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HomeMy Public PortalAbout2017-11-09 minutesMINUTES JEFFERSON CITY PLANNING AND ZONING COMMISSION November 9, 2017 5:15 p.m. COMMISSION MEMBERS PRESENT Bunnie Trickey Cotten Jack Deeken Dean Dutoi Bob George Chris Jordan, Chairman Michael Lester Dale Vaughan Matthew Hall, Alternate Michelle Mahoney, Alternate Blake Markus, Alternate COMMISSION MEMBERS ABSENT David Nunn Chris Yarnell, Vice Chairman COUNCIL LIAISON ABSENT Carlos Graham, Council Liaison ATTENDANCE RECORD 3 of 4 3of4 2of4 3 of 4 4 of 4 3of4 4 of 4 2 of 4 4of4 4 of 4 2 of 4 2of4 STAFF PRESENT Sonny Sanders, Director of Planning & Protective Services Eric Barron, Planning Manager Bryan Wolford, Associate City Counselor Jayme Abbott, Neighborhood Services Manager Anne Stratman, Administrative Assistant 1. Call to Order and Introduction of Members, Ex -officio Members and Staff The Chairman, six regular members and all alternates were present. A quorum was present. Designation of Voting Alternates The Chairman announced that all regular members and alternates Mr. Markus and Mr. Hall 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 Jefferson City Planning & Zoning Commission November 9, 2017 Page 2 3. Adoption of Agenda Ms. Cotten moved and Mr. Lester seconded to adopt the agenda as printed. The motion passed 8-0 with the following votes: Aye: Cotten, Deeken, Dutoi, George, Hall, Lester, Markus, Vaughan 4. Approval of Minutes of the Regular Meeting of October 12, 2017 Mr. George moved and Ms. Cotten seconded to approve the minutes of the Regular Meeting of October 12, 2017 as written. The motion passed 8-0 with the following votes: Aye: Cotten, Deeken, Dutoi, George, Hall, Lester, Markus, Vaughan 5. Communications Received Correspondence was received for Case No. P12022. 6. New Business Case No. P17021 — 1707 Stadium Drive, Rezoning from RS -4 to C -O and Comprehensive Plan Amendment. Request filed by Bert A. and Jane M. Doerhoff, property owners, for a rezoning of 1,120 sf from RS4 Single Family Residential to C -O Office Commercial and an associated amendment to the Development Plan Map of the Comprehensive Plan. The property is located on the south side of Stadium Boulevard 145 feet east of the intersection of Stadium Drive and Southwest Boulevard and is described as Part of Lot 20 of Swift and Thompson Subdivision, Jefferson City, Missouri (Central Missouri Professional Services, consultant). Mr. Barron described the proposal and explained that this rezoning and comprehensive plan amendment request is for a portion of a tract of land that consists of 1,120 sf and is currently utilized as a single family residential lot. He stated that the rear of the property is zoned C -O Office Commercial and the front of the property is zoned RS -4 Single Family Residential. Mr. Barron explained that the purpose for the request is to facilitate the construction of a commercial parking lot at the rear of the property and continue to utilize the existing home on the property as a single family residence. He stated that the commercial zoning at the rear of the property would allow for a commercial parking lot, which would serve the existing office building located on the corner of Southwest Boulevard and Stadium Boulevard. Mr. Barron explained that the property would be divided via administrative parcel division along the zoning line, with the rear of the property being attached to the adjacent office property and the single family residential home located on its own lot. He stated that the applicants are simultaneously filing several driveway and setback variance requests to the Board of Adjustment. Mr. Mike Bates, Central Missouri Professional Services, 2500 E McCarty Street, spoke regarding this request. Mr. Bates distributed visuals depicting the area to be rezoned and the proposed parking lot layout. He explained that the proposed parking lot would have to meet City requirements in regards to landscaping, buffering, stormwater, etc., as we get into the administrative process and submit final plans. Mr. Bates stated that the visual shows that the proposed parking lot is practical. No one spoke in opposition to this request and no correspondence was received. Mr. Barron gave the Planning Division staff report. Ms. Cotten moved and Mr. Dutoi seconded to approve the comprehensive plan amendment request to show the 1,120 square foot property as Commercial on the Development Plan Map of the Comprehensive Plan. The motion passed 8-0 with the following votes: Aye: Cotten, Deeken, Dutoi, George, Hall, Lester, Markus, Vaughan Ms. Cotten moved and Mr. Dutoi seconded to recommend approval of the request to rezone 1,120 square feet of the property from RS -4 to C -O to the City Council. The motion passed 8-0 with the following votes: Aye: Cotten, Deeken, Dutoi, George, Hall, Lester, Markus, Vaughan Jefferson City Planning & Zoning Commission November 9, 2017 Page 3 Case No. P17022 —Text Amendment Pertaining to Historic Preservation Review of Demolition Proposals. Request filed by city staff to amend the text of Chapter 8, Buildings and Building Regulations, establishing procedures and regulations with respect to Historic Preservation Commission review of demolition proposals. The proposed regulations would include provisions that could prevent the issuance of demolition permits for structures meeting certain requirements and found to be historically significant. 