City of Columbia, Missouri

Meeting Minutes

Planning and Zoning Commission

CONFERENCE RM

1A/1B

Thursday, September 19, 2024

WORK SESSION

REVISED

5:30 PM

CITY HALL

701 E BROADWAY

I. CALL TO ORDER

6 -

Present:

Sara Loe, Anthony Stanton, Sharon Geuea Jones, Peggy Placier, Thomas Williams

and Robert Walters

1 - Shannon Wilson

Excused:

II. INTRODUCTIONS

III. APPROVAL OF AGENDA

Meeting agenda adopted unanimously

Move to approve agenda as submitted

IV. APPROVAL OF MINUTES

September 5, 2024 Work Session

The September 5, 2024 work session minutes were approved unanimously with

Commissioner Loe abstaining.

Move to approve minutes as presented

V. NEW BUSINESS

A. Legal Department Training - Sunshine Law & Open Records

Earl Kraus with the Law Department provided annual Board and Commission

Training on the Sunshine Law and Open Records requirements that were applicable

to the Planning Commission. Mr. Kraus went through the specifics of each topic

area spending more significant time on the Sunshine Law’s standards given their

greater significant with the activities the Planning Commission is typically involved

in. There were general questions asked about the applicability of particular

provisions and several examples of situations and best practices were offered.

With respect to the Open Records portion of the presentation, Mr. Kraus stated that

it is best practice to relying on Mr. Zenner as the Commission’s liaison for

communications between the entire Commission least the be the potential for

conducting a meeting unintentionally. He also noted that responding “Reply All”

was not recommended as it could result in an open records request on a

Commissioner’s personal electronic device. He also discussed fines associated with

violations of the Open Records requirements and that such fines could be levied

against Commissioners individually as well as against the City. Again,

Commissioners asked several questions and there was general discussion.

Mr. Kraus concluded his presentation by provided his contact information and

encouraged Commissioners to reach out to himself, Jesse Craig, or Mr. Zenner

should there be questions regarding the topics covered. The Commission thanked

Mr. Kraus for his presentation.

B. Planning Commission Officer Elections

Mr. Zenner explained that it was again that time of the year for PZC Officer

Elections. Ballots were distributed to the Commissioners. The Chair called for

nominations for the officer positions. Commissioner Loe nominated Commissioner

Geuea Jones as Chairman which was seconded by Commissioner Placier.

Commissioner Geuea Jones nominated Commissioner Stanton as Vice-Chair which

was seconded by Commissioner Loe. Commissioner Geuea Jones nominated

Commissioner Williams for Secretary which was seconded by Commissioner

Stanton.

Nominations were closed and Mr. Zenner requested that Commissioners indicate

their votes on the distributed ballots. Following Commissioners casting their votes,

the ballots were returned to Mr. Zenner for tallying the vote count. Mr. Zenner

announced that following voting the Officers for the 2024-2025 session of the

Commission were Commission Geuea Jones as Chair, Commissioner Stanton as

Vice-Chair, and Commissioner Williams as Secretary by unanimous election.

Move to elect Commissioner Geuea Jones as Chair, Commissioner Stanton as

Vice-Chair, and Commissioner Williams as Secretary

6 - Loe, Stanton, Geuea Jones, Placier, Williams and Walters

1 - Wilson

Yes:

Excused:

C. Short-term Rental Application & CUP Evaluation Criteria

Mr. Zenner introduced the topic and explained that the purpose of the discussion

was to ensue that the process of delivering staff reports on STR CUP requests was

made more efficient. He noted that depending on the outcome of the

Commission’s discussion it was possible that the current application form for a STR

CUP would be modified to collect “general” information that Commission was

presently asking for as part of the public hearing. Having this information up-front

and included in the staff report would reduce time spent asking questions.

Mr. Zenner also noted that there was a desire to gain clarity on several of the

provisions that were within the regulations such that their application to a specific

CUP request could be accurately communicated. Specifically, there were questions

relating to the issue of ADA accessibility and how the supplemental CUP review

criteria seeking information on STRs within 300-feet of the subject site were to be

applied. Mr. Zenner noted he would first seek input on the ADA accessibility

matter.

Mr. Zenner stated that when STR CUP requests were initially brought forward to the

Commission, staff commentary on this requirement was more generalized and

referenced compliance with the standards would be determined following

additional review of the specific dwelling by Housing and Neighborhood Services

and Building and Site Development staff. However, as additional applications have

been received and several of the dwellings seeking CUP approval were observed to

have stairs, the staff reports began to express the ADA requirement more strongly

and noted that not only exterior and interior accessibility was required.

In discussion with Housing and Neighborhood Services and Building and Site

Development staff, a question arose as to if this provision was actually triggered

based on the requirements of the Building Code. The applicability of the ADA

provisions was discussed at great length during the STR regulation adoption process

and the opinion of staff offered at that time was that the ADA provisions were not

applicable given the Building Code did not recognize a “change in use” had occurred

with the structure simply by approving a CUP to allow the dwelling to be used as an

STR. Since this opinion was first offered, the Building and Site Development

Division’s leadership has changed; however, the new leadership still contend that

the opinion previously offered is correct.

Upon being provided this opinion and in efforts to not upend the progress made in

adopting the regulations, Mr. Zenner explained that he asked Building and Site

Development leadership if there were any options available to facilitate the intent

of the regulations as they presently exist. The recommendation offer was that an

independent ADA Assessment be prepared by a “third-party” that would be

submitted with the application to seek an STR Certificate of Compliance. Mr.

Zenner noted that this recommendation would appear to make sense given that

the ADA accessibility standards are only applicable to dwellings seeking STR

approval that are not the applicant’s “principal residence”. Mr. Zenner asked what

thoughts the Commission had.

There was general discussion and concern expressed with respect to the staff’s

response that no change of use has occurred. A question was asked if the City had a

procedure by which it officially determined “change of use”. Mr. Zenner noted that

he was informed that there; however, it often as other factors associated with it

and that he would prefer to have Building and Site Development leadership

provide its rationale for its position. There was discussion with respect to the

recommendation that an independent “third-party” ADA assessment be required as

a part of the STR Certificate of Compliance process. Commissioner generally

supported that concept as a means of assuring that existing regulatory provisions

were being considered in the approval process and when required would be

triggered.

Given the Commission’s general acceptance of the recommended compromise with

respect to the ADA accessibility requirements, Mr. Zenner noted that the CUP staff

reports for STRs would return to how they were initially prepared with more

general language requiring compliance subject to review by the Housing and

Neighborhood Services and Building and Site Development staff.

Given time constraints Mr. Zenner noted that the Commission would return to this

topic at a future work session meeting. Following completion of the discussion

official changes to the STR application process would be facilitated.

VI. NEXT MEETING DATE - October 10, 2024 @ 5:30 pm (tentative)

VII. ADJOURNMENT