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2018-05-10 packet
Notice of Meeting & Tentative Agenda oil M w 1925 City of Jefferson Planning and Zoning Commission Thursday, May 10, 2018 — 5:15 P.M. City Council Chambers, John G. Christy Municipal Building, 320 East McCarty Street Enter through Main Lobby All interested parties will be given a chance to be heard. TENTATIVE AGENDA 1. Call to Order and Introductions 2. Procedural Matters • Determination of quorum and designation of voting alternates • Call for cases • Receive and review requests for continuance • Receive requests for reordering the agenda • Format of hearing • List of exhibits 3. Adoption of Agenda (as printed or reordered) 4. Approval of the Regular Meeting Minutes of April 12, 2018 5. Communications Received 6. New Business/Public Hearings 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. 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. 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. 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. Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Please call (573) 634-6410 with questions regarding agenda items. Agenda/Je.feison City Planning & Zoning Commission May 10, 2018 Page 2 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 1 1 West, City of Jefferson, Callaway County, Missouri. 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. 8. Other Business A. Presentation of Plaques for outgoing members Bob George and David Nunn B. Staff updates on prior cases 9. Adjourn Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Please call (573) 634-6410 with questions regarding agenda items. MINUTES JEFFERSON CITY PLANNING AND ZONING COMMISSION April 12, 2018 5:15 P.M. COMMISSION MEMBERS PRESENT Bunnie Trickey Cotten Jack Deeken Chris Jordan, Chairman David Nunn Dale Vaughan Chris Yarnell, Vice Chairman COMMISSION MEMBERS ABSENT Bob George Dean Dutoi Michael Lester Matthew Hall, Alternate Michelle Mahoney, Alternate Blake Markus, Alternate COUNCIL LIAISON PRESENT Erin Wiseman, Council Liaison ATTENDANCE RECORD 7of8 7 of 8 8of8 5 of 8 7of8 5 of 8 6of8 3 of 8 7 of 8 3 of 8 5 of 8 5 of 8 STAFF PRESENT Sonny Sanders, Director of Planning & Protective Services Bryan Wolford, Associate City Counselor Eric Barron, Planning Manager David Bange, City Engineer Alex Rotenberry, Planner Ian Zollinger, Planner Anne Stratman, Administrative Assistant 1. Call to Order and Introduction of Members, Ex -officio Members and Staff The Chairman and five regular members were present. A quorum was present. Designation of Voting Alternates The Chairman announced that all regular members 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 April 12, 2018 Page 2 3. Adoption of Agenda Mr. Yarnell moved and Mr. Nunn seconded to adopt the agenda as amended. The motion passed 5-0 with the following votes: Aye: Cotten, Deeken, Nunn, Vaughan, Yarnell 4. Approval of Minutes of the Regular Meeting of March 8, 2018 Ms. Cotten moved and Mr. Vaughan seconded to approve the minutes of the Regular Meeting of March 8, 2018 as written. The motion passed 5-0 with the following votes: Aye: Cotten, Deeken, Nunn, Vaughan, Yarnell 5. Approval of Minutes of the Special Meeting of March 29, 2018 Ms. Cotten moved and Mr. Vaughan seconded to approve the minutes of the Special Meeting of March 29, 2018 as written. The motion passed 5-0 with the following votes: Aye: Cotten, Deeken, Nunn, Vaughan, Yarnell 6. Communications Received Correspondence was received for Case No. P18007. 7. New Business/Public Hearings Request filed by Irvine Capital Management LLC, applicant, and Jefferson City Chamber of Commerce, property owner, for a Preliminary PUD Plan to construct a 10,116 sf medical office building. The property is located at the Northwest Corner of the intersection of West Edgewood Drive and Wildwood Drive. The property is described as part of Lot 2 of C.C. West Subdivision, Section 2, in the City of Jefferson, Missouri. (CMPS, Consultant). Mr. Zollinger described the proposal and explained that the property consists of 3.35 acres zoned PUD, Planned Unit Development. He stated that the subject property is a portion of a larger tract that the applicant proposes to divide via a parcel division. Mr. Zollinger explained that the applicant proposes constructing a 10,116 sf medical office building to serve as a clinic for the Department of Veteran Affairs. He stated that the preliminary plan also displays the possibility of a future addition of 6,603 sf west of the proposed building. Mr. Brian McMillian, Central Missouri Professional Services, 2500 E. McCarty Street, spoke regarding this request. Mr. McMillian distributed visuals depicting the Preliminary PUD Plan and a rendering of the proposed development. He stated that the proposed development will be a good fit for this area. No one spoke in opposition to this request. Correspondence in support of this request was received from Frank Jung. Mr. Zollinger gave the Planning Division Staff report. Mr. Bange gave the Engineering Division staff report. Mr. Vaughan moved and Mr. Yarnell seconded to recommend approval of the Preliminary PUD Plan with the establishment of a permitted use limited to a medical/dental clinic or office building and establishment of an underlying zoning of C-1 Neighborhood Commercial for the purposes of determining signage and lighting, subject to technical corrections of the Planning and Engineering Divisions. The motion passed 5-0 with the following votes: Aye: Cotten, Deeken, Nunn, Vaughan, Yarnell 8. Other Business A. Southside/Old Munichburg Neighborhood Plan — Staff Initiated Rezoning Proposal Presentation Mr. Barron discussed that staff have been working on a rezoning proposal for an area in the Southside/Old Munichburg area. Staff are currently looking at an expanded area from what was originally contemplated, and hope to finalize the proposal in the next one to two months. B. Staff updates on prior cases No update was given at this time. 9. Adjourn. There being no further business, the meeting adjourned at 6:00 p.m. Respectfully Submitted, Eric Barron, Assistant Secretary Jefferson City Planning & Zoning Commission May 10, 2018 Case No. P18008 Mike & Lisa Yungbluth 1001 W. High Street Special Exception Permit for a Short Term Rental PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION May 10, 2018 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), to the City of Jefferson, Missouri. Nature of Request This request is for the property owners to come into compliance with the recent change in city code to accommodate short term rentals in residential zoning districts. The use of a residence as a Short Term Rental must be approved for a Special Exception Permit and comply with Section 35-41.B.35 of the Jefferson City Code. Staff Analysis Number of Guests and Rooms: The applicants are requesting to use 2 units of the existing 3 unit building as Short Term Rental units with the possibility of the 3rd unit in the future. Section 35-413.35b(3)(a). Allows for a maximum of 5 unrelated persons or any number of persons related by blood, marriage or adoption shall be permitted as lodging guests per unit. Signage: There are no plans to install signage on the property. Parking: No additional parking spaces are required to accommodate the change in use. Zoning And Surrounding Land Use Current Zoning: RA -2 Residential High Density Current Use: Apartment/Triplex Staff Recommendation Staff Recommends approval of the proposed Special Exception Permit. The applicant has addressed the criteria necessary for a short term rental. Approve Deny Neutral Staff Recommendation X Form of Motion Motion to approve the request for a Special Exception Permit for a Short Term Rental. Surrounding Zoning Surrounding Uses North RA -2 Single Family Residential South RA -2 Duplex East RA -2 Apartments/Fourplex West RA -2 Single Family Residential Staff Recommendation Staff Recommends approval of the proposed Special Exception Permit. The applicant has addressed the criteria necessary for a short term rental. Approve Deny Neutral Staff Recommendation X Form of Motion Motion to approve the request for a Special Exception Permit for a Short Term Rental. City of Jefferson Planning & Zoning Commission LOCATION MAP Ir, _r 110N x j r a r v 1f C, f n \ a lam.' 'bC1, t Case No. P18008 0 50 100 200 Feet N 1001 West High Street 4 Special Exception Permit (Short Term Rental) N f g i City of Jefferson Planning & Zoning Commission VICINITY Case No. P18008 0 150 300 600 Feet 1001 West High Street Special Exception Permit ( Short Term Rental) N W+E S City of Jefferson ct"Q� 2_ l Department of Planning 8 Protective Services 320 E. McCarty Street ., Jefferson City, MO 65101 Phone: 573-634-6410 icplanninq(@jeffcitymo.orq 0 a w .jeflersoncitymo.gov AY:_ - - APPI KATION FOR SPFCIAI- EXCEPTION Il r The undersigned hereby petitions the Planning and Zoning Commission and City Council of the City of Jefferson, Missouri for the followina Special Exception: O Proposed Land Use (include Reference Number from Land Use Matrix, site plan must be attached) Short lean rental use PropertvLocation/Address: tgolwestillghSbest Legal/Property Description: n Is Attached 0 I as follows: d 6 le: fV.--- _.._..-..__ Current Zoning District., R -z Does proiect involve a chance in zonina district? C O Yes. Proposed zonino If yes, a separate rezoning application is required The undersigned hereby state they are the owners of the real estate described above or in the attached exhibit who petition for special exception use: ALL OWNERS OF REAL PROPERTY INCLUDED IN THIS APPLICATION MUST SIGN THE APPLICATION, AND ALL SIGNATURES MUST BE NOTARIZED. IF ADDITIONAL SIGNATURES ARE NEEDED. PLEASE ATTACK SEPARATE SHEETS. Mike Yungbluth "'w✓" w Property Owner #1 Name (tvoe or print) 1 (' Prr'/\e ty' ne Si naturee7 ' I� Lisa Yungblulh l 1 ' a IIjjw\ b `� Property OWnpr, P2 Name (type or print) Property Owner nature 1_( ANN BOLING Subscribe .Ei �I ! 2`) day of VVlO in the vear aCtQ ST TtVbl ll�S RI al "omnOkyLbf (8 114 1/2 0 2 2 Notary Public MYt �mmt atn �41E36 11/20 Address of Property�w��� n #�8T1) 901 SGENic p/,I. G. M0 S/U Address of Property Owner #2 PhoneNumber(s): 573-45`9766 Applicant Information (if different from property owner): Name: Address: Phone Number(s) For City Use Only: Application Filing Fee $210 (Revised June 30, 2015) Pavment Received: Cash (Indicate Receipt # ) Check (Copy; indicate check # ) Attarhmantc- Site Dian Subdivision Plat Proiect Description Narrative Applicant Information Sheet Location Mar) Other documentation Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations oralternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Attachment to Special Zoning Permit Application for Mike Yungbluth at 1001 West High Street 1001 West High Street is a triplex located diagonally across the street from the water company. It is in an area zoned RA -2 which has multi -family buildings mixed with single family homes. This property should be allowed to have short term short term rentals because it will not negatively impact the neighbors or the community. Often the guests will rent for a month at a time. A permanent tenant resides in the upstairs unit who keeps me informed on what is going on there. I would like to allow AirBnB rentals for the middle and basement residences with the option of the 3rd unit in the future. The basement unit is a two bedroom unit with a kitchen and living room. People staying there enjoy the space and privacy since its entrance is around the back with a private driveway and yard. People staying also like that it feels more like home. The middle unit has a lot of historic charm since it has high ceilings, hardwood floors, and pocket doors. I believe this house was built in 1866. When I purchased the building nearly 20 years ago it was nearly condemned. I spent a great deal of time and money restoring it. I should be allowed to make use of the building as I see fit as long as it does not impact the neighbors. The accommodations my building provides are options that the hotels and motels do not provide to visitors. Following are comments regarding each of the items in section 35-41-13.35 of the zoning code: b.(2) No accessory structures will be used for sleeping or accommodation. b.