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HomeMy Public PortalAbout2021-12-09 packetNotice of Meeting & Tentative Agenda III ! City of Jefferson Planning and Zoning Commission Thursday, December 09, 2021 -- 5:15 P.M. City Council Chambers, John G. Christy Municipal Building, 320 East McCarty Street Enter through the 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 November 18, 2021 5. Communications Received 6. New Business/Public Hearings Case No. P21010 —Text Amendment Pertaining to Chapter 3 of Jefferson City Code, Pertaining to Murals. Request filed by city staff to amend the text of Chapter 3, Advertising and Signs, pertaining to murals and mural processing. 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 on the Planning and Zoning Commission webpage at: www.jeffersoncitymo.gov under the "Division" subtab located under the "Government" tab. 7. Other New Business 8. Other Business. A. Staff Updates from Prior Cases B. Downtown Overlay District - Discussion C. Subdivision Code Revisions Regarding Minor Plats - Discussion 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 November 18, 2021 5:15 p.m. COMMISSION MEMBERS PRESENT Dale Vaughan, Chair Penny Quigg, Vice Chair Bunnie Trickey Cotten Jack Deeken Dean Dutoi Gregory Butler Shanon Hawk, Alternate Spencer Hoogveld, Alternate COMMISSION MEMBERS ABSENT Blake Markus Emily Fretwell COUNCIL LIAISON PRESENT Michael Lester, Council Liaison STAFF PRESENT Sonny Sanders, Director of Planning & Protective Services Dustin Birch, Associate City Counselor Eric Barron, Planning Manager Kourtney Bliss, Planner Shane Wade, Engineer Beth Sweeten, Administrative Assistant ATTENDANCE RECORD 4of5 5of5 4 of 5 4 of 5 2 of 5 4of5 4 of 5 2 of 5 1 of 5 3 of 5 1. Call to Order and Introduction of Members, Ex -officio Members and Staff Chair Dale Vaughan called the meeting to order. Six regular members and two alternate were present. A quorum was present. Designation of Voting Alternates The Chair announced that all regular members and alternates present are eligible to vote. 2. Procedural Matters and Procedures Explained Ms. Bliss explained the procedures for the meeting. The following documents were entered as exhibits. Ms. Bliss 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 Ms. Bliss 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 Ms. Cotten moved and Mr. Dutoi seconded approve the agenda. The motion passed 7-0 with the following votes: Aye: Quigg, Cotton, Deeken, Dutoi, Butler, Hawk, and Hoogveld Nay: None 4. Approval of the Regular Meeting Minutes of October 14, 2021. Ms. Hawk moved and Ms. Quigg seconded to approve the regular meeting minutes of October 14, 2021 as printed. The motion passed 7-0 with the following votes: Aye: Quigg, Cotton, Deeken, Dutoi, Butler, Hawk, and Hoogveld Nay: None 5. Communications Received No communications were received. 6. New Business/Public Hearing 7. Other New Business Case No. P21009 —849 Stoneridge Parkway, Amended Special Exception Use Permit, Request filed by Sam's Real Estate Business Trust, property owner, for an amended special exception use permit allowing for change in color scheme on exterior walls of Sam's Club building and fuel station, The property is located at the northeast corner of the intersection of Stoneridge Parkway and Hard Rock Drive and is described as Stoneridge Village Section 3, Lot 10, City of Jefferson, Cole County, Missouri (BRR Architecture, Consultant). Ms. Bliss stated the purpose of the request is to change the color scheme of the Sam's Club building, from brown hues to more grey tones. This is being requested as they are wanting to rebrand and alter the logo and signs. Ms. Joyce Landwehr, 8131 Metcalf Ave #300, Overland Park, KS 66204, with BRR Architecture, presented the case. She stated the store and the fuel center would like to rebrand and change colors to match the current Sam's Club national scheme. Ms. Bliss stated that staff recommends approval of the proposed changes in the color composition. Ms. Cotton moved and Ms. Quigg seconded to approve the amended Special Exemption Use permit. The motion passed 7-0 with the following votes: Aye: Quigg, Cotton, Deeken, Dutoi, Butler, Hawk, and Hoogveld Nay: None 8. Other Business Update on prior cases Mr. Barron stated the prior cases for the private street naming proposal and the replat of the Capital Mall subdivision have both passed by City Council. Recognition of former Chairman Chris Jordan Chris Jordan was presented with a plaque for his years of service to the Commission. Election of Officers Mr. Deeken moved Mr. Butler seconded to re-elect Dale Vaughan as the Chairman of the Commission. The motion passed 7-0 with the following votes: Aye: Quigg, Cotton, Deeken, Dutoi, Butler, Hawk, and Hoogveld Nay: None Mr. Deeken moved and Ms. Hawk seconded to re-elect Penny Quigg as the Vice Chair of the Commission. The motion passed 7-0 with the following votes: Aye: Quigg, Cotton, Deeken, Dutoi, Butler, Hawk, and