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HomeMy WebLinkAboutMinutes Island Strategic Action Committee - 12/03/20201 Webex Meeting Number: 146 758 9774 Password: mA3UNbHQr38 Island Strategic Action Committee Regular Meeting Agenda Meeting Minutes Tuesday, December 3, 2020 5:30 PM ISAC Agenda I. CALL TO ORDER, ROLL CALL Chair Jay Gardner called the meeting to order at 5:3 2 p .m . City Staff Jennifer Berkich called roll . Present Members (10) Jay Gardner, Brud Jones, Charles Duffley, Polly Balzer, David Perry, Tommy Kurtz, Daniel Brown, Armon Alex, Carter Tate, and Cheri Sperling Absent Members (1) Jodi Steen Present Ex-Officios (4) Twila Stevens, Bryan Gulley, Keith McMullin, and Brett Oetting Absent Ex-Officios (1) Terry Palmer Present City Staff (5) Jennifer Berkich, Thomas Klein, Keren Costanzo, Dan McGinn, Keith Selman II. APPROVAL TO AMEND MINUTES FROM NOVEMBER 5, 2020 Motion by Committee Member Carter Tate to approve the minutes. Second by Committee Member Cheri Sperling. Motion carried by unanimous vote. III. CONSIDERATION OF REQUEST FOR EXCUSED ABSENCES Absences: Jodi Steen was absent on November 5, 2020. Motion by Committee Member Carter Tate to approve the minutes. Second by Committee Member Cheri Sperling. Motion carried by unanimous vote. IV. PUBLIC COMMENT Written & call-in comments will be attached to the end of these minutes. V. ONGOING BUSINESS for Discussion/Possible Action 1. Ex-Officio Members’ Updates Bryan Gulley, Nueces County Bob Hall Pier Update: Testing by engineers determined that concrete not sound enough to last more than a few more years, will cost over 9 million to repair or 11 million to replace. Proposes that the best thing to do is find the money to replace the pier entirely. Parking lot to be rebuilt due to ADA concerns, GLO not supportive of asphalt on the beach. Dune permits will now go through the county. 2 Mile Markers: Pushed back by storm, city would like to move them back into the dunes for safety, county wants to leave them as is as a measurement for dune renourishment. County will need to make decision but wants to come to mutual agreement with city. Caldwell Pier: Notice to proceed to repair the pavilion area is about to be approved. Should start soon. Brett Oetting, Convention & Visitors Bureau 3-Year Strategic Plan Approved by the Board: Available on the website. Updated mission statement, marketing events and experiences. Updated vision as the Texas Gulf Coast Capitol. Reimagined visitors services, new brand and marketing campaign with emphasis on the islands and the beaches, destination development focus working alongside economic developers to bring more visitors to CC, and new customer service certification for visitors services. 10-Year Destination development strategy (tourism master plan) how do we make sure all areas are in sync for a cohesive experience for visitors. General beautification plan. 2. Island Engineering Update – Thomas Klein, Engineer IV North Beach/Padre Island Beach Facility: No update, design consultant contacted North Beach Shower Facilities: City parks working to activate new water line, parks to connect and install shower facilities Park Road 22 Bridge: no update, construction is ongoing Packery Channel Restoration: no update, expecting to hear back from Corps and FEMA Bond 2018 Project: Working with HDR to develop scope on revisions, questions from ISAC about lack of updates and what their proposal is, Thomas clarifies that they are negotiating details (fees and scope of work) and will need amendment through city council of proposal before work can begin Bond 2020: In process of issuing RFQ, more information in January 2021 • Dan Brown asked about IGA delays, concerned it was an engineering issue, to be added to January agenda 3. TIRZ #2 Update – Keith Selman, Assistant City Manager No update until their meeting after the first of the year VI. NEW BUSINESS for Discussion/Possible Action 1. Padre & Mustang Island Area Development Plan – Daniel McGinn, Keren Costanzo, and Freese & Nichols team (Shad & Alexis) WORKSHOP: Culmination of input from focus groups and community input, wants to focus on action items and some “homework” to put together a draft document, look at project initiatives and prioritize them correctly. Want to develop an image that helps to reflect vis ion themes drawn from community input and needs feedback from committee. Motion made by Committee Member Dan Brown to move item down on the agenda. Second by Committee Member Tommy Kurtz. Presentation resumed: renderings and action items to be taken home by committee for two weeks and then submitted to Keren Costanzo via email. 2. New Causeway Bridge – Jay Gardner, Chair Look at rebuilding the new causeway 3. Short Term Rental Subcommittee – Charles Duffley, Subcommittee Chair Recap: Looking into how other communities manage STRs, “best practices.” Input collected from subcommittee members, created a list of top eight cities as benchmarks, those cities assigned to members to research. Information was compiled in a spreadsheet, list of recommendations and scope of what could 3 be presented to the city submitted to ISAC. Most cities handling STRs compliance through city ordinances and zoning. Marvin, Board President of PIPOA Survey shows that over 80% of respondents do not want STRs in the single-family residential areas. Approx. 79% of respondents want the city to strictly enforce rules and regulations regarding STRs wherever they may be located. The PIPOA wants to be a part of a “transparent process” with City Hall and be included in the process as they move forward. Motion made by Committee Member Daniel Brown “that ISAC requests the city to do whatever is necessary through zoning, ordinances, etc. to prohibit and discourage short term rentals in areas zoned single-family residential on the island.” Second by Committee Member Polly Balzer Motion carried, four yes votes. Discussion about representation of “respondents” mentioned above, requests for more information. This is a city-wide issue (zoning/ordinance enforcement) that city staff needs to weigh in on. Requests that the city enforce the codes already in writing. Members would like to bring these issues to City Council with appropriate documentation/information. Motion made by Committee Member Daniel Brown, ask the city to enforce current ordinances regarding short term rentals. Second by Committee Member Tommy Kurtz. Motion carried