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HomeMy Public PortalAbout2023-09-21 packetNotice of Meeting & Amended Agenda If / .,. /775 City of Jefferson Planning and Zoning Commission Thursday, September 21, 2023 — 5:15 P.M. Council Chambers, John G. Christy Municipal Building, 320 East McCarty Street Enter through 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 April 13, 2023 5. Communications Received 6. New Business/Public Hearings Case No. P23014 — 211 Commerce Drive, Rezoning from M-2 to C-2. Request filed by NAS Holdings LLC, property owner, Nick Schrimpf, authorized representative, for the rezoning of 0.45 acres from M-2 General Industrial to C-2 General Commercial. The purpose of the request is to permit a dry cleaner with a drive-thru. The property is located on the east side of Commerce Drive (Highway 179) 150 feet north of Merchants Drive and is described as part of the East Half of the Southeast Quarter of Fractional Section 3, Township 44 North, Range 12 West, Jefferson City, Missouri. (Central Missouri Professional Services, Consultant) 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. 7. Other New Business 8. Other Business A. Staff updates on prior cases B. Zoning Code Amendments Discussion C. Election of Officers 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 April 13, 2023 5:15 p.m. COMMISSION MEMBERS PRESENT Dale Vaughan, Chair Penny Quigg, Vice Chair Emily Fretwell Treaka Young Jacob Robinett (left at 7:05) Bunnie Trickey Cotten Shanon Hawk Hank Vogt Tom Werdenhause, Alternate Randy Hoselton, Alternate Sara Michael, Alternate COMMISSION MEMBERS ABSENT None COUNCIL LIAISON PRESENT Michael Lester STAFF PRESENT Eric Barron, Planning Manager Dustin Birch, Associate City Counselor Kortney Bliss, Planner Lisa Dittmer, Administrative Assistant David Grellner, Environmental Health Manager Matt Kreyling, Building Official Clint Smith, Director of Planning & Protective Services Shane Wade, Civil Engineer ATTENDANCE RECORD 9of9 9 of 9 8 of 9 8of9 7 of 9 8of9 8 of 9 8 of 9 2 of 4 3 of 4 2of3 Guests: Paul Samson with Central Missouri Professional Services (CMPS), Joyce and Jack Renick, Terry W Mobley, Amber Byrd, Shannon Denney, Pierre Backes, Marvin Hawkins, Leona Welch, Nancy Wekenborg, Shawna Parker, Sam Cornett, Karen and Roy Lueckenhoff, Bob Elkan, Ron and Donna Temme, Dan and Cindy Schumann, Leah Wide[, David and Catherine Rosell, Ed Rackers, Shannon Lage, Donnie Bexten, Harli Rhodes, Julie Lueckenhoff, Janet Valentine, Tom Bartlett, Richard Nuesbaum, M.W. Maloney, Lee Offenburger, Dave Burks, Mark Bellinger, Brett Bellinger, Randy Z Wright, Sammie Kirchner, Melinda Hartenstein, Randy Ford, Danny Green, Arthur Wood, Rebecca Wood, Dennis Lachcik, Rita Lachcik, Jenni Lang, Kevin Lang, Melvin Schulenberg, and Deborah Schulenberg. Call to Order and Introduction of Members, Ex-officio Members and Staff Chair Dale Vaughan called the meeting to order. Seven regular members and three alternates were present. A quorum was present. Designation of Voting Alternates The Chair announced that all regular members and alternate, Tom Werdenhause, 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 Ms. Quigg seconded to approve the agenda as printed. The motion passed 8-0 with the following votes: Aye: Cotten, Fretwell, Hawk, Quigg, Robinett, Vogt, Young, and Werdenhause. Nay: None 4. Approval of the Regular Meeting Minutes of March 9, 2023. Ms. Young moved and Mr. Vogt seconded to approve the regular meeting minutes of March 9, 2023 as printed. The motion passed 8-0 with the following votes: Aye: Cotten, Fretwell, Hawk, Quigg, Robinett, Vogt, Young, and Werdenhause. Nay: None 5. Communications Received Communications were received and reviewed by commission members for cases P23005 2738 Rock Ridge Road and P23010 810 El Dorado Drive. 6. New Business/Public Hearing Case No. P23005 — 2738 Rock Ridge Road, Rezoning from RS-2 to C-2 and Comprehensive Plan Amendment (Continued from March 9th Meeting). Request filed by Don Bexten, property owner, on behalf of Glenwood Equities LLC, applicant, for the rezoning of 2 acres from RS-2 Low Density (Single Family) Residential to C-2 General Commercial and a map amendment to the Comprehensive Plan. The property is located at the northwest corner of Route C and Highway 179 and is described as Lot #1 of Loesch Subdivision and part of the North half of the Northeast Quarter of the Southeast Quarter of Section 22, Township 44 North, Range 12 West, in the City of Jefferson, Cole County, Missouri. Mr. Barron stated the property is currently zoned RS-2 with one single family house currently on the property. This property was annexed into the City of Jefferson in 2008 as part of a voter approved Route C/Capital Hills annexation area. The request is to rezone the property from RS-2 to C-2 and a comprehensive plan amendment. The stated purpose of this request is to acquire the property and construct a 10,000 square foot retail building. Mr. Barron described some of the Zoning Code requirements which are reviewed by city staff during the commercial site plan review process, including setbacks standards, bufferyard and landscaping standards, parking lot lighting, and traffic and driveway review. He stated that a traffic impact analysis is triggered when new uses are expected to generate more than 100 peak hour trips, and that this development is not expected to approach an additional 100 peak hour trips. Mr. Barron advised in the annexation plan of intent in 2008, it was referenced that the interchange of Highway 179 and Route C is well suited for commercial development, which is not reflected on the future land use map of the comprehensive plan. Bob Elkin with Glenwood Equities, LLC presented the case. Mr. Elkin doesn't feel that a new retail business in this location will create any additional traffic in the area, the business will be attracting traffic that is already driving in the area. Based on the most recent survey, the grades on the site are set to the north at Southridge at 795 feet. They will be grading down to 780 feet. Mr. Elkin stated the building will be seen from Route C, but residents on Southridge will not be able to see the building. Mr. Elkin