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HomeMy Public PortalAbout2018-05-10 minutesMINUTES JEFFERSON CITY PLANNING AND ZONING COMMISSION May 10, 2018 5:15 p.m. COMMISSION MEMBERS PRESENT Bunnie Trickey Cotten Jack Deeken Bob George* Chris Jordan, Chairman Michael Lester David Nunn Dale Vaughan Chris Yarnell, Vice Chairman Michelle Mahoney, Alternate *Arrived Late COMMISSION MEMBERS ABSENT Dean Dutoi Matthew Hall, Alternate Blake Markus, Alternate COUNCIL LIAISON PRESENT Carlos Graham, Council Liaison ATTENDANCE RECORD 8 of 9 8 of 9 7 of 9 9 of 9 8 of 9 6 of 9 8 of 9 6 of 9 6 of 9 3 of 9 3 of 9 5 of 9 STAFF PRESENT Sonny Sanders, Director of Planning & Protective Services Bryan Wolford, Associate City Counselor Eric Barron, Planning Manager David Bange, City Engineer Shane Wade, Civil Engineer II Ian Zollinger, Planner Anne Stratman, Administrative Assistant 1. Call to Order and Introduction of Members, Ex -officio Members and Staff The Chairman, six regular members and one alternate was present. A quorum was present. Designation of Voting Alternates The Chairman announced that all regular members and Alternate Michelle Mahoney are eligible to vote. 2. Procedural Matters and Procedures Explained Mr. Zollinger explained the procedures for the meeting. The following documents were entered as exhibits. Mr. Zollinger 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. Zollinger 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 May 10, 2018 3. Adoption of Agenda Ms. Cotten moved and Mr. Yarnell seconded to adopt the agenda as printed. The motion passed 7-0 with the following votes: Aye: Cotten, Deeken, Lester, Mahoney, Nunn, Vaughan, Yarnell 4. Approval of Minutes of the Regular Meeting of April 12, 2018 Ms. Cotten moved and Mr. Nunn seconded to approve the minutes of the Regular Meeting of April 12, 2018 as written. The motion passed 7-0 with the following votes: Aye: Cotten, Deeken, Lester, Mahoney, Nunn, Vaughan, Yarnell 5. Communications Received Correspondence was received for Case No. P18010 and Case No P18011. 6. New Business/Public Hearings Mr. Zollinger explained that on January 2, 2018 the City Council amended Chapter 35, Zoning establishing short term rentals of a residence or lodging as a permitted use in the commercial and mixed use districts and as a special exception use in the residential and industrial districts. Mr. Zollinger explained some of the requirements that short term rental uses would be subject to. Case No. P18008 - 1001 West High Street, Special Exception Permit. Request filed by Mike and Lisa Yungbluth, owners, for a Special Exception Permit to operate a Short Term Rental. The property is located on the southwest corner of the intersection of Brooks Street and West High Street. The property is described as the Northeasterly part of Lot No. 1, in Block No. 8, of Crandall's Addition (also known as Lower Jefferson Addition), City of Jefferson, Missouri. Mr. Zollinger described the proposal and explained that the property is zoned RA -2 High Density Residential and the current use is a triplex apartment building. He stated that applicants are requesting to use two units of the existing three unit building as Short Term Rental units with the possibility of utilizing the third unit in the future. Mr. Zollinger explained that the third unit is currently occupied by a tenant. He stated that the applicant would like the option to have all three units available for short term rentals. Mr. George arrived at 5:40 p.m. Mr. Jordan announced that Mr. George is not eligible to vote on this case. He is eligible to vote on the remaining cases. Mr. Mike Yungbluth, 2107 Scenic Drive, spoke regarding this request and explained that he would like to have all three units available for Short Term Rental. He stated that he would like the flexibility of long and short term rental as market conditions dictate. Mr. Yungbluth explained that the top unit is currently occupied by a long term tenant. No one spoke in opposition to this request and no correspondence was received. Mr. Zollinger gave the Planning Division staff report. Mr. Nunn moved and Mr. Vaughan seconded to recommend approval of the request for a Special Exception Permit for a Short Term Rental to the City Council. The motion passed 7-0 with the following votes: Aye: Cotten, Deeken, Lester, Mahoney, Nunn, Vaughan, Yarnell Case No. P18009 - 1632 Tanner Bridge Road, Special Exception