by unanimous vote. VII. IDENTIFY ISAC FUTURE AGENDA ITEMS • IGA on the island update VIII. SCHEDULE NEXT MEETING Date: January 5, 2020 @ 5:30 p.m. Location: Webex IX. ADJOURNMENT - Meeting Adjourned at 7:55 p.m. Motion by Committee Member Cheri Sperling to adjourn. Second by Committee Member Carter Tate. Motion carried by unanimous vote. 4 Public Comments: ISAC Meeting 12/3/2021 1) Tom Cable 13750 Three Fathoms Bank Drive ISAC SHORT-TERM RENTAL RECOMMENDATIONS The November 12th issue of the Island Moon includes a front-page article entitled “City’s Short-term Rental Ordinance Taking Shape”. The main content is a list of six items from an ISAC subcommittee that “looked at similar ordnances in nine cities across the United States” to formulate their recommendation. “The new rules would be enforced through the Code Enforcement Office of the City of Corpus Christi.” While this is a tentative recommendation that has yet to be approved, the ISAC subcommittee appears to be on an unrealistic track. I am aware that the subcommittee may have additional details for each item. However, I can only comment on the information provided by the article. The list of the six items follows with a commentary on each. I will add City Code enforcement as a seventh item. 1. Registration Fee with an Annual Fee of $125 to $500. Although there are lodging taxes, most of the costs of regulating short -term rentals should come from these fees. There will be expenses for City Code enforcement, registration management, and potential litigation fees for enforcement and related matters. In addition, as most of the units may have waterfront decks, a boat with officer will be necessary to enforce the 10PM curfew referred to in Item 4. Short-term renters bringing boats may also have access to short-term rental boat docks and lifts. The Padre Isles subdivision already has a problem enforcing no wake speed limits on the canal system. Will these fees rates begin to cover all of these expenses, especial ly when the total number of short-term rentals will be unknown? The expense for on-site Island enforcement would be nearly the same for 10 rentals as it is for 100. Are enforcement and other costs appreciably less for a one or two-bedroom rental versus a 4-bedroom rental? 2. Occupancy Restrictions, Max of two people per bedroom While this is a reasonable regulation, how can it be enforced? Is the City Code Officer to knock on doors every night after 10 PM to check for the number of occupants? The number of vehicles will be of limited value to determine occupancy. Take the situation for a two-bedroom unit. A typical car can carry at least 4 persons. However, the recommended limit for the number of parked cars is two. That means at least 8 people could be sleeping in the unit instead the allowable number of 4. Additionally, how will Code officers know if a car on street without a placard is not also associated with additional persons occupying the short-term rental? 3. Parking Restrictions, on-site Parking one car per bedroom 5 Street parking is extremely limited throughout the Padre Isles subdivisions. Most waterfront properties (likely to be short-term rentals) have less parking than interior lots. In order to tell which parked cars are associated with the short-term rentals something like a disability mirror placard will be required. To complicate matters, most rental buildings and complexes will have more that one unit. The placard will need to indicate the specific unit. It will be difficult for Code Enforcement to inspect for these mirror placards due to crowded parkin g areas and the orientation of the vehicles. It goes without saying there is a potential for all types of placard fraud including counterfeiting. How close will an officer need to be to ascertain the authenticity of such a sign? Another problem is that Corpus Christi is the only municipality in the state that allows parking in yards that is not on a driveway. While the city does not allow parking on vacant lots, PIPOA lot owners circumvent that provision by re - plating the lot with an adjoining approved lot. How will officers be able to tell the difference between a vacant lot and a re-plated “empty” lot? Of course, “empty”/vacant lot parking is unsightly and only adds to the congestion. Will Code Officers be willing to leave their vehicles to inspect cars at the back of vacant or “empty” lots? What about boat trailers? City Code enforcement does a very poor job on the Island of enforcing the city rule that boat trailers parked on the street must be attached to their tow vehicle. Where will these boat trailers be parked? How many boat trailers may be associated with each short- term rental? How will they be identified? 4. Curfew-Noise Restrictions outside gatherings of 10 p.m. As mentioned, without a boat and officer this curfew will be nearly imp ossible to enforce for waterfront units.. The “parties” are on the back decks and not on the street or even inside the unit. Adding to the difficulty, the docks and decks of the PIPOA, in spite of past efforts of the Architectural Committee, are not required to display street addresses. 5. Signage, any STR would need to display a sticker that shows Occupancy and Parking How large and where would such a sticker be located? How would that work for second-floor units? Will there be stickers on the waterfront decks? What about various forms of sticker fraud including counterfeiting? 6. 3rd Part Software, the City of Corpus Christi should use a third party to manage the registration of the STR. No comment. 7. Rule enforcement through the City Code Enforcement office. City Code enforcement and police presence is minimal on the Island. Will Code Enforcement officers suddenly be on the Island every night to enforce the short-term rental occupancy number and the 10 PM curfew? Boat trailers parked and even “stored” on the street without an attached tow vehicle are common. A year or so ago, I spoke in person with a Code Enforcement officer about two vehicles in two adjacent lot front yards that did not have license plates on a major street. I followed that up with two emails months apart. There was no response to the emails and the unlicensed cars are still there. I also informed the PIPOA. The PIPOA Board recently sent the entire membership a five-question survey on short-term rentals. Two of the five questions were in regard to whether the PIPOA should be involved in creating regulations and enforcing them. It was clear from the wording that the desired response was “Strongly Disagree”. 