OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

November 20, 2025 Planning and Zoning Commission Meeting Summary

Video ArchiveThursday, November 20, 2025
BodyColumbia, Missouri
SessionVideo Archive
DateThursday, November 20, 2025
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
0:04

I will now call the Thursday, November 20th, 2025 meeting of the Planning and Zoning Commission to order Commissioner Brodsky.

0:11

May we please have a roll call?

0:14

Just go back to her.

0:16

Okay.

0:16

Okay.

0:17

Um I apologize.

0:20

I forgot to see look back to see who voted first.

0:26

I did last time.

0:27

You did.

0:27

Thank you.

0:30

Perfect.

0:31

Commissioner Stanton, you are first this round.

0:34

So Commissioner Stanton.

0:39

Are you Are you here?

0:40

Here.

0:41

Oh, you get a wall call back there.

0:44

Commissioner Stockton.

0:46

Here.

0:46

Commissioner Walters.

0:48

Here.

0:48

Commissioner Wilson is absent.

0:51

I am here.

0:51

Commissioner Darr.

0:53

Here.

0:53

Commissioner Goway Jones.

0:55

Here.

0:56

Commissioner Gray.

0:57

Here.

0:57

And Commissioner Ortiz.

0:59

Here.

1:00

We have a quorum of eight.

1:02

Thank you very much.

1:04

Are there any changes to our agenda this evening, Mr.

1:07

Zinner?

1:08

No, there are not.

1:10

Is there a motion to approve the agenda?

1:12

I moved to approve the agenda.

1:14

Second.

1:15

Moved by Commissioner Stanton.

1:16

Seconded by Commissioner Ortiz.

1:18

Is there a thumbs-up approval on the agenda?

1:21

Unanimous.

1:23

We all received and there was publicly distributed the November 6th minutes of our regular meeting.

1:28

Are there any changes or adjustments to the minutes?

1:32

Seeing none, is there a motion to approve?

1:34

I moved up with uh minutes from November 6th, 2025.

1:38

Second.

1:39

Uh moved by Commissioner Stanton, seconded by Commissioner Ortiz.

1:43

Is there thumbs up approval of the minutes?

1:45

Unanimous with Commissioners Stockton and Gray abstaining.

1:50

Thank you.

1:51

Moving to our first case for the evening.

1:53

Case number 284-2025, a request by Crockett Engineering Agent on behalf of Consolidated Public Water Supply District No.

2:08

1 and a design adjustment from Section 29-5.1D regarding construction of sidewalks.

2:14

The approximately 3.56 acre subject site is located northeast of the intersection of Nebraska Avenue and 7th Street and includes the address 1500 North 7th Street.

2:25

This item was previously tabled at the October 23rd, 2025 Planning Commission meeting.

2:30

May we please have a staff report?

2:31

Yes, you may, Madam Chair.

2:32

Thank you for that introduction.

2:34

So we renotised or we re-advertised this case because it was tabled for the required amount of time that we'd have to readvertise.

2:41

So we sent back out postcards on October 21st, sent out 19 letters on November 3rd, and ran another ad in the Tribune on November 4th.

2:49

Here is an aerial view of the subject site that is uh Providence on the western side and rangeline on the east, as well as the I-70 corridor there to the north.

2:57

This is on the northern end of North 7th Street.

3:01

Uh the street terminates about halfway up the uh western portion of the subject site.

3:06

So uh a little bit of background here.

3:08

Consolidated water owns the current uh property.

3:11

They are looking to construct additional proven improvements on their IG zoned property.

3:15

It's accessed office 7th Street.

3:16

Um because it was created via a track split.

3:19

It is not currently considered a legal lot per our definition of the UDC.

3:22

So this planning action is looking to correct that so that way they may be able to pull building permits.

3:27

Um they have driveway access off in North Seventh.

3:29

Um and North Seventh, this specific portion of it was created via street easement.

3:33

It was not fully built out along the uh western portion of the site, and as such, no sidewalks were ever constructed as well.

3:40

Um and as mentioned, they are requesting a one-lot final plat and a partial waiver for sidewalks along that western portion of the site.

3:47

Uh to correct the street easement issue, they are looking to dedicate right of way along that western portion of for the full length to um remedy that with this planning action as well.

3:58

Um the applicant will not be required to build any of that street out.

4:02

That will be on uh the city side in order to finish.

4:05

They are dedicating a 20-foot utility easement along the north side and a 10-foot along the western side.

4:11

Uh part of that process was moving a private electric utility easement.

4:16

They had to vacate the easement because it extended out into the portion of the right-of-way that they were being dedicated to, uh, runs from the BEC uh building there to the east.

4:26

And um along the top, kind of truncates the curb uh the curve on the northwest side and then runs directly to the building.

4:33

So what they ended up doing is they ended up moving that electric line into the public utility, which our legal council looked at and said that was all well and good.

4:41

So that's out of the way for a right-of-way dedication so that way we may go through and do any improvements that we may need to.

4:48

Um with this plat, they are looking to seek a design adjustment waiving part of the sidewalk construction.

5:00

The property to the north is owned by Boone County Electric and may be affected by Modot's current uh I-70 corridor expansion project, which the details of which will be published uh beginning of next year if we are understanding it correctly.

5:07

So at this time we really don't know what North 7th Street is going to look like.

5:10

They may extend it out to the northern portion of the site, may not, depends on what that ends up looking like.

5:16

So what we discussed with the applicant and what they are willing to do is a partial payment in lieu for everything to the north of where the street currently terminates and to build out sidewalks on the southern portion of the site given that this uh flat is approved.

5:32

Um so with that payment in lieu, if we end up extending the street, we can go ahead and build that ourselves as the city.

5:37

If we don't, then we can take that uh chunk of change and we can go ahead and use that somewhere else along the uh business loop corridor to further expand and connect the patchwork sidewalk uh network that currently exists over there.

5:52

Um per our analysis as staff of the design adjustment criteria within the UDC.

5:57

We support a partial waiver of sidewalk construction, uh the construction of sidewalks beyond where the street is currently built yet, may not yield any potential benefits in the short or long term, and it doesn't seem like super necessary at this time.

6:09

Uh it also gives us a little bit of leeway for the future as to what that sidewalk network actually ends up looking like given the surrounding developments and the uh potential I-70 corridor improvements uh and the applicant's willingness to take part of some of the sidewalk construction.

6:25

Uh staff would took a look at everything that was bestowed in front of us and said that this is probably the most appropriate way forward to address that specific requirement of a subdivision action.

6:36

So in conclusion, the UDC design adjustment criteria supports partial waiver of the sidewalk construction requirements, and this plat would grant legal status upon the lot, which would then mean that consolidated water could continue to uh request building permits for expansion of existing facilities on the site.

6:52

So staff's recommendation is to approve the requested partial design adjustment to waive requirements for sidewalk construction and dedication.

7:00

Oh, it's just not the end dedication, they're not waiving any dedication.

7:02

I apologize on that.

7:03

They are just waving the sidewalks along the uh western right of way on North Seventh, pursuant to Section 295.1.

7:10

And they uh the recommendation to approve the requested two lot final plat to be known as consolidated water plat number one.

7:16

With that, I'd be happy to answer any questions.

7:18

Thank you.

7:18

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.

7:27

See none questions for staff.

7:31

See.

7:32

Oh, go ahead, Commissioner Ortiz.

7:33

I'm confused on what the recommendation is because on the screen it doesn't say anything about the pay and low.

7:40

Uh I apologize for that.

7:42

So if you uh would like, I can go ahead and uh read it directly from the staff report, which is the same.

7:47

I have it pulled up, but maybe it might be helpful for others.

7:50

Yeah, uh if you'd like me just for the record to read exactly from the staff report, I can go ahead and do that just so that way.

7:56

Yeah.

7:56

So the design adjustment portion is to approve the requested design adjustment to partially waive the requirement that sidewalks be constructed along the site's north 7th Street frontage, subject to a payment in lieu in the amount of 23,653 and 17 cents prior to recording of the final plat with the recorder of deeds.

8:14

So if you've got that pulled up, I can also pass along my copy as well if that helps.

8:18

I apologize for that.

8:19

Thank you.

8:21

Thank you.

8:22

Any other questions for staff?

8:25

Seeing none, we will close public comment or sorry, close public comment.

8:29

We will close staff report and go to public comment.

8:34

Please come forward, state your name and address for the record.

8:37

We do six minutes for the applicant and groups, three minutes for individuals.

8:49

It's a straightforward final plat with uh of course the sidewalk variants that goes along with it.

8:54

Uh the sidewalk, uh, this is a little bit different we've seen before.

8:57

Um my client is proposing to build the sidewalk adjacent to the existing 7th Street.

9:02

So um the portion that is there, the street says there, we'll put sidewalk in in that portion.

9:06

But the portion we're asking for the design adjustment for is for the section that doesn't have any 7th Street.

9:11

So it doesn't make a lot of sense, we believe, to uh install a sidewalk adjacent to no street.

9:15

Um and so uh consequently we are uh we are uh agreeing to the payment in lieu of 23,653.

9:22

Um we believe that makes sense.

9:25

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

9:29

Are there any questions for this speaker?

9:32

Uh go ahead, Commissioner Long.

9:35

I guess it should have asked staff because it on the written report it says requested one lot final plat.

9:42

And on this screen it says request a two-lot final plat.

9:45

I apologize.

9:46

It is a one-lot plat.

9:48

Okay.

9:49

That's it.

9:50

Thanks.

9:50

Thank you.

9:52

Yeah.

9:54

I don't know if there's a way to adjust the slides midstream.

9:58

Otherwise, I would suggest it, but it's okay.

10:01

You don't have to.

10:05

Just since, you know, I know we've got fans out there who are watching it.

10:13

Okay.

10:13

Any other members of the public to speak on this case.

10:18

Seeing none, we will now close public comment and go to Commissioner Comet.

10:23

Any Commissioner comments?

10:26

Seeing none.

10:30

Would someone like to make a motion?

10:33

I suggest reading it off the staff report.

10:35

Is it one at a time?

10:37

Or is it we can do both?

10:39

Jesse.

10:40

Do you want two votes or one?

10:43

Let's do design adjustment and then you're going to be able to do it.

10:50

Yes, please.

10:50

Yeah.

10:51

Let's do that.

10:51

Design adjustment and then plat.

10:53

Two votes.

10:57

As it relates to case 284 2025.

11:01

Oh.

11:02

1500.

11:04

Of course, one card falls in the entire house falls.

11:07

No, it's it's okay.

11:08

1500.

11:10

Um.

11:12

North 7th Street.

