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HomeMy Public PortalAbout2019-02-14 minutesMINUTES JEFFERSON CITY PLANNING AND ZONING COMMISSION February 14, 2019 5:15 p.m. COMMISSION MEMBERS PRESENT Jack Deeken Chris Jordan, Chairman Michael Lester Michelle Mahoney Blake Markus Dale Vaughan Chris Yarnell, Vice Chairman Hank Vogt, Alternate Penny Quigg, Alternate COMMISSION MEMBERS ABSENT Bunnie Trickey Cotten Dean Dutoi COUNCIL LIAISON ABSENT Carlos Graham, Council Liaison ATTENDANCE RECORD 6 of 8 8 of 8 8 of 8 6 of 8 5 of 8 8 of 8 5 of 8 7 of 8 8 of 8 6 of 7 4 of 7 STAFF PRESENT Sonny Sanders, Director of Planning & Protective Services Ryan Moehlman, Associate City Counselor Eric Barron, Planning Manager Shane Wade, Civil Engineer II David Bange, City Engineer Ian Zollinger, Planner Anne Stratman, Neighborhood Services Specialist 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 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 Minutes/Jefferson City Planning & Zoning Commission Page 2 February 14, 2019 3. Adoption of Agenda Chairman Jordan requested that the agenda be reordered to hear Case No. P19006 last. Mr. Lester moved and Mr. Vaughan seconded to adopt the agenda as reordered. The motion passed 8-0 with the following votes: Aye: Deeken, Lester, Mahoney, Markus, Quigg, Vaughan, Vogt, Yarnell 4. Approval of the Regular Meeting Minutes of January 10, 2019 Mr. Lester moved and Mr. Vaughan seconded to approve the Regular Meeting Minutes of January 10, 2019 as printed. The motion passed 8-0 with the following votes: Aye: Deeken, Lester, Mahoney, Markus, Quigg, Vaughan, Vogt, Yarnell 5. Communications Received Correspondence was received for Case Nos. P19005 and P19006. 6. New Business/Public Hearings Case No. P19004 - 3261 S Ten Mile Drive, Special Exception Permit. Request filed by Michael and Marrianne Ryno, property owners, for a Special Exception Permit to operate a Short Term Rental. The property is located on south side of S Ten Mile Drive 400 feet southeast of the intersection of County Club Drive and S Ten Mile Drive and is described as Part of the Northwest Quarter of the Northwest Quarter of Section 10, Township 44 North, Range 12 West, in the City of Jefferson, Missouri. Mr. Zollinger briefly described short-term rentals, as it applies to Jefferson City Municipal Code. Mr. Zollinger described the proposal and explained that the applicants are applying to operate a short term rental of the entire house as well as a short term rental of a lodging room. He stated that a short term rental of an entire residence allows 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 a maximum of four guests shall be permitted for the rental of a lodging room. He stated that the subject property appears to meet the review criteria for a Special Exception Permit for a short term rental. Mr. Michael Ryno, 3261 S. Ten Mile Drive, spoke regarding this request and explained that they purchased the house in 2005 and completely renovated it. He stated that there is adequate off street parking, no on street parking will be required. Mr. Ryno explained that they will maintain the residential appearance of the property. He stated that they do not foresee renting the entire house at this time but will rather rent one room. No one spoke in opposition of this request and no correspondence was received. Mr. Zollinger gave the Planning Division staff report. Mr. Lester moved and Mr. Vaughan seconded to recommend approval of the Special Exception Permit for a Short Term Rental to the City Council. The motion passed 8-0 with the following votes: Aye: Deeken, Lester, Mahoney, Markus, Quigg, Vaughan, Vogt, Yarnell Case No. P19005 - 2059 Hastings Road, Special Exception Permit. Request Filed by Judy and Danny Bryant, property owners, for a Special Exception Permit to operate a Short Term Rental. The property is located on the Northeast corner of the intersection of Hastings Road and New Castel Lane and is described as Lot Number 427, of Covington Gardens Subdivision, Section 5, in Jefferson City Missouri. Mr. Zollinger described the proposal and explained that the applicants are applying to operate a short term rental of the entire house as well as a short term rental of a lodging room. He stated that a short term rental of an entire residence allows 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 a maximum of four guests shall be permitted for the rental of a lodging room. He stated that the subject property appears to meet the review criteria for a Special Exception Permit for a short term rental. Mr. Zollinger explained that permitting both will allow the applicant flexibility in their operation of a short term rental. Minutes/Jefferson City Planning & Zoning Commission Page 3 February 14, 2019 Mr. Danny Bryant, 2059 Hastings Road, spoke regarding this request and explained that they purchased the house in December 2018. He stated that the basement is finished and consists of a kitchenette, living area, one bedroom and one bathroom. Mr. Bryant explained that he sent letters to his neighbors informing them of their intent and addressed