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HomeMy Public PortalAbout20101118minutesMINUTES JEFFERSON CITY PLANNING AND ZONING COMMISSION November 18, 2010 5:15 p.m. COMMISSION_ MEMBERS PRESENT ATTENDANCE RECORD Ralph Robinett, Chairman 4 of 4 Jack Deeken 4 of 4 Dean Dutoi 3 of 4 Bob George 2 of 4 Chris Jordan, Vice Chairman 3 of 4 J. Rick Mihalevich 4 of 4 Chris Yarnell 3 of 4 Michael Lester, Alternate 4 of 4 Bunnie Trickey Cotten, Alternate 3 of 3 Dale Vaughan, Alternate 3 of 3 COMMISSION_ MEMBERS ABSENT David Nunn 2 of 4 Scott Stacey 2 of 4 EX -OFFICIO MEMBERS ABSENT Eric Struemph, City Council Liaison STAFF PRESENT Janice McMillan, Deputy Director of Planning & Transportation Services Eric Barron, Senior Planner David Bange, Engineering Division Director Shane Wade, Civil Engineer II Drew Hilpert, Associate City Counselor Anne Stratman, Administrative Assistant 1. Call to Order and Introduction of Members, Ex -officio Members and Staff The Chairman, six regular members and three alternates were present. A quorum was present. 2. Procedural Matters and Procedures Explained Mr. Barron explained 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 Community Development: The City Code of the City of Jefferson, as amended Comprehensive Pian 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 Designation of Voting Alternates The Chairman announced that all regular members and alternates Ms. Cotten and Mr. Lester were designated to vote. Review Requests for Continuances Case No. P10022 — 1600 Block of Hayselton Drive; Rezoning, Preliminary PUD Plan, and Preliminary Plat. Applications filed by Dick Otke, authorized representative for River Bluff Condominiums LLC, property owner, and Rayma Chinn, property owner, for the following: 1. A Rezoning of 4.36 acres from RS -3 Single Family Residential to PUD Planned Unit Development. Minutes/Jefferson city Planning & Zoning Commission November 18, 2010 Page 2 2. A Preliminary PUD Plan for a 15 -lot single family residential development. 3. A Preliminary Plat for a 15 -lot single family residential subdivision consisting of 10.86 acres. The property is accessed from Hayselton Drive approximately 200 feet east of Beverly Street. The property is described as part of the southwest part of the northeast quarter, the northwest part of the southeast quarter, the east half, and the northwest quarter of section one, township 44 North, range 12 West, Jefferson City, Cole County, Missouri. (Central Missouri Professional Services, Consultant) A written request, received on November 18, 2010 from Central Missouri Professional Services on behalf of the Otke/Chinn Development Group requested a continuance to December 9, 2010. In explaining the reason for requesting the continuance, Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, said that significant feedback was received from the neighborhood. He stated that the owners/developers of the proposed subdivision wanted to plan a neighborhood meeting to discuss the details of the proposal and address the neighbors' concerns. Chairman Robinett informed those attending that Case No. P10022 was continued to the December 9, 2010 Planning and Zoning Commission meeting. Mr. Barron announced that the subject property will be reposted, the adjoining property owners within 185 feet will be re -notified, and the case will be re -advertised. Correspondence received from the following individuals was distributed to Commission members: Jessica DeLine, 1912 Hayselton Drive Emily Reinhard, 152 Boonville Road Roger Dorson, 140 Riverwood Drive Vicki Hale, 1619 Hayselton Drive Dana Opie, 1706 Hayselton Drive Mark Pauley, 1608 Hayselton Drive Dennis Bening, 1708 Hayselton Drive Linda Woodland, 1613 Beverly Street Jo Alice Rosenow, 1611 Beverly Street Adoption of Agenda Chairman Robinett called for approval of the agenda with Case No. P10022 removed. Mr. Yarnell moved and Mr. Jordan seconded to adopt the agenda as amended. The motion passed 8-0 with the following votes: Aye: Cotten, Deeken, Dutoi, George, Jordan, Lester, Mihalevich, Yarnell 4. Approval of Minutes from the Regular Meeting of October 14, 2010 Mr. George moved and Mr. Dutoi seconded to approve the minutes of the Regular Meeting of October 14, 2010 as written. The motion passed 8-0 with the following votes: Aye: Cotten, Deeken, Dutoi, George, Jordan. Lester, Mihalevich, Yarnell Communications Received Correspondence was received for Case No. P10022 New Business — Public Hearings Case