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HomeMy Public PortalAbout2018-06-14 minutesMINUTES JEFFERSON CITY PLANNING AND ZONING COMMISSION June 14, 2018 5:15 p.m. COMMISSION MEMBERS PRESENT Bunnie Trickey Cotten Jack Deeken Dean Dutoi Chris Jordan, Chairman Michael Lester Michelle Mahoney Blake Markus Dale Vaughan Chris Yarnell, Vice Chairman Hank Vogt, Alternate ATTENDANCE RECORD 9 of 10 9 of 10 4 of 10 10 of 10 9 of 10 7 of 10 6 of 10 9 of 10 7 of 10 1 of 1 COMMISSION MEMBERS ABSENT Matthew Hall, Alternate 3 of 10 COUNCIL LIAISON PRESENT Carlos Graham, Council Liaison STAFF PRESENT Sonny Sanders, Director of Planning & Protective Services Bryan Wolford, Associate City Counselor Eric Barron, Planning Manager Shane Wade, Civil Engineer II lan Zollinger, Planner Ahnna Nanoski, Planner Anne Stratman, Administrative Assistant 1. Call to Order and Introduction of Members, Ex -officio Members and Staff The Chairman, all regular members and one alternate was present. A quorum was present. Designation of Voting Alternates Chairman Jordan explained that staff has requested to reorder the agenda to hear Case No. P18015 first, the Final Subdivision Plat of Turtle Creek Subdivision, Section Two. Ms. Cotten moved and Mr. Dutoi seconded to reorder the agenda to hear Case No. P18015 the Final Subdivision Plat of Turtle Creek Subdivision, Section Two, first. The motion passed 8-0 with the following votes: Aye: Cotten, Deeken, Dutoi, Lester, Mahoney, Markus, Vaughan, Yarnell The Chairman announced that all regular members are eligible to vote on Case No. P18015 the Final Subdivision Plat of Turtle Creek Subdivision, Section Two. Ms. Cotten announced that she will be leaving after Case No. P18015 the Final Subdivision Plat of Turtle Creek Subdivision, Section Two. Chairman Jordan announced that Alternate Vogt will be eligible to vote on Case No. P18014, Creation of the School Street Local Historic District. Jefferson City Planning & Zoning Commission Page 2 June 14, 2018 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 Councilman Graham arrived at 5:23 p.m. 3. Adoption of Agenda Ms. Cotten moved and Mr. Dutoi seconded to adopt the agenda as reordered. The motion passed 8-0 with the following votes: Aye: Cotten, Deeken, Dutoi, Lester, Mahoney, Markus, Vaughan, Yarnell 4. Approval of Minutes of the Regular Meeting of May 10, 2018 Mr. Yarnell moved and Mr. Lester seconded to approve the minutes of the Regular Meeting of May 10, 2018 as written. The motion passed 8-0 with the following votes: Aye: Cotten, Deeken, Dutoi, Lester, Mahoney, Markus, Vaughan, Yarnell 5. Communications Received Correspondence was received for Case No. P18014. 6. Other New Business Case No. P18015 — 1050 South Country Club Drive, Final Subdivision Plat of Turtle Creek Subdivision, Section Two. Request filed by Lage LLC, property owner, for a Final Subdivision Plat of 13.64 acres consisting of 34 lots. The property is zoned RS -2 Single Family Residential and is located on the west side of South Country Club Drive 350 feet north of Old Lohman Road and is described as part of the Southwest Quarter of Section 8 and part of the Northwest Quarter of Section 17, Township 44 North, Range 12 West, Jefferson City, Missouri (Central Missouri Professional Services, Consultant). Mr. Zollinger described the proposal and explained that this is the final phase of Turtle Creek Subdivision. He stated that Section Two consists of 41 lots on 16.02 acres and is zoned RS -2 Single Family Residential. Mr. Paul Samson, Central Missouri Professional Services, 2500 E. McCarty Street, spoke regarding this request and distributed a visual depicting the layout of the proposed subdivision. Mr. Samson explained that the existing street, Tanman Court, will be extended. He stated that two new streets, Ronan Court and Ryder Court will end in a cul-de-sac. Mr. Samson explained that Tanman Court and Ryder Court both have extensions of right-of-way that go to the property line that would permit future extensions onto adjacent properties for future developments. He stated that parking will be allowed on one side of all streets. Mr. Samson explained that sidewalks will be constructed on one side of all streets. He stated that construction will be in two phases with Ronan Court constructed first and once all of the lots are sold Ryder Court would be the last phase. Mr. Samson explained that Lot 48 would be dedicated to the City for maintenance of a stormwater quality basin. No one spoke in opposition to this request and no correspondence was received. Jefferson City Planning & Zoning Commission Page 3 June 14, 2018 Mr. Zollinger gave the Planning Division staff report. Mr. Wade gave the Engineering Division staff report. Mr. Samson concurred with staff comments and recommendations. Ms. Cotten moved and Mr. Yarnell seconded to recommend approval of the Final Subdivision Plat of Turtle Creek Subdivision Section Two, subject to comments and technical corrections of the Planning and Engineering Divisions, to the City Council. The motion passed 8-0 with the following votes: Aye: Cotten, Deeken, Dutoi, Lester, Mahoney, Markus, Vaughan, Yarnell Ms. Cotten left at 5:46 p.m. Chairman Jordan announced that Mr. Vogt is eligible to vote. 7. New Business/Public Hearings Case No. P18014 —Creation of the School Street Local Historic District. Request filed by Jenny Smith, lead applicant, and 21 other property owners within the proposed district for the following: 1. Creation and designation of the School Street Local Historic District for an area containing 28 property parcels and consisting of approximately 4 acres. 