever unlike the storms we 997 01:30:53,760 --> 01:30:57,500 just experienced you know where these poor families gonna go they have to go 998 01:30:57,500 --> 01:31:03,000 to a hotel hotels are cold nasty germy you know I go through my home and clean 999 01:31:03,000 --> 01:31:08,320 it thoroughly every single time I can paint paint it take care of it at will 1000 01:31:08,320 --> 01:31:15,040 that's any questions thank you questions I do not see any thanks for coming to 1001 01:31:15,040 --> 01:31:19,840 speak appreciate it I do not have any other cards in front of me but is there 1002 01:31:19,840 --> 01:31:30,880 anyone else wishing to speak come on down you can fill out a card after but 1003 01:31:30,880 --> 01:31:34,080 if you'll state your name and address your time will begin hi sure hello 1004 01:31:34,080 --> 01:31:38,520 thank you for allowing me to speak my name is Philip bossan I'm a resident 1005 01:31:38,520 --> 01:31:46,680 here in Denton 1429 Kendal drive we my wife and I are new STR owners we've been 1006 01:31:46,680 --> 01:31:51,200 operating for less than a year and I just wanted to sort of support some of 1007 01:31:51,200 --> 01:31:57,000 the early speakers comments about reasonable and considerate option 1008 01:31:57,000 --> 01:32:03,680 operation of the facility so this STR is on our lot it's by our house so it's in 1009 01:32:03,680 --> 01:32:07,980 our own interest that it be maintained it's in our own interest that there be 1010 01:32:07,980 --> 01:32:14,280 no parties that things don't get out of hand and when we began constructing this 1011 01:32:14,280 --> 01:32:19,700 as an ADU for a future mother-in-law unit which one day will agree to come 1012 01:32:19,700 --> 01:32:24,000 live in it and then it will be that so it's in our interest to keep everything 1013 01:32:24,000 --> 01:32:27,360 beautiful to keep everything in good condition and the fact this is why we 1014 01:32:27,360 --> 01:32:33,040 decided not to do a long-term rental is because we put so much love and time into 1015 01:32:33,040 --> 01:32:42,160 it we want control and we're able to do this so through Verbo through Airbnb 1016 01:32:42,160 --> 01:32:48,200 it's clear from the get-go there are no parties there are quiet hours there are 1017 01:32:48,200 --> 01:32:52,880 rules and it clearly states that anyone in violation of that can immediately be 1018 01:32:52,880 --> 01:32:59,160 kicked out we if there were complaints we could call the police we could end it 1019 01:32:59,160 --> 01:33:04,480 and we haven't had anything like that we've had requests for people who wanted 1020 01:33:04,480 --> 01:33:09,920 to have parties and we had to turn them down we had requests for people who 1021 01:33:09,920 --> 01:33:15,360 wanted to stay longer than 30 days not by a lot and this happened to be a 1022 01:33:15,360 --> 01:33:22,460 visiting opera conductor for UNT because he was working on a program so I think 1023 01:33:22,460 --> 01:33:27,680 there needs to be some potential exception for duration of time if there 1024 01:33:27,680 --> 01:33:33,480 is maybe a provable need or some legitimate concern I think there needs 1025 01:33:33,480 --> 01:33:38,320 to be room for that I'd also like to state that from the beginning when we 1026 01:33:38,320 --> 01:33:43,240 began construction we were in communication with their neighbors we 1027 01:33:43,240 --> 01:33:48,280 sent we gave everyone letters that had all of our contact information we let 1028 01:33:48,280 --> 01:33:52,880 them know what the plans are we talked about the parking solution and the limit 1029 01:33:52,880 --> 01:33:58,760 to it so that it would not impact their street their homes and they know what it 1030 01:33:58,760 --> 01:34:05,080 is and all the guests that come to our place also know these rules they get the 1031 01:34:05,080 --> 01:34:13,320 same thing as well as that I'd like to sort of underscore the support of the 1032 01:34:13,320 --> 01:34:19,680 community so in our suggestions we have our welcome manual our welcome booklet 1033 01:34:19,680 --> 01:34:24,040 that's there it's all local it's like these are the local restaurants you 1034 01:34:24,040 --> 01:34:27,760 might want to go to these are the local breweries you might want to go to these 1035 01:34:27,760 --> 01:34:33,480 are the crafts these are the markets we use local landscapers we use local 1036 01:34:33,480 --> 01:34:40,200 nurseries we guide people if they request it we try to point them in the 1037 01:34:40,200 --> 01:34:46,080 direction of all kinds of interesting or fascinating things and I won't belabor 1038 01:34:46,080 --> 01:34:50,280 this too much more I'll keep this short but I can tell you that a lot of our 1039 01:34:50,280 --> 01:34:55,360 guests have a lot to do with TWU or UNT their families coming in they need some 1040 01:34:55,360 --> 01:35:01,120 time and space to look at the area to maybe look for a long-term solution we 1041 01:35:01,120 --> 01:35:05,440 have a kitchen we have laundry we have a comfortable small family space it's only 1042 01:35:05,440 --> 01:35:11,920 800 square foot to bedroom but yet it's set up to support all kinds of people 1043 01:35:11,920 --> 01:35:18,360 coming here for very legitimate reasons we haven't had any issues yet there have 1044 01:35:18,360 --> 01:35:22,440 been a couple occasions where we had to check people on parking just say hey we 1045 01:35:22,440 --> 01:35:26,720 you know what the rules are we have to do it this way or they requested that 1046 01:35:26,720 --> 01:35:30,280 more cars come and we had to decline saying we're not able to do that so I 1047 01:35:30,280 --> 01:35:34,280 just believe that everything if everyone is respectful and considerate and 1048 01:35:34,280 --> 01:35:40,160 communicates I think there's all kinds of room for the STR market to be quite 1049 01:35:40,160 --> 01:35:44,840 comfortable and accessible to everybody and that's all thank you for your time 1050 01:35:44,840 --> 01:35:47,920 I think we've got a question for you Commissioner Prud. Thank you Chair. Thank 1051 01:35:47,920 --> 01:35:53,540 you for coming tonight one thing you said I just want to make sure I grasp it 1052 01:35:53,540 --> 01:35:58,840 and we communicate because it came up as we were considering these amendments 1053 01:35:58,840 --> 01:36:04,480 over the last year I believe you said that you operate an STR out of an ADU 1054 01:36:04,480 --> 01:36:10,800 within your property is that correct? Did the knowledge of that ability in the 1055 01:36:10,800 --> 01:36:16,360 future make it easier to finance or afford building that ADU as right now an 1056 01:36:16,360 --> 01:36:22,320 STR but future as a housing unit for someone here in Denton? Well the fact is 1057 01:36:22,320 --> 01:36:29,240 it would probably be more successful as a long-term rental but again we wanted 1058 01:36:29,240 --> 01:36:35,480 to control it so that's what it kind of came down to we didn't like the idea of 1059 01:36:35,480 --> 01:36:41,120 a potential renter not doing