HomeMy Public PortalAbout2019-10-10 packetNotice of Meeting & Tentative Agenda
City of Jefferson Planning and Zoning Commission
Thursday. October 10, 2019 — 5:15 P.M.
City Council Chambers, John G. Christy Municipal Building, 320 East McCarty Street
Enter through Main Lobby
All interested parties will be given a chance 10 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 September 12, 2019
5. Communications Received
6. New Business/Public Hearings
Case No. P19019 — Zoning Code Text Amendment Pertaining to Short Term Rentals. Request
filed by city staff to amend the text of Chapter 35. Zoning, To establish short term rental of
residence and a short term rental of a lodging room as a permitted use ( Rather than a Special
Exception Use) in the residential and industrial zoning districts. The complete text of the
amendment is available for review at the Department of Planning and Protective Services, 320 E.
McCarty Street. or may be viewed at the Planning and Zoning Commission webpage at:
www.jeffersoncitymo.gov.
7. Other Business
• Informational presentation of the Historic Preservation Plan
• Comprehensive Plan Update
• Staff updates on prior cases
8. 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
September 12, 2019
5:15 p.m.
COMMISSION MEMBERS PRESENT
Chris Jordan, Chairman
Bunnie Trickey Cotten
Michelle Mahoney
Dale Vaughan
Hank Vogt, Alternate
Penny Quigg, Alternate
Emily Fretwell
COMMISSION MEMBERS ABSENT
Jack Deeken
Dean Dutoi
Michael Lester
Blake Markus
Chris Yarnell, Vice Chairman
COUNCIL LIAISON PRESENT
Carlos Graham, Council Liaison
ATTENDANCE RECORD
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STAFF PRESENT
Sonny Sanders, Director of Planning & Protective Services
Bryan Wolford, Associate City Counselor
Eric Barron, Planning Manager
Ian Zollinger, Planner
Ahnna Nanoski, Planner
Beth Sweeten, Administrative Assistant
1. Call to Order and Introduction of Members, Ex -officio Members and Staff
Chairman Chris Jordan called the meeting to order. Four regular members and three alternates
were present. A quorum was present.
Designation of Voting Alternates
The Chairman announced that all present regular members and all Alternates 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
3. Adoption of Agenda
Mr. Barron asked the Chair to please add election of officers to the agenda. Ms. Cotten moved
and Ms. Mahoney seconded to adopt the agenda, with the addition of officer elections. The
motion passed 6-0 with the following votes:
Aye: Cotten, Mahoney, Vaughan, Vogt, Quigg, Fretwell
4. Approval of the Regular Meeting Minutes of June 13, 2019
Mr. Vaughan moved and Ms. Fretwell seconded to approve the regular meeting minutes of June
13, 2019 as printed. The motion passed 6-0 with the following votes:
Aye: Cotten, Mahoney, Vaughan, Vogt, Quigg, Fretwell
5. Communications Received
No communication was received.
6. New Business/Public Hearings
Case No. P19018 — Zoning Code Text Amendment Pertaining to Medical Marijuana
Facilities. Request filed by city staff to amend the text of Chapter 35, Zoning Code, with respect
to the following:
1. Establishment of Medical Marijuana Testing Facility as a permitted use in the C-2
General Commercial zoning district.
2. Establishment of Medical Marijuana Transportation Facility as a permitted use in the C-
2 General Commercial zoning district.
Ms. Nanoski described the proposed amendment stating the code amendment pertains to
medical marijuana testing and transportation facilities. A Medical Marijuana Testing Facility is
proposed to be listed as a "Permitted Use" in the C-2 General Commercial zoning district.
Currently, Medical Marijuana Testing Facilities are a permitted use of the M-1 Light Industrial and
M-2 General Industrial zoning districts. Ms. Nanoski outlined that other medical, industrial,
research laboratories are permitted in the C-2 district, and as a medical marijuana testing
laboratory focuses on testing a medical product, the C-2 district appears to be appropriate for the
medical marijuana testing facility use.
