Good evening.

I will now call the November 6, 2025 meeting of the Planning and Zoning Commission to order.

Commissioner Brodsky, may we please have a roll call?

Commissioner Ortiz.

Here.

Commissioner Stanton.

Mayor.

Commissioner Stockton is absent.

Commissioner Walters.

Here.

Commissioner Wilson?

Here.

I am here.

Commissioner Darr.

Here.

Commissioner Goway Jones.

Here.

Commissioner Gray is absent.

We have a quorum of seven.

Thank you.

Are there any changes to our agenda this evening?

No, ma'am, there are not.

Thank you.

Are there any um motions to approve the agenda?

I'll move to approve the agenda.

Second.

Moved by Commissioner Stanton, seconded by Commissioner Ortiz thumbs-up approval of the agenda.

Unanimous.

Thank you.

We all received a copy of the October 23rd, 2025 regular meeting minutes.

Are there any changes or adjustments to the minutes?

Seeing none.

Is there a motion to approve?

I moved to approve the agenda.

Second.

Minutes.

I'm sorry.

Minutes.

Thank you, yes.

A second as amended.

Thank you.

Moved by Commissioner Stanton.

Seconded by Commissioner Ortiz.

Thumbs up approval of the minutes.

Unanimous with Commissioner Wilson abstaining because of her absence at our last meeting.

Wonderful.

First case for the evening, case number 331-2025.

A request by Kevin Frank agent on behalf of Tiger Game Day Escape LLC owner to allow 1906 Grant Lane to be used as a 210-night maximum seven guest short-term rental, STR, pursuant to Section 29-3.3 V V and Section 29-6.4M2 of the Unified Development Code.

The three-bedroom three-bath home has a two-car attached garage and driveway with sufficient capacity to support for UDC compliant on-site off-street parking spaces.

The point four five acre subject site is located on the east side of Grant Lane, approximately 165 feet south of Chapel Hill Road.

May we please have a staff report?

Yes, you may, Madam Chair.

Thank you for that introduction.

Followed by uh 24 public hearing letters to tenants and property owners on which is 24 of those on October 20th, and an ad rant in the Tribune on October 21st.

Here is a overview or over aerial photography of the subject site highlighted in red there.

This is south of the intersection of Chapel Hill Drive and Grant Lane.

Here is a street view of the subject property with the highlighted driveway with the two UDC compliant parking spaces highlighted there.

Um this property is zoned R1 and is not the primary residence of the applicant.

Uh as mentioned, it was a three-bedroom, three-bathroom home, which per the IPMC would be seven.

One of the bedrooms is a little bit larger than the other two, which is how they get the uh one extra guest in there.

Has not been previously offered as a short-term rental.

We identified that two of the nine parcels within 185 feet of the note of the parcel itself are probably used as rental purposes.

We did not identify any SDRs within 300 feet.

However, we did identify one 575 feet away south or um it's at 2107 in Grant Lane, uh, which I do believe is south of this property.

Um and then we were not able to find any code violations on file associated with the ownership by Tiger Game Day Escape LLC on this property.

Uh the designated agent does live in Boone County, 19 miles or 30 minutes away from the subject site.

We received five letters of opposition by uh staff.

We had cited concerns of traffic, noise, safety, and preservation of neighborhood character associated with this request.

Um the property currently has a driveway with two UDC compliant parking spaces.

It's a little bit narrow and a little bit short to get all four cars in there per the UDC.

Uh we talked to the applicant and they are perfectly copacetic with allowing uh the two-car garage to be allowed when the STR is in use.

So in conclusion, the conditional use permit analysis by staff supports uh approval for compliance.

The STR regulations provide means of oversight and means to address any negative impacts.

I'd like to remind everybody that the uh way the UDC is written, a two violations that are confirmed by the officer of neighborhood services means that they may lose their certificate of compliance if those are verified.

Um and uh approval supports broad policy strategies and actions of the comprehensive plan.

So with that, staff recommends approval of the requested short-term rental uh conditional use permit, subject to the following uh criteria that there is a mock maximum occupancy of seven transient guests at any one time, a maximum use of 210 nights per year, and that the attached two-car garage be made available when the dwelling unit is used for SDR purposes.

And with that, I'd be happy to answer any questions the commission has.

Thank you.

Before we go to questions for staff, if any of my fellow commissioners have had contact with parties to this case outside of the public hearing, please disclose so now.

Seeing none.

Are there any questions for staff on this case?

Commissioner Brodsky.

You mentioned the other STR uh down the street.

You said is 500 feet away.

575, I believe, yeah.

It is a registered STR or non-registered.

I don't believe I'd have to double check.

Um let me check the staff report real quick here, just to clarify for you.

Um it's a licensed SCR, correct?

I'm sorry.

It is licensed, yes.

Thank you.

Any other questions for staff?

Seeing none, we will open the floor to public comment.

When you come forward, we don't have a list, so come as you want.

Uh list your name and address for the record.

Please speak directly into the microphone as we do have people who watch online and uh are transcribing this.

We allow six minutes for the applicant and for uh representatives of groups and three minutes for individuals.

Whenever you're ready.

Thank you.

I am the applicant, Kevin Frank.

My wife Hilda is right there.

Um we are here, of course, to answer any questions that you might have.

We did provide uh information prior, and also um in case you have additional questions at a different time other than this this meeting.

For the for the transcript, the applicant is handing out books to the members of the commission.

Um thank you.

Oh, you can have your receipt.

Thank you.

Um but really we're here to answer questions and also.

Um we are out of the year.

You're gonna have to get to the microphone before you tell us about yourself.

And Mr.

Frank, before you get back to your uh back to your uh comments, can we get your address for the uh for the record?

Thank you.

My home address is 23 Chesterton Lane in Chesterfield, Missouri.

And obviously 1906 Grant Lane as well.

Um so we're out of St.

Louis and our daughter Lily is now a freshman at Mizzou.

And um my wife and I have been uh real estate investors now for a few years and we have short-term rentals all over the country.

This would be our sixth one.

Um and once Lily made the decision to come here, we knew we would probably end up buying a property here for use to stay in for ourselves and visit, which we have done every week since we bought the house in September, but also then to rent it out to families, alumni to go to you know, Mizzou events, visit family, et cetera.

So before we bought uh property, we spent a lot of time with Patrick Zenner and really wanted to better understand the dynamic with you, the city who we're working with on this to make sure we followed all procedures and policies and and any guidance that uh could be provided to us for this process.

You guys did a great job with.

I really appreciate that.

You're a very professional and quick to answer questions for us.

Um but to get into really just quickly uh the house itself and the rental um process.

We have luxury properties around the country.

We put these properties together with the utmost of care.

I could for instance with this property on Grant Lane, we've already spent $35,000 fixing the exterior of the house, the siding was deteriorating, um, very visible from the street, the landscaping was out of control, dead trees.

We've already replaced and corrected all of those issues.

Um we also avoid parties by not allowing one-night rentals.

We have party sign, no party signs.

We um also operate with uh respect for neighbors, so you'll see that in all of our listings online.

Um we also have signs, uh both digital and physical signs throughout the house to respect neighbors to follow noise control or noise uh policies for the city.

Um and we really want to avoid any issues with our neighbors, of course, because we're there too.

And so um we did reach out to all of our neighbors as well with uh uh two two separate letters, one introducing ourselves, the other um letting them know that we'd love to meet them if they want to come by and look at the house and talk to us and and get questions answered.

So we did that as well.

Uh it was a meet and greet that we actually had today, and we had a few neighbors come by and they saw the property and we answered questions and um everything was great there.

Um so we just tried to be transparent with the neighbors and give them a better feel for what we're really doing.

Um in terms of accepting reservations, we don't accept reservations without a high level of confidence that that person has great reviews on the platform they're on as a guest, um, and that we we don't allow one night rentals, two plus, sometimes three plus.

Um and we've never we have 250 reviews.

Uh 247 of them are five-star.

We have three four-star reviews.

That's with all of our properties.

We've never had a complaint in any city we've been involved in.

Um I think it's mostly because of the the type of guests that we attract based on how we how we handle the property.

So I'm gonna stop.

That's a lot, I know.

So please, if you have any questions, I'm I'm here to to answer them for you.

Are there any questions for this speaker?

Commissioner Stanton.

Good evening.

Hey Doug.

Good evening, I'm well, how are you?

Very good presentation, but why do I have a number of opposition to your I only saw two that the city provided me, so why why there would be five, I don't know.

I only received two.

One was our direct neighbor, uh, and then the other one was someone across the street.

When I read them, I think the main reason is I don't think your average everyday person really understands what a short-term rental is and how they work.

If they did, they probably would have less concerns.

But they also don't know how we work and what we do, because there are people out there that will buy a property and they'll rent it out for parties every single night.

You know, and that does happen.

But that doesn't happen with our properties.

You can look publicly and see how we how we present our properties to the public as well as what they say about them when they go to those properties.

And you'll see that it's just part of it is in how you handle the property.

And part of it, part of it is also what you say in your listings.

No parties.

Uh respect the neighbors.

People read that, and if they're gonna come in and do something stupid, they're not gonna rent from you.

So you have been No one's gonna come up here and say that you haven't talked to them, you haven't engaged the neighbors, you're oh we've tried to engage the neighbors, absolutely.

Yeah.

We we sent two letters out, and then there were two, there were only two letters that I received that you received in opposition.

One of them had a name and a phone number, so I called the number, left her a voicemail.

She did not uh call me back.

She was also invited to our um meet and greet today, which was a hundred feet away from her house.

Um some of her neighbors came and thought she'd be there.

Uh she wasn't.

I don't I I can't really explain why she has opposition other than the letter she sent, which is I guess I'm getting to the point.

What the way because this is a new thing for us as far as regulation in Columbia.

So it's very important that you're a good neighbor.

Absolutely.

So have you touched your neighbors, at least the ones you know, how engaged are you?

Are you just going through a process you go through with all your nationwide properties, you send postcards, you send letters, how are you doing?

We're gonna do this.

Hey, come to the or have you actually knock, knock, knock, and knock on the doors.

We sent two letters.

Okay and then for um any opposition when we called, which we could only call one because the other one didn't have a phone number listed, so we didn't we didn't want to try to look her up and freak her out, I guess, you know, by contacting her.

I got one question to ask everybody.

When the stuff is to fan, and I need immediate response to a problem.

Who is it and how fast they get into your property due to the fact that you don't live here?

Well, we have Dylan Smith who's about 25 minutes away.

Um we haven't hired a cleaning company yet, but many times in our markets we have a cleaning contact that's local as well.

But since we're not renting right now, we we were gonna get through this process first.

We've not hired that person yet, the cleaning company.

Um I also have my cousin here who played football at Missoul.

He's a big big boy, and he lives in Columbia as well.

And so if I ever had like a disaster for quote unquote, I could always send him.

But if there was a true disaster, we would call the police.

I mean that that's who we would rely on.

Um we've never had a disaster.

We've had items that have been broken in our properties before.

We've never had neighbors complain.

We've never had any sort of incident where police had to be called or anything like that.

So I can't say we have a lot of practice at that.

But we're prepared.

I mean, we my wife and I have both run businesses for a long time.

We've we've had the stuff hit the fan in other ways, and you just handle it, you know.

Thank you.

Commissioner Walters.

I had a question.

Do you have uh particularly since you're out of town, do you have video cameras focused on the front of the house towards uh towards the street so you can monitor uh parking and tri-action that sort of thing?

We have a ring camera at the front door and we have a camera inside of our garage that's part of the garage door opener.

So if the door gets open and someone pulls in, we can see the driveway and we can also see the front from the ring camera.

And a follow-up, um, you said your daughter Lily, so does she still l use this property from time to time or is she done?

No, she's a freshman.

She wants to live in the sorority house, so hopefully that happens.

She's on a seven-year program, and our youngest who's a uh senior right now at Parkway West, she wants to go to Mazoo as well.

So we're probably going to have two two kids here, and that's that's really why we're doing this.

I mean, that's why we picked this market.

Okay.

All right, thank you.

Thank you.

Any other Commissioner Ortiz?

No.

Do you plan on opening any other short-term rentals here in Columbia?

We'll see, I don't know.

The limits one.

Oh, okay.

That was a trick question.

Okay.

Well, you got me on that one, Kenzie.

Any other questions?

Commissioner Wilson.

Um, thank you for coming.

Thanks for having us.

I am going to ask this question, but I think I am realizing the answer as I process.

Um I was going to ask why did you wait until today to have a kind of open house kind of situation?

But I'm guessing it's because you were going to be here also, and this was just a convenient time.

Um, just on the record, I actually don't see the um opposition as negative.

I actually see it as positive, and I see it as the process working because people were able to all send communication, say, you know what they what they're thinking, how they're feeling.

To me, that's an indication that the process is working.

Um I just want to get that out.

And I thank everybody for their commentary and uh sending us information so we can see what's going on in the neighborhood.

Understand.

Thank you.

Any other questions, Commissioner Brotsky?

Um I just wanted to follow up on Commissioner Stanton's questions about uh your designated agent.

Um, Dylan Smith is uh is he contracted with you?

He is.

He is okay.

Yeah, he's doing work now, managing some contractors.

He's a contractor himself, but he'll also be doing our every two-week inspection of the home, which we do on all of our properties, so he'll go in every two weeks, inspect everything inside the home and out.

Um so he'll always be in and out.

I mean, all of his work is in Columbia.

So he's here 90 percent of the time unless he's in bed.

You know, that's basically it.

So thank you.

Yeah, you're welcome.

Anyone else?

Seeing none.

Thank you for being here.

Next person.

Oh, yeah, you can you can stay, you can go, whatever.

Next uh next person to speak on this case, please come forward.

Anyone?

Okay.

I was gonna say if I don't see movement, I will close the hearing.

So again, just as a reminder, your name and address for the records.

Good evening.

I am Tammy Jones.

I've lived on Grant Lane for almost 30 years.

It will be 30 years next summer.

Um I live in the I'm sorry, we actually need your address.

I'm 1900 Grant Lane.

Thank you.

I am adjacent to the property that's under consideration today.

And I think that I may be the person that he was referring to that he called and left a message, and I did not call him back.

Um other than what was re sent out in the mail, the message that he left was the first, I guess, personal contact that I had received, and that was received today.

Um I also want to add while I have been giving myself a crash course in Columbia's zoning regulations and the regulations under STRs.

I am not uninformed about short-term rentals.

I am very informed of them.

I have used them.

I am matter of fact, I just returned from a trip, which is one of the reasons I had to give myself a crash course and what was going on.

Um as a matter of fact, I can cite to you that there is a study out of Pepperdine University as well as other reputable sources that will tell you that uh you cannot guarantee or gauge anything by the reviews that are left for people that Pepperdine University found that 91% of those left in I think the last couple of years.

I think that's the estimate.

Um, written by Chadbots.

So just had to put that in there as a little data point.

Um I feel this application does not meet several of the required criteria for the conditional youth permit under section 29.6 or 296.4 M2 of the unified development code.

First, subsection C requires that conditional use be in conformance with the character of the adjacent area.

Every surrounding property is an owner occupied single family home in an R1 district that has been stable and residential for almost four decades.

The applicant, by contrast, is an out of town LLC that already operates multiple short-term rentals across the country.

That is a commercial operation, not a neighborhood residence, and is inconsistent with the character of what should be R1 zone.

Second, staff's report states that approval would support mixed use contact concepts of the comprehensive plan.

But mixed used policies apply to planned nodes and new development areas, not places that have been pre-designed for shared residential and sorry.

There these are this mixed use concept is planned nodes for new development, places that are pre-designed before they go in for shared residential and small scale commercial activity.

They were never intended to retrofit long established R1 neighborhoods.

Inserting a transient lodging business here would not create mixed use.

It would erode the predictability that R1 zoning promises to homeowners.

Ma'am, I'm sorry, that's your three minutes.

Do you have much more?

Um I can hurry through.

I'm sorry.

Third, the subsection F requires that the use will not cause significant adverse impacts.

Staff notes no evidence of problems, but this is because the property has never been operated as an STR.

So you're not going to see those kind of problems if it wasn't operated as such.

Finally, the applicants own materials admit that they are unsure of neighborhood support and that they will only use the home for occasional weekend visits.

Those statements fail the STR specific criteria in subsection 3 A and C.

E, sorry.

I also want to know that the claims of economic benefits are overstated and lack support supporting data.

Homeowners already hire contractors, cleaners, lawn services.

I just had my gutters replaced.

We do that all the time.

And for these reasons, I suspect I respectfully ask that the commission recommend denial of this conditional use permit in order to uphold the ordinance's intent and preserve the integrity of Columbia R1 neighborhoods.

Thank you for your consideration.

Thank you.

If you will hold on just a moment, are there any questions for this speaker?

Seeing none.

Thank you for being here tonight.

Next speaker on this case, please come forward.

Name an address for the record and speak into the microphone.

Go ahead.

Good evening.

My name is Janice Dawson Threat, T H R E A T.

I live at 3512 Chapel Hill Road.

I've come to speak to you because when I saw the deadline that said that if you wanted to write something, you had to do it by X date.

I didn't get my letter written by the date, so I didn't send it.

I'm concerned.

So I don't want you to think that just those five people that wrote the letter that they're the only people concerned.

There are those of us concerned who have not been able to write.

That was a very difficult three years for me as a neighbor.

They did things in the property, and when I would speak to them about their dog or their music, they're like, hey, you know, I'm paying rent.

So when I found out who the owner was and tracked them down and called them to say this is what your renter is doing.

I can't use my yard.

They have this dog yapping at me, and you know, how to she hung up in my face.

And that was very difficult to take because my husband had just died, and I had refinanced the purchase of my house as a single parent.

And I wasn't in a position to move.

I grew up as a renter in Chicago.

And I managed to buy a condo before I left, which enabled me to buy the house here when I moved here.

So I know what it's like to be a renter.

