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