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HomeMy Public PortalAbout2017-09-14 packetNotice of Meeting & Tentative Agenda City of Jefferson Planning and Zoning Commission Thursday, September 14, 2017 - 5:15 P.M. City Council Chambers, John G. Christy Municipal Building, 320 East McCarty Street Enter through Main Lobby All interested parties will be given a chance to be heard. TENTATIVE AGENDA 1. Call to Order and Introductions 2. Procedural Matters • Determination of quorum and designation of voting alternates • Call for cases • Receive and review requests for continuance • Receive requests for reordering the agenda • Format of hearing • List of exhibits 3. Adoption of Agenda (as printed or reordered) 4. Approval of the Regular Meeting Minutes of August 10, 2017 5. Communications Received 6. New Business A. Discussion of Zoning Code Amendment Pertaining to Short Term Rentals (discussion only, no formal action by the Commission) 7. Other Business A. Staff updates on prior cases S. Adjourn Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Please call (573) 634-6410 with questions regarding agenda items. MINUTES JEFFERSON CITY PLANNING AND ZONING COMMISSION August 10, 2017 5:15 p.m. COMMISSION MEMBERS PRESENT Bunnie Trickey Cotten Jack Deeken Dean Dutoi Bob George Chris Jordan, Chairman Michael Lester David Nunn Dale Vaughan Michelle Mahoney, Alternate Blake Markus, Alternate COMMISSION MEMBERS ABSENT Matthew Hall, Alternate Chris Yarnell, Vice Chairman COUNCIL LIAISON PRESENT Carlos Graham STAFF PRESENT Jayme Abbott, Neighborhood Services Manager Eric Barron, Senior Planner Shane Wade, Civil Engineer II Bryan Wolford, Associate City Counselor Alex Rotenberry, Transportation Planner Anne Stratman, Administrative Assistant ATTENDANCE RECORD 2 of 2 1 of 2 2 of 2 2 of 2 2 of 2 2 of 2 2 of 2 2 of 2 2 of 2 2 of 2 0 of 1 0 of 1 1. Call to Order and Introduction of Members, Ex -officio Members and Staff The Chairman, seven regular members and two alternates were present. A quorum was present. Designation of Voting Alternates The Chairman announced that all regular members and alternate Mr. Markus were eligible to vote. 2. Procedural Matters and Procedures Explained As there no public hearings scheduled for the August 10, 2017 meeting, Mr. Barron referenced the procedures for the meeting. The following documents were entered as exhibits. Mr. Barron advised that copies of the exhibits are available through the City Clerk or the Department of Planning and Protective Services: The City Code of the City of Jefferson, as amended Comprehensive Plan and Land Use Map Copies of applications under consideration A list of property owners to whom notices were sent Affidavit of publication of the public notice in the newspaper Rules of Procedure, Planning & Zoning Commission Mr. Barron submitted the following items for the record: Staff reports Minutes of proceedings Copies of drawings, plans, and/or renderings under consideration Letters or memoranda from staff Materials submitted by the public or applicants pertaining to the cases under consideration 3. Adoption of Agenda Ms. Cotten moved and Mr. Dutoi seconded to adopt the agenda as printed. The motion passed 8- 0 with the following votes: Aye: Cotten, Deeken, Dutoi, George, Lester, Markus, Nunn, Vaughan 4. Approval of Minutes of the Regular Meeting of July 13, 2017 Mr. Lester moved and Mr. Nunn seconded to approve the minutes of the Regular Meeting of July 13, 2017 as written. The motion passed 8-0 with the following votes: Aye: Cotten, Deeken, Dutoi, George, Lester, Markus, Nunn, Vaughan 5. Communications Received No correspondence was received. 6. Other New Business Case No. P17017 — 2713 W Main Street. Final Subdivision Plat of Schroeder Subdivision. Request filed by James and Cathy Schroeder for a Final Subdivision Plat of 2.27 acres into three lots. The property is zoned M-2 General Industrial. The purpose of the subdivision is to divide the three buildings on the property so that each building exists on a separate lot. (Central Missouri Professional Services, Consultant). Mr. Barron described the proposal and explained that the subject property is zoned M-2 General Industrial and consists of 2.27 acres. He stated that this proposal is for the approval of a Final Subdivision Plat for Schroeder Subdivision addressed as 2713 W. Main Street. Mr. Barron explained that this proposal involves the division of a developed property, which currently has three industrial style buildings located on it, into three separate tracts with one building on each tract. He stated that the buildings are addressed as 2713 W. Main Street, 2706 Industrial Drive, and 2708 Industrial Drive. Mr. Barron explained that the proposal is to divide the property into three separate tracts to allow each individual building to be offered for sale. He stated that utilities for the three buildings are existing. Mr. Barron explained that a cross access and utility easement is planned to be put