(3) (a) I limit the maximum number of people to 4 for the basement unit and 3 for the middle unit due to the number of beds. b(3)(b) I have two complete apartment units that I would like to rent out for short term rental. I would like the option to rent out the 3rd unit in the building for short term rental in the future, b(4) I have no intention of installing signs. b(5) The property will not be used for receptions, parties, weddings, or similar activities. b(6) The basement unit has a private driveway. This is a corner lot so there is plenty of street parking. There has never been an issue with parking at this property. There is actually more parking available when used as a short term rental due to there being periods of vacancy. B(7) The appearance when used as a short term rental is actually superior than when not. Short term rental companies such as AirBnB have a strict review system. If appearances are not superior, bad reviews will be given and will negatively impact the number of bookings. AirBnB will also expel hosts from the system for too many negative reviews. I have been a landlord for 20 years and have had many problems over the years, particularly with drug addicts. I try my best to screen tenants but it is very difficult. Many times I will rent to someone who checks out as good prospect such as a single mom but then they let a drug dealer move in them without my permission. I have had the following problems: • A tenant overdosed and died in one of my units. • An autistic child with inadequate parents caused major water damage and a fire. Each instance was about $50,000 in damage. A tenant went to jail for assault and abandoned his property in the apartment. Because of the review system, AirBnB provides much better tenants. In summary, using my building for short term rental improves the parking and traffic situation. It improves the caliber of tenants and provides visitors to Jefferson City with more options for accommodations. Mike Yungbluth CHY of Jefferson Department of Planning 8 Protective Services 320 E. McCarty St. Jefferson City, NO 65101 April 26, 2018 Dear Property Owner: Carrie Terpin, Mayor Sonny Sanders, AICP, Director Phone: 573-634-6410 Fax: 573-634-6457 This letter is to notify you that the Jefferson City Planning and Zoning Commission will meet at 5:15 p.m. on Thursday, May 10, 2018 in the Council Chambers of the John G. Christy Municipal Building, 320 East McCarty Street, to consider the following matter (see map on back): 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. As a nearby landowner and/or neighbor, you have the privilege of attending this hearing. Unfortunately, we are unable to record comments received by telephone, however, written comments may be directed to the Planning and Zoning Commission in one of the following ways: e-mail: jcplanning@jeffcitymo.org fax: Dept. of Planning and Protective Services / Planning Division 573-634-6457 mail: Dept. of Planning and Protective Services / Planning Division John G. Christy Municipal Building, 320 E. McCarty Street Jefferson City, MO 65101 Written comments received on or before 1:00 p.m. on the day of the meeting will be made a part of the official record and copied and distributed to Commission members at the meeting. Those unable to provide written comments in advance are invited to deliver their comments to the Commission Chairman only at the meeting. Correspondence received after 1:00 p.m. will be included in the official record, but there is no guarantee that copies will be made for distribution to all Commission members. For your information, this case is tentatively scheduled for a public hearing in front of the City Council on, June 18, 2018. The City Council meets at 6:00 p.m. in the Council Chambers of the John G. Christy Municipal Building, 320 East McCarty Street. Information regarding this case may be viewed on the Planning and Zoning Commission webpage at: hftp://www.oeffersoncitymo.gov/qovernmenttplanning/planning and zoning commission.php If you have any questions concerning this matter, please feel free to contact us at 573.634.6475. Sincerely, Ian Zollinger Planner Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Please call (573) 634-6410 with questions regarding agenda items. Jefferson City Planning & Zoning Commission Page 1 Property Owner List Case No. P18008 1001 West High Street May 10, 2018 ANDERSON, ROBERT GEMINI ENTERPRISES L L C 3100 HOGAN DR P 0 BOX 104271 JEFFERSON CITY, MO 65109 JEFFERSON CITY, MO 65110 1008 W M CCARTY ST 1011 W HIGH ST DEBRAY PROPERTIES L L C DJS HOME IMPROVEMENT L L C 4312 TWISTED OAK DR 1314 RAYMOND RD SOUTH CHESTERFIELD, VA 23834 JEFFERSON CITY, MO 65109 1004 W MCCARTY ST 1015 W HIGH ST ROBERTSON, RUTH M MCKINLEY, KELLI C/O SCHRIMPF MANAGEMENT 200 BROOKS ST PO BOX 1351 JEFFERSON CITY, MO 65109 JEFFERSON CITY, MO 65102 200 BROOKS ST 316 BROOKS ST SILVEY, EDWARD R P C RENTALS L L C 1922 SUN MEADOW LN 1816 HUNTERS HAVEN DR JEFFERSON CITY, MO 65109 LOHMAN, MO 65053 218 BROOKS ST 306 BROOKS ST 312 BROOKS ST BARRIGA, CHERYL LANGUIDO 1017 W MAIN ST 2163 KEMMERER LN BOLINGBROOK, IL 60490-5035 YUNGBLUTH, MICHAEL J & LISA M 1015 W MAIN ST 2107 SCENIC DR JEFFERSON CITY, MO 65101-3984 ACCORD PROPERTIES L L C 1001 W HIGH ST (Subject Property) 315 S ROCK HILL RD ST LOUIS, MO 63119 MILLER, ELISABETH C 1019 W MAIN ST 1003 W HIGH ST JEFFERSON CITY, MO 65109 DAVIS, DONNELL REESE, TRUSTEE 1003 W HIGH ST 9450 KNOW PL NEW BLOOMFIELD, MO 65063 TRIAD PROPERTY L L C 1012 W HIGH ST PO BOX 104271 JEFFERSON CITY, MO 65110 ADRIAN, ROGER J & MARY E L, TRUSTEES 1005 W HIGH ST 2315 PLYMOUTH ROCK DR JEFFERSON CITY, MO 65109 INFINITY BUILDING SOLUTIONS L L C 1006 W HIGH ST 323 REDWING DR JEFFERSON CITY, MO 65101 EDDY, JAMES J R & CAROL A 310 BROOKS ST 2537 CEDAR RIDGE DR GERMANTOWN, TN 38138 1004 W HIGH ST Jefferson City Planning & Zoning Commission Page 2 Property Owner List Case No. P18008 1001 West High Street May 10, 2018 SCHLIEDER, CHARLES & NATALIE MISSOURI AMERICAN WATER CO 220 BROOKS ST C/O GENERAL TAX DEPT JEFFERSON CITY, MO 65109 DBA JC WATER WORKS 220 BROOKS ST PO BOX 5627 CHERRY HILL, NJ 08034 FARRIS, MIKAYLA R 906 W HIGH ST 222 BROOKS ST JEFFERSON CITY, MO 65109 222 BROOKS ST LONG, JAMES 18433 S 1225 RD NEVADA, MO 64772 929 W HIGH ST BAX, CHARLES A & PAM S 3015 S CEDAR CT JEFFERSON CITY, MO 65101 931WHIGH ST M W B PROPERTIES L L C 15114 DEER RUN RD HENLEY, MO 65040 927 W HIGH ST STEGEMAN, CAMERON R STEGEMAN, TYLER A 917WHIGH ST#A JEFFERSON CITY, MO 65109-1330 917 W HIGH ST RIBACK HOLDING & INVESTMENT ASSN PO BOX 937 COLUMBIA, MO 65201 912 W MCCARTY ST KROGSTAD, LINDA D 39573 FAHRNI RD RUSSELLVILLE, MO 65074 918 W MCCARTY ST 920 W MCCARTY ST RHYNE, MICK & VANDA L 313 BROOKS ST JEFFERSON CITY, MO 65109 313 BROOKS ST N W + E S Case No. P18008 1001 West High Street o ss o ao zio zaF Special Exception Permit 185 ft. Notification Buffer I Jefferson City Planning & Zoning Commission May 10, 2018 Case No. P18009 Mary Creed & Joseph McFerron 1632 Tanner Bridge Road Special Exception Permit for a Short Term Rental PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION May 10, 2018 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. Nature of Request This request is for the property owners to come into compliance with the recent change in city code to accommodate short term rentals in residential zoning districts. The use of a residence as a short term rental must be approved for a Special Exception Permit and comply with Section 35-41.B.35 of the Jefferson City Code. Staff Analysis Number of Guests and Rooms: The applicants are requesting a special exception permit for the Short Term rental of a Lodging Room. City Code states that a maximum of one rental space may be rented to guests. The applicants have a living room area and l bedroom set aside as the rental space that is offered to guests. The applicants have stated in their narrative that because of the layout of the rental space, only 3 guests would be allowed at one time which is allowed under section 35-41.B.35(3)(b) of the City Code . Signage: Currently there is no exterior signage. The applicants have considered purchasing a "Guest Parking" sign. This sign 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. Parking: No additional parking spaces are required to accommodate the change in use. Zoning And Surrounding Land Use Current Zoning: RS -2 Single Family Residential Current Use: Single Family Residential Staff Recommendation Staff Recommends approval of the proposed Special Exception Permit. The applicant has addressed the criteria necessary for a short term rental. Approve Deny Neutral Staff Recommendation X Form of Motion 1. Motion to approve the request for a Special Exception Permit for a Short Term Rental. Surrounding Zoning Surrounding Uses North RS -2 Single Family Residential South RS -2 Single Family Residential East RS -2 Single Family Residential West C -O Undeveloped Staff Recommendation Staff Recommends approval of the proposed Special Exception Permit. The applicant has addressed the criteria necessary for a short term rental. Approve Deny Neutral Staff Recommendation X Form of Motion 1. Motion to approve the request for a Special Exception Permit for a Short Term Rental. City of Jefferson Planning & Zoning Commission LOCATION MAP ---Fl tr r NI A / .•,� �I AP � F \�ORL �0 �Q FLORA DR AURORA AVE �o, �RS-2 PUD tt L R - r Case No. P18009 0 60 120 240 Feet N 1632 Tanner Bridge Road Special Exception Permit W+ G S City of Jefferson Planning & Zoning Commission VICINITY LN Case No. P18009 0 280 560 1,120 Feet N 1632 Tanner Bridge Road Special Exception Permit W+ E S City or Jefferson Department of Planning 8 Protective Services 320 E. McCarty Street Jefferson City, MO 65101 Phone: 573-634-6410 lcolanNnuAleffcitvmo. ora w Jeffersoncitymo.gov APPLICATION FOR SPECIAL EXCEPTION USE The undersigned hereby petitions the Planning and Zoning Commission and City Council of the City of Jefferson, Missouri for the following Special Exception: O Propos Land Use (include Referegce Number from Land Use Matrix, site plan must be attached) Property Location/Address j,U? 2- � " W 6.116 Llx. 44f, .J ltOYl U-�, . 0o LOSS a l Legal/Property Description: O Is Attached OIs as follows: Current Zoning District: ' _ 2 - Does Does project involve a change in zoning district? ONo 0 Yes, proposed zoning If yes, a separate rezoning application is required The undersigned hereby state they are the owners of the real estate described above or in the attached exhibit who petition for special exception use: ALL OWNERS OF REAL PROPERTY INCLUDED IN THIS APPLICATION MUST SIGN THE APPLICATION, AND ALL SIGNATURES MUST BE NOTARIZED. IF ADDITIONAL SIGNATURE77D,PL SEATTACHS A TE SHEETS. �h(n���operty'{Owner d##111 Name ,(type orprint) Prop raj O rSignature Pro erty Owner #2 Name (type or print)� Prop/ rop rty ner Signature Xry Subscribed and sworn before me this day of r� V _ in theyea My Co/hdWeEFs PdsRtuypdV7 We1r #1: Address of Property Owner #2 Phone Number(s): Applicant Information (if different from property owner): Name: Address: Phone Number(s) U-4111- 0151.-1 Mail., For City Use Only: Application Filing Fee $210 (Revised June 30, 2015) Payment Received: Cash (Indicate Receipt # ) Check (Copy; indicate check # ) Attachments: Site plan Subdivision Plat Project Description Narrative Applicant Information Sheet Location Map Other documentation Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. We, Joe McFerron and Missy Creed, are seeking a Special Exception Use Permit for our Short Term Rental Airbnb located at 1632 Tanner Bridge Rd Jefferson City, MO 65101. We rent an extra room in our house located within the primary structure of the residence. Our guests never access the accessory structure (detached garage) at any time during their stay. Currently, we rent one room in our home that has a queen size bed. Depending on the relationship of the guest and any additional guests that are staying with them, it is possible that two people could sleep in the one room. Additionally, if sleeping in the same bed is not appropriate, we also offer the couch in the living room as a amenity to our guest. In the past, we have had a medical student who was here to take a test and his mother accompanied him. She slept on the couch in this case. Based on this layout, the max number of visitors we could accommodate would be three. We currently do not have any exterior signage. We have considered purchasing a "Guest Parking" sign to clearly indicate where they should park in our driveway. In the event that we do move forward with this, it will not exceed one square foot, it will be attached to a wooden wall near the garage, and it will not be lighted. We do not rent or use our property for receptions, parties, weddings, or similar activities. In our Airbnb listing, our House Rules state that parties and events are not allowed. OnrvMw . Ran., . me Nen . luaon Haus. Rubs r.,'ok" Not swmole for It, Ho i n nes or ..In Not. safe or sulnMe for children (0 42 fears) Check in time is fleaifsie Check aA by 12PM (in) Self cluck in with keypad Vsv are welcome to use the ne,men. just clean up after somielf, If frau nuke a m=ss. dean it up. Yon must also acknouded9a astir Iba on pmcerty Must Cimh stairs Sana suaces ane shared Hide rules Even with the four vehicles we normally have on our lot, we have an abundance of parking on our private lot as well as room to park on both Tanner Bridge and Flora. Our vehicles consist of two personal cars which are kept in the detached garage, one company vehicle which is parked under the carport and a recreational Ford F150 which can be parked right in front of the carport leaving room for at least five additional cars. C 4 i S . 1,11M l .mitlrtwpisory'c.,. s..,h = Map © VdM0GI 100613N00002028 MCFERRON, JOSEPH CREED, MARY MELISSA 1632 TANNER BRIDGE RD o G®O i®. n':is 1. We will not change the residential appearance and will adhere to all applicable codes of the City of Jefferson. We have no problem placing the trash receptacles on the curb only on trash service days. In our experience, most Airbnb guests are typically very quiet, but in the event that went awry, we would be sure to act fast. The only advertising we do for our short-term rental is on the Airbnb app. Missy does also write jeffcityblog.com and it is a potential blog post to highlight the airbnb locations we have in Jefferson City. We are happy to pay taxes including lodging taxes, sales taxes and business licensing regulations. We realize that a portion of that lodging tax goes to the Convention and Visitors Bureau and we are more than happy to support them and the city itself. Missy is a local business owner and is well -adjusted to the licensing regulations. We are happy to accommodate any Fire Code and Building Code inspections. Joe McFerron & Missy Creed 1632 Tanner Bridge Rd Jefferson City, MO 65101 573-694-0517 Our reviews: Accuracy * * * * * Location Communication * * * * * Check In Cleanliness * * * * * Value Annette April 2018 This house was so cute and so comfortable! The bedroom was very pretty, the bed was awesome and comfortable, and the sitting room would have been a great place to hang out and read if I had not had so many things to do. I did enjoy coffee on the beautiful deck one morning. Missy and Joe and their dog Preston were very great hosts! February February 2018 Nice place, nice people, three perfect days a Jefferson City ! ® Roby March 2018 Missy and Joe are very nice hosts. I rested very well and look forward to staying with them again. Stephanie rill January 2018 Missy has a great view for sunset so if you have the opportunity to sit on the back porch at sunset I highly recommend it. Little touches like a bedside plant and thoughtfully leaving out the blender for me made my stay very enjoyable. Joe McFerron & Missy Creed 1632 Tanner Bridge Rd Jefferson City, MO 65101 573-694-0517 dNBriar) ,) January 2018 Close to Lincoln U, where I was attending a conference. Nice space and good location, as described. 