well causing damage to the home as was 1060 01:36:41,120 --> 01:36:45,800 mentioned before I'm also I also have two long-term rental properties in 1061 01:36:45,800 --> 01:36:50,680 Denton and I've had to deal with some of this myself and I can tell you so far 1062 01:36:50,680 --> 01:36:57,200 the SEI just seems like heaven compared to those properties. Thank you. Thank you. 1063 01:36:57,200 --> 01:37:02,640 Thank you very much. Is there anyone else wishing to speak on this item? You can 1064 01:37:02,640 --> 01:37:09,760 come on down. Oh sorry. Good evening how are y'all? Hi. Thank you for this 1065 01:37:09,760 --> 01:37:17,040 opportunity I've spoken with y'all before. I have a number of concerns number 1066 01:37:17,040 --> 01:37:23,580 one is enforcement and I would like to know from probably Angie what exactly is 1067 01:37:23,580 --> 01:37:31,400 going to be increased with the enforcement of this possible 1000 STRs 1068 01:37:31,400 --> 01:37:37,000 because it looks like there could be four times as many as is estimated now 1069 01:37:37,000 --> 01:37:43,640 so as someone said previously where is where's the enforcement coming from so 1070 01:37:43,640 --> 01:37:49,320 she may wish to answer that in a minute another one is that this is a business 1071 01:37:49,320 --> 01:37:56,080 it's a business in a residential area and although Texas is flies the flag of 1072 01:37:56,080 --> 01:38:03,180 capitalism big and loud it's a business and if you're having problems with your 1073 01:38:03,180 --> 01:38:07,880 business you could always sell that house for a really good profit I'm sure 1074 01:38:07,880 --> 01:38:13,880 so so whining about you know I have bad tenants blah blah blah well get out of 1075 01:38:13,880 --> 01:38:20,060 the business okay I just don't have any patience for that I've been a renter so 1076 01:38:20,060 --> 01:38:26,720 I don't like to be slammed as someone who is horrible renters are not all 1077 01:38:26,720 --> 01:38:30,800 horrible now I understand we're a college town but you get to screen your 1078 01:38:30,800 --> 01:38:39,160 prospective customers so do it I don't like the idea of a lot of STRs in my 1079 01:38:39,160 --> 01:38:43,120 neighborhood and everyone I talked to they don't like the idea either so I 1080 01:38:43,120 --> 01:38:49,240 think 1000 is really too many and also we also have to think of our other 1081 01:38:49,240 --> 01:38:56,640 business people in our city and those are hotel owners this is taking money 1082 01:38:56,640 --> 01:39:04,020 from hotel owners so you're I can see where they're not be very happy with 1083 01:39:04,020 --> 01:39:09,320 STRs lots of STRs because you're taking away from the hotels that you know are 1084 01:39:09,320 --> 01:39:14,760 going to pay the hotel tax you know you have a constant stream of tax money 1085 01:39:14,760 --> 01:39:20,800 coming from the hotels so you're taking a big gamble because they don't have to 1086 01:39:20,800 --> 01:39:25,480 register we're not enforcing this because that's exactly what I heard from 1087 01:39:25,480 --> 01:39:30,840 Angie in the past is that well we just haven't enforced it in the past so I'll 1088 01:39:30,840 --> 01:39:35,840 sit down and be quiet but just because it's legal doesn't always mean that it's 1089 01:39:35,840 --> 01:39:43,280 good because those STRs are being denied to families who need a place to live 1090 01:39:43,280 --> 01:39:48,600 just this past two three days someone in my neighborhood put on next door 1091 01:39:48,600 --> 01:39:53,000 pleading for neighbors to tell them about a house for rent they had an 1092 01:39:53,000 --> 01:39:58,220 elderly mother they had another relative in the home they had a pet and they were 1093 01:39:58,220 --> 01:40:03,880 their lease is expiring in June and they need you know two three-bedroom home and 1094 01:40:03,880 --> 01:40:08,920 they're very it's very difficult to find the STRs take away from that 1095 01:40:08,920 --> 01:40:15,020 opportunity for decent families to find rental property so I think a thousand 1096 01:40:15,020 --> 01:40:21,520 it's way too many you're cutting off hotels at the ankles and just because 1097 01:40:21,520 --> 01:40:27,080 greed is good you know that's our society I don't think just because you 1098 01:40:27,080 --> 01:40:33,500 can you should so thank you for listening thank you very much ma'am sorry 1099 01:40:33,500 --> 01:40:36,880 procedurally we need you to give your name and address and go ahead and fill 1100 01:40:36,880 --> 01:40:46,640 out a card my apologies Pam Springer 513 Chateau thank you okay next person 1101 01:40:46,640 --> 01:40:54,800 wishing to speak I think is over here hi Jay how are you my name is Jay Ocker 1102 01:40:54,800 --> 01:41:01,000 1851 Brinker I have been a resident of Denton for nearly 30 years thank you all 1103 01:41:01,000 --> 01:41:04,120 for your time and your service to the Commission thank you for the 1104 01:41:04,120 --> 01:41:09,160 presentation Angie a really a lot of good points have been brought up my 1105 01:41:09,160 --> 01:41:14,200 partners and I own three different STRs all within six blocks of the square 1106 01:41:14,200 --> 01:41:18,400 we've been involved in the town hall since last August when they fired up I 1107 01:41:18,400 --> 01:41:24,120 think the genesis of putting parameters around STRs is very smart and I think it 1108 01:41:24,120 --> 01:41:27,520 all started from the problems we had from our larger neighbors to the south I 1109 01:41:27,520 --> 01:41:32,800 can echo what several people have already said our STRs on our streets are 1110 01:41:32,800 --> 01:41:37,000 the nicest looking homes on the streets the yards are the most well-kept homes 1111 01:41:37,000 --> 01:41:41,960 on the street and we vet the people that we actually lease out to and if they 1112 01:41:41,960 --> 01:41:45,920 don't have reviews that they don't have a pile of very positive reviews we just 1113 01:41:45,920 --> 01:41:52,840 deny them it's really that simple the hundred foot rule I don't know where 1114 01:41:52,840 --> 01:41:56,080 that came from it seems like a lot of these things that were kind of imposed 1115 01:41:56,080 --> 01:41:58,960 in the last few months these weren't things that were discussed at the town 1116 01:41:58,960 --> 01:42:03,680 halls back in August and September again I'm echoing the sentiments that someone 1117 01:42:03,680 --> 01:42:07,700 else said earlier Margaret mentioned if I've got somebody right beside me who's 1118 01:42:07,700 --> 01:42:12,740 an STR STR owner and a responsible one at that when the deadline comes to 1119 01:42:12,740 --> 01:42:16,480 register is it a matter of who clicks submit at 1201 on the registration date 1120 01:42:16,480 --> 01:42:19,640 and the other person's the odd man out it seems like there should be some sort 1121 01:42:19,640 --> 01:42:25,440 of a grandfathering system or something like that that comes into play so I can 1122 01:42:25,440 --> 01:42:30,000 tell you that since these town homes started