Bypassing the recommendation from its Planning & Zoning Commission, Wimberley city leaders approved a contentious revision of its short term rental (STRs) ordinance.
By a 4-0 vote, Wimberley’s City Council April 18 approved a recommendation made by Wimberley’s STR committee, which was a body of local residents and STR owners that sought to bring out of compliance STRs into compliance. Council member Allison Davis was absent from the meeting.
One of the most controversial aspects of STR committee’s proposed ordinance, which was approved April 18, included an annual renewal for the conditional use permit required to operate an STR.
However, Wimberley Planning and Zoning Commissioners April 18 voted 6-1 to recommend the ordinance minus the CUP renewal process. Commissioner Craig Reitz was the dissenting vote.
“This committee has been working on this for eight months…and I’ve seen before this all started that they all had different ideas and all at odds with each other,” said Council member Craig Fore. “But today, they are all in a unanimous decision to approve this and that to me says volumes about this.”
Minnick stated that commissioners overwhelmingly opposed the annual renewal process.
Minnick said the annual renewal of the CUP could prove problematic for the city as no other permit has a similar requirement.
“What we’re trying to do is permit STRs through the ordinance,” Minnick said. “And I have concerns that the city will have legal exposure if we get sued on it.”
Fore said potential legal exposure has been vetted by the city attorney, and he was not worried about that.
“I find it very odd that we have two groups in this community that volunteer a tremendous amount of time that are joined at the hip but have come out, as I understand it, with completely diametrically opposed opinions on this issue of annual renewal…,” said Council member Erik Wollam.
STR Committee member Phil Collins said the committee hadn’t heard a single point of resistance to the annual renewal until the last P&Z meeting.
Collins said the ordinance’s annual renewal calls for STR operators to fill a form checking a number of boxes stating compliance.
“If I have to inspect my car, if I have to get a registration, if I have to get a license and if I have to get insurance, that’s done for a reason,” said Mayor Pro Tem Gary Barfeld. “This seems to me to put everybody on a level playing field and say equally, this is what you’re all paying…”
Fees associated with the renewal process as per the new rules will be discussed in the near future.