0 Victor September 2017 I really enjoyed my stay with Missy and Joe,Great couple. And Preston their dog was even nice to me.Nice clean place. Karmen `r November 2017 Missy and Joe were very welcoming and made me feel comfortable staying in their home. I was able to easily use the kitchen. The bedroom and bath were clean and comfortable. Travis - October 2017 Missy is an excellent host. She is very friendly and accommodating. I stayed for 16 nights and was very comfortable throughout my entire stay. Missy was always there if I needed anything and responded very quickly to any questions I had. I'd recommend staying with them to anyone! Gregcgs September 2017 Missy is a wonderful host and the accommodations were more than I expected. Great place! Joe McFerron & Missy Creed 1632 Tanner Bridge Rd Jefferson City, MO 65101 573-694-0517 Missy's background with Airbnb: I began using Airbnb as a traveler in 2013.1 have stayed in Airbnbs in: 1. Taiwan 2. Hong Kong 3. S. Korea 4. The Netherlands 5. Lawrence, KS 6. Springfield, MO 7. Portland, OR I continue to prefer staying in Airbnbs as a unique way to experience 'real life' in a new place. After staying with a variety of different hosts, I've gained a well-rounded impression of what makes an Airbnb experience a great one. Now that I have the opportunity to host visitors to our hometown, I love being able to provide a more 'local' experience for our visitors. Also, due to the line of work I am in, I have a strong network of local businesses that I can refer our guests to depending on what they're looking for or need. Lastly, in January of 2018, 1 launched iefficitvbloa.com which is a blog dedicated to residents and visitors to highlight what's new and noteworthy in our beautiful small town. I enjoy sharing this with our guests to give them a digital resource they can use to get the most of their time here. Joe McFerron & Missy Creed 1632 Tanner Bridge Rd Jefferson City, MO 65101 573-694-0517 City of Jefferson Department of Planning 8 Protective Services 320 E. McCarty St. Jefferson City, MO 65101 April 26, 2018 Dear Property Owner: Carrie Terpin, Mayor Sonny Sanders, AICP, Director Phone: 573-634-6410 Fax: 573-634-6457 This letter is to notify you that the Jefferson City Planning and Zoning Commission will meet at 5:15 p.m. on Thursday, May 10, 2018 in the Council Chambers of the John G. Christy Municipal Building, 320 East McCarty Street, to consider the following matter (see map on back): 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. As a nearby landowner and/or neighbor, you have the privilege of attending this hearing. Unfortunately, we are unable to record comments received by telephone, however, written comments may be directed to the Planning and Zoning Commission in one of the following ways: e-mail: jcplanning@jeffcitymo.org fax: Dept. of Planning and Protective Services / Planning Division 573-634-6457 mail: Dept. of Planning and Protective Services / Planning Division John G. Christy Municipal Building, 320 E. McCarty Street Jefferson City, MO 65101 Written comments received on or before 1:00 p.m. on the day of the meeting will be made a part of the official record and copied and distributed to Commission members at the meeting. Those unable to provide written comments in advance are invited to deliver their comments to the Commission Chairman only at the meeting. Correspondence received after 1:00 p.m. will be included in the official record, but there is no guarantee that copies will be made for distribution to all Commission members. For your information, this case is tentatively scheduled for a public hearing in front of the City Council on, June 18, 2018. The City Council meets at 6:00 p.m. in the Council Chambers of the John G. Christy Municipal Building, 320 East McCarty Street. Information regarding this case may be viewed on the Planning and Zoning Commission webpage at: http://www.jeffersoncitymo.gov/governmenttplanning/planning and zoning commission ohp If you have any questions concerning this matter, please feel free to contact us at 573.634.6475. Sincerely, S Ian Zollinger Planner ?z Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Please call (573) 634-6410 with questions regarding agenda items. Jefferson City Planning & Zoning Commission Property Owner List Case No. P18009 1632 Tanner Bridge Road BANWELL, WILLIAM J 1623 TANNER BRIDGE RD JEFFERSON CITY, MO 65101 1623 TANNER BRIDGE RD WELDON, WAYNE K 1627 TANNER BRIDGE RD JEFFERSON CITY, MO 65101 1627 TANNER BRIDGE RD KAMPETER, LUCILLE C 1631 TANNER BRIDGE RD JEFFERSON CITY, MO 65101 1631 TANNER BRIDGE RD FARMER, DANIEL R & DIANA C TRUST MCCURREN, ROBERT H III TRUST 1921 SARAH CT JEFFERSON CITY, MO 65101 1703 TANNER BRIDGE RD STIMPEL, JOSEPH & LINDA K 1707 TANNER BRIDGE RD JEFFERSON CITY, MO 65101 1707 TANNER BRIDGE RD MUENKS, LEONARD G GOMES, PATRICIA A 1709 TANNER BRIDGE RD JEFFERSON CITY, MO 65101 1709 TANNER BRIDGE RD OTTO, TIMOTHY H 507 AURORA AVE JEFFERSON CITY, MO 65101 502 AURORA AVE PRENGER, GLEN E 1710 TANNER BRIDGE RD JEFFERSON CITY, MO 65101 1710 TANNER BRIDGE RD MCDOWELL, HAROLD D TRUSTEE 1010 LESLIE BLVD JEFFERSON CITY, MO 65101 1706 TANNER BRIDGE RD SCHINDELDECKER, KRISTINA R 1704 TANNER BRIDGE RD JEFFERSON CITY, MO 65101 1704 TANNER BRIDGE RD Page 1 May 10, 2018 MCFERRON, JOSEPH D CREED, MARY MELISSA J 1632 TANNER BRIDGE RD JEFFERSON CITY, MO 65101 1632 TANNER BRIDGE RD (Subject Property) CHRONISTER, LOIS A & DARRELL T 1628 TANNER BRIDGE RD JEFFERSON CITY, MO 65101 1628 TANNER BRIDGE RD BECK, ELIZABETH A 1626 TANNER BRIDGE RD JEFFERSON CITY, MO 65101 1626 TANNER BRIDGE RD BARNARD, RACHEL 1622 TANNER BRIDGE RD JEFFERSON CITY, MO 65101 1622 TANNER BRIDGE RD 0& M DEVELOPMENT L L C 5201 SHARON DR JEFFERSON CITY, MO 65109 315 FLORA DR CORPORATE WOODS PROPERTIES INC C/O JIM HERFURTH 1484 WESTHOFF DR OSAGE BEACH, MO 65065 1709 FOUR SEASONS DR 1705 FOUR SEASONS DR Case No. P18009 1632 Tanner Bridge Road Special Exception Permit 185 ft. Notification Buffer DR N W+ + E S 0 55 110 220 330 440 Feet Jefferson City Planning &Zoning Commission May 10, 2018 Case No. P18010 Gerardo & Staci Cornejo 412 Cherry Street Special Exception Permit for a Short Term Rental PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION May 10, 2018 Case No. P18010 - 412 Cherry Street, Special Exception Permit. Request Fled 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. Nature of Request This request is for the property owners to come into compliance with the recent change in city code to accommodate short term rentals in residential zoning districts. The use of a residence as a short term rental must be approved for a Special Exception Permit and comply with Section 35-41.13.35 of the Jefferson City Code. Staff Analysis Number of Guests and Rooms: The applicants are requesting a special exception permit for the Short Term rental of an existing single family residence. Section 35-41.B.35.b(3)(a) states a maximum of five unrelated persons or any number of persons related by blood, marriage or adoption shall be permitted as lodging guests. Signage: They applicants have a sign on the door to distinguish it as a Short Term Rental. Staff recommends that the site adhere to the signage allowances of the section City Code relating to Short Term Rentals, one sign of 1 sf attached to the structure not lighted. Parking: No additional parking spaces are required to accommodate the change in use. Zoning And Surroundiniz Land Use Current Zoning: RA -2 Residential High Density Current Use: Single Family Residential Staff Recommendation Staff Recommends approval of the proposed Special Exception Permit. The applicant has addressed the criteria necessary for a short term rental. Approve Deny Neutral Staff Recommendation X Form of Motion 1. Motion to approve the request for a Special Exception Permit for a Short Term Rental. Surrounding Zoning Surrounding Uses North RA -2 Single Family Residential South RA -2 Single Family Residential East RA -2 Single Family Residential West RA -2 Single Family Residential Staff Recommendation Staff Recommends approval of the proposed Special Exception Permit. The applicant has addressed the criteria necessary for a short term rental. Approve Deny Neutral Staff Recommendation X Form of Motion 1. Motion to approve the request for a Special Exception Permit for a Short Term Rental. City of Jefferson Planning & Zoning Commission LOCATION MAP •a C,9� � sr RAS rr- ' ,yL NN- lk t� Lys y. sr- °sa Case No. P18010 o eo 100 200 Feet N 412 Cherry St /j Special Exception Permit W ,f E 9 City of Jefferson Planning & Zoning Commission VICINITY N Case No. P18010 0 195 390 780 Feet N 412 Cherry Street Special Exception Permit w + E S City of Jefferson Department of Planning & Protective Services 320 E. McCarty Street Jefferson City, MO 65101 Phone: 573-634-6410 jcplanning(Meffcitymox www.Jeffersoncitymo.gov APPLICATION FOR SPECIAL EXCEPTION USE The undersigned hereby petitions the Planning and Zoning Commission and City Council of the City of Jefferson, Missouri for the following Special Exception: C) Proposed Land Use (include Reference Number from Land Use Matrix; site plan must be attached) Stnpr1 Tec-~\ \ Property Locati ddress: Legs Ir erty Description: Is Attached ©Is as follows: Current Zoning District., Does project involve a change in zoning district? No 0 Yes, proposed zoning If yes, a separate rezoning application is required 5(a The undersigned hereby state they are the owners of the real estate described above or in the attached exhibit who petition for special exception use: ALL OWNERS OF REAL PROPERTY INCLUDED IN THIS APPLICATION SIGNATURES MUST BE NOTARIZED. IF ADDITIONAL SIGNATURES ARE NE �edafc� �✓t-es�G C Property Owner #1 N (type or print) rt Stag Cc�rV1ele MUST SIGN THE APPLICATION, AND ALL EDED.PLBASEATTA01SEPARATESHEETS. Property Owner #2 Name (type or print) Property Owner this day of in the year « 0 X Notary Public mak` cw Address of Property Owner #2 IUTI IMM Applicant Information (if different from property owner): Name: Address: Phone Number(s) For City Use Only., Application Filing Fee $210 (Revised June 30, 2015) Payment Received: Cash (Indicate Receipt # ) Check (Copy; indicate check # ) Attachments: Site plan Subdivision Plat Project Description Narrative Applicant Information Sheet Location Map Other documentation Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations oraltemative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Encore Investments, LLC. Short Term Rental Project Narrative The property located at 412 Cherry St. Jefferson City, MO 65101 was purchased June of 2017 by Gerardo and Staci Cornejo through their company, Encore Investments, LLC. This was formerly a residential home that was real estate owned (bank foreclosure) and purchased as a distressed sale. After months of renovations and cleaning the property up, we had planned to add it to our rental portfolio. We are requesting a Special Exception Use Permit for this property. We plan to provide this renovated home as a Short -Term Rental. We understand that this permit is issued to the owners of the property and is non-transferrable. We would only be offering the existing primary structure for the short-term rental. The property is a three-bedroom one bath residential home. It has a full walk out basement that is not accessible by guest but by owners/management only. Two out of the three bedrooms are being offered with fully furnished bedrooms, purchased at our own cost. The third bedroom has an office desk with office chair for the business travelers and WiFi ready home. There is a couch with pull out bed in the case of some families traveling with guest. Our max adult capacity advertised will be 6 adults. Our short-term rental is focused for families visiting or traveling through Jefferson City with full residential home amenities. Only our entire place would be accessible for stays. There are no separate bedroom or shared bedroom bookings allowed. Signage will be visible from the street which is approximately 20 feet from the street curbside. Signage will be posted on the interior side of the front door visible from Cherry St. Only the logo of the hosting third party company will be on the sign. All short-term rental users will recognize this logo since the majority of short term guest are familiar with this rental platform of short term rentals. Events of any kind are prohibited from this residence. We have put forth our House Rules and are located inside the property and agreed upon before any bookings. We ask all of our guest to respect the surrounding residences, the neighborhood and our city as we provide this service for all guest arriving from across the country. On street parking is available at this property. There is 50 feet of curbside parking right in front of this residence enough to fit at least 2 full size family sedans. There is also a detached garage available for parking but it is not advertised or planning on offering this spot for parking. The residential appearance of this home has been improved since the distressed sale. There were no major changes made to the property just the much-needed exterior clean up. It is very obvious that this is a residential home. We do not offer trash service as we do our own clean up maintenance on the home and dispose of any trash at our personal residence trash service. There are only two residential neighboring homes to this property. One is a vacant property that has been vacant for decades (406 Cherry St) and the occupant owner to the West of this property (414 Cherry St) has been notified about our short-term rental and will notify us of any disturbance happening from our residence. Across the street from our residence is City of Jefferson Property. There is an alley way that runs on the side of our property which we request to keep clear for thru traffic. Please consider this service to provide a residential short-term rental to the tourist visiting our beautiful City. We are in accordance of paying all applicable taxes including lodging taxes, sales taxes, and business licensing regulations on top of all other applicable real estate taxes. This property has smoke detectors