![]() Short Term Rentals currently in Plano The Battle Over Short Term Rentals “You shall own nothing and be happy.” This quote comes from the World Economic Forum. In Plano that quote is getting closer to becoming true. Plano is getting closer to more people renting their domiciles instead of owning them. One kind of rental that is causing problems for residents is the Short Term Rental. You may have heard of some of the companies that do Short Term Rentals. Airbnb, VRBO, Homeaway, and Homestay are just a few of the platforms where people can rent a home for a short stay or vacation. Renting a home for a vacation is not new. People have rented beach or ski homes for vacations for decades. What is new is the internet platforms that make the renting process easier, and bring vacation rentals to cities that are not typical vacation destinations such as Plano. Unlike Aspen and Galveston, Plano is not a city that people would go to for a vacation. The majority of our residential units are occupied by full time residents. Also, unlike destination cities, Plano does not have the resources, organization, or regulations that a destination city has. Since Plano is not designed for vacation homes, residents are having problems with short term rentals in their neighborhoods. Some reported problems are, loud parties at all hours of the night, trash, parking problems, and illicit activities. In one short term rental the police broke up a sex trafficking ring. The rental in question is in a family neighborhood. You can read more about the arrest and problems with STRs at https://www.tncplano.org/post/sex-trafficking-ring-at-str-in-plano. Personally, I have nothing against vacation rentals in general. I have rented one through Airbnb to go on a trip with one of my oldest friends. However, there is a time and place for vacation rentals. Plano’s residential neighborhoods is not one of those places, and our current zoning regulations agree. Plano residents cannot do anything they want with their property. A person whose property is zoned for a single family home cannot use the property for a restaurant, bar, retail store, strip club, or hotel. According to Plano's own website,https://www.plano.gov/453/Hotel-Occupancy-Taxes “A Hotel is any building or buildings in which the public may obtain sleeping accommodations for a cost of $2 or more each day for a consecutive duration of 30 days or less. This includes, without limitation:
The City of Plano's Hotel Occupancy Tax rate is 7%. The City's tax is in addition to the 6% rate imposed by the State of Texas, which must be remitted separately to the State. Airbnb started collecting hotel occupancy tax for Plano effective May 1, 2019. Homeaway, including VRBO and all other Expedia group platforms, started collecting hotel occupancy tax for Plano effective February 1, 2020. Hosts in the City of Plano not utilizing these platforms will need to charge their guests a 7% occupancy tax and remit payment to the City of Plano following the same instructions for hotels mentioned above.” So, according to the city of Plano, Short Term Rentals are hotels, and the only residential districts that allow hotels are Urban Residential and Residential Community Design with a specific use permit. If a short term rental is anywhere else it is operating illegally and the city has an obligation to stop it. We have nearly 600 Short Term Rentals all over the city of Plano. Some are in the correct zoning and other are unlawful. For over five months residents have been going to city council meetings asking the city to enforce the law. Yet the only thing the city has done is tell the residents to call the police if they have a noise problem from a loud party or other nuisances from a Short Term Rental. Why is the city not enforcing the law? Well the answer, in my opinion, is simple… MONEY! If the city gets rid of the unlawful Short Term Rentals, they lose the hotel taxes. What can you do to get the city to enforce the law? My first recommendation is to go to the TX Neighborhood Coalition Plano Chapter website and join them. https://www.tncplano.org/ . Next, contact all the city council members and demand they order the city staff to enforce the law. No one or thing is above the law, not even the City of Plano. This is Plano’s Political Pit Bull signing off. ![]() The yellow areas with the red dots are Urban Residential zoning. This is where Short Term Rentals are legally allowed in Plano out right.
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On April 11, 2022 the Plano City Council had a discussion on it’s Comments of Public Interest Policy. This was placed on the agenda by Council-members Tu and Grady due to a few people’s unorthodox comments and presentations. The first of these presentations, a few weeks before, went viral and was even featured on Fox News. While some residents are laughing at the man’s unique way he redressed the government of his grievances, as well as his copycats, some council-members’ response to this is to limit our first amendment rights. Before we go over the discussion the city council had to limit our rights, let’s go over a few important facts. The First Amendment of our Bill of Rights lists five freedoms the government cannot stop people from doing.
