Loading...
HomeMy Public PortalAbout2015-12-08 minutesMINUTES JEFFERSON CITY BOARD OF ADJUSTMENT December 8, 2015 BOARD MEMBERS PRESENT Wilma Partee, Chairwoman Stacey Young, Vice -Chairman Matt Rimiller Andrew Hake Brad Schaefer, Alternate BOARD MEMBERS ABSENT Paul Graham Katy Lacy, Alternate Robert Gammon, Alternate STAFF PRESENT Eric Barron, Senior Planner Janice McMillan, Director of Planning & Protective Services Bryan Wolford, Associate City Counselor Diane Cary, Administrative Technician ATTENDANCE RECORD 4 of 4 2of4 3 of 4 4 of 4 2of2 3 of 4 3of4 3of4 1. Call to Order and Introduction of Members, Ex -Officio Members and Staff Chairwoman Partee called the meeting to order at 7:37 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, Stacey Young, Andrew Hake, Matt Rimiller, and Brad Schaefer. 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 the 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 Ms. Young moved and Mr. Rimiller seconded to adopt the agenda as printed. The motion passed 5-0 with the following votes: Aye: Partee, Young, Hake, Rimiller, Schaefer 4. Approval of Minutes for the Regular Meeting of November 10, 2015 Ms. Young moved and Mr. Rimiller seconded to approve the minutes as written. The motion passed 5-0 with the following votes: Aye: Partee, Young, Hake, Rimiller, Schaefer Minutes/.Jefferson City Board of Adjustment Page 2 December 8, 2015 5. Communications Received Correspondence was received for Case Nos. 615005 & 615006 6. New Business — Public Hearing Case No. B15006 — 1200 Myrtle Ave; Conditional Use Permit for Expansion of Private School. Application filed by Helias High School for a conditional use permit to expand private high school facilities on approximately 14.5 acres including construction of a sports complex. The property is located on the northwest corner of Myrtle Avenue and Swifts Highway and is described as part of lots 13, 14 and 15 of Swift and Thompson's Subdivision, and all of lots 1 thru 10 of Block 17, all of lots 1 thru 14 of Block 18, and part of vacated Morris Street and vacated Elizabeth Street of Morris and Edmonds Subdivision, Jefferson City, Missouri (Central Missouri Professional Services, Consultant). Mr. Barron explained that the applicant is requesting approval to expand the private high school facilities onto adjacent property across Myrtle Avenue. Private schools, including associated facilities such as parking lots and sports fields, are a conditional use of the RS -2 zoning of the property. Mr. Barron explained that the conditional use site plan envisions construction of a football stadium, tennis courts, soccer field, and track and field facilities. Several parking areas, locker rooms, and a 4 story press box for the football field and smaller press box for the soccer field are included in the plans. Father Steven Jones, 218 Settlers Ridge, spoke. Father Jones is the President of Helias Catholic High School. He stated there was a need for on-site competition and practice athletic facilities for a variety of sports which impact over 85% of their student body. This new complex would meet the needs also for practice, safety, and competition activities. He stated that this would be a great benefit for their school as well as the community. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty St, spoke in favor of the request. Mr. Bates introduced Brian McMillian, Senior Project Engineer, Cary Gampher, part of the design team, Ed Twehous, the owner's representative and Alan Pollock, Housing Authority. Mr. Bates discussed the 3 visuals that were presented to the Board showing the football field, tennis courts, soccer field, and improved track. Brian McMillian, Central Missouri Professional Services, 2500 E. McCarty St, spoke, giving more specific provisions of the site plan. He described the different grading plans and elevation differences for the different sports fields. He stated that the goal is to do this project as one phase and to have it completed by late summer or early fall of 2016. Mr. Barron added that final site details would need to be submitted to City staff for review and administrative approval pending approval of the conditional use permit governing the land use approval and general layout of the proposed development. He stated that lighted athletic fields are required to be separated from adjacent residential property by a Type C Bufferyard. Adjacent property to the north is in use as an office for the Jefferson Housing Authority and a bufferyard would not be necessary for screening purposes from this commercial use. Adjacent property to the west is in use as a church and the church has reviewed the plans and is in support of the project. Traffic volumes for the sports complex, while difficult to quantify, are not expected to exceed traffic volumes generated by the existing high school use and would