in every room, carbon monoxide detector on main level and an oversize residential fire extinguisher with a front and back exit door. We would be open to have it inspected for Fire Code requirements as it would only be a benefit for us and our future guest. Let us know if you need any additional information. Thank you for your time and consideration of this project. Sincerely, Encore Investments, LLC. Z U - --- Gerardo Cornejo Staci Cornejo City of Jefferson Department of Planning 8 Protective Services 320 E. McCarty St. Jefferson City, MO 65101 April 26, 2018 Dear Property Owner: Carrie Terain, Mayor Sonny Sanders, AICP, Director Phone: 573-634-6410 Fax: 573-634-6457 This letter is to notify you that the Jefferson City Planning and Zoning Commission will meet at 5:15 p.m. on Thursday, May 10, 2018 in the Council Chambers of the John G. Christy Municipal Building, 320 East McCarty Street, to consider the following matter (see map on back): 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. As a nearby landowner and/or neighbor, you have the privilege of attending this hearing. Unfortunately, we are unable to record comments received by telephone, however, written comments may be directed to the Planning and Zoning Commission in one of the following ways: e-mail: jcplanning@jeffcitymo.org fax: Dept. of Planning and Protective Services / Planning Division 573-634-6457 mail: Dept. of Planning and Protective Services / Planning Division John G. Christy Municipal Building, 320 E. McCarty Street Jefferson City, MO 65101 Written comments received on or before 1:00 p.m. on the day of the meeting will be made a part of the official record and copied and distributed to Commission members at the meeting. Those unable to provide written comments in advance are invited to deliver their comments to the Commission Chairman only at the meeting. Correspondence received after 1:00 p.m. will be included in the official record, but there is no guarantee that copies will be made for distribution to all Commission members. For your information, this case is tentatively scheduled for a public hearing in front of the City Council on, June 18, 2018. The City Council meets at 6:00 p.m. in the Council Chambers of the John G. Christy Municipal Building, 320 East McCarty Street. Information regarding this case may be viewed on the Planning and Zoning Commission webpage at: http://www.meffersoncitymo.gov/governmenttplanning/planning and zoning commission.php If you have any questions concerning this matter, please feel free to contact us at 573.634.6475. Sincerely, Ian Zollinger Planner Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Please call (573) 634-6410 with questions regarding agenda items. Jefferson City Planning & Zoning Commission Page 1 Property Owner List Case No. P18010 412 Cherry Street May 10, 2018 MEYER, WILLIAM A & JACQUE S QUINN CHAPEL AFRICAN METHODIST 5615 FOXFIRE LN EPISCOPAL CHURCH - JEFFERSON CITY LOHMAN, MO 65053 529 LAFAYETTE ST 724 E MCCARTY ST JEFFERSON CITY, MO 65101 419 LAFAYETTE ST DERBY LEASING INC C/O JON BEETEM PO BOX 476 JEFFERSON CITY, MO 65102 406 CHERRY ST GIBLER, ALFRED D 722 E MCCARTY ST JEFFERSON CITY, MO 65101 722 E MCCARTY ST MESSER, KERRY K & LYNN M PO BOX 1288 FESTUS, MO 65028 718 E MCCARTY ST G P M PROPERTY INVESTMENTS L L C PO BOX 104325 JEFFERSON CITY, MO 65110 716 E MCCARTY ST MOELLER, WILLIAM A & STORMI L 5806 HERITAGE HWY JEFFERSON CITY, MO 65109 712 E MCCARTY ST LARA, JOSE LUIS RUGELIO 710 E MCCARTY ST JEFFERSON CITY, MO 65101 710 E MCCARTY ST HARRISON, WINN F & MARY K 708 E HIGH ST JEFFERSON CITY, MO 65101 709 E HANDLEY WAY 411 LAFAYETTE ST DRIVER, CLARENCE A & RUBY K (D/C) 706 E HANDLEY WAY JEFFERSON CITY, MO 65101 706 E HANDLEY WAY ALTHEUSER, GERALD B 12542 COUNTRY VIEW TEBBETS, MO 65080 712 E HANDLEY WAY BYRNES ENTERPRISES TRUST 30 N LARAND DR HOLTS SUMMIT, MO 65043 810 E MCCARTY ST HOOGVELD, SPENCER K BURTON, WILLIAM G 203 PINE ST JEFFERSON CITY, MO 65101 806 E MCCARTY ST PIGFORD, COURTNEY MARIE & KEVIN MICHAEL 802 E MCCARTY ST JEFFERSON CITY, MO 65101 802 E MCCARTY ST BERRI, BRETT W 800 E MCCARTY ST JEFFERSON CITY, MO 65101 800 E MCCARTY ST CITY OF JEFFERSON 320 E MCCARTY ST JEFFERSON CITY, MO 65101 405 CHERRY ST 415 CHERRY ST 820 E MILLER ST Jefferson City Planning & Zoning Commission Property Owner List Case No. P18010 412 Cherry Street ENCORE INVESTMENTS L L C 3822 VIOLA VIEW, #1 JEFFERSON CITY, MO 65101 412 CHERRY ST (Subject Property) DISTLER, JOE CONNER, SALLY 34420 HWY T CALIFORNIA, MO 65018 715 E MILLER ST PATTERSON, KEITH D 3608 RT C JEFFERSON CITY, MO 65109 713 E MILLER ST THOMAS, ELWOOD L JR 424 CHERRY ST JEFFERSON CITY, MO 65101 424 CHERRY ST CAPITAL AREA INVESTMENTS L L C PO BOX 6712 JEFFERSON CITY, MO 65102-6712 416 CHERRY ST STAPLETON, AISHA SEYE 414 CHERRY ST JEFFERSON CITY, MO 65101 414 CHERRY ST CAPITAL CITY LODGE #9 F & AM OF JC 423 CHERRY ST JEFFERSON CITY, MO 65101 423 CHERRY ST HUFFMAN, STACY & ROSE 22246 CRUM RD JAMESTOWN, MO 65046 728 E MILLER ST ORTIZ, MICHELLE 720 E MILLER ST JEFFERSON CITY, MO 65101 720 E MILLER ST BRANCH, DONNA L 1022 LAUREL DR JEFFERSON CITY, MO 65109 714 E MILLER ST JACKSON, SONJA 712 E MILLER ST JEFFERSON CITY, MO 65101 712 E MILLER ST STEWARD, LINDA L 708 E MILLER ST JEFFERSON CITY, MO 65101 708 E MILLER ST Page 2 May 10, 2018 N W YQ��E S Case No. P18010 412 Cherry Street o so so so neo saF Special Exception Permit 185 ft. Notification Buffer PLANNING & ZONING COMMISSION CORRESPONDENCE RECEIVED Case No. P18010 412 Cherry Street May 10, 2018 Sender Senders Address How Received Date Received Jane Beetem ibeetem@embargmaii.com Email 5/2/2018 Stratman, Anne From: Jane Beetem <jbeetem@embarqmail.com> Sent: Wednesday, May 02, 2018 11:26 AM To: Stratman, Anne Subject: Comment for Hearing on May 10, Special Exception Permit As I have other commitments and will be unable to attend the May 10 hearing, please accept my written comments. Case No.P18010 - 412 Cherry Street, Special Exception Permit. Request by Gerardo and Staci Cornejo, property owners. This request is to operate a short term rental (Air B&B type rental) in the property located at 412 Cherry St. I support the ability of property owners throughout Jefferson City to rent their property in a safe manner that is not objectionable to the adjoining neighbors. Whether the rental term is overnight, several weeks or a year at a time, if the property is well maintained and the renters do not cause a disturbance, the owners should be allowed to proceed. As a nearby property owner, I also support this specific short term rental proposal, and wish the Cornejos all the best. Jane Beetem Jefferson City Planning & Zoning Commission May 10, 2018 Case No. P18011 Brad & Julie Fitzmaurice 134 W Circle Drive Special Exception Permit for a Short Term Rental PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION May 10, 2018 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. Nature of Request This request is for the property owners to come into compliance with the recent change in city code to accommodate short term rentals in residential zoning districts. The use of a residence as a short term rental must be approved for a Special Exception Permit and comply with Section 35-41.B.35 of the Jefferson City Code. Staff Anal Number of Guests and Rooms: The applicants are requesting a special exception permit for the Short Term rental of an existing single family residence. Section 35-41.B.35.b(3)(a) states a maximum of five unrelated persons or any number of persons related by blood, marriage or adoption shall be permitted as lodging guests. Signage: There are no plans to install signage on the property. Parking: No additional parking spaces are required to accommodate the change in use. Zoning And Surrounding Land Use Current Zoning: RS -3 Single Family Residential Current Use: Single Family Residential Staff Recommendation Staff Recommends approval of the proposed Special Exception Permit. The applicant has addressed the criteria necessary for a short term rental. Approve Deny Neutral Staff Recommendation X Form of Motion 1. Motion to approve the request for a Special Exception Permit for a Short Term Rental. Surrounding Zoning Surrounding Uses North RS - 3 Single Family Residential South RS - 3 Single Family Residential East RS - 3 Single Family Residential West RS - 3 Single Family Residential Staff Recommendation Staff Recommends approval of the proposed Special Exception Permit. The applicant has addressed the criteria necessary for a short term rental. Approve Deny Neutral Staff Recommendation X Form of Motion 1. Motion to approve the request for a Special Exception Permit for a Short Term Rental. City of Jefferson Planning & Zoning Commission LOCATION MAP ji CHICAGO RD 77W Ta. .�-. r' _ .11 l l v ! r CIRCLE DR -T Case No. P18011 134 W Circle Drive Special Exception Permit F- CO Q' A. z Ht 'a - J W r- ' �.� O .. CD �a ji CHICAGO RD 77W Ta. .�-. r' _ .11 l l v ! r CIRCLE DR -T Case No. P18011 134 W Circle Drive Special Exception Permit F- U) Q' z 'a - J 0 50 1D0 200 Feet /N W + E S City of Jefferson Planning & Zoning Commission Case No. P18011 134 W Circle Drive Special Exception Permit VICINITY 220 440 880 Feet N W+ ; G S City of Jefferson Department of Planning 8 Protective Services 320 E. McCarty Street Jefferson City, MO 65101 Phone: 573-634-6410 icolanning0jeffcitvmo.oro www.jeffemoncitymo.gov APPLICATION FOR SPECIAL EXCEPTION USE The undersigned hereby petitions the Planning and Zoning Commission and City Council of the City of Jefferson, Missouri for the following Special Exception: ® Proposed Land Use (include Reference Number from Land Use Matrix; site plan must be attached) s- v - i di I Property Location/Address134 e, Legal/Property Description: 0 I Attached 0 i as follows: Current Zoning District: - 3 Does project involve a change in zoning district? (&No 0Yes, proposed zoning If yes, a separate rezoning application is required The undersigned hereby state they are the owners of the real estate described above or in the attached exhibit who petition for special exception use: ALL OWNERS OF REAL PROPERTY INCLUDED IN THIS APPLICATION MUST SIGN THE APPLICATION, AND ALL SIGNATURES MUST BE NOTARIZED. IF ADDITIONAL SIGNATURES ARE NEEDED, PLEASE ATTACH SEPARATE SHEETS. _ AeAb QrZ11mV1PIc c X�7 Property Owner #1 Name (type or print) Property Owner �natur -J-t1z1E F/ Tzh.9 ureic E ��'rJ Property Owner #2 Name (type or print) wner Signature sS'uEM SKgrp De 1 1H 4S day of A p n t in the year L'0(2 Address of Property Owner #2 Phone Number(s): ?- 6 Yf - Y6,79 S7 r- 6 SSI= 5/690 Applicant Information (if different from property owner): Name: Address: Phone Number(s) For City Use Only: Application Filing Fee $210 (Revised June 30, 2015) PaymentR eived: Cash (Indicate Receipt # ) Check (Copy; indicate check # ) Attachments: Site plan Subdivision Plat Project Description Narrative Applicant Information Sheet Location Map Other documentation Individuals should contact the ADA Coordinator at (573) 6346570 to request accommodations or alternative fonnats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Proiect Description — JuJu's Cottage We purchased the home on 134 West Circle Drive in January of 2018. The primary use is as a "second" home for us when visiting our daughter and granddaughter, who live just a couple of miles away on Ridgeway Drive. We lived in Jefferson City for many years (40 years for Brad and 15 years for Julie) so we appreciate the small-town community feel. We typically spend a couple of weekends a month and sometimes a few days during the week at the home. Our desire is to list the home via Airbnb and rent it out a couple of weekends a month to cover the cost of the home. It is a two bedroom home and we intend to only offer the entire home for short term rental. There is ample parking in the driveway and single car garage. Since we stay in the home on a regular basis, we have a vested interest to maintain it to a high standard. To that end, we will utilize a custom rental agreement with potential renters in addition to the Airbnb app. We believe this will protect us from the "bad" renter. We have also secured a local resource to provide property maintenance when needed, a cleaning service and lawn maintenance. We appreciate your consideration for this Special Use Exemption of the short term rental of our property. Brad and Julie Fitzmaurice 4408 NE Shadow Valley Circle Lee's Summit, MO 64064 City of Jefferson Department of Planning 8 Protective Services 320 E. McCarty St. Jefferson City, MO 65101 April 26, 2018 Dear Property Owner: Carrie Tergin, Mayor Sonny Sanders, AICP, Director Phone: 573-634-6410 Fax: 573-634-6457 This letter is to notify you that the Jefferson City Planning and Zoning Commission will meet at 5:15 p.m. on Thursday, May 10, 2018 in the Council Chambers of the John G. Christy Municipal Building, 320 East McCarty Street, to consider the following matter (see map on back): 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. As a nearby landowner and/or neighbor, you have the privilege of attending this hearing. Unfortunately, we are unable to record comments received by telephone, however, written comments may be directed to the Planning and Zoning Commission in one of the following ways: e-mail: jcplanning@jeffcitymo.org fax: Dept. of Planning and Protective Services / Planning Division 573-634-6457 mail: Dept. of Planning and Protective Services / Planning Division John G. Christy Municipal Building, 320 E. McCarty Street Jefferson City, MO 65101 Written comments received on or before 1:00 p.m. on the day of the meeting will be made a part of the official record and copied and distributed to Commission members at the meeting. Those unable to provide written comments in advance are invited to deliver their comments to the Commission Chairman only at the meeting. Correspondence received after 1:00 p.m. will be included in the official record, but there is no guarantee that copies will be made for distribution to all Commission members. For your information, this case is tentatively scheduled for a public hearing in front of the City Council on, June 18, 2018. The City