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HomeMy Public PortalAbout20120913minutesMINUTES JEFFERSON CITY PLANNING AND ZONING COMMISSION September 13, 2012 5:15 p.m. COMMISSION MEMBERS PRESENT ATTENDANCE RECORD Jack Deeken 4 of 4 Bob George 4 of 4 David Nunn 3 of 4 Ralph Robinett, Chairman 4 of 4 Dale Vaughan 3 of 4 Chris Jordan, Vice Chairman 2 of 4 Bunnie Trickey Cotten, Alternate 4 of 4 COMMISSION MEMBERS ABSENT Dean Dutoi 2 of 4 Michael Lester 3 of 4 Chris Yarnell 3 of 4 EX -OFFICIO MEMBERS PRESENT Rick Mihalevich, City Council Liaison STAFF PRESENT Janice McMillan, Director of Planning & Protective Services Drew Hilpert, City Counselor Matt Morasch, City Engineer Eric Barron, Senior Planner Anne Stratman, Administrative Assistant 1. Call to Order and Introduction of Members, Ex -officio Members and Staff The Chairman, five regular members and one alternate was 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 are eligible to vote. 3. Adoption of Agenda Mr. George moved and Mr. Jordan seconded to adopt the agenda as printed. The motion passed 6-0 with the following votes: Aye: Cotten, Deeken, George, Jordan, Nunn, Vaughan 4. Approval of Minutes from the Regular Meeting of August 9, 2012 Mr. Nunn moved and Ms. Cotten seconded to approve the minutes of the Regular Meeting of August 9, 2012 as written. The motion passed 6-0 with the following votes: Aye: Cotten, Deeken, George, Jordan, Nunn, Vaughan Minutes/Jefferson City Planning & Zoning Commission Page 2 September 13, 2012 S. Communications Received Correspondence was received for Case No. P12013. 6. New Business/Public Hearings Case No. P12012 — 3110 Algoa Road; Rezoning from C4 and RU to RS -2 and RU and Comprehensive Plan Amendment. Application filed by Don Strope, property owner, to rezone 0.67 acres from C-1 Neighborhood Commercial to RU Rural, to rezone 0.66 acres from C-1 Neighborhood Commercial to RS -2 Low Density Residential, to rezone 0.74 acres from RU Rural to RS -2 Low Density Residential, and an associated amendment to the Development Plan Map of the Comprehensive Plan to show the property as Low Density Residential. The purpose of the request is to remove the commercial zoning from the property and to allow for the construction of a single family home. The property is located on the southern side of Algoa Road 700 feet west of Travis Court and is described as part of Private Survey No. 2680 and part of Section 22, Township 44 North, Range 11 West, Jefferson City, Missouri. Mr. Barron described the proposal and explained that the purpose of this request is to consolidate the zoning in order to accommodate a single family residential home and to remove a small portion of the commercial zoning from a neighboring tract of agricultural property. Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, spoke regarding this request and explained that several years ago the former Engelbrecht farm was split into several large tracts of land. He stated that Mr. Strope purchased a considerable amount of that acreage. Mr. Bates explained that a parcel division was done to match the zoning lines with the property lines. No one spoke in opposition to this request and no correspondence was received. Mr. Barron gave the Planning Division staff report. Mr. Nunn moved and Mr. Jordan seconded to approve the comprehensive plan amendment to show the property as Low Density Residential. The motion passed 6-0 with the following votes: Aye: Cotten, Deeken, George, Jordan, Nunn, Vaughan Mr. Nunn moved and Mr. Jordan seconded to recommend approval of the rezoning request to the City Council. The motion passed 6-0 with the following votes: Aye: Cotten, Deeken, George, Jordan, Nunn, Vaughan Case No. P12013 —1404 Karen Drive; Rezoning from RS -4 to RA -1 and Comprehensive Plan Amendment. Application filed by Shannon Block, authorized representative, Lee Investments LLC, property owner, to rezone 7.8 acres from RS4 Medium Density Residential to RA -1 High Density Residential and an associated amendment to the Development Plan Map of the Comprehensive Plan to show the property as High Density Residential. The purpose of the request is to allow for the construction of a multi -family residential development. The property is located at the eastern end of Karen Drive 500 feet east of Taylor Street and is described as part of Outlots 71 and 72 and part of the East Half of the Northeast Quarter of Section 16, Township 44 North, Range 11 West, Jefferson City, Missouri (Central Missouri Professional Services, Consultant). Mr. Barron explained that the property is currently zoned RS -4 Single Family Residential. He stated that the purpose of the request is to establish a multi -family zoning on a portion of the subject property in order to accommodate a development plan that consists of seven (7) 4-plex multi -family residential buildings and two