11:16

I move to approve the requested design adjustment to partially waive the requirement that sidewalk be constructed along the site's North 7th Street frontage, subject to the payment of a fee and lieu and the amount of $23,653 and 17 cents prior to recording of the final plat with the recorder of deeds.

11:40

Second.

11:41

Moved by Commissioner Ortiz, seconded by Commissioner Gray.

11:46

Is there any discussion on the motion?

11:49

I will just say that in a rare move, I will actually be voting in favor of this sidewalk waiver for the sole reason that there is not a street there yet.

12:00

I know I'm usually a pretty reliable no vote on sidewalk waivers, but thought I would make that comment for the record.

12:07

Commissioner Ortiz.

12:19

Any other discussion on the motion?

12:23

Seeing none.

12:24

Commissioner Brodsky, when you are ready, may we have a roll call on the design adjustment?

12:28

Commissioner Stanton.

12:29

Yes.

12:30

Commissioner Stockton.

12:32

Yes.

12:33

Commissioner Walters.

12:34

Yes.

12:35

Commissioner Wilson is absent.

12:37

My vote is yes.

12:38

Commissioner Darr?

12:39

Yes.

12:40

Commissioner Goway Jones.

12:42

Yes.

12:43

Commissioner Gray?

12:44

Yes.

12:45

And Commissioner Ortiz.

12:47

Yes.

12:47

The motion carries.

12:50

Would someone like to make a motion on the platten action?

12:54

Don't press control C.

12:58

You did so well the first time, Commissioner Ortiz.

13:00

Would you like to do so?

13:01

Ortiz, you started it.

13:03

Okay.

13:05

I'm what do I say?

13:09

You move to approve the requested.

13:11

I move to approve um the I can't do it.

13:17

I'm sorry.

13:17

It's okay.

13:19

I can do it.

13:20

Go ahead, Commissioner Walters.

13:21

Well, the screen just disappeared.

13:25

One moment.

13:26

Sorry.

13:27

Okay, I just read it right here.

13:29

I just don't have the case number.

13:32

Regarding case number 284-2025.

13:35

I move to approve the recommended one-lot final plat to be known as consolidated water, comma plat number one, subject to technical corrections.

13:44

Second.

13:45

Moved by Commissioner Walters, seconded by Commissioner Gray.

13:50

Is there any discussion on the motion?

13:54

Seeing none.

13:56

Commissioner Brodsky, when you are ready, may we have a roll call.

14:01

Commissioner Stanton.

14:02

Yes.

14:03

Commissioner Stockton.

14:05

Yes.

14:05

Commissioner Walters.

14:07

Yes.

14:07

Commissioner Wilson is absent.

14:09

My vote is yes.

14:10

Commissioner Darr?

14:11

Yes.

14:12

Commissioner Goway Jones?

14:14

Yes.

14:14

Commissioner Gray?

14:16

Yes.

14:16

And Commissioner Ortiz.

14:18

Yes.

14:19

Motion carries.

14:21

Thank you.

14:21

That recommendation will be forwarded to City Council and my apologies to Curtis for throwing everything up in the air.

14:27

I did not mean to do that to you.

14:31

All right.

14:32

Moving on to our next case for the evening.

14:35

Case number 06-2026.

14:38

A request by Dominique and Stephanie Lee, owners to for approval to rezone 0.43 acres of property from PD plan development to MOF mixed use office to allow the existing home on the subject property to be used for future business endeavors.

14:52

The subject site is located at the northeast corner of North Old Highway 63 and East Walnut and includes the address 202 North Old Highway 63.

15:00

Maybe please have a staff report.

15:02

I will try my best.

15:16

This is again on the northeast corner of East Walnut and Old 63, so just north of Stevens Lake Park and the horse stable that is there to the west.

15:26

So the owners originally approached us looking to see how easily they could get a short-term rental in the existing single family home that's on the site.

15:34

Personal the analysis by staff.

16:31

We did discuss mixed-use corridor and mixed-use neighborhood zonings, but deemed way too intense of a use at this site given the surrounding conditions and what was in the city council minutes.

16:41

So as we took a look at that, we do acknowledge that MOF is more intense than the currently permitted PD uses.

16:48

However, doing so would get this site more uh incongruence with the goals of the UDC and Columbia imagined.

16:55

So the site is accessed via a loop driveway that connects Old 63 to East Walnut and it goes eastbound and then turns south and connects to East Walnut.

17:05

Um now I do want to make clear that a rezoning of this case would not instantly permit a short-term rental.

17:10

They do still have to make that request once this case is uh is decided upon.

17:16

Um we're just simply discussing the merits of if MOF is appropriate at the site, which would grant them STR uh uses, which is what they're trying to do.

17:22

But I did want to make sure that we made that clear just because they could turn around at some point and uh sell this and it could become an office uh with this zoning.

17:30

So in conclusion, staff um supports a MOF uh zoning because we do them think it is appropriate at given the applicant's intent of use in the surrounding context and the STR use that they are looking to achieve would still have to be applied for separately from this request.

17:46

The staff's recommendation is to approve the request or rezone 0.43 acres from PD to mixed use office.

17:52

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

17:55

Thank you.

17:55

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.

18:03

Seeing none.

18:04

Questions for staff.

18:10

Commissioner Gray.

18:11

Thank you.

18:12

Um could you say a little bit more about the MC and MN uses being too intense?

18:17

Is that in terms of like by right permitted use or yes, that's correct.

18:21

So like with MC, they could build a drive-thru restaurant, they could build um you know up to 45 feet uh in height for the building.

18:28

We just uh deemed that given that it's surrounded by mostly residential and office space, uh, given the current access that they'd be permitted to keep.

18:37

We don't really want people taking a left-hand corner commonly at that site off of old 63 onto that.

18:42

So given the considerations of what would be permitted by right, we decided that MOF would be most appropriate here.

18:48

Thank you.

18:49

Any further questions for staff?

18:58

Seeing none.

18:59

We will go to public comment.

19:00

Any members of the public who wish to speak on this case, please come forward.

19:08

Hello, everyone, my name is Dominic Lee.

19:10

I live at 202 Old 63 North, and I'm here to answer any questions that you might have at this time.

19:15

But thank you for the recommendation.

19:18

Are there any questions for the speaker?

19:23

Thank you.

19:24

Thank you.

19:26

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

19:41

But I'm wondering, did I hear right that Stevens Park is R1?

19:47

I think this is an issue that needs to be dealt with.

19:50

Changing these to open space zoning.

19:53

Gans Creek Recreation Area also is still R1.

20:00

And it's it's confusing to say, oh, there's R1 to the south, and I didn't know what they were talking about, and it's actually uh open space a park and should be zoned that way.

20:08

So I don't know.

20:10

Is that something that parks has to initiate or anyway?

20:15

That's a question I have.

20:16

Thank you.

20:17

I'm making a note.

20:18

Thank you, Ms.

20:18

Dawkins.

20:23

Any other member of the public to speak on this case?

20:28

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

20:32

Any commissioner comments?

20:36

Seeing none, would anyone like to make a motion?

20:39

Commissioner Stanley.

20:41

I would like to entertain a motion if you like.

20:43

Please.

20:45

As relates to the K06-2026 for 202 North 063 rezoning, I move to approve the request request to rezone 0.43 acres from PD plan development to MOF mixed use office.

21:04

Second.

21:05

Moved by Commissioner Stanton, seconded by Commissioner Gray.

21:08

Is there any discussion on the motion?

21:12

Seeing none.

21:13

Commissioner Brodsky, may we have a roll call?

21:16

Commissioner Stanton.

21:18

Yes.

21:18

Commissioner Stockton.

21:20

Yes.

21:20

Commissioner Walters.

21:21

Yes.

21:22

My vote is yes.

21:23

Commissioner Darr.

21:24

Yes.

21:25

Commissioner Gowway Jones.

21:27

Yes.

21:27

Commissioner Gray.

21:28

Yes.

21:29

And Commissioner Ortiz.

21:30

Yes.

21:31

Motion carries.

21:33

Thank you.

21:33

That recommendation will be forwarded to City Council.

21:37

For our final case of the evening, case number 11-2026, a request by Paula Clayton agent on behalf of Jennifer Hempel and Paula Clayton owners to allow 411 McBain Avenue to be used as a 210 night maximum six guest short-term rental STR pursuant to Section 29-3.3 V V and Section 29-6.4M2 of the Unified Development Code.

22:00

The three bedroom, two bath home has an attached one-car garage and driveway capacity to support one UDC compliant on-site parking space.

22:09

If the application is approved, the applicant will need to install one additional UDC compliant parking space in order to accommodate the requested six guests.

22:18

Until the parking space is installed, the maximum number of guests the property can support is four.

22:23

The.2 acre subject site is located on the west side of McBain Avenue, approximately three 35 feet south of its intersection with Lincoln Drive.

22:32

May we please have a staff report?

22:34

Yes, you may.

22:34

Thank you for the introduction, Madam Chair.

22:36

Just to elaborate on this a little bit, uh we sent out early notification postcards alerting the surrounding neighbors and property owners of this matter on the 20th of October.

22:47

We sent out 52 public hearing letters on the 3rd of November, and then add also ran in the uh Tribune on the 4th of November.

22:56

This is the uh area of the site highlighted in red here.

22:59

The subject is a three-bedroom uh single family home zoned on an R on an RMF zoned lot.

23:05

The properties to the north, south, and east are also RMF zoned, and the properties to the west are R are zoned R2.

23:12

McBain Avenue is a 28-foot wide local residential road that has sidewalks installed on both sides and also permits parking on both sides.

23:22

This site with the six uh requested transient guests requires three parking spaces.

23:27

That would be by one in the park, one parking space being in the driveway, one parking space being in the garage, and having to add an additional space on the site in order to accommodate the six guests.

23:38

And until that point, it would only be uh allowed to accommodate four.

23:42

The site has not previously been offered as a short-term rental, and there are no additional short term rentals within 300 feet of this site.

23:50

Twenty-nine of the 38 parcels within 185 feet of the subject site are used for rental purposes.

23:55

The designated agent, according to the applicant, lives in Columbia, 3.6 miles away, or roughly 11 minutes.

24:02

We received two letters in opposition and one phone call.

24:06

The first letter in opposition uh stated there would be insufficient parking on the site.

24:10

I wrote back to the uh individual explaining the regulations because they seemed a little confused.

24:15

And also uh noted that one additional space would need to be added to accommodate the six guests to them.

24:20

The second letter stated they would prefer the home to be converted, not converted into a short-term rental, but rather stay uh as a long term or rather be used for as a fam for a family uh long-term rental scenario rather than short term.

