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HomeMy Public PortalAbout2015-11-10 packet Notice of Meeting &Tentative Agenda $ 4 « irt . `iajjd114i+ Jefferson City Board of Adjustment Tuesday, November 10, 2015, 7:30 a.m. John G. Christy Municipal Building, 320 East McCarty Street Council Chambers All interested parties will be given a chance to be heard. TENTATIVE AGENDA 1. Call to Order and Introduction of Members, Ex-Officio Members and Staff 2. Procedural Matters and Procedures Explained 3. Adoption of Agenda (as printed or reordered) 4. Approval of Minutes for the Regular Meeting of July 14, 2015 5. Communications Received 6. New Business Public Hearings Case No. B15003 — 1535 Fairgrounds Road; Conditional Use Permit for Cellular Tower. Application filed by Porite Jefferson Corp, property owner, Jim Libey, authorized representative, for a conditional use permit to construct a 150 feet tall telecommunication tower. The property is located on the southwest corner of the intersection of Fairgrounds Road and London Way and is described as Lot 7 of Capital City Industrial Park(Cellusite LLC, Consultant). Case No. B15004 — 1024 Adams Street; Conditional Use Permit for Signage. Application filed by Steven Lierman, property owner, for a conditional use permit to install a freestanding on premise sign in a residential district. The property is zoned RA-2 High Density Residential and is located on the northwest corner of the intersection of Adams Street and Woodlawn Avenue. The property is described as Lot I of Woodcrest Subdivision,Jefferson City, Missouri. 7. Miscellaneous Reports 8. Other Business A. Adoption of 2016 Meeting Schedule 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 for information regarding agenda items. MINUTES JEFFERSON CITY BOARD OF ADJUSTMENT July 14, 2015 BOARD MEMBERS PRESENT ATTENDANCE RECORD Wilma Partee, Chairwoman 2 Of 2 Paul Graham 2 of 2 Andrew Hake 2 of 2 Katy Lacy, Alternate 2 of 2 Robert Gammon, Alternate 2 of 2 BOARD MEMBERS ABSENT Stacey Young, Vice-Chairman 1 of 2 Matt Rimiller 1 of 2 COUNCIL LIAISON PRESENT Ken Hussey STAFF PRESENT Eric Barron, Senior Planner Diane Cary, Administrative Technician 1. Call to Order and Introduction of Members, Ex-Officio Members and Staff Chairwoman Partee called the meeting to order at 7:35 a.m. and introduced the Board members and staff. A quorum was present to hear the items on the agenda. The following members were designated to vote: Wilma Partee, Paul Graham, Drew Hake, Katy Lacy, and Bob Gammon. Those wishing to speak to the Board were sworn in. 2. Procedures Explained Mr. Barron explained the procedures of the meeting and the following documents were entered as exhibits for all items under consideration at this meeting. 1. The City Code of the City of Jefferson, as amended 2. The Comprehensive Plan and Land Use Map 3. Copies of applications under consideration 4. A list of property owners to whom notice of the hearing was sent 5. The affidavits of publication of notice of the public hearing 6. Copies of drawings and plans under consideration 7. Letters and memoranda from City staff 8. Staff reports and minutes of proceedings 9. Materials submitted by the public or the applicant 3. Adoption of Agenda Mr. Graham moved and Mr. Hake seconded to adopt the agenda as printed. The motion passed 5-0 with the following votes: Aye: Partee, Graham, Hake, Lacy, Gammon 4. Approval of Minutes for the Regular Meeting of February 10, 2015 Mr. Graham moved and Ms. Lacy seconded to approve the minutes as written. The motion passed 5-0 with the following votes: Aye: Partee, Graham, Hake, Lacy, Gammon 1 Minutes/Jefferson City Board of Adjustment July 14,2015 5. Communications Received No correspondence had been received. 6. New Business — Public Hearing Case No. B15002— 2215 Missouri Boulevard; Drive Through Lane Setback Variance. Application filed by The RZW Group LLC, Property Owner, for a 19 feet variance from the drive through lane setback requirement of 20 feet to allow a 1 foot setback. The property is located on the south side of Missouri Boulevard 450 feet west of Heisinger Road and is described as part of the Southwest quarter of the Northeast quarter of Section 11, Township 44 North, Range 12 West, Jefferson City, Missouri (Central Missouri Professional Services, Consultant). Mr. Barron explained that the property consists of an existing retail strip mall with frontage on Missouri Boulevard. The property is zoned C-2 General Commercial. The proposed owner would like to add a drive through pick-up window on the southern side of the building to allow a drive through lane for a planned liquor store. Drive through lanes are required to be set back 20 feet from the neighboring property and the owner is requesting a variance from this requirement. The proposed drive through lane would set back approximately 10 feet from the neighboring property to the east for most of its distance, but would encroach into the setback area by 19 feet at the southeast corner of the building in order to accommodate the turn after the pick-up window. This store would occupy approximately 5,000 sf of the building and would generate approximately 25 vehicle trips in a peak hour. For comparison purposes, a typical fast food restaurant generates in excess of 100 peak hour vehicle trips. The dumpster enclosure located along the eastern property line at the rear of the building is planned to be relocated to the southern side of the property. Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, spoke representing the applicant. Charles Hake, the proposed property purchaser, was also in attendance. Mr. Bates stated that the property is commercial with 4 suites and has been known as the Wright Building. A pick-up window, not an order window, would be located at the southern part of the building to be used by the planned liquor store. Moderations would be made to allow for the flow of traffic. Mr. Bates feels that this has the potential of helping grow this business. The front businesses are easily seen, so having a pick-up window for the last business should help make that location more desirable. No one spoke in opposition to this request and no correspondence was received. Mr. Barron gave the staff report of the required findings. He stated they appear to be met. The impact of a reduced setback for the proposed drive through lane on the neighboring property would be minimal. The expected traffic generation of a drive through lane for a liquor store business is low, especially when compared to high traffic neighboring uses such as restaurants. He stated that any future conversion of the drive through lane to serve a different type of use with a higher expected traffic impact should be grounds for reconsideration of any variance that is granted. Mr. Graham made a motion to approve a variance of 19 feet from the setback requirement for drive through lanes of 20 feet in order to allow a drive through lane 1 foot from the side property line, with the following condition: 2 Minutes/Jefferson City Board of Adjustment July 14,2015 1. Conversion of the drive through lane to serve a more intensive use (such as a drive through restaurant) is not permitted. Mr. Hake seconded the motion. Discussion followed. The Board then came to an agreement to amend the motion. Mr. Graham moved to amend the motion to remove the condition that was attached that stated "Conversion of the drive through lane to serve a more intensive use (such as a drive through restaurant) is not permitted." Mr. Hake seconded. Then the motion for approval a variance of 19 feet from the setback requirement for drive through lanes of 20 feet in order to allow a drive through lane 1 foot from the side property line (with no conditions) was called. The motion passed 5-0 with the following votes: Aye: Partee, Graham, Hake, Lacy, Gammon 7. Miscellaneous Reports. There were no miscellaneous reports. 8. Other Business There was no other business. 9. Adjournment With no other business Chairwoman Partee adjourned the meeting at 8:15 a.m. Respectfully submitted, Diane Cary Administrative Secretary 3 Jefferson City Board of Adjustment November 10, 2015 Case No. B15003 Porite / Jim Libey 1535 Fairgrounds Road Conditional Use Permit for Cellular Tower STAFF REPORT BOARD OF ADJUSTMENT—CITY OF JEFFERSON,MISSOURI November 10,2015 Case No. B15003 — 1535 Fairgrounds Road; Conditional Use Permit for Cellular Tower. Application filed by Porite Jefferson Corp, property owner, Jim Libey, authorized representative, for a conditional use permit to construct a 150 feet tall telecommunication tower. The property is located on the southwest corner of the intersection of Fairgrounds Road and London Way and is described as Lot 7 of Capital City Industrial Park(Cellulite LLC, Consultant). PUBLIC NOTICE By publication in the newspaper, letter to adjacent and affected property owners within 185 feet, and by property sign posting. NATURE OF REQUEST Verizon Wireless, on behalf of the property owner, is requesting approval of a conditional use permit to locate a 150 feet tall telecommunication tower near the southwest corner of the property. The proposed tower would consist of a 150 feet tall monopole design with fenced compound at the base of the tower. Telecommunication towers greater than 70 feet in height are a conditional use of the M-1 zoning district and are subject to specific use standards outlined in Section 35-42 of the Zoning Code. ZONING AND SURROUNDING LAND USE The subject .roperty is zoned M-1 Light Industrial. Surrounding Zoning Surrounding Uses North M-1 Industrial Building South M-1 Vacant Property East RS-3 Single Family Residential West M-1 Industrial Building STAFF ANALYSIS Analysis of specific use requirements for telecommunication towers, with staff comments in italics. General Requirements: 1. Approval Authority. Because the tower is over 70 feet tall, the approval authority is the Board of Adjustment. 