single family homes. Mr. Barron explained that in order to do this the property owner would construct a new cul-de-sac street in place of an existing sub- standard roadway located on a portion of Karen Drive east of Taylor Street. He stated that the new cul-de-sac would be built to current street standards. Mr. Barron explained that in order to accommodate this there is an existing house on the corner of Taylor Street and Karen Drive that would be demolished to accommodate the right-of-way width. He stated that along with the Minutes/Jefferson City Planning & Zoning Commission September 13, 2012 Page 3 rezoning application the applicant submitted a sketch development plan. Mr. Barron explained that it is important to note that while the applicant submitted the sketch development plan, it is only an example of how the property could be developed if the rezoning request is approved. He stated that while the developer would most likely develop the property similar to what is shown on this concept plan, they could change it in any manner as long as it is still consistent with the zoning of the property. Mr. Barron clarified that the request is to rezone the property to RA -1 High Density Residential which allows up to 12 housing units per acre. Mr. Shannon Block, 5422 Aberdeen Waye, spoke regarding this request and explained that he purchased the subject property in October 2011. He stated that 1404 Karen Drive has a lot of potential for updating and resale. Mr. Block explained that what attracted him the most was the level tree lined street and private setting. He stated that it is his full intention to not remove any trees as shown on the plan. Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, spoke regarding this request and explained that the potential for development was always limited because the existing sub -standard driveway. He stated that with an RS -4 zoning you can get the same number of units however with an RA -1 zoning there is less impact to the overall development footprint. Mr. Bates explained that the proposed development takes away an existing substandard street and provides a good use of the property. He stated that without the purchase of 1323 Karen Drive the potential for redevelopment does not exist. Mr. Bates explained that Mr. Block expressed interest in rehabilitating the existing home but his interest in an investment property was limited by that. Mr. Bates distributed the following exhibits: (1) depicts the primary acreage of 1404 Karen Drive, as well as, 1323 Karen Drive; (2) depicts the overall layout with surrounding zoning; (3) depicts the overall layout with the zoning layer; (4) depicts what the development looks like as it fits into the neighborhood; (5) depicts an enlarged layout of the development that would be built with the platting of the subdivision; (6) depicts the floor plan that was used to develop the sketch development plan; (7) depicts other developments by the Block Family in the St. Martin's area; (8) depicts the subject property, as well as, properties that are not owner occupied; and (9) depicts a conceptual sketch plat that shows the impact of a single family residential development of the property. Mr. Nunn inquired whether this is considered spot zoning. Mr. Bates explained that when you have a parcel of this size he feels comfortable with a modified land use that is residential. He stated that the number of units is actually less than what could be done from a single family residential perspective. Mr. Bates explained that for a tract this size he would not define it as spot zoning. Mr. Jordan inquired whether a PUD zoning district was considered for the subject property. Mr. Bates explained that there was limited discussion and he understands the City's concerns in this regard. He stated that the difficulty with a PUD plan is defining the use for the entire property. Mr. Bates explained that there is no question that once Mr. Block starts building these units he will finish the development. He stated that it would not be desirable for the neighborhood if Mr. Block built a traditional apartment setting with 12 unit buildings and at grade parking. Mr. Robinett asked Mr. Bates to clarify Exhibit 9. Mr. Bates explained that he did not try to maximize the number of lots in the existing RS -4 zoning district. He stated that his firm looked at McKinley and Buchanan Streets to see what could provide connectivity and based on that they identified two points of access. Mr. Bates explained that it is Mr. Block's intention to vacate the McKinley Street right-of-way if his development plan moves forward because there is no intent to use it. Mr. Robinett inquired whether Mr. Block will maintain ownership of the proposed development. Mr. Bates explained that Mr. Block intends to maintain ownership of the seven (7) 4-plex lots and sell the two (2) single