2. Enactment of design guidelines for properties within the district, including regulations requiring review and approval of new buildings and building modifications by the Historic Preservation Commission. The proposed historic district is generally located south of East McCarty Street, east of Wears Creek, North of Highway 50/63, and on Lafayette Street frontage. Maps of the proposed historic district area and proposed design guidelines are available on the Planning and Zoning Commission website at: www.jeffersoncitymo.gov and are on file at the Department of Planning and Protective Services and available for review during regular business hours. Mr. Barron described the proposal and explained that the primary purpose of a local historic district is to regulate building design in the interest of preserving historical character. He stated that a tiered structure of tools for historic preservation was put in place in 1998: (1) Neighborhood Conservation Advisory District; (2) Neighborhood Conservation Planned District; and (3) Historic District. Mr. Barron explained that in 2006, the City Code was amended and the first two items in the tiered structure were removed and replaced with the Neighborhood Conservation Overlay District section of the Zoning Code. He stated that the Capitol Avenue Overlay District is a form of the Conservation Overlay District. Mr. Barron explained that statutory authority for design requirements is largely rooted in zoning powers, and it is therefore necessary for the proposed historic district to be reviewed by the Planning and Zoning Commission. He stated that the role of the Planning and Zoning Commission is to conduct a public hearing, review and make a recommendation on the application to the City Council. Mr. Barron explained that the Planning and Zoning Commission has a number of options when making a recommendation. They can make a positive recommendation, a negative recommendation, a neutral recommendation or any other recommendation that they feel the City Council needs to consider. He stated that if approved, the School Street area would have the highest historic designation available at the local level, a designation that exists nowhere else within the City. Mr. Barron explained that a public informational meeting for property owners within the area was held on April 19. He stated that the informational meeting focused on the details of the proposal, application process, and resulting regulatory requirements. Mr. Barron explained that on May 1 the Historic Preservation Commission voted to approve the proposal, and their recommendation for approval will be forwarded to the City Council along with the recommendation by the Planning and Zoning Commission. He stated that application was signed by 22 of the 28 property owners within the proposed district, which meets the 75% property owner signatory requirement for application for a local historic district. Mr. Barron explained that the application includes proposed design guidelines, which are a subjective set of criteria that would be used by the Historic Preservation Commission when reviewing future building permit applications for the area. If approved, any future exterior building proposals or modifications in the area would be subject to Historic Preservation Commission review and approval. Mr. Barron discussed the proposed design guidelines for existing buildings, new buildings and site features. He stated that new construction and exterior modifications would be subject to review by the Historic Jefferson City Planning & Zoning Commission Page 4 June 14, 2018 Preservation Commission. Mr. Barron explained that a large portion of the proposed local historic district is located in the floodplain as shown on federal floodplain maps. He stated that federal floodplain regulations only allow improvements to an existing structure located within a floodplain of up to 50% of the structure value, which is known as the Substantial Improvement Clause. Mr. Barron explained that federal regulations include a provision for elimination of the 50% maximum improvement value for contributing structures within a certified historic district. He