No. P10021 — 3520 West Edgewood Drive; Preliminary PUD Plan. Application filed by Women's Clinic Land Company LLC, property owner, Dr. Brian Stephens and Dr. Lorraine Dodson, authorized representatives, for a Preliminary PUD Plan to construct an 8,281 square foot medical office building. The property is located on the northwest corner of the intersection of West Edgewood Drive and Harpers Ferry. The property is described as part of Lot 3 of CC West Subdivision Section 2, Jefferson City, Cole County, Missouri. (Gavin Bargate, Consultant) Mr. Barron explained that the underlying zoning district is C-1 Neighborhood Commercial for the purpose of identifying permitted uses, with the exception that the following uses be excluded from the list of allowed uses: outdoor cooking, trash incineration, motor fuel sales, convenience stores, and bars and taverns. Mr. Barron explained that a bufferyard along the northern property line was installed by the Jefferson City Chamber of Commerce as a previous commitment for the Minutes/Jefferson city Planning & Zoning Commission November 18, 2010 Page 3 development of the area. He described the elements of the PUD Plan, including the inclusion of cedar and pine trees for the "required" parking lot landscaping, which should be modified to reflect the use of deciduous trees, as listed in Appendix A of the Zoning Code. Mr. Barron described the signage proposed, which included a monument sign consisting of a maximum of 90 square feet of signage area and a maximum height of 12'6". He stated that a sidewalk, five feet in width, is proposed along West Edgewood Drive and along most of the frontage of Harpers Ferry. Mr. Gavin Bargate, 704 Primrose Court, Consultant for the proposed development, explained that the plan proposes the construction of a single story, 8,281 square foot Women's Clinic. He stated that the PUD Plan identifies a future "Phase 2" consisting of an additional 3,000 square feet. Mr. Bargate stated that the proposed development should be completed by the end of 2011. Mr. Lyle Rossburg, Chief Financial Officer of Jefferson City Medical Group, 1241 W. Stadium Boulevard, explained that the Women's Clinic is a division of the Jefferson City Medical Group (JCMG). He stated that the proposed development is situated very well for that area because it will not have a lot of after hour activities. Mr. Roger Weis, 930 Manassas Place, Vice President of the Westpoint Homeowners Association, stated the neighborhood is pleased to see this type of development instead of more intensive commercial development. He explained that the neighborhood would like to see the following concerns addressed: (1) stormwater management; (2) keep lighting from encroaching into the residential neighborhood; (3) keep traffic flow onto Harpers Ferry away from the residential neighborhoods; and (4) replace dead trees in the existing buffer area. No one spoke in opposition to this request and no correspondence was received. Mr. Barron gave the Planning Division staff report and outlined staff recommendations and conditions. He clarified that the property owner is responsible for maintenance to the buffer zone. Mr. Wade gave the Engineering Division staff report. He stated that storm water detention is not a specific requirement in this development, so long as downstream system capacities along West Edgewood Drive are not exceeded. Mr. Wade explained that the proposed development is served by existing sanitary sewer mains along W. Edgewood Drive and Harpers Ferry. He stated that some fire hydrants, street lights and utilities exist to serve this development, but facilities that do not yet exist will need to be installed in accordance with City standards. Mr. Bargate stated that he concurs with staff comments and recommendations. Mr. Jordan moved and Mr. Lester seconded to recommend approval of the Preliminary PUD Plan to the City Council subject to the following conditions: 1. Permitted signage shall consist of the following: (a) A monument sign with maximum height of 12'6" and maximum signage area of 90 square feet. The sign may be internally illuminated; (b) Building mounted signage consisting of a maximum of 100 square feet. The building mounted signage may be internally illuminated. 2. Parking Lot Landscaping: Revise the parking lot landscaping plan in order to show deciduous trees (rather than evergreen/cedar trees). Specific tree varieties shall be approved by planning division staff prior to installation. 