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
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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
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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
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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.
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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.
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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.
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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