Loading...
HomeMy Public PortalAbout2019-02-14 packetNotice of Meeting & Tentative Agenda City of Jefferson Planning and Zoning Commission Thursday, February 14, 2019 — 5:15 P.M. Council Chambers, John G. Christy Municipal Building, 320 East McCarty Street Enter through Main Lobby All interested parties will be given a chance to be heard. TENTATIVE AGENDA 1. Call to Order and Introductions 2. Procedural Matters • Determination of quorum and designation of voting alternates • Call for cases • Receive and review requests for continuance • Receive requests for reordering the agenda • Format of hearing • List of exhibits 3. Adoption of Agenda (as printed or reordered) 4. Approval of the Regular Meeting Minutes of January 10, 2019 5. Communications Received 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. 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 Tenn 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. 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.jeffcitymo.org. Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Please call (573) 634-6410 with questions regarding agenda items. Agenda/Jefferson City Planning & Zoning Commission Page 2 February 14, 2019 7. Other New Business 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). 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). 8. Other Business A. Staff updates on prior cases 9. Adjourn Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Please call (573) 634-6410 with questions regarding agenda items. MINUTES JEFFERSON CITY PLANNING AND ZONING COMMISSION 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 6 of 7 5 of 7 4 of 7 7 of 7 7 of 7 4 of 7 7 of 7 6 of 7 7 of 7 5 of 7 4 of 7 STAFF PRESENT Sonny Sanders, Director of Planning & Protective Services Bryan Wolford, Associate City Counselor Eric Barron, Planning Manager Shane Wade, Civil Engineer II 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 Minutes/Jefferson City Planning & Zoning Commission Page 2 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 Minutes/Jefferson City Planning & Zoning Commission Page 3 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 light 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. Minutes/Jefferson City Planning & Zoning Commission Page 4 January 10, 2019 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 Minutes/Jefferson City Planning & Zoning Commission Page 5 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. Minutes/Jefferson City Planning & Zoning Commission Page 6 January 10, 2019 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 Minutes/Jefferson City Planning & Zoning Commission Page 7 January 10, 2019 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 Jefferson City Planning & Zoning Commission February 14, 2019 Case No. P19004 Michael & Marrianne Ryno 3261 S. Ten Mile Drive Special Exception Permit to operate a Short Term Rental PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION February 14, 2019 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. Nature of Request The property owner wishes to operate a short term rental. The use of a residence as a short term rental must be approved for a Special Exception Permit and comply with Section 35-41.B.35 of the Jefferson City Code. The applicants are applying for to be able to operate a short term rental of the entire house as well as a short term rental of a lodging room as outlined in Section 35-41.B.35. Staff Analysis Review Criteria for Special Exception Permits Review Criteria: Yes No Notes: The use of the property is consistent with the purpose and intent of the Zoning Ordinance regulating Short Term Rentals X The property has the capability to meet the requirements of the Short Term Rental section of the specific use standards found in Section 35-41.B.35 The use of the property is consistent with the Comprehensive Plan X The use of the property as a short term rental is considered a residential use which is consistent with the Comprehensive Plan. The use of the property will not substantially and permanently injury the appropriate use of the neighboring property. X The use of the property as a short term rental is similar in use to neighboring properties. The use of the property as a short term rental will serve the public convenience and welfare and shall not over burden municipal services. X The use of the property will serve as a public convenience for those who are looking for short term accommodations. The use will not over burden municipal services The use of the property as a short term rental shall not cause traffic, parking, population density or environmental problems. X A short term rental use is generally low impact and would not be expected to have a major impact on surrounding properties. The use of the property as a short term rental shall not adversely affect the health, safety and welfare of the community. X A short term rental use is generally low impact and would not be expected to have a major impact on surrounding properties. Number of Guests and Rooms: The applicants are requesting a special exception permit for the Short Term rental of an existing single family residence and a lodging Room. 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. Section 35-41.B.35.b (3)(b) states that a maximum of one rental space may be rented to guest, multiple rentals within the same residence is not permitted. A maximum of 4 people shall be permitted as guests. Permitting both will allow the applicant flexibility in their operation of a short term rental. Signage: There are no plans to install signage on the property. Parking: No additional parking spaces are required to accommodate the use. Zoning And Surrounding Land Use Current Zoning: RS -3 Single Family Residential Current Use: Single Family Residential Revocation of Special Exception Permits: Property owners who obtain a Special Exception Permit may have the permit revoked if violations are found. Properties may be subject to inspection. Section 35-73D.7 outlines the reasons for the revocation of a Special Exception Permit. 1. A permit can be revoked for non-compliance with any conditions imposed on the special exception use. 2. For a violation of any provisions of this Section and the Zoning Ordinance pertaining to the use of land, the construction or use of buildings or structures or activities conducted on the premises by the applicant or his or her tenants. 3. For violation of any other adopted Ordinances, regulations, resolutions or ordinances of the city, county, state or federal law agencies by the applicant or his or her tenants, provided that such violations relate to the conduct or activity authorized by the Special Exception Use Permit or the qualifications of the applicant or his or her tenants to engage in such conduct or activity. Staff Recommendation The property appears to meets the review criteria for a Special Exception Permit. Staff Recommends approval of the proposed Special Exception Permit. Approve Deny Neutral Staff Recommendation X Form of Motion 1. Motion to approve the request for a Special Exception Permit for a Short Term Rental. Surrounding Zoning Surrounding Uses North RS - 1 Single Family Residential South RS - 1 Single Family Residential East RS - 1/ C-2 Single Family Residential West RS - 1 Single Family Residential Revocation of Special Exception Permits: Property owners who obtain a Special Exception Permit may have the permit revoked if violations are found. Properties may be subject to inspection. Section 35-73D.7 outlines the reasons for the revocation of a Special Exception Permit. 1. A permit can be revoked for non-compliance with any conditions imposed on the special exception use. 2. For a violation of any provisions of this Section and the Zoning Ordinance pertaining to the use of land, the construction or use of buildings or structures or activities conducted on the premises by the applicant or his or her tenants. 3. For violation of any other adopted Ordinances, regulations, resolutions or ordinances of the city, county, state or federal law agencies by the applicant or his or her tenants, provided that such violations relate to the conduct or activity authorized by the Special Exception Use Permit or the qualifications of the applicant or his or her tenants to engage in such conduct or activity. Staff Recommendation The property appears to meets the review criteria for a Special Exception Permit. Staff Recommends approval of the proposed Special Exception Permit. Approve Deny Neutral Staff Recommendation X Form of Motion 1. Motion to approve the request for a Special Exception Permit for a Short Term Rental. City of Jefferson Planning & Zoning Commission LOCATION MAP Case No.P19004 3261 S Ten Mile Drive Special Exception Permit for a Short Term Rental 0 190 380 760 Fcet City of Jefferson Planning & Zoning Commission VICINITY BENNINGTON'LN \ L. CATALINA1DR KENT -ST :TEN MILE DR N t3 R. t.. a 1 - co w'MAINcST, l .IVU � 1 rRIAL OR PLAZA -DR dAMAZONAS-DRQ --r 'R. R;F H1NY `° • to A: C9 re w MgZ j-- -, ROCKRIDGE-RD � yes 47 EMERAL-D-LN--- W-EDGEWOOD DR I j MANYLN Rpp E 13r,�" G MISSION -DR Case No.P19004 3261 S Ten Mile Drive Special Exception Permit for a Short Term Rental 0 800 1,600 3,200 Feet IM or City of Jefferson Department of Planning & Protective Services 320 E. McCarty Street Jefferson City, MO 65101 Phone: 573-634-6410 jcplanninq(djeffcitvm o. orq www.jeffersoncitymo.gov APPLICATION FOR SPECIAL EXCEPTION USE The undersigned hereby petitions the Planning and Zoning Commission and City Council of the City of Jefferson, Missouri for the following Special Exception: Special Exception Use Application Fee: Residential = $500 Commercial = $650 Proposed Land Use: \ c f M (II (include Reference Number from Land Use Matrix; site plan must be attached) Property Location/Address: 3 - - << I S A e , A 1111 1 r -01 I t_ Legal Description: (as follows or is attached) V AS `'✓ '"- t t S *-' N L); 11' ? 112) V) COR S f` C- t (-; 16 sn .7 4 PC n; C 7K77 • !L �3-7,-3; ,1,',41 .`its F ic`l. x' S c�•c`•O.4• f 7h10, 1 Current Zoning District: 2 S - ! Does project involve a change in zoning district? kNo 0 Yes, proposed zoning If yes, a separate rezoning application is required The undersigned hereby state they are the owners of the real estate described above or in the attached exhibit who petition for special exception use: ALL OWNERS OF REAL PROPERTY INCLUDED IN THIS APPLICATION MUST SIGN THE APPLICATION, AND ALL SIGNATURES MUST BE NOTARIZED. IF ADDITIONAL SIGNATURES ARE NEEDED, PLEASE ATTACH SEPARATE SHEETS. \: c (�c: l\n Property Owner #1 Name (type or print) Property Owner #2 Name (type or print) BRlkj� dnd sw Notary Public Notary Stc e STATE OF MISSOURI County of Cole My Commission Expires 4/27/2019 Commission ff 15013472 Address of Property Owner #1: 3 ') c 1 Address of Property Owner#2 312 L. I Phone Number(s): 7 3 -1 (' ; r Property Owner Signatu Property Owner Signatur rn before me this 8 day of cJ°f YlGtokYy int ear . Notary Pub is Y �l 5 5 3 Z 3 c, ; i I 7 i_ in Applicant information (if different from property owner) Name: Address: Phone Number(s): For City Use Only: (Revised July 1, 2018) Application Filing Fee: Residential = $300 + $200 advertising fee Commercial = $450 + $200 advertising fee Payment Received: Cash (Receipt # ) _Check (Copy; check # Attachments: Site plan Subdivision Plat Applicant Information Sheet _Other documentation individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Project Description Narrative _Location Map Page 1 of 4 Short -Term Rental at 3261 S. Ten Mile Drive Our home sits on 7.27 acres and adjoins another property we own of 1.32 acres. Our property is the first to the right off of the busy Country Club Drive. Our home sits approximately 150 feet from the street. Both properties have private drives with plenty of parking for short-term rental tenants. There would be no on -street parking for tenants. We are looking to short term rent from 1 room to the whole house. We do have multiple exterior security cameras. Our tenants will not be allowed parties. There is a no smoking policy in the house and we have provided smoker stations at the rear of our home for outside smoking. Mike and Marrianne Ryno City of Jefferson Department of Planning & Protective Services 320 E. McCarty St. Jefferson City, MO 65101 January 31, 2019 Dear Property Owner: Carrie Terpin, Mayor Sonny Sanders, AICP, Director Phone: 573-634-6410 Fax: 573-634-6457 This letter is to notify you that the Jefferson City Planning and Zoning Commission will meet at 5:15 p.m. on Thursday, February 14, 2019 in the Council Chambers of the John G. Christy Municipal Building, 320 East McCarty Street, to consider the following matter (see map on back): Case No. 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. As a nearby landowner and/or neighbor, you are being provided notice of this hearing. Unfortunately, we are unable to record comments received by telephone, however, written comments may be directed to the Planning and Zoning Commission in one of the following ways: e-mail: jcplanning@jeffcitymo.org fax: Dept. of Planning and Protective Services / Planning Division 573-634-6457 mail: Dept. of Planning and Protective Services / Planning Division John G. Christy Municipal Building, 320 E. McCarty Street Jefferson City, MO 65101 Written comments received on or before 1:00 p.m. on the day of the meeting will be made a part of the official record and copied and distributed to Commission members at the meeting. Those unable to provide written comments in advance are invited to deliver their comments to the Commission Chairman only at the meeting. Correspondence received after 1:00 p.m. will be included in the official record, but there is no guarantee that copies will be made for distribution to all Commission members. For your information, this case is tentatively scheduled for a public hearing in front of the City Council on March 18, 2019. The City Council meets at 6:00 p.m. in the Council Chambers of the John G. Christy Municipal Building, 320 East McCarty Street. Information regarding this case may be viewed on the Planning and Zoning Commission webpage at: http://www.jeffersoncitymo.gov/government/planning/planning and zoning commission.php If you have any questions concerning this matter, please feel free to contact us at 573.634.6475. Sincerely, Ian Zollinger Planner Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Please call (573) 634-6410 with questions regarding agenda items. Jefferson City Planning & Zoning Commission Property Owner List Case No. P19004 SCHNEIDERS, JEFFREY M & SHARON K 1314 HWY 179 JEFFERSON CITY, MO 65109 3301 COUNTRY CLUB DR DULLE, JAMES L & JEANETTE TRUSTEES 3319 COUNTRY CLUB DR JEFFERSON CITY, MO 65109-1028 3319 COUNTRY CLUB DR FIRLEY, V JOAN 3329 COUNTRY CLUB DR JEFFERSON CITY, MO 65109 3329 COUNTRY CLUB DR REAR SCHENEWERK, MARY ANN TRUSTEE 3214 COUNTRY CLUB DR JEFFERSON CITY, MO 65109 3214 COUNTRY CLUB DR DALLMEYER, ROBERT E III TRUSTEE 3228 COUNTRY CLUB DR JEFFERSON CITY, MO 65109 420 CONSTITUTION DR DALLMEYER, ROBERT E III TRUSTEE 3228 COUNTRY CLUB DR JEFFERSON CITY, MO 65109 3228 COUNTRY CLUB DR BERNSKOETTER, BRICE M & KATIE J 3213 COUNTRY CLUB DR JEFFERSON CITY, MO 65109 3213 COUNTRY CLUB DR FREEMAN, RANDOLPH JR 3260 S TEN MILE DR JEFFERSON CITY, MO 65109 3260 S TEN MILE DR VANDERPOL, PHILIP D 3221 COUNTRY CLUB DR JEFFERSON CITY, MO 65109 3221 COUNTRY CLUB DR Page 1 3261 S. Ten Mile Drive February 14. 2019 BENNETT, ALEXANDER J 207 WAGONWHEEL DR JEFFERSON CITY, MO 65109 3227 COUNTRY CLUB DR JAEGER, DAVID W & NANCY L 3256 S TEN MILE DR JEFFERSON CITY, MO 65109 3256 S TEN MILE DR PETERSON, NEIL A & DONNA M 3250 S TEN MILE DR JEFFERSON CITY, MO 65109 3250 S TEN MILE DR ADAMS, JEFFREY 901 JEFFERSON ST JEFFERSON CITY, MO 65101 3132 HOGAN DR WESTBROOK, SCOTT H VORE, NAOMI R 125 HONEYSUCKLE RD ELDON, MO 65026 3218 5 TEN MILE DR THOMAS, DONNA SUE 310 CHURCH ST JEFFERSON CITY, MO 65101-4812 3214 S TEN MILE DR SCHROER, JOSEPH A & JANET L 8609 W ST MARTINS BLVD CENTERTOWN, MO 65023 3212 5 TEN MILE DR FREBERG, BRIAN NEUDAHL, CHERYL R 3206 S TEN MILE DR JEFFERSON CITY, MO 65109 3206 S TEN MILE DR CAMPBELL, WILLIAM B & PENNY A 64398 OLD 50 HWY CALIFORNIA, MO 65018 3209 S TEN MILE DR Jefferson City Planning & Zoning Commission Page 2 Property Owner List Case No. P19004 32615. Ten Mile Drive February 14. 