And when I rented my condo to people who were gonna hold it down for me, they cut holes in the wall and they redid my floors, and so I realized it's not good to be an absentee owner because the renters do what they want.

And even though the woman here who owned the house next to me, she rather hang up in my face as a property owner than address the people who she was renting to who were disrespecting me.

So that's my fear about this property.

It is it my property meets theirs.

If they do stuff, who do I talk to?

And why would they respect me?

I'm an elderly person.

I can't go and bully them or badass them.

I can't do that.

I'm just a little old lady trying to take care of her house.

And so I feel you all are putting me in a situation that I have no control over.

And I want you to know that I'm afraid.

And when it's time for my property to be sold, we were improving my property in the hopes that a young family, new family with a new baby would want to buy our little house and they want to spend 20 something years there, because that's what we did when we bought it.

But when they find out that they're transient people coming and going around the corner, I don't know if my house is going to be attractive.

So that's another concern because I've invested and I've improved.

So you all I don't feel you all took that into account.

How what works for that family, which is going to be good for them and their daughter and her seven years of going to university.

But how's it gonna affect me?

So I just want y'all to know there's another perspective out here.

Thank you, ma'am.

Are there any questions for this speaker?

Seeing none.

Next person to speak on this case, please come forward.

I'm looking for movement.

There we go.

Hello, I'm Deborah Bernhardt, and I live at uh 2005 Oak Cliff Drive.

We are behind a property that's being discussed this evening, and um we're in clear eyesight.

I mean, we're right there.

So my um I I would say my overwhelming objection to um allowing this to uh continue is the fact that we are taking uh houses within our city of Columbia off of the markets, they're being bought by businesses, corporations, and turned into what we're talking about tonight, which is something that I'm very concerned about.

Um during uh COVID, just in our neighborhood alone.

I don't know what that was there were numerous homes that were there were numerous homes that and actually in our neighborhood that were bought by corporations, and uh either we were lucky at that time that uh individuals did buy the homes, as far as we know.

Um so um, but it seems to be something that is if the city of Columbia needs to increase the number of lodging uh housing areas for visitors to our to our city, that is important, but I'm not sure that it is the best to use short-term rentals within residential areas.

I would suggest perhaps looking into perhaps different organizations, companies that offer rooms and they offer also offer uh facilities for them to cook, having suites or you know, whatever, that perhaps would actually generate more income for the city through having a a corporation, a business locate here, if that is what's really needed in our organ in our community.

Um but to take a home off of the market for perhaps young families here that might want to actually own a home, I think is uh a real consideration.

It's difficult enough for our young people to find housing, homes.

So that is my point.

I think other people addressed other ideas that I also have to, but thank you.

Thank you.

Any questions for the speaker?

Seeing none.

Thank you for being here tonight.

Next speaker on this case, please come forward.

Going once.

Going twice.

All right.

We will close public comment on this case and go to commissioner comment.

Um commissioner comment on this case.

Oh Ms.

Walters.

Commissioner Walters.

I was just gonna suggest maybe you or or Anthony, the people who have been uh on this dealt with this issue for several years, provide a little bit of perspective to address a couple of concerns that were brought up.

Um I don't want you you know 10 minutes or like that, but just to let them know that the what the conditions are were before the SCR happened versus what or what's going on now and how adjacent property owners can indeed uh notify the correct authority.

So could you just I think that would be helpful just for if you're Ms.

Walters, you did a great job right there.

Commissioner Stanton?

Uh my fellow commissioner is correct.

Before this process existed, there and probably still are hundreds of short-term rentals that were not regulated at all.

At this point, there is a system in place for you to um document complaints that will be investigated that could jeopardize whoever is operating an STR's license and it can be removed.

Um before then there was no process.

And as we've gone through this for over a year now, we've kind of have witnessed the process working.

Um my two sense on this issue in particular is that we all have a right to use our property that you buy.

I you know, just imagine someone telling you you can't have a garden in your yard or you can't have a dog or something like that.

Um, or you can't rent your house out, then you don't live here, or you mean you know, it gets to the private property rights.

Um to address the previous speaker's uh testimony, um there is a need.

Uh there used to be something called the Green Book in my in our recent history.

And the green book allowed uh people of color to have safe places to stay that were not hotels, that were not, you know, so this Airbnb thing, this short-term rental thing is to me is kind of addressing needs of particular people that a hotel is not gonna fix.

It's not gonna be uh acceptable for them to use.

They may have family members, they may be here for medical reasons.

They, you know, so this allows the little guy, the guy that disowns the house and wants to, you know, make a couple dollars on the side while they're not in their home, uh the chance to make money.

Yes, this particular applicant is doing this as a business.

I do have concerns with the absentee side of it.

Um, I'll ponder that as I hear more of my colleagues discuss it.

And um, but I also have faith in the system.

And I think the system that is in place now does give the residents the protection that we think will allow those who do good to exist and those who don't do good, the market will remove them from the field.

Commissioner Wilson.

I um do applaud the applicant for first applying.

Um this is a rarity.

Normally when we are seeing these cases, it's after the spin of STR for two years, nobody knew.

Um but in this case, the applicant um took counsel, inquired, then bought the property based on information that they ascertained, and I think that was the right thing to do.

Any other commissioner comments?

Commissioner Brodsky.

I just want to echo both my fellow commissioners' comments.

I you know I I think for a lot of folks in the audience, this is probably a new thing.

We've been seeing these cases for year and a half now.

Um and and I can tell you from from the the cases that we've seen.

Um you could not ask for a more exemplary uh short-term rental um owner.

Uh so uh I I I feel good about the applicant and their ability to maintain the property and um the absentee uh is also uh was initially a concern of mine as well.

Um but knowing that they have a contracted individual that is going to be coming by every two weeks and is the listed designated uh contact if there is a problem uh gives me gives me a lot of comfort.

Um so I I plan to support this.

Um but yeah, that's all I have to say.

Um give me just one minute and then I'll okay.

Um I wanted to add to what Commissioner Stanton said, while he does predate me slightly on the commission and was here when we tried to pass a short-term rental ordinance the first time around.

Um I have the benefit of having been on the commission throughout the entire creation of what became the short-term rental ordinance, and I can say that a lot of the concerns that were discussed here tonight were discussed at length while we were creating the ordinance.

The reason that we have a limit of one license per natural person, the reason that we have you know uh uh a policy of two you know, two verified violations and you're in trouble.

The reason that we have a staff that is working overtime right now to find and call in every single illegal short-term rental so that we can get our numbers up or because of how we created this ordinance.

Is is the hotline up and operational yet, staff?

The the hotline through the contractor is not up yet at this time if there are um concerns you would call office of neighborhood services.

Um but I believe, and we discussed this in the work session here a couple minutes ago, um that is coming soon.

Yeah.

Um so yeah, right now call neighborhood services.

Yeah.

But there will very shortly be a 24-hour hotline that is dedicated to short-term rental violations.

Um, one of the pieces of correspondence that we got said that the Missourian reported us at 26 percent compliance.

That means that 26 percent of the total number of short-term rentals have become licensed.

I will tell you from the research we were doing while the ordinance was being created, that is more than double most jurisdictions, which means our system is working.

We are finding people in less than 18 months, less than six months after true enforcement when we started hunting them down, we are at that high of a number.

That is good, and I think indicates that we will be close to 100 percent by the time we get through the listing.

Um all that to answer Commissioner Walter's question of from the perspective of of the folks that wrote it, where are we at?

Um I will say housing was a huge concern.

However, that is why we limited the number that each person can have.

Density of turning an entire you know uh residential neighborhood into a uh de facto hotel is why we have uh a heightened requirement if you're within 300 feet of another one.

We have thought about all of these things.

We have a system for addressing them.

And most importantly, we have a system for if they are not good neighbors, there is recourse.

There is a place to call.

We are taking complaints incredibly seriously.

Um this isn't like when you have a partying noise complaint and nobody does anything about it.

This is is taken very seriously, and um I I think has been working so far.

But Commissioner Walters, did you have something else?

Yeah, the only thing I wanted to add was uh response to uh Mrs.

Three uh three or threat or three three Mrs.

Three's comment is about being afraid is is that uh perhaps regard I don't know how we're gonna vote yet tonight, but if should we vote in favor of approval that uh those who are affected who live in the neighborhood should contact the the Franks um Kevin Frank and Hilda to ask for contact information directly for them so that in addition to having the hotline number that you could call regarding a problem, you might also have a uh a a connection direct connection with the owners regarding other issues.

Yes, I and I think that is in the information that they sent out to their neighbors.

Yeah, I know.

I just hope that they are aware of that.

Maybe maybe and some of them didn't receive it, perhaps.

So that are there any other commissioner comments?

Are there any other commissioner comments?

Oh.

Commissioner Stanton, sorry.

I thought my attention was in the past.

So I'm very happy that the applicant stayed.

Um it would be a great, very great idea that you take in this testimony and get a hold of the people that you heard tonight, especially the ones that are sitting right in front of you.

It would be wonderful if you really worked on being a good neighbor.

Because as my fellow commissioners said, our system is up and running, and we're a very active community.

And if you don't play the game, we'll throw the flag.

So it would be a great idea to get to know your neighbors a little bit better.

Like I bought eyeball.

Great idea.

That would be great, Commissioner Stanton.

As it relates to case 31-2025, 1906 grant lane, STR conditional use permit.

I will be saying this in the affirmative.

I move to approve the request to STRCEP subject to the following.

Maximum of seven transient guests, maximum of two hundred and ten nights of annual rental usage, and the use of the two-carriage be available when the dwelling is used for STR purposes.

That can.

Motion made by Commissioner Stanton, seconded by Commissioner Ortiz.

Is there any discussion on the motion?

Seeing none, Commissioner Brodsky, may we have a roll call?

Commissioner Ortiz.

Yes.

Commissioner Stanton.

Yes.

Commissioner Walters.

Yes.

Commissioner Wilson.

Yes.

My vote is yes.

Commissioner Darr.

Yes.

And Commissioner Goway Jones.

Yes.

Motion carries.

Thank you.

That recommendation will be forwarded to City Council.

Next case for this evening.

Case number 32 332-2025, a request by Mamara Tala on behalf of Mamaratala and Hannah Shadea owners to allow 3408 Eastham Drive to be used as a 210-night maximum eight gas short-term rental STR pursuant to Section 29-3.3 V V and Section 29-6.4 M2 of the Unified Development Code.

The three-bedroom two and a half bath dwelling has a driveway capacity to support for UDC compliant on-site parking spaces without use of the attached two-car garage.

The point two acre subject site is located around 185 feet south of the intersection of Eastham Drive and West Green Meadows Road on the eastern side of Eastham Drive.

May we please have a staff report.

Yes, Madam Chair.

Thank you for that introduction.

Just to quell any confusion, um, this was managed by our colleague David Coons.

He couldn't be here tonight, so I'm going to go ahead and fill in with uh for him and uh present this case here.

So uh postcards were sent out on October 6th, followed by public hearing letters on October 20th.

We sent out 19 of those and an ad ran in the Tribune on October 21st.

Uh here is an aerial view of the subject site highlighted in red in the center of the screen there.

It's approximately 200 feet as the crow flies from another um short-term rental along Green Meadows.

However, they are accessed from different streets.

Um David wanted me to make sure that I uh included that in our presentation here.

Uh and then this is a street view area uh photography of the site highlighting the parking spaces that they have in their driveway.

So this property is owned R uh R1.

It's not the primary residence of the applicant.

It is a three-bedroom, two and a half bath home.

Uh last year was offered for 90 nights.

Um we identified three of the 13 surrounding parcels within 185 feet to be used for uh rental purposes.

Uh as mentioned, we did identify another short-term rental in the area.

Uh associated with this property, we had five violations that we were identified.

Uh all of them were resolved except for the illegal short-term rental operation.

Uh three of those were for landscape management uh this current year, and one of them was for a vehicle parked blocking the right-of-way in 2023.

Uh please haven't contacted about marijuana odor multiple times.

However, the applicant does have on their listing that there is a no smoking restriction uh when you do rent the property.

We have the one code violation that's open for legal short-term rental operation.

Letters were sent by Office of Neighborhood Services on June 27th and July 30th.

There was no response after those two letters were sent.

So a notice of violation from the municipal court was sent on September 5th with the hearing this coming 12th of November we received the application for this case on September 29th.

Regardless of the decision made by this Commission they still need to attend that hearing next week the decision by that judge is not something I'm going to speculate on but it is something that was made awareness they still have to attend that regardless of what is happening here tonight.

As mentioned they have a enough space in the driveway for four compliant parking spaces.

Staff received four emails on opposition citing yard maintenance not being registered the marijuana odor parking proximity other short term rentals property values occupants limits not alerting the neighbors safety nuisance and generated traffic.

Now police were contacted about marijuana odor but we can't enforce that on residential property the way that the code is written as far as marijuana odor as a nuisance has to do with industrial and commercial purposes so uh growing operations or dispensaries is what that law applies to as far as residential marijuana odor um it's not currently enforceable on residential properties.

So with that uh the conclusion is that the conditional use permit analysis supports uh approval for technical compliance and the ability to enforce um if there's any violations that are noted on the site in the future if approved um that short-term rental that's currently known by staff is within 300 feet of this property but it is accessed off of a separate street so uh concerns about traffic were a little bit mitigated at least from a staff perspective as far as the uh concentration part of the short-term rental regulations are concerned um as mentioned time and time again these regulations provide oversight and means for ways to address impacts if the property is not maintained and managed in a proper way and the approval supports broad policy strategies and actions of the comprehensive plan.

So staff's recommendation is to approve the requested short-term rental conditional use permit subject to the following criteria that there is a maximum occupancy of eight transient guests at any one time and a maximum of two hundred and ten nights of annual rental usage and with that I'd be happy to answer any questions the Commission has.

Thank you before we go to questions for staff if any of my fellow commissioners have had contact with a uh party to this case outside of the public hearing please disclose so now seeing none any questions for staff Commissioner Wilson.

For clarity when we say um two violations are um make them eligible to lose their license is this violation that's listed here one is that potentially one of those two by violation you mean the illegal short term rental operation yes I don't believe so no because they aren't registered yet so they wouldn't be subject to the criteria of the two violations once they get their certificate of compliance okay Commissioner Brodsky same question as the last one and I apologize I missed that in your other staff report um but the STR at 700 West Green Meadows is that a license then registered I mean just a second I'll just see that in the double check.

I'll give you one second I will look for that if there's any other questions that we can queue up as well.

I apologize the it was registered on the slide it said it was a registered and known about SDR.

Thank you.

Do you know when David pulled the um the listings I don't know the exact date but uh he did provide all the materials for presentation yesterday okay I'm I'm just not seeing them on either the RBO or Airbnb so I I believe that they were there when he put them in the staff report.

I'm just trying to figure out but I can ask the applicant as well.

Understood any other questions Commissioner Walters I had a question I you mentioned four emails in opposition I do we have the four here I I only see one.

They may have been included in the supplemental email that goes out when we receive them after any printed copies.

So there shouldn't have been any printed copies I have the one from Ms.

Kimfer I believe so.

Okay all right thank you.

May I sorry, go ahead, Commissioner Ortiz.

We do have one printed.

Yeah, Ms.

Kimfer, yeah.

Okay, but there is some attached to the agenda.

Okay, thank you.

Six pages.

Sorry, the online agenda.

On the online, okay.

Any other questions for staff?

Seeing none.

We will go to public comment.

Well, the first member of the public to speak on this case, please come forward.

Um one at a time.

Yeah.

Hi.

I assume you're the applicant.

Both of us.

Okay.

Yeah.

Do you want six minutes or three minutes?

Because one of you can have six and one of you can have three.

I'll have the three.

Okay.

Go ahead when you're ready, name and address for the record.

My name is Hannah Shahade, and I live at 5304 East Tayside Circle here in Close.

Thank you.

Go ahead.

Um so just a little bit of background on how we acquired the property.

Um it was our first family home.

We bought it in 2019.

I was pregnant with my first son.

Um bought the house.

Obviously, we were living in an apartment.

We needed a home, and um so we bought that, lived in it for about.

Um, and then we had my second child.

Um we needed to upsize, of course, with kids and whatnot, um, more space, and so we acquired a bigger property.

Um and my in-laws stayed in the fifth the 3408 um East Ham property.

Um we live right around the corner, so um down near the highlands.

Right.

That's obviously very nervous.

You are just fine.

Um yeah, so why don't we ask you some questions?

Please that would make this a lot easier.

Are there any questions, Commissioner Ortiz?

If you live right around the corner, why are there so many violations when it comes to the trash and the the car blocking the right-of-way and the weeds?

Like the the weeds from the marijuana.

Like no, no, like the the like lawn care management.

Um I know that a couple of times with the lawn care.

So my father-in-law is a handyman.

Um and he's the one who up keeps up with all the property, like inside and outside, does a lot of the work and the landscaping and whatnot.

Um just I'm not sure on like specific dates, but I do know that a couple of times it was like raining or the grass was too wet, and so it did go by you know, quite a bit of time before we could cut it.

Um there was a couple of times where we were out of town, which I think one of the times I do remember, um, where we did get some kind of complaint about you know the grass being too long.

Um any time we are out of town, if that did come up after the fact, whether it's this house or even like our current home, if we're ever out of town, now we just we end up hiring somebody to do it so that we're not letting it grow out that long.

Um we don't like the look of that either.

So Commissioner Stanton?

I'm gonna kind of follow up on that.

So you're nervous, so I'm not gonna be um You're fine.

I'm gonna be a little more general, but not really.

Uh I'm concerned about the violations.

Um because you play how you practice.

So if you're not doing it now to I don't know what kind of neighbors there are, but like it really takes somebody, unless you know, and you don't live in an area where they have the neighborhood patrol where they're just patrolling your neighborhood, seeing if you got grass cut or not.