stated MoDOT has approved the driveway plans and turning radiuses meet all acceptable access for tractor trailer delivery. He stated that it is currently not possible to tie into the city sanitary system, it is currently 1,200-1,500 feet away. David Elkin stated a private sanitary sewer system will most likely be underground. The detention basin is on the far east end of the property. Exterior lighting will be LED, faced into the parking lot. Area residents were present in opposition of the request, those who spoke in opposition were: Thomas Bartlett, 2807 Rock Ridge Rd Dennis Lachcik, 2773 Southridge Ct Randall Wright, 1800 Northwood Dr Marvin Hawkins, 2830 Rock Ridge Rd Karen Lueckenhoff, 2761 Southridge Ct Debra and Melvin Schulenburg, 2765 Southridge Ct Jenni Lang, 2757 Southridge Ct Randy Ford, 1605 Fox Moor Ct Shawna Pooler, 1815 Norbert Ln Leona Welch, 2916 Rt CC Lori Nowak, 2905 Dawnwood Cir Julie Lueckenhoff, 1803 Cedar Valley Rd Aaron Kliethermes, 2822 Rock Ridge Rd Amber Byrd, 1901 Northwood Dr Concerns from residents in opposition included: excessive vehicle noise, excessive exterior lighting for the business, unsafe line of sight, traffic concerns at a blind curve nearby, increased vehicle traffic, lack of public sewer, blasting causing foundation problems, safety of an area daycare and bus stop, inadequate road infrastructure, and increased crime. Mr. Elkin addressed residents' comments and answered members questions. Dollar General uses a computer analysis database to check areas for crime statistics before deciding on a location to pursue. Mr. Elkin stated Dollar General tractor trailers generally deliver every 1-2 weeks during off peak times. Dollar General bases their decision to add additional stores in a community based on how the other stores are doing in the community. No one else spoke regarding the request; the Chair closed testimony. Mr. Barron stated the criteria for rezoning and the associated comprehensive plan amendment are listed in the staff report. Notes by staff and applicant responses are also within the packet and application materials. Mr. Barron stated that there appears to be a need for more commercial zoning in the area to serve residents of the city and that the traffic volumes of the adjacent roadways and accessibility from those roadways appears well suited for commercial development. Ms. Cotten moved and Mr. Robinett seconded a motion to approve the comprehensive plan amendment request to designate the property as Commercial on the Future Lane Use Map of the Comprehensive Plan. The motion passed 5-4 with the following votes: Aye: Cotten, Fretwell, Young, and Vogt. The chairman, Mr. Vaughan, was the tie- breaker vote. Nay: Quigg, Hawk, Robinett, and Werdenhause. Ms. Cotton moved and Mr. Robinett seconded a motion to recommend approval of the request to rezone the property from RS-2 to C-2. The motion passed 5-4 with the following votes: Aye: Cotten, Fretwell, Young, and Vogt. The chairman, Mr. Vaughan, was the tie- breaker vote. Nay: Quigg, Hawk, Robinett, and Werdenhause. A brief recess occurred. Case No. P23010 — 810 El Dorado Drive, Preliminary and Final Subdivision Plat and Preliminary PUD Plan. Request filed by F & L Properties, property owner, on behalf of Josh Lage Masonry LLC, applicant, for the following: 1. Preliminary Planned Unit Development (PUD) Plan for 8 proposed residential duplexes 2. Preliminary and Final Subdivision Plat proposing 8 lots on 3.61 acres. The property is located at approximately 160 feet north of the intersection of El Dorado Drive and Del Cerro Drive and is described as part of Outlet No. 75 in the City of Jefferson, Cole County, Missouri. (Central Missouri Professional Services, Consultant). Mr. Robinett left at 7:05 pm due to prior commitments. The chair announced that Mr. Hoselton is now eligible to vote. Ms. Cotten abstained from this case, the chair announced that Ms. Michael will be eligible to vote on this case. Ms. Bliss stated the property is zoned PUD and is currently undeveloped. The applicant is proposing to build eight residential duplexes. Paul Samson with CMPS presented the case, representing contract purchaser Josh Lage. Each unit will be a maximum of 1,500 square feet per side, brick and siding exterior, with a minimum 1 car garage per unit. The lots are a minimum of 80 feet wide with standard 10-foot side yard setbacks. Water mains, electric, telephone, and natural gas will be extended thru the area and will connect to existing services on E Elm and Del Cerro Drive. Fire hydrants will be constructed every 600 feet and street lights will be placed every 300 feet along El Dorado as required by City Code. Josh and Shannon Lage spoke regarding the request. Mr. Lage plans to purchase the property and keep the duplexes as rental property. Area residents were present in opposition of the request, those who spoke in opposition were: Jason Schulte, 101 El Dorado Joyce Renick, 1616 Del Cerro Dr Janet Valentine, 905 El Cerrito Ct Scott and Susan Randolph, 1623 Del Cerro Rebecca Wood, 1724 Del Cerro Sam Cornett, 1011 El Dorado Aaron Bruemmer, 1717 Del Cerro Ron Temme, 1745 Del Cerro Suzanne Schneider, 1720 Del Cerro Rolanda Schulte, 1001 El Dorado Terry Mobley, 1619 Del Cerro Concerns from those in opposition include: increased crime, increased traffic, parking problems, noise, decreased property values, pedestrian safety, and flood ing/stormwate r issues. Mr. Samson addressed the resident's concerns. Mr. Samson reminded everyone that this property previously was the subject of a Missouri Housing Development Cooperation housing project. The previous proposal was for a 48-unit apartment complex. Each unit will have a single car or two car garage and driveway, which will provide 3-4 spaces per unit for off street parking. Josh and Shannon Lage also responded to concerns. The Lage's plan to keep the properties maintained and in good condition. Tenants will be allowed small pets, fencing will be installed at the rental properties. No one else spoke regarding the request; the Chair closed testimony Ms. Bliss stated the total acreage for the Dogwood Park Subdivision will be 3.71 acres. The proposed setbacks follow the 25' front, 10' side, and 