HomeMy Public PortalAbout2023-01-12 minutesMinutes
JEFFERSON CITY PLANNING AND ZONING COMMISSION
January 12, 2023
5:15 p.m.
COMMISSION MEMBERS PRESENT ATTENDANCE RECORD
Dale Vaughan, Chair 7 of 7
Penny Quigg, Vice Chair 7 of 7
Gregory Butler 4 of 7
Emily Fretwell 6 of 7
Hank Vogt 7 of 7
Treaka Young 6 of 7
Jacob Robinett 5 of 7
Sara Michael, Alternate 1 of 1
COMMISSION MEMBERS ABSENT
Bunnie Trickey Cotten 6 of 7
Shanon Hawk 6 of 7
Tom Werdenhause, Alternate 0 of 2
Randy Hoselton, Alternate 1 of 2
COUNCIL LIAISON PRESENT
Michael Lester
STAFF PRESENT
Eric Barron, Planning Manager
Dustin Birch, Associate City Counselor
Kortney Bliss, Planner
Sonny Sanders, Director of Planning & Protective Services
Shane Wade, Civil Engineer
Lisa Dittmer, Administrative Assistant
Jason Turner, Division Chief JCFD
Guests: Paul Samson with Central Missouri Professional Services, Council Members Laura
Ward and Scott Spencer, Timothy A Joseph, Jeff and Jane Schaeperkoetter, Jacob Brooke,
Lois Hogan, Teresa Tolksdorf, Joe Scheppers, Jay and Kim Fischer, and Carolyn McDowell.
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 one alternate
was 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
Staff stated that they received a request to reorder the agenda, by placing case 24004
as second on the agenda. Ms. Fretwell moved and Mr. Robinett seconded to approve
the agenda as reordered. The motion passed 7-0 with the following votes:
Aye: Butler, Fretwell, Michael, Quigg, Robinett, Vogt, and Young.
Nay: None
4. Approval of the Regular Meeting Minutes of December 8, 2022.
Mr. Robinett moved and Ms. Young seconded to approve the regular meeting minutes of
December 8, 2022 as printed. The motion passed 7-0 with the following votes:
Aye: Butler, Fretwell, Michael, Quigg, Robinett, Vogt, and Young.
Nay: None
5. Communications Received
Communication was received from Joshua Korte regarding case # P23001-1110 Cedar
City Drive.
6. New Business/Public Hearing
Case No. P23001 – 1110 Cedar City Drive, Rezoning from M-1 to PUD and
Preliminary Planned Unit Development (PUD) Site Plan. Request filed by Jay and
Kimberly Fischer, property owners, for rezoning of approximately 3 acres from M-1 Light
Industrial to PUD Planned Unit Development and a Preliminary PUD Development Plan
for a farm to market retail store. The property is located at the northwest corner of the
intersection of Cedar City Drive and Oil Well Road and is described as Part of the
Southwest Quarter of the Southeast Quarter of Section 9, Township 44 North, Range 11
West, in the City of Jefferson, Callaway County, Missouri. (Central Missouri Professional
Services, Consultant).
Ms. Bliss stated the applicants are requesting to rezone a section of property from M-1
Light Industrial to PUD Planned Unit Development and are requesting a Preliminary
PUD Plan for a 2880 square foot retail farm to market store.
Paul Samson with Central Missouri Professional Services (CMPS), representing
property owners Jay and Kim Fischer, presented the case. The request is to rezone a
portion of their property located at the corner of Oilwell Road/Cedar City Drive from M-1
to PUD. The owners are requesting the PUD zoning to accommodate a seasonal
farmers market type facility. The PUD zoning has been requested to allow more flexibility
in the design elements due to it being more of a seasonal building. The site plan consists
of a 2,900 square foot building. Inside, there will be freezer space, retail floor and
restrooms. The lot will have approximately 18 parking spaces with a concrete driveway
off Oilwell Road and Cedar City Drive. Fruit trees will be planted around the perimeter of
the property. Because of the seasonal nature of the facility, the owner is asking for a
variance to allow for a gravel parking lot. Water, electric, and utilities are existing and
available. Sanitary sewer will have to be extended from the south side of Cedar City
Road. The footprint of the building will be a minimum of one foot above the 100-year
floodplain elevation, which meets all of the floodplain development and FEMA
regulations.
Ms. Bliss stated that staff recommends approval of the proposed rezoning and
Preliminary PUD Plan.
