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2017-10-10 packet
Notice of Meeting & Tentative Agenda Jefferson City Board of Adjustment Tuesday, October 10, 2017, 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 September 12, 2017 5. Communications Received 6. New Business Public Hearings Case No. B17010 —1616 Oilwell Road; Conditional Use Permit for Event Center. Application filed by Turkey Creek Golf Center LLC, property owner, for a Conditional Use Permit to operate an Event Center in an RU zoning district. The property is located on the east side of Oilwell Road 4000 feet north of Cedar City Drive and is described as part of section 9 and 10, Township 44 North, Range 11 West, Jefferson City, Callaway County, Missouri. Case No. B17011 — 2800 Route J; Conditional Use Permit for Topsoil Extraction/Supply Business. Application filed by Sandra Smith, property owner, on behalf of Premium Topsoil LLC, applicant, for a conditional use permit to operate a topsoil supply business / topsoil extraction operation. The property consists of approximately 175 acres located on the west side of Highway J approximately 2.5 miles north of Highway 50 and is described as part of private surveys 2616 and 2611 and part of Section 20, Township 44 North, Range 10 West, Jefferson City, Cole County, Missouri (G&T Services LLC, Consultant). 7. Miscellaneous Reports 8. Other Business A. Election of Officers 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 September 12, 2017 BOARD MEMBERS PRESENT Paul Graham Andrew Hake, Vice Chair Katy Lacy Robert Gammon, Alternate Brad Schaefer, Alternate BOARD MEMBERS ABSENT Matt Rimiller Stacey Young, Chairwoman COUNCIL LIAISON PRESENT Erin Wiseman STAFF PRESENT Sonny Sanders, Director of Planning & Protective Services Eric Barron, Planning Manager Bryan Wolford, Associate City Counselor Alex Rotenberry, Transportation Planner Larry Burkhardt, Building Official Anne Stratman, Administrative Assistant ATTENDANCE RECORD 6 of 7 7 of 7 6 of 7 4 of 6 6 of 6 3 of 7 7 of 7 1. Call to Order and Introduction of Members, Ex -Officio Members and Staff Vice Chairman Hake called the meeting to order at 7:35 a.m. and introduced Board members and staff. A quorum was present to hear the items on the agenda. The following members were designated to vote: Gammon, Graham, Hake, Lacy and Schaefer. Those wishing to speak to the Board were sworn in. 2. Procedures Explained Vice Chairman Hake explained the procedures of the meeting. Mr. Barron entered the following documents 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 10. Rules of Procedure for the Board of Adjustment 3. Adoption of Agenda Mr. Graham moved and Ms. Lacy seconded to adopt the agenda as printed. The motion passed 5-0 with the following votes: Aye: Gammon, Graham, Hake, Lacy, Schaefer 4. Approval of Minutes for the Regular Meeting of August 8, 2017 Mr. Graham moved and Ms. Lacy seconded to approve the minutes as printed. The motion passed 5-0 with the following votes: Aye: Gammon, Graham, Hake, Lacy, Schaefer 5. Communications Received Minutes/Jefferson City Board of Adjustment Page 2 September 12, 2017 Correspondence was received for Case Nos. 617008 and B17009. 6. New Business — Public Hearing Case No. 617008 — 1700 Delta Place; Fence Height Variance. Application filed by Jerad Miller, property owner, for a variance of 2 feet from the 4 feet maximum fence height in the front yard to permit a fence height of 6 feet on the Paddlewheel Circle frontage of the property (Section 35-59.F.2.a). The property is located on the northwest corner of the intersection of Delta Place and Paddlewheel Circle and is described as Lot 27 of Riverhills Addition Section 2, Jefferson City, Missouri. Mr. Rotenberry described the proposal and explained that the property consists of a single family residential home located within an established residential neighborhood. He stated that the property sits on the northwest corner of Delta Place and Paddlewheel Circle and faces Delta Place. Mr. Rotenberry explained that the property owner desires to enclose the backyard with a six foot tall wooden fence for privacy and safety. He stated that the nature of properties sited on the intersection of two roads is defined, per city ordinance, as having two front yards, in which fences may not exceed 4 feet in height in the front yards. Mr. Rotenberry explained that in order to accommodate the proposed 6 foot tall fence, the property owner has applied for a variance to the fence height requirement. He stated that the fence will extend 7 feet out from the house towards Paddlewheel Circle and run 55 feet in a northerly direction, stopping short of the northern property line by approximately 10 feet. Mr. Jerad Miller, 1700 Delta Place, spoke regarding this request and explained that he wants to