WEBVTT

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 Good afternoon, welcome to the City of Denton's Planning and Zoning Commission

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 meeting for Wednesday, May 29th, 2024. This is our work session and with the

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 quorum present I'll call us to order at 5 o 3 p.m. Let the record show that

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 Commissioner Cole is absent from today's meeting. First item in our work session

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 is clarification on tonight's agenda. First we have the minutes for May 15th.

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 Any questions, clarifications? Okay, well next we have elect a vice chair which we

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 will need to do in a regular session. Questions? No? Okay. Individual

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 consideration continues with 3B, FR 23-0003. Hi Angie.

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 Review manager, this is a final replat for Glenwood Meadows phase two. There's

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 approximately 42 residential lots on a little over 10 acres of land. When

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 Glenwood Meadows was originally platted this portion of the overall development

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 was situated in FEMA floodway. As part of the Bonnie Bray reconstruction project

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 that area has been brought out of the floodplain and has been

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 undergoing work with our capital improvements team is with FEMA to

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 submit the Clomer Lomar. Staff is recommending conditional approval of

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 this final plat. It does not yet meet all of our conditions for approval in that

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 all the lots are not developable at this time. The Clomar has been submitted and

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 reviewed and has been published for the comment period which is 90 days. However

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 in order for this final plat to receive full approval they would need to make it

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 through that comment period and receive the official Lomar. So staff is

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 recommending conditional approval with the condition as you see here. Once that

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 study or that comment period has ended and they've received that Lomar

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 designation the plat would would have to come back to receive the formal final

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 approval. Happy to answer any questions you all may have regarding that. Thank you

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 Angie. Questions? Commissioner Pruitt? Just a quick question when you showed the

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 satellite overview is that a former gas site pad or is that something else? The

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 site was at one point developed with a gas well it has since been plugged. Okay

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 and is the plug I couldn't find the plug on this replat typically we've called

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 those out in other places other plats subdivision plots at least? Yeah I do

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 believe it's in an open-space lot and I can see if I can locate that and send it

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 to you all but it's not it's not under any any paving or anything like that.

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 Yeah I just want to make sure we check that. Sure. Thank you. Anything else? I

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 know we've got a couple new commissioners and for clarification Lomar

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 and Clomar are kind of new acronyms so are you good with that or do you need

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 Angie to explain that? Yeah thanks chair I'd prefer somebody explain it. Yeah

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 perfect yeah. I will explain to the best of my ability and Tina can and even for

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 what it stands for because I yeah yeah of course. The short version is we have

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 FEMA floodplain maps they show where designated floodplain and floodway are

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 located which we do not allow residential lots or homes to be

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 constructed within floodplain and floodway. Through a variety of improvements a

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 property can submit to have that designation removed and have to

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 demonstrate to FEMA that that area is no longer in the floodplain. That is

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 officially called the letter of map revision. The Clomar is a conditional

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 letter of map revision and so that's kind of their preliminary approval that

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 study does have to be published there is a comment period before FEMA can finally

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 stamp that as approved in what is called the Lomar which is the letter of map

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 revision. That's all I can say about that. That was outstanding. The only thing I

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 would add is typically that conditional letter of map revision is issued first

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 because it's anticipated that in all likelihood the the letter of map

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 revision will be approved but there are some conditions that have to be

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 satisfied before the final letter of map revision is issued and then lastly I

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 would just add it is a time driven process with FEMA it does take

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 applicants some time for this to work its way through FEMA's process and so

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 hence why we try to work with applicants allowing them to be able to proceed

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 forward where we can knowing that they have to get this map revision addressed

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 through FEMA I can think of one project I know it's taken multiple months and if

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 FEMA has any additional comments on it then those have to be resolved and in

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 some cases might start the clock over so hence why they do the conditional

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 letter of map revision first as they work towards that final completion. Thank

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 you. Commissioner Perot. Yeah I just wanted to retract my previous request there are

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 actually three guest well heads shown in the two open space plots I just I was

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 searching for the wrong term so I apologize. All right they're hard to

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 locate too. Thank you. Anything else? Thanks Angie. Okay on to the public

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 hearings for this evening the first item 4A is being postponed and we are just

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 re-noticing that correct yeah we're not even opening that okay so next will be

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 4B S 23 0006 and that is Ashley hello. Good evening chair members of the

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 Commission. This is S 23 6 Wright Denton Teasley. This is an SUP request to allow

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 for a veterinary clinic use on approximately two acres of land. This

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 site is generally located on the south side of Teasley Lane approximately 550

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 feet west of Pennsylvania Drive. The current zoning is residential 2 and that

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 is shown on the existing zoning map on the bottom left in the future land use

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 map is low residential and that is shown on the future land use map on the right

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 of the screen. Staff does recommend approval as it does comply with all our

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 criteria for approval and I do have a longer presentation for later. Happy to

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 answer any questions now. Thank you. Questions at the moment for Ashley? I got

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 question just regarding traffic I know there was no study done for this

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 correct. Yes correct. There was mentioned that tex dot might require one can you elaborate on

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 that? Yeah so it so they would only need a TIA for the city since they have such

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 a low number of trips because it's on a tex dot roadway so it's ultimately up to

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 tex dot but it does meet their requirements for waiving the TIA also

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 but if they do request it it will be provided with a tex dot permit. Yeah and

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 I've got I mean I certainly have some pause with that I mean it's it is a busy

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 part of of the road and with only having a right turn out of that site that

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 brings more to that intersection that's already a problem at certain times at

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 Pennsylvania and Teasley. Has there been discussion about traffic can you talk to

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 me caught me through that? A study has been and I have a lead. Yeah that'd be great.

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 Hi. In fact we did do a traffic count based on citizen request at Teasley and

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 Pennsylvania several times in the past and one last month in April. It did

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 marginally meet conditions for a traffic signal. I say marginally met it's not

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 the full criteria like the eight hours four hours and two hours it just met the

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 peak hour and the four hour volumes. So we could make a recommendation for

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 tex dot to install a traffic signal but it's since Teasley is a tex dot

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 facility it's ultimately their call to approve it and for identifying funding

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 construction is sure this is a great part. Yeah yeah I know that's been a talk

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 for a long time on the intersection because I mean the issue is is they have

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 to turn right and if they have to go the other direction they're gonna be doing a

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 u-turn at that intersection and boy I mean certain times a day it is it's

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 super rough there. Commissioner Thacker. Thank you chair. I just want to point out

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 that in having to take that right you are going right into a school zone. That's

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 right. So in terms of there already being traffic on that road which I experience

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 on the daily if there's added traffic particularly around the three o'clock

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 period you are adding like insult to injury in terms of safety issues with

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 children crossing the street and potentially that u-turn. I just wanted

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 that for the for discussion. Thank you. Commissioner Pruitt. Just because I'm

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 curious understand all the concerns and potential lights and it's tech stock

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 roadway all that kind of thing. In general as congestion increases does

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 the speed reduce and therefore how does that affect safety? As the density

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 increases speeds reduce and in the past years in 2021 when I was here and 22 we

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 did counts. It did not meet the signal warrants at Teasley and Pennsylvania but

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 with that so much developments happening in Denton we are seeing 15 to 20 percent

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 rise in traffic volumes and that's why it met the conditions that are marginally

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 at this location for a traffic signal. Okay thank you. Yeah that's 45 miles an

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 hour I believe there isn't it? Yes. Yeah. We are working on to reduce to 35 in the

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 next update to the city speed limits. Got it. Okay thank you. Actually I'm going to ask you a

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 question regarding the site plan. So there's no there's no turn in lane for

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 this right? It would be coming right off at Teasley. Correct. Today the minimum

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 requirements for a turn lane is 50 trips an hour. There are most trips that they

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 had was 12. Okay. Commissioner Villarreal. You're good thank you chair. So I know

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 there were two what seemed to be well attended public meetings regarding this

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 project. We only received one response form and was in opposition. Do we know

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 what the feeling was at those two community meetings? Was it relatively

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 supportive? I know a lot of the questions were answered by the applicant but do we

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 know what the communities feel was on this particular project? It's hard to say

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 from the neighborhood meeting since you received your backup I did receive

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 another letter in opposition earlier today and then I received a letter in

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 support from one property owner who owns seven parcels within the 200 foot area.

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 So one of the letters in opposition that I received today said that this would be

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 spot zoning and he wanted a specific zoning district from our 1991 code. So I

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 did speak to him on the phone before he sent in the letter and I let him know

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 that it's not rezoning it's going to stay R2 so it's not spot zoning. The

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 first letter of opposition I received did not have any information from them. So

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 it's hard to say how they felt. They did ask a lot of questions and there it was

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 I believe it was an hour and a half long at each meeting so there was a lot of

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 discussion back and forth but it was hard to say how they felt towards the

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 end of the meeting. Thank you. Thank you. Anything else at the moment? Thank you

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 very much. Yeah sure Tina go ahead. So one thing for the Commission to take in

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 consideration so no if this if the Commission finds that the traffic

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 concerns associated with this request are challenging I would ask that you

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 balance that in terms of if the property were to develop under the existing

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 single-family residential zoning you know they might be able to get four or

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 five lots in on that property and our traffic exemptions in terms of trips per

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 day are 10 trips per day. So if we have four or five single-family lots that are

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 being constructed there then you're looking at 40 to 50 trips per day which

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 is comparable to or exceeds what we're anticipating with the proposed vet

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 clinic. So just some information for your consideration. Thank you. Appreciate that.

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 Okay on to 4 CS 24 0002. Here is making her way up for that discussion. Hi. Hi

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 good evening chair and members of the Commission. Okay this is S 24 - 0002.

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 This is a request for an amendment to specific use permit 2003 - 325 to allow

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 for site changes to an existing DATCOOP facility. The site is located in the

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 southwest corner of the intersection of Teasley. This is also Teasley FM 2481

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 Lillian B Miller and Wind River and the Teasley Commons shopping center. So this

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 is an existing DATCOOP facility that they are just proposing to reduce drive

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 through banking lanes and replace with five additional parking lanes. The site

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 is currently zoned mixed-use neighborhood MN and the future zoning is

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 neighborhood mixed-use. The site is approximately 0.89 acres and staff is

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 recommending approval. I have a more detailed presentation in the main

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 session. Great. Questions? Mr. Pruitt? Just for clarification so we're all on the

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 same page. This type of amendment would normally be a staff review of reviewable

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 thing were it not for the SUP requirement for a drive-through existing

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 at all within the MN zoning district. Is that correct? Yes correct. Okay thank you.

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 Anything else? Okay thank you. Okay next is 4D PDA 230005. That is Mia's item today.

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 Good evening chair. Hi. Members of the Commission. This item PDA 230005 is a

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 plan development amendment for Gateway of Denton to establish a site plan for a

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 new auto fuel and auto wash development per a per our former ordinance that the

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 PD 139 was adopted under to adopt the site plan you'd have to go through the

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 PD process so in order to adopt that site plan in accordance with our current

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 standards you have to go through the PD amendment process and this does

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 constitute as a major amendment so that is why it's coming before this body. The

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 site itself is located just southeast at the southeast corner of Vintage

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 Boulevard and I-35W at approximately 4.3 acres. The site plan does meet all of our

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 criteria for approval and so staff is recommending approval of this site plan

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 as presented with some conditions to ensure that off-site improvements

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 associated with the proposed development are constructed accordingly. I do have a

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 more detailed site or presentation to go over in the regular session but if you

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 have any questions I can answer them now. Thank you. Mr. Barrett. Thank you chair. I

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 am being quick today. You're good. If I recall let me just make sure I'm not

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 being the idiot with the foot in my mouth. There was a application for a

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 multifamily that was down in this southeast corner of one of these

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 intersections. Is that directly south of this parcel or is that further south

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 with some buffer space in between? That is directly south of here and if you can

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 see sort of what this aerial is it's under construction currently. Okay so it

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 would connect right at that left access point right there. Correct. There is a so

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 there is a southern connection here on site or off street for that will be

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 established via cross access and then there's another connection to an

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 existing drive out here to the to the east. Okay thank you.

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 Anything else from you? Tina would like to add one thing. So for the benefit of our

00:17:21.040 --> 00:17:25.640
 newer commissioners I know some some of you more experienced commissioners have

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 seen a similar top request with the multifamily to the south. So one of the

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 normally with a planned development district amendment the commission would

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 have a fair amount of latitude. In this case you do not. Reason being is with

00:17:39.880 --> 00:17:43.960
 these old PDs and given how they transferred over I just wanted to let

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 you know you know as Mia pointed out this use is currently allowed by right

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 under the existing plan development district. So this is not a land use

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 discussion this evening. This is a process that an applicant has to go

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 through in order to be able to have their site plan approved. Normally this

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 would be something that we would approve at the staff level you know as Mia

00:18:02.640 --> 00:18:06.240
 pointed out this site plan meets all of our criteria. So this is more of a

00:18:06.240 --> 00:18:10.600
 ministerial function and less of a discretionary function. So since we don't

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 receive these that often want to especially let our newer commissioners

00:18:15.160 --> 00:18:18.960
 know that that we do not have nearly the amount of discretion with this type of

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 request this evening compared to what we might have with a different type of plan

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 development district ordinance that you might consider. Thank you. Okay thanks

00:18:30.200 --> 00:18:38.960
 Mia. Okay our final public hearing item tonight is for EDCA 230002.

00:18:38.960 --> 00:18:49.520
 Hello Angie you're hearing this again. Hello Angie Manglaris development review

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 manager here to talk to you this evening about short-term rentals and the code

00:18:54.000 --> 00:19:05.560
 amendment process. Quick reminder for you all we are we did consider this item in

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 February and in March of this year and after discussion among staff and the

00:19:11.020 --> 00:19:16.920
 continually evolving legal landscape felt that a wider and broader public

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 outreach and public notification process was was needed so staff did mail out

00:19:21.160 --> 00:19:26.780
 approximately 30,000 postcards to advertise the the public hearing for

00:19:26.780 --> 00:19:30.480
 both Planning and Zoning Commission and City Council. There has not been any any

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 content change between the meetings but I will give you all an overview of what

00:19:35.520 --> 00:19:38.400
 we're talking about the proposed changes and why we're doing this. So the current

00:19:38.400 --> 00:19:42.680
 state of short-term rentals short-term rentals are currently allowed in all

00:19:42.680 --> 00:19:48.680
 zoning districts RR through R7 as well as MN. They're currently defined as a

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 rental of an entire dwelling unit for a period of time less than 30 consecutive

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 days not including a bed and breakfast a boarding room hotel or motel. They are

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 currently subject to hotel occupancy taxes. They are required to register

00:20:03.360 --> 00:20:09.560
 register to operate. We estimate approximately 33 of maybe 250 in the

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 city are registered. They are required to provide a 24-hour emergency contact.