3. Compliance with the recommendations and technical corrections of the Planning and Engineering Divisions. The motion passed 8-0 with the following votes: Aye: Cotten, Deeken, Dutoi, George, Jordan, Lester, Mihalevich, Yarnell Case No. P10023 — Zoning Text Amendment. Amendment to the text of Chapter 35, Zoning, including Section 35-92 Definitions and Exhibit 35-28 Land Uses Authorized in Zoning Districts. The proposed amendment defines tattoo and body piercing studios, differentiates tattoo and body piercing studios from other personal services, and lists tattoo and body piercing studios as a Minutes/Jefferson city Planning & Zoning Commission November 18, 2010 Page 4 permitted use in the C-2, M-1, and M-2 zoning districts. The complete text of the amendment is available for review at the Department of Community Development, 320 E. McCarty Street, or may be viewed at the Community Development / Planning Division webpage at www.jeffcitymo.org. Ms. McMillan explained that the proposed amendment would modify Chapter 35 Zoning by adding a definition to Article IX, Section 35-92 Definitions, and adding a category to Article II, Section 35-28 Land Use Matrix. She stated a definition would be added for tattoo parlors and body piercing studios and that this use would be specifically excluded from personal services. Ms. McMillan explained that the proposed amendment would also add tattoo parlors and body piercing studios as a permitted uses in the C-2, M-1 and M-2 zoning districts. Mr. Deeken inquired of why tattoo parlors and body piercing studios are proposed as being prohibited in the C-3 zoning district. In response, Ms. McMillan explained that concerns have been expressed about protecting the C-3 Central Commercial district. She stated that concerns about concentration of these uses in districts such as the C-3 Central Commercial district. Ms. McMillan clarified that the downtown/central business district is the only area zoned C-3. Mr. Deeken inquired whether existing tattoo parlors in the downtown area would be grandfathered in. In response, Ms. McMillan explained that there are two tattoo parlors in the downtown central business district and they would be grandfathered. Mr. Jordan inquired whether there was discussion about allowing these types of establishments in the C-3 zoning district but within a certain distance of each other. Mr. Hilpert responded that there was some discussion about such limitations, but added that this type of business does have some constitutional protection. Mr. Hilpert explained that restrictions have to have a rational basis behind it. He stated that zoning has a rational basis because a city can allow certain uses in certain areas and those uses affect others within that area. Mr. George inquired of how tattoo parlors compare with other personal services such as beauty shops, barber shops and spas. Ms. McMillan explained that tattoo parlors are currently interpreted as falling within the definition of personal services, but that that the proposed amendment would remove tattoo parlors and body piercing studios from the personal services definition, give this use their own definition and assign the zoning district in which they may be located. She stated that prior to January 19, 2010 tattoo parlors were prohibited in Jefferson City, but that subsequent ordinances established stringent health, sanitation and licensing requirements Mr. Dutoi inquired of the negative impact that would be perceived from having tattoo parlors in the downtown area. Ms. McMillan responded that there were concerns about an over -concentration of those types of uses in the downtown area. Mr. Deeken inquired of the reasoning for not allowing this type of use in the C-1 zoning district. Ms. McMillan explained that C-1 was excluded because of the proximity to residential neighborhoods, and that staff is contemplating modifications to the C-1 zoning district to eliminate some commercial uses, and make the C-1 district less intensive. Mr. Lester inquired what would happen if one of the tattoo parlors in the downtown area were to go out of business. Ms. McMillan responded that the zoning code, in the nonconforming use section, stipulates that if a similar business establishes at the location within nine months then it may continue to operate at that location. Ms. Carrie Carroll, Fourth Ward Councilwomen, 916 Topaz Court, spoke in opposition to the proposed text amendment. Ms. Carroll urged the Commission to vote no on