Hoogveld Nay: None Adoption of 2022 Meeting Calendar Mr. Dutoi moved and seconded by Ms. Quigg to approve the 2022 meeting calendar. The motion passed 7-0 with the following votes: Aye: Quigg, Cotton, Deeken, Dutoi, Butler, Hawk, and Hoogveld Nay: None Mr. Barron announced that Mr. Record has announced his resignation from the Commission Adjourn. There being no further business, the meeting adjourned at 5:47 p.m. Respectfully Submitted, Eric Barron, Assistant Secretary PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION December 09, 2021 Case No. P21010 —Text Amendment Pertaining to Chapter 3 of Jefferson City Code, Pertaining to Murals. Request filed by city staff to amend the text of Chapter 3, Advertising and Signs, pertaining to murals and mural processing. 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 on the Planning and Zoning Commission webpage at: www.jeffersoncitymo.gov under the "Division" subtab located under the "Government" tab. Backj!round/History Code changes are identified as follows: 1. Definition additions; one for churches and the other for schools. 2. Added flexibility to permit churches and schools to construct murals in residential zoning districts. 3. Elimination of requirement specifying how much distance one mural must be from the another. 4. Allowance for murals to be located on right-of-way. 5. A few other technical verbiage corrections. At its meeting in July of 2020, the Cultural Arts Commission suggested staff exploration of options in which to amend Chapter 3, Article III of the City of Jefferson City Code. At the August 17, 2021 meeting, a draft amendment was approved by the Cultural Arts Commission and passed on to the Planning and Zoning Commission for review. Staff Recommendation The text amendments, as detailed in the draft, pertaining to mural standards and mural processing have a recommendation for approval from staff. Form of Motion 1. Motion to approve staff -requested text amendments to Chapter 3, Advertising and Signs, pertaining to murals and mural processing. Sec. 3-31. — Definitions. Church: A building or structure, or group of buildings or structures that are primarily intended for conducting organized religious services and associated accessory uses. Erect: To construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish. Mural: A painting, graphic design, or pictorial representation applied directly or attached to an exterior mounting surface or exterior wall that is visible from any point of any public right-of-way including public street, sidewalk or greenway trail. Any representation which identifies a business or building by logo, product, service, trademark, message, or slogan shall be considered a sign. School: Any building or part thereof which is designed, constructed or used for education or instruction in any branch of knowledge. The definition includes public and private schools at the pmt elementary. middle, junior high, or high school level Sec. 3-34. — Mural Permit Processing. A. The Director shall review and rule on mural permit applications submitted for any mural proposed within the incorporated limits of the City of Jefferson pursuant to the regulations and procedures set forth below: 1. Within 30 days of submittal of an application for mural permit to the Director, an administrative hearing shall be scheduled. The application may be continued for a maximum of 60 days from the date of the first hearing. 2. The Director of Planning or designee shall notify adjoining and affected property owners within 185 feet of the mural site of the date and time of th-le hearing at which the mural permit application will be considered. The date and time of the mural permit hearing will also be posted in the local newspaper as notification to the general public. 3. The Director shall approve, deny, or conditionally approve the mural permit, with reasons. 4. The decision of the Director shall be final unless an appeal is filed within ten business days of the decision. Appeals shall be filed with the Board of Adjustment pursuant to section 35-100 of the Jefferson City Code, and shall include: a. The mural case or project being appealed,,,_ b. Reason for the appeal; c. Printed name, address, telephone number, and signature of each appellant. B. Criteria for approval of mural permit. The Director shall approve the mural permit upon finding the mural meets the following criteria: 1. The mural meets the definition of "mural" and is not a signor form of advertisement. 2. The mural content is not obscene. For purposes of this section, any material is obscene if applying contemporary community standards: a. The predominant appeal is to prurient interest in sex; and Department of Planning and Protective Services DRAFT—ARTICLE III. — MURALS Code Amendment Note: Inserted text shown as thus. Deleted text shown as thus b. The average person would find the material depicts of describes sexual conductin a patently offensive way; and c. A reasonable person would find the material lacks serious literary, artistic,political, or scientific value. 