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 amendment to Chapter 8 of the City Code would establish a tiered structure for review of demolition proposal for historic significance: (1) buildings less than 50 years old, no review process; (2) buildings 50-100 years old, keep the current historic preservation review process in place; and (3) buildings greater than 100 years old, establish a new process wherein the Historic Preservation could deny a demolition permit based on findings of historic significance. He stated that the proposed amendment would establish the following processes: (1) Historic Preservation Demolition Review - review of demolition permit proposals for structures between 50 and 100 years old, or located within a National Register District, or designated a local landmark, by the Historic Preservation Commission. The review process is largely advisory in nature, and cannot prevent a demolition permit issuance; and (2) Historic Preservation Demolition Clearance — review and issuance of clearance for demolition permit proposals for structures greater than 100 years old or located in a local historic district. The issuance of clearance is required prior to demolition permit issuance. Mr. Barron explained that approval of clearance or review would be valid for a period of one year, and would have no tie to the current property owner. This would allow for a property owner to pursue historic preservation review independently from plans to actually demolish the structure. This allows historic preservation review to proceed in anticipation of a real estate transaction, as a single piece of a development plan involving multiple properties, etc. He stated that penalties for demolition without a permit are outlined in Section 8-37, and include misdemeanor designation punishable by fine of up to $500 and/or 180 days imprisonment. Mr. Deeken commented that there needs to be a review process in place for any structures 50 to 75 years of age. He stated that large portions of Hayselton Drive and Moreland Avenue would not meet the 100 year threshold. Mr. Deeken explained that there should be harsh penalties for demolition. Mr. Lester referred to a comment in the correspondence that suggested the penalty should be set higher than $500.00. Mr. Wolford explained that the general ordinance violation penalties range from $1.00 to $1,000.00 or 180 days in jail. Mr. Lester suggested setting the penalty at $950.00. Mr. Lester referred to a comment pertaining to the age of the structure which suggested setting it at 75 years rather than 100 years. Mr. Barron explained that the age of the structure could be set at any year. Mr. Dutoi inquired whether the demolition clearance process is transferrable. Mr. Barron explained that the demolition clearance process applies to the structure. He stated that the approval of clearance or review would be valid for a period of one year, and would have no tie to the current property owner. Mr. Barron explained that the demolition clearance process would be separate from the actual issuance of a demolition permit so that it could be accommodated before the transfer of a property. Mr. Lester inquired in the current process how do we go about making the penalty more severe. Mr. Wolford explained that as proposed the penalty provision is contained in Section 8-37 and is applicable to all violation of regulation contained in Chapter 8. He stated that a change could be made to the Chapter 8 violations, such as making all Chapter 8 violations general code violations which is up to $1,000 or up to 180 days in jail, or a separate violation section applicable to just this issue could be contained in the proposed ordinance where the penalty for unlawful demolition is up to $1,000 or 180 days in jail. Jefferson City Planning & Zoning Commission November 9, 2017 Page 4 The following individuals spoke in favor of this request: Tammy Boeschen, President, Historic City of Jefferson, 728 Deer Creek Road. The Historic City of Jefferson initiated this ordinance change process in 2014. Historic City of Jefferson has two concerns regarding the age specified in the Historic Preservation Demolition Review and the Historic Preservation Demolition Clearance. The Historic City of Jefferson suggests the following: (1) raise the age of the structure to 75 years or older; (2) establish a process to determine the true age of the structure; and (3) raise the penalty from $500.00 to $1,000.00. Paul Graham, Historic City of Jefferson Member, 1507 Greenberry Road. Mr. Graham wrote the first two drafts of the ordinance mentioned by Ms. Boeschen. He