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 There is not a permit cap today for short-term rentals. Short-term rentals

00:20:21.200 --> 00:20:25.620
 are different from a bed and breakfast as well as from a hotel by by the

00:20:25.620 --> 00:20:28.880
 definitions you see here. The main the main points of difference between a bed

00:20:28.880 --> 00:20:32.520
 and breakfast and a short-term rental is a bed and breakfast is owner occupied or

00:20:32.520 --> 00:20:38.440
 occupied by a resident manager rooms are rented and meals may be preserved I'm

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 sorry served to those who are staying overnight. A hotel is a facility that

00:20:45.040 --> 00:20:49.200
 offers transient lodging for a daily rate for a period of time not to exceed

00:20:49.200 --> 00:20:53.120
 30 days and provides additional services. Those could be restaurants meeting rooms

00:20:53.120 --> 00:20:56.920
 and recreation facilities. They're also accessed through a main entry such as a

00:20:56.920 --> 00:21:06.280
 hallway. There was a town hall discussion that was held last week. The discussion

00:21:06.280 --> 00:21:10.360
 varied but two of the main points that came out of that was the hotel

00:21:10.360 --> 00:21:16.960
 occupancy taxes and some concern over being subject to those. That's that's not

00:21:16.960 --> 00:21:20.560
 really part of this discussion. This is a land use discussion and I did want to

00:21:20.560 --> 00:21:26.200
 point out that hotel occupancy taxes are currently required. They're authorized by

00:21:26.200 --> 00:21:32.260
 the state tax code and the decision to to impose hotel occupancy taxes was

00:21:32.260 --> 00:21:38.620
 approved by city ordinance I believe in the 90s maybe 96. So that's where the

00:21:38.620 --> 00:21:42.320
 city gets the authority to impose hotel occupancy taxes and and like I said they

00:21:42.320 --> 00:21:48.240
 are currently required to date. Another topic that came up was the hundred foot

00:21:48.240 --> 00:21:53.280
 distance separation. There was concern among those who who currently have units

00:21:53.280 --> 00:21:59.160
 that they may not meet those requirements. Those who are registered

00:21:59.160 --> 00:22:05.800
 before August 1 2024 they would be considered to be legal non-conforming

00:22:05.800 --> 00:22:10.560
 uses and legal non-conforming uses are subject to the provisions in DDC sub

00:22:10.560 --> 00:22:16.600
 chapter 1.5. That section is rather lengthy but but two main points you they

00:22:16.600 --> 00:22:21.600
 the non-conforming status is kept provided there's not a structural

00:22:21.600 --> 00:22:25.560
 alteration of the building specifically an enlargement and enlargement of the

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

00:22:32.160 --> 00:22:39.440
 circumstances in which an individual may lose their non-conforming status. Having

00:22:39.440 --> 00:22:43.920
 said all of that today we are here to discuss updates to the short-term rental

00:22:43.920 --> 00:22:48.640
 provisions within the DDC that includes our table of allowed uses, use specific

00:22:48.640 --> 00:22:53.000
 standards, commercial specific standards, our parking requirements as well as

00:22:53.000 --> 00:22:58.400
 definitions all as they relate to short-term rentals. The reason for this

00:22:58.400 --> 00:23:03.760
 is a public engagement survey did show concerns related to the impacts of STRs

00:23:03.760 --> 00:23:08.120
 on established residential neighborhoods. The amendments are intended to limit

00:23:08.120 --> 00:23:13.560
 limit any impacts and strengthen the ability of the city's ability to enforce

00:23:13.560 --> 00:23:18.720
 short-term regulations. It's to ensure compliance with recently established

00:23:18.720 --> 00:23:23.220
 legal precedents to strengthen the enforcement of our regulations and

00:23:23.220 --> 00:23:27.000
 assist with the collection of hotel occupancy taxes and is consistent with

00:23:27.000 --> 00:23:31.040
 the DDC's overall purpose statement to promote the health life and safety of

00:23:31.040 --> 00:23:38.080
 the City of Denton and its inhabitants. With that we are recommending

00:23:38.080 --> 00:23:43.480
 approval of the code amendments as they do meet the criteria for approval in the

00:23:43.480 --> 00:23:49.360
 DDC. I will have the the detailed presentation to go through during

00:23:49.360 --> 00:23:53.080
 regular session but I'm happy to answer any questions you all may have now. Thanks

00:23:53.080 --> 00:23:59.680
 Angie. We have questions now for Angie. Commissioner Pratt? Just two things more

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

00:24:03.080 --> 00:24:10.940
 public present. One in order to be eligible for the legal non-conforming

00:24:10.940 --> 00:24:16.200
 status do they have to meet the requirements to register for a short

00:24:16.200 --> 00:24:21.480
 term rental under our current code without this amendment? Yes so to get

00:24:21.480 --> 00:24:25.520
 that status somebody would need to be able to register and and be a legally

00:24:25.520 --> 00:24:31.560
 allowed use today in order to one had ever been legal to maintain that or to

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

00:24:36.360 --> 00:24:41.680
 parse words too much but there might be some edge cases like somebody who is

00:24:41.680 --> 00:24:45.440
 renting out a bedroom that's not in a complete dwelling unit who would be

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

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

00:24:55.280 --> 00:24:59.760
 and wouldn't be allowed to come register tomorrow that's correct. And then last

00:24:59.760 --> 00:25:09.000
 thing just to make sure that the public grasps it the hundred foot separation as

00:25:09.000 --> 00:25:14.880
 I understand it is applicable for applicants within a residential zoning

00:25:14.880 --> 00:25:20.040
 district but not under some of the mixed use districts is that correct? That's

00:25:20.040 --> 00:25:24.240
 correct and I have separate slides for how it applies in residential and

00:25:24.240 --> 00:25:30.240
 non-residential to hopefully capture that. Very good thank you. Commissioner Thacker.

00:25:30.240 --> 00:25:37.520
 So looking at the hotel occupancy tax and you know mentioning strengthening the

00:25:37.520 --> 00:25:41.840
 enforcement of that short-term regulation and basically us coming up

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

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

00:25:52.720 --> 00:25:56.680
 understanding in in kind of working with our our team who's implementing the new

00:25:56.680 --> 00:26:02.080
 software is an individual has to be identified as a short-term rental for

00:26:02.080 --> 00:26:05.960
 the city to know that you are a an operating short-term rental that is

00:26:05.960 --> 00:26:12.000
 subject to that tax and so when a short-term rental permit is issued our

00:26:12.000 --> 00:26:17.000
 finance team works with them to ensure they're remitting that tax and so those

00:26:17.000 --> 00:26:23.440
 who are registered they they're remitting either on a monthly or a

00:26:23.440 --> 00:26:28.000
 quarterly basis and then I mean the hotels and motels of the city are more

00:26:28.000 --> 00:26:32.200
 identifiable than the short-term rentals where you're you may not be sure if one

00:26:32.200 --> 00:26:36.200
 is operating but so that's how it's currently working and will continue to

00:26:36.200 --> 00:26:39.680
 work in much the same manner the new software that we have again will be

00:26:39.680 --> 00:26:43.400
 helpful in putting everything in one succinct place as well as identifying who

00:26:43.400 --> 00:26:50.380
 may be a short-term rental but not yet registered. Thank you. Anything else at

00:26:50.380 --> 00:26:56.560
 the moment? Commissioner Padron. So I have a question about the registration. Yep.

00:26:56.560 --> 00:27:01.560
 So reading the information they have to renew annually correct? Correct. Is there

00:27:01.560 --> 00:27:08.160
 any priority given to persons that had registered prior? Yes it's specified I

00:27:08.160 --> 00:27:12.440
 can pull up which subsection but if you if you're registered your renewal period

00:27:12.440 --> 00:27:16.840
 starts in November so you have November to December to do so new registrations

00:27:16.840 --> 00:27:23.720
 are accepted following the first of the year. Commissioner Fager. Sorry one more

00:27:23.720 --> 00:27:28.000
 question and you know remind me if I have forgotten I've slept since the last

00:27:28.000 --> 00:27:34.280
 time we discussed this. Where did we come up with the thousand cap? Yep great

00:27:34.280 --> 00:27:43.080
 question. In the the survey that we held the question about is is is a density

00:27:43.080 --> 00:27:48.160
 limitation or or regulation needed or desired and and the sentiment was yes

00:27:48.160 --> 00:27:52.800
 but results varied greatly. And to interrupt we're talking about

00:27:52.800 --> 00:27:57.400
 residential districts for the thousand. Yes that's where the thousand

00:27:57.400 --> 00:28:03.240
 cap applies yes and the survey results also showed that of those who preferred

00:28:03.240 --> 00:28:07.800
 to see more enforcement on STR as it was in neighborhoods what we saw our

00:28:07.800 --> 00:28:11.600
 downtown or commercial areas is maybe more acceptable to that use. So in

00:28:11.600 --> 00:28:18.040
 exploring density a variety of options were were looked at but what it what it

00:28:18.040 --> 00:28:25.280
 came to was 1,000 residential units is roughly 3% of all single-family zoned

00:28:25.280 --> 00:28:32.040
 properties in the city of Denton or parcels in the city of Denton. And in

00:28:32.040 --> 00:28:36.440
 looking at different numbers and at different thresholds that that was an

00:28:36.440 --> 00:28:42.080
 agreeable middle ground compromise from from those who who wanted to see none to

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

00:28:52.040 --> 00:28:54.880
 this is what the ordinance is amending but it was also understood that if we

00:28:54.880 --> 00:28:59.680
 see that we're running into two issues and the 3% for some reason if something

00:28:59.680 --> 00:29:04.720
 changes or Denton suddenly has much more STRs that it may be appropriate to

00:29:04.720 --> 00:29:08.840
 revisit that from time to time but that this felt like an agreeable starting

00:29:08.840 --> 00:29:16.880
 point. So I mean as we get more houses the 3% is going to create a

00:29:16.880 --> 00:29:20.440
 different number right so is that something that we are going to kind of

00:29:20.440 --> 00:29:25.520
 consider annually or as we do like massive developments? I don't know that

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

00:29:30.440 --> 00:29:34.680
 that's easily trackable and if we see that we're really running into some

00:29:34.680 --> 00:29:40.480
 issues it could be brought up that it might be time to revisit this. And again

00:29:40.480 --> 00:29:44.680
 with it only applying to single-family it could be that we start to get more

00:29:44.680 --> 00:29:49.320
 located towards downtown where that cap doesn't apply it's difficult to say how

00:29:49.320 --> 00:29:58.480
 it will play out. Anything else? Okay thank you Angie. Thank you. Okay that works us

00:29:58.480 --> 00:30:04.720
 through our agenda for this evening so we have one work session report and that

00:30:04.720 --> 00:30:11.560
 is 2A PZ 24 100 receive a report and hold a discussion regarding amenity

00:30:11.560 --> 00:30:28.000
 centers. Hello Erin. Hello. Okay Erin Stanley assistant planner. So this is a

00:30:28.000 --> 00:30:33.480
 presentation about amenity centers in response to a question from former

00:30:33.480 --> 00:30:40.120
 Councilman Tim Smith just about general inquiries of the requirements and

00:30:40.120 --> 00:30:45.240
 regulations for amenity centers. So the definition in the DDC of an amenity

00:30:45.240 --> 00:30:50.400
 center is a building or facility owned or operated by a corporation association

00:30:50.400 --> 00:30:55.640
 person or persons for a place of meeting social cultural educational or

00:30:55.640 --> 00:31:00.040
 recreational purposes to which membership or residency requirements is

00:31:00.040 --> 00:31:06.520
 required for participation. We currently allow amenity centers in all they're

00:31:06.520 --> 00:31:13.120
 permitted by right in all districts that allow residential uses and we do

00:31:13.120 --> 00:31:19.280
 require amenity center parking one space per 300 square feet gross floor area

00:31:19.280 --> 00:31:24.160
 and parking must be located to the side or rear of the building in limited

00:31:24.160 --> 00:31:27.920
 situations depending on the zoning district classification of the budding

00:31:27.920 --> 00:31:32.200
 roadway surrounding development they could have parking in the front of the

00:31:32.200 --> 00:31:39.440
 building but the standard is to the side or rear. Amenity centers are a non

00:31:39.440 --> 00:31:43.160
 residential use even though they're commonly associated with residential

00:31:43.160 --> 00:31:47.200
 uses so they have they follow all of the non residential building standards

00:31:47.200 --> 00:31:51.300
 their primary at building orientation would be towards the street rather than

00:31:51.300 --> 00:31:55.400
 a parking area trash storage and mechanical equipment needs to be

00:31:55.400 --> 00:31:59.960
 located away from public view and the building needs to have no more than 50

00:31:59.960 --> 00:32:05.360
 continuous feet without a horizontal or vertical break they also it would be

00:32:05.360 --> 00:32:09.800
 subject to all of the landscape standards that the same any other

00:32:09.800 --> 00:32:14.960
 non-residential use would be required to follow one thing to note is that any

00:32:14.960 --> 00:32:20.800
 amenity centers directly adjacent to single-family detached duplex townhome

00:32:20.800 --> 00:32:27.160
 multifamily uses would be required to buffer between those uses 30 feet or

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

00:32:34.040 --> 00:32:38.080
 required to follow all tree preservation and access and circulation

00:32:38.080 --> 00:32:45.140
 standards in the DDC the same as any other non-residential use. The main

00:32:45.140 --> 00:32:50.280
 thing to remember is amenity centers are not required they are optional to

00:32:50.280 --> 00:32:55.400
 include in any neighborhood and a multifamily any residential development

00:32:55.400 --> 00:33:00.760
 they when they are required they need to be in addition to any required

00:33:00.760 --> 00:33:07.720
 requirement for open space that duplexes townhomes multifamily has and they we

00:33:07.720 --> 00:33:12.720
 most commonly see them on multifamily developments and in that case they're

00:33:12.720 --> 00:33:17.840
 evaluated at the same time as all of the other multifamily buildings the site

00:33:17.840 --> 00:33:22.760
 design is all evaluated together and in that single-family residential

00:33:22.760 --> 00:33:27.240
 developments the amenity centers we typically look at them to be located on

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

00:33:34.840 --> 00:33:38.920
 be responsible for the financial aspect and the maintenance of the of the

00:33:38.920 --> 00:33:44.580
 amenity center and then when staff reviews amenity centers we are looking

00:33:44.580 --> 00:33:51.440
 for what adjacent street types are make sure it's in an accessible area and that

00:33:51.440 --> 00:33:57.320
 it has sufficient parking access and circulation so here are just a few

00:33:57.320 --> 00:34:05.320
 examples this one is Eagle Creek I believe yes this is Eagle Creek and so

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

00:34:10.600 --> 00:34:17.400
 lot so there's the maintenance provided there and this one is sage brook also

00:34:17.400 --> 00:34:22.840
 located on an HOA lot at the the cul-de-sac providing parking but they

00:34:22.840 --> 00:34:28.760
 also are required their on-site parking as well and that is the presentation but

00:34:28.760 --> 00:34:36.640
 I'll stand for any questions questions commissioner Perot thank you chair so

00:34:36.640 --> 00:34:42.960
 the the buffering requirement is that purely to vertical improvements for I'm

00:34:42.960 --> 00:34:47.600
 just trying to understand like the delineation between amenity center and

00:34:47.600 --> 00:34:53.600
 like a park with us great right right that would be between the the building

00:34:53.600 --> 00:34:58.960
 itself or any like permanent structure okay like a splash pad that's different

00:34:58.960 --> 00:35:02.400
 from an amenity center that would probably be just part of like their open

00:35:02.400 --> 00:35:05.960
 space amenities but not the amenity center building itself and if they

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

00:35:10.800 --> 00:35:16.400
 just trying to understand definitions if that makes sense that would are you

00:35:16.400 --> 00:35:23.360
 thinking and like a multifamily development anything just yeah and the

00:35:23.360 --> 00:35:27.360
 permanent structure would be would is what triggers that would trigger the

00:35:27.360 --> 00:35:37.040
 buffer okay to buffer between here we go over how parking is determined this is

00:35:37.040 --> 00:35:42.080
 the required parking calculation so just one space per the gross floor area of

00:35:42.080 --> 00:35:49.280
 the building every 300 feet I mean I'm sure most amenity centers are based on

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

00:35:59.000 --> 00:36:02.680
 thank you for the presentation appreciate it you're welcome all right

00:36:02.680 --> 00:36:06.680
 that takes us completion of our work session so we'll go ahead and adjourn at