2. Permitted or Conditional Use. The tower is a conditional use of the M-1 district. 3. Accessory Use. The tower is not an accessory use. 4. Building Code Compliance. Construction drrnvings have been submitted. 5. Regulatory Compliance. FAA study was submitted with application. 6. Statement of Excess Capacity. The construction drawings indicate that the tower site is capable of accommodating 2 additional carriers. Supporting Documents: Co-location—must be capable of collocating at least one additional carrier. The lease space is sized at 50'by 50'in order to provide space forfuture tenants. Space for two future tenants is shown on the plans. Tower Inventory—must submit an inventory of towers within one and a half miles. The applicant provided the required tower inventory. Notice of Tower Applications—must mail notices to other potential tower users. The applicant mailed notices of the application to cellular providers in the area. Case No. B15003 November 10, 2015 Planning Staff Report Page 2 Additional Limitations: I. No tower permitted over 150 feet. Tower does not exceed 150 feet 2. Additional limitations for towers near historic properties. Tower is not located near a historic property. Coverage study by RF engineer: 1. Tower cannot be accommodated by existing tower. The applicant indicates that they have studied existing towers in the area and found that they do not meet their coverage requirements. Design and Construction Standards: 1. Design Standards a. Designs allowed. Tower is a Monopole Design b. Tower must be painted a neutral color,unpainted galvanized steel support structures are not permitted. The tower will be grey. c. Equipment shelters must have an exterior finish compatible with the environment of the site. The equipment shelter will be aprefabricated building pebble stone and light brown in color d. Towers shall not exceed the height limit of the Airport overlay district. The tower does not conflict with the airport overlay height requirements. e. Tower should blend into the character of area. The tower would he located in an industrial area. £ Advertising not permitted on tower. No advertising is proposed g. Outdoor storage not permitted. No outdoor storage is proposed h. Disguised Support Structure Standards. Not applicable 2. Structural Requirements. Design drawings of the tower have been submitted 3. Setback and Separation a. Setback from property line at least 50% of the height of the tower plus one foot for every foot over 100 feet in height. The tower is located 148 feet from the nearest property line, which exceeds the required 100 foot setback. b. Separation Setback 300 feet from SF property. The tower is approximately 650 feet from the nearest residential property. c. Separation from other towers. The nearest tower is 3900 feet away, which exceeds the required 1,500 foot setback. 4. N/A 5. Tower Height Measurement. The tower is 140 feet tall with a 10 foot lightning rod,for a total height of 150 feet. 6. Illumination. The tower will not be illuminated 7. Fencing and Screening—must be surrounded by a minimum six foot high solid fence. The tower plans indicate that the compound will be surrounded by an 8 feet tall vinyl fence. 8. Bufferyard Requirements. No buffeuyard is required 9. Security. The compound is properly enclosed with fencing. 10. Access-Must have two parking spaces. Parking is met with the required paved driveway access. 11. Drainage-Must have adequate drainage. No drainage concerns. Case No. B15003 November 10, 2015 Planning Staff Report Page 3 OTHER CONSIDERATIONS The Capital City hrdustrial Park subdivision, in which this property is located, has recorded subdivision covenants and restrictions that restrict the use of the property within the subdivision to "research and development facilities" and the height of structures to 45 feet. While the City is not responsible for enforcement of private subdivision covenants, staff will not issue a building permit that is known to be in conflict with such restrictions. Within the referenced subdivision covenants and restrictions, there is a process for amending the restrictions. The process of amending the restrictions would be a private matter for the property owner and other owners within the subdivision to resolve(the City is not involved in such processes). Staff recommend that any approval of the application be conditioned on satisfactory resolution of any conflicts with applicable subdivision restrictions and covenants. CONDITIONAL USE PERMIT FINDINGS This application is subject to the required findings for conditional use permits outlined in Section 35- 73.A of the Zoning code and the required findings specific to telecommunication facilities outlined in Section 35-42.N.1.d of the Zoning Code. Staff analysis of required findings: Required Findings for Telecommunication Facility Conditional Use Permits(Section 35-42.N.1.d) Finding Yes No Comments No existing towers, structures or buildings within X The applicant has submitted a study the necessary geographic area for the applicant's showing coverage rates for the nearby tower meet the applicant's necessary engineering water tower do not satisfy the coverage requirements. needs. That the design of the tower reduces visual X The tower is a monopole design. degradation and is a monopole type tower. That the proposal minimizes the number, height, X The applicant has indicated that the tower and visibility of towers that will be required in the is capable of co-location. area. That the applicant has not failed to take advantage X The applicant states that Verizon Wireless of reasonably available co-location opportunities. seeks to use existing structures where available. That no land owned by any agency of the X With the exception of the nearby water government or political subdivision is available for tower, there is no governmental land locating the tower. available in the target area. Required Findings for Conditional Use Permits(Section 35-42.n.1.d) Finding Yes No Comments The proposed use is consistent with the goals, X The proposal is not in conflict with the objectives, and policies of the Comprehensive Plan. Comprehensive Plan. The proposed use complies with all applicable X The proposed tower meets the specific use provisions of the zoning district regulations and standards for telecommunication conforms to the general intent and purpose of the facilities. Zoning Ordinance The proposed use complies with all fire, health, X The proposal would meet all applicable building, plumbing, electrical and stormwater regulations. drainage regulations of the City and regulations of County, state and federal agencies. Case No. B15003 November 10, 2015 Planning Staff Report Page 4 The proposed conditional use is not materially X The proposed tower would be located in detrimental to the public health, safety, an industrial zoning district and would not convenience and welfare, or results in material be a detriment to public safety. damage or prejudice to other property in the vicinity. The proposed use is compatible with and preserves X The proposed tower is separated from the the character and integrity of adjacent development nearby residential neighborhood by and includes improvements to mitigate adverse approximately 650 feet. development-related impacts, such as traffic, noise, odors, visual nuisances, or other similar adverse effects to adjacent development and neighborhoods. The proposed use does not generate pedestrian and X Traffic generated by the tower would be vehicular traffic which will be hazardous to the minimal. existing and anticipated traffic in the neighborhood. Adequate utilities exist to serve the proposed X The area is served by adequate utilities. conditional use. STAFF ANALYSIS OF REQUIRED FINDINGS The required findings appear to be met. The proposed telecommunication tower meets the specific use requirements outlined in the Zoning Code. The tower is located in an industrial area and the separation distance from nearby residential neighborhoods is enough that visual impact should be minimal. FORM OF MOTION Motion for approval of the proposed conditional use permit for a 150 feet tall telecommunication tower subject to the following conditions: 1. Resolution of any conflicts with applicable subdivision covenants and restrictions prior to building permit issuance. City of Jefferson Board of Adjustment VICINITY MAP iir AD '�f S=j ! w \7IJr441 ENESDR 0J�_ Z''i if., --2-- 0 - oP iltllilII-LN 7 CoC , ir kkc, y}rt CT / k,oMDR-I v� �l ✓ Tn p� r r >(.0-K IS��oNc oR�CS Oms _- O� yO -� �oo vI c � itQ4! 