24:33

And also received a phone call this afternoon from the property owner of 418 Alexander Avenue, stating the privacy fence uh abutting 411 McBain and 418 Alexander Avenue is rotting and that she'd prefer to see it fixed and that she is willing to pitch in uh the cost with the owner of 411 McBain to see it see it done so and that she wouldn't she also know that she wouldn't have an issue with the short term rental if that were to be fixed.

25:00

And furthermore, there are no violations on record for this property.

25:05

In conclusion, the conditional use permit analysis supports technical approval.

25:09

The short-term rental regulations provide an oversight means to address impacts and approval supports broad policy strategies and actions of the comprehensive plan.

25:17

Our recommendation is to approve the requested short-term rental subject to a maximum of maximum occupancy of four transient guests until one additional parking space is added, allowing up to six guests and a maximum of two hundred or ten nights of annual rental usage and a condition that the one car garage be made available when the dwelling is used for short-term rental purposes.

25:36

I would be happy to answer any questions.

25:39

Thank you.

25:40

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.

25:48

Seeing none questions for staff.

25:55

I had one question.

25:58

This is not the applicant's primary residence.

26:01

No, it is not.

26:02

Do we know if it's and it doesn't have a rental certificate?

26:04

Is that right?

26:05

That is correct.

26:07

Okay.

26:09

Thank you.

26:10

I think that's all.

26:11

Commissioner Ortiz.

26:12

Can you speak to um whether this was built as part of an affordable housing initiative?

26:18

Do you know anything about that?

26:20

I am not aware of that, but that is was noted in that one uh letter of opposition, if you were that you have access to, but I do not know the background on this uh history of this area.

26:35

Mr.

26:36

Zinner, do you recall?

26:38

Uh I do not.

26:40

I I know who the former property owner was, and I don't believe it was built using an affordable housing initiative process, but I don't have direct I don't have direct information to support that it was uh offered a fee reduction or something of that nature.

26:57

Okay.

26:57

Thank you.

26:59

Um other questions for staff.

27:05

Seeing oh, I'm so sorry.

27:07

Commissioner Stanton, please.

27:10

If an additional parking space were to be provided, how and where?

27:16

I believe the standard is they cannot take up 30 percent of the front yard or 500 feet, the greater of uh the two.

27:22

So it couldn't be greater than 500 square feet the combined driveway or 30 percent of the front yard.

27:28

Basically, based on the photography that was provided, it would be to the south of the existing driveway.

27:33

Between the two houses cut off to the side.

27:37

So it would be to the uh to the left side of the existing drive that is here today.

27:46

There would also be a required driveway approach expansion, which would require a proper city permitting to do so.

27:57

Any other questions?

28:03

Um I have a question for legal.

28:07

With these CUP requests, we can um we can make modifications, correct?

28:16

Or do we have to take them or leave them as presented by staff?

28:20

You're not referring to the criteria, you're just talking about to any sort of the conditions.

28:24

Oh, yes, there is the commission does have to be a little bit more than that.

28:27

So we could do that.

28:28

We could say four, period, and that's it.

28:34

Yes.

28:35

Okay.

28:36

Thank you.

28:36

I just wanted to clarify that we weren't limited.

28:40

I know on some cases we are.

28:42

As long as it doesn't run a follow the ordinance as written.

28:45

I mean, we can't just agree less.

28:48

Certainly, yeah.

28:48

Commissioner Santon.

28:50

And the piggyback on that, so that would be a conversation between the owner up here to say they want us to vote it as it is, or vote our potential recommendation.

29:05

How will we do that?

29:06

I mean, that conversation could be had with the applicant.

29:08

So you have to be now.

29:10

Okay.

29:12

Any other Commissioner Walters?

29:14

Oh, also I have a question for you for legal.

29:17

Would there be any is there any history of uh projects like suggested in the opposition letter of uh restricting the use here?

29:27

Could there be any deed restrictions or covenants that could preclude or could disallow this to be used as as is being requested tonight?

29:37

Is it possible?

29:38

I I'm not asking, do you know if it if it if it's relevant, but is it possible?

29:44

Um I don't believe so.

29:47

I have never heard of such a thing.

29:48

If there are, I mean, that's uh if if that wasn't in I believe the deed would have been submitted with the application, correct?

29:58

Yes, it would have been.

30:00

I mean, but a deed restriction is not something that the city would generally be enforcing.

30:04

And then yeah, that that's also okay.

30:07

Mr.

30:07

Zenter is correct on that.

30:08

All right, thank you.

30:09

Commissioner Stanton.

30:13

My experience is this, I'm not 200 percent sure about this house.

30:19

Um if JaiPoint didn't build it, I think someone else did.

30:26

Um so if the original owner there would be a time frame in which that person has to live in the home, blah, blah, blah.

30:39

If it changed hands in ownership, you know, as long as they stay with the, I think it may be five, ten years, whatever.

30:47

Um I'm almost willing to bet this is like a job point or a school home or some something like that.

30:54

Um at one time.

30:55

Now for them to come about now, I think that time may have expired.

31:04

Um so that's that.

31:09

I couldn't get an exact answer.

31:11

I was trying to get an answer for if that was a I I believe it I believe it was Commissioner Stanton a job point home at one point, um based on deed records.

31:21

Um other questions for staff or seeking clarification from legal seeing none, we will go to public comment.

31:35

Any members of the public who wish to come forward, please come forward.

31:38

We guys gotta fight it out.

31:42

Let's go.

31:42

Come on.

31:42

Somebody, anybody.

31:48

Uh name and address for the record and get as close to that microphone as you feel comfortable.

31:53

Especially with a mask on, eh?

31:54

Yes.

31:55

Uh my name is Paula Clayton.

31:57

So uh I am representing Jenny, my wife and I are the applicants for this.

32:03

And yes, it was a job point.

32:05

Um and then the previous owner has lived there since 2011.

32:12

And I don't know that he was there much because he had absolutely not much in the way of um gas or electric bills.

32:19

Uh we would like to do the four applicants.

32:22

We were doing the driveway thing, I think Mr.

32:24

Zanna, you had uh had suggested that as a just in case even if we don't go ahead and do it, but get the so it would save doing another meeting and another application process later on if we did decide to.

32:40

But yeah, we'd like to be here as soon as possible.

32:44

Uh Ms.

32:44

Cleveland, could two things.

32:46

Could you state your address for the record for the I am sorry?

32:48

Yes.

32:49

Uh address is 411 McBain Avenue.

32:52

Um I've been coming back and forth doing stuff on the house.

32:57

Okay, and secondly, could you get a little bit closer to the mic so we can have uh accurate record here?

33:01

Um home address is 3653 North Laramie Avenue, Chicago, Illinois, 60641.

33:14

Thank you.

33:15

Uh Commissioner Santon, go ahead.

33:17

You don't you you don't live at 411.

33:21

No, live in Chicago.

33:22

Okay.

33:23

Okay.

33:23

Yeah.

33:24

Want to keep coming back here because we want to retire here.

33:27

Uh five to ten years, hopefully two years, I think.

33:32

Um but if we keep coming back, we get used to it.

33:35

We get used to community.

33:37

We've got family here, we spend more time here.

33:40

You know, we see how the house is we did the Airbnb because we didn't want it to be empty.

33:44

And but we don't want it to be that we can't come back and live there and adjust, you know.

33:51

To the idea.

33:52

Jenny, my wife, she's a teacher.

33:54

Oh, the other thing was with the fence thing I did call Rebecca today and knew this in front of people.

34:02

Um the the Beck neighbor, and we she has a neighbor who does fencing and she's gonna get a quote from him, so we'll split the cost with that.

34:16

So other questions for the speaker?

34:21

Um I have a question.

34:22

Have you ever done any of this Airbnb kind of business before?

34:26

Nope.

34:27

Nope.

34:28

It's it's all a complete new thing.

34:30

But uh co-host Jessica, she has so we will do what she says with you know you need to do this, you don't need to do that.

34:40

You know, understand.

34:42

Yeah.

34:42

I oh I have also talked to the neighbors either side who are both renting Kirsten on our south, and I think his name is Connor and Emily on the north.

34:51

They're both okay, but I didn't get them to call.

34:55

Um and they've got my phone number.

35:00

Um and they've got my phone number so that if there's anybody who was a Twit who's there and you know, in the Airbnb place that they can contact us as well, and then we can get hold of Jessica, but just so we're um my other question.

35:19

Oh.

35:20

Um if sorry.

35:24

Um been a long long day.

35:27

But uh the front yard is quite small.

35:31

If we said you could only have four guests at a time, would that be okay with you?

35:36

Yep.

35:36

Yeah, okay.

35:37

Just so you're your whole front yard, isn't it?

35:40

I know, yeah, it doesn't appeal to me either.

35:42

I like gardening and I like growing things, so yeah.

35:45

Okay.

35:46

Any other questions, Commissioner Walters?

35:48

I think I missed this, but we're uh where is the person who's uh gets a phone call in case there's an issue here?

35:54

Um how close do you live?

35:57

I may have missed this.

35:58

Oh, I'm sorry.

35:59

Where does the agent, the person responsible for it?

36:01

Where does she live?

36:02

I love my could you could you state where she lives for us?

36:08

He lives by Macadoodles about three and a half miles away, I think.

36:13

Appreciate that.

36:15

Um other questions for this speaker?

36:19

Commissioner Santon.

36:22

Are you German by chance?

36:24

New Zealand.

36:25

No.

36:25

Dealing, okay.

36:27

I got the answer wrong.

36:28

I was gonna spit some German tea, but okay.

36:31

Um I can I can do an imitation or some classes.

36:35

This is my biggest issue.

36:37

Yeah.

36:37

Biggest.

36:38

Yep.

36:38

Number one, this is in my neighborhood.

36:41

Okay.

36:41

Number two, I think I helped build this house.

36:44

Awesome.

36:46

Can I grill you?

36:47

And the neighborhood is historic.

36:50

Yeah.

36:51

Um I'm not opposed to it being used as a short-term rental.

36:58

But my fear is you're a rookie at it, which is a beginner, a novice.

37:05

And you and your whoever for me to get a vote, a yes vote, have to convince me that you have all your bases covered if we were to allow it to be a short-term rental.

37:22

I you know, so I need to know the like my colleague asked.

37:28

Stuff hits the he stole my question, so I'm gonna say it again.

37:32

Yeah, Ruby.

37:33

If the stuff hits the fan and I need to call somebody, who do I call and how fast they're gonna get there?

37:39

Yep.

37:40

That's can I get Jessica up on the floor?

37:42

Well, maybe she can do that about it.

37:44

Yeah, after we talk to you.

37:46

So I need to give be convinced of those things.

37:50

I need to be convinced of I am only going to support this if it's only four, because I do not want the additional concrete.

38:00

That's my point of view.

38:02

Yep.

38:02

My opinion.

