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HomeMy Public PortalAboutORD15607 BILL NO. 2016-67 SPONSORED BY Councilman Graham ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PRELIMINARY PUD PLAN AMENDMENT FOR PROPERTY LOCATED AT 2005 SCHOTTHILL WOODS DRIVE DESCRIBED AS PART OF LOT 60 OF SCHOTTHILL WOODS SECTION TWO, JEFFERSON CITY, COLE COUNTY, MISSOURI WHEREAS, CAC Real Estate, owners of the real estate hereinafter described, having submitted a Preliminary PUD Plan Amendment of said real estate described as follows: Part of Lot No. 60 of Schotthill Woods Subdivision, Section 2, as per plat of record in Plat Book II, Page 324, Cole County, Missouri, more particularly described as follows: Beginning at the southwesterly corner of said Not No. 60; thence North 04 Degrees 07 Minutes 28 Seconds West along the westerly line of said Lot No. 60, 159.31 feet to the southwesterly corner of Lot No. 59 of said Schotthill Woods Subdivision, Section 2; thence North 85 Degrees 52 Minutes 32 Seconds East, 210.46 feet; thence South 01 Degrees 23 Minutes 24 Seconds East, 178.94 feet to a point on the southerly line of said Lot No. 60; thence westerly along the southerly line of said Lot No. 60, in a curve to the left, having a radius of 322.90 feet, an arc distance of 112.57 feet; thence south 85 Degrees 52 Minutes 32 Seconds West along the southerly line of said Lot No. 60, 91.61 feet to the beginning point of this description. Containing 0.77 acres, more or less; and WHEREAS, it appears that the procedures set forth in the Zoning Code relating to Planned Unit Developments have in all matters been complied with, as said property owner submitted to the Planning and Zoning Commission and City Council a Preliminary PUD Plan Amendment for the above referenced property. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Preliminary PUD Plan Amendment, on file as Case No. P16013 in the Jefferson City Planning Division, is hereby approved for the land referenced above. Section 2. Permitted Land Uses. Permitted uses for the property shall be limited to the permitted uses of the C-1 Neighborhood Commercial zoning district with the addition of drive through restaurant as a permitted use. Section 3. Signage and Lighting. Signage and exterior lighting shall adhere to the allowances and requirements of the C-1 Neighborhood Commercial zoning district with the exception that one pylon sign with a maximum height of 25 feet shall be permitted as depicted on the approved site plan. Section 4. Common Areas and Public Land. No common areas are proposed and no lands are dedicated to public use with this PUD Plan. Section 5. This ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: i? // 204' Approved: L.Q//' I q) O1 l� Com , evvue: _ritztri. Presiding Officer Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM: • y Cler City ••nselor NOTICE OF PUBLIC HEARINGS ON PLANNING AND ZONING MATTERS The City Council of the City of Jefferson, Missouri,will hold public hearings on the following planning and zoning matters on Monday, November 21, 2016 at 6:00 p.m. in the Council Chamber of the John G. Christy Municipal Building, 320 East McCarty Street, Jefferson City, Missouri. 1. 2005 SCHOTTHILL WOODS DRIVE—PRELIMINARY PUD PLAN AMENDMENT FOR DRIVE THROUGH RESTAURANT: Part of Lot No.60 of Schotthill Woods Subdivision,Section 2,as per plat of record in Plat Book II, Page 324, Cole County, Missouri, more particularly described as follows: Beginning at the southwesterly corner of said Not No. 60; thence North 04 Degrees 07 Minutes 28 Seconds West along the westerly line of said Lot No. 60, 159.31 feet to the southwesterly corner of Lot No.59 of said Schotthill Woods Subdivision,Section 2;thence North 85 Degrees 52 Minutes 32 Seconds East, 210.46 feet;thence South 01 Degrees 23 Minutes 24 Seconds East, 178.94 feet to a point on the southerly line of said Lot No. 60; thence westerly along the southerly line of said Lot No. 60, in a curve to the left, having a radius of 322.90 feet, an arc distance of 112.57 feet;thence south 85 Degrees 52 Minutes 32 Seconds West along the southerly line of said Lot No. 60, 91.61 feet to the beginning point of this description. Containing 0.77 acres, more or less. 2. 815 WEST STADIUM BOULEVARD—REZONING 2.85 ACRES FROM C-1 NEIGHBORHOOD COMMERCIAL TO C-2 GENERAL COMMERCIAL: Part of Lot No. 67, of Jordan Towne Subdivision, in the City of Jefferson, Missouri, as per plat of record in Plat Book 11, Page 60, Cole County Recorder's Office, more particularly described as follows: From the Northwesterly corner of said lot 67; thence southerly, along the westerly line of said lot 67, on a curve to the right, having a radius of 1323.24 feet,an arc distance of 150.00 feet, (chord south 03 degrees 17 minutes 22 seconds east, 149.92 feet)to the northwesterly corner of a tract of land described by deed of record in Book 369, page 378,Cole County Recorder's Office,and the point of beginning for this description; Thence along the northerly and easterly boundary of said tract the following courses: North 82 degrees 21 minutes 34 seconds east, 161.89 feet;thence south 07 degrees 50 minutes 09 seconds east, 52.00 feet; thence north 82 degrees 09 minutes 51 seconds east, 45.02 feet;thence south 09 degrees 33 minutes 53 seconds west,362.09 feet;thence leaving the boundary of said tract, south 57 degrees 39 minutes 48 seconds west, 5.71 feet; thence southwesterly on a curve to the right having a radius of 290.00 feet,an arc distance of 98.35 feet, (chord south 67 degrees 22 minutes 43 seconds west, 97.88 feet);thence south 57 degrees 39 minutes 58 seconds west, 58.26 feet to a point on the southeasterly extension of the northeasterly line of a tract of land described in book 335, page 941, Cole County Recorder's Office;thence North 48 degrees 24 minutes 37 seconds west,along said extension and along the northeasterly line of said tract,79.28 feet;thence north 80 degrees 44 minutes 02 seconds west, along the northeasterly line of said tract in book 335, page 941, 9.56 feet to the westerly line of said lot 67; thence northerly, along the westerly line of said lot 67, on a curve to the left having a radius of 1323.24 feet, an arc distance of 404.85 feet, (chord north 08 degrees 43 minutes 23 seconds east, 403.27 feet), to the point of beginning; and; Part of Lot No. 67, of Jordan Towne Subdivision, in the City of Jefferson,Missouri,as per plat of record in plat book 11, page 60,Cole County Recorder's Office, more particularly described as follows: From the Northeasterly corner of said lot No. 67; thence south 82 degrees 09 minutes 51 seconds west, along the southerly right-of-way line of Hyde Park Road,290.85 feet to the northeast corner of the eighth tract of land described in Book 365, Page 143, Cole County Recorder's Office;thence along the boundary of said eighth tract the following courses: South 22 degrees 53 minutes 52 seconds east, 183.30 feet; thence south 82 degrees 09 minutes 51 seconds west 167.55 feet; thence leaving the boundary of said eighth tract in Book 365, Page 143, south 07 degrees 50 minutes 09 seconds east,25.00 feet;thence South 82 degrees 09 minutes 51 seconds west,74.98 feet to a corner on the easterly line of a tract described by deed of record in Book 369, Page 378, Cole County Recorder's Office;thence south 09 degrees 33 minutes 53 seconds west,along the easterly line of said tract, 13.84 feet to the point of beginning; thence leaving said easterly line south 85 degrees 07 minutes 53 seconds east, 31.48 feet; thence south 33 degrees 17 minutes 18 seconds east, 151.41 feet; thence south 32 degrees 15 minutes 50 seconds east, 108.37 feet; thence south 61 degrees 58 minutes 24 seconds west, 260.76 feet to the southeasterly line of said tract described by deed of record in Book 369, Page 378; thence along the easterly line of said tract north 09 degrees 33 minutes 53 seconds east, 348.25 feet to the point of beginning. 3. 2220 WEATHERED ROCK ROAD — PRELIMINARY PUD PLAN FOR TWO RESIDENTIAL TRIPLEXES: Part of Tract"B"of Millbrook Subdivision, in the City of Jefferson,Missouri per plat of record in plat book 8, page 109,Cole County Recorder's Office,more particularly described as follows: From the southwest corner of tract"B" of said Millbrook Subdivision, being the point of intersection of the northerly line of Weathered Rock Drive and the Easterly line of Tract "D" of said Millbrook Subdivision; thence North 87 degrees 02 minutes 09 seconds east, along the northerly line of said Weathered Rock Drive,29.16 feet to the easterly line of Cole County Route "B";thence North 33 degrees 55 minutes 40 seconds west, along the easterly line of said Route "B", 175.19 feet to the northwesterly corner of a tract of land described in Book 258, Page 139 and Book 372, Page 967, Cole County Recorder's Office, and the point of beginning for this description;thence continuing North 33 degrees 55 minutes 40 seconds west,along the easterly line of said Route"B", 129.62 feet;thence North 39 degrees 38 minutes 18 seconds west,along the easterly line of said Route "B", 80.62 feet to the southwesterly corner of a tract of land described in Book 371, Pages 301 and 302, Cole County Recorder's Office; thence North 66 degrees 31 minutes 37 seconds east, along the southerly line of said tract, 208.27 feet to the westerly right of way line of weathered rock drive; thence South 24 degrees 12 minutes 11 seconds east, along the westerly right of way line of Weathered Rock Drive, 202.82 feet to the northeast corner of the aforesaid tract in Book 258, Page 139 and Book 372, Page 967; thence South 65 degrees 47 minutes 49 seconds west,along the northerly line of said tract, 164.90 feet to the point of beginning. Containing 0.96 acres, more or less. Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Please call (573) 634-6410 with questions regarding these matters. Phyllis Powell, City Clerk, City of Jefferson, Missouri P.T. - Friday, November 4, 2016 For contact information only. Department of Planning and Protective Services/Planning Division 320 East McCarty Street, Room 120, Jefferson City, Missouri 65101 Contact: Anne Stratman or Janice McMillan Phone (573) 634-6475 Fax(573) 634-6457 EXCERPT OF UN-APPROVED MINUTES JEFFERSON CITY PLANNING AND ZONING COMMISSION October 13,2016 5:15 p.m. COMMISSION MEMBERSPRESENT ATTENDANCE RECORD Bunnie Trickey Cotten 2of2 Dean Dutoi 2 of 2 Bob George 1of2 ChrisJordan, Chairman 2 of2 Michael Lester 2 of 2 David Nunn 2 of 2 Dale Vaughan 1 of2 Chris Yarnell,ViceChairman 2 of2 Ron Fitzwater,Alternate 1 of2 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 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.Barrondescribed the proposal and explained that the propertyowner intends to redevelop the site by demolishing the existing restaurant and rebuilding a new Taco Bell restaurant with drive through lane. The property iszoned PUD Planned Unit Development,and the property ownerhas submitted a Preliminary PUD PlanAmendmentrequest detailing the redevelopmentplan. Hestated 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 purposeof determining future permitted uses with the addition ofrestaurant 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 cornerofthe 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 hoursof operation will be 7:00 AM to 2:00 AM Sundayto Thursday and 7:00 AM to 3:00 AM Friday and Saturday.Hestatedthat they havemetthe minimum requirementsfor lighting and do notwantto go any lower forsecurityreasons. Excerpt of Un-Approved Minutes/Jefferson City Planning &Zoning Commission Page 2 October 13,2016 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; 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 inopposition 