likely occur at off peak times. Mr. Barron stated that noise regulations do not apply to activities conducted by public or private schools upon their property according to City Code. Alan Pollock, Director of the Housing Authority, spoke in favor of the request. He stated that this overall plan was presented to his office 5 years ago. Being in agreement they have sold a piece of property on the northern strip and have vacated Morris Street with the condition that they could tie their parking lot back into the developed roadway. Laura Buchta, 1208 Myrtle Dr, spoke in opposition of the request. She stated that the traffic in front of her residence is always very active and that their driveway is blocked on a regular basis. Regarding this traffic issue, Ms. Young asked Mr. McMillian if the new facility would help with the parking issues. Mr. McMillian answered by saying there will be 130 parking spaces provided as well as Capital Minutes/Jefferson City Board of Adjustment Page 3 December 8, 2015 City Christian Church has also volunteered the use of their parking facility when needed. However, these won't be enough, so there will be some parking on the streets. Mr. Bates added that the school would be glad to meet with the neighbors and discuss ways to help with the parking issue. Father Jones agreed that the school would be glad to work with the neighborhood over these parking issues and he apologized for the students' actions. Rick Trimble, 1405 Swifts Hwy, also spoke in opposition of the request. His complaint is during the peak hours cars are parked on both sides of the road and then no one can get down the street. Some vehicles have even parked in private yards. He would like to see more enforcement from the police department. Mr. Bates added that he sees the need for communication to be improved and that the school needs to reconnect with the neighborhood. He committed to open doors with the community. The bufferyard requirement was explained by Mr. Barron. Testimony closed. Mr. Rimiller moved for approval of the proposed conditional use permit for an expansion of private high school facilities subject to the following conditions. 1. Compliance with bufferyard separation requirements for remaining adjacent single family properties (barrier feature not required due to terrain). 2. Submittal of final site plan for administrative review by City Staff to ensure compliance with applicable city code requirements. Ms. Young seconded the motion. The motion passed 5-0 with the following votes. Aye: Partee, Young, Rimiller, Hake, Schaefer Case No. B15006 — 3519 Bennett Lane; Conditional Use Permit for Assisted Living Facility. Application filed by F and F Development, property owner, on behalf of The HALO Foundation, applicant, for a conditional use permit to operate an assisted living facility in a RU Rural zoning district. The property is located on Bennett Lane 1500 feet south of Christy Drive and is described as part of the NE Quarter of the SE Quarter of Section 26, Township 44 North, Range 12 West, Jefferson City, Missouri (Central Missouri Professional Services, Consultant). Mr. Barron explained that the applicant is requesting approval to use the property, formerly known as the Rickman Center, as an assisted living facility for homeless youth. The property is zoned RU, Rural. The property was recently acquired by F & F Development from The Christian Church (Disciples of Christ) of Mid-America. Assisted living facilities are a Conditional Use of the RU zoning district. Mr. Barron explained that the HALO Foundation would occupy the facility and would remodel it to meet their needs. Their construction plan consists of multiple phases. Their plan is to have 14 residential units within the main building and a learning center, dining area, and laundry room. The building is surrounded by woods and is separated from the nearest adjacent property by approximately 600 feet. Paul Sampson, Central Missouri Professional Services, 2500 E McCarty St, was representing F & F Development. Mr. Sampson described the applicant's overall plans for this property. They decided to repurpose the conference center for the betterment of the community and allow the HALO foundation use it. In the hotel area, this will be remodeled into efficiency apartments, a dining area, kitchen and office space. The project will cost will be around $1.3 million. Elle Benage, Program Director for the HALO program, 3519 Bennett Ln, spoke. Ms. Benage explained what the HALO Foundation does and what they look for in identifying which youth can participate in the program. This program is for homeless youth, youth who can't live with their biological parents for some reason. They will be given a background check, the youth cannot have a criminal record, and they can live at the home for up to 24 months. Here they can finish school, take