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HomeMy Public PortalAbout2016-10-13 minutes MINUTES JEFFERSON CITY PLANNING AND ZONING COMMISSION October 13, 2016 5:15 p.m. COMMISSION MEMBERS PRESENT ATTENDANCE RECORD Bunnie Trickey Cotten 2 of 2 Dean Dutoi 2 of 2 Bob George 1 of 2 Chris Jordan, Chairman 2 of 2 Michael Lester 2 of 2 David Nunn 2 of 2 Dale Vaughan 1 of 2 Chris Yarnell, Vice Chairman 2 of 2 Ron Fitzwater, Alternate 1 of 2 Blake Markus, Alternate 2 of 2 Matthew Hall, Alternate 2 of 2 COMMSSION MEMBERS ABSENT ATTENDANCE RECORD Jack Deeken 1 of 2 COUNCIL LIAISON PRESENT Carlos Graham STAFF PRESENT Janice McMillan, Director of Planning & Protective Services Eric Barron, Senior Planner Shane Wade, Civil Engineer II Bryan Wolford, Associate City Counselor Anne Stratman, Administrative Assistant 1. Call to Order and Introduction of Members, Ex-officio Members and Staff The Chairman and seven regular members and all alternates were present. A quorum was present. Designation of Voting Alternates The Chairman announced that all regular members and alternates Ms. Cotten and Mr. Fitzwater are eligible to vote. The Chairman announced that Ms. Cotten will be leaving early. Alternate Mr. Markus will vote in her place. 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 October 13, 2016 3. Adoption of Agenda Mr. George moved and Ms. Cotten seconded to adopt the agenda as printed. The motion passed 8-0 with the following votes: Aye: Cotten, Dutoi, George, Lester, Nunn, Vaughan, Yarnell, Fitzwater 4. Approval of Minutes from the Regular Meeting of September 8, 2016 Mr. Nunn moved and Mr. George seconded to approve the minutes of the Regular Meeting of September 8, 2016 as written. The motion passed 8-0 with the following votes: Aye: Cotten, Dutoi, George, Lester, Nunn, Vaughan, Yarnell, Fitzwater 5. Communications Received Correspondence was received for Case No. P16013. 6. New Business/Public Hearings Case No. P16013 — 2005 Schotthill Woods Drive — Preliminary PUD Plan Amendment. Request filed by CAC Real Estate, property owner, Chris McCrea, applicant, for a Preliminary PUD Plan Amendment to demolish the existing restaurant on the property and construct a new 2,200 sf restaurant with drive through lane. The property is located on the northeast corner of Eastland Drive and Schotthill Woods Drive and is described as part of Lot 60 of Schotthill Woods Section 2, Jefferson City, Missouri (Weihe Engineers, Consultant). Mr. Barron described the proposal and explained that the property owner intends to redevelop the site by demolishing the existing restaurant and rebuilding a new Taco Bell restaurant with drive through lane. The property is zoned PUD Planned Unit Development, and the property owner has submitted a Preliminary PUD Plan Amendment request detailing the redevelopment plan. He stated that the property was originally developed according to a PUD Plan approved in 1991. This PUD Plan outlined the development of a restaurant with drive through lane. Mr. Barron indicated that the order box is proposed to be located in the northeast corner of the site directed away from the adjacent residential neighborhood and that the existing 20' tall light poles with double lighting fixtures are planned to be replaced with 25' tall poles with single lighting fixtures. He stated that there are several staff recommended conditions, including the establishment of an underlying zoning designation of C-1 Neighborhood Commercial for the purpose of determining future permitted uses with the addition of restaurant with drive through lane as a permitted use, that the site adhere to the signage allowances of the C-1 district with the exception that one pylon sign, up to 25 feet in height, be permitted in the northwest corner of the site, and that the drive through lane be shifted to adhere to the required 20 feet setback from the neighboring property. Mr. Bill Terry, Weihe Engineers, 10505 North College Avenue, Indianapolis, IN spoke regarding this request. Mr. Terry explained that the hours of operation will be 7:00 AM to 2:00 AM Sunday to Thursday and 7:00 AM to 3:00 AM Friday and Saturday. He stated that they have met the minimum requirements for lighting and do not want to go any lower for security reasons. The following individuals spoke in opposition to this request: Joe Halbrook, 2007 Fox Trail Gary Heislen, 920 Eastland Drive Stephen D'Alessandro, 2011 