7 1 � -a G 3— RILEY CTj<`,‘vco '13 i i_L I = AI rWESTPORTJDR�r~n' ' Ii QPM 2, , I LI 11111111TH I L____ -. �'� i 1 Ill 111111 TTl-I 1 i<� L -----___-- SCARBOROUGH-WAY' -I L-�j-u- 11'I MCMill Iff/2) I Ni I I �H 1 ii�giiPF _ OXFORD-p�&- p H �-vo ,_chBl" ipUCKINGHAh-Wnnflf,su?ARK-- 8.th —g- titocili 14 GNRt-=:SIDE'DRJnLIVERr10 -DR 2f � � ritiHq•. o: 1i I f11L h i l l 1L1 i _?_ o ` �cv =�!qU f � � R — tLN11EWCq �T)T± C Case No. B15003 0 325 650 1,300 Feet N 1535 Fairgrounds Road m 4 Conditional Use Permit for W-...S1"-- E 150'tall Cell Tower r S City of Jefferson Board of Adjustment LOCATION MAP k J it if - rtt t pty cs4 ' moi r..-,70;!,,;•,,,t,...,-,..".,4%, ry W40' # , r„7 •CRUGGSSA;TIOND g ' sj _ ' �` i1 a � t Yf 4 l V 1 .3 € l FJ .h ti t I t " ' 'J { a� �¢ 7 z I,r � � _� R ;YCTr pd �! ft i :f• +om,# Q ,040yjs #mP a 4 ii fifi i �t .mt �igi .k, 3sf- RFs,."� , _ ®�� 3 s , '.4-:-:0., Proposed Tower =;3 t fa 'OR% 92, Location .'f r/z !..•,1,71-,11/4-P: C' .nom s 4 JO • t A + m 4„v zx x a .;;;;27,-,00,4„w,07-14.4e;;;:0,;.;:;,w; r �� , fi t :t r ewv � 'Is - -x 4. FN-u71 tit. i r f g•'°#;;;;- . h t t ra { 5. iIZ OXF©�R©RD- � 1'IIQt6kezA4RIr.0'RtIrt`KIA1rillAlne owner % • S" I �I31 Case No. B15003 o iso 360 720 Feet N 1535 Fairgrounds Road M Conditional Use Permit for \V--.S1-- E 150'tall Cell Tower I S .s.;Olt n t 4;;‘,7t Cily of Jefferson Date filed: iPe' . t ° Department of Planning 8 Protective Services 4 a$''% -' �'is 320 E.McCarty Skeet a t . J Jefferson City,MO 65101 • - , Phon673.6346410 .•-' >i' •. Phone:673-634-6410 ,ct - www.Jeffersoncltymo.gov APPLICATION TO THE BOARD OF ADJUSTMENT 1. The undersigned hereby request(s)the following: D, Appeal (Section 35-73C) l Conditional Use Permit(Section 35-73k Section 35-71, Site Plan) D Variance (Section 35-73B; Section 35-71, Site Plan) D Chapter 3,Advertising and Signs: Conditional Use Sign Permit D Chapter 8,Article V, Flood Hazard Regulations;Variance to Flood Hazard Regulations D Other(including Interpretations; please describe in#2 below) 2. Describe exactly the type of project proposed or what is being requested and the purpose of the request. Cite affected Section numbers If known (or attach separate sheet). Section 35-42•Pmposug a 150'Teteconvruk<adans recur inctu n2145'Alonc;o'e tower and aasrcated wound Nu-lament and fence. Meetng or ereedng al City requirements 3. The application is filed for the following described real estate: (the correct legal description of the property must be printed below or attached to this application). A. Street Address: Maytag ant-Ten epee he ale address Intoning ay/novels Attached by survey B. Property Description: 4. A site plan in accordance with Section 36-71 is required for conditional use permits and variance applications. A "sketch' site plan may be required for other applications such as conditional use sign applications. A check In the amount of $210.00" payable to the "City of Jefferson"for the application filing fee must be attached to this application. "Revised June 30, ' 2015. 1 5. Variance applicants must complete the attached Variance Affidavit. Each question must be answered and the affidavit must be signed by the applicant(s)and notarized. 6. The undersigned certify to be all of the owner(s) of the above described property. (All owners of this property must sign and the signet res must be notarized). k _VAA v f •.. . I. ro r C wner . - p- • print) • • ope ty Owner Signature Jim Libey/Manager I Property Owner Name (type or print) - / Property Owner Signature Subscribed and worn before me this l day o' ! .Il,P 1-u/a.a , St4 c alli Apr 47 / �� -/ Notary Public J CROOK / yy Alit if diff - 't from property owner): Norma �ubtw 9SOURI al N.lie Derek McGrew 1 Agent County o Cole My wmmissie pines 4/25f2017 I Mailing Address _ 103 Wilshire Court, Noblesville, IN 46062 Commission 13475687 Phone Number 317-507-4541 Specific information may be required depending upon type of application. Please refer to the appropriate Chapter. Other permits,including building permits and sign permits may be required In addition to Board actions. Please seek advice of City staff or your consultant, If applicable. Individuals should contact the ADA Coordinator at(573) 634-6570 to request accommodations or alternathre formats as required under the Americans with Disabilities Act. Please allow three business days to process the request Verizon Wireless Proposal for 150' Telecommunications Facility , Y _s •�of l- Vis }j Included in this Packet • Completed Application and Required Fee • Statement of Need • Responses to the Telecommunications Facility Ordinance • Confirmation of no governmental properties available • Airspace Study—no tower lighting required • Propagation Maps • PE Stamped Construction Plans Proposed by: Derek McGrew Statement of Need Verizon Wireless respectfully requests your consideration of a zoning approval to construct a wireless communications facility located at the end of Maytag Drive. There is a demonstrated need as provided within the attached for wireless coverage in this area. There are no existing towers within approximately 8/10 anile. This property was able to meet setbacks, and is nowhere near any residences. Currently the property is being used as an Industrial properly. The tower site is located on the southern portion of the property, well placed to meet setbacks and fill the coverage gap. The size of the lease area, 50' x 50', and is being proposed in order to provide space for future wireless tenants. This type of facility only requires approximately one visitor per month for maintenance. While the site is actually in operation 24 hours per day, the site is visited for maintenance during typical business hours, unless an emergency visit is required; there are no employees at the facility on a daily basis. The compound is fenced and locked. The facility is in operation 24 hours per day. The tower will not require lighting, and emits no glare, odor, fumes, vibration, etc. The only measurable noise emitted from the site would be from a backup generator,only used during emergencies which is enclosed within the proposed shelter. Verizon Wireless respectfully requests approval of this application. Thank you for your time and consideration. Derek McGrew Authorized Agent for Verizon Wireless 317.507.4541 o The grant of this Conditional Use Permit will not be injurious to the public health, safety, morals,convenience or general welfare o Telecommunications Facilities are a necessity in this day and age. This proposed facility would not be injurious to the public health, safety, morals, convenience, or general welfare. In fact, the wireless facility increases the safety, convenience and general welfare by providing wireless service to the surrounding area. o The grant of this Conditional Use Permit will not materially and substantially interfere with the lawful use and enjoyment of adjoining property and the surrounding community. o The proposed facility within this industrial park will not interfere with any of the surrounding properties. o The grant of this Conditional Use Permit is consistent with the Telecommunications Act of 1996 o The proposed facility is consistent with the Telecom Act of 199G. o The grant of this Conditional Use Permit is consistent with the zoning ordinance of the City of Jefferson City, n4O. o The granting of this Special Use Permit is consistent with the Ordinance. No variance is being requested. From: Tosha Cozart—RF Engineer,Verizon Wireless November 20th, 2014 To: Cole County Representatives RE: South Jeff Country Club Raw Land Build Dear Cole County Representatives, Verizon Wireless has been asked to provide justification of a proposed site named JFCP South Jeff Country Club. The proposed site serves two purposes. It is designed to increase in-building/outdoor coverage to the area, but it is also designed to increase voice and data capacity to the area, specifically along South Country Club Drive,Scruggs Station Road and Route C. Verizon Wireless' current coverage of this area can be viewed in Figure 1. At this time, Verizon Wireless has marginal coverage along the area outlined in red. The colors on the coverage map represent different ranges of signal strength as seen by a mobile phone or mobile data device on the Verizon Wireless network. That is,the colors represent the level of reliable service in those areas. Fi1—Existing Coverage r e , �F egure : 'i z ,, '" c rR Zf r�Y � ✓ ��`�� ` a E IiZ £jllll( I i a ' ,} ,Ra, w 4` q i 1./ 3 ` {3r.1;/'F 'i'a, y `" s4 "� k" r� r. "_�, **Sir r spa � '`,� A-' �4 ted# is � I."v"2i `�} xi l w it,47;1 .s' n F fi. s r VJFST JEFFER,C)N CITY fg C �i �' ?r rye: _0 4:k' ,: -.� A_1 a p.,. - rry tom" Na y Vnli iliS o 01)4447-1,1141, s j1., 5 j 1 4 y k f , . rii t.".' Bir HORN 9( �t EN IvIILE'h`x k a �s n Th. L7TJEFFEP : l cctiziti a � y 1.41," 4a ,. v 4:--,12:f -- TAEII r1 pl ' at I Li riet 7 1 k 'r, /3()U IN JEFF C OLINTRV 'LUS `. t r'r v ' "k W.m ' lageedritir--rst-:,"4 .''''=',.' i . — ha!, '.,,,,,,,;,;4? � '' Ir1EADUW LAKE '''',171"1" r"` r * t. . ", r SCUTI-I JEFFERSON CIT} a 7 I v Ride u ev,IA 4/.\,17.-'p a � _ " ads i � s e. b c„u fr�-, f:# ( 3+slr a441 ' -2 . k` , U "F, `*`.. c ,r - it,3 3 Lz# t: i+IiOREAU RIVER PCS m f t 4 0 Green(in-building coverage,commercial,very good) `' ° t r ,,' A d i rt K ce r-} Yellow(in-building coverage,residential,good) ',0,,'4.