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 districtwith the exception that one pylon sign with a maximum height of 25 feet shall be permitted in the northwest corner ofthe 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 leftat 6:33 p.m. Alternate Mr.Markus will vote in her place. City of Jefferson Planning &Zoning Commission VICINITY Case No.P16013 2005 Schotthill Woods Drive Preliminary PUD Plan for drive through restaurant 0 150 300 600 Feet City of Jefferson Planning &Zoning Commission LOCATION MAP Case No.P16013 2005 Schotthill Woods Drive Preliminary PUD Plan for drive through restaurant 0 62.5 125 250 Feet N S !SEP/12/2016/MON 02:19 PM City ofJefferson ' Department ofPlanning &Protective Services 320 £.McCarty Street Jefferson City,MO 65101 Phone:573-634-5410 IcnlmnlnQfdJeffcltvmo.ora v/wwjeffersoncitymo.gov FAX No. APPLICATION FOR PLANNED UNIT DEVELOPMENT (PUD) Concept PUD Plan Preliminary PUD Plan Final PUD Plan Amendment to Final PUD Plan Amendment to Final PUD Plan for Signage PUD Project Name:tb«.bBii Street Address;aoossehotthtnwoodsDr. Legal Description (as follows orisattached): P.oo: Please attach or include the following: (a) Typed project narrative describingthe type and character ofthe development,including land uses,acreage, proposed residential densities or commercial floor area (FAR);publicor private open space,amenities or recreation areas to be provided;sidewalksand pedestrian ways;parkingareas; deviationsfrom minimum design standards ofSection 35-51;andother information required bySection35-74or applicable sectionsofthe Zoning Code.The project title and location must be included upon every page.Number all pages and attachments. (b)Site Plan and/or Development Plan,as applicable. (c) Preliminary or Final Subdivision Plat or Declaration of Condominium Association,as applicable; (d)Draft ofCovenants,Conditions and Restrictions,as applicable;/ (e)Traffic Impact analysis,If required by Section 35-60; (f)Signage Plan, includingtype, locations and dimensions ofall proposed signs; (g)Landscaping and Screening Plan; (h)Lighting Plan,includingpole heights, type of fixtures or luminaries, and foot candles; (I)Project Phasing Plan (if applicable) (j)Application Filing Fee 5210.00plus$20 per acre (RevisedJune 30,2015) Application Information: Property Owner:cnnsMccraa /<cA<z.fteai.^xvn7»>s.c 7> Phone Numberfs):317-663^445 n&S~A,i3~&c$ Applicant Name (ifdifferent from owner): Address_ Phone Number(s):_ Consultant Name:weiho Bngtmua AddreSS:10SOON-College Avo-.Indianapolis,lp4Ja Phone Numbers):3i7-a<a9^8n The attached information accurately represents this proposed project. ff*6 -Consultant Signature For Staff Use Only: Application Filing Fee Received:__ Attachments:Narrative Note other information submitted: D/W/2 /P.<loA^t,T Printed Name y*tt Data Printed Name f Date Check #JAmount Site Plan _AppllcanUPro]ect Information Sheet Individuals should contactthe ADA Coordinator at (573) 634-6570 torequestaccommodationsor alternative formats as required under the Americans with Disabilities Act.Please allow threo business days to process the request You created this PDF from an application that is not licensed to printto novaPDF printer (http://www.novapdf.com) !,! ! 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SCHOTTHILL WOODS SUBD.SEC.2 PB-11,P-324 IN S W 1 / 4 NW 1/4 OF S E C . 2 1 . T44N,R11W CI T Y O F JE F F E R S O N . COLE COUNTY.MISSOURI J " Jr^^^^/]If LOCATION MAP P U D A P P R O V A L SIGNATURES: CO M M I S S I O N CH A I R M A N i re p o i r r d Dy Contrccloi 5. C o n s u l t En g < n a « ' '• j o ' d . ' n g pe o p o i a d cn o n g a i , i©dd»d/»McJ«d i Son.tory S«... P l a n CE R T I F I C A T E NO T E : OR I G I N A L AL T A , PL A T . TO P O G R A P H Y . UT I L I T I E S . STORM S E W E R S AN D AL L O T H E R EX I S T I N G CO N D I T I O N S ITEMS W E R E PR E P A R E D DY CE N T R A L MI S S O U R I PR O F E S S I O N A L SE R V I C E S . IN C . DA T E D O 8 . ' O 5 . ' 2 0 1 6 C a s e N o . P 1 6 0 1 3 2 0 0 5 S c h o t t h i l l W o o d s D r i v e Pr e l i m i n a r y PU D P l a n A m e n d m e n t 5 O PUD C (MWMW-fV* i_,_?j'_:-';-yyft«tT HSSfcuoraoMTo »M»IO ;ft» a oom.>«i o'«•rurM o -:-r-.r:/^.'n WALL LEGEND :_•— ------,. FLOOR PLAN NOTES Case No.P16013 2005 Schotthill Woods Drive Preliminary PUD Plan Amendment S&SSfSHfcK GD CO CD CD CD CD CD CD CS) FLOOR PLAN oT^cT^oi KEY NOTES | B oF1 o =1 _£• 30? as EXPLORER LITE FLOOR PLAN A1.0A • D £ O I I P " 0 2 ! o > c = 2 o < w 2 o n j o a a 3 C D 3 10 •o>5I IS 3 3 2 3 2 © l \ u i ! * 5 § I o 533 im •33iifIi:••:>:•••• •t>>> ^ drawingdept J317midlsonrdCincinnatiohlo45209 51i.J73.809V|www.<lr.iwlmjili-|>lcorn ^^T fa I q-p 2—3 lJ *~ <3©3 c h fj n -ci'-rA c&-\-cnivi 'oa EP SLAT WALL COLOR TRANSITION EIFS THICKNESS COLOR TRANSITION GENERAL NOTES TJ 75" •i 3 cs>.cou'*^ot:rMHQffr r*frj «<S> tm tsmmz dpscowci EXTERIOR FINISH SCHEDULE Case No.P16013 2005 Schotthill Woods Drive Preliminary PUD Plan Amendment CD^ O- G5. CD- CD' CD' CD; CD^ CD' CD; CD- CD^ CD' CO 6 <S ,* -oc^;"-* RIGHT SIDE ELEVATION O •,-.-;• ?! H E.I.F.S.THICKNESS QTT mn DESCRIPTION ELEC ...v:iv.\.i I i-rnv -I'V.i-m'.!••.t:'...i -*-j CD CD CD CD GD CD «<». O • CD «<" CD '"• CD CD CD CD CD -'• CO?<V.H^».V CD "' CD *r*o CD Bf»(M) SIGN SCHEDULE Mi C KEY NOTES D sill 51.5 EXPLORER LITE EXTERIOR ELEVATIONS A4.0A $T a R W M r M 8 i i B t f f f e * F R O N T E L E V A T I O N C a s e N o . P 1 6 0 1 3 2 0 0 5 S c h o t t h i l l W o o d s D r i v e Pr e l i m i n a r y PU D P l a n A m e n d m e n t •SmS?* L E F T SIDE ELEVATION ••-•••-!A '. " ^REAR ELEVATION •"-'«BQ-B;S ID EXPLORER LITE EXTERIOR ELEVATIONS A4.1A TACO BELL 2005 SCHOTTHILL WOODS RD. JEFFERSON CITY,MO PREPARED BY:JOHN BUJAKE ACCUSERV LIGHTING &EQUIPMENT 877-707-7378 502-961-0357 FAX jbujake@accu-serv,com SEPTEMBER 9,2 016 Calculation Summary Label Avg Max Min Avg/Min Max/Min EXTENDED 1.45 24.4 0.0 N.A.N.A. VEHICULAR SURFACE 2.49 6.6 0.6 4.15 11.00 LIGHT LEVELS ARE MAINTAINED FOOT-CANDLES,INITIAL LEVELS ARE SLIGHTLY HIGHER Luminaire Schedule Symbol -Q O Qty Label TB Arrangement SINGLE SINGLE Lum.Lumens 29714 1219 LLF 0.900 0.900 Lum.Watts 325 26 ALL FIXTURES AND POLES ARE NEW SITE FIXTURES ARE 325W 4000K LED w/ FLAT LENSES POLES ARE 25'-0"FOR AN OVERALL FIXTURE MOUNTING HEIGHT OF 27,-6"A.F.G. Case No.P16013 2005 Schotthill Woods Drive Preliminary PUD Plan Amendment Description CL1-A-90L-U-4K-4-105-DB / SETA-DB / SSS-S-25-40-A-TA-S2-DB ACCU 05247-051-052 @ 9.17'A.F.G. €nd -Q3N0Z ana -'qiengz 2 co E OS Q. City of Jefferson Department of Planning &Protective Services 320 E.McCarty St. Jefferson City, MO 65101 September 28,2016 Dear Property Owner: This letter is to notify you that the Jefferson City Planning and Zoning Commission will meet at 5:15 p.m. on Thursday,October 13,2016 in the Council Chambers of the John G. Christy Municipal Building, 320 East McCarty Street,to consider the following matter (see map on back): 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). As a nearby landowner and/or neighbor,you have the privilege of attending this hearing.Unfortunately, we are unable to record comments received by telephone,however,written comments may be directed to the Planning and Zoning Commission in one of the following ways: e-mail:jcplanning@jeffcitymo.org fax: Dept. of Planning and Protective Services /Planning Division 573-634-6457 mail: Dept. of Planning and Protective Services /Planning Division John G.Christy Municipal Building, 320 E. McCarty Street Jefferson City, MO 65101 Written comments received on or before 1:00 p.m. on the day of the meeting will be made a part of the official record and copied and distributed to Commission members at the meeting.Those unable to provide written comments in advance are invited to deliver their comments to the Commission Chairman only at the meeting.Correspondence received after 1:00 p.m.will be included in the official record,but there is no guarantee that copies will be made for distribution to all Commission members. For your information, this case is tentatively scheduled for a public hearing in front of the City Council on November 21,2016. The CityCouncil meets at 6:00 p.m. inthe Council Chambers of the John G. Christy Municipal Building,320 East McCarty Street. Information regarding this case may be viewed on the Planning and Zoning Commission webpage at: www.jeffersoncitymo.gov. Ifyou have any questions concerning this matter,please feel free to contact us at 573.634.6475. Sincerely, £r-sz*<^/>c<sz^&^n Eric Barron,AICP Senior Planner Carrie Terqin,Mayor Janice McMillan,AICP,Director Phone:573-634-6410 Fax:573-634-6457 Individuals should contact the ADA Coordinator at (573)634-6570to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Please call (573)634-6410with questions regarding agenda items. Jefferson City Planning &Zoning Commission Property Owner List Case No.P16013 2005 Schotthill Woods Drive Page 1 October 13,2016 THREE FOUNTAINS LLC ATTN:PROPERTY TAX DEPT C/O WALGREEN CO PO BOX 1159 DEERFIELD,IL 60015 900 EASTLAND DR CITY OF JEFFERSON 320 E MCCARTY ST JEFFERSON CITY, MO 65101 EASTLAND DR MISSOURI CREDIT UNION 111 E BROADWAY ST COLUMBIA,MO 65203 910 EASTLAND DR HEISLEN,GARY D&LISA M 920 EASTLAND DR JEFFERSON CITY,MO 65101 920 EASTLAND DR KAMPETER,KEVIN B KAMPETER,BJACQUELYN 924 EASTLAND DR JEFFERSON CITY,MO 65101 924 EASTLAND DR MCENTIRE,HARRY E & LINDAL 2001 FOX TRL JEFFERSON CITY, MO 65101 2001 FOX TRL MANKIN, KURTL&LISA M 2120 DEER TRL JEFFERSON CITY,MO 65101 2000 SCHOTTHILL WOODS DR HALBROOK, JOEY K& MARY E 2007 FOX TRL JEFFERSON CITY,MO 65101 2007 FOX TRL WALGREENS ATTN:STORE MANAGER 900 EASTLAND DR JEFFERSON CITY,MO 65101 MISSOURI NATIONAL GUARD CREDIT UNION 2009 SCHOTTHILL WOODS DR JEFFERSON CITY,MO 65101-5509 2009 SCHOTTHILL WOODS DR CACREALESTATELLP PO BOX 22845 OKLAHOMA CITY,OK 73123-1845 2005 SCHOTTHILL WOODS DR (SubjectProperty) JEFFERSON BANK OF MISSOURI 700 SOUTHWEST BLVD JEFFERSON CITY,MO 65109 901 EASTLAND DR T-MOBILE C/O DUFF &PHELPS DBA/VERIZON WIRELESS PO BOX 260968 PLANO,TX 75026-0968 905 EASTLAND DR REAR A B C 0 MANAGEMENT LLC 419 VIRGINIA TRL JEFFERSON CITY,MO 65109 905 EASTLAND DR DALESSANDRO,STEPHEN ANDREW 2011 FOX TRL JEFFERSON CITY,MO 65101 2011 FOX TRL FLOWERS, JAMES W 2012 FOX TRL JEFFERSON CITY,MO 65101 2012 FOX TRL FENNESSEY,THOMAS W &LINDA M 2008 FOX TRL JEFFERSON CITY,MO 65101 2008 FOX TRL EIGHMEY,REX RICHARD& CAROLA, TRUSTEES 1003 EASTLAND DR JEFFERSON CITY,MO 65101 1003 EASTLAND DR Case No.P16013 2005 Schotthill Woods Drive Preliminary PUD Plan for drive through restaurant 185 ft.Notification Buffer N 0 45 90 PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION October 13,2016 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). Nature of Request The property owner intends to redevelop the site, by demolishing the existing restaurant and rebuilding a new 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. Zoning History 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. Zoning and Surrounding Land Use: Zoning:PUD Use:Restaurant with Drive Through Lane Surrounding Zoning Surrounding Uses North PUD Bank with Drive Through Lanes South RS-2 Single Family Neighborhood East PUD Bank with Drive Through Lanes West C-1 Bank with Drive Through Lanes Staff Analysis Permitted Uses: The Preliminary PUD Plan outlines use of the property as a restaurant with drive through lane.Staff recommend 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. Parking: 40 parking spaces are shown on the Preliminary PUD Plan. The parking plan exceeds the 23 required parking spaces required for a 2,300 sf restaurant (1 space per 100 sf of floor area). Signs: The applicant intends to remove the existing pylon sign at the northwest corner of the site and replace