in place to ensure that each building has the ability to maintain existing utilities and install new utilities if necessary. He stated that a draft version of the reciprocal easement and obligations document has been received and reviewed by staff. Mr. Barron explained that the property owner has submitted a request for deferral of the sidewalk construction requirement which will be administratively processed by city staff upon approval of the subdivision plat. Ms. Abbott left at 5:27 p.m. Mr. Graham left at 5:30 p.m. Mr. Keith Brickey, Central Missouri Professional Services, 2500 E. McCarty Street, spoke regarding this request and that the subject property consists of three buildings on one tract of ground. He stated that it is the property owners desire to split each property into its own lot for the purpose of sale. Mr. Brickey explained that in the past Mr. Schroeder has tried to market the subject property is a whole and was not able to sell. Mr. Bill Gratz, 2315 Route M, Wardsville, Missouri, spoke regarding this request and explained that Mr. Schroeder tried to market the subject property as an entire tract. He stated that Mr. Schroeder determined that there is not a demand for three separate warehouse buildings on one large tract. Mr. Gratz explained that currently there is an interest for each separate building. No one spoke in opposition to this request and no correspondence was received. Mr. Barron gave the Planning Division staff report. Mr. Wade gave the Engineering Division staff report. Mr. Brickey stated that he concurs with staff comments and recommendations. Mr. Dutoi moved and Mr. Nunn seconded to recommend approval of the Final Subdivision Plat of Schroeder Subdivision to the City Council with the following conditions: 1. Compliance with the comments and technical corrections of city staff. 2. Submittal of a signed final plat and signed reciprocal easement document prior to introduction to City Council. The motion passed 8-0 with the following votes: Aye: Cotten, Deeken, Dutoi, George, Lester, Markus, Nunn, Vaughan 7. Other Business Mr. Barron gave a brief update on the following items: • 1200 & 1300 Block of Trade Center Parkway. Rezoning from M-1 Light Industrial to PUD Planned Unit Development; Comprehensive Plan Amendment and Concept PUD Plan for Apartments; Approved by City Council. • 210 Prodo Drive. Rezoning from PUD Planned Unit Development to C-1 Neighborhood Commercial; Approved by City Council. • Zoning Code Text Amendment Pertaining to Event Center, Nightclubs, After Hours Establishments and Smoking Lounges; Approved by City Council. • Zoning Code Text Amendment Pertaining to Assisted Living Facilities; Approved by City Council. • 1732 & 1736 Vieth Drive. Final PUD Plan for a Skilled Nursing Facility; scheduled for Public Hearing before City Council on September 5. • Southside Old Munichburg District and Neighborhood Plan; rescheduled the Public Hearing before City Council for September 5. • Short Term Rentals. Scheduled to be presented to P&Z at September 14 Meeting 8. Adjourn. There being no further business, the meeting adjourned at 6:03 p.m. Respectfully Submitted, Eric Barron, Assistant Secretary Jefferson City Planning & Zoning Commission September 14, 2017 City Staff Discussion Item: Short term rental of a residence or lodging room • Draft Zoning Code Amendment Bill • Staff Summary • Informational Article regarding short term rentals BILL NO. SPONSORED BY ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 35, THE ZONING CODE, PERTAINING TO SHORT TERM RENTAL OF A RESIDENCE OR LODGING ROOM. WHEREAS, It appears that the procedures set forth in the zoning code relating to zoning code text amendments have in all matters been complied with. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Sec. 35-28 (Matrices of permitted, conditional and special exception use land uses and classification of uses not listed) Exhibit 35-28 (Land Uses Authorized in Zoning Districts), is amended as follows: See Attachment A Section 2. Sec. 35-41.B (Specific Use Standards) is hereby amended with the addition of a new sub -section pertaining to Short Term Rental of a Residence or Lodging Room as follows: 35. Short Term Rental of a Residence or Lodging Room a. Location. Short Term Rental of a Residence or Lodging Room may be authorized in the districts specified by Exhibit 35-28 Land Use Matrix. b. Specific Provisions. Short Term Rental of a Residence or Lodging Room shall adhere to the following: (1) Special Exception Use Permit. Where use of a property as a Short Term Rental is authorized by Special Exception Use Permit the Special Exception Use Permit shall be issued in the name of the owner of the property, and is non -transferable. (2) The short term rental shall be located within an existing primary structure residence. Accessory structures shall not be used for sleeping or accommodation purposes. (3) Number of Guests and Rooms. The following shall be applicable for Short Term Rental