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HomeMy Public PortalAbout20121108minutesMINUTES JEFFERSON CITY PLANNING AND ZONING COMMISSION November 8, 2012 5:15 p.m. COMMISSION MEMBERS PRESENT ATTENDANCE RECORD Jack Deeken 5 of 5 Dean Dutoi 3 of 5 Chris Jordan, Vice Chairman 3 of 5 Michael Lester 4 of 5 David Nunn 4 of 5 Ralph Robinett, Chairman 5 of 5 Dale Vaughan 4 of 5 Chris Yarnell 4 of 5 Kevin Thoenen, Alternate 1 of 1 Ron Fitzwater, Alternate 1 of 1 COMMISSION MEMBERS ABSENT Bob George 4 of 5 Bunnie Trickey Cotten, Alternate 4 of 5 EX -OFFICIO MEMBERS PRESENT Bill Luebbert, Alternate City Council Liaison STAFF PRESENT Janice McMillan, Director of Planning & Protective Services Jeremy Cover, Associate City Counselor Shane Wade, Civil Engineer II Eric Barron, Senior Planner Anne Stratman, Administrative Assistant 1. Call to Order and Introduction of Members, Ex -officio Members and Staff The Chairman, seven regular members and two alternates 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 Mr. Thoenen were eligible to vote. 3. Adoption of Agenda Mr. Dutoi moved and Mr. Jordan seconded to adopt the agenda as printed. The motion passed 8- 0 with the following votes: Aye: Deeken, Dutoi, Jordan, Lester, Nunn, Thoenen, Vaughan, Yarnell Minutes/Jefferson City Planning & Zoning Commission November 8, 2012 Page 2 4. Approval of Minutes from the Regular Meeting of September 13, 2012 Mr. Nunn moved and Mr. Vaughan seconded to approve the minutes of the Regular Meeting of September 13, 2012 as written. The motion passed 8-0 with the following votes: Aye: Deeken, Dutoi, Jordan, Lester, Nunn, Thoenen, Vaughan, Yarnell 5. Communications Received Correspondence was received for Case No. P12017. 6. New Business/Public Hearings Case No. P12017 — 1404 Karen Drive; Rezoning from RS -4 to PUD, Comprehensive Plan Amendment, Preliminary PUD Plan, and Preliminary Subdivision Plat. Application filed by Shannon Block, authorized representative, Lee Investments LLC, property owner, for the following: (This case replaces Case P12013, which was tabled by the Planning and Zoning Commission on September 13, 2012) 1. Rezoning of 7.48 acres from RS -4 Medium Density Residential to PUD Planned Unit Development. 2. Amendment to the Development Plan Map of the Comprehensive Plan to show the property proposed for PUD zoning as High Density Residential. 3. Preliminary PUD Plan for the development of a multi -family residential development consisting of 6 four-plex buildings for a total of 24 residential units on 7.48 acres. 4. Preliminary Subdivision Plat of Brickyard Terrace Subdivision, consisting of 10.3 acres and containing four single family residential lots and one multi -family residential lot. The property is located on Karen Drive east of Taylor Street and is described as all of lots 1, 15, and 16 of Bosch's Subdivision, part of Outlots 71 and 72, adjacent vacated Water Street right of way, 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 described the proposal and explained that the request is for a development consisting of 6 four-plexes and 4 single family residential lots. He stated that the portion of Karen Drive east of Taylor Street is a substandard roadway and is maintained by the City. He stated that the applicant proposes to plat a 50 foot right-of-way and reconstruct Karen Drive into a cul-de-sac street as shown on the plan. Mr. Barron explained that in order to accommodate the required right-of-way width needed to reconstruct Karen Drive, the property owner is proposing to demolish the house at the corner of Karen Drive and Taylor Street. He stated that the applicant proposes to plat five (5) lots, four (4) of which are single family residential and one (1) is multi -family residential. Mr. Barron explained that the multi -family residential lot is proposed to be rezoned to a PUD zoning designation. He stated that the proposed plan consists of constructing six (6) 4-plex residential buildings with two units up and two units down. Mr. Barron explained that each unit will have garage access. He stated that sidewalks will be constructed along the south side of Karen Drive. Mr. Barron explained that the proposed PUD plan limits the uses for the property to single family and multi -family residential with a maximum density of 24 units. He stated that according to the PUD plan the developer would not be able to construct more than 24 residential units. Mr. Barron explained that the subject property