family lots. Mr. Block clarified that he intends to own and manage the entire complex in the manner that they do in St. Martins. He stated that it is possible to come back with a modified plan for the nine (9) lots as shown on one of the exhibits. Minutes/Jefferson City Planning & Zoning Commission Page 4 September 13, 2012 The following individuals spoke in opposition to this request: Kim Haller, 107 S. Taylor Street Ray Hentges, 105 S. Taylor Street Eugene Koetting, 329 Hutton Lane Charlotte Elsberry, 109 S. Taylor Street Sonya Spruill, 1411 Wilcoxen Drive Mark Holterman, 100 S. Lincoln Street Robert Malone, 104 McKinley Street Chris Vanderbeen, 1403 Wilcoxen Drive Those speaking in opposition expressed the following concerns and opinions: 1. Increase in traffic with the addition of a multi -family development; 2. Decrease in property values; 3. Property values would increase or remain the same with a single family residential development; 4. Keep the neighborhood single family residential; 5. Maintain characteristics of a single family residential neighborhood; 6. Runoff from stormwater if the property is developed; 7. Materials used for the proposed development would not match the existing single family homes; 8. Maintain the natural tree buffer as it will buffer additional traffic and maintain privacy between the multi -family development and the single family neighborhood; 9. Existing rental properties in the area are single family homes not multi -family; Correspondence in opposition was received from the following individuals: 1. Mark Holterman, 100 S. Lincoln Street 2. Dale Muenks, 109 S. Lincoln Street Mr. Jordan commented that the request is to rezone the property to a specific multi -family zoning district. He explained that if the Commission rezones the property to RA -1 Mr. Block can do this plan or he can change his mind. Mr. Jordan stated that with a PUD zoning Mr. Block cannot change the plan without asking for an amendment. He explained that we are only rezoning an area of ground and not approving a development plan. Mr. Barron explained that what is being requested tonight is simply a rezoning of the property to a multi -family zoning designation. He stated that the applicant submitted the proposed development plan as supplemental information. Mr. Barron explained that it is very difficult to discuss the concept development plan because the property owner would have absolutely no requirement to develop the property in this manner under a RA -1 zoning designation. Mr. Block addressed the following concerns: 1. The house at the corner of Taylor Street and Karen Drive will remain single family. The first two lots past the McKinley Street easement are proposed as single family to fit the surrounding area; 2. The pond could serve as a future water retention basin for stormwater runoff. Mr. Bates explained that he has discussed the potential for a continuance with Mr. Block and Mr. Hilpert. He stated that the plan was designed to minimize the overall development footprint and maintain the buffers around the site. Mr. Bates asked the Commission to consider granting a continuance to allow for the preparation of a PUD plan that would satisfy many of the concerns of the neighborhood. Mr. Nunn moved and Mr. George seconded to continue this request to the October 11, 2012 Planning and Zoning Commission meeting. The motion passed 6-0 with the following votes: Aye: Cotten, Deeken, George, Jordan, Nunn, Vaughan Mr. Barron explained that due to notification procedures the October 11, 2012 meeting date only gives staff and the consultant two weeks to discuss any changes to the development proposal. Minutes/Jefferson City Planning & Zoning Commission September 13, 2012 Page 5 Mr. Hilpert explained that it is the Commission's discretion to continue this case for two months. Mr. Bates explained that they would be more comfortable with a two month continuance because that would give us a better chance for resolution and to provide a greater level of detail. Mr. Nunn moved and Mr. George seconded to amend the original motion to continue this request to the November 8, 2012 Planning and Zoning Commission meeting. The motion passed 6-0 with the following votes: Aye: Cotten, Deeken, George, Jordan, Nunn, Vaughan Mr. Robinett called a five (5) minute recess at 6:40 p.m. The meeting reconvened at 6:48 p.m. Case No. P12014 — 305 and 307 Flora Drive; Rezoning from C-2 and PUD to C-0. Application filed by Susan Moore, applicant, on behalf of Gary and Mary Phillips, property owners, to rezone 1.25 acres from C-2 General Commercial to C -O Office Commercial and to rezone 3.0 acres from PUD Planned Unit Development to C -O Office Commercial. The property is located on the north side of Flora Drive 300 feet west of Tanner Bridge Road and is described as part of Section 13, Township 44 North, Range 12 