of a Residence or Lodging Room, as indicated. (a) Short Term Rental of a Residence. A maximum of five unrelated persons or any number of persons related by blood, marriage or adoption shall be permitted as lodging quests. (b) Short Term Rental of a Lodging Room. A maximum of one rental space may be rented to guests, Scriveners Note: Inserted text shown as thus. Deleted text shown as thus. multiple rentals within the same residence is not permitted. A maximum of four people shall be permitted as quests. (4) Signage. Exterior signage shall be limited to one sign of a maximum size of one square foot, which must be attached to the structure. No other exterior signage, display, or other indication of the variation from the residential character of the building shall be permitted. (5) The property shall not be rented or used for receptions, parties, weddings or similar activities. (6) Parking. The property shall have sufficient parking spaces to accommodate both residents and quests. Where on-site parking is provided, the minimum parking requirement for a Short Term Rental of a Lodging Room shall be two on- site parking spaces on streets where on -street parking is permitted, or three on-site parking spaces on streets where on street parking is not permitted. (7) Length of Stay. The following shall be applicable for Short Term Rental of a Residence or Lodging Room, as indicated. (a) Short Term Rental of a Residence. The maximum length of stay for a quest shall be 7 consecutive nights. (b) Short Term Rental of a Lodging Room. The maximum length of stay for a guest shall be 7 consecutive nights. (8) The residence shall maintain a residential appearance and adhere to all applicable codes of the City of Jefferson. Trash receptacles shall be placed at the curb only during trash service days. Noise emanating from the residence shall be at a level typical for a residential home. Visitors of guests shall not be excessive in number or out of character with the residential nature of the property. c. The advertisement or offering for rent of a Short Term Rental without approval or in conflict with the specific provisions of this section or the other provisions of this chapter shall be considered a violation. d. The Short Term Rental of a residence or lodging room shall be subject to all applicable taxes including lodging taxes, sales taxes, and business licensing regulations. e. The Short Term Rental of a residence or lodging room shall be subject to Fire Code and Building Code inspection requirements. Section 3. Sec. 35-92 (Definitions) is hereby amended as follows: Short Term Rental of a Residence. The rental of a dwelling unit for a period of seven nights or less. Short Term Rental of a Lodging Room. The rental of a portion of or room within a dwelling unit for a period of seven nights or less. Scriveners Note: Inserted text shown as thus. Deleted text shown as tis. Section 4. This ordinance shall be in full force and effect from and after its passage and approval. Passed: Approved: Presiding Officer Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Counselor Scriveners Note: Inserted text shown as thus. Deleted text shown as thus. Attachment A. Exhibit 35-28: Land Uses Authorized in Zoning Districts Use Category Specific Use Type Zoning Districts RU RS -1 RS -2 RS -3 RS -4 RD RA -1 RA -2 N -O RC MU -1 C -O C-1 C-2 C-3 M-1 M-2 3. Commercial Use 6. Short Term Rental of a SE SE SE SE SE SE SE SE SE SE SE SE SE SE SE " B. Lodging Residence 7. Short Term Rental of a SE SE SE SE SE SE SE SE SE SE SE SE SE SE SE ' Lodging Room Scriveners Note: Inserted text shown as thus. Deleted text shown as thus. Planning Division Staff Summary Proposed Short Term Rental Zoning Code Amendment 9-14-17 Staff Comments: Planning Division Staff have researched the topic of short term rental uses, and found that there is a variety of ways that other cities regulate such a use, from specific overlay districts where such uses are permitted to requiring special permits prior to operating the use. Cities tend to attach specific regulations and requirements to the use as well. Staff have prepared a draft ordinance based on the research. Draft Ordinance: Short term rentals would be divided into two types as follows: 1. Short Term Rental of a Residence — where an entire house is rented out 2. Short Term Rental of a Lodging Room — where a single room or basement is rented out. Rentals in the lodging room category would be limited to a single room or area within a residence. The code amendment would differentiate between these two different types of use but apply essentially the same "Specific Use Standards" to each of them. Short term rentals could be proposed for essentially any residence, apartment unit, downtown loft, etc. Short Term Rentals would be listed as a "Special Exception Use" in all zoning districts (except the industrial districts). This would require a property owner to apply for a Special Exception Use Permit, which would be reviewed by the Planning and Zoning Commission, in a public hearing format, before being forwarded to the City Council for a final decision. Definitions - The definitions drafted for this code amendment would define any rental of less than seven days as short term. Notes on Specific Provisions: 1. Required Special Exception Use Permit — The SE Permit (if approved) would be issued in the name of the property owner. So if the property sells and the new owner wants to continue the use, they would need a new SE Permit. 