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HomeMy Public PortalAbout2018-08-09 minutesMINUTES JEFFERSON CITY PLANNING AND ZONING COMMISSION August 9, 2018 5:15 p.m. COMMISSION MEMBERS PRESENT Bunnie Trickey Cotten Chris Jordan, Chairman Michael Lester Michelle Mahoney Dale Vaughan Penny Quigg, Alternate COMMISSION MEMBERS ABSENT Jack Deeken Dean Dutoi Blake Markus Chris Yarnell, Vice Chairman Matthew Hall, Alternate Hank Vogt, Alternate COUNCIL LIAISON ABSENT Carlos Graham, Council Liaison STAFF PRESENT Ryan Moehlman, City Counselor Bryan Wolford, Associate City Counselor Eric Barron, Planning Manager Shane Wade, Civil Engineer II Ian Zollinger, Planner Ahnna Nanoski, Planner Anne Stratman, Administrative Assistant ATTENDANCE RECORD 1 of 1 1 of 1 1 of 1 1 of 1 1 of 1 1 of 1 0 of 1 0 of 1 0 of 1 0 of 1 0 of 1 0 of 1 1. Call to Order and Introduction of Members, Ex -officio Members and Staff The Chairman, four regular members and one alternate was present. A quorum was present. Designation of Voting Alternates The Chairman announced that all regular members and Alternate Penny Quigg was eligible to vote. 2. Procedural Matters and Procedures Explained Mr. Zollinger explained the procedures for the meeting. The following documents were entered as exhibits. Mr. Zollinger advised that copies of the exhibits are available through the City Clerk or the Department of Planning and Protective Services: The City Code of the City of Jefferson, as amended Comprehensive Plan and Land Use Map Copies of applications under consideration A list of property owners to whom notices were sent Affidavit of publication of the public notice in the newspaper Rules of Procedure, Planning & Zoning Commission Mr. Zollinger submitted the following items for the record: Staff reports Minutes of proceedings Copies of drawings, plans, and/or renderings under consideration Letters or memoranda from staff Materials submitted by the public or applicants pertaining to the cases under consideration Minutes/Jefferson City Planning & Zoning Commission Page 2 August 9, 2018 3. Adoption of Agenda Ms. Cotten moved and Mr. Lester seconded to adopt the agenda as printed. The motion passed 5-0 with the following votes: Aye: Cotten, Lester, Mahoney, Quigg, Vaughan 4. Approval of Minutes of the Regular Meeting of July 12, 2018 Ms. Cotten moved and Mr. Vaughan seconded to approve the minutes of the Regular Meeting of July 12, 2018 as written. The motion passed 5-0 with the following votes: Aye: Cotten, Lester, Mahoney, Quigg, Vaughan 5. Communications Received Correspondence was received for Case Nos. P18017 and P18020. 6. New Business/Public Hearings Case No. P18017 —1720 Vieth Drive, Rezoning from RS -2 to RA -1. Request filed by Jefferson City Manor, Inc, property owner, for the rezoning of 4.96 acres from RS -2 Low Density Residential to RA -1 High Density Residential. The purpose of the request is to bring the existing nursing home into conformance with zoning. The property is located on the west side of Vieth Drive 600 feet north of the intersection of Colonial Hills Road and is described as part of the Southwest Quarter of the Southeast Quarter of Section 14, Township 44 Range 12, in the City of Jefferson, Cole County, Missouri (Central Missouri Professional Services, Consultant). Mr. Zollinger described the proposal and explained that the property consists of 4.96 acres zoned as RS -2 Single Family Residential. He stated that the property is in use as a Nursing Home, which is not a permitted use of the RS -2 District and the nursing home is a nonconforming use. Mr. Zollinger explained that the applicant is requesting the property be rezoned to RA -1 High Density Residential to bring the current use of the property into conformance with zoning. He stated that the rezoning from RS -2 to RA -1 allows for the property to conform to zoning regulations. Mr. Zollinger explained that the Development Map of the Comprehensive Plan shows the property as designated for use as High Density Residential which supports the requested rezoning. He stated that the current use of the property as a Residential Care Facility is permitted in an RA -1 District. Mr. Paul Samson, Central Missouri Professional Services, 2500 E. McCarty Street, spoke regarding this request and explained that Jefferson City Manor expanded two years ago. He stated at that time we realized that the existing use of the property is a nonconforming use and that the zoning code had changed. Mr. Samson explained that in order to meet their expansion timeline we went through a rarely used section of the City Code that allows a one-time expansion of a nonconforming use. He stated that in order to meet the requirements of the City Code for future expansions we wanted to rezone the property to bring it into conformance. Mr. Samson explained that the existing nursing facility fits in well with the surrounding neighborhood. No one spoke in opposition to this request. Correspondence in favor of this request was received from Kenneth Kauffman, 5401 Old Lohman Road. Mr. Zollinger gave the Planning Division Staff report. Mr. Lester moved and Ms. Mahoney seconded to recommend approval of the request to rezone the property from RS -2 to RA -1 to the City Council. The motion passed 5-0 with the following votes: Aye: Cotten, Lester, Mahoney, Quigg, Vaughan Case No. P18018 - 2106 Jefferson Street and 2003 and 2007 Southridge Drive, Rezoning from C-1 