construct a fence off of the back side of his house. He stated that it will come off of the back side of the garage. Mr. Miller explained that since their property is situated on a corner lot the fence will provide safety and security for his children. He stated that he spoke to the adjoining property owners within 185 feet of his property. Mr. Miller explained that a piece of correspondence in favor of this request was submitted by an adjoining property owner. Mr. Barron inquired of the materials for the proposed fence. In response, Mr. Miller explained that the proposed fence will consist of a standard weather proofed board fence. He stated that he will leave it in its natural state for 30 days to weather it. After 30 days he will stain the fence. No one spoke in opposition to this request. Correspondence in favor of this request was received from Maureen McGuire Monaghan, 1607 Paddlewheel Circle. Mr. Rotenberry gave the Planning Division staff report and explained that the required findings appear to have been met. The fence setback variance is requested in order to create a six foot fence in the rear yard, a common feature within the neighborhood. The structure sits on a corner lot and the proposed variance results from the Paddlewheel Circle facing portion of the property prohibiting a six foot fence construction past the front plane of that side. The setback variance would not create any obvious safety concerns or major impacts on property value. Mr. Graham moved and Ms. Lacy seconded to approve the requested variance of 2 feet from the 4 feet maximum fence height in the front yard to permit a fence height of 6 feet on the Paddlewheel Circle frontage of the property. Mr. Hake commended the applicant for making improvements to his property and informing his neighbors of the proposed project. The motion passed 5-0 with the following votes: Aye: Gammon, Graham, Hake, Lacy, Schaefer Minutes/Jefferson City Board of Adjustment Page 3 September 12, 2017 Case No. B17009 — 3227 Country Club Drive; Front Setback Variances. Application filed by David and Rebecca Oesterly, property owners, for the following: 1. A variance of 19 feet from the standard 25 feet front setback to permit a front setback of 6 feet from the South Ten Mile Drive right of way line. (Exhibit 35-51) 2. A variance of 2 feet from the standard 4 feet maximum overhanging eave to permit an overhanging eave of 6 feet.(35-51.B.5.c.(7)) The purpose of the request is to permit the construction of a second story on the house located within an existing front setback area and the construction an eave and front porch improvements onto the house. The property is located on the southeast corner of the intersection of Country Club Drive and South Ten Mile Drive and is described as part of Section 10, Township 44 North, Range 12 West, Jefferson City, Missouri. Mr. Barron described the proposal and explained that this property consists of a single family residential home located within an established residential neighborhood. He stated that the property owners desire to construct a second story onto the house and add an overhanging eave. Mr. Barron explained that the property is a triangular shaped lot, located at an acute angle intersection. He stated that because of the unique nature and shape of the property and the location of the home, the building encroaches into the front setback line for both the South Ten Mile Drive frontage and the Country Club Drive frontage. Mr. Barron explained that the existing structure is located approximately 6 feet from South Ten Mile Drive right-of-way and approximately 23 feet from Country Club Drive right-of-way. He stated that the second story addition, while being "straight up" from the existing footprint of the building, would be an expansion of an existing non -conforming building within a setback area. Mr. Barron explained that in order to accommodate the proposed addition, the property owners have applied for a variance to the front setback requirement. He stated that the property owners also desire to add a six foot eave onto the building facing Country Club Drive, which would also be within a front setback area. Mr. Barron explained that overhanging eaves are permitted to encroach 4 feet into a setback area. He stated that the property owners have applied for a variance of 2 feet to allow for a 6 foot overhanging eave. Mr. Barron explained that the home was constructed in 1935. He stated that the lot is oddly shaped, with the convergence of South Ten Mile Drive and Country Club Drive at the northwest corner of the lot. Mr. Barron explained that the intersection of these two roads shapes the property to resemble a triangle, with the residence being located approximately 6 feet from South Ten Mile Drive. Mr. Barron explained that the building