38:03

My vote is if I'm comfortable for transient guests.

38:10

And um it's gonna be maintained.

38:15

You're gonna have a strong uh uh um rental policy.

38:21

I mean, I need to be convinced you have all these ducks in a row.

38:25

That's what I need.

38:26

Yeah, I like the eco thing too.

38:29

So I really want to do the um yeah, doing things around there like it's uh you know how you have Airbnb things and they're like a theme.

38:37

So I think, oh, eco, gardening, all that, which the whole thing of having another driveway doesn't really appeal, except for the hey, make the ends meet with the bills.

38:48

You know, as far as bills go, that that appeals.

38:51

But um, yeah.

38:55

Jessica for the being on to it.

38:58

Is that so it would be the no concrete and better be on top of stuff when it happens?

39:06

Still open to hear more stuff.

39:09

Any oh, I'm sorry, are you any other questions?

39:14

Um last one, I'm sorry, we're not trying to beat you up.

39:18

How how often are you down here?

39:22

Um I don't know.

39:24

I don't know.

39:25

Uh we've got family in in town.

39:30

So this means we we now want to come here and do more vacations with them and be here.

39:39

Um I want to be here as much as I can.

39:43

I'm more ready to retire than Jenny is.

39:45

She's got a job that she loves, she's a teacher.

39:48

Um I don't know.

39:55

I just curious.

39:56

Any other questions?

40:00

Commissioner Ortiz.

40:02

Do you think that any of your family here in Columbia would be willing to be your designated agent in the future?

40:08

Um, though I think Jessica's probably a better one to be because she's got the experience, and she's more like she's got the experience and the connection, she knows what she's doing.

40:21

She's all good with the oh yeah, we'll get that onto it.

40:25

Yeah.

40:26

Whereas family is they're doing their own jobs.

40:29

It'd be like, oh, you know, something else they have to deal with.

40:33

Okay.

40:34

So I'd rather have the one who does it as her thing than someone who, oh yeah, I'm really connected to you, and now you're gonna resent me for it.

40:43

Thank you.

40:45

Fair enough.

40:46

Yeah.

40:47

Anyone else?

40:51

Thank you so much.

40:54

Thank you.

40:55

Next speaker on this case, please come forward.

41:03

I'm Ben.

41:04

Um start with your name and address for the record in the microphone, please.

41:09

I'm Ben Falbean.

41:10

And I live at 407 McBain, which is like two houses down from that one.

41:16

Um I did.

41:17

I did email you.

41:18

And it was it was a it was a pleasant exchange.

41:21

I you know, y'all bought the house, Paula, you bought the house.

41:25

I'm expecting Paula to be my neighbor at some point.

41:27

So this needs to go well for me.

41:29

Um if there weren't a sign in front of the house right now, I don't think I would have come, to be honest with you.

41:37

But I thought about it more.

41:38

Um it was built by job point.

41:42

You did help build it.

41:44

Um I've lived in Columbia and in that neighborhood for about 20 years now.

41:49

I don't have rights to it like you do, probably, actually, definitely.

41:52

But you know, I'm rather partial to the neighborhood at this point.

41:55

Um because there's a sign up front, you're telling us that apparently we have a community level stake in how this space is used.

42:05

Um because of that, we have to make a decision about whether we want this to be used in this way, right?

42:14

So three houses south of me, Carmelita, Ray, and Summer are moving away because they can't run on my block anymore.

42:25

All right, and they can't run on the block anymore because the houses are going away.

42:29

Now, Carmelita's mother-in-law lives two more blocks uh west of that.

42:35

And now Summer can't see her grandma as frequently.

42:39

That has nothing to do with this, right?

42:41

But it does get it a bigger problem, which is when we turn our affordable housing, which we built that, we built that.

42:49

When we turn this into a space like that, we're putting downward pressure on this community to try to find a place to live.

42:58

And we are struggling.

42:59

You we all know we're struggling here related to homelessness.

43:04

And it just keeps pushing it down.

43:06

And I would love to have somebody living there.

43:10

Hey, maybe Carmelita Ray and Summer, I don't know.

43:13

But if it's gonna be five, ten years before my new good neighbor moves in, let's just keep it there so that some other family can live there in the meantime.

43:22

I'm like, it's strange to me that we decided as a community we wanted to build something so that people could live in the central city, and then we go around and turn and we're like getting rid of that.

43:33

It's it's ironic.

43:34

Like, I don't know.

43:35

Um, I have missed my job twice in the evenings teaching GED classes in the last seven years.

43:44

I got a sub tonight.

43:47

So you guys got any questions for me?

43:51

Any questions for the speaker, Commissioner Stanton.

43:56

Man, how are you doing, sir?

44:00

I completely agree.

44:02

Everything you said.

44:04

Um I also agree that the owner has a right to use their property.

44:12

Now, if they have reached the statute of limitations of our build, our draw point build, and they're supposed to stay there for five or ten years and they can sell it.

44:25

This is kind of the nightmare that we all look for.

44:28

You know, like dang, we build affordable housing and in five years you could be back in the situation that we're trying to prevent.

44:36

You know.

44:37

Um that's I mean, I would say five or ten years ago when it was built, uh we didn't anticipate this situation.

44:44

Yes.

44:45

Because this happened after the advent of internet services that allow you to do such a thing.

44:50

So I I don't think we thought this could happen at all when this was built.

44:53

Right.

44:53

In fact, the way affordable housing has been approached in town has changed dramatically.

44:57

You know, land trust and whatnot.

45:00

I don't know if the city would support uh uh um the model that created that house in the first place.

45:04

It is painful though to know the intent to know the community this well, to know that money can be made off of this property.

45:14

I'm I'm certainly not against investment.

45:16

I'm not.

45:17

And I I'm not against the right, you know, like this sounds like a way that you're gonna plan for your future.

45:22

And that makes sense to me, right?

45:23

But it doesn't have to be like this.

45:25

You guys get to choose that.

45:28

You gotta you gotta be the ones responsible for that.

45:33

Oh so are you opposed to short-term rentals, period or just here?

45:44

Oof.

45:48

No.

45:53

No.

45:54

Because it's just too much of a too big of a blanket.

45:58

I I can't do that.

45:59

I'm here about 411 McBain.

46:02

I'm here about Debbie, my neighbor to the south, Carmelita, my former neighbor, four doors of the south, Tim who lives in the you know, a door north of that.

46:12

No, I I I I can't go there.

46:13

I I'm I'm just talking about here.

46:15

I'm talking about the history of that property.

46:17

I'm talking about this story.

46:19

This story I just happen to know really well.

46:23

Thank you.

46:25

Commissioner Ortiz and then Commissioner Darr.

46:28

Would you tell me about 411 McMain from like an infrastructure point of view?

46:35

Not like not from the housing, but like tell me about the property and like what makes that spot not a good space for a short-term rental.

46:48

In your opinion.

46:51

Um because there isn't a place to live in the central city.

47:01

And the this place is in the middle of town, right?

47:07

You don't need the resources you need in the middle of town.

47:11

You don't need those same resources.

47:13

You don't have to find those resources when you live in the middle of town.

47:16

I'm talking thinking like how the bus line works.

47:19

I'm thinking about the proximity to uh Aldi's GURBS, the business loop, just everything.

47:25

It's it's still relatively walkable.

47:27

And so it's bizarre that again, we will be effectively pushing some family out of that opportunity, right?

47:35

And let's say it's not the family I have in mind.

47:39

The movement of any family then pushes another family just further north or further east, right?

47:46

Which is what's happened.

47:48

That's what's happened in this town.

47:50

And this is this is what this is how it happens.

47:53

So I don't know.

47:54

Does that answer your question?

47:56

Not really.

47:57

Oh, okay.

47:58

So there's only certain criteria that we really can look at when we're looking at a short-term rental conditional use permit.

48:03

And what you're talking about is that the phone is a very important thing.

48:05

I mean, if you're asking about parking, I don't care about parking, man.

48:08

Like honestly, the block to the West and me put in speed bumps because they can afford to spend the time to create speed bumps.

48:15

My block, you know what the speed bumps are?

48:17

It's the cars.

48:18

You know?

48:18

So we so it's what I'm hearing is you have a problem with people speeding on your block.

48:23

Yeah.

48:24

And is there actually my car has been hit twice, but what else is on your block that might be You mean the daycare?

48:34

Oh, okay.

48:35

There's a daycare.

48:36

It is a daycare.

48:38

Uh there's a daycare that I don't know, it serves probably 50 to 70 kids.

48:46

And would I can't do that?

48:49

I don't know where you're going with this.

48:50

I I I mean, I can tell you everything you want to know.

48:52

I know about the footprint in the driveway.

48:54

That footprint was left by a youth build student who helped build it.

48:57

Like they they never sand it off the paint.

48:59

I mean, I I don't know.

49:00

I can tell you anything you want to know about the place.

49:05

Uh I don't, you know.

49:07

I mean, my big objection is straight up related to affordable housing and its availability.

49:11

Certainly not to making money.

49:13

It's not, you know, I I I get that.

49:15

You know.

49:16

In fact, if you want to move sooner, I would be thrilled.

49:20

But this is this is not how we want to do this.

49:23

Thank you.

49:24

Commissioner Darr.

49:25

Um I was kind of following up with what you said.

49:29

Do you believe there's adequate parking on the street?

49:31

Is there do you find yourself not being able to find a place in parking?

49:35

So um you mentioned uh Kirsten who lives to the south.

49:39

So Tyler owns the house.

49:41

He's the one who sent the parking complaint.

49:44

So he's concerned about parking.

49:47

I don't know.

49:48

Am I concerned about parking?

49:49

Sure.

49:50

I don't know.

49:52

I'm in that's a hard one for me.

49:54

I don't care about parking.

49:55

This is this is not a NIMBY thing for me.

49:57

This is like uh it's just not.

49:59

It's not a NIMBY thing.

50:00

I I mean I double park.

50:01

Like sometimes I pull out a car to pull in a car, like sometimes Debbie parks in my driveway a little bit, so does her son.

50:07

I don't know.

50:07

Like I ain't worried about parking, but yeah, I know y'all are, but I'm not worried about that.

50:12

So any other question?

50:18

Commissioner Walters.

50:19

I think it's um maybe useful to point out that you know, just so you you're you're talking about some of your neighbors being displaced because rent's rising.

50:28

Don't you assume the same thing would happen here?

50:30

If this were a long-term rental, chances are the rent here would go up and there's still be issues for people.

50:36

Yeah affordability.

50:37

However, there'd be one more place for a person to live who actually wants to be in Columbia right now.

50:45

And that does have cascading effects.

50:48

Well, I agree.

50:48

So you're right.