and RS -2 to PUD and Preliminary PUD Plan. Request filed by Central Electric Power Cooperative, property owner, to rezone 2.0 acres from C-1 Neighborhood Commercial and RS -2 Single Family Residential to PUD Planned Unit Development and a Preliminary PUD Plan to construct a 33,000 sf two story office building, a 27,000 sf two story vehicle storage building, and a 11,250 sf single story warehouse building. The property is located on the western side of Jefferson Street 900 feet south of the intersection of Bubba Lane and has frontage on Southridge Drive and Red Oak Drive. The property is described as part of the Southwest Quarter of the Minutes/Jefferson City Planning & Zoning Commission Page 3 August 9, 2018 Northwest Quarter of Section 24 and part of the Northeast Quarter of Section 23, Township 44 North, Range 12 West, in the City of Jefferson, Cole County, Missouri (Central Missouri Professional Services, Consultant). Mr. Zollinger described the proposal and explained that the applicant is requesting to rezone the subject property from C-1, RS -2 and RD to PUD. He stated that the applicant has acquired two acres of property adjacent to their existing 12 acre facility and is planning on constructing three new buildings in phases. Mr. Zollinger explained that the proposed buildings are a 33,000 sf office building, and a 27,000 sf two story vehicle storage building being constructed first and an 11,250 sf building at the corner of Southridge Drive and Red Oak Drive being built at a later date. He stated that the applicant is requesting a rezoning of the newly acquired properties to PUD and a Preliminary PUD Plan to accommodate the planned construction. Mr. Zollinger explained that the rezoning from RS -2, RD and C-1 to PUD and approval Preliminary PUD allows the expansion of the site and the planned bufferyard would protect the integrity of the nearby residential neighborhood. Mr. Adam Weber, Director of Operations, 2106 Jefferson Street, spoke regarding this request and explained that in the past several years our operation has grown and expanded to where the need for additional office and warehouse space is needed. He stated that they keep a lot of spare and new equipment, as well as, a vehicle fleet in inventory. Mr. Weber explained that they would like to keep their headquarters at the existing site which means acquiring additional property as they expand and grow. Mr. Pat Kremer, Central Missouri Professional Services, 2500 E. McCarty Street, spoke regarding the request and distributed visuals depicting the area to be rezoned and the Preliminary PUD Plan. Mr. Kremer explained that the existing office building will be torn down with the exception of the 2001 expansion. He stated that the building materials for the new 33,000 sf office building will be consistent with the 2001 expansion. Mr. Kremer explained that the 27,000 sf two story vehicle storage/storeroom building would have an exterior appearance consistent with the existing warehouse building built in 2009. He stated that the vehicle storage/storeroom building would be connected to the office building. Mr. Kremer explained that the proposed warehouse building to be located on the northwest portion of the property would have a combination of materials utilized on the building built in 2009 and have its exterior finish match the character of the existing residential neighborhood to the north and west. He stated that sidewalks will be constructed along Southridge Drive and Red Oak Drive. Mr. Kremer explained that Type C Bufferyards are proposed between the RD and M-2 districts as well as between RS -2 and M-2 Zoning districts. He stated that a mixture of open space, natural and evergreen buffering would be utilized between the zoning districts. Mr. Kremer explained that natural buffers would consist of leaving the natural areas within 35 feet of the property line undisturbed and an open space buffering would consist of allowing a minimum of 50 feet of open area between the property line and any proposed improvements. He stated that the natural and open space buffer would primarily be used between the site and the properties along Jefferson Street and Red Oak Drive. No one spoke in opposition to this request and no correspondence was received. Mr. Zollinger gave the Planning Division staff report. Mr. Wade gave the Engineering Division staff report. Ms. Cotten moved and Mr. Lester seconded to recommend approval of the request to rezone the property from RS -2, RD and C-1 to PUD to the City Council. The motion passed 5-0 with the following votes: Aye: Cotten, Lester, Mahoney, Quigg, Vaughan Ms. Cotten moved and Mr. Lester seconded to recommend approval of the Preliminary PUD Plan with the establishment of an underlying zoning of M-1 Light Industrial for the purpose of determining signage and lighting allowances to the City Council. The motion passed 5-0 with the following votes: Aye: Cotten, Lester, Mahoney, Quigg, Vaughan Minutes/Jefferson City Planning & Zoning Commission Page 4 August 9, 2018 Case No. P18019 - Sunset Court and McKay Court, Rezoning from RD to RS -4 and Comprehensive Plan Amendment. Request filed by city staff for the rezoning of approximately 5 acres of land consisting of 20 properties from RD Residential Duplex to RS -4 Single Family Residential and an associated amendment to the development plan map of the comprehensive plan. The purpose of the request is to bring the existing