is nonconforming with respect to front setbacks. He stated that the Zoning Code permits certain alterations to a nonconforming building but does not permit the enlargement of a nonconforming building. He stated that the "addition" to the second floor is actually an expansion of the existing second floor area, and includes modifications to the roof to accommodate a second floor area equal to the main floor area. Mr. Barron explained that the proposed overhanging eave would have the appearance of a front porch, which would add some architectural character to the structure as viewed from Country Club Drive. He stated that the main entrance of the house would face South Ten Mile Drive. Mr. David Oesterly, 2918 Rock Ridge Road, spoke regarding this request and explained that they are proposing to convert the existing partial second story to a full second story and add a covered porch. He stated that the house is actually 50 to 60 feet from Country Club Drive with a 23 foot setback. Mr. Oesterly explained that the property has been vacant for a number of years and is on the abandoned building registry. He stated that they are trying to rehab the house in order to remove the house from the abandoned building registry and back to a useful property. Mr. Oesterly explained that the initial plan was to rehab the property as it currently sits which would not require action by the Board of Adjustment. He stated that after talking with realtors, appraisers and architects to determine the best way to increase the value of the property and make it more consistent with other homes in the surrounding neighborhood it was recommended to change it from its existing state to a two story house. Mr. Oesterly explained that they propose to flip the house so that the front of the house faces South Ten Mile Drive. He stated that at some point the circle drive will be removed and the area re -landscaped. Mr. Oesterly explained that the vegetation will be removed to improve the appearance of the building. He stated that they have a building permit to construct an attached garage. Mr. Oesterly explained that they slowed construction on the Minutes/Jefferson City Board of Adjustment Page 4 September 12, 2017 garage until the outcome of the variance request was determined. He clarified that the garage will consist of vinyl siding and the roof will consist of architectural style shingles. Mr. Oesterly explained that the existing siding will be removed to match the garage. He stated that they intend to live in house when it is finished. The following individual spoke in favor of this request: Neal Peterson, 3250 S Ten Mile Drive, commented that this house has sat vacant for many years. The Oesterly's are looking to make vast improvements. Mr. Peterson commended Mr. Oesterly for his effort, time and expense. The following individuals spoke in opposition to this request: Robert Dallmeyer, III, 3228 Country Club Drive Gerald Ross, 3010 Oak Valley Drive Mark Vislay, 3300 Country Club Drive Those speaking in opposition expressed the following concerns: • The existing structure has been vacant for 14 years. • No utility service for five years. • Why has it taken so long to make improvements to the property. • Existing structure is wet rotted and dry rotted. • If the Oesterly's were true to their word neighbors would not have any issues. • Is there a general contractor or engineer. • What is the plan for the property. • Existing property is an eyesore. • Will existing structure support a second story. • Windows are open and exposed to the weather. • This scenario is totally wrong. • Will property owners follow through with the proposed improvements. • Best scenario is to demolish the existing structure and rebuild. • Contractors have said that improvements cannot be done because of the deterioration of the structure. • Three properties on Country Club Drive are deteriorating. • Need evidence that this is a feasible project to issue a variance for a second story when it is not known whether the structure can handle it. • Garage permit has been issued for about 45 days. One wall was poured and removed. Another set of forms have been installed. • If this matter proceeds, the neighbors need some assurance that they are not perpetuating a flawed project that will drag on and be a continuous eyesore to the area. • This project is suspect. • Turning around the house so that the backyard faces Country Club Drive. There are no backyards that face Country Club Drive. It's about the showpiece of the street. There are gorgeous homes on that street. All of the front yards face Country Club Drive. Mr. Neal Peterson, 3250 S. Ten Mile Drive, provided additional comments in favor of this request. He explained that Mr. Oesterly constructed products in the past and would not consider building