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HomeMy Public PortalAbout20081009minutesMINUTES JEFFERSON CITY PLANNING AND ZONING COMMISSION October 9, 2008 5:15 p.m. COMMISSION MEMBERS PRESENT Randy Bickel Bob George Rhonda Hoskins David Nunn J. Rick Mihalevich Ralph Robinett, Vice Chairman Jack Deeken, Alternate Chris Yarnell, Alternate COMMISSION MEMBERS ABSENT Mike Berendzen, Chair David Hagan John Lake Chris Jordan, Alternate EX -OFFICIO MEMBERS PRESENT Dan Klindt, City Council Liaison STAFF PRESENT Janice McMillan, Deputy Director of Planning & Transportation Services Nathan Nickolaus, City Counselor Eric Barron, Senior Planner David Bange, Engineering Division Director Shane Wade, Civil Engineer II Anne Stratman, Administrative Assistant ATTENDANCE RECORD 3of5 3 of 5 4of5 4of5 3 of 4 4of5 3 of 5 4of5 4of5 3 of 5 3 of 5 3 of 5 1. Call to Order and Introduction of Members, Ex -officio Members and Staff The Vice Chairman, five 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 Community Development: Chapter 35 of the City Code, Zoning Chapter 33 of the City Code, Subdivision Regulations Chapter 31 of the City Code, Stormwater Management Chapter 8 of the City Code, Building Regulations Chapter 7 of the City Code, Boards and Commissions Chapter 3 of the City Code, Advertising and Sign Code 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, City of Jefferson, Missouri 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 All regular members and alternates Mr. Deeken and Mr. Yarnell were designated to vote. 3. Adoption of Agenda Mr. Bickel moved and Mr. Yarnell seconded to adopt the agenda as printed. The motion passed 7-0 with the following votes: Aye: Bickel, Deeken, George, Hoskins, Mihalevich, Nunn, Yarnell Minutes/Jefferson City Planning & Zoning Commission October 9, 2008 4. Approval of Minutes for the Regular Meeting of September 11, 2008 Mr. George moved and Mr. Nunn seconded to approve the minutes for the regular meeting of September 11, 2008. The motion passed 7-0 with the following votes: Aye: Bickel, Deeken, George, Hoskins, Mihalevich, Nunn, Yarnell Communications Received Correspondence was received for Case No. P08031 6. Old Business — Public Hearing Case No. P08031 — Property in the 1100, 1200, and 1300 Blocks of South Country Club Drive, the 4700 and 4800 Blocks of Old Lohman Road, and the 4800 Block of Leandra Lane; Rezoning and Comprehensive Plan Amendment. (Continued from September 11, 2008). Request filed by Modine Manufacturing Company, property owner, Maurice Ledin, authorized representative, on behalf of B I Properties LP, applicant, Ken Thoenen, authorized representative for a comprehensive plan amendment and an associated request to rezone approximately 32 acres of land currently zoned PUD Planned Unit Development and 10 acres of land currently zoned RS -2 Low Density Residential. The proposed zoning for the property includes approximately 19 acres of land to be zoned RA -2 High Density Residential, approximately 16 acres of land to be zoned C-1 Neighborhood Commercial, and approximately 7 acres of land zoned C-2 General Commercial. The property is located on the west side of South Country Club Drive between the intersection of Old Lohman Road and Leandra Lane and is bordered by South Country Club Drive to the East, Old Lohman Road to the North, and Leandra Lane to the South and West. The property is described as part of the Northeast Quarter of the Northeast Quarter of Section 18 and part of the Northwest Quarter of the Northwest Quarter of Section 17, Township 44 North, Range 12 West, Jefferson City, Cole County, Missouri. A map showing the proposed zoning plan for the property is on file at the Department of Community Development and is available for review during normal business hours. (Central Missouri Professional Services, Consultant) Mr. Barron explained that this request was continued from last month to allow the applicant to meet with affected property owners. As a result of discussions with area residents, the applicant will present a slightly revised application. The comprehensive plan identifies this area as suitable for industrial development with an area designated as low density residential along a portion of Country Club Drive and Old Lohman Road. He stated that the purpose of the public hearing is to allow for public comment on the rezoning and comprehensive plan amendment. Mr. Maurice Ledin, Plant Manager for Modine Manufacturing Company, 1502 S. Country Club Drive, spoke regarding this request. Mr. Ledin explained that the Modine Manufacturing facility, and adjacent land totaling 145 acres, was purchased in 1979. He stated that Modine has no desire to use the vacant land for their operations but will remain a viable employer in this area. Mr. Ledin explained that Mr. Thoenen approached them with a proposal to develop the property across from the manufacturing facility on Leandra Lane into both commercial and residential properties. Since the initial proposal there have been changes to the plan in an effort to compromise with the wishes of the neighbors and Modine. Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, spoke regarding this request. Mr. Bates distributed two visuals, one depicting the areas to be rezoned and a separate visual showing a future roundabout at Big Horn Drive. Mr. Bates explained that the revised request proposes that: (1) an area of five (5) acres is proposed to remain zoned RS -2; (2) an area of 20 acres is proposed to be zoned RA -2; (3) an area of 7 acres is proposed to be zoned C-1; (4) an area of 7.2 acres is proposed to be zoned C-2; and (5) an area of 6.5 acres is proposed to be zoned C-1. He explained that the creek that runs through the property is under Corps of Engineers jurisdiction and there are no plans to regrade the creek at this time. Mr. Bates explained that the issue before the Planning Commission is the establishment of the land use for this property. He stated that currently there is a strip of RS -2 Low Density Residential zoning along South Country Club Drive and Old Lohman Road with the remainder of the property zoned PUD with an underlying zoning of M-1, Light Industrial. Mr. Bates explained that once the zoning is established, the developer would be returning with a subdivision plat and infrastructure plans. As a part of that platting process, the developer would be required to conduct a full traffic impact study. Currently the subject site is entirely bounded by South Country Club Drive, a minor arterial street, and by Leandra Lane and Old Lohman Road collector streets. Minutes/Jefferson City Planning & Zoning Commission October 9, 2008 Page 3 Mr. Ken Thoenen, B.I. Properties, LP, 1119 Big Horn Drive, spoke regarding this request. Mr. Thoenen provided an architectural site plan depicting the layout of the intended development. He also distributed a packet of exhibits showing (1) two samples of the exterior design; (2) a sample of the main and upper level layout; (3) an exhibit showing the density and dimensional standards for the RA1 and RA -2 zoning districts, as well as, the minimum non-residential building setbacks from residential lot lines; (4) a proposed layout; and (5) a list of restrictions to be placed on the commercial uses of the subject property contingent upon the sale of the subject property and the rezoning of said property. Mr. Thoenen explained that since the September 11, 2008 meeting he has gone door to door trying to contact as many neighbors as he could and he also held a neighborhood meeting to inform the neighbors of the proposed development. He stated that the concept for the multi -family residential portion of the development is a "big house" concept which creates more of a neighborhood feel. The market he is targeting is people who are looking for lifestyle and point of service and the senior market. He explained that instead of a 65 percent maximum lot coverage required in the RA -2 zoning district, he is proposing to reduce the maximum lot coverage to 50 percent, which is required in the RA -1 zoning district. He is also proposing to increase the side and rear lot setbacks which will actually increase the distance between buildings. He stated that he has worked with the neighbors and Modine and made a list of restricted uses for the C-1 zoning district along South Country Club Drive. Similar restrictions will be worked out for the other C-1 and C-2 zoning areas. Mr. Thoenen clarified that covenants associated with these restrictions would be added to the deed at the time the land is sold or re -titled. Mr. Greg Bowman, 1428 Briar Village, spoke on behalf of the applicant and the project. Mr. Bowman stated that when the Scheperle property (on South Country Club Drive at Old Lohman Road) was rezoned to commercial it was imminent that there would be additional development in this area. He mentioned Covington Gardens, with over 500 new homes, has been constructed and developed. He stated that the proposed development would benefit the neighborhood and would be the first step to move economic development forward in this part of Jefferson City. Ms. Sherry Cook, 1701 Northway, spoke on behalf of the applicant and this project. Ms. Cook stated that she is speaking on behalf of the Westview Heights Neighborhood Watch Association. She stated that the Thoenen's are very community oriented and they even went so far as to provide a meeting room free of charge for the neighborhood watch meetings. Ms. Cook stated that she would like to have a private and secure area such as this in which to live. She explained that she is very much in favor of this request and believes that