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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