2. Prohibit the use in accessory structures. Use of garages, storage buildings, yurts, small cabins, or other accessory structures as short term rental units would not be permitted. 3. A limit on the number of people or guests. a. The proposed limit for rental of an entire house would be the same as the definition of a family within the zoning code (maximum of 5 unrelated people or any number of people who are related). This would allow a small group of unrelated people to rent out a house and allow a larger family, which could potentially exceed 10 people, to do the same. b. A single room or basement being rented out within a house would be limited to four people. This might be a low number, as someone renting out a basement of a house might have ideas for a larger number of people. But opening up the option for a larger number of people could very easily interfere with the single family nature of the use, result in parking problems, etc. 4. Signage — signage would be limited to the same permitted for a home based business, which is a small one square foot sign that must be attached to the building. This would allow for a very limited representation of the use (to allow the customer to identify that they're in the right spot) without interfering with the character of the neighborhood. 5. Prohibition on events. Weddings, receptions, and similar uses would not be permitted. 6. Parking. The use would need to accommodate the parking needs of both residents and guests. Were on-site parking is provided to serve residents and guests (which would include most single family homes, but not include areas served by off site parking such as downtown) a minimum of two spaces would be required for short term rental of a residence (the same parking requirement for a normal residence) and three spaces would be required for lodging room rental (to allow one space for the guest. 7. Length of Stay. The maximum length of stay would be 7 days. One purpose of the length of stay regulation would be to ensure that the short term rental is not used as a loophole to regular residential occupancy regulations. 8. Residential appearance. A few extra items placed in the specific use standards to reinforce that the residence must maintain a residential appearance and be operated as such. Violations — the offering of a rental (without the required SE Permit) would be considered a violation. There would not need to be evidence that the unit is actually being rented. Licenses and taxes — All applicable licenses and taxes would need to be adhered to. These could include the lodging tax, city business license, sales tax, etc. Inspection requirements. A short term rental would be subject to inspections to ensure the use meets applicable building and fire code regulations. Other considerations (discussion points): Minimum size of structure or property requirements. Proximity to other existing short term rentals. Noise or Nuisance provisions. Turnover or number of guests per month. (no limits could mean a continuous stream of guests) Agreement by neighbors (usually not a good idea to have a neighbor referendum, but possible) Number of rentable units per property or building (entire apartment complex rentable?) Is special exception permit process appropriate for areas zoned commercial? Online article giving a good overview of the Short Term Rental topic. http://www.useful-community-d eve to pment.org/short-term-rental-zoning.html Short Term Rental Zoning May Be Strictly Regulated or Not When it comes to short term rental zoning, communities have to decide on a policy that fits their history and ideals. This issue arises where tourists or a transient population are interested in temporary rentals of single-family residences, without the owner being on the premises. Often the question is handled through the zoning ordinance, but sometimes a stand-alone ordinance may be enacted governing the conditions under which such a land use is permitted. Often the short term rental zoning provisions define short term as less than 30 days. The same concept may be called transient rentals, or short term transient rentals. A few examples of a seasonal zoning regulation have been found as well, in which different regulations apply if the rental is for more than 30 days but less than 180 or so. If the zoning ordinance is where short term rentals are regulated, the ordinance of course will spell out which zoning districts allow such a use. Sometimes