HomeMy Public PortalAbout2019-01-10 minutesMINUTES
JEFFERSON CITY PLANNING AND ZONING COMMISSION
January 10, 2019
5:15 p.m.
COMMISSION MEMBERS PRESENT
Bunnie Trickey Cotten
Jack Deeken
Dean Dutoi
Chris Jordan, Chairman
Michael Lester
Blake Markus
Dale Vaughan
Hank Vogt, Alternate
Penny Quigg, Alternate
COMMISSION MEMBERS ABSENT
Michelle Mahoney
Chris Yarnell, Vice Chairman
COUNCIL LIAISON PRESENT
Erin Wiseman, Alternate Council Liaison
ATTENDANCE RECORD
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STAFF PRESENT
Sonny Sanders, Director of Planning & Protective Services
Bryan Wolford, Associate City Counselor
Eric Barron, Planning Manager
Shane Wade, Civil Engineer 11
Ian Zollinger, Planner
Ahnna Nanoski, Planner
Anne Stratman, Administrative Technician
1. Call to Order and Introduction of Members, Ex -officio Members and Staff
The Chairman, six regular members and two alternates were present. A quorum was present.
Designation of Voting Alternates
The Chairman announced that all regular members were and Alternates Hank Vogt and Penny
Quigg 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
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January 10, 2019
3. Adoption of Agenda
Mr. Barron announced that the following items will be added to the agenda under Other Business:
1. Designation of a representative to the Historic Preservation Plan Focus Group.
2. Update on the Comprehensive Plan
Mr. Dutoi moved and Mr. Lester seconded to adopt the agenda as amended. The motion passed
8-0 with the following votes:
Aye: Cotten, Deeken, Dutoi, Lester, Markus, Quigg, Vaughan, Vogt
4. Approval of the Regular Meeting Minutes of December 13, 2018
Ms. Cotten moved and Mr. Dutoir seconded to approve the Regular Meeting Minutes of
December 13, 2018 as corrected. The motion passed 8-0 with the following votes:
Aye: Cotten, Deeken, Dutoi, Lester, Markus, Quigg, Vaughan, Vogt
5. Communications Received
Correspondence was received for Case No. P19003.
6. New Business/Public Hearings
Case No. P19001 - 311 and 320 Hoover Road, Rezoning from PUD to M-1 and
Comprehensive Plan Amendment. Request filed Missouri American Water Co., property owner,
for the rezoning of 8.49 acres from PUD Planned Unit Development to M-1 Light Industrial and an
associated amendment to the Development Plan Map of the Comprehensive Plan. The property
is located at the end of Hoover Road and is described as part of Tract 5-B of the Parcel Division
recoded in Survey Record Book B, page 105, Cole County Recorder's Office, said Tract 5-B
being part of lot 5 of Cherry Creek - Section 1 as per plat of record in Plat Book 12 page 497,
Cole County Recorder's Office, City of Jefferson Cole County, Missouri (Central Missouri
Professional Services, Consultant).
Mr. Zollinger described the proposal and explained that this rezoning and comprehensive plan
amendment request is for a property consisting of 8.49 acres currently zoned PUD. He stated that
the purpose of the request is to facilitate the future redevelopment of the property for Missouri
American Water Company to relocate their existing office and operations facility. Mr. Zollinger
explained that the property was annexed into the city on May 16, 1967. He stated at the time the
city's industrial businesses were developing along Industrial Drive. Mr. Zollinger explained that the
1968 Zoning map designated the area as local commercial and light industrial. He stated that in
2003 and 2004 the property was part of the Cherry Creek development and was rezoned from M-1
Light Industrial to RA -2 High Density Residential. Mr. Zollinger explained that in 2012 the property
was rezoned from RA -2 to PUD. He stated that although the property has been rezoned a couple of
different times and has been part of development plans it has remained undeveloped. Mr. Zollinger
explained that while the Development Plan Map of the Comprehensive Plan calls for this property to
be Medium Density Residential, this was a result of the several rezonings in the early 2000's to
accommodate a growing housing market. He stated that the proposed amendment to the
Development Plan Map of the Comprehensive Plan would allow the property to return to its
historical designation and to be rezoned for a more compatible use. Mr. Zollinger explained that the
requested Industrial zoning would be a benefit to the area and allow for the property to be
developed in a manner similar to neighboring properties.