with a new pylon sign up to 32 feet in height. The existing sign is approximately 25 feet in height. A survey of other sigh heights in the area are as follows: Walgreens - 900 Eastland - 25 feet Missouri Credit Union -910 Eastland -25 feet River Region Credit Union - 2009 Schotthill Woods Drive- 5 feet Jefferson Bank -901 Eastland Drive - 5 feet McDonalds -815 Eastland Drive —25 feet Given the sites location adjacent to a residential area and the existing sign heights along this section of Eastland Drive,staff recommend 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. This would allow for the replacement of the existing sign with one of similar height while keeping the tall signage as separated as possible from the neighboring residential area. Lighting: An exterior lighting plan was included with the Preliminary PUD Plan submittal. The lighting plan shows an average lighting level of 2.49 footcandles across the parking lot and an average of 1.49 footcandles across the lighted area. For comparison, the C-2 zoning district permits a maximum lighting level of 3.0 footcandles. The existing 20'tall light poles with double lighting fixtures are planned to be replaced with 25'tall poles with single lighting fixtures. Planning and Zoning Commission October 13,2016 Case No.PI6013 Page 2 Landscaping:Parking lot landscaping consisting of 10treesisshownonthe PUD Plan.In addition tothe landscaping to be installed duringthe redevelopment of the site, the neighboring property to the north (JeffersonBank)hasa row often treesalongthe propertylinethat partiallyshadesthe subjectparkinglot. Drive Through Lane: The drive through lane shown on the PUD Plan is located 14.8feet from the eastern propertyline,which is lessthan the standard 20 feet setbackfor drivethrough lanes.The drivethrough lane is shown with an 11 feet width, higher than the minimum 8 feet width code requirement. Staff recommend that the drive through lane be shifted to adhere to the required 20 feet setback from the neighboring property. Staff Recommendation Staff recommend approval of the Preliminary PUD Plan Amendment.The proposed use of the property is similarto the existingrestaurantwithdrive throughlane,and isan appropriate land useconsideringthe location of the property on Eastland Drive (classified as a minor arterial street) within a commercial subdivision. The new building is proposed to be constructed in the same location as the existing building. Form of Motion Motion for approval of the Preliminary PUD Plan Amendment with 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. Jefferson City Planning & Zoning Commission Meeting Engineering Division Staff Report Thursday,October 13,2016,5:15pm Item 6. -New Business/Public Hearings CaseNo.PI 6013-Amended Preliminary Site Plan,Reconstruction/Rebuild of Restaurant,2005 Schotthill Woods Drive (PUD) ENGINEERING STAFF RECOMMENDATION-Engineering Staffsupports approval of this request, subjectto preliminary plan beingrevisedto address technical comments below. Existing Infrastructure • Existing infrastructureservesthis development. -An existingstormwaterdrainagesystemtraversesthe property. -Aneight(8) inch diameter sanitary sewermain serves the property. -Utilities exist to serve this property. -Some sidewalk does exist in the area. -Access to this site is from Schotthill Woods Drive. Site Improvements •Storm Water Drainage/Quality Before and after impervious calculations will be needed to verify that there isno increase in impervious area from the site. -Thepavementforthesite is intended to be leftinplace,not disturbed. -Something may need tobedonein regard tothe proximity ofthe existing dumpster in relation to the existingstormwater drainage inletonthe northeast cornerofthesite. -A covered dumpster enclosure or listed maintenance procedures may be needed to keep trash/debris from entering the storm drainage inlet.Pleasenotethison theplans. -Erosion and sediment control will be needed with the final plan. -Showthe existing storm water inletsinEastlandDrive alongthe west portion ofthe site. Sanitary Sewer The development is currently served byaneight(8)inch diameter sanitary sewermainthat traverses the property. Street Access/Parking Access to the site will be as existing, from Schotthill Woods Drive. -Add a noteto remove the existing parking striping shown alongthe eastern side ofthe site. Sidewalk Sidewalk is required andis shown forthe project along both Eastland Driveand Schotthill Woods Drive. Utilities Facilities exist in the vicinity and to serve this development. Site Technical Comments- Change the reference tothe C-1 zoning linealong Schotthill Woods Drive to RS-2. -Note the Schotthill Woods Drive r/w as 60'. -The reference bookandpage of theproperty shouldbeB-409 P-183. -Note the location ofthe site on the Location Map. -Check the drawing scalefor accuracy,some dimensioning doesnot match thescale indicated. PLANNING &ZONING COMMISSION CORRESPONDENCE RECEIVED Case No.P16013 2005 Schotthill Woods Drive October 13,2016 Sender Senders Address How Received Date Received Joe &Mary Halbrook 2007 Fox Trail Email 10/12/2016 Stephen D'Alessandro 2011 Fox Trail Email 10/12/2016 Thomas Fennessey 2008 Fox Trail Email 10/12/2016 Stratman,Anne From:Barron,Eric Sent:Friday,October 14, 2016 8:28 AM To:Stratman,Anne Subject:FW:Public Comments-Planning and Zoning:Case No.P16013 Anne, Please include this email string in the correspondence packet for the CityCouncil. You can replace Mr.Halbrook's prior email (which isat the bottom of the string) with this newer version. Thanks! -Eric- From:Joe Halbrook rmailto:halbrook.ioe@qmail.com] Sent:Thursday,October 13,2016 1:35 PM To:Barron,Eric Subject:Re: Public Comments - Planning and Zoning: Case No. P16013 Thank you for the feedback on some of the "ground rules," Eric. I completely understand. This being the case, I just want to make sure the Commission members at least have the electronic link to the shared folder withthefiles contained init. They should beableto playthe videos ontheirown(I'm hoping). If it will help, I have shorted the URL for the electronic link: http://tinyurl.com/ib5sk7v Not sure if I will see you there this evening, but I'll be there. Thanks again! Joe On Thu,Oct 13,2016 at 1:15 PM,Barron,Eric <HBarron@ieHcitvmo.om>wrote: Hello Joe, I can attempt to make the videos available for play ifyou choose to refer to them during your verbal comments.I don't believe that I'd be able to accommodate any audio. Ultimately, it isthe prerogative of the P&Z Commission Chairas to the conduct of the meeting.I don't believe that it would be an issue as long as there were no technical issues in doing so. I should mention that photos don't necessarily show up wellon the screens of the Council Chambers. They're useful for reference purposes but don't necessarily have the same impact as being viewed on a computer screen. Also, in the interest of time,comments are limited to three minutes.So a presentation that has extensive reference to visuals could easily run afoul of that rule. Sincerely, Eric Barron Senior Planner City of Jefferson 573-634-6419 From:Joe Halbrook [mailto:halbrook.ioe@qmail.com1 Sent:Thursday,October 13, 2016 12:29 PM To:Barron,Eric Subject:Re: Public Comments -Planning and Zoning:Case No.P16013 Thank you, so much,Eric! I have one last question. I have a couple of 1minute videos that I would like to show to illustrate the sound / lighting at this property between 10:55PM and midnight on Saturday night, Oct.1.I just wanted to provide a benchmark for the Commission, so we can be sure they're comparing apples to apples, since noise and lighting are our main concerns. Do you have the ability from your projector to accept VGA input from a device? Ihave an iPhone / iPad and I have a cable that will convert nicely from the Apple lightning port to standard VGA (used on most all laptops and projectors). That would only leave the audio which I can send out the normal earphone port on my device(s)to your audio system. Alternately, here is a link to a shared Google Drive folder with the videos (FileOOl .mov and File_002.mov), which you can play from your preferred device. https://drive.Hooule.com/oncn?id=0BzMFq8OcBfabblFfUnNNRGxPWFE If it's not possible to play them at the meeting, this evening, please include this email in your documentation to the Commission members. Thank you, in advance,Eric. Joe On Thu,Oct 13,2016 at 8:37 AM,Barron,Eric <HBarrontcT>icHeitvmo.oru>wrote: Thank you for your pictures.They will be printed and distributed to the Planning and Zoning Commission at tonight's meeting.We will also make them available to be placed on the overhead screen during the meeting ifyou are wanting to reference them while giving verbal comments. Sincerely, Eric Barron Senior Planner City of Jefferson 573-634-6419 From:Joe Halbrook \mailto:halbrook.ioe@qmail.com1 Sent:Wednesday,October 12,2016 4:59 PM To:Stratman,Anne Subject:re:Public Comments - Planningand Zoning: Case No.P16013 Pleasefindthe attachmentsthat wewouldliketo enterintothe officialrecordandcopiedanddistributedto the Commission members prior to the meeting on Thurs. Oct.13 at 5:15PM. Thank you very much. Joe &Mary Halbrook 2007 Fox Trail Jefferson City, MO 65101 Comments from Joe & Mary Halbrook, 2007 Fox Trail, Jefferson City, MO 65101 In regards to Planning & Zoning Commission Case No.PI6013 CAC Real Estate, 2005 Schotthill Woods Drive -Preliminary PUD Plan Amendment Dear Commission members, Thank you for allowing us to voice our input regarding the matter of demolishing the Pizza Hut and building a Taco Bell restaurant at the cited location. Our property, located at 2007 Fox Trail, is directly south and adjacent to the proposed site. Our master bedroom, living room, and kitchen is approximately 150 feet from the proposed drive through lane. Our rear property line is approximately 70 feet from the proposed drive through line. We are thus uniquely qualified to express our concerns regarding this proposal. Our concerns are strikingly similar to statements made by the public residents in a planning and zoning decision in Rockville,Maryland in March 2006 regarding a planned Taco Bell restaurant to be built directly adjacent to their residential neighborhood.That case decision was to deny the proposal,and can be found here: https://www.montgomervcountvmd.gov/OZAH/Resources/Files/pdf/reports/s-2642.pdf The concerns of my wife and myself,as you will see our neighboring residents share, is that the planned drive though restaurant is in very few ways "similar"to the existing Pizza Hut restaurant that occupies this location. 1.Drive Through Lane. This statement in the Staff Recommendations is actually erroneous: "Staff recommend approval of the Preliminary PUD Plan Amendment.The proposed use of the property is similar to the existing restaurant with drive through lane, and is an appropriate land use considering the location of the property on Eastland Drive ..." Pizza Hut does not have a "drive through lane". It has a "pickup window"on the north side. There is a vast difference in the two, from a land use perspective.That pickup window is used only a handful of times each day,does not employ an ordering station with loudspeaker, does not require a long series of vehicles waiting for intervals of time, and is never used beyond midnight on any given day.The very nature of the existing business is to deliver their products to their customers who prefer not to dine inside.This is totally different than the proposed business. The proposed drive through lane will be used continuously day and night,employs an ordering station with loudspeaker which faces our residential area, will be frequented by lines of vehicles waiting for intervals of time, and will be used very late into the night - in fact, intothe early-morninghours. Weare especiallyconcernedwith:a) the sounds of employee /customer interactions from the ordering station facing south (or even west)toward our residence,b)vehicle noise and exhaust fumes,c) loud audio noise from vehicles,which is a major concern,d)cigarette smoke pollution,and e) verbal noise within vehicles. The proposed use would be so close to our nearby homes that the residents could be adversely affected by noise, traffic,headlights,exhaust fumes, food odors, trash, and other potential undesirable activity, especially related to the drive-through. For this unique situation, where a residential neighborhood is located only 150 feet away, we oppose this proposal as an inappropriate land use considering the location of the property on Eastland Drive. 