Medical Marijuana Transportation Facilities can be categorized as a retail service operation, with
distribution services being provided. A Medical Marijuana Transportation Facility is proposed to
be listed as a "Permitted Use" in the C-2 general commercial zoning district. Currently, Medical
Marijuana Transportation Facilities are a permitted use of the M-1 Light Industrial and M-2
General Industrial zoning districts. Ms. Nanoski outlined that delivery and dispatch services with
vehicles on-site are permitted in the C-2 district, thus it is appropriate for the medical marijuana
transportation establishments to also be a permitted use in the C-2 General Commercial district.
Ms. Nanoski mentioned that specific use standards involving the 1,000 foot separation between
Medical Marijuana Facilities and elementary or secondary schools, child day care centers, or
churches would still apply.
No one spoke in favor of this request.
No one spoke in opposition to this request.
Ms. Nanoski gave the staff report and staff recommendation.
Ms. Cotten moved and Mr. Vaughan seconded to approve the zoning code text amendment
pertaining to toe Medical Marijuana Testing facilities and Medical Marijuana Transportation
facilities as presented by staff. The motion passed 5-1 with the following votes:
Aye: Cotten, Mahoney, Vaughan, Vogt, Fretwell
Nay: Quigg
7. Other Business
A. Short Term Rentals — Discussion of possible Zoning Code amendment
Mr. Barron stated that planning division staff are looking at a possible staff initiated zoning
code amendment to change the approval process for short term rental uses. Short term
rentals, in the residential zoning districts, are currently brought to the Planning and Zoning
Commission as a special exception permit, with final decision on that permit by the City
Council. Staff are considering the merit of switching the use to a "permitted" use of the
residential districts. Mr. Barron explained that city staff are looking for guidance from the
commission on this topic.
Mr. Jordan stated that he thought it would be good idea to have an amendment in place to
eliminate the need for citizens to have to go through an extra step in the process. He opened
the idea for discussion.
After discussion by the Commission, Ms. Cotton moved and Ms. Mahoney seconded to
instruct staff to prepare a text amendment regarding short term rentals, moving them from a
special exception use to a permitted use. The motion passed 6-0 with the following votes:
Aye: Cotten, Mahoney, Vaughan, Vogt, Quigg, Fretwell
Mr. Barron informed the Commission that staff would prepare the text amendment and
publish it for public hearing and formal consideration at the next meeting.
B. Staff updates on prior cases
Prior cases: Case No. P19016 - 3215 Masonic Ct, Preliminary PUD Plan and Case No.
P19017 — Zoning Code Text Amendment Pertaining to Medical Marijuana Dispensary were
approved by City Council.
C. Comprehensive Plan Update
Ms. Nanoski stated that staff are still conducting community workshops and collecting
surveys from online. She asked that commission members help spread the word about the
workshops and to direct people to the website for the survey
D. Election of Officers
Mr. Vaughan moved and Ms. Quigg seconded to re-elect Mr. Jordan as chairman and Mr.
Yarnell as vice chairman. The motion passed 6-0 with the following votes:
Aye: Cotten, Mahoney, Vaughan, Vogt, Quigg, Fretwell
8. Adjourn. There being no further business, the meeting adjourned at 6:05 p.m.
Respectfully Submitted,
Eric Barron, Assistant Secretary
Jefferson City
Planning & Zoning Commission
October 10, 2019
Case No. P19019
City Staff
Zoning Code Text Amendment Pertaining
to Short Term Rentals
PLANNING STAFF REPORT
JEFFERSON CITY PLANNING AND ZONING COMMISSION
October 10, 2019
Case No. P19019 — Zoning Code Text Amendment Pertaining to Short Term Rentals. Request filed
by city staff to amend the text of Chapter 35, Zoning, To establish short term rental of residence and a
short term rental of a lodging room as a permitted use ( Rather than a Special Exception Use) in the
residential and industrial zoning districts. The complete text of the amendment is available for review at
the Department of Planning and Protective Services, 320 E. McCarty Street, or may be viewed at the
Planning and Zoning Commission webpage at: www.jeffersoncitymo.gov.
Nature of Request
City staff is requesting to amend the text of Chapter 35, zoning to establish short term rental of a
residence and short term rental of a lodging room as a permitted use, rather than a Special Exception Use,
in the residential and industrial zoning districts.
History
The short term rental ordinance was adopted in 2017 in response to the growing trend of online listings of
short term rentals in Jefferson City. A number of Specific Use Standards for the use were put in place at
the same time, in an effort to address concerns and potential impacts associated with this new use.