Ms. Fretwell moved and Ms. Quigg seconded a motion to recommend approval to the
City Council the request to rezone the property from M-1 to PUD.
The motion passed 7-0 with the following votes:
Aye: Butler, Fretwell, Michael, Quigg, Robinett, Vogt, and Young.
Nay: None.
Ms. Fretwell moved and Ms. Quigg seconded a motion to recommend approval to the
City Council of the requested Preliminary PUD Plan for a retail farm to market store with
the following condition:
a. The establishment of the C-1 Neighborhood Commercial underlying zoning
designation for purposes of determining future permitted uses and
requirements for signage, lighting, and other applicable site features.
The motion passed 7-0 with the following votes:
Aye: Butler, Fretwell, Michael, Quigg, Robinett, Vogt, and Young.
Nay: None.
Case No. P23004 – 1000 Block of Marshall St., Final Subdivision Plat of TC3C
Subdivision. Request filed by Zeal Enterprise, LLC, property owner, for a Final
Subdivision Plat for 1.88 acres proposing creation of 10 lots. The property is zoned RS-4
Medium Density Residential and is located on the Marshall Street cul-de-sac 250 feet
north of East Franklin Street and with frontage also on Roland Street and is described as
Part of the Northeast Quarter Section 18, Township 45 North, Range 11 West, in the
City of Jefferson, Cole County, Missouri. (Central Missouri Professional Services,
Consultant).
Ms. Bliss stated the applicants are requesting a final subdivision plat that would replat
1.88 acres from six existing lots into 10 new lots to be used for single family residential
uses.
Paul Samson with Central Missouri Professional Services (CMPS), representing
property owner Zeal Enterprises, LLC, presented the case. The purpose of the replat of
the subdivision is to create ten single family residential lots out of the existing six lots.
The property is zoned RS-4 which has a minimum lot frontage of 60 feet. The proposal is
to take the existing two lots on Roland Street and divide into three lots and divide the
four lots on Marshall Street into seven lots. The intent is to build smaller homes with
single family garages. All of the existing infrastructure is in place, no new streets are
proposed. Utilities are on site including stormwater, sanitary sewer, water and electric.
Ms. Bliss stated lot size dimensions were looked at, for the RS-4 district the minimum lot
size acreage is 6,000 square feet and the lot width is a minimum of 50 feet, these lots
are in compliance with the zoning code requirements. A fire hydrant exists along Roland
Street, but the applicant will need to comply with the requirement of the fire code for fire
hydrant placement on Marshall Street. Staff recommends approval of the final plat with
the conditions that technical comments by city staff be addressed and a finalized plat be
submitted prior to City Council.
Mr. Wade advised infrastructure does exist in the vicinity, utilities appear to be in order
other than the fire hydrant on Marshall Street. Minor comments have been sent back to
the consultant for the final resubmittal. The plat, as presented, is in good order and the
engineering division recommends approval.
Ms. Quigg moved and Mr. Robinett seconded a motion to recommend approval to the
City Council of the requested final subdivision plat of TC3C Subdivision with the
following conditions:
a. Address technical comments from city staff.
b. Submittal of finalized and signed plat prior to introduction to City Council.
The motion passed 7-0 with the following votes:
Aye: Butler, Fretwell, Michael, Quigg, Robinett, Vogt, and Young.
Nay: None
Case No. P23002 – 2200 Block of St. Mary’s Boulevard, Rezoning from C-2 to RA-2
and Preliminary Subdivision Plat. Request filed by MATEJO, LLC, property owner, for
a rezoning of 9.09 acres from C-2 General Commercial to RA-2 High Density (Multi-
Family) Residential and a preliminary subdivision plat consisting of 25 lots. The property
is located northwest of the intersection of St. Mary’s Boulevard and Heisinger Road and
is described as Part of the Northwest Quarter of the Northeast Quarter of Section 11,
Township 44 North, Range 12 West, in the City of Jefferson, Cole County, Missouri.
(Central Missouri Professional Services, Consultant).
Ms. Bliss stated the applicants are requesting a rezoning and a preliminary subdivision
plat. The owner is requesting to rezone this property from C-2 General Commercial to
RA-2 High Density (Multi-Family) Residential. A preliminary plat consisting of 25 lots was
submitted that would contain duplexes with a proposal of a new street.