stated that City staff is uncertain as to whether historic designation at the local level would result in removal of the 50% Substantial Improvement rule. Mr. Barron explained that Staff has no information that formation of the district would actually result in relief from those Federal floodplain regulations. He stated that Staff have tried to seek clarification on this item and have gotten no clear answers. He stated that a supplementary case file information packet was distributed at tonight's meeting that includes the following information: (1) Email communication through Jayme Abbott, Neighborhood Services Manager, regarding Certified Local Historic Districts; and (2) Correspondence to the State Historic Preservation Office requesting determination on impact of Historic District Designation of Floodplain Regulations. Mr. Barron explained that designation of flood prone areas as open space within urban comprehensive planning documents is common, and the bulk of the proposed School Street Historic District is recommended as open space within the land use plan component of the adopted Central Eastside Neighborhood Plan. Mr. Barron gave the staff recommendation and explained that the negative recommendation is based on: (1) Staffs level of discomfort regarding the floodplain issues, the unknown processes associated with and unknown consequences of the floodplain issues, and; (2) that the Historic District is the wrong tool for preservation of the area, that the Conservation Overlay District (what was established for Capitol Avenue) is the more appropriate tool. Mr. Barron explained that the administrative burden created by formation of the district, both on property owners and on the City, is higher than necessary and there are other tools available to provide for design requirements. He stated that the findings of historic significance by the Historic Preservation Commission should be recognized by this body. Mr. Barron explained that the Historic Preservation Commission is the body that is assigned such responsibility by the City Council and their findings should be given due weight by the Planning and Zoning Commission. Jenny Smith, 1211 Elmerine Avenue, spoke regarding this request and explained that she owns property at 612 and 614 E. McCarty Street. She stated that the Planning and Zoning Commission is not the proper purview for a review of the creation of a local historic district. Ms. Smith explained that this may be the appropriate purview to hear design guidelines. She stated that the design guidelines are based on the Capitol Avenue Overlay District guidelines. Ms. Smith explained that snice the stormwater channel was built in the 1960's it has helped mitigate flooding in this area. She stated that the benefits of a local historic district include: (1) revitalization of neighborhoods; (2) preservation of the character of the district; (3) enhancement of property owner's sense of pride, which leads to better maintenance of their property; (4) enhancement of a sense of community; (5) leading to a sense of voice in a community's own future in a structured way; (6) and that the residents in this area are aware of the risk of living in a floodplain. They are not trying to take advantage of federal regulations; (7) the impetus for submitting this application was that the City wants to create a park/open space in this neighborhood; (8) 75 percent of the property owners in this area support the creation of this proposed local historic district. Mr. Yarnell inquired why choose a local historic district over a Conservation Overlay District. In response, Ms. Smith explained that a local historic district would provide the best protection for the neighborhood. The following individuals spoke in favor of this request: • Steve Denalfo, resides at 1302 Roseview Drive, owns property at 618 E. McCarty Street. Mr. Denalfo discussed flood insurance costs and commented that the existing channel was built to prevent flooding. The houses that were removed and the construction of the new Lafayette Street interchange has helped mitigate flooding. • Doug Record, 1009 Fairmount Boulevard, is a member of the Historic Preservation Commission and is speaking on behalf of Chairperson Ms. Mary Schantz. Mr. Record commented that at their May 1, 2018 meeting the Historic Preservation Commission heard testimony from residents that this proposed local historic district is important to them. Other comments made were in reference to the history in this area. Mr. Record explained that the Historic Preservation Commission passed this request unanimously. Jefferson City Planning & Zoning Commission Page 5 June 14, 2018 • Mike Gorman, resides at 305 Crest Avenue, Holts Summit, Missouri and owns property at 608 E. McCarty Street. Mr. Gorman commented that he learned of the Department of Parks, Recreation and Forestry's proposal in their long term plan