-1_. -."6,0 12 Y"* � , , „a Pink(in-vehicle coverage,fair) ' '� r _ '� �' Blue(outdoor coverage only,poor) rcrtiirans ,. The improved coverage of the proposed Porite site at a centerline of 150'can be viewed in Figure 2. The level of service Verizon Wireless has proposed will not only benefit the residents of this area, but also provide reliable wireless communications to many private and public service organizations. Even those residents of your community who are not direct subscribers to Verizon Wireless benefit when law enforcement, emergency services, delivery companies, and others,call your residents using our service. Figure 2—Coverage with Porite candidate @ a centerline of 150' hIN v"1 lit III � ,. -_, ,,,,,t„-,n� . r F ��$� 4 �� "44:��� s� Ji�t, ,j443,4}3/1_42,11, �5-k ,m .4 r Ax !, ,^�,"lir t o �' rr t : b -4�k NE ,raEFFERSranl t y �, Stem J t Iii f �" aAlf l/`3.�s4 j .i 'LE , .�`M 1I�X�}"a A" �a y t a1 r n ill• i -, B14aHCIP,Ix1 ir<�r°a �'5 TEN ',ALE kl' r fi ,zA J's fah " a � , , . DT IEEFER BLV r� a �, �� d c �.nt ` a ' s i4* it �i " ' at m rr,,a„ .. ���• STADIUI.,l d3 8 f q �r k,'L) ° B �� r BA 3421 3,,,,42'trA to j "4a'flr (',is, d 41 '� _ ' -4-4 JEFF t 01 INTRY t LUE - - rw .7srr> €� ;:-.,...:2-4,-"0,0 TA J( 1 i�� ,--*—% 4 JNI LAKE ' r tF av, e ,:_,Sh ,�,` c-� S '�. .eT fit- <<. �.,,, ! _' 1,, �' #ri. "' i ° EF � ,`fir 4? r x 9 ,�.,,, .vS . ri,'.`Ts . j� i ' �,, � � .�`{, � ��, � „� SCJUTHJEFFER"Cft`1 '6000 A Arri 6 2 -74 ea i ` rta. ' 6r43,7,26; ,Gwr y(/ mmM F { i - 3 J eflA f17 '4. 1 -030 G.n ' �.,E R �`fi a. j °$` nd till!'"REAU RIVER Pt S w.• I' Green(in-building coverage,commercial,very good) f ,Ayr ,9, / `,l 1 . Li Yellow(In-building coverage,residential,good) 3,„ rr 2" � v c�, s i� 1, Pink(in-vehicle coverage,fair) *"'1 r• 663 61 . 3-4 r, �g - w u' '66644��y ,r 4 Blue(outdoor coverage only,poor) " rt z ` I' 9 ....f. 2 Oxy k „"', S nirlPTI-I Pr. C ,.% A* rE..4 a .r,11? +:9 When comparing the Porite site coverage versus the Cole County Water Tank site coverage (see Figure 3), calls in the red outlined areas would have a high probability of dropping voice and data connections. Eventually, more sites would be required to provide optimal coverage. Figure 3—Coverage with Cole County Water Tank candidate @ a centerline of 75' 111 Il''1 ria ' , ek 7' , - N" f ,1 py��4 Y 3 n . rJ,� e L..--- ,J_ lkak4ia !' yE4 ' "r '6 elrliTtra t t It' • .t �. V Jam' L! �� 'rt nu � '� 1 ri E T aEE1 EE, ;t}1'•J ()ITV, wk fr ica i , , . K EI iHOP,P40 47.k£, 1 ri y lr HI ,-e l ,,,c,,,,--r ,, ‘ rrr}lz 5ry � fi E � IrT ._ILFFFP,: 4 ° =ire r2 r t' A mfilligit,,, t'A' ' /y. yys.77 §. xi c'Sa`yrr. -- tri IT, h „ f F 4 a- # iE� T t�}1iJ1 fEkL��d 'lit=ir=77-' �` ,'r , , 1 •' ' :4 ,3 if olf Co '4t/nter T •- 1. r - } x r- I. , j X & 4i Y g" r (}d �`hff J l w J t - 4 f a s L4 Y l'i [ 2Y� sX � p„2 P r r Y r<a r, '� 41 � �� � E 1 , 7' t i .��/ t t� _ !} 'kj r r ziO i.'3' 1 i " �` d ft,, '' t' Uf1TH IEEFE( [}I+ICs„,4,6 x 54 X 3_ n "Xr 'r sem`. -kdk'°+& y fi ,-,..4„;,- r ' T } , .4 s°" r< ii rp„i 6 i , f++d f (r x i3.., f,', , ¢ }�fi pp r' .:S. k4 t '_� . ' � ...„.A `. Ya( `r tU7 5 ' iY371 ' 'tr A ' - rr ! 1i?6 9 r`sf , di'. X41 s iry * f f i � ,l� g' '�' h t;' �' .7 ' t r -1 A rr1 11x14}R Iva RIVER v,i,II 9 a rw._.. 3:d. i b� i. ..r. >.n .. -r? : t f 5/ `z..S ' es a .Yfi ' Green(in-building coverage,commercial,very good) v `” '�j _-`7.�i -,, �ia.4T. , r , ❑Yellow(in-building coverage,residential,good) ° ''-'17-,r-� ' 4-- A4,4;' - - E` g=i ` � rc. .: i. Pink(in-vehicle coverage,fair) � t i '" +fin -' xi' p s Blue(outdoor coverage only,poor) r;�;- "( ; '}"ki[iPT PC's x' k Responses —Sec. 35-42 Specific Use Standards for Telecommunications Facilities (i. Tower Inventories. Prior to the issuance of any permit to install,build or modify any support structure, such applicant shall furnish the Director an inventory of all support structures owned or controlled by the applicant and by proposed antenna user(if the proposed antenna user is different from the applicant),and all towers owned by any person located within one and one-half miles of the proposed structure. The inventory shall include the structure or antenna reference name or number,the street location,latitude and longitude,structure type,height,type and mounting height of existing antennas,assessment of available space for Mounting of additional antennas and an assessment of available ground space for the placement of additional equipment shelters. Tower Inventory Map included. n. Notice of Tower Applications. Prior to any application for the construction of a new telecommunication tower, a copy of the application or a summary containing the height, design, location and type and frequency of antennas shall be delivered by certified mail to all known potential tower users within the City,including but not limited to all companies providing wireless interact and commercial mobile radio services in the City, mid such other potential users, if any, identified on a schedule maintained by the Director. Proof of such delivery shall be documented by the applicant with the application to the City. The Director may establish a form required to be used for such notifications and establish other procedures consistent with and as may facilitate compliance with this Section. Any party seeking shared use of a telecommunication tower subject to this provision shall, atter responding to notice of an application, negotiate with the applicant for such use. The applicant may on a legitimate and reasonable business basis chane between multiple requests for shared use on the scone tower, and may reject any request where legitimate technical obstacles cannot he reasonably overcome or where the party requesting shared use will not agree to reasonable financial terms. The Director shall, before deciding on the application or forwarding it to the Approval Authority for review,allow all persons receiving notice at least fifteen(15) calendar days to respond to the City and the applicant and request that the party receiving notice be permitted to share the proposed tower or locate within one (I) mile of such area. The failure of the receiving party to use this process or respond to any such notice shall be considered cause for denying requests by such party for new telecommunication towers, Certified letters have been sent to all users and receipts for certified mailings provided. N. Telecommunication Facilities as a Conditional Use 1. The placement of teteconununication facilities is a conditional use in several districts as set forth in Exhibit 35-28 and this Section. All proposals to install,build or modify an antenna or support structure as a conditional use shall require the approval of a Conditional Use Permit following a duly advertised public hearing by the Board of Adjustment,subject to the following. a. Applications. Applications for conditional use permits shall be filed and processed subject to and in the manner and timcfmme as established in Section 35-73A of the Zoning Code and, in addition to such other rcquirenents,shall be accompanied by the applicable fee for a conditional use permit application and a deposit of funds,as outlined in Appendix Y,for reimbursement of professional service and staff review costs,or such other deposit amount as may be established by the approval authority reasonably necessary to reimburse the City for such anticipated costs and fees for legal,engineering, contractual or other consultant services determined by the City to be needed in review or action on the application. Any amount not used by the City shall be refunded to the applicant upon written request tiller a final decision. b. Additional minimum requirements. No conditional use permit shall be issued unless the applicant has clearly demonstrated by substantial evidence that placement of a telecommunication facility as a permitted or accessory use pursuant to Exhibit 35-28 or Section 35.42.M is not technologically or economically feasible. The City may consider current industry standards and practices, among other information, in determining feasibility. There are no governmental properties available nearby that would allow for a telecommunications facility as a permitted or accessory use—as evidenced by an email received from Eric Barron and is included within this packet. d. Findings Required. In addition to the determinations or limitations specified herein and by Section 35-73A for the consideration of conditional use permits,no conditional use permit shall be approved by the governing body unless findings in the affirmative are made that the following conditions exist: (I) No existing towers,structures or buildings within the necessary geographic arca for the applicant's tower meet the applicant's necessary engineering requirements considering:(a)height;(b)structural strength;(c)resulting signal interference; (d) feasibility of retrofitting; (c) feasibility of redesigning the applicant's tower network;or(f)other limiting conditions that render existing towers, structures or buildings within the applicant's required geographic area unsuitable. Verizon Wireless includes within this packet propagation maps proving that the nearby water tank is not