2.Loitering and Noise Nuisance Please see Chapter 21 of the Jefferson City city code regarding Noise Disturbances (attached). This has already become contentious due to loitering and loud music from the Pizza Hut and areas east of Pizza Hut late at night and into the early morning hours. I have reported it many times to the Jefferson City Police Department,which should be on record. It is well-known and documented that there is a subset of people who frequent "fast food" restaurants such as this proposed restaurant between the hours of 10:30PM and 3:00AM who are people that will not enhance the "quality of life" within our neighborhood.Many times (and all it takes is once on a given night to disturb/deprive nearby residential citizens of sleep) the exhaust noise, audio noise, and speedy abrupt entries and exists onto Schotthill Woods easily constitute violations of these city codes stated in Chapter 21.Are we to incur even more incidents, resulting in our need to repetitively call the police simply for only- temporary resolution?This is unacceptable to our residents. This area's parking lots are already problematic for late night and early morning loitering and questionable activity.Without nightly complaints from residents,the police do not sufficiently prevent noise disturbances from these areas (marked No Loitering) where groups of people congregate,possibly even including illegal activities,as well. We simply don't want people like this in our neighborhood.We feel this proposed restaurant will only contribute to these disturbances and violations of city codes. 3.Lighting According to the PUD Preliminary Plan, it appears that lighting will be increased substantially compared to the existing lighting utilized by Pizza Hut. The lighting employed currently is directed downward and only within the perimeter of the parking lot, itself. Is the lighting of the proposed Taco Bell designed in a similar fashion? Please see the attached photos of the lighting in the area currently. Additional concerns are the glare of headlights from vehicles parking on the south side of the actual building. Those will glare right into our living room, kitchen, and master bedroom - at all hours of nightly operation. Currently, that rarely happens after 10:00PM at the Pizza Hut restaurant.Will this be "similar"with the proposed restaurant? 4.Greenery and Lack of Noise Barrier The proposed addition of a single tree on the south side of the restaurant will hardly offer any substantial sound or lighting barrier.In our opinion,the fence barrier installed on the existing PUD lot on the southeast corner of Schotthill Woods and Eastland provided no effective sound barrier. No greenery was planted along that lot to provide or enhance a sound barrier. This is unacceptable,and certainly contributes to an inappropriate land use considering the location of the property on Eastland Drive. 5.Hours of Operation The existing Taco Bell restaurants in Jefferson City operate as late as 3:00AM (drive- through)on Friday and Saturday,2:00AM (drive-through)Sunday through Thursday.Late after-hours trash disposal and cleanup will only contribute to noise disturbances.This is not "similar"to the hours of operation of the existing Pizza Hut. In fact, to my knowledge,no other business from Schotthill Woods to Highway 50/63,other than McDonald's which is a full block away,has ever operated beyond midnight. We feel that the proposed business,with its excessive hours, will draw an undesirable,late night element to this reasonably quiet area. Again, this is well beyond the norm, and contributes to an inappropriate land use considering the location of the property on Eastland Drive. 6.Additional Traffic During evening hours,the traffic currently backs up from Bald Hill Rd.nearly to Elm St. at times.(Please see the attached photo.)With people stopping at this proposed restaurant on their way home from work,that problem will only exacerbate.This will result in very long lines of (frustrated)traffic attempting to exit from Schotthill Rd.south onto Eastland. Again,to my bullet points 2. and 4. above, the vehicle noise and exhaust,vehicle audio noise, cigarette smoke pollution,trash, etc. will only substantially increase. 7.Real Estate Property Values If you owned property in the nearby neighborhoods,do you feel your real estate property value would increase or even the ability to sell your property could be enhanced as a result of this proposed restaurant?Is this not a consideration in appropriate land use? 8.Overall Quality of Life We hope you will reasonably understand that the quality of our lives will in no way be enhanced by this proposal,regardless of any concessions that would be made. The conditions I described cannot be reconciled to a degree that our residents would characterize as ambient and acceptable. On the home page of the Jefferson City Planning &Zoning Division, the first sentence states: "Our Purpose:To contribute to the quality of life in Jefferson City through land use planning and administration of development codes." We are counting on our city's pledge and commitment not to decrease the quality of life in our neighborhood.It is our wish that you not approve the development of this restaurant.It will only adversely affect the quality of our lives, as illustrated by the above concerns.It will draw an undesirable element to our east side area that will only contribute to increased problems for the City of Jefferson. We respect that our concerns uniquely hold weight and your consideration in lieu of the consequences. We are completely opposed to the building of this new restaurant or any other business that does not operate in a very "similar"fashion than the existing Pizza Hut business at 2005 Eastland Drive. Submitted:Oct.12,2016 Joe &Mary Halbrook 2007 Fox Trail Jefferson City, MO •-.^ • -.:• f9> i*r>'• . .-•.•r*> H • 3-",zfc [_ll4i i I .PVi*sc j �f .fi 3 ;x f h `. �y � . � d}$ � ! �' ti,. � ��; ..,,� . � �, � _ ,( Iy�`{1 ��'YAJ� 1BO� p � � w�rM1isluF u -i- ...I " �.i � Y A.�. .� � � - «; Y �' pl||||E M'•<fc.v««a**s^i^eSB--•s£&ths.v; :'-«r .•' tarn •*S*5fy .<.• "'••'••M:•• r •I,.-•-•.•' ARTICLE VII.NOISE GENERATION REGULATIONS Sec.21-110.Nuisance declaration. it is.found and declared thai: A.The making ww!creation of excessive,unnece^ry o*unusually loud noises within the limits of the City of Jefferson is a condition wfiich has h\mk4 for souw time and iIn;extent ami volume of such noises is increasing. B.The making,creation,or maintenance of such excessive,unnecessary,or unusually loud noises which are prolonged,unusual,and unnatural in (heir time,place,and use affect anil are a diriment to public health, comfort,convenience,safety,welfare,and prosperity and the peace and quiet of the City of Jefferson and jijs inhabitants. C.The necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted, is declared asa matter o^'legislative determination and public policy,and it ss further declared lhat the provision*and prohibitions hereinallcr contained and enacted are m pursuance of and for the purpose of securing and promoting the public Health,comfort,convenience,safety,welfare,and prosperity and the peaceandquietof theCity of Jefferson and tts inhabitants. D.It shallhe unlawful lor any person to make,conlinue.or cause to be made or continued any excessive, unnecessary,raucous,or unusually loud noise which terms shall mean any sound which,because ofits volume level,duration and character,annoys,disturbs,injures or endangers the comfort,health,peace,or safely of reasonablepersonsof ordinarysensibilitieswithinthe limits ofthe city. Six.21-111.Motor Vehicle maximum levels Notwithstanding any other provisionof this antcle,the foliowins noises emanating from motorvehiclesshallbe a violation of this article. A.Horn.".,Signaling Devices,etc.•The sounding of any hum or signaling device onany motor vehicle on any stT-cel or public place of the city,except as a danger wanting,the creation by means of any such signaling deviceforan unnecessary and unreasonable period of rime. B,rixhaustii -The discharge intotheopenairof the exhaust ofany stationary internal combustion engine v&ccpl through a muffler orother device which will effectively prevent loud or explosive nobes therefrom t\Detect in Vehicle or Load- The use of any motor vehicle so out ofrepair,so loadedor tn such manner as to create loud and unnecessary grating,grinding, rattling or other noise. D.Automobile audiosystems-The using,operating,or permittingto be played ofany audiosystem ofany- automobile beingoperatedoffprivate property whichisplainlyaudibleat a distance of fifty(50)feet from the vehicle. Rev.WS22/2M5 Svc.21-112.Reserved. See.21-1LV Specifications The City hereby adopts Ihe American National Standard. Specification for Sound Level Meters. ANSI SI.4-W71 {R 1976),published by the American National Standards Inslitule.Inc.The provisions of thatstandard shall becontrollingand shall be the specification for sound levelmeters wdhtn the jurisdictionalarea ol'theCity. Sec.21-114.Calibration The sound level meter shall be maintained at calibration and good working order. A calibration check shall be made of the svstcrn at the time of anv noise measurement. Sec.21-115.Measurement of noise. The followingprovisions regulate noise generation by any use or occupant within a specific zoning district: A.Scale.All noise measurement shall be measured in units of the frequency-weighted sound level {dR<A)], in accordance with the American National Standards Institutespecifications for sound level meters. B.Point of Measurement.Sound level measurement for all districts shall be taken 50 fec\from the source of the noise and nocloser than five feet fromany wall.Ihe maximumsound levels shall be the levelsat point of measurement. I Instrument of Mcamrerm-tu Measurements shall be made with u sound level meter maintained at calibration and good working order. Sec.21-116.Maximum permitted sound levels. A.Snund lewis.Hxhibit 21-116.A&B displays the maximum permitted sound levels generated by uses or occupants in specific zoning districts,taken at the point of measurementset forth in thesection above. for W 22-2015 2123 Exhibit 21-H6.A Hours of Operation Zoning District Adjacent to Measured Use Sunday through Thursday Commercial &Industrial Residential Dayiime:7:00a.m. to 8.59 p.m.SfldB(A>6ftdB4A) Nighttime:9:00 p.m. to 6:59 a.m.75dB(A>55dB{A) Exhibit 21-116.B Hours of Operation Zoning District Adjacent to Measured Use Friday &Saturday Commercial &.Industrial Residential Daytime:7;O0 a.m. to %59 p.m.M)dB(A)6WBIA) Nighttime:I0;00 p.in,to o;59 a.m.?5dB(A>55dB(A) B.Ambient noixe.If the ambient noise level measurement exceeds the maximum permitted sound level,the maximum permitted soundlevel shall be increased to equal the ambient noise level. C.Exemptions.Tlic followmg usesand activities shall not be considered m determining compliance with these standards and shall be exempt from these regulations: 1.Noisesemanatingfrom construction and maintenance activitiesbetweenthe hoursof 7:00 A.M. and 10:00 P.M. 2.Noise of safetysignals,warning devices,oi emergency pressure relief valves. 