Planning Commission recommends denial of rezoning request for Jason Luby property

The City Planning Commission on an advisory vote recommended denial of zoning case ZN8771, a request by property owner Jason Luby to change zoning from RS-6 (Residential, 6,000-square-foot lots) to CG-1 (General Commercial). The commission followed staff advice that the request is inconsistent with the Bay Side Area development plan and the city's future land use map.

Staff representative Andrew (Development Services) told commissioners the property sits south of Galahar Road and east of Ayr Street and that required public notice was sent: 34 notices mailed with none returned in favor and none returned in opposition. After comparing the request against the Unified Development Code, the area development plan and the future land use map, staff recommended denial because the map forecasts the parcel to remain single-family residential and the proposed CG-1 zoning would be nonconforming.

Applicant Jason Luby described a long family history with the parcel, saying his family bought the land around 1950 and that a metal building on the site dates to about 1952–54. ‘‘We’ve operated it just like it is,’’ Luby said, recounting decades of vehicle collection and repair and noting that the appraisal district lists the parcel as commercial and that taxes have been paid as such. Luby asked what options exist if the parcel remains residential.

Commissioners and staff repeatedly advised that a broad rezoning to CG-1 would open the door to a wide range of commercial uses — including bars or other uses that could be controversial in a predominantly residential neighborhood — and urged Luby to return with a specific development plan or a buyer so the city could consider a special permit tailored to a defined use. Staff explained that special permits can include caps on building size, require buffer yards (typically a 15-foot buffer and a masonry wall for noise-generating uses), and otherwise limit impacts.

A motion to follow staff’s recommendation to deny the rezoning was moved and seconded and passed by voice vote, making the Planning Commission’s formal recommendation against rezoning. Commissioners and staff reminded Luby that this Commission issues a recommendation only; the City Council will consider the case next. Because the Commission recommended denial, the Council would need a supermajority to approve the rezoning contrary to the recommendation.

Staff said it will notify the applicant of the City Council hearing date and again encouraged him to meet with Development Services to explore a special permit or a narrowly defined zoning change tailored to a specific future use. The Planning Commission then moved to other business and adjourned.