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HomeMy Public PortalAbout2016-03-10 minutesMINUTES JEFFERSON CITY PLANNING AND ZONING COMMISSION March 10, 2016 5:15 p.m. COMMISSION MEMBERS PRESENT Jack Deeken Dean Dutoi Bob George Chris Jordan, Chairman Michael Lester Dale Vaughan Chris Yarnell, Vice Chairman Ron Fitzwater, Alternate Blake Markus, Alternate COMMSSION MEMBERS ABSENT Bunnie Trickey Cotten David Nunn COUNCIL LIAISON Carlos Graham STAFF PRESENT Janice McMillan, Director of Planning & Protective Services Matt Morasch, Director of Public Works Eric Seaman, Wastewater Division Director David Bange, City Engineer Eric Barron, Senior Planner Shane Wade, Civil Engineer II Bryan Wolford, Associate City Counselor Anne Stratman, Administrative Assistant ATTENDANCE RECORD 5of6 4of6 6of6 6of6 6of6 5 of 6 6of6 4of6 4of6 ATTENDANCE RECORD 4of6 4 of 6 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. Designation of Voting Alternates The Chairman announced that all regular members and Alternates Mr. Fitzwater and Mr. Markus are eligible to vote. 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 Minutes/Jefferson City Planning & Zoning Commission Page 2 March 10, 2016 3. Adoption of Agenda Mr. Barron requested to reorder the agenda in order to hear Case No. P16002 first. Mr. Lester moved and Mr. Dutoi seconded to adopt the agenda as reordered. The motion passed 8-0 with the following votes: Aye: Deeken, Dutoi, Fitzwater, George, Lester, Markus, Vaughan, Yarnell 4. Approval of Minutes from the Regular Meeting of December 10, 2015 Mr. Yarnell moved and Mr. George seconded to approve the minutes of the Regular Meeting of December 10, 2015 as written. The motion passed 8-0 with the following votes: Aye: Deeken, Dutoi, Fitzwater, George, Lester, Markus, Vaughan, Yarnell 5. Communications Received Correspondence was received for Case No. P16001. 6. New Business/Public Hearings Case No. P16002 — Property located to the rear of 2821 and 2827 South Ten Mile Drive, Rezoning and Comprehensive Plan Amendment. Request filed by Land Investments LLC, property owner, for a rezoning of 0.3 acres from RD Medium Density Residential and C -O Office Commercial to C-1 Neighborhood Commercial and an amendment to the Development Plan Map of the Comprehensive Plan to show the property as Commercial. The property is located immediately behind properties addressed as 2821 and 2827 South Ten Mile Drive and is described as part of the Southeast Quarter of the Northeast Quarter of Section 10, Township 44 North, Range 12 West, Jefferson City, Missouri. Mr. Barron described the proposal and explained that the applicant is under contract to purchase the two houses at 2821 and 2827 South Ten Mile Drive and the subject 0.3 acre tract behind those houses. He stated that the applicant plans to demolish the two houses and redevelop the site with a 14,561 square foot retail building. Mr. Barron explained that the two houses are currently zoned C-1 Neighborhood Commercial, and general retail uses are permitted in the C-1 district. He stated that the 0.3 acre tract behind the houses has a split zoning of RD and C -O, which are districts that do not permit general retail uses. Mr. Barron explained that in order to unify the zoning of the three tracts and allow the development plan for the property to proceed, the applicant is applying to rezone the 0.3 acre tract to C-1. He stated that a comprehensive plan amendment showing the property as commercial is also associated with this request. Mr. Barron explained that a site plan showing the proposed development of a Goodwill store was submitted with the application. He stated that a full traffic impact study was conducted by George Butler and Associates in conjunction with this development. He stated that the study showed that the existing intersection would be able to accommodate the traffic that would be generated by the development. Mr. Barron explained that the study recommended to remove on street parking in front of the development, as well as, in front of Arby's on South Ten Mile Drive. Mr. David Kutchback, President of MERS/Goodwill, 1315 N. 5th Street, St Charles, MO, spoke regarding this request and explained that MERS/Goodwill is a non-profit organization with 75 career centers and 43 stores throughout Missouri and Illinois. He stated that their mission is to work with individuals to find productive employment. Mr. Kutchback explained that their stores help to fulfill that mission as well as generate revenue for the career centers. He stated that the proposed store will aid in that mission. Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, spoke regarding this request. Mr. Bates distributed the following visuals: (1) visual depicting the area to be rezoned; (2) actual footprint of the proposed Goodwill Store; (3) site plan; (4) rendering of proposed Goodwill Store; and (5) visual depicting non -owner occupied properties. Minutes/Jefferson City Planning & Zoning Commission March 10, 2016 Page 3 Mr. Malcolm Lee DeBroeck, 2830 S. Ten Mile Drive expressed the following concerns: (1) increase of traffic on South Ten Mile Drive; (2) delivery trucks accessing entrance will block access to residential area; (3) South Ten Mile Drive was intended for residential traffic when it was built; and; (4) sight distance is limited at entrances to the subject property. No correspondence was received. Mr. Wade addressed site plan questions. Mr. Bange addressed traffic impact study questions. Mr. Barron gave the Planning Division staff report. Mr. Dutoi moved and Mr. Lester seconded to approve the comprehensive plan amendment request to show the property as Commercial on the Development Plan Map of the Comprehensive Plan to the City Council. The motion passed 8-0 with the following votes: Aye: Deeken, Dutoi, Fitzwater, George, Lester, Markus, Vaughan, Yarnell Mr. Dutoi moved and Mr. Lester seconded to approve the request to rezone the property from RD and C -O to C-1 to the City Council. The motion passed 8-0 with the following votes: Aye: Deeken, Dutoi, Fitzwater, George, Lester, Markus, Vaughan, Yarnell Case No. P16001 — 1600 Block of Hayselton Drive and 1414 West Main Street. Request filed by River Bluff Condominiums LLC and Paul Chinn Trust, property owners, for the following: 1. A rezoning of 14.69 acres from PUD Planned Unit Development to RS -3 Single Family Residential. 2. An amendment to the Development Plan Map of the Comprehensive Plan to show the property, consisting of 14.69 acres, as Low Density Residential. 3. A Preliminary and Final Subdivision Plat of 10.9 acres consisting of 9 lots. The property is accessed from Hayselton Drive 200 feet east of Beverly Street and from West Main Street 150 feet east of Manila Street. The property is described as part of the Southwest part of the Northeast Quarter, the Northwest part of the Southeast Quarter, the East Half, and the Northwest Quarter of Section one, Township 44 North, Range 12 West, Jefferson City, Missouri. (Central Missouri Professional Services, Consultant) Mr. Barron described the proposal and explained that this request comes as two parts. He stated that the first part of the request is to revert the zoning of the River Bluff Condominiums LLC property back to the single family residential status it held prior to 2005. Mr. Barron explained that a comprehensive plan amendment is also proposed to revert the planned use of the property back to the low density residential designation it held prior to 2005. He stated that the single family zoning is proposed for the entirety of the 14.69 acre PUD zoned property owned by River Bluff Condominiums LLC. Mr. Barron explained that the second part of the request is for approval of a Preliminary and Final Subdivision Plat for a nine lot subdivision, with one lot being platted around an existing single family home, one lot designated for construction of a sewer pump station, and seven lots made available for new single family homes. He stated that this request pairs the northern portion of the River Bluff Condominiums LLC property with the Chinn property to the west, and includes a 650 feet long cul-de-sac street with access off of Hayselton Drive. Mr. Barron also explained that the applicant has requested a variance to the provisions of Chapter 33, Subdivision Code, regarding the right-of-way width of the new street. Mr. Barron distributed a draft of the Declaration of Protective Covenants and Restrictions of River Bluff Estates Subdivision. Mr. Barron also presented a history of development within the area and examples of other infill development streets. Mr. Morasch gave a presentation on the infrastructure for the proposed development, as well as, the proposed pump station. Mr. Lester left at 6:45 p.m. Minutes/Jefferson City Planning & Zoning Commission March 10, 2016 Page 4 Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, spoke regarding this request. Mr. Bates