the proposed text amendment. She explained that she sponsored the initial tattoo ordinance that was adopted in January 2010. Ms. Carroll stated that the City placed some good solid regulations where they need to be. She explained that the zoning option was explored when the initial ordinance was passed. Ms. Carroll stated that the Administration Committee decided not to include the zoning restrictions Minutes/Jefferson city Planning & Zoning Commission November 18, 2010 Page 5 because City regulations should be strict enough that we would be satisfied no matter where tattoo parlors ended up. She explained that when this recently came forward, she asked staff if there were any phone calls or issues surrounding the existing tattoo parlors and she received a response that there were no calls that staff was aware of. Ms. Carroll stated that she is a downtown business owner and has a bar next door to her business. She stated for the record she sees nothing wrong with having a tattoo parlor as a neighbor because the City has stringent regulations in place. Ms. Carroll explained that this is going to be a case of supply and demand whether or not tattoo parlors are going to make it. She stated that there is not enough demand in our city for tattoo parlors to overtake the downtown area. Ms. Carroll explained that she noticed that staff recommends approval of the proposed text amendment and she usually goes along with staff's recommendation, however, in this case as Mr. Hilpert mentioned there has to be a rational basis behind it. She stated that if we want to prohibit tattoo parlors in downtown there has to be a rational basis to do so because legally we have to back this up we can not just arbitrarily do it. Ms. Carroll explained that she cannot see what that rational basis is other than we are concerned with the type of people hanging out, which can be the case for any business. She stated that the only other possible rational basis could be that we do not want someone to go to a bar downtown and then go to a tattoo parlor. Ms. Carroll clarified that state law prohibits them from tattooing an intoxicated person. Mr. Dutoi inquired of Ms. Carroll whether she would support the proposed text amendment if tattoo parlors are permitted in the C-3 zoning district. In response, Ms. Carroll explained that currently tattoo parlors are permitted in the C-1 and C-3 zoning district. She stated that she disagrees with excluding tattoo parlors from the C-1 and C-3 zoning districts. Ms. Carroll explained that a lot of the City's regulations mimic state laws and regulations. Mr. Hilpert explained that if the Commission wanted to allow tattoo parlors where they are currently allowed, you would list them in the C-1, C-2, C-3, M-1 and M-2 zoning districts. He stated that if in your discussion you decide to leave it the way it is currently in order to make the code clearer you would amend the proposed text amendment to include them in C-1 and C-3. Mr. Hilpert explained that this would accomplish Ms. Carroll's suggestion. Mr. Mark Pulliam, 3915 Carmel Drive, spoke in opposition to the proposed text amendment. He explained that he owns Cadillac Ink located at 301 Ash Street. Mr. Pulliam stated that his business is located in the C-2 zoning district. He explained that he worked with Councilwoman Carroll to write an ordinance that we feel is very good for Jefferson City. Mr. Pulliam clarified that the age limit is 18 in Jefferson City with no parental consent allowed. He explained that Jefferson City has adopted some very strict regulations. Mr. Pulliam stated that he is possibly more regulated than any business in Jefferson City especially with having to close at 8:00 p.m. Monday through Thursday and at 10:00 p.m. on Friday and Saturday. He commented that the downtown area is worth preserving. Mr. Pulliam explained that he told the Administration Committee that Jefferson City would not see more than four tattoo shops because we do not have the number of people in this community to support it. He stated that currently there are three licensed tattoo parlors in Jefferson City. Mr. Pulliam commented that there may be a possible issue with there being a tattoo parlor downtown because it is not so much a tattoo parlor as it is the perception of the patrons. Ms. McMillan recommended the Commission adopt the definition changes and decide in which zoning district these uses should be allowed. She stated that the amendment would clear up, for the