Planning Commission - Regular Meeting

Good evening. This is Chair Dave Hton. I would like to call the regular meeting of the planning commission to order. Please join me now in the pledge of allegiance. I pledge algiance to the flag of the United States of America and to the republic for it stands nation for all. And with Deputy City Clerk, Sarah Armas, please call the role for the meeting. Commissioner Kulie here. Commissioner Flores here. Commissioner Jorgensson here. Commissioner Khan here. Commissioner Munes Morris here. Uh Chair Hton, I'm here.

And Vice Chair Tolley will not be joining us tonight. At this time, we'll hear any public comment for items that are not on tonight's agenda. Items raised are generally referred to staff and if action by the commission is necessary may be scheduled for a future meeting. And deputy clerk, do we have any such public comment cards filled out? No, we do not. Okay. So, next item is the consideration of minutes and the consent agenda. So, before we vote, do any commissioners have any comments on the consent agenda? Seeing none, do we have a motion and a second to approve the consent agenda?

I'll move to approve the consent agenda. We have a motion. Do we have a second? I'll second it. We have a motion and a second. And all in favor say I. I.

I. Any opposed? Hearing none. That passes. Consent agenda is approved. Next, public hearings. Any court challenge to take action taken on public hearing items on this agenda may be limited to considering only those issues raised at the public hearing or in written correspondence delivered to the city of St. Louis Abyspo at or pri prior to the public hearing. If you wish to speak, please give your name and address for the record. Please limit your comments to three minutes. And the public hearing item before us is to review the proposed changes to the city's subdivision, zoning and licenses, permits, and regulations sections of the municipal code. That's titles 16, 17, and five. So would senior planner David Amini please present the staff report for this evening. Good evening, Chair Hton and planning commissioners. I'm David Mey, senior planner with the housing division. Tonight, I'll be presenting amendments to titles 5, 16, and 17 of the city's municipal code for consideration. Tonight's recommendation is for the commission to adopt the draft resolution which recommends that the city council introduce and adopt an ordinance amending title 16 subdivision regulations, title 17 zoning regulations, and title 5 licenses, permits and regulations of the city's municipal code regarding accessory dwelling units, junior accessory dwelling units, urban lot splits, mobile homes, and other clarifications and changes to regulations associated with housing. The proposed a code amendments before you unite would incorporate new legislation regarding urban lot splits as well as address inconsistencies between state law and the city's municipal code identified by staff. Remove barriers to housing development that were identified by the public as well as staff and incorporate miscellaneous changes that address conflicts within the municipal code or general errors. Provide some

clarification for density bonus projects and other minor changes. Jumping right in to our ADU related changes, we have the following. Uh we're clarifying heightened setback limits for ADUs to be in compliance with state law. This would allow side and rear setbacks of 4T for detached ADUs on a property with a multi-story multif family dwelling of up to 18 ft and then 25 foot height for attached ADUs. Uh we're also updating our code to just defer ADU allowable heights to the standards in our underlying zones uh for maximum ADU heights. This could potentially increase ADU development in zones like the R2 through R4 zones. We could have um schemes that um could achieve a maximum height of up to 35 ft um consistent with the underlying zone requirements. Uh we're also removing the code provision in uh the procedural requirement subsection of the ADU code uh regarding a two-step approval process for attached ADUs. Um, in 2024, this was changed to a one-step process, but this still may be inconsistent with the approval requirements of state law. Uh, we haven't seen this code section be utilized, and so it's being removed. Some additional ADU code changes include uh providing clear exceptions to the discretionary review process, specifically under the hillside development standards and additions to non-conforming structures uh portion of the code for ADUs that are compliant uh with the applicable standards. Uh we're expanding the ADU definition to further describe what constitutes an attached verse detached ADU. and attachment would mean um that there's portions of the structure that are structurally abuing each other. Uh we're also updating our language to clearly articulate uh that the first 800 square ft of an ADU are exempt from the lot coverage requirements uh per state law and so anything in excess of that would be included in a property's lot coverage calculation. Moving on to minor urban lot splits. Uh we're just providing clarification that minor urban lot splits are prohibited on