single family properties into a proper zoning district for their existing use. The area includes all properties accessed by Sunset Court and properties on the east side of McKay Court and is described as Lots 12-25 of Sunset Acres Subdivision and two parcels located in the south half of the southwest quarter of Section 13, Township 44 North Range 12 West, Jefferson City, Missouri. Ms. Nanoski described the proposal and explained that the area consists of approximately 5 acres of land zoned as RD Residential Duplex. She stated that the proposed rezoning contains 12 properties located along Sunset Court and 6 properties east of McKay Court. Ms. Nanoski explained that 17 structures exist within the area, all of which are single family homes. She stated that staff is requesting to rezone the properties to RS -4 Single Family to bring the existing single family properties into a proper zoning district for their existing use. Ms. Nanoski explained that the proposed RS -4 district would preserve the character of the existing single family neighborhood. She stated that the area was rezoned from RS -2 to RD in 1976 and the Sunset Acres subdivision was established in 1990 and subsequently developed as a single family development. Ms. Nanoski explained that the 1996 Comprehensive Plan envisioned that this area along Sunset Court and McKay Court to be low density residential. Planning staff held an open house on July 31, 2018 for the residents in the proposed rezoning area. No one spoke in opposition to this request and no correspondence has been received. Ms. Nanoski gave the Planning Division staff report and recommendation. Mr. Lester moved and Ms. Mahoney seconded to approve the comprehensive plan amendment request to show the property as Medium Density Detached Residential on the Comprehensive Plan Development Plan Map. The motion passed 5-0 with the following votes: Aye: Cotten, Lester, Mahoney, Quigg, Vaughan Mr. Lester moved and Ms. Mahoney seconded to recommend approval to rezone the subject property from RD to RS -4 to the City Council. The motion passed 5-0 with the following votes: Aye: Cotten, Lester, Mahoney, Quigg, Vaughan Case No. P18020 — National Register Historic Overlay District. Request filed by city staff for the following: 1. Amendments to the text of Chapter 35, Zoning Code, relating to the creation of a new overlay zoning district to be titled NR National Register Historic Overlay District. 2. Creation and designation of the National Register Historic Overlay District for seven areas, currently identified within the National Register of Historic Locations, including the following: Missouri State Capitol Historic District; Capitol Avenue Historic District; Moreau Drive Historic District; Lincoln University Hill Top Campus District; Broadway-Dunklin Historic District; Munichburg Commercial Historic District; and Hobo Hill Historic District. The complete text of the amendment and maps of the proposed overlay district areas are available for review at the Department of Planning and Protective Services, 320 E. McCarty Street, or may be viewed at the Planning and Zoning Commission webpage at: www.jeffersoncitymo.gov. Mr. Moehlman described the proposal and explained that a new overlay district is being created named the National Register Historic Overlay District. He stated that the effect of the overlay district would be to take the City's current existing National Register Historic District through the City's zoning processes and establish those areas as being "zoned" as historic. Mr. Moehlman explained that this overlay district is proposing to be placed on top of all of the areas within the City that are historic districts listed on the National Register of Historic Places. He stated that this overlay district is trying to accomplish is to afford these properties listed on the National Register of Historic Places, protections that may be afforded under state or federal law which required an affirmative act or affirmative zoning to take advantage of those rights, benefits or protections. Mr. Moehlman explained that this overlay district is not attempting to create any additional requirements or Minutes/Jefferson City Planning & Zoning Commission Page 5 August 9, 2018 restrictions on property within the overlay district. He stated that one such statute that affords protection to areas "zoned as historic" is contained in newly passed Missouri House Bill 1991 (2018), which regulates deployment of small wireless antennas and facilities in the public rights-of- way. Mr. Moehlman explained that under HB 1991 wireless telecommunications companies can place their facilities in the public rights-of-way as of right, including installing new poles in the rights- of-way. He stated that HB 1991 carves out an exception for areas have been zoned as historic as of August 28, 2018, which will allow applications for new poles and larger modifications of existing wireless facilities to be processes through discretionary, public hearing procedures. Mr. Moehlman explained that this will allow public input on the impact of these facilities in historic areas and will the give the City ability to work with wireless telecommunications companies to figure out a deployment strategy that works for both the company and a neighborhood. He stated that creation and designation of the National Register Historic Overlay District is for seven areas, currently identified within