Now, notice what the First Amendment does not list; it doesn't list any limitations or exceptions to those five rights other than to peacefully assemble. These five rights are not just in the Bill of Rights, they are also in each states’ Constitution. The right to speak and petition our government for a redress of grievances was not something our framers invented. One of the earliest documents to list these two rights is the Magna Carta. Following the Magna Carta, American colonists used their local assemblies as surrogates for the King to make complaints. Also, in 1641, the Massachusetts Colony created the very first code of laws in New England called, Body of Liberties. It recognized the right to address Massachusetts government bodies. Moving on in history, in 1689 the English Declaration of Rights proclaimed, “it is the right of the subjects to petition the king, and all commitments and prosecutions for such petitioning is illegal.” Moving forward in time to 1776, “[a] group of petitioners sought relief from England for a series of intolerable acts…and numerous other limits on self-government. Denied redress, the petitioners became revolutionaries, [and some went on to become leaders of a new nation]” (Adam Newton) https://www.freedomforuminstitute.org/first-amendment-center/topics/freedom-of-petition/freedom-of-petition-overview/ Our founders and framers knew history, and had first hand experiences dealing with a King that tried to limit and even take away their liberties. So, when it came to writing the first amendment, Madison purposefully only put the limitation of peaceful assembly in it. He knew that a free republic and self-government depends upon the free exchange of ideas, opinions, and complaints without the threat of limits, retaliation, harm or punishments from governments. However, this is not something that a few people on Plano City Council know or seem to understand. Even those members that hold law degrees lack this understanding. Our first example of a person who lacks the understanding of our first amendment and its history, came from the person who wanted to talk about limiting the public's right to redress in the first place, Council-member and lawyer Maria Tu. She started her comments by saying, “I find it, that when we allow public comments it’s a great exercise of our constructional rights.” So far she is off to a bad start. Notice she used the words, “when we allow”. In others words, she is under the assumption that the council gives permission for people to address Plano’s government body; Plano City Council is not where the people get the authority to address their elected officials. Mrs. Tu continues to show us what she truly believes in her next statement.“ However, I think Plano has been known for many years as a city of inclusiveness, rather than exclusiveness, and when comments are meant to harm the city’s image as well as some of our residents, that’s where we need to draw the line and we need to actually do something about it.” No Mrs. Tu, you don’t need to and can’t do anything about it. You are not a queen, and the council is not a tribunal or group of tyrannical Nobles, that can trample on the people’s God given constitutional right to speak and petition their government. Even Justice Scalia, in talking about a case dealing with the first amendment, said, “If it were up to me, I would put in jail every sandal-wearing, scruffy-breaded weirdo who burns the American flag. But I am not king.” The only Constitutional way to combat any speech you don’t like is with speech you do like. What Council-member Tu should be doing is adhering to the oath she swore to when she took office, that being to defend the Constitution. That means doing what Oscar Wilde said, “I may not agree with you, but I will defend to the death your right to make an ass of yourself.” Trying to enact any limits on speech and petition, reveals, as James Madison believed, that Council-member Tu is an opponent of limited self government. Moving on to our next council-member who thinks he is a king, Rick Grady. He agrees with Tu, and also suggests Comments be moved to a different part of the meeting. I wonder where he would like to move them to? Perhaps the end of the meeting so, when the council has a meeting that goes late, those that want to speak have to wait until midnight? That is just another way to limit speech. Nice try Mr. Grady, but the people are not going to fall for that old trick. Councilman Grady also stated that Comments need to be relevant to the city. Now, who is supposed to make that determination? What overlord will decided what is relevant to the city? Mayor Muns may think something is relevant, but Councilman Williams or a resident may disagree. For example, Councilman Williams wants to talk about Ukraine at a future meeting. Now at first glance one might think that the problems of Ukraine are not relevant to the city of Plano, and the city can’t do anything to help. However, if we dive deeper we could see that there are residents in Plano that are affected by the war. If Mr. Williams is prevented from bringing it up, we won’t know if there is anything the city can do to help these families. Speaking of Councilman Williams, a self proclaimed First Amendment supporter, he is also for limiting content to anything the Plano city government can actually do. Again, though, who will be the judge? Councilman Williams went on to further say, “Any restrictions beyond that might be a declaration of, game on.” So far that has been the smartest thing anyone on the council has said. Next, Councilman Anthony Riccirdelli, the other lawyer on the council, spoke. He too thought it made logical sense to limit comments to city business. Where in the Constitution he got that from he did not say. In case you were wondering, that is not in the Constitution. Councilwomen Julie Homer and Prince agreed with their fellow council-members for the most part. Mrs. Homer did mention that she is accessible by email, so if the lords and ladies infringe on your rights, you can email them. The only council member to say anything truly profound and constitutional was Rick Smith: “I don’t think we should allow the city and this body to be high-jacked by the juvenile actions of someone. … If we react, change the process that we’ve done for years because of something like this, what’s the next step? … I just think we let it play its course. This is not representative of us as a body or as a city. It’s purely when someone comes and puts an act on, it’s on them. It [is] nothing - it’s not a reflection on our city, on the professionalism of our city, or the good things that we do.” Smith also made the very important point that by reacting they are showing that these antics are affecting the council. “I would say let them come. They want to come waste their time, hey I’m here. I’ll give them the three minutes and I’ll listen to them. ”Bravo Councilman Smith! After hearing Smith’s wise remarks, Councilman Williams stated he wanted to try the idea. Councilman Smith is clearly an elected official who knows his place and who believes in the first amendment. He is also someone who knows that by reacting you only feed the trolls. So, the best course of action is to ignore them. What you don’t do is punish the majority for the acts of a minority. As Jay Cost said in his article titled, James Madison’s Lesson on Free Speech https://www.nationalreview.com/2017/09/james-madison-free-speech-rights-must-be-absolute-nearly/ : “Give us the right to think what we like and say what we please. And if we the people are to govern ourselves, we must have these rights, even if they are misused by a minority. As we confront those who use their right to free speech to abuse the norms of decency and civility, we should calmly recall Jefferson’s admonition from his first inaugural address. ‘If there be any among us who would wish to dissolve this Union or to change its republican form, let them stand undisturbed as monuments of the safety with which error of opinion may be tolerated where reason is left free to combat it’.” This is Plano’s Political Pit bull Signing Off Here are some more quotes on the subject of the First Amendment.
