HomeMy Public PortalAbout20110308minutesMINUTES
JEFFERSON CITY BOARD OF ADJUSTMENT
March 8, 2011
7:30 a.m.
BOARD MEMBERS PRESENT
Paul Graham
William Luebbert
Kevin Meinhardt, Chairman
Drew Hake, Alternate
Stacey Young, Alternate
BOARD MEMBERS ABSENT
Robert Dallmeyer, Jr.
Wilma Partee, Vice Chairman
Glenn Bonner, Alternate
COUNCIL LIAISON PRESENT
David Griffith, City Council Liaison
ATTENDANCE RECORD
1 of 1
2of3
2of3
3of3
2of3
ATTENDANCE RECORD
2of3
2of3
1 of 3
STAFF PRESENT
Charles Lansford, Assistant to the Director of Community Development
Janice McMillan, Deputy Director of Planning & Transportation Services
Drew Hilpert, Associate City Counselor
Eric Barron, Senior Planner
Anne Stratman, Administrative Assistant
1. Call to Order and Introduction of Members, Ex -Officio Members and Staff
Chairman Meinhardt called the meeting to order and introduced Board members and staff.
Board procedures were explained. Chairman Meinhardt asked if there were any Board members
who would not participate in any of the hearings scheduled. A quorum of five (5) members was
present to hear the items on the agenda. All regular members and alternates Drew Hake and
Stacey Young were designated to vote.
Procedures Explained
The following documents were entered as exhibits for all items under consideration at this
meeting:
1. The City Code of The City of Jefferson
2. The Comprehensive Plan and Land Use Map
3. Copies of applications under consideration
4. The affidavit of publication of notice of the public hearing
5. A list of property owners to whom notice of the hearing was sent
6. Copies of drawings and plans under consideration
7. Staff reports and minutes of proceedings
8. Photographs received
9. Correspondence from adjoining property owners and the public
10. Memos from City staff
11. Rules of Procedure, Jefferson City, Missouri Board of Adjustment
Staff advised that items received at the hearings become the property of the Board of Adjustment.
3. Adoption of Agenda
Ms. Young moved and Mr. Hake seconded to adopt the agenda as printed. The motion passed
5-0 with the following votes:
Aye: Graham, Hake, Luebbert, Meinhardt, Young
4. Approval of Minutes for the Regular Meeting of February 8, 2011
Mr. Hake moved and Mr. Luebbert seconded to approve the minutes as written.
Minutes/Jefferson City Board of Adjustment
March 8, 2011
Page 2
Ms. McMillan requested that a clarifying statement be put in the minutes of this meeting
pertaining to the procedures of last meeting. She explained that four (4) Board members were
present at the February 8, 2011 meeting. Ms. McMillan stated that Mr. Barron consulted with the
Applicants and they elected to proceed with the hearing. She explained that was not announced at
the meeting.
Mr. Barron clarified that he did discuss the options with the Applicants prior to the meeting and
they elected to proceed with four (4) members present.
The motion passed 4-0 with the following votes:
Aye: Graham, Hake, Luebbert, Young
Abstain: Meinhardt
Communications Received
Correspondence was received for Case Number 811005.
6. New Business — Public Hearing
Case No. 811005 — 910 Eastland Drive, Conditional Use Permit. Application filed by DeAnn
Barton, authorized representative, Missouri Credit Union, property owner, for a conditional use
permit to erect an on -premise time and temperature sign on property zoned C-1 Neighborhood
Commercial. The property is located on the west side of Eastland Drive approximately 300 feet
south of East Elm Street and is described as Lot 1-B of Missouri Credit Union Subdivision,
Jefferson City, Cole County, Missouri.
Mr. Barron described the proposal and explained that a time and temperature sign is permitted
with a conditional use permit. He stated that the subject property is currently zoned C-1
Neighborhood Commercial. Mr. Barron explained that the subject property was rezoned from RD
Medium Density Residential Attached in order to construct a commercial banking facility. He stated
that the sign has already been erected and the time and temperature component has been
installed. Mr. Barron commented that the sign company was not aware that a conditional use permit
was required for the time and temperature portion of the sign. He explained that the sign was
erected prior to requesting approval for the time and temperature portion of the sign. Mr. Barron
stated that if denied, the time and temperature portion of the sign could not be used.