3.Transient noises from moving sources,including automobiles,trucks,airplanes*and railroads. 4. Activities conducted on public parks 5. Activitiesconducted by churches,publicor privateschools upon their properly. ».Outdoor events,provided such events are conducted pursuant toan appropriate license or permit issued by the proper city dcpartinent. 7.Noise from any construction or maintenance activity performed between tltc Hours of 10:00 PM and 7 00 AM.when approved by thecity administrator,andhasa copy of tin:permitto provide toany lawenforcement officer inquiring ofa noise violation. S.Occasional household maintenance activities utilizing powcT equipment includingbutnot limited lo lawn mowers,clminsaws,snow blowing,a lwrnc generator and power washer. Noises from agricultural activities conducted on property property utilized for agricultural 10. Rev.W/22.-2015 activities. Noise from a business who has been granted a variance,and has a copy of the variance to provideto anylaw enforcement officer inquiring ofanoise violation. 2124 S*c.21-117,Request*for Variance. A Variance Procedures.A person may seek a variance to increase the maximum allowable levels from strict application of Article VII by filing an application for a variance to the Board of Adjustment, The applicant shall document all actions taken to comply wiih these performance standards and shall stale the reasons why he'she is unable to come into full compliance. B.Criteria Jar Variances In acting upon an application lor a variance,the Bourd of Adjustment shall consider the following criteria 1.The degree of nuisance caused by the violation. 2. The uses of surrounding properties affected by the violation. .3.The amount of time requited to study the violation and increase the level of compliance. 4. Economic considerations*including sin analysis of costs nnd benefits produced by full compliance. 5. The health,safety,and welfare of the public. 6.Compliance with the levels creates an actual hardship. Sec.21-118.Penalties Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanorand upon conviction thereof sliall be fined in any amount not exceeding Five Hundred Dollars (S500.00).or be imprisoned in the City or County jail lor a period not exceeding six (("»)months,or by both such fine and imprisonment.Each day such violation is committed or permittedto continue shall constitute a separate offense and shall be punishable as an offense. Violations of this ordinance shall he prosecuted in the same manner as other violations of the City's code. Sees.21-119 and 21-120.Reserved Sec.21-121.Severability. It is the intention of the Ciiy Council that each separate provision of this ordinance shall be deemed independent of all other provisions herein, and it is further the intention of the City Council that if any provision of this ordinance be declared to be invalid, all other provisions thereof shall remain valid and enforceable. tOrd.No 12573.tjl,1-21-97;Qui No 14829,$12.R-I.20I I;Ord.No 15033.ijl.11 5-2012) Rev.M22-2015 2125 Stratman,Anne From: Sent: To: Cc: Subject: Barron,Eric Thursday,October 13,2016 8:33 AM 'stephen.a.daiessandro@gmail.com' Stratman,Anne RE:Case No.P16013 -2005 Schotthill Woods Drive Thank youforyourcomments.They will be printedand distributedto the Planning and Zoning Commission at tonight's meeting. Sincerely, Eric Barron Senior Planner City of Jefferson 573-634-6419 From:Stephen rmailto:stephen.a.dalessandro@qmail.com] Sent:Wednesday,October 12,2016 6:15 PM To:Stratman,Anne Subject:re: Case No. P16013 -2005 Schotthill Woods Drive Greetings, Attached please find my written comments tobe distributed tothe Commission members prior tothe 10/13/2016 hearing on the above-referenced matter. Many thanks, Stephen D'Alessandro 2011 Fox Trl Jefferson City, MO 65101 573-690-3085 This email has been scannedby the Symantec Email Security.cloud service. Formore information please visit http://www.svmanteccloud.com City of Jefferson Department of Planning and Protective Services Attn:Eric Barron Re:Case No.P16013 -2005 Schotthill Woods Drive - Preliminary PUD Plan Amendment Dear Commission members, I have receivednoticeofthe hearingon this matter andthe invitation to provide mywritten comments. Asa resident of Fox Trl,this letter serves as myformal written opposition to the proposed Preliminary PUD Plan to build a new food service establishment (Taco Bell)with a drive-through window, located at 2005 Schotthill Woods Drive. The staff recommendation for the Preliminary PUD Plan states the use of the property issimilarto the existing restaurant with the drive-through lane.I feel this description is disingenuous as the current restaurant (Pizza Hut)operates a pick-upwindow and terminates operation at 12:00 a.m. Thisisvastly different from a restaurant with an order box, much higher number of vehicles queuing and an operating time that terminates at 2:00 a.m. or 3:00 a.m. The two establishments cannot reasonably be considered similar in nature. A drive-through restaurant is not suitable for this particular area as it infringes on the residential area to a far greater degree than the current restaurant.While I understand the Commission doesn't believe they can dictate the establishment's operating hours,drive-through service operating until 2:00 or 3:00 a.m.would undoubtedly be disruptive to nearby residences. The plan does not sufficiently address the increased vehicle,customer and radio noise that willbe heard on our residential street,particularly between the hours of 12:00 a.m. and 3:00 a.m. The proposed buffer isinsufficient. The combination of proximity,the nature of the business and very limited buffering is unreasonable.The levelof activityassociated with a drive-through restaurant open until 2:00 a.m.seven days a week can only meet the level of noise leading to unacceptable nuisance standards. The plan proposes ten trees as a buffer. Consideringthe length of the south side of the property, it is unlikely trees would do anything other than provide a partial visual buffer. Itwould do nothing to prevent vehicular,customer and radio noise that can likelybe expected to violate noise standards found in Section 21-111 of the Cityof Jefferson Code. At minimum, a stronger buffer preventing negative visual and audible effects such as a dense row of evergreen trees would be expected. The property linefrom the closest residential homes isless than 100 ft. from the proposed drive- through entrance.While the order/speaker box is not to face residential homes (SpecificUse Standards, Sec. 35-41, B.,8., h.), it does not mitigate noise from vehicles queued in line,the customers or their music.The proposed use would attract significantly more traffic and noise to the edge of a residential neighborhood at a time when most people are sleeping.Additionally,Taco Bell insidediningareas are typically open until 11 p.m. Noisefrom after-hours parking lot loitering is a significant concern.Noise from groups of individuals loitering, car engines and car radios can easily be heard because of the close proximity. The PUD plan appears to propose an underlying C-1zoning designation.Under Exhibit25-38 LandUses Authorized in Zoning Districts,itappears that itis normally not permissible to havea drive-through food service establishmentin C-1 zoning.However,the plan appearsto provide an exception for drive- through service.Under "General Notes"onthe PUD itstates:"On underlying zoning district of C-1 Neighborhood Commercial isestablishedforthe purposesof determining permitted useswiththe additionof drive through restaurant asa permitted use."Although itappearsthe proposeduse complies with specific standardsasdeterminedbythe Commission,it should not implicitly createa presumption that useis always compatible with nearby properties.This is especially concerning asour residential street is within 100 meters of the establishment. The proposed restaurant will send traffic onto Schotthill Woods Drive until at least 2:00 a.m.,seven days a week. The rate of cars per hour isnot addressed inthe plan;however, based on the Taco Bell location located on Southwest Blvd,the rate of 20cars per hour isa reasonable estimation. Abusinessthat operatesaslateas3 a.m.on weekends,with cars queuing for extended periods oftime waiting on drive- through service doesnot belong so close to a residential street inorderto protect residents andthe neighborhood. Additionally,the proposed restaurant entrance/exit Is atan intersection that lacks a traffic light.It can be anticipated that increased traffic willcross that intersection to enter and exit the restaurant.Traffic on this road is already quite heavy during morning and evening drive times.Entering when traveling southboundor exiting southbound will create more traffic queuing on Schotthill Woods Drive,than already exists anda dangerous atmospherefor vehicles attemptingto onto Eastland Drive.I assume a traffic studyhasbeen,or will be conducted to determine the full effects ofthe proposed restaurant to the intersection. ATaco Bell restaurant is not suitable forthis particular location andthe request should notbe approved. Theplanproposesa newand significant revision to the useofthe existing space. The drive-in natureof the restaurant operating at such late hours willbringundesirable noise and should not be forced into our neighborhood because ofafast food restaurant.Another typeof business forthe property would be moresuitable considering the residential natureofthe area.I strongly urgethe Commission recommend to the City Council that the application be denied. Thank you forthe opportunity to provide written comments prior tothe hearing on October 13,2016. Sincerely, Stephen D'Alessandro 2011 FoxTrl,Jefferson City, MO 65101 (573)690-3085 Stephen.a.dalessandro@gmail.com Stratman,Anne From:Barron,Eric Sent:Thursday,October 13, 2016 8:31 AM To:'tomnlinda@aol.com' Cc:Stratman,Anne Subject:RE:Case No. P16013 Thank you for your comments.They will be printed and distributed to the Planning and Zoning Commission members at tonight's meeting. Sincerely, Eric Barron Senior Planner City of Jefferson 573-634-6419 From:Tom 8i Linda Fennessey fmailto:tomnlinda(5)aol.coml Sent:Wednesday,October 12,2016 11:01 PM To:Stratman,Anne Subject:Case No.P16013 To:Jefferson City Planning and Zoning Commission From:Thomas Fennessey,2008 FoxTrail,Jefferson City, MO 65101 Subject:Case No. P16013 - 2005 Schotthill Woods Drive-Preliminary PUD Plan Amendment Date:October 12,2016 I am providing comments tonight to express my concerns regarding this matter.I have resided at the above address on FoxTrailfor almost 20 years.FoxTrail is a small cul-de-sac with 5 single family homes located immediately to the south of the location of the proposed PUD plan amendment.It is a quiet and friendly neighborhood of families who have lived here from less than 1 year to almost 20 years.The existing PizzaHut has been located below us on Schotthill Woods Drive since before all the current residents on Fox Trail moved in. While my residence is located on the south side of Fox Trail,the houses on the north side of FoxTrail overlook the proposed plan amendment with minimal buffer between them and Schotthill Woods Drive.Currently,the existing Pizza Hut is a dine-in facility.However,it does have an exterior pick-up window to facilitate carry-out business. Pizza Hut's hours of service are currently from 11AM-11PM on Su-Th and from 11AM-12AM on F-Sa. Pizza Hut has always been a good neighbor and with those hours it has had minimal