HomeMy Public PortalAbout20130314minutesMINUTES
JEFFERSON CITY PLANNING AND ZONING COMMISSION
March 14, 2013
5:15 p.m.
COMMISSION MEMBERS PRESENT
ATTENDANCE RECORD
Jack Deeken
8 of 8
Dean Dutoi
6 of 8
Bob George
6 of 8
Michael Lester
7 of 8
Ralph Robinett, Chairman
8 of 8
Dale Vaughan
7 of 8
Chris Yarnell
5 of 8
Bunnie Trickey Cotten, Alternate
7 of 8
Kevin Thoenen, Alternate
3 of 4
COMMISSION MEMBERS ABSENT
Chris Jordan, Vice Chairman
5 of 8
David Nunn
6 of 8
Ron Fitzwater, Alternate
3 of 4
EX -OFFICIO MEMBERS PRESENT
Rick Mihalevich, City Council Liaison
STAFF PRESENT
Janice McMillan, Director of Planning & Protective Services
Jeremy Cover, Associate City Counselor
Eric Barron, Senior Planner
Shane Wade, Civil Engineer II
Anne Stratman, Administrative Assistant
1. Call to Order and Introduction of Members, Ex -officio Members and Staff
The Chairman, six 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 Alternates Ms. Cotten and Mr. Thoenen
were eligible to vote.
3. Adoption of Agenda
Mr. Yarnell moved and Mr. Dutoi seconded to adopt the agenda as printed. The motion passed 8-
0 with the following votes:
Aye: Cotten, Deeken, Dutoi, George, Lester, Thoenen, Vaughan, Yarnell
Minutes/Jefferson City Planning & Zoning Commission
March 14, 2013
Page 2
4. Approval of Minutes from the Regular Meeting of February 14, 2013
Mr. Dutoi moved and Mr. Vaughan seconded to approve the minutes of the Regular Meeting of
February 14, 2013 as written. The motion passed 8-0 with the following votes:
Aye: Cotten, Deeken, Dutoi, George, Lester, Thoenen, Vaughan, Yarnell
5. Communications Received
No correspondence was received.
S. New Business/Public Hearings
Case No. P13002 — 3117 Moreau View Drive; Rezoning and Comprehensive Plan
Amendment. Request filed by Scholastic Inc, property owner, to rezone approximately 0.9 acres
from C-1 Neighborhood Commercial to RS -2 Single Family Residential and an associated
amendment to the Comprehensive Plan to show the property as low density residential. The
property is located at the northwest comer of the intersection of Moreau View Drive and Lake
Road and is described as part of the Northeast Quarter of the Southeast Quarter of Section 22,
Township 44 North, Range 11 West (Central Missouri Professional Services, Consultant).
Mr. Barron described the proposal and explained that Scholastic owns a house at 3117 Moreau
View Drive that is adjacent to a parking lot located across the street from their warehouse facility on
Robinson Road. He stated that the house has been used in the past as an office, but is currently
vacant. Mr. Barron explained that Scholastic proposes to rezone this portion of the property from
C-1 to RS -2. He stated that rezoning of the property to RS -2 would seem appropriate given the
adjacent single family uses to the east and the fact that the existing house on the property was
originally built as a residential structure. Mr. Barron explained that a Comprehensive Plan
Amendment to designate the property as low density residential on the Development Plan Map of
the Comprehensive Plan is also proposed to support the requested rezoning.
Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, spoke regarding
this request. Mr. Bates distributed a visual showing the area to be rezoned. He explained that a plat
will be submitted to develop the property for a residential development in the near future. Mr. Bates
stated that the lack of a sanitary sewer has prohibited the advancement of the residential
development. He explained that the developer has been working with the city to allow the extension
of that sewer. Mr. Bates stated that if the sewer extension does not occur they will not proceed with
the platting of the subdivision. He explained that Scholastic sees no future use of the property for
their facilities and is not interested in developing the property for commercial use.
No one spoke in opposition to this request and no correspondence was received.
Mr. Dutoi moved and Ms. Cotten seconded to approve the comprehensive plan amendment to
show the property as Low Density Residential. The motion passed 8-0 with the following votes:
Aye: Cotten, Deeken, Dutoi, George, Lester, Thoenen, Vaughan, Yarnell
Mr. Dutoi moved and Ms. Cotten seconded to recommend approval of rezoning the property from
C-1 to RS -2 to the City Council. The motion passed 8-0 with the following votes:
Aye: Cotten, Deeken, Dutoi, George, Lester, Thoenen, Vaughan, Yarnell
Case No. P13003 — 2301 Green Meadow Drive; Amended Special Exception Use Permit.
Request filed by Keith and Sarah Huhn, property owners, for an amendment to a Special
Exception Use Permit to allow use of the property for harvesting hay and/or soybeans or corn and
selective removal of standing timber. The property is located at the end of the Green Meadow
Drive cul-de-sac and consists of bottomland along the Moreau River. The property is described
as Reserve Tract A of Rivers Edge Estates Subdivision.