sites that are listed as historic resources by either the state or city and they're also prohibited if demolition or alteration of the listed historic resources required to facilitate uh the subdivision. Uh after some state law changes, we're revising our mobile home rent stabilization ordinance and we're removing the exemption for long-term leases. And that's just in conjunction with the state law change. We're also clarifying our calculation requirements for density bonus. So if a project opts to use fractional density um where you know a for example a studio unit counts as 0.5 density units. The fractional density would need to be consistent um across the board. So for the additional units that are provided for a density bonus um the affordable units that would also be required would be in the um density unit calculation. We also have a few miscellaneous changes regarding homeay permits, accessory structures and driveway visibility. Uh these changes are pretty minor and just clarify certain requirements like for home stays. Um you know the requirements must be complied with on a continuous and annual basis not just upon application for a permit. So failure to provide the documentation that's um required on an annual basis would be grounds um for revocation of the permit. Um for accessory structures, we're just updating some terms that are used to remove um some language that's inconsistent with state law and removing the requirement for a covenant agreement for an accessory structure. That's just to be consistent with state law. And then there's a section in our engineering standards regarding um driveway visibility. So, we're recommending prohibiting structures that are 3 ft or taller uh within a specific um site visibility zone at driveway approaches. That's basically the areas directly surrounding um the driveway apron and approach. Uh we're also providing a cleanup item to our table 2-1 which is the allowed uses. We're correctly identifying that

general retail is an allowed use in the CN zone when the floor area is 2,000 ft or less. Um the table there was a change uh previously um to allow this use um I think a year back um but we forgot to change the table. So this is just correcting that. Um we're also implementing an amendment uh to clarify that decks with a height of 30 in or more are subject to side and rear setback requirements as described in the zoning regulations. So the proposed zoning code amendments before the commission tonight are consistent with a variety of policies in our housing element. This includes policies that encourage housing production, uh, infill development, um, arena targeting, and increased density just across our housing continuum to meet, um, a variety of needs in our community. Again, tonight's staff recommendation is to adopt the draft resolution recommending that the city council introduce and adopt an ordinance amending title 16, 17, and five of our municipal code um, in order to make clarifications and changes to regulations associated with housing. Uh, that concludes my presentation tonight and I'll open up to any questions. Thank you.

Thank you, Mr. Armeni. Do we have questions from the commission for staff? Pretty pretty quiet. No. Okay. I have a couple uh things. The longterm exception on the mobile home, what was that originally intended to address

uh for rent stabilization? So, state law initially had kind of a loophole where um if a city could not implement a rent stabilization ordinance for mobile home properties if the lease was long-term and so most leases and mobile home parks are long-term leases and so park owners would kind of use that to get out of rent stabilization requirements. Um, so state law came in and actually removed that loophole or exemption. And so we're just updating our code to be consistent with that and clearly spell it out.

But do we know why they originally wanted to exempt long-term? And what's the definition of long-term? They're over 30 days or is it longer than 12 months? Over 12 months. Okay. So a 12 month lease is not a long-term lease. Is that right? I am by no means an expert on mobile home um rent stabilization, but so 12 months is still considered a long-term lease, but it is no longer exempted from rent stabilization ordinances under state law. And then our code now is updated to state the same. So they meaning

they are now subject to our ordinance 12 months or longer. Okay. And rent stabilization is also known as rent control in some quarters or are we not supposed to call it that. Okay. Uh so it sounds like it is 12 months not over 12 months. Yeah. Okay. Um but now uh and what nature of rent stabilization do we have for mobile home parks here? Do we have that? Um it's basically so the space rent or law rent amount. Um, so that would start to apply to a lot of the long-term leases in our mobile home parks and um, it it has been an issue that's brought up.

So, we do um, set or cap rents for mobile homes right now. I'll chime in. Um, yes, I'll note that there is an attorney in our office who is super wellversed in this. So, if there's more detailed questions that we could answer, I'm happy to follow up with you. But my understanding is that yes, there is basically capsu and like a methodology set forth in our municipal code that allows um kind of automatic rent increases and it's you know there's just a a calculation that's imposed and then there is an opportunity to request um a higher or a yeah a higher increase um but you have to provide your reasoning and there's a whole process

but we do have such stabilization efforts. Yes. right now. Okay. Okay. Thank you for that. I don't have any problem with it or real question, just an opportunity to understand a little bit more about that issue. Um and then homeay, can you remind us what a homeay is? Remind me anyway.