feasible from a coverage perspective. Additionally, the owner of the water tank was not interested in leasing space on that structure. (2) That the design of the tower or stricture, including the antenna, shelter and ground layout maximally reduces visual degradation and otherwise complies with the provisions and intent of this Section. New towers shall be of a monopole design,unless it is shown that an alternative design would equally or better satisfy this provision. The structure is being proposed within an Industrial Park and behind an existing building and is concealed behind existing trees from other properties nearby. The tower is of a monopole design as mandated by this section. (3) That the proposal minimize::the number andtor height, size,and visibility of towers or structures that will be required in the area, Where alternate technology or design exists or is reasonably available that world satisfy the general need for the proposal,this factor is ordinarily not satisfied. The proposed facility minimizes the number of additional future towers. (4) That the applicant has not previously failed to take advantage of reasonably available co-location opportunities or procedures provided by this Section or otherwise. Verizon Wireless seeks to use existing structures whenever available. (5) That no land owned by any agency of the federal or state goverment,or by any political subdivision of the state,is available for locating the structure or tower. None is available—as evidenced by an email within this packet from Eric Barron,Senior Planner. f. Additional Limitations. (I) No tower shall be approved at a height exceeding ISO feet AOL unless the applicant clearly demonstrates that such height is required for the proper function of the applicant's system, Such showing Must also be supported by the opinion of a telecommunications consultant hired by the City at the expense of the applicant. The opinion of the consultant shall include a statement that no available alternatives exist to exceeding the height limit including but not limited to the use of two or more telecommunication ication tourers,and the reason why such alternatives are not viable. The overall proposed height is 150' (2) A conditional use permit shall not be issued for any telecomnumication facility that the hoard of Adjustment determines would create a significant negative visual impact or otherwise have a significant negative impact on the historical character and quality of any property within a historic Preservation District or such District as a whole. Verizon Wireless has confirmed within their own research that no Historical property will be Impacted by this structure. Q, Design and Construction Standards. 1. Design. a. Designs allowed: (I) Monopole design. New telecommunication towers shall be of a monopole design. Lattice,guyed towers or other non-monopole:tower designs shall not be Permitted. Verizon Wireless proposes a monopole design. b. Color.Subject to the requirements of the FAA or any applicable State or Federal agency, lowers and attachments shall be painted a neutral color consistent with the natural or built environment of the site or nn alternative painting scheme approved by the Approval Authority,consistent with the requirements of this Section. Unpainted galvanized steel support structures are not permitted. No FAA painting is required. The proposed tower would be grey in color as is all other telecommunications facilities in the area. c. Ground Equipment. Equipment shelters or cabinets shall have an exterior finish compatible with the natural or built environment of the site and shall also comply with any design guidelines as may be applicable to the particular zoning district in which the facility is located. All equipment shall he placed underground,contained in a shelter or cabinet,or wholly concealed within a building or approved walled compound, The equipment shelter is a prefabricated building which is pebblestone and light brown in color. d. Towers shall not exceed the height limitation of the Airport Overlay District adopted by the City. Verizon Wireless agrees with this provision. e. All permiuces shall make every reasonable effort to design and construct new towers and telecommunications facilities to blend into the character and environment of the area in which they aro located,unless such use shall create a hazard for the traveling public or it is not technically feasible to use such design and co-locate other facilities on the tower. The tower is being proposed within an industrial park and behind existing natural landscape and an existing building. f. Advertising. The placement of advertising on structures regulated by this Section is prohibited. Outside of any FCC requirements (placement of a small FCC sign on the structure) no advertising will be placed on the structure. g. Vehicle or outdoor storage on any tower site is prohibited,unless otherwise permitted by the zoning. Verizon Wireless agrees with this provision. 2, Structural Requirements. All towers must be designed and certified by an engineer to be structurally sound and,at minimum,in conformance with the City's building code,ally applicable state laws and other standards outlined in this Section. A building permit shall be obtained before construction may begin. Verizon Wireless has complied with this requirement and agrees to obtain a building permit following the CUP procedure. 3. Setbacks and Separation Rcgtnrements x. All towers shall be set back a distance equal to 50 percent of the height of the tower up to 100 feet,plus one foot for each foot over 100 feet in height. Verizon Wireless has complied with this setback requirement. The setback requirement for a 150' structure is 100'. This structure is placed no closer than 148' from the southern property line. b. Setback requirements for towers shall be measured front the center of the tower to the property line of the parcel on which it is located. Exhibit 35.42.A Separation Requirements Designated Area _ Separation nlstance Single-family or duplex residential land or single.,1300 feet, If the tower is of a disguised support family or duplex units in a residential district' i structure design,then the separation distance may be 1 reduced to 100 percent of the height of tower. The tower is not proposed within 300 feet of any residential land or district. The abutting properties are all Industrial. Vacant single-family or duplex residentially zoned 1300 feet. If the tower is of a disguised support land which is either platted or has preliminary I structure design,then the separation distance may be subdivision plat approval which is not expired reduced to 100 percent of the height of the tower. The tower is not proposed within 300 feet of any residential land or district. The abutting properties are all Industrial. Vacant unplatted residentially zoned land and 1200 feet or 100 percent of the height of the tower, residential units in non-residential zoned districts' 'whichever is greater. If the tower is of a disguised !support structure design,then the separation distautce I may be reduced to 100 percent of the height of the tower. The tower is not proposed within 200 feet of any residential land or district. The abutting properties are all Industrial. 'brisling multi-family residential land or units greater 1100 feet or 100 percent of the-height of the tower, than duplex units I whichever is greater. If the tower is of a disguised 1 support structure design,then the separation distance may be reduced to 100 percent of the height of the tosser. The tower is not proposed within 150 feet of any residential land or district. The abutting properties are all Industrial. Approved heliports 1100 feet or 100 percent of the height of the tower, 1 whichever is greater, The tower is not proposed within 150 feet of any Heliport. Exhibit 35-.12.3 Existing Towers-Types and Minimum Separation Requirements , PROPOSER Lattice or Lattice or Gored ' Monopole j TOM'EILS -TYPES . Guyed Towers 'i Monopole fowrrs less than ISO fl. 75 II. in HeightLess Than 75 fl.In ISO ft.In Height h3 or Height I or Greater Might Greater 1 Lattice or Guyed 3,00011. 2,500 11. 1,500 0. , 750 0. Monopole 75 I1.in 1,500 0. 1,500 0. 1,500 11. 75011. Height or Greater Monopole Less Than 75 750h. 750 0. 750 ft. i 750 0. j Il.in Height 1 1 i For the purpose of this subsection, the separation distances shall he measured by drawing or following a I straight line between the center of the existing lower and the center,pursuant to a site plan,of the proposed tower. The nearest tower of any kind (Lattice/Guyed or Monopole) is nearly 3900 feet away as depicted below. (it is a monopole) z r V` ;Al zY vely I r I - 5y". 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Towers shall not be lighted unless required by the PAA or other Stale or Federal agency with authority to regulate,in which case a description of the required lighting scheme shall be made a part of the application to install, build or modily the tower. Lighting may also be approved as a consistent component of a disguised support structure. Equipment cabinets and shelters may have lighting only as approved by the Approval Authority on the approved site plan. At the time of construction of a tower, dual mode lighting shall he requested front the FAA in eases where there are residential uses located within a distance which is 300 percent of the height of the tower from the tower. 