parenting classes, seek employment, learn independent learning skills, and learn to become successful adults. They will be able to house up to 30 youth in this facility. Minutes/Jefferson City Board of Adjustment Page 4 December 8, 2015 Ms. Young asked if their offices had received concerns from neighbors in the area about the students that will be living there. Ms. Benage replied that they have received 2 letters from neighboring homes regarding this and that she has talked to both of them and has answered questions for them. These women were Norma Jennings and Mary Dean. Ms. Benage also stated that the police department will participate by patrolling the area and making safety inspections for them. Mr. Barron gave the staff analysis of the required findings. He stated that the required findings appear to be met. The proposed assisted living facility would have a minimal effect on the area and is well separated from adjacent properties. Mr. Barron explained that this application is just for the existing building on this property. If the applicant would propose an additional building in the future, they would need to come back to this body and apply for an amended conditional use permit in order to show a second building on this site. Ms. Young moved for approval of the proposed conditional use permit for an assisted living facility and was seconded by Mr. Rimiller. The motion passed 5-0 with the following votes: Aye: Partee, Young, Rimiller, Hake, Schaefer Case No. 815007 —1211 Cottage Lane; Side Setback Variance. Application filed by River City Habitat for Humanity, property owner, for a 1.5 feet variance from the side setback requirement of 7 feet to allow a setback of 5.5 feet. The property is located on the north side of Cottage Lane 220 feet west of Houchin Street and is described as Lot 15 and part of Lot 16 of Houchins Addition, Jefferson City, Missouri. Mr. Barron stated that the property is located on the north side of Cottage Lane, 220 feet west of Houchin Street. The property consists of a vacant lot in an RS -4 Single Family Residential zoning district. A house that had existed on the property for many years was demolished in the late 1990s. The side setback requirement for the RS -4 district is 7 feet. River City Habitat for Humanity has acquired the property and would like to construct a 26'6" wide house on the property with driveway beside the house. A utility pole and row of bushes on the eastern side of the property complicates the site design. The owner has applied for a side setback variance in order to shift the house to the western side of the property and allow room for the driveway without having to relocate the utility pole. Mr. Barron explained that the property is 48 feet wide, which is less than the normally required lot width of 50 feet for the RS -4 district. The normal side setback for a driveway is 2 feet and this proposal would result in a 3 feet setback of the driveway from the eastern property line. The utility pole adjacent to the street at the southeast corner of the property forces the driveway further from the side property line than the minimum requirement. When combined with the substandard width of the property, the utility pole appears to create a practical difficulty in arranging a house and driveway on the lot according to normal zoning code setback requirements. A 10 feet wide platted unimproved alley exists on the western side of the property. Although the alley was never constructed, its presence serves as a further separation from neighboring property in addition to the setback for the structure. The alley is not used very much and as far as Mr. Barron knows, there are no utilities in the alley. Kyle Kittrell, applicant, is the Construction Manager for River City Habitat, 1420 Creek Trail Drive. Their goal is to build decent houses for residents. They build on donated lots or inexpensive lots. This happens to be the smallest lot they have decided to build on. Because of the hill, they decided it will be best if they put the driveway on the lower side. Mr. Kittrell announced that this house will be #98 for Jefferson City. Tina Kohl, 1223 E. Dunklin, spoke in opposition of the request. After being sworn in, she voiced her concern again. Her yard butts up to an alley across the street. She is not opposed to the building of the house, but her concern is about the increase of traffic from the construction trucks that will be using the alley while it is being built. The alley is not taken care of, except for what she and her husband might do to clean up the trash and drug needles themselves. Minutes/Jefferson City Board of Adjustment Page 5 December 8, 2015 Her concern is that there would not be further damage to the alley. Chairwoman Partee explained to Ms. Kohl that her concern does not fall within the scope of this Board. Mr. Barron, however, did