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HomeMy Public PortalAbout2017-06-08 minutesMINUTES JEFFERSON CITY PLANNING AND ZONING COMMISSION June 8, 2017 5:15 p.m. COMMISSION MEMBERS PRESENT Bunnie Trickey Cotten Jack Deeken Bob George Michael Lester David Nunn Dale Vaughan Chris Yarnell, Vice Chairman Matthew Hall, Alternate Michelle Mahoney, Alternate Blake Markus, Alternate COMMISSION MEMBERS ABSENT Dean Dutoi Chris Jordan, Chairman COUNCIL LIAISON PRESENT Carlos Graham ATTENDANCE RECORD 8 of 10 9 of 10 6 of 10 9 of 10 9 of 10 7 of 10 8 of 10 7 of 10 3 of 3 8 of 10 7 of 10 9 of 10 STAFF PRESENT Sonny Sanders, Director of Planning & Protective Services Eric Barron, Senior Planner Bryan Wolford, Associate City Counselor Alex Rotenberry, Transportation Planner Shane Wade, Civil Engineer 11 Anne Stratman, Administrative Assistant 1. Call to Order and Introduction of Members, Ex -officio Members and Staff The Vice Chairman, six regular members and all alternates were present. A quorum was present. Designation of Voting Alternates The Vice Chairman announced that all regular members and alternates Mr. Hall and Mr. Markus were eligible to vote. 2. Procedural Matters and Procedures Explained Mr. Barron explained the procedures for the meeting. The following documents were entered as exhibits. Mr. Barron advised that copies of the exhibits are available through the City Clerk or the Department of Planning and Protective Services: The City Code of the City of Jefferson, as amended Comprehensive Plan and Land Use Map Copies of applications under consideration A list of property owners to whom notices were sent Affidavit of publication of the public notice in the newspaper Rules of Procedure, Planning & Zoning Commission Mr. Barron submitted the following items for the record: Staff reports Minutes of proceedings Copies of drawings, plans, and/or renderings under consideration Letters or memoranda from staff Materials submitted by the public or applicants pertaining to the cases under consideration Minutes/Jefferson City Planning & Zoning Commission Page 2 June 8, 2017 3. Adoption of Agenda Ms. Cotten moved and Mr. Markus seconded to adopt the agenda as printed. The motion passed 8-0 with the following votes: Aye: Cotten, Deeken, George, Hall, Lester, Markus, Nunn, Vaughan 4. Approval of Minutes of the Regular Meeting of May 11, 2017 Mr. George moved and Mr. Lester seconded to approve the minutes of the Regular Meeting of May 11, 2017 as written. The motion passed 8-0 with the following votes: Aye: Cotten, Deeken, George, Hall, Lester, Markus, Nunn, Vaughan 5. Communications Received Correspondence was received for Case No. P17012. 6. New Business/Public Hearings Case No. P17012 — 1200 and 1300 Block of Trade Center Parkway, Rezoning, Comprehensive Plan Amendment, and Concept PUD Plan. Request filed by Lohman Investments LLC, property owner, for the following: 1. A rezoning of the property from M-1 Light Industrial to PUD Planned Unit Development. 2. An amendment to the Comprehensive Plan Development Plan Map to show the property as intended for High Density Residential use. 3. A Concept PUD Plan for development of a 40 unit multi -family residential complex consisting of three apartment buildings and a community building. The property is located on Trade Center Parkway south of Old Lohman Road and is described as lots 1-7 of Jefferson City West Commercial Park, Jefferson City, Missouri (Central Missouri Professional Services, Consultant). Mr. Barron described the proposal and explained that this property was platted as a light industrial park with a M-1 Light Industrial zoning designation in 2010. He stated that a street was constructed at that time to serve the subdivision, however, no lots have been sold and no development has occurred within the subdivision. Mr. Barron explained that the property owner is proposing to change the character of the development from its originally intended industrial use to a multi -family residential use. He stated that the immediate goal of the change is to provide a location for construction of a Missouri Housing Development Commission (MHDC) Workforce Development Housing project. Mr. Barron explained that in order to establish multi -family residential as a permitted use for the property, as well as provide certainty in terms of the density and layout of the proposed development through the PUD planning process, the property owner has applied for a rezoning of the property to a PUD designation and a concept PUD Plan. He stated that a comprehensive plan amendment is also proposed to support the change from industrial to high density residential use. Mr. Barron explained that the purpose of a Concept PUD Plan is to establish approval of a specific density and land use mix for the property and ensure conformance of the PUD plan with the Comprehensive Plan. He stated that a Preliminary PUD Plan would still need to be submitted for the property and reviewed by the Planning and Zoning Commission and City Council. Mr. Barron explained that four buildings are