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I • • . \ CONDITIONAL USE FINDINGS General Findings Section 35-73.A.4 The Board shall find for all Conditional Uses, or establish provisions therefor, that the Conditional Use will: a. The proposed use is consistent with the goals,objectives and policies of YES NO the Comprehensive Plan;and b. The proposed use complies with all applicable provisions of the zoning district regulations and shall conform to the general intent and purpose of the Zoning Ordinance; and c. The proposed use complies with all fire, health, building, plumbing, electrical and stormwater drainage regulations of the City and regulations of County, state and federal agencies;and d. The proposed conditional use is not materially detrimental to the public health, safety,convenience and welfare,or results in material damage or prejudice to other property in the vicinity;and e. The proposed use is compatible with and preserves the character and integrity of adjacent development and includes improvements to mitigate adverse development-related impacts, such as traffic,noise,odors,visual nuisances,or other similar adverse effects to adjacent development and neighborhoods;and f. The proposed use does not generate pedestrian and vehicular traffic which will be hazardous to the existing and anticipated traffic in the neighborhood; and g. Adequate utilities exist to serve the proposed conditional use. Conditions Section 35-73.A.5 The Board may impose conditions to ensure that the Conditional Use will not: YES NO a. No conditional use shall be enlarged, extended,increased in intensity or relocated unless an application is made for a new Conditional Use Permit in accordance with the procedures set forth in this Section. b. Development of the use shall not be carried out until the applicant has secured all the permits and approvals required. c. Signage for the use may be limited to protect the neighborhood character. A residence in which one or more home occupations has been permitted shall be limited to one sign,attached to the building,with a maximum size of one square foot, regardless of the number of home occupations operated from the residence. d. Due to the operational intensity and nature of the proposed use and the physical development characteristics,the height,bulk and lot coverage, shall be as specified in the permit. e. The building materials and architectural style of the building and related structures shall be consistent with and similar to those of adjacent buildings and as specified in the permit. f. The Board may determine the type and extent of the bufferyard,and whether a bufferyard is required to mitigate impacts of a proposed conditional use upon adjacent properties, using Section 35-59 as a guide. G:\PLANNINGFORMS\2002newforms\BOA New Forms\CU.new.wpd May 6,2002 rre +y.�e2.` City of Jefferson Carrie Tergin, Mayor Department of Planning&Protective Services / / Janice McMillan,AICP,Director 320 E.McCarty St. �ti #P Ii ; ( / / Phone:573-634-6410 Jefferson City,MO 65101 ,, `2. ` Fax: 573-634-6562 tE25 October 27, 2015 Dear Property Owner: This letter is to notify you that the Jefferson City Board of Adjustment will meet at 7:30 a.m. on the morning of Tuesday, November 10, 2015 in the Council Chambers of the John G. Christy Municipal Building, 320 E. McCarty Street, to consider the following item of business: Case No. 615003 — 1535 Fairgrounds Road; Conditional Use Permit for Cellular Tower. Application filed by Porite Jefferson Corp, property owner, Jim Libey, authorized representative, for a conditional use permit to construct a 150 feet tall telecommunication tower. The property is located on the southwest corner of the intersection of Fairgrounds Road and London Way and is described as Lot 7 of Capital City Industrial Park(Cellusite LLC, Consultant). As an adjoining landowner and/or neighbor, you have the privilege of attending this hearing. Unfortunately, we are unable to record comments received by telephone, but written comments will be made part of the official record. Written comments may be directed to the Board of Adjustment in one of the following ways: e-mail: jcplanning@jeffersoncitymo.gov fax: Department of Planning &Protective Services, Planning Division, 573-634-6457 mail: Department of Planning &Protective Services/Planning Division John G. Christy Municipal Building, 320 E. McCarty Street, Jefferson City, MO 65101 Written comments must be received before 5:00 p.m. Monday, November 9, 2015 and will be copied and distributed to Board members at the meeting. Correspondence and other items received at the time of the meeting will be included in the official record, but may be delivered to the Chairman only; there is no guarantee that copies will be made for distribution to all Board members. Interested parties who are unable to provide written comment in advance are invited to deliver their comments to the Board Chairman at the time of the meeting. Information regarding this case may be viewed on the Board of Adjustment webpage at: htto://v,rww.'leftersoneitymo.qovfp,ps/plonraingiboardofadcstment.html If you have any questions concerning this matter, please feel free to contact me at 573-634-6475. Sincerely, Eric Barron, AICP Senior 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. Jefferson City Board of Adjustment Property Owners List Case No. B15003 1535 Fairgrounds Rd November 10, 2015 JEFFERSON CITY JAYCEE HOME ASSO INC PRUITT, BRYCE & MICHELLE PO BOX 779 810 WILDWOOD DR JEFFERSON CITY, MO 65102 1/17 COUNTY PARK RD JEFFERSON CITY, MO 65109 3915 RILEY CT SENEVEY, ERIC& MARISA 40 LAKE MORGAN DR MEYSAMI, ARDESHIR LINN, MO 65051 1701 LONDON WAY 1705 LONDON WAY JEFFERSON CITY, MO 65109 1701 LONDON WAY ROBINETT, CHRIS&SARAH 1651 LONDON WAY 1709 LONDON WAY JEFFERSON CITY, MO 65109 SHACKELFORD, PHILLIP 1709 LONDON WAY 3916 RILEY CT JEFFERSON CITY, MO 65109 B & M BUILDING SOLUTIONS 3916 RILEY CT 2905 ROCK RIDGE RD JEFFERSON CITY, MO 65109 BROWN, RONALD R 1717 LONDON WAY 3912 RILEY CT JEFFERSON CITY, MO 65109 SENEVEY CONSTRUCTION L L C 3912 RILEY CT 140 LAKE MORGAN DR LINN, MO 65051 WILDWOOD REAL ESTATE CO INC 1721 LONDON WAY PO BOX 104960 JEFFERSON CITY, MO 65110 KOECHNER, RUTH S 4720 SCRUGGS STATION RD 1725 LONDON WAY JEFFERSON CITY, MO 65109 B- BUILT MFG 1725 LONDON WAY 1550 FAIRGROUNDS RD JEFFERSON CITY, MO 65109 HAAS, TIMOTHY1 1550 FAIRGROUNDS RD 1712 MORGAN CT JEFFERSON CITY, MO 65109 A& D DEVELOPMENT L L C 1712 MORGAN CT 419 VIRGINIA TRL JEFFERSON CITY, MO 65109 HEISLEN, RYAN D& B BRIE 4735 SCRUGGS STATION RD 1708 MORGAN CT JEFFERSON CITY, MO 65109 P JUDGE INVESTMENTS INC 1708 MORGAN CT F/K/A NAME CREATION.COM INC 1 N 2ND ST STITH, JERRY E TAX-B04 3911 RILEY CT HARTSVILLE,SC 29550 JEFFERSON CITY, MO 65109 1621 MAYTAG DR 3911 RILEY CT Jefferson City Board of Adjustment Property Owners List Case No. 815003 1535 Fairgrounds Rd November 10, 2015 A& D DEVELOPMENT L L C ATTN:TIMOTHY T SIGMUND 305 E MCCARTY ST STE 300 JEFFERSON CITY, MO 65101 S COUNTRY CLUB DR IKON OFFICE SOLUTIONS HOLDING CO %TAX SERVICES CENTRAL DISTRICT 810 GEARS RD HOUSTON,TX 77067 1720 LONDON WAY PORITE JEFFERSON CORP % KEVIN KOLB 1535 FAIRGROUNDS RD JEFFERSON CITY, MO 65109 1535 FAIRGROUNDS RD (Subject Property) PUBLIC WATER SUPPLY DIST#1 4346 RAINBOW DR JEFFERSON CITY, MO 65109 1630 LONDON WAY N I W--4,91-- E I Case No. 815003 S 1535 Fairgrounds Rd o 150 300 600 900 1,200 Conditional Use Permit for = Feet 150' tall Cell Tower 185 ft. Notification Buffer \ I I iI 1 // t .L . LEANDRA LN _ / / / I ii I H111 �4) //eQo =O0 �AqR ) teQ� /j�'' SCRlUGGS STATION __se,/ k, „ f SO I) L !t t II / ,,i I All re ��/ . P 8 o 'i -. i ; .I i � �N f 7 [.RILEY CTL t A Ali IlLiiii [ ?' 1 if P •��� C �O. 1 , ; 4 O t ( _ / / I', i III 1 W ESTP,ORT DR I, } 3 LWilIiii t ! i SCARBOROUGH WAY .[ I I f I I , kt ! I o@ � S �ii_1IP _� � OXFORD RDI 60 > i zi ? Ii ,t ( I lI1 (-11 II1i . 4 , : _..