last summer we put together a 1123 01:42:30,000 --> 01:42:34,760 group of STR owners that are specific to the city of Denton we've got a social 1124 01:42:34,760 --> 01:42:38,520 media page I would love for you all to check it out it's Denton STR owners 1125 01:42:38,520 --> 01:42:43,560 calm or I'm sorry at Facebook Denton STR owners and I wanted to read to you the 1126 01:42:43,560 --> 01:42:49,200 mission purpose of that the group was created for STR owners in the city of 1127 01:42:49,200 --> 01:42:52,200 Denton who love their city and would love to share with others this group is 1128 01:42:52,200 --> 01:42:57,960 dedicated to those those property owners committed to responsibly operating STRs 1129 01:42:57,960 --> 01:43:01,960 and providing guests with a unique lodging experience and options in the 1130 01:43:01,960 --> 01:43:05,840 within the city of Denton through diligence responsibility and 1131 01:43:05,840 --> 01:43:09,800 communication we can all be good stewards to our city and create a true 1132 01:43:09,800 --> 01:43:14,240 win-win for everyone so that's really the genesis of what we're doing it was 1133 01:43:14,240 --> 01:43:18,800 really interesting to hear that Judge Holland had zero cases regarding STRs 1134 01:43:18,800 --> 01:43:23,880 I've been in real estate in Denton for over 20 years and I have no problem with 1135 01:43:23,880 --> 01:43:27,920 renters at all but I can tell you long-term renters do not care for the 1136 01:43:27,920 --> 01:43:33,120 property like it's their own if somebody comes in for a long weekend we know 1137 01:43:33,120 --> 01:43:36,520 what's going on we're driving by at night we know our neighbors our 1138 01:43:36,520 --> 01:43:41,880 neighbors love us so that's really I think been what's brought success for 1139 01:43:41,880 --> 01:43:46,440 STR owners here locally is just being involved in that process and the gentleman 1140 01:43:46,440 --> 01:43:50,120 I don't remember your name but most of our people who come into town are 1141 01:43:50,120 --> 01:43:56,760 faculty and staff at UNT or TWU NCTC for that matter parents coming in for visits 1142 01:43:56,760 --> 01:44:01,320 for their kids at either of the schools and people coming in town for an 1143 01:44:01,320 --> 01:44:05,720 anniversary for a long weekend to spend on the square so it's been a huge asset 1144 01:44:05,720 --> 01:44:10,200 for the city of Denton just based on the number of people that come in to spend 1145 01:44:10,200 --> 01:44:18,320 their time and more importantly their money here in town I would love to 1146 01:44:18,320 --> 01:44:21,920 answer any questions you all have because I think that's where things 1147 01:44:21,920 --> 01:44:25,120 really start to unravel and start to make sense is when the questions are 1148 01:44:25,120 --> 01:44:29,000 being asked so I appreciate you asking those questions and that's all I had 1149 01:44:29,000 --> 01:44:36,240 thank you Commissioner Thacker go ahead thank you chair um hi Jay hello so quick 1150 01:44:36,240 --> 01:44:41,720 question in terms of regulations do you have any verbose register we have three 1151 01:44:41,720 --> 01:44:46,560 okay these no verbo so aren't the regulations that that company sets for 1152 01:44:46,560 --> 01:44:50,920 that property even more stringent than some of the ones that exist in here I'm 1153 01:44:50,920 --> 01:44:54,560 sorry repeat that I could aren't some of the regulations that they hold you to 1154 01:44:54,560 --> 01:44:58,040 like through their company more stringent than the ones were even putting 1155 01:44:58,040 --> 01:45:02,360 they are so there's a thing called a super host which means you maintain a 1156 01:45:02,360 --> 01:45:05,760 four point nine rating on a scale of five that has to do with cleanliness 1157 01:45:05,760 --> 01:45:11,960 availability of us in case something goes sideways but yes to your point we 1158 01:45:11,960 --> 01:45:16,400 can get kicked off of Airbnb really easily and conversely if somebody comes 1159 01:45:16,400 --> 01:45:21,080 in and doesn't take good care of it we're very honest with Airbnb that 1160 01:45:21,080 --> 01:45:24,640 community is pretty tight despite how large it is so when we go in and read 1161 01:45:24,640 --> 01:45:29,200 reviews on prospective renters for a long weekend here in town we can go deep 1162 01:45:29,200 --> 01:45:32,280 and we can talk to the people they've leased to before or at least from before 1163 01:45:32,280 --> 01:45:36,200 to find out okay why did they get a four star because we don't want to come in 1164 01:45:36,200 --> 01:45:42,680 and have to pay a housekeeper by the way that's also employed here in Denton to 1165 01:45:42,680 --> 01:45:45,800 come in and hire two more people and spend six hours cleaning it versus them 1166 01:45:45,800 --> 01:45:50,160 by themselves for three hours conversely if they tear things up we have a local 1167 01:45:50,160 --> 01:45:53,400 contractor come out that's money out of our pocket we can try to recoup some of 1168 01:45:53,400 --> 01:45:56,200 that from Airbnb there's insurance around it but that's really tough to do 1169 01:45:56,200 --> 01:46:03,440 thank you thanks so Jay you mentioned in talking about what we're talking about 1170 01:46:03,440 --> 01:46:10,600 tonight these these or regulations we want to put into the DDC you mentioned 1171 01:46:10,600 --> 01:46:14,120 the hundred-foot rule that that you weren't that happy with what else is in 1172 01:46:14,120 --> 01:46:18,880 here that Angie had in her presentation that is bothersome to you as a I'm very 1173 01:46:18,880 --> 01:46:22,320 appreciative of everybody from the city who's put all this time into this and I 1174 01:46:22,320 --> 01:46:25,160 think again it's well intended and I think it's great I think there need to 1175 01:46:25,160 --> 01:46:28,400 be regulations around it it just seems like some of them the hundred-foot rule 1176 01:46:28,400 --> 01:46:33,840 being one we've got an Airbnb that is three blocks from here it's five blocks 1177 01:46:33,840 --> 01:46:41,040 from the square but it's our three right behind us is a restaurant two doors down 1178 01:46:41,040 --> 01:46:44,440 is another restaurant but because we're on that side of the road where are three 1179 01:46:44,440 --> 01:46:49,480 where there are three other Airbnbs between there and Fulton you know across 1180 01:46:49,480 --> 01:46:53,840 Carol on Fulton so it's it's really interesting because when we talk to our 1181 01:46:53,840 --> 01:46:59,080 neighbors residents of these homes across the street they have zero issue 1182 01:46:59,080 --> 01:47:03,160 when I come by to check on the property one of my neighbors comes out across the 1183 01:47:03,160 --> 01:47:06,240 street we come inside she's like oh how'd they leave it you know she's just 1184 01:47:06,240 --> 01:47:10,480 curious about it I've hired her to bring our trash cans in we set them out on 1185 01:47:10,480 --> 01:47:14,880 Monday morning she'll take them in in the afternoon and it's it's a