Planning Commission - Regular Meeting

[clears throat] Welcome planning commission. members, staff, and guest. Multiple staff members are here today to ensure that the meeting runs smoothly and all applicants and members of the of the public are able to participate in the meeting at the appropriate times. If you're here today to speak about a case, please provide your name clearly into the microphone and please be sure to sign in either at the back of the room or at the podium for documentation purposes. If you're here today to speak about a case, you must speak up when the chairperson calls for public comment. [snorts] I'll go ahead and call the role. Mr. Brabbom here, Mr. Cosy here, Mr. Cook here, Mr. Foster

here, Mr. Hulcom here, and Mr. Osorio here. We have quorum.

We'll start off with a brief review of the meeting format. Uh applicants with requests before the planning commission are allotted a presentation time of 10 minutes. This time should include but is not limited to an overview of the project, case history, and any per pertinent meetings held regarding the the request. This time also includes all persons presenting information on behalf of the applicant such as attorneys, engineers, and architects. [snorts]

This time limit does not include any questions asked by the planning commission or staff regarding requests. During the public comment period, members of the general public are given the opportunity to address their concerns in intervals of 2 minutes. After the public comment period, applicants have 5 minutes to respond. Once it's fine, the administrator has a timer and will make pres presenters aware of when their time has expired. The planning commission reserves the right to amend these procedures on a case-byase basis. Are there any changes to the agenda?

We did have one change since publication. Uh case number six under preliminary plat review which is SPLAT-2025-000080 has been deferred. Other than that, the agenda stands. [clears throat]

The planning commission uses the consent agenda to approve non-controversial or routine matters by a single motion and vote. Examples of such items include approval of site plans, annexations, and street names. If a member of the planning commission or the general public wants to discuss an item on the consent agenda, you must speak up after the consent agenda is read. Then that item is removed from the consent agenda and considered during the meeting. The planning commission then approves the remaining consent agenda items. Will staff please read the consent agenda?

Certainly. Thanks. The first item on the consent agenda is to approve the December 11th, 2025 minutes. The second item is under future land use amendment and zoning amendment for a pending annexation annex-2025-000024 700 Jacobs Mill Pond Road requests recommendation on the assignment of the land use classification of urban edge mixed residential UEMr and the assignment of zoning of planned development for a pending annexation. The property is currently classified as neighborhood medium density and zoned planned development by Richland County. The third item on the consent agenda is annex- 2022-0025 rear 142 150 156 next to 156 160 and the north side of Jacob's Mill Pond Road. requests recommendation on the assignment of the land use classification of urban edge residential small lot UE1 and the assignment of zoning of plan development for a pending annexation. The property is currently classified as neighborhood medium density and zoned residential transition by Richland County. And the fourth item on consent is under plan development site plan review SP plan-20225-000021 225 and 227 Harbison Boulevard. Request major site plan approval to construct a restaurant the Panda Express. The property is zoned PD plan development Harbison. And that concludes the consent agenda.

[snorts]

Is [snorts] there anyone from the planning commission or the public that would like any item removed from the consent agenda? Do I have a motion and second to accept the consent agenda subject to all [clears throat] conditions contained in the case summaries as well as the December 11, 2025 minutes? Mr. Chair, I'd like to make a motion to approve December 11th, 2025 minutes along with the consent agenda subject to all conditions contained in the case summaries. Motion has been made. Do I hear a second?

Second. [clears throat] All in favor say I. I. I.

All oppose. Approved. The planning commission will now move forward with those items on the regular agenda. We will use the following outline for regular agenda items. The administrator will introduce the case. The applicant will have 10 minutes to make a presentation. Planning commission may ask questions. The public comment period will be open to those present. The [clears throat] public comment period will be closed. The applicant will have 5 minutes to respond to the public comments. Planning commission may ask additional questions of the applicant. deliberation and action by planning commission.

Good good afternoon. Um so the first item on the regular agenda is a text amendment and [clears throat] this is a text amendment to the um unified [clears throat] development ordinance uh regarding owner occupied short-term rentals and and uh you you all may uh you all may recall that in November there was an item regarding short-term rentals before this before this body. Uh since that time, council did pass that amendment uh and it took effect on on January 6th. And uh however, on review of that amendment uh which is ordinance 2025-107, uh council expressed their desire to exempt owner occupied short-term rentals from the standards that would otherwise require a short-term rental in a residential district to be on a a street containing four lanes. and um being classified as a arterial or or collector street. And so the purpose of this amendment that's before you today is is exactly that. It is it is to provide an exemption within residential districts to short-term rentals that are owner occupied dwelling units. And um and so if this is passed, an owner occupied dwelling, it may be located located in a residential district may be used as a short-term rental. Um and the the standard to determine whether or not it is owner occupied, is the same standard that is already in chapter 5 of city code, which is the uh determination of it being owner occupied by the county assessor and qualifying for that 4% special assessment assessment ratio. And uh so again, I'll I'll note that the item before um council today is is

exactly that. It's it's the amendments that establish that exemption for owner occupied dwelling units uh to be short-term rentals and also the definition of owner occupied. And um and then just as a reminder that you know the performance standards um for short-term rentals do remain in chapter 5 and they are enforced by code enforcement. Um the unified development ordinance regulates the location of the short short-term rentals but but that's the extent of of the zoning involvement. Um otherwise the short-term rental licensing program um remains intact. I have a question.