� ( !HILL RD �I Q 1 _ I 31 If ; s s 3 N- I ! f �K 1 k �I' ll O "" � F- _ _ ( BUCKINGHAM PARK j { ( rc i ', /, !, 3 ! lii1iIHIH ! I i ' Ii i Jefferson City Board of Adjustment November 10, 2015 Case No. B15004 Steve Lierman, Karen Schmidt 1024 Adams Street Conditional Use Permit for Signage STAFF REPORT BOARD OF ADJUSTMENT—CITY OF JEFFERSON,MISSOURI November 10,2015 Case No. B15004—1024 Adams Street; Conditional Use Permit for Signage. Application filed by Steven Lierman, property owner, for a conditional use permit to install a freestanding on premise sign in a residential district. The property is zoned RA-2 High Density Residential and is located on the northwest corner of the intersection of Adams Street and Woodlawn Avenue. The property is described as Lot 1 of Woodcrest Subdivision,Jefferson City, Missouri. PUBLIC NOTICE By publication in the newspaper, letter to adjacent and affected property owners within 185 feet, and by property sign posting. NATURE OF REQUEST The applicant operates a senior living facility at this location and is requesting approval to place a freestanding sign within the courtyard area in front of the building adjacent to Adams Street in order to identify the building. Freestanding signs for this type of land use(senior living facility)within the residential districts requires a conditional use permit from the Board of Adjustment and is subject to findings as outlined in Section 3-12 of the Jefferson City Sign Code. The proposed sign would consist of two 5 feet tall brick columns with a roughly 4' by 9.5' double sided sign mounted between the columns. The size of the sign would be approximately 38 square feet. The sign would be constructed of aluminum and painted "warm gray". Proposed optional illumination of the sign would consist of an exterior light facing each side of the sign with a maximum wattage of 60 watts. HISTORY Inn 1987, the City issued a sign permit for alterations to an existing monument sign, erected in 1969, in order to light it. A neighboring property owner objected to the sign and appealed the permit issuance to the Board of Adjustment. The Board upheld the appeal and ruled both that the sign permit for modifications was improperly issued by staff and the existing sign was never permitted by City Code, and therefore illegal. The sign was removed by the property owner. In April of 2007, an application for a conditional use permit was filed to install a 4' by 4' sign attached to decorative lampposts within the courtyard area. The Board denied the request on a vote of 3 in favor and 2 opposed. The property owner then reapplied for a 24 square feet building mounted sign,which was approved by the Board at the June,2007 meeting. ZONING AND SURROUNDING LAND USE The subject iroperty is zoned RA-2 Multi Family Residential. Surrounding Zoning Surrounding Uses North RS-4 Single Family Residential South RS-4 Single Family Residential East RS-4 Single Family Residential West RS-4 Single Family Residential STAFF ANALYSIS While a signage presence near the street in order to identify the facility for visitors that might not be familiar with its location seems like a necessary feature for a senior living facility use, the facility's location within a single family residential neighborhood is already a land use conflict for the area and a commercial sign along the residential street would be an addition to that conflict. The historic nature of the residential neighborhood is also of note, with many of the houses dating to the 1930's, and a modern sign would detract from the historic quality of the area. Case No. B 15004 November 10, 2015 Planning Staff Report Page 2 CONDITIONAL USE PERMIT FINDINGS—ON PREMISE SIGNS To grant a conditional use permit for an on premise sign, the findings outlined in Section 3-12.B.4 of the Jefferson City Advertising and Sign Code must be met. STAFF ANALYSIS OF REQUIRED FINDINGS Finding Yes No Comments The proposed sign does not eliminate an adequate X The proposed sign has a negligible effect supply of light or air to the adjacent property. on the supply of air and light in the area. The proposed sign does not endanger the safety of X The proposed sign would not create a the public. safety hazard. • The proposed sign is not unduly injurious to the use X The size and location of the sign would and enjoyment of adjacent property nor have a minimal effect on the use and substantially diminishes property values in the enjoyment of surrounding property. neighborhood. The proposed sign is not obtrusive or incompatible X The design and size of the proposed sign nor does it injure the character of the is out of character with the historic nature neighborhood. of the surrounding single family neighborhood. The proposed sign does not obstruct significant X The proposed sign would not obstruct any views and vistas. significant views or vistas. The proposed sign does not obstruct vision where X The location of the proposed sign would such obstruction could create a traffic hazard. not create a traffic hazard. The proposed sign is in keeping with the general X The proposed(optional)lighting is in spirt and intent of the Advertising and Sign Code. conflict with the residential district. STAFF RECOMMENDATION The required findings do not appear to be met. The design and size of the sign would be out of character with the historic nature of the adjacent residential neighborhood and the proposed lighting of the sign would conflict with the residential area,where lighted signs are discouraged. FORM OF MOTION Motion for approval of the proposed Conditional Use Permit for an on premise freestanding sign in a residential district. City of Jefferson Board of Adjustment VICINITY , I ,��� q< j Toy, tssX j� Q/�q'y���iik \ \ # \ ® jos j �\ y< QOQ \,/ - / i,/Pty *y eir N .to / 4 4/ # /4° Nkoao ,40 / \ . ,<.,: `� /\ �2 �sr \�'Si7�� / ROL1AND=ST Ot.+\,\ \#< te./_LS <\- d 4 4/4 /t. #*;Plhe ‘r NT Gp\ s/ \T 3 'k0 P 44' �P 41/ s/ YMCA-DR /� N Case No. B15004 0 160 320 640 Feet N 1024 Adams St. m m ' 4 Conditional Use Permit \V—09— E for Signage S City of Jefferson Board of Adjustment LOCATION MAP Nyfc-- / �t rP� '`ts y� P'- 1' to ).' :'' ll`;S41 *sem '�,�.(� it ,t..: 41,11-4.', ` �. �r r y L\.9^;- ' p J''"r rr(�O 5 sari ILOS�, .; 4.fi�t£s vs 11,2:- `0 w „;€3,---:14.24.,�a��� .,..,4,•-",:,. „ ,.,- ii'l It go. °; ' i'. 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'' . ,2, : = FP .;. r.rfr ', Q J r yY _ a 4. 1 \6 � /y�e � r 1 6 'f ft, q 7 l xo/ �,. Gr ''4 , 9 l I Case No. 615004 0 i s 230 460 Feet N 1024 Adams St. � Conditional Use Permit w_�� E for Signage r S JON City of Jefferson Date filed: •`'"1 r1vt� Department of Planning&Protective Services x s. : 320 E.McCarty Street " � Jefferson City,MO 65101 4 ,11Eub` Phone:573-634-6410 r. jcplanningr&jeffcitynto.orq www.jeffersoncitymo.gov APPLICATION TO THE BOARD OF ADJUSTMENT 1. The undersigned hereby request(s)the following: O Appeal(Section 35-73C) 0 Conditional Use Permit(Section 35-73A; Section 35-71, Site Plan) O Variance(Section 35-73B; Section 35-71, Site Plan) O Chapter 3,Advertising and Signs: Conditional Use Sign Permit O Chapter 8,Article V, Flood Hazard Regulations;Variance to Flood Hazard Regulations O Other(including Interpretations; please describe in#2 below) 2. Describe exactly the type of project proposed or what is being requested and the purpose of the request. Cite affected Section numbers if known(or attach separate sheet). monument sign for Adams Street. Doubled sided approx. 116"x 49 5/16"x 090 aluminum with dome top 3. The application is filed for the following described real estate: (the correct legal description of the property must be printed below or attached to this application). A. Street Address: 1024 ADAMS STREET Lot No. 1 of Woodcrest Subdivision in the City of Jefferson, MO per B. Property Description: plat or record in Plat Book 3, Page 2, Cole County Recorder's Office 4. A site plan in accordance with Section 35-71 is required for conditional use permits and variance applications. A "sketch" site plan may be required for other applications such as conditional use sign applications. A check in the amount of$210.00* payable to the "City of Jefferson"for the application filing fee must be attached to this application. *Revised June 30, 2015. 5. Variance applicants must complete the attached Variance Affidavit. Each question must be answered and the affidavit must be signed by the plicant&) and notarized. 6. The undersigned certify to be all of the owner( of the above described property. (All owners of this property must sign and the sig tures must be notarized). Property Owner Name(type or print) Property Owner Signature Pro.ert Owner Name(type or print) Property Owner Signature 1.Karen amid( 11 '-.` -, � . Sa�cnillsicas sworn be )re me this I day of ' 1 .1v7- 1 r g rj1. i`� State of Missouri County of St Charles (.. My Commission Expires 08110/2019 --- Commission1r 15427991 irk t, c.-`t - ' -\\11,..i)::- V Notary Public Applicant(if different from property owner): Name Mailing Address Phone Number Specific information may be required depending upon type of application. Please refer to the appropriate Chapter. Other permits,including building permits and sign permits may be required in addition to Board actions. Please seek advice of City staff or your consultant,if applicable. 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. BOARD OF ADJUSTMENT REQUEST FOR MONUMNENT SIGN AT 1024 ADAMS STREET We would like to construct an exterior ground monument sign. The sign is a standard identification monument we commonly use at many of our other senior living facilities. The sign would be approximately 15' in length and 5' in height, this is inclusive of the two (2) stoned mounted columns to be located on either side of the sign. We do not anticipate this sign to be lighted, however in the event that we would wish to illuminate, there would only be one (1) small up-light on each side for a total of two (2). The bulb wattage would not exceed 60 watts. The sign itself would be make of 1" square aluminum tube, roll formed & welded, painted to match PMS Warm Gray . This sign is needed to help identify the building. There are emergency vehicles that need to get to our facility as well as the family of a newly admitted resident whose is trying to come and visit. We believe that having the sign should also slow down traffic since there will not be the potential motorist just driving up and down the street to find 1024 Adams Street. Right now the building has no signage to identify what it is or the address. There have been families trying to locate a loved one and simply drive right by because the building is not marked and there is no indication of an address. We believe that a new sign will allow families to locate us faster and also help with emergency vehicles to ensure that they are at the right place. f . o . l -1:3 '� v 7.c -v. g j0 J ea 5-iv,Y d N _ C L _ JZ i- N O N Nl kJ -V N _ - J N VW 1 N.