It probably takes a lot for your neighbor to call and say, Man, I can't take this anymore.

I I need to I need to say something about this grass.

So convince me, because right now you're on the bubble in my head.

Convince me why I should vote yes for your short-term rental when your practice has been less than you know, you heard the speech about being a good neighbor.

Sure.

Convince me.

So my father-in-law, like I mentioned, is a handyman and he's the one who upkeeps with everything.

Um he is actually going to be staying in the property when and and has been on and off when the home is not being rented out.

And so with that, being actively there more often, he's been staying with us for a little bit of time.

I have a nine-month old, so he was staying in the house with us because it was winter time.

We didn't know when I was gonna have the last kid that I had, the third one.

Um and so with that being actively present, being, you know, whether it's being there all the time when we don't have anybody staying there, or passing by the property, just making it more of a regular um, you know, thing where we're passing by often enough, or he's passing by often enough just to keep up with it.

But wasn't he there when the violations occurred?

What was that?

Was he there when the violations occurred?

I don't believe so, no.

That's what I'm saying.

I I and my husband can probably answer that better than I can just because they're the ones who coordinate.

Um but I but I don't believe so.

I do recall there were a couple times where the grass was wet, he refuses to cut it when it's wet because it gets muddy and whatnot, he's a perfectionist.

So I've got thank you.

Any other questions for the speaker?

Commissioner Brodsky.

So you were sent a letter on June 27th.

You were sent a letter on July 30th.

And then a violation notice in September.

Um what gives?

Um so I don't I mean I didn't see those letters.

I don't know if my husband did.

Um we both work full-time too, so um I mean things get lost in the you know in the mix of things.

Um I can say that I didn't see them, so I can't speak to that.

I'll let him speak to whether he saw them or not.

And that's just an honest We'll give you, I promise.

Wait your turn.

Um so I'll let him kind of speak to that.

But that's that's that's my honest answer.

I don't want to try to be yes, sir.

Um you were living in the house in 2003 or 2023.

2019, 2020, and 22 is when we moved out.

Yeah.

Yeah.

22.

Okay.

Okay.

It looks like but you started operating it as a short-term rental in 2024.

And it is totally okay, just so you know for you to say these are better asked of my husband.

If you don't know the answer.

That's again that's what I'm saying.

Okay.

I thought I would go first just to get out like the intro part, and then you could speak more to like the logistics.

We can bother him about the logistics if that's what you want us to do.

Yes, please.

Okay.

We can do that.

But yeah, so we lived, we lived in the home from 2019 up until 2022.

That I can guarantee because I had my daughter and we stayed there for about a few months after that.

So presumably you know how old your daughter is.

I yeah, she's four.

So thank you very much for being here tonight.

Any other questions before we switch?

Thank you very much for being here tonight.

Mr.

Atala.

State your name and address again.

Yeah.

Good evening, Marma Atala.

I would live at 5304 East Tayside Circle here in town.

And you can move that microphone so you don't have to.

Yeah, it's a little short for me.

Yes.

Uh thank you.

Um so I'll address the um I guess long care violation.

We did receive one.

Um since then, I haven't received any.

I did hire somebody to professionally cut the grass as well.

Um, just so we're we're taking care of that, and that never happens again, um, even if my father is not available and can't do it, because I just, you know, that's we run a professional business, we want to have it done professionally.

So um we do have us we also do um have a a manager that manages the property.

So um, and she is in charge um of like she's a super host, that's why I hired her.

Um and she's we had a communication.

Um she also lives in town very close.

Um so we're both available.

Um and like my wife Hannah said, we are um like my family still stays there, so we are like in the property a lot, which is why we chose to do a short-term rental.

Um, because we keep the property um, you know, I mean, we replace the roof, we replace the water heater, uh, we built the fence.

We you know, we take care of the property um like we still live in it, basically.

Um and and the uh that's the only violation that I know of that I've received.

I did receive a courtesy call about the odor, um, but it was two days later, and it was just to let inform me that it was discontinued and nothing was reported or or drawn.

So when I see that, that was very surprising to me that it was even brought up because it wasn't really and I asked if it was like was it from the street, was it confirmed from the house?

Because I do run a pretty strict business and regulations when it comes to that, and I hold it very uh high standards for my guests.

So um so that's the only thing I'm aware of.

And they told me this was just the courtesy call.

We don't have any you know, you have any concerns.

Um and my concern was I was like, why didn't you guys call me sooner?

I would have, you know, taken more action.

I did reach out, I didn't get anything.

I inspected the house, I didn't find anything.

Um and you know, I usually we're in there right away.

Um so I that's the only thing I know of um as far as the property goes.

Uh the only the only the last letter we saw, and I was expect you know, like we just kind of let the property manager handle this stuff, and we didn't get like she didn't get a letter at all.

Uh which she was listed when I went to talk to neighborhood services when I applied, and they mentioned her, and they even sent her the they said she's supposed to be in court as well, and she didn't even receive that letter.

So I don't know what happened there.

Um anything else?

If not, we'll go to questions.

Okay, Commissioner Brodsky and then Commissioner Stanton.

Uh so I'm assuming you received the notice in September.

How did you receive that notice?

Well, um I did that I did receive the notice, so it was um we were gone, I think.

Um it was in our mail.

We we received that notice.

Um my dad had kept it in uh in our pile when it when we got back, I was traveling and I got back and it was just in a pile of of our mail, but I did not um otherwise I wasn't even aware really of like the regular I I came in person as soon as I saw the notice, and maybe your uh David can tell you because I talked to him directly that day.

Um and I was like, hey, you know, I want to do this, you know, obviously why I'm here.

Um but you know, again this I don't know where these like violations and things came up, but I did not um as soon as I saw that I took you know took action right away.

Um and like like Hannah said, I mean, it's our first home and we take care of it because we plan to keep it forever when our kids like to go to Mazoo and keep that house, like um and we have good really good relationships with our like next door neighbors.

Um typically, I mean, they've we're in touch.

We're in like we text, you know, like uh about stuff, even like I was working on fixing the the sidewalk and I talked to the city about that, and I was trying to get them and I asked them if they wanted to get fixed, and I was gonna do their side as well, where my guy was there fixing it.

Um, so I have that open communication.

Um I'm I'm not you know, um I I really try to be a responsible neighbor as much as possible.

And the fact that I live like down the street as well.

I mean, I'm always I can always be there right away.

So uh Commissioner Stanton.

Are you a soccer guy or a baseball guy?

Uh b I actually played basketball uh for mobile for MACC.

Okay.

Uh we're in the we're in the last five seconds of the gang.

Okay, man.

Right, right.

And uh you're at the free throw list.

I see that.

I see that.

And uh you this is the winning free throw, or you lose the game.

Okay.

That's that's me.

That's my head's at.

Gotcha.

So obviously let me let me let me feel like so.

Like I told your wife, I feel you practice how you play.

Absolutely.

You have a number of violations.

Response was either I'm out of town or I didn't get it.

So to me, I'm like, now I grant you this opportunity as a business.

How am I not gonna hear those same things?

I mean, you know what I mean?

Because I'm I'm looking at your neighbors, I'm reading the complaints.

I'm like, how can I look your neighbors in the eye and say, well, this guy is showing a track record of this.

Right.

But how can I look your neighbors in the face and and vote yes and not feel away about it?

Right.

J just to correct.

I gave you the ball.

Yes, sir.

I just a correction.

I did receive I I did receive the law in violation and I received a courtesy call, but since then I've I've taken care of it.

I'm more concerned with the SDR letters.

Right.

I I honestly, like I said, I I depend on fully on Jessica.

And she's she's responsible to be in the court as well.

And I I uh you know, I hired her because of this reason right here.

Um and we had to talk about, you know, um what could have happened, could they have send it to the wrong address, what happened there?

Um but obviously I'm here taking action because I want to I want to show you guys that I'm responsible and I can take care of business myself.

Um but also like I said, I mean uh we are a family and we try to run the business, you know, at first.

We we were honestly just trying it out.

We weren't really trying to be, you know, um of this part, you know, I guess hold the bar that high.

Um but obviously we do now and we are taking full action in terms of professionally hiring people to take care of the property, uh cleaners, um, you know, making sure that we any concerns and and the other thing that I think we had such open communication we thought with our neighbors that they could reach out to us directly and we made that very clear, and that was kind of like the point where we felt like they could absolutely text us or call us.

We even reached out as well.

Um and there was no no concerns that were like you know sent to us directly.

Um that's really it.

I mean, you know, anything else that we could have done better, um we basically have taken care of and that's why we're here, and that's why we want to we wanted to go around to the neighbors.

Um so Jessica had walked around and gave the neighborhood her contact information, knocked on the doors, made sure she introduced herself, um gave her contact info as well.

Um, just to make sure that they also have her contact in case anything comes up for concerns.

Um so as you see, we are taking the steps to be responsible and and take this a lot, you know, seriously.

Um, you know, if you guys, if you guys are are sending violations, I would hope it comes to me directly um or you know, to to Hannah.

Um but like I said, I honestly like with the letters, I don't know what happened.

Um I did like I said, the violation I did, and I got a call for the courtesy call for the for the marijuana deal.

Um but I took it took care of that right away.

I I you know went there, talked to them, nothing was going on, and they said it was discontinued right away.

We just want to let you know.

That was the what I got.

So I didn't take it as anything serious because it wasn't.

Um is what I was conveying.

The message was conveyed from neighborhood services as nothing to be concerned about.

We just want to let you know.

Um the the the there was a complaint, but I said, hey, anybody can complain.

I want to make sure it's verifiable, right?

Um and they couldn't because they were like there wasn't a police report, nothing was going on at the time, right?

So I'm concerned with the tiers of communication.

You say, well, my manager might is I got that.

I got this, I didn't get it because my manager didn't get it to me.

This is concerning me because like I've said it in the previous testimony.

Right.

For this to be successful in Colombia, you have to be a good neighbor, and I need you.

I I don't want to say hands-on because you don't have to, but your business ecosystem needs to be responsive.

Right.

Pop, pop, pop.

It needs to be responsible, the person, and the question I ask all the other S to if the stuff it's the fan, right?

Who am I calling and how fast are they gonna get there?

It needs to be pop, corresponding to the response, lawn.

You know what I mean?

Yeah.

Because your track record is shady right now.

I mean, it's it's like I said, I I got one violation and I took care of it right away, and it's taken care of.

It's never come up again.

Well we have two or so letters to get you on board for the STR.

That's kind of where I'm at.

Okay, um and I don't want to go on a back and forth.

That's okay.

Convince me that your line of communication is tr is crisp.

I don't want to have to send you three letters.

I don't want to have to call you four or five times.

I want to know, convince me that your line of communication and your ecosystem is ready to go and you're ready to be a good STR host.

Sure.

Yeah, and and uh yeah, you have every right to.

So like I said, I I have everything professionally handled now.

I'm moving forward, you know.

Jessica's a super host, and she I trust her communication abilities 100%.

She's always anything that comes up, she's always right away called me or texted me or reached out to me.

Um and I have she has my dad's number as well, who does not work.

He's always available.

So if anything happens, he can be right there.

Um and so both of us are available if anything comes up.

Um I made sure that you know, both she has she went to every neighbor and gave them her contact information for that particular reason.

Um, knocked particularly on the door, and I'm again open to having that, as well as like professionally having an actual like website to send to people to have it, have all my contact information on there if they need anything.

Um all of that is you know in motion.

So I want to make sure that anybody that has any concerns or comments or anything that comes up that you know, we get it right away, and then we're right there on the doorstep.

And we're in the property so often that I don't feel like you know, like these things that were missed, like if there's a letter or anything like that, um we we check the mail regularly, we check everything, we're on top of it.

Um like I said, I mean, there's been times where like there's two or three weeks that there's nobody at the property, but my family goes and stays there.

Like I still have their closets locked up, you know.

Um so it's not like they completely are out of the property.

Um so we are like we have you know, somebody there.

Um I want to say almost at all times.

Um Commissioner Ortiz.

Okay.

So you've mentioned a lot of people, and I think it would be helpful for all of us, or at least for me.

So there's you, the owner, your wife, Hannah, the designated agent.

Yes, we pen out of it.

Me and the designated agent, yes.

Because on the application, it does say Hannah is the designated agent, but you're referring to Jessica?

Hannah's not the designated agent.

She's the owner of the property.

The application says otherwise.

Application says designated agent is Hannah.

And it has your address on here.

I mean I did not.

So the designated agent would be Jessica.

So it would be the person that you would call right away.

Yes.

Yeah.

Yeah.

So if you if you have the person that we would call right away on the property.

That's that's Hannah.

Yes.

Designated agent, sorry, not the manager.

No.

So we don't see a manager, thank you.

No, no, no.

I know, but you the sorry.

So what confuse me when I went to neighborhood services, they mentioned Jessica as like the person that they reached out to.

And I was very confused why they did that.

So if somebody like you guys were to call me or Hannah, is that what you're asking?

Yeah.

Yes.

Yes.

Okay.

Yes.

Okay, cool.

I just wanted to like make sure, because I've heard also your father-in-law is involved.

Like he just lives nearby.

Okay.

Okay.

I think that clears it up for me.

Thank you.

Commissioner Wilson.

For clarity.

And by the way, as a person who has also received multiple letters about violation, and I did not get the first letters, but I did get a subsequent.

I totally get it.

I don't see that as a big deal because it has happened to me.

Thank you.

I do have the question though.

When you did receive the letter, where did you receive the letter?

Was that at your personal residence?

Was it at the STR?

Where did the letter go?

Personal residence.

Okay.

Thanks.

Yeah, not yeah.

Anyone else?

Commissioner Walters?

Um I had a question, two quick questions.

One, do you have a video camera on facing the street from the news?

Secondly, the prior applicant uh who owned the property at Grant Lane we were just looking at.

I'm looking at the assessor's website, which lists the uh contact address.

They had listed their address in Chesterfield on your home for this uh for this property at 348 3408 Easton, it has that's you, your address, it lists you as the owner.

Perhaps you could consider, I don't know if this is feasible to make sure that the contact information here is at your current address where you live.

Or yeah, yeah, absolutely.

That may have contributed to this miscommunication or mailings go.

Absolutely.

And I think we cleared that out with with David when I came in, and that's what it was, I think.

Just you just I I'm again I may be misinformed, but you might contact the assessor's office to see if you can make a correction to the record here.

Absolutely.

I could do that.

So I've got a couple of questions.

Um you say Jessica, uh just not as as a determiner of how I'm gonna vote, but just for information.

Is that Jesse Yankee that you're talking about?

Simpson.

Okay.

Um just we we've got a couple of managers here in town that manage a lot of properties.

She's also a realtor, and yeah, she knows the uh Yeah.

I'm I'm uh a little concerned that that she is.

It's it sounds like maybe the better communication will happen now that we've got the actual application and the licensure and Hannah and you are the ones who are listed and and not her and her managing your listings is one thing, but managing the property is what you do.

Correct.

Yeah.

With that, do you know, did she take down the VRBO and the Airbnb listings in the last week or so?

Do you know?

I believe so.

Okay.

I believe so.

Okay.

So she did take them down.

I believe so.

Okay.

All right.

I I'm just asking because sometimes we like to just go and see, like, oh, you know, what does the inside of the property look like?

What is your listing?

So we appreciate that.

Oh, yeah, no.

It's totally fine.

It's not a requirement.

Staff provides us the listing links if they find them, and both of these are dead.

So I just wanted to make sure we weren't missing something.

She did take them down.

Right.

Yeah.

Okay.

That's that's totally fine.

We're just going to be able to do that.

You're not in trouble.

I'm trying to be, you know, as a question.

No, I get it.

I get it.

Um, any other questions for this applicant.

Seeing none, thank you for being here tonight.

We appreciate it.

Thank you.

Anyone else to speak on this case, please come forward.

Name and address for the record, please.

Pat Devine.

My husband and I Mike and I live at 3416 Eastham Drive, two doors down from the proposed short-term rental.

Go ahead.

Okay.

Thank you for allowing me to voice my concerns regarding this conditional use permit.

To address these issues, I'll respond to the owner's answers from the conditional use permit application.

Under the general conditional use permit review criteria F.

The proposed conditional use will not cause significant adverse impacts to surrounding properties.

The owners answered, no, it will not cause any impact to surrounding properties.

Now it's premature to state no impact to surrounding properties.

Because if the short-term rental is not properly maintained, allows rowdy renters, the trash is not curbed, allows too many guests.

This could result in lower property values for nearby neighbors and loss of our quiet neighborhood.

Under the specific short-term rental conditional use permit criteria, B, whether or not there are established short-term rentals within 300 feet of the proposed short-term rental.

The owners answered, no.

The truth is yes.

There is an established legal short-term rental, 280 feet from this property.

And as a precedent, the city council denied a short-term rental within 300 feet of another legal short-term rental back in July of this year.

C.

Whether the proposed registrant has previously operated a short-term rental, and if such operation has resulted in history of complaints, a denied short-term rental certificate of compliance, or revocation of an issued short-term certificate of compliance.

The owner's answer, never.

Perhaps the owner has not operated an Airbnb in the past, but they've been operating this one illegally since November of 2024.

The property was offered for 90 days and booked for 30 nights.

Letters of violation of the law were sent June 27th and July 30th to the owners and ignored.

It wasn't until the prosecuting attorney sent a letter September 5th that they applied for the conditional use permit.

A hearing before the unicipal court has been scheduled for November the 12th.

Per the city's short-term rental ordinance 11.

Rental platform identification states it shall be unlawful to list a short-term rental on any website or other media without first obtaining a short-term rental certificate of compliance with the city.

This house, 3408 Eastham Drive, was listed on Airbnb and VRBO since November of 2024.

These listings have since been deleted, but the house is still being rented, even last night.

E.

Whether there is support for the establishment of the proposed short-term rental for the neighboring property owners.

Owners answer, yes.

The truth is no.