25' rear requirements specified. Mr. Wade stated public infrastructure including stormwater facilities and sanitary sewer facilities are existing in the vicinity. El Dorado Drive is an existing thru roadway from Bald Hill Road to E. Elm Street. The engineering division will recommend prohibition of parking on the east side of El Dorado to provide adequate space for parking on the west side. Stormwater will be directed to El Dorado Drive. The engineering department will take a closer look at the culvert that goes under El Dorado Drive and the detention basin and the culvert to make sure everything is functioning properly. A five -foot -wide sidewalk with three-foot green space will be required on El Dorado Drive. Mr. Hoselton moved and Mr. Vogt seconded a motion to recommend approval of the Preliminary PUD Plan and Preliminary and Final Subdivision Plat of Dogwood Park Subdivision with the following condition: 1. Address technical comments of city staff. The motion passed 8-0-1 with the following votes: Aye: Fretwell, Hawk, Quigg, Young, Vogt, Werdenhause, Hoselton, and Michael. Nay: None Abstain: Cotten A brief recess occurred. Case No. P23011 — 2900 Block of Route CC, Rezoning from RU to RS-2 and Preliminary Subdivision Plat. Request filed by Dave Burks Construction, LLC, property owner, for the following: 1. Rezoning of 22.51 acres from RU Rural to RS-2 Low Density (Single Family) Residential. 2. Preliminary Subdivision Plat consisting 26 lots. The property is located 500 feet north of the intersection of Route CC and Fox Moor Court and is described as part of the Southeast Quarter of the Southeast Quarter of Section 22 and part of the Southwest Quarter of the Southwest Quarter of Section 23, all in Township 44 North, Range 12 West, in the City of Jefferson, Cole County, Missouri (Central Missouri Professional Services, Consultant). Ms. Bliss stated the property was annexed into the City of Jefferson in 2008, is currently undeveloped and zoned RU Rural. The property is 22.51 acres, the applicant is requesting a rezoning and Preliminary Subdivision Plat which would create 26 lots with the intent for single family dwellings. The subdivision will be named Edwards Ridge Subdivision with a new street proposed to be named Bobby Court coming off Route CC running east. A 200-foot variance is also requested from the maximum 800 feet to permit a 1,000 feet cul-de-sac. The applicant is proposing a sidewalk on the south side of Bobby's Court and no parking on the north side of Bobby's Court. Paul Samson with CMPS, representing property owner Dave Burks presented the case. Mr. Burks recently purchased the property and is proposing to build upper end single family custom homes. MoDOT has approved the location of the street intersection stating it meets the site distance requirements. Drive access for three lots on Route CC will be subject to MoDOT permitting. There are existing water mains in the area along Route CC, Public Water District #2 advised this main will be sufficient to handle demands for this subdivision. Street lights and fire hydrants will be on site per City Code requirements. Leona Welch, property owner of 2912 and 2916 Route CC, and Lee Offenburger, resident at 3009 Route CC, spoke in opposition of the request. Concerns include speeding in the area, accidents, and increased traffic. No one else spoke regarding the request; the Chair closed testimony. Ms. Bliss stated the applicant and staff have provided review criteria and responses in the packet regarding the rezoning. A traffic impact study is not required since the development is less than 75 lots. Mr. Wade stated storm water quality is proposed at the eastern portion of the subdivision, the facility for storm water detention will be on a separate tract that includes all weather access to Bobby Court. Sewer is proposed to be extended from the southeast of the property and the neighboring subdivision. Additional sewer easements have been provided thru the subdivision for future access for adjacent properties. Mr. Hoselton moved and Mr. Vogt seconded a motion to recommend approval to City Council the rezoning of 22.51 acres from RU Rural to RS-2 Low Density (Single Family) Residential. The motion passed 8-0 with the following votes: Aye: Cotten, Fretwell, Hawk, Quigg, Vogt, Young, Werdenhause, and Hoselton. Nay: None Ms. Cotten moved and Mr. Hoselton seconded a motion to approve a 200-foot variance from the maximum cul-de-sac length of 800 feet to permit a cul-de-sac length of 1,000 feet. The motion passed 8-0 with the following votes: Aye: Cotten, Fretwell, Hawk, Quigg, Vogt, Young, Werdenhause, and Hoselton. Nay: None Mr. Vogt moved and Ms. Quigg seconded a motion to approve the Preliminary Subdivision Plat of Edward's Ridge Subdivision with the following conditions: a. Address technical comments of city staff. The motion passed 8-0 with the following votes: Aye: Cotten, Fretwell, Hawk, Quigg, Vogt, Young, Werdenhause, and Hoselton. Nay: None Case No. P23012 — Text Amendment to Chapter 3 of Jefferson City Code, Pertaining to Temporary Signage. Request filed by city staff to amend the text of Chapter 3, Advertising and Signs, pertaining to temporary signage. 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: https://www.ieffersoncitymo.gov/government/planning/planning and zoning commissio n.php Mr. Kreyling stated there are three changes that are being proposed to the City Code. Currently, advertising flags are prohibited in the City of Jefferson, this change will allow one commercial advertising flag per property, per frontage. The maximum height for these flags is 12 feet. This change only applies to commercial and industrial districts. Currently, commercial yard signs for commercial advertising is not allowed. This change to the code will allow one commercial yard sign per business or tenant space. In a multi - tenant location, each business will be allowed one sign. The maximum size of these signs is five feet. This change only applies to commercial and industrial districts. Apartment developments, churches, schools, cemeteries, government owned or operated buildings in residential zones are allowed temporary banners or larger signs to advertise