negative impact (noise and light pollution issues) on the adjacent residential areas.The plan amendment callsfor removal of the existing Pizza Hut facilities and construction of new Taco Bellfacilities. Hours of service at both existing Taco Bellsin Jefferson City are currently from 6:30AM-2AM on Su-Th and from 6:30AM-3AM on F-Sa.Taco Bell isobviously more of a fast food facility than Pizza Hut.While maintaininga dine-in facility,a new Taco Bell would rely significantly on drive through business with extended hours of service. Therefore,the obvious concern is that increased traffic and extended hours willbringwith it increased negative impact (noise and light pollution)on the adjacent residential areas. Residential neighbors are concerned that they willbe hearing "Welcome to Taco Bell"as the drive through serves customers late in the night and early in the morning.Additionally,with the anticipated increase in traffic volume and late night activity,there is concern about additional traffic noise and the increased potential for late night illegal activity. It is obvious that this proposed plan amendment is being done in the hope of benefitting the owner of the existing Pizza Hut property.Out of fairness,I tried to think about potential benefits to adjacent residential property owners but really could not think of any except that someone might like Mexican fast food over pizza. While the actual impacts of any changes both negative and positive would not be known until sometime in the future,I wanted to express my concerns now for all to consider.If the negative impacts identified above do occur,they will be dealt with in the future by increased police activity in the area and if unresolved will potentially negatively impact adjacent residential property values after the fact. In closing,I would ask the commission members if they were adjacent homeowners what positive and negative impacts that they would see.I would also ask the owner of this existing Pizza Hut property the same question.In doing so I would be hoping to encourage the search for a potential plan amendment with win-win potential for all property owners involved. This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http://www.svmanteccloud.com 2005 Schotthill Woods Drive Preliminary PUD Plan Amendment Correspondence Received After Planning and Zoning Commission Meeting Sender Senders Address How Received Date Received Joe Halbrook 2007 Fox Trail Email 11/11/2016 Harry and Linda McEntire 2011 Fox Trail Website Email 11/11/2016 Barron, Eric From: McMillan, Janice Sent: Monday, November 14, 2016 9:10 AM To: Crowell, Steve Cc: Moehlman, Ryan; Powell, Phyllis; Barron, Eric Subject: RE: 2005 Schotthill Woods proposal for a Taco Bell restaurant Phyllis, We will include the below email in the November 21 Council meeting packet. Jai,lc McMaIaw, AI CP Director, Department of Planning & Protective Services City of Jefferson, Missouri 320 E. McCarty St. Jefferson City, MO 65101 Email imcmillan@ieffcitymo.org Direct 573.634.6424 Main 573.634.6410 http://www.ffieffersoncitymo.gov/ From: Crowell, Steve Sent: Saturday, November 12, 2016 6:20 AM To: McMillan, Janice Cc: Moehlman, Ryan Subject: Fwd: 2005 Schotthill Woods proposal for a Taco Bell restaurant Fyi Sent from my Verizon Wireless 4G LTE smartphone -------- Original message -------- From: "Tergin, Carrie" <CTergin(a)jeffcitymo org> Date: 11/12/2016 12:21 AM (GMT -06:00) To: "Crowell, Steve" <SCrowellna jeffcitymo.or> Subject: FW: 2005 Schotthill Woods proposal for a Taco Bell restaurant Steve, This must be the neighbor she was referring to in the previous e-mail. I will get in touch with Joe. Thanks, Carrie Carrie Tergin, Mayor 573-230-7645 CTergin01jeffci1ymo.org From: Tergin, Carrie Sent: Saturday, November 12, 2016 12:20 AM To: Joe Halbrook Subject: RE: 2005 Schotthill Woods proposal for a Taco Bell restaurant Joe, Thank you for the e-mail, I also got the note at the Hallmark store, sorry I missed you. I will plan to give you a call soon, and my cell is 573-230-7645 so feel free to call me also and we can talk further. Thank you, Carrie Carrie Tergin, Mayor 573-230-7645 CTerain(d)jeffcitymo.org From: Joe Halbrook [halbrook.joe@gmail.com] Sent: Friday, November 11, 2016 1:02 PM To: Tergin, Carrie Subject: re: 2005 Schotthill Woods proposal for a Taco Bell restaurant Hi Carrie, My deepest apologies. I left an envelope up at the Hallmark store for you on Friday (Nov. 11). I know that was tacky - I was hoping to see you in-person. I know we've talked before; I asked you about how George was doing these days, the last time we spoke at your store. Carrie, I hope you will meditate on this proposal and what I said in the document I left in the envelope for you about not having all the facts necessary to vote for it's approval. We are already having noise disturbances in this area. I've had to personally contact the police department numerous times late at night because of the loitering in the nearby parking lots. Those annoying bass stereos pounding into the wee hours of the morning, literally rattling the paintings on our walls. All the neighbors are disturbed by what he have here, already. I can't imagine what this proposed restaurant will result in, into all hours of the night while we're trying to sleep. It's simply not right, Carrie. And the zoning exception for the drive-through has utterly astounded all of us. There's simply no rationale for why they would approve something like that literally 60' from a residential property line! No place else in our city is this allowed. This is going to set a very bad precedent, if it's approved. We're all for having a good neighbor like Pizza Hut has been. (I'd like to think they could figure out why their profits are down, and fix that problem, instead!) But allowing a restaurant of this nature into an area adjacent to an established residential neighborhood is just not an acceptable land use - even by the City's own stated rules. There's no other way to state it. It will diminish our East side neighborhood to the point we will all have to flee the homes we have spent many years building and making our own. If you have any opportunity to speak with the other councilman / councilwoman on this matter, we are placing our hopeful and optimistic trust in you, Carrie. This is not going to end well, we know. Here's a shortened link to the photos and a couple of short videos I took on a Saturday night (Oct. 1) to illustrate the relative peace we currently have. There are also photos in this list that illustrate the traffic flow issues we have here in the evenings. I hope you will take a look at those. http://tinyprl.com/PUDtaco If you would like to meet in person to talk about this more, I would certainly welcome that. Please call, text, or email me any time, Carrie. Sincerely, Joe Halbrook, 2007 Fox Trail, Jefferson City, MO 65101 (573) 690-4618 halbrook. j oeggmail.com This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http://www.symanteccloud.com Barron, Eric From: McMillan, Janice Sent: Monday, November 14, 2016 9:09 AM To: Crowell, Steve Cc: Moehlman, Ryan; Powell, Phyllis; Barron, Eric Subject: RE: ***EMAIL SENT THROUGH WEBSITE*** Phyllis, We will include the below email in the November 21 Council meeting packet. ,ja� McM ala w, AICD Director, Department of Planning & Protective Services City of Jefferson, Missouri 320 E. McCarty St. Jefferson City, MO 65101 Email imcmillan(@ieffcitvmo.or Direct 573.634.6424 Main 573.634.6410 http://www.meffersoncitymo.gov/ From: Crowell, Steve Sent: Saturday, November 12, 2016 6:22 AM To: McMillan, Janice Cc: Moehlman, Ryan Subject: Fwd: ***EMAIL SENT THROUGH WEBSITE*** Fyi Sent from my Verizon Wireless 4G LTE smartphone -------- Original message -------- From: "Tergin, Carrie" <CTergingieffcitymo.org> Date: 11/11/2016 10:49 PM (GMT -06:00) To: "Crowell, Steve" <SCrowell(c,ieffcitymo.org> Subject: FW: ***EMAIL SENT THROUGH WEBSITE*** Steve, This is from the same person that I just forwarded to you, just FYI. Thanks, Carrie Carrie Tergin, Mayor 573-230-7645 CTerginCabjeffcitymo.org From: MayorObjeffcitymo.org [Mayor@jeffcitymo.org] Sent: Friday, November 11, 2016 8:56 PM To: Tergin, Carrie Subject: ***EMAIL SENT THROUGH WEBSITE*** Name = Harry and Linda McEntire Address = 2001 Fox Trail Address _Line _2 = City—Town = Jefferson City Stat—Prov = MO Zip Code = 65101 Phone = 573-690-5191 Email = Omcentire(u,embargmail.com Comments = Mayor Tergin, it seems as though one person in our neighborhood is doing the majority of the complaining regarding Taco Bell off Eastland and they are not speaking for everyone. There are a few neighbors who do not object to having Taco Bell in our neighborhood. The back side of our house looks directly at this property and we are not worried about the lights or the drive through speaker. We were aware of the businesses and the traffic when we moved here a little over nine years ago. Thank you for the work you do for our city. This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http://www.symanteccloud.com Reconsideration of Bill No. 2016-67 2005 Schotthill Woods Drive Preliminary PUD Plan List of Attachments: A. Applicant Letter B. December 14, 2016 Neighborhood Meeting Letter c. Adjoining Property Owner Letter D. Property Owner List E. Notification Map F. Correspondence received from Ken Thereoff, President/CEO, Jefferson Bank NOTICE OF PUBLIC HEARINGS ON PLANNING AND ZONING MATTERS The City Council of the City of Jefferson, Missouri, will hold public hearings on the following planning and zoning matters on Monday, December 19, 2016 at 6:00 p.m. in the Council Chamber of the John G. Christy Municipal Building, 320 East McCarty Street, Jefferson City, Missouri. 1. 2005 SCHOTTHILL WOODS DRIVE – PRELIMINARY PUD PLAN AMENDMENT FOR DRIVE THROUGH RESTAURANT (Reconsideration of the November 21, 2016 vote on Bill 2016-67 by the City Council, by motion adopted November 28, 2016 pursuant to Jefferson City Code Section 2-236): Part of Lot No. 60 of Schotthill Woods Subdivision, Section 2, as per plat of record in Plat Book II, Page 324, Cole County, Missouri, more particularly described as follows: Beginning at the southwesterly corner of said Not No. 60; thence North 04 Degrees 07 Minutes 28 Seconds West along the westerly line of said Lot No. 60, 159.31 feet to the southwesterly corner of Lot No. 59 of said Schotthill Woods Subdivision, Section 2; thence North 85 Degrees 52 Minutes 32 Seconds East, 210.46 feet; thence South 01 Degrees 23 Minutes 24 Seconds East, 178.94 feet to a point on the southerly line of said Lot No. 60; thence westerly along the southerly line of said Lot No. 60, in a curve to the left, having a radius of 322.90 feet, an arc distance of 112.57 feet; thence south 85 Degrees 52 Minutes 32 Seconds West along the southerly line of said Lot No. 60, 91.61 feet to the beginning point of this description. Containing 0.77 acres, more or less. 2. 612 BROADWAY STREET – REZONING 0.17 ACRES FROM RA-2 HIGH DENSITY RESIDENTIAL TO C-2 GENERAL COMMERCIAL AND AN ASSOCIATED COMPREHENSIVE PLAN AMENDMENT DESIGNATING THE AREA AS COMMERCIAL: Lot 12 of a Subdivision of Inlots numbered 788, 789, 791, 793 and 794 in the City of Jefferson, Missouri, fronting 49 feet 8.25 inches on Broadway and running back 150 feet to a private alley. 3. 