- S. v) m - i Y-N :c in O E Z =Q N_ X L m O r Oi N , ,, o Z- 5Z ii ip F, is - O m_ i N - " Q . � `RI Y N N M 61 � ..Q o W _ - X - v N -- E d C 'C o - 0'c J % Nie N - _ d - = t N N M N 72 -- "C 3 H - _- N i Z Z p a ..ii-- - v c "e E N v �. rn c E,s W - w -: m .N- v 0 to '.3 � "2 c N N@ as c ro s pv � 76 of - -i= Un u m - � W Off' kr c 1+- p wa -o -N ac N N Q-v cqo� C - AI - z _ 0i. m o m t — — _ �o E p a)- c � E - E _ _ 3 an z a-.. •2 iEn ---oo Q __._s 7- o_ - J _6 ia._m -:`c m yo a. N v~i . 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Not eliminate an adequate supply of light or air to adjacent property nor endanger the safety of the public. 2. Not be unduly injurious to the use and enjoyment of the adjacent property nor would it substantially diminish property values in the neighborhood. 3. Not permit obtrusive or incompatible signs to injure the character of the neighborhood. 4. Not obstruct significant views and vistas. 5. Not obstruct vision where such obstruction could create a traffic hazard. 6. Be in keeping with the general spirit and intent of this chapter. getp..it 144, +! , . e a »r? City of Jefferson �" �� Carrie Tergin, Mayor Department of Planning&Protective Services \ ` - fr'SJanice McMillan,AICP,Director 320 E.McCarty St. \ "` a .> Phone:573.634-6410 Jefferson City,MO 65101 - k Fax: 573.634.6562 October 27, 2015 Dear Property Owner: This letter is to notify you that the Jefferson City Board of Adjustment will meet at 7:30 a.m. on the morning of Tuesday, November 10, 2015 in the Council Chambers of the John G. Christy Municipal Building, 320 E. McCarty Street, to consider the following item of business: Case No. B15004 — 1024 Adams Street; Conditional Use Permit for Signage. Application filed by Steven Lierman, property owner, for a conditional use permit to install a freestanding on premise sign in a residential district. The property is zoned RA-2 High Density Residential and is located on the northwest corner of the intersection of Adams Street and Woodlawn Avenue. The property is described as Lot 1 of Woodcrest Subdivision, Jefferson City, Missouri. As an adjoining landowner and/or neighbor, you have the privilege of attending this hearing. Unfortunately, we are unable to record comments received by telephone, but written comments will be made part of the official record. Written comments may be directed to the Board of Adjustment in one of the following ways: e-mail: jcplanning@jeffersoncitymo.gov fax: Department of Planning &Protective Services, Planning Division, 573-634-6457 mail: Department of Planning &Protective Services/Planning Division John G. Christy Municipal Building, 320 E. McCarty Street, Jefferson City, MO 65101 Written comments must be received before 5:00 p.m. Monday, November 9, 2015 and will be copied and distributed to Board members at the meeting. Correspondence and other items received at the time of the meeting will be included in the official record, but may be delivered to the Chairman only; there is no guarantee that copies will be made for distribution to all Board members. Interested parties who are unable to provide written comment in advance are invited to deliver their comments to the Board Chairman at the time of the meeting. Information regarding this case may be viewed on the Board of Adjustment webpage at: htto:/iwww.ieftersonci€ymo.povfppslplannine/boardofadiustment.htrr,C If you have any questions concerning this matter, please feel free to contact me at 573-634-6475. Sincerely, Eric Barron, AICP Senior 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. Jefferson City Board of Adjustment Property Owners List Case No. B15004 1024 Adams St November 10, 2015 BRYANT, JAMES RUSSELL&JEAN W PANKRATZ, JANETTE L 1002 ADAMS ST 1012 OAK ST JEFFERSON CITY, MO 65101 JEFFERSON CITY, MO 65101 1002 ADAMS ST 1012 OAK ST ANDREWS, ALICE W& MARCUS M FEELER, JEFFREY P& HEATHER D 1004 ADAMS ST 1014 OAK ST JEFFERSON CITY, MO 65101 JEFFERSON CITY, MO 65101 1004 ADAMS ST 1014 OAK ST MCDANIEL, KYLE 1 &JAQUELINE A STRUEMPH, MARK JOSEPH & DIANE L 32477 CRAWFORD RD 1018 OAK ST CALIFORNIA, MO 65018 JEFFERSON CITY, MO 65101 1003 OAK ST 1018 OAK ST HOLLANDSWORTH, RONALD L TWEHOUS, MARY KAY 309 TYLER ST 1020 OAK ST JEFFERSON CITY, MO 65101 JEFFERSON CITY, MO 65101 1001 OAK ST 1020 OAK ST BONNOT, JOHN LEONARD& KATHOLENE F RIEGER, LINDSEY 1625 NICHOLS RD 1022 OAK ST OSAGE BEACH, MO 65065 JEFFERSON CITY, MO 65101 1002 OAK ST 1022 OAK ST DISTLER, THELMA I STEGEMANN, KATHERINE D % DANIEL J &THELMA HENDRICKS 28752 FERRY LANDING RD PO BOX 115 STOVER, MO 65078 HOLTS SUMMIT, MO 65043 1024 OAK ST 1004 OAK ST PAPPENFORT, JULIE MOFFAT, RICHARD H & MELANIE G 1026 OAK ST 708 E MCCARTY ST JEFFERSON CITY, MO 65101 JEFFERSON CITY, MO 65101 1026 OAK ST 1006 OAK ST WADE, DRUSILLA L LONG, JASON M 1028 OAK ST LUTTRELL, JASON R JEFFERSON CITY, MO 65101 1008 OAK ST 1028 OAK ST JEFFERSON CITY, MO 65101 1008 OAK ST FEYEN, WILLARD G 1119 MONROE ST GREENE, ROBERT& CHRISTINE JEFFERSON CITY, MO 65101 1010 OAK ST 1119 MONROE ST JEFFERSON CITY, MO 65101 1010 OAK ST Jefferson City Board of Adjustment Property Owners List Case No. 815004 1024 Adams St November 10, 2015 CAPITAL REGION MEDICAL CENTER JACKSON, LESLIE CHARLES&JANET M 1125 MADISON ST 316 WOODLAWN AVE JEFFERSON CITY, MO 65101 JEFFERSON CITY, MO 65101 1114 OAK ST 316 WOODLAWN AVE 1110 OAK ST 1108 OAK ST LIERMAN FAMILY COMPANY X L LC 1106 OAK ST 2500 S OLD HIGHWAY 94 STE 104 STECK, LEO A& BETTY J ST CHARLES, MO 63303 TRUSTEES 1024 ADAMS ST(Subject Property) 3023 ROCK RIDGE RD JEFFERSON CITY, MO 65109 POLLOCK, CARL A JR& PATRICIA 308 WOODLAWN AVE PO BOX 243 310 WOODLAWN AVE JEFFERSON CITY, MO 65102 1001 ADAMS ST JOBE, KENDALL D 312 WOODLAWN AVE HERMAN, ROBERT S& ROBERTA K JEFFERSON CITY, MO 65101 1005 ADAMS ST 312 WOODLAWN AVE JEFFERSON CITY, MO 65101 314 WOODLAWN AVE 1005 ADAMS ST BRAUN, GARY WAYNE & DONNA KAY HARDEN, JOSHUA K T& KATHLEEN RENE 3506 CODY DR 1021 ADAMS ST JEFFERSON CITY, MO 65109 JEFFERSON CITY, MO 65101 1107 OAK ST 1021 ADAMS ST ADAMS, JEFFREYA FRAZIER, KATHYA&ALANH 901 JEFFERSON ST 1023 ADAMS ST JEFFERSON CITY, MO 65101 JEFFERSON CITY, MO 65101 1111 OAK ST 1023 ADAMS ST KEIL, KATHERINE ELIZABETH VEILE, STEPHEN E& KAY E 1108 ADAMS ST 1025 ADAMS ST JEFFERSON CITY, MO 65101 JEFFERSON CITY, MO 65101 1108 ADAMS ST 1025 ADAMS ST RUTLEDGE, ROBERT M LOGSTON, CALEB R& EDYTHE H RUTLEDGE, DANIEL L 400 WOODLAWN AVE KIRTLEY, CARRIES JEFFERSON CITY, MO 65101 12310 DAVIS CT 400 WOODLAWN AVE FT MYERS, FL 33905 1106 ADAMS ST MILLER, KYLE A&SAMANTHA LEANN 408 WOODLAWN AVE JEFFERSON CITY, MO 65101 408 WOODLAWN AVE Jefferson City Board of Adjustment Property Owners List Case No. 815004 1024 Adams St November 10, 2015 JOB, STEVE L& MARGARET A 407 WOODLAWN AVE JEFFERSON CITY, MO 65101 407 WOODLAWN AVE I N � E r S Case No. B15004 1024 Adams St. 0 75 150 aooN aso soo Conditional Use Permit Feet for Signage 185 ft. Notification Buffer ' /N A-. q.,5 NV i �`� ^^ qT�� p sr IQI, I ' I/ fr epi p ROLAND ST ,} /// ,### \/ i A ,yL ` 111,S.'-, �S e rr QP Jefferson City Board of Adjustment November 10 , 2015 Adoption of 2016 Meeting Schedule `to OF 1 • c ltci e ilM0 f „ _, ,44iri--,— Department of Planning and Protective Services Memo ran d u rn 320 East McCarty Street • Jefferson City, Missouri 65101 • P: 573.634.6410 • F: 573.634.6457 • www.jeffcitymo.org Date: November 4, 2015 To: Board of Adjustment From: Eric Barron, AICP, Senior Planner Subject: Consideration of evening meeting time for future Board of Adjustment meetings. In the past, Planning division staff have received comments from citizens that the early morning meeting time of the Board of Adjustment is inconvenient for people wishing to testify on applications being considered by the Board, and that an evening meeting time would allow for citizens to attend the meeting without disruptions to their typical daytime work schedule. Staff concur that an evening meeting time would be more convenient to the general public. The preferred evening time would be the second Tuesday of the month at 5:15 PM. Planning and Zoning Commission meetings start at 5:15 PM, and that timeframe seems to work well for all parties (city staff, Commission members, and the general public). The Council Chambers are available at this time, although Council functions occasionally require use of the Council Chambers at times other than their regularly scheduled meetings (such as during budget season or to accommodate rescheduled meetings). Scheduling conflicts would be worked out on a case by case basis by staff as they arise, and would usually be resolved by moving the meeting across the hall to the Large Conference Room. If the Board is in favor of shifting to an evening meeting time, staff would recommend the second Tuesday of every month at 5:15 PM.