6 Therefore, City Code enforcement should expect little assistance or cooperation from the PIPOA Board. This is an organization that barely enforces its own covenants and construction standards. CONCLUSION In conclusion, shortly after permitting short-term rentals, a very dedicated team of a boat officer and street officer will need to be on the Island every evening from 5:00 PM to 12:00 PM to enforce the proposed curfew and occupancy and parking rules. This especially includes weekends. Once short-term rentals become prevalent, additional police presence may also be required, especially in season. Add to these requirements the additional complications I have listed and can anyone seriously believe that there will be any significant enforcement? Finally, for the City, the benefit of short-term rental rules is for the revenue. Enforcement that reduces net revenue will be counterproductive to their goal. That factor alone is enough reason to have serious mis givings. SHOULD SHORT-TERM RENTALS BE PERMITTED ON PADRE ISLAND? There are a few attractive reasons to allow short-term residential rentals on North Padre Island. The first is to enhance city revenues from lodging taxes and other taxation income created by tourism. Another is the opportunity for those with an entrepreneurial spirit to profit from such properties. While there is nothing wrong with either of these activities, the PIPOA documents and physical infrastructure were not designed or intended for such use. In addition, the remote location from the City center creates a challenge for the additional code and law enforcement that short-term rental activity would require. Currently, these services are minimal at best. Therefore, it is both unpredictable and unlikely that a win-win scenario would be the outcome. Adding short-term rentals could end up “Killing the Goose that lays the Golden Eggs”! Details of the problems and obstacles are listed below. I. INSUFFICIENT PARKING 1. In general, the PIPOA subdivisions do not have sufficient street or private property parking to support short - term rentals. Also, the PIPOA is unwilling to apply or enforce the universal subdivision parking covenants. In addition, the City of Corpus Christi is the only municipality in Texas that allows parking in front yards other than on driveways. Therefore, with many yards already occupied by Golf Carts, Utility Trailers, Boat Trailers, Cars, Commercial Vehicles, and RVs, where would the PIPOA or City suggest that short-term renters park? Parking in yards will only be compounded. Many of the PIPOA streets are narrow and terminate in Cull de Sacs. This arrangement is not conducive to increased parking or traffic. Patio Lot waterfront properties, which would be popular as rentals, are on streets that have very limited excess parking capacity due to the smaller lot sizes. Multi-family Lot (duplexes, condominiums, and apartments) parking availability is even worse as the concentration of residents per linear foot of street is greater. For example, unless one blocks mailboxes and driveways, there is no extra parking available on Bonasse Court. Short-term renters would have no choice but to park around the entrance to the ya cht club and on the north side of Whitecap blocking access to that common area green space and view. 7 The Fortuna Bay multi-family dwelling area in the Port O’Call subdivision still has some vacant lots. However, City Code prohibits parking on vacant lots. The apartment and multi-family dwelling zone located behind CVS pharmacy extending north to What-A –Burger is completely congested as is. II. TRASH 2. At one time there was a house being used “illegally” for short-term rentals on Three Fathoms Bank Drive. The short-term rental required 4 city trashcans and two recycling cans. In spite of the number, these were often overflowing by Thursday evening. Being a Patio Lot house, there was no place to store the excessive number of trashcans from public view. Two cans is one thing, but six is another. III. PROPERTY OWNER CONTACT INFORMATION 3. The PIPOA does not always have the resident address of the rental property owner. Therefore, if there is a problem, there is no one to report to or hold accountable. Sending a letter to the rental property is ineffective. 4. Some properties are under management companies. However, the PIPOA often does not have the contact information or even know if or what company is responsible. IV. NIGHTLY PARTY 5. Resident owners use their decks and pools at night relatively infrequently. On the other hand, a major purpose for renting on the Island would be to enjoy the use of the waterfront amenities. In season, this could mean an outside party every night for a popular renta l. This is a particular problem for Garden Lot owners as the boatlift decks are well away from the rear building faces of houses. This means that “strangers” will unavoidably look into the backyard, pool, and back windows of the nearest neighboring house. Full-time Garden Lot residents, being equally affected, are sensitive of our neighbor’s privacy. The compensation is an expansive view. While short-term renters will certainly appreciate the view, the regard for the residents next door, which they will never see again, is not as likely. Patio Lot waterfront houses are generally located on much narrower canals. Resident property owners directly across the canal are not going to be thrilled with the lights and noise of late hour festivities every night. V. INSUFFICIENT POLICE AND CITY CODE OFFICERS 6. City Code and Police officer presence on the Island is minimal. City Code enforcement is laughable. For example, boat trailers parked on the street without an attached tow vehicle are commonplace. Some are stored this way on a “permanent” basis. If there are noise and other issues, who are affected members going to call? How could abusive nighttime activities be addressed on canals? VI. SAFETY 7. Driving while under the influence could become more of a danger to PIPOA members. 8. Golf Cart traffic would increase. Many of these drivers would be inexperienced and more would be minors. 9. The potential for crime will rise. Professional criminals can use short -term rentals as an operations base. 10. Traffic on Island streets, already congested, will increase. 