Fox Trail Thomas Fennessey, 2005 Fox Trail Those speaking in opposition voiced the following concerns: Opposed to the proposed development because of the extreme deviation from the current land use at this property; Excessive late night hours of operation which greatly exceeds the norm of any business located in that general area, aside from McDonald's which is located approximately one city block from where we live; Minutes/Jefferson City Planning &Zoning Commission Page 3 October 13, 2016 Main concern is late night noise from vehicles queued at the drive through window; Increase in traffic; Lack of a sound barrier such as a sound fence or row of evergreen trees; Element that this type of late night drive through establishment might attract to our neighborhood; Pizza Hut is a good neighbor. There is limited lighting and they do not have a continuously used drive through lane that has queued cars with loud speakers and noisy exhaust; Hours of existing business are compatible with the neighborhood. They close at 11:00 p.m. on weeknights and 12:00 a.m. on weekends; Businesses are not similar in nature. Correspondence in opposition to this request was received from the following individuals: Joe&Mary Halbrook, 2007 Fox Trail Stephen D'Alessandro, 2011 Fox Trail Thomas Fennessey, 2008 Fox Trail Mr. Barron explained that the specific business is not an item for consideration by the Planning and Zoning Commission. He stated that there are no restrictions on hours of operation on the existing restaurant. Mr.Wade gave the Engineering Division staff report. Mr. Terry stated that he concurs with staff comments and recommendations. Mr. Nunn moved and Mr. Vaughan seconded to recommend approval of the Preliminary PUD Plan to the City Council, subject to the following conditions: 1. An underlying zoning district of C-1 be established for the purpose of determining permitted uses with the addition of restaurant with drive through lane as a permitted use. 2. Signage shall adhere to the allowances of the C-1 zoning district with the exception that one pylon sign with a maximum height of 25 feet shall be permitted in the northwest corner of the site. 3. Adherence to the standard 20 feet setback for drive through lanes. 4. Compliance with comments and technical corrections of the Planning and Engineering divisions. The motion passed 7-1 with the following votes: Aye: Cotten, Dutoi, Fitzwater, Lester, Nunn, Vaughan, Yarnell, Nay: George Ms. Cotten left at 6:33 p.m. Alternate Mr. Markus will vote in her place. Case No. P16014— 815 West Stadium Boulevard, Rezoning from C-1 to C-2. Request filed by Providence Bank, property owner, for a rezoning of 2.85 acres from C-1 Neighborhood Commercial to C-2 General Commercial. The property is located on the east side of West Stadium Boulevard 250 feet south of Hyde Park Road and is described as part of lot 67 of Jordon Towne Subdivision, Jefferson City, Missouri. Mr. Barron described the proposal and explained that the property owner desires to remove their existing signage and replace with new signage. He stated that the C-1 zoning of the property permits a maximum sign height of 10 feet. Mr. Barron explained that the existing freestanding sign on the property is approximately 23 feet tall, and the owner wishes to replace it with a sign of similar height. He stated that because the sign is nonconforming, a permit cannot be issued for a new sign greater than 10 feet in height. Mr. Barron explained that the owner has applied to rezone the property to a C-2 General Commercial district, which would permit a sign height of up to 32 feet. Minutes/Jefferson City Planning &Zoning Commission Page 4 October 13, 2016 Mr. Tim Harris, Pinnacle Sign Group, 505 N. Glenstone, Springfield, Missouri spoke regarding this request and explained that this is primarily driven by the Bank's desire to rebrand their image. He stated that Providence Bank is remodeling and refreshing their signs at this time. Mr. Harris explained that the existing 23 foot tall sign is a legal nonconforming sign. He stated that the proposed sign would be 22 feet tall. Mr. Harris explained that to be in conformance with the sign code we would have to replace the existing 23 foot tall sign with a 10 foot tall sign. He stated that rezoning to C-2 would bring their property into closer conformance with the existing businesses in the area. 