At the July 26, 2021 City Council Preliminary meeting, the cities legislative body discussed changing their Code of Conduct rules; specifically, the campaign finance reform rule that former member Lily Bao and current member Rick Smith crafted and got passed in December of 2020. They also talked about the endorsement policy for council members. .First, lets talk about the endorsement discussion. Council members Grady and Prince think that current members need to stay neutral in council races. Councilwoman Tu first suggested using the word ‘support’ instead of ‘endorsement’ when current Council members want to help people who are running for city office. Tu thinks that endorsements create a “tear that would make a working relationship difficult and it takes years to heal.” My response to all of this is, give me a break. First, politics is a blood sport, and those in it need to have thick skin. If you can’t handle a current council member endorsing and working for your opponent, then you need to find another line of work. Second, Tu, Prince, and Grady need to remember the line in the first amendment of the US Constitution that prevents government from making any law, “abridging the freedom of speech”, a fact that Councilman Ricciardelli mentioned at the meeting. Also, just because you got elected does not mean you gave up your right to engage in political speech. Current council members need to be able to help get the person elected they would prefer to work with. The grown up thing to do, when someone helps in your opponent’s campaign, is after the race is over you wish the winner congratulations and get back to work; you don’t hold a grudge or refuse to work with those who helped your opponent. You are an adult running for city office, not a teen running for High School President. Sadly, a vote to see if the council wanted to move forward with having staff bring back a change passed 6 - 2 with Williams and Ricciardelli in the minority. Now lets talk about the campaign finance reform. In December of 2020, the council passed an ordinance requiring council members to recuse themselves from votes if the applicant gave $1000 or more to a council member’s campaign. An exemption was made and is as follows: “In the event a quorum cannot be obtained because of recusals pursuant to this section, abstention is not required and the impacted members of City Council may vote as long as the nature of the conflict of interest is fully disclosed on the record.” You can read the full ordinance at the following link https://texasscorecard.com/wp-content/uploads/2020/12/Plano-Code_of_Conduct_Ordinance-2020-12-08.pdf Council passed this ordinance because big developers were contributing to the campaigns of those running for city council. It is suspected that these developers were donating large sums of money to make sure their big projects get approval by city council. This is not something that should shock anyone who follows politics. Owners of companies often donate to campaigns for leverage, or just to stop elected officials from creating regulations that would harm the companies. Some companies donate to all the candidates in a race, because that way they are sure to have donated to the winner. While this is not illegal, it is slimy, and leaves most residents at a disadvantage. You see, most residents cannot donate large amounts of money to campaigns. Former Councilwoman Bao and Councilman Smith were looking out for the average resident when they made this ordinance. Now that Councilwoman Bao is gone, the first chance the losers of the December vote got, they brought the ordinance back for “discussion”. More likely it was to get a feel for how the new members will vote on changing it. Council members Tu, Prince, and Grady all don’t like having limits on them. They want the cash to keep flowing in from high paying donors. Both Tu and Grady also did not like the amount of money PACs gave this past election, and also thought more PACs were made to hide developer donor money. Of course they did not bring any evidence to support that statement. If the members are so worried about PAC money in their elections, they could refuse the PAC money and help, both of which none of them did during their elections. Council members Smith, Williams, and Ricciardelli don’t mind improving the ordinance, but would vote against its repeal. Unlike Tu, Grady, and Prince, they really care about a conflict of interest and the appearance of impropriety. Smith also worries that the cost of running for office is too high, and only the rich or well connected will be able to run for office if they repeal this ordinance. Unfortunately, I think that ship has already sailed. New members, Holmer and Mayor Muns, did not comment on whether they want to keep, change, or repeal the ordinance. However, when it came time to vote on a motion to have staff bring back a change to council, they both voted in favor with Tu, Prince, and Grady. Councilmen Smith, Williams, and Ricciardelli voted against the motion. I wish I could say I am surprised by all of this. I knew with the new make up of City Council, the good work that Lily Bao did was at risk of being repealed. Of course like most politicians, the first thing this new group did was work to ease restrictions on lining their coffers. This is Plano’s Political Pit Bull signing off. The following is a press release form Allan Samara, V.P. Communications Plano Citizens Coalition.