2019 SHEAHAN, GEORGE J & GLENDA G TRUSTEES 3304 RT NN CENTERTOWN, MO 65023 3213 S TEN MILE DR CHOATE, SHIRLEY J 3227 S TEN MILE DR JEFFERSON CITY, MO 65109 3227 S TEN MILE DR CAMPBELL, WILLIAM B & PENNY A 64398 OLD HWY 50 CALIFORNIA, MO 65018 S TEN MILE DR LONG, MARK E & JESSICA MORELAND 3235 S TEN MILE DR JEFFERSON CITY, MO 65109 3235 S TEN MILE DR DEBROECK, CHRISTOPHER A & ANGELA K 3249 S TEN MILE DR JEFFERSON CITY, MO 65109 3249 S TEN MILE DR RYNO, MICHAEL & MARRIANNE 3261 S TEN MILE DR JEFFERSON CITY, MO 65109 3267 S TEN MILE DR CITADEL CT Case No. P19004 3261 S Ten Mile Drive Special Exception Permit for a Short Term Rental 185 ft. Notification Buffer 0 105 210 S 420 630 843 Feet Jefferson City Planning & Zoning Commission February 14, 2019 Case No. P19005 Judy & Danny Bryant 2059 Hastings Road Special Exception Permit to operate a Short Term Rental PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION February 14, 2019 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. Nature of Request The property owner wishes to operate a short term rental. The use of a residence as a short term rental must be approved for a Special Exception Permit and comply with Section 35-41.B.35 of the Jefferson City Code. The applicants are applying for to be able to operate a short term rental of the entire house as well as a short term rental of a lodging room as outlined in Section 35-41.B.35. Staff Analysis Review Criteria for Special Exception Permits Review Criteria: Yes No Notes: The use of the property is consistent with the purpose and intent of the Zoning Ordinance regulating Short Term Rentals X The property has the capability to meet the requirements of the Short Term Rental section of the specific use standards found in Section 35-41.B.35 The use of the property is consistent with the Comprehensive Plan X The use of the property as a short term rental is considered a residential use which is consistent with the Comprehensive Plan. The use of the property will not substantially and permanently injury the appropriate use of the neighboring property. X The use of the property as a short term rental is similar in use to neighboring properties. The use of the property as a short term rental will serve the public convenience and welfare and shall not over burden municipal services. X The use of the property will serve as a public convenience for those who are looking for short term accommodations. The use will not over burden municipal services The use of the property as a short term rental shall not cause traffic, parking, population density or environmental problems. X A short term rental use is generally low impact and would not be expected to have a major impact on surrounding properties. The use of the property as a short term rental shall not adversely affect the health, safety and welfare of the community. X A short term rental use is generally low impact and would not be expected to have a major impact on surrounding properties. Number of Guests and Rooms: The applicants are requesting a special exception permit for the Short Term rental of an existing single family residence and a lodging Room. 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. Section 35-41.B.35.b (3)(b) states that a maximum of one rental space may be rented to guest, multiple rentals within the same residence is not permitted. A maximum of 4 people shall be permitted as guests. Permitting both will allow the applicant flexibility in their operation of a short term rental. Signage: There are no plans to install signage on the property. Parking: No additional parking spaces are required to accommodate the use. Zoning And Surrounding Land Use Current Zoning: RS -3 Single Family Residential Current Use: Single Family Residential Revocation of Special Exception Permits: Property owners who obtain a Special Exception Permit may have the permit revoked if violations are found. Properties may be subject to inspection. Section 35-73D.7 outlines the reasons for the revocation of a Special Exception Permit. 1. A permit can be revoked for non-compliance with any conditions imposed on the special exception use. 2. For a violation of any provisions of this Section and the Zoning Ordinance pertaining to the use of land, the construction or use of buildings or structures or activities conducted on the premises by the applicant or his or her tenants. 3. For violation of any other adopted Ordinances, regulations, resolutions or ordinances of the city, county, state or federal law agencies by the applicant or his or her tenants, provided that such violations relate to the conduct or activity authorized by the Special Exception Use Permit or the qualifications of the applicant or his or her tenants to engage in such conduct or activity. Staff Recommendation The property appears to meets the review criteria for a Special Exception Permit. Staff Recommends approval of the proposed Special Exception Permit. Approve Deny Neutral Staff Recommendation X Form of Motion 1. Motion to approve the request for a Special Exception Permit for a Short Term Rental. Surrounding Zoning Surrounding Uses North RS - 3 Single Family Residential South RS - 3 Single Family Residential East RS - 3 Single Family Residential West RS - 3 Single Family Residential Revocation of Special Exception Permits: Property owners who obtain a Special Exception Permit may have the permit revoked if violations are found. Properties may be subject to inspection. Section 35-73D.7 outlines the reasons for the revocation of a Special Exception Permit. 1. A permit can be revoked for non-compliance with any conditions imposed on the special exception use. 2. For a violation of any provisions of this Section and the Zoning Ordinance pertaining to the use of land, the construction or use of buildings or structures or activities conducted on the premises by the applicant or his or her tenants. 3. For violation of any other adopted Ordinances, regulations, resolutions or ordinances of the city, county, state or federal law agencies by the applicant or his or her tenants, provided that such violations relate to the conduct or activity authorized by the Special Exception Use Permit or the qualifications of the applicant or his or her tenants to engage in such conduct or activity. Staff Recommendation The property appears to meets the review criteria for a Special Exception Permit. Staff Recommends approval of the proposed Special Exception Permit. Approve Deny Neutral Staff Recommendation X Form of Motion 1. Motion to approve the request for a Special Exception Permit for a Short Term Rental. City of Jefferson Planning & Zoning Commission LOCATION MAP --1 r9a�r3il -1111111111111* C4 OAK LN SII `r moi" r'�-�•�� • i -L c • • Pak Case No.P19005 2059 Hastings Road Special Exception Permit for a Short Term Rental WESTMINISTER DR 0 65 130 260 Feet VOL City of Jefferson Planning & Zoning Commission VICINITY 5x\ 0 \ o y -------------- S p i O Q.-RILEY-C f-=-, cr 13 re �I • SGC z z 1 L.LLI z l._� i z o z I1-________________2\ I — SCARBOROUGH -WAY I '11 . 0-41- OXFORD -RD o I� UCKINGHAM.PARK------0— LIVERPOOL -DR --1. _.1 ij_ - c ------WESTPORT DR -- �ttllfl�fltCac�+ �+r 1 /HILL_RD1 I - B __ SOiUTH4M i11.�J` L T T � � I � P ON :TIE .. I ��-GII NEWCLN i Is SOUTH•DR O 1 WESTMINISTER.DR I — ! I r0 /'. /'• i II` FOXD ALE= R 4 .CCA 2 14 v' .Vo �� Case No.P19005 2059 Hastings Road Special Exception Permit for a Short Term Rental 0 400 800 1,600 Feet City of Jefferson Department of Planning & Protective Services 320 E. McCarty Street Jefferson City, MO 65101 Phone: 573-634-6410 jcplanninq(a�jeffcityrno.orq www.feffersoncitymo.gov APPLICATION FOR SPECIAL EXCEPTION USE The undersigned hereby petitions the Planning and Zoning Commission and City Council of the City of Jefferson, Missouri for the following Special Exception: Special Exception Use Application Fee: Residential = $500 Commercial = $650 Proposed Land Use: ihOrf /Crm ,een-JQI (include Reference Number from Land Use Matrix; site plan must be attached) Property Location/Address: 0? O 0_5 41.n G S , .1e e rs art C /n o Costo? Legal Description: (as follows or is attached) Current Zoning District: i `"3 Does project involve a change in zoning district? ONo 0 Yes, proposed zoning if yes, a separate rezoning application is required The undersigned hereby state they are the owners of the real estate described above or in the attached exhibit who petition for special exception use: ALL OWNERS OF REAL PROPERTY INCLUDED IN THIS APPLICATION MUST SIGN THE APPLICATION, AND ALL SIGNATURES MUST BE NOTARIZED. IF ADDITIONAL SIGNATURES ARE NEEDED, PLEASE ATTACH SEPARATE SHEETS. Property caner #1 Name (type or print) Da y root? roperty qwner #2 Name (type or print) Subscribed and sworn before me this Address of Property Address of Property 14-4 KELLY ENGLISH Notary Public - Notary Seal State of Missouri Commissioned for Cole Counter io.r uommws:on types: uctaoer zs, ZUZ 1 C;irfi .i i n Numb ? �,t51-1,(..„5/ Dad Owner _�T�y rri7L,,,,P PrOwner Sig cure Property Owner Signature n C day of_Iante-7a' in of 1 or -0t I I Notary 'ubllc, 1 P>lers o1 C A6 y, %V/5/0? Owner #2 00 4/ 574i r c iC UQ rirecSOn �'i /)')Q to 5-to� Phone Number(s): X09- 531-- ,55 c, (o U Applicant Information (if different from property owner) Name: Address: Phone Number(s): For City Use Only: (Revised July 1, 2018) Application Filing Fee: Residential = $300 + $200 advertising fee Commercial = $450 + $200 advertising fee Payment Received: _Cash (Receipt # ) _Check (Copy; check # Attachments: _Site plan Subdivision Plat Applicant Information Sheet Other documentation _Project Description Narrative Location Map Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act Please allow three business days to process the request. Page 1 of 4 City of Jefferson Department of Planning & Protective Services 320 E. McCarty St. Jefferson City, MO 65101 January 31, 2019 Dear Property Owner: Carrie Terqin, Mayor Sonny Sanders, AICP, Director Phone: 573-634-6410 Fax: 573-634-6457 This letter is to notify you that the Jefferson City Planning and Zoning Commission will meet at 5:15 p.m. on Thursday, February 14, 2019 in the Council Chambers of the John G. Christy Municipal Building, 320 East McCarty Street, to consider the following matter (see map on back): Case No. 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. As a nearby landowner and/or neighbor, you are being provided notice of this hearing. Unfortunately, we are unable to record comments received by telephone, however, written comments may be directed to the Planning and Zoning Commission in one of the following ways: e-mail: jcplanning@jeffcitymo.org fax: Dept. of Planning and Protective Services / Planning Division 573-634-6457 mail: Dept. of Planning and Protective Services / Planning Division John G. Christy Municipal Building, 320 E. McCarty Street Jefferson City, MO 65101 Written comments received on or before 1:00 p.m. on the day of the meeting will be made a part of the official record and copied and distributed to Commission members at the meeting. Those unable to provide written comments in advance are invited to deliver their comments to the Commission Chairman only at the meeting. Correspondence received after 1:00 p.m. will be included in the official record, but there is no guarantee that copies will be made for distribution to all Commission members. For your information, this case is tentatively scheduled for a public hearing in front of the City Council on March 18, 2019. The City Council meets at 6:00 p.m. in the Council Chambers of the John G. Christy Municipal Building, 320 East McCarty Street. Information regarding this case may be viewed on the Planning and Zoning Commission webpage at: http://www.jeffersoncitymo.gov/government/planninq/planning and zoning commission.php If you have any questions concerning this matter, please feel free to contact us at 573.634.6475. Sincerely, Ian Zollinger Planner Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Please call (573) 634-6410 with questions regarding agenda items. Jefferson City Planning & Zoning Commission Property Owner List Case No. P19005 RIEGEL HERITAGE BUILDERS INC 313A OUTSIDE INN LN CHAMOIS, MO 65024 2046 HASTINGS RD GRAHAM, AMANDA 2050 HASTINGS RD JEFFERSON CITY, MO 65109 2050 HASTINGS RD DAO, VINH QUANG PHAM, LINH HAU Al 2054 HASTINGS RD JEFFERSON CITY, MO 65109 2054 HASTINGS RD BEMBOOM, GREGORY L 2011 W EDGEWOOD DR JEFFERSON CITY, MO 65109 2058 HASTINGS RD WEBER & ASSOCIATES INVESTMENTS LLC 5002 BUSINESS 50 W JEFFERSON CITY, MO 65109 2062 HASTINGS RD SWOBODA, NICK & ASHLEY 2053 HASTINGS RD JEFFERSON CITY, MO 65109 2053 HASTINGS RD JACO, BRIAN LESTER & HELEN M 2049 HASTINGS RD JEFFERSON CITY, MO 65109 2049 HASTINGS RD BACKES, COLE & MIRANDA 235 LUYSTOWN MILL LN BONNOTS MILL, MO 65016 2045 HASTINGS RD BARTLETT, SCOTT R & DENISE R 4062 NEWCASTLE LN JEFFERSON CITY, MO 65109 4062 NEWCASTLE LN 2059 Page 1 Hastings Road February 14, 2019 THOMAS, VICTOR C 4066 NEWCASTLE LN JEFFERSON CITY, MO 65109 4066 NEWCASTLE LN OROS, CRISTIAN & SLADANA 4070 NEWCASTLE LN JEFFERSON CITY, MO 65109 4070 NEWCASTLE LN RIEGEL HERITAGE BUILDERS INC 313A OUTSIDE INN LN CHAMOIS, MO 65024 2108 HASTINGS RD WEBER & ASSOCIATES INVESTMENTS LLC 5002 BUSINESS 50 W JEFFERSON CITY, MO 65109 2104 HASTINGS RD SCHIFFNER, MICHAEL D 4075 NEWCASTLE LN JEFFERSON CITY, MO 65109 4075 NEWCASTLE LN SUMPTER, ROBERT & CRISTINE 4071 NEWCASTLE LN JEFFERSON CITY, MO 65109 4071 NEWCASTLE LN RIEGEL, MARK 32 CORD600A LOOSE CREEK, MO 65054 4067 NEWCASTLE LN STRATMAN, JULIE L 4063 NEWCASTLE LN JEFFERSON CITY, MO 65109 4063 NEWCASTLE LN Case No.P19OO5 2059 Hastings Road Special Exception Permit for a Short Term Rental 185 ft. Notification Buffer s 0 75 150 300 450 600 Feet cr O co VHILL RD Z O CHARLANE DR U o) 1 - re a W ce ROCKSIDE DR OXFORD RD BUCKINGHAM PARK LN 1_ o W J ti co o 3 w ur o 2 w re x w a E Q WESTMINISTER DR LONDON WAY Jefferson City Planning & Zoning Commission February 14, 2019 Case No. P19006 City Staff Zoning Text Amendment Pertaining to Telecommunication Facilities and Small Wireless Facilities Planning and Zoning Commission Case #P19006 Telecommunication Facilities and Small Wireless Facilities Staff Summary of Proposed Amendments Summary: 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. 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. Small wireless facilities are a relatively new phenomena, 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. The range of a typical small wireless array is a few hundred feet (and very situational depending on the location of buildings), necessitating the placement of multiple arrays to effectively cover an area. 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. 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. This bill would put a "Special Exception Permit" review process in place for all telecommunication facilities (including small wireless facilities) being located in the historic overlay districts. 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. What Are Small CeII Deployments? Small cell deployments are complementary to towers, adding much needed coverage and capacity to urban and residential areas, venues. and anywhere Targe crowds gather 1 1 ..✓ 'r4r. tr.... a -n ^ccis :o ,-.i canes 1 • a !,,Qrn c _ !