Mr. Paul Samson, Central Missouri Professional Services, 2500 E. McCarty Street, spoke on
behalf of Missouri American Water Company. Mr. Samson distributed a visual depicting the area to
be rezoned. Mr. Samson explained that Missouri American Water Company recently purchased the
subject property and their plans are to relocate their operations facility and offices from the their
current location on High Street to the subject property. He stated that the property is currently
vacant other than a small shop building that is located on the southwest corner of the property next
to the Hoover Road cul-de-sac. Mr. Samson explained that the property was historically rezoned for
industrial type uses. He stated that in the early 2000's the property was rezoned for high density
residential for the Cherry Creek Development which was a multi -unit apartment complex. Mr.
Samson explained that after a few of the units were constructed the development went bankrupt.
He stated that at that time there was maximum excavation done for the entire property including
approximately 8.50 acres under consideration, as well as, construction of stormwater infrastructure
and utilities throughout the entire site. Mr. Samson explained that in 2012 the rezoning from RA -2 to
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January 10, 2019
PUD was done in anticipation of a senior housing duplex development that was never constructed.
He stated that after several years of being vacant, Missouri American Water Company purchased
the subject property to relocate their operations and maintenance facility. Mr. Samson explained
that the proposed M-1 zoning is a necessity to accommodate their maintenance operations which
may include outdoor storage of materials that would be housed in bins located towards the north
end of the property. He stated that access to the site would be off of the end of Hoover Road and
would be completely disconnected from the residential property. Mr. Samson explained that there
will be equipment storage under canopies or in garages to the rear of the property. He stated that
as we develop the site plan for Missouri American Water Company the plan is to push the develop
as far south towards Hoover Road as possible. Mr. Samson explained that a bufferyard would be
put in place as required between the Missouri American Water Company site and their north
property line to the residential area. He stated that to the east is Riverview Cemetery and that the
development would stay as far from the east property line as possible. Mr. Samson explained that
there is a large forested area between the property line and were the Cemetery starts. He stated
that because there is a potential for outdoor storage the site development plan would be going in
front of the Board of Adjustment for a Conditional Use Permit. Mr. Samson explained that at that
time the Board of Adjustment will review the bufferyard and setback requirements from the site to
the adjacent properties.
Mr. Brett Haas, Local Operations Manager, Missouri American Water Company, 906 W. High
Street, spoke regarding this request and explained that one of the reasons to vacate the current site
is the type of investments the company is making in town. He stated that it is largely due to the
company's production capability and reliability for the City. Mr. Haas explained that they invested in
a pre -sedimentation basin last year and part of that called for surrendering what was used for
storage. He stated that they had to move some of materials to the elevated tank that is adjacent to
the subject property. Mr. Haas explained that it is currently not under roof and the company would
like to remedy that. He stated that this proposal would include a covered canopy with proper
storage to keep materials out of the elements. He stated that the current site is geographically and
topographically limited. Mr. Haas explained that this proposal would allow the company to
consolidate all of its assets and people at the new site and give room for the investments for the
plant that are required.
Mr. Tim Theroff, Manager, Riverview Cemetery, 2600 W. Main Street, inquired whether the
proposed use is permitted in the current zoning PUD zoning district. In response, Mr. Zollinger
explained that the proposed use would be able to be accommodated by its current zoning,
however, the PUD zoning is the most restrictive district and would require the property owner to
come forward with any change to be approved by the Planning and Zoning Commission and the
City Council. He stated that the proposed use is allowed in the PUD zoning district but would be
burdensome to the property owner. Mr. Zollinger explained that the subject property was previously
zoned as Tight industrial and could be so again.
