Recap September 20, 2023 Joint Public Hearing with Planning & Zoning Commission; Special City Council Meeting, Submitted by Council Member Debra Hines and approved by Mayor Jeff Rasco
Received by City Staff on November 1, 2023
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City Council meeting recaps are unofficial summaries of Council meetings. They are not minutes of the meetings, which can be found on the city's website along with video recordings of the meetings. The recaps have been very popular with citizens – they contain more information than official minutes and are less time consuming than watching the videos. Councilmember Debra Hines has generously given her time to produce the recaps since taking office in 2021.
This Recap submitted by Councilmember Debra Hines and approved for distribution by Mayor Jeff Rasco
September 20th Special City Council Meeting and Joint Public Hearing Recap
Mayor Jeff Rasco was absent from the meeting. The following members of the Planning and Zoning Commission were present: Chairperson Andy Davenport, Vice-chairperson Lydia Johns, Commissioner Tomas Palm, and Commissioner Tamara Robertson.
Legal Counsel present representing Denton, Navarro, Rocha, Bernal, & Zech PC law firm: Megan Santee
A joint public hearing was held with Planning and Zoning and the City Council to discuss the topic of a temporary moratorium on the permitting of new short-term rental properties within the City of Woodcreek. Public comments were provided.
Public comment during hearing: Residents wanted Council to enforce ordinances that exist and act.
The public hearing closed and discussion occurred.
Discussion during this time centered around what if any permitting exists in the city. At this time City staff had created a two-step process: 1) a zoning determination letter costing $75 and 2) a permit filled with a $2,500. It was established that a permit should have been passed by ordinance and that changes to the fee schedule for the permit fee should have occurred by resolution. Previous legal Counsel had advised staff and Council that a permit was necessary at this time and could be established with a fee in this manner.
Additional discussion occurred surrounding the language of the word “permit.” Meaning does this proposed moratorium apply to the document of a permit such as an application to operate or does it extend to the allowance of or “permitting” of short-term residential use.
It was established that a moratorium could last up to 120 days, but to extend it would take significant proof of a need or cause.
If passed the moratorium would impact SF-4 as permitted by ordinance, special use permits, and conditional use permits.
Mayor Pro Tem Pulley stressed that this has been a delicate situation, most of the State of Texas is undecided on the issue, and that both Council and the Planning and Zoning Commission have been working hard to get this right for Woodcreek.
Councilmember Hambrick advocated for the Planning and Zoning proposal to change the zoning code to say STRs not allowed with the exceptions being SF4 and the multi-family area on RR12.
Discussion occurred around the purpose of the moratorium and whether or not Council would continue to review and take action during this time, or would there be further delay. Members of the Planning and Zoning Commission stressed wanting action, promoted their original recommendation, and urged Council to take action. Commissioner Robertson stated that it was a complicated problem and Council was wise to proceed with care.
An executive session occurred to discuss topics pertaining to the moratorium. No action was taken during the session.
After executive session no action was taken and this meeting was concluded.
SPECIAL COUNCIL MEETING
Item 1: Resolution formally naming Denton, Navarro, Rocha, Bernal & Zech, P.C. as legal Counsel and Attorney for the City of Woodcreek passed unanimously.
Item 2: Upon discussion of the first reading of the moratorium it was established that essential language defending the purpose and reasoning for the moratorium was lacking. This was necessary by law and would mean that a second reading should not proceed until a full update and review was conducted by current legal Counsel. It was also noted that current legal Counsel had only been briefed on the topic the week prior and would prefer additional time to prepare for a future meeting and consideration. Other issues were noted inside the proposed moratorium such as the use of the language of a conditional use permit.
Item 3: No action was taken to move forward with a second reading of the moratorium. Instead, a review and possible update of the existing proposal was requested by Council by the new City Attorney Charles Zech. A second reading could then proceed once the updated document was received should Council wish to proceed. Another public hearing would not be necessary as that requirement had been satisfied.