4/28/2021 Comprehensive Plan Select Committee Reaches(CPRC) agreement on A New Comprehensive Plan for Plano with a 15-0 vote. The CPRC Comprehensive Plan Review Committee reached agreement tonight on a new plan for Plano’s growth and passed it by a 15-0 vote and sent it on for review by Plano’s Planning and Zoning Commission. The CPRC, a select committee of 16 citizens was appointed by the City Council in August to create a new plan to replace the controversial Plano Tomorrow Plan of 2015 which voided by the City Council following a successful court ruling by a citizen’s referendum petition suit that dragged on for more than 4 years and at one point reached the Texas Supreme Court. The CPRC needed a 12 vote supermajority to adopt the draft document and received a 15-0 vote affirmation, after over 3000 hours invested in planning meetings over the last 15 months. The committee of 16 was appointed by the City Council and began work in January 2020. City Council candidate Justin Adcock who ran on a platform of keeping Plano suburban, hailed the decisive vote as a “potential Win-Win victory for Plano Homeowners and developers, as an essential element of his campaign to win a Council seat. “We’ll have to assess the plan in detail as it comes through the process of approval through public hearings and then to our new council by early fall but we’re all hopeful that the new plan will bring a new sense of cooperation and support for Plano’s suburban character.” Lily Bao, running for Mayor on a platform promise to “Limit Density to Protect the Suburban Character of Plano” remarked that the new plan “Will give us all hope that a new fresh breath of air to continue Plano’s growth and excellence for decades to come.” The Plan goes forward to the Planning and Zoning Commission which may pass it by a simple majority or amend the plan and which will trigger public hearings where the citizens of Plano will have a chance to weigh in on Plano’s future Comprehensive Plan. BY STANLEY KURTZ of National Review
APRIL 7, 2021 With the introduction of his massive, $2.3 trillion “infrastructure” bill, President Biden’s campaign to end suburban single-family zoning has begun. If you think this issue was debated and resolved during the 2020 presidential campaign, you are mistaken. It’s true that Biden’s campaign platform openly and unmistakably pledged to abolish single-family zoning. As soon as President Trump made an issue of that pledge, however, Biden went virtually silent on the issue and the Democrat-supporting press falsely denied that Biden had any designs on single-family zoning at all. Now that he’s president, Biden’s infrastructure bill openly includes programs designed to “eliminate” single-family zoning (which Biden calls “exclusionary zoning”). How, exactly, does Biden plan to end single-family zoning? According to the fact sheet released by the White House, “Biden is calling on Congress to enact an innovative new competitive grant program that awards flexible and attractive funding to jurisdictions that take concrete steps to eliminate [‘exclusionary zoning’].” In other words, Biden wants to use a big pot of federal grant money as bait. If a county or municipality agrees to weaken or eliminate its single-family zoning, it gets the federal bucks. The wildly overreaching Obama-Biden era Affirmatively Furthering Fair Housing (AFFH) regulation — which Biden has pledged to revive — works in a similar fashion. The difference is that by adding another gigantic pot of federal money to the Community Development Block Grants that are the lure of AFFH, Biden makes it that much harder for suburbs to resist applying — and that much more punishing to jurisdictions that forgo a share of the federal taxes they’ve already paid so as to protect their right to self-rule. Are federal carrots enough, however? Prosperous suburbs may forgo the grants in an effort to secure their independence. The success of Biden’s initiative depends in part on exactly how much money gets allocated to grants tied to zoning reform. The details of that ask haven’t yet been released, but the $213 billion allocated to Biden’s total affordable housing initiative leave room for an awfully big pot for the anti-zoning portion. If there aren’t enough carrots, however, how about sticks? During the campaign, Biden backed a draconian plan to withhold federal transportation grants for road repair from suburbs that refuse to kill off single-family zoning. That hasn’t been proposed by Biden, and the reason is fairly obvious. Democrats don’t yet have the votes to pass such a law. The only way they can get around the filibuster is to squeak spending bills through Congress under the rules on “reconciliation.” So, for now, it’s carrots all the way down. If Senate Dems expand their majority and kill the filibuster in 2022, however, out come the sticks and down goes suburban zoning. There’s more danger in store for America’s suburbs in Biden’s current proposal than meets the eye, however. If I were administering Biden’s various federal housing programs, I would sucker well-off suburbs into accepting grants on lenient terms. The trick