the proposed development will improve the Westview Heights area. Mr. Bill Wise, 4710 Old Lohman Road, spoke in opposition to this request. Mr. Wise stated that a total of 265 signatures have been submitted between the September 11, 2008 Commission meeting and tonight's meeting opposing the rezoning and comprehensive plan amendment. He stated that when meeting with Mr. Thoenen, he told him that he had received a notice from the city but the developer did not contact the neighborhood regarding any development plans. Mr. Wise explained that everyone at the meeting with Mr. Thoenen re-signed the petition with the exception of Don Trabue. He stated that when delivering the petitions, he targeted areas that either had access, drove on these streets, or bordered the development. Mr. Wise stated that there are safety issues due to traffic congestion on South Country Club Drive and poor site distance on Old Lohman Road. Additionally, truck traffic from Modine and Unilever should use South Country Club Drive only and not Fairgrounds Road. He stated that he would take issue with the perception that the area needs additional housing especially with the number of apartments, townhouses and homes for rent, as well as the number of apartment buildings for sale. Mr. Wise clarified that he could not oppose a manufacturer building a new factory because the property is already zoned industrial. He stated that he would lose the 150 foot buffer in front of his property if this development were to be built and that is what he is fighting to preserve. Mr. Wise clarified that he would prefer houses because there would only be two to three vehicles corning out of each driveway as opposed to numerous vehicles that a multi -family residential development would create. Minutes/Jefferson City Planning & Zoning Commission October 9, 2008 Page 4 Mr. Donald Trabue, 4710 Denese Drive, voiced his concerns regarding this request. Mr. Trabue stated that he did not sign the petition circulated by Mr. Wise. He stated that even though Mr. Thoenen has addressed many of his concerns, his first concern is that there is a comprehensive plan that has this property zoned industrial and a current zoning of RS -2 and PUD. Mr. Trabue stated that he is happy to see that the five acres of RS -2 Single Family Residential was reinstated, that does provide a buffer. He stated that his concerns with the C-1 zoned area along Leandra Lane and South Country Club Drive have been alleviated with Mr. Thoenen's list of restrictions. Mr. Trabue explained that these restrictions should be made in writing and recorded as a condition to the C-1 zoning areas. He stated that Mr. Thoenen has shown that he will put in a certain concept in those 10 units in the RA -2 zoning area and has addressed similar concepts in the rest of the RA -2 zoning area with restrictions. Mr. Trabue explained that the majority is comfortable with his concept, however they are not comfortable with a strict RA -2 zoning without the restrictions that Mr. Thoenen has agreed to. He stated that at this point he is not opposed to this request as long as the restrictions that Mr. Thoenen has presented are made a part of the permanent record. Mr. Nickolaus clarified that this would have to be done strictly through deed restrictions, the parameters cannot be set by the Commission. Mr. Larry Flatt, 1211 Mehmert Place, spoke on behalf of Cornerstone Baptist Church. He stated that Cornerstone Baptist Church submitted concerns at the September 11, 2008 meeting. Mr. Flatt explained that they are more supportive of something less dense and that has a mix of residential uses on the property. He stated that they had serious concerns about the C-1 and C-2 zoning areas. Mr. Flatt explained that he has talked with Mr. Thoenen about restrictions on the type of C-1 zoning that would be across the street from the church. He stated that Mr. Thoenen informed them that there would be some deed restrictions on the C-1 and C-2 zoning areas. Mr. Flatt requested clarification whether zoning officers enforce private covenants like deed restrictions. In response, Mr. Nickolaus clarified that zoning officers do not enforce deed restrictions, any policing would have to be done by private citizens. Mr. Flatt suggested making needed improvements to Leandra Lane and Old Lohman Road in order to bring them up to collector street standards before any occupancy permits are granted. He clarified that a C -O zoning would be better at Leandra Lane and Old Lohman Road with C-1 zoning in the middle. Ms. Ann Dake, 1101 S. Country Club Drive, spoke in opposition to this request. Ms. Dake is concerned with an increase in traffic and safety issues due to vehicles speeding on South Country Club Drive. Mr. Harry Nandory, 1209 S. Country Club Drive, voiced his concerns regarding this request. Mr. Nandory