harmonious 1186 01:47:14,880 --> 01:47:18,520 relationship with all these people we've talked to we've had zero pushback from 1187 01:47:18,520 --> 01:47:23,280 anybody so it's been a really positive experience for them and us good deal 1188 01:47:23,280 --> 01:47:28,760 thank you all right thank you all is there anyone else wishing to speak come 1189 01:47:28,760 --> 01:47:32,880 on down and state your name and address and your time will begin 1190 01:47:40,480 --> 01:47:58,800 come way down I understand 610 Emory and I'm first of all I'm I understand when 1191 01:47:58,800 --> 01:48:03,960 they're talking about the hundred whatever and I'm not gonna sit here and 1192 01:48:03,960 --> 01:48:10,560 talk about what might happen but what will happen and the gentleman that just 1193 01:48:10,560 --> 01:48:19,440 left my neighborhood is the one he's talking about so it's prime for STRS and 1194 01:48:19,440 --> 01:48:24,920 what happens is he may be a great neighbor but he's not going to be my 1195 01:48:24,920 --> 01:48:30,920 neighbor and that's that's why I'm yeah I hope you hold fast with a hundred foot 1196 01:48:30,920 --> 01:48:38,760 rule because our neighborhood is built we know our neighbors they help us they 1197 01:48:38,760 --> 01:48:44,200 do things for us they and when you've got somebody just in for a weekend and 1198 01:48:44,200 --> 01:48:50,600 out you're never you're you're killing a community when you start flooding it 1199 01:48:50,600 --> 01:48:57,080 with STRS where they're in and out and in and out we've had great rental property 1200 01:48:57,080 --> 01:49:09,200 neighbors and I I just I those weekends are not going to create a community the 1201 01:49:09,200 --> 01:49:17,120 parking is going to be an issue we have more than one person on our street that 1202 01:49:17,120 --> 01:49:27,760 has more than one car there's already lots of cars on the street I just I just 1203 01:49:27,760 --> 01:49:35,040 I'm concerned about the thousand people and while I know oh no it's not gonna 1204 01:49:35,040 --> 01:49:44,760 flood in I still think there needs to be fewer permits until this city can 1205 01:49:44,760 --> 01:49:51,200 actually know that they're finding you've got 250 and only third I'm 1206 01:49:51,200 --> 01:49:56,360 assuming the people that came up and talked are registered but you you can't 1207 01:49:56,360 --> 01:50:07,840 even find the ones now so I a thousand I object to the number and I hope you 1208 01:50:07,840 --> 01:50:14,600 stick with at least 100 feet because you're going to kill neighborhoods and 1209 01:50:14,600 --> 01:50:20,480 it's a business in a neighborhood they may be good neighbors in terms of 1210 01:50:20,480 --> 01:50:29,840 maintaining it but not to borrow a cup of sugar from so that's all I have to 1211 01:50:29,840 --> 01:50:36,160 say who wants this thank you Kathy I'll take that for me thank you very much is 1212 01:50:36,160 --> 01:50:45,040 there anyone else wishing to speak on this item come on down hi you'll state 1213 01:50:45,040 --> 01:50:51,720 your name and address your time will begin 9/11 North Maple Munster Texas 1214 01:50:51,720 --> 01:50:55,400 thank you all for being here by the way I know this is probably pretty thankless 1215 01:50:55,400 --> 01:50:58,360 gig having been on many boards and different things over time I know this 1216 01:50:58,360 --> 01:51:03,440 isn't always the ideal thing to get both sides of this and have to deal with but 1217 01:51:03,440 --> 01:51:09,980 I'm on the I would say everybody's points here on the SDR logic I sympathize 1218 01:51:09,980 --> 01:51:15,160 with both sides of this coin but we are owners of three STRs in this in this part 1219 01:51:15,160 --> 01:51:20,320 of the world and I have to echo the sentiments of of just the quality when 1220 01:51:20,320 --> 01:51:23,560 you look at the competition piece you look at the elements of doing the right 1221 01:51:23,560 --> 01:51:28,200 thing to get business it is a business but to do that you have to do everything 1222 01:51:28,200 --> 01:51:31,240 very very well you have to pay your people you have to take care of your 1223 01:51:31,240 --> 01:51:35,560 house to get it hire people to take care of it there there's numerous things we 1224 01:51:35,560 --> 01:51:45,120 pay the sales tax piece we do those big picture it like I own both and again no 1225 01:51:45,120 --> 01:51:48,080 problem with long-term rentals if you have a chance to vet them but honestly 1226 01:51:48,080 --> 01:51:52,320 the control you have over an STR is so much different than an LTR it just is 1227 01:51:52,320 --> 01:51:57,900 the parking pieces we restrict that again part of Airbnb we have restrictions 1228 01:51:57,900 --> 01:52:01,080 on everything we do we have to do it very very well we have ensure extra 1229 01:52:01,080 --> 01:52:04,400 insurance that most don't have there's a hundred different things that they go 1230 01:52:04,400 --> 01:52:10,200 into this as somebody with I know we talked about hotels being competition 1231 01:52:10,200 --> 01:52:13,920 but as somebody with three kids and traveling when did I ever get a hotel 1232 01:52:13,920 --> 01:52:18,280 room with one I had these are perfect two bedrooms two baths there's it's a 1233 01:52:18,280 --> 01:52:22,440 whole different animal then then as a hotel in many cases like it's not the 1234 01:52:22,440 --> 01:52:26,720 same thing but we provide a service to those folks that don't fit in that nice 1235 01:52:26,720 --> 01:52:32,600 neat little bucket we're currently you know and not to toot our own horn but 1236 01:52:32,600 --> 01:52:38,000 you know we know somebody that was in the tornadoes in value he's currently in 1237 01:52:38,000 --> 01:52:41,200 our house grass we're not charging him to do this we're able to do this because 1238 01:52:41,200 --> 01:52:43,520 we have a location for him to do it we wouldn't be able to do if it's a long 1239 01:52:43,520 --> 01:52:47,440 term rental but we can do things like that we can serve the community and we 1240 01:52:47,440 --> 01:52:51,120 do we take care of neighbors yards but there need mowing like we'll have them 1241 01:52:51,120 --> 01:52:54,000 run over that with a mower right there's there's a hundred different things that 1242 01:52:54,000 --> 01:52:59,480 we do that I think actually are positive and then the worst case scenario we 1243 01:52:59,480 --> 01:53:03,160 started thinking property rights I mean what if I lost my job yesterday and the 1244 01:53:03,160 --> 01:53:06,040 only way I can make some income was renting a room out we're gonna restrict 1245 01:53:06,040 --> 01:53:09,360 this person that lost his job yesterday from renting a room because he's a 1246 01:53:09,360 --> 01:53:12,480 hundred feet from somebody else that happened to be doing it before him right 1247 01:53:12,480 --> 01:53:17,200 I mean these are questions that you got to think about when you look big picture 1248 01:53:17,200 --> 01:53:21,040 especially the hundred foot rule I mean we already know