11. Emergency vehicles may have difficulty and/or extended times to provide protection and emergency care. 8 12. Short-term renters will be unfamiliar with the canal system “No-Wake” zones and regulations necessary to keep the canal system clean. The bulkheads are not their concern. 13. Currently most boat traffic throughout the canal system consists of our neighbors as the private moorings and docks are only available to members and their guests. What will happen when that is no longer the case is anyone’s guess. The PIPOA has almost nothing in the way of canal “police” especially on the miles of minor canals. Waterfront cannot be protected from the street. VII. THE PIPOA DOES NOT ENFORCE RESTRICTIONS 14. A normal POA could write and enforce restrictions to mitigate some of the negatives of short-term rentals. However, the PIPOA has an abysmal record on enforcement. Therefore, that path is not a realistic option. 15. Even if PIPOA enforcement were effective, the PIPOA office is closed on weekends that are the most active short-term rental time periods. 16. On the other hand, if the PIPOA is not involved in enforcement, there is no one “local” for resident appeal. I have spoken with City Code officers and followed the conversations with emails with out effect. VIII. LEGAL CHALLENGES 17. Any limitation or restriction the PIPOA or the City might place on single-family residences as short-term rentals could easily be legally challenged as arbitrary, capricious, and inconsistent. What applies to one such house must apply to all. IX. CONCLUSION Unless most of the obstacles above can be addressed and resolved expeditiously, it would be unwise to permit short-term rentals in the PIPOA residential subdivisions. 2. Ted Morris 15869 Punta Espada Loop, Corpus Christi, TX 78418 (10+ years) 361-816-8458 Let it be known, that as a homeowner on North Padre Island within the PIPOA, I am adamantly against short term rentals being allowed within the residential neighborhoods. Without a clear definition of the areas I am referring to, it is easier described as the neighborhoods where housing is predominantly single family dwellings. Where families can carry on with their lives, kids can play and ride bikes, and neighbors know one another. They become friends, watch out for one another and help their neighbors when they can. On the flip side, picture short term rentals being written into code to accept a 2 days rent of a home within these nice neighborhoods. Typical homes on North Padre Island are 3 and 4 bedroom homes, some on the canals with boat lifts, and others on dry lots. Most designed for single families with an occasional party with friends and family. Now picture vacationers renting one of these homes and bringing 8 to 10 or more people, possibly a boat, and multiple vehicles, all for a 2 day stay. Are they loud and rowdy? Most probably, they are on vacation. Do they play music loud in the backyards of canal homes, not realizing that sound travels unencumbered across the water and into neighboring homes. Most probably. Do they use the canals while here? If they brought a boat, sure they do. Are they accustomed to the no wake rules, the no fish cleanings in the canals, the respect for others while enjoying themselves. Hmm, it sometimes takes months to 'train' new homeowners the 'rules of canal living'. How can you 'train' new and different vacationers to the extent that it doesn't become a radical contentious point between homeowners and vacationers. Possibly to the point of confrontation. Is law enforcement sufficiently equipped to handle the possible increase in disturbance calls? 9 I do understand that North Padre Island is a vacation destination. We are fortunate to live here, in an area that others love to come to. But we choose to live here, and pay the higher taxes and the higher insurances for this piece of paradise. There are areas designed to be housing for vacationers. Most anything on the water side of PR 22 and south of FM 361. And I am not sure, but even some townhomes in the original part of the island, and some in the Ports O Call area. I live across the street from a 'vacation home', where various families come and go. I know the owner and respect their privacy so I do not inquire. I am not sure if it is a publicly marketed home or offered up for friends and family. But I do, as a conscientious neighbor, periodically converse with them. And on occasion intervened to help them understand that their actions affect others and to 'tone it down'. To the ISAC representatives, Please do not misrepresent the Island homeowners' interests in this issue. I believe that the majority DO NOT want short term rentals in single family dwelling neighborhoods. To the City Council and any governing body representing the North Padre Island, Please do not allow the passing of rules and regulations to allow this to happen. 3. Ron and Michelle Jeffers To the ISAC Board of Directors: I am writing all of you regarding short term rentals on North Padre and Mustang Island. Before we delve to deeply into this matter, I want to make my thoughts on this abundantly clear. I have no issue with Short Term Rentals when they are administered and used in areas that are designed and zoned for them. I have a huge problem and am strongly opposed to short term rentals being allowed in low density residential area s, or our traditional single-family residential areas. I am extremely unhappy with the last three columns written on behalf of ISAC by Chairman Jay Gardener in the Island Moon. I have the impression from Mr. Gardener that the ISAC board views ‘short term rentals’ being allowed everywhere without restriction as a ‘done deal’ and that we need to just get over it. Mr. Gardener asserts this position because he believes that the Texas Supreme Court has ruled that cities and HOA/POAs cannot make restrictions on short term rentals. His advice that there is nothing that can be done and comparing it to gun ownership and private property rights and that ‘we’re Texans’ and can do what we want on our own property is a very weak straw man argument designed to stifle a nyone that dares question the ISAC board. Jay Gardener’s interpretation of both cases involving Short Term Rentals is wrong. The case involving the city of Austin has to do with the City trying to put the horse back in the barn. The Texas Supreme Court ruled against the city saying that they could not restrict STR’s ‘after the fact’. The