[00:00:03]
[1. Call to Order]
DEAR HEAVENLY FATHER, AS WE OPEN OUR MEETING TONIGHT, WE ACKNOWLEDGE YOU AS OUR CREATOR, YOUR SON JESUS IS OUR SAVIOR, THE GREATEST GIFT WE COULD EVER RECEIVE.LORD, GIVE US THE COURAGE AND STRENGTH TO TELL EVERYONE ABOUT YOU IN YOUR PLAN.
WE SAY ALL THIS IN JESUS' NAME.
WE'LL OPEN, UH, PUBLIC COMMENTS.
UH, PEOPLE MAY ADDRESS THE PLANNING AND ZONING COMMISSION ON ANY ISSUE.
UH, THIS IS APPROPRIATE TIME FOR CITIZENS TO ADDRESS THE COMMISSION ON ANY CONCERN, WHETHER IT, WHETHER IT'S ON THE AGENDA OR NOT.
HOWEVER, UH, PLEASE, UH, UNDERSTAND THE COMMISSION MAY NOT COMMENT OR DELIBERATE BY STATE LAW ON, ON YOUR COMMENTS.
SO IF ANYBODY WOULD LIKE TO COME FORWARD, GIVE YOUR NAME TO THE CITY SECRETARY CALLING.
MINE WILL CLOSE THE PUBLIC COMMENTS.
[4. Consent Agenda]
FOUR IS THE CONSENT AGENDA.ALL MATTERS LISTED UNDER ITEM FOUR.
CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE.
UH, THE PLANNING AND ZONING COMMISSION AND WILL BE ENACTED IN ONE MOTION.
I MOVE TO APPROVE THE CONSENT AGENDA SUBJECT TO THE RECOMMENDATIONS OF STAFF.
SECOND, WE HAVE A, A MOTION AND A SECOND TO APPROVE THE CONSENT AGENDA.
ALL IN FAVOR, RAISE YOUR RIGHT HAND.
[5. Public Hearing on a request by City of Waxahachie for textual amendments to the City Zoning Ordinance, Article II Administration, Section 2.04 Changes and Amendments to All Zoning Ordinances and Districts and Administrative Procedures, Article VII Supplemental Regulation, Section 7.05 Home Occupation Regulations, and to Article II Zoning Districts, Section 3.27 Short-Term Rentals (ZTA-113-2025) ]
FIVE, PUBLIC HEARING ON A REQUEST BY THE CITY OF WAXAHACHIE FOR TEXTUAL AMENDMENTS TO THE CITY.ZONING ORDINANCE, ARTICLE TWO ADMINISTRATION SECTION 2.04 CHANGES IN, UH, AMENDMENTS TO ALL ZONING ORDINANCES AND DISTRICT'S, UH, ADMINISTRATIVE PROCEDURES.
ARTICLE SEVEN, SUPPLEMENTAL REGULATIONS SECTION 7.05, HOME OCCUPATION REGULATIONS AND TO, IS THAT ARTICLE TWO OR ARTICLE THREE? SHOULD THAT BE ARTICLE TWO OR ARTICLE THREE AT THE END? IT'S ARTICLE 3.27.
UH, ZONING DISTRICT SECTION 3.27.
UH, YES, THE CITY STAFF IS UP.
UH, DUE TO RECENT LEGISLATION AS PREVIOUSLY MENTIONED, UH, THERE'S A COUPLE ITEMS IN OUR, UH, ORDINANCES THAT WE ARE REQUIRED TO CHANGE TO BE CONSISTENT WITH THOSE, UH, STATE BILLS THAT JUST PASSED, UH, HOUSE BILL NUMBER 24 AND HOUSE BILL 24 64.
UM, ALSO, UH, DUE TO COURT CASES AND OTHER LEGISLATION, UM, TO MATCH MORE CLOSELY WITH, UM, STATE REGULATIONS.
SECTION 3.27 OF THE ZONING ORDINANCE RELATED TO SHORT TERM ROWS, UM, IS ALSO BEING MITIGATED.
UH, DUE TO THIS REASON, UM, STAFF DOES RECOMMEND APPROVAL.
ONCE AGAIN, THESE ARE STATE MANDATES, UM, ALSO OF DUE TO RECENT, UH, LITIGATION THAT HAS OCCURRED, WE DO RECOMMEND APPROVAL.
I CAN ANSWER ANY QUESTIONS SPECIFICALLY ABOUT THESE CHANGES THAT YOU HAVE AT THIS TIME.
ANY COMMENTS? TRENT? I HAVE A QUESTION ABOUT THE SECTION THREE CHANGE, THE SHORT TERM RENTALS.
CAN YOU GIVE THAT TO ME IN PLAIN TERMS? YEAH.