shown on the Concept PUD Plan. He stated that three buildings are shown as apartment buildings and one building shown as a community building. Mr. Barron explained that the Concept PUD Plan proposes an underlying zoning of RA -2 for the purpose of establishing permitted uses for the property. He stated that a bufferyard is shown along the western property line adjacent to the Westview Heights Subdivision. Mr. Barron explained that the bufferyard is shown as 50 feet wide with medium canopy trees to be planted at 25 feet spacing along the length of the bufferyard. He stated that the standard bufferyard required by Zoning Code regulations is a "Type B" buffer, which could consist of 20 feet of width with medium canopy trees. Mr. Barron explained that the proposed bufferyard therefore exceeds the zoning code bufferyard requirements in terms of width. He stated that traffic generation for a development of 40 apartment buildings would be expected to be 23.2 peak hour vehicle trips (0.58 peak hour trips per unit/PM peak hour traffic), which can be accommodated by the existing street layout and does not trigger the requirement for a traffic impact study. Minutes/Jefferson City Planning & Zoning Commission Page 3 June 8, 2017 Mr. Gary Oberkrom, Lohman Investments LLC, 604-D Missouri Boulevard Court, spoke regarding this request and explained that the subject property was purchased in 2009 from Modine Manufacturing Company with the intent to develop the property as light industrial similar to Creek Trail Drive. He stated that Trade Center Parkway and a stormwater detention basin was built in 2012. Mr. Oberkrom explained that the subject property has been for sale since 2009. He stated that the subject property was split into one acre Tots to accommodate smaller type businesses. Mr. Oberkrom explained that there is not a market in Jefferson City for industrial type development at this time. He stated that the proposed development is a good use of the land and road network is adequate to support this type of development. Mr. Oberkrom explained that remaining portion of the subject property will remain as is. He stated that for future development proposals Trade Center Parkway would be extended to Scruggs Station Road. Ms. Cotten inquired why not rezone entire property. In response, Mr. Oberkrom explained that in order to make the undeveloped portion of the property feasible for development would have to build '/ to 1/2 mile of road. He stated that at this time the best plan is to leave the undeveloped portion as is. Mr. Pete Ramsel, 4803 Wilshire Drive North, St. Joseph, Missouri, spoke on behalf of the owner/developer of this proposal. Mr. Ramsel explained that there will be a total of 40 units consisting of two 16-plexes and one 8-plex that are energy efficient. He stated that the proposal consists of 28 two bedroom units and 12 three bedroom units. Mr. Ramsel explained that this development also includes a community building with office space and a community room and an adjacent playground. He stated that there will be a full time manager and a maintenance person, as well. Mr. Ramsel explained that an after school program will be offered from 3:00 to 6:00 p.m. in the community room. He stated that this development is called a Workforce Development Housing project through the Missouri Housing Development Commission. He stated that this type of development is built using a tax credit program through the Missouri Housing Development Commission. Mr. Ramsel explained that he has to submit this project to the Missouri Housing Development Commission to determine whether they qualify for the tax credit program. He stated that the significance of the tax credit program is that we raise private equity through the tax credit program and that equity funds the construction and development of these units. Mr. Ramsel explained that since we raise 90 percent of the cost with tax credits and are borrowing very little money these rents are affordable. He stated that this is not a Housing and Urban Development Section 8 Housing Program. Mr. Ramsel explained that this program is based on income and is not a rental assistance program. He stated that the Jefferson City Area Chamber of Commerce commented that there is a need for this type of housing in Jefferson City. 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 area to be rezoned; (2) Concept PUD Site Plan; (3) visual depicting a 2 -story building elevation; (4) FY2017 Income Limits Documentation System; and (4) FY2017 Multifamily Tax Subsidy Project Income Limits Summary. Mr. Samson explained that the reason that we chose the Concept PUD Plan process is so that we could get the zoning approved so that Mr. Ramsel has a letter to go to the Missouri Housing Development Commission to show that the property is zoned appropriately for the project. He stated that if the project is funded we will come back with a Preliminary PUD Plan. Mr. Samson explained that the conglomeration of utility lines creates a natural buffer. He stated that we will enhance the exiting