Council meets at 6:00 p.m. in the Council Chambers of the John G. Christy Municipal Building, 320 East McCarty Street. Information regarding this case may be viewed on the Planning and Zoning Commission webpage at: http://www.weffersoncitymo.00v/government/planning/planning and zoning commission.php If you have any questions concerning this matter, please feel free to contact us at 573.634.6475. Sincerely, Ian Zollinger Planner 9X Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Please call (573) 634-6410 with questions regarding agenda items. Jefferson City Planning & Zoning Commission Property Owner List Case No. P18011 134 West Circle Drive BEAUCHAMP, LONNIE & VANESSA 1917 CHICAGO RD JEFFERSON CITY, MO 65109 1917 CHICAGO RD BIONDI, DAVID & ABIGAIL 1919 CHICAGO RD JEFFERSON CITY, MO 65109 1919 CHICAGO RD MURPHY, PATRICIA C 1921 CHICAGO RD JEFFERSON CITY, MO 65109 1921 CHICAGO RD STEWARD, CHELSEA BROOKE 1931 CHICAGO RD JEFFERSON CITY, MO 65109 1931 CHICAGO RD HOFFMEYER, LISA C 136 W CIRCLE DR JEFFERSON CITY, MO 65109 136 W CIRCLE DR FITZMAURICE, BRAD & JULIE 134 W CIRCLE DR JEFFERSON CITY, MO 65109 134 W CIRCLE DR (Subject Property) HAAKE, MARY 132 W CIRCLE DR JEFFERSON CITY, MO 65109 132 W CIRCLE DR LAUF, MICHAEL R & ALLISON K 1922 CHICAGO RD JEFFERSON CITY, MO 65109 1922 CHICAGO RD ABERNATHY, ROBERT W & KATHRYN M 1924 CHICAGO RD JEFFERSON CITY, MO 65109 1924 CHICAGO RD OLIGSCHLAEGER, DOROTHY A 1928 CHICAGO RD JEFFERSON CITY, MO 65109 1928 CHICAGO RD GOEKE, NICHOLAS J STRONG - GOEKE, LORI L 141 W CIRCLE DR JEFFERSON CITY, MO 65109 141 W CIRCLE DR Page 1 May 10, 2018 BURRUSS, CHRISTOPHER W & KATHLEEN A 137 W CIRCLE DR JEFFERSON CITY, MO 65109 137 W CIRCLE DR WITTE, SANDRA M KLEFFNER, CYNTHIA 135 W CIRCLE DR JEFFERSON CITY, MO 65109 135 W CIRCLE DR MULLEN, JAMES MICHAEL & RITA MARIE 133 W CIRCLE DR JEFFERSON CITY, MO 65109 133 W CIRCLE DR OWEN, DAVID J & SHERRIE L 132 BOONVILLE RD JEFFERSON CITY, MO 65109 132 BOONVILLE RD SAENZ, SARA KAY & FRANCISCO 134 BOONVILLE RD JEFFERSON CITY, MO 65109 134 BOONVILLE RD TAGGART, CHARLES F & PATRICIA A 136 BOONVILLE RD JEFFERSON CITY, MO 65109 136 BOONVILLE RD JONES, BRUCE MICHAEL & PATRICIA A 138 BOONVILLE RD JEFFERSON CITY, MO 65109 138 BOONVILLE RD Jefferson City Planning & Zoning Commission Property Owner List Case No. P18011 134 West Circle Drive GEARY, JACQUELINE A 140 BOONVILLE RD JEFFERSON CITY, MO 65109 140 BOONVILLE RD WESTERMANN, MARK C & PATRICIA S 1316 VISTA CAMPO JEFFERSON CITY, MO 65109 1922 N CIRCLE DR PARKER, L G 1924 N CIRCLE DR JEFFERSON CITY, MO 65109 1924 N CIRCLE DR QUALLS, MATTHEW M & JORDAN E 1926 N CIRCLE DR JEFFERSON CITY, MO 65109 1926 N CIRCLE DR VASKO, ALEXANDRE V PLYUSHCHENKO, MARIYA 1928 N CIRCLE DR JEFFERSON CITY, MO 65109 1928 N CIRCLE DR SPILLERS, PATRICIA A 1930 N CIRCLE DR JEFFERSON CITY, MO 65109 1930 N CIRCLE DR BEXTEN, KRISTEN A 131 W CIRCLE DR JEFFERSON CITY, MO 65109 131 W CIRCLE DR BAX, KYLE S 128 BOONVILLE RD JEFFERSON CITY, MO 65109 128 BOONVILLE RD POPE, SHAWN L & NANCY M 127 W CIRCLE DR JEFFERSON CITY, MO 65109 127 W CIRCLE DR HALCOMB, KEITH 129 W CIRCLE DR JEFFERSON CITY, MO 65109 129 W CIRCLE DR Page 2 May 10, 2018 Case No. P18011 134 W Circle Drive Special Exception Permit 0 rc w J J 0I 0 CI 185 ft. Notification Buffer w J U K U 3 N W + E S 0 25 50 100 150 200 Feel CHICAGO RD N CIRCLE DR Jefferson City Planning &Zoning Commission May 10, 2018 Case No. P18012 Joshua Korte 1129 Cedar City Drive Special Exception Permit to operate an outdoor mulch production, sales and composting facility PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION May 10, 2018 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. Nature of Request The property consists of 6.82 acres of property zoned as M-1 Light Industrial District. The applicant is planning on using the property for an outdoor mulch production sales and composting facility. The zoning code states that for a site with this type of use a Special Exception Permit is required. Zoning And Surrounding Land Use Current Zoning: M-1 Current Use: Auto Repair Shop/ Agricultural Intended Use: Mulch Production/ Composting Staff Analysis Building Design: The applicant is planning on construction a 5,760 square foot agricultural building with two sides being open in order to store tractors, trailers and trucks under one roof. The site plan also shows a possible site for a future building next to the planned one of similar size and use. Parking/Parking Lot: Parking requirements for an indoor out door operation is 1.1 parking spaces per employee. Staff recommends the parking lot and parking lot entrance to the site be paved according to City Code. Fencing: The applicant has requested the fence around the property be a particular type of fence for their security needs. An example can be found in the application materials. The proposed fence has the appearance of a high end horse fence but with a welded steel bar that cannot be cut with wire cutter, with barbed wire across the top. Signs: Staff recommends that the site adhere to the signage allowances of the M-1 zoning district. Lighting: No lighting details have been provided. Staff recommends that the site adheres to the lighting allowances for the M-Izoning district. Surrounding Zoning Surrounding Uses North M-1 Agricultural South RS -4 Parks and Recreation East M-1 Agricultural West RS -4 Parks and Recreation Staff Analysis Building Design: The applicant is planning on construction a 5,760 square foot agricultural building with two sides being open in order to store tractors, trailers and trucks under one roof. The site plan also shows a possible site for a future building next to the planned one of similar size and use. Parking/Parking Lot: Parking requirements for an indoor out door operation is 1.1 parking spaces per employee. Staff recommends the parking lot and parking lot entrance to the site be paved according to City Code. Fencing: The applicant has requested the fence around the property be a particular type of fence for their security needs. An example can be found in the application materials. The proposed fence has the appearance of a high end horse fence but with a welded steel bar that cannot be cut with wire cutter, with barbed wire across the top. Signs: Staff recommends that the site adhere to the signage allowances of the M-1 zoning district. Lighting: No lighting details have been provided. Staff recommends that the site adheres to the lighting allowances for the M-Izoning district. Staff Recommendation Staff recommends approval of the Special Exception Permit The proposed use of the outdoor mulch production, sales and composting facility is consistent with the general use of the area. Approve Deny Neutral Staff Recommendation X Form of Motion 1. Motion for approval of the Special Exception Permit subject to technical edits subject and to corrections of the Planning and Engineering Divisions. Jefferson City Planning & Zoning Commission Meeting Engineering Division Staff Report Thursday, May 10, 2018, 5:15pm Item 6. - New Business/Public Hearings Case No. P18012 — Special Exception Plan/ Permit, Outdoor Mulch and Composting Facility, 1129 Cedar City Drive Existing Infrastructure Infrastructure exists for this development. -Existing storm water drains through the property to storm drainage facilities along Cedar City Drive. -Utilities exist to serve this property. -Sidewalk does not exist in the vicinity. -Access to this site is currently from Old Airport Road. -Sanitary sewer serves the site from the south along Sixth Street/ Cottonwood Drive. -The site exists within the 100 year floodplain and floodway of the Missouri River. -A fire hydrant is at the intersection of Old Airport Road and Cedar City Drive, and also at the Sixth Street intersection with Cedar City Drive. Site Improvements Street Access/ Parking Access to the site is from Old Airport Drive. The existing drive/ parking area needs to be paved and a standard drive approach needs to be constructed for the entrance/ exit from the site. Floodplain The proposed agricultural style storage building for equipment, etc. is being requested to be built at the existing adjacent grade of the site. -In order to allow this and not be elevated to one (1) ft. above the 100 year elevation of the floodplain, a variance is being requested through the Board of Adjustment. -If the variance is not granted by the Board of Adjustment, the owner will have to elevate the structure to meet the floodplain requirements. • Sidewalk Sidewalk does not exist in the vicinity. • Utilities Facilities exist in the vicinity. • Street Lights and Fire Hydrants: Facilities exist in the vicinity. City of Jefferson Planning & Zoning Commission LOCATION Case No. P18012 1129 Cedar City Drive Special Exception Permit 0 135 270 540 Feet City of Jefferson Planning & Zoning Commission Case No. P18012 1129 Cedar City Drive Special Exception Permit VICINITY 0 495 990 1,980 Feet City of Jefferson Department of Planning & Protective Services 320 E. McCarty Street Jefferson City, MO 65101 Phone., 573.634-6410 icolannino(a)iefferson citymo. cov APPLICATION FOR SPECIAL EXCEPTION USE The undersigned hereby petitions the Planning and Zoning Commission and City Council of the City of Jefferson, Missouri for the following Special Exception: ❑ Proposed Land Use (include Reference Number from Land Use Matrix; site plan must be attached) Propert Legal/Property Description: XIs Attached ❑ Is as follows: Current Zoning District., /7/)— — 1 Does project involve a change in zoning district? KNo D Yes, proposed zoning If yes, a separate rezoning application is required The undersigned hereby state they are the owners of the real estate described above or in the attached exhibit who petition for special exception use: ALL OWNERS OF REAL PROPERTY INCLUDED IN THIS APPLICATION MUST SIGN THE APPLICATION, AND ALL SIGNATURES MUST BE NOTARIZED. IF ADDITIONAL SIGNATURES ARE EDED PLEASE ATTACH SEPARATE SHEETS. lo�'- Property Owner #�pe or print) perty Owner Signature Property Owner #2 Name (type or pri Prop rty Owner ignature % u ff yy re me this day of in the year Notary Public - Notary Seal State of Missouri Address of Property Owner #2 PhoneNumber(s): D Z Applicant Information (if different from property owner): Name: Address: For City Use Only: Application Filing Fee $210 (Revised June 30, 2015) Payment Received: Cash (Indicate Receipt # ) Check (Copy; indicate check # ) Attachments: Site plan Subdivision Plat Project Description Narrative Applicant Information Sheet Location Map Other documentation Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. to/ We at Korte Enterprises LLC (DBA Korte Tree Care) have decided to relocate from our current location in Boone County to a larger property in order to expand our business and also to reduce our need to cross the increasingly busy and dangerous Highway 63. We considered properties near Discovery Parkway in Columbia, near the Columbia Regional Airport in Ashland, along Highway 63 in Callaway County, and in North Jefferson City. We've decided that we prefer the site in North Jefferson City at 1129 Cedar City Drive because it has safer access to highway 54 and highway 63 via the airport overpass, it is closest to most of our existing vendors inside Jefferson City, it has proper zoning, our business is of a similar nature to other existing businesses and farms, and the operations we wish to expand match the neighboring land use of the City of Jefferson Parks and Recreation department. Our initial work at the property would include paving most of the existing parking lot, brush removal, landscaping, trash removal in the general area, and ongoing lawn care maintenance. In order to operate we would like permission to build a 60' wide by 96' long agricultural building with two 96' open sides and 16' tall openings in order to store our tractors, trailers, and trucks under one roof. It would look exactly like the building at the nearby sod farm shown in the pictures. The building would be placed east of the existing repair shop and just far enough from the North property line to still allow for vehicle traffic on the property. We believe that this building would be aesthetically pleasing in that it would be similar in nature to the newer buildings along 63 and the hangers at the airport. Its other advantage would be to screen the view of the material storage at the south side of the property from drivers on highways 63 and 54, as well as screening the abandoned cars and bus at the property south of ours. We plan to leave room for a future addition onto the east end of the building. Once processed the finished mulch product would be visible at the east end of the building, neatly separated by color. This building would be built on a roughly 2 acre gravel lot. The topsoil displaced would be stockpiled and stored. The acreage not used for these purposes will be used for organic fruit and vegetable farming by the Korte Family. Due to reports of arson and vandalism on city property across the street we plan to install security cameras, motion sensors, and a perimeter fence. We considered chain link fencing but believe we have found a fence design that is both more secure and more aesthetically pleasing. It is of a type commonly found in Texas, Oklahoma, and also the Lexington Kentucky area. It has the appearance of high end horse fence but has the no -climb wire spacing one would get from chained link fence along with the added advantage of a welded steel bar that cannot be cut with wire cutters. This welded bar looks nice and also makes it much harder for thieves to remove equipment. We feel that our presence in the area and our security measures will probably help mitigate the security issues the city has faced in that area. In addition to the ordinary work we would perform using the infrastructure previously listed we would like to request a special exception use permit for mulch production and sales under the zoning use known as a "Composting Facility." This permit would allow us to stockpile chips and then recycle them into finished mulch in the exact same way that Parks and Recreation does across the street from our property. Our operation does differ in that our chippers chip logs up to 22" in diameter so it would be rare that we would bring back brush. That means that our stockpile would have a neater and more consistent appearance. It is likely that we could coordinate some of this work with the Parks Department and the grinding contractor they hire in order to reduce the delivery and setup cost for both us and the city. We would like to summarize what this relocation will mean for both the people of Korte Tree Care and the City of Jefferson. Our largest vendor purchases are made in the Jefferson City area owing to the proximity to our current shop and our personal relationships as members of the community. We consistently pay Jefferson City sales tax on our own vendor purchases. Moving to 1129 Cedar City Drive would cement these relationships while moving to Ashland or Columbia would lengthen the travel distance and make Columbia closer. We would be bringing 9 jobs to the City and we will add 3 more jobs immediately upon moving to the new site. Our experience with the region leads us to believe that most of the employees will live in the Jefferson City economic area, as many of us already do. Each job starts at $34,000 per year and will exceed $40,000 within 12 months. As the operation grows we plan to add a minimum of 5 more jobs. Every employee earns a commission on total company sales and this relocation would impact each family positively and also bring outside money into our city's economy. 