Mr. Barron described the proposal and explained that this property consists of bottomland along
the Moreau River that was platted as a Reserve Tract in the Rivers Edge Estates Subdivision in
2000. He stated that a Special Exception Use Permit to establish a conservation area on this
property was approved in 2005. Mr. Barron explained that the Special Exception Permit allowed
the property to be farmed until the end of 2008 before being converted to a savanna and also
Minutes/Jefferson City Planning & Zoning Commission
March 14, 2013
Page 3
allowed the removal of topsoil. He stated that the applicants have been harvesting hay on the land
for several years, and would like to continue to use the property in this manner. Mr. Barron
explained that the applicants are proposing to abandon the previous savannah oriented Special
Exception Use Permit and establish a new agriculture oriented Special Exception Use Permit that
would allow the following: (1) use of a portion of the property, which includes clearing areas that are
overgrown with brush, as agriculture land to harvest hay and or soybeans/com; and (2)
establishment of a practice to remove standing timber of 24 inches in diameter or greater to allow
harvesting of timber in a conservation oriented manner. He stated that the selective removal of
large trees would allow limited harvesting of lumber in an environmentally conscious manner while
actually improving the stabilization of the river bank. Mr. Barron explained that no form of livestock
would be allowed. He stated that a 15' buffer would be maintained between the field and
neighboring properties. Mr. Barron explained that the City owns a sewer pump station with an
existing easement off of Greenberry Road.
Mr. Keith Huhn, 130 Coyote Hollow Lane, Westphalia, Missouri, spoke regarding this request and
explained that he purchased the property in December 2012. He stated that his intent is to bring
back to natural agricultural use the areas where there is light brush. Mr. Huhn explained that the
large piece on the lower end is old timber and is in the floodplain and he does not have any
intentions of farming that. He stated that he will remove standing timber 24 inches in diameter in
order to preserve the hardwoods bordering the river. Mr. Huhn explained that this will allow smaller
trees to mature and preserve the banks and diminish erosion. He stated that clearing of the land
will stay 30 feet from the Moreau River. Mr. Huhn explained that he intends to use the property to
harvest hay for his cattle operation in Osage County. He stated that he intends to use
approximately 50 acres for his hay operation.
Mr. Harold Kunz, 3320 Goose Trail, explained that he owns property across the river from the
sewer pump station. He commented that he had a verbal agreement with Mr. Roger Verslues,
previous property owner, to not remove trees in front of the sewer pump station so that it is not
visible from his property. Mr. Kunz stated that he does not want the trees along the river bank and
in front of the sewer pump station disturbed. He commented that he has no concerns with the
proposed agricultural use. Mr. Kunz explained that the visibility is fine now but will not be if the trees
are removed.
Mr. Barron clarified that the City does not own the property where the pump station is located. He
explained that the pump station is located on an easement along with an easement to allow for
driveway access. Mr. Barron stated that Mr. Kunz could contact Eric Seaman, Wastewater Division
Director, to discuss the pump station light.
Regarding concerns about clearing trees around the creek on the western side of the property,
Mr. Barron stated that a condition could be established to not allow clearing on the western side of
the creek. Mr. Wade explained that if the creek is over 50 acres of drainage he would need to
comply with stormwater regulations as well. Mr. Wade explained that the stormwater setback for a
riparian corridor is 25 feet whereas the stormwater setback for a structure is 35 feet. Mr. Barron
explained that two additional conditions could be added: (1) establish a 25 foot riparian corridor
along the creek; and (2) no clearing on the western side of the creek.
Mr. Huhn commented that he concurs with the stipulation of not clearing trees to the west of the
creek.
Mr. Dutoi asked to add a clarification for future discussion or concerns that any tree over 24
inches in diameter can be removed but cannot be clear cut because it is outside of the designated
area.
Mr. Robinett suggested stipulating that the Special Exception Use Permit is approved subject to
the corrections of the Planning and Engineering Divisions. Mr. Barron concurred that staff could firm
up the technical language in the council bill to ensure that the allowed use of the property is as it
has been represented.
Minutes/Jefferson City Planning & Zoning Commission
March 14, 2013
Mr. Huhn concurred with staffs recommendation.
Page 4
Mr. George moved and Mr. Dutoi seconded to recommend approval of the request for an
amended Special Exception Use Permit subject to comments and technical corrections by the
Planning and Engineering Divisions to the City Council. The motion passed 8-0 with the following
votes:
Aye: Cotten, Deeken, Dutoi, George, Lester, Thoenen, Vaughan, Yarnell
Other Business
A. Scheduled Reports
—Environmental Quality Commission
Mr. Lester reported that the Environmental Quality Commission is focusing on recycling
opportunities.
Adjourn. There being no further business, the meeting adjourned at 6:15 p.m.
Respectfully Submitted,
Eric Barron, Assistant Secretary