that there are plenty of 1249 01:53:21,040 --> 01:53:25,600 people within a hundred feet that are act actively operating them now you know 1250 01:53:25,600 --> 01:53:29,960 what happens when somebody really really needs to you know quote unquote and can't 1251 01:53:29,960 --> 01:53:35,760 because somebody else has already signed up I I kind of have to go with let the 1252 01:53:35,760 --> 01:53:40,040 free market prevail here right if there are too many they will fall away if you 1253 01:53:40,040 --> 01:53:44,240 can't make money doing it you won't it's same thing with a hotel same thing with 1254 01:53:44,240 --> 01:53:48,680 any business how do we know what the right answer is on the total cap we 1255 01:53:48,680 --> 01:53:53,880 really don't again ours are very near the city center yet because of the 1256 01:53:53,880 --> 01:53:58,640 restrictions on our levels it's like well you know what it doesn't make a 1257 01:53:58,640 --> 01:54:01,240 lot of sense when you're across the street from a commercial business but 1258 01:54:01,240 --> 01:54:04,340 your are three and maybe this is a zoning problem maybe it needs to be 1259 01:54:04,340 --> 01:54:07,560 changed maybe that's something we need to take care of but there are all kinds of 1260 01:54:07,560 --> 01:54:13,480 little pitfalls around making rules that assume that we know the answer right 1261 01:54:13,480 --> 01:54:18,760 that's really it I don't want to go too long if you have any questions happy to 1262 01:54:18,760 --> 01:54:24,120 answer thank you for speaking any questions okay appreciate it thank you 1263 01:54:24,120 --> 01:54:30,400 thank you is there anyone else wishing to speak on this item come on down 1264 01:54:37,840 --> 01:54:44,140 hi 3616 Clydesdale Drive in Texas well you bring the microphone down there we go 1265 01:54:44,140 --> 01:54:48,400 they that way I can hear you on TV and online thanks and thank you for this 1266 01:54:48,400 --> 01:54:52,000 opportunity and for everything that you've done I agree with a lot of things 1267 01:54:52,000 --> 01:54:57,240 that were said tonight one thing I feel like as an owner of a short-term rental 1268 01:54:57,240 --> 01:55:03,760 I have 42 ranging from Arkansas to the very tip of Texas but I feel like I'm 1269 01:55:03,760 --> 01:55:08,080 creating an opportunity for families to create memories that you're not going to 1270 01:55:08,080 --> 01:55:11,860 get when you're in a hotel or any kind of commercial place whether they're 1271 01:55:11,860 --> 01:55:16,560 coming together for a funeral or a graduation it's creating a unique space 1272 01:55:16,560 --> 01:55:20,720 for them so that's what I feel like my heart is for the business I was a 1273 01:55:20,720 --> 01:55:23,960 teacher and didn't for 20 years so I feel like I've given a lot to this 1274 01:55:23,960 --> 01:55:27,240 community I'm very nervous even though I'm used to talking in front of the 1275 01:55:27,240 --> 01:55:31,600 classroom but not in this situation but being a teacher I also feel like 1276 01:55:31,600 --> 01:55:38,520 educating the host it would be a big part that could help with you know 1277 01:55:38,520 --> 01:55:42,560 whatever y'all decide to move them forward because if your host is educated 1278 01:55:42,560 --> 01:55:46,400 they know what to look for with their guests and whether they're going to be 1279 01:55:46,400 --> 01:55:50,880 someone that's going to come in and tear up the place or be rude to the neighbors 1280 01:55:50,880 --> 01:55:55,600 there's so many flags and if the host is educated in the beginning they can stop 1281 01:55:55,600 --> 01:55:59,840 it right there so I feel like education would maybe be one part that maybe would 1282 01:55:59,840 --> 01:56:05,840 help in all of this and as far as the cap I feel like as Denton grows it 1283 01:56:05,840 --> 01:56:10,240 doesn't need to be limited to a thousand it needs to be a percent based on how 1284 01:56:10,240 --> 01:56:15,200 Denton is going to continue to grow and then the other thing is maybe not a 1285 01:56:15,200 --> 01:56:20,760 hundred foot limit but maybe per kappa only three per city block or something 1286 01:56:20,760 --> 01:56:26,200 like that because of situations that we've already heard spoken tonight that's 1287 01:56:26,200 --> 01:56:30,400 what I feel like would help in this situation and thank you for your time 1288 01:56:30,400 --> 01:56:34,240 thank you for coming to speak appreciate it and I can fill out a card if you need 1289 01:56:34,240 --> 01:56:38,880 to yep we'll have staff get with you and fill out a card thank you is there anyone 1290 01:56:38,880 --> 01:56:44,400 else wishing to speak on this item who has not already okay with that I will 1291 01:56:44,400 --> 01:56:50,600 close the public hearing and open the floor for a motion or discussion I know 1292 01:56:50,600 --> 01:56:55,680 I do have a question Angie for you if you'll just give me a pause for just a 1293 01:56:55,680 --> 01:57:06,600 minute Commissioner really real and you just wanted to ask for you to clarify 1294 01:57:06,600 --> 01:57:13,640 how that hundred foot discussion played out if you could share that please how 1295 01:57:13,640 --> 01:57:18,400 we came to that conclusion yes sure so the hundred foot distance 1296 01:57:18,400 --> 01:57:25,040 separation and and the thousand unit cap they kind of go hand in hand when this 1297 01:57:25,040 --> 01:57:29,720 went to the the public engagement survey that was was conducted last summer one 1298 01:57:29,720 --> 01:57:34,920 of one of the questions was surrounding density and and specifically the way the 1299 01:57:34,920 --> 01:57:40,980 question was was showed a sort of residential neighborhood of a hundred 1300 01:57:40,980 --> 01:57:45,400 units right roughly and the question was out of a hundred units how many do you 1301 01:57:45,400 --> 01:57:51,600 feel should be a short-term rental answers ranged from 0 to 100 with with 1302 01:57:51,600 --> 01:57:57,640 some heavy clustering around the zero and then you had a few in the hundred 1303 01:57:57,640 --> 01:58:02,880 and then some numbers everywhere in between that that really started the the 1304 01:58:02,880 --> 01:58:08,840 density limitation discussion and and several options were were looked at is 1305 01:58:08,840 --> 01:58:14,880 is what what is the best way to address and capture the concern seen in the 1306 01:58:14,880 --> 01:58:20,240 neighborhood survey to protect our neighborhoods that that's still an 1307 01:58:20,240 --> 01:58:26,480 enforceable mechanism so so so percentages were looked at per block 1308 01:58:26,480 --> 01:58:33,160 and and that became somewhat confusing when put into practice and so that the 1309 01:58:33,160 --> 01:58:39,040 thousand the the capping across residential districts came about as it's 1310 01:58:39,040 --> 01:58:44,080 it's in it's a enforceable way to regulate that it comes out to roughly 1311 01:58:44,080 --> 01:58:49,680 three percent of all parcels with residentially zoned parcels within the 1312 