Paul Samson with Central Missouri Professional Services (CMPS), representing
property owner, MATEJO, LLC, presented the case. The first proposal is rezoning from
C-2 to RA-2. The property currently has a parking lot on it that was used for parking for
office buildings that were on the south side of St. Mary’s Blvd. Those office buildings
have been vacant and the parking lots have not been used recently. The proposal is to
rezone to RA-2 to accommodate a duplex subdivision. The proposed street would be
called St. Mary’s Circle and the subdivision would be called St. Mary’s Circle
Subdivision. There will be 25 lots within the subdivision, each lot would contain a duplex.
St. Marys Circle would be 28 feet wide, with parking and sidewalk on one side. Sanitary
sewer and a stormwater detention basin will be located in the northeast corner of the
property. Water, telephone, and electric will be extended throughout the subdivision.
Sidewalks will also be built along St. Mary’s Blvd. to the current code.
Lois Hogan, resident at 2120 St. Mary’s Blvd, lives nearby and is concerned about
increased traffic in the area and inquired if there have been any traffic studies in the
area. Ms. Logan advised vehicles are already parked on both sides of the street on St.
Mary’s Blvd. and it is congested in the area and worries about the increase with 50
additional households. Mr. Barron advised the trigger within the zoning code for a traffic
impact analysis is 75 single family units or 50 duplexes being constructed. The current
proposal is 25 duplexes, so it does not trigger the requirement for a traffic impact
analysis.
Ms. Bliss advised staff recommends approval of the rezoning from C-2 to RA-2, the
proposed multifamily use is compatible with uses in the area to the east and is in
alignment with the future land use in the Comprehensive Plan. The subdivision plat
would need to address technical comments from staff.
Mr. Wade advised public infrastructure is existing in the vicinity. The proposed street will
serve the 25 proposed two-unit lots. Sidewalk is proposed along one side of the new
road, St. Mary’s Circle, and along St. Mary’s Blvd. Utilities have been proposed in
accordance with subdivision standards, including street lights and fire hydrants. Traffic
impact is not a requirement due to the zoning code, but the consultant has identified the
site distance from both intersections of the new roadway onto St. Mary’s Blvd. and those
distances seem to be adequate for standard design criteria. The four specific lots that
are on the frontage of St. Mary’s Blvd. are to be restricted in regard to driveway access
to the new proposed road and not to St. Mary’s Blvd. (lots 1, 15, 16, and 25). St. Mary’s
Blvd. is a connecting road form Missouri Blvd. to Dix Road, serving primarily residential
development to the east. There are some commercial properties to the west of this, but
the engineering division feels like the street should be designed to handle this additional
amount of traffic from the character of the roadway as it is today. The enginee ring
division would recommend approval of the proposal, subject to technical corrections
being addressed on documents prior to the final plat being submitted for consideration.
Mr. Wade advised one of their technical comments is to correct the ordering of the lot
numbers.
Ms. Fretwell moved and Mr. Robinett seconded a motion to recommend approval to City
Council of the proposed rezoning from C-2 General Commercial to RA-2 High Density
Residential.
The motion passed 7-0 with the following votes:
Aye: Butler, Fretwell, Michael, Quigg, Robinett, Vogt, and Young.
Nay: None
Ms. Fretwell moved and Ms. Quigg seconded a motion to approve the Preliminary
Subdivision Plat of St. Mary’s Circle Subdivision with the following conditions:
a. Address technical comments by city staff.
The motion passed 7-0 with the following votes:
Aye: Butler, Fretwell, Michael, Quigg, Robinett, Vogt, and Young.
Nay: None
Case No. P23003 – 309 & 311 Bolivar Street, Amendment to PUD Plan. Request filed
by Capital Opportunity Fund LLC, property owner, to amend the approved PUD Planned
Unit Development plan to change the number and orientation of parking spaces located
on the north side of the property adjacent to West Wall Way. The property is located on
the northeast corner of the intersection of West McCarty Street and Bolivar Street and is
described as the northerly part of Inlot No. 424, in the City of Jefferson, Cole County,
Missouri.
Mr. Barron stated the applicant is requesting an amendment to a PUD plan for the
business Three Story Coffee. The proposed amendment for this plan deals with a
portion of the parking lot located adjacent to the alley. Fire station one is located to the
north of this property across the alley. The basis of the staff recommendation on this
case is fire department concerns about impact on emergency services.