stated that he would like to see this ordinance go forward as is. While he preferred for it to have more teeth to it, he stated that there would be an ordinance that allows us to say no to unlawful demolition. No one spoke in opposition to this request. Other individuals speaking regarding this request include: Mr. Art Hernandez, Historic Preservation Commission Chairman, 1616 Bunker Hill Road. Mr. Hernandez commented that he would like the Planning and Zoning Commission to look at the original ordinance located online. He is in favor of the proposed ordinance moving forward, He is concerned with the age of structure and the penalty. As penalties are concerned the initial proposal would treat it as a Class A Misdemeanor which would be a $1,000 fine or up to a year in jail. The proposed ordinance does not change anything for those structures between 50 and 100 years old. Correspondence was received from the following individuals: Greg & Vicki Schildmeyer, 1803 Tanner Bridge Road Jim Kreider, 526 E Capitol Avenue, Apt. H Steve Veile, Communique, 512 E Capitol Avenue Janet Maurer, 3804 Wardsville Road Dottie Summers Dallmeyer, 3714 Wardsville Road Terri Rademan, no address included in email Pam Taylor, no address included in email J Dalton Turner, 131 Forest Hill Avenue Claudia Gooden, no address include in email Historic City of Jefferson Jefferson City Board of Realtors, PO Box 105056 Mr. Barron gave the Planning Division staff report. Motion #1: Mr. Dutoi moved and Mr. Vaughan seconded to recommend approval of the City Code Amendment Pertaining to Historic Preservation Review of Demolition Proposals to the City Council. Motion #2: Mr. Deeken moved and Mr. Lester seconded to amend Motion #1 to change the minimum structure age applicable to the demolition clearance process from 100 to 75. Discussion: Ms. Cotten asked Ms. Abbott how long did it take to determine the value of the years that have been set forth. Ms. Abbott explained that initial ordinance specified the age of the structure as 50 years based off of comments received from the public. Mr. Dutoi commented that his preference is 100 years, however 50 years is unreasonable. He stated that 75 years is a good compromise. Mr. Dutoi explained that in 10 years structures mentioned in various areas of the city will be at that 100 year threshold. Jefferson City Planning & Zoning Commission November 9. 2017 Page 5 With no additional discussion, Motion #2 to amend Motion #1 passed 7-1 with the following roll call vote: Aye: Deeken, Dutoi, George, Hall, Lester, Markus, Vaughan Nay: Cotten Motion #3 Mr. Lester moved and Mr. Deeken seconded to further amend Motion #1, as amended, to place the penalty from $500 to $950 for noncompliance and establish a section in the ordinance pertaining to Historic Preservation Review of Demolition Proposals. Mr. Dutoi inquired whether Mr. Lester's motion would eliminate the jail time penalty. Mr. Wolford suggested that Mr. Lester make his amendment to have the penalty provision considered a general ordinance violation. He explained that the range of penalty is up to $1,000.00 or up to 180 days in jail. Mr. Barron clarified that the penalty is up to $500.00 which is located in Chapter 8 of the City Code. He suggested that Mr. Lester withdraw his amendment restate it and re -second it. Mr. Lester withdrew Motion #3. Motion #4 Mr. Lester moved and Mr. Deeken seconded to further amend Motion #1, as amended, to place the violation of these rules within the general ordinance violation of the City Code and establish a penalty of up to $1,000.00 and up to 180 days in jail. With no additional discussion, Motion #4 passed 8-0 with the following roll call vote: Aye: Cotten, Deeken, Dutoi, George, Hall, Lester, Markus, Vaughan With no additional discussion, Motion #1, as amended passed 7-1 with the following roll call vote: Aye: Deeken, Dutoi, George, Hall, Lester, Markus, Vaughan Nay: Cotten Motion #1 as amended and passed: Planning and Zoning Commission recommend approval of the City Code amendment pertaining to Historic Preservation Review of Demolition Proposals to the City Council with the following recommended amendments: - Modification of the minimum structure age applicable to the demolition clearance process from 100 years to 75 years. - Insertion of a penalty provision, specific to unlawful demolition with respect to historic preservation review, of up to $1,000 and up to 180 days in jail. Other Business A. Staff updates on prior cases Zoning Code Text Amendment regarding Short Term Rentals is on hold pending finalization of amendments to other sections of the City Code. The text amendment will proceed to City Council with the other amendments once finalized. B. Adopt 2018 Meeting Schedule Mr. Dutoi moved and Ms. Cotten seconded to adopt the 2018 meeting schedule as proposed: Aye: Cotten, Deeken, Dutoi, George, Hall, Lester, Markus, Vaughan 8. Adjourn. There being no further business, the meeting adjourned at 7:04 p.m. Respectfully Submitted, Eric Barron, Assistant Secretary