West, Jefferson City, Missouri (Central Missouri Professional Services, Consultant). Mr. Barron described the proposal and explained that this request is to rezone two parcels from their current zoning designations of C-2 and PUD to C -O Office Commercial. He stated that in November 1994 a request to rezone the PUD portion of the property to C-2 for the purpose of constructing mini -storage units was withdrawn by the applicant. Subsequently, in August 2010 a request to rezone the property to RA -1 for the purpose of constructing apartments was recommended for approval by the Planning and Zoning Commission but failed at the City Council. Mr. Barron explained that the purpose of this request is to allow for uses such as daycares, offices, and assisted living facilities. He stated that this request does not require a comprehensive plan amendment. Mr. Barron explained that no specific development plan was submitted with the application. Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, spoke regarding this request and explained that in August 2010 he believed that the rezoning request was a good plan based on the lack of density but when the proposal got to Council it did not alleviate the concerns of the neighborhood. He stated that he came away from that meeting with the sense that C-0 Office Commercial is more acceptable. Mr. Bates distributed the following visuals: (1) depicts the overall layout with the zoning layer; and (2) depicts what the property looks like as it fits into the neighborhood. Ms. Susan Moore, 5201 Sharon Drive, spoke regarding this request and explained that she spoke with most of the residents on Tanner Bridge Road. She stated that they were very receptive to the proposed plan as long as it does not involve a multi -family residential development. No one spoke in opposition to this request and no correspondence was received. Mr. Barron gave the Planning Division staff report. Mr. Jordan moved and Mr. Vaughan seconded to recommend approval of this rezoning request to the City Council. The motion passed 6-0 with the following votes: Aye: Cotten, Deeken, George, Jordan, Nunn, Vaughan Case No. P12015 — Zoning Text Amendment. Request filed by City Staff to amend the text of Chapter 35, Zoning, by removing standards relating to noise (Section 3541.B.28.0. The purpose of the request is to consolidate regulations regarding noise into Chapter 21, Nuisances, of the City Code. The complete text of the amendment is available for review at the Department of Planning and Protective Services, 320 E. McCarty Street, or may be viewed at the Planning Division webpage at www.jeffcitymo.org. Minutes/Jefferson City Planning & Zoning Commission September 13, 2012 Page 6 Mr. Hilpert explained that the purpose of this request is to remove standards relating to noise in Chapter 35 Zoning and consolidate them into Chapter 21, Nuisances. He stated that we would keep the declaration that noise is a nuisance, which gives us an opportunity to address any issues as they arise. Mr. Hilpert explained that Section 21-115.B addresses the measurement of noise. He stated that we would direct our officers to measure the sound five (5) feet from the boundary line from which the noise is emanating or from the point where a citizen is complaining. Mr. Hilpert explained that sound level measurements would be taken no closer than five (5) feet from any wall because the sound bounces off those walls. He stated that Roger Schwartze, Public Works Director, measured noise levels using the City's sound meter and compiled a chart that shows the noise type and decibel level. Mr. Hilpert explained that Mr. Schwartze also included the OSHA maximum allowable noise exposure for an eight (8) hour workday. He stated that Section 21-116.B addresses adjustments to the maximum sound levels based on certain conditions. Mr. Hilpert explained that Section 21-116.0 addresses exemptions from certain uses and activities when determining compliance. Mr. Hilpert explained that the Board of Adjustment would hear any variances for increases in the maximum allowed levels. Mr. Deeken commented that some of the noise levels, especially the maximum level for operating a 6 H.P. lawnmower, may be too restrictive. Mr. Vaughan inquired whether these changes would affect Delong's or the quarry. Mr. Hilpert explained that Mr. Schwartze measured the noise level at Midwest Block and Brick and they were in compliance. Mr. George inquired whether these changes would affect companies like Hentges Tree Service. He stated that they were at his house today with two chainsaws and a chipper. Mr. Hilpert explained that those situations could be clarified as an exception along with lawnmowers. Mr. Robinett suggested looking at an exemption for farm operations, as well. Mr. Stan Idell, 319C Ash Street, spoke on this request and explained that he and his band