HomeMy Public PortalAbout2017-05-11 minutesMINUTES
JEFFERSON CITY PLANNING AND ZONING COMMISSION
May 11, 2017
5:15 p.m.
COMMISSION MEMBERS PRESENT
Jack Deeken
Dean Dutoi
Bob George
Chris Jordan, Chairman
Michael Lester
Dale Vaughan
Chris Yarnell, Vice Chairman
Blake Markus, Alternate
Michelle Mahoney, Alternate
COMMISSION MEMBERS ABSENT
Bunnie Trickey Cotten
David Nunn
Matthew Hall, Alternate
COUNCIL LIAISON PRESENT
Carlos Graham
STAFF PRESENT
Sonny Sanders, Director of Planning & Protective Services
Eric Barron, Senior Planner
David Bange, City Engineer
Alex Rotenberry, Transportation Planner
Anne Stratman, Administrative Assistant
ATTENDANCE RECORD
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1. Call to Order and Introduction of Members, Ex -officio Members and Staff
Chairman Jordan introduced new Alternate Ms. Michelle Mahoney. Ms. Mahoney replaced Mr.
Ron Fitzwater.
The Chairman, six regular members and two alternates were present. A quorum was present.
Designation of Voting Alternates
The Chairman announced that all regular members and both alternates are eligible to vote.
2. Procedural Matters and Procedures Explained
Mr. Barron explained the procedures for the meeting. The following documents were entered as
exhibits. Mr. Barron advised that copies of the exhibits are available through the City Clerk or the
Department of Planning and Protective Services:
The City Code of the City of Jefferson, as amended
Comprehensive Plan and Land Use Map
Copies of applications under consideration
A list of property owners to whom notices were sent
Affidavit of publication of the public notice in the newspaper
Rules of Procedure, Planning & Zoning Commission
Mr. Barron submitted the following items for the record:
Staff reports
Minutes of proceedings
Copies of drawings, plans, and/or renderings under consideration
Letters or memoranda from staff
Materials submitted by the public or applicants pertaining to the cases under consideration
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3. Adoption of Agenda
Mr. Lester moved and Mr. Dutoi seconded to adopt the agenda as printed. The motion passed 8-
0 with the following votes:
Aye: Deeken, Dutoi, George, Lester, Mahoney Markus, Vaughan, Yarnell
4. Approval of Minutes of the Regular Meeting of April 13, 2017
Mr. Lester moved and Mr. Dutoi seconded to approve the minutes of the Regular Meeting of April
13, 2017 as written. The motion passed 8-0 with the following votes:
Aye: Deeken, Dutoi, George, Lester, Mahoney Markus, Vaughan, Yarnell
5. Communications Received
No correspondence was received.
6. New Business/Public Hearings
Case No. P17011 —1732 and 1736 Vieth Drive, Rezoning from RS -2 to PUD and Preliminary
PUD Plan. Request filed by Debra and Ralph Rankin, property owners, for a rezoning of 3.25
acres from RS -2 Single Family Residential to PUD Planned Unit Development and a Preliminary
PUD Plan to redevelop the property, which consists of three adjacent tracts, with construction of a
new preschool, a skilled nursing facility, and a maintenance building. The property is located on
the West side of Vieth Drive, 250 feet North of Colonial Hills Road and is described as part of the
Southwest Quarter of the Southeast Quarter of Section 14, Township 44 North, Range 12 West,
Jefferson City, Cole County, Missouri (Central Missouri Professional Services, Consultant).
Mr. Rotenberry described the proposal and explained that the properties, which consist of three
parcels, consist of 3.25 acres developed with two single family houses with frontage on Vieth Drive.
He stated that the zoning of the property is RS -2 Single Family Residential. Mr. Rotenberry
explained that the property owner desires to demolish the two existing single family houses and
construct, in phases, a preschool (daycare), skilled nursing facility, and maintenance building. He
stated that the Zoning Code currently does not allow for a skilled nursing facility or preschool
(daycare facility) in the RS -2 Single Family Residential District. Mr. Rotenberry explained that the
applicant is requesting approval of a rezoning proposal from RS -2 to PUD and a Preliminary PUD
Plan in order to accommodate the construction of a 6,500 square foot preschool (daycare), an
8,000 square foot skilled nursing facility, and a 1,800 square foot maintenance building. He stated
that all buildings will be single story slab -on -grade construction. Mr. Rotenberry explained that a
parking lot will be constructed to serve both the preschool and the skilled nursing facility. He stated
that access will be through a reconstructed driveway on the southern portion of the property and a
shared driveway to the north with Jefferson City Manor. Mr. Rotenberry explained that the rezoning
from RS -2 to PUD allows for the multiple uses requested (the construction and usage of the
preschool and skilled nursing facility) without a commercial rezoning, which would permit other
commercial uses on the property. He stated that should the property owner wish to develop this
property with other uses, they would be required to submit a PUD Plan Amendment to be approved
by the Planning and Zoning Commission and City Council.