the National Register of Historic Locations, including the following: Missouri State Capitol Historic District; Capitol Avenue Historic District; Moreau Drive Historic District; Lincoln University Hill Top Campus District; Broadway-Dunklin Historic District; Munichburg Commercial Historic District; and Hobo Hill Historic District. No one spoke in opposition to this request. Correspondence in support of this request was received from Mike Leahy, 1311 Moreland Avenue. Mr. Lester moved and Ms. Cotten seconded to recommend approval of the amendment to Chapter 35, Zoning Code, to create the National Register Historic Overlay District and to amend the official zoning map to implement the National Register District in the seven areas identified as the Missouri State Capitol Historic District, Capitol Avenue Historic District, Moreau Drive Historic District, Lincoln University Hill Top Campus District, Broadway-Dunklin Historic District, Munichburg Commercial Historic District, and the Hobo Hill Historic District, to the City Council. The motion passed 5-0 with the following votes: Aye: Cotten, Lester, Mahoney, Quigg, Vaughan Case No. P18021 — Text Amendment Pertaining to Expansion of Local Historic Districts. Request filed by city staff for an amendment to Chapter 8, Article IV, Preservation and Conservation, pertaining to expansion of established Local Historic Districts. The complete text of the amendment is available for review at the Department of Planning and Protective Services, 320 E. McCarty Street, or may be viewed at the Planning and Zoning Commission webpage at: www.jeffersoncitymo.gov. Mr. Barron described the proposal and explained that this is a City Council initiated request to amend the text of Chapter 8, Article IV, to establish a process for expanding established Local Historic Districts. He stated that the request arose after multiple comments during the public hearing for the School Street Local Historic District voiced a desire to expand the proposed district to include the Quinn Chapel AME property. Mr. Barron explained that the City Council directed staff to prepare an amendment to Chapter 8 to allow for the expansion of local historic districts. He stated that the section of the city code dealing with establishment of local historic districts currently has no procedure for how the boundaries of a district could be amended. Mr. Barron explained that there is no mechanism to amend the School Street Local Historic District application without having to start all over which would be a very cumbersome process. He state that this proposed text amendment would put in place a mechanism to expand a district once it is established so that additional properties could be included. Mr. Barron explained that after a district is established it would allow for additional property owners to petition to be included within that district. He stated that if it is less than 10 parcels a district can be established by petition of all nine or fewer parcels. Mr. Barron explained that if it is greater than 10 parcels the application shall contain 75 percent of all property owners to be added to the established district. He stated that this proposed text amendment is not specific to the School Street Local Historic District proposal although it is a result of that proposal. Mr. Barron explained that this proposed text amendment is not a vote to include Quinn Chapel AME Church into that proposed district. He stated that this proposed text amendment would put in place the mechanism for them to have an option to pursue that route. Minutes/Jefferson City Planning & Zoning Commission Page 6 August 9, 2018 Jane Beetem, 1612 Payne Drive, spoke in favor of this request, and explained that this language follows the amendment process used for the National Register of Historic Places. She stated that the proposed amendment allows abutting properties to be added to a district. Ms. Beetem explained that additionally a property can be removed if it has burned, was destroyed or lost its historic character. The following individuals that spoke during open testimony regarding this request were not either in favor or in opposition: Lori Sims, 1834 Cedar Ridge Road, requested clarification on the language that reads in part once this district is established. Ms. Sims asked whether the proposed text amendment is not allowing to amend the School Street Local Historic District application, instead the proposed amendment is amending the district after it has been approved. Mr. Barron explained that the proposed amendment puts in place a mechanism for expansion of a district. He stated that there is no way to amend the School Street Local Historic District application to include Quinn Chapel AME Church. Mr. Barron explained that the City Council was seeking a mechanism to include the Church by a separate application. He stated that after the Planning and Zoning Commission makes their recommendation to the City Council, this proposed amendment would be appear before the City Council and if approved the mechanism would be in place. Mr. Barron explained that currently the City Council has placed the School Street Local Historic District on their Informal Calendar. He stated that the City Council could pull that item off of the Informal Calendar and vote on it at that time in order to establish the School Street Local Historic District. Mr. Barron explained that the School Street Local