Permit. Request filed by Mary Creed and Joseph McFerron, owners, for a Special Exception Permit to operate a Short Term Rental. The property is located on the northwest corner of the intersection of Tanner Bridge Road and Flora Drive. The property is described as Lot.56, Southwood Hills Addition, City of Jefferson, Cole County, Missouri. Mr. Zollinger described the proposal and explained that the property is zoned RS -2 Single Family Residential and is currently used as a single family residence. He stated that the applicants are requesting a special exception permit for the Short Term rental of a Lodging Room. Mr. Zollinger Minutes/Jefferson City Planning & Zoning Commission Page 3 May 10, 2018 explained that the City Code states that a maximum of one rental space may be rented to guests. He stated that the applicants have a living room area and one bedroom set aside as the rental space that is offered to guests. Mr. Zollinger explained that the applicants have stated in their narrative that because of the layout of the rental space, only three guests would be allowed at one time which is allowed in the City Code. He stated that the applicants have considered purchasing a "Guest Parking" sign that would be attached to a wooden wall near the garage and would not exceed the 1 sf allowance for Short Term Rentals and would not be lighted. Ms. Missy Creed, 1632 Tanner Bridge Road, spoke regarding this request and explained that they are applying for a Special Exception permit to continue hosting guests. She stated that they stay at Air BnB's when they travel. Ms. Creed explained that Air BnB's are review based and that before anyone stays in their home she checks reviews from previous hosts. She stated that since Air BnB's are heavily review based guests do not want bad reviews and are generally on their best behavior. Dr. Linda Landon, 1811 Forest Park Court, spoke in favor of this request and explained that Ms. Creed sought advice from experienced Air BnB renters before she started her own Air Bnb. She stated that Ms. Creed recently started JeffCityBlog.com to attract tourists to Jefferson City. No one spoke in opposition to this request and no correspondence was received. Mr. Zollinger gave the Planning Division staff report. Ms. Cotten moved and Mr. Lester seconded to recommend approval of the request for a Special Exception Permit for a Short Term Rental to the City Council. The motion passed 8-0 with the following votes: Aye: Cotten, Deeken, George, Lester, Mahoney, Nunn, Vaughan, Yarnell Case No. P18010 - 412 Cherry Street, Special Exception Permit. Request filed by Gerardo and Staci Cornejo, owners, for a Special Exception Permit to operate a Short Term Rental. The property is located on the southwest corner of the intersection of Cherry Street and E Handley Way. The property is described as Part of Inlot No. 644, City of Jefferson, Missouri. Mr. Zollinger described the proposal and explained that the property is zoned RA -2 High Density Residential and is currently used as a single family residence. He stated that in their narrative the Applicant stated that their max adult capacity is advertised as six. Mr. Zollinger explained that the City Code only allows for five unrelated persons or any number of persons related by blood, marriage or adoption shall be permitted as lodging guests. Mr. Gerardo Cornejo, owner of 412 Cherry Street, and resides at 3822 Viola View, spoke regarding this request. He explained that they are requesting a Special Exception permit to allow a minimum of six guests. Mr. Cornejo stated that they average approximately 10 to 15 stays per month. He explained that they offer two bedrooms and a pullout couch in a newly renovated house. Mr. Cornejo stated that they had one bad experience where a new member joined Air Bnb in February 2018, had no reviews and had not stayed at an Air Bnb before. He explained that the rules they had posted were ignored and the renter caused a huge disruption. He explained that because of that experience they only accept members listed on Air Bnb. Mr. Cornejo stated that he concurs with the City Code maximum of five unrelated guests. No one spoke in opposition of this request. Correspondence was received the following individuals: Bill Meyer, 724 E. McCarty Street Jane Beetem, 1612 Payne Drive Mr. Zollinger gave the Planning Division staff report. Minutes/Jefferson City Planning & Zoning Commission Page 4 May 10, 2018 