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Home My Public Portal About2023-04-13 minutesMinutes JEFFERSON CITY PLANNING AND ZONING COMMISSION April 13, 2023 5:15 p.m. COMMISSION MEMBERS PRESENT ATTENDANCE RECORD Dale Vaughan, Chair 9 of 9 Penny Quigg, Vice Chair 9 of 9 Emily Fretwell 8 of 9 Treaka Young 8 of 9 Jacob Robinett (left at 7:05) 7 of 9 Bunnie Trickey Cotten 8 of 9 Shanon Hawk 8 of 9 Hank Vogt 8 of 9 Tom Werdenhause, Alternate 2 of 4 Randy Hoselton, Alternate 3 of 4 Sara Michael, Alternate 2 of 3 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 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 Widel, 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. 1. 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 flooding/stormwater 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. W ade 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.jeffersoncitymo.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 Serv 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