a product that is not safe to live in. Mr. Peterson encouraged Board members allow this request to move forward. The following individuals provided additional comments in opposition to this request: Mark Vislay, 3300 Country Club Drive Brice Bernskoetter, 3213 Country Club Drive Robert Dallmeyer, III, 3228 Country Club Drive Those speaking in opposition expressed the following additional concerns: • Where are the drawings, plans and color schemes. • Show the neighborhood what you are planning to do. Minutes/Jefferson City Board of Adjustment Page 5 September 12, 2017 • Building a second story on a possibly unsound structure • Removing the entire roof and rafters • Approving a variance on a suburban lot that is maxed out, adding a garage and how much it already encroaches even though some of it is grandfathered in. • Been living at in the neighborhood for eight years. Little to no activity has been done during that time. • This is a pretty Targe scale project that could be difficult to do on their own on nights and weekends without a general contractor. • See stamped plans by a professional engineer. • Work is only being done after 5:00 Monday through Friday and on Saturdays and Sundays. Mr. Oesterly provided rebuttal testimony and explained that the property has been vacant for some time and is on the abandoned property list. He stated that his property is not the only vacant property in the neighborhood. Mr. Oesterly explained that the property was rented for a number of years. He stated that the partnership was absolved in May 2017 because his partner would not participate financially and help with the work on the house. Mr. Oesterly explained that at that point they started cleaning up the property. He stated that the entire inside of the house is gutted down to the studs. Mr. Oesterly explained that he is working with the City on what other options might be available. He stated that the initial plan is to take it down to the cinderblock walls on the main level. Mr. Oesterly explained that if there is damage we will take it down to the footings. He stated that they do have initial drawings. Correspondence in opposition to this request was received from Jim Goldammer, President of Goldammer Family Limited Partnership; Owner/Develop of Monticello Acres. Photos depicting the subject property were received from Robert Dallmeyer III, 3228 Country Club Drive. Mr. Barron gave the Planning Division staff report and explained that the required findings appear to have been met. He stated that the front setback variance is requested in order to add a second floor to an existing structure that is located within a front setback area. Mr. Barron explained that the lot is an odd shape and is encumbered by street frontages on multiple sides. He stated that the requested variance would not appear to have a major effect on Tight, air, safety, congestion, or the use, enjoyment, or value of surrounding property. Mr. Barron explained that the overhanging eave would also have little effect on surrounding property and would be a minimal encroachment into a front setback area. Mr. Barron explained that any construction on the property would have to be permitted, built, and inspected according to adopted building codes. Mr. Graham moved and Ms. Lacy seconded to approve the requested variances. Discussion: Mr. Hake commended the property owner on their efforts to improve their property. Ms. Lacy commented that she heard concerns from the neighbors. She explained that what is in front of the Board are two variances regarding setbacks. Ms. Lacy stated that whether the motion is approved or denied, I do not know whether that changes the outcome of the concerns the neighbors have. The motion passed 4-1 with the following votes: Aye: Gammon, Hake, Lacy, Schaefer Nay: Graham Mr. Graham left at 8:53 a.m. 7. Miscellaneous Reports. None. Minutes/Jefferson City Board of Adjustment Page 6 September 12, 2017 8. Other Business. None. 9. Adjournment With no other business the meeting was adjourned at 8:54 a.m. Respectfully submitted, Anne Stratman Administrative Assistant Jefferson City Board of Adjustment October 10, 2017 Case No. 617010 Turkey Creek Golf Center, LLC 1616 Oilwell Road Conditional Use Permit for Event Center STAFF REPORT BOARD OF ADJUSTMENT — CITY OF JEFFERSON, MISSOURI October 10, 2017 Case No. B17010 — 1616 Oilwell Road; Conditional Use Permit for Event Center. Application filed by Turkey Creek Golf Center LLC, property owner, for a Conditional Use Permit to operate an Event Center in an Rural (RU) zoning district. The property is located on the east side of Oilwell Road 4000 feet north of Cedar City Drive and is described as part of section 9 and 10, Township 44 North, Range 11 West, Jefferson City, Callaway County, 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 