distributed visuals that show the comparison between the proposed new development and the development proposed in 2012. He also distributed a series of air photos that show a timeline of development in this area. Mr. Bates explained that the previous development in 2005 proposed a 50 unit condominium development. He stated that the project was not viable based on the construction costs and the market interest and was put on hold. Mr. Bates explained that in 2010 and 2011 a proposal for a 15 lot subdivision was brought forward and approved by the Planning and Zoning Commission but was withdrawn prior to Council consideration. He stated that the current proposal consists of a total of nine lots of which will consist of seven new lots. Mr. Bates explained that the remaining two lots consist of an existing single family home and the proposed sewer pump station. He stated that the proposed development will be compatible with the existing neighborhood and will have a positive impact on property values. Mr. Gary Oberkrom, River Bluff Condominiums LLC, 604-D Missouri Boulevard Court spoke regarding this request and explained that they tried to lessen the density of the proposed development from 15 single family lots to seven. He stated that there will be less traffic with the proposed development compared to previous proposals. Mr. Oberkrom explained that the cul-de- sac length was shortened to 650 feet. Correspondence received in favor of this request was received from the following individuals: Dan Klindt, President, Home Builders Association, 1411 Christy Drive; and Heath Clarkston, HBA Public/Political Affairs Consultant Correspondence received in opposition to this request was received from the following individuals: Mark Pauley, 1606 Hayselton Drive; Paticia Schlechte, 115 E. Circle Drive; Cheri Chockley, 1602 Beverly Street; and Troy Chockley, 1602 Beverly Street The following individual spoke in favor of this request: Mr. Shannon Block, 5422 Aberdeen Way, spoke regarding this request and explained that he constructed an infill development in 2012 on Karen Drive. He stated that residents expressed similar concerns that will be heard tonight. Mr. Block explained that some of the residents that stood in opposition commented that they were pleased how the development turned out. The following individuals spoke in opposition to this request: Matt Connor, 1531 Hayselton Drive; Joe Bednar, 3434 Hobbs Lane; Mark Pauley, 1608 Hayselton; Rob Johnson, 1702 Hayselton; 1901 N. Circle Drive; Angela Park, 1609 Beverly Street; Sarah Bassman, 1621 Hayselton Drive; Mary Browning, 1716 Hayselton Drive; Charlie Christiansen, 1718 Hayselton; Linda Patton, 1509 Hayselton; Mary VanDyne, 1930 Hayselton Drive; Melinda French, 1537 Hayselton Drive; Kevin Thompson, 138 E. Circle Drive Those speaking in opposition to this request expressed the following concerns: The subdivision variance request to access development from Hayselton Drive is inappropriate. The developer needs to reflect on their original plan to access the development from West Main Street. Topography issues on the property are significant. The subdivision development will destroy the character of the existing neighborhood. A development agreement should be required with the City to guarantee only what is proposed will be developed. Access to proposed development will be difficult for emergency personnel. Adverse effects on property values if the development is approved. The building materials may not match existing homes in the area. New houses will not have the same historic nature as the existing houses on Hayselton Drive. Concerns about where infrastructure such as utilities come from and they will be tapping onto old infrastructure. Minutes/Jefferson City Planning & Zoning Commission March 10, 2016 Page 5 Connecting to Hayselton Drive negatively impacts property owners at 1602 and 1608 Hayselton Drive. Connecting a street to Hayselton Drive at the hairpin curve is the creation of a dangerous intersection. No guarantee that they will not come back and ask for a change from seven lots to more. Development will impact both the back and front yard at 1609 Beverly and concerns about water runoff impacting 1609 Beverly Street. Creation of street connecting to Hayselton Drive will create safety issues to pedestrians. There should be additional study before Planning and Zoning Commissioners vote. Chairman Jordan allowed for rebuttal testimony from the applicant's consultant and neighborhood representative. Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, gave his rebuttal testimony. Mr. Bates explained that the developer has searched for a less offensive scope and view than previous proposals. He stated that there are no development plans for the remainder of the property. Mr. Bates explained that the access road for the pump station would be a single lane gravel road at a cost of approximately $400,000. He stated that a street to the proposed development from Main Street was estimated at approximately $500,000 but does not include infrastructure for the subdivision. Mr. Joe Bednar, 3434 Hobbs Lane, owner of 1602 Hayselton Drive, gave his rebuttal testimony. Mr. Bednar commented that the developer cannot identify what the lots will sell for. He stated that the proposed development could tie this area to the rest of city by adding greenway trails. Mr. Bednar asked the Commission to hold off approving this matter until the developer submits a plan that lays out the absorption rate, price point for the homes, the cost of the infrastructure and the impact on the neighborhood. Mr. George commented that the Commissioners are not contractors, they are not builders, they are not paid to do this. All the applicant is asking us to do is rezone the property to residential. All of this stuff you are talking about, you make a good speech about it, but it does not mean anything to us because their contract is none of our business. Chairman Jordan closed testimony at 8:10 p.m. Mr. Barron gave the Planning Division staff report. Mr. Dutoi commented that he opposes connecting to Hayselton Drive because the street was never designed to handle that type of traffic, that piece of property was never intended to have an intersection there, and the radius of the curve is too tight. He stated that he understands that connecting to West Main Street is an expensive option, however, West Main Street is an arterial street. He stated that the adjacent home owners are being asked to bear the brunt of a bad property buying decision by Mr. Otke. Mr. Deeken commented that the curve on Hayselton Drive is not that dangerous. The most dangerous aspect is at 1708 Hayselton where you cannot see if a vehicle is approaching. He stated that he felt that Mr. Pauley at 1608 Hayselton is the only property owner that will be affected by the construction of River Bluff Court. He stated that this is a good example of infill development within the City. Mr. Vaughan moved and Mr. Yarnell seconded to approve the proposed amendment to the Development Plan Map of the Comprehensive Plan to show the 14.69 acre property as intended for low density residential use to the City Council. The motion passed 7-0 with the following votes: Aye: Deeken, Dutoi, Fitzwater, George, Markus, Vaughan, Yarnell Minutes/Jefferson City Planning & Zoning Commission March 10, 2016 Page 6 Mr. Vaughan moved and Mr. George seconded to approve the proposed rezoning of the 14.69 acre property from PUD Planned Unit Development to RS -3 Single Family Residential to the City Council. The motion passed 7-0 with the following votes: Aye: Deeken, Dutoi, Fitzwater, George, Markus, Vaughan, Yarnell Mr. Yarnell moved and Mr. George seconded to approve the requested variance to the right-of- way width. The motion passed 5-2 with the following votes: Aye: Deeken, Fitzwater, George, Vaughan, Yarnell Nay: Dutoi, Markus Mr. Yarnell moved and Mr. Fitzwater seconded to approve the proposed Preliminary Plat of River Bluff Estates subject to comments and technical corrections by city staff. The motion passed 5-2 with the following votes: Aye: Deeken, Fitzwater, George, Vaughan, Yarnell Nay: Dutoi, Markus Mr. Fitzwater moved and Mr. Vaughan seconded to approve the proposed Final Subdivision Plat of River Bluff Estates to the City Council. The motion passed 5-2 with the following votes: Aye: Deeken, Fitzwater, George, Vaughan, Yarnell Nay: Dutoi, Markus 7. Other Business A. Community Development Block Grant (CDBG) Consolidated Annual Performance Report Ms. McMillan gave an overview of the Community Development Block Grant (CDBG) Consolidated Annual Performance Report. She requested that comments are due by March 21, 2016. B. Scheduled Reports Environmental Quality Commission. As Mr. Lester was absent, a report was not given. 8. Adjourn. There being no further business, the meeting adjourned at 8:52 p.m. Respectfully Submitted, Eric Barron, Assistant Secretary