bufferyard area with medium canopy trees. Mr. Samson explained that the exiting detention basin is adequate to handle the proposed development. He stated that we may need to modify the existing basin to meet new stormwater code requirements. Mr. Samson explained that he received supportive comments from the Jefferson City Area Chamber of Commerce, City Council representatives in that ward and the public school district. Correspondence in favor of this request was received from the Homebuilders Association of Central Missouri, 1420 Creek Trail Drive. Minutes/Jefferson City Planning & Zoning Commission Page 4 June 8, 2017 The following individuals spoke in opposition to this request: Angela Boyer, 1321 Grandview Drive Amy Prenger, 1202 Grandview Court Doug Pavitt, 1204 Grandview Court Bob Kraus, 417 Highland Waye Those speaking in opposition voiced the following concerns: 1. Ms. Boyer expressed concerns of a future road extension constructed behind her property to serve future high density residential development. 2. Not all adjacent property owners were notified. 3. Increase of students attending Lawson Elementary School. 4. There are other uses for the subject property. Does not understand why a high density residential development needs to be constructed. Prefer other land uses such as single family homes or other office uses. 5. Concerned about lack of privacy with the proposed development being constructed. 6. Will be able to see the proposed development from their property. 7. Concerned about future development. 8. Why is the property owner not rezoning the entire property to PUD. 9. The Zoning Code recommends that a PUD development have a minimum of 10 acres. The proposed development only accounts for 3.3 acres. Concerned about constructing a development too close together. 10. Is the detention basin adequate for future development. 11. Looking at more emergency services needed that may not already be accounted for. 12. No sidewalks on Trade Center Parkway. Increase of foot traffic on old Lohman Road. 13. Concerned that what is proposed will not actually be built. 14. Losing the open space that currently exists. 15. Existing housing in Jefferson City is underutilized. 16. There is more of a need for industrial type development than housing. 17. If not approved for the tax credit program the property will be sitting there with a zoning designation that is not available for commercial use. 18. Subject property is on a slope. There will be a height difference between the buildings and the bufferyard trees. 19. There will be 70 single family homes constructed in Turtle Creek Subdivision. There is only one way in and one way out onto Country Club Drive. More congestion on Country Club Drive due to the close proximity to Old Lohman Road. 20. Will transit services be extended to the proposed development. The following individuals also spoke regarding this request: Harold Wadley, 5014 Old Lohman Road commented that Trade Center Parkway is not in good condition. Ryan Rochman, 5104 South Brooks Drive commented that there is a need for housing like this. Mr. Barron gave the Planning Division staff report and provided responses for concerns voiced during public testimony. Mr. Deeken commented that saying this is a workforce housing development project is deceiving. He stated that the biggest thing we need is jobs and not more workforce housing for jobs. Mr. Deeken explained that there is approximately 100,000 people willing to drive the 45 miles to commute to Jefferson City if there were jobs. He commented that this is disruptive to the neighborhood. Mr. Deeken explained that in the vicinity of the proposed development are pockets of 4-plexes and single family residential that are well kept. He stated that he would rather see the subject property downzoned to be more restrictive of the number of units on the lot. Mr. Deeken explained that he would rather see single family hornes or duplexes being developed on the subject property. He stated that he understands the concerns of the neighbors and the owner/developer. Mr. Deeken explained that the Commission does have a say in the financial feasibility of the proposed development. Minutes/Jefferson City Planning & Zoning Commission Page 5 June 8, 2017 Mr. Nunn moved and Mr. Vaughan seconded for approval of the proposed Comprehensive Plan Amendment to designate the property as intended for High Density Residential use. The motion passed 7-1 by the following roll call vote: Aye: Cotten, George, Hall, Lester, Markus, Nunn, Vaughan Nay: Deeken Mr. Nunn moved and Mr. Vaughan seconded to recommend the approval of the proposed rezoning of the property from M-1 Light Industrial to PUD Planned Unit Development to the City Council. The motion passed 7-1 by the following roll call vote: Aye: Cotten, George, Hall, Lester, Markus, Nunn, Vaughan Nay: Deeken Mr. Nunn moved and Mr. Vaughan seconded to recommend approval of the proposed Concept PUD Plan to the City Council. The motion passed 7-1 by the following roll call vote: Aye: Cotten, George, Hall, Lester, Markus, Nunn, Vaughan