ordinances require a special use permit, which usually leads to a level of public hearings and action by the governing body equivalent to the process required for a rezoning. With the advent of the sharing economy, rentals of entire homes, apartments, or just rooms through online services, such as Airbnb, the question has become newly relevant for many towns and cities that have never been seen a demand for short term rentals before now. This applies to areas that are near tourist attractions in large cities, but which have never thought of themselves as tourist destinations until now. What we have to say on this page applies to these sharing services as well. Standards for Short Term Rental Zoning In any event, the zoning ordinance is likely to set forth standards for short term rental zoning. Topics regulated might include: • Posting or availability at the town hall of one or even two local contact persons who will be responsible for handling any problems that arise with the property. We think this is the most important regulation, and one that should be strictly enforced. • Requirements for providing off-street parking. Unless the unit in question is very well served by public transportation, this is a must. Typically the requirement could be met by extra driveway space, but if even homeowners park on the street, be quite careful to include a sufficient regulation. • Noise and nuisance provisions, or reference to other ordinances addressing such situations. • Requirements that garbage collection be maintained, and limiting the hours before and after collection when the garbage receptacles can be in front of the home. • Minimal required spacing between short term rentals. A particular interval of feet may be used to assure that an entire block does not turn into a short term rental district. • Reinforcement of the normal occupancy limits (number of persons who may live in the home) for a particular zoning district as applying also to short term rental tenants. • Proof of code compliance, fire safety measures, adequate water and sewer service, or other utilities or infrastructure that may be of particular concern. • Requirements for notifying neighbors, or even for their agreement. • Limitations on the turnover. Renting to six different tenants within a month probably won't be allowed in many places. There may be a minimum stay, perhaps of a week. • Limitations on particular areas of the town or city where short term rental either is not allowed at all or is not restricted. Such statements within a zoning ordinance would amount to establishing an overlay district pertaining just to the subject of transient rentals. • Imposition of a special use permit or conditional use permit requirement, allowing for scrutiny of the particular facts of a site before allowing such a use. If the rental of homes for a short time is not covered in the zoning ordinance, or the town or city does not have a zoning ordinance, a separate law sometimes is enacted. Probably it would deal with the same types of limitations and requirements described above, as considered appropriate and necessary by the local government. Trends in Brief Rentals In the case of both short term rental zoning and free-standing transient rental regulations, many communities that are aware of the connections between tourism and economic development have a tendency to begin with minimal regulation and to add requirements on the basis of particular problems that arise. If the town becomes divided over the issue, however, of course the regulations are likely to be more strict and more creative. Still other towns choose to ignore the issue that some residents or property owners rent out homes for a very short term, considering this practice to be the prerogative of the property owner. We see the opposite tendency in towns that do not consider themselves to be tourism oriented. Often they are very suspicious of allowing people to rent out rooms in their residence for a few days, thinking that it undermines the sanctity of single-family residential neighborhoods. They have a good point actually. We advise you to think this through before it becomes a big issue though --there may be some zoning districts where any potential disruption would be minimal, but where the economic benefits to property owners could be real. Particularly in an unattractive real estate market, allowing short term rental zoning is probably not a bad idea, as long as the percentage of the housing stock devoted to this use is small. Our advice would be to require a stay of at least three days but preferably five to seven. Otherwise, you have an absentee bed and breakfast situation. While some bed and breakfast apartments run themselves, it's best to require a meaningful stay if there is no on -premise owner or manager. This allows the neighbors to monitor the situation better. If new people can come in every night, neighbors will tend to shrug their shoulders about anything strange they see.