city of Austin allowed STR’s with a permit. People in residential areas were unhappy with how ‘unintended consequences’ and a few years later, the City of Austin passed an ordinance restricting the STR’s as well as revoking/not renewing the license needed to run a STR in Austin. The Texas Supreme Court ruled that the City could not restrict people that had came in under existing law, made investments, and committed themselves to owning properties dedicated to STRs. This does not mean that ‘it’s a done deal’ and that ‘we should just accept it’. The second Texas Supreme Court case does not restrict HOA’s from placing restrictions on STR’s in residential areas. In this particular case, the Texas Supreme Court says that the HOA did not make specific enough restrictions, and that the homeowner, in this case, did not violate the covenants. There was no ruling against the HOA restricting them from having the necessary covenants to stop STR’s in their neighborhoods. That is a far cry from Mr. Gardener’s assertion that this is a ‘done deal’ and ‘we should just accept it’. Next, apparently there is already a law/code by the city that say that there shall be no rentals for less th an 30 days in traditional single-family neighborhoods. While I am sure Mr. Gardner will respond to myself and others that are expressing concern in another snarky ‘On the Rocks Column” and say “see, you’re covered”, I must question why Mr. Gardener would tell us that it is inevitable and we should get over it. 10 I am simply asking the ISAC board what harm is there in adding a recommendation that restricts short term rentals or demonstrates the zones that are designated for single family residential and sho rt term rental areas? Is it not the role of ISAC, to recommend the best methods and practices for the development of North Padre and Mustang Island? My suggestion to the board would be to include in the recommendation to the city that they uphold the current zoning and restrictions that protect single family residential areas, and also uphold and protect those areas where short term rentals are allowed. The ISAC board is being led down an incorrect path. The ISAC board is about to make a recommendation to the City Council based on an incorrect interpretation of Texas Supreme Court Rulings. The solution is simple for ISAC. Make recommendations based on facts. Make recommendations that protect both single family residential areas and short term rentals. If you have any questions, feel free to contact me. 4. Ann Marie Horvat 13561 Camino de Plata Court, Corpus Christi, TX 78418 ISAC Board of Directors, I am writing to express my opinion on short term rentals on North Padre Island. I have no issue with Short Term Rentals when they are administered and used in areas that are designed and zoned for them. I have a huge problem and am strongly opposed to short term rentals being allowed in low density residential areas, or our traditional single-family residential areas. Jay Gardner has quoted two Texas Supreme Court cases to back up his assertion that we have to allow short term rentals in the city and on the Island. I do not agree with his interpretation of these cases. Also, Jay’s recent columns in the Island Moon seem to say that the matter has already been decided and also that these rentals will be a good thing for everyone. This is definitely not a good thing for all Islanders. Approximately 85% of responses to the PIPOA survey about short term rentals are against them. Do the wishes of Island residents not get factored into this at all? Property values in single-family residential areas are bound to drop if short term rentals are allowed. Families and retirees will not be attracted to North Padre Island once it becomes known a house in their neighborhood, maybe right next door to them, may become a short term rental. This will have lasting repercussions for the entire island as potential home buyers seek out other areas of the Gulf Coast without short term rentals. We do not have the infrastructure to support short term rentals. Lack of safe parking is a primary concern on our narrow streets. Also, our city does not have sufficient man power to respond to police calls for late-night partying, loud music, belligerent renters or destructive behavior. Please consider restricting short term to the east side of Park Road 22. 5. Nicholas J. Colosi 13561 Camino de Plata Court Corpus Christi, TX 78418 ISAC Board of Directors, I am writing to express my opinion on short term rentals on North Padre Island. I have no issue with Short Term Rentals when they are administered and used in areas that are designed and zoned for them. I have a huge problem and am strongly opposed to short term rentals being allowe d in low density residential areas, or our traditional single-family residential areas. 11 Jay Gardner has quoted two Texas Supreme Court cases to back up his assertion that we have to allow short term rentals in the city and on the Island. I do not agree wit h his interpretation of these cases. Also, Jay’s recent columns in the Island Moon seem to say that the matter has already been decided and also that these rentals will be a good thing for everyone. This is definitely not a good thing for all Islanders. Approximately 85% of responses to the PIPOA survey about short term rentals are against them. Do the wishes of Island residents not get factored into this at all? Property values in single-family residential areas are bound to drop if short term rentals are allowed. Families and retirees will not be attracted to North Padre Island once it becomes known a house in their neighborhood, maybe right next door to them, may become a short term rental. This will have lasting repercussions for the entire island as potential home buyers seek out other areas of the Gulf Coast without short term rentals. We do not have the infrastructure to support short term rentals. Lack of safe parking is a primary concern on our narrow streets. Also, our city does not have sufficient man power to respond to police calls for late-night partying, loud music, belligerent renters or destructive behavior. Please consider restricting short term to the east side of Park Road 22. 