Council hears proposed zoning changes to restrict short‑term rentals in single‑family neighborhoods

City Attorney Jimmy O'Brien presented a proposed amendment to the Garland Development Code that would restrict where short‑term rentals (STRs) may operate in the city and sought council direction to send the proposal to the Planning Commission.

O'Brien framed the proposal against recent litigation and appellate decisions and said the 5th Circuit’s New Braunfels decision supports a zoning approach that distinguishes short‑term rentals from long‑term leases. “Based on that 5th Circuit ruling, I’m fulfilling my promise to you guys to come back,” he said, outlining a draft amendment that would permit STRs by right in light and heavy commercial districts, allow multi‑family only with a special use permit and prohibit STRs in single‑family residential districts.

Why it matters: O'Brien told council the proposed GDC amendment is intended to be defensible in court by focusing on where STRs should be located rather than a citywide ban. He also proposed a limited continuation for currently permitted operators that would not create a transferable vested right for future owners.

Council discussion focused on enforcement, multifamily treatment, and practical impacts. Deputy Mayor Pro Tem Dutton urged strict limits in neighborhoods: “Our residential areas are not open for business. They’re open for residents to live life,” she said. Several council members recommended removing multi‑family as an allowable district; the presiding officer recorded consensus to prohibit STRs in multifamily zoning (8–1) and asked staff to forward the GDC amendment to the Planning Commission for review and public hearings, with an anticipated council adoption timeline of about 5–6 weeks.

Staff warned enforcement can be resource‑intensive: O'Brien said proving violations can require significant staff, police and code time and that the city is preparing a case currently in municipal court. He estimated Garland has roughly 200–250 STR listings and said only a small subset create concentrated problems but those can be disruptive to adjacent neighborhoods.

Next steps: The GDC amendment will go to the Planning Commission for public notice and recommendation; staff signaled a return to council in approximately 6–8 weeks for possible adoption. Council also requested staff consider the duration of permitted continuation after expiration and options for limiting transfers or investor‑driven conversions.