617, 619, 621, AND 623 EAST CAPITOL AVENUE – REZONING 0.86 ACRES FROM C-1 NEIGHBORHOOD COMMERCIAL TO PUD PLANNED UNIT DEVELOPMENT AND PRELIMINARY PUD PLAN TO UTILIZE THE EXISTING BUILDINGS AS A MIXED USE ART AND ENTERTAINMENT COMPLEX : All of Inlot 137, in the City of Jefferson, Missouri; and, The Easterly part of Inlot No. 136, in the City of Jefferson, Missouri, more particularly described as follows: Beginning at the Southeasterly corner of said Inlot; Thence Westerly along the Southerly line thereof, 57 feet 10.5 inches; thence northerly parallel with the Easterly line of said Inlot, 198 Feet 9 inches, to the Northerly line thereof; thence Easterly along the said Northerly line, 57 feet 10.5 inches, to the Northeasterly corner of said Inlot; thence Southerly along the Easterly line thereof, 198 feet 9 inches, to the point of beginning; and, Part of Inlot 136, in the City of Jefferson, Missouri, more particularly described as follows: Beginning at a point on the Southerly line of said Inlot No. 136, a distance of 20 feet Easterly from the Southwesterly corner thereof; thence easterly along the southerly line of said Inlot, 26 feet 6 inches; thence Northerly parallel with the Westerly line thereof, 198 feet 9 inches, to the Northerly line of said Inlot; thence Westerly along said Northerly line, 26 feet 6 inches; thence Southerly parallel with the Westerly line thereof, 198 feet 9 inches, to the point of beginning. 4. 1140 BOONVILLE ROAD – PRELIMINARY PUD PLAN AMENDMENT TO CONSTRUCT A GARAGE/WORK SHOP: Lot A of Replat of Somerset Meadow, per Book 12, Page 253, Cole County Recorder’s Office. Contain ing approximately 3.78 acres. 5. 310 AND 312 W. ELM STREET – REZONING 0.12 ACRES FROM C-2 GENERAL COMMERCIAL TO RA-2 HIGH DENSITY RESIDENTIAL: Part of Inlot 686, in the City of Jefferson, Missouri, more particularly described as follows: Beginning at the No rtheasterly corner of said Inlot; Thence Southerly along the easterly line thereof, 140 feet, to the beginning point of this description; thence westerly parallel with the northerly line of said Inlot, 140.38 feet to the westerly line of said Inlot; thence northerly along the westerly line, 47.96 feet, to the southwesterly corner of Lot 3 of proposed Inlot 686 Subdivision, thence North 49 degrees, 11 minutes, 23 seconds West, 104.4 feet, along the southerly line of said Lot 3, to the easterly line of said Inlot and the southeasterly corner of said Lot 3; thence southerly, along the easterly line of said Inlot, 50.95 feet, to the beginning point of this description. Being all that part of lots 1 and 2 of proposed Inlot 686 Subdivision currently zoned C-2 General Commercial. Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Please call (573) 634-6410 with questions regarding these matters. Phyllis Powell, City Clerk, City of Jefferson, Missouri P.T. - Friday, December 2, 2016 For contact information only. Department of Planning and Protective Services/Planning Division 320 East McCarty Street, Room 120, Jefferson City, Missouri 65101 Contact: Anne Stratman or Janice McMillan Phone (573) 634-6475 Fax (573) 634-6457 Citv of Jefferson Department of Planning & Protective Services 320 E. Mccarty St. Jefferson City, MO 65101 November 30, 2016 Chris McCrea 9102 N Meridian Street, Suite 230 Indianapolis, IN 46260 CAC Real Estate 5877 SW 29th Street Topeka, KS 66614 RE: City Council Bill 2016-67 (P&Z Case No. P16013) 2005 Schotthill Woods Drive Bill Terry Carrie Tergin. Mayor Janice McMillan, AICP, Director Phone: 573-634-6410 Fax: 573·63~6457 Weihe Engineers 10505 College Avenue Indianapolis, IN 46280 Duane Schreimann Schreimann, Rackers & Franka, LLC 931 Wildwood Drive. Suite 201 Jefferson City, MO 65109 Preliminary PUD Plan to construct a 2200 sf restaurant with drive through lane This letter is to notify you that the City Council of the City of Jefferson has voted to reconsider the Council Bill associated with the above referenced case, which failed to pass at the November 21. 2016, City Council Meeting. The vote for reconsideration is made pursuant to City Code Chapter 2, Section 236. A public hearing will be held prior to vote on the bill. The Council schedule is as follows: December 19, 2016 Public Hearing and Bill Pending; the bill is eligible for passage at this time. Please be advised that the property owner, the consultant and/or the legal representative must be in attendance to answer all questions that may arise. Enclosed is a copy of the notices mailed to surrounding property owners. Should you have any questions concerning this matter, please feel free to contact me at 573.634.6475. Sincerely, Eric Barron, AICP Senior Planner Enclosures Individuals should contact the ADA Coordinator at {573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. City of Jefferson Carrie Tergin, Mayor Janice McMillan, AICP, Director Phone: 573-634-6410 Fax : 573-634-64 57 Department of Planning & Protective Services 320 E. McCarty St. Jefferson City, MO 65101 Dear Property Owner, November 30 , 2016 Re : Reconsideration of Council Bill 2016-67-2005 Schotthill Woods Drive As part of their deliberations on the vote to reconsider this bill on November 28, 2016 , City Council representatives requested the project devel oper meet w ith the neighborhood . In an effort to facilitate this effort, the follow ing t ime and space has been reserved : Neighborhood Meeting Wednesday, December 14, 2016 at 5:30PM City Annex, 305 East Miller Street Enter through Fire Administration off of East Miller Street The City Annex I Parks and Recreation building is located at the northeast corner of Miller and Monroe streets Please don 't hesitate to contact me at 573-634-6424 with questions or concerns. Sincerely, Janice McMillan, AICP In d ivid u a ls should contact the ADA Coord inator a t (573) 634-6570 to request accommodations or a lte rna ti ve form a ts a s requ ired under the Americans w ith D is a b ilities Act. Pl ease a llow three bus iness d ays to process the requ est. Please call (573) 634-64 10 w ith ques tion s rega rding agen da item s. City of Jefferson Department of Planning & Protective Services 320 E. McCarty St. Jefferson City, MO 65101 Dear Property Owner: Carrie Tergin, Mayor J anice McMillan, AICP, Director Phone: 573-634-6410 Fax: 573-634-6457 November 30, 2016 This letter is to notify you that, pursuant to Jefferson City Code Section 2-236, a motion to reconsider the vote on Bill 2016-67, made November 21, 2016, was approved by the City Council of the City of Jefferson on November 28, 2016. Council Bill 2016-67-2005 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. (see map on back) The City Council will reconsider Bill No . 2016-67 following a public hearing . The public hearing on this bill has been scheduled for the following date and time, at which public comment will be heard : Public Hearing Monday, December 19, 2016 at 6:00PM Council Chambers John G. Christy Municipal Building, 320 East McCarty Street Jefferson City, Missouri If you are unable to attend the public hearing, written comments may be directed to the City Council. Written comments must be received on or before 1:OOPM on December 19, 2016 to be distributed to the City Council in advance of the public hearing . e-mail: jcplanning@jeffcitymo .org fa x: Planning Division, 573-634-6457 mail : Planning Division , Room 120, 320 E. McCarty Street , Jefferson City , MO 65101 Information regarding this case may be viewed on the Planning and Zoning Commission webpage at: www.jeffersoncitymo .gov. If you have questions concerning this matter , please feel free to contact me at 573 .634.6410. Sincerely, Eric Barron , AICP Senior Planner In dividuals s h ould co ntact the AD A Coord ina to r a t (573) 634-6570 to reques t accommodati on s or alte rn ative formats as requ ired under the American s with Di sabiliti es Act. Please all ow th ree bus iness d ays to process th e req u est. Pl ease ca ll (573) 634-6410 w ith q u es tions regarding agenda items. Bill No. 2016-67 2005 Schotthill Woods Drive Property Owner list Reconsideration before City Council THREE FOUNTAINS L L C ATTN: PROPERTY TAX DEPT C/0 WALGREEN CO PO BOX 1159 DEERFIELD, IL 60015 900 EASTLAND DR CITY OF JEFFERSON 320 E MCCARTY ST JEFFERSON CITY, MO 65101 EASTLAND DR MISSOURI CREDIT UNION 111 E BROADWAY ST COLUMBIA, MO 65203 910 EASTLAND DR HEISLEN, GARY D & LISA M 920 EASTLAND DR JEFFERSON CITY, MO 65101 920 EASTLAND DR KAMPETER, KEVIN B KAMPETER, B JACQUELYN 924 EASTLAND DR JEFFERSON CITY, MO 65101 924 EASTLAND DR MCENTIRE, HARRY E & LINDA L 2001 FOX TRL JEFFERSON CITY, MO 65101 2001 FOX TRL MANKIN, KURT L & LISA M 2120 DEER TRL JEFFERSON CITY, MO 65101 2000 SCHOTTHILL WOODS DR HALBROOK, JOEY K & MARY E 2007 FOX TRL JEFFERSON CITY, MO 65101 2007 FOX TRL WALGREENS ATTN: STORE MANAGER 900 EASTLAND DR JEFFERSON CITY, MO 65101 Page 1 December 19, 2016 MISSOURI NATIONAL GUARD CREDIT UNION 2009 SCHOTTHILL WOODS DR JEFFERSON CITY, MO 65101-5509 2009 SCHOTTHILL WOODS DR C A CREAL ESTATE L L P PO BOX 22845 OKLAHOMA CITY, OK 73123-1845 2005 SCHOTTHILL WOODS DR (Subject Property) JEFFERSON BANK OF MISSOURI 700 SOUTHWEST BLVD JEFFERSON CITY, MO 65109 901 EASTLAND DR T-MOBILE C/0 DUFF & PHELPS DBA/VERIZON WIRELESS PO BOX 260968 PLANO, TX 75026-0968 905 EASTLAND DR REAR ABC 0 MANAGEMENT L L C 419 VIRGINIA TRL JEFFERSON CITY, MO 65109 905 EASTLAND DR DALESSANDRO, STEPHEN ANDREW 2011 FOX TRL JEFFERSON CITY, MO 65101 2011 FOX TRL FLOWERS, JAMES W 2012 FOX TRL JEFFERSON CITY, MO 65101 2012 FOX TRL FENNESSEY, THOMAS W & LINDA M 2008 FOX TRL JEFFERSON CITY, MO 65101 2008 FOX TRL EIGHMEY, REX RICHARD & CAROL A, TRUSTEES 1003 EASTLAND DR JEFFERSON CITY, MO 65101 1003 EASTLAND DR Case No . P16013 2005 Schotthi ll Woods Drive Preliminary PUD Plan for drive through res taurant 1- (/) ~ _J w w 185 ft . Notification Buffe r / N W+E s 0 45 90 180 270 360 ------Foot I Sender 2005 Schotthill Woods Drive Preliminary PUD Plan Amendment Reconsideration before City Council December 19, 2016 Senders Address How Received Ken Theroff, President/CEO, Jefferson Bank 700 Southwest Blvd Mail Date Received 12/8/2016 JEFFERSON BANK OF MISSOURI .JEFFF:HSON CITY. l\IISSOtiHI 05102 · TELEPHONE (573) 634-0800 I\ EN TllEHOFF I'HESH>E:~T December 2, 2016 Members of the Planning and Zoning Commission and City Council: The Jefferson Bank of Missouri has a branch bank located at 901 Eastland Drive in Jefferson City. Our real estate is contiguous to the lot at 2005 Schotthill Woods Drive, which is the site of the recently-closed Pizza Hut. It has come to our attention that the owners of 2005 Schotthill Woods Drive have applied to obtain an amendment to the PUD Plan which would allow them to demolish the existing restaurant building and construct a new 2,200 square foot building with a drive through lane which will house a Taco Bell fast food restaurant Please be advised that, as a contiguous landowner, we do not oppose the proposed project. Thank you for your time and attention. Ken Theroff President/CEO Jefferson Bank of Missouri 700 Southwest Blvd. Jefferson City, MO 65109 2005 Schotthill Woods Drive Preliminary PUD Plan Amendment Correspondence Received After Planning and Zoning Commission Meeting Sender Senders Address How Received Date Received Joe Halbrook 2007 Fox Trail Email 11/11/2016 Harry and Linda McEntire 2011 Fox Trail Website Email 11/11/2016 Barron, Eric From: McMillan, Janice Sent: Monday, November 14, 2016 9:10 AM To: Crowell, Steve Cc: Moehlman, Ryan; Powell, Phyllis; Barron, Eric Subject: RE: 2005 Schotthill Woods proposal for a Taco Bell restaurant Phyllis, We will include the below email in the November 21 Council meeting packet. Jai,lc McMaIaw, AI CP Director, Department of Planning & Protective Services City of Jefferson, Missouri 320 E. McCarty St. Jefferson City, MO 65101 Email imcmillan@ieffcitymo.org Direct 573.634.6424 Main 573.634.6410 http://www.ffieffersoncitymo.gov/ From: Crowell, Steve Sent: Saturday, November 12, 2016 6:20 AM To: McMillan, Janice Cc: Moehlman, Ryan Subject: Fwd: 2005 Schotthill Woods proposal for a Taco Bell restaurant Fyi Sent from my Verizon Wireless 4G LTE smartphone -------- Original message -------- From: "Tergin, Carrie" <CTergin(a)jeffcitymo org> Date: 11/12/2016 12:21 AM (GMT -06:00) To: "Crowell, Steve" <SCrowellna jeffcitymo.or> Subject: FW: 2005 Schotthill Woods proposal for a Taco Bell restaurant Steve, This must be the neighbor she was referring to in the previous e-mail. I will get in touch with Joe. Thanks, Carrie Carrie Tergin, Mayor 573-230-7645 CTergin01jeffci1ymo.org From: Tergin, Carrie Sent: Saturday, November 12, 2016 12:20 AM To: Joe Halbrook Subject: RE: 2005 Schotthill Woods proposal for a Taco Bell restaurant Joe, Thank you for the e-mail, I also got the note at the Hallmark store, sorry I missed you. I will plan to give you a call soon, and my cell is 573-230-7645 so feel free to call me also and we can talk further. Thank you, Carrie Carrie Tergin, Mayor 573-230-7645 CTerain(d)jeffcitymo.org From: Joe Halbrook [halbrook.joe@gmail.com] Sent: Friday, November 11, 2016 1:02 PM To: Tergin, Carrie Subject: re: 2005 Schotthill Woods proposal for a Taco Bell restaurant Hi Carrie, My deepest apologies. I left an envelope up at the Hallmark store for you on Friday (Nov. 11). I know that was tacky - I was hoping to see you in-person. I know we've talked before; I asked you about how George was doing these days, the last time we spoke at your store. Carrie, I hope you will meditate on this proposal and what I said in the document I left in the envelope for you about not having all the facts necessary to vote for it's approval. We are already having noise disturbances in this area. I've had to personally contact the police department numerous times late at night because of the loitering in the nearby parking lots. Those annoying bass stereos pounding into the wee hours of the morning, literally rattling the paintings on our walls. All the neighbors are disturbed by what he have here, already. I can't imagine what this proposed restaurant will result in, into all hours of the night while we're trying to sleep. It's simply not right, Carrie. And the zoning exception for the drive-through has utterly astounded all of us. There's simply no rationale for why they would approve something like that literally 60' from a residential property line! No place else in our city is this allowed. This is going to set a very bad precedent, if it's approved. We're all for having a good neighbor like Pizza Hut has been. (I'd like to think they could figure out why their profits are down, and fix that problem, instead!) But allowing a restaurant of this nature into an area adjacent to an established residential neighborhood is just not an acceptable land use - even by the City's own stated rules. There's no other way to state it. It will diminish our East side neighborhood to the point we will all have to flee the homes we have spent many years building and making our own. If you have any opportunity to speak with the other councilman / councilwoman on this matter, we are placing our hopeful and optimistic trust in you, Carrie. This is not going to end well, we know. Here's a shortened link to the photos and a couple of short videos I took on a Saturday night (Oct. 1) to illustrate the relative peace we currently have. There are also photos in this list that illustrate the traffic flow issues we have here in the evenings. I hope you will take a look at those. http://tinyprl.com/PUDtaco If you would like to meet in person to talk about this more, I would certainly welcome that. Please call, text, or email me any time, Carrie. Sincerely, Joe Halbrook, 2007 Fox Trail, Jefferson City, MO 65101 (573) 690-4618 halbrook. j oeggmail.com This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http://www.symanteccloud.com Barron, Eric From: McMillan, Janice Sent: Monday, November 14, 2016 9:09 AM To: Crowell, Steve Cc: Moehlman, Ryan; Powell, Phyllis; Barron, Eric Subject: RE: ***EMAIL SENT THROUGH WEBSITE*** Phyllis, We will include the below email in the November 21 Council meeting packet. ,ja� McM ala w, AICD Director, Department of Planning & Protective Services City of Jefferson, Missouri 320 E. McCarty St. Jefferson City, MO 65101 Email imcmillan(@ieffcitvmo.or Direct 573.634.6424 Main 573.634.6410 http://www.meffersoncitymo.gov/ From: Crowell, Steve Sent: Saturday, November 12, 2016 6:22 AM To: McMillan, Janice Cc: Moehlman, Ryan Subject: Fwd: ***EMAIL SENT THROUGH WEBSITE*** Fyi Sent from my Verizon Wireless 4G LTE smartphone -------- Original message -------- From: "Tergin, Carrie" <CTergingieffcitymo.org> Date: 11/11/2016 10:49 PM (GMT -06:00) To: "Crowell, Steve" <SCrowell(c,ieffcitymo.org> Subject: FW: ***EMAIL SENT THROUGH WEBSITE*** Steve, This is from the same person that I just forwarded to you, just FYI. Thanks, Carrie Carrie Tergin, Mayor 573-230-7645 CTerginCabjeffcitymo.org From: MayorObjeffcitymo.org [Mayor@jeffcitymo.org] Sent: Friday, November 11, 2016 8:56 PM To: Tergin, Carrie Subject: ***EMAIL SENT THROUGH WEBSITE*** Name = Harry and Linda McEntire Address = 2001 Fox Trail Address _Line _2 = City—Town = Jefferson City Stat—Prov = MO Zip Code = 65101 Phone = 573-690-5191 Email = Omcentire(u,embargmail.com Comments = Mayor Tergin, it seems as though one person in our neighborhood is doing the majority of the complaining regarding Taco Bell off Eastland and they are not speaking for everyone. There are a few neighbors who do not object to having Taco Bell in our neighborhood. The back side of our house looks directly at this property and we are not worried about the lights or the drive through speaker. We were aware of the businesses and the traffic when we moved here a little over nine years ago. Thank you for the work you do for our city. 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For more information please visit http://www.symanteccloud.com Neighborhood Meeting PUD Plan for Taco Bell, 2005 Schotthill Woods Drive Wednesday, December 14, 2016 at 5:30PM City Annex Multipurpose Building Neighbors Tom Fennessey, 2008 Fox Trail Joe Halbrook, 2007 Fox Trail Stephen D’Alessandro, 2011 Fox Trail Harry and Linda McEntire, 2001 Fox Trail Gary Heislen, 920 Eastland Dr Developer Representatives Chris McCrea, President, McCrea Property Group, Indianapolis, IN (site developer/builder) Shane Crum, Director of Development, KMAC Enterprises, Louisville KY (franchisee representative) Kelly Batiste, Market Coach, KMAC Enterprises, Inc., Fort Smith, AR (franchisee representative) Kim Schoening, District Coach, KMAC Enterprises, Inc. , Fort Smith, AR (franchisee representative) Larry Kolb, Kolb Properties, Jefferson City Donna Maxwell, Kolb Properties, Jefferson City Duane Schreimann, Schreimann, Rackers & Francka, LLC City Council Representatives Jim Branch Rick Prather Laura Ward News Media Sam Richardson, News Tribune Matthew Sturdevant, KMIZ Lindsay Berning, KMIZ City Staff David Bange, City Engineer Janice McMillan, Director of Planning and Protective Services Ms. McMillan opened the meeting, stating the reconsideration of this matter would be taken up after a public hearing at the December 19 Council meeting. Following introductions, discussion began about concerns that had been raised by neighbors, including lighting, noise, operational aspects and screening.  Lighting – the proposed lighting is “soft” LED similar to that used on the Walgreen’s site, and will be a shoebox or cutoff style fixture that ensures the light is directed downward rather than radiating outward.  Noise – the speaker box is angled away from the residential area, and is shielded by shrubs. New speaker technology gauges ambient noise levels to adjust speaker volume, which means that the speaker volume will be quieter at night when ambient noise levels are less. Mr. Schreimann mentioned their speaker tests show compliance with the City’s noise regulations.  Operations - Franchisee representatives indicated they periodically “shop” their stores to make sure they comply with company policies, including loitering, cleanliness and security. Ms. Koening said she has instructed customers to turn off their cars if they are loud, and offered to give the 2 Schotthill Woods Neighborhood Meeting Notes December 14, 2016 neighbors her phone number, inviting them to contact her if they experienced any problems. She said they use a 16-camera security system to monitor inside and outside, to ensure safety of employees and patrons. Mr. Fennessey said they fear the unknown. They know Pizza Hut, but do not have experience with Taco Bell. He said he doesn’t know how they would control some patrons who are loud. He asked, “if your house was there, what would you want?” Ms. Batiste spoke of other stores where residences are in close proximity, and that they have good relationships. Ms. Schoening said that their security system may be used to identify individuals if there are problems, and that she wouldn’t hesitate to contact police if necessary. Mr. Heislen asked if they would pick up trash along Eastland Drive. Ms. Schoening said she would participate in picking up trash, but commented that if trash came from somewhere other than Taco Bell, that those sources (such as McDonald’s) should do their parts. Mr. Schreimann offered to plant evergreens on the tract south of Schotthill Woods Drive to help absorb noise, saying the owner (Kurt Mankin) had given permission to do so. Mr. Kolb showed locations where trees could be planted, proposing white pines that would grow to be 12-14 feet in width. He asked the McEntires if they wanted trees planted. Mr. Mc Entire didn’t object to trees, but said he liked the view that he has currently. Hours of operation were discussed. Ms. Batiste said the hours are set by the franchise agreement, based on the market. She provided an average vehicle count, saying they cater to people who work the late shift, and publicize being open until 2:00AM in order to build volume in the 12:00AM-1:00AM hour. She reported the following volumes would be expected: Weekdays and weekends: 13 vehicles 11:00PM-12:00AM 7 vehicles 12:00AM- 1:00AM 3 vehicles 1:00AM-2:00AM Mr. D’Alessandro referenced the City’s code regarding vehicle noise (Section 21-111) and suggested they post signs to inform their customers. Mr. Fennessey asked about traffic congestion. Mr. Bange said the site will be observed, and traffic issues would be addressed if required. Mr. Schreimann said the store will be operated to ensure there is no loitering, ample security, and good management , and that neighbors would be given Ms. Schoening’s phone number to call if problems were encountered. He said appropriate signs would be posted informing customers of no loitering and vehicle noise restrictions. Ms. Batiste said these signs would be included in the corporate sign package. Ms. McMillan thanked everyone for attending. The meeting concluded at approximately 6:50PM. Submitted by Janice McMillan BANK® MEMBER RPC December 5, 2016 Members of the Jefferson City Council: I am writing regarding 2005 Schotthill Woods Drive. This is the closed Pizza Hut that has the potential for a new occupant. Hawthorn Bank has a branch bank located at 800 Eastland Drive in Jefferson City. Our real estate is located very near the property in question. The owners of 2005 Schotthill Woods Drive have applied to obtain an amendment to the PUD Plan which would allow them to demolish the existing restaurant building and construct a new building with a drive through lane which will house a Taco Bell. I understand that Planning and Zoning has voted in favor of this request. As a nearby neighbor, we have no opposition to proposed project. Thank you for • r -consideration. Jaso c wartz Sr. Vice President Hawthorn Bank Hawthorn Bank 1 132 East High Street, P.O. Box 688 i Jefferson City, MO 65102 1 T 573.761.6100 I www.HawthornBank.com