Golf Center at this location and is requesting approval to construct an event center approximately 30' from the original building in an easterly direction. The property is zoned RU rural. This type of land use (event center) within the rural zoning district requires a conditional use permit from the Board of Adjustment. HISTORY In July 2017, the city council amended the zoning code in regards to event centers / banquet halls. The definition was added to the code as well as making the event center / banquet hall a conditional use in the RU (Rural) zoning district. Off—street parking requirements were also amended requiring event centers / banquet halls to provide 1 space per 200 square feet of gross floor area. ZONING AND SURROUNDING LAND USE The subiect nrooerty is zoned RU Rural. STAFF ANALYSIS The building is a 2 story building and would be 125' by 80' and would include a kitchen, 2 bathrooms, a stage, storage, and an open floor plan. The building would have 20' high walls with a 10' pitch in the roof in the center. The golf course currently hosts a number of fundraisers and other events on the property and has a special needs course, driving range, and other amenities. The event center location is located in the 100 year floodplain. The site would be elevated to above base flood elevation to meet floodplain regulations. Parking requirements Surrounding Zoning Surrounding Uses North M-1 Light Industrial South M-1 Light Industrial East M-1/RU Light Industrial/Rural West Unincorporated Callaway County Rural STAFF ANALYSIS The building is a 2 story building and would be 125' by 80' and would include a kitchen, 2 bathrooms, a stage, storage, and an open floor plan. The building would have 20' high walls with a 10' pitch in the roof in the center. The golf course currently hosts a number of fundraisers and other events on the property and has a special needs course, driving range, and other amenities. The event center location is located in the 100 year floodplain. The site would be elevated to above base flood elevation to meet floodplain regulations. Parking requirements Golf Course 6 spaces per hole 9 holes*6 spaces=54 parking spaces Event Center 1 space per 200 square feet of gross floor area 10,000 square foot building * 1/200=50 parking spaces Miniature Golf 2 spaces per hole 18 holes*2 spaces=36 parking spaces Total Spaces Required 140 parking spaces Case No. B17010 Planning Staff Report October 10, 2017 Page 2 The golf course currently has paved parking, gravel overflow parking, and an adjacent 1.5 acre parcel, most of which is paved, that may be used for additional overflow parking. The total number of parking spaces available to the property is approximately 200 spaces. The secondary access to the event space is by way of a gravel access road that partially enters the property to the south. Subject property owners are in the process of obtaining permanent rights to this access road. STAFF ANALYSIS OF REQUIRED FINDINGS The following findings are associated with conditional use permits. (Section 35-73.A.4 Finding Yes No Comments The proposed use is consistent with the goals, objectives, and policies of the Comprehensive Plan. X An event center is appropriately located in a destination such as a golf facility. The proposed use complies with all applicable provisions of the zoning district regulations and conforms to the general intent and purpose of the Zoning Ordinance X An open air space such as this is the ideal setting for an event center. 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. X The proposed event center would be required to meet all applicable building and fire code regulations. 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. X The proposed event center will be located near the center of the property and will not cause undue detriment to adjacent properties. 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. X The proposed event center will be located near the center of the property and is an ideal use in a golf course setting. The proposed use does not generate pedestrian and vehicular traffic which will be hazardous to the existing and anticipated traffic in the neighborhood. X The existing road network can handle any increase in traffic resulting from this development. Adequate utilities exist to serve the proposed conditional use. X Adequate utilities exist in the area or awould be extended to accommodate the building. STAFF RECOMMENDATION The required findings appear to be met. The addition of an event center to the Turkey Creek Golf Center seems to fit in the context of the facility and does not create a burden or nuisance for surrounding property owners. Compliance with building and fire code requirements (which may involve a utility extension or site specific water access solution as well as finalization of access rights over the driveway currently on the neighboring property) is a condition of approval. FORM OF MOTION Motion for approval of the proposed Conditional Use Permit for an on event center subject to the following condition: 1. Compliance with applicable building code and fire code regulations. City of Jefferson Board of Adjustment VICINITY Case No. B17010 1616 Oilwell Road Conditional Use Permit for Event Center 0 800 1,600 3,200 Feet I E City of Jefferson Board of Adjustment LOCATION MAP M-1 r 74' / .