The Plano city council floated ideas about what steps to take at a recent meeting — a temporary ban on new short-term rentals, a nuisance ordinance and even an ordinance on “party houses.” They may hold a joint meeting with the city’s Planning and Zoning Commission, similar to Frisco’s joint meetings about the permit for the Universal Studios theme park.
All of these possibilities could be on the table for the council’s first meeting in April. And there’s also a bill that’s been introduced in the Texas House that could eventually have an impact.
But frustrated residents who attended the meeting to call for a ban on short-term rentals after a traumatic shooting left with no definitive idea on what will happen next.
This isn’t the first time the Plano city council has put off taking action on short-term rentals. The city was set to vote on an ordinance in November. The ordinance outlined registration and inspection requirements for owners of short-term rentals to follow — and consequences for breaking those rules.
But that vote got tabled. The ordinance hasn’t reappeared on a city council agenda since then.
Lying in wait
What’s keeping the Plano city council from moving forward on short-term rentals? City staff say the data collection process is only about halfway through. And more than one council member said they worry the city could be sued.
“I certainly do not want a heat of passion to result our city spending years of our hard-earned tax dollars in litigations,” said deputy mayor pro tem Maria Tsao Tu.
The City of Arlington was sued over its short-term rental regulations. The city limited short-term rentals to a specific area near Arlington’s entertainment district. The case made it to the appeals court in 2020, which ruled in Arlington’s favor. The City of Grapevine is also facing a lawsuit over its short-term rental rules. That case could make its way to the Texas Supreme Court.
Plano mayor John Muns said in a previous interview with KERA that the council is keeping a close eye on what’s going on in the courts and other cities regarding short-term rentals.
“We're obviously going to wait for some of these decisions in these other cities to be made so that we can kind of get some clarity on what is allowed and what isn't allowed legally,” Muns said.
There’s also a bill on short-term rentals in the Texas Legislature that was introduced by Rep. Gary Gates, a Republican from Fort Bend County with a background in real estate. It’s currently in committee.
The bill would allow cities to enact ordinances that require short-term rental owners to register their properties and pay a permit fee, similar to the ordinance Plano was set to consider in November. It also prohibits cities from outright banning short-term rentals and from limiting the rentals’ occupancy.
The bill could provide the city council with legal cover for its ordinance. But not all of the city council members are enthusiastic about the potential legislation.
“I would encourage you not only read the bill but read about the person who filed it because it’s a self-serving bill” council member Rick Grady said.
Prohibition
Many Plano residents have said anything less than a full ban on short-term rentals in their neighborhoods won’t do. People have spoken out against short-term rentals at city council meetings in Plano for almost a year, calling for a total ban on short-term rentals in residential neighborhoods. That includes Zoe Sanchez, who had a bullet go through the window of her three-year-old daughter’s playroom during a shooting at a short-term rental.
“My daughter asks me almost daily, are the bad guys coming back?” Sanchez said.
The Texas Neighborhood Coalition, a local group that wants to ban short-term rentals in residential neighborhoods, argues the city’s current zoning ordinance already allows for that ban by prohibiting hotels, motels and bed and breakfasts in those areas. That’s a sentiment council member Shelby Williams said he shares.
“The overwhelming intent in our zoning ordinances is that short term rentals and leases were never meant to be allowed in residential areas,” Williams said.
Residents erupted in applause multiple times as Williams called for an immediate temporary ban and an eventual outright ban. But whether or not the council will follow Williams’ call or stick to staying cautious remains to be seen.
Residents who are eager for action will have to keep checking the city council’s agenda page to see what might happen next.
Got a tip? Email Caroline Love at clove@kera.org.
Caroline Love is a Report For Americacorps member for KERA News.
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