Mr. Duane Schreimann, Schreimann, Rackers, Francka & Blunt, LLC, 2316 St. Mary's Boulevard,
Suite 130, legal representative for the Applicant, spoke regarding this request. Mr. Schreimann
entered into the record five (5) pictures marked Exhibits 1-5. He explained that pictures 1 through 3
are views of the Missouri Credit Union sign and pictures 4 and 5 show the Walgreen sign located
immediately north of the subject property. Mr. Schreimann stated that it is important to note that the
Missouri Credit Union sign itself is legal and is not at issue and the development is not at issue. He
explained that the issue before the Board today is simply not whether the Credit Union could have
the sign, it is just a matter of whether they can display the time and temperature. Mr. Schreimann
explained that the time and temperature portion will basically be a 2x4 area that sits right below the
Missouri Credit Union portion of the sign. He emphasized that the sign will not expand, it will simply
display the time and temperature. Mr. Schreimann explained that the lighting is designed to be cut
down by a factor of 10 in the evening. He stated that the lighting will be on 24 hours a day but will
be significantly dimmer in the evening. Mr. Schreimann apologized because the sign contractor
simply did not get the issue resolved and it did not come to light until it was time to turn on the sign.
Mr. Hal James, President of Missouri Credit Union, 910 Eastland Drive, spoke regarding this
request. Mr. James explained that the sign is not meant to advertise CD rates it is meant to only
display the time and temperature. He stated that the proposed sign is exactly the same as the sign
at their Ellis Boulevard location.
Minutes/Jefferson City Board of Adjustment
March 8, 2011
Page 3
Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, spoke regarding
this request. Mr. Bates explained that he considers time and temperature signs as more of a
community service and that there is virtually no visual impact to the community. He cited as
examples the Central Motor Bank sign on Whitton Expressway and the Hawthorne Bank signs on
Dunklin Street and W. Truman Boulevard.
Mr. Barron inquired of the frequency between the time and temperature message. In response,
Mr. James explained that it is not more than five (5) seconds and it does not flash.
The following individuals spoke in opposition to this request:
Santiago Serrano, 1911 Brady Drive
Travis Ford, 1919 Brady Drive
Those individuals speaking in opposition voiced the following concerns:
1. Lights will be intrusive to several properties located behind the banking facility
2. Opposed to the size of the sign and being on all night
3. Opposed to the rezoning and any commercial development other than a financial institution.
Mr. Meinhardt stated that it is important to understand that the Missouri Credit Union portion of
the sign is in conformance with the sign code. He explained that the time and temperature sign is
the only issue under consideration today. Mr. Meinhardt inquired whether it is permissible for
parking lot lights to stay on all night. In response, Mr. Barron explained that the zoning code does
have maximum brightness standards for outdoor lighting. He stated that both the Missouri Credit
Union and Walgreen sites are in conformance with the lighting standards in the zoning code.
Correspondence was received from the following individuals:
Bertha McMillian, 2001 Brady Drive
Joe & Mary Halbrook, 2007 Fox Trail
Mr. Barron gave the Planning Division staff report.
Chairman Meinhardt closed testimony at this time.
Chairman Meinhardt reminded Board members that there are six (6) General and (3) Specific
Findings that the Board is required to consider in this matter.
Ms. Young moved and Mr. Hake seconded to approve a conditional use permit to erect an on -
premise time and temperature sign for 910 Eastland Drive.
Mr. Meinhardt inquired whether a sign permit is required or is it included in the building permit
process. In response, Mr. Barron explained that there is a separate permit required for the sign. He
stated that the developer is required to show any signs on the site plan. Mr. Barron explained that in
this case the sign permit did not adequately show the time and temperature portion of the sign.
Mr. Serrano, 1911 Brady Drive, inquired where he could get a copy of the permit and restrictions
for the sign. In response, Chairman Meinhardt asked him to meet with city staff after the meeting
and they would be able to assist him.
Mr. Meinhardt stated that all of the findings have been met. He asked that Board members keep
in mind the General and Specific findings that need to be considered in this matter.