stated that he is concerned with an increase in traffic in such a restricted area. He explained that a lot was accomplished by working with Mr. Thoenen as far as additional restrictions for the property. Mr. Nandory stated that he would like to see more restrictions in the C-1 and C-2 zoning areas. He stated that the proposed development for the RA -2 zoning area is a good concept as long as Mr. Thoenen follows through and as long as he leaves the RS -2 buffer he would be alright. Mr. Bickel clarified that as long as this request is approved tonight the Commission cannot approve the restrictions, they would have to be done by deed. He explained that the Commission is looking at the zoning for the property only, any modification to the actual uses has to be done by deed restriction. Mr. Donald Trabue, 4710 Denese Drive, spoke regarding this request. Mr. Trabue stated that if the neighborhood has gone through the effort to get concessions from the property owner to where they can live with the situation and move forward with Mr. Thoenen's ideas, than there has to be some way that the city government can take these restrictions into consideration and see that they are passed. Mr. Bickel stated that he understands Mr. Trabue's position but the Commission is limited by what can be done. Correspondence was received from Donald Trabue, 4710 Denese Drive, regarding this request. A form letter distributed by Mr. Bill Wise was signed by Mike Walk, 1112-B Charm Villa and William & Jana Bott, 1506 Independence, and received via fax. Minutes/Jefferson City Planning & Zoning Commission October 9, 2008 Form |ed*rs, signed bythe following individuals, in opposition to this request were received from Mr. Bill Wise onOctober Q.2OOO: Roy & Tiffany Tu'ua. 1112Fairgrounds Rd; K4eeb* D&D.N.Patel, 1124'C Fairgrounds Rd; Autumn Patel, 910 Fairgrounds Rd; Heidi Patteroon, 1124-D Fairgrounds Rd; John & Mary Chouinard, 4619 Leandra Ln; Bruce & Lorry Roberts, 4720-A Leandra Ln; Donald & Catherine Wolters, 4711 Leondra Ln; Tom & Mary Stokes, 4701 Leandna Ln; Rod Prih:hard, 4715 LeandnaLn; Donald 8Judith Borchelt, 4710 LeandraLn; Floyd & Marilyn Woody, 4700Leondra Ln; Jean Powell, 4703Leondna Ln; Richard &Linda Bowers, 4511 Leandna Ln; James &Helen Hmna|ey, 4615 Leandna Ln; Janet & DuwmneK4o,gun. 6511 Old Lohman Rd; Jo KAiUer, 5012 Old Lohman Rd; Edmund & Anna Mae 8chaefmr, 5220 0d Lohman Rd; Phyllis Struemph, 5808 0d Lohman Rd; Harold & Rosalie Wadley, 50140d Lohman Rd; Jean K4iUer, 5012{}|d Lohman Rd; Tom P|uQg*. 5103 {}|d Lohman Rd; James Car|nok, 5105 Old Lohman Rd; William, Keely & Emily Wise, 4710 Old Lohman Rd; Eunice Kautsoh, 4718 Old Lohman Rd; Robert KotUer, 1800-C S. Country Club Dr; David & Loretta Tipp*tt, 1409 S. Country Club Or; Rob & Laura Gtnugh, 2317 G. Country Club Or; William & Mary B|adoa, 1610 S. Country Club Dr; Tom & Baine Mills, 1608 S. Country Club Dr; Wayne & Carolyn Schramm, 1814 S. Country Club Dr; Ed Koetiing & Pat 8truemph, 1105 S. Country Club Dr; VVe|t Fischer, 2401 S. Country Club Dr; Lisa & BobVVieberg' 2300 S. Country Club Dr; Shawn & Jennifer K8o4u. 1313-D S. Country Club Dr; K4inhao| &Annn-K4ario Scott, 2109 S. Country Club Or; Zemichae| Neguuoie & PWehenet Go|assio, 1712 S. Country Club Dr; NurvoU & Barbara Bnpp, 1700 S. Country Club Dr; Norma Maier, 2303 S. Country Club Dr; Brad & K4argond Scheu|on, 1859 S. Country Club Or; Jeanne Paula & John Oakes, 1720 S. Country Club Dr; Lorraine LoPi000|o, 1313-C S. Country Club Dr; David &Jone Donley, 1405 S. Country Club Dr; Kern & Joon Robins, 1401 S. Country Club Or; Ar|iene Carey, 1417 S. Country Club Or; Judy Smith, 2805 S. Country Club Ur; HurryNondory. 1200S. Country Club Dr; Joan & Henry HoUidoy, 1213 S. Country Club Dr; Ann Q Gary Dakm, 1101 S. Country Club Dr; Marvin Sr & A|vnro HnUiday, 1221 S. Country Club Dr; Vivian DeLong, 1227 S. Country Club Dr; Norman & Foye Looten, 1201 S. Country Club Dr; Jules Smith & Jeanne Luadmara, 1224Amity Rd; RobertK4eUowmy. 1218Amity Rd; Floyd Henderaon, 1103-B Big Horn Dr; Candace Mackey, 1107-A4 Big Horn Dr; Roderick Larsen, 1114 Big Horn Dr; Rick &Betty Bnanatutter, 600 Boonville Rd; Judith Hovvord, 55178. Brooks Dr; Rita 8nhaofor, 4916-A Charm Oak Dr; Ron Percival, 4904-B Charm Oak Dr; Sunder & Apurva Balasubramanian, 5017-B Charm Oak Dr; Patrick & Sharman Day, 5110 Charm Ridge Dr; Debra Strickland, 5114-A Charm Ridge Dr; James & Shirley Thorpe, 5186 Charm Ridge Dr; Judy Wilcox, 4816 Charm Ridge Dr #70; Paul Hintoh, 5018 Charm Ridge Or; Mary Churchill, 1100-B Charm TreeCt; Ronald S(uU, 1112 Charm Tree Ct; M.E. Pahl, P{}Box 10244.Columbia, MO; Lura Beth White, 111O-ACharm Tree Ct;Corey Jap|oy.5307'B Deer Ridge; Richard 8 Pat Hayden, 4706 DeneseDr; Lucille Gurney & John Gordon, 1426Denune Dr; John & Margaret Hickey, 4714 DeneoeDr; Rick & Glenda Yoder, 4820 OeneaeDr; Sheri Barnes, 2416Dogwood Bluff Dr; Ruth Shm|den.125-4Evan|ooCtKevin Branch, 111OFaidondRd; Jim Ludy, 1223 Faidand Rd; Al & Bernadette Meyer. 