Staff Analysis
To date 9 total Special Exception Permit requests have been processed and 8 have been approved by the
City Council. Several of the cases had a high level of concern from neighboring residents, however, a
large number of those concerns were items already addressed within the Specific Use Standards in place
for the use. When reviewing individual propels for a short term residential use, planning division staff are
finding it difficult to identify negative externalities that have a higher impact on surrounding properties as
compared to other permitted uses within residential districts. For example, daycare homes for up to ten
children are a permitted use of single family districts, and would be expected to have a higher level of
impact on the residential area than a short term rental use.
It has been staffs observation that, while there is a general high level of concern brought forward by
surrounding property owners when a short term rental is proposed, the actual impact of such a use is low.
Traffic levels are typically one or two vehicle trips per nightly stay, below the typical traffic volume
generated by a residence (especially one with multiple people of driving age). The establishment of a
short term rental typically involves property upgrades, as the property owner wants to establish the use as
a '`good" and "attractive" place to stay for their potential customers. Common concerns associated with
short term rental use, such as the number of people that are permitted, the availability of parking.
fire/building safety concerns, and prohibition of parties or large gatherings, are addressed by the specific
use standards.
The Special Exception Use Permit process, which is effective in identifying and addressing potential
negative impacts, is proving to be largely ineffective as the impacts are largely addressed through the
specific use standards. The Special Exception Permit process involves public hearings before the
Planning and Zoning Commission and the City Council, with an approximate 3 month timeline between
application submittal and final decision. Application costs associated with the Special Exception Permit
for a short term rental are currently set at $500 (which is lower than applications for commercial
properties). Staff have received a number of comments from applicants that the costs associated with
short term rental zoning approval are high.
Relation to Non -Residential Districts
Short term residential uses are, by definition, ancillary uses of residential uses. The establishment of
these uses as "permitted" uses of the non-residential (commercial and industrial) districts merely
recognizes that there are existing residential homes in these non-residential districts and that
establishment of a short term residential use within these non -conforming homes is permitted.
Staff Recommendation:
Staff recommends approval of the zoning code amendment.
Approve
Deny
Neutral
Staff Recommendation
X
Form of Motion
Motion to approve the text of Chapter 35, Zoning, to establish short term rental of residence and a short
term rental of a lodging room as a permitted use in the residential and industrial zoning districts.
BILL NO.
SPONSORED BY
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 35,
THE ZONING CODE, TO ESTABLISH SHORT TERM RENTAL OF A RESIDENCE AND
SHORT TERM RENTAL OF A LODGING ROOM AS A PERMITTED USE IN THE
RESIDENTIAL AND INDUSTRIAL ZONING DISTRICTS.
WHEREAS, It appears that the procedures set forth in the zoning code relating to zoning
code text amendments have in all matters been complied with.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI, AS FOLLOWS:
Section 1. Sec. 35-28 (Matrices of permitted, conditional and special exception use
land uses and classification of uses not listed) Exhibit 35-28 (Land Uses Authorized in Zoning
Districts), is amended as follows:
See Attachment A
Section 2. This ordinance shall be in full force and effect from and after its passage
and approval.
Passed: Approved:
Presiding Officer Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Counselor
Scriveners Note: Inserted text shown as thus. Deleted text shown as thus.
Attachment A.
Exhibit 35-28: Land Uses Authorized in Zoning Districts
Use Category
Specific Use Type
Zoning Districts
RU
RS -1
RS -2
RS -3
RS -4
RD
RA -1
RA -2
N -O
RC
MU -1
C -O
C-1
C-2
C-3
M-1
M-2
3. Commercial
B. Lodging
6. Short Term Rental of a
Residence
SE
P
SE
P
SE
P
SE
P
SE
P
SE
P
SE
P
SE
P
SE
P
SE
P
P
P
P
P
P
SE
P
SE
P
7.Short Term Rental of a
Lodging Room
SE
P
SE
P
SE
P
SE
P
SE
P
SE
P
SE
P
SE
P
SE
P
SE
P
P
P
P
P
P
SE
P
SE
P
Scriveners Note: Inserted text shown as thus. Deleted text shown as thus.