City Council Votes 4-3 to Legalize Short Term Rentals

SAN ANGELO, TX – Tuesday’s city council meeting was packed with San Angelo residents interested to see if the city council members would pass an ordinance that would allow the city staff to finish the paperwork necessary to legalize Short Term Rentals (STRs) and Bed and Breakfast Establishments (B&Bs) within the city limits. After much deliberation and several testimonials from both council members and attendees, the council members voted in favor of the ordinance legalizing STRs and B&Bs in a 4-3 vote.

The evolution of STRs and B&Bs

The ongoing battle over the legalization of STRs and B&Bs within San Angelo city limits has kept the council members busy these last few months. LIVE! previously reported on the August 2nd city council meeting where members debated with proponents and opponents of STRs and B&Bs for over two hours. On that day, council members also failed on passing the ordinance and set it aside for another time. A month later, on October 5th, the ordinance was brought before council again. After another lengthy debate and much deliberation among council members, two amendments were added to the ordinance - a step in the right direction for those wanting their STRs and B&Bs to be legalized.

Yet, there were still too many unanswered questions and legal issues that needed to be addressed. Therefore, the city council voted to postpone its final decision one more time, until the Planning Commission office could meet with a designated representative from both the proponents of STRs/B&Bs and the opponents of the latter. All parties would come to a working solution acceptable to proponents and opponents of STRs/B&Bs should the city council members pass the ordinance during the first public hearing. On this special team were Attorney Greg Gossett, a resident of the Nasworthy area, who was against STRs and B&Bs, and JeanAnn Dannbert, a current owner of several STRs and an adamant supporter of them. That brought us to Tuesday's meeting.

Yesterday marked the third meeting between the Planning Commission’s office and the city council members to discuss STRs and B&Bs. It was different from previous meetings because it was the “First Reading and Public Hearing” of the ordinance. This meant if the council members were to vote against the ordinance, STRs and B&Bs would become illegal once and for all.

Jon James, Director of Planning and Development, briefly presented the outcome of the special meetings held between him, Gossett and Dannbert.

Between the August 2nd and October 5th meeting, the ordinance required from STR and B&B owners to comply with the following rules.

• A parking standard of a minimum of 2 spaces per house and one space for any additional rented rooms.
• No more than two people per bedroom.
• Outdoor gatherings are limited to the hours of 7 a.m. until 10:30 p.m.
• No more than 20 people allowed at gatherings.
• Furthermore, the city will inspect the STR facilities, and require HOT registration with the city and state (as this is already required).
• An annual fire safety inspection will be required
• A City Planning Department review of each STR, to include notification of surrounding neighbors, for each proposed STR
• No camping except one camping unit (e.g., one tent, one trailer)
• A time limit will be placed on conditional use approvals to the STR and B&B facilities mandating that renters renew their authorization to operate every two years.

 Tuesday, Jon James went to council with the amendments (listed below) to be added to the ordinance already in place.

• An operator of an STR/B&B must submit an application to obtain a conditional use approval from the Director of Planning and Development Services. This conditional use approval must be renewed at the end of the first year, and every two years thereafter.
• On this application, operators must designate an “operator” who resides in Tom Green County, Texas, and provide a valid phone number where the operator can be contacted. This information must be on file with the city and be sent to all properties within 200 feet of the STR/B&B.
• The owner of an STR/B&B must clearly post in the STR/B&B: name and contact information of the designated operator as well as occupancy limits and noise restrictions set out in the ordinance.
• Neither STR nor B&B may be approved unless they adjoin a public street of at least 30 feet in width.
• An STR may not be located on a lot within 500 feet of a lot on which another STR is located.
• Camping units will not longer be permitted on the premises of an STR establishment in a residentially zoned property. However, one pump tent will be permitted as long as it is no more than 40 inches in height and 8 feet in length.
• Neither STR nor B&B establishments may be operated on a city-owned property that is leased for residential purposes.

A long debate ensued between council members and the general public.

Overall, it was a tough decision for some council members. Many members felt ambivalent on how to vote until the last minute.

Attorney Greg Gossett was present at the meeting. He addressed the city council members on the issue at hand, and said, “We need to proceed cautiously.” He also demanded firm restrictions on the ordinance, should it pass, “[as council] can always increase those later should they wish to do so, but if we throw the city open and have no restrictions and limitations, [council] would never be able to cut it back down.”

He concluded that he was in agreement with the proposed ordinance. Many opponents stepped up to the podium affirming STRs have “impacted their quality of life,” and they questioned the fairness of this ordinance, which in their mind limited the control over their property.

As one San Angelo resident stated, “I am not allowed to do what I want with my property but others can?”

One woman strongly opposed the passing of the ordinance. She lives between two STRs and calls it “constant turmoil.” She also voiced her concerns over the safety of her grandchildren whom, she claimed, could no longer play outside due to the increase in traffic and the constant presence of strangers.

San Angelo resident Randal Scotty, another opponent, was angered that those who are opposed are now needing “to give up their property rights for those who were operating illegally and now want to be legalized.” In the eyes of Scotty, this reason alone would be reason enough to create a referendum.

Though the majority of those who spoke up during the public comment session were opponents, there were also a few proponents among the audience. JeanAnn Dannbert addressed the council saying that she hoped the council members could come together “to make this a balance for everyone.”

San Angelo resident, Debbie Pow, a current owner of an STR,  “understands [that] a neighbor of an STR may have some problems,” but she said, “Sometimes, you have problems with your neighbors in general; at least in a STR, they [would] be out pretty quickly.”

After these and several other testimonials from both opponents and proponents, the time had come for council to make their final decision. Mayor Dwain Morrison made the motion to pass the ordinance as presented and added that, regardless of the result, the vote would be final.

The vote was cast, and council ruled in a 4-3 vote to pass the ordinance allowing STRs and B&Bs to be legal within San Angelo city limits. This ordinance will come back to the council for a second hearing during the first council meeting of 2017.

This is how the City Council voted today.

Opponents did not want to give a statement on the ruling, but proponent JeanAnn Dannbert, had a lot to say.

“What we’re trying to do is compromise on both sides […]; we try to accommodate their needs and wants,” said Dannbert, and she was appalled that people call STRs party houses, asserting that "she treats all her homes with the utmost respect and her neighbors as well." She also added that she would vet all her tenants, asking them to sign a contract that clearly stated all the house rules. Many STR renters do not rent to anyone under 21. Should a tenant not abide by the rules, Dannbert will evict him or her immediately. Dannbert, of course, was pleased with the city council members vote because, for her, STRs and B&Bs “give San Angelo an opportunity to have greater economic growth. “

For those who were angered by Tuesday’s results, there is the option of creating a referendum in opposition to any given rule. A referendum can be started on the day a rule is adopted by council, and it will need to be completed within 60 days. In order to complete the referendum, the creators must get enough signatures in support of their issue. For a referendum to pass, the number of signatures needs to be equal or outnumber 25 percent of the participants of the last mayoral election. In this particular case, the number of signatures would need to be equal or greater than 5,500 (estimated number).

The next City Council meeting will be held on January 17, 2017. It will begin at 8:30 a.m. at the McNease Convention Center. As usual, City Council meetings are always open to the public.