1214 Fair|and Rd; F. Wayne & Alicia White, 1810 Fair|and Rd; Michael & Laura Vaught, 1014 Fair|and Rd; Daniel Boyno, 1105 Fair|and Rd; JeffOist|er. 1104 Faidand Rd; Gary& Carolyn Bor|ond, 1210 Fair|and Rd; Jay &Jewel AUsn, 1508 Fox Moor Court; Gary & Karla Lough|in, 5312 Henwick Ln; Matt Willis, 2415 James Or; Whitney & Bruce CannpbeU, 1808Jasper Ln; Lewis Smith, 218 John StnynL Apt. B; Scott & Jamie Shepherd, 2516 Lakewood Rd; Marylou 8ryant, 8507 E. Lohman Rnod, Lnhmon, MO; Andy VVe|kor, 1923 London Way; Anita VVa|ker, 1923 London Way; Russell & Mary Schaefer, 5001 Lucia Drive; Dave & Diane King, 4502 Merry Ln; Dr. Richard & Kristin Kayser, 4503 Merry Ln; Rachel EmUng & Fe|ipeViUagas. 4508 Merry Ln; Janice Huston. 3215 Moreau View Dr; Ro|fSa|kn. 1816 Northport Dr; Suoana Terry McAdams, 1620 Northport [>r; Scott & Angela Thienat. 1619 Northport Dr; Kevin & Rosey)hetu. 1823 Northport Dr; Don HiUia, 1601 Northport Dr; NurainiAbioye, 1604 Northport Dr; Randal Kompf, 1603 Northport Dr; Jewel Hinshovv, 1704 Northport Dr; Douglas & Leah B|ook, 1116 Nnrthview Dr; Roy Thompson, Jr., 2037 Oalloof Dr; Marlin & Loretta K4onfnrd, 5317 Perkins St; Linda VVoh|ntz, 820 Pin Oak Terrace; Chris & Nikki Cara|, 5306 Poire Dr; Richard & GayleVVitharbae. 1305 Raymond Rd; Richard & SharnnVVn|kenbunh. 1306 Raymond Rd; James &Virginia Medlock, 1310 Raymond Rd; Alvin & Beulah (]ngor. 1301 Raymond Rd; Clarence Vaughan, 1312 Raymond Rd; David & Linda Sohmitz, 1313 Raymond Rd; James &Deborah Gohwarzer, 1317 Raymond Rd; Eldon & Janice Heflin, 2010 Redwood Dr; Sherry & Josh Car|yle, 2230 Ridge Rd; Betty 8heck, 3823 Rook Ridge Rd; James Gregory' 1318 RosevaUey Dr; Mark K4eyers, 4828 Scarborough Way; Don &Cindy Baumann. 4024 Scarborough Way; Greg & Sarah Jones, 3710Scarborough Way; Mark & Deborah VVi|fong.808Scott Station Rd; JnyoeTritooh. 5018 Scruggs Station Rd; Morris &Geri LeFevre, 4324 South Dr; Robort& Janet Williams, 4308South Dr; Max & Jeanette Hedg|in.4312South Dr; Minutes/Jefferson City Planning & Zoning Commission October 9, 2008 Page 6 Susan Herman & Sara Herman, 4018 Southampton Dr; Doug & Sandy Allen, 3104 Southwood Blvd; Bret Baker, 3222 Southwood Terrace; Virginia Hollis, 1610 Starlite Dr; Michael & Christina Carver, 4410 Village Dr; Linda Hoffman & Ruth Hoffman, 4409 Village Dr; James Case, 4402 Village Dr; Ronald Middleton, 216 Wagon Wheel Dr; Paul Pfaff, 2111-A Walz; Colby & Kara Coleman, 5035 Westport Dr; Shondra & Greg Johnson, 1710 Westport Dr; Bob & Wanda Majernik, 5023 Westport Dr; Bart & Cynthia Hawcroft, 5012 Westport Dr; Susan & William Neeley, 1703 Westport Ct; James & Christy Bell, 4911 Westport Dr; Gary & Linda Waisner, 4902 Westport Dr; Betty Hatfield, 4913 Westport Dr; Kevin & Robyn Bopp, 4904 Westport Dr; Kimberly & Brian Quinn, 5032 Westport Dr; Aaron & Sasha Smith, 4905 Westport Dr; Barbara & Dale Rollins, 4801 Westport Dr; James & Mary Clifford, 5004 Westport Dr; Thomas & Linda Rosendale, 5027 Westport Dr; Vincent & Faye Rinaldi, 4804 Westport Dr; Lowell Dean Glidewell, 5028 Westport Dr; Michelle & Darren Collins, 4892 Woodhaven Dr; Wilbur Burton, 1714 Woodridge Trail Mr. Barron gave the Planning Division staff report and explained that prior to 1998 the subject property was zoned M-3 Planned Industrial, In 2002 with the adoption of the update to the zoning ordinance, the M-3 zoning designation was re -designated as PUD. He explained that any non- industrial PUD Plan submitted for this property would not be in conformance with the industrial designation on the comprehensive plan and would require an amendment to the plan. He explained that a mixed use development that included multi -family residential and commercial uses would serve as a transition from the high-intensity industrial use bordering on the southwestern side of the property and the lower intensity residential uses bordering on the eastern and northern sides of the property. He stated that the revised request is substantially similar to the original proposal and that staff supports the revised comprehensive plan amendment and revised rezoning request. Mr. Nunn inquired whether there is any way, assuming that the request is approved, that the deed restrictions can be required to be put in place once they come back for the final plans. Mr. Nickolaus explained that the action of the Commission would be to make a recommendation to the Council. That recommendation could be made subject to those things being done between now and the time of Council action. Mr. Nickolaus explained that the final authority rests with the Council, but that having some sort of restrictions in place as part of the acceptance of the rezoning is not