The motion passed 5-0 with the following votes:
Aye: Graham, Hake, Luebbert, Meinhardt, Young
Case No. B11006 — 2033 Christy Drive, Variance. Application filed by Kevin Riley, authorized
representative, Riley Brothers LLC, property owner, for a variance to the maximum average
lighting level permitted for full cutoff outdoor lighting in a C-2 General Commercial zoning district
by 6.45 footcandles. The maximum average lighting level permitted for full cutoff lights in the C-2
Minutes/Jefferson City Board of Adjustment
March 3, 2011
Page 4
district is 3 footcandles. If approved, the new maximum lighting level for the site will be 9.45
footcandles (Section 35-57.F). The purpose of the request is to provide a higher intensity of
lighting for a new vehicle sales lot than the Zoning Code permits. The property is located on the
east side of Christy Drive approximately 2500 feet south of Ellis Boulevard and is described as
part of the Northwest Quarter of the Southwest Quarter and part of the Southwest Quarter of the
Northwest Quarter of Section 24, Township 44 North, Range 12 West, Jefferson City, Cole
County, Missouri. (Central Missouri Professional Services, Consultant)
Mr. Kevin Riley, Riley Chevrolet/Riley Brothers, LLC, 2033 Christy Drive, spoke regarding this
request. Mr. Riley explained that recently the General Motors Company asked them to take over
the Buick/GMC franchises. He stated that one provision of that arrangement was to put a small
Buick/GMC showroom and sales office as opposed to operating at their current facility. Mr. Riley
explained that the site has been graded in anticipation of future paving. He stated that he is
requesting a variance to the lighting level in order to accommodate the requested lighting plan. Mr.
Riley explained that the site is considerably separated from the nearest neighboring property. He
stated that GMC is asking every store to replace the fascia and remodel throughout the store. Mr.
Riley explained that some of the lighting is on a timer so that they are not on all night.
Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, spoke regarding
this request. Mr. Bates distributed a visual that shows the display lot to the south of the existing
facility. He explained that right now the C-2 district limits the lighting to three (3) footcandles. Mr.
Bates stated that is not an acceptable standard for a car dealership. He explained that they have
developed an acceptable plan that gives the site slightly less than an average of 10 footcandles.
Mr. Bates cited as an example the Jefferson City High School athletic complex where the desired
lighting level is 50 footcandles for playing a football game. He explained that his firm is looking at a
plan to re-evaluate the lighting on the entire site. Mr. Bates stated that he found that lighting design
is dramatically inconsistent around the city.
Mr. Riley explained that the lighting levels will be reduced after hours. He stated that the lighting
will be brighter towards the back of the lot for security reasons.
Mr. Gary Oberkrom, 726 Turnberry Drive, spoke in favor of this request and explained that this is
just the first phase for a large expansion of the Riley Chevrolet Store. He stated that this will create
new taxes for the city and create better service for the community.
No one spoke in opposition to this request and no correspondence was received.
Mr. Barron gave the Planning Division staff report
Chairman Meinhardt closed testimony at this time
Ms. Young moved and Mr. Luebbert seconded to approve a variance to the maximum average
lighting level permitted for full cutoff outdoor lighting in a C-2 General Commercial zoning district
by 6.45 footcandles.
Mr. Hake inquired whether Mr. Barron could clarify the adjustment to the property glare issue. In
response, Mr. Barron explained that the Board can place that as a condition on the approval that if
there is any problem with glare the lighting fixtures must be re -adjusted to correct that problem.
Mr. Meinhardt inquired whether any spillover glare would be a code enforcement issue. In
response, Mr. Barron explained that it would certainly be clearer to any type of enforcement issue
that may arise if it was specifically listed as a condition.
Minutes/Jefferson City Board ofAdjustment
March 8.2O11
Mr. Hake moved and k8c Graham seconded to amend the original motion by approving a
variance to the maximum average lighting level permitted for full cutoff outdoor lighting in a C-2
General Commercial zoning district byS.45footcandles, with the following condition:
1. Any spillover light or glare onto adjacent properties shall be corrected through readjustment
ofthe lighting fixtures.
The motion passed 5'0with the following vobeo�
Aye: Graham, Hake, Luebbert, Meinhandt.Ynung
Mc Meinhenhshahsd that all cfthe findings have been met. He asked that Board members keep
in mind the General and Specific findings that need to be considered in this matter.
After additional discussion, the amended motion passed 5-0 with the following votes:
Aye�Groham. Hakn, Luebbert.Meinhard{.Young
7. K0hsme|tmnmous Reports
None.
8. Other Business
9. Adjourn. There being no further business, the meeting adjourned at 8:37 a.m.
7 c 'u ly submitted,
6e Sttrat"man
Administrative Assistant