Mr. Paul Samson, Central Missouri Professional Services, 2500 E. McCarty Street, spoke
regarding this request. Mr. Samson distributed the following visuals: (1) visual depicting the
proposed layout of the development; and (2) concept plan and elevations for Wisdom Woods
Daycare. Mr. Samson explained that Ms. Cindy Juckette has a contract to purchase the subject
property which is contingent upon the approval of the rezoning request. He stated that Ms. Juckette
owns Jefferson City Manor which is located to the north of the subject property. Mr. Samson
explained that the proposed development includes a preschool, skilled nursing facility and
maintenance building. He stated that the preschool will have a maximum enrollment of 99 children.
Mr. Samson explained that an enclosed play area will be located on the north side of the building.
He stated that a toddler play area will be located on the south side of the building. Mr. Samson
explained that the proximity of the preschool to the existing nursing facility will facilitate visits
between the preschool children and the residents at the nursing home. He stated that the skilled
nursing facility will be located on the east side of the property and will consist of a 12 bed facility
specializing in hospice care. Mr. Samson explained that the maintenance facility will serve the
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May 11,2017
existing nursing home and the two new facilities. He stated that parking for the hospice and
preschool is more than adequate. Mr. Samson explained that stormwater will be routed to the
northwest corner of the property and a detention basin is proposed along the north property line. He
stated that a 25 foot natural buffer is proposed along the south side of the property between the
single family residential neighborhood to the south and the backside of the proposed preschool. Mr.
Samson explained that the site distance has been measured and is adequate for the 30 mph
posted speed limit on Vieth Drive.
No correspondence was received.
The following individuals spoke in opposition to this request:
Susan Atkinson, 1803 Vieth Drive
Laura Huot, 1729 Vieth Drive
Those speaking in opposition voiced the following concerns:
1. Increase in traffic causing safety issues for children walking to Cedar Hill Elementary School.
2. Safety for children crossing the new drive entrance for the proposed preschool and hospice
facility on their way to Cedar Hill Elementary School.
3. Residents of Colonial Hills Subdivision use Vieth Drive.
4. Is there a need for another daycare. There is a daycare located less than a mile from the
subject property at Southridge Drive and Vieth Drive.
5. Is there a need for another nursing home. Can the proposed nursing home be built without a
needs study.
6. Disruption by emergency vehicles, garbage trucks, and delivery vehicles going to the existing
nursing home would increase with the proposed preschool and hospice facility.
Mr. Donald Gill, 3213 Glenstone Drive spoke on behalf of Marian Gill, 1800 Vieth Drive. Mr. Gill
requested that the sewer lateral issue be addressed at his mother's house, as well as, the location of
the playground. He stated that the City put in a sewer behind the subject properties and his parents
had to move their sewer from the north side of their property to the south side of their property. Mr.
Gill explained that the sewer from his parent's house will go through the proposed development. He
inquired whether it is the City's responsibility to extend the main to the subject properties. Mr. Gill
explained that noise from the toddler play area on the south side would be disruptive and inquired
whether the toddler play area could be moved to the north side with the other playground.
Mr. Ben Rankin, 1736 Vieth Drive, spoke regarding concerns that were expressed. Mr. Rankin
explained that traffic has always been a concern along Vieth Drive. He stated that the school
children have made it to school while walking in the heavy traffic. Mr. Rankin explained that the
Juckette's are expanding the driveway to the existing nursing home to better accommodate large
trucks and ambulances. He stated that parking has been a traffic concern especially during
expansion of the existing parking lot. Mr. Rankin explained that vehicles have been forced to park on
the street due to a lack of parking during that time. He stated that the new parking lot will give more
space and will eliminate the need to park along the street.
Ms. Cindy Juckette, 729 Highland Ridge Drive, spoke regarding this request and explained that
the preschool children will be walked to and from school with a staff member. She stated that
students are no longer transported to and from Cedar Hill School due to starting at a later time. Ms.
Juckette explained that there is only one hospice in the State of Missouri located in St. Louis that is
not attached to a hospital. She stated that they want to provide a private, quiet place for the patients
and their families. Ms. Juckette explained that the children of these families will be able to access
the preschool and the kitchen facilities will be made available to the families, as well. She stated that
the intent is to combine the preschool and hospice into one unit where everyone benefits. Ms.