unusual. Mr. Nunn moved and Mr. George seconded to recommend approval of the revised Comprehensive Plan Amendment showing the property as High Density Residential, Commercial and Low Density Residential to the City Council. The motion passed 7-0 with the following votes: Aye: Bickel, Deeken, George, Hoskins, Mihalevich, Nunn, Yarnell Mr. Nunn moved and Ms. Hoskins seconded to recommend approval of the revised rezoning request for the RA -2 area of 20 acres, the C-1 area of 7 acres, the C-2 area of 7.2 acres and the other C-1 area of 6.5 acres. The motion passed 7-0 with the following votes: Aye: Bickel, Deeken, George, Hoskins, Mihalevich, Nunn, Yarnell The Vice Chairman called for a five minute recess at 6:50 p.m. The meeting re -convened at 6:55 p.m. 7. New Business — Public Hearings Case No. P08032 — 1502 South Country Club Drive and property in the 5000 block of Old Lohman Road; Rezoning. Request filed by Modine Manufacturing Company, property owner, Maurice Ledin, authorized representative, to rezone approximately 34.83 acres from PUD Planned Unit Development to M-1 Light Industrial. The property is located on the south side of Old Lohman Road approximately 500 feet west of Leandra Lane and is to the west of the Modine Manufacturing Plant located at 1502 South Country Club Drive. The property is described as part of the Northwest Quarter of the Northeast Quarter, part of the Southwest Quarter of the Northeast Quarter and part of the Northwest Quarter of the Southeast Quarter of Section 18, Township 44 North, Range 12 West, Jefferson City, Cole County, Missouri. (Central Missouri Professional Services, Consultant) Minutes/Jefferson City Planning & Zoning Commission October 9, 2008 Page 7 Mr. Barron explained that the subject property is located behind the Modine Manufacturing Plant and has frontage on the 5000 block of Old Lohman Road. The purpose of the rezoning reqest is to accommodate the sale and development of a portion of the Modine property. The comprehensive plan shows that this property is intended for industrial use and the request would be in conformance with the comprehensive plan. He stated that the purpose of tonight's public hearing is to allow for public comment on the rezoning and comprehensive plan amendment. Mr. Maurice Ledin, Plant Manager for Modine Manufacturing Company, 1502 S. Country Club Drive, spoke regarding this request. Mr. Ledin explained that Modine has decided to sell the property adjacent to the Westview Heights area. He stated that Modine is in agreement with Mr. Otke's proposed development and believes that the proposed development would be beneficial to the city. Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, spoke regarding this request. Mr. Bates distributed visuals depicting (1) the proposed layout of the development; (2) the area to be rezoned; and (3) a visual comparing what the proposed development would look like to the existing development in the Creekside Park Subdivision. Mr. Bates explained that the proposed development is for approximately 33 acres and adjoins Modine's west property line. The development plan would provide for the platting of the subdivision which would provide a street connecting Old Lohman Road to Scruggs Station Road. Mr. Dick Otke, 621 S. Eagle Trace, spoke regarding this request. Mr. Otke pointed out that many of the allowed uses for the M-1 zoning district listed in the staff report are only allowed in the M-1 and M-2 zoning districts. He stated that there really is a need for M-1 zoning because there are very few places in Jefferson City for these types of uses. Mr. Greg Bowman, 1428 Briar Village, spoke on behalf of the applicant and this request. Mr. Bowman stated his opinion that M-1 zoned property is limited in Jefferson City, mentioning the Chamber property on the east side of town, land on Highway 179/Rock Hill Road, and the Lutz property located off of Veterans Lane. Mr. Bowman stated that this type of development can boost the economy in Jefferson City. Mr. Gary Oberkrom, 726 Turnberry, spoke on behalf of the applicant and this request. Mr. Oberkrom stated that the property off of Highway 179 is not feasible for development because of the rough terrain. He stated that this property needs to be developed because it will bring jobs and tax revenue for the city. Mr. Oberkrom added there is very little property available in the county for this type of development. Mr. Otke, the applicant, explained that a lot of the people he talks to end up going out to the county to build on infill lots. He stated that there is no zoning in the county and people build where they please. Mr. Otke explained that a lot of people would rather be in the city because they know who their neighbors are and similar development is grouped together. Mr. Walter Mertens, 1319 Grandview Drive, voiced