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. George seconded to recommend approval of rezoning the property from C-1 to C-2 to the City Council. The motion passed 8-0 with the following votes: Aye: Dutoi, Fitzwater, George, Lester, Markus, Nunn, Vaughan, Yarnell Case No. P16015 — 2220 Weathered Rock Road — Preliminary PUD Plan. Request filed by Twenty Seven Properties LLC, property owner, for a Preliminary PUD Plan to construct two residential triplexes on 0.96 acres. The property is located on the west side of Weathered Rock Road 650 feet south of Millbrook Drive and is described as Part of Tract B of Millbrook Subdivision, Jefferson City, Missouri (Central Missouri Professional Services, Consultant). Mr. Barron described the proposal and explained that the owner intends to develop the property with two residential triplexes fronting on Weathered Rock Road. He stated that each triplex would contain two units on the upper level and one unit on the lower level. Mr. Barron explained that the property is zoned PUD Planned Unit Development, and the property owner has submitted a Preliminary PUD Plan detailing the development plan. He stated that each of the residential triplexes is shown with three driveways, one serving each unit. Mr. Barron explained that the two units on the upper level of each building will contain a garage. He stated that Staff recommends establishment of an underlying zoning designation of RA-1 High Density Residential for the purpose of determining future permitted uses. Mr. Chris Hentges, 5404 Aberdeen Waye, spoke regarding this request and explained that the building materials will consist of brick on the front of the building and siding on the remaining sides. He stated that the proposed development is similar to the development on Deer Valley. No one spoke in opposition to this request and no correspondence was received. Mr. Barron gave the Planning Division staff report. Mr.Wade gave the Engineering Division staff report. Mr. Hentges stated that he concurs with staff comments and recommendations. Mr. Yarnell moved and Mr. Lester seconded to recommend approval of the Preliminary PUD Plan subject to the following conditions to the City Council: 1. An underlying zoning district of RA-1 be established for the purpose of determining permitted uses, outdoor lighting, and signage. 2. Compliance with comments and technical corrections of the Planning and Engineering Divisions. The motion passed 8-0 with the following votes: Aye: Dutoi, Fitzwater, George, Lester, Markus, Nunn, Vaughan, Yarnell, Minutes/Jefferson City Planning &Zoning Commission Page 5 October 13, 2016 7. Other New Business Case No. P16016 — 2821 S. Ten Mile Drive — Final Subdivision Plat. Request filed by MERS Goodwill for a Final Subdivision Plat on property zoned C-1 Neighborhood Commercial consisting of 1.7 acres and one lot. The purpose of the request is to consolidate three separate property tracts into a single lot. The property is located on the South Side of South Ten Mile Drive 400 feet west of Stoneridge Parkway. Mr. Barron described the proposal and explained that this is a one lot subdivision filed for the purpose of consolidating three separate tracts into a single lot. He stated that the property is intended to be developed with a new 14,500 sf Goodwill Store. Mr. Curt Daniels, Cochran Engineering, 8 East Main Street, Wentzville, Missouri explained that the purpose of the request is to consolidate the subject property into one single lot. No one spoke in opposition to this request and no correspondence was received. Mr. Barron gave the Planning Division staff report. Mr. Wade gave the Engineering Division staff report. Mr. Daniels stated that he concurs with staff comments and recommendations. Mr. Lester moved and Mr. Markus seconded to recommend approval of the proposed final plat subject to the following conditions to the City Council: 1. Compliance with the comments and technical corrections of the Planning and Engineering Divisions. 2. Submittal of a signed plat document prior to introduction to the City Council. The motion passed 8-0 with the following votes: Aye: Dutoi, Fitzwater, George, Lester, Markus, Nunn, Vaughan, Yarnell, 8. Other Business A. Ms. McMillan announced that she will be retiring effective January 12, 2017. 9. Adjourn. There being no further business, the meeting adjourned at 7:10 p.m. Respectfully Submitted, Eric Barron, Assistant Secretary