is that once a jurisdiction accepts a HUD grant, it has to sign a statement promising to “affirmatively further fair housing.” Now that Biden is going to revive the old Obama-Biden AFFH rule, that pledge can be used by activist non-profits or the administration itself to sue localities for failing to meet the outrageously expanded definition of that term set forth in Obama’s AFFH. It was suits like this that dragged Westchester County, New York through years of federal control and torment. Just the threat of such suits intimidated Democratic officials in Dubuque, Iowa into surrendering their city’s self-rule to the Obama administration. Here’s the bottom line: Biden’s campaign to abolish suburban single-family zoning has well and truly begun. As during the Obama era, it will likely escalate in intensity with each passing year. At this point, any jurisdiction in the country that wants to keep control of its zoning and development should decline to apply for federal housing grants. No matter how good the money looks, sign that promise to “affirmatively further fair housing” — as the Biden administration will define it — and you are signing away your birthright. There’s a pattern here. Biden and the Democrats are working overtime to undermine the federalist system in which zoning and education are local concerns. In each case — housing and education — the plan is the same: use federal grants to hook states and localities into conditions that will effectively override their authority. Kill suburban zoning and force leftist action civics and critical race theory on red-state schools. Siphon off taxes and return the money to taxpayers with conditions that effectively gut the foundational layer of our federalist system — the layer closest to the people. If Republicans have the good sense to make an issue of Biden’s attack on single-family zoning, it will split the Democrats down the middle. The media will keep trying to cover for Biden. But once the administration begins enforcing AFFH, the reality of his policies will emerge. College-educated suburban Democrats won’t like that. Republicans are split on this issue as well, however, although the split is more politicians from the base than a split within the base. Under Obama, House Republicans overwhelmingly voted to defund AFFH, but Senate Republicans divided. This time, the GOP ought to get smart and expose Biden’s “infrastructure” bill as the anti-suburban zoning bill it in fact is. That would change the “infrastructure” narrative from a Christmas tree studded with goodies to a hammer to smash your way of life. Naturally, this will all be called code for racial discrimination, but Democrats now lay that charge on pretty much every measure favored by Republicans. Curiously, earlier this week, the New York Times featured a story on opposition to an affordable housing initiative that would rezone New York City’s SoHo neighborhood. Residents worry that the rezoning proposal will bring more massive high-rises, tourists, and traffic into a neighborhood famous for low-rise, nineteenth-century architecture and narrow cobblestone streets. Many say the rezoning proposal is more about pleasing developers than affordable housing. It’s unlikely that many, or any, of these residents voted for Donald Trump in 2020. And the Times story prominently features an opponent of the rezoning initiative who is black. Nor is that an outlier case. Last summer, when California floated a measure to kill single-family zoning, there was powerful opposition from residents who objected to a law that would make their neighborhoods denser, noisier, and more filled with traffic. Predominantly minority residents in South Los Angeles saw the bill as an “affront to how hard Black Americans fought to join single-family neighborhoods, battling redlining, racist covenants and even targeted violence. And they worried that suddenly relaxing zoning rules would not only ruin the low density they enjoyed, but also unleash an investment flood that would accelerate displacement of the Black community as developers scooped up old homes and built new ones unaffordable to most in the community.” The zoning issue is tough and complex. It balances principled libertarian objections to zoning and the interests of developers, on the one hand, against core principles of federalism and local control, on the other. Massive spending and taxation are fundamental to the federal effort to override local zoning laws. Neighborhood preservation vies with “creative destruction.” There are plenty of complex, conflicting, and legitimate considerations in the balance. But reducing the zoning issue to bogus charges of “racism” is the way Democrats play the game nowadays. If Republicans find the courage to stand up to the usual nonsense and oppose this big-government attempt to kill off the federalist system itself, they will find not only the vast majority of Republicans, but a great many independents and Democrats in their corner. STANLEY KURTZ is a senior fellow at the Ethics and Public Policy Center. We just got the following from Councilwoman Lily Bao’s Communications Director.