There have been no letters of support, but four letters in opposition, plus Mike and I.

We didn't learn 3408 Eastham Drive was being considered as a short-term rental until we received the notice from the city 1020 of 25.

We suspected something was unusual because we never saw the owners, the transient people in the house, the unkept yard, the mattress on the front porch for over a month, the trash roll cart not being retrieved, cars blocking the sidewalk, etc.

Considering the owners of 3408 Eastham Drive have been referred to the city prosecutor for prosecution for operating an illegal short-term rental despite receiving two letters of violations, which they ignored.

They never notified the neighbors of their plan for a short-term rental, and there's another legal short-term rental within two 300 feet of the house.

It's obvious that the owners are not acting in good faith to operate a short-term rental legally.

Since June 1st of 2024, Columbia has had an ordinance in place regulating short-term rentals, requiring specific and general criteria in order to be legal, and these owners have abused the law since November of 2024.

The question I propose, what's the point in having an ordinance with specific rules regarding short-term rentals if they're not going to be enforced?

Thank you.

Are there any questions for this speaker?

Commissioner Brodsky.

Yes.

Do you have any evidence or any other neighbors here that could corroborate that?

I didn't take a picture of the white car in the driveway, but if I'd have known that was uh an issue, I would have.

Perhaps your your husband can corroborate that.

Yes.

Yes, we will solve that.

Um other questions, Commissioner Wilson.

Um they did mention that um the father is there from time to time.

Do you know the father?

I've seen him uh doing yard work before.

And so you're sure that it was not him?

Uh I don't believe so.

I didn't I didn't see the power person, I saw the white car in the uh my um another neighbor mentioned it to me also.

Thank you.

Sure.

Any other questions?

Seeing none.

Thank you for being here tonight.

Thank you for having me.

Else to speak on this case.

Please come forward.

The dock in 804 Eggman Street.

Um I'm more concerned with staff acting like the 300 foot thing is not an issue if it's not a traffic issue.

Because my understanding was the 300 feet uh is more about density and uh how many holes are put in a neighborhood.

Um I I just think the traffic issue, it might be a mitigating factor that that could be mentioned, but I don't it seemed to me that the report disregards that acts like it's not an issue.

And it is Thank you.

Any questions for Deed tonight?

Is the other short-term rental legal?

Is it registered?

Okay, it is a registered.

It is registered.

Yeah.

Any other member of the public to speak on this case, please come forward.

My name is Joe Moscato.

I'm at 607 Randy Lane.

I was actually here for another case.

But I I happen to notice that this property backs up to Best Shalom Synagogue.

There's a playground with children, it's about 200 feet.

So I just had a question whether there's a fence back there or I'm concerned about loud parties on a weekend and the weekends are the same time that sometimes kids are playing in the playground at best alone.

So I don't know if there are any regulations involving proximity to playgrounds, churches, and so on or synagogues.

So that was my question.

Um I'm not sure about the screening.

Would any member of staff like to address that, Jesse?

As it as it relates to playgrounds, no, there are not, but the in the ordinance there is a prohibition against parties.

So that there would be a route through to enforcement.

Okay, so that's part of it.

So there is a prohibition against against parties.

Oh.

Any questions?

Seeing none?

Thank you.

Um other member of the public to speak on this case tonight.

Seeing none.

If my fellow commissioners do not object, I had a couple other questions for the applicant.

Is is that okay if we bring them back up?

Yeah, they've been there's been accusations, accusations levied against them.

I think they need to be able to defend themselves.

All right.

Uh would you like to come back up, please, Mr.

Hashala?

And you will have to state your name and address for the record again.

I apologize.

No problem.

Uh Marmara Tala, I live at 5304 East East Side Circle.

Uh Commissioner Brodsky, I believe had a question, and then I had one for you as well.

Go ahead.

Yeah.

Uh just curious about the um seems like there might have been a short-term rental very recent.

Can you uh help us understand that a little better?

Uh yes.

So that was um booked like way in advance.

Um and I just honored it.

Um it was just being fully transparent with you guys.

That's all.

There's nothing to add.

And then my question was um it seemed like from some of the correspondence you're doing what we call midterm rentals, which is more than 30 days.

Um do you have a long-term rental certificate on the property as well?

I'm not doing long term certificate.

What are you talking about?

Well, it if you rent to someone for six weeks, because they're in town doing construction, for example, or nursing or something like that.

I have not at that place.

Okay, you have not.

No, no.

Okay.

Okay.

Some of the stuff that we saw from the correspondence made it seem like you were, but you're not doing that.

No.

Okay.

Because that that's just a a different licensure.

Yes, I understand.

Yeah.

Do you have a long-term rental license on this?

I don't believe so.

Okay.

Um just for information that may be useful in the future.

You can have both.

I oh, okay.

That's good to know.

I didn't know if I can't.

Yeah, you can have both.

And and you can go back and forth without notifying the city as long as you have both and they're both active.

Okay.

And for the record, it is fenced in the back.

So it is fenced in the back.

Okay.

Thank you.

Appreciate that.

Yeah.

Since we have you, anyway.

Sorry, I just want to add one more thing.

Um on the application when I did it, I did it with David.

Um when he looked up the properties, I don't think that property was either approved yet or he just missed it.

And I do have an email to prove this if I need to.

Um so it wasn't just a, you know, I don't want you guys to think I'm I'm just, you know, answering no on something that I didn't know.

We did I did he did pull up the map and it wasn't on there.

Um and and actually my question for him was, and I don't know how you guys do it, but it looked like it was just measured like, you know, like cross the line, not door to door, which I think is also another thing because they're completely different streets.

Um and there's actually several entrances to that street, you know, outside of Brookline too.

Um just just curious on the criteria um as well.

It is property line to property line, like you can see on the map on the screen right now.

Um which is m is there's a property in the way too.

You know what I mean?

Yeah, yeah, no, I get it.

We call it as the crow flies.

So, you know, it it is anything if you draw a circle that you drop around your property, anything that falls within that circle of 300 feet.

Um but I understand what you're saying.

Yeah.

If you drove the street, it's more than a little bit of a little bit more than that.

Yeah, it won't be 200 feet for sure.

Um that's all it is.

Anything final for the applicant since we brought you back up.

Thank you so much.

You're welcome.

Thank you, yes.

Okay.

If there is any other member of the public who wishes to speak tonight, please stand now and come forward.

Seeing none, we will close public comment and go to commissioner comment.

Any commissioner comments on this case.

Commissioner Brodsky.

Start us off.

Um I got my ass I'm struggling with this one um quite a bit.

Um, any one of these things, the violations, the the missed uh you know, missed opportunities to get this thing licensed, the 300 feet.

Um I'm a little bummed that you rented that out uh recently, especially knowing that you you know had a letter from a prosecutor.

Um I I think I'm a no vote on this one.

Commissioner Darr?

I'll just echo what Commissioner Brodsky said.

Um there's enough here that I I don't think I feel comfortable.

You know, it's nothing that says that we have to vote yes just because they meet technical compliance now.

Um so I think I am a notion.

Anybody else?

Commissioner Ortiz?

I'll just add in addition.

Um I agree with the two commissioners who spoke before me.

But this is a great example of why having these conditional use permit cases is so important because each property really is different.

Um so I think this is a testament that this process is working.

And um if you feel discouraged by this process, there's a reason why you can come here and speak up.

Anyone else?

Commissioner Stanton.

I'm sure I had a question.

So if we do not grant this permit at this time, the applicant could reapply within our management.

Anytime, yeah.

They can reapply automatically and hope you know I'm not saying I don't know.

But I'm just saying if it doesn't work out, if it were me, I would get my whole line together if we don't get it this time.

So just one understand the process, ma'am chair.

Commissioner Wilson.

Yeah.

I usually wind up being the contrarian.

Um and I agree with what's been said.

I just seems like a perfect storm of things.

And I totally get it as a person who this has happened to.

Um it is a struggle, I still think that my vote is positive.

And as I've always said, I would uphold this for anyone in the same position.

You never know when something's going to happen in your life and you're going to need to use your home as a source of revenue.

So I that's one of the reasons why I support why we do this.

And I will support it.

I'm struggling.

Um, I I I think that perfect storm is the exact right phrase.

There's a lot of little things here that can be explained away individually, one at a time, but they add up.

And and I strongly suspect that as Commissioner Walters at some point indicated, it it's probably that the notices were being mailed to the short-term rental.

And I have myself been in a situation where 90% of my yard wasn't growing at all.

But the part right around the mailbox was getting super tall.

And I got a notice violation, and I was like, why am I getting a notice violation?

The yard's short.

So I mean, if you get one neighbor that's a lawn loving, it has to be perfect, all the weeds pulled kind of person.

All of these yard violations were it sounds definitely in the same year.

We know that part, and it sounds like maybe all within the same six-week period.

Period.

I don't know what the dates of the violations are.

But it's not like they mowed the yard, then they let it grow up to two feet tall, and then they mowed the yard and then they let it grow.

You know, it it doesn't sound like that was the situation.

It sounds like the blocking of the street and sidewalk happened while they were in the middle of moving, um, just based on the dates or or in the middle of renovating or something, but it was before it was listed as a short-term rental, certainly.

Um I think that, you know, it's none of my business.

And this is my personal opinion.

I think they have a bad manager that was not communicating in the way they should have been.

Um and that led to some frustrations or something.

And with the neighbors and such.

And I want to give them a chance because I think that they for all these complaints, they're not they're not what we've heard from some other folks where it's every year we're having to have the same conversation.

Every time we turn around, they've got another you know, 12 people throwing a party, and we have to go pick up the trash out of the front yard, and you know.

So I I'm definitely on the bubble on this one.

But I I think that from the way they've been discussing it here tonight, they're trying to do better.

Um and I want to give them that chance because I think that you know, they're they're not in in um in an oversaturated part of town.

They're not, you know, creating massive problems.

So I I want to give them a chance.

And if they mess it up, there will be violations, and we definitely know these neighbors know how to get a hold of neighborhood services.

Commissioner Stanton, Madam Sure, I'm in the same boat, but I just seen somebody in the audience that sparked inspired me.

If I'm in a business.

I do concrete and I get inspected.

So like when Mr.

Crockett's company comes and looks at my work.

I can't tell him, oh, I didn't know I'd had to do that.

Oh, oh shoot.

I I I can't say that.

I can't do that.

If I'm in the game or I want to be in the game, I gotta know the rules.

I gotta.

And I can't, I mean, I could plead to Mr.

Crockett's company, oh Mr.

Crockett, I'll work it out.

He's got a job to comply to for compliance.

I've got a job to comply to the regulations.

And if I'm a rookie at it, then the rookie pays the consequences by not passing the inspection.

So it's the violations that's kind of bothering me.

It's the, you know, yeah, you're working out your system.

I mean, I I want to hear, you know, you look at past things.

I want to hear pop, pop, pop, pop.

This is how it's gonna work.

Uh, you know, I heard this like three tiers, three, four tiers of communication, and you know, never that yeah, that's all on me.

That's on me.

I didn't get that.

I worked out my address to get I I need to hear that.

I am also wanting to give them a chance, but I asked the question because if they don't make it, I've if it were me, I'd go right back to the lab and get all this input that I had tonight and come right back with a solid proposal.

If they were me.

But I also want to give them a chance to, but yeah, the vote goes.

Any other commissioner comments?

Would anyone like to make a motion?

Madam Chair.

I would entertain making a motion.

Please, Mr.

Stanton.

As it relates to case 332-2025, uh 3408 East Ham Drive, STR condition to use permit.

I'm gonna be saying this in the affirmative.

I move to approve the request at STR C U P subject to the following.

Maximum occupacy of eight transient guests, a maximum of 210 nights annual rental usage.

Second.

Motion made by Commissioner Stanton, seconded by Commissioner Ortiz.

Is there any discussion on the motion?

Seeing none.

Commissioner Brodsky, when you're ready.

Commissioner Ortiz.

No.

Commissioner Stanton.

Oh gosh.

Yes.

Commissioner Walters.

No.

Commissioner Wilson.

Yes.

My vote is no.

Commissioner Darr.

No.

And Commissioner Goway Jones.

Yes.

Motion fails.

Three to four.

Three to four.

That recommendation will be sent to City Council.

For our next case.

Case Yeah.

Case number 335-2025.

A request by Crockett Engineering Agent on behalf of Broad Park LLC owner for approval to rezone 73.75 acres of property from PD plan development to RMF multifamily dwelling to allow for residential development under an open zoning district.

The subject site is located south of the intersection of Timber Road and Green Valley Drive and includes the address one Broadway Village Drive.

May we please have a staff report?

Yes, me, Madam Chair.

Thank you for that introduction.

We sent out, I believe a record for me, 542 letters on October 20th.

And we also read an ad on the Tribune in October 21st.

Here's an aerial view of the subject site.

So Broadway Village is uh 73.75 acres there, located south of the uh Broadway shopping center.

The uh Hype V in the Walmart is all up there to the north northeast, uh accessed off of uh Broadway Avenue by way of uh access road, uh perfectly uh right down the middle between old 63 and new highway 63.

Um we had a concept review in September of 2025 to discuss avenues for expanding developments and adding residential units here at Broadway Village.

Uh the owners indicated to us that they were looking to add additional units on the property, not to demo any buildings or units that are currently existing on the property.

That was the intent that was given to us uh upon the concept review.

Uh currently the the property is zoned plan development, and the plan was approved in September of 1984.

Um the rezoning is being brought to us uh to ease administrative burdens of the PD plan and any amendments that would uh be requested or required to be requested upon adding any units on the property.

So uh just for context for everybody here under the current zoning, any change to a structure, a parking pad, landscaping all that needs to go through this board as well as city council.

Uh upon rezoning, it would simply be uh a building permit through the building and site development team um subject to a couple criteria that we will discuss here in a moment.

So that's what the purpose of the request is at this point.

It's not for mass redevelopment as intent uh indicated to us as staff.

Uh this is a view of the original PD plan from 1984.

This is uh the plan that is presented to us illustrating the building footprints, where the parking is going to go, the statement of intent, which is to say how many units, what kind of use, uh density per acre, things of that sort.

Uh this is the illustration that was provided to us for that concept review we mentioned earlier.

I'll linger, I see people taking pictures of that.

Uh this is not a development plan.

This is not something they are beholden to.

It is just to get an idea of where the units might be.

Um just for the record, they illustrated some sites along the southeast corner, uh, the south southwest corner, and one to three buildings up there on the northwest corner of the subject's site.

Uh rezoning to RMF in its current configuration would not create any nonconformities with the existing structures, accessory uses.

So I know there's a couple pools and a pickleball court that's on the site.

Uh the current parking, it is overparked for the current UDC at this time.

Um any new construction would have to comply with unified development code, so that includes not only building code, but stormwater uh tree preservation, neighborhood protections, any new parking infrastructure for the new units, etc.

etc.

Uh I don't want to scare anybody with this next one.

Currently, the unit density is 7.54 units per acre.

RMF does allow for up to 17.4 units per acre.

However, with UDC compliance standards, those ones I just mentioned, they're unlikely to hit 17.4 units per acre.

Um additional dwelling unit density could also be mitigated by a traffic study if X asked for by public works.

Uh this is a zoning map of the current uh surrounding context.

So there in gray is a planned development, so everything along the south side of the Broadway shops, uh, that's all PD, everything in red to the top right there, that is all mixed use corridor.

Um surrounding the property is R1 and RMF uses.

The R1 is the lighter yellow and RMF is the darker yellow.

So given the surrounding context to Broadway Avenue, which is a major collector street according to the Catso map.

It's nearby both Highway 63 and Old 63 and more uh traffic corridors.

Um we do believe that RMF zoning would be appropriate in this context.

Uh the Columbia Imagined, our comprehensive plan does identify the site within the neighborhood district in our future land use.

And rezoning this would also support broad goals and policies presented by the Boone County uh and City of Columbia joint housing study, which does identify a need for more housing units in the City of Columbia as we move forward into the future.

Uh we did receive several calls regarding concerns about displacement of residence.

That was both with the concept review and with this this uh most recent request.

Again, the owners have indicated to staff that the intent of this request is to ease administrative burden for new construction.

Um D zoning, demolition permits do not require a PD amendment.

Um they only are required to do a PD plan amendment under new construction, expansion of existing structures, landscaping, things of that sort.

So in the current context, they could demo a building and build within the footprint uh without going through a PD plan amendment, but uh the wouldn't have to go through it, but if they want to expand, they also have to go through a uh plan amendment.

Office of neighborhood services was uh able to confirm with me that if they were to demolish any buildings, they currently have to it uh honor the signed lease and fulfill that throughout uh its and date before a demolition could be sought on the property, unless further legal um action were to be taken if they were to go to civil court to try to avoid that contract or something of that sort.

So I just wanted to have a slide dedicated to that to mitigate any uh concerns from the public.

Uh we did receive one letter of opposition citing concerns over stormwater and flood management.

Um we identified floodplains and floodways that have uh expanded since the original adoption of the PD plan in 1984.

A lot of development upstream has caused these floodways and floodplains to expand.

Uh one step back for a second and then define what a flood way and flood plain is.

A floodplain is an overlay district that we have applied to certain portions of properties to say if you're going to build here, we need an additional permit to make sure that you're mitigating potential over flooding in this area.

Uh flood way is defined by FEMA, and it is for all intents and purposes a no-go zone.

No permanent structure can be built there.

Um the only thing that could be there is certain recreational facilities, be it soccer fields or something of that sort.

Um portions of the property do lay within our floodplain overlay and FEMA floodway identified areas.

I got them ahead of myself and defined those things, but um, yeah, uh floodplains you can construct in there with additional permits from building a site.

FEMA is the no-go zone.

Uh the site is bordered along the Hinkson and how many creeks.

Uh we were able to pull a map of the critical downstream areas that are downstream from these sites, and we were not able to identify any potential concerns with critical downstream areas from the two creeks that we've identified here.