6. Robert and Denise Harley 23733 Three Fathoms Bank Dr, Corpus Christi, TX 78418 ISAC Board of Directors: I am writing to ensure you are aware of our thoughts regarding short term rentals on Mus tang/ Padre island. We moved here in a single family home because it was not an area of predominantly short term rentals. I have no problem with short term rentals in the areas that were zoned as such. Our single family neighborhood is full of families who get up daily to go to work and school or are retired. We know our neighbors and know who’s coming and going. We feel safe and it is quiet. Short term rentals would interrupt this with strangers continually coming and going. It would turn our peaceful neighborhoods upside down. People here on vacation will party and “vacation” into the late night hours. I want to make sure I am crystal clear on this email, we oppose short term rentals in our single family home neighborhoods here on Padre / Mustang Island. Please confirm receipt of this email, thank you! 7. Gail Iwaniak 13834 Captain Kidd Dr. Corpus Christi, Texas 78418 As a concerned homeowner on The Island, I want to voice my concern about short term home rentals. My husband and I moved here because there was a residential population. We are not snowbirds and this is not a vacation home for us. It is our 24/7 home year round. We do not want residential homes turning into short term rental property. That would not only destroy the community atmosphere of the island but it would also create the opportunity for vacant/non-resident landlords to possibly neglect the wear and tear caused by short term rentals. What can we do to help stop this from happening ? Please include my comments at the meeting and please acknowledge receipt of this email. Thank you. 8. Ryan Pendergraft 13758 Eaglesnest Bay Dr, Corpus Christi, TX 78418 To the ISAC Board of Directors: I am writing all of you regarding short term rentals on North Padre and Mustang Island. 12 I have no issue with Short Term Rentals when they are administered and used in areas that are designed and zoned for them. I have a huge problem and am strongly opposed to short term rentals being allowed in low density residential areas, or our traditional single-family residential areas. I am extremely unhappy with the last three columns written on behalf of ISAC by Chairman Jay Gardener in the Island Moon. I have the impression from Mr. Gardener that the ISAC board views ‘short term rentals’ being allowed everywhere without restriction as a ‘done deal’ and that we need to just get over it. Mr. Gar dener asserts this position because he believes that the Texas Supreme Court has ruled that cities and HOA/POAs cannot make restrictions on short term rentals. His advice that there is nothing that can be done and comparing it to gun ownership and private property rights and that ‘we’re Texans’ and can do what we want on our own property is a very weak straw man argument designed to stifle anyone that dares question the ISAC board. Jay Gardener’s interpretation of both cases involving Short Term Rentals is wrong. The case involving the city of Austin has to do with the City trying to put the horse back in the barn. The Texas Supreme Court ruled against the city saying that they could not restrict STR’s ‘after the fact’. The city of Austin allowed STR’s with a permit. People in residential areas were unhappy with how ‘unintended consequences’ and a few years later, the City of Austin passed an ordinance restricting the STR’s as well as revoking/not renewing the license needed to run a STR in Austin. The Texas Supreme Court ruled that the City could not restrict people that had came in under existing law, made investments, and committed themselves to owning properties dedicated to STRs. This does not mean that ‘it’s a done deal’ and that ‘we should just accept it’. The second Texas Supreme Court case does not restrict HOA’s from placing restrictions on STR’s in residential areas. In this particular case, the Texas Supreme Court says that the HOA did not make specific enough restrictions, and that the homeowner, in this case, did not violate the covenants. There was no ruling against the HOA restricting them from having the necessary covenants to stop STR’s in their neighborhoods. That is a far cry from Mr. Gardener’s assertion that this is a ‘done deal’ and ‘we should just accept it’. Next, apparently there is already a law/code by the city that say that there shall be no rentals for less than 30 days in traditional single-family neighborhoods. While I am sure Mr. Gardner will respond to myself and others that are expressing concern in another snarky ‘On the Rocks Column” and say “see, you’re covered”, I must question why Mr. Gardener would tell us that it is inevitable and we should get over it. I am simply asking the ISAC board what harm is there in adding a recommendation that restricts short term rentals or demonstrates the zones that are designated for single family residential and short term rental areas? Is it not the role of ISAC, to recommend the best methods and practices for the development of North Padre and Mustang Island? My suggestion to the board would be to include in the recommendation to the city that they uphold the current zoning and restrictions that protect single family residential areas, and also uphold and protect those areas where short term rentals are allowed. The ISAC board is being led down an incorrect path. The ISAC board is about to make a recommendation to the City Council based on an incorrect interpretation of Texas Supreme Court Rulings. The solution is simple for ISAC. Make recommendations based on facts. Make recommendations that protect both single family residential areas and short term rentals. If you have any questions, feel free to contact me. Sincerely, Ryan Pendergraft 9. Sandy Graves 15802 Gypsy St. Mr. Gardner and ISAC members, 13 Short-Term Rentals here on North Padre Island (I an not referring to Mustang Island) is a touchy subject. There are those who want it, mainly because most have a monitary benefit. There are those who do not, especially because the are popping up all over the island in areas that restrict such activity. Mr. Gardner's opinion and message about STR's in zoned residential areas seems to be this. That is the way it is , you can't stop it, so get over it, and accept it. He also states that ISAC does not represent the residents, that is the POA's job. He is both right and most definatly wrong. You see Mr. Gardner and committee, what you reccommend to the city council most definitely does affect us all. This island does have active STR's, but they are located in zone