Historic District would be established and allow Quinn Chapel AME Church to apply in order to be added into the School Street Local Historic District. He stated that this application would go through the Historic Preservation Commission and Planning and Zoning Commission public hearing process and then forwarded to City Council. Mentha Bolton-Bakari, 1310 Linden Drive, spoke regarding this request and commented that the cornerstone of our community has always been the religious foundation. When someone says that we are going to do an African American historic district and the Church is left out, I do not know what kind of research was done. There are other communities that have faced this same issue and nothing was done. To have to go through this process or questioning is a puzzlement to me. I do not know why legalities have such a stronghold in allowing the foundation of any African American historic district, Is this new thing going to be destroyed'in terms of the content, the family closeness, the safety when the anchor has been left out. When does the creation of a so-called African American historic district concentrate on the meat as opposed to the financial piece. Is it a complete package of a real historic district or is this a just a way to get more money and save your property as a landowner. Patsy Johson, 908 Lafayette, spoke regarding this request and commented that she is supportive of most of the text in the amendment except for the language that reads: Such parcels shall be directly abutting the established historic district. The reason for my concern is that there are people that are in the designated floodzone and part of the 700 and 800 block of Lafayette Street. The only block that separates these properties is Lincoln University. They are certain properties that want to be added to this historic district and they are tied to the same history of this area. This is rich history and important history to the people of this area and it is unifying for them to be able to apply and be added at that time as opposed to having to start a new district in the same proximity. This verbage can be left out to where it does not limit to abutting properties. Ms. Johnson asked the Commission to consider the people that are looking at the same fate that the applicant for the School Street Local Historic District are looking at trying to protect their property and preserve the rich history of this African American community. Sheila Logan, 820 Lafayette Street, spoke regarding this request and commented that there is nothing historic about School Street. She stated that African Americans were not allowed to walk on the School Street side. The verbage in the text amendment should include language of African American context. Minutes/Jefferson City Planning & Zoning Commission Page 7 August 9, 2018 Glover Brown, 1700 Valley Hi Road, Executive Director of the Friends of Lafayette Street and the Historic Foot District spoke regarding this request. We have repeatedly asked that Quin Chapel AME Church be included and each step of the way was denied. This is a piecemeal attempt at trying to resolve an ordinance that was not effective in its beginning. I do not like the verbage where it says that Quinn Chapel AME Church has the right to make application where they could have been included in the very beginning. Mr. Brown requested that the Commission make it that this amendment be contingent on the inclusion of Quinn Chapel before it is passed as a historic district. Several attempts have been made to ask the Applicant of the School Street Local Historic District to withdraw the application and resubmit with Quinn Chapel AME Church included and they did not want to do that. If you cannot add the contingency, than I ask that you reject this as written. After hearing additional testimony, Lori Sims, 1834 Cedar Ridge Road and Mentha Bolton-Bakari, 1310 Linden Drive stated that they are opposed to this request. Mr. Lester inquired whether the Commission can put contingencies on the proposed text amendment. Mr. Barron explained that the Commission cannot put contingencies on the proposed text amendment. Ms. Cotten moved and Mr. Lester seconded to recommend approval of the proposed text amendment to the City Council. The motion passed 5-0 with the following votes: Aye: Cotten, Lester, Mahoney, Quigg, Vaughan 7. Other Business A. Staff updates on prior cases Mr. Barron gave an update on the proposed sign code text amendments. Mr. Barron explained that the Planning and Zoning Commission recommended to City Council a removal of limits on the number of temporary signs permitted to be displayed in a residential district. He stated that staff made a recommendation to the City Council that a hard limit be established on residential properties of 10 signs. Mr. Barron explained that staff also recommended to the City Council an increase of the number of temporary signs permitted in commercial districts as well as removal of the setback requirement for commercial districts. The City Council public hearing and vote is scheduled for August 20. B. Southside Rezoning #1 Mr. Barron explained that a Neighborhood Meeting is scheduled for Tuesday, August 21, 2018 at 5:30 PM. A Special Planning and Zoning Commission Meeting is scheduled for Tuesday, August 28, 2018 at 5:15 PM. 8. Adjourn. There being no further business, the meeting adjourned at 7:27 p.m. Respectfully Submitted, ��u(r .0 c%