00:36:06.680 --> 00:36:13.960
 539 p.m. and we will reconvene in council chambers at 630 good evening

00:36:13.960 --> 00:36:16.320
 and welcome to the city of Denton's planning and zoning Commission meeting

00:36:16.320 --> 00:36:21.400
 for Wednesday May 29th 2024 with a quorum present I will call us to order

00:36:21.400 --> 00:36:27.000
 at 630 p.m. let the record show that Commissioner Cole is absent today first

00:36:27.000 --> 00:36:40.760
 item on our agenda is the Pledge of Allegiance to the u.s. and Texas flags

00:36:57.600 --> 00:37:04.160
 thank you everyone next item on our agenda is the approval of the minutes

00:37:04.160 --> 00:37:08.680
 from our May 15th meeting Commissioner Villarreal move approval Commissioner

00:37:08.680 --> 00:37:10.920
 Padron

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

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

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

00:37:40.400 --> 00:37:43.320
 the planning and zoning Commission Commissioner Villarreal I nominate

00:37:43.320 --> 00:37:50.120
 Commissioner Eric Pruitt for vice chair Commissioner Padron I second we've got a

00:37:50.120 --> 00:37:55.000
 first and a second for Commissioner Pruitt to be nominated as vice chair any

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

00:38:01.560 --> 00:38:20.040
 please that motion carries 5-0 welcome vice chair Pruitt I next item is 3b fr2

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

00:38:28.440 --> 00:38:34.920
 members of the Commission Angie Manglaris development manager this is fr2 3 0 0 0

00:38:34.920 --> 00:38:40.320
 3b it is a final replat of Glenwood Meadows the purpose of this replat is to

00:38:40.320 --> 00:38:45.360
 create Glenwood Meadows phase 2 which would establish approximately 42 lots on

00:38:45.360 --> 00:38:50.120
 a little over 10 acres of land when Glenwood Meadows was platted this area

00:38:50.120 --> 00:38:54.840
 was situated within the FEMA floodplain and they are working on working through

00:38:54.840 --> 00:38:59.040
 the Clomar and Lomar process to bring that out of the floodplain they're not

00:38:59.040 --> 00:39:03.520
 quite at full approval status yet as the final Lomar for the project has not been

00:39:03.520 --> 00:39:06.880
 received and all lots wouldn't be developable due to that so staff is

00:39:06.880 --> 00:39:10.160
 recommending a conditional approval of this final plot the recommended

00:39:10.160 --> 00:39:15.880
 condition is before you on your screen once that Lomar is received they will

00:39:15.880 --> 00:39:19.080
 have to come back to planning and zoning Commission to receive their their final

00:39:19.080 --> 00:39:22.000
 approval without conditions happy to answer any questions you all may have

00:39:22.000 --> 00:39:29.640
 thanks Angie any questions okay thank you so much for the presentation

00:39:29.640 --> 00:39:34.880
 sure couldn't look for a discussion or a motion Commissioner Villarreal I

00:39:34.880 --> 00:39:41.120
 recommend approval with conditions Commissioner Pruitt second and I'll

00:39:41.120 --> 00:39:45.320
 clarify that is the motion to approve with staff condition as presented okay

00:39:45.320 --> 00:39:51.400
 we've got a first and a second to approve this item as presented and

00:39:51.400 --> 00:40:00.960
 questions or discussion let's go ahead and vote please that motion carries five

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

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

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

00:40:20.680 --> 00:40:26.680
 for presentation and I will open the public hearing good evening chair

00:40:26.680 --> 00:40:31.680
 members of the Commission Ashley exit associate planner this is s 23 6 right

00:40:31.680 --> 00:40:36.320
 denton Teasley this is a request for a specific use permit to allow our

00:40:36.320 --> 00:40:40.640
 veterinary clinic use on approximately two acres of land this site is generally

00:40:40.640 --> 00:40:44.400
 located on the south side of Teasley Lane west of Pennsylvania Drive the

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

00:40:48.800 --> 00:40:54.080
 use is low residential which is shown on the map to the right the proposed site

00:40:54.080 --> 00:40:58.040
 plan shows an approximately 4,000 square foot building with approximately 30 foot

00:40:58.040 --> 00:41:03.240
 height that is outlined on the shown site plan in blue they did design it with

00:41:03.240 --> 00:41:06.520
 their residential architectural style to be compatible with the surrounding

00:41:06.520 --> 00:41:10.440
 neighborhood and those elevations are shown on your screen as well they're

00:41:10.440 --> 00:41:14.680
 proposing an outdoor fence dog run that is shown on your plan outlined in green

00:41:14.680 --> 00:41:19.520
 they did request a director modification for additional parking spaces we did

00:41:19.520 --> 00:41:24.040
 approve those additional 14 parking spaces and those 14 parking spaces will

00:41:24.040 --> 00:41:28.240
 be pervious the parking is located to the front of the building and also on

00:41:28.240 --> 00:41:33.320
 the west side the right of way dedication is outlined on the plan in red

00:41:33.320 --> 00:41:37.240
 we do feel this sets the area up for better long-term connectivity in the

00:41:37.240 --> 00:41:41.280
 future and based on neighborhood feedback at a neighborhood meeting they

00:41:41.280 --> 00:41:45.120
 did show their original plan showed a fire lane connecting to the church to

00:41:45.120 --> 00:41:49.600
 the east through a public access easement onto Pennsylvania and that has

00:41:49.600 --> 00:41:53.920
 been removed to address neighborhood and staff concerns and this new plan does

00:41:53.920 --> 00:41:58.960
 not add any additional traffic to Pennsylvania the proposed landscape plan

00:41:58.960 --> 00:42:03.440
 shows approximately 52 percent landscape area and 70 percent tree canopy cover

00:42:03.440 --> 00:42:07.520
 street trees are placed along Teasley and the new right of way and those are

00:42:07.520 --> 00:42:11.780
 both outlined on the plan in blue they are proposing parking lot landscaping

00:42:11.780 --> 00:42:17.280
 including end caps and landscape islands with the tree in each this does meet the

00:42:17.280 --> 00:42:21.240
 criteria for approval it's consistent with the 2040 comprehensive plan and the

00:42:21.240 --> 00:42:25.700
 future land use map it's also compatible with the surrounding area approval of

00:42:25.700 --> 00:42:29.240
 this SUP is not expected to generate significant adverse environmental

00:42:29.240 --> 00:42:34.440
 infrastructure or fiscal impacts public outreach was done an ad was posted in

00:42:34.440 --> 00:42:38.160
 the newspaper on the website and a sign was posted on the property we mailed out

00:42:38.160 --> 00:42:42.200
 notices to everyone within 500 feet and at the time that we sent out your backup

00:42:42.200 --> 00:42:46.040
 we had only received one response in opposition that has now changed we

00:42:46.040 --> 00:42:50.960
 received two for a total of 5.3 percent in one response in favor from one

00:42:50.960 --> 00:42:55.440
 property owner who owns seven parcels and that is approximately 30% in favor

00:42:55.440 --> 00:43:01.680
 there were also neighborhood meetings held on January 24th and May 1st staff

00:43:01.680 --> 00:43:05.080
 does recommend approval of the SUP with the following conditions and many of

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

00:43:09.080 --> 00:43:12.520
 in the landscape plan will substantially comply to what has been attached

00:43:12.520 --> 00:43:16.640
 Teasley is a text out roadway so any improvements within the text that roadway

00:43:16.640 --> 00:43:20.880
 do require approval by text dot any minor alterations to relocate the

00:43:20.880 --> 00:43:25.120
 proposed right of way that extends south of Teasley Lane Lee relocate parking

00:43:25.120 --> 00:43:29.880
 spaces impacted by that relocation or at a turn lane can be approved by staff

00:43:29.880 --> 00:43:35.160
 all other changes to the site access will require an SUP amendment happy to

00:43:35.160 --> 00:43:37.960
 answer any questions and the applicant is also here and would like to speak and

00:43:37.960 --> 00:43:42.640
 also to answer questions great thank you Ashley any questions for staff at this

00:43:42.640 --> 00:43:47.280
 moment okay and you said the applicant does have a presentation she doesn't

00:43:47.280 --> 00:43:50.000
 have a presentation but she would like to speak okay excellent we have a card

00:43:50.000 --> 00:43:56.960
 so I'll invite the applicant here that would be great yep hello I'm super

00:43:56.960 --> 00:44:03.080
 nervous I'm Cassie I'm dr. Epstein I currently have a practice in town right

00:44:03.080 --> 00:44:09.240
 on the other side of the South Branch Library on Teasley I've moved here in

00:44:09.240 --> 00:44:13.280
 2000 I think this is the right development partially because I bought

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

00:44:16.600 --> 00:44:22.240
 that's part of it but I've worked closely with the city shelter and with

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

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

00:44:32.800 --> 00:44:39.120
 house and it's not purpose-built and we're kind of bumping into each other

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

00:44:45.120 --> 00:44:50.320
 also still pretty green and friendly I live around the corner on Santa Monica

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

00:44:56.120 --> 00:45:03.760
 possible in that area so great any questions thank you dr. I'm seeing any

00:45:03.760 --> 00:45:09.860
 questions Commissioner Thacker so I noticed on the model that there was like

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

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

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

00:45:27.080 --> 00:45:32.600
 secondary like safety measure so that we don't have anybody loose I don't want

00:45:32.600 --> 00:45:37.360
 them walking dogs like right near Teasley with only a leash okay fair enough so

00:45:37.360 --> 00:45:42.240
 thanks we won't have any boarding or like overnight things or anything like

00:45:42.240 --> 00:45:48.600
 that it's just a day practice yes and you're good commissioner Thacker do you

00:45:48.600 --> 00:45:52.200
 know do doggy daycare or anything like that yeah it is just it is your practice

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

00:45:56.680 --> 00:46:02.780
 responsibility under my belt and I'm not the time to sell the corporate and make

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

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

00:46:12.560 --> 00:46:20.080
 I do yeah awesome okay thank you any further questions okay thank you for

00:46:20.080 --> 00:46:23.120
 being here thank you appreciate it appreciate it thank you oh this is a

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

00:46:26.760 --> 00:46:32.880
 to speak anyone wishing to speak on this item come on down just state your name

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

00:46:37.720 --> 00:46:43.000
 of the parks board for the city of Denton and a former employee of dr.

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

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

00:46:57.120 --> 00:47:02.960
 employees I would just also like to reiterate the need for a new nice

00:47:02.960 --> 00:47:11.520
 purpose-built building thank you thank you is there anyone else wishing to

00:47:11.520 --> 00:47:20.600
 speak on this item okay with that I will close the public hearing and open the

00:47:20.600 --> 00:47:24.600
 floor for a motion or discussion

00:47:27.120 --> 00:47:38.600
 Commissioner Villarreal I move approval Commissioner Thacker second we've got a

00:47:38.600 --> 00:47:46.640
 first and a second for approval is there any further discussion okay we'll go

00:47:46.640 --> 00:47:49.480
 ahead and vote on the board please

00:47:57.120 --> 00:48:07.280
 that motion carries five zero and that will take us to 4c s24 0002 Aaron is

00:48:07.280 --> 00:48:11.800
 here for presentation and I will open the public hearing

00:48:11.800 --> 00:48:22.880
 good evening chair members of the commission Aaron Stanley assistant

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

00:48:31.400 --> 00:48:37.880
 2003 - 325 to amend the original site plan of an existing financial

00:48:37.880 --> 00:48:43.000
 institution to put to allow for a reduction in the number of drive-through

00:48:43.000 --> 00:48:47.920
 banking lanes and replace some of these with additional parking the site is

00:48:47.920 --> 00:48:52.680
 located here in the Teasley Commons shopping center southwest of Teasley

00:48:52.680 --> 00:48:58.880
 Wind River and Lillian B Miller and the current zoning is mixed use

00:48:58.880 --> 00:49:06.680
 neighborhood and future zoning is neighborhood mixed use so in 2003 a

00:49:06.680 --> 00:49:11.160
 detailed site plan was approved with a specific use permit to allow for

00:49:11.160 --> 00:49:16.660
 drive-through uses for the Dacu building and the original site plan as you can

00:49:16.660 --> 00:49:21.520
 see here in the upper right corner allowed for six drive-through banking

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

00:49:27.880 --> 00:49:33.480
 years since 2003 there have been several changes to the site you'll see these 20

00:49:33.480 --> 00:49:39.960
 parking spaces there are now 14 to allow for a dumpster a handicap handicap spot

00:49:39.960 --> 00:49:47.040
 and an ADA loading space and there are five drive-through banking lanes and a

00:49:47.040 --> 00:49:54.240
 access drive around the southern portion so the original SUP in 2003 did not for

00:49:54.240 --> 00:49:58.360
 allow for any minor modifications to the site and so the director has

00:49:58.360 --> 00:50:03.040
 determined that an amendment to the SUP would require adoption of a new ordinance

00:50:03.040 --> 00:50:13.960
 and an updated site plan so so the specifically the request is going to be

00:50:13.960 --> 00:50:19.000
 to reduce from the existing five drive-through lanes to three drive-through

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

00:50:25.760 --> 00:50:31.000
 on site so as I previously mentioned the original site plan called for 20 today

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

00:50:38.560 --> 00:50:44.640
 be provided on site as parking relief this updated plan will also extend the

00:50:44.640 --> 00:50:48.000
 pedestrian pathway around the side of the building that's to the southern

00:50:48.000 --> 00:50:52.280
 portion of the building to connect to these new parking spaces and they are

00:50:52.280 --> 00:50:56.480
 also proposing an 88 square foot vestibule vestibule on the front of the

00:50:56.480 --> 00:51:00.640
 building to serve as the main entrance and really just to match the other

00:51:00.640 --> 00:51:06.960
 Dacu sites in the city there will also be a landscape plan approved with the

00:51:06.960 --> 00:51:12.680
 updated site plans with with this they showed that they are still meeting they

00:51:12.680 --> 00:51:18.520
 required 20% landscape area providing night or providing 22% in the

00:51:18.520 --> 00:51:24.840
 development impact area and tree canopy is increasing to 42% by adding this one

00:51:24.840 --> 00:51:34.320
 tree here to close to the added parking so staff reviewed the request against

00:51:34.320 --> 00:51:41.480
 both of the original site specific use permit from 2003 and the Denton the

00:51:41.480 --> 00:51:46.560
 Denton Development Code in 2019 and found that it is matches the standards

00:51:46.560 --> 00:51:50.880
 of the original site plan and the current code to the greatest extent

00:51:50.880 --> 00:51:56.160
 possible the proposal is also consistent with the comprehensive plan and future

00:51:56.160 --> 00:52:02.240
 land use map and the current zoning district and as this is an existing site

00:52:02.240 --> 00:52:07.600
 these improvements or changes on site are not expected to generate any

00:52:07.600 --> 00:52:11.320
 substantial impact to surrounding properties roadways or the environment

00:52:11.320 --> 00:52:15.520
 and utilities are not changing either with this they currently serve the site

00:52:15.520 --> 00:52:22.480
 and will continue to serve the site and staff conducted public outreach we mailed

00:52:22.480 --> 00:52:29.640
 200 foot notices to 12 properties and 500 foot courtesy notices to all

00:52:29.640 --> 00:52:34.840
 residents within the 500 feet we did receive four responses in favor from the

00:52:34.840 --> 00:52:38.560
 neighboring properties the commercial properties in the Teasley common

00:52:38.560 --> 00:52:46.320
 shopping center totaling 58% in favor and staff is recommending approval of

00:52:46.320 --> 00:52:51.760
 the SCP amendment with a few conditions primarily these are just going to allow

00:52:51.760 --> 00:52:57.520
 for future minor modifications for things like a reduction in parking space

