City of Columbia, Missouri

Meeting Minutes

Planning and Zoning Commission

Conference Rooms

1A/1B

Thursday, September 22, 2022

Work Session

5:30 PM

Columbia City Hall

701 E. Broadway

I. CALL TO ORDER

8 -

Present:

Sara Loe, Anthony Stanton, Michael MacMann, Valerie Carroll, Sharon Geuea

Jones, Robbin Kimbell, Peggy Placier and Shannon Wilson

1 - Tootie Burns

Excused:

II. INTRODUCTIONS

III. APPROVAL OF AGENDA

Meeting agenda adopted unanimously, as amended (move “New Business” to the

end of agenda).

Adopt agenda as amended

IV. APPROVAL OF MINUTES

September 8, 2022 Work Session

September 8, 2022 work session minutes adopted as presented.

Adopted minutes as presented

VI. OLD BUSINESS

A. Draft Regulations - Short-term Rental (continuation)

Mr. Zenner introduced the topic and distributed a “flow-chart” prepared by

Chairman Loe that was intended to alleviate some confusion on the types of STR

licensures that could be granted at the various STR Tiers that were being proposed

within the regulations. He went on to explain that after reviewing the follow chart

it became apparent that some modifications and alterations to the definitions, the

focus of the September 8 work session, were necessary.

However, before discussing the proposed definition changes Mr. Zenner asked for

clarification on why the Commission desired to establish STR’s as an “accessory

use”. He noted that calling out the use in this fashion seemed unnecessary given

the fact that a property owner, all thing being considered equal, would likely

choose to have the ability to rent their principal residence for greater than 30 days

per year if they were going to be required to go through all the same inspection

requirements. Mr. Zenner asked if it was the Commission’s intent to allow

principal residence STRs that were rented no more than 30 days to be allowed

reduce inspection, application fees, and other proposed regulatory standards to

justify the “accessory use” classification. The Commission noted that this was their

intent and further noted that this was in keeping with the original idea of a

property owner being allowed utilize excess space within their primary residence.

Having received this confirmation on why “accessory use” was proposed, Mr.

Zenner suggested that if it were the Commission’s desire to include a “tenant” as

an eligible STR licensee, subject to property owner authorization, then potentially

it would be appropriate to include that type of occupant within the “accessory use”

designation as was illustrated in Chairman Loe’s flowchart. Doing so would allow

the such an individual, who for all intents and purposes, claims the dwelling to be

their primary residence the same opportunities to benefit from the proposed

regulations which may promote opportunities to retain affordable rental housing.

Furthermore, Mr. Zenner pointed out that including such use authorization would

be at the most restricted level; therefore, offering a greater level of control on the

alternative use of the dwelling which in turn may reduce unforeseen impacts of

upon the surrounding neighborhood.

There was general Commission discussion on this suggestion. Mr. Zenner noted

that licensure to a tenant would require authorization by the property owner

before such license would be issued. From an administrative perspective the

cross-check on property owner authorization would add limited addition burden to

staff and could be covered in an application form. Additionally, the property owner

and the tenant would be equally responsible for addressing possible code

violations as the property owner was ultimately responsible for their rental

certificate. Following additional discussion, the Commission agreed to that

allowing “tenants” an opportunity to be licensed for STRs in their primary residence

for no greater than 30 days was a step in the right direction and permitted more

parity between property owners and tenants.

Given this conclusion, Mr. Zenner noted revisions to the definitions discussed but

set aside at the last work session would need revision. He stated that the definition

of “Owner” was proposed to be modified to remove references to “tenants”. He

also stated that a new definition of “Principal Resident” was proposed which would

be inclusive of both an owner and tenant. Additionally, Mr. Zenner noted that the

definition of “Principal Residence” was proposed to be simplified by making

reference to “Principal Resident” and identifying what staff would evaluate to

conclude the dwelling was actually the principal resident’s principal residence.

Finally, he stated that the definition of “Secondary Residence” was to be modified

such that licensure of this type of dwelling would be limited to only an “owner” and

not a tenant.

Mr. Zenner showed the Commissioners the following proposed definitions which

were discussed and subsequently voted upon. Vote totals are shown within

(parenthesis).

Owner. When used in the context of Short-Term

Rentals this term shall mean, any person, firm, trust,

corporation, partnership or any other legal entity

who has legal interest in a property as shown within

the records of the Boone County Accessor’s Office.

(7-0 Approved)

Principal Resident. When used in the context of

Short-Term Rentals this term shall mean, the owner

or a tenant under a signed lease greater than 30

days, that occupies a dwelling unit that is their true,

fixed, and principal residence to which, whenever

absent, they return until a new principal residence

is established. (7-0 Approved)

Principal Residence. The one dwelling unit in which

a principal resident resides that, whenever absent,

is the dwelling to which they return until a new

principal residence is established. A principal

residence shall be documented by motor vehicle or

voter registration, driver license, or other such

evidence as determined acceptable by the Director

of Community Development. (Approved 7-0)

Secondary Residence. A dwelling unit in which an

owner, as defined herein, lives temporarily for time

intervals less than their principal residence and for

which all necessary utilities shall remain in the

owner’s name. (Approved 8-0)

In discussing the revised definitions, Commissioners expressed concern relating to

the possibility of STR licensure to properties owned by LLC or other legal entities as

proposed within the definition of “Owner”. It was suggested that to discourage

possible abuses, the application process be structured such that it required

applicants who were not an individual owner to disclose all owner who had greater

than 10% interest in a property. Requiring this disclosure, Commissioners

believed, would permit staff with an ability to create a database of owners to

whom future applications could be compared against to ensure that only one (1)

licensure per entity were being issued.

There was discussion of this recommendation. Staff identified that there could be

possible administrative burdens associated with it, but would investigate if such

provisions would be possible. There was also discussion that the disclosure would

be more of a burden on the applicant than staff and that it would send a signal that

the City was serious about only permitting one licensure per entity. Following

additional limited discussion, the definition of “Owner” was approved with the

caveat staff would further investigate a way of identifying multiple owners within

LLC or other legal entities to ensure that goal of a single licensure be upheld.

Having established the baseline for the definitions of “owner”, “principal resident”,

“principal residence”, and “secondary residence”, Mr. Zenner indicated that at the

next work session the Commission would be able to discuss the rest of the

proposed regulatory standards in the draft ordinance. He noted that the next

published version of the draft would be updated to include the adopted

definitions.

V. NEW BUSINESS

A. Election of Commission Officers 2022-2023

Mr. Zenner distributed ballots and provided general instruction on how votes were

to be cast. He requested that Chairman Loe open the floor for nominations of each

position (Chair, Vice-Chair, and Secretary) followed by voting on those positions

individually. Once all votes were cast Mr. Zenner asked that all ballots be returned

to him for the purposes of records retention.

Commissioner Geuea-Jones was nominated to become the PZC Chair. Motion

made by Commissioner Carroll and seconded by Commissioner Placier.

Nomination was approved unanimously. Commissioner Loe was nominated to

become PZC Vice-Chair. Motion made by Commissioner Kimball and seconded by

Commissioner MacMann. Nomination was approved unanimously. Commissioner

Carroll was nominated to become PZC Secretary. Motion made by Commissioner