01:58:49,680 --> 01:58:55,400 city limits and then the further discussion of but do we still want some 1313 01:58:55,400 --> 01:59:01,200 sort of distance between them and so really the two kind of went hand in hand 1314 01:59:01,200 --> 01:59:05,320 and exploring the best way to capture those those those concerns while also 1315 01:59:05,320 --> 01:59:11,200 coming up with an enforceable way to measure and monitor the density 1316 01:59:11,200 --> 01:59:14,080 discussion that we had I would I would say we looked we looked at several 1317 01:59:14,080 --> 01:59:19,880 different different options during that that process and the the hundred the 1318 01:59:19,880 --> 01:59:24,360 hundred foot was an agreeable one to for everybody on the spectrum because this 1319 01:59:24,360 --> 01:59:27,760 was worked out through the DCRC where we had individuals who would prefer to see 1320 01:59:27,760 --> 01:59:31,000 none and those who would prefer to see every block and our survey results were 1321 01:59:31,000 --> 01:59:36,000 kind of a fuck to that as well and this was an enforceable way to capture those 1322 01:59:36,000 --> 01:59:48,360 concerns and that density metric thank you I thought Angie provided an excellent 1323 01:59:48,360 --> 01:59:53,320 response the other thing I would just add is when we are developing ordinances 1324 01:59:53,320 --> 01:59:58,440 and to address the enforcement aspect we need to make sure that our ordinance is 1325 01:59:58,440 --> 02:00:03,960 in a manner where we can easily enforce it being able to administer it but also 1326 02:00:03,960 --> 02:00:07,880 for the benefit of the public in being able to understand what the requirements 1327 02:00:07,880 --> 02:00:12,600 were that also factored into our density conversation because I can assure you 1328 02:00:12,600 --> 02:00:16,800 and Angie attested we explored a variety of different option and I know there's a 1329 02:00:16,800 --> 02:00:20,400 couple of folks here on the Commission that served on that on that board that 1330 02:00:20,400 --> 02:00:24,640 discussed it but we felt like this was a reasonable means to balance the interest 1331 02:00:24,640 --> 02:00:29,840 of the neighborhood residents with the operators but also for people to be able 1332 02:00:29,840 --> 02:00:34,240 to clearly understand what the requirements were thank you 1333 02:00:34,240 --> 02:00:38,820 Commissioner Pruitt thank you chair just a few questions for staff just to 1334 02:00:38,820 --> 02:00:42,080 clarify some things and make sure everybody especially in the audience 1335 02:00:42,080 --> 02:00:49,040 here and perhaps watching has some some real-time questions answered one there 1336 02:00:49,040 --> 02:00:55,340 was some talk about bed-in breakfasts in residential locations I believe that 1337 02:00:55,340 --> 02:01:00,400 those are only permitted by right in our are and the other residential zoning 1338 02:01:00,400 --> 02:01:04,480 designations some of them you can't do a bed and breakfast at all and others 1339 02:01:04,480 --> 02:01:09,000 require an SUP is that correct that is correct I don't have the table of allowed 1340 02:01:09,000 --> 02:01:13,360 uses in my backup but we will pull that up but they're not allowed in all 1341 02:01:13,360 --> 02:01:18,000 districts by right right okay about statement thank you and then there was 1342 02:01:18,000 --> 02:01:22,880 some talk about hot taxes and how are those used if we collect this revenue are 1343 02:01:22,880 --> 02:01:26,960 we gonna invest back into the community can you share just a really high level 1344 02:01:26,960 --> 02:01:34,000 what what those hot taxes must be used for by a state law and what does as a 1345 02:01:34,000 --> 02:01:38,400 practice yes I can and I can also provide the bed and breakfast clarity so 1346 02:01:38,400 --> 02:01:43,760 I'm going to do that first before I drop this laptop permitted by right in our are 1347 02:01:43,760 --> 02:01:50,880 by SUP in our four six and seven permitted by right in the mixed use 1348 02:01:50,880 --> 02:02:02,320 districts as well as suburban corridor okay so not permitted across all how 1349 02:02:02,320 --> 02:02:07,560 they are spent that is dictated by the state tax code and it's a limited 1350 02:02:07,560 --> 02:02:15,640 expenditure those funds have to be utilized on projects that would that 1351 02:02:15,640 --> 02:02:20,800 generate tourism for the city specifically in my understanding is we 1352 02:02:20,800 --> 02:02:25,400 utilize sort of a grants program to provide money to festivals like day of 1353 02:02:25,400 --> 02:02:32,440 the dead or arts and jazz or those other major den specific venues that you would 1354 02:02:32,440 --> 02:02:37,840 expect to generate tourism for the city so so hot taxes are specifically limited 1355 02:02:37,840 --> 02:02:43,120 to to those tourist expenses and aren't used as part of the general fund okay 1356 02:02:43,120 --> 02:02:53,800 and then may say Joe is an operator who has an STR permit does that limit him in 1357 02:02:53,800 --> 02:03:00,280 any way from choosing to do a long-term rental on the same property instead of a 1358 02:03:00,280 --> 02:03:04,480 short term for some period of time that there was a concern or a couple of 1359 02:03:04,480 --> 02:03:11,760 comments about if I have an STR will I be able to rent it for longer than 30 days 1360 02:03:11,760 --> 02:03:16,880 and so I just wanted to make sure that was answered yeah rentals that start to 1361 02:03:16,880 --> 02:03:22,160 go over over 30 days do fall into the the long-term rental category and they 1362 02:03:22,160 --> 02:03:26,640 are as a specifically different they're not the same use likewise if an 1363 02:03:26,640 --> 02:03:30,440 individual had a property and wanted to go through the process of getting it 1364 02:03:30,440 --> 02:03:35,820 registered as a short-term rental and could meet the requirements of that they 1365 02:03:35,820 --> 02:03:41,520 would be able to utilize that land use okay thank you and last but not least 1366 02:03:41,520 --> 02:03:48,720 can you explain a little bit about how the phasing and and effective date of 1367 02:03:48,720 --> 02:03:54,880 this ordinance will play out and and what avenues existing operators have to 1368 02:03:54,880 --> 02:04:00,600 ensure that they can continue their business once once that effective date 1369 02:04:00,600 --> 02:04:09,640 occurs sure so the assuming everything plays out as we plan here moving forward 1370 02:04:09,640 --> 02:04:12,760 this would go to City Council next week on June 4th where they would consider 1371 02:04:12,760 --> 02:04:17,240 they would make final determination of approval or with conditions or what have 1372 02:04:17,240 --> 02:04:21,360 you the way the proposed ordinance is written today is it would have an 1373 02:04:21,360 --> 02:04:29,000 effective date of August 1st individuals who are legally registered on August 1374 02:04:29,000 --> 02:04:34,880 1st would would in the event that maybe they don't meet one of the provisions