Mr. Theroff commented that if it is permitted and as an adjoining property owner that sells peace
and serenity I am in favor of restrictions on its use in the future. He stated that he would prefer that
the subject property remain PUD.
Mr. Paul Samson, Central Missouri Professional Services, 2500 E. McCarty Street, gave rebuttal
testimony regarding this request and explained that especially for a facility like a water company's
maintenance operations facility a PUD zoning would be burdensome. He stated that anytime that
they decided to move a bin of materials, move a storage shed or add another spot to store gravel
that would have to come back to the City Council for approval. Mr. Samson reiterated that from an
operations viewpoint of their facility a PUD zoning would be very burdensome.
No correspondence was received.
Mr. Zollinger gave the Planning Division staff report.
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Mr. Lester moved and Mr. Dutoi seconded to recommend approval of the comprehensive plan
amendment request to show the 8.49 acres of property as Commercial on the Development Plan
Map of the Comprehensive Plan to the City Council. The motion passed 8-0 with the following
votes:
Aye: Cotten, Deeken, Dutoi, Lester, Markus, Quigg, Vaughan, Vogt
Mr. Lester moved and Mr. Dutoi seconded to recommend approval the request to rezone 8.49
acres of property from PUD to M-1 to the City Council. The motion passed 8-0 with the following
votes:
Aye: Cotten, Deeken, Dutoi, Lester, Markus, Quigg, Vaughan, Vogt
Mr. Markus left at 5:50 p.m.
Case No. P19002 - 612 E McCarty Street, Special Exception Permit. Request filed by Tony
and Jenny Smith, property owners, for a Special Exception Permit to operate a Short Term
Rental. The property is located on the South side of E. McCarty Street 250 feet west of the
intersection of Lafayette Street and East McCarty Street and is described as Lot 21 of the
Parker& Thomas Subdivision, Jefferson City, Cole County, Missouri.
Mr. Zollinger described the proposal and explained that the applicants are requesting a special
exception permit for the Short Term rental of an existing single family residence. He stated that
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. Mr. Zollinger explained
that the property is zoned RS -3 Single Family Residential and is located in the newly designated
School Street Local Historic District. He stated that the property is capable of meeting the Specific
Use Standards for Short Term Rentals as outlined in City Code.
Mr. Tony Smith, 1211 Elmerine, spoke regarding this request and explained that we acquired this
property in 2011 and renovated it back to its historic nature and intent character of the
neighborhood. He stated that the home is currently being rented until July 2019. Mr. Smith
explained that if we lost our current renter we would rent the home on a short term basis a few
times a month. He stated that this is a single family home with two bedrooms. Mr. Smith explained
that the home is in a perfect location for all of the events downtown and for people attending Lincoln
University football games or special events. He stated that this is perfect for people traveling the
county and looking for a home to rent for a night.
No one spoke in opposition to this request and no correspondence was received.
Mr. Zollinger gave the Planning Division staff report.
Ms. Cotten moved and Mr. Dutoi seconded to recommend approval of the request for a Special
Exception Permit for a Short Term Rental to the City Council. The motion passed 7-0 with the
following votes:
Aye: Cotten, Deeken, Dutoi, Lester, Quigg, Vaughan, Vogt
Case No. P19003 - 1500 Timber Trail, Special Exception Permit. Request Filed by Julie
Glaser, property owner, for a Special Exception Permit to operate a Short Term Rental. The
property is located on the north east side of the intersection of Timber Trail and Timber lane and
is described as part of the northeast quarter of the southeast quarter of section 14, Township 44
North, Range 12 West, in the City of Jefferson, Missouri.