SO WHAT, WHAT BASICALLY IS, SO, UM, THE COURTS AND THE STATE BASICALLY STATED THAT ANY SHORT TERM RENTAL THAT WAS OCCURRING PRIOR TO OUR ORDINANCE, UH, TAKEN IN EFFECT, UM, IS PERMITTED AND DOES NOT REQUIRE AN SUP FOR THAT.
SO IF THE SHORT-TERM RENTAL WAS AN OPERATION BEFORE, UH, CITY COUNCIL ADOPTED OUR ORDINANCE FOR SHORT-TERM RENTALS, UH, THEY CAN CONTINUE OPERATION.
ALSO, UM, IN THIS, UH, ORDINANCE, WE'RE DEFINING, UM, CERTAIN TERMS SUCH AS PARTY, WHAT A PARTY MEANS.
UM, MEANING ANY GATHERING OR EVENT MEANS A GROUP OF FIVE OR MORE PERSONS WHO HAVE ASSEMBLED OR ARE ASSEMBLING IN A MANNER WHICH CONSTITUTES A SUBSTANTIAL DISTURBANCE OF THE QUIET ENJOYMENT OF PRIVATE OR PUBLIC PROPERTY.
THIS CONCLUDES BUT IS NOT LIMITED TO EXCESSIVE NOISE OR TRAFFIC OBSTRUCTION OF PUBLIC STREETS BY CROWDS OR VEHICLES, PUBLIC DRUNKENNESS, DISTURB OF ALCOHOL TO UNDERAGE PERSONS FIGHTS, DISTURBANCES OF THE PEACE AND LITTER.
THIS DOES NOT CHANGE OUR REQUIREMENT TO NO OFF STREET PARKING OR TO ALLOW FOR ON-STREET PARKING.
IT STILL, UH, PROHIBITS THAT AND ALL OF OUR OTHER REGULATIONS ARE STILL IN PLACE INVALID.
AND WHEN DID THE ORIGINAL ORDINANCE GO INTO EFFECT? THE ORIGINAL ORDINANCE WAS OCTOBER 16TH, 2023.
SO ANY SHORT TERM RENTAL THAT WAS LEGALLY OPERATING
[00:05:01]
PRIOR TO OCTOBER 16TH, 2023, HAS THE LEGAL RIGHT TO CONTINUE TO OPERATE AS A SHORT TERM RENTAL INDEFINITELY? UH, CORRECT.AS LONG AS THEY, UH, MAIN, AS LONG AS THEY MEET, UH, STATE CODE AND CITY CODE AND LEGALLY OPERATING MEANS THAT THEY WERE REGISTERED AND PAYING HOTEL TAX AND THAT SORT OF THING.
LEGALLY OPERATING MEANING THEY HAVE PROPER PERMITS IN PLACE, UM, THAT THEY WENT THROUGH THE PROPER PROCESS OF, UM, ONCE AGAIN YEAH.
HOTEL PAYING, HOTEL TAX OR STREAM FOR THAT, ET CETERA.
WERE THE MAJORITY OF THEM PAYING HOTEL TAX? I THOUGHT THAT WAS A QUESTION.
I REFER IT TO OUR, ALSO OUR ATTORNEY ABOUT THAT, UM, ABOUT ALSO WHAT WOULD NOT ALLOW THEM TO CONTINUE TO OPERATE.
SO HOW, HOW DOES THAT HAVE A BEARING THEN IF THEY WERE NOT PAYING HOTEL MOTEL TAX? UM, THAT HASN'T BEEN CHALLENGED IN COURT.
UM, ONCE AGAIN, I'M NOT AN ATTORNEY, SO I, I I CAN'T GIVE YOU LEGAL ADVICE ON THAT.
UM, HOWEVER, UM, IF THEY'RE LEGALLY OPERATING, THAT WOULD, THAT'S NOT THE ONLY THING THEY LOOK AT.
UM, THEY'RE GONNA LOOK AT OTHER THINGS, UM, SUCH AS WAS THE HOUSE LEGALLY, BILL, ET CETERA.
BUT, UM, THERE'S MANY DIFFERENT FACTORS THAT THE COURT WOULD PROBABLY LOOK AT IN DETERMINING IF IT WAS ILLEGAL NON-CONFORMING US PRIOR.
SO ARE THERE ANY REMEDIATIONS IN PLACE FOR THE CITY FOR THOSE THAT WERE OPERATING PRIOR TO 10 16 23? SO, UM, OUR SHORT TERM RENTAL OR SO WE DID HAVE, UM, SO IT'S A LONG, LONG ANSWER.
UM, SO WE'RE BASICALLY LOOKING AT, WERE THEY ALREADY LEGALLY A, WERE THEY ADVERTISING AN AIRBNB, UH, PRIOR TO IT OR ANY OF THOSE OTHER SHORT TERM RENTAL COMPANIES? UH, I DON'T REALLY DO SHORT TERM RENTALS PERSONALLY, SO I DON'T KNOW THE WEBSITES NAMES.