events. This change will increase the sign size from 25 square feet to 32 square feet. This proposed code amendment was initiated by city council members and has been approved by the Public Works and Planning Commission. No one else spoke regarding the request; the Chair closed testimony. Ms. Hawk moved and Mr. Hoselton seconded a motion to recommend approval to the City Council the Chapter III Text Amendment. The motion passed 7-1 with the following votes: Aye: Cotton, Fretwell, Hawk, Robinett, Young, Werdenhause, and Hoselton. Nay: Quigg 7. Other New Business Case No. P23013 — 2700 Block of East McCarty Street, Final Subdivision Plat. Request filed by Renk & Jordan LLC, property owner, for a Final Subdivision Plat to create a proposed 3 lots out of property consisting of 1.10 acres and zoned RA-2 High Density Residential. Duplexes are the proposed land use. The property is located 374 feet west from the intersection of East McCarty Street and St. Louis Road and is described as Part of private Survey No. 2701 in the City of Jefferson, Cole County, Missouri. (Central Missouri Professional Services, Consultant) Ms. Bliss stated the property is zoned RA-2 High Density Residential. The request for a Final Subdivision Plat would divide 1.10 acres to create three new lots. Sidewalk construction will be required for the lot that fronts St. Louis Road. No traffic study is required on this project. Mr. Barron stated notifications were sent out regarding this subdivision to property owners within 185 feet. Mr. Samson with CMPS, representing property owner Renk & Jordan, LLC presented the case. The intent is to develop duplexes on the three lots. One lot is on St. Louis Road and two lots front E. McCarty St. No one else spoke regarding the request; the Chair closed testimony Ms. Bliss stated sidewalk exists along East McCarty Street, sidewalk construction will be required for the lot that fronts St. Louis Road. The final plat appears to meet all applicable requirements of the City Code and staff recommends approval of the plat. Mr. Wade stated public infrastructure does exist in the vicinity, including street lights, fire hydrants, utilities, and sanitary sewer all seem to be in place. During construction on E. McCarty Street, turnarounds for future driveways will be requested so that vehicles will not have to back out onto E. McCarty Street. The engineering division recommends approval, subject to technical comments. Mr. Hoselton moved and Ms. Young seconded a motion to recommend approval to City Council the Final Subdivision Plat of McCarty View Subdivision with the following condition: a. Address technical comments of city staff. The motion passed 8-0 with the following votes: Aye: Cotton, Fretwell, Hawk, Quigg, Robinett, Young, Werdenhause, and Hoselton. Nay: None 8. Other Business A. Staff Updates on Prior Cases Mr. Barron stated four cases have been introduced and are scheduled for public hearing at the April 17th City Council meeting: the truck stop on Algoa Road and affiliated pylon sign, the four plex on N. Ten Mile Drive, and the Aire Sery building on Schotthill Woods Drive. B. Subdivision Plat Public Notification Procedures Mr. Barron stated staff is still in the process of discussing notification procedures and will bring an update to a future meeting. Members discussed the possibility of having additional meetings when needed to shorten the meetings when necessary. Mr. Barron stated long meetings are rare and can be hard to gage and having more than one monthly meeting will increase staff workload. If long meetings become more routine, having more meetings may be a more valid point to consider by the body. Adjourn. There being no further business, the meeting adjourned at 9:43 p.m. Respectfully Submitted, Lisa Dittmer, Administrative Assistant Jefferson Uvj� Manno'ng Rz Zonhg Comm'Ms'Mn Septembeh' 2 Li, 20 %3) Case G"oo P23014 211 Commerce Drove NAS Holdings LLC Rezoning from M-2 General Industrial to C-2 General Commercial City of Jefferson Planning and Zoning Commission VICINITY L--j y T Z IW.TRUMAN,gL.VD 3 W.TRUM'AN-BL-V•D�/ND . USTR/AC` R AND US.T Rlq� DR n I x o 0 w w -- ---- PLAZA oR—PLAZA DR I 0 O H �-ME w ER HgNTS pR M ERCHANTS DR _ m STERN//�G_p o �J F RD i I e � x a e W _U e U J � � m a ElLU O z m LL O J O w F y I m Case No. P23014 211 Commerce Drive Rezoning from M-2 to C-2 0 130 260 520 Feet N W E S City of Jefferson Pinning & Zoning Commission LOCAT�ON MAP t j PLAZA DR= ° a r ' TT \ � - L TZ- }CO Case No. P23014 211 Commerce Drive Rezoning from M-2 to C-2 0 30 60 120 Feet N W + E S PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION September 21, 2023 Case No. P23014 — 211 Commerce Drive, Rezoning from M-2 to C-2. Request filed by NAS Holdings LLC, property owner, Nick Schrimpf, authorized representative, for the rezoning of 0.45 acres from M-2 General Industrial to C-2 General Commercial. The purpose of the request is to permit a dry cleaner with a drive-thru. The property is located on the east side of Commerce Drive (Highway 179) 150 feet north of Merchants Drive and is described as part of the East Half of the Southeast Quarter of Fractional Section 3, Township 44 North, Range 12 West, Jefferson City, Missouri. (Central Missouri Professional Services, Consultant) Nature of Request A rezoning has been requested for a 0.45 acre parcel in order to change the current M-2 General Industrial zoning to a C-2 General Commercial zoning designation. The purpose of the request to permit a dry cleaning business with a drive-thru as such use is only permitted in the C-1, C-2, and C-3 zoning districts. Permitted future uses of the property would be those outlined for the C-2 zoning district as detailed in Section 35-28 of the Zoning Code. Review and Approval Process: In accordance with the City Code, rezoning requests are reviewed by the Planning and Zoning Commission. The Planning and Zoning Commission makes a recommendation to the City Council and City Council comes to a final decision. Zoning and Surrounding Land Use Current Zoning: M-2 Requested Zoning: C-2 Current Use: Contractor Trade Shop Intended Use: Dry Cleaner with Drive-Thru Surrounding Zoning Surrounding Uses North C-2 Office, Restaurant, Retail