to make this area a green space. The properties adjacent to his were purchased for that purpose. Without some type of protection it would be very difficult to make improvements to his property under the Substantial Improvement Rule. He explained that a local historic district designation will help improve the neighborhood. • Jane Beetem, 1623 Payne Drive, distributed a more detailed handout of her comments. She stated that discussions related to the floodplain are irrelevant to review of design guidelines. The 50 percent rule prohibits rehabilitation in this area currently. There are vacant houses in this area that cannot be rehabbed because it is cost prohibitive. The Wears Creek Channel has protected the area from flooding. • Winn Harrison, 1916 County Road State Route 00, Holts Summit, Missouri, commented that he has not seen flooding since the Wears Creek Channel was built. • Tony Smith, resides at 1211 Elmerine Avenue and owns property at 612 and 614 E. McCarty Street and commented that property owners in this area will not be bought out if flooding occurs, which happened in Cedar City after the 1993 flood. Ourselves and other property owners are doing work on the interior of their homes and are not exceeding FEMA guidelines. We would like to be able to renovate the exteriors too. The reason that we are pursuing the creation of a local historic district is that the City owns five of the 28 properties in this area and the City wants to tear those properties down. We are also concerned of the long term plan of letting our properties depreciate and the fact that we would not be given market value for our property. The following individuals spoke in opposition to this request: • Reverend Cassandra Gould, Pastor of Quinn Chapel A.M.E. Church, 1521 Hough Street stated that the applicants have cited repeatedly their desire to maintain the historic value of that community and I too want to maintain the historic value of that community. On behalf of parishioners that have called Quinn Chapel home for 168 years I find it odd and hurtful that our church was not considered a part of this proposed district. If indeed the idea was to maintain black history and to make sure that was represented, it is interesting that the applicants were intentional about leaving out the oldest black entity in this city. It is interesting that you did not hear from any actual residents of this area, you only heard from investors that own property in this area and are protecting their investments. I do not think that decisions should be made by people who are outside of the community trying to make a decision for people inside the community. One of the things that Ms. Smith and Ms. Beetem decided was that you have a new building but we are still 168 years old. We were displaced by the construction of the Lafayette Street interchange and that is why we have a new building. Even with that our parishioners were intentional in staying in this community. I believe that this application is an attempt to exclude the very people who this community was built around and the very people who actually created the history. I am asking that this applicant be rejected and that if there is a historical district that it includes Quinn Chapel A.M.E. Church specifically. I honestly think the corridor from the Lincoln University to Quinn Chapel A.M.E. Church should be included. I did make a presentation at the Historic Preservation Commission. This is a community that has been blighted. What we need in this community is not just preservation of ideas and history but also commerce so that the community can be more vibrant. I am not against historic districts. If this proposal is to move forward it should include Quinn Chapel A.M.E. Church no matter the age of the building. We are still a stakeholder in this community and one of the oldest churches of any kind in this community and again the oldest entity to be started by people of color. • Reverend Kimberly Woodruff, 808 Jackson Street, commented that she is a lifelong member of Quinn Chapel A.M.E. Church. The old building was in the floodplain and the basement was flooded numerous times due to rain and not because of the 1993 flood. I am offended that people own property in the community but they do not live there. I find it offensive that they did not do enough research to know that Quinn Chapel A.M.E. Church should be included in any kind of decision that this area should be made into a historic district. • Mr. Arthur Brown, 714 Clark Avenue, commented that he wants to clarify some concerns. In 1994, across the street from Randy Halsey's house, I saw a car washed down the street because of the flood. The Physical Plant Director at Lincoln University lived on the left hand Jefferson City Planning & Zoning Commission Page 6 June 14, 2018 side of School Street and the grounds crew helped clean up his basement. Coach Reed