is completely surrounded by RS -4 single family residential zoning except for a small portion of RA -2 High Density Residential zoning. He stated that the Comprehensive Plan Development Plan Map shows this area as being intended for medium density residential attached, which is a single family residential intended use. Mr. Barron explained that the property is surrounded by single family residential uses and its access is through a single family residential area, which puts it in conflict with the City's Comprehensive Plan in that it is a high density apartment style development surrounded by a single family neighborhood. He stated that the proposed PUD Plan does preserve a large amount of open space and trees and that the existing trees will be maintained to the extent possible. Mr. Barron explained that there are no plans to extend the surrounding streets to access the proposed development. He stated that the PUD Plan proposes 28 units with 2.7 units per acre whereas the RS -4 zoning district would allow 61 units with six (6) units per acre. Mr. Robinett inquired whether a comprehensive plan is a guideline, a policy or an ordinance. Ms. McMillan explained that a comprehensive plan is a community's vision and is adopted by resolution which means it is a policy. She stated that a community cannot have zoning without a Minutes/Jefferson City Planning & Zoning Commission November 8, 2012 comprehensive plan. Ms. McMillan explained conformance with the comprehensive plan. Page 3 that when zoning is modified it has to be in Mr. Shannon Block, 5422 Aberdeen Waye, spoke regarding this request and thanked the Commission for granting the continuance in order to give them time to put together a PUD Plan and meet with the neighbors to address their concerns. He stated that the pond will be used for stormwater retention. Mr. Block explained that he does not intend to sell any of the undeveloped lots, in fact he intends to build the single family homes first and then resell them. He stated that he will maintain the multi -family residential development. Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, spoke regarding this request and 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 without 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 for the original development; (7) depicts the four-plex layout; (8) depicts other developments by the Block Family in the St. Martin's area; (9) depicts the subject property, as well as, properties that are not owner occupied; and (10) depicts an alternate subdivision layout that shows the impact of a single family residential development of the property. Mr. Bates explained that they met with City staff and addressed parking, mail receptacles, trash service, building footprint, and stormwater retention. He stated that the positive aspects of the proposed development include: (1) the proposed density is comparable or less than a single family development; (2) the proposed development is important to the redevelopment of the East side; (3) the trip generation is less than that of a single family residential development; and (4) a multi -family residential development has less of a negative impact on the environment with a smaller footprint. Mr. Dutoi inquired whether the Historic Preservation Commission is aware of the house proposed for demolition. Mr. Bates explained that the house is a frame structure and the street cannot be improved where the building is located. He stated that the condition of the structure is such that it is not significant and not worth saving. Mr. Bates explained that the Historic Preservation Commission has a policy and procedure for residential structures that they cannot prohibit the demolition but they can ask you to delay for 60 days for additional discussion. The following individuals spoke in favor of this request: LaShuna Sewell, 1404 Karen Drive Dwayne Sutton, 1404 Karen Drive Lenetta Woodland, 103 McKinley Street Ann Goeke, 1400 Karen Drive Ed Gray, 111 Pierce Street Those speaking in favor expressed the following opinions: 1. Developing the East end is important since this area of the city is the most undeveloped; 2. Karen Drive as it exists today is only wide enough for one car. Widening this street will improve safety issues; 3. The proposed development will not increase traffic; 4. Keeping the tree line intact is important; 5. Do not want McKinley Street extended; 6. The house to be demolished is in disrepair; 7. Mr. Block