50:49

I agree.

50:49

It would push up the rent just by having like that's just the course of time.

50:54

But again, what pushes up housing prices and rental prices?

50:57

It's the amount of housing stock.

51:00

And every time we'll slap an STR label on this, we're gonna do it sometimes.

51:05

Uh you asked me if I was just opposed outright.

51:07

I don't know if I am.

51:07

I've never been here before.

51:09

But that's what we're doing.

51:11

Like we are going to make it slightly more difficult for people who intend to live here to find a place, which will keep it just keeps pushing.

51:19

It's kind of a macro argument, which the which this commission has dealt with for years and and now um it's also point we're pointing out that some of the people who use SDRs are not tourists and they're not here for three days.

51:33

Yeah.

51:33

Sometimes they're here for weeks or months.

51:35

And sometimes they're here because they're maybe two or three months.

51:38

And so anyway.

51:40

I just think we need to broaden our ideas of what could happen here.

51:43

And it is a problem.

51:44

Affordable housing certainly is a problem.

51:46

I'm not trying to dismiss it, but I just think it's maybe unfair to load that all onto this property here and have it dominate the discussion.

51:54

That's my opinion.

51:58

Any other questions?

51:59

Commissioner Stanton?

52:01

My colleagues' points are valid, but definitely a big issue.

52:06

These Mr.

52:08

Falby's right across the board.

52:11

And it's you can never it.

52:18

I'm not opposed to a bin STR myself.

52:23

I'm not.

52:24

Because it to me, it goes back to my original argument when we started this whole conversation.

52:32

This is an ability for somebody who owns a piece of property to make an extra buck and increase family wealth.

52:40

I my vote will be depend on if I trust the system behind it to make it still a good place in my neighborhood.

52:51

If I'm not convinced that the agent or the system that is in place to watch this STR and protect the interest of all the neighbors in all the fears that as that, if I'm not convinced of that, I will vote no.

53:06

But it's not the principle of their right to do so.

53:11

It's do I have faith that it will be done in a way that will not put a smile on Mr.

53:17

Falby's face, but we will equally be ticked off, which is a perfect compromise.

53:23

So that's where I'm at.

53:27

Anyone else?

53:31

Thank you for being here tonight.

53:33

I appreciate it.

53:35

You're you're good.

53:36

Thank you.

53:37

Next, please come forward.

53:39

Name an address for the room.

53:41

My name is Barbie Banks.

53:42

I live at 215 West Ash, which is just down the street from this one.

53:45

I also sent an email to Paula and um Jenny.

53:48

And um I don't think there is probably much that you can do as commissioners to not push this forward.

53:55

So my message is more to Paula and Jenny to reconsider and pull this application and make this a long-term rental for a family.

54:02

A three-bedroom, two-bath space in this area in our neighborhood is really hard to find for people.

54:09

And so I'm pulling at your heart strings at your sense of social justice.

54:13

We've withdraw this application and make it a long-term rental for five or ten years.

54:19

That's all I have to say.

54:20

Thank you.

54:21

Any questions for this speaker?

54:23

Commissioner Ortiz?

54:25

Do you know any um thing about this property that would make it not a good candidate to be a short-term rental?

54:32

Other than it just how moving somebody outside of the central city.

54:36

So I don't think there's probably anything under what the commit what you as commissioners can do that would make it not a I mean, I think legally, um, it's probably there ethically.

54:46

I don't think it should be a short-term rental.

54:48

Thank you.

54:48

Yeah.

54:51

Anyone else?

54:54

Ding none.

54:54

Thank you for being here in this thanks.

54:57

Next speaker.

55:00

Come forward.

55:05

Doconado Port Eggman Street.

55:07

Um yeah, it'd be great if it was a long-term rental.

55:11

And even though it's not 300 feet from a licensed short-term rental, I think 200 block of McBain has two, at least two.

55:24

So it is pretty dense there, and what a great neighborhood.

55:27

I didn't realize these people were neighbors there.

55:31

But the reason I came here is I was upset with the I didn't know about the history of the house, but upset with the uh extra driveway, extra concrete.

55:41

And it looks like everyone's on the same page with that.

55:44

So I'm very glad that if it is a short-term rental, it would be for four people.

55:49

Thank you.

55:50

Thank you, Ms.

55:51

Dolphin.

55:51

Any questions?

55:52

No, thanks, Dee.

55:54

Anyone else to speak on this case?

55:57

Please come forward.

56:00

Normally I say only one person at the podium at a time, but we'll make an exception in this case.

56:07

Hi, I'm Jessica Simpson.

56:08

I reside at 652 Hunt Ridge Drive.

56:11

Um, and I will be the host on Paula and Jenny's property.

56:16

Um I am a realtor.

56:18

So they contacted me.

56:20

Actually, they had another realtor.

56:22

They contacted me through Airbnb, and because there's like a thing that you can like reach out if you want someone to host your property.

56:29

And so they were like, hey, we have a realtor in Columbia that we've been like talking to, but we want you to manage our property once we get one.

56:37

And I was like, okay, well, I'm also a realtor actually, so what kind of are you looking for in a property?

56:42

And so they told me some of their um like requirements, and I was like, okay, I know exactly what neighborhood we need to look at.

56:51

We need to look at West Ash because they are Paula is an artist.

56:55

Um Jinny's a teacher, they want to be able to walk to the farmers market, they want to be able to just like be on foot as much as possible.

57:03

And so I was like, I just knew being familiar with Columbia that this is going to be the neighborhood that they were happiest in.

57:10

And I maybe I'm speaking like for her, but it does get like nervous up here.

57:17

Um but ever since when I when I the whole time I've been talking to them, they told me they would retire in about two years.

57:23

So I've never heard anything about five to ten years.

57:26

And we closed, I can't even remember, I kind of still have like pregnancy brain, I think, but we closed on the house.

57:32

It's been at least a couple months or beginning of October, I guess, actually.

57:38

Um they were kind of like we would love to come to Columbia for Thanksgiving with our family.

57:44

Can we wait?

57:45

And I was like, we can wait until March if you want to.

57:48

Like, I'm not in any rush, I'm not pushing you.

57:50

Like, this is your property.

57:52

You this is the point, this is why you want to do this, is because you and I told them I said if we need to wait two years to find the perfect property, like we need to find the perfect one.

58:02

I'm not a realtor who's just like I don't just sell people houses to make money.

58:07

Like I sell people houses to help them build a life.

58:11

And I knew I actually kind of we looked at properties all over Columbia, and I had a feeling I was like, I think this is the one, like I think you're gonna be so happy here, and this is where you're gonna want to live.

58:23

And we walked away from it, no one put it under contract.

58:27

So there was plenty of time for other people to put this property under contract.

58:31

If one of the neighbors wanted to live there, there was plenty of time.

58:35

And that did not happen, and so it kind of like they almost gave up.

58:40

And Jimmy was like, Can we like it'd be great if we found a house for my birthday?

58:44

And I was like, Well, McBain's still there.

58:46

And I was like, I'm surprised because it was so affordable.

58:50

And I was like, this is really gonna be the perfect house for you.

58:52

Like they wanted like a an older home, and I was like, this one is I don't like to, I like it makes me nervous to sell you know the older like bungalow homes because they were built 50, 80 years ago, and there's so many foundation issues.

59:06

And I was like, I just know this is gonna be the perfect house for you to retire in.

59:10

You're not gonna end up spending $50,000 just to fix things, like it's perfect for you guys as it is.

59:17

Like you don't have to make any changes to it.

59:19

And so that's kind of the story on like why we kind of picked this exact house.

59:24

Because I knew this is a neighborhood that like they will love the neighbors, the neighbors will love them.

59:29

I think they will just like fit in very well.

59:32

And so I think that and their goal, they're they want to be here often.

59:37

Like they have they have already came down four or five times since we've started looking for homes.

59:44

And I love them.

59:45

Like that's the thing about like my a lot of my real estate clients, I just end up like being very good friends with them.

59:50

And I just care about them.

59:52

And I think that I really think they will fit in this neighborhood.

59:56

And yeah.

59:58

Thank you, Ms.

59:59

Simpson.

1:00:00

Uh you might want to pick up the pop thing.

1:00:04

Uh any questions for this speaker.

1:00:11

Commissioner Stanton, did you have something?

1:00:15

Um so you're agent for other Airbnbs?

1:00:20

Yeah, I think I don't know if I'm confused on what like the designated agent means because you said like would her would a family member be better?

1:00:26

So the designated agent.

1:00:28

Okay, so the designated agent is the person that we call at three o'clock in the morning.

1:00:33

It's going down sleep every party, it can't happen.

1:00:37

Yes.

1:00:37

Who's coming to make that right?

1:00:39

Yes, that would be me.

1:00:40

Yes.

1:00:41

Okay.

1:00:41

I would prefer you to call me than one of her family members who had answers the phone.

1:00:49

I'm trying to think.

1:00:50

Have have I have you been here before before us as an agent for somebody's other property?

1:00:56

Okay.

1:00:58

Um I told you my requirements.

1:01:03

I've got to be I I built this house.

1:01:08

So I'm just gonna own it.

1:01:10

I built this house with youth in a neighborhood that is historically African American with African American history, bleeding through it, it's bleeding through my veins right now.

1:01:26

How are you going to maintain show me you're gonna maintain this house and it's and his history and its integrity and all of that and get the right people to rent it and all of that?

1:01:39

Convince me.

1:01:41

So I have been a host for 10 years.

1:01:43

I have been a host, I started hosting in California.

1:01:46

Then I started managing my next job was managing Airbnbs, multiple Airbnbs remotely from Florida.

1:01:52

I did that for years.

1:01:54

I never have one single issue managing from Missouri.

1:01:56

I went down, I set up a team, so if I can do it from you know, half of the country away, I can do it.

1:02:04

I I mean I I already I am doing it.

1:02:06

I can I know what I'm doing.

1:02:08

I have a handyman on on staff.

1:02:10

Not I don't have my own staff, but you know, he's my 1099 guy.

1:02:14

I have cleaners, and maybe this home is not going to directly to a family, but my cleaners are all single moms.

1:02:22

Like I'm a single mom, this is why my baby is here right now.

1:02:24

So all of my cleaners are actually like the city regulations are c are really hurting my cleaners, to be honest, because most of my Airbnbs are pulling out and they're begging me.

1:02:34

They're like, please, we need more work.

1:02:37

And I'm like, I'm trying.

1:02:38

I like I operate one of my own properties, and it's at a loss.

1:02:42

And I like have had to take it off because of the Airbnb regulations.

1:02:46

And so I'm tr looking for opportunities to give these moms because they're working full-time jobs.