Mr. Yarnell moved and Mr. Vaughan seconded to recommend approval of the request for a Special Exception Permit for a Short Term Rental with five unrelated guests to the City Council. The motion passed 8-0 with the following votes: Aye: Cotten, Deeken, George, Lester, Mahoney, Nunn, Vaughan, Yarnell Case No. P18011 - 134 West Circle Drive, Special Exception Permit. Request filed by Brad and Julie Fitzmaurice, owners, for a Special Exception Permit to operate a Short Term Rental. The property is located 250 feet north of North Circle Drive and is described as Lot D of Linhardts Subdivision, City of Jefferson, Missouri. Mr. Zollinger described the proposal and explained that the property is zoned RS -3 Single Family Residential and is currently used as a single family residence. He stated that there are no plans to install signage on the property. Ms. Julie Fitzmaurice, owner of 134 W. Circle Drive, currently reside in Lees Summit, Missouri, spoke regarding this request and explained that they travel extensively and use Air BnB's. She stated that she sent letters to neighboring property owners inviting them to an open house. Ms. Fitzmaurice addressed concerns noted in correspondence received from Ms. Patricia Taggart. Ms. Fitzmaurice stated that the property has not been rented at this time. No one spoke in opposition to this request. Correspondence was received from Ms. Patricia Taggart, 136 Boonville Road. Mr. Zollinger gave the Planning Division staff report. Mr. Nunn moved and Ms. Cotten seconded to recommend approval of the request for a Special Exception Permit for a Short Term Rental to the City Council. The motion passed 8-0 with the following votes: Aye: Cotten, Deeken, George, Lester, Mahoney, Nunn, Vaughan, Yarnell Case No. P18012 - 1129 Cedar City Drive, Special Exception Permit. Request filed by Joshua Korte, owner, for a Special Exception Permit to operate an outdoor mulch production, sales and composting facility. The property is described as part of the South half of Section 9, Township 44 North, Range 11 West, City of Jefferson, Callaway County, Missouri. Mr. Zollinger described the proposal and explained that the property consists of 6.82 acres of property zoned as M-1 Light Industrial District. He stated that the applicant is planning on using the property for an outdoor mulch production sales and composting facility. Mr. Zollinger explained that the zoning code states that for a site with this type of use a Special Exception Permit is required. He stated that the applicant has requested the fence around the property be a particular type of fence for their security needs. Mr. Zollinger explained that the current use of the property is an auto repair shop and agricultural. He stated that signage and lighting must adhere to the allowances of the M-1 zoning district. Mr. Zollinger explained that staff recommends the parking lot and parking lot entrance to the site be paved according to City Code. He stated that the proposed use of the outdoor mulch production, sales and composting facility is consistent with the general use of the area. Mr. Joshua Korte, owner of 1129 Cedar City Drive and resides at12510 County Road 4031 Holts Summit, MO, spoke regarding this request and explained that the applicant is planning on constructing a 5,760 square foot agricultural building with two sides being open in order to store tractors, trailers and trucks under one roof. No one spoke in opposition to this request and no correspondence was received. Mr. Zollinger gave the Planning Division staff report. Mr. Wade addressed questions regarding the floodplain. Minutes/Jefferson City Planning & Zoning Commission Page 5 May 10, 2018 Mr. Lester moved and Mr. George seconded to recommend approval of the Special Exception Permit subject to technical edits subject and to corrections of the Planning and Engineering Divisions to the City Council. The motion passed 8-0 with the following votes: Aye: Cotten, Deeken, George, Lester, Mahoney, Nunn, Vaughan, Yarnell 7. Other New Business Case No. P18013 — 2303 West Main Street, Appeal of Sidewalk Deferral Decision. Request filed by St. Joseph Cathedral School for an appeal of denial of sidewalk deferral. Sidewalk construction requirements amount to approximately 1050 feet of sidewalk along West Main Street, triggered by a planned expansion of the school building. The property is located on the south side of West Main Street at the intersection