(Plano’s Political Pit Bull’s analysis is at the bottom.) “Plano City Council to take up the issue of the conversion of taxable multifamily properties into tax-free lifetime entities through the legal loophole of adopting a tax-free agency as a fractional development partner. Councilwoman Lily Bao places the issue on the council agenda for their March 16th meeting to support House Bill 1604 tightening the loophole, which threatens the tax base of City and School district funding for Plano, Collin County and statewide taxing entities. Councilwoman Lily Bao attended a meeting of the non-profit Plano Housing Authority on Friday September 4th on an afternoon at the start of Labor Day weekend, at it she learned that Plano Housing Authority planned to participate in a new state housing initiative that would allow an apartment developer to convert his project to a totally property tax-free asset by drawing in the local affordable housing authority with a microscopic ownership share and allow it to be free of City, County, School District and College District taxes for its entire useful life. It’s an apparent loophole that “affordable” housing advocates are utilizing to enhance developer’s property values by millions, for for-Profit-majority owners, while escaping property taxes wholly for the entire lifetime of the property. A giveaway that is built into State law Sec. 303.042(f) penalizing school districts and especially high-value property communities like Plano and PISD. To aggravate matters thoroughly, in high-land value suburbs, the apartments don’t even provide the advantage of affordability. As an example, in Plano the eligibility for assisted housing would be placed at 80% of the average family income or approximately ($83,000 x.80) $66,400 and the apartment rent would have to fit into 30% of gross income. At a peak this would mean (66,400 x .30= $19,920 annually) or a limit of $1660. per month rent. Hardly “affordable” but very lucrative for the for-profit out-of-town development partners trafficking in this questionable conversion, and leaving millions in added value to be distributed in the form of service fees and maintenance set asides, all because no property taxes are owed. [Councilwoman] Lily Bao views this loophole as a fraud on the taxpayers, the schools, the county and as a councilwoman a fraud on the city treasury. As a person whose name Bao means “protect”, she was rightfully offended, but offended for the people of Plano. To bring matters home, an aging apartment complex at 7301 Alma Rd. called “The Alexan” had its sale fall through prior to closing to one developer, only to re-emerge with a new name as a quick sale to another known for affordable housing conversions and it joins three other projects being similarly converted to delete these properties as contributors to the city services and schools they will utilize.” · Link to House Bill 1604….....https://legiscan.com/TX/text/HB1604/id/2275850 · The following are projects as of December 3rd for Plano Public Facility Corporation resolutions: 1.Enclave at Legacy 2.Fountains at Steeplechase 3.Fairfield Legacy 4.Alexan at Plano Central(renamed JAIDA) https://documentcloud.adobe.com/link/review?uri=urn%3Aaaid%3Ascds%3AUS%3Ad16057a9-c8e8-4425-9fd6-8401bc696e68#pageNum=1 · The Following is a study by the University of Texas School of Law “Public Facilities Corporation and the Sec.303.042(f)Tax break for apartment developments, a boon for affordable housing or windfall for apartment developers?” 2020-ECDC-PFC-Report.pdf (utexas.edu) From the Executive summary of the study….”To receive the exemption, a private apartment developer transfers land to a public facility corporation (PFC) set up by a local government entity---such as a public housing authority, county, or city ---which then leases the land and any buildings on the land(including those built in the future) back to a limited partnership controlled by the developer. The local government entity gets paid to participate in the venture. Other local government—such as school districts—have no say over these tax breaks to for-profit apartment developers even though the tax breaks directly impact these other entities property tax base and bottom line.” Also from the study:
PPPB’s analysis: Just in case you are confused by what you have read, please allow your lovable Pit Bull to simplify things for you. The owner of an apartment, condo, or townhouse development can sell less then 1% of their property to Plano Housing Authority. After the sale is final, that entire property becomes property tax exempt forever. In other words their property tax bill is now zero, nothing, zilch. However, the people living in these places will still require city resources, which they will not have to pay for. If children live in these developments, those children will get to go to school for free. Now, who do you think gets the wonderful task of paying for all of this free stuff? The property tax paying homeowners, that is who. Who is the big winner in this scheme? Big wealthy developers of course. They make out like bandits while taxpayers get screwed. The Housing Authority also does well in this gimmick. This is why economic fascism (public-private partnership) is evil. The wealthy and “public entity” succeeds, while the common person suffers the exuberant tax burden. PPPB does not think this is what the TX Legislature originally intended when it passed this amendment in 2015. However, every new law always has unintended consequences, and those consequences always cause suffering. House Bill 1604 attempts to fix the tax free windfall. Please read it and let your state representative know how you feel about the bill. Also, let the Plano City Council know if you want them to support HB1604 by Tuesday, March 16, 2021. If you would like to speak at the March 16th meeting go to https://plano.zoom.us/webinar/register/WN_KQGiTb4JRgmLm6oZ82vEUw Thank you Councilwoman Bao for bringing this issue to our attention. This is Plano’s Political Pit Bull Signing Off The election to select Council Members for Places 