1:02:51

And they're cleaning, they want to clean every single day after they get off work to make more money because I pay them very well, like better than anybody else.

1:02:59

And so they I mean, I wish I can bring them and they can speak.

1:03:04

They know how I run it, and they kind of they help me.

1:03:07

We're a team.

1:03:07

Like my cleaners have access to all the messages.

1:03:11

So if there's a chance that I'm asleep at 3 a.m.

1:03:14

and one of them is awake, one of them like watches the messages like a hawk.

1:03:18

I'm like, okay, If let me do my job sometimes, but she will step in if for some reason I'm asleep at three o'clock in the morning and someone has an issue.

1:03:27

So I mean that doesn't really ever happen, to be honest.

1:03:30

But I have a tight ship and my properties they're always like the nicest on the block.

1:03:38

I mean, for a short-term rental, you can't have like someone drive up to a scraggly property with unmowed grass and trash in the yard.

1:03:46

Like that's gonna get a bad review.

1:03:48

It has to look the better than any other property on the street.

1:03:53

Would the owner be open to the mer the midterm kind of rental like for nurses that are here for three months, blah, blah, blah, blah, blah, blah, blah.

1:04:07

Yeah, and I have a lot of because I'm a realtor, I have people that we have like a listserv.

1:04:12

And so it'll be like, I need to have someone looking, I have someone looking.

1:04:15

And so I put those honestly now.

1:04:18

I'm trying to move a lot of Airbnbs over to midterm, which it's like kind of a rock in a hard place because like then the city is not getting any money for that.

1:04:27

And my cleaners don't get to clean every week, they're only cleaning every three months.

1:04:31

So it kind of it's easier on me because I don't have to message everybody all the time.

1:04:37

But yeah, there, I and I told them that there's you know, we have the 210 night maximum, but we if we want to fill it up more than that, then we can turn it over to midterm rental and just get both not permit, I guess, rental occupancy compliance.

1:05:00

Any other questions?

1:05:02

I've got a couple.

1:05:05

So have you also helped them put in an application for a long-term rental occupancy permit?

1:05:11

We haven't done anything yet because they haven't they closed on it a couple of months ago and they've she's been she said she hasn't lived there, but she's been basically staying there the whole time since.

1:05:21

But did you help them fill out this application, or were you helping them with it that at all, or did they just do this part on their own?

1:05:29

They did it on their own.

1:05:31

Okay.

1:05:31

Um you manage and I sh I say manage, you host other properties.

1:05:37

Yes.

1:05:39

You understand the lake, other places, Hartsburg.

1:05:43

You understand the difference between hosting and being the designated agent, right?

1:05:48

Like I think there's a blurred line.

1:05:52

I think it's the same thing.

1:05:53

If there's any issues, someone's gonna call me.

1:05:55

There's an issue with a guest, if there's an issue with the city, I'm the point of contact.

1:06:00

Well, the the difference is the designated agent is responsible in the city's eyes for what happens on the license.

1:06:07

Yes.

1:06:08

Um there is another property that I believe you manage 3408 Eastham Drive.

1:06:15

Yes.

1:06:16

That was before us last week.

1:06:18

I think it was or two weeks ago.

1:06:20

Yeah.

1:06:21

Our last meeting, not last week, our last meeting.

1:06:24

Um of my concerns there was it sounded like there wasn't good communication.

1:06:31

So can you explain how you as the host communicate with the owners?

1:06:36

Because presumably you're not sitting on the owner's escrow account or something to do all of these repairs and stuff.

1:06:45

Like you have it's not your property.

1:06:46

You have to get permission.

1:06:48

So how do you communicate with the owners of the property if if something goes wrong?

1:06:54

Um I mean, so say there a guest says, hey, there's a toilet running, then I tell the owner, hey, we need to get someone in.

1:07:04

Do you need me to get it, or do you have a person to come today?

1:07:06

Like a toilet running, we need to do it immediately.

1:07:09

It's not like, oh, the dryer went out and we'll do it next week.

1:07:13

You know.

1:07:14

So is that what you're asking?

1:07:15

Yeah, what I'm what I'm asking is what I guess what I'm asking is this like if unlike if you are just the host and somebody else is the designated agent, if the police get called while this there are guests there and you're the host, you're never gonna hear from the police.

1:07:36

But you are gonna hear from the police if you're the designated agent.

1:07:40

The city is going to be calling you and you have to respond.

1:07:45

And then and and I think my concern may be too strong of a word, but um I want to make sure that you understand that your obligations go beyond advertising the property.

1:08:02

Does that make sense?

1:08:03

Yeah, yeah.

1:08:04

And I totally step in that role.

1:08:06

They've asked me that, like, that's now if there was something to that has never happened at any of my properties.

1:08:13

But if that were to happen, I would expect for the police to call me and I would expect to re be the one to respond.

1:08:21

Because you're the listed designated agent.

1:08:24

Because I'm the host.

1:08:26

But yes, um to me, I think to me, and I think this supports what you're saying, it's one to me.

1:08:33

There's not like a difference, just because they're different, a homeowner, yes, but I like you know, Airbnb becomes passive only when you don't have to do anything, right?

1:08:45

Short-term rental.

1:08:46

And so I want this to be passive opportunity for my owners.

1:08:49

They can be involved as involved as they want, they can be in their property as much as they want.

1:08:53

But I am taking care of organizing everything, any issues, any repairs.

1:09:04

Okay.

1:09:05

It does, and and again, I'm just um I think if something were to happen and the police were to contact me, I would absolutely welcome that.

1:09:19

There's frontline response, which would be you, and then there's ultimate responsibility, which would be the owners.

1:09:26

Yes.

1:09:27

My concern is to make sure that when you are contacted as the frontline response, you are also communicating that to the owners every time without fail.

1:09:39

Oh yeah.

1:09:39

That's tot that's no problem.

1:09:41

I've never had police contact me for any of these I've ever had.

1:09:46

I'm not talking about necessarily police, but also like neighborhood services for grass being too long or the trash bins being out, or neighbors complaining about marijuana smell or any of that kind of stuff.

1:09:57

You see what I'm saying?

1:10:00

Yeah, I think you're crossing over with East Ham right now, and we never we didn't get contacted for that.

1:10:04

So this is what I want to make sure is that since you are the designated agent, if you hear about things like that, which I don't think I'm not saying that's going to be a problem at this property, but what I am saying is you have an obligation to report everything you hear to the owners.

1:10:30

And I want to make sure that you understand that that that is more serious now that you're on the official paperwork as a registered agent than if you're just the host in in a way that is not legally binding under the laws of licensure of the city.

1:10:48

Does that make sense?

1:10:50

Yeah, I think I already like have that expectation.

1:10:53

Okay.

1:10:53

So that's doesn't seem like a new, you know, like a new avenue or a new role for me.

1:10:59

Thank you.

1:11:00

Any other questions?

1:11:03

Commissioner Stanton.

1:11:05

How many pro do you have any properties in the central city that you host or designated agent for?

1:11:13

I have two of my own.

1:11:14

One is a midterm.

1:11:17

One has been has been an Airbnb.

1:11:21

I'm trying to decide if I am in the process of selling it or I don't know what I'm going to do with it.

1:11:27

Since I had my baby, my family stays there a lot because they're not located in Columbia, so we all go and stay there.

1:11:33

It's bigger than my property.

1:11:35

So I don't know.

1:11:38

I'm kind of emotionally attached to it, but I don't know yet what to do with that one.

1:11:44

No one in it now, I think it.

1:11:46

Okay.

1:11:46

Thank you.

1:11:48

Anyone else?

1:11:51

Seeing none.

1:11:52

Thank you for being here tonight.

1:11:58

Everyone's had a chance to speak.

1:12:02

Yes.

1:12:04

Then I will close public comment and we will go to Commissioner comments.

1:12:08

Are there any commissioner comments on this case?

1:12:11

Oh, sorry, Jesse, yes.

1:12:13

If I if I may, Madam Chair, I've got a couple comments before before we proceed.

1:12:17

Please.

1:12:17

With this.

1:12:18

Just as a I don't I don't want to confuse the issues.

1:12:20

Uh this is actually meant to clarify some Commissioner questions.

1:12:24

I looked at the recorder of deeds on this property.

1:12:27

Um to uh Commissioner Walter's point and a couple other questions.

1:12:31

Uh job point conveyed this property in 2013.

1:12:34

The applicant is a third subsequent there's there's three degrees of separation from job point to the applicant.

1:12:40

Looking at the the initial deed conveying from job point to the initial buyer, I see nothing in a restriction.

1:12:47

However, even if there were, or I'm missing something, much like an HOA restrictive covenant that is for Job Point to enforce and not the city.

1:12:56

Uh second point, uh question for Commissioner Stanton.

1:13:00

Although you have no financial uh uh investment in this uh in this case, which would require you to recruit recuse yourself.

1:13:07

Look, it sounds like you have some uh emotional investment.

1:13:10

Are you certainly you can be objective and uh dispassionate in your uh vote tonight?

1:13:14

I think my test, I think my I think the record will show you that I am.

1:13:20

Um that's number one.

1:13:22

Number two, I've built so many I couldn't remember myself until somebody reminded me of such.

1:13:28

That's number two.

1:13:29

Um I'm passionate about a lot of things that happen in this commission is never swayed my vote on anything.

1:13:36

So to answer your question, I think the record will reflect the answer that you seek.

1:13:43

Very good.

1:13:46

Yep, that's all for me.

1:13:47

Thank you.

1:13:48

Any questions?

1:13:50

Mr.

1:13:50

Zinner, yes?

1:13:51

Uh so I I to add on to uh Mr.

1:13:54

Craig's comments, I happen to have our housing uh an affordable housing fee waiver ordinance in front of me.

1:14:04

The affordable housing fee waiver ordinance was originally adopted in 2016, uh many years after this home was constructed, and actually three years after the home was sold from job point.

1:14:18

Um the current ordinance uh which was amended in 2018 to include provisions uh dealing with short or uh accessory dwelling units being added, also provided a time period in which repayment should a CHO a housing uh uh authority taking uh housing entity taking money from the city to build that home, established a five-year term limit for repayment.

1:14:46

So this home was sold from job point in 2013, according to the assessors' records, it was built in 2011.

1:15:00

So whatever the conveyance was at that point, it was actually purchased in 2009 from the former owner by job point, 2009 to 2011 was when the home was built, it was not sold until 2013.

1:15:08

I would suggest to you that if the ordinance that we currently have that deals with housing fee waiver were in place, which it was not, all obligations for repayment would have been expired by this point.

1:15:22

Thank you.

1:15:23

Any other commissioner comment?

1:15:25

Commissioner Stanton.

1:15:27

To defend myself, I think I made that clear to both parties that need to hear that.