So that was a lot.

Let's show you some maps here.

Um the blue overlay is the flood plain district.

Now you can see here that a lot of the undeveloped area of this site is currently encumbered by flood plains.

Again, to reiterate, um put you could build there.

It would take extra permits.

The hashed area is the FEMA floodways, which they could not develop in a lot of the western portion of the site, or a lot of the highlighted portion there, is under a FEMA floodway as well as the small corner of the southeast uh corner of the lot.

Uh here is the critical downstream area map that we have.

So highlighted in blue here, these very squiggly lines, those are hominy and Hinkson Creek as they flow from northeast to southwest.

Uh none of these highlighted areas that are towards the flow of those two creeks were highlighted as Hinkson or Hominy branch critical downstream areas.

So per discussions with the building and site team as well as internal discussions here with our planning staff, we were not able to identify anything that might be of a concern if they were to expand this lot with uh further impervious services.

So in conclusion, I'm apologize.

That was a lot.

Uh Columbia imagined the housing study that was mentioned.

Uh they both support additional residential development specifically in this area.

The zoning district district that they're requesting is not in conflict with any of the surrounding zoning context, nor would it create any nonconformities with the existing lot.

Uh and any new construction would be required to comply with the currently adopted UDC.

Those building permits would go through the building and site development team.

That would make sure that those structures are UDC compliant when they come in.

So staff's recommendation is to approve the request to rezone the 7.73.75 acres from planned development to multi-pole family dwelling.

And with that, I'd be happy to answer any questions the commission may have.

Before we go to questions for staff, if any of my fellow commissioners have had contact with parties to this case outside of a public hearing, please disclose so now.

Seeing none questions for staff.

Commissioner Brodsky.

Um could you pull up the flood area map that you had?

Certainly.

Yeah, that one.

Okay.

So I see what you're saying.

The floodway versus the uh uh floodplain overlay.

Um in the ordinance and our floodplain overlay ordinance, it mentions um these zones, that A zones.

Is that going to be associated with the FEMA floodway?

Uh the floodway is a separate uh distinction from our floodplain overlays.

It supersedes anything that our floodplain overlays have as far as being a development exclusion zone, if you will.

Right.

I guess what I'm getting at um, and I'm I just had it here in the ordinances, um, but there's there's a section where it talks about um not developing, not doing any fill, maybe permitted within zone AE and the flooded flood drainage area, zone X or other flood areas.

Um does that sound familiar?

Is that ringing about?

It sounds roughly familiar.

What I will say is that upon any sort of building permit that is submitted to us, the when that goes to BSD, they will review it to make sure that is outside of any sort of uh true exclusionary zone as far as that is concerned for the rezoning here.

It is something that we definitely wanted to address, and I want to say thank you for bringing this up ahead of time so I can get these maps prepared for you.

Um but is in in a broad strokes, what's highlighted just in blue could be developed.

Um I would have to triple check what that specific classification is for the flood way.

But from my recollection recollection, the hash zone is areas that FEMA doesn't want touched at all.

Just looking at our ordinances here for the benefit of my fellow commissioners for the floodplain overlay um uh district and specific specifically.

Um B3E.

Um until a floodway has been designated, no development, including landfill, may be permitted within zone AE and the flood drainage area.

So it seems that it's alluding to these areas that aren't in a floodway yet, but are in these other districts that um you know there can't be any fill, there can't be any buildings.

Commissioner Darr, I don't know if you you can weigh in on this a little bit.

Um yeah, I'm not looking at the code exactly, but AE refers to is a FEMA designation on the FEMA floodplain maps.

And it generally means it's uh it's floodplain that has been in a studied river or creek or drainage way that has a flood that has a floodway.

So uh a zone AE would be along a creek that has a floodway.

So a zone X would be on a creek that maybe hadn't been studied by FEMA, and therefore they can't determine where that floodway, where that as he called it a no-go zone, which is a no-fill zone is what uh would be probably more accurate.

Um you can't put any fill in that area, so you can't put any structures or anything like that.

So AE is just referring to the portion of the floodway in a studied floodplain that's outside of the floodway.

Okay.

But I don't know, I'm not looking exactly at what part of the code you're looking for if if that if that if addresses what your actual question was.

Then maybe uh uh Mr.

Crockett can shed some light on some of this stuff too.

Any other questions for staff?

Commissioner Stanton.

Well, that's that to my fellow commissioner.

So kind of add on to what Mr.

Gar is talking about.

These have been studied floodways and they have designations.

The ones that have not been studied cannot be determined way or overlay because they haven't been studied.

You could theoretically build in an overlay, but it would be of great expense.

You couldn't guarantee insurance.

I mean, you know what I mean?

It's like a whole chop your arm off and go talk to the Congress to, I mean from a development point of view, it's not feasible, but it could be possible.

I think my larger concern is uh bringing in fill and bringing it out of the floodway and the effect downstream.

Um and I'm just looking at this ordinance um, you know, that says that including fill um uh may not be permitted.

But um So yeah, I'm sure Mr.

Crockett can shed some light on all this.

Commissioner Darr?

Typically it's not really that uncommon to have development in the floodplain outside of the floodway.

Right.

You just have to get the additional permit.

You have to show that you're not filling in the floodway, or you have to, if it is in an unstudied drainage way, then you have to provide a study showing where that theoretical floodway would be, perhaps, uh, to show that you're not impacting any downstream existing development.

And you have to prove that any structure you build in the floodplain would be above the hundred-year floodplain surface elevation.

So they would just be looking at your development plan and ensuring that any buildings are at least two foot above the 100-year floodplain elevation based on FEMA studies where they have published elevations for those hundred-year elevations.

Thank you.

Any other questions for staff?

Um, can you go back to and I know they don't have to stick to it, but can you go back to the slide with the proposed new building?

Yep.

Okay.

That's what I thought.

It looks to me, without being able to overlay them or put them side by side, that they're talking about building right along the edge outside of even the floodplain is and I know Tim will come up here at some point and probably correct me.

So what they're illustrating from me kind of mentally overlaying these together, um, they are proposing potentially in the floodplain, not the floodway.

And I also want to reiterate that they're not beholden to anything here.

This is just a proof of concept that they proposed.

No, I understand.

It just it it shows us kind of what their brain is at.

But okay.

So these bottom ones, what the one that's to the northwest.

Sorry, can you go back to the floodplain floodway, Matt?

Certainly.

Okay.

Maybe I'm my brain is just making it work because it's a similar shape is what's happening.

Okay.

Thank you.

Um other questions for staff?

Seeing none.

Well, our first speaker on this case, please come forward.

Madam Chair, members of the commission, Tim Crockett, Crockett Engineering Office of 1000 West NIFO.

Um to start off by answering the questions.

Uh Mr.

Bratsky, yes, I mean Mr.

Mr.

Darr is correct on that.

We want to make sure that we're not uh we're not confusing floodway with floodplain.

Uh floodplain uh is an area that we can fill in.

There's FEMA regulations, there's city regulations, there's elevation regulations that uh that we need to abide by.

It's commonplace for development to occur in around the floodplain fringes.

Uh the floodway is a protected area, absolutely no fill, no structures, no obstructions in the floodway.

And so that's the critical area that FEMA has identified that we need to set aside and leave alone.

Uh the floodplain, and they have provisions for that.

They have provisions for us to fill, they have provisions for us to build.

Uh certain, you know, a lot of instances we can build even below the floodplain elevation for certain, not for inhabitable structures, but other types of structures.

So it is certainly uh some of it happens on a routine basis, so that's not out of the ordinary.

In this particular instance here, uh we may be in the floodplain in some locations, uh, but the intent is to try to develop on the on the higher areas uh certainly.

Um again, as staff has indicated.

My clients, they recently bought this property a few years ago.

They have no intentions of tearing down buildings.

Uh they paid a substantial amount for this property for the investment.

Uh that's a great development.

Mr.

Hagen owned this for a long, long time, uh, took great care in this property.

It's about 40 years old.

Uh and I I challenge to find another uh multifamily residential development in this community that looks this good that's 40 years old.

Uh so those structures are staying where they're at.

We just want to be a little more uh diligent with the development that we're doing.

Uh as prices go up, as the city continues to expand, we're looking for places that uh to add development to existing properties.

And development practices 40 years ago were different than they are today.

Uh we didn't get as dense, we didn't get as tight on a lot of the developments that we do uh then as we do today.

And so what we're trying to do is just kind of find some places on the property and utilize those areas to increase density slightly.

Uh as Curtis indicated, you know, our our our current density is about 5.7 units per acre.

And so in a multifamily residential district, that's what I would consider low density for uh for apartment uh development.

So uh we're not going to increase it greatly above that, certainly nowhere remotely close to the 17.4 uh units that would be allowed in RMF.

Um we're not looking to upzone or downzone this property.

I look at it as a lateral move.

Uh with the UDC in 2017, as we all know, several members of this commission were was instrumental on creating that uh that document.

Um we're being encouraged to go with open districts now.

We're being encouraged to develop under those open uh zoning categories.

Uh we have neighborhood protections and we have all these other items in the embedded in the UDC that protects uh everything that a PD plan would uh would would protect.

And so we see this as a lateral move.

It's going to be a lot easier moving forward as we develop, uh takes away the burden portion of coming back each and every time that we want to add a sidewalk, add a small building, add some parking or anything like that.

And so um that's the reason for it.

And again, just want to reiterate that the residents that are there now, they're not going to be displaced.

Leases are not going to be terminated, folks aren't going to lose their homes.

It's going to stay the same with with hopefully with the potential of add-in from units.

So with that, I'm happy to answer any questions uh that the commission may have.

Any Okay.

Great.

And I know what, madam, if I may, Madam Chair may add one item.

Um the stormwater regulation in the City of Columbia, I I know we're sitting down here and there's some concerns with with with a lot of water, some flooding of the creeks.

As this development redevelops, and when I say redevelopment doesn't mean we have to tear down units and to redevelop, we can simply add to the site that's still classified as redevelopment.

The way the stormwater regulations uh work is that there's redevelopment cycles that take place.

And so when I add imperfect surface to the area, obviously we have to do detention and water quality on what we add to it.

But the redevelopment but the redevelopment portion of it also tells us that we have to go back and incrementally start addressing detention and water quality for existing impervious surface.

So back in 1984, they didn't have to do detention.

They didn't have to do water quality.

But as we redevelop this site, as we add units to it, the regulations require us to go back and start picking off some of those items.

So this is going to be one of those instances where really a post-development situation is going to be a lot better than pre-development situation because we are going to address some of those stormwater concerns as the site redevelops.

Just want to kind of mention that.

Thank you.

Commissioner Darrell will start with you and then go to question.

You answered exactly what I was going to say.

I just wanted you to elaborate on the stormwater.

Thank you.

Thank you.

Mr.

Brodsky.

Um just to clarify, uh, Mr.

Crockett, I I'm not opposed to this zoning.

I my my concern was more, you know, seeing the layout of the left where those buildings are going to go.

And then I found this ordinance in the in the flood uh the uh flood overlay.

Can you help me understand just what this zone AE and flood drainage area, zone X?

Now, originally, I think when the UDC was written, there was verbiage in there that talked about not developing in the floodplain.

Yes.

And I think that that was quickly removed or amended uh, I believe.

Um I'd have to go back and ask Mr.

Zinner on that portion.

Um, but we have recently you know done development in the floodplains.

And so it's it's uh, you know, it's not a practice you do every day, but it's certainly something that is on a routine basis.

So um there's a lot of regulations that go into it.

We're very well versed, as is the city and the city stormwater engineers, so they know it all very well.

So um it is, I'm not sure exactly what you're looking for, uh looking at there, Mr.

Brodsky, but uh it certainly is allowable in in the City of Columbia.

Now the floodway is something totally different.

No, I appreciate that.

And and you know, part of this is uh, you know, I'm not an engineer, I don't do this every day, but I when I see this ordinance and it says, you know, no development uh before it's designated as a floodway.

Um that it had some red flags.

Right.

And if it makes reference to floodway, then that is correct.

The floodway we want to stay out of all together.

Uh well this this is referencing areas prior to being designated as a floodway.

Okay, so let's talk about that a little bit with what Mr.

Darr had indicated.

Um this is a studied area.

So FEMA has come through here and they've studied it and they determined what the base flood elevation is, B B F E, you may have heard that term.

Is a base flood elevation and they have studied and said on the hundred-year event, this will be the elevation, theoretical elevation of the flood waters.

Okay.

So they have determined what that is.

Um there are locations, especially in the upper one mile of a waterway.

They may say, okay, well, this area is has not been studied.

We're not going to study to the very top of the watershed.

We're going to stop at this point.

So from here on up, you may encounter flood wave, you may encounter floodplain.

Those are unstudied areas.

And so until those areas are studied, um, and those are usually done by the applicant.

We'll do a uh you know, hydraulic model will study, we'll determine what that base flood elevation should be.

We'll submit it to the city stormwater engineers.

They'll evaluate it and they'll work it out.

Yes, they agree, no, they don't, but we come to a conclusion.

We determine what that base flood elevation is, and then we basically go from there.

And so what that's referencing is until those elevations have been determined and that flood weight has been determined, uh then no filling or no construction can take place in that location.

And that that does make sense because it does reference this upper square mile.

There you go.

Yeah.

So that's all that's all in an unstudied area.

Other questions.

So the flood plain where you are able to build with special permits.

Yes.

Does that cover the areas where you're currently contemplating potential new new buildings?

Some of it.

Not not all of it.

But we're just just a portion of it.

Just you know, just we're trying to keep the buildings out as much as we can.

There may be some parking, there may be some buildings, but uh we have to elevate it.

What the requirement of the City of Columbia is FEMA has said that this is the base flood elevation.

The City of Columbia says we have to be two feet above that base flood elevation.

Now, what you do in that instance is you elevate it, and then FEMA not only has a provision that allows you to develop in the floodplain, but if you elevate it, they also have provision for you to remove that from the floodplain.

And so they've come back and said we don't need the floodplain.

It's we won't need it, we don't need it.

You're allowed to fill it all in.

If you do, you can get what's called letter of map provision.

And we come back in and we say we've filled it, we give them the documentation, they review it, and then they say, okay, that portion is no longer in the floodplain.

Do you know?

I used to live over there, and I know most of those apartments were there before I moved in, and that was God help me, 25 years ago.

Um you know when the last building was done on that site?

I do not know.

Um I'm not sure what.

I mean, the PD plan was approved in 1984.

Uh I don't know the construction schedule and when they were when they were all built.

Okay.

Not familiar with that.

I feel like some of it is pretty new.

But maybe it just got repainted and when you say pretty new.

I mean years and not 40 years.

Yeah.

Um I know there's some more recent development further to the to the to the east.

Okay.

Uh that's not on this property.

But I believe most of these units Oh, yeah.

So I believe most of the units in this development would probably date back into the 80s, maybe not 80, 45, but definitely I believe in the 80s.

Yeah, the stuff over in the between there and highway 63.

It's probably what I'm thinking about.

The one I know the right where it says RMF, I know that that area there is probably 10 or 15 years old.

Okay.

Any other questions for Mr.

Crockett tonight?

None.

Thank you very much.

Next speaker on this case, please come forward.

D dock and 804 again.

I'm going to make the standard Sierra Club comments that are made every time we're filling floodplain.

For one thing, FEMA is very out of date.

Rain events are much higher.

And their regulations, letting people come in and just put fill in, they're just saying, well, we're going to protect the structure.

They aren't talking about what they're doing to the floodplain.

The floodplain has the soils there have developed over hundreds, maybe thousands of years, are very absorbent.

They're a big sponge to soak up water, and we are getting more and more of these heavy rain events.

When you fill it, you've lost that.

So it may be legal, FEMA makes it legal, but they are they have obsolete maps, and it's not good practice to build in the floodplain.

Anything else?

No.

Any questions for you would give us a lot more tonight, Ms.

Dawkins.

Uh next speaker, please come forward.

Hi, I'm Joe Moscato at 607 Randy Lane.

I have a question and comment.

My property back's right up to the southeast corner on the other side of Hingston Creek.

So I I when you showed the plan to blew it up and you saw where the buildings are.

I couldn't tell.

Are they on still on the north side of Hingson Creek?

They're not on the south side.

I couldn't tell you.

The hominy branch would be the southern one and it would be north of that then.

In terms of what the discussion was we were just having, um if you fill and raise that side, the north side, Hinkson Creek, does that increase the risk of flooding my property on the south side?

And how is that how how is that gonna be measured, mitigated or whatever?

My question for I guess Mr.

Crockett.

Sure.

I I could I could field it too.

If um so that's kind of where the floodway comes in when they do their when FEMA does their hydraulic modeling, they they try to they model it and they determine the hundred-year floodplain, the limits of the hundred year floodplain, um, by calculating how much water they think is gonna go through this drainage way and the limits where the water will reach as far as horizontally the limits and then vertically the elevation that it'll reach.

Then they do a separate model to establish the flood way, which is where you can't have any fill.

That is a theoretical line that they they model it and it takes it's it's iterative, but they they push in the sides of each side of the floodplain as if it was being filled to infinity and keep on filling it until they get an elevation that is one foot higher than what the natural hundred year elevation is.

So that theoretically, if you filled the entire floodplain, the floodplain, not the floodway, if you filled that entire area all the way up to the to the sky, then the hundred year elevation would not rise more than one foot.

So if they filled their whole side, it's not going to raise the water any more than one foot, and that's where that two-foot structure elevation has to be raised because theoretically, all the area that they allow to be filled, if all that is filled, which probably would never happen, but if theoretically it was, the hundred-year flood point elevation would not rise more than one foot.

On the other side, on my side.

Anywhere, yeah.

Okay.

And my up pretty I'm pretty high.

I'm on a bluff, so I'm up pretty high, but I just wondered about that.

Yeah, generally one side is to that.

That's also in that areas.