concerns regarding this request. Mr. Mertens stated that his property backs up to the project and that he is concerned with privacy issues since he has a swimming pool in his backyard. He inquired whether a narrow strip of trees could be planted between the subject property and the Westview Drive area. Mr. Mertens said another concern is stormwater drainage because stormwater naturally runs off of the subject property and backs up into his property. He stated that he has two terraces in his backyard to keep the stormwater out of his basement. Mr. Bates explained that stormwater runoff lends itself to the detention process and that the buffer requirements are addressed on a lot by lot basis. He stated that some of the residents have constructed improvements on the Modine property. Mr. Bates explained that the plat will show an area for existing utilities and the developer would not encroach on those existing utilities. Mr. Otke explained that there are two sets of power lines and that a tree buffer may not be feasible, however he would maintain a 50 foot buffer throughout the power line easements. He stated that he would be willing to work with the people that have built improvements and infringed on Modine's property. Minutes/Jefferson City Planning & Zoning Commission October 9, 2008 Mr. Nunn explained that the city will require the developer to meet the storm water drainage requirements in the city code. Mr. Robinett explained that this is just a rezoning request and when the developer comes back with the plan, that's when the storm water drainage plan and buffers for each property would be looked at. Mr. Barron clarified that the developer would submit a development plan that would be reviewed by city staff, of which one component would be stormwater drainage. Ms. Beth Vaughn, 1518 Fairlawn, voiced concerns regarding this request. Ms. Vaughn stated that her main concern is stormwater drainage because she collects a lot of stormwater drainage from the area. She explained that the subject property slopes up, but because of the density of trees and other growth the runoff is not from the subject property but from the adjacent residential area. Ms. Vaughn stated that the natural wooded buffer behind her property must be retained, not only to prevent stormwater runoff but to act as a buffer from the noise of Modine's facility. No correspondence was received in opposition or in favor to this request. Mr. Barron gave the Planning Division staff report and reiterated that the comprehensive plan identifies this area as suitable for industrial development. He explained that the property is well suited for light industrial development and the rezoning of the property to M-1 Light Industrial would be in conformance with the Comprehensive Plan. He stated that staff recommends approval of the request to rezone the property from PUD to M-1. Mr. Bickel moved and Mr. Yarnell seconded to recommend approval to rezone 1502 South Country Club Drive and property located in the 5000 block of Old Lohman Road from PUD to M-1. The motion passed 7-0 with the following votes: Aye: Bickel, Deeken, George, Hoskins, Mihalevich, Nunn, Yarnell Case No. P08033 — 3715, 3718, 3719, 3722, and 3723 Taylors Ridge Court; Rezoning, Comprehensive Plan Amendment, and Preliminary PUD Plan. Request filed by Jerry and Melody Green, property owners, for the following: 1. A comprehensive plan amendment designating the property as Medium Density Attached Residential on the development plan map of the comprehensive plan. 2. A proposal to rezone the property from RS -1 Single Family Residential to PUD Planned Unit Development. 3. A Preliminary PUD Plan for the construction of five townhouses consisting of two residential units each. The property is located on Taylors Ridge Court approximately 400 feet west of Sherwood Drive. The property is described as lots 39, 40, 57, 58, and 59 of The Trails of Kauffman Hills, Section 3, Jefferson City, Cole County, Missouri. (Central Missouri Professional Services, Consultant) Mr. Barron explained that this request has three parts, a comprehensive plan amendment to show the property as Medium Density Residential Attached, rezoning from RS -1 to PUD, and approval of a Preliminary PUD plan for the construction of five townhouses of two units each. He stated that the purpose of tonight's public hearing is to allow for public comment on these applications. Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, spoke regarding this request. Mr. Bates distributed the following visuals: (1) the zoning surrounding the proposed development; (2) overall layout of The Trails of Kauffman Hills; (3) rendering of the front of the proposed townhouse; (4) main floor plan of the proposed townhouse; (5) other condominium/townhome developments. Mr. Bates explained that this proposal consists of 3 acres and will utilize five lots in Section Three of The Trails of Kauffman Hills. He explained that the applicant informed the neighborhood of the proposed development. Mr. Bates stated that access would be off of Sherwood Drive, which will eventually be extended and tie into Edgewood. No one spoke in opposition to this request and no correspondence was received. Minutes/Jefferson City Planning & Zoning Commission October 9, 2008 Im Mr. Barron gave the Planning Division staff report and explained that this amendment to the development plan map would be in line with a comprehensive plan recommendation that encourages higher density residential districts as a separation between commercial and single family areas. He stated that this request is a unique way to incorporate a townhome development into an existing residential subdivision by utilizing a small PUD zoning district that would establish the character and layout of the development. The establishment of a slightly higher residential density at this location would serve as a transition from the commercially zoned property located along West Edgewood Drive and the existing single family residential subdivision. The Preliminary PUD Plan shows five two - unit townhomes and a swimming pool. He stated that staff recommends approval of the comprehensive plan amendment, rezoning and Preliminary PUD Plan. Mr. Bickel moved and Mr. George seconded to recommend approval of the Comprehensive Plan Amendment showing the property as Medium Density Attached Residential to the City Council. The motion passed 7-0 with the following votes: Aye: Bickel, Deeken, George, Hoskins, Mihalevich, Nunn, Yarnell Mr. Bickel moved and Mr. Yarnell seconded to recommend approval of the rezoning request from RS -1 Single Family Residential to PUD Planned Unit Development to the City Council. The motion passed 7-0 with the following votes: Aye: Bickel, Deeken, George, Hoskins, Mihalevich, Nunn, Yarnell Mr. Bickel moved and Ms. Hoskins seconded to recommend approval of the Preliminary PUD Plan to the City Council subject to the underlying zoning district being established as RD Medium Density Attached Residential for the purpose of establishing allowed uses. The motion passed 7-0 with the following votes: Aye: Bickel, Deeken, George, Hoskins, Mihalevich, Nunn, Yarnell 8. Miscellaneous Reports None. 9. Other Business A. Proposed Revisions to the Jefferson City Sidewalk Code Ms. McMillan explained that staff is putting together a sidewalk plan to address the following elements: (1) sidewalk code implementation challenges; (2) map existing and planned sidewalks; (3) identify priority areas; (3) adopt a maintenance program; and (4) re -program the Capital Improvements Program based on new priorities. Areas where implementation of the sidewalk code has been a challenge were highlighted, including infill sites, large isolated sites, areas where there is no curb and gutter, and high speed routes. The code revisions proposed at this time would (1) allow more discretion on the part of the Department Director for small building and parking lot additions, in- fill developments, and minor subdivisions; (2) provide recognition of City plans to construct sidewalks; (3) modify the waiver fee to exempt one- and two-family infill developments; and (4) clarify administrative provisions pertaining to the sidewalk fund. She announced that the Public Works and Planning Committee will consider these revisions to the sidewalk code at their next meeting scheduled for October 23, 2008 at 7:45 a.m. Councilman Klindt explained that the code revisions are an attempt to give the Director of Community Development more freedom to interpret where sidewalks should be placed. Ms. McMillan added that areas that have been mapped that include a priority analysis on pedestrian activity and functional classifications of streets and whether they are within proximity of traffic generators, bus routes or schools. She also referenced the Federal Highway Administration Best Practices Guide which outlines requirements that the plan will try to follow. B. Adopt 2009 Meeting Schedule Mr. Bickel moved and Mr. Nunn seconded to adopt the 2009 meeting schedule as submitted. The motion passed 7-0 with the following votes: Aye: Bickel, Deeken, George, Hoskins, Mihalevich, Nunn, Yarnell C. Vice Chairman Robinett presented a Certificate of Appreciation to Rhonda Hoskins for her years of service to the Planning and Zoning Commission, Rhonda will be moving to a new home outside the city limits and must step down from her posting on the Planning and Zoning Commission. Minutes/Jefferson City Planning & Zoning Commission Page 10 October 9, 2008 10. Adjourn. There being no further business, the meeting adjourned at 7:50 p.m. Respectfully Submitted, Eric Barron, Assistant Secretary