1:15:32

I made that clear that that had probably expired by the time this situation came up.

1:15:39

So that's been on the record, and that's been said.

1:15:42

That's true.

1:15:42

I just wanted to get that on the record.

1:15:44

Okay.

1:15:44

This isn't an attack or a doubt that you can do that.

1:15:47

I just wanted to get on the record that you can be dispassionate and a good counterproject.

1:15:51

Okay.

1:15:52

And I just want to make sure that we all understand from a staff perspective, this is a topic that generally does not come up from an evaluation perspective, though the ordinance that would be applicable would be beginning in basically 2016 and moving forward.

1:16:09

So homes that may have taken fee waiver responsibilities as a five-year window before they may be resold without having to do any repayment.

1:16:21

The ordinance currently that is in place also restricts the use of a short-term rental, or I apologize, an accessory dwelling unit being converted to a short-term rental, specifically called out, and that was a component that was adopted in 2018.

1:16:36

So if you took a fee waiver for a ADU, it cannot be used for short-term rental purposes.

1:16:44

And that is very explicit.

1:16:46

So we will take note of this particular conversation this evening as we potentially look through further applications as they come in, depending on the area that they are in.

1:16:59

It could be more pronounced that we may need to be more diligent in that evaluation.

1:17:04

So that was the only reason I wanted to bring up the points that I have brought up.

1:17:08

We do have means by which to evaluate those types of homes that have received city funding that used fee waiver, and then we can verify that as well.

1:17:20

And it is a it is a pertinent discussion because unless you have a trigger, you wouldn't know, like this house where if a land trust person had a home and tried to make it a short-term rental, and how would we catch that?

1:17:38

Do the fact we are an essential city, there's been a lot of properties that have had affordable housing existence.

1:17:44

So that's why this is a very relevant question, and I'm glad that we have an answer to that, but it will come up if they if we start addressing Central City homes in that way.

1:17:59

Commissioner Gray, do you have something?

1:18:02

I think I have a question for Mr.

1:18:04

Zinner.

1:18:05

I know we have talked before in other cases about some of the tensions between the priorities of policies within the comprehensive plan.

1:18:12

And I guess I'm wondering if there are any like considerations with the policies around livable and sustainable communities given the information that we have received today that we might want to consider.

1:18:29

I mean, a livable and sustainable community is consistent of a variety of housing topies with people of varying purposes of why they may own property and the incomes that are going to be evolved with that.

1:18:42

The ability to provide housing that offers something that is not what traditionally may be provided does meet an objective.

1:18:49

And so short-term rental usage of a single-family dwelling unit or an apartment unit that is within a broader building, as we have seen, offers opportunities to create livable environments for short-term rental tenants that aren't interested in a midterm rental.

1:19:10

They are here enjoying our community.

1:19:12

So I would suggest to you that it is part of an overall broader concept.

1:19:18

Specifically, our our the regulatory development process that we went through with spacing requirements, with licensure limitations, all of those conditions that are part of the evaluation process are designed to ensure that we are not bleeding away the opportunity to leave affordable housing.

1:19:39

Private property rights and the ability to acquire property for personal purposes and usage is something that exists, and it is a tension that we do have to address.

1:19:51

As Mr.

1:19:51

Stanton pointed out, this process was created so property owners who desired to use this vehicle had to come and get approval.

1:20:00

They had to come and ask for permission.

1:20:01

And because this is not their principal residence, it is elevated that much higher to the conditional use stage.

1:20:07

If this was their principal home, and they wanted to exit the home up to 120 nights annually, they could do that without having to be before anybody.

1:20:16

We wouldn't have put a sign out front.

1:20:18

They would have sought to get a license and been able to have operated the house in an exact same way.

1:20:23

Because they are not the primary tenant and they want more or the primary resident and they want more than 120 nights, they come through this process.

1:20:31

And so conditionally, I mean I think when we weigh the when you have to weigh the scale, you have to put it on the scale and you have to weigh it, spacing requirements, compliance with other technical standards, and then the purview of the Commission to say, well, the applicant indicated they wanted 210 nights.

1:20:47

Is 210 nights appropriate?

1:20:49

Maybe we want more midterm rental in this neighborhood, not as much short-term.

1:20:55

That is within the purview of this body.

1:20:58

You can restrict with the accepted with or without the acceptance of the applicant.

1:21:03

It is best if you get the acceptance of the applicant.

1:21:06

Or you can restrict the total number of guests based upon what the site is capable of accommodating.

1:21:13

And Paula is correct.

1:21:16

Ms.

1:21:16

Glayton is correct.

1:21:17

In the discussions with me in preparation of this application, as we have done in several other applications, we suggested ask for more than you know you are capable of to avoid the opportunity that should the use be successful, that you can make the improvement necessary and not come back through the process.

1:21:36

We get through this once, but we, from an administrative perspective, will not allow that license to be any greater than what the capacity of the property is at the time of licensure.

1:21:46

So that is why they were seeking, that's why the application says six.

1:21:49

It was at the advice of staff and at the advice of staff to answer Ms.

1:21:54

Gowway Jones' question.

1:21:55

They have not sought long-term rental at this point, because if they seek long-term rental separate from short-term rental, they are subject to a dual payment of fees and separate inspections.

1:22:06

If they do it together as a single application, it is one inspection and one inspection fee, and that would be more consistent with the processing of this application.

1:22:15

First figure out if you are going to be approved for a short-term rental use.

1:22:19

And if you're not, if you are, you haven't expended extra money.

1:22:24

If you are not, you're going to spend the same amount of money to get the long-term rental license in order to make this property viable as an income property in your absence.

1:22:32

And so that is general approach we take with many of our applicants.

1:22:36

If the time frame is so long and they are eager to begin receiving revenue from a midterm rental, we will advise them to apply for the short or the long-term rental license prior to even coming here in order to save the two and a half to three month delay that they will be having to carry that house without any possible revenue.

1:22:57

And that would be very consistent with making sure that that home is available for long-term, more long-term related tenants.

1:23:04

In this particular instance, this applicant has not indicated an interest in doing that.

1:23:08

So that's why they have not applied for the long-term rental license.

1:23:12

Thank you.

1:23:14

Anything else, Commissioner Gray?

1:23:16

Any other Commissioner comments?

1:23:20

Commissioner Darr?

1:23:21

I am willing to support maximum of four guests.

1:23:27

Commissioner Brotsky.

1:23:30

Yeah, I'll echo what uh Commissioner Darr's statement, you know, just looking at the items that we look at when we approve these.

1:23:38

Uh I think to kick this up to six guests with a giant uh concrete parking pad out front would not be in character with the neighborhood, and it sounds like the applicant is is agreeable to that four guest limitation.

1:23:56

Uh so I would be in support of this application with that uh maximum of four transient guests.

1:24:04

Any other commissioner comment?

1:24:07

Seeing none, would anyone like to make a motion?

1:24:11

I would.

1:24:12

Go ahead, Commissioner Walters.

1:24:13

Uh and for the benefit of the audience, all motions we make are in the affirmative.

1:24:19

I in regarding case number 11-2026, I recommend uh I recommend approval of that requested SDR C UP subject two, maximum occupancy of four transient guests.

1:24:32

Maximum of 210 nights of annual rental usage and that the one car garage be made available when the dwelling is used for SDR purposes.

1:24:41

Is there a second?

1:24:42

Second.

1:24:43

Moved by Commissioner Walters, seconded by Commissioner Ortiz.

1:24:46

Is there any discussion on the motion?

1:24:50

Seeing none.

1:24:51

Commissioner Brodsky, if you are ready, may we have a roll call.

1:24:55

Commissioner Stanton.

1:24:57

No.

1:24:58

Commissioner Stockton.

1:25:00

No.

1:25:01

Commissioner Walters.

1:25:02

Yes.

1:25:03

My vote is yes.

1:25:04

Commissioner Darr.

1:25:06

Yes.

1:25:07

Commissioner Goway Jones.

1:25:08

No.

1:25:10

Commissioner Gray.

1:25:11

No.

1:25:12

And Commissioner Ortiz?

1:25:14

Yes.

1:25:16

The motion is the tie.

1:25:18

So I believe that will be no recommendation.

1:25:21

That will be no recommendation, which I believe is treated negatively at City Council.

1:25:27

Correct, and it will go under old business.

1:25:29

It will go under old business, which means that it will have a full public hearing and not be on the consent agenda.

1:25:36

And I can't tell you what the schedule is, but call tomorrow and you can get that information from neighborhood or from Mr.

1:25:43

Zinner.

1:25:45

Okay.

1:25:47

That was our last case for the evening.

1:25:50

So with that concluded, we will go to public comments.

1:25:52

Are there any public comments of a general nature?

1:25:56

Seeing none, we will go to staff comments, Mr.

1:26:00

Zinner.

1:26:02

Your next meeting will be on December 4th.

1:26:06

So we do have a couple of items, and we, as I think I have maybe previously said, we are in a seasonal slowdown, so our agendas are becoming a little bit less intense.

1:26:20

That's it for December 4, and we will have a work session, a standard work session at 5 30 that same evening.

1:26:28

You have a permanent zoning request that is just to the southeast of the GANs Recreation Center, cross country uh area.

1:26:37

Um this is a request to basically take in County RS property, which is equivalent to our City R1 single family dwelling property for the purposes of being able to extend City Sewer to serve the property and allow it to be, if I'm not incorrect, developed or redeveloped with an existing single family home.

1:26:59

And it is a contiguous parcel, so this would be a direct annexation and so uh separate annexation hearing would be held on this as well.

1:27:08

And then we have uh uh a request for approval of a R1 ADU CUP.

1:27:16

Uh this is something that we do not see very frequently.

1:27:19

Uh this is off of South Glenwood.

1:27:21

Um, and that is uh given the fact that it is in the R1, uh it requires the conditional use permit.

1:27:28

There is a series of uh standard uh review criteria that we will evaluate, as well as there is generally a standard condition to the conditional use permit that the Commission has chosen to apply that only one of the dwelling units may be in the rental program.

1:27:44

Um this.

1:27:47

So that would uh that would be addressed as a part of the Commission's recommendation and will be covered uh in the staff report.

1:27:54

So you know where we're talking about our parcel that is seeking permanent zoning upon annexation, uh there uh just south of the city's boundary, uh, and then our ADU CUP request off of South Glenwood.

1:28:08

Uh in regards to the uh question that Ms.

1:28:10

Dawkins asked this evening, uh the City of Columbia's Parks and Recreation Department, uh, in coordination with our public work staff would need to prepare proper legal descriptions and applications for the rezoning of any city-owned property.

1:28:27

There have been very few occasions in where uh the city recreation department has sought rezoning of parkland.