Mr. Zollinger described the proposal and explained that the applicant is requesting a special
exception permit for the Short Term rental of an existing single family residence and a lodging
Room. He stated that 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
for the entire residence. Mr. Zollinger explained that Section 35-41.B.35.b (3)(b) states that a
maximum of one rental space may be rented to guests, multiple rentals within the same residence
is not permitted. He stated that a maximum of 4 people shall be permitted as guests for a lodging
room. Mr. Zollinger explained that permitting both will allow the applicant flexibility in their operation
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January 10, 2019
of a short term rental. He stated that the property is capable of meeting the Specific Use Standards
for Short Term Rentals as outlined in City Code.
Ms. Julie Glaser, 1500 Timber Trail, spoke regarding this request and explained that she has
owned the subject property for five years. She stated that she has made renovations to the exterior
including landscaping, new retaining wall, new driveway and new garage doors, as well as, a
complete renovation of the interior. Ms. Glaser explained that she is a single mom and is looking to
supplement her income. She stated that her intent is to rent the extra bedroom when her children
are gone. Ms. Glaser explained that she can choose the dates when she wants to rent her property
and does not intend to rent the property more than a few times a month. She stated that one
neighbor expressed concerns about a rental property next door to their house. She stated that she
will be there when she is renting her extra room and does have the option to rent the entire house
when she is not there. Ms. Glaser explained that there are professional type business persons that
are looking for a one night stay. She stated that there are misconceptions that this is a business
and a bed and breakfast. Ms. Glaser clarified that this is not a structured business and this is not a
bed and breakfast. She stated this is a Special Exception permit for a short term rental.
Martha Kleindienst, 1520 Timber Trail, spoke in opposition to this request and distributed a
warranty deed that restricts lots in the neighborhood from having a business in a home. Ms.
Kleindienst voiced the following concerns:
• Proposed short term rental could devalue property values in the neighborhood.
• Short term rentals are very different than traditional bed and breakfasts and so are the
clientele. Short term rentals are geared towards young adults.
• Most homes in the neighborhood are occupied by seniors.
• Anticipate an increase in traffic.
• Worried about distracted drivers trying to locate the house.
• Worried about parties while house is being rented.
• It is a retired community and would prefer to keep it that way.
In response to Ms. Kleindienst concerns, Mr. Deeken commented that he has used short term
rentals several times in the past few months and the homes are very well kept up and the property
owner and the home is highly scrutinized and regulated by the Air BnB companies. He stated that
renters typically do not take care of the property very well. Mr. Deeken explained that there is more
protection to have a short term rental then a typical rental property.
Dan Reed, 1530 Timber Trail, spoke in opposition to this request and was concerned that
rezoning to a short term rental would devalue property values of homes and lead to an influx of
people in the neighborhood and an increase in traffic.
In response to Mr. Reed's comments, Chairman Jordan clarified that this is not a rezoning
request, this is a request for a Special Exception permit for a short term rental.
Brenda Proebsting, 1506 Timber Trail, spoke in opposition to this request and voiced the
following concerns:
• Rural neighborhood feel that has all the advantages of a city. We are close to churches,
schools, shops and other amenities.
• Not a transient type of neighborhood, most of the residents have lived here for several
years.
• The climate and culture of this neighborhood does not fit with the intention of the
proposed short term rental.
• Not in an area where short term rentals usually are.
• Deny this Special Exception permit based on the culture and climate of the
neighborhood.
Sandra Moreland, 1512 Timber Trail, spoke in opposition to this request and commented that this
is not a convenient street for extra guests. The terrain is steep in front of this house. This is a quiet
residential neighborhood.
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Correspondence in opposition to this request was received from Fred and Brenda Proebsting,
1506 Timber Lane.
Ms. Julie Glaser, 1500 Timber Trail, gave rebuttal testimony regarding this request and clarified
that this is not a structured business and not a bed and breakfast. She stated that this is a Special
Exception permit for a short term rental and there will not be any signage. Ms. Glaser explained that
she is not applying for a business license or anything of that nature. She stated that this is
important to note because of the warranty deed distributed by Mrs. Kleindienst. Ms. Glaser clarified
that this is not a retired community. She stated that she does not anticipate this being a frequent
occurrence because she works full time. Ms. Glaser explained that she does not anticipate excess
traffic due to the short term rental. She stated that the teenagers that come to pick up her daughter
generate more traffic than a short term rental would.