We we can ask you to come later.

Thank you, Tim.

Um anything else, sir?

Or any other questions for the speaker?

I was just gonna say, Madam Chair.

Commissioner Santon.

You can definitely get that young man's information behind you or have a side conversation to kind of break that down a little better for you so you understand it.

Thank you.

Yes.

Thank you very much for being here tonight.

And yeah, that question may be better answered outside of the public hearing between Mr.

Crockett and Mr.

Moscato.

Um, as it it's probably very specific to that piece of property.

Any other speakers here tonight?

Please come forward.

Good evening.

My name is John John.

Office is at 1000 knife long boulevard.

Um here tonight on behalf of my client uh Dan Hagen.

Dan Hagen developed that the last building was built in about 87.

Um he is fully in support of this.

Um he just wanted me to come and make a comment that a couple of years ago he came to get a little office zoning on the corner, just in front of it, and the neighbors came out and opposed that.

We hope that they get theirs, and then uh at some point when he he's not gonna develop it, he's gonna sell it to somebody who's gonna put an office building on it, hopefully.

Uh when he gets ready to do that, that um this this body and the city council will be in favor of it.

We've got any questions.

Thank you.

Any questions from Mr.

John?

Saying none.

Thank you so much for being here tonight.

Anyone else to speak?

Please come forward.

So my name is Juntek Pop, and I live in 48 Broadway Bridge.

So basically, yeah, I'm the tenant of this this area.

So of course, at first, when I heard this story, so my first concern was oh, am I am I going to be evacuated?

But okay, so as long as if you clarify that there's no building, current building is demolished, demolished.

Okay, that's that's okay.

So one concern I want to raise is now okay.

Currently, this area, there's two entrances, but practically, so people because of the there is a signal, traffic signal.

There's only one entrance is used because of that in the morning.

It's a highest uh the cars are lined up.

So in this case, yeah, my concern is that the only entrance maybe is going to be more crowded.

Okay, so okay, that is one thing, and then the other concern is yeah, I love these plays just because of very low density and lots of green areas.

So, but yeah, our landlord decides to build more.

Okay, I guess I can stop it.

But just one thing I can just ask you is just preserve the current green area as much as possible.

I think that'll be good for our current the tenants or SLS, so for just a nice good look on this Columbia City.

So that's that's one thing I am just asking.

Thank you.

Thank you for being here tonight.

Any questions?

Thank you very much for being here.

Next speaker on this case, please come forward.

Hi, I'm Rick Pace.

I live at Five Broadway Village.

Can you get a lot closer to that?

I'm sorry.

You tall folks.

Can you repeat?

Okay.

Um Rick Pace of the Five Broadway Village.

Um in that neighborhood.

Uh can you state your address, please?

Five Broadway Village.

Thank you.

Partnage.

Uh what I'm curious about is along Moon Valley Road.

It goes through the floodplain and the flood uh whatever the other word was.

Is that gonna be access to the new development?

If so, that's underwater a lot.

Uh when it rains heavily, that's that that's just it's underwater.

Also along Moon Valley Road is a uh big sewer main.

Uh so I'm wondering if construction is done along, you know, that that on the on the on the south uh what is that south west corner?

Will that affect the sewer main?

If so, who's gonna pay for that?

Um and also along Green Valley Drive, if there's gonna be more traffic, that's a shared uh bike lane.

Uh so there's uh there's considerations I think past flooding, because I mean uh and I guess another thing is who's gonna pay for the tenants' flood insurance because it's mandatory to have flood insurance in a floodplain.

So is that gonna be something that they'll have to do, or is that something that's gonna have to be you know through uh uh the the corporation broad park LLC?

So those things I'm curious about.

Thank you very much.

Any questions for this speaker?

Seeing none, and I would encourage you to also get contact information.

Thank you.

Next speaker.

Please come forward.

My name is Dennis Langdon, and I live at 2800 Green Valley.

Uh there's a saying we all live downstream.

Well, I live right across the creek on Harmony Branch.

And uh the one development that is more recent, 2700 Green Valley, as I'm sure created more flooding on my property.

And if they put some more buildings and more uh impervious uh pavement in the area, there's gonna be even more.

And uh another concern that he mentioned is the traffic.

We have uh two drives that come in, and anybody coming off of Broadway doesn't have a stop sign.

The three-way stop sign, and everyone doesn't always recognize that three-way stop sign.

It's a hazard.

The bike path is a very blessed thing for our community.

That's gonna be impacted by this too.

Thank you.

Any further questions for the speaker?

Seeing none.

Thank you very much for being here.

A third of our property floods.

If you want to come back to the microphone, you can, but otherwise we don't get you on the transcript.

One third of our property at least floods when there's heavy rains.

And I know right next to that creep there, they're gonna get water on that side.

And it's if it doesn't go there, it's gonna come over on the other side.

Thank you.

Uh questions?

No.

Thank you very much.

Any further speakers?

Please come forward.

I live at 2800 Green Valley Drive.

And like my husband was saying, we live right there.

Um I I just feel like this is a complicated enough proposal that they're asking to have it be easier to build here.

And I think that's a mistake.

You know.

We've talked about how the uh FEMA has has sometimes changed the lines.

There's climate changes are happening.

I don't think we know everything we need to know for the future.

I think we need to have serious discussions every time there's a development change.

And I am very concerned about these low areas that they're planning on building and the effect, as the as Dee had said about the effect on the water, the water and the land.

Anyway, that's my thoughts.

Thank you.

Any questions for Ms.

Langdon?

Thank you very much for being here tonight.

Next speaker.

Seeing none, we will close public comment and go to Commissioner Comment.

Any commissioner comments on this case?

Commissioner Darr.

Well, I think this is just good planning for the city.

I don't see any issues with this.

I think it's is the way the city wants to go to get rid of the planned zoning.

There's so many protections as far as buffering and screening and traffic and storm water.

So I'm voting yes on this for this.

Any other commissioner comments?

Commissioner Brodsky.

Um Yeah, I'm uh echo Commissioner Darr's comments.

I was initially um some red flags with the with the flood zone uh stuff, but I I think I've been um satisfied with the answers I received there.

I I'm kind of coming at this from you know, let's just picture that none of these buildings are here.

This wasn't developed.

It's a green field.

You know, would we rezone this today as RMF?

And I think the obvious answer to that is yes.

Um so that's where I'm I'm gonna land.

Any other commissioner comments?

Commissioner Walters?

Just a minor note about the the last speaker.

I think there's misunderstanding somehow about why what is easier.

And I think uh actually what they're going to do is is self-impose additional restrictions by making this change because the standards today are much more restrictive than they were 40 years ago.

Um not I'm not offering a blanket endorsement of everything that's being proposed, but I think there's a often a misunderstanding about when uh when someone proposes because they want to make it easier.

It's just because they're even the staff no longer supports PD zoning.

They don't want to ever see it happen again.

So I don't see that as a major reason for doubting the wisdom of doing this.

Any other comments?

Commissioner Stanton.

I wanted to echo my my colleague that just spoke.

He is correct.

What it does is it makes it easier for us to bust Mr.

Crockett's butt if he doesn't do what he needs to do.

By a B V zone, now we can really get a Mr.

Crockett's, you know, into his books there, and if he doesn't do what we want him to do, then it's easier for us to bust his butt.

So I think this is the way to go.

Any further comments.

Yeah, I mean, I would point to the portion of the staff report that specifically talks about it's you know about halfway down page one, there's a paragraph that specifically talks about all of the new UDC standards for stormwater, tree preservation, neighborhood protections, which includes screening, parking, et cetera, that were just non-existent in 1984.

When I look at the 1984 plan compared to what a PD plan is today, with uh, you know, a fully built out, you know, all of the all of the restrictions, all of the stated uses, all of the all of the things, this is pretty bare bones and doesn't require many of the things that our UDC requires specifically for environmental protection.

Um, I will be very curious to see if they are even able to get a floodplain permit for some of these areas given especially um the amount of impervious surface now.

They may be able to, but I have faith that our UDC and and the current restrictions will require them to do a lot of study before they can break ground on anything new for sure.

And I am very much in favor of dropping a lot of these older PD plans in favor of straight zoning for the reason that let's forget about the buildings.

If they just want to replace the pool or take down the pickleball court and put up a bike shed or anything, they have to come to us and go through this whole process again.

There is no reason for that if they're just trying to, you know, renew some of their uh uh accessory buildings or parking structures or parking lots that may need to be upgraded.

I mean, you know, talking about environmental protections, if they wanted to go in and replace all of their impervious parking surface with an impervious surface, they couldn't do that without coming to us.

And so I I think I'm in favor of getting rid of unnecessary regulation in favor of the very strict regulations that we already have in place through straight zoning.

That's kind of where my head is at.

But uh if I am proven wrong, I will eat my words within five years, I'm guessing.

Um like to make a motion?

Madam Chair.

Commissioner Santos, as it relates to case 335-2025, one Broadway village rezoning.

I move to approve the request to rezone the 73.75 acre acres from PD plan development to RMF, multifamily dwelling.

Second.

Moved by Commissioner Stanton, seconded by Commissioner Ortiz.

Is there any discussion on the motion?

Seeing none, Commissioner Brodsky, may we have a roll call?

Commissioner Ortiz.

Yes.

Commissioner Stanton.

Yes.

Commissioner Walters.

Yes.

Commissioner Wilson.

Yes.

My vote is yes.

Commissioner Darr?

Yes.

And Commissioner Goway Jones.

Yes.

Motion carries.

Thank you.

That recommendation will be forwarded to City Council.

For our next case, case number 337-2025, a request by Lauren Baxter agent on behalf of Bridgeville Investment Series LLC, Series 6 owner, to allow 1603 Woodmore Court to be used as a 210 night maximum eight guest short-term rental pursuant to Section 29-3.3 V V and Section 29-6.4M2 of the Unified Development Code.

The four bedroom three bath home has a attached two-car garage and driveway capacity to support two UDC compliant one site parking spaces.

The 0.19 acre subject site is located at the southern terminus of Woodmore Court, approximately 490 feet southeast of its intersection with Dahlia Drive.

May we please have a staff report?

Yes, you may.

Thank you for the introduction there.

Just to expand on that, as for public notice, we sent out early notification postcards on the 6th of October, public hearing letters on the 20th of October, and there are 30 of those distributed.

And we ran an ad in the Tribune on the 21st of October.

Here's an aerial of the site highlighted in red here.

This is an R1 zone property.

That is not the applicant's primary residence.

It is the adjacent properties are similar similarly zoned.

R1.

Uh the street is act as a local local residential street that has uh sidewalks installed on either side of the street and permits on street parking.

This is a four-bedroom, three bedroom, single family home that requires four parking spaces, giving the requested eight transient guests.

This will be uh through two parking spaces in the driveway and two parking spaces in the garage to meet the uh compliance.

This uh property has not been previously offered as a short-term rental, and there are no additional short-term rentals within 300 feet of the property.

Nine of the 25 parcels within one 185 feet of the subject site were R used for rental purposes.

The designated agent lives in Columbia, uh six miles from the property, or roughly 11 minutes according to the applicant.

We received one request uh asking what the request is for, just clarifying what a short-term rental was, what that all entails, and there are no violations on record.

In conclusion, uh condition and use permit analysis supports technical approval, the short-term rental regulations of private oversight and means to address impacts.

The approval supports broad policies, strategies, and action of the comprehensive plan, and it is staff's recommendation to re approve the requested short-term rental CUP subject to a maximum occupancy of eight transient guests, a maximum of 210 nights of annual rental usage, and that the two-car garage be made available when the dwelling is used for short-term rental purposes.

I'd be happy to answer any questions.

Thank you.

Before we go to questions for staff, if any of my fellow commissioners have had contact with parties to this case outside of a public hearing, please disclose so now.

Seeing none.

Are there any questions for staff seeing none?

We will go to public comment.

Any members of the public who wish to speak, please come forward.

My name is Frank Lewis.

I live at 17825 Elm Grove Road, Platte City, Missouri.

Um we are the owners of the property.

Um I am a licensed real estate broker in the state of Missouri, and I uh I own and operate a residential property management company in Kansas City.

We manage um a little over 300 properties.

Uh we bought this property with the intent of spending time with our family.

My oldest daughter, well, my wife and I, who's here both graduated from a zoo, love Columbia.

Um my oldest daughter graduated from the nursing program from Azoo.

She's currently a NICU nurse at the University Hospital.

Uh, my son-in-law is uh an extension agent uh with uh with the university as well.

Uh my youngest daughter is a sophomore here.

So being empty nesters, our kids are in Columbia, we're in Kansas City.

We tried to figure out how do we get it together.

My oldest daughter is getting ready to have babies.

We want to be close.

And so part of what we're doing until we get to retirement is trying to find a way to we'd be able to afford to have this home until it till it's our permanent home.

So we're doing a little bit different.

Uh we bought the house before before we bought the house.

We talked with Patrick at the city to try to find out is short-term rental is that viable?

Is it something that we'd be able to do?

We spent expensive time with them, sent us a lot of references uh information.

Uh from there, I reached out uh to Lauren Baxter, who is a uh uh realtor and licensed agent, um, a property manager for own short-term rental and managed short-term rental to find out information from her to find out that it was viable.

From there, we purchased the property.

Um we spent about a hundred thousand dollars just um cosmetically um rehabbing it, bringing it up to the standard, furnished it with new furnishings.

Clearly, this is a home that we're gonna live in that we want to live in.

Um definitely is not a situation where we're gonna have uh single-night rentals, um, underage rentals, um, not looking for party scene.

Um I swe my wife and I went out and spoke with all the neighbors around the cul-de-sac, or we approached every knocked on the door.

Um we talked to about half of them.

We talked about 12 houses.

Um when we didn't weren't able to connect with them, we left a letter saying sorry we missed you.

I also sent out a mailing to everyone on Woodmore Court, which is far beyond what's required.

I also went through Abbeywood Court and sent letters out to all of them as well.

Everyone who we sent letters to has my cell phone number.

And I invited them to come over to see the house.

If we're approved, they'll also have Lauren and Colin Baxter's cell phone numbers as well.

They live locally 11, 10 minutes away.

They're uh my agent, and they're also going to be managing the property on my behalf.

So they would be the ones that we call if anything happens, um, though the owner or all the neighbors do have my my uh contact.

Things like mowing the yard, that the neighbors across the the the street from us have a little mowing business, they mow the yard.

So things like that.

We've got already um uh looked out ahead of time, so there shouldn't be any surprises on our side.

So thank you.

Sure.

Uh any questions?

Commissioner Walters.

Kudos to you for the thorough outreach you've you've just summarized for us.

Yeah.

It and our thing is this: these are our neighbors.

We're gonna have to live here.

We want them to like us.

So we've like I said, they know they know my kids' names, they know the all the neighborhood kids know my daughter's dog, his name bean, they come up and pet him.

So like we're trying to embed ourselves into the community.

Any other questions?

Um, I have one.

You're uh this is series six of a series LLC.

Correct.

Are any of your others also uh short-term rentals?

And I guess specifically I am curious because you mentioned Kansas City, and I know they have some pretty strict STR ordinances.

Um they do.

You can't just go get one anymore.

So all of our my wife and I are investors.

Um we buy properties in general to make money.

Very different with this.

All the rest of those are long-term rentals.

Um we don't do anything less than a 12-month lease at any of our properties.

Um again, I also manage those professionally.

Um this this is the only short-term rental we had, and that for that reason, I know enough to know that I need somebody local and somebody professional who um who I vetted, a lot of conversation with.

She knows her stuff.

Um I feel very confident that she's gonna do an awesome job for us.

Okay.

Any other questions?

Commissioner Stanton.

Not here yet.

We can't wait to have you here.

So ask the question you heard all night.

Stuff is the fan, who's here, who's calling, who's getting there quick, and how quick are they getting there?

Right right back there.

I need to do their numbers, how close are they?

They're 10 minutes away.

Heard me all night.

So yeah, you are um quick.

Yeah, they are they are 10 minutes away.

And again, I again I work in the industry where stuff hits the fan.

Um it's absolutely you have to take care of it immediately.

You get a letter saying something's wrong, you've got to take care of it.

Um again, all the neighbors have my phone, my cell phone number.

They also have uh a Lauren's as well, so they know exactly how to get a hold of us.

Again, we are we have been here, so we've spent 45 of the last 90 nights at the house here in Columbia.

So we're able to work locally as well because we can do remote work.

Any other questions?

Seeing none.

Thank you very much.

Thank you all very much.

Any other member of the public to speak on this case tonight?

Please come forward.

Seeing none, we will close public comment and go to Commissioner Comment.

Any commissioner comments?

See Commissioner Stanton.

I like that applicants are learning what we're looking for and adjusting quickly.

Quickly.

This has got to work.

They've got to be good neighbors, they've got to be good business people.

I'd like to entertain a motion unless you got something to say, Madam Chair.

I do actually.

Okay.

On that point, I appreciate and you know a lot of times when we have a short-term rental that comes forward where the owners say, I didn't know, I got three notices, and that's how I found out.

You know, I whatever the issue is that have been in operation.

The fact that someone that doesn't live in town, but bought a property with this intention, knew what to do and applied before they started operation, tells me that our city staff's efforts to get the word out and make the application process available and easy are working.

And I commend you for doing that before you just opened up and went, I'll list it in the middle of the application process, which some people have done.

So I I think this is how it should be working going forward as we get through this backlog of illegal operators.

So thank you.

I see no problems with this application.

Now, Commissioner Stanton, if you would like.

I just wanted to get that off my chest.

Great comment, Madam Chair.

Thank you.

As it relates to case 337-2025-1603 would more court STR conditional use permit.

I move to approve the request to STR CUP, subject to the following.

Maximum occupancy of eight trans A guest, a maximum of 210 nights of annual rental usage, and two-car garage be two-car garage be made available when the drilling is used for STR purposes.

Second.

