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.