South M-2 Contractor Trade Shop East M-2 Wholesale, Office West C-2, RS-1 Vacant Commercial, Undeveloped Rezoning Analysis Below are review criteria for rezoning requests per Section 74.13.4. Review Criteria Yes No Notes: The existing zoning was in error at the time of X The area has many industrial and adoption. commercial uses. The property rests at the edge of the industrial zoning; with adjacent commercial zoning to north. There has been a change in character in the area due X The rezoning request would support the to installation of public facilities, other zone expansion of commercial services/retail; changes, new growth trends, neighborhood including businesses which host a drive - deterioration, or development transitions. thru option. The property's access and visibility from Highway 179 makes it an ideal location for commercial use. There is a community need for the proposed X The zoning change would position the rezoning. property to be able to contain more retail sales and service oriented uses, including a dry cleaner. Review Criteria Yes No Notes: The proposed change is consistent with, and in X The rezoning to a commercial zoning as furtherance of, the implementation of the goals and what exists adjacent to the north of the policies of the comprehensive plan, other adopted property appears to align with goals and plans, and the policies, intents and requirements of intent of the adopted comprehensive plan this ordinance and other City regulations in that it would cater to the community's and guidelines. quality of life by creation and stabilization of robust commercial and employment centers in addition to vigorous growth. The proposed zoning is compatible with the zoning X A change in designation to general and uses of property nearby. commercial zoning should be compatible with the mixture of commercial activity adjacent to the north. Public and community facilities, which may include, X Public facilities necessary to serve the use but are not limited to, sanitary and storm sewers, appear to be sufficient. Site uses need to water, electrical service, police and fire protection, conform to all applicable requirements, schools, parks and recreation facilities, roads, inspections, permitting, and etc. libraries, and solid waste collection and disposal, are available and adequate to serve uses authorized under the proposed zoning. A traffic impact analysis has been provided to A dry cleaning business with a drive-thru indicate the potential number of new trips generated is anticipated to generate a low amount of and provisions are provided to mitigate impacts of traffic. A traffic analysis is not required. high traffic -generating ro'ects. Authorized uses shall not adversely affect the X Authorized uses of the C-2 zoning district capacity or safety of the street network in the are anticipated to have a minimal affect on vicinity of the property. the street network capacity and safety. Many commercial and industrial uses are located along streets within the area, including Commerce Drive. Potential environmental impacts (e.g., excessive X Environmental impacts of the rezoning are storm water runoff, water pollution, air pollution, expected to be low. Substances to be used noise pollution, excessive lighting, or other for the business are reported to be environmental harms) of authorized uses shall contained within the building. The use be mitigated. must abide by all applicable requirements relating to environmental impact. There is an adequate supply of land available in the X A site plan containing the structure subject area and the surrounding community to currently on the site was approved in 2007. accommodate the zoning and community needs. Any adjustments to the use would need to be reviewed and operated in adherence to the City Code. Rezoning Recommendation - Staff Analysis Amendments to the zoning map "may be beneficial from time to time to better achieve the goals of the comprehensive plan and to more effectively provide for growth in a manner that is consistent with the comprehensive plan." (Section 35-74.13.1). Rezoning a 0.45 acre property from M-2 General Industrial zoning to C-2 General Commercial would promote goals and intentions of the adopted comprehensive plan. Uses authorized in the C-2 zoning district would be compatible with many of the service and retail operations in the area. Uses carried out on the site must be reviewed and function in accordance with the City Code. Form of Motion Motion to recommend approval of the rezoning of a 0.45 acre property addressed as 211 Commerce Drive from M-2 General Industrial to C-2 General Commercial. City of Jefferson Department of Planning & Protective Services 320 E. McCarty Street Jefferson City, MO 65101 Phone: 573-634-6410 JCPlanninq(&)jeffersoncitymo.ciov www.jeffersoncitymo.gov APPLICATION FOR ZONING AMENDMENTS 1. The undersigned hereby petitions the Planning and Zoning Commission and City Council of the City of Jefferson, Missouri, for the following amendment to the Zoning Code: ❑✓ Map Amendment Text Amendment (Include description of proposed text amendment) Property Address: 211 Commerce Drive 2. Applications for Map amendments shall include a location map and legal description. 3. This petition requests to rezone the above described real estate from its present classification of M-2 district to C-2 district. The purpose of this rezoning request is to: Allow for a Dry Cleaner with a Drive-Thru use of the property. 4. Filing fee: Map Amendment = $650. Text Amendment = $450. 