future, the question of where these uses may be located, regardless of opinion on the matter. Mr. Dutoi moved and Mr. Lester seconded to amend the proposal in order to add tattoo parlors/body piercing studios as a permitted use in the C-3 Central Commercial zoning district. The motion passed 8-0 with the following votes: Aye: Cotten, Deeken, Dutoi, George, Jordan, Lester, Mihalevich, Yarnell Mr. Yarnell moved and Mr. Dutoi seconded to recommend the adoption of the proposed text amendments, as amended, to Article II, Section 35-28 Land Use Matrix and Article IV, Section 35- 92 Definitions, to the City Council. Minutes/Jefferson city Planning & Zoning Commission November 18, 2010 Page 6 Following discussion, Mr. Deeken moved and Ms. Cotten seconded to amend the proposal to add tattoo parlors/body piercing studios as a permitted use in the C-1 Neighborhood Commercial zoning district. Discussion: Mr. Jordan stated that the Commission heard testimony tonight from professionals in the field, as well as business owners where tattoo parlors are trying to be established. He stated that City staff would like to make the C-1 Neighborhood Commercial zoning district more restrictive, and thought that it was a good compromise to allow these uses in the C-3 zoning district. He stated that we are going too far permitting them in the C-1 zoning district. Mr. Deeken commented that if we are truly trying to pull back C-1 to a true neighborhood commercial district he would agree with that, however, he did not agree with putting these uses under more restrictions than others. He inquired whether bars/taverns are allowed in the C-1 zoning district. Mr. Barron explained that bars/taverns are allowed in C-1 with a conditional use permit. Mr. Vaughan inquired if tattoo parlors were allowed in the C-1 zoning district like bars/taverns would they also need a conditional use permit. Ms. McMillan responded that it depends on what the Commission recommends. She stated that the proposed text amendment only shows where these uses are permitted and not to require a conditional use permit. Ms. McMillan explained that if you require a conditional use permit you must also develop conditions and standards. Mr. Jordan inquired whether staff could tell Commission members, as a point of reference, where some of the C-1 uses are located. Mr. Barron explained that Southern Comfort, a bar/tavern is located in the shopping center on Ellis Boulevard; another example is at the intersection of Dix Road and Main Street. He stated that the zoning ordinance contains references to where the C-1 zoning district is supposed to be located, and that Jefferson City frequently uses the C-1 zoning district as a light commercial zoning district. He stated that the C-2 zoning district allows just about any type of commercial use one can imagine whereas the C-1 zoning district does not allow some of the more intensive type of commercial uses. He stated that bars/taverns are a conditional use in the C-3 district, as well as, in the C-1 district, adding the Capital Mall is zoned C-1. Mr. Mihalevich stated that he felt comfortable with allowing tattoo parlors/body piercing studios in the C-3 zoning district, however, he is opposed to allowing these types of uses in the C-1 zoning district. Chairman Robinett explained that the motion on the table is to amend the proposal in order to permit tattoo parlors/body piercing studios in the C-1 Neighborhood Commercial zoning district. Vote: The motion failed 3-5 with the following votes: Aye: Cotten, Deeken, George Nay: Dutoi, Jordan, Lester, Mihalevich, Yarnell Chairman Robinett explained that the next motion on the table is to recommend adoption of the proposed text amendments, as amended, to Article II, Section 35-28 Land Use Matrix and Article IV, Section 35-92 Definitions, to the City Council. Vote: The motion passed 8-0 with the following votes: Aye: Cotten, Deeken, Dutoi, George, Jordan, Lester, Mihalevich, Yarnell Other New Business None. Miscellaneous Reports None. Minutes/Jefferson city Planning & Zoning Commission November 18, 2010 Page 7 . Other Business A. Adopt 2011 Meeting Schedule Mr. Jordan moved and Mr. Mihalevich seconded to adopt the 2011 meeting schedule as printed. The motion passed 8-0 with the following votes: Aye: Cotten, Deeken, Dutoi, George, Jordan, Lester, Mihalevich, Yarnell 10. Adjourn. There being no further business, the meeting adjourned at 655 p.m. Respectfully Submitted, &7 Eric Barron, Assistant Secretary