2, 4, 6 (Mayor), 7 and 8 will be conducted on May 1, 2021. Early voting starts April 19-17. All places are elected at large. Candidates for Places 2 and 4 must live in the districts they are running for. Place 7 is a special election, because Council member Bao is stepping down to run for Mayor. The following is a list of all the candidates running in each race. The names are in alphabetical order. City council races are nonpartisan. If the candidate has a primary voting record, we wrote it down under their name. We strongly recommend everyone to do their homework on all the candidates. Question everything they say, and don’t take anything they tell you at face value. Remember these are politicians, so you must read between the lines. If they have a voting record on a board or council, look it up. PPPB does not and is not endorsing any candidate. City Council, Place 2 Steve Lavine www.Steve4Plano.com [email protected] 214-466-1199 ( Sits on the Library Advisory Board. Has voted in the Democrat Primaries.) Anthony Ricciardelli www.AnthonyforPlano.com [email protected] (Is the current Place 2 Councilman. Was on the Heritage Commission before being elected to council. Has voted in the GOP Primaries) City Council, Place 4 Justin Adcock www.JustinforPlano.com [email protected] 972-836-7656 (Voted in the GOP Primaries.) Nassat Parveen [email protected] (Has voted in Democrat primaries.) Kayci Prince www.PrinceforPlano.com [email protected] (Is the current Place 4 Councilwoman. Was on the Planning and Zoning Board before being elected to council. Has voted in the GOP Primaries.) Vidal Quintanilla www.VidalforPlano.com [email protected] (Has not voted in any primary, because he registered to vote in Aug 2020.) City Council, Place 6—Mayor Lily Bao www.lilyforplano.com [email protected] 214-517-7071 (Current Councilwoman for place 7. Was on the Housing Board before being elected to council. Has voted in the GOP primaries.) John Muns www.johnmuns.com [email protected] 972-403-7676 (Was on the Planning and Zoning Board. Has voted in the GOP primaries.) Lydia Ortega www.lydiaortega4plano.com [email protected] 214-414-2010 (Has voted in the GOP primaries.) City Council, Place 7 Julie Holmer [email protected] 469-634-2771 (Has voted in Democrat primaries.) Bill Lisle III [email protected] 214-475-4203 (Has voted in the GOP primaries.) Chris Robertson [email protected] 757-560-3453 (Has voted in the GOP primaries.) Sandeep Srivastava [email protected] 972-655-4382 (Has voted in the GOP primaries.) David M. Smith www.davidforallplano.com [email protected] 972-516-3849 (Former city council member from 1993 through 1999. Votes in the Democrat primaries.) City Council, Place 8 Elisa Klein www.elisaforplano.com [email protected] 469-585-6444 (Voted in the Democrat primary.) Rick Smith www.rickforplano.org [email protected] 214-707-4575 (Current Councilman for Place 8. Has voted in the GOP primaries.)
On February 1, 2021, the Plano Planning and Zoning Board passed zoning case 2020-033 to rezone 5.3 acres located on the corner of Park Boulevard and K Avenue from Corridor Commercial to Planned Development-Corridor Commercial. Even though the new zoning says commercial, the only thing that is planned for this site is a five story low income apartment building with 1-3 bedroom units. A five story residential building that will sit right next to train tracks for the Parker Rail Station 100 feet away, diagonally across from a gun range, and next to a Rent A Tire and a pawn shop. The question this commentator has is, is this spot a good place for adults and children to live? To answer this question I need to talk about this lot and the surrounding properties. This piece of land has been used as a typical commercial site since 1973. In 1998, one building of two on the property was demolished. In 2002, the City of Plano decided to buy the property for $1.7 million for redevelopment to reinforce transit use. In 2003, the second structure on the property was torn down, so now the lot is empty. Seventeen years later, in 2020, the Plano Housing Authority approached the City Council to buy the property for $900,000, to be paid in $45,000 installments. If you do the math, that would have been a loss of $800,000. Thankfully, at a June 2020, City Council meeting, the PHA offer was rejected by a vote of 4-3. Council members Bao, Williams, Ricciardelli, and Smith were the majority in that vote. Next, the City Council decided to see how much they could get for the lot on the open market. In the following months, they got four offers. The Plano Housing Authority then made a bid for $2 million with a $20,000 deposit. The full $2 million will also not be paid off for at least 26 months. Why, you may wonder? You see, the PHA has to file for a grant to actually get the money. Of course, that means they may not be approved for the grant, and won’t be able to buy the land. A request to accept the Housing Authority’s offer was placed on the consent agenda for the October 26, 2020, City Council meeting. Thankfully, Councilman Williams pulled the request from the consent agenda. During the council’s discussion, Councilman Grady said that the City should take the offer, since it was the highest bid. Councilman Smith said, “The problem is we don’t have an able buyer.” Having a buyer who will not have the money for over a year, and may not ever get the money, is a valid concern. Councilwoman Bao agreed with Councilman Smith, and she did not think housing was the best use for the property. Councilwomen Prince and Tu, as well as the Mayor, did not have any concerns about the deal. Councilman Williams agreed with Smith and Bao. Lastly, Councilman Ricciardelli said that he was fine with the sale of the property to PHA, since they were not voting on what the property would be used for. In the end, the request to sell the property to PHA passed 5-3. Council members Bao, Williams, and Smith were the 3 who voted against. Fast forward four months to the February 1, 2021, P&Z meeting, the PHA requested to rezone the property to build a five story low income apartment building. 