90% of our mulch sales have been in Boone County and we anticipate the majority will remain there since we deliver the mulch. We expect to increase our mulch sales by about $250,000 once we've moved to the new facility and would like to emphasize that, should the operation be approved, the point of sale for all mulch sales will be the City of Jefferson and thus all of our customers will be paying sales tax to the City. We believe this to be the highest and best use of the property and that it would benefit both the families of Korte Tree Care and also the City of Jefferson. Sincerely, r. Jos a Korte Korte Tree Care 573-219-0980 V N Four Points Land Surveying & Engineering, Inc. W E 17 Northport Plaza - Hannibal, MO. 63401 . Phone: 573-406-5533 S 18-0026 JOSHUA KORTE Suggested Property Description 2.74 Acre — Tract 1 A tract of land being part of the South half of Section 9, Township 44 North, Range 11 West of the Fifth Principal Meridian, Callaway County, Missouri being more particularly described as follows; Beginning at a #5 rebar set at the Northeast corner of the intersection of Olive (a/k/a Teal Street) and Sixth Street as laid down on the Plat of the Town of Cedar City; thence North 09 degrees 10 minutes 3 5 seconds East along the East line of said Olive Street a distance of 647.33 feet to a #5 rebar set on the Southerly right-of-way of Old Highway 63; thence South 52 degrees 37 minutes 07 seconds East along said Southerly right-of-way a distance of 295.74 feet to the West line of Airport Road, a found iron pin bears South 22 degrees 25 minutes 23 seconds West a distance of 0.79 feet; thence South 22 degrees 25 minutes 23 seconds West along the West line of said Airport Road a distance of 512.27 feet to a #5 rebar set on the North line of said Sixth Street; thence North 84 degrees 22 minutes 54 seconds West along said North line a distance of 143.52 feet to the True Point of Beginning, containing 2.74 acres more or less. Suggested Property Description 3.82 Acre -- Tract 2 A tract of land being part of the South half of Section 9, Township 44 North, Range 11 West of the Fifth Principal Meridian, Callaway County, Missouri being more particularly described as follows; Commencing at a #5 rebar set at the Northeast corner of the intersection of Olive (a/k/a Teal Street) and Sixth Street as laid down on the Plat of the Town of Cedar City; thence South 84 degrees 22 minutes 54 seconds West along the North line of said Sixth Street a distance of 185.31 feet to a #5 rebar set on the East line of Airport Road and the True Point of Beginning; thence North 22 degrees 25 minutes 23 seconds East along said East line a distance of 489.51 feet to a #5 rebar set on the Southerly right-of-way of Old Highway 63; thence South 52 degrees 37 minutes 07 seconds East along said Southerly right-of-way a distance of 108.74 feet to a #5 rebar set; thence continuing along said Southerly right-of-way South 57 degrees 44 minutes 41 seconds East a distance of 35.26 feet to a #5 rebar set; thence along curve to the right having an Arc Length of 493.54 feet, a Radius of 2815.56 feet, a Chord Bearing of South 39 degrees 00 minutes 25 seconds ZA2018 Projects\180026 KorteTorrespondance\18026 description.docx East, and a Chord Length of 492.91 feet to a #5 rebar set; thence continuing along said Southerly right-of-way South 05 degrees 37 minutes 06 seconds West a distance of 44.75 feet to a #5 rebar set on the Northerly line of Sixth Street; thence North 84 degrees 22 minutes 54 seconds West along said Northerly line a distance of 611.74 feet to the True Point of Beginning, containing 3.82 acres more or less. The above described tracts are intended to be the same as the property described in a warranty deed recorded in book 471, page 360, instrument number 201801492. All as per Survey #18-0026 as made in April 2018 by Norman D. Ellerbrock, Missouri Professional Land Surveyor #2001011921. tJcr-). ,c)CQ&Lt,c,L 441c -j1 -01E) Norman D. Ellerbrock Missouri Professional Land Surveyor #2001011921 Four Points Land Surveying & Engineering, Inc. Missouri Certificate of Authority #2010035243 N0 Cli m6 ►A5 Wi t4N bo-rh-e(� Wires 5 G. 1 o by i y' noc-Aimb Case No. P18012 1129 Cedar City Drive Special Exception Permit to operate an outdoor mulch production, sales & composting facility IVO f (Vn b � itcc Case No. P18012 1129 Cedar City Drive Special Exception Permit to operate an outdoor mulch production, sales & composting facility q�ttyy. 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PREMIER a.or wa.iw Special Exception Permit to operate an outdoor mulch production, sales & composting facility City of Jefferson Department of Planning & Protective Services 320 E. McCarty St. Jefferson City, MO 65101 April 26, 2018 Dear Property Owner: Carrie Terpin, Mayor Sonny Sanders, AICP, Director Phone: 573-634-6410 Fax: 573-634-6457 This letter is to notify you that the Jefferson City Planning and Zoning Commission will meet at 5:15 p.m. on Thursday, May 10, 2018 in the Council Chambers of the John G. Christy Municipal Building, 320 East McCarty Street, to consider the following matter (see map on back): 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. As a nearby landowner and/or neighbor, you have the privilege of attending this hearing. Unfortunately, we are unable to record comments received by telephone, however, written comments may be directed to the Planning and Zoning Commission in one of the following ways: e-mail: jcplanning@jeffcitymo.org fax: Dept. of Planning and Protective Services / Planning Division 573-634-6457 mail: Dept. of Planning and Protective Services / Planning Division John G. Christy Municipal Building, 320 E. McCarty Street Jefferson City, MO 65101 Written comments received on or before 1:00 p.m. on the day of the meeting will be made a part of the official record and copied and distributed to Commission members at the meeting. Those unable to provide written comments in advance are invited to deliver their comments to the Commission Chairman only at the meeting. Correspondence received after 1:00 p.m. will be included in the official record, but there is no guarantee that copies will be made for distribution to all Commission members. For your information, this case is tentatively scheduled for a public hearing in front of the City Council on, June 18, 2018. The City Council meets at 6:00 p.m. in the Council Chambers of the John G. Christy Municipal Building, 320 East McCarty Street. Information regarding this case may be viewed on the Planning and Zoning Commission webpage at: If you have any questions concerning this matter, Sincerely, l Ian Zollinger Planner please feel free to contact us at 573.634.6475. Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Please call (573) 634-6410 with questions regarding agenda items. Jefferson City Planning & Zoning Commission Property Owner List Page 1 Case No. P18012 1129 Cedar City Drive May 10, 2018 Donald M Farmer Trust P.O. Box 104960 Jefferson City, MO 65101 Ryan, Patrick M . & Anne M. 2600 Pebble Creek Ct Columbia, MO 65201 1129 Cedar City Drive (Subject Property) Dallas L. Humphrey 1211 E High Street Jefferson City, MO 65101 Capital Real Estate Holdings LLC 12610 Renz Farm Road Jefferson City, MO 65101 G&K Real Estate LLC 12575 Renz Farm Road Jefferson City, MO 65101 Case No. P18012 1129 Cedar City Drive Special Exception Permit 0 65 130 200 390 520 185 ft. Notification Buffer 63 O� e 0 0 sixrH sr.. __-__ 0 0 0 ALLEY 3 2 O U FIFTH SrLU i z - 9 O 05� Z O fi0P z N FOURTH ST K O O O O 3 z HFMTFM 0 U Jefferson City Planning & Zoning Commission May 10, 2018 Case No. P18013 St Joseph Cathedral School 2303 W Main Street Appeal of a Sidewalk Deferral Decision Contents of Packet: 1. Sidewalk Deferral Application 2. Directors Notice of Denial 3. Application for Appeal City of Jefferson Planning & Zoning Commission LOCATION MAP VI OAKVIEW'DR v'L I r - WMAINST o O� /A(I)U ar ars �i� Case No. P18013 N 2303 West Main Street 0 65 s�o 740 Feet Sidewalk Deferral Appeal W+ \ E S City of Jefferson Planning & Zoning Commission Case No. P18013 2303 West Main Street Sidewalk Deferral Appeal VICINITY W 0 495 990 1,980 Feet N Jn W+E S APPLICATION FOR DEFERRAL OF SIDEWALK REQUIREMENT In accordance with Section 32-903 of the City Code, as amended by Ordinance No. 94629 City of Jefferson, Missouri Department of Planning and Protective Services 320 East McCarty Street, Room 120 Jefferson City, Missouri 65101 Phone (573) 634-6410 Fax (573) 634-6457 1. Project Information Name of Project St. Joseph Gym/Performing Arts Expansion Property Address 2303 West Main, Jefferson City, MO 65109 Estimated Project Construction Costs: Estimated linear feet of sidewalk required: Required width: 2. Property Owner Information Name John R. Gaydos, Bishop of Jefferson City Mailing Address PO Box 104900 City, State, Zip Code Jefferson City, MO 65110-4900 Phone Number 573-635-5024 (Contact: Spencer Allen, Principal) E-mail Address sallen@sjcsmo.org 3. Attach the following information to this application Q Site Plan or visual representation of required sidewalks ✓ Property Legal Description Engineering Analysis (if applicable) 4. Date filed: Reason for Deferral Request (conditions for sidewalk deferral ouflined in Section 32-9.C.6; check all that you believe apply): The City has plans to construct sidewalks to serve the development, or plans to widen or reconstruct the adjacent street which would require replacement of the sidewalk within five years. ❑ No curbs and gutters exist, and it is impossible to a reasonable degree of certainty to accurately predict the line and grade of future curbs and gutters. ❑ The location is within an area zoned industrial and there currently are no sidewalks or pedestrian generators in the area. aAn engineering analysis accepted by the Director demonstrates the terrain or other natural or geographic features of the location are such that it is not reasonable to construct sidewalks. ❑ An engineering analysis accepted by the Director demonstrates an alternate pedestrian way within the site provides an acceptable alternative. ❑ The development is proposed as very low residential density, consisting of single family dwellings on lots of one acre or more, provided such lots have street frontages of 350 feet or more. ❑ The frontage is along a state or federally designated route with a permitted speed in excess of 49 mph or a local street with a permitted speed in excess of 49 mph. Fv—(] The development was required to construct sidewalks under the terms of previously existing ordinances and did not comply with that requirement, but would not be required to construct sidewalks if the event which triggered the original requirement to build sidewalks had instead occurred at the time the present application was made. The requirement of constructing a sidewalk as provided in this section would cause a property to lose all value, or construction of a sidewalk will make the property unusable for any practical purpose, or if the construction of a sidewalk would create an unusual hardshi for the ownw bat_is, a hardship which would not be incurred by similarly situated property own gh,1Th6�ir'e�Yor� ceived the consent of the Public Works Committee. M IL LD 1_, 1� "` APPLICATION FOR DEFERRAL OF SIDEWALK REQUIREMENT Page 2 5. Project Narrative. Please explain why the conditions checked above apply to this property. 