appropriate areas, Fortuna Bay, Ports O Call, Commodores, and east of Park Road, to name a few. Our zoned single family residentials areas do not allow STR's. STR's in residential areas can and do cause multiple iss ues to their full time neighbors. For example; revolving door activity, noise, parking, and trash. I am speaking from experience, as I have a STR across from me. The owner is well aware that they are not allowed but they do it anyway. This morning's wind, the trash can is on its side and rolling around along with its contents. My question to you is, should the neighbors be the responsible party in the trash pick-up? What about safety? Our senior residents as well as our children are at possible risk from the unknown occupants next door. If this island is going to develop, which we all know it is and will. Then STR's need to be built in the appropriate zoned areas, not to be allowed to operate randomly in our single family residentail areas. Respectfully, Sandy Graves 15802 Gypsy St. 10. Vicki Marsden-McGinley 15334 Bowsprit Court, Corpus Christi TX 78418 I have been a resident of North Padre Island for over 10-years. I categorically do not want the City of Corpus Christi to allow Short-Term Rentals (STRs) in the single-family home areas, in the Padres Isles Property Owners Association. I believe that allowing STRs will decrease the property values. 11. Dan Herrington 361-949-9310 14254 SPID, Suite 100 Corpus Christi, TX 78418 I understand that the ISAC is currently considering Short term rentals rules and guidelines for recommendation to the council. Based on what I have read in the Island Moon, I am very concerned at the direction the Committee appears to be taking. I do not agree with the assessments that were made in the paper, and strongly urge you to recommend AGAINST allowing any changes to zoning or rules that would permit short term rentals in single family neighborhoods on the island. Short term rentals are an important part of the islands economy, and should be encouraged and regulated in the areas designated for such. However, allowing short term rentals in neighborhoods not zoned or designed for business use should be adamantly opposed by all on the committee. Furthermore, Any guidelines/rules ISAC recommends should be enforceable by the city. The city does not have the resources to enforce the existing property violations, as the many overgrown lots on the island and throughout the city can attest. Expecting the city to enforce the proposed occupancy rules & parking limitations in single family neighborhoods is unrealistic at best, and will only prove to be detrimental to the homeowners and residents living around them. In my opinion, opening this door will ultimately will be detrimental to home values here on the island and to those of us that live here. ISAC’s job is to make recommendations to the council that are in the best interest of the island. I urge you to do exactly that, and recommend against any zo ning or ordinance changes allowing short term rentals within our single family neighborhoods. 14 12. Herb Bradley 13834 Captain Kidd Dr. Corpus Christi, TX 78418 My wife and I live on the Island 24/7 365. We are very concerned about the prospect of short term rentals coming here. We need more homeowner residents who maintain their property and fewer absentee landlords who do not. This proposal will put added pressure on the police presence and code enforcement which is spotty to nonexistent. Please express our opposition. 13. Doreen Kinkel 15405 Grass Cay Ct. #706, Corpus Christi, TX The short-term rental (STR) ordinance should take a "Good Neighbor Program" (GNP) approach like has been adopted elsewhere. These programs are typically city administered-NOT by vendors, VRBO. In most cities’ registration fees, fines go to fund a city unit to monitor and enforce the program. In many renter’s sign agreement to abide by policies/code of conduct that apply to all guests/visitors at the location and may include a Good Neighbor Deposit, a deposit like required by hotels and timeshares. The GNP contract used by Trinidad, California, and their Good Neighbor Deposit policy are posted on the web. The deposit could be forfeited for failure to adhere to GNP policies/regulations agreed to. Fines/penalties range from citation, fine, forfeit of deposit, to eviction of renter/guests; complaint documentation could include photos, video, statements, police, or code enforcement calls to location. Following are examples of places with STR GNP: Galveston, TX; Tybee Island, GA; Vail, CO; Lyons, CO; Bend, OR; Albemarle/Nelson Counties, VA; Lexington, MI; Pierce County, WA; Walworth County, WI; in California-Monterey, Oceanside, Trinidad, Del Mar, San Diego, Paso Robles, Riverside In addition, the STR ordinance for Corpus Christi should include: 1. Limit in density of STR permitted residences in a given area, maximum percentage of 12.5%, by block or PUD- Planned Unit Development (townhomes, condominiums) or in multi-family residential development of more than 8 units permitted/allowed to operate STR. 2. Owner or local contact for property provide 24-hour contact phone number to city, posted by permit number and street address at city STR dedicated webpage with link at Code Enforcement webpage 3. City maintain STR hotline and mechanism (like online complaint form) dedicated for reporting violations/complaints (e.g., noise, trash). Two communities with robust programs are Oceanside, CA and Trinidad, CA 4. Owner or local contact must report to city STR unit within 2 business days of being received any complaints made to local 24-hour contact number and action taken/how resolved 5. City maintain mechanism for aggrieved person (person complaining) to file Code Enforcement Complaint if owner or local contact fails to respond timely, adequately, or at all to contact about a problem through 24-hour owner/local contact number 6. City maintains record of (tracks) complaints and violations and, depending on frequency or severity of offenses, suspend or revoke STR permit, also to include web-based accessible link to updates on STR monitoring including number of complaints. Cities with programs like this: Bend, OR and Oceanside, CA (has dedicated STR code enforcement officer) 15 7. City establish Citizens Advisory Committee to monitor STR ordinance, regulations, etc. to provide responsiveness to residents and operators about how ordinance is functioning, make recommendations, and report to City Council on a regular basis. 