00:52:57.520 --> 00:53:02.440
 or a slight reduction in the building coverage and to allow for staff to change

00:53:02.440 --> 00:53:06.680
 any depicted locations of the on-site pedestrian pathways or individual

00:53:06.680 --> 00:53:14.200
 plantings things like that and with that is my presentation I believe the

00:53:14.200 --> 00:53:18.440
 applicant is here I don't know if he wants to speak but to answer any

00:53:18.440 --> 00:53:22.800
 questions great thank you Aaron appreciate it any questions for staff at

00:53:22.800 --> 00:53:29.560
 this point okay thank you this is a public hearing I don't have cards

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

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

00:53:39.160 --> 00:53:45.680
 the floor for a motion or discussion Commissioner Pruitt I'll move approval

00:53:45.680 --> 00:53:49.760
 is presented and I just want to thank staff for updating this older ordinance

00:53:49.760 --> 00:53:55.680
 so that it follows our current practice best practice of understanding the minor

00:53:55.680 --> 00:53:59.000
 modifications are sometimes necessary in the future thank you

00:53:59.000 --> 00:54:04.220
 Commissioner Thacker I second and echo what Pruitt said very good got a first

00:54:04.220 --> 00:54:11.080
 and a second for approval any discussion okay let's go ahead and vote please

00:54:11.080 --> 00:54:19.760
 that motion carries five zero that will take us to our next public hearing item

00:54:19.760 --> 00:54:25.560
 for this evening for dpda two three zero zero zero five Mia is here for

00:54:25.560 --> 00:54:34.240
 presentation and I will open the public hearing good evening chair members of

00:54:34.240 --> 00:54:42.280
 the Commission Mia Heinz this item PDA 23 - zero zero zero five is a request to

00:54:42.280 --> 00:54:48.480
 establish a site plan for an auto fuel and auto wash development the site is

00:54:48.480 --> 00:54:52.360
 approximately four point three acres located at the southeast corner of

00:54:52.360 --> 00:54:59.120
 vintage Boulevard and I 35 W the existing zoning is PD 139 with the

00:54:59.120 --> 00:55:05.040
 conceptual development for this area as business village and I'll get into the

00:55:05.040 --> 00:55:10.520
 PD here in a second and the future land use designation for this site is regional

00:55:10.520 --> 00:55:17.180
 mixed use so under PD 139 originally established in 1991 it included

00:55:17.180 --> 00:55:23.080
 approximately 450 acres and this site was included as a part of that plan

00:55:23.080 --> 00:55:28.000
 development again the initial concept for the development of this site was a

00:55:28.000 --> 00:55:36.960
 business village in 1999 that PD was amended to establish this area as a sort

00:55:36.960 --> 00:55:48.640
 of regional mixed use type of area under after the revision in 1999 the PD 139

00:55:48.640 --> 00:55:54.240
 was amended again in 2002 and then in 2022 there was a plan development

00:55:54.240 --> 00:55:58.960
 amendment for the multifamily site to the south the reason that the site plan

00:55:58.960 --> 00:56:02.800
 is become coming before this body the applicant is not proposing any

00:56:02.800 --> 00:56:08.640
 substantive change changes to the existing PD language they are simply

00:56:08.640 --> 00:56:12.280
 establishing a site plan for the development of a use that is already

00:56:12.280 --> 00:56:18.560
 permitted on this site per the standards and requirements that were adopted in

00:56:18.560 --> 00:56:23.680
 place at the time that this PD was adopted so with that proposed site plan

00:56:23.680 --> 00:56:28.600
 they are proposing a approximately 9300 square foot travel center with a

00:56:28.600 --> 00:56:34.240
 restaurant on the side 53 approximately just over 5300 square foot car wash

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

00:56:40.280 --> 00:56:45.880
 the east that has not had or it has not identified an end user or development

00:56:45.880 --> 00:56:51.720
 site plan the overall landscape percentage coverage is 40% of the street

00:56:51.720 --> 00:56:56.400
 yard as required per again the landscape ordinance in existence at the time of

00:56:56.400 --> 00:57:03.640
 this PD as far as access and connectivity for the moment they are

00:57:03.640 --> 00:57:07.880
 proposing to reconstruct the existing ten foot wide side path along vintage

00:57:07.880 --> 00:57:13.960
 boulevard to align with their eastbound right turn lane that's required for this

00:57:13.960 --> 00:57:21.200
 site in general the access point shown there to the west on side 35 circled in

00:57:21.200 --> 00:57:26.720
 red it will be a emergency only access point the point shown in green is

00:57:26.720 --> 00:57:35.440
 intended to be a entrance and exit point on vintage boulevard the yellow points

00:57:35.440 --> 00:57:40.680
 are pedestrian connectivity connection points and stubs the one to the south is

00:57:40.680 --> 00:57:45.200
 to the existing multifamily development and off-street pedestrian connection

00:57:45.200 --> 00:57:53.000
 point and then there are also two cross access points shown there in blue

00:57:53.000 --> 00:57:58.800
 additionally as a part of off-site or off-street improvements attached to this

00:57:58.800 --> 00:58:02.320
 development they will be required to construct an eastbound right turn lane

00:58:02.320 --> 00:58:06.760
 on vintage boulevard a westbound left turn lane on vintage boulevard and a

00:58:06.760 --> 00:58:10.680
 median opening on message boulevard to ensure that this development has

00:58:10.680 --> 00:58:18.320
 adequate transportation or vehicular service this request is in line with the

00:58:18.320 --> 00:58:23.760
 criteria for approval in our current development code specifically the

00:58:23.760 --> 00:58:27.120
 proposed development is consistent with the didn't 2040 comprehensive plans

00:58:27.120 --> 00:58:31.200
 future land use designation of regional mixed use as it allows for the

00:58:31.200 --> 00:58:35.720
 development of those region to regional uses the proposed development complies

00:58:35.720 --> 00:58:39.640
 with the development standards applicable to this PD again those are the

00:58:39.640 --> 00:58:43.300
 standards that were initially established under that 1969 zoning

00:58:43.300 --> 00:58:48.520
 ordinance and the landscape ordinance from the 1990s this request does not

00:58:48.520 --> 00:58:54.000
 propose to remove any restrictions of the existing PD and adds additional

00:58:54.000 --> 00:59:00.080
 conditions given the existing context and and the proposed site plan we did

00:59:00.080 --> 00:59:06.840
 perform public outreach per our code to up to this point we have not received

00:59:06.840 --> 00:59:12.560
 any responses in favor or in opposition of the proposed site plan and with that

00:59:12.560 --> 00:59:16.440
 staff is recommending approval subject to the conditions fully detailed and

00:59:16.440 --> 00:59:19.920
 laid out in your backup but just to mention some of those and some of those

00:59:19.920 --> 00:59:24.240
 improvements that I mentioned in this presentation that emergency access or the

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

00:59:30.480 --> 00:59:36.120
 reconstruction of I 35 frontage road right away improvements for vintage

00:59:36.120 --> 00:59:39.880
 boulevard shall include an eastbound right turn lane westbound left turn lane

00:59:39.880 --> 00:59:45.120
 and median opening with vintage within vintage boulevard constructed per city

00:59:45.120 --> 00:59:50.240
 standards at this time I will take any questions or comments that you have and

00:59:50.240 --> 00:59:53.000
 I believe I did see the owner and applicant in the crowd if you have any

00:59:53.000 --> 00:59:57.080
 questions and for them thank you meal appreciate it any questions right now

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

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

01:00:09.120 --> 01:00:16.100
 state your name and address and your time will begin hello hello good evening

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

01:00:22.720 --> 01:00:27.200
 representing the ownership Victron energy incorporated we'll keep it short

01:00:27.200 --> 01:00:32.240
 and sweet for you guys we have been working with staff they've been honestly

01:00:32.240 --> 01:00:36.640
 really great to work with one of the better cities we've recently developed

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

01:00:41.640 --> 01:00:46.080
 were the largest my family owns it with largest family-owned convenience store

01:00:46.080 --> 01:00:50.480
 operator in the state of Texas we're based just south of Dallas Waxahachie we

01:00:50.480 --> 01:00:54.400
 have 200 convenience stores and travel centers we own and operate and we're also

01:00:54.400 --> 01:00:58.720
 franchisees with multiple different restaurant brands and we also own and

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

01:01:02.760 --> 01:01:07.200
 barbecue restaurant our travel center brand is called Texas best smokehouse you

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

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

01:01:17.680 --> 01:01:25.280
 in short if you have any questions just let me know we the original zoning on

01:01:25.280 --> 01:01:30.120
 this property was I would say very favorable to the user maybe not so

01:01:30.120 --> 01:01:34.560
 favorable to the city it had like five foot setbacks and almost a landscaping

01:01:34.560 --> 01:01:38.880
 requirement things like that and and the staff you know sort of asked us to

01:01:38.880 --> 01:01:43.000
 consider complying with the city's modern code requirements even though

01:01:43.000 --> 01:01:47.240
 perhaps technically we didn't absolutely have to but we were happy to do that and

01:01:47.240 --> 01:01:51.120
 so happy to be presenting this and putting it forward you know with no

01:01:51.120 --> 01:01:56.920
 variances based off of the current city's zoning and code so again if you

01:01:56.920 --> 01:02:00.680
 have any questions or comments I'm right here otherwise thank you very much thank

01:02:00.680 --> 01:02:06.520
 you for being here any questions okay thank you this is a public hearing is

01:02:06.520 --> 01:02:11.160
 there anyone else wishing to speak on this item okay I'll go ahead and close

01:02:11.160 --> 01:02:25.040
 the public hearing and open the floor for a motion or discussion I will go

01:02:25.040 --> 01:02:29.920
 ahead and move approval of this item as presented Mia thank you for doing a

01:02:29.920 --> 01:02:33.480
 great job in making things concise and understandable of what we were actually

01:02:33.480 --> 01:02:37.760
 looking at here so thank you very much Commissioner Villarreal second okay

01:02:37.760 --> 01:02:42.640
 we've got a first and a second for approval is there any discussion okay

01:02:42.640 --> 01:02:45.640
 let's go ahead and vote please

01:02:45.640 --> 01:02:55.520
 okay that motion carries five zero that will take us to our final public hearing

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

01:03:01.400 --> 01:03:09.320
 open the public hearing and Angie is here for presentation okay good evening

01:03:09.320 --> 01:03:13.400
 chair members of the Commission Angie Manglaris development review manager here

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

01:03:19.840 --> 01:03:26.140
 updates before we dive right into our conversation wanted to touch on hotel

01:03:26.140 --> 01:03:31.000
 occupancy taxes real quick as they they were they were brought up quite a bit in

01:03:31.000 --> 01:03:35.080
 our town hall that we held last week hotel occupancy taxes are currently

01:03:35.080 --> 01:03:40.640
 required by the development code for short-term rental operators short I'm

01:03:40.640 --> 01:03:46.240
 sorry hotel occupancy tax is authorized by this Texas state tax code and was

01:03:46.240 --> 01:03:51.480
 approved by city ordinance and so the the the use of hotel occupancy taxes is

01:03:51.480 --> 01:03:55.520
 not really part of this land use discussion it is approved by it by city

01:03:55.520 --> 01:04:00.440
 council and has been in effect since the 1990s it is a current requirement we're

01:04:00.440 --> 01:04:05.560
 not proposing to change that requirement as part of this discussion having said

01:04:05.560 --> 01:04:12.280
 that the item before you this evening is to update our table of allowed uses use

01:04:12.280 --> 01:04:16.360
 specific standards generally commercial use specific standards parking

01:04:16.360 --> 01:04:20.160
 requirements and definitions as they relate to the regulation of short-term

01:04:20.160 --> 01:04:26.400
 rentals reason being as staff was going through and looking at short-term rental

01:04:26.400 --> 01:04:30.120
 regulations in light of the continuing evolving litigation surrounding the use

01:04:30.120 --> 01:04:34.720
 public engagement was held and public engagement found that concerns related

01:04:34.720 --> 01:04:39.400
 to the impacts of short-term rentals on residential neighborhoods was relatively

01:04:39.400 --> 01:04:44.560
 high the amendments are intended to limit those potential impacts while

01:04:44.560 --> 01:04:48.480
 strengthening the city's ability to enforce STR regulations as issues may

01:04:48.480 --> 01:04:52.760
 arise in addition these amendments are designed to ensure compliance with

01:04:52.760 --> 01:04:56.920
 recently established legal precedent as well as strengthen the enforcement of

01:04:56.920 --> 01:05:01.200
 our short-term rental regulations to ensure that we are seeing compliance

01:05:01.200 --> 01:05:04.960
 with these regulations as well as aid in the collection of hotel occupancy taxes

01:05:04.960 --> 01:05:09.720
 a little bit about where we are today with short-term rentals short-term

01:05:09.720 --> 01:05:12.960
 rentals are currently allowed in all of our residential zoning districts by right

01:05:12.960 --> 01:05:17.200
 as well as in the neighborhood mixed-use zoning district short-term rentals are

01:05:17.200 --> 01:05:20.520
 currently defined as the rental of an entire dwelling unit for monetary

01:05:20.520 --> 01:05:24.440
 consideration for a period of time of less than 30 days this is a different

01:05:24.440 --> 01:05:28.960
 definition than what consists of a hotel registration is currently required a

01:05:28.960 --> 01:05:33.560
 local emergency contact or a 24-hour contact is currently required and there

01:05:33.560 --> 01:05:36.840
 is no cap on the number of short-term rentals that may exist within the city

01:05:36.840 --> 01:05:41.800
 limits a little bit of more background on this this project really started at

01:05:41.800 --> 01:05:45.120
 the beginning of 2023 to comply with rulings that came out of the Fifth

01:05:45.120 --> 01:05:49.640
 Circuit which held that STR applicants being required to demonstrate that the

01:05:49.640 --> 01:05:54.320
 dwelling is their primary residence was unconstitutional staff determined that

01:05:54.320 --> 01:05:57.800
 there was a DDC requirement at that time that was in conflict with this and it

01:05:57.800 --> 01:06:01.520
 didn't need to be addressed that has been since amended that was approved back

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

01:06:06.920 --> 01:06:11.360
 requirements as I said recent litigation surrounding the land use as well as how

01:06:11.360 --> 01:06:17.360
 other cities in the metroplex and the state are regulating short-term rentals

01:06:17.360 --> 01:06:20.640
 as we reviewed we worked with the development code review committee in

01:06:20.640 --> 01:06:24.880
 several areas were identified where there was need for an improvement some

01:06:24.880 --> 01:06:28.120
 of that was just clarification and consolidation of existing language that

01:06:28.120 --> 01:06:33.440
 we had in our DDC that included refining what consists of a short-term rental to

01:06:33.440 --> 01:06:39.220
 allow for bedrooms to be listed as well as whole units that included refining

01:06:39.220 --> 01:06:42.800
 what a local emergency contact was and making sure that the ordinance was clear

01:06:42.800 --> 01:06:47.520
 that that is pointing to a definition that exists in the DDC some revisions

01:06:47.520 --> 01:06:50.600
 were made to the advertisement requirements for short-term rentals and

01:06:50.600 --> 01:06:55.800
 then additional clarification for enforcement and revocation policies as

01:06:55.800 --> 01:06:59.440
 well as starting to consider maximum densities for short-term rentals so that

01:06:59.440 --> 01:07:03.000
 discussion really went on for a lot of 2023 and it was followed by a heavy

01:07:03.000 --> 01:07:08.240
 public engagement plan there were two town halls conducted in the summer of

01:07:08.240 --> 01:07:12.040
 2023 to start putting the word out about the potential amendments and talked to