suggest that she could contact the Street Department to see if they are maintaining this alley, as well as the Police Department because of drug problems. Mr. Kittrell stated that they can suggest to the concrete company which routes to take to get to the building site, but they can't make them use the road and not the alley. Testimony closed. Mr. Barron gave the staff recommendations and stated that the required findings appear to be met. The setback variance is requested in order to address site design issues associated with existing lot width and the presence of a utility pole. The impact of a reduced setback for the house would have a minimal impact on surrounding property due to the presence of an unconstructed alley and would result in a site design similar in nature to the existing houses on Cottage Lane. Ms. Young moved to approve a variance of 1.5 feet from the side setback requirement of the RS -4 district of 7 feet to allow as side setback of 5.5 feet. Mr. Hake seconded the motion. The motion passed 5-0 with the following votes: Aye: Partee, Young, Rimiller, Hake, Schaefer. Case No. 815008 — 2104 Industrial Drive; Side Setback Variance. Application filed by City of Jefferson, property owner, for a 7.6 feet variance from the side setback requirement of 10 feet to allow the property to be split and the existing structure to have a setback of 2.4 feet from the new property line. The property is located on the north side of Industrial Drive 1000 feet west of Dix Road and is described as part of the SE Quarter of Section 2, Township 44 North, Range 12 West, Jefferson City, Missouri. Mr. Barron stated that this is a request from the City of Jefferson. This property consists of the old Fire Station #3, which is no longer in service after the construction of the new fire station on Rock Hill Road/Highway 179. The building and front portion of the property have been offered for sale and the City is in final negotiations regarding this sale. In order to accommodate the sale, the City plans to divide the property into two tracts, with the rear portion of the property remaining in City ownership and the front portion of the property being sold. The rear tract would be connected to Industrial Drive via a 35 feet wide strip of property along the western property line. The 35' wide strip of property would be within 2.4 feet of the corner of the existing fire station building, which is less than the required 10 feet side setback of the C-1 zoning district. In order to accommodate the property division and remove any title issues associated with the reduced setback for the future property owner, the City is requesting a side setback variance. Mr. Barron explained that the request is filed in order to accommodate a split of the property and allow the City to retain street frontage for the rear portion of the property. The 35 feet wide strip of property that would serve as access to the rear tract is surveyed along an existing driveway that also serves as access to the rear of the old fire station building. An easement would be granted along the 35' strip of property to the future owner of the front tract to serve as access to the rear of the existing building. With the 35' strip of property having a shared use through the granting of the access easement, any negative effects associated with the granting of a setback variance from a property line associated with the strip of property are largely negated. The question was asked if there would be any paving going on regarding the drive and Mr. Barron stated that there are no improvements necessary or planned at this time. Chairwoman Partee opened the floor for public testimony. There was no public testimony and testimony was closed. Mr. Barron stated that the required findings appear to be met. The setback variance is requested in order to accommodate a split of the property, with no changes to the existing arrangement of building and driveway. An access easement across the property adjacent to the requested setback variance largely negates any negative impacts associated with the reduced setback. Minutes/Jefferson City Board of Adjustment December 8, 2015 Page 6 Mr. Rimiller moved to approve a variance of 7.6 feet from the side setback requirement of the C-1 district of 10 feet to allow a side setback of 2.4 feet. Ms. Young seconded the motion. The motion passed 5-0 with the following votes: Aye: Partee, Young, Rimiller, Hake, Schaefer. 7. Miscellaneous Reports. There were none. 8. Other Business A. Election of Officers Mr. Hake recommended that the existing Chair and Vice -Chair continue for the new term. Both Wilma Partee and Stacey Young agreed to serve. The vote passed unanimously. 9. Adjournment With no other business Chairwoman Partee adjourned the meeting at 9:40 a.m. Respectfully submitted, Diane Cary Administrative Technician