lived on the right hand side of School Street and he had flood damage. Other residents had flood damage too. During segregation a lot of people could not live on School Street, McCarty Street was the dividing line. When they tore down the buildings on Lafayette Street they fled, that is when the black people moved in. That is why it is historic. • Mr. Glover Brown, Executive Director of the Friends of Lafayette Street and the Historic Foot District, 1700 Valley Hi Road, commented that Quinn Chapel A.M.E. Church was excluded from the district even though it is the oldest black entity in Jefferson City. We have proposed an economic development package for the corner of Lafayette Street and McCarty Street. We are offering an economic development package to enhance the neighborhood first, then the community and then the City. He stated that Ms. Smith commented that the City made a mistake buying 408 Lafayette Street. In our proposal we are looking at purchasing 408 Lafayette Street thus eliminating that burden for the City and again offering economic development for this area. We are not in opposition of the historic district. What we want is for the Planning and Zoning Commission to reject the application as it is currently proposed and rewrite it. We are looking at creating a historic district that will include not just School Street, but let us look at the historic area in Jefferson City that goes from Lafayette Street to Clark Avenue and from Dunklin Street to Miller Street. • James Robinett, Jr., 1675 County Road 390, Holts Summit, Missouri, is representing the Jefferson City Chapter of the NAACP. During the Applicant's presentation she spoke of the proposed historic district being the community's voice. When it is not inclusive of the people in this community or a historic church it is not a community voice. It might represent some property owners but it does not represent the community. The Jefferson City branch of the NAACP opposes the application until it becomes inclusive. It is great that they want to preserve the homes in this area by creating a historic district but that has to be an inclusive effort. • Ouida S. Tolbert, 726 Lafayette Street, commented that she is not in opposition but in support of inclusion. Historic preservation is our purpose here. I am not a member of Quinn Chapel A.M.E. Church but it is a real joy to stand with Quinn Chapel A.M.E. Church in this support of inclusion. I have observed Quinn Chapel A.M.E. Church's influence throughout Jefferson City. The following individuals wished to speak regarding this request: • Roger King, 1205 N. Park Avenue, Springfield, Missouri, explained that he used to live at 901 Roland Court. As I grew up here I saw the history, I started to see the houses and the people that cared about this community. I have resided in Springfield for the last 33 years and have resided in the midtown neighborhood historic district. I have seen blighted neighborhoods that were turned around by a historic district in Springfield. I believe that Jefferson City can do the same for blighted neighborhoods. Jefferson City needs to realize and recognize their historic properties. Correspondence in favor of the request was received from the following individuals: • Tony Smith, 1211 Elmerine Avenue • David Heise, 320 Marshall Street • Janet & Jim Gallaher, 4321 Tanner Bridge Road • Pam Taylor • Tammy Boeschen, President, Historic City of Jefferson, PO Box 105056 Correspondence expressing concerns about this request was received from Phil Freeman, Chair, Old Town Revitalization Committee. Mr. Vaughan inquired if Quinn Chapel A.M.E. Church can be added to the historic district just because of the age of the building being new. Mr. Wolford clarified that a noncontributing building can be included in the district. He explained that Quinn Chapel A.M.E. Church cannot be added to this current application, it would require a new applicaiton. The Chairman allowed rebuttal testimony from the Applicant and one person speaking in favor, in opposition and others wishing to speak. He stated that each person is allowed three minutes of testimony. Jefferson City Planning & Zoning Commission Page 7 June 14, 2018 Ms. Jenny Smith, 1211 Elmerine Avenue, gave rebuttal testimony regarding this request and apologized to Quinn Chapel A.M.E. Church for excluding them from the proposed historic district. She stated that Quinn Chapel A.M.E. Church is historic and we fully recognize your importance and contribution to the community. Ms. Smith explained that Quinn Chapel A.M.E. Church is not a contributing property because they are a new building. She stated that every other building is over 100 years old. Ms. Smith explained that at this point we cannot include them in the proposed historic district without starting a new application. She stated that the size of this proposed historic district is small because this is