Motion made by Commissioner Stanton and seconded by Commissioner Ortiz.

Is there any discussion on the motion?

Seeing none.

Commissioner Brodsky, may we have a roll call?

Commissioner Ortiz.

Yes.

Commissioner Stanton.

Yes.

Commissioner Walters.

Yes.

Commissioner Wilson.

Yes.

My vote is yes.

Commissioner Darr.

Yes.

And Commissioner Goway Jones.

Yes.

Motion carries.

Thank you.

That recommendation will be forwarded to City Council.

Next case, case number 338-2025, a request by Stacy Mattingley agent on behalf of Kristen Stacy Mattingley owners to allow 717 Campus View Drive to be used as a 210 night maximum seven guest short-term rental STR pursuant to Section 29-3.3 V V and Section 29-6.4M2 of the Unified Development Code.

The three-bedroom two-bath home has an attached two-car garage and driveway capacity to support two UDC compliant one-site's parking spaces.

The point one seven acre subject site is located at the terminus of Campus View Drive, approximately 475 feet east of its intersection with UMC Drive.

May we please have a staff report?

Yes, you may.

Thank you for the introduction.

Again, the only thing I'd like to add that here is that we send out early notification postcards on the 6th of October, public hearing letters on the 20th October, and there are 31 of those.

And we again ran an ad in the Tribune on the 21st of October.

Here is an aerial of the subject site in red again.

This is an R1 zone property.

That is not the applicant's primary residence.

It is the adjacent properties are also uh zoned R1.

It is access off a local residential that has sidewalks installed on both sides and also allows entree parking.

This is a three-bedroom, two-bathroom, single-family home.

And with the seven uh requested transient guests, it requires four parking spaces.

To meet compliance, there would be two parking spaces in the driveway and two parking spaces in the garage.

This property has not been previously previously offered as a short-term rental, and there are no additional short-term rentals within 300 feet of this property.

13 of these 16 parcels within one 185 feet of the subject site are used for rental purposes.

The designated agent lives in Columbia, about 17 uh 17 miles or roughly 25 minutes from the subject property according to the applicant.

Staff did receive two letters in opposition.

Both uh were kind of echoing a concern about losing the character of the neighborhood and kind of a concern with uh potential traffic congestion as well.

Then we also just uh had a call uh asking about the allowed proximity of other short-term rentals within relation to this one.

There is one that is just outside of the 300-foot buffer, about 310 or so feet to the south there.

Uh again, with like the last property, there are no uh previous violations on record as well.

In conclusion, the conditional use permit analysis supports a technical approval.

The short-term rental regulations provide an oversight and means to address any impacts that are imposed.

The approval approval would support broad policy strategies and actions of the comprehensive plan, and it is staff's recommendation to approve the requested short-term rental subject to a maximum of seven transient guests, a maximum of 210 nights of annual rental usage, and the two-car garage be made available when the dwelling is used for short-term rental purposes.

I'd be happy to answer any questions.

Thank you.

Before we go to questions for staff, if any of my fellow commissioners have had any contact with parties to this case outside of a public hearing, please disclose so now.

I have well uh I have one question, and it's a silly one.

But I'm just curious.

Is this which ward is this?

Is this fourth ward?

I think it's three off the top of my head.

I'll take off the top of your head as classic.

I want to say three.

I don't know.

To be completely frank.

Like I said, just a I don't know if it's within the Seven Oaks Neighborhood Association if that helps.

That helps, yeah.

Thank you.

Locate this uh property.

Thank you.

That helps.

All right.

Any other questions for staff?

Seeing none.

We will uh go to public comment.

Any members of the public who are here tonight, please come forward.

Yep.

Name and address for the record, please.

Hi, my name's Stacey Mattingley, and I live at 549 Lexington Landing in St.

Charles, Missouri.

I had a bunch of stuff prepared.

I'm gonna go over a few of it, but I I know just listening to you guys over the night that a lot of it's beating a dead horse.

You've spent a lot of time creating these regulations and rules for a reason because you've done research of how this affects uh the neighborhoods and everything.

So, first off, we purchased this home as an investment because we enjoyed it.

You need to pull the microphone toward your mouth.

See, I'm not short.

Or I'm not tall, but I still can't hear me.

Okay.

So we purchased this home and is an investment because we enjoy spending time in Columbia.

We visit often for work.

My husband has work in Columbia.

We are here for college activities, camps, and sports.

My daughter's best friend actually is running the cross-country state meet tomorrow, so we're gonna catch that.

She runs in the afternoon.

We currently own and self-manage two other properties, short-term rentals in Missouri, not in Columbia, in Missouri.

This is my full-time job.

This is all I do.

So I take great pride in the properties that I manage, and I do all the details from guest communication, neighborhood communication, maintenance, cleaning, all of that goes through me.

I'm hands-on with all of my properties.

Um all of my guests get my cell phone.

I have one cell phone, they get my cell phone number, they get my email, all of the neighbors get my cell phone, get my email.

I've gotten calls in the middle of the night.

Like I'm available for anybody with anybody with any concerns whatsoever.

Um we are proud superhosts.

I have majority five star reviews.

I've not gotten anything lower than a four-star.

Um, and to do that, you just have to keep good properties.

You have to have good communication, and we've done that um over the last two years at those two properties.

We're looking for guests that are families, alumni, um, professionals, even people coming in for medical treatments.

Somebody mentioned it earlier tonight, and I actually worked a little bit with the Missouri Orthopedic Group.

Um, and I would see patients coming in two hours around for big back surgeries, and they'd have to be in town for a week, and you need a place to stay.

So that's what we're looking for.

I do not want parties, I do not like those guests.

We have a way of screening them, making sure that everyone is doing what they're supposed to.

Um we enforce quiet hours.

I've got the ring cameras, I've got um there's a system called noise aware that actually measures decibels so that if there's any noises that I can be on top of that.

So I do take that very seriously.

We want to be good members of the community and keep things under control.

Um as mentioned before, there's six 16 properties around us, 13 are already already rentals.

They're not short term, but they're rentals.

So that could be anything from 30 days to a year, whatever.

So it fits into this neighborhood.

Um I did read over those two emails that came in.

And I think once again, like this fits in the neighborhood.

That was one of the concerns that it didn't.

Um you guys already know how it affects property values, really well-maintained property Airbnbs can actually increase property.

Um, the other thing with those two neighbors, I actually went and tried to knock on their door to talk to them.

They weren't there because they are property owners, they're renting their homes.

So the traffic concern, the change in the neighborhood, like it was a group of three guys in a couple, you know, running for college and the others are um right out of college.

They work at the VA do different things.

So the people that complained aren't even living there.

So I just wanted to point that out on.

Um we look forward to trying to get this up and running.

We also talked with Patrick and David prior to purchasing the property over the summer.

I had them check multiple different properties to make sure we are following all the guidelines and doing everything right.

So that's where we're at, and I would love to answer any questions.

Any questions for the speaker?

Commissioner Walters.

It's a real minor question.

What was the decibel decibel monitor thing you mentioned?

It's called noise aware.

Noise aware.

Yeah, you can do it inside the house.

It's it's legal through Airbnb.

You just have to disclose it, and you can put them on the outside.

Um there's a couple different ones that do that.

Um, a couple of different brands, but it'll send you notifications.

You can even sign up for a service that has outsourced where they call and contact the patient or patient, sorry.

Um the renter.

Interesting, thank you.

Yeah.

Um Commissioner Wilson.

I was gonna let it go, but why not let it go?

Um I understood your note about the renters.

They are still residents, and it is still important that we hear from them if they feel like there's a problem.

So it's okay that they, you know, shared, even though they're not the homeowner.

No, I'm sorry.

It was not the renters that had the issue, it was the homeowner.

Okay.

I spoke uh the the people that were in the home were on board.

And actually, the three gentlemen that I spoke to.

Um I asked them about traffic and parking because that was something that that the homeowner had mentioned.

And I have been there a lot to fix a property and I've not noticed traffic, and parking hasn't seemed to be an issue.

But they have three big trucks and they're on the street, and I just asked if he had noticed any traffic.

He's oh no, it's fine.

We park on the street all the time.

Thank you.

Sure.

Any other questions?

Um This is not a factor at all in our decision here, but there is an HOA there.

It I would be careful and reach out to them because most of the time when we get an Airbnb application in an HOA, we have the HOA here saying that violating our agreement, which is not our job to enforce and is out of our control.

But since you don't live in the neighborhood, you might watch for that.

Um then I also just wanted to ask you to my point after the last case.

Um, how did you become aware that there were regulations in Columbia that you should pay attention to?

Googled it.

Thank you.

Any other questions for this speaker?

Seeing none, thank you for being here tonight.

Anyone else to speak on this case?

Seeing none, we will close public comment and go to Commissioner Comment.

Any commissioner comments on this case?

Commissioner Stanton.

This is a great presentation.

Answer the questions.

I didn't I didn't even get to rough anybody up.

I mean it all the questions were answered and everything was just great.

So I didn't attend a motion after my colleagues finish the discussion.

I think we're ready.

Are we ready?

Yes.

Alrighty.

As it relates to case 338-2025 717 Campus View Drive, STR conditional use permit.

I move to approve the requested STR CEP subject to the following.

Maximum occupancy of seven transit guests, maximum of 210 nights of annual rental usage, in addition to a two-car garage made available when the dwelling is used for an STR.

Second.

Motion made by Commissioner Stanton, seconded by Commissioner Ortiz.

Is there any discussion on the motion?

Seeing none.

Commissioner Brodsky, may we have a roll call.

Commissioner Ortiz.

Yes.

Commissioner Stanton.

Yes.

Commissioner Walters.

Yes.

Commissioner Wilson.

Yes.

My vote is yes.

Commissioner Darr.

Yes.

And Commissioner Goway Jones.

Yes.

Motion carries.

Thank you.

That recommendation will be forwarded to City Council.

Last case for the evening, case number 04-2026.

A request by Devin Kelly owner to allow 302 North 9th Street to be used as a 210 night maximum for guest short-term rental SDR pursuant to Section 29-3.3 V V and Section 29-6.4 M2 of the Unified Development Code.

The two bedroom, one bath home will have to install a driveway accessing North Ninth Street to ensure that the required two UDC compliant on-site off-street parking spaces exist prior to the final licensure of the dwelling for STR use.

The.12 acre subject site is located on the east side of North 9th Street, approximately 70 feet north of its intersection with Park Avenue.

May we please have a staff report?

Yes, you may.

Thank you for that introduction.

We sent out postcards on October 6th.

We sent out 80 letters to owners and tenants on October 20th, and a new tribune ad ran on uh October 21st.

Uh here's the aerial view of the subject site.

So this is right at the uh northeast corner there of 9th Street.

And oh, I'm blanking on that horizontal street.

But the important part of this map here is that there is an existing short-term rental that is pending approval by City Council on November 17th.

That was at 308 North Ninth Street.

I believe we heard that a few weeks a few meetings ago here.

Uh here is a street view of the site that is not their driveway, that is the driveway.

Uh it's been indicated to us that that is the driveway of the owner to the left of this house.

And as mentioned, they will have to install their own driveway if they pursue uh certificate of compliance.

So it's zoned RMF and is not the primary residence.

It's a two-bed, one bathroom home uh per the bedroom size.

The maximum occupancy would be six per the IPMC.

Uh it has operated as a short-term rental since November of 2023.

Uh we weren't provided any usage data for last year.

Uh 45 of the 50 parcels within 185 feet of the subject site are uh as per our analysis used as rental purposes as mentioned, uh case 307-2025.

We had an additional short-term rental within 300 feet, three houses to the north of this site.

Uh we identified three code violations, two for solid waste that are uh closed and one for illegal short-term rental operation.

We sent them notice on September 28th and then received an application on October 3rd.

Uh designated agent does live in the county.

They're 15.9 or 25 or 50.9 miles, 25 minutes away from the subject site.

We received five letters of support citing the property maintenance and the responsibility of the property owner being favorable in this neighborhood.

Um and as mentioned, they will need to construct two UDC compliant parking spaces off the street and on the site prior to any sort of certificate of compliance or business license being issued to this applicant.

Uh in conclusion, the conditional use permit analysis supports broad approval for compliance.

Short-term rental regulations provide oversight and uh means to address any negative impacts and the approval supports broad policies and actions of the comprehensive plan.

Staff's recommendation is to approve the short-term rental conditional use permit subject to a maximum maximum occupancy of four transient guests, maximum of 210 nights of annual rental usage, and the installation of a UDC comp uh compliant parking space capable of supporting two parking spaces prior to the issuance of a certificate of compliance or business license.

I'd be happy to answer any questions the commission may have.

Thank you.

Before we go to questions for staff, if any of my fellow commissioners have had any contact with parties to this case outside of a public hearing, please disclose so now.

See none.

Questions for staff.

Commissioner Wilson and then Commissioner Darr.

I do have one question.

And it's just about um how we'll be moving forward with documentation.

I notice that for Mr.

Atala's I don't remember if that's how we say his name, Atala.

His case, there's actually a listing of violations.

But that is not the same documentation that we have for this one.

So how will we are we going to list when there are violations or or was that just a one-off?

Um I I suppose I'm not following here.

We it are you referring to the if you go back to case number 332-2025.

There is a link in the agenda to the STR violation document.

Oh, okay.

I see.

So going forward, is that something the commission would uh appreciate?

Is that us actually like I'm asking if that's going to be what we do moving forward because I see an inconsistency that there's not one on the present case.

Uh I'll run that up to Mr.

Zenner and see if that's something that we can go through going forward.

Um in the previous cases when there's been a uh code violations, at least with my case, uh that hasn't been something we've linked, but going forward, totally can do that for you, no problem.

Thank you.

Um but to elaborate the two cases were um roll cards being out late.

So uh those are solved.

No uh tickets or anything were issued at for those two cases.

And there was also the violation of operating the STRA.

Right.

Illegally.

Yes.

Thank you.

Yeah, uh sorry, Christian Arn, just one second.

I think what Commissioner Wilson is saying is that we have a full copy of all of the STR violation letters and the summons.

Um for some reason on one of the cases, but not the other.

And I can't remember who prepared them.

I don't know if you did them both or if David did one.

Well, I'm not throwing anybody under the buses.

With with 332, that was David Koontz's case.

There was I'm going to kind of step in his shoes here for a second.

Uh with special consideration to that one's going to to court.

To court, okay.

Right.

So there's probably extra consideration there.

Um but like I said, I can run this up to Mr.

Zanner and see if this is something that we can include going forward.

But either way, I just think consistency is what we're asking for.

Absolutely.

We're not asking you to do extra stuff.

We just want to make sure that we're consistent in what we're providing case to case.

Yep.

Understood.

Yeah.

Okay.

Sorry, Commissioner Dar, go ahead.

Has theft done any analysis on how the parking would fit in the yard?

I believe in Mr.

Zenner and the applicant have had conversations about how this would go.

I mean, it has to go through building and site development to get that parking space approved where that would go.

Uh as far as like our analysis goes, like as long as they were able to provide it, that's fine.

They won't be issued anything until they get those parking spaces on this on the site and off the street.

And it would have to meet the UDC requirements for 18 and a half feet long, eight and a half feet wide.

And the percentage of open space maintained.

Yep.

It just looks really tight.

So I mean I could just foresee like to meet the letter of the law, they won't be able to get it, but then we've granted them a short-term rental, so they might feel like they I don't know.

I'm comfortable saying, probably saying yes to this, you know, even without saying proof that they can fit the two parking just is just I guess on their at their risk unless they've done substantial enough analysis to feel comfortable that they can fit those parking spaces in there.

Yep.

Sorry, Commissioner Brodsky, did you have your hand up as well?

No.

Okay.

Commissioner Wilson, go ahead.

Oh, sorry, Commissioner Ortiz and then Commissioner Wilson.

If the applicant um cannot provide the two parking spaces and still wants to go through with getting like a um the or doing the short-term rental, can they go to the Board of Adjustment after approval?

I do believe that we had a similar case in Benton Stevens.

Um I forget the East West Street.

Um, but I do believe that they are pursuing a BOA um uh decision on whether or not they could waive that.

Um that's kind of a new instance, so I won't speak directly on that.

That may be something they could pursue.

Again, we don't have a co-pilot here, so I can't really defer on that, but that might be some an avenue that uh other people are presuming uh pursuing, so they may be able to as well.

Yeah, that was uh Ken German's uh uh application on Windsor Street uh there uh that was just heard before council and that was discussed about the possibility of board adjustment.

Now there's no guarantee that the Board of Adjustment will grant that variance, but that is a possibility.

Thank you.

Yeah.

Um good?

Okay.

To the parking question would an easement with a parking pad in the back where they've got more space be UDC compliant?

I do believe that would be compliant so long as they meet impervious surface, so long as the uh uh green space is maintained.

Uh as long as all those other regulations are adhered to, uh there's nothing against having parking spaces in the rear of the property.

So if that I think in one of the letters that we got, it characterizes that as a shared driveway.

I I do believe that as long as the parking spaces are on their site.

Right.

The a shared access easement along the north of the property to those two parking spaces would be totally fine.

Okay.

I just want to make sure, which I I think is the point we were trying to make is we don't want to give them false hope that they have a license if there's no possibility that they could put UDC compliant parking anywhere on their own site.

Um other questions for staff.

Seeing none.

We will open the floor to public comment.

Any members of the public who wish to come forward, please do so.

Hi.

I'm Devin Kelly.

I reside at 9955 East Owned School Road in Hallsville, Missouri.

I'm not property owner.

Uh I'm excited to be here tonight because this is evidence the system is working.

It's all you know, it's taking a lot to get to this point and it's it's working.

So I'm a Columbia native.

I'm a local business owner with two business locations in the first ward.

Um I uh I was a kid living in the first ward and I graduated from Hickman High School, so um the first ward is is important to me.

Uh thank you for your years of time and effort to get to this point.