Mr. Turner spoke on behalf of the Jefferson City Fire Department. Initially, when this
request came in, the fire department was in favor of no parking due to assets and
resources that are at fire station one that are needed access to quickly in the event of an
emergency. After discussion with the property owner and developer, the fire department
agreed on two parking spots in the area. Mr. Turner shared information from previous e -
mails between city staff and Jeff Schaeperkoetter when Mr. Schaeperkoetter stated “we
will make every reasonable effort to reduce the impact on the fire department’s
operational requirements” (9/4/2020 e-mail). The fire department wants to reduce the
risk of what it will do to the fire station to get their resources in and out of the facility. Mr.
Turner advised there was no prior discussion of going from two to eight parking spaces.
Mr. Robinett asked for clarification with Mr. Turner about four parking spaces. Mr. Turner
advised the initial agreement was two parking spots total, four parking spaces (two
spaces on east, two spaces on west) were agreed upon and approved administratively
in July 2021.
Property owner Jeff Schaeperkoetter, with Capital Opportunity Fund LLC, presented the
case. Mr. Schaeperkoetter stated that he believes the fire department has the ability to
create their own egress out of their building. There are currently four parking spaces that
were approved by the city, but Mr. Schaeperkoetter believes there is room for eight
parking spaces. Mr. Schaeperkoetter advised the fire department received $30,000 a
year in lease payments for the communications tower on the property. Mr.
Schaeperkoetter suggested the fire department should use that money to build their own
access and stop depriving the property owner the right to use a public way that adjoins
their property.
Co-owner Jane Schaeperkoetter, resident at 320 Nishodse Bluff, also spoke regarding
the request. Ms. Schaeperkoetter advised there are currently four spaces that have been
striped with a concrete abutment coming out as laid out in the plans. Everything has
been done by the plan that was set up, with parking parallel to the building. The fire
department does have signs up on their property, but has not done anything more to the
alley way to show that is it a fire lane. Ms. Schaeperkoetter advised she has not seen
one time where there has been a problem with vehicles exiting at the same exact time
as a vehicle from the fire station. Ms. Schaeperkoetter believes anyone parked there
would stop and let the fire department go thru and would not pull out in front of a fire
vehicle. Ms. Schaeperkoetter advised they would like eight spaces instead of the current
four because staff currently park on the street, which takes up other parking spots for
people that want to come in and have a cup of coffee. Ms. Schaeperkoetter stated she
does not believe any reasonable person will get in the way of a boat or any other vehicle
coming out of the fire station.
Mr. Schaeperkoetter answered questions from commission members regarding business
hours, a possible future Air B&B in the upper level, and parking available in the area. Mr.
Schaeperkoetter stated Mayor Tergin advised she asked the engineering department to
engineer an exit on city property so the fire department wouldn’t have to use W. Wall
Way. The mayor indicated to Mr. Schaeperkoetter that it would cost too much. With
respect to the signage recommended during the last P&Z action on this request, Mr.
Schaeperkoetter stated he feels it should be the employer’s decision and not the city’s
decision on how they manage parking off the alley.
Mr. Turner advised there are two water craft boats that are housed in fire station one that
are pulled by a three-quarter or one-ton truck. The station also houses the central air
that fills the bottles that firefighters wear on their backs for firefighter operations; large
apparatus routinely pull to the back to fill up central air lines. The concern is about
increased traffic in the area. Mr. Turner advised previous discussions specified both
sides would put up fire lane signage, the fire department has put their signs up, but the
developer and owner has not put signage up yet on his property. Mr. Turner advised the
$30,000 received from the communications tower goes to the general fund, not the fire
department directly. In response to Ms. Fretwell’s question, Mr. Turner advised the city
did look at and review an alternative route, but Mr. Turner did not have any f urther
information on this.
Mr. Barron advised the staff report and staff recommendation is contained in the packet
and the basis of the staff recommendation is the fire department concerns that have
been expressed this evening.
Ms. Fretwell moved and Mr. Vogt seconded a motion to recommend approval to the City
Council of the proposed PUD Plan Amendment. The motion failed 3-4 with the following
votes:
Aye: Fretwell, Vogt, and Michael.
Nay: Butler, Quigg, Robinett, and Young.
7. Other New Business
8. Other Business
A. Staff Updates on Prior Cases
Mr. Barron advised the pending case at City Council is the three-lot subdivision on Emily
Lane that is scheduled for a vote at the January 17th City Council meeting.
B. New Planning and Zoning Commission Members
Ms. Michael introduced herself to the commission.
Mr. Werdenhause was not present.
Adjourn. There being no further business, the meeting adjourned at 7:04 p.m.
Respectfully Submitted,
Lisa Dittmer, Administrative Assistant