City of Columbia, Missouri

Meeting Minutes

Planning and Zoning Commission

Conference Rooms

1A/1B

Thursday, January 6, 2022

5:30 PM

Work Session

Columbia City Hall

701 E. Broadway

I. CALL TO ORDER

9 -

Present:

Tootie Burns, Sara Loe, Joy Rushing, Anthony Stanton, Michael MacMann, Valerie

Carroll, Sharon Geuea Jones, Robbin Kimbell and Peggy Placier

II. INTRODUCTIONS

III. APPROVAL OF AGENDA

Meeting Agenda adopted unanimously.

Approve agenda as presented

IV. APPROVAL OF MINUTES

December 9, 2021 Work Session

December 9, 2021 work session minutes adopted as presented.

Approve December 9, 2021 minutes as presented

V. NEW BUSINESS

A. Building Code and Short-term Rentals - Legal Opinion

Mr. Zenner provided an overview of the correspondence prepared by Mrs.

Thompson on behalf of the Law Department. He explained that the

correspondence was prompted by research conducted by Chairman Loe related to

the applicability of the City’s adopted Building Codes (IRC and IBC) with respect to

short-term rentals. The intent of the correspondence was to offer guidance as to

the appropriateness, at this time, of tying Building Code requirements (i.e. use

group classifications) to the land use regulatory discussion that the Commission

was engaged in as they sought to develop standards to regulate short-term rentals

in general.

Mr. Zenner noted that the Building Regulation Supervisor reviewed the materials

submitted by the Chairman and provided his findings to the Law Department as

well had discussed those findings with Community Development Director who is,

by City Code, the “Building Official”. Based on staff’s analysis and the opinion

rendered by the Law Department it was concluded attempting to tie the Building

Code provisions cited by Chairman Loe to current regulatory discussion was

premature. This conclusion was based on the fact that “short-term rental” was not

yet defined within the City’s regulatory structure, the Building Construction Codes

Commission was engaged in a comprehensive review of the 2021 Building Code and

would ultimately make a recommendation to City Council on what if any possible

local amendments would be recommended, and that an enforcement abeyance

was in place suspending enforcement of the use which is currently considered

illegal given it is not defined within UDC. Mr. Zenner noted that the Law

Department suggested if the Commission had an opinion or recommendation on

what “use group” should be considered for classifying short-term rentals that could

become part of its recommendation on the land use controls.

Following this overview there was significant discussion among the Commissioners

relating to these findings and the opinion rendered. Concern was expressed that

the analysis failed to look at all the information provided by Chairman Loe. It was

further noted that given the assessment provided by the Building Regulation

Supervisor that owner-occupied housing was the only permissible type of STR that

would be considered to fall into the R1 or R2 use groups. Based on this statement,

the Commission began to discuss at great length the need to consider STRs

equivalent to what was defined in the Building Code as a “lodging house”.

Mr. Zenner stated that “lodging house” was a defined use within the UDC and that

an STR was generally considered a completely independent use that needed a

unique definition and assignment within the land use table as to where it would be

permitted. He noted that the Commission and staff could create specific

requirements that would apply to STRs to ensure their compatibility within the

current built environment. There was discussion as to why this was necessary if the

Building Code appeared to already provide guidance as to what use group an STR

would fall into and under what general limitations.

There was discussion on possibly just creating a registration process and allowing

the Building Code provisions identified by the Building Regulation Supervisor to

govern the use. Mr. Zenner pointed out that the focus of the Building Code and that

of the UDC were different. The purpose of creating standards within the UDC was

to authorize the land use “short-term rental” and provide parameters by which that

use could be allowed within the community. The Building Code does not authorize

land uses, but rather provides guidance on how the structures built to

accommodate such a land use are evaluated for compliance with life-safety

considerations or building construction requirements.

There was additional discussion on the necessity for having adequate staff in place

to enforce any proposed regulations, the desire to restrict occupancy, and need to

propose regulations that were not complex. In light of these general desires and to

provide guidance with respect to the regulatory development process, it was

recommended that a tier of regulation on STR be prepared that utilized the

parameters of what the Building Code established for an owner-occupied lodging

house.

The Commission requested that staff prepare a regulatory tier that would permit an

STR within any residential zoning district (R-1, R-2, or R-MF) provided it was owner

occupied and had no more than 5 bedrooms or a total of 10 guests. Mr. Zenner

noted that this could be done and was more permissive than what was

contemplated by staff; however, was consistent with regulatory standards from

other municipalities that had been evaluated.

Mr. Zenner noted that the developing the tiers without first defining key terms may

create issues as the definitions for “owner” and “STR” were believed to be

essential first steps to ensure everyone was on the same page when referring to

those terms and how they would influence the operational characteristics of an STR

locally. He noted that the second item on this evening’s agenda was prepared to

allow the Commissioners to select from several definitions viewed as best

capturing aspects of prior conversation.

There was discussion that it would be appropriate to consider the work prepared

for the second agenda item at the next work session. It was suggested that the

Commission vote up or down the definitions and associated items in efforts to

provide guidance to staff as to how it should proceed with the preparation of

additional regulatory standards. It was further stated that proceeding in such a

manner similar to what was performed during the last STR regulatory process and

would afford Commission the opportunity to express their opinions in a more

focused fashion for staff.

B. Short-term Rental Regulations - Proposed Definitions

Due to time limitations this item was not discussed. Topic to be carried forward to

January 20, 2022 work session agenda.

VI. NEXT MEETING DATE - January 20, 2022 @ 5:30 pm (tentative)

VII. ADJOURNMENT

Meeting adjourned approximately 7:00 pm

Motion to adjourn