3. The mural conforms to the mural design and construction standards outlined in section3-35. 4. bepainted and will net negatively impaet the hi-sterir- reseurees within jeffeFSE)R City, nar Gause these reseuFGes to nese th„iF state and natieRal iste - eligiba . Murals proposed for properties within designated local historic districts of, neighborhood conservation overlay districts, or national-hister-is register districts shall be subject to review by the appropriate review agency, as indicated below. The mural shall harmonize with thestructure on which it is to be painted and will not negatively impact the historic resources within Jefferson City, nor cause the resource, or surrounding resources, to lose their local and national register eligibility. The Director shall submit the mural application to the appropriate review body. a. National Register and State districts: State of Missouri Historic Preservation Program; b. Local eense �atieR ^+ historic districts: City of Jefferson Historic PreservationCommission . c. Neighborhood Conservation Overlay District: Planning and ZoningCommission. 5. In the event that the Director submits a mural permit application to a review body of another government agency, the Director may allow another 60 days for the concurrentreview by the City and the other government agency. When this occurs, the application shall be processed in a maximum of 90 days. 6. The artist, property owner, and if applicable, organization have provided proof of awritten contract that allows the artists to paint a mural on the property. 7. The placement, height, and overall area of mural shall be as approved by the Director.Sec. 3-35. — Mural design and construction standards. A. Location. 1. Murals shall be authorized only in the commercial, mixed-use, and industrial zoning districts, or as part of a PUD Plan approved by the Planning and Zoning Commission. Allapplications for murals, including those proposed for location in PUD zoning districts, shall be processed in accordance with this article. a. Schools and churches in residential zoning districts may erect a mural inaccordance with this article. B. Lighting. Department of Planning and Protective Services DRAFT — ARTICLE III. — MURALS Code Amendment Note: Inserted text shown as thus. Deleted text shown as thus 1. All lighting within murals, located on murals, or directed to murals shall not exceed the maximum foot candles of illumination provided for in chapter 35, Zoning code, for the zoning district in which the mural is located and adjacent to. 2. No revolving or rotating beam or beacon of light that simulates any emergency light or device shall be permitted as part of any mural. No flashing, intermittent, or moving light or lights will be permitted. 3. External lighting, such as floodlights, thin line and gooseneck reflectors are permitted., - 4. Light sources that are directed upon the mural shall be effectively shielded so as to prevent beams or rays of light from being directed onto any portion of the public right- of-way or onto adjacent property:;- 5. roperty, 5. Illumination or lighting device shall not reflector shine directly into the adjacent public rights of ways in such a manner as to hamper the vision of a pedestrian, cyclist, or motor vehicle operator thereon, 6. No mural shall be so illuminated that it interferes with the effectiveness of, or obscures and official traffic sign, device, or signal. C. Construction of murals. 1. All murals shall be constructed as to be free from hazards, and shall be strongly supported with braces, posts, or cables if necessary. They shall be kept in good repair and all surfaces shall be maintained in good appearance. D. All electrical lighting shall conform to the Electrical Code. E. If the proposed mural materials are not compatible with surface mounting, the Director may allow for the mural to be placed on its own substrate, set off from the mounting surface. Sec. 3-36. - Mural types prohibited. A. After the effective date of this article, there shall be erected, constructed, or exhibited none of the following: 1. Murals or other representations which imitate or appear to imitate any official traffic sign or device or which appear to regulate or direct the movement of traffic or which interferes with the proper operation of any traffic sign or signal, or which obstructs or physically interferes with a motor vehicle operator's view of approaching, merging, or intersecting traffic; 2. Murals placed on areas of public ownership including street rights-of-way and public sidewalks, except when the applicant obtains a permissive use of right-of-way permit that a prejeGtiAg muFal may extend ne more than 1-2- kir--heS frA—m a buildiRg qVeF a publie tic, a. Exeept that a The projecting mural may extend no more than 12 inches from a building over a public sidewalk; 