80% of the units would be for low income individuals or families, and 20% would be rented at a fair market value. Board members Samara, Barbara, and Cary were the only ones to have concerns about the area the apartment building would be built, while members Downs, Stone, Horne, Walters, and Gibbons seemed fine with the idea of families living right in front of train tracks. These tracks have trains coming and going from 4:28 A.M. - 1:49 A.M. in 20 minute intervals, and 100 feet from the future apartment building site is the Parker Station where these trains will stop. People will be getting on and off those trains all day and into the wee hours of the morning. The closest train tracks to my home are 1.5 miles away, yet I can hear a moving train from my bedroom every once in a while. Image what a train would sound like right next to your bedroom window every 20 minutes. I can only guess that Downs, Stone, Horne, Walters, and Gibbons have never lived by train tracks, so they did not realize how crazy it is to put an apartment building right in front of them. The other problem with putting housing on this lot, is it would be the only residential building on K Ave from Park Blvd to Parker Rd. The apartment building will also be the only five story building on the block, so aesthetically it will look out of place. Now lets talk about what kind of businesses are on this block. Going north from the corner of Park and K Ave, the first thing we see is a Rent A Tire. The PHA will try to get a 99 year lease for this property, so they can take it down and put green space; however, if the owner does not agree to the deal, the Rent A Tire will stay. Directly across the street is a Shell gas station and Chiropractic office. Next to the property in question is a Pawn Shop. Across the street, and next to the Chiropractor, is a run down strip mall with various retail stores. Next to, and slightly behind the Pawn Shop, is a bowling ally, the only business on this street appropriate to have next to homes with children. Across from the bowling ally, and diagonally across from the future apartment building, is a Gun Care Shop and The Bullet Trap Gun Shop and Range. I have shopped and gone shooting at this range, and it is a nice place; however, homes should not be built within walking distance from the Bullet Trap, or any gun range for that matter. Now, I know most Texans love the second amendment and going to the shooting range, but that does not mean they want to live across from one. Continuing north, we have a Tint Windows Shop, an auto sound store, Window Treatment Center, a gym, Auto Electric Services, and a 1st Choice Auto repair shop. Across the street from those business, is an AAMCO. Next to that is a Cash Loans on Car Title place and Public Storage. Across from them are Texaco, U-Haul, and a Convenience Store. Next to those businesses is a large strip mall with retail stores and food pantry. Walk across K Ave, and we have a car wash, convenience store, and fast food restaurant. That is the future neighborhood for the families that will live in this new apartment building. Clearly, this is not a block that was designed for residential housing. This lot and area is obviously not suitable for a residential building. The building will look out of place and the area is unsuitable for adults and/or children to live in. So, to answer my original question, is this spot a place for adults and children to live? The answer is, heck no! Now, some of you are most likely asking, where is PHA supposed to put low income housing? To answer that question, lets look at where Plano currently has low income housing. I did a simple internet search and found a list of 13 low income apartment complexes and one house in Plano with availability. All of them on the list are in nice residential neighborhoods. None of them are right next to train tracks or a gun range. In fact, when I did a Google Maps search of all apartments in Plano, all of the complexes that came up are in or near residential neighborhoods. I could not find any apartments in an area like the K Ave block which the PHA wants to build their apartment building on. That is most likely because people don’t want to live in a commercial area next to train tracks, and near a gun range. If PHA needs to build low income homes, I suggest building small houses next to Plano Center on Jupiter Road and Spring Creek. I suggest this area, because the city owns this land. The city also agreed to lease a part of this area to Radisson Hotels for free in 2018. You can read about this sweet heart deal in the article Corporate Welfare at its Finest at the following link. https://planospoliticalpitbull.weebly.com/posts-about-council/july-20th-2018 If the City truly feels low income housing is so circuital, they should be more then happy to give a portion of empty land near the Plano Center to PHA for the same deal as Radisson. Then the PHA can use the $2 million to build nice homes for poor families. Some other reasons I recommend this spot is the neighborhood is nice and the Oat Point Nature Preserve is there. Also, current area residents probably won’t mind having single family homes there. Another plus is the area has two bus stops for people who need public transportation; one on the corner of Spring Creek and Des Moines Drive, and the other on Jupiter by Collin College. Clearly, this location is a much better place for people to live than K Ave and East Park Blvd. The only thing that is suitable for the K Ave property is a parking lot for the train station and businesses nearby. A parking lot would also fit the reason the city bought the land in the first place; to reinforce transit use. The City Council is scheduled to vote on this zoning request on February 22, 2021. Please contact the City Council members and tell them K Ave and Park Blvd is not a suitable place for people with children, or without, to live. Tell them to vote ‘no’ on zoning case 2020-033. This is Plano’s Political Pit bull signing off.
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