01:07:12.040 --> 01:07:17.360
 residents about it in addition a survey was conducted online it was open for a

01:07:17.360 --> 01:07:22.560
 approximately three weeks and about 220 individuals responded to the 20 question

01:07:22.560 --> 01:07:27.520
 survey results indicated a desire to maintain the integrity of established

01:07:27.520 --> 01:07:31.400
 single-family neighborhoods while also possibly allowing higher densities of

01:07:31.400 --> 01:07:36.320
 short-term rentals in other areas of the city at that time staff as well along

01:07:36.320 --> 01:07:39.800
 with the DC RC began exploring different thresholds for short-term rentals and

01:07:39.800 --> 01:07:44.400
 residential areas while still allowing for those uses to exist in non

01:07:44.400 --> 01:07:49.080
 residential areas such as our mixed-use areas and throughout the fall of 2023

01:07:49.080 --> 01:07:54.640
 the DC RC and staff really explored that density limitation having said all of

01:07:54.640 --> 01:07:58.160
 that and giving you some background I'm going to go over the proposed amendments

01:07:58.160 --> 01:08:02.320
 that we're considering this evening so the proposed amendments would allow a

01:08:02.320 --> 01:08:06.800
 short-term rental by right by any zoning district that allows for a short-term

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

01:08:11.200 --> 01:08:17.840
 districts as well as SC HC and geo in addition you specific standards were

01:08:17.840 --> 01:08:22.400
 modified to remove to add short-term rentals as those land uses that are

01:08:22.400 --> 01:08:25.680
 exempt from maximum persons occupying a dwelling unit in light of recent

01:08:25.680 --> 01:08:31.320
 legislation proposed amendments to the text modify the registration process to

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

01:08:35.720 --> 01:08:39.480
 does require that the management company be provided when that's applicable as

01:08:39.480 --> 01:08:43.560
 well as better clarify what constitutes a local emergency contact and that it's a

01:08:43.560 --> 01:08:50.460
 defined term in the DDC registration certificates is a new proposal as part

01:08:50.460 --> 01:08:54.960
 of these amendments as probably one of the more substantial changes so I will

01:08:54.960 --> 01:08:58.360
 break it down as to how that affects residential property residentially zoned

01:08:58.360 --> 01:09:02.080
 properties and then our commercially zoned areas so registration certificates

01:09:02.080 --> 01:09:07.720
 and residential zoning areas are limited to 1,000 registration certificates

01:09:07.720 --> 01:09:13.680
 issued per calendar year this applies to all properties within rr through r7

01:09:13.680 --> 01:09:17.440
 zoning the development services department shall process those

01:09:17.440 --> 01:09:21.600
 applications in the order in which they're received in the event that the

01:09:21.600 --> 01:09:25.080
 number 1,000 is ever reached in a calendar year applications will stop

01:09:25.080 --> 01:09:31.200
 being accepted and individuals could be will be asked to wait a maximum of two

01:09:31.200 --> 01:09:35.160
 short-term rental registration certificates may be issued per parcel

01:09:35.160 --> 01:09:39.900
 this would allow for an individual with a home and an adu to utilize both of

01:09:39.900 --> 01:09:45.160
 those spaces for short-term rentals and then a short-term rental unit cannot be

01:09:45.160 --> 01:09:48.520
 within a hundred feet of an existing short-term rental unit and this is

01:09:48.520 --> 01:09:52.840
 measured at the at the property line so an individual the short-term rental on

01:09:52.840 --> 01:09:58.040
 their parcel somebody new would like to come in the hundred foot property the

01:09:58.040 --> 01:10:01.400
 hundred foot would be taken from the property line to property line to

01:10:01.400 --> 01:10:07.880
 measure that separation distance in non-residential zoning districts which is

01:10:07.880 --> 01:10:12.080
 all of our mixed-use zoning districts suburban corridor highway corridor and

01:10:12.080 --> 01:10:18.720
 general office the thousand registration certificate cap does not apply for

01:10:18.720 --> 01:10:23.000
 multifamily developments so five units or more no more than ten percent of a

01:10:23.000 --> 01:10:28.520
 unit of those units could be listed as short-term rentals allowing at least two

01:10:28.520 --> 01:10:33.600
 short-term rentals per per multifamily development and those within

01:10:33.600 --> 01:10:40.720
 non-residential zoning districts are not subject to the 100 foot separation rule

01:10:40.720 --> 01:10:46.580
 some additional changes and clarification that has been provided for

01:10:46.580 --> 01:10:50.440
 in these amendments are to to clarify that a written safety briefing needs to

01:10:50.440 --> 01:10:54.240
 be provided to guests upon you know arriving and what those responsibilities

01:10:54.240 --> 01:10:59.400
 are for the management company to their guests notification of approval of a

01:10:59.400 --> 01:11:03.440
 short-term rental that section was modified slightly just to clarify when

01:11:03.440 --> 01:11:06.000
 notification goes out and what information needs to be included

01:11:06.000 --> 01:11:13.480
 including that a local emergency contact subsection or number six is revising the

01:11:13.480 --> 01:11:17.940
 registration term and fees which really specifies conditions under which a

01:11:17.940 --> 01:11:24.160
 short-term rental permit may be revoked the right to inspect premises just kind

01:11:24.160 --> 01:11:27.280
 of clarifying when those inspections should occur as part of this process

01:11:27.280 --> 01:11:32.840
 when somebody registers and then finally some amendments were made to the minimum

01:11:32.840 --> 01:11:36.640
 off-street parking we found our existing language to be a little confusing and so

01:11:36.640 --> 01:11:39.660
 the parking has been revised to specify that the maximum number of vehicles

01:11:39.660 --> 01:11:45.320
 allowed on-premise shall be limited to the available spaces on-site definitions

01:11:45.320 --> 01:11:48.920
 were revised to to clarify that a short-term rental shall not be less than

01:11:48.920 --> 01:11:53.320
 24 hours nor greater than 29 days and also allows for a bedroom to be

01:11:53.320 --> 01:11:58.000
 considered as a short-term rental and then the local emergency contact

01:11:58.000 --> 01:12:01.480
 definition again was just was modified to consolidate a little bit and make it

01:12:01.480 --> 01:12:07.680
 more clear again in summary these these are updates to several sections of the

01:12:07.680 --> 01:12:11.000
 debt and development code as it relates to the regulation of short-term rentals

01:12:11.000 --> 01:12:16.520
 this is compliant with the criteria for approval for tax amendments and the DC

01:12:16.520 --> 01:12:21.560
 and staff is recommending approval of these amendments which I just covered

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

01:12:26.240 --> 01:12:30.360
 questions you all may have thank you Angie any questions at the moment for

01:12:30.360 --> 01:12:36.920
 Angie Angie for clarification of those here and watching and listening with

01:12:36.920 --> 01:12:41.000
 regard to registration talk about that period and also about renewing a

01:12:41.000 --> 01:12:47.840
 registration sure so the registration period runs the the registration

01:12:47.840 --> 01:12:52.280
 validity period is is January 1 through December 31 so that is the the time

01:12:52.280 --> 01:12:57.880
 period for which all registrations are valid for those that are currently

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

01:13:02.320 --> 01:13:06.600
 requirements they've gone into effect as the year starts to close if you have a

01:13:06.600 --> 01:13:11.760
 current short-term rental permit and you're interested in renewing the

01:13:11.760 --> 01:13:15.720
 renewal period for those existing short-term rental units is is open from

01:13:15.720 --> 01:13:20.080
 November 1 through December 31 giving priority to those who already have an

01:13:20.080 --> 01:13:24.400
 existing registration any new registrations for individuals seeking a

01:13:24.400 --> 01:13:27.840
 new short-term rental permit could be accepted after after the first of the

01:13:27.840 --> 01:13:35.880
 year okay thank you any other questions for Angie thank you very much okay this

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

01:13:40.800 --> 01:13:51.800
 have is Mary Anderson hello hi you'll state your name and address your time

01:13:51.800 --> 01:13:57.880
 will begin Mary Anderson 924 West Oak so I live in the historic district unlike

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

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

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

01:14:14.760 --> 01:14:18.720
 who's gonna enforce these we can't even enforce speed or traffic or anything and

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

01:14:22.960 --> 01:14:26.120
 going to enforce this nobody is enforcing we have two one or two code

01:14:26.120 --> 01:14:29.320
 enforcements one or two motorcycle police it's all sounds good but there's

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

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

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

01:14:42.920 --> 01:14:47.840
 not reporting so that's a huge number of non reporting how are you gonna find

01:14:47.840 --> 01:14:51.360
 them cities are already spending thousands trying to find them talk to

01:14:51.360 --> 01:14:55.920
 Plano talk to Arlington talk to Fort Worth there are plenty of non and Dallas

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

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

01:15:05.080 --> 01:15:09.560
 limit the number of affordable homes to people by putting more of these in

01:15:09.560 --> 01:15:14.920
 developers are gonna come in from out of town buy these whole things and turn

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

01:15:19.640 --> 01:15:23.960
 backyard if they are not owner-occupied they should not be there just can't say

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

01:15:32.480 --> 01:15:41.360
 Francis punch hi let's take your name and address your time will begin I'm

01:15:41.360 --> 01:15:48.480
 Francis punch I live at 2002 Wisteria Street I am the previous two-term chair

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

01:15:53.240 --> 01:16:00.280
 that I am NOT opposed to amendments I agree I second our first speaker I think

01:16:00.280 --> 01:16:11.080
 we do this is an awesome start I do think we need more stringent and the

01:16:11.080 --> 01:16:14.840
 reason is because when I purchased my home I was drawn to didn't because of

01:16:14.840 --> 01:16:19.640
 the family neighborhoods I think the continued uncontrolled growth of

01:16:19.640 --> 01:16:25.240
 short-term rental rentals as coded I still has a few loopholes to allow

01:16:25.240 --> 01:16:31.560
 neighborhoods to become slums that's what is they're going to become slums I

01:16:31.560 --> 01:16:36.800
 think bed and breakfasts should be also included I think that's a loophole for

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

01:16:39.880 --> 01:16:46.120
 the back and two doors down have another short-term rental enforcement

01:16:46.120 --> 01:16:51.800
 enforcement enforcement I can't say enough about it it is needed it needs to

01:16:51.800 --> 01:16:59.760
 be highly visible to the public and I understand we currently have 250

01:16:59.760 --> 01:17:05.800
 locations identified I personally suspect that this number is a small

01:17:05.800 --> 01:17:13.080
 estimate I thank you for your time thank you Francis appreciate it next card

01:17:13.080 --> 01:17:18.640
 wishing to speak is Marguerite Newell Neil

01:17:21.800 --> 01:17:34.400
 hi there you'll state your name and address your time will begin my name is

01:17:34.400 --> 01:17:41.200
 Marguerite Newell and I live at 731 Hillcrest and well in Denton and thank

01:17:41.200 --> 01:17:46.280
 you so much for giving me this opportunity to speak tonight I'm here

01:17:46.280 --> 01:17:50.720
 today is a long-term resident and property owner Denton County is known

01:17:50.720 --> 01:17:56.040
 for its high property taxes ranking among the highest in Texas as an STR

01:17:56.040 --> 01:18:03.080
 operator I have consistently contributed and also a long-term rental operator I've

01:18:03.080 --> 01:18:07.640
 consistently contributed significantly to the community through these taxes

01:18:07.640 --> 01:18:13.560
 meanwhile large developments like razor ranch often receive substantial tax

01:18:13.560 --> 01:18:19.760
 incentives despite being non locally owned creating an uneven playing field

01:18:19.760 --> 01:18:25.320
 for smaller property owners like myself STRs provide considerable economic

01:18:25.320 --> 01:18:29.760
 benefits by attracting visitors who spend money locally thus boosting our

01:18:29.760 --> 01:18:35.920
 city's revenue additionally STRs often host families and large groups who are

01:18:35.920 --> 01:18:39.560
 visiting our local universities providing them with comfortable spaces

01:18:39.560 --> 01:18:43.760
 where they can gather and enjoy their time together this not only supports the

01:18:43.760 --> 01:18:49.400
 local economy but it also bolsters our educational institutions by accommodating

01:18:49.400 --> 01:18:54.120
 prospective students and their families as a landlord with experience running to

01:18:54.120 --> 01:18:58.760
 college students I can attest to the stark differences between long-term and

01:18:58.760 --> 01:19:04.480
 short-term rentals long-term rentals often suffer from neglect and can become

01:19:04.480 --> 01:19:08.240
 party hubs leading to issues with property maintenance and neighborhood

01:19:08.240 --> 01:19:13.960
 peace in contrast STRs are typically better maintained due to the need for

01:19:13.960 --> 01:19:20.040
 good reviews and continuous guests turnover moreover STRs provide essential

01:19:20.040 --> 01:19:24.840
 accommodations for families and groups well I've already said that the city has

01:19:24.840 --> 01:19:29.760
 yet to create a position to regulate long-term rentals but this has been done

01:19:29.760 --> 01:19:35.280
 for STRs this is especially egregious when you consider that STRs constitute

01:19:35.280 --> 01:19:43.200
 approximately 0.43 percent of all housing units in Denton the city of

01:19:43.200 --> 01:19:47.520
 Denton has used substantial tax incentives to foster business development

01:19:47.520 --> 01:19:53.000
 and economic growth since 1999 the city has awarded 30 economic development

01:19:53.000 --> 01:19:58.120
 incentives totaling 22 million dollars notable projects like the fine arts

01:19:58.120 --> 01:20:04.720
 theater theater renovation received 1.6 million in tax incentives highlighting

01:20:04.720 --> 01:20:09.840
 the city's commitment to revitalizing key areas and supporting businesses where

01:20:09.840 --> 01:20:15.760
 is this support for STR owners several legal precedents support the property

01:20:15.760 --> 01:20:20.720
 the rights of property owners to use their properties for STRs and tar versus

01:20:20.720 --> 01:20:24.880
 Timberwood Park Owners Association the Texas Supreme Court ruled that

01:20:24.880 --> 01:20:29.720
 short-term rentals do not violate residential use deed restrictions

01:20:29.720 --> 01:20:34.300
 as long as the property is used for residential purposes regardless of the

01:20:34.300 --> 01:20:38.520
 duration of the stay this ruling reinforces the protection of property

01:20:38.520 --> 01:20:43.480
 rights and sets a significant precedent for similar cases across Texas

01:20:43.480 --> 01:20:48.960
 additionally a federal court ruling against Austin stringent STR regulations

01:20:48.960 --> 01:20:52.920
 further supports the argument that local ordinances should not unreasonably

01:20:52.920 --> 01:20:57.560
 restrict property rights the Texas Supreme Court decision an ongoing

01:20:57.560 --> 01:21:02.320
 litigation highlight the importance of fair and balanced regulations that

01:21:02.320 --> 01:21:06.920
 respect property owners rights while addressing community concerns the

01:21:06.920 --> 01:21:12.560
 proposed STR on it ordinance amendments which include capping the number of STR

01:21:12.560 --> 01:21:18.760
 registration certificates and imposing separation requirements unfairly target

01:21:18.760 --> 01:21:24.720
 STR operators these regulation disproportionately affect properties

01:21:24.720 --> 01:21:33.680
 owners such as these we provide economic benefits by attracting visitors who spend

01:21:33.680 --> 01:21:38.760
 money locally contributing to the city's revenue this economic activity is often

01:21:38.760 --> 01:21:42.720
 overlooked compared to these incentives given to larger non locally owned

01:21:42.720 --> 01:21:47.440
 developments like razor ranch in conclusion I urge the city the

01:21:47.440 --> 01:21:51.480
 Commission to reconsider these proposed amendments we should focus on fair and