VERBAL, I THINK IS ONE OF 'EM.
UM, WERE THEY ACTIVELY ADVERTISING, WERE THEY ACTIVELY RENTING IT OUT BEFORE OCTOBER 16TH, 2023? IF THEY WERE, THEY WOULD BE CONSIDERED LEGAL NONCONFORMING USE.
DOES ANYBODY ELSE HAVE ANY QUESTIONS FROM THE PAST? SO I JUST WANNA MAKE SURE I UNDERSTAND.
RIGHT NOW, IF PNZ DENIES AN APPLICATION FOR A SHORT-TERM RENTAL, CORRECT.
IT TAKES FOUR COUNCIL PEOPLE TO VOTE FOR IT.
IS THAT RIGHT? DUE TO, IS THAT A SUPER MAJORITY, NO LONGER, UH, THAT IS IN PLACE, UH, DUE TO STATE LEGISLATION THAT HAS CHANGED.
THAT IF YOU WERE TO RECOMMEND DENIAL OF ANY PROJECT, ANY ZONING CASE, IT USED TO BE THAT A SUPER MAJORITY VOTE OF THE COUNCIL WOULD BE REQUIRED.
THE STATE HAS TAKEN THAT, THAT, THAT ABILITY AWAY FROM CITIES.
AND SO IT WOULD JUST REQUIRE A SIMPLE MAJORITY AS, AS ANY WHAT OTHER NORMAL CASE THAT YOU HAD RECOMMENDED APPROVAL FOR.
UNLESS, UNLESS THERE'S, UH, THEY MEET THE PROTEST REQUIREMENTS OF PETITIONS, THAT WOULD TRIGGER THE SUPER MAJORITY VOTE.
SO THE PETITION IS THE REMEDIATION CORRECT? TECHNICALLY.
ANY OTHER QUESTIONS FROM THE PANEL? OKAY.
WE'LL GO AHEAD AND OPEN UP THE PUBLIC HEARING IF YOU'D COME TO THE PODIUM AND GIVE YOUR NAME AND ADDRESS TO THE CITY SECRETARY.
I HAVE A QUESTION ON THAT, TRENT.
UM, IS WITH THE SUVS WITH THE CITY ON THE NEW ONES, ON THE SHORT TERM RENTALS, THEY GOT LIKE, UH, SO MANY, UH, VIOLATIONS TO MAKE AND THEY COULD LOSE YOUR SUP CORRECT.
HOW IS THE STATE? IS THE STATE ALLOWING THE, THE CITY THAT STILL HAD THAT ORDINANCE OF, UH, UNNECESSARY UH, CORRECT ROUGHNESS? YOU KNOW, THEY'RE GONNA LOSE THEIR, SO FOR ANYONE THAT APPLIES FOR AN SUP AFTER OCTOBER 16TH, 2023, THOSE STANDARDS ARE STILL IN EXISTENCE.
THEY STILL HAVE THE THREE STRIKE RULE.
THEY STILL HAVE TO MEET THE REQUIREMENTS FOR PARKING.
UM, ALL THOSE STANDARDS ARE STILL IN PLACE WITH THE OLD, OLD ONES.
I WOULD HAVE TO, I WOULD HAVE TO REFER TO OUR ATTORNEY FOR PROPERTIES THAT DO NOT HAVE AN SEPI.
I BELIEVE THAT WE COULD CHALLENGE THAT.
UM, BUT THAT MIGHT BE AT TESTED IN COURT.
THAT'D BE KIND OF HARD ON OUR POLICE OFFICERS.
YOU REALLY DO NEED TO FIND OUT ABOUT THAT.
AND UNFORTUNATELY, I, I DON'T HAVE AN ANSWER FOR THAT.
WE'LL CLOSE THE PUBLIC HEARING AND, UH,
[00:10:01]
UH,[6. Consider recommendation of ZTA-113-2025 ]
ENTERTAIN A MOTION.I MOVE TO RECOMMEND APPROVAL OF ZTA DASH 113 DASH 2025 ZONING ORDINANCE, TEXT AMENDMENTS RELATED TO ZONING, PROTESTS, HOME BUSINESSES, AND SHORT TERM RENTALS, AUTHORIZING THE MAYOR AND OR CITY MANAGER TO EXECUTE ALL DOCUMENTS ACCORDINGLY.
ALL IN FAVOR? RAISE YOUR RIGHT HAND.
UH, TRENT, JACK, ANYTHING? UH, NO.
I THINK YOU'VE HEARD FROM ME ENOUGH TODAY.
UM, I, I'LL GIVE YOU, I'LL GIVE YOU A BREAK.
I ENTERTAIN A MOTION TO ADJOURN.