of Binder Drive. Mr. Barron explained that appeals are usually directed to the Board of Adjustment. He stated that in this case appeals for sidewalk deferral variances are heard by the Planning and Zoning Commission. Mr. Baron explained that all people giving testimony or comments shall be sworn in. The reason for this is that this case is an appeal, and appeals are handled differently than normal cases. If an applicant or other interested party disagrees with the decision, the only route they can pursue is through Circuit Court therefore testimony needs to be admissible in court. At this time, Chairman Jordan asked those wishing to speak on this case to please stand and be sworn in. Mr. Barron gave an overview of sidewalk construction requirements and options to request a deferral. He stated that the current ordinance dealing with the sidewalk construction requirement was established in 2008 and a Sidewalk Plan was adopted the following year. Mr. Barron explained that sidewalk construction is triggered by building additions, parking lot additions and new subdivision plats and requirements are limited to 5% of the construction costs of the project. He stated that a process was established, where deferrals could be granted for specific situations, which is not a variance for sidewalk construction but a delay in construction, where sidewalks would be constructed by the property owner at a future date. Mr. Barron explained that a 4,000 square foot addition to the school's gymnasium triggered the requirement for sidewalk construction. He stated that the project cost is approximately $1.75 million. He stated that the property frontage including the school and the Cathedral is 1,035 square feet. Mr. Barron explained that the property owner filed a request for sidewalk deferral based on four criteria. He stated that the Director reviewed the request and determined that the situation did not meet the criteria, and denied the deferral with responses to each of the criteria citied in the application. Mr. Barron explained that the appeal request is based on one of the criteria, that the sidewalk construction would create an unusual hardship. He stated that Staff's position is that the deferral request was properly denied and that the situation is not unique among similarly situated properties and in fact ranks high in terms of need for sidewalks, being located in front of a church and school, in a residential area, near a park, and with another school located a short distance away. Mr. Barron explained that sidewalks exist on the south side of West Main Street from West Elementary to Forrest Hill Avenue. He stated that the issue before the Commission is an appeal as to whether the decision or interpretation by the Director was in accordance with the intent and requirements of the Ordinance. Mr. Barron explained that the three actions available to the Commission are to Affirm, Reverse, or Remand the decision. He stated that an action to Reverse or Remand must state the rationale for the decision. Ms. Cotten left the room at 7:08 p.m. Chairman Jordan called for a recess. The meeting reconvened at 7:18 p.m. Mr. Spencer Allen, 912 Martin Way, Principal of St. Joseph Cathedral School, spoke regarding this request and distributed a handout regarding the sidewalk deferral appeal. He explained that St. Joseph Cathedral School is currently constructing a gymnasium expansion to provide additional practice space to keep students from having late night practices as well as to increase access to fine arts offerings. He stated that the primary concern is safety for the students. Mr. Allen agrees that this is the type of street that needs a sidewalk. He stated that there is a fully complete sidewalk and crosswalk across the street. He stated that their argument is not sidewalks to nowhere, or cost, Minutes/Jefferson City Planning & Zoning Commission Page 6 May 10, 2018 consistently our main argument has been safety, the same argument the City has. Mr. Allen explained that this is one of the most dangerous places for students to cross as there are no connecting sidewalks on the south side of the street in the area of St. Joseph Cathedral. He stated that the nearest sidewalk ends just east of Forest Hill Avenue. Mr. Allen explained that from the end of this sidewalk to the St. Joseph Cathedral property, the area where a sidewalk would be constructed, is currently a steep hill from the back of