Mr. Zollinger clarified that the applicant is applying for a short term rental for a residence and a
short term rental of a lodging room. He stated that the maximum amount of guests for a short term
rental for a residence is five unrelated persons or any number of persons related by blood, marriage
or adoption. For a short term rental of a lodging room, City Code stipulates that a maximum of one
rental space may be rented to a guest, multiple rentals within the same residence is not permitted
and a maximum of four people shall be permitted as guests. Permitting both will allow the applicant
flexibility in their operation of a short term rental. Mr. Zollinger further explained that the subject
property shall not be rented for use for receptions, parties, weddings or similar activities. Also the
short term rental of a residence or a lodging room shall be subject to all applicable taxes including
lodging taxes, sales taxes and business licensing taxes. He stated that although it requires a
business license a short term rental is a residential use.
Ms. Cotten asked legal counsel of the neighborhood restrictions in the warranty deed distributed
by Ms. Kleindienst. In response, Mr. Wolford explained that the City takes no position on what
restrictive covenants may or may not be in the deed as that is a private matter between landowners
and we do not want to interject ourselves into that.
Ms. Cotton left at 6:45 p.m.
Mr. Dutoi moved and Mr. Lester seconded to recommend approval of the request for a Special
Exception Permit for a Short Term Rental to the City Council.
Discussion:
Mr. Deeken commented that every short term rental that they stated in were in very nice and very
heavily residential neighborhoods. They were not located in industrial areas. He stated that they
speak to the neighbors and they love having a short term rental in their neighborhood. Mr. Deeken
commented that as Ms. Glaser mentioned if you have teenage children you are going to have a lot
more traffic than two or three people in that house will generate.
Vote:
The motion passed 6-0 with the following votes:
Aye: Deeken, Dutoi, Lester, Quigg, Vaughan, Vogt
7. Other Business
A. Staff updates on prior cases
Mr. Barron reported that the following items were recently passed by the City Council:
• Southside Area Rezoning #2 from RA -2, C-2 and RD to RS -4
• Rezoning the 2700 Block of Route CC from RU to C-2 and a Comprehensive Plan
Amendment
B. Designation of a Representative to the Historic Preservation Plan Focus Group.
Ms. Nanoski explained that she is working with Jayme Abbott, Neighborhood Services Manager,
on a Historic Preservation Plan. The Historic Preservation Plan will provide a focused document
that will concentrate on unique historic attributes so that we can guide any further historic
preservation and enhancement that happens in the City. Heritage Strategies is the consultant firm
that has been contracted for this project. We are forming a Historic Preservation Plan Focus Group
and would like a representative from the Planning and Zoning Commission. The commitment would
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include attending focus group meetings, community engagement events, and reviewing materials to
be included in the plan. The first focus group meeting is scheduled for January 23. The Historic
Preservation Plan is scheduled to be complete by August 2019.
Mr. Vaughan volunteered to be the representative from the Planning and Zoning Commission.
Mr. Dutoi moved and Mr. Lester seconded to appoint Mr. Vaughan as the Planning and Zoning
Commission Representative on the Historic Preservation Focus Group. The motion passed 6-0 with
the following votes:
Aye: Deeken, Dutoi, Lester, Quigg, Vaughan, Vogt
C. Update on the City of Jefferson Comprehensive Plan
Ms. Nanoski announced that she is in the beginning steps of updating the City's Comprehensive
Plan. The last update was in 1996. This will be a two year process and will be done in house. The
Planning and Zoning Commission will have a role in that planning process at a future date.
9. Adjourn. There being no further business, the meeting adjourned at 6:55 p.m.
Respectfully Submitted,
Eric Barron, Assistant Secretary