5. Required Findings: Applicant responses to the required findings shall be noted in Addendum A and vary based on type of request. Q-i6_ Co — cod U) ofo W - o r, OcoO� WZNo�n ,g i- ULL C Cw QUO =). c haw o Un.N } F UEU) Cr 6 OE 32 UU The undersigned certify to be all of the owner(s) of the above described property and that the submitted information (including all attachments to this application) is true and correct. (All owners of this property must,sign and the signatures must be notarized). roperty Owner S­igPatu Property Owner Signature Nick Schrimpf Printed Name/Title (type or print) Printed Name/Title (type or print) Subscribed and sworn before me this :3/ 5f day of A Vqy5� �23 (� U Notary Public For City Use Only: (Revised July 1, 2018) Application Filing Fee: Map Amendment = $650 ($450 + $200 Advertising Fee) Text Amendment = $450 ($250 + $200 Advertising Fee) Application Filin Fee Received: Cash (receipt #� Check (copy; check # ) Attachments: Addendum A ❑ Map _nApplicant/Project Information Sheet 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. Page 1 of 6 Jefferson City Zoning Amendment Application Addendum A — Review Criteria To be used to support zoning amendment requests. (Section 35-74.B.4) Property Address 211 Commerce ®rive Applicant Name BIAS Holdings LLC (poc nick Schrimpf) Provide responses to the following required findings by selecting all criteria that apply to your request. State all reasons for your answer and use additional pages to complete your answer if necessary. A. The existing zoning was in error at the time of adoption. Explain. Per City Staff, this area was assigned the zoning as it exists today through a bulk zoning action, which best fit the uses of the properties at that time. The way the area has developed and given the amount of traffic on Highway 179 / Commerce Drive, the frontage lots might be a better fit for a C-2 zoning designation and this property would apply to that thought. B. There has been a change in character in the area due to installation of public facilities, other zone changes, new growth trends, neighborhood deterioration, or development transitions. Explain the change and be specific on which public facilities, other zone changes, new growth trends, neighborhood deterioration, or development transitions that effected the change. As mentioned in item A, the traffic volumes and commercial developments on these frontage properties in this area; to include the neighbor, Sonic, would better fit a C-2 zoning. C. There is a community need for the proposed rezoning. (i.) What will the proposed zoning be? C-2 (ii.) Why does the community need this zoning? The owner is providing a Dry Cleaning Service. Currently, there are no dry cleaners in this area of Jefferson City and the closest location is the owner's current location on Dix Road, from which they are relocating from. D. The proposed change is consistent with, and in furtherance of, the implementation of the goals and policies of the Comprehensive Plan, other adopted plans, and the policies, intents and requirements of this Ordinance and other City regulations and guidelines. Given that the neighboring property is Zoned C-2, this should be consistent with the Comprehensive Plan and other items listed above. Page 2 of 6 E. The proposed zoning is compatible with the zoning and uses of property nearby. Property North - Yes, Zoned C-2 Property south - Yes, Could be a C-2 use Property East— Yes, Zoned M-2 Property West— Highway 179 R/W F. Public and community facilities, which may include, but are not limited to, sanitary and storm sewers, water, electrical service, police and fire protection, schools, parks and recreation facilities, roads, libraries, and solid waste collection and disposal, are available and adequate to serve uses authorized under the proposed zoning. List public and community facilities available on the site. All Public and community facilities and services are available and adequate to serve the site. G. A traffic impact analysis has been provided to indicate the potential number of new trips generated and provisions are provided to mitigate impacts of high traffic -generating projects. (See Section 35-60.Traffic Impact Analysis regarding vehicle trip thresholds and traffic impact analysis requirements) The ITE Trip Generation Manual does not have a direct use for a Dry Cleaners, but it is typically mixed in with a multi -use development and is considered a low impact use. H. Authorized uses shall not adversely affect the capacity or safety of the street network in the vicinity of the property. (i.) Describe the proposed use. Dry Cleaner with Drive Thru Drop -Off / Pick -Up (ii.) Will the proposed use adversely affect the capacity or safety of the street network in the vicinity of the property? Why/why not? No, the MODOT has approved the existing entrance location. I. Potential environmental impacts (e.g., excessive storm water runoff, water pollution, air pollution, noise pollution, excessive lighting, or other environmental harms) of authorized uses shall be mitigated. List any potential environmental impacts and how they will be mitigated. Potential environmental impacts include the storage of chemicals used in the dry cleaning process. These will be safely stored inside the building and would not pose any risk. J. There is an adequate supply of land available in the subject area and the surrounding community to accommodate the zoning and community needs. This is an existing developed area and it currently meets the needs of the community. K. Benefits shall be derived by the community or area proposed to be rezoned. List the benefits of the proposed rezoning. Benefits include providing a convenient location for a dry cleaner in a area of the the City which lacks this service. Page 3 of 6 City of Jefferson Department of Planning & Protective Services 320 E. McCarty Street Jefferson City, MO 65101 September 12, 2023 Dear Property Owner: Ron Fitzwater, Mayor Clint Smith, AICP, Director Phone: 573-634-6410 Fax: 573-634-6457 This letter is to notify you that the Jefferson City Planning and Zoning Commission will meet at 5:15 p.m. on Thursday, September 21, 2023 in the Council Chambers of the John G. Christy Municipal Building, 320 East McCarty Street to consider the following matters (see map on back): Case No. P23014 — 211 Commerce Drive, Rezoning from M-2 to C-2. Request filed by NAS Holdings LLC, property owner, Nick Schrimpf, authorized representative, for the rezoning of 0.45 acres from M-2 General Industrial to C-2 General Commercial. The purpose of the request is to permit a dry cleaner with a drive-thru. The property is located on the east side of Commerce Drive (Highway 179) 150 feet north of Merchants Drive and is described as part of the East Half of the Southeast Quarter of Fractional Section 3, Township 44 North, Range 12 West, Jefferson