I did attend city council meetings before these regulations were passed and got to hear a lot of the work and dialogue and challenges that brought everything to this point where we could have these conversations.

So uh thank you for your time and that.

People have no idea what went into that.

Um I just saying I get to see what a massive undertaking that was, you know, to a small degree.

Um and I do take compliance seriously.

Um this is an extension of our primary residence.

Um one of my business locations, All-Star Automotive is one house over.

And so I'm there quite a bit.

Um it's also a landing space for my wife and our baby sometimes throughout the week.

Um my most vital employee stays there two days a week.

He lives in Lee Summit, Missouri, and he stays at this uh at our um home there on 9th Street two days a week.

That's a very helpful part to uh his function in my auto repair business.

Um my wife poured herself into this into the interior renovation.

If you guys have gotten to open it up and see in the links, the inside is very interesting and um it I believe contributes positively to the Northeast Village Arts District, which my business all star automotive is a member of.

And um we I personally regularly engage neighbors by phone and in person.

Um I've had two abandoned cars removed from the street over this past couple of years, and I look out for my neighborhood quite a bit.

It's um you know, I say my neighborhood because we don't just own the residence there, but with my business being there, um, you know, it's it's it's a very important street to me.

But um so as uh um as it's operated, as I've alluded to there as a short-term rental, um, it's had uh 100 percent five star reviews from renters, uh a total of 77.

Um and uh regard to our availability.

Um the last concern that a guest had um had a response within 10 minutes from both my wife and I.

This is my wife Kara.

Um it's not a profitable um enterprise for us.

You know, we've we've had 38 bookings this year, but it is a long-term investment for us and in our community there on the street.

Um exterior renovations begin after recovering from the driveway build.

Uh you guys were certainly on to something with your curiosities about the driveway.

And I just wanted to go into that part because that's been quite a complicated undertaking uh as you guys have quickly caught on to some of the intricacies of that.

Um March 17th of this year, uh I reached out to Pat Zenner and eventually discovered the parking challenges that the property presented.

Um it's a legally non-conforming regarding the parking of the property um outside of being a rental.

Uh as you can see it doesn't have a driveway and um, you know, at first glance certainly doesn't have much room.

The back of the home, it doesn't work uh based on the easements and all the things.

That was my first attempt because that's where we had people parking initially was in the backyard.

They there's a gravel parking lot that neighbors the backyard.

It's a very nice, easy access to there.

Um in my pursuit of being a good neighbor and getting to know my neighborhood, I discovered the person that owns that property, they weren't comfortable with us using it that way.

So um we engaged them and um created a a formal lease document where we rent two spaces from them.

It's on their gravel parking lot and their gravel parking lot is actually on our property line a little bit, so it's just this big open space.

And so now we have a formal lease uh agreement with them, the Bar Talks.

They own quite a bit of property around here.

Uh and it works very nicely.

Now, those are technically off-site, even though it's physically kind of on our set.

It doesn't meet the you know the requirement here, but um that's what we used to make sure this didn't impact, you know, um traffic on the street and things like that.

Um, you know, people could still park in our backyard through there.

We do now have formal permission, but um I've had length, you know, conversations at length with Mr.

Zenner, and that's just not an appropriate way to approach it.

So um anyway, uh March 19th, I engaged contractors to initiate the front driveway project.

Um between April and June, after a significant efforts to confirm the logistics of the driveway and keep the contractors moving forward, we established it for multiple reasons.

The giant tree that was in the front yard was gonna have to be removed.

Um it was leaning north over to the neighboring home and driveway as a very large tree, had a lot of big dead limbs that have been falling on the road in the driveway.

So um in July, we got on the waiting list to have the tree removed from a tree company.

August the tree was removed.

Um August through September, uh we pushed the contractors and finally got them to put in the site plan.

They submitted that to the city.

Um, you know, the end of uh September we received that letter from the city about uh noncompliance.

And I'll even say arguably, you know, um application should have been in sooner.

You know, people in my position, we didn't need that letter to know this was not being done properly, you know what I mean.

Um this was a very complex thing for us, and my focus was on figuring out how to get it compliant, and so significant efforts over multiple months working with Mr.

Zenner, figuring out how to get that done.

If it was even possible, were it in play.

Um so when we got that letter, um, it was actually um on the first October 1st I re-engaged Mr.

Zenner to say, hey, this thing isn't ready, but I I really feel like the city is saying apply.

So that's what we did.

Um and it was it was on the first that I got his help to help to to assist me in getting that push that pushed in.

And so um yeah, we got we got that in right away.

It was actually uh the 29th or the 30th when I got that letter to our home and and I opened it.

It was the next day engaged Mr.

Zenner and we moved forward as quickly as possible.

So yeah, we got that in.

I think it was by the it was the second that they they received it on the third and acknowledged you know, receipt of it on the third.

Um the city rental inspection happened on the ninth, and uh we did apply for dual licensure long-term and short term because we know it may not, you know, get a conditional use permit.

We've got to keep the property functioning.

So we've figured, you know, we'll make it a midterm, long-term, you know, whatever whatever it takes to be legal as a rental.

Um so yeah, the long-term rental license was approved and the permit for the driveway was approved uh by um uh Rob Merson from the City Right of Wynn, he expressed approval of the driveway on 1014, um, and we did pay for the um the permit and application.

Um yeah, this weekend dight marks all the utilities.

Uh the contractor has 20 days to uh get that construction going before we'd have to call dig right again.

Um yeah, it's been quite a move to push these contractors, but we're getting it done.

So uh with that, um, I'll just close from there and answer any questions.

Oh, I I did just want to say that uh I think you'll get a chance to kind of ruffle some feathers with me because this one's obviously not a clean fit.

So anyway.

Questions Questions.

Commissioner Darr.

I would just say I appreciate you going through all what you went through for the for the parking uh in the in the driveway.

Commissioner Brodsky.

Yeah, I was just gonna echo that.

Um, you know, we we have cases as you you've seen tonight where folks get multiple letters and and it takes a little bit, but uh you you were right on it, and it sounds like you were working towards that anyway.

So uh very much appreciate that.

Anyone else?

Hi.

You came to our hearings before we passed this into law.

You knew it went into effect on June 1st.

You were having it listed as an Airbnb after enforcement.

That's correct.

Why I appreciate that question.

Thank you for asking.

And I expected that question a lot of other people's hearing and I hadn't heard it.

And uh I was like, I need to be prepared to answer that because that is the reality of the situation.

And um the property as a short-term rental, it isn't meaning it's nut to crack, you know, essentially out of desperation for keeping the property going because I was very confident that we could get to this point.

It was there's these are excuses posing as reasons.

There's not a legitimate reason.

You know, just anyway.

Um it was an effort to to cash flow enough to get it to this point because we saw the inevitability of big costs happening with getting it legal, and I knew it was going to take a lot of years to recoup from that.

So I would say desperation of trying to get it to cashful enough to get to this point.

Were you not advised that you could go ahead and start the application process and not necessarily finish the process until you were ready?

I'm sure I was.

Um I'm admittedly a recovering overthinker.

And um so I had it set in my mind that we had to have this thing like really ready upon you know, putting the application in.

So I mean to answer your question directly, I'm sure I probably was.

It wasn't really the way I perceived it, but I I think that I am more disturbed by your failure to apply than I am in some of the folks that were like, I had no idea I was living in this world where apparently I don't Google things or get the newspaper.

You knew.

And the fact that you continued to operate knowing and and knowing that you would not be in compliance if you did apply is um concerning to me because it tells me that you're willing to wait until someone calls you on the carpet.

You're not proactive, even though you're proactive in getting the information.

So help help me feel better about this, I guess.

Like you say that you were in contact with Mr.

Zenner.

March is one way.

Back in March.

Yeah.

Like was that regular contact?

Was that talk to him in March and then didn't talk to him again until you got a letter?

Like, we had a lot of conversations over the phone and email uh where I was trying to understand the complexities of the getting it compliant.

There's just so much such a learning curve for me to understand how the zoning works with regard to well, even things like the proximity of the driveway to different lines, the size of the driveway, what that means, because we had to first explore the backyard and other things.

So I was really lost in the learning curve of getting through all the minutiae to figure out what it takes, I guess.

I was really stuck in that space of the learning curve and uh trying to get those things just right.

You know, I kind of uh recovering um, you know, overthinker on the side of perfectionist, and I was really stuck in that place where there was so much information I knew I didn't know, and I was trying desperately to figure it out and and really get it right.

Well, it it's unfortunate because otherwise, I mean, this is almost textbook for why we allow short-term rentals anyway.

It's a smaller home, it is literally in downtown.

It is from the pictures, cute um on the inside and the out.

Like this is what the modern Airbnb envisions.

It envisions a home but close to all of the things.

It's even the original Green Book BM Airbnb envision of hey, somebody owns an extra house a couple blocks away or 30 minutes, not even 30 minutes possible, it's not that far.

But um it's unfortunate because otherwise this is slam dunk for me to say yes.

And then I hear that you knew exactly what we were doing, and you knew you were violating exactly what we were doing, and you knew that even if you had applied, you wouldn't be in compliance with what we were doing.

And rather than applying anyway, so that you're delaying enforcement on your particular property.

You waited until we sent you a letter.

And and that I'm not saying I'm a no, I'm saying that kind of gets to me because it's flaunting the law.

It's not being willfully ignorant of the law, even it goes further than that.

Do you un understand why I'm saying that?

Like, I believe I do, yeah.

Okay.

All right.

And I'm just saying it for the record to make sure that everyone knows that we are aware we have considered, and then the vote will will fall where it falls.

But yeah, and I feel like it's important I'm transparent about those things.

Yeah, yeah.

And I appreciate that.

I appreciate that you didn't try to, you know, blow smoke and be like, oh, I had no idea when you're I I can't stand hearing that.

Because these people that that are ignorant, I I just I I have a really hard time believing because of how much information there is out there, to be honest.

But I I guess I didn't feel like I to me it wasn't clear that putting in the application would um would be something that was uh I don't know if appropriate is the right word, but something that that made sense for where we were with it.

I I guess to me it just didn't um it didn't seem like it really fit because I felt like no, I've got to get it, I've got to know what it takes, and I've got to get it there, you know.

And when I got the letter, um I reached out to Pat immediately.

I was like, I I believe this means I should just apply anyway.

You know, essentially he's like, duh.

Well we better move forward.

Yeah.

Well, and I appreciate that you also have the long-term certificate, because that that will be helpful too.

And that that could have let you do like nurse BNB or something while you were in the midterm.

But anyway.

Thank you for for bringing that up because that's something that I've wondered about with so many other cases that I that I've heard, and so I appreciate that.

It's brought to light.

So because that's a real fact of this.

And I mean, our our construction friends here will tell you, people come in for three-month jobs all the time.

My dad's in that situation right now where he's living in Tennessee, you know, through Thanksgiving and has to find some place that will let him rent for a month.

Um anybody else, Commissioner Wilson.

So the last point uh that our chairperson made was on my mind because you mentioned continuing to rent as an STR because you needed to offset the cost of the upcoming charges for putting in the driveway.

And because you have that certificate, that would have been a way to offset the cost in a way that was legal.

So I just want to put that out there.

Trevor Burrus, Jr.

Could you explain just a little bit more for me so I understand that better, please?

Yes.

You could have rented through your long-term license to gain revenue to offset the cost.

Thank you.

Anyone else saying none?

Oh, sorry, Commissioner Santin, go ahead.

You raised your hand.

Yeah, I mean, you know, I don't even have any must to say, but I'm glad you came to the light.

I'm glad you were crystal clear and transparent.

I got you know me.

You've been watching me all night.

I've I waited for these mamas, but yeah.

Come into the light at any, you know, we rather you came before June.

But thankful for all on the sword.

Thank you.

Uh seeing no one else.

Thank you so much.

I appreciate it.

Anyone else to speak on this case, please come forward.

Name and address again for the record, please.

All right, thank you.

Uh my name is Cara Kelly.

Um I live at 9955 East Owens School Road, Hallsville, Missouri.

Um Devin's spouse and also owner, other owner of this home.

Um, I'd like to thank uh the Planning and Zoning Commission for their time.

Uh many of you have been working tirelessly on this project to improve our community, and I'm deeply appreciative of the work that you do.

Thank you.

Uh my husband and I have a great love for Columbia.

I have lived here for 18 years, and I've lived in all six wards.

My husband, a Columbia native, was born and raised here.

To us, 302 North Ninth Street is more than a short-term rental.

It's a creative outlet and a way to contribute to our community.

My husband and I bought Woody's Auto Center, now known as All Star Automotive East, located at 222 North Ninth Street in 2022.

Um I saw 302 North Knight Street go up for sale in 2023, right next to All Star, I felt a strong connection to this home.

Uh this home being on the northern edge of downtown and in an area that's predominantly rental housing found felt like a great space to be able to share with others.

I was experiencing burnout from my job as an oncology nurse and desperate for a creative outlet.

And I've always had a passion for interior design and a love for hosting.

And with the help of my husband, we were able to turn this into a fun, funky eclectic space that I hope we can share with our community for many years to come.

As a short-term rental, this is not our primary residence, but we do use it as an extension of our primary residence.

Um as Devin mentioned, there's a many days of the week where I will go into town with the children and be right next door to the business just as he needs.

He's he's there frequently.

Um it's also extension of our family's out of repair business.

Uh if our application is declined, you know, and we had to go to midterm rental or long-term rental, okay, but we would lose that option for us to be able to spend as much time as we do there.

Um I do feel like that is important uh to mention as well.

Um, long-term versus short term.

I feel like short-term rental, I'm there a few times a week.

I'm, you know, it's a secondary home for us, and if it was a long-term rental, I probably wouldn't be there and like, you know, coming in, let me clean the house and let me decorate for Halloween, and you know, that'd be kind of weird.

So we take our role as property owners and operators seriously.

Uh when we first took over this house, the back of it was actually pretty dark, and sometimes we found unhoused individuals staying back there in the bushes.

Uh we invested in some real security improvements.

Uh, we put ring security light that is on all night and records the air area.

We have better relationships with our unhoused neighbors, nearby renters and owners.

We've at every every guest who stays.

I go on their profile and I look at their reviews.

I look to see have they had complaints.

Um sometimes I even go if they say it's themselves and three other people coming up, who's coming to the house.

I've seen where some rental sites they ask for everybody's ID and some things like that, and I want to look a little bit more into that.

But sometimes I monitor the outdoors can outdoor cameras to ensure that everything's running smoothly.

And our neighbors have our direct contact information.

Um in all of our time of operating, we haven't had a single complaint from our about our guests.

This isn't about monetizing SEC football weekends for us.

In fact, sometimes those turn out to be the most challenging bookings.

I'm a firm believer that Columbia natives and college alumni should be able to visit our city without having to pay a thousand dollars plus for a hotel or a place to stay on a football game weekend.

Um if you look at our Airbnb listing, not only will you see all the hard work we've put into our home, but you'll see that we have the glowing reviews.

We strive to provide an excellent space through thoughtful design, attention to detail, and maintaining good standards within our community.

Ultimately, our goal is to improve and share the neighborhood with others.

Thank you for your time.

Just as Columbia has given so much to my family over the years.

I hope to continue sharing our corner of it with visitors through this home.

I respectfully request your approval of our short-term rental license so we can keep welcoming guests to Columbia while providing affordable lodging options and keeping our neighborhood vibrant and accessible.

We're committed to maintaining the quality and care that our reviews reflect and to being responsible, engaged neighbors in this community that we love.

Thank you.

Any questions for this speaker?

Seeing none.

Thank you.

And it is adorable.

Okay, thank you.

Yeah.

All right.

Anyone else who wishes to speak on this case, please come forward.

Seeing none.

We will close public comment and go to Commissioner Comment.

Any Commissioner comments.

Commissioner Stanton.

Looking at my colleagues, if my colleagues have nothing else to say, I've been entertain a motion, Madam Chair.

I believe we're ready.

As relates to case 4 dash 4 2026.

302, North Ninth Street, STR Condition, use permit.

I move to approve the request to SCR C E P subject to the following.

Maximum occupancy of four transit guests, a maximum of 210 nights of annual rental usage, and an installation installation of a UD UDC compliant parking area capable of supporting two parking spaces prior to the issuance of a SCR certificate or compliance or business license.

Second.

Motion made by Commissioner Stanton and seconded by Commissioner Ortiz.

Is there any discussion on the motion?

Seeing none.

Commissioner Brodsky, may we have a roll call?

Commissioner Ortiz.

Yes.

Commissioner Stanton.

Yes.

Commissioner Walters.

Yes.

Yes.

Commissioner Wilson.

Yes.

Yes.

Commissioner Darr.

Yes.

And Commissioner Goway Jones.

Yes.

Motion carries.

Thank you.

That recommendation will be forwarded to City Council.

That concludes our cases for the evening.

We will now go to public comments.

If there are any public comments of a general nature, please come forward now.

Seeing none, we will go to staff comments.

Who gets to do that tonight?

It's to be me.

Sitting in the left chair feels so important all of a sudden.

So I guess uh no comments.

I don't think I'm supposed to make any up, but we'll talk about the upcoming cases.

Uh thankfully we have a little bit of a lighter caseload next week.

We are hearing the 1500 North 7th Street.

I believe that's been tabled twice now.

That's the consolidated water final plat.

Uh we're also hearing a rezone from PD to MOF on 202 North Old 63.

That's at the northwest corner of uh Stevens Park.

And we have a STRCUP at 411 McMain.

Uh here are your maps for those three associated cases for your reference.

And I think that's all we really need to go over over here.

Thank you.

Are there any commissioner comments for this evening?

Seeing none.

Uh Commissioner Stanton, was there something you wanted to say?

I was gonna ask if there's any additional conversation that needs to be.

I think we're good.

I think we're gonna do that.

Well, entertain a motion to adjourn then, Madam Chair.

Is there a second?

Second.