will do what he is proposing; 8. The proposed development is good for the community; 9. Retaining the pond will keep wildlife in the area. Correspondence in favor of the request was received from Ed Gray, 111 Pierce Street. The following individuals spoke in opposition to this request: Jason Sprulell, 1411 Wlllcoxon Drive Kathryn Elliott, 116 S. Taylor Street Kim Haller, 107 S. Taylor Street Michelle Malone, 104 McKinley Street Minutes/Jefferson City Planning & Zoning Commission November 8, 2012 Mark Holterman, 100 S. Lincoln Street Karen Elliott, 116 S. Taylor Street Page 4 Those speaking in opposition expressed the following concerns and opinions: 1. Maintenance of the close knit character of the neighborhood; 2. The development will cause headlights to encroach on adjacent property; 3. The transient nature of a multi -family development; 4. The development will force wildlife out of the area; 5. Increased traffic will cause safety concerns with children walking to school, especially since there are no sidewalks on Karen Drive; 6. Would prefer the neighborhood remain single family residential; 7. Multi -family residential should not be put in a single family residential neighborhood; 8. Stormwater runoff is a concern for those living on Willcoxon Drive and at the bottom of the hill on McKinley Street; 9. Property values would decrease; 10. Would prefer neither a multi -family or single family residential development because of the rural aspect of the neighborhood; Ms. Karen Elliott, 116 S. Taylor Drive, expressed the concern that she did not receive a notice regarding this case. Mr. Barron explained that per state statute property owners within 185 feet of the property to be rezoned receive a notice in the mail. Ms. Kim Haller, 107 S. Taylor Street, commented that she believes the development will be positive in the sense that she is basing her opinion on Mr. Block's history and the product he has already put out in the community. Correspondence in opposition of the request was received from Mark Holterman, 100 S. Lincoln Street. Mr. Barron gave the Planning Division staff report. Mr. Wade gave the Engineering Division staff report. Mr. Nunn moved and Mr. Jordan seconded to approve the amendment to the Development Plan Map of the Comprehensive Plan to show the property as High Density Residential. The motion passed 7-1 with the following votes: Aye: Deeken, Jordan, Lester, Nunn, Thoenen, Vaughan, Yarnell Nay: Dutoi Mr. Nunn moved and Mr. Vaughan seconded to recommend approval of the request to rezone the property from RS -4 Medium Density Residential to PUD Planned Unit Development to the City Council. The motion passed 7-1 with the following votes: Aye: Deeken, Jordan, Lester, Nunn, Thoenen, Vaughan, Yarnell Nay: Dutoi Mr. Nunn moved and Mr. Vaughan seconded to recommend approval of the Preliminary PUD Plan and Preliminary Plat to the City Council subject to compliance with the comments and technical corrections of the Planning and Engineering Divisions. The motion passed 7-1 with the following votes: Aye: Deeken, Jordan, Lester, Nunn, Thoenen, Vaughan, Yarnell Nay: Dutoi Case No. P12018 — 1850 Route C; Rezoning from PUD to C-2. Application filed by Kevin Guffey, authorized representative, JC Route C Partners LLC, property owner, to rezone 3.49 acres from PUD Planned Unit Development to C-2 General Commercial. The property is located on the north side of Route C 500 feet west of Southwest Boulevard and is described as part of the Northwest quarter of the Northwest quarter of Section 24, Township 44 North, Range 12 West, Jefferson City, Missouri (Central Missouri Professional Services, Consultant). Minutes/Jefferson City Planning & Zoning Commission November 8, 2012 Page 5 Mr. Barron described the proposal and explained that this request is to rezone the property from its current zoning designation of PUD Planned Unit Development to C-2 General Commercial. He stated that the purpose of the request is to establish a traditional zoning designation on the property in place of the PUD zoning. Mr. Barron explained that the owner has recently graded the western portion of the property in anticipation of future commercial development. He stated that at this time a specific development plan for this property has not been received, although a concept plan for a retail building has been presented to staff for comments. Mr. Barron explained that the area is commercial in nature and that the Development Plan map of the Comprehensive Plan shows the property as being intended for commercial use. He stated that the rezoning request is in conformance with the comprehensive plan. Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, spoke regarding this request and distributed a visual depicting the area to be rezoned. He explained that the original 3.94 acres was developed as C-4/PUD. Mr. Bates stated that the property is 75 percent developed at this time. He explained that the area to the west on Route C will accommodate an approximately 6,000 to 9,000 square foot building. 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. Dutoi seconded to recommend approval to rezone the property from PUD to C-2 to the City Council. The motion passed 8-0 with the following votes: Aye: Deeken, Dutoi, Jordan, Lester, Nunn, Thoenen, Vaughan, Yarnell Case No. P12019 — Zoning Text Amendment; Telecommunication Facilities. Request filed by staff to amend the text of Chapter 35, Zoning, including Section 35-41.8.26 Specific Use Standards for Telecommunications Facilities (including movement to Section 35-42), Section 35- 72.G Telecommunications Facility Permit, and Exhibit 35-28 Land Uses Authorized in Zoning Districts. 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. Mr. Barron explained that staff is postponing this request to the December 13, 2012 meeting in order to allow for additional review time by City Staff. 7. Other New Business Case No. P12020 — Final Subdivision Plat of Lage Ridge Subdivision, Section One. Application filed by James Lage, property owner, for a Final Subdivision Plat of 17.28 acres consisting of 29 lots and one Reserved Tract. 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). Mr. Barron described the proposal and explained that the proposed subdivision will be platted in two phases. He stated that Section One is for the western portion of the property and consists of 29 lots and one (1) reserved tract on 17.28 acres. Mr. Barron explained that the reserved tract is for a proposed detention basin. He stated that sidewalks are proposed along the south side of June Court, the east side of Wyatt Drive and the east side of Vieth Drive. Mr. Barron explained that an easement for a greenway trail has been proposed within the subdivision to provide a possible future connection to a future greenway trail to the north along the drainage channel. He stated that Section Two for the eastern portion of the property will be submitted at a future date. Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, spoke regarding this request and distributed a visual showing the layout of Section One. No one spoke in opposition to this request and no correspondence was received. Minutes/Jefferson City Planning & Zoning Commission Page 6 November 8, 2012 Mr. Barron gave the Planning Division staff report. Mr. Wade gave the Engineering Division staff report. Mr. Nunn moved and Mr. Dutoi seconded to recommend approval of the Final Subdivision Plat subject to the following conditions: 1. Compliance with the comments and technical corrections of the Engineering Division. 2. Finalization of improvement plans and plat prior to introduction to City Council. The motion passed 8-0 with the following votes: Aye: Deeken, Dutoi, Jordan, Lester, Nunn, Thoenen, Vaughan, Yarnell 8. Other Business A. Scheduled Reports —Environmental Quality Commission No report was presented, as the Commission did not meet on October 25, 2012. B. Ms. McMillan reported that correspondence was received from Chris Galloway thanking the City for the sidewalk network along Missouri Boulevard and other areas. She explained that sidewalks were constructed on Missouri Boulevard in conjunction with a Transportation Enhancement Grant from the Missouri Department of Transportation. Ms. McMillan explained that transit patrons have a place to walk along Missouri Boulevard to catch a bus. She stated that people walking to their jobs now have sidewalks at least on one side of Missouri Boulevard. B. Adoption of 2013 Meeting Schedule Mr. Barron requested that the July 11, 2013 meeting be moved to July 18, 2013. Mr. Yarnell moved and Mr. Dutoi seconded to adopt the 2013 meeting schedule as revised. The motion passed 8-0 with the following votes: Aye: Deeken, Dutoi, Jordan, Lester, Nunn, Thoenen, Vaughan, Yarnell 9. Adjourn. There being no further business, the meeting adjourned at 7:40 p.m. JR'eesspectfully Submitted, f — �girierl✓t Eric Barron, Assistant Secretary