3. Murals with moving parts, including solar, wind- or water -driven devices; 4. Murals affixed, applied or mounted above, upon or suspended from any part of the roof of a structure; 5. Murals which incorporate reflective or metallic paints or materials; Department of Planning and Protective Services DRAFT -ARTICLE III. - MURALS Code Amendment Note: Inserted text shown as thus. Deleted text shown as tk s 4 6. Murals which fail to meet the lighting standards of subsection 3-18. B.Sec. 3-37. — Preparation of surface and maintenance. A. A mural permit is issued with the understanding that the property owner or organization for all maintenance, repair, and removal of the mural. B. Sand and high pressure water blasting are not allowed as a cleaning process, for either surface preparation or for mural maintenance purposes in the National Register or local historic everlay districts. C. The Department shall inspect or cause to be inspected every mural in the City. The Director shall require the maintenance, repair, removal, or covering with opaque paint or other appropriate material, of any mural which is found to have been displayed in violation of this article, including any mural which is: 1. Not maintained, faded,or in disrepair; 2. Not securely affixed to a substantial structure; 3. Creating a dangerous or unsafe condition for cyclists, pedestrians, or motorists. 4. Not in conformance with this article. D. An order to maintain, remove, repair, or cover a mural maybe appealed to the Board of Adjustment, pursuant to subsection 35-100 of the Jefferson City Code, who shall schedule a hearing on the matter. Sec. 3-38. —Violations and penalties. A. In case any mural is erected, constructed, reconstructed, altered, converted, or maintained in violation of this chapter or other regulations made under the authority conferred hereby, the Director or designee shall institute proper action or proceedings to: 1. Such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use; 2. Restrain, correct, or abate such violation; or, 3. Prevent any such illegal act, conduct, or use. It shall be the duty of the Director to afford the offending party notice of the specific complaint by United States Mail, giving said person ten days notice of the violation(s) or anticipated violation(s) and order the correction of the violation. B. Appeal of decisions of the Director. Where it is alleged there is an error in any order, requirement, decision, or determination made by the Director, any aggrieved person may appeal the order, requirement, decision, or determination to the Board of Adjustment in accordance with the provisions of section 35-100 of the Jefferson City Code. C. The City has the right to remove any non-compliant mural. If the Director shall find that any mural is unsafe or insecure, is a menace to the public, is abandoned or maintained in a dilapidated condition, or has been constructed or erected or is being maintained in violation of the provisions of the chapter, written notice must be given to the organization or property owner thereof. If the organization or property owner fails to remove or alter the mural so as to Department of Planning and Protective Services DRAFT—ARTICLE III. — MURALS Code Amendment Note: Inserted text shown as thus. Deleted text shown as t4us 5 comply with the standards herein set forth within a reasonable time specified in such notice, such mural may be removed or altered to comply. Any expense incidental to such removal or alteration shall be charged to the owner of the property upon which the mural is located and shall constitute a lien upon the property. D. The owner of a building or premises where a violation of any provision of this chapter has been committed or shall exist, or the mural artists, organization, or any other person who commits, takes part, or assists in such violation or who maintains any building or premises in which any such violation shall exist, shall be deemed guilty of a misdemeanor, punishable by a fine of not less than $10.00 and not more than $100.00 for each and every day that said violation continues after due notice as provided herein, but if the offense be willful, on conviction thereof, the punishment shall be a fine of not less than $100.00 nor more than $250.00 for each and every day that such violation shall continue. Any person who, having been served with an order to remove any such violation, shall fail to comply with said order within ten days after such service or shall continue to violate any provision of the regulations made under authority of this chapter in the respect named in such order, shall also be subject to an additional penalty of $250.00. E. Nothing contained herein shall prevent the city from taking such other lawful actions as may be necessary to prevent or remedy any violation. Department of Planning and Protective Services DRAFT—ARTICLE Ill. — MURALS Code Amendment Note: Inserted text shown as thus. Deleted text shown as tfps