Planning and Zoning Commission recommends denial of West Caroline Drive petition, urges moratorium on new short-term rental permits in residential zones

The City of South Padre Island Planning and Zoning Commission on June 19 considered a petition from residents of West Caroline Drive asking the city to convert properties on their block from short-term to long-term rental use.

The petition covers West Caroline Drive from Laguna Boulevard to Laguna Madre Bay. Alex Sanchez, Palouiras, director, told the commission the change would require a zoning change: “we think the only way to do that is a rezoning.” Legal counsel, Ed, said a one-street change would likely amount to spot zoning and raised questions about property rights and recent court rulings on municipal authority over short-term rentals. “You'd have to change every — it wouldn't you just couldn't change that 1 street,” Ed said, adding that homeowners who already rent would likely be grandfathered and that courts have split on whether cities may fully prohibit short-term rentals.

Residents described recurring nuisance problems at a specific rental on the block. Sam Cannon, a resident, said the conflicts go beyond personal preference: “use of property is what makes us Texans,” he said, but added that a property’s use can “affect badly and poorly the area around it.” Cannon and other neighbors presented a signed petition and summarized repeated noise and parking complaints dating back to July 2024.

Staff and legal speakers described recent enforcement changes. The commission heard that the city adopted a new short-term rental ordinance May 28 and set a “reset” for enforcement actions to July 1 after staff found some prior citation procedures had not met new ordinance notice requirements. Under the current ordinance explained during the meeting, a property becomes subject to license revocation if it accumulates three citations or four written warnings within a 12-month period; revocation would result in a one-year period without a license and provides an appeal hearing. Staff told the commission there has been at least one written warning and possibly one citation for the address in question since the enforcement reset.

Commission debate focused on fairness, enforceability and legal risk. Several commissioners and one councilman who spoke at the meeting noted that a single-street rezoning could trigger litigation and that any prohibition would likely leave current operators “grandfathered.” Commissioner Ken Meadows, speaking from experience visiting the property, called it a “party house” and said the pattern of short-term rentals has harmed neighborhood character. Commissioners discussed alternatives, including stricter enforcement, occupancy and parking limits, and a moratorium on issuing new short-term rental permits in residential zones.

The commission voted on a motion to recommend that City Council deny the petition to change use on West Caroline Drive. The motion also asked that, in lieu of the petition, the commission recommend City Council stop issuing new short-term rental permits in residential zones A, E and B2 and that permits not transfer upon sale. The chair announced the motion carried. The meeting record shows the motion passed and was entered into the minutes; the roll-call vote was read aloud in the chamber (see provenance).