Juckette explained that they have received donations to build a path from the preschool to the
hospice so that patients can visit the children. She stated that this will be an intergenerational
program modeled after a facility in St. Louis. Ms. Juckette clarified that they can build the hospice
facility without a certification of need.
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May 11,2017
Ms. Laura Huot, 1729 Vieth Drive, spoke regarding this request and stated that she does not
want a daycare in their neighborhood that will allow 99 children. Ms. Huot commented that this is a
done deal already. She stated that there already is a nursing home in this area. Ms. Huot explained
that they are proposing to build another one because they need the land. She stated that we do not
need another nursing home in our neighborhood.
Mr. Deeken commented that the proposed hospice is for those individuals living out their last
days. He stated that he feels there is a need for a hospice facility in this area.
Chairman Jordan commented that there is nothing pre -determined about this case. He stated that
the Commission members are all volunteers. Chairman Jordan explained that this is open
testimony for the applicant, as well as, adjacent property owners and any interested parties. He
clarified that there is nothing preconceived about whether this matter will pass or fail this evening.
Mr. Donald Gill, 3213 Glenstone Drive, inquired whether there is a possibility of moving the
playgrounds to another location on the subject properties.
Ms. Susan Atkinson, 1803 Vieth Drive, explained that the proposal will change the look of the
area.
In response to the neighbor's concerns, Mr. Samson, Central Missouri Professional Services,
2500 E. McCarty Street, explained that any future plans not shown on the proposed Preliminary
PUD Plan must come before the Planning and Zoning Commission and City Council for approval.
He stated that PUD zoning gives the neighborhood assurances as to what will be built and anything
that is not on the Preliminary PUD Plan as it sits today would have to go through this same process
again. Mr. Samson explained that the proposed toddler playground is a 10 foot wide patio with a
fence located behind the preschool on the south side of the property. He stated that the toddler
section of the preschool allows for a maximum of 32 children, age 2 years old. Mr. Samson
explained that there is a proposed 25 foot buffer area from the end of the patio back to the property
line. He stated that there is a possibility of increasing that buffer area by planting pine trees. Mr.
Samson explained that the sewer lateral will have to be dealt with during the planning and design
phase and any issues will be taken care of immediately. He stated that as for the character of the
neighborhood, the southern edge of Vieth Drive is more institutional in nature than the most
northern portion of Vieth Drive and Satinwood Drive. Mr. Samson explained that the northern
portion of Vieth Drive is strictly single family homes. He stated that the Juckette's have undertaken
an extensive remodeling at their existing facility. Mr. Samson explained that they would not build
something that would have a detrimental impact on their existing facility and anything else in the
neighborhood.
Mr. Dutoi inquired whether there is a possibility of cost to neighboring homeowners for sewer
changes or would those costs be at the developer or property owner's expense. In response, Mr.
Samson explained that if you were to redevelop the subject property today, the City would require
that the property owner build a city main that would touch that property. He stated that since it is an
existing main he does not see a reason for that to change. Mr. Samson explained that if there is a
private lateral on the Juckette's property and proposed improvements would have an impact on that
private lateral than they Juckette's would be responsible for mitigating that impact.
Councilman Carlos Graham, 2304 Liberty Lane, spoke regarding this request, and explained that
he lives in Colonial Hills Subdivision. Mr. Graham commented that during those peak hours in the
morning there are a lot of kids that walk to school Cedar Hill School from the Southridge Drive area.
He inquired that since he has issues coming out of Colonial Hills Subdivision, what is in place to
address safety concerns when the school children are crossing that driveway especially with the
increase in traffic due to the construction of a new preschool. In response, Mr. Samson explained
that there would be driveway on the north and south side of the property, and that people might
tend to enter the facility via the shared driveway on the north side and exit the facility from the
driveway on the south side. He stated that the driveway is 24 feet wide and will be a short distance
for the school children to cross. Mr. Samson explained that the peak drop off time for the preschool
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would be from 7:00 a.m. to 8:00 a.m. and the peak walking time for the school children would be
from 8:15 a.m. to 8:45 a.m. due to the 8:50 a.m. start time. He stated that it is unlikely that the peak
drop off time at the preschool and the peak walking time for the school children would coincide. Mr.
Samson explained that the maximum number of children for the preschool has to do with the
daycare licensing requirements. He stated that it does not necessarily mean that there will be 99
children occupying the preschool at one time. Mr. Samson explained that on a Preliminary PUD
Plan you tend to show more than what most likely will be constructed or used.
Chairman Jordan allowed final testimony in response to Mr. Samson's testimony.
Ms. Laura Huot, 1729 Vieth Drive spoke regarding this request and commented that the site
distance on the curve at 1732 and 1736 Vieth Drive is limited. She reiterated that she is opposed to
having a preschool in their neighborhood.