01:21:51.480 --> 01:21:55.880
 balanced regulations that recognize the contributions of STRs to Denton's

01:21:55.880 --> 01:22:00.600
 economy and community let's work together and that sport and support all

01:22:00.600 --> 01:22:06.520
 the property owners and with continued growth and vibrancy of our city thank you

01:22:06.520 --> 01:22:10.700
 very much for your time thank you we've got a question for you

01:22:10.700 --> 01:22:14.920
 Commissioner Pruitt thank you thank you for coming tonight and thank you for

01:22:14.920 --> 01:22:21.680
 your your years of operating your small business within the city I do have one

01:22:21.680 --> 01:22:27.800
 question because I've I've often wondered my understanding and staff

01:22:27.800 --> 01:22:33.560
 please correct me if I'm wrong is that the county appraisal districts in Texas

01:22:33.560 --> 01:22:40.800
 must appraise properties operated as a single-family residence that have a

01:22:40.800 --> 01:22:49.480
 homestead exemption on them as only valued as much as that use would employ

01:22:49.480 --> 01:22:54.280
 as opposed to perhaps valued more if the land underneath them would be more

01:22:54.280 --> 01:23:00.000
 valuable than that from a redevelopment perspective are the short-term rentals

01:23:00.000 --> 01:23:05.520
 that you operate since they don't have a homestead exemption on them do you have

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

01:23:12.120 --> 01:23:19.080
 heard comments from the community in the in the public engagement process of this

01:23:19.080 --> 01:23:26.400
 that they're concerned that increased valuations of homes from short-term

01:23:26.400 --> 01:23:33.000
 rental operations would impact their ability to stay within their own home if

01:23:33.000 --> 01:23:37.080
 that makes sense that does make sense but I say that problem already exists

01:23:37.080 --> 01:23:43.640
 with long-term rentals and as a long-term rental owner we we do not

01:23:43.640 --> 01:23:54.120
 benefit from that 10% cap and I am continuously and I'm serious almost

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

01:24:03.040 --> 01:24:10.160
 that's already there thank you thank you I guess I have a question to you

01:24:10.160 --> 01:24:17.160
 because you spoke in very general terms with what you said what specifically in

01:24:17.160 --> 01:24:26.000
 in this that that staff has presented tonight is bothersome to you yes the

01:24:26.000 --> 01:24:32.720
 first one is well the cap is the cap in residential districts the cap and then

01:24:32.720 --> 01:24:38.840
 also the hundred-foot measured by the property line that's going to be

01:24:38.840 --> 01:24:48.600
 problematic there are several short-term rentals that are side by side and it's I

01:24:48.600 --> 01:24:55.240
 I don't see how in the state of Texas where we really value individual

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

01:25:01.200 --> 01:25:08.800
 operate and and again what honestly just really gets me because I own both

01:25:08.800 --> 01:25:18.480
 long-term and short-term and I've lived beside rental houses for for quite a

01:25:18.480 --> 01:25:26.960
 while the parties the noise the trash the upkeep my home for example that is

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

01:25:32.080 --> 01:25:36.840
 do landscaping it was never maintained if you were to drive by and see my home

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

01:25:42.400 --> 01:25:50.920
 properties on the street so I just understand the fear that people have

01:25:50.920 --> 01:25:55.040
 that oh no you're gonna have all these strangers coming into town you already

01:25:55.040 --> 01:25:59.920
 have that you know and it's much worse with long-term rentals there is no

01:25:59.920 --> 01:26:05.440
 regulation of that there is no oversight not been very frustrated by that the way

01:26:05.440 --> 01:26:11.200
 that it's kept up across the street there is an actual music venue in the

01:26:11.200 --> 01:26:16.360
 residential neighborhood it's in a home and they had a two-day music festival

01:26:16.360 --> 01:26:25.720
 that's not house venues are not uncommon so if someone could share exactly and

01:26:25.720 --> 01:26:31.200
 honestly rather than just an abstract fear of what's gonna happen what

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

01:26:38.840 --> 01:26:47.800
 much okay thank you next card I have I think wishing to speak because I have

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

01:26:58.800 --> 01:27:14.840
 one not wishing to speak so you are wishing I'm here today to pose the

01:27:14.840 --> 01:27:18.720
 regulations to the short-term rentals versus the long-term rentals I've been

01:27:18.720 --> 01:27:23.720
 in real estate business of running for over 30 years and residential rentals

01:27:23.720 --> 01:27:29.180
 have been getting astronomically worse with the I've got judgments of ten

01:27:29.180 --> 01:27:33.960
 twenty thousand out the people no way to collect they destroy my home destroy my

01:27:33.960 --> 01:27:39.920
 property I can't maintain it I lose rights to my property I've had

01:27:39.920 --> 01:27:45.480
 situations where they were destroying my home and I called the PD and they were

01:27:45.480 --> 01:27:49.920
 only able to keep the peace and keep us from beating up each other but they

01:27:49.920 --> 01:27:55.000
 could not prevent them from tearing down the house and the PD said they can

01:27:55.000 --> 01:28:00.280
 completely rip the house down and you can take them to court well there's no

01:28:00.280 --> 01:28:03.480
 insurance companies gonna pay for that there's nobody but me that's gonna

01:28:03.480 --> 01:28:10.680
 rebuild that home out of my pocket so it's detrimental to the environment of

01:28:10.680 --> 01:28:15.000
 our community compared to long short-term rentals I am in control of my

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

01:28:20.320 --> 01:28:24.640
 I can immediately impose sanctions against their credit card their deposits

01:28:24.640 --> 01:28:31.200
 and these people have money they come to town with expense accounts budgets I've

01:28:31.200 --> 01:28:37.520
 been renting for two years phenomenal no court cases talked to Joe Holland the

01:28:37.520 --> 01:28:42.800
 other night at the informational he used to be the precinct one judge he said

01:28:42.800 --> 01:28:48.680
 there's absolutely about I'm in any cases from STRs in this community so the

01:28:48.680 --> 01:28:54.920
 fear that we have against them is not valid the the complaints against long

01:28:54.920 --> 01:28:59.960
 term rentals of hooligans running around or 60 years you know partiers in there

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

01:29:07.200 --> 01:29:13.680
 so you know if they park you know irregularly or they destroy your home

01:29:13.680 --> 01:29:18.000
 we have no control but short-term rentals once again immediately if they

01:29:18.000 --> 01:29:21.560
 violate anything we can immediately put sanctions on and we can immediately

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

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

01:29:32.560 --> 01:29:37.840
 working professionals their families come into the Texas Motor Speedway their

01:29:37.840 --> 01:29:42.760
 families come into even hospitals for family emergencies there has never been

01:29:42.760 --> 01:29:49.920
 once any parties no neighborhood problems where I'm in a small little

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

01:29:55.040 --> 01:30:00.360
 hit him with the hotel tax we're already harvesting a beautiful amount of eight

01:30:00.360 --> 01:30:04.480
 point two five percent from our existing bedrooms in our community that we've

01:30:04.480 --> 01:30:09.240
 never harvested before do we have to go and plow them for another two percent

01:30:09.240 --> 01:30:16.200
 that's unfair and we need to provide them you know taxation with

01:30:16.200 --> 01:30:20.400
 representation so if we get taxed we need to have a billboard out on the

01:30:20.400 --> 01:30:27.360
 highway welcome STRs and also too if we maintain lower fees we're gonna track

01:30:27.360 --> 01:30:32.400
 more business to this community versus Dallas Carrollton or wherever and those

01:30:32.400 --> 01:30:36.720
 people come here and they buy food they go to the restaurants they go to grocery

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

01:30:44.920 --> 01:30:49.720
 tenant for three weeks their family was with me their home was getting worked on

01:30:49.720 --> 01:30:53.760
 on insurance it was damaged through a storm or whatever unlike the storms we

01:30:53.760 --> 01:30:57.500
 just experienced you know where these poor families gonna go they have to go

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

01:31:03.000 --> 01:31:08.320
 it thoroughly every single time I can paint paint it take care of it at will

01:31:08.320 --> 01:31:15.040
 that's any questions thank you questions I do not see any thanks for coming to

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

01:31:19.840 --> 01:31:30.880
 anyone else wishing to speak come on down you can fill out a card after but

01:31:30.880 --> 01:31:34.080
 if you'll state your name and address your time will begin hi sure hello

01:31:34.080 --> 01:31:38.520
 thank you for allowing me to speak my name is Philip bossan I'm a resident

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

01:31:46.680 --> 01:31:51.200
 operating for less than a year and I just wanted to sort of support some of

01:31:51.200 --> 01:31:57.000
 the early speakers comments about reasonable and considerate option

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

01:32:03.680 --> 01:32:07.980
 our own interest that it be maintained it's in our own interest that there be

01:32:07.980 --> 01:32:14.280
 no parties that things don't get out of hand and when we began constructing this

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

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

01:32:24.000 --> 01:32:27.360
 beautiful to keep everything in good condition and the fact this is why we

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

01:32:33.040 --> 01:32:42.160
 it we want control and we're able to do this so through Verbo through Airbnb

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

01:32:48.200 --> 01:32:52.880
 rules and it clearly states that anyone in violation of that can immediately be

01:32:52.880 --> 01:32:59.160
 kicked out we if there were complaints we could call the police we could end it

01:32:59.160 --> 01:33:04.480
 and we haven't had anything like that we've had requests for people who wanted

01:33:04.480 --> 01:33:09.920
 to have parties and we had to turn them down we had requests for people who

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

01:33:15.360 --> 01:33:22.460
 visiting opera conductor for UNT because he was working on a program so I think

01:33:22.460 --> 01:33:27.680
 there needs to be some potential exception for duration of time if there

01:33:27.680 --> 01:33:33.480
 is maybe a provable need or some legitimate concern I think there needs

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

01:33:38.320 --> 01:33:43.240
 began construction we were in communication with their neighbors we

01:33:43.240 --> 01:33:48.280
 sent we gave everyone letters that had all of our contact information we let

01:33:48.280 --> 01:33:52.880
 them know what the plans are we talked about the parking solution and the limit

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

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

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

01:34:13.320 --> 01:34:19.680
 community so in our suggestions we have our welcome manual our welcome booklet

01:34:19.680 --> 01:34:24.040
 that's there it's all local it's like these are the local restaurants you

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

01:34:27.760 --> 01:34:33.480
 are the crafts these are the markets we use local landscapers we use local

01:34:33.480 --> 01:34:40.200
 nurseries we guide people if they request it we try to point them in the

01:34:40.200 --> 01:34:46.080
 direction of all kinds of interesting or fascinating things and I won't belabor

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

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

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

01:35:01.120 --> 01:35:05.440
 have a kitchen we have laundry we have a comfortable small family space it's only

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

01:35:11.920 --> 01:35:18.360
 coming here for very legitimate reasons we haven't had any issues yet there have

01:35:18.360 --> 01:35:22.440
 been a couple occasions where we had to check people on parking just say hey we

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

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

01:35:30.280 --> 01:35:34.280
 just believe that everything if everyone is respectful and considerate and

01:35:34.280 --> 01:35:40.160
 communicates I think there's all kinds of room for the STR market to be quite

01:35:40.160 --> 01:35:44.840
 comfortable and accessible to everybody and that's all thank you for your time

01:35:44.840 --> 01:35:47.920
 I think we've got a question for you Commissioner Prud. Thank you Chair. Thank

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

01:35:53.540 --> 01:35:58.840
 and we communicate because it came up as we were considering these amendments

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

01:36:04.480 --> 01:36:10.800
 within your property is that correct? Did the knowledge of that ability in the

01:36:10.800 --> 01:36:16.360
 future make it easier to finance or afford building that ADU as right now an

01:36:16.360 --> 01:36:22.320
 STR but future as a housing unit for someone here in Denton? Well the fact is

01:36:22.320 --> 01:36:29.240
 it would probably be more successful as a long-term rental but again we wanted

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

01:36:35.480 --> 01:36:41.120
 a potential renter not doing well causing damage to the home as was

01:36:41.120 --> 01:36:45.800
 mentioned before I'm also I also have two long-term rental properties in

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

01:36:50.680 --> 01:36:57.200
 the SEI just seems like heaven compared to those properties. Thank you. Thank you.

01:36:57.200 --> 01:37:02.640
 Thank you very much. Is there anyone else wishing to speak on this item? You can

01:37:02.640 --> 01:37:09.760
 come on down. Oh sorry. Good evening how are y'all? Hi. Thank you for this

01:37:09.760 --> 01:37:17.040
 opportunity I've spoken with y'all before. I have a number of concerns number

01:37:17.040 --> 01:37:23.580
 one is enforcement and I would like to know from probably Angie what exactly is

01:37:23.580 --> 01:37:31.400
 going to be increased with the enforcement of this possible 1000 STRs

01:37:31.400 --> 01:37:37.000
 because it looks like there could be four times as many as is estimated now

01:37:37.000 --> 01:37:43.640
 so as someone said previously where is where's the enforcement coming from so

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

01:37:49.320 --> 01:37:56.080
 it's a business in a residential area and although Texas is flies the flag of

01:37:56.080 --> 01:38:03.180
 capitalism big and loud it's a business and if you're having problems with your

01:38:03.180 --> 01:38:07.880
 business you could always sell that house for a really good profit I'm sure

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

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

01:38:20.060 --> 01:38:26.720
 I don't like to be slammed as someone who is horrible renters are not all

01:38:26.720 --> 01:38:30.800
 horrible now I understand we're a college town but you get to screen your

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

01:38:39.160 --> 01:38:43.120
 neighborhood and everyone I talked to they don't like the idea either so I

01:38:43.120 --> 01:38:49.240
 think 1000 is really too many and also we also have to think of our other

01:38:49.240 --> 01:38:56.640
 business people in our city and those are hotel owners this is taking money

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

01:39:04.020 --> 01:39:09.320
 STRs lots of STRs because you're taking away from the hotels that you know are

01:39:09.320 --> 01:39:14.760
 going to pay the hotel tax you know you have a constant stream of tax money

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

01:39:20.800 --> 01:39:25.480
 register we're not enforcing this because that's exactly what I heard from

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

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

01:39:35.840 --> 01:39:43.280
 good because those STRs are being denied to families who need a place to live

01:39:43.280 --> 01:39:48.600
 just this past two three days someone in my neighborhood put on next door

01:39:48.600 --> 01:39:53.000
 pleading for neighbors to tell them about a house for rent they had an

01:39:53.000 --> 01:39:58.220
 elderly mother they had another relative in the home they had a pet and they were

01:39:58.220 --> 01:40:03.880
 their lease is expiring in June and they need you know two three-bedroom home and

01:40:03.880 --> 01:40:08.920
 they're very it's very difficult to find the STRs take away from that

01:40:08.920 --> 01:40:15.020
 opportunity for decent families to find rental property so I think a thousand

01:40:15.020 --> 01:40:21.520
 it's way too many you're cutting off hotels at the ankles and just because

01:40:21.520 --> 01:40:27.080
 greed is good you know that's our society I don't think just because you

01:40:27.080 --> 01:40:33.500
 can you should so thank you for listening thank you very much ma'am sorry

01:40:33.500 --> 01:40:36.880
 procedurally we need you to give your name and address and go ahead and fill

01:40:36.880 --> 01:40:46.640
 out a card my apologies Pam Springer 513 Chateau thank you okay next person

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

01:40:54.800 --> 01:41:01.000
 1851 Brinker I have been a resident of Denton for nearly 30 years thank you all

01:41:01.000 --> 01:41:04.120
 for your time and your service to the Commission thank you for the

01:41:04.120 --> 01:41:09.160
 presentation Angie a really a lot of good points have been brought up my