City, Missouri. (Central Missouri Professional Services, Consultant) As a nearby landowner and/or neighbor, you are being provided notice of this hearing. Unfortunately, we are unable to record comments received by telephone, however, written comments may be directed to the Planning and Zoning Commission in one of the following ways: e-mail: JCPlanning@jeffersoncitymo.gov fax: Dept. of Planning and Protective Services / Planning Division 573-634-6457 mail: Dept. of Planning and Protective Services / Planning Division John G. Christy Municipal Building, 320 E. McCarty Street Jefferson City, MO 65101 Written comments received on or before 1:00 p.m. on the day of the meeting will be made a part of the official record and copied and distributed to Commission members at the meeting. Those unable to provide written comments in advance are invited to deliver their comments to the Commission Chairman only at the meeting. Correspondence received after 1:00 p.m. on the day of the meeting will be included in the official record, but there is no guarantee that copies will be made for distribution to all Commission members. For your information, this case is tentatively scheduled for a public hearing in front of the City Council on October 16, 2023. The City Council meets at 6:00 p.m. in the Council Chambers of the John G. Christy Municipal Building, 320 East McCarty Street. Information regarding this case may be viewed on the Planning and Zoning Commission webpage at: https://www.ieffersoncitymo.gov/qovernment/planning/planning and zoning commission php Please contact the Planning and Zoning Division via phone at 573.634.6573 with pertinent questions. Best Regards, A It Kortney liss Planner 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. Case No. P23014 211 Commerce Drive Rezoning from M-2 to C-2 185 ft. Notification Buffer N W + E S 0 105 210 420 630 840 Feel U) n x c m MA IV ST � D O 'D m W rRUMAIV SLVD I Np(jSrRIA� pR rn n � O O F- W PLAZA DR 0 W to w LU toW a IL U x O C9 p W Z J O J W F- U) SCHELLRIDGE RD W SCHELLRIDGE RD Jefferson City Planning & Zoning Commission Page 1 Property Owners List P23014 211 Commerce Drive 09/21/2023 CONSERVATION COMMISSION OF THE STATE OF MO 2901 W TRUMAN BLVD WOODMAN, JAMES W JEFFERSON CITY MO 65109 DBA WOODMAN ENGINEERING INC 2901 W TRUMAN BLVD MO 65109 217 COMMERCE DR JEFFERSON CITY MO 65109 DULLE, J L L C 217 COMMERCE DR MO 65109 3319 COUNTRY CLUB DR JEFFERSON CITY MO 65109-1028 2743 MERCHANTS DR MO 65109 2737 MERCHANTS DR MO 65109 GORDON BROTHERS L L C; GORDON BUILDERS INC 2509 MISSOURI BLVD #A JEFFERSON CITY MO 65109 120 COMMERCE DR MO 65109 LENEVE, JOANN & DON B TRUSTEES C/O UMSTATTD 201 S ORANGE ST BUTLER MO 64730 201 COMMERCE DR MO 65109 M T T PROPERTIES L L C 21517 CAVE SPRINGS RD JAMESTOWN MO 65046 2733 MERCHANTS DR MO 65109 N A S HOLDINGS L L C 4023 WARDSVILLE RD JEFFERSON CITY MO 65101 211 COMMERCE DR MO 65109 SHIPLEY, GEORGE & DELORES 2607 SCHELLRIDGE RD JEFFERSON CITY MO 65109 2732 MERCHANTS DR MO 65109 T R B PROPERTIES L L C 5117 EDINBURGH WAYE JEFFERSON CITY MO 65101 2729 PLAZA DR MO 65109 00`�9 plannong 3 1onha CGMM000o051 ept(3-mbar 219 2020 O�hsv B ush,18000 Zoning Code Amendment Discussion City Staff 1. Drive Through Lanes 2. Mini Storage Warehouses 3. Marijuana Related Uses Drive Through Lanes Districts: Drive through Restaurants are a permitted use in the C-2 and M-1 districts. Other drive through uses are permitted in the C-O, C-1, C-2, C-3, and M-1 districts. Drive through uses are regulated by Specific Use Standards found in Section 35-41.B.8. These standards include: - 40' Setback from street line. - 20' Setback from property line. - 20' turn radius within drive through lane. - Stacking space requirements based on use. (see attached code excerpt) - Order box noise mitigation from adjacent residential uses. - Not located in front yard area. Problem: - Since 2010, four variances from the drive through lane standards have been requested (and all approved) through the Board of Adjustment. o B10001— Warwick Village — 20' variance from property line setback and 20' variance from street line setback. o B12008 — 2111 Missouri Blvd. — 7' variance from property line setback. o B13009 — 3124 S. Ten Mile Dr. (McDonalds) — 6' variance from property line setback, o B15002 — 2215 Missouri Blvd. (We B Smokin) — 19'variance from property line setback. - Drive through uses are becoming more prevalent and popular. Restaurants are increasingly being designed around the drive through lane. The 20' setback standard can create a fairly large strip of unusable commercial real estate in areas where drive through uses are common and expected, and can compress the remaining site elements. Dual drive through lanes are also becoming common, with a larger percentage of sites being dedicated to drive through lane stacking. - The 20' radius requirement is greater than any other Jefferson City traffic circulation design standards and radius of less than 20' are common at new drive through uses in other cities. Comparison with other Cities: - Lees Summit o Does not have setback requirements. 0 100 feet separation and screening from residential uses. - Ofallon o Plan review is by P&Z Commission o No setback requirements listed. - Columbia 0 15 feet setback from right-of-way lines o No other setbacks from property lines o No turn radius requirement o Requires a by-pass lane - Blue Springs o No setback or turn radius requirements. - Chesterfield o No standards other than stacking space requirements Key Discussion Points - There have been 4 approved variances from the 20' drive through lane setback from property line standard. Is this an appropriate standard to keep in place? - The 20' radius requirement for turns within drive through lanes is a higher turn radius than required elsewhere on sites and can be difficult to accommodate in site design. Is the 20' radius requirement appropriate? Mini -Storage Warehouses Districts: Outdoor Mini -Storage uses are a Permitted use of the M-1 and M-2 districts and require Conditional Use Permit review in the C-2 district. Outdoor Mini -Storage uses are regulated by Specific Use Standards found in Section 35-41.13.15. These Specific Use Standards