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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