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Home My Public Portal About2014-11-13 minutesMINUTES JEFFERSON CITY PLANNING AND ZONING COMMISSION November 13, 2014 5:15 p.m. COMMISSION MEMBERS PRESENT ATTENDANCE RECORD Jack Deeken 5 of 6 Chris Jordan, Vice Chairman 4 of 6 Michael Lester 6 of 6 David Nunn 5 of 6 Dale Vaughan 6 of 6 Chris Yarnell 5 of 6 Kevin Thoenen, Alternate 2 of 6 COMMISSION MEMBERS ABSENT Dean Dutoi 3 of 6 Bob George 5 of 6 Ralph Robinett, Chairman 3 of 6 Bunnie Trickey Cotten, Alternate 5 of 6 Ron Fitzwater, Alternate 3 of 6 EX -OFFICIO MEMBERS ABSENT Carlos Graham, 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 Vice Chairman and 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 Vice Chairman announced that all regular members and alternate Mr. Thoenen are eligible to vote. The Vice Chairman announced that Mr. Nunn will abstain from voting on Case No. P14018. 3. Adoption of Agenda Mr. Nunn moved and Mr. Vaughan seconded to adopt the agenda as printed. The motion passed 6-0 with the following votes: Aye: Deeken, Lester, Nunn, Thoenen, Vaughan, Yarnell Minutes/Jefferson City Planning & Zoning Commission November 13, 2014 Page 2 4. Approval of Minutes from the Regular Meeting of October 9, 2014 Mr. Yarnell moved and Mr. Lester seconded to approve the minutes of the Regular Meeting of October 9, 2014 as written. The motion passed 6-0 with the following votes: Aye: Deeken, Lester, Nunn, Thoenen, Vaughan, Yarnell 5. Communications Received No correspondence was received. 6. New Business/Public Hearings Case No. P14018 — 620 W. McCarty Street, Rezoning from PUD to C-2 and Comprehensive Plan Amendment. Staff initiated proposal to rezone 0.75 acres from PUD Planned Unit Development to C-2 General Commercial and an associated amendment to the Comprehensive Plan Development Plan Map to show the property as Commercial. The property consists of a former city bus station and is located on the north side of West McCarty Street 300 feet east of Bolivar Street. The property is described as part of Inlots 424, 425, 426 and 427, Jefferson City, Missouri. Mr. Barron described the proposal and explained that this property consists of the former bus station owned by the City of Jefferson. He stated that the City is in a position to sell the property to a private owner who desires to convert the property into a restaurant. Mr. Barron explained that the plans have not been finalized, but include a building addition and construction of a parking lot. He stated that because the property is still owned by the City, the proposal is being brought forward as a staff initiated rezoning request. Mr. Barron explained that there is a draft Development Agreement that will stipulate what may be built on the property. He stated that in order to avoid the processing of the development proposal under Planned Unit Development requirements, the future property owner has requested a rezoning of the property to a standard commercial zoning district. Mr. Barron explained that 32' tall pole signage would be permitted in the C-2 district, and would have the potential to interfere with the scenic view of the Capitol Building and downtown skyline. Mr. Barron explained that a C-1 zoning of the property would limit the potential sign height to 10 feet while still permitting the transformation of the property into a restaurant. He stated that a C-1 zoning would also be more compatible with the surrounding PUD zoning, which has in past zoning codes, been tied to the C-1 district in terms of permitted uses. Mr. Barron explained that City staff recommends a C-1 zoning as opposed to the proposed C-2 zoning in order to allow this property to be developed by the potential buyer. Mr. Jordan inquired if this is a staff initiated request why is staff recommending a change from the proposed C-2 zoning to C-1. Mr. Barron explained that after the proposal was placed on the agenda, staff reviewed the situation and prefers the C-1 zoning because it would limit the sign height. The C-1 zoning would be in conformance with the proposed development agreement and would allow for the proposed use. Mr. Jordan inquired whether the zoning could have been a stipulation in the Development Agreement. Mr. Cover explained that the zoning was not addressed in the Development Agreement because it was coming before this body. Mr. Jordan commented that he is concerned with spot zoning. He inquired whether there is a certain area for a C-1 zoning designation. Mr. Barron explained that there is a size restriction in the C-1 zoning district of a minimum of one acre. It would be in conflict with the zoning code because this property consists of 0.75 acres and there is no adjacent C-1 zoning district, although it would be a technical conflict because there is commercial zoning directly across the street. Mr. Barron reiterated that the staff concern is still about the potential sign height. Mr. Cover explained that staff can incorporate sign height restrictions in the Development Agreement so that it would be addressed at the C-1 zoning district standard. He stated that it will be a deed restriction on the property. Mr. Cover explained that the potential buyer is in agreement with this. Mr. Barron stated that with this item addressed, staff would support a C-2 zoning of the property. Minutes/Jefferson City Planning & Zoning Commission Page 3 November 13, 2014 Mr. Alex Mastrogiannis, 2135 Missouri Boulevard, spoke regarding this request. Mr. Mastrogiannis explained that he owns Alexandro's Restaurant and is the potential buyer for the subject property. No one spoke in opposition to this request and no correspondence was received. Mr. Barron gave the Planning Division staff report. Mr. Vaughan moved and Mr. Lester seconded to recommend approval to designate the property as Commercial on the Development Plan Map of the Comprehensive Plan to the City Council. The motion passed 4-1 with the following votes: Aye: Lester, Thoenen, Vaughan, Yarnell Nay: Deeken Abstain: Nunn Mr. Vaughan moved and Mr. Lester seconded to recommend approval to rezone the property from PUD to C-2 to the City Council. The motion passed 4-1 with the following votes: Aye: Lester, Thoenen, Vaughan, Yarnell Nay: Deeken Abstain: Nunn 7. Other Business A. Scheduled Reports —Environmental Quality Commission Mr. Lester gave an update on the activities of the Environmental Quality Commission. B. Adopt 2015 Meeting Schedule Mr. Nunn moved and Mr. Vaughan seconded to adopt the 2015 meeting schedule as proposed. The motion passed 6-0 with the following votes: Aye: Deeken, Lester, Nunn, Thoenen, Vaughan, Yarnell Adjourn. There being no further business, the meeting adjourned at 5:55 p.m. Respectfully Submitted, Eric Barron, Assistant Secretary