the curb to existing yards which sit up higher than the street. He stated that during arrival 230 cars crossed our main entrance and during the same time period, only 30 turned onto Binder Drive. Mr. Allen explained that if sidewalks are constructed along the south side of West Main Street this would make it inviting for students to hop on the sidewalk without messing with the crosswalk and then end up in an area where there is no safe and controlled crossing point. He stated that the property owner would not be opposed to sidewalks on the south side of West Main Street if they connected with other sidewalks and feel that a public project could be needed in the future to make this happen. Mr. Jeff Wilson, 2020 Saddlebrooke Lake Road, spoke regarding this request. Mr. Wilson is with Sircal Contracting, the general contractor for the addition to St. Joseph Cathedral School. Mr. Wilson explained that constructing a sidewalk on the south side of West Main Street would require extensive redesign and regrading of all drive entrances on West Main Street. He stated that the estimated project cost is $125,000 to $175,000 which includes engineering costs. Mr. Wilson explained that the construction of this sidewalk would be a completely separate project from the school addition as it is on the other side of the building. He stated that there are no other construction activities in conjunction with this addition. Mr. Wilson explained that he is a parishioner of St. Joseph Cathedral and we need to be concerned with the safety of our kids and not construct a sidewalk that does not connect with any other sidewalks. Mr. Brian McMillian, Central Missouri Professional Services, 2500 E. McCarty Street, spoke regarding this request and explained that design of sidewalks would fall under this purview. He stated that the design would involve extensive survey work along the front of the property that is not included as part of the current school addition and would be an added cost for extra design work. Mr. McMillian explained that West Main Street was not built and designed to accommodate sidewalks. He stated that this project would require extensive redesign of driveways. Mr. McMillian explained that during the Mid -1980's it was decided not to build sidewalks along the south side of West Main Street. Mr. Andrew Lenart, 114 Boonville Road, spoke in favor of this request. No one spoke in opposition to this request and no correspondence was received. Mr. Barron explained that staff has nothing else to add as part of their closing statement. Mr. Spencer Allen, in his closing argument, stated that the City has not shown how this sidewalk that won't be totally completed and is going to lead the kids to a not visible middle of the block abrupt end forcing students to cross a section of roadway that in a period of 20 minutes 269 cars go through at that time. He explained that it a hardship has been created when the City has not addressed the safety issues. Mr. Jeff Wilson, stated that as a citizen of Jefferson City there are loopholes in our sidewalk code and this entire process. There are a lot of questions that cannot clearly be answered. As a citizen this needs to be addressed in the future. Mr. Deeken commented that we have dealt with sidewalk issues for years. This is going to truly be a sidewalk to nowhere. Mr. Nunn commented that based on the arguments made safety should be included as a general item on the deferral application. Mr. George commented that this is a sidewalk to nowhere. Minutes/Jefferson City Planning & Zoning Commission Page 7 May 10, 2018 Mr. Jordan explained that the motion should be made to affirm, reverse or remand the decision. Mr. Yarnell moved and Mr. Nunn seconded to reverse the Director's decision and accept the deferral. The motion passed 8-0 with the following roll call vote: Aye: Cotten, Deeken, George, Lester, Mahoney, Nunn, Vaughan, Yarnell 8. Other Business A. Presentation of Plaques for outgoing members Bob George and David Nunn • Chairman Jordan presented a plaque to Bob George for his service from 2000 to 2018. • Chairman Jordan presented a plaque to David Nunn for his service from 1989 to 2018. B. Staff updates on prior cases • Final Subdivision Plat of Cliffside Estates • Rezoning of 994 Diamond Ridge from C -O to C-1 9. Adjourn. There being no further business, the meeting adjourned at 8:28 p.m. Respectfully Submitted, Eric Barron, Assistant Secretary