Nay: Deeken Case No. P17013 — 210 Prodo Drive, Rezoning from PUD to C-1. Request filed by Southard Comfort Properties, property owner, for a rezoning of the PUD zoned portion of the property to C- 1 Neighborhood Commercial. The purpose of the request is to unify the zoning of the property under a single district and permit a building expansion in accordance with standard zoning regulations rather than PUD regulations. The property is located on the east side of Prodo Drive 250 feet south of Amazonas Drive and is described as part of lot 6 of EI Mercado Development, Section 1, Jefferson City, Missouri (Central Missouri Professional Services, Consultant). Mr. Barron described the proposal and explained that the property consists of 0.6 acres with approximately 0.25 acres of the property zoned C-1 Neighborhood Commercial and 0.35 acres zoned PUD Planned Unit Development. He stated that the property owner is planning a small building expansion at the rear of the building, which would require an amended PUD Plan submittal in order to receive zoning clearance. Mr. Barron explained that rather than pursue the building expansion via the PUD route, the property owner has submitted an application to rezone the PUD portion of the property to C-1, thereby establishing a single zoning district on the property which would allow the building expansion to be pursued via an administrative review rather than a PUD plan review. He stated that a large portion of the property has an existing C-1 zoning designation and much of the surrounding property enjoys a C-1 zoning designation. Mr. Barron explained that the rezoning of the PUD zoned portion of the property would unify the zoning of the property designation and permit the intended building expansion under administrative (rather than PUD) review regulations. Mr. Paul Samson, Central Missouri Professional Services, 2500 E. McCarty Street, spoke regarding this request. Mr. Samson distributed a visual depicting the area to be rezoned. Mr. Samson explained that Mr. Mike Southard is the owner/operator of Turnkey Mobile. He stated that they largely do in car technology for law enforcement. Mr. Samson explained that they are starting to branch out into surveillance type electronics as well. He stated that due to the growth of their business they have hired additional personnel and need additional space to accommodate their growth. Mr. Samson explained that the applicant is proposing a 2000 square foot addition towards the back of the building mostly to accommodate storage and office space. He stated that based on the current configuration of the zoning lines it is a very peculiar area whereas the zoning lines do not match the property line. Mr. Mike Southard, Southard Comfort Properties, 210 Prodo Drive, spoke regarding this request and explained that the reason for this request is that their business has grown by an additional two full time positions and one part time position in the last 90 days. He stated that they work with law enforcement and public service agencies. Mr. Gary Oberkrom, 604-D Missouri Boulevard Court, spoke in favor of this request. No one spoke in opposition of this request and no correspondence was received. Minutes/Jefferson City Planning & Zoning Commission Page 6 June 8, 2017 Mr. Barron gave the Planning Division staff report. Ms. Cotten moved and Mr. Marcus seconded to recommend approval of the request to rezone the PUD zoned portion of the property to C-1 Neighborhood Commercial to the City Council. The motion passed 8-0 with the following votes: Aye: Cotten, Deeken, George, Hall, Lester, Markus, Nunn, Vaughan Case No. P17014 — Zoning Code Text Amendments Regarding Event Centers, Nightclubs, After Hours Establishments, and Smoking Lounges. Request filed by City Staff to amend the text of Chapter 35, Zoning, including Section 35-28 Land Use Matrix, Section 35-92 Definitions, Section 35-58, Parking, and Section 35-41 Specific Use Standards, with respect to the following: 1. Establishment of Nightclubs and after hours establishments as a permitted use in the C-2 and M-2 districts and a special exception use in the C-3 district, establishment of smoking lounges as a permitted use in the C-2 district and a special exception use in the C-3 district, and establishment of event centers as a permitted use in the C-1, C-2, C-3, and M-2 districts and a conditional use in the RU district. 