a massive project. Ms. Tammy Boeschen, President of the Historic City of Jefferson, 728 Deer Creek Road, gave rebuttal testimony in favor of this request. Ms. Boeschen commented that Jefferson City lags behind in realizing and recognizing their historic properties. She stated that Mr. Glover Brown mentioned economic development. Economic development does not have to fall in this district. Quinn Chapel A.M.E. Church is a historic part of this community but since their building is new they were excluded from further discussions about being included in the proposed historic district. The houses in this proposed historic district are in danger of demolition by neglect. The overall plan by the City is to let them fall down so that they can tear them down and become green space. Therefore, there is urgency for protection for this proposed historic district. The Historic Preservation Review of Demolition Permits Ordinance that was recently enacted says that the only protection for properties is if the building is over 100 years old or older or if it is in a local historic district. This is the only way that we can protect the houses that still stand that are over 100 years old. Reverend Cassandra Gould, Pastor of Quinn Chapel A.M.E. Church, 1521 Hough Street, gave rebuttal testimony in opposition to this request. Reverend Gould clarified that she is not opposed to historic preservation, she is opposed that Quinn Chapel A.M.E. Church was excluded from the proposed historic district. She referenced an email from Ms. Smith dated July 10, 2017. Reverend Gould asked for an inclusive project that includes the oldest black entity in this community. Mr. Roger King, 1205 N. Park Avenue, Springfield, Missouri, gave rebuttal testimony in a neutral position to this request. Mr. King explained that he has lived in a historic district for 33 years in the Midtown District in Springfield. He stated that property values range from $350,000 to $18,000. Mr. King explained that it took a community in Springfield to want to turn Midtown around. He stated that this community does as well. Mr. Brown explained that there is an amazing corridor along Lafayette Street from Lincoln University to the Federal Courthouse and starting at Immaculate Conception Church on East McCarty, past Lincoln University and going into the neighborhoods. In a historic district every building does not have to be 100 years old it has to be a district of historic significance. Chairman Jordan closed testimony at 8:05 p.m. Councilman Graham left at this time. Mr. Barron gave the Planning Division staff report. Mr. Barron clarified that the Historic Preservation Commission's vote on the formation of the proposed historic district was 4 — 2 and not unanimous as stated in previous testimony. The vote on approval of the design guidelines was unanimous. Discussion: Mr. Deeken commented that this is about saving the buildings and I think this is the only option that the Applicant has. I understand Quinn Chapel A.M.E. Church's dilemma but that is a cultural district. If Ms. Beetem would have been tasked with that it would have taken months or maybe years to do all of the history that is involved. This is not a cultural issue, I think this is a way to save those buildings. I support this request. Motion: Mr. Lester moved and Mr. Markus seconded to recommend a neutral recommendation for the creation of the School Street Local Historic District and proposed design guidelines for the School Street Local Historic District, to the City Council. Jefferson City Planning & Zoning Commission Page 8 June 14, 2018 Explanation: Mr. Lester explained that he questions the appropriateness of the Planning and Zoning Commission weighing in on this while the Historic Preservation Commission approved the creation of the School Street Local Historic District. Given the exclusion of significant aspects of the district and the surrounding area I think we should be neutral. Mr. Markus commented that this has been presented to us with the cultural aspect of the African American community. It somewhat bothers me that it is being presented that way when I think in reality it is being used to prop up old buildings and get out of federal regulations for the people who own the property. But I still think that an important thing to consider is that there is historical significance for those buildings. I did not care for the way it was presented with a packet full of African American history. For those reasons I would say to send this request to the City Council with a neutral recommendation. Vote: The motion passed 5 to 3 with the following roll call vote: Aye: Deeken, Lester, Mahoney, Markus, Vogt Nay: Dutoi, Vaughan, Yarnell 8. Other Business A. Staff updates on prior cases None. 9. Adjourn. There being no further business, the meeting adjourned at 8:22 p.m. Respectfully Submitted, Eric Barron, Assistant Secretary