the following concerns: (1) crime involving potential renters; (2) reduction in property values; (3) allowing pets; and (4) increase in noise from parties. He stated that they will not allow parties, will establish a no alcohol policy, and dictate quiet times. Mr. Bryant explained that they will maintain their property and will be present when the lodging room is occupied. Mr. Nick Swoboda, 2053 Hastings Road, spoke in favor of this request and explained that they live next door to the Bryant's and support their request. He stated that they used short term rentals in the past and they offer more affordable rates. The following individuals spoke in opposition to this request: Gregory Wene, 2112 Hastings Road Gary Barnhart, 4023 Newcastle Lane Bruce Chinn, 2124 Hastings Road Jonathan Carpenter, 4054 Newcastle Lane Carolyn Strobel, 4026 Newcastle Lane Cristian Oros, 4070 Newcastle Lane Sladana Oros, 4070 Newcastle Lane Those speaking in opposition voiced the following concerns: • only on street parking is available • residential neighborhood with small children • safety of small children in the neighborhood • short term rentals have an impact on property values • this is residential area, not a business neighborhood • potential for crime • Newcastle Lane is very narrow and will be impacted by an increase in on street parking • will rent multiples rooms instead of renting one lodging room • number of renters • Covington Gardens is a great neighborhood to live in • no vetting process, do not know who you are renting to • Special Exception Permit allows a short term rental of the entire residence • can only bring negative impacts to the neighborhood • once one short term rental is allowed, others may come into the neighborhood causing a domino effect • increase in traffic • sight distance issue on the corner of Hastings Drive and Newcastle Lane • lack of privacy with homes so close together • reviews from guests and hosts are not reliable • cannot do background checks on renters • concerned of selling home in future, future home buyers do not want a short term rental next door Mr. Frank Underwood, 220 Partridge Lane, Holts Summit, Missouri, spoke in support of Ms. Oros' comments about the safety of her child and the neighborhood children. Correspondence in support of the applicants was received from Mr. Jake Schmitz. Correspondence in opposition to this request was received from: DJ Rehmeier, 4020 Westminster Drive Cristian & Sladana Oros, 4070 Newcastle Lane Lou Tedeschi Louis Pilas, 4042 Westminster Drive Minutes/Jefferson City Planning & Zoning Commission Page 4 February 14, 2019 Mr. Danny Bryant, 2059 Hastings Road, gave rebuttal testimony and explained that they have a two car garage. He stated that there is parking available since his wife will park in the garage and he will park outside behind her. Mr. Bryant addressed the comment that they cannot check the background on the type of people renting their space. That is true however we cannot check the background on people driving through the neighborhood. A thorough background check is not done on renters of regular homes in the area. He stated that they are not renting the entire house, only the space in the basement. Mr. Bryant explained that they will be there the entire time the space is rented. He clarified that there is not a homeowner's association and there is not a subdivision covenant. Mr. Bryant explained that they have a chain link fence and are considering installing a short privacy panel where the Oros' backyard is visible. Mr. Zollinger addressed concerns that were expressed and explained that parking is permitted on Hastings Drive. He stated that there is no limit on the number of vehicles that people can bring for a special exception permit for a short term rental. Mr. Zollinger explained that there is a requirement for the amount of spaces that the property must provide which are two spaces where on street parking is permitted and three spaces where on street parking is prohibited. He stated that on street parking actually slows traffic down. Mr. Zollinger addressed the concern regarding oversight and explained that special exception permits may be revoked if violations are found. Mr. Yarnell requested that the applicant clarify their intent to rent the entire residence or only a lodging space. Mr. Danny Bryant, 2059 Hastings Road, stated that he is withdrawing the rental of the entire residence and will only rent a lodging space. Mr. Lester moved and Ms. Mahoney seconded to recommend approval for a Special Exception Permit for a Short Term Rental of a single lodging space to the City Council. Discussion: Mr. Deeken commented that he supports short term rentals and have used them in the past. I do not feel that this neighborhood is ready for a short term rental. Short term rentals should not encroach in young and vital neighborhoods. I agree with the comment that this short term rental could cause a domino effect. Mr. Markus commented that if we approve one short term rental it is not a domino effect. He explained that if a second short term rental wants to