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HomeMy Public PortalAbout20120209minutesMINUTES JEFFERSON CITY PLANNING AND ZONING COMMISSION February 9, 2012 5:15 p.m. COMMISSION MEMBERS PRESENT ATTENDANCE RECORD Jack Deeken 8 of 8 Dean Dutoi 7 of 8 Bob George 5 of 8 Chris Jordan, Vice Chairman 7 of 8 Michael Lester 8 of 8 Ralph Robinett, Chairman 7 of 8 Scott Stacey 8 of 8 Chris Yarnell 7 of 8 Bunnie Trickey Cotten, Alternate 7 of 8 Dale Vaughan, Alternate 8 of 8 COMMISSION MEMBERS ABSENT ATTENDANCE RECORD David Nunn 6 of 8 EX -OFFICIO MEMBERS PRESENT Shawn Schulte, City Council Liaison Bill Luebbert, Fourth Ward Councilman STAFF PRESENT Janice McMillan, Director of Planning & Protective Services Eric Barron, Senior Planner Drew Hilpert, Associate City Counselor Anne Stratman, Administrative Assistant 1. Call to Order and Introduction of Members, Ex -officio Members and Staff The Chairman, eight regular members and two 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 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 Designation of Voting Alternates The Chairman announced that all regular members and Alternate Ms. Cotten were eligible to vote. He explained that Mr. Mihalevich has resigned from the Planning and Zoning Commission and Mr. Lester has been appointed as a regular member. 3. Adoption of Agenda Mr. Yarnell moved and Mr. Jordan seconded to adopt the agenda as printed. The motion passed 8-0 with the following votes: Aye: Deeken, Dutoi, George, Jordan, Lester, Stacey, Yarnell, Cotten. Minutes/Jefferson City Planning & Zoning Commission February 9, 2012 Page 2 4. Approval of Minutes from the Regular Meeting of January 12, 2012 Mr. Yarnell moved and Mr. Dutoi seconded to approve the minutes of the Regular Meeting of January 12, 2012 as written. The motion passed 8-0 with the following votes: Aye: Deeken, Dutoi, George, Jordan, Lester, Stacey, Yarnell, Cotten. S. Communications Received Correspondence was received for Case No. P12002. S. Public Hearings Case No. P12002 — 999 Diamond Ridge; Rezoning from C -O to C-1. Application filed by Max and Ann Fisher, property owners, to rezone 0.93 acres from C -O Office Commercial to C-1 Neighborhood Commercial. The property is located on the northeast comer of the intersection of Emerald Lane and Diamond Ridge and is described as Lot 86 of Diamonds Subdivision Section 4, Jefferson City, Missouri. (Gavin Bargate, Consultant) Mr. Barron described the proposal and explained that this request is for an existing two story office building. He stated that a portion of the lower level is vacant and the property owner wishes to lease the lower level to a Salon/Day Spa tenant. Mr. Barron explained that Salon/Day Spas are defined by the Zoning Code as a "personal services" use and are not permitted in the C -O zoning district. He stated that the property owner is proposing a rezoning of the property to C-1 in order to permit the proposed use. Mr. Barron explained that the property owner spoke to affected neighbors and received letters of support from the majority of them. He stated that the rezoning will not affect the office use as office uses are permitted in the C-1 zoning district. Mr. Barron explained that the Comprehensive Plan Development Plan map currently identifies this property as being intended for commercial use and the proposed rezoning would be a continuation of the C-1 zoning pattern on the north side of Emerald Lane. Mr. Max Fisher, 999 Diamond Ridge, spoke regarding this request and explained that a portion of the lower level is currently occupied by a law firm and the remaining space will be occupied by a salon/day spa. Mr. Fisher explained that he contacted both residential and commercial property owners in the area and explained that the proposed rezoning is to accommodate LaSienne Salon and Day Spa. He stated that he secured a letter of support from each property owner except for one person who was not sure whether they opposed or supported the proposed request. Mr. Fisher explained that he has an interest in the type of tenants that occupy this building not only as a property owner but because he has his Edward Jones office on the upper level. No one spoke in opposition to this request. Correspondence in support of this request was received from the following individuals: John & Mary Bono, 995 Diamond Ridge Double Vision Enterprises, 1001 Diamond Ridge & 1004 Diamond Ridge Louis Phelps, 986 Diamond Ridge Thomas &Vicky Williams, 991 Diamond Ridge Alan Spears, 990 Diamond Ridge Joseph & Brenda Scheppers, 817 Weatherhill Road Nathalie Tungesvik, LLC, 994 Diamond Ridge Edgewood Development, LLC, 994 Diamond Ridge Mr. Barron gave the Planning Division staff report. Mr. Dutoi moved and Mr. Stacey seconded to recommend approval of the request to rezone the property from C -O to C-1 to the City Council. The motion passed 8-0 with the following