Include: - Fencing/Screening six feet in height around the perimeter of site except front. Rear of buildings can qualify as screening. This serves a dual purpose of security and minimizing the visual impact of the use. - Internal driveway widths of 30' where units open on both sides of isle, 26' for units on single side. - 2 parking spaces for staff plus one space per 200 units. The parking requirement envisions an on - site office. - Vehicle access limited to one driveway per street abutting the property. - Various standards regarding storage of vehicles, including screening, operational vehicles only. - Performance standards, including that commercial activity, storage of hazardous materials, and extensive vehicle repair is prohibited. Problem: - Since 2010, four cases involving mini -storage uses have been heard by the Board of Adjustment. o B16006 — 2527 E. McCarty Street — Conditional Use Permit and 6' variance to 24' drive lane width (units on one side). Approved. o B19001— Conditional Use Permit and 5' variance from 25' front setback. Approved. o B22007—Conditional Use Permit, 5'variance from 30' driving lane width standard and partial variance from screening fence standard. Approved. o B22009 — Permitted use for the M-1 zoning of the property. 5' variance from 30' driving lane width, variance from one driveway per frontage access standard, variance from parking space requirement, partial variance from the fence standard. Approved except parking space requirement. - Variances from the driving lane width standard are common. In discussion during variance proceedings, applicants state that the 30' standard is wider than necessary to accommodate vehicle parking and circulation. Mini -storage uses in Jefferson City do not typically have an on -site office. Parking regulations associated with the office or customer parking are difficult to justify, and parking is typically within the lanes serving the units. - A majority of mini -storage uses are proposed within the commercial districts. As the use is listed as a conditional use in the C-2 district, conditional use permit requests for the use are fairly common. Special review of such uses in commercial districts appear to be common in other cities. Comparison with other Cities: - Lees Summit o Requires special permit. o Requires screening in non -industrial districts - Ofallon o Permitted in industrial districts, conditional use in Commercial. o No standards found. - Columbia o Permitted in Industrial and Controlled Industrial, conditional use in Mixed Downtown district. o Required screening when adjacent to residential district. o Height maximum of 14 feet, with conditional use review for taller buildings. - Blue Springs o Permitted use in industrial districts. Conditional use in Regional Commercial district. o No standards found. - Chesterfield o Permitted use in the LI district, requires review in the Planned Commercial and Planned Industrial Districts. o No standards found. Key discussion points: - There have been multiple variances from the drive isle width requirement. Is the 30' drive isle width standard appropriate? - The required parking spaces are often an afterthought on site development plans, as developers are not anticipating that parking would be necessary. Is the parking space requirement appropriate? - Conditional Use permit applications for Mini -storage uses in the C-2 district are one of the more common application types before the Board of Adjustment, and the use is becoming a typical use in the C-2 district. Other cities are shown to have similar special review processes in place as Jefferson City for this type of use. Is conditional use permit review for mini -storage uses in the C-2 district still appropriate? - The limiting of driveway accesses for a specific use is uncommon in the zoning code, and not found in other cities code for this type of use. Is the driveway/access limit of one per street frontage appropriate? - Some other cities require a screening fence only in commercial districts and when adjacent to residential districts. Are the fencing/screening standards appropriate? Marijuana Related Uses Problem: With the passage of Amendment 3, comprehensive marijuana dispensary facilities (selling both medical and recreational marijuana) and microbusiness dispensary facilities (selling recreational marijuana) are legal business uses within the State of Missouri in addition to medical marijuana facilities previously approved by Missouri voters. Medical Marijuana Facilities (including dispensary, cultivation, infused product manufacturing, testing and transportation facilities) are specifically identified within the Jefferson City Zoning Code as permitted uses within certain districts, but the recreational sales varieties of Microbusiness and Comprehensive facilities are not. Analysis: Medical Marijuana Facilities (including dispensary, cultivation, infused product manufacturing, testing and transportation facilities) are listed within the Jefferson City Zoning Code as follows: Medical Marijuana Dispensary Facility— Permitted use in C-2 district. Medical Mariivana Cultivation Facility— Permitted use in M-1 and M-2 districts. Medical Mariivana Infused Products Manufacturing Facility— Permitted use in M-1 and M-2 districts. Medical Marijuana Testing Facility— Permitted use in C-2, M-1, and M-2 districts. Medical Marijuana Transportation Facility — Permitted use in C-2, M-1, and M-2 districts. Specific use standards (contained within Section 35-41.13.36 of the Zoning Code) require a separation distance of 1,000 feet between any such facilities and existing schools, child day care centers, and churches. Dispensary facilities are a retail use, and similar in terms of traffic generation and impact to other uses that are permitted in the C-2 district. Missouri State law does not provide for the ability to distinguish between medical, comprehensive, and microbusiness uses at the local level with respect to land use regulations. Recommendation: Update the zoning code to remove "Medical" designations so that the zoning regulations in place (permitted districts and specific use standards) apply to all marijuana oriented uses permitted under state law.