play music in Jefferson City and surrounding communities. He stated that there were complaints about the noise level when his band played on the outdoor patio at Prison Brews. Mr. Idell explained that the band was well within noise levels on the decibel chart provided by Mr. Schwartze. He stated that ground noise level for cars going by on Ash Street is somewhere between 70 and 76 decibels. Mr. Idell explained that noise levels while playing inside a restaurant were anywhere from 50 up to and above 80 decibels. He stated that there will be more venues that want to provide outside music. Mr. Michael Brownstein, 320 Ash Street, spoke on this request and distributed a decibel comparison chart. He explained that he is often disturbed by the music from the outdoor patio at Prison Brews located at 305 Ash Street. Mr. Brownstein stated that when he measured the outdoor music from Prison Brews it was 85 decibels. He stated that he does not mind Prison Brews being in his neighborhood because they bring needed commerce to the City, however, he suggested that they bring the music back inside. No correspondence was received. Ms. Cotten moved and Mr. Vaughan seconded to recommend approval of the zoning code amendment to the City Council. The motion passed 6-0 with the following votes: Aye: Cotten, Deeken, George, Jordan, Nunn, Vaughan 4. Other New Business Case No. P12016 — Preliminary Subdivision Plat of Lage Ridge Subdivision. Application filed by James Lage, property owner, for a Preliminary Subdivision Plat of 32.6 acres consisting of 566 lots. The property is zoned RS -2 Low Density Residential and is located to the northeast of the intersection of Missouri Route C and Vieth Drive with property frontage on both Route C and Vieth Drive. The property is described as part of Section 23, Township 44 North, Range 12 West, Jefferson City, Missouri (Central Missouri Professional Services, Consultant). Minutes/Jefferson City Planning & Zoning Commission Page 7 September 13, 2012 Mr. Barron described the proposal and explained that this request is for the approval of a Preliminary Plat for Lage Ridge Subdivision. He stated that the property is zoned RS -2 and is intended to be developed as a single family residential subdivision in two phases, with the first phase being the western half of the subdivision accessed off of Vieth Drive. Mr. Barron explained that the total size of the subdivision is 32.6 acres and consists of 56 lots. He stated that a reserve tract would accommodate a stormwater detention basin. Mr. Barron explained that the Preliminary Plat shows two primary cul-de-sac streets, each with a shorter cul-de-sac off of them. He stated that one of the cul-de-sac streets would be accessed off of Vieth Drive and one off of Missouri Route C. Mr. Barron explained that both primary cul-de-sac streets June Court and Trenton Court exceed the minimum cul-de-sac length of 800 feet. He stated that the applicant has requested a variance from this requirement. Mr. Barron explained that sidewalks are shown on one side of all new streets and along Vieth Drive. Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, spoke regarding this request and explained that the terrain gets significantly steeper northeast of the property. Mr. Bates distributed the following visuals: (1) layout of the proposed Lage Ridge Subdivision; and (2) the Preliminary Plat of Lage Ridge Subdivision. He stated that access to both cul-de-sac streets are permitted and the access from Route C is located directly across from Meadow Lake Drive. Mr. James Lage, 50 Lage Lane, Mary's Home, Missouri, spoke regarding this request and explained that he has built approximately 130 homes in the Jefferson City area. He stated that he intends to maintain the tree boundary. No one spoke in opposition to this request and no correspondence was received. Mr. Barron gave the Planning Division staff report. Mr. Morasch gave the Engineering Division staff report. Mr. Bates concurred with staff comments and recommendations. Mr. Nunn moved and Mr. Vaughan seconded to approve the requested variance from the maximum cul-de-sac length for proposed June Court and Trenton Court. The motion passed 6-0 with the following votes: Aye: Cotten, Deeken, George, Jordan, Nunn, Vaughan Mr. Nunn moved and Mr. George seconded to approve the Preliminary Subdivision Plat subject to compliance with comments and technical corrections by the Planning and Engineering Divisions. The motion passed 6-0 with the following votes: Aye: Cotten, Deeken, George, Jordan, Nunn, Vaughan 5. Other Business A. Scheduled Reports —Environmental quality Commission As Mr. Lester was absent, no report was given. B. Discussion of Possible Zoning Code Amendments None. 9. Adjourn. There being no further business, the meeting adjourned at 7:45 p.m. Respectfully ^�Submitted, �"-✓ ric Barron, Assistant eS cretary