Sure. So, a homeay and our homeay regulations are um intended to facilitate um short-term rentals of 30 days or less um of of properties. You know, owners have to live on the property um or be close by. And so it's basically to facilitate um limited um short-term rentals within the city. And so the updates are just to clarify that all the requirements there's several annual reporting and tax requirements associated that um you know failure to provide that will mean

so if somebody wants to do VBO or Airbnb kind of things but uh then it would be a a homeay if they're renting or renting part of their home but they're staying there while it happens. Is that right? Yes. Okay. And is that separate from somebody airbing being or vbboing their place if they're not there? That that's a a separate permit.

Yeah. So, I'll just jump in. Um, under our homeay regulations to obtain the permit, um, it has to be an owner occupied property. That's your primary residence. When you have guests, you don't need to be on the property, but I think it says you need to be within 15 minutes at all times. So to get the permit you need to and that's actually one of the annual requirements, right? Is showing that it's you're you live there, right? And that on an ongoing basis so that 15 minutes, huh? Do you have to wear like a ankle bracelet or something? And maybe it's some it's you or a representative. So if you have some sort of property management and so we do not allow um short-term rentals uh through those programs at all.

Um not for homes in which the owner does not live. Yeah. Okay. Thanks. And just to distinguish that, in my day job, I'm involved in that for the county. Okay. And the county does allow what we call vacation rentals as opposed to home stays or bed and breakfasts.

Okay, good. Yeah, I'd wonder about that. And there's a couple on my street, but they're places or ADUs basically where people do where they do live. So, um, and then, oh, I just wanted to appreciate the driveway visibility thing. as a cyclist, uh, that often is an issue, especially at corners where there's obstructions. And so, thanks for that. I don't have any other questions. Um, any other comments from the commission? Yeah, I have one question. If you had a house and you just wanted to rent it out for 6 months to somebody, are you allowed to do that?

Yes. I mean, anything longer than 30 days is considered a long-term rental and not subject to requiring a home stay. Thank you. Great. Thanks for that question. Anything else? Okay. Um, Deputy Clerk, are there any public comments on this matter? There are not.

Okay. Thanks. So, we're ready for a motion. I'd move to uh adopt staff's recommendation. And what is our actual terminology here? Are we recommending that the city council adopt the resolution? Is that what we're doing tonight? That's correct. Okay. So, yes. My motion is to adopt staff's recommendation and move to recommend that the city council approve the attached or ordinance and the changes. Very good. We have a motion. Is there any discussion? We need a second. Do we need a second? I will second the motion.

Okay, Commissioner Flores, thank you for that. And now, do we have any discussion? I don't think so, but let's just check. And we're ready for a roll call vote. Commissioner Kulie, yes. Commissioner Flores, yes. Commissioner Jorgensson, yes. Commissioner Khan, yes. Commissioner Munos Morris, yes. Chair Hub, yes. Motion passes.

Okay, great. Well done. Thank you. And so now, uh, would Deputy Community Development Director Tyler Corey please give us an update on what's to come. All right. Thank you, Chair Hton. Uh, commissioners, the next regularly scheduled meeting, April 22nd. Currently, I don't have any items, so that will likely be cancelled. Um, that takes us into May. And for May, next uh meeting in May would be May 13th. Right now, we do have one item. It is a conditional use permit um for 1020 Southwood, which is the YMCA. They want to do a 24-hour fitness um operations there. And currently, they you need a a CUP to be able to extend operations to 24 hours there. So, that it's coming in for um it's really like a new cup, but also a modification to their current operations.

Okay. Thanks for that. That's the place that's kind of over by Cinch Shammer. Correct. Yeah. Okay. Uh so it looks like April 22nd is going to be unlikely unless something pops up and the next one will be the first meeting in May. So um I have one comment. I will not be at the May 13th meeting.

Okay. So um let's just continue inform the city clerk when we have absences coming up. All right. And the next regular meeting of the planning commission is now scheduled for April 22nd two 2026 at 6 o'clock p.m. in the city council chambers at city hall 990 Palm Street St. Louis Abyispo although that is likely to be cancelled but that is the next scheduled meeting. So with that we are adjourned.