01:41:09.160 --> 01:41:14.200
 partners and I own three different STRs all within six blocks of the square

01:41:14.200 --> 01:41:18.400
 we've been involved in the town hall since last August when they fired up I

01:41:18.400 --> 01:41:24.120
 think the genesis of putting parameters around STRs is very smart and I think it

01:41:24.120 --> 01:41:27.520
 all started from the problems we had from our larger neighbors to the south I

01:41:27.520 --> 01:41:32.800
 can echo what several people have already said our STRs on our streets are

01:41:32.800 --> 01:41:37.000
 the nicest looking homes on the streets the yards are the most well-kept homes

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

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

01:41:45.920 --> 01:41:52.840
 deny them it's really that simple the hundred foot rule I don't know where

01:41:52.840 --> 01:41:56.080
 that came from it seems like a lot of these things that were kind of imposed

01:41:56.080 --> 01:41:58.960
 in the last few months these weren't things that were discussed at the town

01:41:58.960 --> 01:42:03.680
 halls back in August and September again I'm echoing the sentiments that someone

01:42:03.680 --> 01:42:07.700
 else said earlier Margaret mentioned if I've got somebody right beside me who's

01:42:07.700 --> 01:42:12.740
 an STR STR owner and a responsible one at that when the deadline comes to

01:42:12.740 --> 01:42:16.480
 register is it a matter of who clicks submit at 1201 on the registration date

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

01:42:19.640 --> 01:42:25.440
 of a grandfathering system or something like that that comes into play so I can

01:42:25.440 --> 01:42:30.000
 tell you that since these town homes started last summer we put together a

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

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

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

01:42:43.560 --> 01:42:49.200
 mission purpose of that the group was created for STR owners in the city of

01:42:49.200 --> 01:42:52.200
 Denton who love their city and would love to share with others this group is

01:42:52.200 --> 01:42:57.960
 dedicated to those those property owners committed to responsibly operating STRs

01:42:57.960 --> 01:43:01.960
 and providing guests with a unique lodging experience and options in the

01:43:01.960 --> 01:43:05.840
 within the city of Denton through diligence responsibility and

01:43:05.840 --> 01:43:09.800
 communication we can all be good stewards to our city and create a true

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

01:43:14.240 --> 01:43:18.800
 really interesting to hear that Judge Holland had zero cases regarding STRs

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

01:43:23.880 --> 01:43:27.920
 renters at all but I can tell you long-term renters do not care for the

01:43:27.920 --> 01:43:33.120
 property like it's their own if somebody comes in for a long weekend we know

01:43:33.120 --> 01:43:36.520
 what's going on we're driving by at night we know our neighbors our

01:43:36.520 --> 01:43:41.880
 neighbors love us so that's really I think been what's brought success for

01:43:41.880 --> 01:43:46.440
 STR owners here locally is just being involved in that process and the gentleman

01:43:46.440 --> 01:43:50.120
 I don't remember your name but most of our people who come into town are

01:43:50.120 --> 01:43:56.760
 faculty and staff at UNT or TWU NCTC for that matter parents coming in for visits

01:43:56.760 --> 01:44:01.320
 for their kids at either of the schools and people coming in town for an

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

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

01:44:10.200 --> 01:44:18.320
 their time and more importantly their money here in town I would love to

01:44:18.320 --> 01:44:21.920
 answer any questions you all have because I think that's where things

01:44:21.920 --> 01:44:25.120
 really start to unravel and start to make sense is when the questions are

01:44:25.120 --> 01:44:29.000
 being asked so I appreciate you asking those questions and that's all I had

01:44:29.000 --> 01:44:36.240
 thank you Commissioner Thacker go ahead thank you chair um hi Jay hello so quick

01:44:36.240 --> 01:44:41.720
 question in terms of regulations do you have any verbose register we have three

01:44:41.720 --> 01:44:46.560
 okay these no verbo so aren't the regulations that that company sets for

01:44:46.560 --> 01:44:50.920
 that property even more stringent than some of the ones that exist in here I'm

01:44:50.920 --> 01:44:54.560
 sorry repeat that I could aren't some of the regulations that they hold you to

01:44:54.560 --> 01:44:58.040
 like through their company more stringent than the ones were even putting

01:44:58.040 --> 01:45:02.360
 they are so there's a thing called a super host which means you maintain a

01:45:02.360 --> 01:45:05.760
 four point nine rating on a scale of five that has to do with cleanliness

01:45:05.760 --> 01:45:11.960
 availability of us in case something goes sideways but yes to your point we

01:45:11.960 --> 01:45:16.400
 can get kicked off of Airbnb really easily and conversely if somebody comes

01:45:16.400 --> 01:45:21.080
 in and doesn't take good care of it we're very honest with Airbnb that

01:45:21.080 --> 01:45:24.640
 community is pretty tight despite how large it is so when we go in and read

01:45:24.640 --> 01:45:29.200
 reviews on prospective renters for a long weekend here in town we can go deep

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

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

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

01:45:42.680 --> 01:45:45.800
 come in and hire two more people and spend six hours cleaning it versus them

01:45:45.800 --> 01:45:50.160
 by themselves for three hours conversely if they tear things up we have a local

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

01:45:53.400 --> 01:45:56.200
 that from Airbnb there's insurance around it but that's really tough to do

01:45:56.200 --> 01:46:03.440
 thank you thanks so Jay you mentioned in talking about what we're talking about

01:46:03.440 --> 01:46:10.600
 tonight these these or regulations we want to put into the DDC you mentioned

01:46:10.600 --> 01:46:14.120
 the hundred-foot rule that that you weren't that happy with what else is in

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

01:46:18.880 --> 01:46:22.320
 appreciative of everybody from the city who's put all this time into this and I

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

01:46:25.160 --> 01:46:28.400
 be regulations around it it just seems like some of them the hundred-foot rule

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

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

01:46:41.040 --> 01:46:44.440
 is another restaurant but because we're on that side of the road where are three

01:46:44.440 --> 01:46:49.480
 where there are three other Airbnbs between there and Fulton you know across

01:46:49.480 --> 01:46:53.840
 Carol on Fulton so it's it's really interesting because when we talk to our

01:46:53.840 --> 01:46:59.080
 neighbors residents of these homes across the street they have zero issue

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

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

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

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

01:47:14.880 --> 01:47:18.520
 relationship with all these people we've talked to we've had zero pushback from

01:47:18.520 --> 01:47:23.280
 anybody so it's been a really positive experience for them and us good deal

01:47:23.280 --> 01:47:28.760
 thank you all right thank you all is there anyone else wishing to speak come

01:47:28.760 --> 01:47:32.880
 on down and state your name and address and your time will begin

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

01:47:58.800 --> 01:48:03.960
 they're talking about the hundred whatever and I'm not gonna sit here and

01:48:03.960 --> 01:48:10.560
 talk about what might happen but what will happen and the gentleman that just

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

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

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

01:48:30.920 --> 01:48:38.760
 rule because our neighborhood is built we know our neighbors they help us they

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

01:48:44.200 --> 01:48:50.600
 out you're never you're you're killing a community when you start flooding it

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

01:48:57.080 --> 01:49:09.200
 neighbors and I I just I those weekends are not going to create a community the

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

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

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

01:49:35.040 --> 01:49:44.760
 flood in I still think there needs to be fewer permits until this city can

01:49:44.760 --> 01:49:51.200
 actually know that they're finding you've got 250 and only third I'm

01:49:51.200 --> 01:49:56.360
 assuming the people that came up and talked are registered but you you can't

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

01:50:07.840 --> 01:50:14.600
 stick with at least 100 feet because you're going to kill neighborhoods and

01:50:14.600 --> 01:50:20.480
 it's a business in a neighborhood they may be good neighbors in terms of

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

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

01:50:36.160 --> 01:50:45.040
 there anyone else wishing to speak on this item come on down hi you'll state

01:50:45.040 --> 01:50:51.720
 your name and address your time will begin 9/11 North Maple Munster Texas

01:50:51.720 --> 01:50:55.400
 thank you all for being here by the way I know this is probably pretty thankless

01:50:55.400 --> 01:50:58.360
 gig having been on many boards and different things over time I know this

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

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

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

01:51:15.160 --> 01:51:20.320
 of the world and I have to echo the sentiments of of just the quality when

01:51:20.320 --> 01:51:23.560
 you look at the competition piece you look at the elements of doing the right

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

01:51:28.200 --> 01:51:31.240
 very very well you have to pay your people you have to take care of your

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

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

01:51:45.120 --> 01:51:48.080
 problem with long-term rentals if you have a chance to vet them but honestly

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

01:51:52.320 --> 01:51:57.900
 the parking pieces we restrict that again part of Airbnb we have restrictions

01:51:57.900 --> 01:52:01.080
 on everything we do we have to do it very very well we have ensure extra

01:52:01.080 --> 01:52:04.400
 insurance that most don't have there's a hundred different things that they go

01:52:04.400 --> 01:52:10.200
 into this as somebody with I know we talked about hotels being competition

01:52:10.200 --> 01:52:13.920
 but as somebody with three kids and traveling when did I ever get a hotel

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

01:52:18.280 --> 01:52:22.440
 whole different animal then then as a hotel in many cases like it's not the

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

01:52:26.720 --> 01:52:32.600
 neat little bucket we're currently you know and not to toot our own horn but

01:52:32.600 --> 01:52:38.000
 you know we know somebody that was in the tornadoes in value he's currently in

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

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

01:52:43.520 --> 01:52:47.440
 term rental but we can do things like that we can serve the community and we

01:52:47.440 --> 01:52:51.120
 do we take care of neighbors yards but there need mowing like we'll have them

01:52:51.120 --> 01:52:54.000
 run over that with a mower right there's there's a hundred different things that

01:52:54.000 --> 01:52:59.480
 we do that I think actually are positive and then the worst case scenario we

01:52:59.480 --> 01:53:03.160
 started thinking property rights I mean what if I lost my job yesterday and the

01:53:03.160 --> 01:53:06.040
 only way I can make some income was renting a room out we're gonna restrict

01:53:06.040 --> 01:53:09.360
 this person that lost his job yesterday from renting a room because he's a

01:53:09.360 --> 01:53:12.480
 hundred feet from somebody else that happened to be doing it before him right

01:53:12.480 --> 01:53:17.200
 I mean these are questions that you got to think about when you look big picture

01:53:17.200 --> 01:53:21.040
 especially the hundred foot rule I mean we already know that there are plenty of

01:53:21.040 --> 01:53:25.600
 people within a hundred feet that are act actively operating them now you know

01:53:25.600 --> 01:53:29.960
 what happens when somebody really really needs to you know quote unquote and can't

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

01:53:35.760 --> 01:53:40.040
 free market prevail here right if there are too many they will fall away if you

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

01:53:44.240 --> 01:53:48.680
 any business how do we know what the right answer is on the total cap we

01:53:48.680 --> 01:53:53.880
 really don't again ours are very near the city center yet because of the

01:53:53.880 --> 01:53:58.640
 restrictions on our levels it's like well you know what it doesn't make a

01:53:58.640 --> 01:54:01.240
 lot of sense when you're across the street from a commercial business but

01:54:01.240 --> 01:54:04.340
 your are three and maybe this is a zoning problem maybe it needs to be

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

01:54:07.560 --> 01:54:13.480
 little pitfalls around making rules that assume that we know the answer right

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

01:54:18.760 --> 01:54:24.120
 answer thank you for speaking any questions okay appreciate it thank you

01:54:24.120 --> 01:54:30.400
 thank you is there anyone else wishing to speak on this item come on down

01:54:37.840 --> 01:54:44.140
 hi 3616 Clydesdale Drive in Texas well you bring the microphone down there we go

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

01:54:48.400 --> 01:54:52.000
 opportunity and for everything that you've done I agree with a lot of things

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

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

01:55:03.760 --> 01:55:08.080
 creating an opportunity for families to create memories that you're not going to

01:55:08.080 --> 01:55:11.860
 get when you're in a hotel or any kind of commercial place whether they're

01:55:11.860 --> 01:55:16.560
 coming together for a funeral or a graduation it's creating a unique space

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

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

01:55:23.960 --> 01:55:27.240
 community I'm very nervous even though I'm used to talking in front of the

01:55:27.240 --> 01:55:31.600
 classroom but not in this situation but being a teacher I also feel like

01:55:31.600 --> 01:55:38.520
 educating the host it would be a big part that could help with you know

01:55:38.520 --> 01:55:42.560
 whatever y'all decide to move them forward because if your host is educated

01:55:42.560 --> 01:55:46.400
 they know what to look for with their guests and whether they're going to be

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

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

01:55:55.600 --> 01:55:59.840
 it right there so I feel like education would maybe be one part that maybe would

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

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

01:56:10.240 --> 01:56:15.200
 Denton is going to continue to grow and then the other thing is maybe not a

01:56:15.200 --> 01:56:20.760
 hundred foot limit but maybe per kappa only three per city block or something

01:56:20.760 --> 01:56:26.200
 like that because of situations that we've already heard spoken tonight that's

01:56:26.200 --> 01:56:30.400
 what I feel like would help in this situation and thank you for your time

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

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

01:56:38.880 --> 01:56:44.400
 else wishing to speak on this item who has not already okay with that I will

01:56:44.400 --> 01:56:50.600
 close the public hearing and open the floor for a motion or discussion I know

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

01:56:55.680 --> 01:57:06.600
 minute Commissioner really real and you just wanted to ask for you to clarify

01:57:06.600 --> 01:57:13.640
 how that hundred foot discussion played out if you could share that please how

01:57:13.640 --> 01:57:18.400
 we came to that conclusion yes sure so the hundred foot distance

01:57:18.400 --> 01:57:25.040
 separation and and the thousand unit cap they kind of go hand in hand when this

01:57:25.040 --> 01:57:29.720
 went to the the public engagement survey that was was conducted last summer one

01:57:29.720 --> 01:57:34.920
 of one of the questions was surrounding density and and specifically the way the

01:57:34.920 --> 01:57:40.980
 question was was showed a sort of residential neighborhood of a hundred

01:57:40.980 --> 01:57:45.400
 units right roughly and the question was out of a hundred units how many do you

01:57:45.400 --> 01:57:51.600
 feel should be a short-term rental answers ranged from 0 to 100 with with

01:57:51.600 --> 01:57:57.640
 some heavy clustering around the zero and then you had a few in the hundred

01:57:57.640 --> 01:58:02.880
 and then some numbers everywhere in between that that really started the the

01:58:02.880 --> 01:58:08.840
 density limitation discussion and and several options were were looked at is

01:58:08.840 --> 01:58:14.880
 is what what is the best way to address and capture the concern seen in the

01:58:14.880 --> 01:58:20.240
 neighborhood survey to protect our neighborhoods that that's still an

01:58:20.240 --> 01:58:26.480
 enforceable mechanism so so so percentages were looked at per block

01:58:26.480 --> 01:58:33.160
 and and that became somewhat confusing when put into practice and so that the

01:58:33.160 --> 01:58:39.040
 thousand the the capping across residential districts came about as it's

01:58:39.040 --> 01:58:44.080
 it's in it's a enforceable way to regulate that it comes out to roughly

01:58:44.080 --> 01:58:49.680
 three percent of all parcels with residentially zoned parcels within the

01:58:49.680 --> 01:58:55.400
 city limits and then the further discussion of but do we still want some

01:58:55.400 --> 01:59:01.200
 sort of distance between them and so really the two kind of went hand in hand

01:59:01.200 --> 01:59:05.320
 and exploring the best way to capture those those those concerns while also

01:59:05.320 --> 01:59:11.200
 coming up with an enforceable way to measure and monitor the density