Yes. So I think is it to get that special assessment ratio, does that count for duplexes and quads? So if you lived in a quadruplex, you could rent the other three out as Airbnb or short terminals. So my understanding is for example a duplex if if if an owner occupies one half of the duplex they qualify for that um exemption for one half of that duplex. They do not qualify for it for the entirety. So how that is a separate dwelling unit.

So this would only cover if somebody was renting out a room in their house or maybe an ADU. Correct. or for example, let's say they're on vacation um and they wish to rent it out. I believe state law allows you to rent out your home for up to 72 days a year and and maintain that exemption. They also um they very explicitly state that you can rent out rooms in your home and still maintain that exemption. But if if you rent it for more than 72 days a year, then then you lose that 4% exemption.

So the way this is written, it would not apply to duplexes, for example, since you can't get the special assessment on the nonoccupied unit. That would be correct. So although it would apply to the portion you live in and and and nothing does stop someone from renting out the unit, you know, long term for for periods of more than 30 days, but not for the short term. But for short term, it it Right. Thank you. Yeah,

I guess just as clarification on that example, they'd be able to rent out the duplex, the part that they're occupying, but sorry, rent out a short-term rental, but they wouldn't be able to short-term rental the other part that they're not occupying. Right? Is that how I understand it? Right. Now, now that said, if you know, state law and the and the assessor calls the whole thing owner occupied, then then so be it. But but that is my understanding of of how that 4% is applied. Go.

Do you know how they determine if something's like say an ADU or a duplex? Like where is the line drawn where it's no longer accessory? Right. Sure. In our UDO um an ADU is um it has to meet certain criteria and one of the things is that it it not exceed 50% of the square footage of of the main dwelling unit. um has to share the same address, have the same power, um [clears throat] etc. There there's a significant um difference. Yeah, thanks. I was just wondering if it would get murky in the interpretation, but

Mr. Chair, do you want to see if there's anybody in the audience that wants to Thank you. Uh, do we have any questions from the audience here today? Do any of my fellow commissioners have any other additional questions? So, not seeing any of the short-term rental folks here that were here, I guess, a month or two ago. Was this done to satisfy some of their concerns? Is And does it

uh Yeah, at at public hearing, this was one of the items. It it certainly wasn't the only item, but it was one of the items that was brought up by the short-term rental community and and council did discuss this and and so staff was directed to um introduce an amendment for this purpose. I see. Okay. Thank you. Got an additional question. This only applies to homes located in residential districts, right? There's exception,

right? Because otherwise, if a short-term rental is in a mixeduse district or commercial district or our EC district, it it would be permitted whether it was a dwelling unit or or Yeah. etc. Makes sense. Andrew, did I see in the graphic that came up that short-term rentals still have to be located on these larger highways? Is that correct? Is that what I'm reading for

top left? So, so, so basically the the red text is is where it says an owner occupied short-term rental is exempt from the standards that are um otherwise in that paragraph. So, any other short-term rental, so one that is not owner occupied would need to would still be subject to those standards. Yeah. Okay. Do we have any other questions or comments? All right. If no other um comments, I think we can go ahead and uh uh entertain a motion on this item. I'll make a motion that we approve the zoning text amendment amendment TA-20225-000016 as it meets the decision standards outlined in the unified development ordinance.

Motion has been properly made. Do we have a second? Second. All in favor say I. I. I

all against item has passed. So we just have a couple of items in other business. We have officer elections. So I know Maline has been corresponding with you guys about um nominations u for chair and vice chair. So, I guess first we'll just um do a we have um Mr. Conn and Mr. Osorio have been nominated for chair. So, I don't Let's see. Do we have something to or do you want me to just give them paper? Mhm.

Oh, y'all already Okay. I like the time. Oh, sure. Perfect. Perfect. Okay.

So, chair one day. I guess they did both of them. All right, folks. No big upsets today. Mr. Con is going to remain chair. Mr. Asorio is going to remain vice chair. Um, so thank you very much for um for being here. Um, also I just want to introduce he's not here. or he couldn't join us today, but we do have a new director for our department. Justin Simon has joined us. He wasn't able to make planning commission today, but he will be here next month. So, you all get to meet him, too. So, we're real happy to have him um on board. And that's it. Unless Do you have anything else? Anybody? All right.

As there is no other business, do I have a motion to adjurnn? [clears throat] Mr. Chair, I motion to adjourn the meeting. Second. Second. Motion has amended properly. Second. All in favor? I against [snorts] eyes have it. Meeting a journ.