•• nubs =era:ec: ty wl-e.ess cnrr:ers 1 11111111111111111111 1111111111111111111111111111111111111M1111111 IItIIII11111111lIItt1111111111111UI1lIii11I Tne cat ',ref hods ea,:o•ree.: thx cessaea ...:*e ess c arr:e 1111111111111111111111 Some: frown Castle Purpose and intent: The purpose of these proposed amendments is to ensure that new facilities being located in the historic districts (particularly downtown) are designed in a way to be visually compatible with the area in which they are located. Also, to ensure that new wireless facilities being located elsewhere (where design requirements are largely preempted by state law) are placed in a manner that is compatible with the needs of other right-of-way users and constructed in a safe manner. Proposed Amendments: 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. Design, construction, and location standards (largely built around safety and accommodating the needs of multiple right -ow -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. The proposed amendments were crafted based on a model ordinance distributed by the Missouri Municipal League, with many of the technical details being requirements of state law and copied over from that model ordinance. General Requirements for Small Wireless Facilities: If located in the right-of-way and outside of the Historic Overlay districts and Single Family zones, providers would be required to adhere to the design, construction, and location standards of Section 35- 42.S, and obtain a Small Wireless Facility Right-of-way permit in accordance with Section 35-72.H. If located on private property and outside of the Historic Overlay districts and Single Family zones, property owners would be required to adhere to the general standards for a telecommunication facility and obtain a Telecommunication Facility Permit in accordance with Section 35-72.G. If located within the Historic Overlay districts or Single Family zones, providers would be required to submit application for a Special Exception Permit. That application would first go before the Planning and Zoning Commission, in a public hearing format (and after public notification of surrounding property owners, sign posting, and legal notice as required for such zoning actions). After review by the Planning and Zoning Commission in accordance with the standards for a Special Exception Permit (with additional standards relating to compatibility of facilities with the historic nature of the district) the application would proceed to the City Council with the positive/negative recommendation of the Planning and Zoning Commission. The application would be in the form of a City Council Resolution and would include a public hearing. Traditional telecommunication facilities proposed for location in the historic districts would be required to submit application for a Special Exception Permit as well. A fee structure is proposed for insertion into Appendix Y to covers costs associated with the special exception permit process and review of permit applications. Staff Recommendation: The City is on a timeline for approval of a process to permit small wireless facilities. Staff recommend approval of the proposed Zoning Code Amendments. BILL NO. [Bill No.1 SPONSORED BY COUNCILMAN ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 35 THE ZONING CODE PERTAINING TO TELECOMMUNCIATION FACILITIES. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Chapter 35 (Zoning Code) Section 35-42 (Specific Use Standards for Telecommunications Facilities) is hereby amended as follows: Sec. 35-42. Specific Use Standards for Telecommunications Facilities A. Purpose. The purpose of this Section is to regulate the placement, construction and modification of telecommunication towers, support structures, and antennas in order to protect the health, safety, and general welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the City of Jefferson. Specifically, this Section is intended to: 1. Provide for the appropriate location and development of telecommunications facilities and systems to serve the citizens and businesses of the City of Jefferson; 2. Minimize adverse visual impacts of communications antennas and support structures through the careful design, siting, landscape screening, and innovative camouflaging techniques; 3. Maximize the use of existing and new support structures so as to minimize the need to construct new or additional facilities; 4. Maximize the co -location of facilities on any new support structures and facilitate the fewest and least visible new support structures capable of achieving these objectives; 5. Ensure that any new telecommunications tower or support structure is located in an area compatible with the neighborhood or surrounding community to the extent possible; and 6. Ensure that regulation of telecommunications towers and structures does not have the effect of prohibiting the provision of personal wireless services, and does not unreasonably discriminate among functionally equivalent providers of such service. B. Applicability. 1. All towers, antenna support structures and telecommunications facilities, any portion of which are located within the City of Jefferson, are subject to this Section. All towers within the City of Jefferson, Missouri at the time of passage of this Section shall be registered with the Director within sixty (60) days from the effective date hereof, together with the height, width and location thereof, and a registration fee of fifty dollars ($50.00). Failure to register an existing tower shall raise a presumption that said tower was not a legal nonconforming use on the date of passage of this Section. However, this Section shall not apply to tower structures used, or to be used, solely for services provided pursuant to a broadcast radio or television license issued by the Federal Communications Commission or to towers and antennas used solely for private 1 Deleted text shown thus, inserted text shown as thus. telecommunications services when the equipment is located on the premises of the entity using said private telecommunication service, or the towers and antennas, support structure or masts are located on the primary business premises of a provider of communications services if used solely to monitor the provider's services and the equipment used by the broadcaster. Provided the private telecommunicator or provider is in compliance with any federal, state, or local laws, and does not encroach on the public rights-of-way. 2. Notwithstanding any provisions contained in this Section, any current legal use being made of an existing tower or antenna support structure on the effective date of this Section shall be allowed to continue as a non -conforming structure. Any tower site that has received city approval in the form of either a conditional use permit or building permit, but has not yet been constructed or located within six (6) months of the date of the permit, shall be considered a non -permitted structure. 3. The term "telecommunications facilities" shall not include: a. Any satellite dish two meters in diameter or less which is located in an area zoned and used for industrial or commercial; b. Any satellite earth station antenna one meter or less in diameter, regardless of zoning category; c. Any satellite earth station in excess of two meters in diameter which is utilized for the reception of broadcast television, video or radio signals and which is an ancillary use to a structure on the premises of the holder of the broadcast license. 4. The term "this Section" throughout Section 35-42 refers to Section 35-42 in its entirety. C. Legislative Findings. 1. On February 8, 1996, congress enacted the Federal Telecommunications Act of 1996 P.L. No. 104-104. The purpose of the Act included deregulation of the telecommunications industry and providing a more competitive environment for wired and wireless telecommunication services in the United States. 2. The Telecommunications Act of 1996 preserves the authority of the City to regulate the placement, construction and modification of towers and antenna support structures and to protect the health, safety and welfare of the public. 3. The City has been granted the authority to enact legislation to regulate the construction, placement and operation of telecommunications towers and antennas pursuant to its zoning powers established in Chapter 89 of the Revised Statutes of Missouri and additionally pursuant to its general and specific police powers established by statute authorizing the regulations herein to protect the public health, safety and welfare. 4. The Federal Communications Commission (FCC) has exclusive jurisdiction over (1) the regulation of the environmental effects of radio frequency emissions from telecommunications facilities, and (2) the regulation of radio signal interference among users of the radio frequency spectrum. 5. Consistent with the Telecommunications Act of 1996, the regulations of this Section will not have the effect of prohibiting the provision of personal wireless services, and do not unreasonably discriminate among functionally equivalent providers of such service. The regulations also impose reasonable restrictions to protect the public safety and welfare and ensure opportunities for placement of antennas with prompt approval by the City. This Section does not attempt to regulate in areas within the exclusive jurisdiction of the FCC. 6. The uncontrolled proliferation of towers in the City of Jefferson is threatened without adoption of new regulations and would diminish property values, the aesthetic quality of the city, and would otherwise threaten the health, safety, and welfare of the public. 2 Deleted text shown thus, inserted text shown as thus. D. Timing. Applications for telecommunication facility permits or conditional use permits pursuant to this Section shall be subject to the supplementary procedures in this Section. Applications shall be submitted to the City as a complete application. A "complete application" shall be an application submitted on the forms provided by the City, fully executed by the applicant, identifying the specific approval sought, and containing all attachments, fees and information as required thereon or by the City, consistent with this Section. Applications for telecommunication facility permits shall be accompanied by a building permit application and other applicable forms. Applications shall include application fees as may be established to reimburse the City for its inspection and review costs. 1. Co -location requests. A final decision on applications to co -locate wireless communication facilities on an existing telecommunication tower shall be made no later than ninety (90) days after receipt of a complete application from an applicant, unless extended by the City for good cause or by consent of the applicant. 2. Other applications and new support structures. A final decision on all other applications under this Section, including but not limited to applications for new telecommunication towers, shall be made no later than one hundred fifty (150) days after receipt of a complete application from an applicant, unless such period is extended by the City for good cause or by consent of the applicant. 3. Incomplete applications. Within thirty (30) days after receipt of an incomplete application, the Director shall provide notice to the applicant stating that the application is incomplete and generally identifying the code provisions or application requirements not satisfied or information not provided that the applicant must satisfy for a complete application commencing the City's review process. Nothing in this procedure shall alter the affirmative obligation of each applicant to review the applicable code and satisfy all applicable provisions as may apply to the applicant's specific submission. E. General Requirements. The requirements set forth in this Section shall be applicable to all towers, antennas and other telecommunication facilities installed, built, or modified after the effective date of this Section to the full extent permitted by law. 1. Approval authority over the placement of telecommunications facilities is governed by Exhibit 35-28 and this Section. For the purposes of this Section, the approval authority shall be: a. The Board of Adjustment for facilities requiring a conditional use permit, b. The City Council with review by the Planning and Zoning Commission for facilities located in a PUD zoning district. c. The Director of Planning and Protective Services for permitted uses. 2. Principal Use. Telecommunication facilities, antennas, and towers may be a permitted use or conditional use as outlined in Exhibit 35-28 and this Section. 3. Accessory Use. Telecommunication facilities, antennas and towers may be an accessory use to existing multiple -family, institutional, commercial, or industrial uses. 4. Building Codes, Safety Standards and Zoning Compliance. To ensure the structural integrity of antenna towers, the owner shall see that it is constructed and maintained in compliance with all standards contained in applicable state and local building codes and the applicable standards published by the Electronics Industries Association, as amended from time to time. In addition to any other approvals required by this Section, no antenna or tower shall be erected or expanded prior to receipt of a certificate of zoning authorization and the issuance of a building permit. 5. Regulatory Compliance. All antennas and towers shall meet or exceed current standards and regulations of the FAA, FCC and any other state or federal agency with the authority to regulate communications antennas and towers. Should such standards or regulations be amended, then the owner shall bring such devices and structure into compliance with the revised standards or 3 Deleted text shown thus, inserted text shown as thus. regulations within the time period mandated by the controlling agency. No approval for any placement, construction or modification of any antenna or structure permitted by this Section shall be granted for any applicant having an uncured violation of this Section or any other governmental regulatory requirement related to such antenna or structures within the City. 6. Excess Capacity and Planned Future Use. Any applicant for a building permit to install, build or modify any tower shall furnish the Director a statement of the excess capacity of the tower and plans, if any, for anticipated growth. In addition, the applicant must design the tower and indicate on the application that the tower will accommodate at least one additional antenna similar to the principal antenga. F. Co -location. 1. Co -location of Facilities on New Towers. New towers constructed within the City shall be capable of accommodating at least one additional carrier or telecommunications facility for one other provider of communications services (hereinafter referred to as "additional capacity"). A report describing the tower's ability to support additional capacity shall be submitted with the application. Technical limitations regarding disguised support structures shall include limitations as are necessary to maintain the requirements of a disguised support structure. The willful knowing failure of the owner of a tower built for shared use to negotiate in good faith with potential wireless service provider users shall be unlawful and shall be a violation of this Section and, among other remedies of the City, shall be cause for the withholding of future permits to the same owner or applicant to install, build or modify wireless communications facilities within the City. The approval authority may waive this requirement for disguised support structures if the applicant submits a written request demonstrating that compliance cannot be achieved without violating one or more of the definitional requirements of a disguised support structure. 2. Co -location on Existing Towers. Owners of existing towers shall make such support structures available for use by other wireless service providers subject to reasonable technical limitations and reasonable financial terms. Technical limitations regarding disguised support structures shall include limitations as are necessary to maintain the requirements of a disguised support structure. The willful and knowing failure of a structure owner to agree to shared use or to negotiate in good faith with potential users shall be unlawful and shall, among other remedies of the City, be cause for the withholding of future permits to the same owner to install, build, or modify telecommunication facilities within the City. 3. Shared Use Violations. Any party believing that the applicant has breached its duty to negotiate in good faith for shared use shall immediately notify the applicant and the Director in writing. The Director may reject the application upon a finding that shared use has been improperly denied. A notice of breach of duty shall explain the precise basis for the claim and shall be accompanied by payment of the Telecommunication Facility Permit Review Fee, as outlined in Appendix Y, to the City to be used to offset the cost of review. After the applicant's receipt of the notice, the applicant shall have ten (10) calendar days to provide a written submission to the Director responding to the alleged violation of the shared use requirement. If deemed necessary by the Director, he/she may engage, at the cost of the party alleging the violation, a neutral, qualified technical consultant to provide an opinion on feasibility or costs of the shared use request. If the Director receives a notice alleging a violation of the shared use requirement, the time for a decision on an administrative permit is automatically extended for up to thirty (30) days or until the Director has determined that the applicant has complied. Nothing herein shall be deemed to create a cause of action for relief against the City or entitlement to any relief, process or enforcement other than review by the City as provided herein. An application for a new telecommunication tower shall not be deemed complete for acceptance until all information necessary for a decision on compliance has been provided by the applicant. 