9 an engineering report is required, it must be attached (attach additional pages if necessary): See Attached Narrative I/we affirm that I am/we are the owner(s) of the above described property and wish to apply for a sidewalk deferral. I/we understand that, if this application is approved, a Notice of Deferral will be recorded with the County Recorder. Property Owner Signature _Spencer Allen, Principal Property Owner #1 Name (type or print) Property Owner #2 Name (type or print) Property Owner Signature Other Contact or Applicant Information (if different from property owner): Name: Spencer Allen Mailing Address: 2303W. Main Street Phone Number: E -Mail Address: Jefferson city. Mo 65109 573.535-5024 satler@sjcsmo.org For City Use Only Reviewed by 0 Planning Division 0 Dept. of Public Works ❑ Planning and Protective Services Director Decision by Director 0 Deferral Denied. C Deferral Approved — proceed with "Notice of Deferral" 0 Full Deferral as identified in application 0 Partial Deferral — explain or list conditions below Basis for Decision List any conditions (attach map If necessary) Signed/Title Director, Department of Planning and Protective Services Date Notice of Deferral /Notice of Deferral completed and signed by property owner(s) Recording fee received (attach copy of the check, payable to Recorder of Deeds) Notice of Deferral delivered to Recorder of Deeds (date: Copies of recorded documents frled;copy mailed to property owner (date: Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. St. Joseph Cathedral School — Gym I Performing Arts Addition Application for Deferral of Sidewalk Requirement Narrative PROJECT BACKGROUND: St. Joseph Cathedral School was established as an elementary school in September 1960 after St. Joseph Parish was founded April 6, 1958. The school was initially an elementary school, but over the years, Pre -School, Kindergarten and Middle School classes were added. Several building additions have taken place over the years since the school's founding to accommodate added students. The original school building served as both the parish church and the school until 1968 when the Cathedral building was constructed. Numerous additions then took place over the years, especially in the mid 1980's when enrollment was over 400 students. The school doubled in size for the 2009-2010 school year with a significant addition which included classrooms, library, cafeteria, kitchen and administrative offices. Today, the school is wanting to add much needed space to the gymnasium which would provide a stage for performing arts and storage in the basement. The 2009 addition activated the sidewalk ordinance at that time, but it was apparently not enforced at that time. Today, however, current City Staff is requiring adherence to the current sidewalk ordinance which would require a 5' wide sidewalk be added to the entire West Main frontage for the Parish and School. It should be noted that the property on the far east of the site is under a different ownership than the school and parish property and is not included in this area. Currently, a sidewalk is located on the north side of Vilest Main. The owner has access to the sidewalk via an existing signalized pedestrian cross -walk located in front of the existing school building. This sidewalk extends to Belair Drive to the west and connects to the existing Greenway Trail at Binder Drive and Memorial Park to the east. There are no sidewalks on the south side of the street in the area of St. Joseph Cathedral. The nearest sidewalk to the east ends just east of Forest Hill Ave. From the end of this sidewalk to the St. Joseph property, the area where a sidewalk would be constructed is currently a steep hill from the back of curb up to existing yards which sit up higher than the street. Constructing sidewalk in this street of street would require retaining walls and re -construction of the all of the driveways to meet ADA requirements. The properties west of St. Joseph are also similar in having topographic challenges where the street sits much lower than the yards and driveways. The topographic challenges presented by the south side of West Main probably indicates why sidewalks have never been constructed in this area even though it is an established neighborhood that is full of sidewalks on all of the main roads. A prime example of this is indicated in the Minutes of the March 4, 1985 City Council meeting. Bill 84-217 called for "...the improvement of West Main Street, from Binder to Belair Drive, by constructing sidewalks with Portland Cement Concrete." This bill led to Ordinance No. 10383 which called for the construction of the sidewalks and for the adjoining property owners to be taxed for construction. The bill did not say to only construct sidewalks on the north side of Vilest Main and it called for all adjoining properties, both on the north and south side of West Main, to be taxed to pay for a sidewalk to serve pedestrians. A plan was subsequently developed which only showed construction of the sidewalks on the north side of West Main Street. According to the Public Works Director at that time, he recollects that this project started as a petition by the neighborhood and the request indicated that the neighborhood only wanted the sidewalk on the north side of West Main, but all properties would pay for it. It is unknown if this is because everyone knew it would be too expensive to construct on the south side or if the residents just did not want them on that side of the street. Perhaps an archive file might be able to answer this question. During the March 3, 1986 City Council meeting, Bill 85-207 was read which would authorize a special tax bill against all lots, north and south side of the street, even though the sidewalk would only be constructed on the north side of West Main. This bill passed at the March 17, 1986 council meeting and became Ordinance 10600. A review of this ordinance does in fact show that, then Bishop Joseph M. Marling was taxed for their frontage along West Main even though the sidewalk was not constructed on their actual frontage. One would ask if it was reasonable and desirable to construct sidewalk on both sides of the street as the original bill authorized by stating it in general terms, why was it not done? A project file might be able to answer this question, but the fact remains that sidewalks exist on the north side of West Main and a pedestrian crossing exists at the school to provide a safe connection to the existing sidewalk and this was all accomplished with extensive thought and input by the City Council, Public Works Department and the neighborhood and this set up seems to be working great today. This leads to our current Application for Deferral of Sidewalk Requirement, which is being requested today. REASON FOR DEFERRAL REQUEST: Reason 1: The City has pians to construct sidewalks to serve the development.... o Explanation 1: While this reason deals with future construction plans, the Owner would argue that looking at what actually happened in the past where the City "had" plans to construct a sidewalk to serve the development and did so by placing the sidewalk on the north side of West Main with a crosswalk to access it. This issue has already been resolved and sidewalks and a Greenway already serve this development. • Reason 2: An engineering analysis accepted by the Director demonstrates the terrain or other natural or geographic features of the location are such that it is not reasonable to construct sidewalks. o Explanation 2: Once again looking at what has been historically done in regard to sidewalks in this neighborhood has already addressed this reason. This neighborhood is full of sidewalks and the only place where they have not been constructed along West Main Street is where the terrain makes it unreasonable to construct them. This would be from Forest Hill Ave. to the area of Jaycee Drive where the neighborhood becomes industrial anyway. Engineering Analysis for this would include noting the existing topography on the south side of West Main in this area. On the St. Joseph property, the prime area of difficulty would start at the west entrance to the Cathedral and extend to the east. This would require reconstruction of a large portion of the east Cathedral entrance to meet ADA grades and requirements. • Reason 3: The development was required to construct sidewalks under the terms of previously existing ordinances and did not comply with that requirement but would not be required to construct sidewalks if the event which triggered the original requirement to build sidewalks had instead occurred at the time the present application was made. o Explanation 3: Once again, looking at historical data, this development was in fact required to construct sidewalks in accordance with Ordinance 10383 and to pay for it in accordance with Ordinance 10600, which they did. They have already met all past Ordinance requirements to construct sidewalks for this property. • Reason 4: The requirement of constructing a sidewalk as provided in this section would cause a property to lose all value, or construction of a sidewalk will make the property unusable for any practical purpose, or if the construction of a sidewalk would create an unusual hardship for the owners (that is a hardship which would not be incurred by similarly situated property owners) and the Director has received the consent of the Public Works Committee. o Explanation 4: Construction of this sidewalk would create an unusual hardship for the owners. As noted in the meeting with City Staff, the school administrators believe that constructing a sidewalk along the south side of West Main along the St. Joseph School and Cathedral property would create a unique safety problem for the school. While most public schools have a large portion of their population which are "walkers" and walk to school where sidewalks are important, St. Joseph has very few students who walk to school. Most students are considered "car -riders." It is estimated of approximately 500 students, only about 50 will need to access the City Sidewalk system, and all of them will need to cross !Nest Main. The current setup where there is one cross -walk located directly in front of the school makes it easy for the school to safely control where students cross West Main with the help of crossing guards. If sidewalks are constructed along the south side of West Main, this would make it inviting for students to just hop on the sidewalk without messing with the cross walk and then end up in an area where this is no safe and controlled crossing point. The school does not have the resources or staff to ensure students to not end up in this unfortunate situation. The owner would appeal to the Public Works Committee to consider this safety issue. The owner would not be opposed to sidewalks on the south side of West Main if they connected with other sidewalks that went somewhere and feel that a public project could be needed in the future to make this happen. No Existing Sidewalks A Existing Sidewalk v „ Memorial Park t' 0 Signalized Pedestrian Crossing a Greenway Trail t Greenway Trail— IF ,' r r / >� .aj Sidewalk Required ;� ,� 'V° per current ordiance. :z +/- 1035' 9� r,• Rt. josep h Cathadrai kcisdai VISUAL FOR APPLICATION 2303 West Main Street OF SIDEWALK DEFERRAL Case No.P18013 2303 W Main Street Appeal of Sidewalk Deferral Decision Central Missouri Professional Services, Inc. �macm - 9MYLYpC - WiGX48i c 10.9ROXtOIY, tl c.. WIYI 0.1) W-Yn !; No Existing , Sidewalks I' Qap ..ti ajY t� .j � ��vy • t � • Rt. josep h Cathadrai kcisdai VISUAL FOR APPLICATION 2303 West Main Street OF SIDEWALK DEFERRAL Case No.P18013 2303 W Main Street Appeal of Sidewalk Deferral Decision Central Missouri Professional Services, Inc. �macm - 9MYLYpC - WiGX48i c 10.9ROXtOIY, tl c.. WIYI 0.1) W-Yn City of Jefferson Department of Planning & Protective Services 320 E McCarty Street Jefferson City, MO 65101 March 16, 2018 Spencer Allen, Principal St. Joseph Cathedral School 2303 W. Main Street Jefferson City, MO 65109 Carrie Ter is in,_Mayor Sonny Sanders, AICP, Director Phone: 573-634-6410 Fax: 573-634-6457 Re: Sidewalk Deferral Application, Filed March 7, 2018(#SWD 2018-02) St. Joseph Gym/Performing Arts Expansion 2303 West Main Street, Jefferson City, MO Dear Mr. Allen, Upon careful consideration of the criteria required by Section 32-103 of the City of Jefferson Code, the application for deferral has been denied. This decision was based on the Sidewalk Master Plan adopted by the City Council in 2010, and the deferral criteria adopted by the City Council, codified in Chapter 32 (Section 32-103). The Sidewalk Master Plan was adopted so that sidewalks would be required as pari of private development when the site was on an arterial, collector or important connector -type street, streets on which transit routes are located, and in areas where high pedestrian activity is expected, such as near school, parks, commerce, and high density residential areas. The rational for this decision is contained within the attachment. If you choose to appeal the decision, the process is outlined in Section 32-103. This code provides that an applicant aggrieved by the decision of the Director may file a written appeal to the Planning and Zoning Commission, addressed to the City Clerk, within 10 days of the decision of the Director. Sincerely, Sonny San ers, AICP Department Director Cc: Property Owner Cc: Public Works staff Staff Analvsis In 2010, the City of Jefferson adopted the current Sidewalk Master Plan. The Plan outlines the best practices for sidewalk planning, as adopted by the American Association of State Highway and Transportation Officials and the Federal Highway Administration. Following the best practices suggested by these two organizations, the City prioritized streets based on measurable factors to determine which streets in the City would have sidewalk on both sides of the street. The plan focuses on streets that have a low to moderate capacity that collect traffic from local streets, also known as a collector, and streets which deliver traffic from collectors to and from urban centers, known as arterials. The plan prioritizes these streets considering the population of the area, whether schools are nearby, and if the streets are included on public transportation routes. The plan takes in consideration all possible users of sidewalks, not just the immediate property owners. The city has also incorporated the Capital Area Pedestrian & Bicycle Plan in 2016 as part of its Comprehensive Plan. The plan stresses the importance of connectivity and improving access to schools, residential areas, and parks. West Main Street has been identified, through analysis, by staff as an arterial street in need of sidewalks on both sides. The current project for a building addition triggers requirements Section 32-103 of the City Code to construct sidewalks along roadway frontages of the property. In 2010, when the classroom addition project was built, a plan to stripe the area along the roadway as a pedestrian walkway was proposed by the applicant. This plan appears to never have been approved by the City, nor was it ever installed. Striping an area along the street would not conform with City sidewalk standards, would conflict with existing parking along that paved area, and would not be safe considering the