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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