4 Deleted text shown thus, inserted text shown as thus. G. Tower Inventories. Prior to the issuance of any permit to install, build or modify any support structure, such applicant shall furnish the Director an inventory of all support structures owned or controlled by the applicant and by proposed antenna user (if the proposed antenna user is different from the applicant), and all towers owned by any person located within one and one-half miles of the proposed structure. The inventory shall include the structure or antenna reference name or number, the street location, latitude and longitude, structure type, height, type and mounting height of existing antennas, assessment of available space for mounting of additional antennas and an assessment of available ground space for the placement of additional equipment shelters. H. Notice of Tower Applications. Prior to any application for the construction of a new telecommunication tower, a copy of the application or a summary containing the height, design, location and type and frequency of antennas shall be delivered by certified mail to all known potential tower users within the City, including but not limited to all companies providing wireless internet and commercial mobile radio services in the City, and such other potential users, if any, identified on a schedule maintained by the Director. Proof of such delivery shall be documented by the applicant with the application to the City. The Director may establish a form required to be used for such notifications and establish other procedures consistent with and as may facilitate compliance with this Section. Any party seeking shared use of a telecommunication tower subject to this provision shall, after responding to notice of an application, negotiate with the applicant for such use. The applicant may on a legitimate and reasonable business basis choose between multiple requests for shared use on the same tower, and may reject any request where legitimate technical obstacles cannot be reasonably overcome or where the party requesting shared use will not agree to reasonable financial terms. The Director shall, before deciding on the application or forwarding it to the Approval Authority for review, allow all persons receiving notice at least fifteen (15) calendar days to respond to the City and the applicant and request that the party receiving notice be permitted to share the proposed tower or locate within one (1) mile of such area. The failure of the receiving party to use this process or respond to any such notice shall be considered cause for denying requests by such party for new telecommunication towers. Exception from Maximum Height and Bufferyards. 1. Where, as determined by the director, additional co -location opportunities on an existing tower constructed prior to September 8, 1997, are not practical without an increase in the height of the tower, a permittee of an existing tower may modify the height of its tower to accommodate co - location of additional telecommunications facilities as long as the total height of the tower and telecommunications facilities attached thereto does not exceed 10 percent of the height of the existing tower or 20 feet, whichever is greater. 2. Permission to exceed the maximum permitted height pursuant to this subsection shall not require an additional distance separation as set forth in Exhibit 35-42.A and Exhibit 35-42.B, nor additional bufferyards or landscaping above that required for the original tower. The tower's premodification height shall be used to calculate such distance separations. J. Same Tower Type. A tower which is modified to accommodate the co -location of additional telecommunications facilities shall be of the same tower type as the existing tower. However, a different type of tower may be permitted by the approval authority pursuant to Section 35-72G. K. Movement of Tower. 1. A tower which is being replaced to accommodate the co -location of additional telecommunications facilities may be moved on the same premises as it was constructed on, or to an adjacent premises, within 50 feet of its existing location as long as required setbacks and bufferyards are maintained. 2. A tower that is relocated pursuant to this subsection shall continue to be measured from the original tower site for the purpose of calculating the separation distances between towers pursuant to Exhibit 35-42.B. 5 Deleted text shown thus, inserted text shown as thus. 3. Prior to the relocation of a tower within a residential area, notice shall be given to adjacent property owners within 185 feet of the proposed tower site. L. Location on Government Property. New telecommunication towers shall be located on land owned by an agency of the federal or state government or a political subdivision of the state, where available. Availability of suitable locations on government property shall be determined by the City Administrator. Appeals on the suitability of a location on government property shall be heard by the Board of Adjustment. M. Telecommunication Facilities as Permitted or Accessory Use. 1. Permitted Use. The placement of telecommunications facilities is a permitted use in several districts as set forth in Exhibit 35-28 and this subsection. Permits for permitted facilities are approved by the Director in conformance with Section 35-72.G. a. The attachment of additional or replacement antennas or equipment to any existing telecommunication facility provided that: (1) Additional equipment is located within the existing shelter or cabinet or a new shelter or cabinet contained within the fenced telecommunication facility area (ii) Any expansion of a fenced area of the tower site to accommodate additional ground equipment shall include the upgrade of the fencing to the design standards contained in Section 35-42.Q and other applicable requirements of this Section including the replacement of chain link fencing with solid screening fencing. (ii) No increase in height occurs, except as permitted by this section. (iii) All requirements of this Section, the Zoning Code, and other chapters of the City Code are met. b. The one-time replacement of any tower existing on September 8, 1997, or subsequently approved in accordance with the telecommunications towers regulations, so long as the purpose of the replacement is to accommodate shared use of the site or to eliminate a safety hazard and the new structure otherwise complies with Section 35-42. The new tower shall be of the same type as the original except that a guyed or self-supporting (lattice) tower shall be replaced with a monopole. The height of the new tower may exceed that of the original by not more than 20 feet. Subsequent replacements shall adhere to the requirements for new towers. c. The mounting of antennas, including small wireless facilities, on any existing and conforming commercial, industrial, or institutional building or structure other than a support structure (such as a water tower), provided that the presence of the antennas and equipment is in conformance with Section 35-42.M.2 relating to accessory user and Section 35-42.Q relating to design and construction standards, and Section 35-42.P.1 relating to location within historic districts. d. The mounting of camouflaged antennas on or within any existing high-voltage electric transmission tower or functioning utility poles. Equipment shall not exceed the height of such tower by more than ten feet (10') and all requirements of this Section, the Zoning Code, and other chapters of the City Code shall be met, except that setbacks provided in this Section shall not apply. Any related equipment for antennas permitted by this subsection located within the right-of-way shall be subject to the applicable permitting process. Facilities located within historic districts shall comply with Section 35-42.P.1. e. The installation of antennas or the construction of a telecommunication tower on buildings or land owned by the City following the approval of a lease agreement by the 6 Deleted text shown thus, inserted text shown as thus. Governing Body and subject to such specifications, conditions and requirements as set forth in the lease. f. Temporary Towers erected and maintained for a period not to exceed 60 days for the purpose of replacing an existing tower, testing an existing or proposed network, or providing temporary service. The approval for such a tower shall be limited to the amount of time necessary for its purpose and approval may be further conditioned for public safety and other purposes of this Section. g. Placement of Small Wireless Facilities inside the right-of-way as follows: (1) Placement of Small Wireless Facilities on an existing utility pole where such equipment does not exceed the greater of the height of the existing pole plus ten feet (10') or a total height of fifty (50) feet, is a permitted use in all districts except the National Register Historic Overlay District where such use is subject to Section 35-42.P.1. Equipment exceeding said height allowances shall be considered a new pole. (2) Placement of Small Wireless Facilities on a new pole, said pole not exceeding the greater of ten feet in height above the tallest existing utility pole in place as of January 1,__2_019 located within five hundred (500) feet of the new pole and within the same right-of-way or fifty (50) feet above ground level, is a permitted use in all districts except the Single Family Residential Districts (RS -1, RS -2, RS -3, RS -4, and N -O) and the National Register Historic Overlay District. (3) Facilities located on a new pole within the Single Family Residential Districts, the National Register Historic Overlay District, or exceeding the height allowances outlined herein shall comply with Section 35-42.P. (4) Small Wireless Facilities shall comply with design, construction, and location standards of 35-42.S. 2. Accessory Use. Any telecommunications facilities which is not attached to a tower and not permitted by Section 35-42.M.1 is deemed an accessory use and shall be permitted on any commercial, industrial, institutional or multi -family structure and on land owned by the City, provided that the person making such accessory use registers the telecommunication facility and obtains a telecommunication facility permit and building permit. Such accessory uses shall meet the following standards: a. The total height of the antenna support structure and telecommunications facilities shall not exceed the structural height limitations in the applicable zoning district listed in Exhibit 35-51.A by more than 20 feet and shall not extend above the top of the building by more than 20 feet; b. The antenna support structure and telecommunications facilities shall comply with the City's adopted building code and any applicable state law, shall not encroach on the public rights-of-way, and a building permit shall be obtained from the Building Regulations Division; c. Any telecommunications facilities and antennas located on the roof or sides of a building shall comply with setbacks required by the City's adopted building code, if any, and shall not extend more than 50 inches in the horizontal plane from the side of such structure unless the purpose of said protrusion is to permit signal coverage in an area that will not receive such coverage but for an extension beyond 50 inches. Any extension beyond 50 inches must be approved by the Director prior to construction of said antenna and such approval shall be dependent upon a showing that coverage is unavailable but for the extension, that the extension does not violate any other building 7 Deleted text shown thus, inserted text shown as thus. code of the city, state or federal law that is applicable, encroach upon public rights -of - ways, and the extension does not pose any danger to the traveling public; d. The telecommunications facility will be side -mounted to an antenna support structure so as to exhibit a minimal profile or will utilize camouflaging techniques in order that the telecommunications facility will harmonize with the character and environment of the area in which it is located. Antennas and support structures shall be painted to blend with the color of the building if such painting will not interfere with functioning of the antenna or support structure. Antennas and support structures shall meet the Design and Construction Standards of Section 35-42.Q; and, e. All requirements of Section 35-42, the Zoning Code, and the City Code shall be met. f. Facilities located within a National Register Historic Overlay District shall obtain a Special Exception Permit in accordance with Section 35-42.P.1. N. Telecommunication Facilities as a Conditional Use 1. The placement of telecommunication facilities is a conditional use in several districts as set forth in Exhibit 35-28 and this Section. All proposals to install, build or modify an antenna or support structure as a conditional use shall require the approval of a Conditional Use Permit following a duly advertised public hearing by the Board of Adjustment, subject to the following. a. Applications. Applications for conditional use permits shall be filed and processed subject to and in the manner and timeframe as established in Section 35-73A of the Zoning Code and, in addition to such other requirements, shall be accompanied by the applicable fee for a conditional use permit application and a deposit of funds, as outlined in Appendix Y, for reimbursement of professional service and staff review costs, or such other deposit amount as may be established by the approval authority reasonably necessary to reimburse the City for such anticipated costs and fees for legal, engineering, contractual or other consultant services determined by the City to be needed in review or action on the application. Any amount not used by the City shall be refunded to the applicant upon written request after a final decision. b. Additional minimum requirements. No conditional use permit shall be issued unless the applicant has clearly demonstrated by substantial evidence that placement of a telecommunication facility as a permitted or accessory use pursuant to Exhibit 35-28 or Section 35-42.M is not technologically or economically feasible. The City may consider current industry standards and practices, among other information, in determining feasibility. c. Decision. A decision by the approval authority shall be accompanied by substantial evidence supporting the decision, which shall be made a part of the written record of the meeting at which a final decision on the application is rendered. Evidence may be submitted with the application or thereafter, or presented during the public hearing by the applicant or others. d. Findings Required. In addition to the determinations or limitations specified herein and by Section 35-73A for the consideration of conditional use permits, no conditional use permit shall be approved by the governing body unless findings in the affirmative are made that the following conditions exist: (1) No existing towers, structures or buildings within the necessary geographic area for the applicant's tower meet the applicant's necessary engineering requirements considering: (a) height; (b) structural strength; (c) resulting signal interference; (d) feasibility of retrofitting; (e) feasibility of redesigning the applicant's tower network; or (f) other limiting conditions that render