of 1375 02:04:34,880 --> 02:04:39,960 the new requirements but are registered legally today would be considered a legal 1376 02:04:39,960 --> 02:04:45,200 non-conforming use and and legal non-conforming uses are allowed to 1377 02:04:45,200 --> 02:04:50,920 retain that status with some caveats including providing there's not a 1378 02:04:50,920 --> 02:04:55,480 cessation of the use for longer than a year or more as well as some limited 1379 02:04:55,480 --> 02:04:59,960 provisions to modification such as that the structure couldn't be enlarged it 1380 02:04:59,960 --> 02:05:05,400 could no way be that the total area could not be increased but but those 1381 02:05:05,400 --> 02:05:11,200 legally registered operators today will be able to retain that legal operating 1382 02:05:11,200 --> 02:05:17,520 status and they may fall into the category of legal non-conforming thank 1383 02:05:17,520 --> 02:05:19,680 you 1384 02:05:19,680 --> 02:05:25,640 can't see any discussion so I'll call on Commissioner Villarreal thank you madam 1385 02:05:25,640 --> 02:05:31,000 chair I spent the better part of 2023 workshopping this going through the town 1386 02:05:31,000 --> 02:05:35,160 halls the subcommittee vice chair Prudent and I serve on has had many 1387 02:05:35,160 --> 02:05:40,200 conversations discussions and lots of disagreements over this and as Angie 1388 02:05:40,200 --> 02:05:44,520 said you know some of us were closer to unlimited some of us were closer to zero 1389 02:05:44,520 --> 02:05:47,960 I was one of those closer to zero very much agree with a lot of the statements 1390 02:05:47,960 --> 02:05:51,640 made by the first three rows here but you know it's it's about reaching 1391 02:05:51,640 --> 02:05:56,980 consensus and putting something forward that would be agreeable to both the 1392 02:05:56,980 --> 02:06:02,000 operators as well as the vast majority of citizens who are not operators we 1393 02:06:02,000 --> 02:06:05,560 need to make sure we're defending our neighborhoods you know folks are moving 1394 02:06:05,560 --> 02:06:09,760 here not to live next to a hotel and I fully understand that and we need to 1395 02:06:09,760 --> 02:06:13,440 make sure that we're preventing that from happening but no one wants to be 1396 02:06:13,440 --> 02:06:18,160 surrounded by five different hotels right so I'm very much in favor of the 1397 02:06:18,160 --> 02:06:22,640 100 foot rule because it does prevent that and I'm also in favor of the 1000 1398 02:06:22,640 --> 02:06:26,760 permit rule as a starting step so that we can at least have something on the 1399 02:06:26,760 --> 02:06:32,280 books going forward I do agree that in my perfect world to be a lot closer to 1400 02:06:32,280 --> 02:06:38,000 250 or less so with that I'm gonna support the current amendment as 1401 02:06:38,000 --> 02:06:42,160 written and I thank staff for all the work they put into this thank you 1402 02:06:42,160 --> 02:06:49,800 Commissioner Prout. Thank you chair and I will second I think you know Commissioner 1403 02:06:49,800 --> 02:06:56,980 Villarreal and I had had lots of good discussions over this I think he brought 1404 02:06:56,980 --> 02:07:03,480 up a lot of good points about you know how do we avert the the dangerous thing 1405 02:07:03,480 --> 02:07:10,520 happening and and the reality is that our current code prevented some 1406 02:07:10,520 --> 02:07:14,700 operators in certain situations from being able to register just because of 1407 02:07:14,700 --> 02:07:23,400 some of the complexities and the specific definitions which in addition to 1408 02:07:23,400 --> 02:07:27,840 other things just we had no knowledge of who is operating specifically so 1409 02:07:27,840 --> 02:07:33,160 enforcement even if council wanted to make it a budget priority was not 1410 02:07:33,160 --> 02:07:40,320 feasible right and so I think that this amendment really gives us a chance to 1411 02:07:40,320 --> 02:07:47,240 start having a basis from which we we can reasonably enforce things if they do 1412 02:07:47,240 --> 02:07:53,360 come up and when they do so so I appreciate all that you know I hope 1413 02:07:53,360 --> 02:07:59,000 existing operators take advantage of of the meantime to be able to register so 1414 02:07:59,000 --> 02:08:06,960 they don't have their rights curtailed in the future you know and we will I look 1415 02:08:06,960 --> 02:08:12,880 forward to future councils being able to iterate on this as we need to right I 1416 02:08:12,880 --> 02:08:17,600 understand change is scary for for people who've been there in their 1417 02:08:17,600 --> 02:08:25,400 neighborhood for a long time the reality is that this change isn't sudden you 1418 02:08:25,400 --> 02:08:34,640 know we have 250 some odd operating now not zero a month ago right it started 1419 02:08:34,640 --> 02:08:46,120 over a period of gosh maybe 20 years is that a little bit too long okay 13 sorry 1420 02:08:46,120 --> 02:08:54,480 I'm not an expert of internet history and and the reality is that you know I 1421 02:08:54,480 --> 02:08:59,720 haven't heard of a lot of specific examples but there have been some 1422 02:08:59,720 --> 02:09:02,920 specific examples in other communities where it legitimately bad things have 1423 02:09:02,920 --> 02:09:06,960 happened so I think this puts the city in a good good state to be able to 1424 02:09:06,960 --> 02:09:13,600 enforce and monitor what's happening and then gives us good data in the future 1425 02:09:13,600 --> 02:09:18,960 is this one thing we talked about that council can use in the future to to 1426 02:09:18,960 --> 02:09:26,040 refine this process so sorry for my long windows thank you okay we've got a first 1427 02:09:26,040 --> 02:09:32,680 and a second for approval is there any discussion first I'll thank everyone for 1428 02:09:32,680 --> 02:09:36,800 coming out to speak obviously we have some tremendously responsible STR 1429 02:09:36,800 --> 02:09:42,720 owners out there so thank you very much I am an Airbnb user and I understand how 1430 02:09:42,720 --> 02:09:47,440 important it is to have super hosts out there that's fantastic you know this 1431 02:09:47,440 --> 02:09:50,680 discussion has gone on for a long time as Commissioner Villarreal and 1432 02:09:50,680 --> 02:09:57,460 Commissioner Pruitt have have mentioned for even longer than this year and you 1433 02:09:57,460 --> 02:10:00,840 know this is not a discussion about like long-term versus short-term those are 1434 02:10:00,840 --> 02:10:05,920 two different animals with varying degree of problems and that's not what 1435 02:10:05,920 --> 02:10:10,200 we're discussing here what we're discussing is trying to get regulations 1436 02:10:10,200 --> 02:10:14,480 on the books so that the city has something to go on so that they can 1437 02:10:14,480 --> 02:10:19,440 enforce certain things and and having the metrics in place they weren't just 1438 02:10:19,440 --> 02:10:25,560 you know taken out of the air as Angie and Tina have explained you know they 1439 02:10:25,560 --> 