14. Debbie Morais (Wall) 15909 Punta Bonaire Dr, Corpus Christi, TX 78418 To the ISAC Board of Directors: I am writing all of you regarding short term rentals on North Padre and Mustang Island. We are strongly opposed to having short term rentals in our zoned single family, low density neighborhoods. ISAC Chairman, Jay Gardner and his short term rental committee are wrong on their interpretation of the Supreme Court ruling regarding STR's. The City also has a code/regulation that say no rentals for less than 30 days in single family neighborhoods. We have zones setup for single family neighborhoods. We need to uphold the current zoning and restrictions for single family neighborhoods. The community of Padre Island does not have the infrastructure to support the overflow of vehicles on our neighborhood streets. We have limited police presence. Who is going to monitor our canals and waterways? Who will a neighbor call on the weekends for disturbances or for violations of rules? Who is going to monitor these STR's for any compliance that the ISAC recommends? This is wrong on so many levels and we sincerely hope that the ISAC Board of Directors is listening to the community and hearing us loud and clear - NO SHORT TERM RENTALS! 15. Michael Mason 13842 Topsail St. My name is Mike Mason. We are retired North Padre Island residents and I am providing this statement regarding the Short Term Rental (“STR”) issue presently before the ISAC Committee. My wife and I are full time residents on the island, having moved her e in 2014, from Houston. Prior to our move we owned a vacation home here for approximately seven years. Last February an adjacent house to ours, a three bedroom SFR, with a pool, on a canal, was sold to a disinterested absentee owner. The property was immediately converted to a STR, was listed on VRBO, and is one of three such properties with the same owner within one mile of our home. Since that time we have come to understand the serious impact that an STR has on our island neighborhood. Our experiences have ranged from disruptions involving a DJ playing blaring explicit sex themed music, apparent under - age drinking and drug use, late night fights and pool parties to more acceptable activities involving young families, respectful guests and respect for the neighbors. The property was fully booked throughout the spring and summer months into October with guests staying 3-4 days on average, paying $450/night. Occasional disruptions include loud late night fishing and drinking, frequent vehicle doors slamming and instances where multiple vehicles are parked on both sides of our narrow street impeding local traffic. Underlying these concerns is the fact that these unknown “guests” come into our neighborhood where even the STR owner has no way of knowing anything about their tenants, other than phone and credit card numbers, resulting in a real concern as to our safety and the peaceful use of our property. When we purchased our residence we verified that our neighborhood was protected by the city’s ordi nance prohibiting SFR rentals for less than 30-days. Now the enforcement of that ordinance is being ignored by the City and the STR’s continue to infiltrate our community. These are commercial business activities that are essentially 16 “illegal” that now impact on our rights to the peaceful enjoyment of our homes and also threaten our ability to sell our property for maximum value due to the blight of the nearby STR’s. As a homeowner and informed voter, I must consider a candidate's willingness to protect the value of our homes and the enjoyment of our tranquil island lifestyle. In this case I will not vote for our incumbent Mayor as he’s violated our trust in not enforcing the existing covenant prohibiting STR’s in my neighborhood. As for our City Counci lman, he has been largely silent, a silence that speaks volumes. Regarding the upcoming election of our POA Board members, only those candidates strongly supporting the efforts to restrict STR’s in our residential community will get my vote. Hopefully my island neighbors will rally together to support only those political candidates that are willing to take a stand and to work to protect our property rights and our island way of life. I appreciate the opportunity to address this important issue. Thank you. 16. Kristi and Jamie Phillips 13858 Topsail St. Corpus Christi, TX 78418 | 817-791-8473 We would like to have the following information added to the information considered during tonight's ISAC meeting: We live on a canal and had had to deal with the constant noise of being 3 houses down from a short term rental. The police were called by multiple neighbors on a regular basis due to the noise. Many times the police were called multiple times in one day. The people renting often played loud, inappropriate music. It made it difficult to be in our own back yard with our children. This was an issue all hours of the day. My husband and I are firmly against allowing short term rentals in single family homes. It has the potential to negatively affect our property value. More importantly, it has affected our ability to enjoy this beautiful place we live. 17. Roy Coons 13733 Cayo Gorda Committee Members, In 1987, my wife Kathie and I decided to make Padre Island our home and raise our family. In 1987 there were numerous vacant lots inhabited by gophers and jack rabbits. Now expensive homes have been built on these vacant lots. We have a number positives going for us on the Island. Families with children have populated the Island. We have an excellent school district, the Seashore Learning Center, a vibrant PIPOA which has been instrumental in managing our growth, their over site ensures we live in safe, well maintained, orderly neighborhoods, albeit no fault of the POA our taxes are in my opinion somewhat high. A price Island residents are willing to pay for our tranquil Island lifestyle. We are witnessing Short Term Rentals creeping into our residential neighborhoods. Many of the occupants of these rentals are inconsiderate of neighbors, they are disruptive and have a disregard for others. These types of businesses do not fit into the fabric of the PIPOA residential neighborhoods. I want to leave you with a point to ponder. How would your lifestyle be affected if a Short Term Rental located next door to you?