existing 8 Deleted text shown thus, inserted text shown as thus. towers, structures or buildings within the applicant's required geographic area unsuitable. (2) That the design of the tower or structure, including the antenna, shelter and ground layout maximally reduces visual degradation and otherwise complies with the provisions and intent of this Section. New towers shall be of a monopole design, unless it is shown that an alternative design would equally or better satisfy this provision. That the proposal minimizes the number and/or height, size, and visibility of towers or structures that will be required in the area. Where alternate technology or design exists or is reasonably available that would satisfy the general need for the proposal, this factor is ordinarily not satisfied. (4) That the applicant has not previously failed to take advantage of reasonably available co -location opportunities or procedures provided by this Section or otherwise. (5) That no land owned by any agency of the federal or state government, or by any political subdivision of the state, is available for locating the structure or tower. (3) e. If any one of the findings is not satisfied, approval may be granted only on a finding of unique circumstances otherwise necessitating approval to satisfy the purposes of this Section. f. Additional Limitations. (1) No tower shall be approved at a height exceeding 150 feet AGL unless the applicant clearly demonstrates that such height is required for the proper function of the applicant's system. Such showing must also be supported by the opinion of a telecommunications consultant hired by the City at the expense of the applicant. The opinion of the consultant shall include a statement that no available alternatives exist to exceeding the height limit including but not limited to the use of two or more telecommunication towers, and the reason why such alternatives are not viable. (2) A conditional use permit shall not be issued for any telecommunication facility that the Board of Adjustment determines would create a significant negative visual impact or otherwise have a significant negative impact on the historical character and quality of any property within a Historic Preservation District or such District as a whole. (3) A decision by the Board of Adjustment shall be accompanied by substantial evidence supporting the decision which shall be made a part of the written record of the meeting at which a final decision on the application is rendered. Evidence shall be under oath and may be submitted with the application or thereafter or presented during the public hearing by the applicant or others. 0. Telecommunication Facilities within a PUD District. 1. Applications for telecommunication facilities located on property zoned PUD Planned Unit Development shall be processed in accordance with Section 35-74.0 with review by the Planning and Zoning Commission and City Council (rather than the Board of Adjustment). 2. Findings Required. When considering applications for telecommunication facilities greater than 70 feet in height in PUD Districts, the Planning and Zoning Commission and City Council shall base their decisions upon, and shall make findings as to, the existence of the required fmdings and conditions contained within Section 35-42.N and Section 35-73.A. 9 Deleted text shown thus, inserted text shown as thus. 3. Towers located in districts zoned PUD shall adhere to the standards and requirements of Section 35-42. Variations from the standards and requirements may be approved by the City Council upon finding that such variations would: a. Not eliminate an adequate supply of light or air to adjacent property, substantially increase congestion in the public street, increase the danger of fire, or endanger the safety of the public; b. Not be unduly injurious to the use and enjoyment of adjacent property nor substantially diminish property values in the neighborhood; and c. Be in keeping with the general spirit and intent of this chapter. P. Telecommunication Facilities located within a National Register Historic Overlay District and Small Wireless Facilities located within a Single Family Residential District. 1. Telecommunication Facilities located within a National Register Historic Overlay District shall be a Special Exception use and subject to the requirements of Section 35-73.D. In addition to the review criteria contained in Section 35-73.D.4, the following additional criteria shall be considered: a. Telecommunication Facilities shall be found to be an visually compatible design for the historic district in which it is placed. b. The Telecommunication Facilities shall be designed so as not to overly detract from the historic character of the district. 2. Small Wireless Facilities located within a Single Family Residential District shall be a Special Exception Use and subject to the requirements of Section 35-73.D. In addition to the review criteria contained in Section 35-73.D.4, the following additional criteria shall be considered: a. The Small Wireless Facility shall be designed so as not to overly detract from the residential character of the district. 3. The City Council may impose reasonable conditions on Telecommunication Facilities approved as Special Exceptions use into order to ensure compliance with the criteria set forth in this Section 35-42.P or Section 35-73.D.4. Q P. Coverage Studies and Professional Services 1. RF Engineer Certification Required; Additional Studies. The City may require, at the expense of the applicant, any additional studies or the hiring of an external consultant, including technical and legal services, to review exhibits and/or other requirements in accordance with this Section. Applications for a new telecommunication tower shall be considered only after a report by a Radio Frequency Engineer stating that the planned telecommunication equipment cannot be accommodated on an existing or already approved tower that is capable of shared use and providing facts, including the alternatives considered and precise cost estimates where cost is a basis for the determination, clearly demonstrating one or more of the following conditions: a. Planned telecommunications equipment would exceed the structural capacity of an existing or approved tower, and the tower cannot be reinforced to accommodate planned telecommunication equipment at a reasonable cost; b. Planned telecommunications equipment will cause radio frequency interference with other existing or planned telecommunications equipment for that telecommunication tower and the interference cannot be prevented at a reasonable cost; c. Existing or approved telecommunication towers do not have space on which the planned telecommunications equipment can be placed so it can function effectively and 10 Deleted text shown thus, inserted text shown as thus. at least in parity with other similar telecommunications equipment in place or approved by the City or other area jurisdictions; or d. Other reasons that make it impractical and not feasible to place the telecommunications equipment planned by the applicant on an existing or approved telecommunication tower. 2. When requesting a variation from the standards of Section 35-42 or when requesting a permit for a location off of government property, the applicant shall provide additional information at the request of City Staff in order to support the application. This information may include, but is not limited to, the results of any drive test data and/or other computerized signal area coverage studies conducted by the applicant within the City, including a non-technical description of the results of the studies and implications for the siting of the proposed wireless telecommunication facility. 3. The Board of Adjustment, Planning and Zoning Commission, or City Council may hire, at the expense of the applicant, any consultant and/or expert necessary to assist in reviewing and evaluating any applications for telecommunication facilities. R Q. Design and Construction Standards. 1. Design. a. Designs allowed: (1) Monopole design. New telecommunication towers shall be of a monopole design. Lattice, guyed towers or other non -monopole tower designs shall not be permitted. (2) Disguised support structures. Structures meeting the definition of a disguised support structure contained in Section 35-92 may be approved or required by the Approval Authority in order to satisfy applicable findings. Antennas attached to a disguised support structure shall be contained within the disguised support structure or mounted flush on the surface of the tower to which they are mounted. Building mounted. Antennas attached to an existing building or structure shall be of a color identical to the surface to which they are mounted. Antennas extending above the roof of a building shall be side mounted to a support column so as to exhibit a minimal profile. b. Color. Subject to the requirements of the FAA or any applicable State or Federal agency, Towers and attachments shall be painted a neutral color consistent with the natural or built environment of the site or an alternative painting scheme approved by the Approval Authority, consistent with the requirements of this Section. Unpainted galvanized steel support structures are not permitted. c. Ground Equipment. Equipment shelters or cabinets shall have an exterior fmish compatible with the natural or built environment of the site and shall also comply with any design guidelines as may be applicable to the particular zoning district in which the facility is located. All equipment shall be placed underground, contained in a shelter or cabinet, or wholly concealed within a building or approved walled compound. d. Towers shall not exceed the height limitation of the Airport Overlay District adopted by the City. e. All permittees shall make every reasonable effort to design and construct new towers and telecommunications facilities to blend into the character and environment of the area in which they are located, unless such use shall create a hazard for the traveling (3) 11 Deleted text shown thus, inserted text shown as thus. public or it is not technically feasible to use such design and co -locate other facilities on the tower. f. Advertising. The placement of advertising on structures regulated by this Section is prohibited. Vehicle or outdoor storage on any tower site is prohibited, unless otherwise permitted by the zoning. h. Disguised Support Structure Standards. Disguised support structures shall meet the following criteria: (1) The structure is consistent with and contributes to and does not detract from the character and property values and use of the area and neighborhood in which it is located. (2) The structure does not contain distorted proportions, size, or other features not typically found on the type of structure or feature to which it is designed to replicate. (3) The structure cannot be identified as an antenna support structure by persons with reasonable sensibilities and knowledge. (4) The structure's equipment, accessory buildings, or other aspects or attachments relating to the structure are wholly concealed using a manner consistent with and typically associated with the architectural or natural structure or feature being replicated. The structure is of a height, design and type that would ordinarily occur at the location and neighborhood selected. 2. Structural Requirements. All towers must be designed and certified by an engineer to be structurally sound and, at minimum, in conformance with the City's building code, any applicable state laws and other standards outlined in this Section. A building permit shall be obtained before construction may begin. 3. Setbacks and Separation Requirements a. All towers shall be set back a distance equal to 50 percent of the height of the tower up to 100 feet, plus one foot for each foot over 100 feet in height. b. Setback requirements for towers shall be measured from the center of the tower to the property line of the parcel on which it is located. c. In addition to required setbacks outlined in this section, towers shall be separated from the types of areas designated in Exhibit 35-42.A. d. Measurement of tower separation distances for the purpose of compliance with this Section shall be measured from the center of a tower to the closest property line of a designated area as specified in the exhibit. Separation distances for towers located on the same property as a designated area shall be measured from the center of the tower to the closest structure of the designated area. g. (5) 12 Deleted text shown thus, inserted text shown as thus. Exhibit 35-42.A Separation Requirements Designated Area Separation Distance Single-family or duplex residential land or single- family or duplex units in a residential district' 300 feet. If the tower is of a disguised support structure design, then the separation distance may be reduced to 100 percent of the height of the tower. Vacant single-family or duplex residentially zoned land which is either platted or has preliminary subdivision plat approval which is not expired 300 feet. If the tower is of a disguised support structure design, then the separation distance may be reduced to 100 percent of the height of the tower. Vacant un -platted residentially zoned land and residential units in non-residential zoned districts' 200 feet or 100 percent of the height of the tower, whichever is greater. If the tower is of a disguised support structure design, then the separation distance may be reduced to 100 percent of the height of the tower. Existing multi -family residential land or units greater than duplex units 100 feet or 100 percent of the height of the tower, whichever is greater. If the tower is of a disguised support structure design, then the separation distance may be reduced to 100 percent of the height of the tower. Non -residentially zoned lands or non-residential uses None; only setbacks apply. Approved heliports 100 feet or 100 percent of the height of the tower, whichever is greater. 1 Includes modular homes and mobile homes used for living purposes. e. Separation distances set forth in this subsection may be varied by the Board of Adjustment or City Council (as the applicable approval authority) upon finding that: (1) The location, shape, appearance, or nature of the use of the proposed tower will not substantially detract from the aesthetics of the area nor change the character of the neighborhood in which the tower is proposed to be located, and that landscaping techniques will be used to screen the tower from any adjacent residential use; and, (2) The proposed tower will accommodate at least one additional carrier of various telecommunications services; and, The proposed tower and use will not create a blight on adjacent property, or interfere with adjacent uses within the separation area; and (4) An exception is necessary for the engineering design of the system of the tower or that no other option is available to provide coverage for the service area. f. Proposed towers must meet the following minimum separation requirements (see Exhibit 35-42.B) from towers existing at the time a permit is granted unless constructed for the purpose of providing co -location capacity on the same site as another tower designed for the same purpose. (3) 13 Deleted text shown thus, inserted text shown as thus. Exhibit 35-42.B Existing Towers -Types and Minimum Seaaration Requirements PROPOSED TOWERS - TYPES Lattice or Guyed 150 ft. in Height or Greater Lattice or Guyed less than 150 ft. in Height Monopole Towers 75 ft. in Height or Greater Monopole Towers Less Than 75 ft. in Height Lattice or Guyed 3,000 ft. 2,500 ft. 1,500 ft. 750 ft. Monopole 75 ft. in Height or Greater 1,500 ft. 1,500 ft. 1,500 ft. 750 ft. Monopole Less Than 75 ft. in Height 750 ft. 750 ft. 750 ft. 750 ft. For the purpose of this subsection, the separation distances shall be measured by drawing or following a straight line between the center of the existing tower and the center, pursuant to a site plan, of the proposed tower. 5. Method of Determining Tower Height. The height of the tower shall be measured as follows: the vertical distance between the highest point of the tower and the natural grade below this point. 