1:28:36

Most parkland within the City of Columbia is zoned R1.

1:28:40

Um the legal description that is prepared is prepared by our city land surveyor.

1:28:48

City land surveyor is also responsible for doing all other land surveying functions as it relates to all capital projects that we have within the city.

1:28:55

And therefore, unless the priority is identified for the surveying of other city-owned assets that need to be rezoned, such as our parks.

1:29:05

That is one reason we do not see many of them.

1:29:08

Our one is a city-owned property.

1:29:11

They have often been granted to us through conveyances of trusts and things of that nature.

1:29:17

We have possibly used Federal dollars by which to make improvements to said parks, and therefore, really the potential for redevelopment of a said park under the R1 zoning designation, given some of the strings that are attached as its use as a city asset, uh, often doesn't occur.

1:29:34

Um we can try to identify in a more direct way that the zoning of a particular property adjoining a site that is owned by city uh that is owned by the city and what its use is.

1:29:46

But uh at this point we leave normally the rezoning action of municipal property to the departments that own it and seeking it.

1:30:00

The only property that I can tell you that we have formally rezoned and we rezoned it out of Plan District to the open space district was Phillips Farm or Phillips Lake Park down on the south end of town.

1:30:10

And that was to eliminate the planned designation as it was moving forward for the purposes of construction of the field house as well as the fishing facilities that are down there and any other future improvement.

1:30:23

We have only opted to utilize Ozoning in the city on privately owned property out at Old Hawthorne.

1:30:30

The golf course portion of the golf course is under 01, even though the remaining majority of the golf course out there is actually R1.

1:30:38

And then Midway Golf and Games is the only other property that we have within the corporate limits that actually has a portion of their property zoned O.

1:30:46

It is a very, very small percentage of our land area that has actually used that zoning classification.

1:30:53

We could talk with our parks and recreation partners as well as our public work staff who manages all city land to determine if there is a program or process that they anticipate on trying to bring these properties maybe into more compliant zoning classifications, and we can report that back to you.

1:31:12

Thank you, Mr.

1:31:13

Zinner.

1:31:14

And I made a note on my ongoing list, but I do not want to delay small lots.

1:31:20

No.

1:31:21

Thank you.

1:31:22

It's a simple phone call, ma'am.

1:31:26

You say that.

1:31:28

Very good.

1:31:29

Commissioner Commons.

1:31:31

Any comments from my fellow commissioners?

1:31:33

Any motions from my fellow commissioners?

1:31:37

Commissioner Stanton.

1:31:44

Short-term rental case we just heard.

1:31:46

There is no statute limitation is correct.

1:31:51

They can reapply it again.

1:31:52

They can reapply.

1:31:54

Reapply.

1:31:55

Let me let's clarify this because the East Ham applicant reapplied the Monday after it was denied at this body.

1:32:04

Without a withdrawal of the denied application, we cannot receive an application for reconsideration.

1:32:11

We have an active case.

1:32:13

That active case must complete the process.

1:32:17

So you will not be able, the applicant is not capable of resubmitting a denied short-term rental unless they withdraw the denied short-term rental, and there is no attachment of a 12-month period on that.

1:32:32

That's typical for any other land use related action, or they have to let it play out through the council process.

1:32:39

If it is denied at council, then they can come back.

1:32:42

And just so while we have everyone here and those in TV land are wondering when this is going, uh the second reading of this particular case will be scheduled for the first meeting in January, which, if I am not incorrect, will be January 5th of 2026.

1:33:02

January 5th, okay.

1:33:15

Anyone like to make a motion or have further comment?

1:33:20

I make a motion for adjournment.

1:33:22

Commissioner Walters.

1:33:23

Motion to adjourn made by Commissioner Walters, seconded by Commissioner Stanton without objection, we stand adjourned.

Discussion Breakdown — Share of Meeting
Short Term Rental Regulation██████████████████████████26%
Zoning██████████████████████22%
Affordable Housing████████████████████20%
Short Term Rentals███████████████████19%
Procedural████████8%
Public Works██2%
Community Engagement██2%
Accessory Dwelling Units1%
Summary of Proceedings

Planning and Zoning Commission Meeting - November 20, 2025

The Planning and Zoning Commission convened to address three main items: a design adjustment for sidewalk construction on a water supply property, a property rezoning request, and a conditional use permit for a short-term rental in a historic affordable housing neighborhood. The commission unanimously approved the first two cases but experienced a tie vote on the final short-term rental case, resulting in no recommendation.

Consent Calendar

  • Unanimously approved the agenda (Commissioners Stockton and Gray abstained from the minutes approval).
  • Unanimously approved the minutes from the November 6th, 2025 meeting (Commissioners Stockton and Gray abstained).

Public Comments & Testimony

  • Dominic Lee (Speaker/Applicant) stated the property owner proposes building a sidewalk where the street currently exists but requests a waiver and payment in lieu for the unused street frontage.
  • Ms. Dawkins questioned the accuracy of the surrounding land use designations, noting that areas currently zoned R1 might actually be open space or parkland, suggesting a need for rezoning.
  • Ben Falbean (Resident) expressed strong opposition to the short-term rental application. He argued that converting the property, originally built via the "Job Point" affordable housing initiative, back to short-term rental use creates downward pressure on the community. He stated he supports long-term rentals as the only viable way to maintain affordable housing in the central city, noting that neighbors are being displaced. He clarified that his opposition is not about the right to profit but about the loss of a permanent family unit in the neighborhood. He indicated he would not support the application for six guests, requiring a four-guest limit to vote yes, but emphasized the historical context.
  • Barbie Banks (Resident) requested that the applicants withdraw the short-term rental application to allow the property to become a long-term rental for a family, citing the scarcity of such housing in the area.
  • Dee Dolphin (Resident) expressed support for reducing the maximum occupancy to four guests to avoid additional concrete driveway construction, noting the existing density of short-term rentals in the block.
  • Jessica Simpson (Designated Agent) clarified her role as the primary point of contact for the City, confirming she would be responsible for responding to calls from police and neighborhood services. She outlined management protocols including cleaners, handyman services, and a team to handle issues at all hours. She explained that the owners plan to retire there in two years and viewed the short-term rental as a way to offset holding costs while not being present.

Discussion Items

  • Case 284-2025 (Water Supply Sidewalks): Staff recommended approving a partial design adjustment to waive sidewalk construction where North 7th Street does not yet exist, contingent on a payment in lieu of $23,653.17. Commissioner Ortiz expressed surprise at the recommendation regarding the payment. Commissioner Gray noted the discrepancy between the written report and the screen regarding the lot count. The applicant clarified they were proposing a one-lot final plat.
  • Case 06-2026 (Rezoning): Staff recommended rezoning a 0.43-acre property from PD to MOF (Mixed Use Office) to allow a future short-term rental use. Commissioner Gray asked for clarification on why MC and MN zones were deemed too intense, citing building height and drive-thru restrictions that might not fit the residential context.
  • Case 11-2026 (Short-Term Rental): Staff recommended approving a conditional use permit for 411 McBain Avenue with a maximum occupancy of four guests (pending parking) and a limit of 210 nights. Commissioner Darr supported the four-guest limit. Commissioner Gray questioned the relationship between livability policies and short-term rentals, suggesting that zoning conditions can balance policy goals. Commissioner Stanton questioned the designated agent's reliability and the history of the property as a "Job Point" home, raising concerns about whether the original affordable housing restrictions had expired. Legal staff confirmed the ordinance's five-year repayment window likely expired in 2018. Commissioner Walters and Darr expressed support for the four-guest limit over six to preserve neighborhood character. Commissioner Stanton stated he would only vote yes if fully convinced the management system protects the neighborhood.

Key Outcomes

  • Case 284-2025 (Design Adjustment): Motion by Commissioner Ortiz, seconded by Commissioner Gray. ROLL CALL RESULT: 8 Yeas, 0 Nays (Commissioner Wilson absent). The motion carries to partially waive sidewalk construction requirements in exchange for a $23,653.17 payment in lieu.
  • Case 284-2025 (Final Plat): Motion by Commissioner Walters, seconded by Commissioner Gray. ROLL CALL RESULT: 8 Yeas, 0 Nays. The motion carries to approve the one-lot final plat.
  • Case 06-2026 (Rezoning): Motion by Commissioner Stanton, seconded by Commissioner Gray. ROLL CALL RESULT: 8 Yeas, 0 Nays. The motion carries to rezone from PD to MOF.
  • Case 11-2026 (Short-Term Rental): Motion by Commissioner Walters, seconded by Commissioner Ortiz, recommending approval for 4 guests and 210 nights. ROLL CALL RESULT: 4 Yeas (Brodsky, Walters, Darr, Ortiz), 4 Nays (Stanton, Stockton, Goway Jones, Gray). The motion results in a tie, therefore there is no recommendation forwarded to City Council. The item will be placed on the City Council agenda under Old Business for a full public hearing. The second reading is scheduled for January 5, 2026. Commissioner Stockton and Commissioner Wilson (absent) voted No; Commissioner Stanton voted No; Commissioner Walters voted Yes. (Note: Transcript indicates Brodsky, Walters, Darr, Ortiz as Yes and Stanton, Stockton, Goway Jones, Gray as No, resulting in a 4-4 split).
  • The meeting was adjourned. Next meeting scheduled for December 4, 2025.

Meeting Transcript

I will now call the Thursday, November 20th, 2025 meeting of the Planning and Zoning Commission to order Commissioner Brodsky. May we please have a roll call? Just go back to her. Okay. Okay. Um I apologize. I forgot to see look back to see who voted first. I did last time. You did. Thank you. Perfect. Commissioner Stanton, you are first this round. So Commissioner Stanton. Are you Are you here? Here. Oh, you get a wall call back there. Commissioner Stockton. Here. Commissioner Walters. Here. Commissioner Wilson is absent. I am here. Commissioner Darr. Here. Commissioner Goway Jones. Here. Commissioner Gray. Here. And Commissioner Ortiz. Here. We have a quorum of eight. Thank you very much. Are there any changes to our agenda this evening, Mr. Zinner? No, there are not. Is there a motion to approve the agenda? I moved to approve the agenda. Second. Moved by Commissioner Stanton. Seconded by Commissioner Ortiz. Is there a thumbs-up approval on the agenda? Unanimous. We all received and there was publicly distributed the November 6th minutes of our regular meeting. Are there any changes or adjustments to the minutes? Seeing none, is there a motion to approve? I moved up with uh minutes from November 6th, 2025. Second. Uh moved by Commissioner Stanton, seconded by Commissioner Ortiz. Is there thumbs up approval of the minutes? Unanimous with Commissioners Stockton and Gray abstaining.

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