02:10:30,320 were given lots of thought they're a metric that can be measured so that 1440 02:10:30,320 --> 02:10:33,900 when we're not here when a different council is there when different staff 1441 02:10:33,900 --> 02:10:38,480 is in place it's there and it can be measured if for some reason down the 1442 02:10:38,480 --> 02:10:44,440 road it's not working that's when things get amended again I mean that that is 1443 02:10:44,440 --> 02:10:47,120 what we do here that's what staff is doing on the 1444 02:10:47,120 --> 02:10:55,640 constant so this is all good stuff it really is it's to help not only the city 1445 02:10:55,640 --> 02:11:02,560 but the business owners the the the people who will be staying there it's 1446 02:11:02,560 --> 02:11:06,680 not based on fear from the public about you know not having STRs it's it's based 1447 02:11:06,680 --> 02:11:11,720 on just the city getting something in writing in our DDC that makes sense that 1448 02:11:11,720 --> 02:11:20,240 can be regulated and enforced so thank you again for the great discussion over 1449 02:11:20,240 --> 02:11:31,360 many months so with that let's vote on the board please that motion carries five 1450 02:11:31,360 --> 02:11:38,800 zero that will take us to our planning and zoning matrix and I will turn the 1451 02:11:38,800 --> 02:11:47,080 day us over to Tino thank you charles so included in your pocket was an updated 1452 02:11:47,080 --> 02:12:03,280 matrix somewhere I have my apologies so we updated the matrix to reflect 1453 02:12:03,280 --> 02:12:07,680 commissioner approved to request or yes Commissioner Pruitt's request last week 1454 02:12:07,680 --> 02:12:12,080 the the legal staff report explaining the practices and legal limitations as 1455 02:12:12,080 --> 02:12:15,240 a result of state law changes a commissioner Pruitt or vice-chair Pruitt 1456 02:12:15,240 --> 02:12:20,720 if we did not capture that correctly let us know but I think we got it so also we 1457 02:12:20,720 --> 02:12:25,240 will update their matrix to reflect that we completed the discussion related to 1458 02:12:25,240 --> 02:12:29,440 neighborhood amenity centers and the requirements related to that otherwise 1459 02:12:29,440 --> 02:12:37,800 there were no other edits to the matrix itself past council or past cases that 1460 02:12:37,800 --> 02:12:42,040 were considered by the City Council since your last meeting so on councils 1461 02:12:42,040 --> 02:12:51,680 may 21st agenda we actually had several items go before council so we have 1462 02:12:51,680 --> 02:12:58,120 several items an item that we anticipate that will likely come before you here in 1463 02:12:58,120 --> 02:13:03,000 the near future to be aware of so an annexation proceedings has started on 1464 02:13:03,000 --> 02:13:09,560 property that is roughly 92 acres of land generally located north of Johnson 1465 02:13:09,560 --> 02:13:14,600 Lane south south of Elred Road in about 2300 feet east of John Payne Road so 1466 02:13:14,600 --> 02:13:17,880 that property is going through a process as you know as it enters the city it'll 1467 02:13:17,880 --> 02:13:21,720 have a rural residential zoning category on it and then an applicant will likely 1468 02:13:21,720 --> 02:13:25,360 come forward with the zoning change so we'll anticipate that probably later 1469 02:13:25,360 --> 02:13:29,360 this year with the Commission in terms of public hearings that were considered 1470 02:13:29,360 --> 02:13:33,720 we did a street renaming I know this did not go before the Planning and Zoning 1471 02:13:33,720 --> 02:13:36,640 Commission because par street naming policy they don't they go straight to 1472 02:13:36,640 --> 02:13:40,440 council but of course you may be interested given the requests that we 1473 02:13:40,440 --> 02:13:46,600 receive from time to time so there is a portion of South May Hill Road that was 1474 02:13:46,600 --> 02:13:52,400 renamed as a result of a new section of South May Hill Road being constructed so 1475 02:13:52,400 --> 02:13:57,280 to avoid any confusion and not have two parallel roadways with the name South 1476 02:13:57,280 --> 02:14:02,680 May Hill Road the one to the east the old portion if you will was renamed to 1477 02:14:02,680 --> 02:14:07,120 Edwards Drive so about a 30,000 or excuse me about a 1,000 foot linear 1478 02:14:07,120 --> 02:14:11,960 section of that roadway so if you travel in that area you'll you'll recognize and 1479 02:14:11,960 --> 02:14:17,480 probably appreciate the the newly constructed portion we did have let's 1480 02:14:17,480 --> 02:14:24,160 see that was we did have a request if you recall we had called it the Vanda 1481 02:14:24,160 --> 02:14:28,200 Smith tract rezoning this was the property that was approximately 1.52 1482 02:14:28,200 --> 02:14:34,080 acres located about 260 feet east of Country Club Road north of Hobson Lane 1483 02:14:34,080 --> 02:14:39,200 this was the request where the applicant was trying to rezone the 1.52 acres so 1484 02:14:39,200 --> 02:14:44,320 it had the same zoning as the property to the east and to the north the zoning 1485 02:14:44,320 --> 02:14:47,880 was changed from suburban quarter to residential six so council did approve 1486 02:14:47,880 --> 02:14:52,280 that we also had a specific use permit to allow for the equipment sales and 1487 02:14:52,280 --> 02:14:57,120 rental use this was on property about 10 acres an area on the south side of 380 1488 02:14:57,120 --> 02:15:02,160 about 3,800 feet west of Mosh Branch recall this was a case that actually had 1489 02:15:02,160 --> 02:15:05,440 presented to you all the western portion of the property was significantly 1490 02:15:05,440 --> 02:15:09,880 encumbered by easements and so City Council did approve that request as well 1491 02:15:09,880 --> 02:15:22,240 and then and oh and then we also had I know that that sometime every now and 1492 02:15:22,240 --> 02:15:25,560 then the Commission may receive a property that's entertaining a local 1493 02:15:25,560 --> 02:15:29,360 designation request from a historic perspective we actually in for those 1494 02:15:29,360 --> 02:15:32,440 properties that have the local designation there is our tax exemption 1495 02:15:32,440 --> 02:15:36,240 program that they're able to participate so we did have a property that was able 1496 02:15:36,240 --> 02:15:41,080 to be able to successfully participate in a partial tax exemption so it was 1497 02:15:41,080 --> 02:15:46,080 located at 903 West Oak but otherwise that concludes all of the items that 1498 02:15:46,080 --> 02:15:49,880 were considered by council at that meeting date as well as also concludes 1499 02:15:49,880 --> 02:15:55,840 my report so thank you thank you is there anything to add to the matrix any 1500 02:15:55,840 --> 02:16:01,160 concluding items okay thank you all for being here appreciate it very much 1501 02:16:01,160 --> 02:16:06,400 congratulations vice chair nice to have you on board with that I'll go ahead and 1502 02:16:06,400 --> 02:16:09,520 adjourn us at 8 10 p.m.