6. Illumination. Towers shall not be lighted unless required by the FAA or other State or Federal agency with authority to regulate, in which case a description of the required lighting scheme shall be made a part of the application to install, build or modify the tower. Lighting may also be approved as a consistent component of a disguised support structure. Equipment cabinets and shelters may have lighting only as approved by the Approval Authority on the approved site plan. At the time of construction of a tower, dual mode lighting shall be requested from the FAA in cases where there are residential uses located within a distance which is 300 percent of the height of the tower from the tower. 7. Fencing and Screening. All towers shall be: a. Surrounded by a minimum of six foot high solid screening wood or maintenance free vinyl fence or decorative wall constructed of brick, stone or masonry materials. b. In lieu of the required fence, an alternative means of screening may be approved by the Approval Authority upon demonstration by the applicant that an equivalent degree of visual screening will be achieved. Landscaping or other improvements may be required for disguised support structures if needed to implement an approved disguise. 8. Bufferyard and Landscape. In addition to the Fencing and Screening requirements, parcels containing towers, antenna towers or telecommunications facilities shall be in conformance with the applicable bufferyard requirements in the zoning district where the tower, antenna tower or telecommunications facilities are located. Existing vegetation shall be maintained to the extent possible. The Approval Authority may require additional landscaping if to do so would make the tower, antenna tower or telecommunications facility more reasonably compatible with the surrounding area. All vegetation used in the landscaping shall be located outside any fenced area. 9. Security. All towers must be secured to protect against trespass or unauthorized use of the property, tower or telecommunications facilities. 14 Deleted text shown thus, inserted text shown as thus. 10. Access. All parcels upon which towers are located must provide access to at least two vehicular parking spaces located within 100 feet of the tower. Traffic associated with the facility shall not adversely affect traffic on adjacent streets. 11. Drainage. All parcels upon which towers are located must contain adequate drainage facilities, which are approved by the Director. S. Design, Construction, and Location Standards for Small Wireless Facilities in the Right of Way. 1. Small Wireless Facilities and Utility Poles shall be installed and maintained so as not to: a. Materially interfere with the safe operation of traffic control equipment or City - owned communications equipment. b. Materially interfere with sight lines or clear zones for transportation, pedestrians, or non -motorized vehicles. c. Materially interfere with compliance with the Americans with Disabilities Act, or similar federal or state standards regarding pedestrian access or movement. d. Materially obstruct or hinder the usual travel or public safety on the right-of-way. e. Materially obstruct the legal use of the right-of-way by the City, utilities, authorized right-of-way users, or other third party. f. Fail to comply with Applicable codes or nationally recognized engineering standards for utility poles or wireless support structures. g. Fail to comply with reasonably objective and documented aesthetics of a decorative pole and the applicant does not agree to pay to match the applicable decorative elements h. Fail to comply with comply with reasonable and nondiscriminatory undergrounding requirements contained in City ordinances as of January 1, 2018, or subsequently enacted for new developments, that require all utility facilities in the area to be placed underground and prohibit the installation of new or the modification of existing utility poles in a right-of-way without prior approval, provided that such requirements include a waiver or other process of addressing requests to install such utility poles consistent with applicable law or the provision of wireless services. 2. Small Wireless Facilities and supporting poles must be designed and certified by an engineer to be structurally sound. 3. The City may require, upon adequate notice and at the facility owner's expense, relocation of facilities as may be necessary in the interest of public safety and convenience. Whenever, by reason of changes in the grade or widening of a street or in the location of a utility line, drainage channel, or other city owned structure or facility, it is deemed necessary by the City to move, alter, change, adapt, or conform the facilities of a wireless provider, the wireless provider shall make the alterations or changes, on alternative right- of-way provided by the city if available, as soon as practicable after being so ordered in writing by the City without claim for reimbursement or damages against the City. 4. Design and Aesthetics. a. Where replacement of an existing decorative utility pole is necessary for location or collocation of a small wireless facility, the replacement pole shall be of reasonably similar design as the original. 5. Placement of Small Wireless Facilities within right-of-way shall require receipt of a Small Wireless Facility Right-of-way permit as outlined in Section 35-72.H. Placement of Small 15 Deleted text shown thus, inserted text shown as thus. Wireless Facilities on public or private property outside of the right-of-way shall require receipt of a Telecommunication Facility Permit as outlined in Section 35-72.G. Routine maintenance or replacement of previously permitted small wireless facilities that are the same or smaller in size, weight, and height, and otherwise comply with all requirements of this section and any applicable zoning requirements, shall not require a permit. T R. Maintenance. 1. Permittees shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries or nuisances to the public. 2. Permittees shall install and maintain towers, telecommunications facilities, wire, cables, fixtures and other equipment in compliance with the requirements of the National Electric Safety Code and all FCC, state and local regulations, and in such manner that will not interfere with the use of other property. 3. All towers, telecommunications facilities and antenna towers shall at all times be kept and maintained in good condition, order and repair so that the same shall not menace or endanger the life or property of any person. U S. Abandonment of Tower. 1. In the event the use of any tower has been discontinued for a period of two years, such tower shall be deemed abandoned. 2. The Director shall provide the tower owner three months notice and an opportunity to appeal the decision to the Board of Adjustment in accordance with Section 35-70.J before declaring the tower abandoned and ordering the removal or demolition of the tower. In the event the tower owner provides evidence of intended use of the tower, an extension of no more than one year may be granted by the Director. 3. After a public hearing is held pursuant to Section 35-70.J, the Board of Adjustment may order the removal or demolition of the tower. V T. Commercial Operation of Unlawful Tower or Antenna. Notwithstanding any right that may exist for a governmental entity to operate or construct a tower or structure, it shall be unlawful for any person to erect or operate for any private commercial purpose any new antenna, tower or disguised support structure in violation of any provision of this Section, regardless of whether such antenna or structure is located on land owned by a governmental entity. W U. Penalty. Except as may otherwise be provided by law, any person violating this Section shall be subject to a fine of not more than five hundred dollars ($500) or 90 days in jail or both. Each day the violation continues shall constitute a separate offense. X. Preemption. Notwithstanding any ordinance to the contrary, the procedures set forth in this section, accompanying permitting requirements in Section 35-72, or elsewhere in this Chapter, shall be applicable to all telecommunication facilities existing or installed, built, or modified after the effective date of their passage to the fullest extent permitted by law, provided that no provision of these sections shall apply to any circumstance in which such application shall be unlawful under superseding federal or state law and furthermore, if any section, subsection, sentence, clauses phrase, or portion of this section is now or in the future superseded or preempted by state or federal law or found by a court of competent jurisdiction to be unauthorized, such provision shall be automatically interpreted and applied as required by law. Section 2. Chapter 35 (Zoning Code), Section 35-72 Staff approval — development permits, is amended as follows: 16 Deleted text shown thus, inserted text shown as thus. G. Telecommunications Facility Permit. 1. Purpose. The purpose of a telecommunication facility permit is to ensure that the antennas and antenna tower are installed safely, do not pose potential burdens on the public, and comply with the standards of Article IV, Section 35-42. 2. Applicability. The placement of telecommunications facilities is a permitted use or a permitted accessory use in several districts as set forth in Exhibit 35-28 and Section 35-42. Applications for permitted uses shall adhere to the application and review procedures of this Section. 3. Application and Review Procedures. a. Applications for a telecommunications facility permit shall be made on the appropriate forms to the Director and accompanied by a payment of the telecommunication facility permit review fee as outlined in Appendix Y. Deposit of funds for reimbursement of professional services, as outlined in Appendix Y, shall be submitted with telecommunication facility permit applications for new towers or if requested by city staff for other telecommunication facility permit applications. In addition to the above, upon request by the Director, an applicant shall deposit with the City such additional amounts reasonably necessary to reimburse the City for such anticipated costs and fees for legal, engineering or other contractual or other consultant services determined by the City to be needed in review or action on the application. No application for an administrative permit under this section shall be deemed complete until the applicant has paid all fees and deposits required under this Section. Any amount not used by the City shall be refunded to the Applicant upon written request after a final decision. b. The applicant shall submit, along with its completed application form, a detailed site plan, based on a closed boundary survey of the host parcel, indicating all existing and proposed improvements including buildings, drives, walkways, parking areas and other structures, public rights-of-way, the zoning categories of the subject and adjoining properties, the location of and distance to off-site residential structures, required setbacks, required buffer and landscaped areas, hydrologic features, and the coordinates and height AGL of the existing or proposed telecommunication facility. c. The application shall be reviewed by the Director to determine compliance with the above standards and transmit the application for review and comment by other departments and public agencies as may be affected by the proposed facility. In the event of an incomplete application, the Director shall notify the applicant that their application is incomplete within 30 days, or 15 days for applications for Small Wireless Facilities. d. The Director shall issue a decision on the permit within 90 days of the date of application for applications requesting co -locations, 45 days for applications requesting co -location of Small Wireless Facilities, 60 days for applications for Small Wireless Facilities that include a new, modified, or replacement Utility Pole, or 150 days for all other applications or the application shall be deemed approved unless the time period for review and action is extended in writing by the Director or Approval Authority for reasonable cause. The Director may deny the application or approve the application as submitted or with such modifications as are, in his/her judgment, reasonably necessary to protect the safety or general welfare of the citizens consistent with and to effectuate the purposes of this Chapter. The Director may consider the purposes of Section 35-42 and the factors established therein for granting a telecommunication facility permit, as well as any other considerations consistent with Section 35-42. A decision to deny an application shall be made in writing and state the specific reasons for the denial. 17 Deleted text shown thus, inserted text shown as thus. 4. Appeals. Unless otherwise required by law, appeals from the decision of the Director shall be made first to the Board of Adjustment in accordance with Section 35-73.0 regarding appeals from administrative decisions. ' 5. Validity. The telecommunications tower permit shall be valid as long as the facility is in use and is in compliance with all applicable city and federal regulations. H. Small Wireless Facility Right-of-way permit. 1. Purpose. The purpose of a Small Wireless Facility Right-of-way permit is to ensure that the small wireless facilities and associated towers are installed safely, do not pose potential burdens on the public, and comply with the standards of Article IV, Section 35-42. 2. Applicability. The placement of Small Wireless Facilities is a permitted use, a permitted accessory use, or a Special Exception Use in several districts as set forth in Section 35-42. Applications for permitted uses and applications for uses permitted by Special Exception Permit shall adhere to the application and review procedures of this Section. 3. Application and Review Procedures. a. Applications for a Small Wireless Facility Right-of-way permit shall be made on the appropriate forms to the Director and accompanied by a payment of the Small Wireless Facility Right-of-way permit review fee as outlined in Appendix Y. b. Applicants may file a consolidated application and receive a single permit for up to twenty separate small wireless facilities provided that they are for the same or materially same design and geographically proximate. b. The applicant shall submit, along with its completed application form, a detailed site plan and construction drawings, indicating all existing and proposed improvements, property lines, existing utilities, height AGL of the existing and proposed facility. c. The application shall be reviewed by the Director to determine compliance with the above standards and transmit the application for review and comment by other departments and public agencies as may be affected by the proposed facility. In the event of an incomplete application, the Director shall notify the applicant that their application is incomplete within 15 days for applications for Small Wireless Facilities. d. The Director shall issue a decision on the permit within 45 days for applications requesting co -location of Small Wireless Facilities or 60 days for applications for Small Wireless Facilities that include a new, modified, or replacement Utility Pole, or the application shall be deemed approved unless the time period for review and action is extended in writing by the Director or Approval Authority for reasonable cause. The Director may deny the application or approve the application as submitted or with such modifications as are, in his/her judgment, reasonably necessary to protect the safety or general welfare of the citizens consistent with and to effectuate the purposes of this Chapter. A decision to deny an application shall be made in writing and state the specific reasons for the denial. Applicants may correct deficiencies in the application and reapply without repayment of application fees. 4. Appeals. Unless otherwise required by law, appeals from the decision of the Director shall be made to the Board of Adjustment in accordance with Section 35-73.0 regarding appeals from administrative decisions. 