2. Establishment of specific use standards for nightclubs, after hours establishments, and smoking lounges, including the requirement for a special exception permit if located within 250 feet of a residential dwelling unit. 3. Establishment or amendment of definitions and parking requirements for the referenced uses. The complete text of the amendment is available for review at the Department of Planning and Protective Services, 320 E. McCarty Street, or may be viewed at the Planning and Zoning Commission webpage at: www.jeffersoncitymo.gov. Mr. Barron described the proposal and explained that this Zoning Code text amendment 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 these uses are not currently listed within the Zoning Code, which has caused difficulty amongst city staff when processing business license applications or other application submittals, and angst from surrounding property owners, as such uses can have a higher level of impact on surrounding property than other general retail or service oriented businesses. Mr. Barron explained that Planning Division staff has conducted research on the topic and prepared a Zoning Code text amendment to establish the authorized districts and other standards for these land uses. He stated that the Nightclub, After Hours, and Smoking Lounge uses are proposed as being a "Permitted" use in the C-2 General Commercial district and a "Special Exception" use in the C-3 Downtown Commercial district. Nightclub and After Hours uses would also be a "Permitted" use in the M-2 General Industrial District. Mr. Barron explained that specific use standards would 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. He stated that Event Center and Banquet Halls are proposed as being a "Permitted" use in the C-1, C-2, C-3, and M-2 districts, and a "Conditional" use in the RU district. Mr. Barron explained that parking requirements for the uses are based on similar uses within the Jefferson City Zoning Code and after review of parking standard examples from the American Planning Association. Mr. Barron explained that minor modifications to the text of the amendment were received from the law department. No one spoke in opposition to this request and no correspondence was received. Mr. Lester moved and Mr. Nunn seconded to recommend approval of the proposed text amendment with modifications presented this evening to the City Council. The motion passed 8-0 with the following votes: Aye: Cotten, Deeken, George, Hall, Lester, Markus, Nunn, Vaughan Minutes/Jefferson City Planning & Zoning Commission Page 7 June 8, 2017 Case No. P17015 — Zoning Code Text Amendment Regarding Assisted Living Facilities. Request filed by City Staff to amend the text of Chapter 35, Zoning, Section 35-28 Land Use Matrix, to establish assisted living facilities as a conditional use of the C-2 General Commercial zoning district. The complete text of the amendment is available for review at the Department of Planning and Protective Services, 320 E. McCarty Street, or may be viewed at the Planning and Zoning Commission webpage at: www.jeffersoncitymo.gov. Mr. Graham left at 7:30 p.m. Mr. Barron described the proposal and explained that an owner of an existing assisted living facility within Jefferson City contacted city staff to determine the approval steps that would be necessary before constructing an addition onto the building. He stated that Staff researched the situation, and found the following: (1) the facility was originally established in 1988 after receiving a conditional use permit from the Board of Adjustment; and (2) the 2002 rewrite of the Zoning Code eliminated this category of land use from the C-2 zoning district. Mr. Barron explained that it is no longer a conditional use of the C-2 district. He stated that after reviewing the Zoning Code, staff determined that a zoning code amendment may be in order. Mr. Barron explained that while the 2002 rewrite of the zoning code established a clear separation of commercial and residential uses (by eliminating the prior "pyramidal" zoning structure and putting in its place an "express purpose" structure) recent amendments to the zoning code that allow for a limited level of mixed use within districts may have ignored the assisted living facility category. He stated that for example, apartment buildings with eight or more units were recently established as a permitted use in the C-2 district. Mr. Barron explained that the Targe amount of C-2 zoning within Jefferson City handicaps assisted living facilities, where such facilities would fit comfortably within a number of C-2 zoned areas of the City except for the general prohibition of such uses from what is essentially a "highway commercial" zoning category. He stated that the allowance of this type of land use, with review by the Board of Adjustment through the Conditional Use Permit process, would be a relatively minor change in the structure of the zoning code while retaining the ability to look at the impact of such uses on surrounding properties by the Board of Adjustment. No one spoke in opposition to this request and no correspondence was received. Mr. Lester moved and Ms. Cotten seconded to recommend approval of the Zoning Code Text Amendment to establish Assisted Living Facilities as a Conditional Use of the C-2 zoning district to the City Council. The motion passed 8-0 with the following votes: Aye: Cotten, Deeken, George, Hall, Lester, Markus, Nunn, Vaughan 7. Other Business A. Election of Officers Due to the absence of members, Election of Officers was delayed until July 13, 2017. 8. Adjourn. There being no further business, the meeting adjourned at 7:36 p.m. Respectfully Submitted, Eric Barron, Assistant Secretary