come in that we think could transform the neighborhood we have the opportunity to deny that one. Mr. Markus commented that there are several concerned neighbors that will watch for any violations and will try to have their special exception permit revoked. Vote: The motion passed 7-1 with the following roll call vote: Aye: Lester, Mahoney, Markus, Quigg, Vaughan, Vogt, Yarnell Nay: Deeken, Case No. P19007 - 2500 Block of Mission Drive, Preliminary and Final Subdivision Plat of Capital City High School Subdivision. Request filed by Jefferson City School District, property owner, for a Preliminary and Final Subdivision Plat of 110.26 acres consisting of 2 Lots and 1 Reserved Tract. The property includes portions of the RU Rural, RS -2 Single Family Residential, C-1 Neighborhood Commercial, and C-2 General Commercial Zoning Districts and is described as part of Sections 14 and 15, Township 44 North, Range 12 West, Jefferson City, Missouri (Central Missouri Professional Services, consultant). Mr. Zollinger described the proposal and explained that this proposal is for the approval of the Preliminary and Final Subdivision Plat of Capital High School Subdivision consisting of 110.26 acres. He stated that the property includes portions of the RU Rural, RS -2 Single Family Residential, C-1 Neighborhood Commercial, and C-2 General Commercial Zoning Districts. Mr. Zollinger explained that a development agreement between the City of Jefferson and Jefferson City Public School District was reached in December 2018 regarding the development of Capital City Minutes/Jefferson City Planning & Zoning Commission Page 5 February 14, 2019 High School. He stated that part of the development agreement was that, prior to the occupancy of Capital City High School subdivision plat approval must be secured. Mr. Zollinger explained that there are two lots and a reserved tract. He stated that the Preliminary and Final Plat shows a new street connecting Mission Drive with Creek Trail Drive which is to be named Cavalier Drive. Mr. Zollinger explained that the plat also shows a connection of Caviler Drive to Cathedral Rock Drive. He stated that Cathedral Rock Drive is part of a neighboring subdivision that has not yet been constructed. Mr. Zollinger explained that sidewalks will be located on the west side of Cavalier Drive. He stated that part of the Development Agreement states that sidewalks will not be required along the east side of Cavalier Drive except for a connection to the sidewalk from Notting Hill Drive to the sidewalk on Cavalier Drive. Mr. Paul Samson, Central Missouri Professional Services, 2500 E. McCarty Street, spoke regarding this request and explained that the purpose of this subdivision is to dedicate the right of way of Cavalier Drive. He stated that Cavalier Drive will connect Creek Trail Drive to the roundabout at the end of Mission Drive. Mr. Samson explained that in addition to the sidewalks constructed on Cavalier Drive sidewalks will also be constructed along the entire length of Mission Drive and Creek Trail Drive. Mr. Frank Underwood, Director of Facilities, Jefferson City School District, 315 E Dunklin Street, spoke regarding this request and explained that buses will circulate through to pick up and drop off in the rear of the school. He stated that buses will exit onto Mission Drive and continue onto Highway 179. Mr. Underwood explained that for the first year grades 9 and 10 will be phased in. He stated that by the third year grades 9 to 12 will be phased in. 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. Mr. Jordan inquired about the traffic situation at West Edgewood Drive and Creek Trail Drive. Mr. Bange gave a description of planned roadway improvements in the area and recent decisions to remove parking from Creek Trail Drive. Mr. Yarnell moved and Mr. Lester seconded to recommend approval of the Preliminary and Final Subdivision Plat of Capital City High School 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: Deeken, Lester, Mahoney, Markus, Quigg, Vaughan, Vogt, Yarnell Case No. P19008 - 1200 West Stadium Blvd, Final Subdivision Plat of Ridgecrest Subdivision, Section Two. Request field by Twehous Excavating Company, property owner, for a Final Subdivision Plat of 3.5 acres consisting of 1 Lot and 1 Reserved Tract. The property is zoned C-2 General Commercial and is located on the southwest corner of the intersection of West Edgewood Drive and West Stadium Boulevard. The property is described as part of the East Half of the Northwest Quarter of Section 14, Township 44 North, Range 12 West, Jefferson City, Missouri (Central Missouri Professional Services, consultant). Mr. Markus announced that he will abstain from voting on this request. Mr. Barron described the proposal and explained that the applicant is requesting approval of a Final Subdivision Plat consisting of 3.5 acres consisting of 1 Lot and 1 Reserved Tract zoned C-2 General Commercial. He stated that in October 2014 the current owner of the property submitted a request for a preliminary plat named Ridgecrest Subdivision Section One which is a