18 Deleted text shown thus, inserted text shown as thus. (scriveners note: Re -letter existing subsection 14. Change of Use Permit to I. Change of Use Permit) Section 3. Chapter 35, Section 35-92 (Definitions) is amended with insertion of new definitions and edits to existing definitions as follows: Right -of -Way. Property dedicated to the public for use as a public roadway, highway, street, sidewalk, alley, or similar property used for public travel, but not including railroad right-of-way or public or private easement. Small Wireless Facility. A Telecommunication Facility that meets both of the following qualifications: 1. Each provider's antenna could fit within an enclosure of no more than six cubic feet in volume; and 2. Alt other equipment associated with the facility, whether ground or pole mounted, is cumulatively no more than twenty-eight cubic feet in volume, provided that no single piece of equipment on the utility pole shall exceed nine cubic feet in volume; and no single piece of ground mounted equipment shall exceed fifteen cubic feet in volume, exclusive of equipment required by an electric utility or municipal electric utility to power the small wireless facility. Electric meters, concealment elements, demarcation boxes, grounding equipment, power transfer switches, cut-off switches and vertical cable runs and related conduit for connection of power and other services shall not be included in the calculation of equipment volume. Utility Pole. A pole or similar structure that is or may be used in whole or in part by or for wireline communications, electric distribution, lighting, traffic control, signage, or a similar function, or for the location or collocation of small wireless facilities. Section 5. Appendix Y is amended with the insertion of the following fees: Chapter Section Section Title Fee 36 /12and 72 -- advertising -fee $0 $1,500:00 Permit -Application ----••- '-.. -- -. -_ -- - --" z. = • == -- ..-; - - -- - - -- - 35 42 and 72 Telecommunication Facility Fees Conditional Use $400.00 + $100.00 Permit Application advertisin • fee 35 42 and 72 Telecommunication Facility Fees Special $400.00 + $200.00 Exception Permit Application advertisin • fee 35 42 and 72 Telecommunication Facility Permit Review Fee $215.00 35 42 and 72 Small Cellular Right-of-way Permit Review Fee $215.00 35 42 and 72 Telecommunication Facility Fees Deposit for $1,500.00 reimbursement of professional services 19 Deleted text shown thus, inserted text shown as thus. Section 6. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: Approved: Presiding Officer ATTEST: Carrie Tergin, Mayor APPROVED AS TO FORM: City Clerk City Counselor 20 Deleted text shown thus, inserted text shown as thus. Jefferson City Planning & Zoning Commission February 14, 2019 Case No. P19007 Jefferson City Public School District 2500 Block of Mission Drive Preliminary & Final Subdivision Plat Capital City High School Subdivision PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION February 14, 2019 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 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). Description of Proposal This proposal is for the approval of the Preliminary and Final Subdivision Plat of Capital High School Subdivision (consisting of 110.26 acres). The property includes portions of the RU Rural, RS -2 Single Family Residential, C-1 Neighborhood Commercial, and C-2 General Commercial Zoning Districts. 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 High School. Part of the development agreement was that, prior to the occupancy of Capital City High School, subdivision plat approval must be secured. Preliminary and Final Plat The preliminary and fmal Subdivision Plat details the street layout and lot layout of the proposed Capital City High School Subdivision. Acreage: The total size of the subdivision is 110.26 acres. Number of Lots: 2 Lots and a Reserved Tract are shown on the Final Plat. Lot Sizes: Lot # 1 (83.01 acres) is where the high school is currently being built. Lot # 2 (16.86 acres) is for future development. Both lots have frontage along Cavalier Drive. Streets: The Preliminary and Final Plat shows a new street connecting Mission Drive with Creek Trail Drive which is to be named Cavalier Drive. The plat also shows a connection of Caviler Drive to Cathedral Rock Drive. Cathedral Rock Drive is part of a neighboring subdivision that has not yet been constructed. Per the development agreement, when constructing Cavalier Drive a stub will be left for the connection to Cathedral Rock Drive. Cathedral Rock Drive will be constructed at a later date. Sidewalks: Sidewalks will be located on the west side of Cavalier Drive. Part of the Development Agreement states that sidewalks will not be required along the west side of Cavalier Drive except for a connection to the sidewalk from Notting Hill Drive to the sidewalk on Cavalier Drive. The crossing for the sidewalk from the west side of Cavalier Drive to the east side of Cavalier Drive will be located where the Cathedral Rock Drive Stub is located. Utilities: All lots are shown with access to water lines, sanitary sewer lines, electric lines, and telephone lines, and gas. Notable Lots: Reserved Tract A is designated to be an easement to the City of Jefferson for sanitary sewer, storm drainage and sidewalk. Other items typically associated with a preliminary plat, including storm water, sanitary sewer, street layout, sidewalks, and utilities, have been reviewed and approved through the site plan development process. Staff Recommendation The Preliminary and Final Subdivision Plat meets the requirements for subdivision plats as outlined within the Subdivision Code. Staff recommends approval of the plat documents subject to correction of minor technical details identified by city staff. Form of Motion 1. 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. City of Jefferson Planning & Zoning Commission LOCATION MAP BRIARWOOD DR ?A- MELODI BV DHRLE `3740'..-‘SpiO o41 0 cr 0 O~ FROG yHOL - W,RD "///////// _am CC PUD O 0 0 z_ CEDARBRO -o ZLIBERTYLNn o m w < o rn 0 2 j pR o (FORS NNRm RS -4 21 aa 0DR gTRA9. INDEPENDENCE CTS PUD PLYMOUTH ROCK DR arWf 0 -J 4% r r { Sn O COLONIAL HILLS RD YORKTOWN DR kl, yLYMOUTIrR_OCK DR x C" 3 � > 0 365 730 1,460 Feet Case No.P19007 2500 Block of Mission Drive Preliminary and Final Plat Capitol High School City of Jefferson Planning & Zoning Commission VICINITY LE DR U11 CoMI mma N1111111114 Case No.P19007 2500 Block of Mission Drive Capital City High School Preliminary and Final Plat 0 1,100 2,200 4,400 Feet City of Jefferson Department of Planning & Protective Services 320 E. McCarty Street Jefferson City, MO 65101 Phone: 573-634-6410 fcplanninq(Jeffcitvmo.orn www.Jefersoncitymo.gov APPLICATION FOR SUBDIVISION PLAT The undersigned hereby petitions the Planning and Zoning Commission and City Council of the City of Jefferson, Missouri for the following type of subdivision: Preliminary Plat X Final Plat 1. Name of Subdivision: Capital City High School Subdivision 2. General location: Mission Dr. / Creek Trail Dr. / Route 1796 3. Existing/Proposed zoning: RU, RS -2, C-1, C-2 4. Existing/Proposed use of the property: Existing - Vacant; Proposed - High School 5. Size of the property In acres: 110.26 acres 6. Total number of lots proposed: 2 Lots, 1 Res. Tract 7. Description of any variances to the Subdivision Regulations being requested (please note section number of the regulation below and attach a letter stating justification for the variance(s): There are no variances to the Subdivision Regulations 8. Application filing fee: $ $365.00 9. Signatures: Preliminary Plat = $500 + $5 per lot Final Plat = $350 + $5 per lot (Revised July 1, 2018) Property Owner Name (type'or print) Paul Samson , PE Minor Revision = $250 + $5 per lot to Preliminary Plat Property Owner Signatu • Date Engineer Name (type or print) Date Keith M. Brickey, PLS Engineer Signature Surveyor Name (type or print) Surveyor Signature Date Contact person for this application: Name: Paul Samson, PE CMPS Address: 2500 E. MCCarty St. Jefferson City, MO 65101 Phone Number: 573-634-3455 Email: psamson@cmps-inc.com For Staff Use Only: Attachments: Variance request letter Additional documentation Notes: individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required underthe Americans with Disabilities Act. Please allow three business days to process the request. Page 1 of 5 lam ma ST 1/4. NE 1/4 SEC. 15, 2449, 1332'1 C.P.abmePry Mr 4D, Pop 714 70000 W a94d ,3 1 1/2. 111 1/4 SEC. 15, 244N, 19121 �L/--�1-- 103 era la.10.40 44w49b W la S0. 0090 0746 r491 51 CREEK TRA0. oR. wit 011.) 4491► lap 170002 i 7 sa 7wr. Slow a tO 0044 SZ♦ :. -1 1 4148 > ♦ 1 inch =150 foot d 300 410 (G.. 94.1.-7«t)) 3LOO % PTO 14 5-14. 1711W 74 Mop 7il4 (0/0.11.04 51. 40040 CO NT 1/4, S1 1/4 SEC. 15, 144N, 9121 (8901 NO 504500, SIC, 60040 447, MCC 941 H12 •- 012015703 I II3n7Olti a fees par Ill pia) /Imo) 70 se. Sea. E.M. i ♦ '/ N N-40, 0-01 3(8102 C-7 # %a fint IWO 4-,n aMIMI ja MAAS) ; r Pa 0122•00:,: *Aarait: Alpo mr CO Pap OA ,7 / 801-1781. •Yin Dock lass 040 Pop* A W So. 10. Col. 0745 x291 woad 1 471 1 0`721413 C-1 8 e5 :,1 (j /�y ....„„..-1,,,„„:,, _2181} s -ac r7o 7(.440 1 112704 *WA* 1 -. AI.� maw b 0�r� /4445 % CAVALIER OR, 1 (60� R/w) IS 4121/7 i.e.,' A W00% 11 r� 11 ....a. 1711 1774' .::::: 444 } 1 x�♦11�s t t ,wows. a a,.r RIM `I OmY W IN • ® 7_ COWL 0001 h \ 1 1/2, NA 1/4 , SWC. 14. T44N. RUE • 1 , I I iMrido F Ell7. tr._ S 7, . ¢ 1 lssaSr,SlawtW9.t 7-440 •;! 771 PAO PAM 6-440 p-#319,'50 wa., 5x 71,70110944 MY) u ✓ I clip lcdd 0x561 warn NE 1/4, 51 1/4 SEC. 15, 14410. 10121 + 1 R 1 Lana -..ALL S �i 1144 11 .f lane osd M.apb Pe rte. 7.7.404 Ol t 7! W Saw P. fall. 0-142,-22 i:'! I 7 81.4 l ' / Ir 19l1� �' IIY)O.Wtriw 1I I - 1 I w pear OW Pam fad. 0004) Small NAAS 0.. -Wel a 9aE,� 15 *imp Ak..ao) E-Ida7 t.10111'�15 :86901,..7 asrlron /aa- � 66.01 Ac 124 NV V. aha IICe.. Slt 47 4[,02 4 `--- =u 1/ 4 1..I .,Me- `0 OP II p 6644 [0/_ t•t1t17' 410057 (I&& M AL k _4 040X417\ tlammi RES. TRACZA p7,eY3t�:. lNla(9..u7oC�1% 4w.sAlrAt Tut �� ``\1 url11l'&., � Int \\� �.W \ Wag 44.10000' 0-/777r 0.02.1.N.,/,...LW' OM.T7,'441• Surf : 04495.747 atm Or Pal 17, ,x0447 : j Mao Oly Sind MAI We i321' 44444 447 144.17 �� CAVALIER DR. y`\k 511/4.3111/4)00.31n .-,.,.n•..mai•�\ SEC. 14. 14411. 11121 a.sm.'.n »ew 11 ,947,45 I...-.- Kg _0-- a 4410 11 0-,10O 4.57509,"7 01•0211115117070KI730171 fair 7��,, 7.OIJm1 0439 ` 501, 3.03 ACM Qsp,1InCgd Mop r 3.7.7 Se70, OA gawp ad m•wa 40 t;1212 Ala Pe PPI., 412... Y IPA 5-440047.45.40.471 lip FImM. ,r CAPITAL CITY HIGH SCHOOL SUBDIVISION Part of the NW 1/4 do SPI 1/4 of Sec. 14 do Part of the NE 1/4 & SE 1/4 of Sec. 15 T44N, R12YI, in the CITY OF JEFFERSON, COLE COUNTY, MO AREA: 110.26 ACRES ZONED: C-1, C-2, RA -1, RS -2 & RU 1919710 1 OF 2710 SIFT 2 OF 2 FOR PROP2RlY DFSCR)PTIOR 6 4840240 x+44 - a A Mom Oris=7) 77 1212 170441 9001 - 4 d Plop 0917+71 ►»4 U,a flaw - I1Ne Or 40107 5-44 12 C4 Ee••1, BLOW - Ara 900.4 C017A90400 - CPO* M 4.400 1140Vo[-1704 POSIT O7 BEEN= 7. OWN 4134E P001 SIP Rao074 203, COW*. SAW 061011) kw WOK 4443 701 5- 44/7 011297) 1004 V. /2 1 1/4 9132. 34, 24NW 1/5121 70. 14, Nat 817,1 u .............. ....non •p-�.... P.a. 0090 (11400-----. (1.' d.w ....q®) 7-40.2 P-314 1 T 0800701 mal wronew 5e CO d JA.r Q O. 011,444.11(OW 130 Draw 3(r Pro.w 0.0044) :7 1 1 11 Sr Sm. Eaml.� 4257 Pt3fi SA 4i ry. 771 S1 1/4, S8 1/4 551. 15, 24414, 331211 -.-M121121-1=211)__- %I =lmSd 1- Yo 4k (I.7t 400 .3(4 12.74) •SO 1'490 ll 04.07 Slaw 7 77. lb..w4 4. Pa) • -.-�- PK Op E.M. ..r-- 44,3•701 201 1 ST. WNW I-. COM Sl.11020 06/01104 0757 0000 32 710E 731) 97 1/4, 11 1/4 MC. 14, 1445, 9)2A O,. 0••0••1 1..t 0114, 4.50 t12.01,O0. d IM CO 047.8.. CAW r CP. stab el 40.4 14144.1 h OrAnta N. 742004 M _ h d Slee 1•W. LA. 1•y 5-740. bl4 0a9 IS- t>s. 0 .E 41-17. 773, 12 Stam 0440 E.M. P0-12 P-731 0100. J. 907. IL 07.4117.., 14:1. 05• an., r 4440 .bb t7.aa. r 40,94 w 41 .Ills Soba 1 SEE moa i3 CATHEDRAL ROCK OR. (60 R/M]) Mom Opk1, Sdad CIM( 400976 pain 030 240741 VOW( g 4411/4.171/1 STC. 14, 14444, 14121 1 LOTI 16.66 ACM w• W s.. 5.s. LOA 9 m. 9-511 QC A V4 211/4 103 N, Net R1S w• 20' fat 3(.040. 17) 11 771, p-710 • 4 i t j 8 y7 :t ;I; 41 • 9081- � , F I 1-!g .84f 1- " Wit 0� 11E.r 1 0401 rn1 - MOM. 455124 IX& . 0EN 601( 11. 1410 701), - - - 000arat Ne 57424 20 04301940 Coaly, Or Cat PQ"�' 0 kr mord9e174y. d_a �.l� Vy _lb. .t.kee 2204 & MOW SWIM 0040 r 9004 l Beef {'U, 7494 174; 744 973, p. 17% 747 07. p• 1713 Beet 976 P•M 172 11/741173. pp 177 al 5- 9!6 MOe 06 011e CwMy RaPer'a Cao l 01407 LP Md M» or(br PP= balm CW. 6. 110001/0 99(.714 A oleo el 644pe, bed( OP EON 28( 77. 5- M 100 103 740.15 .b OOP M.. I04 DwMkw, » N FAY Me IM4a 7701011776 70440 MAP. 7. 7012 ,M 100 74444 00444. 5-, ad war. 90/.4. 44-7 as r.a. Per 9. Sr 7/Y IP. 4415 ap d K11.00a Slaw PI1/90 V. AP Pp 0 el Maw h e00ra ala carr Maw 17521312.1221111211 9..74 MM Jarmo Cab 1440. 44. 109111s.ewd912k7d 0.9 900544 bas 104041 4701, V..t+la,..w 5001 W 57 b 9s rap, w .444101 W W 4060d 07044- Ad w Ol plb0ed0a r Oa lb 0.1Da ba Mal.. My IA AI, aAft" 44990 Jrlmw(b OMP 0904441» 9740 Pk* 2. Oa 4184.4. Ids 044 Iwo, d Mara 440 APPAL Pa 404404 d 7.13 . OAP » M plat. 7.did M b1.k. 3(W 44 NW SLOT SPOPe. Al Pa .a a/ molt _14741 .ell 407057 Pa 400 44. 74 62 Is440»d..448.0.... E4 Wad (191490 knob PP. PROM - 1277 0 Map IIA. C7 1(,050 Da9m a cas 08444. Oerr ANY 57.01, a 40164 d M M0. C4170.1 PPP 0.4 0.g*, Nr 444757411 Or M PPP Or r. OPP" le imp Imp kp ono POP ta 0. 544 ad ML Y4.Yy M4a.M b. Ulm 111_, 7.044.1 Oa pd tW ad Wad 450490 - 414 11, Ca rAdm wry Pa91e 06 l any Pat A Is ngialld Slow Ince. 401147 d 912 Warm 44 SOW 0412 7404d140944.a017 N .444- w ask err 4 pard 44847 op*, Os .....a M eat MMI MAW 0 PI pay worts Mor AN raw 0 sairesia Swarm w ls1 b r radramb 470,700, 5-4- OOP. lard- l Wrap OAP. 1 Pa Pols pet 404 and War. M - 47el Central Missouri Professional Services, Inc. 1010111119120 - OO173YID0 - 21011741* 780111101 2600 11.70.1111 Pse.. PPS) 044497 477 cr e. 9 53,07 ra 3(77) 444.04 800 - 440900 PAW me 4490/ r 9000733 11 JEFFERSON CRY SCHOOL DISTRICT OW 4-00700 Ir 444. 4445 » 1 .2 4447 06-113 9112.7 MOM I-. 1•.6.0.1 0•• 4114804 A UV 100 Won 04d t3' sm 744 (.M. Fly 4-327 1- Sea (00.1. Al . ............'...... 15.7-4.'00.. c.m .......................... - •_---------•--_- .-... 1-4: _.� 41. 4440.45.4 G.5. QIDp 0-0.1 7-733 1 inch .50 FEET 0 23 00 101720 ( C4ep0f. 0nM - 0.55 ) 1781! 7001 88.0101 ACRES -- 1,7.1; Ear-----= -_ -, Pi 1 L'-` riteon Xl j! �1.4 8 1 � f / 1 1 1 r 1 71.. 52 31. 0... Gat 1-404 4-371 11.643704 Cm* taw. F-.w- SIr. Y.M. 101 R 4m. 43 00 1.004 0.. 01014.10110A 4714ft Sm. 1.1. 0.545 7-211 01016100141.0557./- 40•.111 M 4-_m r_) 0..1177. fad 104.4300 90.11. Y. 1641.700107- 5132 Sew (-t 1.06 7-0 s. p - C 1.4a{ 7-727 • 3n Sot Lott - 07701 fJ02261. 6003r 11 4' 761306 r J r 1 1 \I ; Oil 88.01 ACRES 0-40 4432 Tet 006 RAS. TRACT A ' 3.83 ACRES (0..7-204 Ch of 44!7-.0 fa Ss.71..0. Ova Wasp 00 11/p. '4 inch 50 0 ee 46 (�Y ( C,. sow - 7•.5. 1 13• Sn0-01. Saar [a2, 7-A son mom nisi* 011711 01,6130 °'4 27 17. O5. I6. 11445 7-.0 014146 ha. .4404 44 0, 1403403 15' Stowe EOM. 10-17. I-332 $0133•304 7173' INSET #2 88.01 ACR 10702,7 0.5007 0MM1rn'434 341 Ie 'St RES. TRACT A 3.83 ACRES (Timend 1004 d 41207- b M.1.S 0.27. Slam OP1p PI 9M.0 CAVALIER OR. (60' R/4) %/ .17..71ti_ �6 ourf 28 I.. (►.TSO 51) 0-224 0-114 CATHEDRAL ROCK DR. (60' R/W) LOT 2 WV MOM MOW 18.88 ACRES 1 inch - 50 FEET 0 53 40 100 160 I ( OIyhM Sew - rut 1 INSET #3 111 ane Cum Foe. 1.4. 1.16 11664/11.6 4110 04 107.16' 47744.17',, 111.01 203W 03 10.42' 40503'4411. 00.47 11113.0 W 7137 437485E 7733' 33300' CI IOW 9543131( 0633' 24007 CS 01.12' IW%'70',2, 0.IY 5431!2 06 31632 0770407*. 331.34' 53002 27 332 17747-5' . 0306 2330' 6 311.2' 510008701.50631' 44000' 52 175.67 40755'378. 111.7 ' OS. CIO 1333' 55771003'2. 13121' 443.0' C11 *47 101011741 334 3337 11 333' 43012244 .4147 42 133.24' 4113'l54 w7C.4WM/w4.4s _. �47F�7I 1..NO..MM.wIMI 13 34.01' 14.3110 64 7320' 02055044 1.4 145.20' 5470143', 13 151.41' 47757344 V 1 n 27154 17 13414' 54147101. 13 40112 9708H% It 7410' 1000143* 140 1016' 5773411'( 447 112 3171.0* 143 3348 1031511 113 1632 5123023. 114 No 1017676'( I INSET #1 La. a 04 . - .....i._. .q 476„..00,1.4.1.6_4o0caNn I n.n amitsaas 11M4I44. room �.l040raw •..i..W.11 ..ria 7704 M.,IFa 3'174.44 a. u 0x943'0,1\ew .160.0 NMS.: *444 ani]. w 47-7-45121.4.