01:59:11.200 --> 01:59:14.080
 discussion that we had I would I would say we looked we looked at several

01:59:14.080 --> 01:59:19.880
 different different options during that that process and the the hundred the

01:59:19.880 --> 01:59:24.360
 hundred foot was an agreeable one to for everybody on the spectrum because this

01:59:24.360 --> 01:59:27.760
 was worked out through the DCRC where we had individuals who would prefer to see

01:59:27.760 --> 01:59:31.000
 none and those who would prefer to see every block and our survey results were

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

01:59:36.000 --> 01:59:48.360
 concerns and that density metric thank you I thought Angie provided an excellent

01:59:48.360 --> 01:59:53.320
 response the other thing I would just add is when we are developing ordinances

01:59:53.320 --> 01:59:58.440
 and to address the enforcement aspect we need to make sure that our ordinance is

01:59:58.440 --> 02:00:03.960
 in a manner where we can easily enforce it being able to administer it but also

02:00:03.960 --> 02:00:07.880
 for the benefit of the public in being able to understand what the requirements

02:00:07.880 --> 02:00:12.600
 were that also factored into our density conversation because I can assure you

02:00:12.600 --> 02:00:16.800
 and Angie attested we explored a variety of different option and I know there's a

02:00:16.800 --> 02:00:20.400
 couple of folks here on the Commission that served on that on that board that

02:00:20.400 --> 02:00:24.640
 discussed it but we felt like this was a reasonable means to balance the interest

02:00:24.640 --> 02:00:29.840
 of the neighborhood residents with the operators but also for people to be able

02:00:29.840 --> 02:00:34.240
 to clearly understand what the requirements were thank you

02:00:34.240 --> 02:00:38.820
 Commissioner Pruitt thank you chair just a few questions for staff just to

02:00:38.820 --> 02:00:42.080
 clarify some things and make sure everybody especially in the audience

02:00:42.080 --> 02:00:49.040
 here and perhaps watching has some some real-time questions answered one there

02:00:49.040 --> 02:00:55.340
 was some talk about bed-in breakfasts in residential locations I believe that

02:00:55.340 --> 02:01:00.400
 those are only permitted by right in our are and the other residential zoning

02:01:00.400 --> 02:01:04.480
 designations some of them you can't do a bed and breakfast at all and others

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

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

02:01:13.360 --> 02:01:18.000
 districts by right right okay about statement thank you and then there was

02:01:18.000 --> 02:01:22.880
 some talk about hot taxes and how are those used if we collect this revenue are

02:01:22.880 --> 02:01:26.960
 we gonna invest back into the community can you share just a really high level

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

02:01:34.000 --> 02:01:38.400
 practice yes I can and I can also provide the bed and breakfast clarity so

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

02:01:43.760 --> 02:01:50.880
 by SUP in our four six and seven permitted by right in the mixed use

02:01:50.880 --> 02:02:02.320
 districts as well as suburban corridor okay so not permitted across all how

02:02:02.320 --> 02:02:07.560
 they are spent that is dictated by the state tax code and it's a limited

02:02:07.560 --> 02:02:15.640
 expenditure those funds have to be utilized on projects that would that

02:02:15.640 --> 02:02:20.800
 generate tourism for the city specifically in my understanding is we

02:02:20.800 --> 02:02:25.400
 utilize sort of a grants program to provide money to festivals like day of

02:02:25.400 --> 02:02:32.440
 the dead or arts and jazz or those other major den specific venues that you would

02:02:32.440 --> 02:02:37.840
 expect to generate tourism for the city so so hot taxes are specifically limited

02:02:37.840 --> 02:02:43.120
 to to those tourist expenses and aren't used as part of the general fund okay

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

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

02:03:00.280 --> 02:03:04.480
 short term for some period of time that there was a concern or a couple of

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

02:03:11.760 --> 02:03:16.880
 and so I just wanted to make sure that was answered yeah rentals that start to

02:03:16.880 --> 02:03:22.160
 go over over 30 days do fall into the the long-term rental category and they

02:03:22.160 --> 02:03:26.640
 are as a specifically different they're not the same use likewise if an

02:03:26.640 --> 02:03:30.440
 individual had a property and wanted to go through the process of getting it

02:03:30.440 --> 02:03:35.820
 registered as a short-term rental and could meet the requirements of that they

02:03:35.820 --> 02:03:41.520
 would be able to utilize that land use okay thank you and last but not least

02:03:41.520 --> 02:03:48.720
 can you explain a little bit about how the phasing and and effective date of

02:03:48.720 --> 02:03:54.880
 this ordinance will play out and and what avenues existing operators have to

02:03:54.880 --> 02:04:00.600
 ensure that they can continue their business once once that effective date

02:04:00.600 --> 02:04:09.640
 occurs sure so the assuming everything plays out as we plan here moving forward

02:04:09.640 --> 02:04:12.760
 this would go to City Council next week on June 4th where they would consider

02:04:12.760 --> 02:04:17.240
 they would make final determination of approval or with conditions or what have

02:04:17.240 --> 02:04:21.360
 you the way the proposed ordinance is written today is it would have an

02:04:21.360 --> 02:04:29.000
 effective date of August 1st individuals who are legally registered on August

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

02:04:34.880 --> 02:04:39.960
 the new requirements but are registered legally today would be considered a legal

02:04:39.960 --> 02:04:45.200
 non-conforming use and and legal non-conforming uses are allowed to

02:04:45.200 --> 02:04:50.920
 retain that status with some caveats including providing there's not a

02:04:50.920 --> 02:04:55.480
 cessation of the use for longer than a year or more as well as some limited

02:04:55.480 --> 02:04:59.960
 provisions to modification such as that the structure couldn't be enlarged it

02:04:59.960 --> 02:05:05.400
 could no way be that the total area could not be increased but but those

02:05:05.400 --> 02:05:11.200
 legally registered operators today will be able to retain that legal operating

02:05:11.200 --> 02:05:17.520
 status and they may fall into the category of legal non-conforming thank

02:05:17.520 --> 02:05:19.680
 you

02:05:19.680 --> 02:05:25.640
 can't see any discussion so I'll call on Commissioner Villarreal thank you madam

02:05:25.640 --> 02:05:31.000
 chair I spent the better part of 2023 workshopping this going through the town

02:05:31.000 --> 02:05:35.160
 halls the subcommittee vice chair Prudent and I serve on has had many

02:05:35.160 --> 02:05:40.200
 conversations discussions and lots of disagreements over this and as Angie

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

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

02:05:47.960 --> 02:05:51.640
 made by the first three rows here but you know it's it's about reaching

02:05:51.640 --> 02:05:56.980
 consensus and putting something forward that would be agreeable to both the

02:05:56.980 --> 02:06:02.000
 operators as well as the vast majority of citizens who are not operators we

02:06:02.000 --> 02:06:05.560
 need to make sure we're defending our neighborhoods you know folks are moving

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

02:06:09.760 --> 02:06:13.440
 make sure that we're preventing that from happening but no one wants to be

02:06:13.440 --> 02:06:18.160
 surrounded by five different hotels right so I'm very much in favor of the

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

02:06:22.640 --> 02:06:26.760
 permit rule as a starting step so that we can at least have something on the

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

02:06:32.280 --> 02:06:38.000
 250 or less so with that I'm gonna support the current amendment as

02:06:38.000 --> 02:06:42.160
 written and I thank staff for all the work they put into this thank you

02:06:42.160 --> 02:06:49.800
 Commissioner Prout. Thank you chair and I will second I think you know Commissioner

02:06:49.800 --> 02:06:56.980
 Villarreal and I had had lots of good discussions over this I think he brought

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

02:07:03.480 --> 02:07:10.520
 happening and and the reality is that our current code prevented some

02:07:10.520 --> 02:07:14.700
 operators in certain situations from being able to register just because of

02:07:14.700 --> 02:07:23.400
 some of the complexities and the specific definitions which in addition to

02:07:23.400 --> 02:07:27.840
 other things just we had no knowledge of who is operating specifically so

02:07:27.840 --> 02:07:33.160
 enforcement even if council wanted to make it a budget priority was not

02:07:33.160 --> 02:07:40.320
 feasible right and so I think that this amendment really gives us a chance to

02:07:40.320 --> 02:07:47.240
 start having a basis from which we we can reasonably enforce things if they do

02:07:47.240 --> 02:07:53.360
 come up and when they do so so I appreciate all that you know I hope

02:07:53.360 --> 02:07:59.000
 existing operators take advantage of of the meantime to be able to register so

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

02:08:06.960 --> 02:08:12.880
 forward to future councils being able to iterate on this as we need to right I

02:08:12.880 --> 02:08:17.600
 understand change is scary for for people who've been there in their

02:08:17.600 --> 02:08:25.400
 neighborhood for a long time the reality is that this change isn't sudden you

02:08:25.400 --> 02:08:34.640
 know we have 250 some odd operating now not zero a month ago right it started

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

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

02:08:54.480 --> 02:08:59.720
 haven't heard of a lot of specific examples but there have been some

02:08:59.720 --> 02:09:02.920
 specific examples in other communities where it legitimately bad things have

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

02:09:06.960 --> 02:09:13.600
 enforce and monitor what's happening and then gives us good data in the future

02:09:13.600 --> 02:09:18.960
 is this one thing we talked about that council can use in the future to to

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

02:09:26.040 --> 02:09:32.680
 and a second for approval is there any discussion first I'll thank everyone for

02:09:32.680 --> 02:09:36.800
 coming out to speak obviously we have some tremendously responsible STR

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

02:09:42.720 --> 02:09:47.440
 important it is to have super hosts out there that's fantastic you know this

02:09:47.440 --> 02:09:50.680
 discussion has gone on for a long time as Commissioner Villarreal and

02:09:50.680 --> 02:09:57.460
 Commissioner Pruitt have have mentioned for even longer than this year and you

02:09:57.460 --> 02:10:00.840
 know this is not a discussion about like long-term versus short-term those are

02:10:00.840 --> 02:10:05.920
 two different animals with varying degree of problems and that's not what

02:10:05.920 --> 02:10:10.200
 we're discussing here what we're discussing is trying to get regulations

02:10:10.200 --> 02:10:14.480
 on the books so that the city has something to go on so that they can

02:10:14.480 --> 02:10:19.440
 enforce certain things and and having the metrics in place they weren't just

02:10:19.440 --> 02:10:25.560
 you know taken out of the air as Angie and Tina have explained you know they

02:10:25.560 --> 02:10:30.320
 were given lots of thought they're a metric that can be measured so that

02:10:30.320 --> 02:10:33.900
 when we're not here when a different council is there when different staff

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

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

02:10:44.440 --> 02:10:47.120
 what we do here that's what staff is doing on the

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

02:10:55.640 --> 02:11:02.560
 but the business owners the the the people who will be staying there it's

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

02:11:06.680 --> 02:11:11.720
 on just the city getting something in writing in our DDC that makes sense that

02:11:11.720 --> 02:11:20.240
 can be regulated and enforced so thank you again for the great discussion over

02:11:20.240 --> 02:11:31.360
 many months so with that let's vote on the board please that motion carries five

02:11:31.360 --> 02:11:38.800
 zero that will take us to our planning and zoning matrix and I will turn the

02:11:38.800 --> 02:11:47.080
 day us over to Tino thank you charles so included in your pocket was an updated

02:11:47.080 --> 02:12:03.280
 matrix somewhere I have my apologies so we updated the matrix to reflect

02:12:03.280 --> 02:12:07.680
 commissioner approved to request or yes Commissioner Pruitt's request last week

02:12:07.680 --> 02:12:12.080
 the the legal staff report explaining the practices and legal limitations as

02:12:12.080 --> 02:12:15.240
 a result of state law changes a commissioner Pruitt or vice-chair Pruitt

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

02:12:20.720 --> 02:12:25.240
 will update their matrix to reflect that we completed the discussion related to

02:12:25.240 --> 02:12:29.440
 neighborhood amenity centers and the requirements related to that otherwise

02:12:29.440 --> 02:12:37.800
 there were no other edits to the matrix itself past council or past cases that

02:12:37.800 --> 02:12:42.040
 were considered by the City Council since your last meeting so on councils

02:12:42.040 --> 02:12:51.680
 may 21st agenda we actually had several items go before council so we have

02:12:51.680 --> 02:12:58.120
 several items an item that we anticipate that will likely come before you here in

02:12:58.120 --> 02:13:03.000
 the near future to be aware of so an annexation proceedings has started on

02:13:03.000 --> 02:13:09.560
 property that is roughly 92 acres of land generally located north of Johnson

02:13:09.560 --> 02:13:14.600
 Lane south south of Elred Road in about 2300 feet east of John Payne Road so

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

02:13:17.880 --> 02:13:21.720
 have a rural residential zoning category on it and then an applicant will likely

02:13:21.720 --> 02:13:25.360
 come forward with the zoning change so we'll anticipate that probably later

02:13:25.360 --> 02:13:29.360
 this year with the Commission in terms of public hearings that were considered

02:13:29.360 --> 02:13:33.720
 we did a street renaming I know this did not go before the Planning and Zoning

02:13:33.720 --> 02:13:36.640
 Commission because par street naming policy they don't they go straight to

02:13:36.640 --> 02:13:40.440
 council but of course you may be interested given the requests that we

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

02:13:46.600 --> 02:13:52.400
 renamed as a result of a new section of South May Hill Road being constructed so

02:13:52.400 --> 02:13:57.280
 to avoid any confusion and not have two parallel roadways with the name South

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

02:14:02.680 --> 02:14:07.120
 Edwards Drive so about a 30,000 or excuse me about a 1,000 foot linear

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

02:14:11.960 --> 02:14:17.480
 probably appreciate the the newly constructed portion we did have let's

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

02:14:24.160 --> 02:14:28.200
 Smith tract rezoning this was the property that was approximately 1.52

02:14:28.200 --> 02:14:34.080
 acres located about 260 feet east of Country Club Road north of Hobson Lane

02:14:34.080 --> 02:14:39.200
 this was the request where the applicant was trying to rezone the 1.52 acres so

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

02:14:44.320 --> 02:14:47.880
 was changed from suburban quarter to residential six so council did approve

02:14:47.880 --> 02:14:52.280
 that we also had a specific use permit to allow for the equipment sales and

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

02:14:57.120 --> 02:15:02.160
 about 3,800 feet west of Mosh Branch recall this was a case that actually had

02:15:02.160 --> 02:15:05.440
 presented to you all the western portion of the property was significantly

02:15:05.440 --> 02:15:09.880
 encumbered by easements and so City Council did approve that request as well

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

02:15:22.240 --> 02:15:25.560
 then the Commission may receive a property that's entertaining a local

02:15:25.560 --> 02:15:29.360
 designation request from a historic perspective we actually in for those

02:15:29.360 --> 02:15:32.440
 properties that have the local designation there is our tax exemption

02:15:32.440 --> 02:15:36.240
 program that they're able to participate so we did have a property that was able

02:15:36.240 --> 02:15:41.080
 to be able to successfully participate in a partial tax exemption so it was

02:15:41.080 --> 02:15:46.080
 located at 903 West Oak but otherwise that concludes all of the items that

02:15:46.080 --> 02:15:49.880
 were considered by council at that meeting date as well as also concludes

02:15:49.880 --> 02:15:55.840
 my report so thank you thank you is there anything to add to the matrix any

02:15:55.840 --> 02:16:01.160
 concluding items okay thank you all for being here appreciate it very much

02:16:01.160 --> 02:16:06.400
 congratulations vice chair nice to have you on board with that I'll go ahead and

02:16:06.400 --> 02:16:09.520
 adjourn us at 8 10 p.m.