continuation of Schepkers Farm Subdivision. Mr. Barron explained that the owner or future property owners will enter into a development agreement with the city regarding the eventual dedication of Reserved Tract B as right-of-way. Minutes/Jefferson City Planning & Zoning Commission Page 6 February 14, 2019 Mr. Paul Samson, Central Missouri Professional Services, 2500 E. McCarty Street, spoke regarding this request and explained that the subject property is currently owned by Twehous Excavating Company. He stated that at this time no improvements for Section One have been constructed. Mr. Samson explained that no new streets are proposed. He reiterated that the City's Law Department and the property owners are working on the development agreement and will go before the City Council with the Subdivision Plat. No'one spoke in opposition to this request and no correspondence was received. Mr. Barron gave the Planning Division staff report. Mr. Wade gave the Engineering Division staff report. Mr. Lester moved and Mr. Vaughan seconded to recommend approval of the Final Subdivision Plat of Ridgecrest Subdivision Section Two to the City Council subject to: 1. The owner or future property owners entering into a development agreement with the City of Jefferson to dedicate Reserved Tract B as right-of-way. 2. Comments and technical corrections of the Planning and Engineering Divisions. The motion passed 7-0 with the following votes: Aye: Deeken, Lester, Mahoney, Quigg, Vaughan, Vogt, Yarnell Abstain: Markus Case No. P19006 — Zoning Text Amendment; Telecommunication Facilities and Small Wireless Facilities. Request filed by staff to amend the text of Chapter 35, Zoning, including Section 35-42 Specific Use Standards for Telecommunications Facilities, Section 35-72.G Telecommunications Facility Permit, Creation of new Section 35-72.H regarding Small Wireless Right of Way permits, and other associated amendments. 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 Division webpage at www.ieffcitvmo.org. Mr. Moehlman described this proposal and explained that in 2018, the Missouri State Legislature enacted laws enabling wireless communication providers to install small wireless facilities in public right-of-way, with the only ability of cities to regulate such placement being in historic districts or single family residential districts. He stated that the City of Jefferson promptly created historic overlay districts over all National Register Districts within the City, in order to protect the historic districts from visually incompatible wireless facilities. Mr. Moehlman explained that small wireless facilities are relatively new and rely on 5G technology to provide a short range signal that can penetrate buildings thereby providing service for wireless users within the building and accommodate high data needs by users. He stated that the most logical location for use of small wireless facilities within Jefferson City is the downtown area, although other locations of high density data needs may arise over time. Mr. Moehlman explained that while the City cannot prohibit small wireless facilities from locating within historic or single family districts, regulations can be enacted to ensure that such facilities are compatible with the district. He stated that this bill would put in place a Special Exception Permit review process for new telecommunication facilities, including small cell wireless facilities, in the established National Register Historic Overlay Districts. Mr. Moehlman explained that a similar review process would be put in place for small wireless facilities being located in the single family residential districts, although the nature of the 5G technology associated with small wireless facilities does not lend itself well for placement in low density residential districts. He stated that design, construction, and location standards largely built around safety and accommodating the needs of multiple right-of-way users would also be put in place for small cell wireless facilities proposed to be located on right-of-way, along with a permitting process for to ensure compliance with these standards. No one spoke in opposition to this request. Minutes/Jefferson City Planning & Zoning Commission Page 7 February 14, 2019 Correspondence was received from Aaron Shank, Outside Legal Counsel for AT&T, 41 S. High Street, Suite 2900, Columbus, Ohio. In response to the written comments received, Mr. Moehlman stated that staff would review the drafted council bill and make changes were legally necessary. Mr. Lester moved and Mr. Vaughan seconded to recommend approval of the Zoning Code Amendments to the City Council. The motion passed 8-0 with the following votes: Aye: Deeken, Lester, Mahoney, Markus, Quigg, Vaughan, Vogt, Yarnell 7. Other Business A. Staff updates on prior cases • Case P18029 1101 E Capitol Avenue (Old Shoe Factory/ Fun Factory) Mr. Barron reported that the PUD Plan was approved by the City Council. 8. Adjourn. There being no further business, the meeting adjourned at 7:41 p.m. Respectfully Submitted, Eric Barron, Assistant Secretary