Mr. Deeken commented that as the property is zoned today, the property owner can build houses
without any deliberation whatsoever. He stated that the PUD zoning would afford some type of
protection against what could be developed there.
Ms. Cindy Juckette, 729 Highland Ridge Drive, spoke regarding this request and assured that
the children walking to school will be closely watched as they cross the driveway. She stated that
the existing nursing home has been there approximately 45 years and school children have been
walking to Cedar Hill Schools for however long as it has been there. Ms. Juckette reiterated that
staff will be walking the preschool students to Cedar Hill School and she feels that all of the school
children will be more protected as well. She stated that all of the natural tree buffer will remain and
that the toddler play area can be moved to a different location if necessary.
Chairman Jordan closed testimony at 6:15 p.m.
Mr. Rotenberry gave the Planning Division staff report. Mr. Bange gave the Engineering Division
staff report and addressed the concerns regarding the sewer main and traffic.
Mr. Dutoi inquired if the construction of this project would require changes to the sewer system is
there a possibility that the adjacent homeowners would be assessed for these changes. In
response, Mr. Paul Samson, Central Missouri Professional Services, 2500 E. McCarty Street,
explained that we run across this on a routine basis where we have private sewer laterals going
across private property. He stated that they are not going to lop off anybody's sewer line. Mr.
Samson explained that if the cost becomes too burdensome they may have to shift the building
around to accommodate any changes. He stated that the cost to relocate an approximately four
inch lateral if necessary is not going to be extravagant and that cost would be borne by the
developer. Mr. Samson reiterated that there will be no cost to the homeowner.
Mr. Dutoi expressed concerns of safety for the school children walking to Cedar Hill Elementary
School while vehicles are coming out of the preschool. He inquired whether the Commission can
insist on a speed bump on the subject property parking lot so that vehicles slow down before exiting
the drive entrance. In response, Mr. Barron explained that if a situation calls for a speed bump that
is usually more of a traffic engineering or safety type of concern than less so of a land use or zoning
type of concern. He stated that this would fall under the public works department administrative
review or perhaps under the purview of the Transportation and Traffic Commission.
Mr. Jordan stated that the site is approximately 3.25 acres and zoned RS -2 Single Family
Residential. He inquired whether anyone has done the calculations on how many lots would be
available if someone wants to develop single family homes. In response, Mr. Barron explained that
there could be approximately 10 lots with an average trip generation of approximately 80 vehicles
trips per day.
Mr. Dutoi moved and Mr. Vaughan seconded to recommend approval of the request to rezone the
property from RS -2 to PUD to the City Council. The motion passed 8-0 with the following votes:
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Aye: Deeken, Dutoi, George, Lester, Mahoney Markus, Vaughan, Yarnell
Mr. Dutoi moved and Mr. Lester seconded to recommend approval of the Preliminary PUD Plan
with the following conditions:
A. Permitted uses shall be limited to preschool (daycare) and Skilled Nursing Facility.
B. Signage and lighting shall adhere to the allowances of the C -O District.
C. Compliance with comments and technical corrections of the Planning and Engineering
Divisions.
Mr. Dutoi moved to amend the original motion to include the requirement for a speed bump at the
southern driveway of the subject property for the purpose of slowing down traffic as they exit the
parking lot onto Vieth Drive in deference to the children that might be crossing that driveway. The
motion died for lack of a second.
The original motion for approval of the Preliminary PUD Plan passed 8-0 with the following votes:
Aye: Deeken, Dutoi, George, Lester, Mahoney Markus, Vaughan, Yarnell
7. Other Business
A. Discussion of Zoning Code amendments relating to event centers, nightclubs, after
hours establishments, and smoking lounges.
Mr. Barron explained that the proposed ordinance would define the uses of Event
Centers/Banquet Halls, Nightclubs, After Hours Establishments, and Smoking Lounges, and
establishes the required parking and authorized zoning districts for said uses. He stated that
specific use standards would also be established for Nightclubs/After Hours, and Smoking Lounge
uses, with a requirement that uses within 250 feet of an existing residence (including loft
apartments) would require a special exception permit. Mr. Barron indicated that the proposal would
be noticed up for a public hearing at the next meeting.
B. Discussion of Historic Southside / Old Munichburg District & Neighborhood Plan.
Mr. Barron announced that a work session is scheduled for May 26, 2017 from 11:00 a.m. to 1:00
p.m. in the Upper Level Conference Room in City Hall.
8. Adjourn. There being no further business, the meeting adjourned at 7:01 p.m.
Respectfully Submitted,
Eric Barron, Assistant Secretary