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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 1 of 1 1 of 1 1 of 1 1 of 1 1 of 1 1 of 1 1 of 1 0 of 1 0 of 1 0 of 1 0 of 1 0 of 1 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.