lack of a meaningful visual or physical barrier between the vehicle travel lane and pedestrian walkway lane. The sidewalk requirement applies to the entire property frontage, including the street frontage in front of the cathedral, which is contained on the same property, under same ownership, and interconnected via driveways, internal walkways, and use. It is important to understand the deferral processes outlined in City Code is not a variance from the sidewalk requirement. City Code in Chapter 32 Section 103 offers conditions, that if they exist, the deferral can be granted. The applicant has listed 4 conditions for City Staff to consider. Condition 1: The City has plans to construct sidewalks to serve the development, or plans to widen or reconstruct the adjacent street which would require replacement of the sidewalk within five years Response 1: The City does not have plans to build sidewalk along the frontage of the property. Condition 2: An engineering analysis accepted by the Director demonstrates the terrain or other natural or geographic features of the location are such that it is not reasonable to construct sidewalks. Response 2: The City has not received an engineering analysis demonstrating the terrain or other natural geographic features of the location that would make it unreasonable to construct sidewalk, nor likely would it be demonstrated by one if received. There are several examples of sidewalk constructed in far more difficult terrain along West Main Street than what exists along the frontage of the property. The Engineering Division of Public Works has reviewed the site and has determined it would be feasible to construct sidewalk. Condition 3: The development was required to construct sidewalks under the terms of previously existing ordinances and did not comply with that requirement, but would not be required to construct sidewalks if the event which triggered the original requirement to build sidewalks had instead occurred at the time the present application was made. Response 3: The condition does not apply to the situation. Condition 4: The requirement of constructing a sidewalk as provided in this section would cause a property to lose all value, or construction of a sidewalk will make the property unusable for any practical purpose, or if the construction of a sidewalk would create an unusual hardship for the owners (that is a hardship which would not be incurred by similarly situated property owners) and the Director has received the consent of the Public Works Committee. Response 4: The construction of sidewalk will not cause the property to lose all value or for the property to become unusable. No hardship would be created that would not be incurred by those with similarly situated property. The narrative submitted with the deferral application specifies past ordinances dealing with the improvement and installation of sidewalk along West Main across from the property. Previous compliance with an ordinance that created a one-time special tax for the amount of $283.25 does not exempt the property from complying with the current sidewalk requirement. Please note that if an appeal is made, the property owner of record or their specified designee must sign the appeal for it to be considered. STO JOSEPH CATHEDRAL SCHOOL 2303 WEST MAIN STREET * JEFFERSON CITY, MISSOURI 65109-0915 phone (573) 635-5024 fax (573) 635-5238 "We will be disciples of Christ and fishers of men." March 21, 2018 Emily Donaldson, City Clerk 320 E. McCarty Street Jefferson City, MO 65101 Re: Appeal of Sidewalk Deferral Application - CMPS Job #99-025 (fled March 7, 2018) Dear Ms. Donaldson, This appeal letter is in response to the March 16, 2418, denial of our application for deferral of sidewalk construction under the guidelines from Section 32-103 of the City of Jefferson Code. We appreciate the response provided by Department Director Sonny Sanders, as well as the time and energy put forth by him and the Public Works staff in considering this issue. However, the rationale provided for the denial does not address the primary concerns brought forth in our meeting with the Public Works staff or in our written address of Condition 4 of the city code regarding the Sidewalk Master Plan. In addition, the opening narrative of Mr. Sanders' response also supported another substantial hardship that sidewalk construction would cause for our operations. While our initial application for deferral addressed several issues for consideration, the issue of student safety, along with a new issue of vehicle management, both fall under Reason 4 for deferral: Reason 4: The requirement of constructing a sidewalk as provided in this section would cause a property to lose all value, or construction of a sidewalk will make the property unusable for any practical purpose, or if the construction of a sidewalk would create an unusual hardship for the owners (that is a hardship which would not be incurred by similarly situated property owners) -and the Director has received the consent of the Public Works Committee. sc'c' tllc' diffo-c'1k'c'! www.sjcsmo.org This appeal outlines the two hardships created by the installation of a sidewalk, both of which are "unusual" in that they will not be incurred by similarly situated property owners and would not create a precedent which would be applicable in other deferral applications. Explanation 9 - Student Safety: St. Joseph Cathedral School has a population of over 470 students, from two -years -old through junior high. Several dozen students either walk/bike home or meet parent drivers at a remote location. These student pedestrians, including those who walk/bike to school, cross West Main at a crosswalk directly in front of school. This crosswalk is supervised and coordinated by faculty, along with student safety patrol members. At the crosswalk location, students can be safely escorted across the street to a sidewalk that is functional along a substantial portion of West Main Street. Section 32-103 would mandate a sidewalk along the entire front of the Cathedral property, though no sidewalk would connect to it on either end. The parish/school administration is aware of and generally supports the city's plan to build sidewalks in segments corresponding to improvements in local residences and businesses. However, to have an unattached segment constructed in front of a school presents safety concerns that Public Works staff and Mr. Sanders' letter have not addressed, demonstrating a burden of proof that we, the applicant, has successfully put forward. A sidewalk in front of school is a city -sanctioned invitation for student pedestrians to avoid the use of our supervised crosswalk and to walk either direction along West Main. At the meeting with Public Works staff, we traced the total distance of the proposed sidewalk and then explored what options a student would have at the point of reaching its termination on either side. The abrupt ending of the sidewalk would force a student pedestrian to dart across the street without assistance or crosswalk lights or to continue walking along West Main along with the flow of traffic (with their backs to oncoming traffic, contrary to safe guidelines for street -bound pedestrians). This is after the sidewalk encourages them to cross a busy entrance or exit from the parking lot on either side. In response, the Public Works staff scrutinized this proposal with the following responses (paraphrased): • Would additional crosswalks at either end of the sidewalk reduce the risk for these pedestrians? Additional crosswalks are a substantial expense that A) do not increase safety because the school would not have faculty and student personnel to assign to these areas, both of which would be largely out of view of our main operations and B) the suggestion of additional crosswalks does not support the idea that the Public Works staff sees connecting sidewalks as being connected anytime soon. In addition, the newer strobe -effect crosswalk lights being transitioned into the city plan do not legally call for a stop of vehicles on the road, and cars regularly run the strobe -lights. The school cannot support either the spotty disruption of West Main along several stops or the location of new crosswalks out of view of the school operations. • Is the sidewalk in front of West School not a precedent that contradicts of the concern brought forth on the St. Joseph Cathedral School project? The sidewalk in front of West School does not take students to an abrupt end. Rather, it leads them to other connecting sidewalks in one direction. In the other direction, it connects these students with Donald Street and, beyond that, at least seven private residences. The sidewalk in front of St. Joseph Cathedral School would not connect to any side streets or pass in front of any private residences. • How is a sidewalk on the south side of West Main different from students being picked up by parents who park on the north side of West Main, on the other side of the crosswalk? There is no comparison between these two scenarios, as the north side of West Main connects to a substantial stretch of sidewalk, often leading students directly to parked drivers. Parking is not allowed on the stretch of West Main where the proposed sidewalk would lead. This was demonstrated by referring to the map available at the Public Works meeting. At the Public Works meeting, Spencer Allen asked twice who at the table felt comfortable supporting the safety conditions presented, and there were no responses in the affirmative. The meeting explored a desire to follow city code, but also keep students safe. For similar reasons, other cities have included exemptions for safety reasons in their sidewalk plans, so this appeal is an opportunity for the City of Jefferson to reach a similar win-win solution through deferral. This hardship is "unusual" in that, to our knowledge, no other business or property along the City's proposed sidewalk master plan meets these combined criteria: • A population of over 450 young children in movement simultaneously during times when careful dismissal and supervision are imperative to safety; • No connecting sidewalks on either side of the property to which school sidewalks can connect, forcing a dangerous decision either way for young pedestrians; • A proven safe means of pedestrian traffic to all reasonable destinations. In summary of this point, St. Joseph Cathedral is not making a "sidewalk to nowhere" argument, but rather making the case that an elementary school is the wrong location for the first segment. At the Public Works meeting, we discussed that, given the nature of properties along the south side of West Main, there is no reasonable long-range vision of the type of development that would connect to our school. The example of the commercially -zoned Missouri Blvd., brought up at the meeting, is not a fair comparison to the residential neighborhood of West Main. Explanation 2 - Parking hardship: In Mr. Sanders' letter of denial to the original deferral request, he made reference to a proposal from an earlier project with St. Joseph Cathedral School. This proposal involved a striped pedestrian walkway on the strip of roadway directly in front of the elementary school. Mr. Sanders detailed reasons why this proposal would not be satisfactory, one of which included that "Striping an area along the street ... would conflict with existing parking along that paved area." The school had certainly considered this hardship and appreciates that Mr. Sanders recognizes the concern, which would also exist with the sidewalk proposal. A sidewalk in the proposed area would remove up to 11 parking spaces directly in front of school. These parking spaces cannot be retained by simply moving the curb in without reducing pick-up/drop-off lanes from two to one, causes back-up on West Main. This parking is essential for three reasons: • It serves as additional parking for major liturgical events, as the Cathedral hosts events for the entire diocese and the lots are often entirely filled. • Pick-up and drop-off procedures completely remove any access to or from visitor parking directly in front of school. Parents who need to stop quickly to pick up students during dismissal (e.g. doctor appointments) are only able to park in the area alongside the street. This need occurs often throughout the year. With the proposed sidewalk, there would be zero emergency or urgent guest parking available during these times. • During special events where a large number of elderly visitors are in attendance (e.g. Grandparents' Day), the paved section along West Main provides additional parking for guests who, because of age or handicap, would otherwise have to walk from a space at Memorial Park or the other side of our campus. This hardship would also be "unusual" in that it would not be an issue of contention for other properties along the City's master sidewalk plan. Even if other properties have similar parking, the clientele and pick-up/dismissal practices, as well as special events, of an elementary school make this situation a substantial hardship. Finally, while budget is not the primary motivation for our appeal, a substantial additional hardship is present in the funding of this project. As the city plan requires a sidewalk across all property under common ownership, the expensive installation of the sidewalk would fall solely upon the donors contributing to a school expansion. However, the property encompasses not just school, but parish and diocesan operations. This puts the additional financial burden of complying on behalf of the entire diocese upon a very select group of individuals, mostly school families, who are already sacrificing to support a project that is officially a few thousand behind the overall goal. For these reasons of a created "unusual hardship", this appeal of the deferral decision is being requested. Please let me know if additional information is required. Sincerely, Y� K Msgr. Robert A. Kurwicki Rector of St. Joseph Cathedral Vicar General of the Diocese of Jefferson City Principal of St. Joseph Cathedral School