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
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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