votes: Aye: Deeken, Dutoi, George, Jordan, Lester, Stacey, Yarnell, Cotten. Minutes/Jefferson City Planning & Zoning Commission February 9, 2012 Page 3 Case No. P12003 — Review of Zoning Plan for Proposed Meadows by the Club Annexation Area. Request filed by City Staff for review and recommendation of the zoning plan for the proposed Meadows by the Club Annexation Area. The proposed Meadows by the Club Annexation Area consists of approximately 169 acres and includes the unincorporated portions of Meadows by the Club Subdivision Sections 2 and 3, property parcels addressed as 4800 Country Club Drive, 4804 Country Club Drive, 4725 Homer Road, 1049 S. Country Club Drive, 1048 S. Country Club Drive, and 956 S. Country Club Drive, plus certain selected adjacent road and highway right-of-way. The Meadows by the Club Annexation Area is proposed as a "voter approved" annexation area. Maps showing the land use and proposed zoning of the annexation area are on file at the Department of Planning and Protective Services and are available for review during normal business hours. Maps may also be viewed on-line at www.jeffcitymo.org/pps/planning/pzcommission.htmi. Mr. Barron described the proposal and explained that the City Council has directed staff to prepare a plan of intent for the proposed Meadows by the Club Annexation area. He stated that The Meadows by the Club Annexation area consists of 169 acres and includes portions of the Meadows by the Club Subdivision, three existing commercial businesses, a quarry, and two residences accessed off of South Country Club Drive. Mr. Barron explained that one of the components of a plan of intent is a zoning plan for the proposed annexation area. He stated that the zoning plan identifies: (1) single family residential detached as RS -1 and RS -2; (2) single family residential attached as RD; (3) commercial areas as C-2, which includes the vacant quant' site; and (4) manufacturing and distribution portions of JC Manufacturing Company as M-1. Ms. McMillan explained that there was a neighborhood meeting with the property owners in The Meadows by the Club Subdivision before Christmas. She stated that there was a pretty good reception from those property owners. Ms. McMillan explained that the main contact has been by written communication although we did speak with the owners of the quarry. Mr. Barron explained that each property owner received a letter and a Request for Zoning Map Change application form. He stated that one request was received from Mr. Ably Hailu, 4218-A Pinehurst Court, which has been distributed at tonight's meeting. Mr. Barron explained that Mr. Hailu was contacted to discuss the proposed zoning plan for the area and how it affected his property. He stated that after this discussion, the property owner concurred that the RD zoning proposed for his property was appropriate. No one spoke in opposition to this request and no correspondence was received. Mr. Stacey moved and Mr. Lester seconded to recommend approval of the zoning plan for the Meadows by the Club Annexation Area to the City Council. The motion passed 8-0 with the following votes: Aye: Deeken, Dutoi, George, Jordan, Lester, Stacey, Yarnell, Cotten. Mr. Stacey moved and Mr. Lester seconded to recommend approval of the Resolution supporting the annexation of the Meadows by the Club Annexation Area to the City Council. The motion passed 8-0 with the following votes: Aye: Deeken, Dutoi, George, Jordan, Lester, Stacey, Yarnell, Cotten. 7. Miscellaneous Reports None. 8. Other Business A. Amend Chapter 32 by assigning Sidewalk Deferral Appeals to the Planning and Zoning Commission. (For information purposes only, no action is needed). Minutes/Jefferson City Planning & Zoning Commission Page 4 February 9, 2012 Mr. Hilpert explained that Councilman Schulte has proposed an amendment to Section 32-103 that would transfer sidewalk deferral appeal hearings to the Planning Zoning Commission. He stated that currently the Director of Planning and Protective Services reviews applications for deferrals and approves them when they meet the criteria outlined in the code. Mr. Hilpert explained that if the owner or developer disagrees with the Directors decision, they may file an appeal. He stated that under the current ordinance, appeals are heard by the City Council. Mr. Hilpert explained that the Public Works and Planning Committee reviewed the proposed ordinance at their January 19, 2012 meeting and referred it to the City Council for consideration at their February 6, 2012 meeting. Ms. Cotten left at 6:00 p.m. 9. Adjourn. There being no further business, Mr. Vaughan moved and Mr. Dutoi seconded to adjourn the meeting at 6:02 p.m. The motion passed B-0 with the following votes: Aye: Deeken, Dutoi, George, Jordan, Lester, Stacey, Yarnell, Vaughan. Respectfully Submitted, �ircG Eric Barron, Assistant Secretary