•.5.07-.7- Owwr#00111 .•...,& Or..lMrw0*01.4 17 211.081.211 0.411 710711 x/-xl Irwwlw.,40, /N/wel.wn•a. N **"""4-1°...4 I47.W M•r 4434Merr ,<Yr+Mlehawwfwf 4.4 eY4114J 07..55 11211. N m N 000l441400nml .OMI.arr40r ..f111 111 045520000 419004.7- rMn4Mr/K1 Sn-r 11 -:"Iii - �4.a551..014 WN1 IW(1•_reMn�lpl/w111e4/774 0wr40N.N wAa1.w7K1x613N40Sa44*I.►4.1141727-7-47-441.11..4 5.3213113_11 444/...,01041..gh,.1..4..141410417-anfell103WMIIr77,.. Mne41M1r1fe.l ax x. '4'C.64 en13 p 1In 14aryl..p-nw�Wrre.fi.t-437 ileit:1"...,!".....1•1•0**.**::"'"111.11:"":".":14:":7 �a•41,1 farilr�iia 84.01040..M..a..w40rrffllJ 01.11.1 . _.•4.0-10t.14+7.76{CO.O/11wit1.• 044-0"-11 .01414[ 443.7452,•705. 01•44 44NMp1.1e.1 x410 -.... I. 11 Aril .Na7C..0enN 5.l If M.W 1001M.4r4Nw.a ..... w710MMMNr.4.5 �...rM4r44141 ..-. _ $IS -111 x.441 A 71 .....„.....O/00 0004.. 4410 rWfA1rI.11MIM..m4{4C 701 M a't.e.rnrw4004 7411 PIMM•w4•a 44...4/7-0.4.Set1 Sw3 N7 -N7 43H/f 1M3 44 ....4MNwlaa l/n070.0550 4a./.WndeMR .4147 6 n N 3'7 pMK.p,.i_i3O..1, 4.....10....., ..VIl IC 1rNA14a1S1iwM 045544[ N,11C4114,wsry.pi.4p1r11a 770'70.0...444.9010041,..5.7 J4f13210 MIM w7C.4WM/w4.4s _. �47F�7I 1..NO..MM.wIMI _- nHi7 40.04 CAPITAL CITY HIGH SCHOOL SUBDIVISION Part of the NW 1/4 & SW 1/4 of Sec. 14 do Part of the NE 1/4 do SE 1/4 of Sec. 15 T44N, R12W, in the CITY OF JEFFERSON, COLE COUNTY, 110 AREA: 110.26 ACRES ZONED: C-1, C-2, RA -1, RS -2 & RU MST 20F2 044440,/0 wlblm0 0..10 04400 14, 171 dew 101004 Orbd10 Iva. On. of SNIP It pt d w 10104O.M0 dw Si.. Oralt SP. 14. put . I N..M Orb die M•D.•d Orb 4 755055 11 Pi d w fat l•0 d Oa Me.MOrb t 14014444 I. 44 I., 11. 15 felts w(Si d 411ar11. Ola bap 105501. IMq ..M• p4fM•y ..0.040 =NM dwNM. Nlrr d 10407-07-40..0 d10iwe.. Orb of •01 Swim 1t I.O. sown on 10 orb Marr 400 w,a 161 la 10 .1.554 new d 63301 CRCS A6723701 MOM 01:.0 Nr 116 666 12 46 15. pp RL Cd. Cu. hearif. Cam 10.0 6717641 •Iq 10 ..d 10 d .d5 441.04 w I .irl .M..5. 93'477312 01131 hit Or. 5115721t 127114..! lam. 3POPP 032041 7122 21725 1•4 1. the d .2'9 MO100% do Map do Map 0 O.0l I.Pd d sweat d4l 013 OWES SR17011..per 1610 rm. M Nd MM 11, Npfp. 706 2 410WJ. 0144Oma M.a,10 40-4.5 d NM 10001 =CI 9011800 120171 Olt ml 632. to 7-O 10 t wtl 1205. 1013 7255 340501 0. 10317641 331.32 Nd b 10 1.44.4 4.0010 03' 407-64.4 Orbdw004.1hair t 101.44 1410.....1010244500.410 10.00.47666 1..Om 1.14. 1417 ..d la w ..7-r. .rd eater 4••••1•11.•••••••701 M IM Eh d 4400.. yPM dneW MMM33rep074.07-1011210,)30M0- 004CwMh.4M175.127045014 PPP IN hap ..7w•007-9 MmNfdw PP el Md Pahl MO.33hp374w 01000 •all.. ..100(.1) m.117 -04w3'4 Map • P. 211300 61.(4 M• 414..10 13733 Ad (1 4* 4.7- 417111731, ISSN 4.053 wm. 16110.424 m . 10. to IP M4.o..a4• r.Ir. d 121300 I. r w. Mma 1164 5 lad 664 OW d .dl 4.55 bop IOSaw% NAS alk 1055• 14714.11',. 14334 MI; wm. 31706111. 3433 I. Sop 71440041 m . any b w 611,040�.p. rola d33310I.d, an 6. 416•34 d 7315611061d.2' 4.7-1 a7-1417 4371313E 7331 013 10011 4000431 11000 4* 100..043.04.41 - • 0014 la 10 OP. 1.IM.Ph* d243.00161,m.0M.w of 0313Nd(1032Nd MI559. 147 97423310 00.34 1416 01.7- 41157641 IDA 107 6116 6671.6.6 - • 400 b 10 •41040.Fs. r341630Nd,m7606 .4101.111(442 100414010661 13751'20'5.5I.15104);4*. 0117-54. 11070 4*161. 21748111 171.11 tot laPa 040400016 ono 0411. 1000 0114 t 3410.0 he. -WM..4=CO 1.d 614 dW d MI ... OMp 174'33'504. 70731 (.317-. amt.**. . • M.N 1. 10•',41 • rota dt#4.314100 m r Maw d MI6 IM 634 dad d NM a.• 374 pp 6677123/11, 71 4/2.10fh1)b10I1d•.b.wear dMII0d4*011MMM33. IM 5..041 UP. �It 1010 WMI 10 Mmee7 4phi ft Om 6.6 be al IN 10043'4* d IM 44.06M MMM 10.1.4 pp 374. 40/103.41 dlr0 100.6 0.66 100. (•4 42,71 IP 14 10 .MMM war d la4010. 03200 w 666.4 0.14r d w druid Su. 151110. 01751271 Pp POrbr,Orlar&Pm17., 1122304 b• OA.101.001.10 d 101117-4 D.la 170 445561-100 d 10 MMM1.. arm d . Ind d Ind 410..1 0110 1005. 004004110 C44.0143644 474.15.10214 016 103 our 110 C. 4444 04'. o0..c wm r1.01 ding w3'71rdpM Oj0.4117 Vt.-. I... 4520400 01112161, 1!].Md1..dlt /.ma M702. 41072 het0dW 10 41011,110.1. 1207 Int IM. 4154670. 36.01 I. IMO. 47713'641 0130 tat M . Md 4P 10 ..a3' P•. al Yat d lad 4m05.1 YIP 94* M Yrd 440.q Md 1.4.61.4 O.r•.Ma 1 f 1055 d Nord M 101 Iti pp4. 33,,7y2, 0.d. Ca. lbordah 0004 Oe.. 100 101207d100,41tut d1ad M1Mlla Md 103, 016 mat. dip Oa 004 10 d w Mrd 1430 17) ep-d-.y is habil M W W 433 pp --wm 10t4*4* 060 dyad-. Om.M1M034W, pp 4WI 347OOply 11.8.DM y0 •Or10a �Mw014 44MO Md 41073 9.43 rd.I, dap Se PO. 001-41-66 1011 Dol Ad DN 41001 arm 9.0740E 40331.04100.1./..11.41 m • ears wtll.bdp•who •000001M, m W Mt. d 713C0 OP d.. t m0 a. 11170617% MLA M Aj4, 4...*!pss i ho 1032.700 I. .74 46 also 1330 h4 OM0dW 7- a -04,4 �.1. 4.0112744'125. 167 16053. 10.. 57774271 13330 4544 Owe 0.1011./67 as . an. b 10.054,•rake 44310 I . -.e M•.d 3611 Mt 614 Psi dollar. warpIIM0la 001.M6'SwO�T 3631. 53 1... stt37n% 050 I.IM. •0194012 N • 4.0 •4* 117774'31'0,1• 1 10 PO 11M0 4610 Pt •r. M� w Orr 7-1.55 Sod. 1.46 144 add 40. 4* .0100040 . aw. b r d j� •�..M.11.,00 10 4t30O Wt - .17-0. 4 13330./ (16 PP t 0 •Ir. ldf 14371054'(. 13332 Md3 1032 101'/8105. 320.01 b0b•.1.• 0 Ins 61.11. 1m4•7 d 43.05.5. IMC 720101113.. pit /ddmord bflat WI I2 hp on. Ib 4* 407-411. 0120, Oma Om Ss 7-i, •.m.P1 d mid 17112072 OlR S701:11 115 IP 1007 01.40 7173'10% I3/ 105. 10 anent. 17127 hit lam. 17(37-325. 17423 Mit Opp 1081955. 7717 Oda ..M a w .dr j 4.0007 d MIX= PAX X07011 f4aMpal d P.M Rd 461 12. hp 402, 06. Dia61 1164.4 04. Ora h...p 10 M.d.1 d 6111 MD= MSS =PT. M dal 10 Mr•ar� d 061 MIX= NM 01.7101 INR, 007'71'37'1( x730 .Id la 104.. 0041 e. I,d, dm Pp • pM . 10 .Amy 100 la 11.0.0 Or. d MI 2.4* It 10..1112370t00, w O.M7- 3604. Ws. 27124 be* pM d 4.0-Y6. C.ldip non a.w. hap /06 41037-1 Dar. 1147-1.Odd )a7- M.IIM 1004 009 004e 0100 CMS 4.61• 2- 1St entral Missouri Professional Services, Inc. 040.40017 - 0037071215 - 90171673 IS7S31O 0600 4 114061178 Ira 0761747.6 137003014 RTI, 913007707 62107 MI 776 69.1110 CAPITAL CITY HIGH SCHOOL SUBDMSION 0.o. 14 & 10, T4411. 81211. COY OF 571115011. OPE 00180E 60 JEFFERSON CITY PUBLIC SCHOOLS 05.1.14 d IS -31-213 00 w CFA, ILS .321 40 4008 06376 q. an m 444 113, . Z .ea +�• 1a 06-113 Jefferson City Planning & Zoning Commission February 14, 2019 Case No. P19008 Twehous Excavating Company 1200 W. Stadium Boulevard Final Subdivision Plat Ridgecrest Subdivision, Section Two PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION February 14, 2019 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). Description of Proposal 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. Development History March 2005 — A Preliminary Subdivision Plat for Schepkers Farm Subdivision, consisting of 78 residential lots and 9 commercial lots, was approved (Case P05002). February 2006 — The Final Subdivision Plat of Schepkers Farm Subdivision was approved (Case P06007). The Final Plat was left unrecorded. Due to financial circumstances the Final Plat, although approved, was never recorded and ownership of the property passed on to the current owner of the property. October 2014 - The current owner of the property submitted a request for a preliminary plat named Ridgecrest Subdivision. The preliminary plat made some changes to what was Schepkers Farm. Staff Analysis Size of Property: The total size of the subdivision is 3.5 acres. Number of Lots: There is one lot of 3.42 acres and 1 reserved tract of .08 acres. The lot is a combination of lots 93 and 94 from the preliminary plat approved in 2014. Streets: The lot has frontage along W Edgewood Drive and W Stadium Boulevard. No new streets will be created with this subdivision. Sidewalks: Sidewalks are required along both frontages. Sidewalks are shown on the Preliminary Plat both frontages in accordance with the sidewalk requirement. Utilities: The lot will have access to water lines, sanitary sewer lines, underground electric lines, telephone lines, and gas. Notable Lots: Reserved Tract B is a notable part of the subdivision. Reserved Tract B's purpose is to accommodate the future right -of- way needs for the development and future traffic flow in the area. Reserved Tract B was shown on the original Schepkers Farm Subdivision Plat in 2005, and was identified as being necessary for intersection needs at that time. The size of the Reserved Tract was reduced from .25 acres to .08 acres with the Ridgecrest Preliminary Plat in 2014. The details of how the tract would be transferred or dedicated for public use have yet to be finalized Staff Recommendation The Final Subdivision Plat meets the requirements for subdivision plats as outlined within the Subdivision Code. The existence of a reserved tract will accommodate the future right-of-way needs for the City. Staff recommends approval of the Final Subdivision Plat of Ridgecrest Subdivision Section 2 subject to correction of minor technical details identified by city staff and that the plat be approved with the condition that the owner or future property owners enter into a development agreement with the city regarding the eventual dedication of Reserved Tract B as right-of-way. Form of Motions Approval of the Final Subdivision Plat of Ridgecrest Subdivision Section two 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. City of Jefferson Planning & Zoning Commission LOCATION MAP Case No.P19008 0 180 360 720 Feet 1200 Stadium Bid Ridgecrest Subdivision Section 2 w N City of Jefferson Planning & Zoning Commission VICINITY of o cc cc w_._..__._w 0 0 .J LINTRY. CLUS D \i- _i W _v) rWILLIAM:ST-x_50_ MISSOURI -BLVD BRIARWOOD DR 41S- ..,4 MISSION -DR- t I• Q O O 0 ROCKRIDGE-RD RT -C Case No.P19008 1200 Stadium Blvd Ridgecrest Subdivision Section 2 0 700 1,400 2,800 Feet City of Jefferson Department of Planning & Protective Services 320 E. McCarty Street Jefferson City, MO 65101 Phone: 573-634-6410 jcplanninq a(jeffcitvmo.org www.jeffersoncitymo.gov APPLICATION FOR SUBDIVISION PLAT The undersigned hereby petitions the Planning and Zoning Commission and City Council of the City of Jefferson, Missouri for the following type of subdivision: Preliminary Plat X Final Plat 1. Name of Subdivision: Ridgecrest Subdivision, Section Two 2. General location: SW Corner West Edgewood & West Stadium Blvd. 3. ExistinglProposed zoning: C-2 4. Existing/Proposed use of the property: Existing - Vacant, Proposed - Office 5. Size of the property in acres: 3.50 Acres 6. Total number of Tots proposed: 1 7. Description of any variances to the Subdivision Regulations being requested (please note section number of the regulation below and attach a letter stating justification for the variance(s): No Variances to Subdivision Regulations are proposed. 8. Application filing fee: $ 355.00 Preliminary Plat = $500 + $5 per lot Final Plat = $350 + $5 per lot (Revised July 1, 2018) 9. Signatures: Frank Twehous, President Twehous Excavating Company, Inc. Property Owner Name (type or print) f .ropertOwner Signature Date Minor Revision = $250 + $5 per lot to Preliminary Plat /Z,1--YeoCiO-C,4 - i? Paul Samson, PE Engineer Name (type or print) Date J. Brian Rockwell, PLS Surveyor Name (type or print) Engineer Signature Surveyor Signature O/D 3 OC )/ Date Contact person for this application: Name: Paul Samson, PE Address: 2500 E. McCarty St., Jefferson City, MO 65101 Phone Number: 573-634-3455 Email: psamson@cmps-inc.com For Staff Use Only: Attachments: _ Variance request letter Additional documentation Notes: Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Page 1 of 5 w1RTP.R(IELINl,tRAlU41 ,x -- ----� teak Po.n.. v ----- SE 1/4, SW 1/4 R Sec. tt, 14111. 11121..-..�+fjly�ufu" WEST EDGEWOOD DRIVE . •..�•.. •• -� ♦ • • IIERvED TRACT ` 00 1/4. SM 1/4 See. 11, 14411, R12w 71wdu 01 M.��y,w. w^-0000.. ZONFO Olt. 370. PC. 7W 34'36-E 221.07 SITE LOCATION MAP 1 inch - 30 FEET 0 l6 30 OD 10 1 OT•Pb1. 8e•!• - Pest ) WNW OSS[: Ond4M PM Sec. Wow a ext RReesedia CONN.. pp 403. ar C31.0 ACCORD SOME Ord d Word r Mat 367, pow 313, OW 10 %n✓. 011.. ANEW LYCL hdew Era dl Owed rc. 8A ffi. 494 373. OW Waft Renid. Odd 1101070* POUR O PNO10 WOK. 6315 .r 3810SF \ 0 1R1R a lS R�RO 08 004310 fSRfII N30K046'. \ ItQ,RL1N1 1011104!1 W 110 \ 1 n1 T COOL • • M 1/2, NW 1/4 See. 14, 74404. 10121 • ♦♦eAt '61 13' Swot foot .- Re TO. PO 368 RIDGECREST SUBDIVISION SECTION TWO PART OF THE EAST HALF, NORTHWEST QUARTER SECTION 14. TOWNSHIP 44 NORTH, RANGE 12 WEST JEFFERSON CITY, COLE COUNTY. MISSOURI ZONED: C-2 - - AREA: 3.50 ACRES AR1t01070 I004 COMP SLUM LIC 61L4C0. PO. 933 ‘4. • TRACT A ICT 01119011 02010T 7019 1 i 1 OP CREWi00 PARE 9171104 0111 S A. PA01 448 0001 ME11. ICC YC 344, P0. 063 ORLO0050 PAIIE 18RL0N ORE PUT 000K 11, PACE 160 0(4 A. 100 (0 10 634, PG 303 41 131. PG 71S CR. W. /Q 433 LOT 30 WRAP OP PARCEL RA -2A OF LOT DIVISION =MT Of SRO A. PO. 448 AND 10194060? CREW De PARK 021104 ONE PO 13, PO. 483 1. DE 010140 U.LS Sall Ida Pa 317 a 11330.3 0000 COOL 7. SET 1/33 MI 116 671 W AT 010 10107 COMM 0201 OW W OM% WED 3. 3100613171100 M 24170 111611030100 W 10 03108 30 000 06110 1140700I AS NOW 211161031294. LMCD,t DAM WOW L 101. C4Y17.1034104 IUP 11104101 `01.110 WM GRIT - IO A430191LARD06 0061018- OTT CC .1371:031 SW ART SL6EC • OTT 01 LIFO= Ca WILY - roV01 t1 0371190 P040 - OiOd IE WPM - C01103E no. VOA 1/ 1 ((100 10 I S4: w 1141St 111711 iu,.tu«A1 ardste 331.7( 1/2, 0* 1/4 Sec 14, 14411, 01211 M00.5 0044231 01011, NC. W. 552, PG 373 1Os Os 006 dN d d O MIanw. bah \SW d lard kinkh O i1 •n own. Pp M Naw dr Ohd Mind, Nowt *and it _ d,1 11 APy 7015 Old, hyo IIr��,�tA.y O.dwq OW 4.11 Q9' Whew A Wm.. PL Leah of Pak Pato ler V. 1.11► &P. COP Dodd d w1114d d Pnlde. 3WM. Odom. 14c SLOE Of MOWN O46TT OA COLE IW Ne nowt 3011. d _ o'gr.E `�`•1_ dada -j4. ,.orad t . Peg. . Judy 161•No 1, Reader PM el Os Cil ISM Oa. d S,eo. 14. Awe* 44 Mork 4p 13 NR leo 04 d UOr.0 ON O.d1, Shawl Eon 1•'•61104 .w.M. s N1ws T1..MW/A.w and o8Eeltll* dM dot.* O•W d W Sado 14,00 arw dos wq M wand erw d . IMO d WI s Mr41d 11 1A 69, P111 372.108 CwW4 13.31ii 1188 Pow 10071'131, *p e. Ow* Ower Sdh a Iln. aW MO M wdlry Y of eM ewd WFw*WOW N810492, pew 373, 120721 Not Is Po PCM 10 KCMG for Ph .w.4d.4 Ido do., RC871'141W 00.4 W OAW, OaRr 3.01 11... 01 O• wd•} hi of W 80404 d s .w,8d In Mk tat. do 323, 44111 1041 14.1434 114 dy-d-•drd11ddp.od10rNM,4yOrddnod `001374PPTMON Cod* Weald. Coles les. 11P34'31T. day W 1w [Wows. Coo d*4-o1-••• M 8111 4111 ern SKOl11r. dry W Nd Caw. OM 6104 -d -.q Ns 3142 Nd N • p00 .• Or 0 10 Owl; i who• Craw DodoTh he of 11.0 *WWIa10Ida1 W 0.1 Shim bdlw+ 1t. -d -w17 OrdS•1 id d maw ad NEL r on•arm b be Yl Wig • was d 111131 Irl, w we Whoa d 31104.4, ON drat d ale awe kW 12003104E 31412 Nd2 Ws. 11411'4100 NOM N.4 1rs. 9f410330. 331.4 Nd N 11. PO10b 040400* Caddo, 00 Jaw. • S CERTIFICATE 10 04topow.. Od e. wWd/wA 1.r1 Pe 060 of M Ind al W 4waM4 b 1w Noplq Pnw.r4 Ow,4NA rel owl W bad 1. M wohe4 w4 AMM lift 1 Id d • WNW Trod, dMW8 WC 41 wad dlw kW dtWdro tido, 1n 1dp dol cd Noel d 04 11481414 M Nelly bled, N he 14140 W 1018 a. hosed d Wide sd s.swd1 3008 (rap.* d ,waQ w clow 11031 1161. olds Md le b..1 a dew= 4116 Ow01with wart W pow, wo low w•l bA It twirl Wind YAw Gn1dN1 0.8.4, rt.'. • WNW Ogwss► M an. Pm womb b bdp6lpb wd4.d d dadwy 011_Fl of t,ri 710+ Ella eq Coda. be er Foori fished /11dl1d !sort 1.04+•0. Swn40y 531104 doze COMM OT ONE O W - My d 334, 11/1..1 0 040+4 Fool how sd (ass hda4 lo w Iwo, da, Wig bp ma 41.0 wad4.00 PA he Pn.wdh 111Wb L.Wyd hholtod =Am 0..w1y, Ne, d ed W .d1 W/ww(w dpi s lw! d W /Wow Corse% he.lin. TAA aeled,d . bewW MOM IM 11,1 dof W oaf MM of W Folli be•NJq .11g6 to 816ISON 11 EOy, 4 Wo lwrb M .Nn. d died wAddwd dlw.4ar I44 .4.. N4 Who .01 ly maid. NW.. Noisy RAW SURYEICR'S CERt1IA1E We r b 6104(6. d Y w.wrort d Tales E..Aq Oe0m1, W- • .www d .111h+ w m.4.war 1...noddraw 1.,.016. p0013 dad witpd we MM 0100 d or, n ohodMw W pra d Nl W And se porld1b1n 01dOr u0A np•reada So Wawa Id • Ohm howdy lawary 1 I.d wad f.s.dm d W 9.31.3 .Mud 0 41101/11 moll W It lbw Weal lln WNW 0q old 04 WWI. 01 d TOI1. 46.101106.01 1111202111.4 11.31 18112 01Y01X II SWOP odd Central Missouri Professional Services, Inc. (16411630 - 0RRT6 013 - =ZEAL' =MN 3000 R. SWARTT =PK8001 art =SOLON 86101 rid gm 131-1111 w.. WD114-3m 11` RIDGECREST SUBDIVISION SECTION TWO E 1/2. kV 1/4, Sea 14, T4411, R12W, Cob Co., MO Twehous Excavating Co., Inc. IR 2/1/N dm PIS Nei 1..30 4004 let 1•I law 410. 1111 1 .e 1 1110 04-007