-‘19/ 1'. KATY RDS' Case No. B17010 1616 Oilwell Road Conditional Use Permit for Event Center 0 212.5 425 850 Feet City of Jefferson Department of Planning & Protective Services 320 E. McCarty Street Jefferson City, MO 65101 Phone: 573-634-6410 icplanninq(6)Jeffcitvmo.orq www jeffersoncitymo.gov Date fled: APPLICATION TO THE BOARD OF ADJUSTMENT 1. The undersigned hereby request(s) the following: Conditional Use Permit (Section 35-73A; Section 35-71, Site Plan) Variance (Section 35-73B; Section 35-71, Site Plan) fl Appeal of Administrative Decision (Section 35-73C) 0 Chapter 3, Advertising and Signs: Signage Variance or Conditional Use Sign Permit E Chapter 8, Article V, Flood Hazard Regulations; Variance to Flood Hazard Regulations JJ 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). See 1:1 -1 -1 -ac C_O r br -ho rl U.S e 4o r permj -R r E-Ved- aivl- 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: 119 / ?o ©/DELL Rod Te- e. rSO n L MD 12 5/0 B. Property Description: See A ac 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. 5. Filing fee: A check payable to the "City of Jefferson" for the application filing fee must be attached to this application. The applicable filing fee is identified in Appendix Y. 6. Response to Required Findings: Applicant responses to required findings must be attached. The required findings vary based on type of application as follows: a. Setback, lot area or dimension variance — Addendum A (Density and Dimensional) b. Height variance — Addendum B c. Fence height variance — Addendum C d. Number of parking spaces variance — Addendum D e. Location of off street parking variance -- Addendum E f. General Variance (variances not associated with other addendums) — Addendum F g. Conditional use permit — Addendum G h. Telecommunication facility conditional use permit — Addendum H 1 Signage: 1. Signage variance — Addendum 2. Conditional use sign permit — Addendum J j. Appeals of administrative decision — Addendum K (continued on next sheet) 7. The undersigned certify to be all of the owner(s) of the above described property and that the submitted information (including all attachments to this application) is true and correct. (All owners of this property must sign and the signatures must be notarized Property Owner Signature it Printed Name/Title type or print) roperty Owner Signature Printed Name/Title (type or print) Subscribed and sworn before me this ANNE M. STRATMAN Notary Public - Notary Seal State of Missouri Commissioned for Osage County My Commission Expires: August 27,2019 fnrnmicsinn Nnmhrr 'I5RR612(1 tk d f rf_ 11'1 )ir, , ! . 1 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. 2. Describe exactly the type of project proposed or what is being requested and the purpose of request. We plan on building a Venue (Event Center) located on Turkey Creek Golf Center property. We own the property. The Venue will be at least 30' from the original building on the east side. It will accommodate 500+ people. The building will be 125' X 80' with a kitchen, 2 bathrooms, stage, storage, and open floor plan in the middle that is open in the middle to look up at a loft on each side. The walls will be 20' high with each floor being 10' with a pitch in the roof in the center. The second floor will have a deck to walk out on the south side to overlook the capital. With the existing parking we already have we should not need any more parking. We have enough to accommodate the building size and Turkey Creeks volume. We have golf carts to bring up the handicap to the building if needed. Also, there will be concrete all the way up to Venue for handicap. Jefferson City Board of Adjustment Application Addendum G — Conditional Use Permit To be used for conditional use permit requests. (Section 35-73.A.4) Property Address /to/(a 0(Rd S Or ( + i h1) 1,5)) Applicant Name uyv r a Y -11A -P z)ren a i<01 i Provide responses to the following required findings. State all reasons for your answer and use additional pages to complete your answer if necessary. Findings of Fact: 1. Is the proposed use consistent with the goals, objectives and policies of the Comprehensive Plan? 64—I - d„,24,4-16)cie 2. Does the proposed use comply with all applicable provisions of the zoning district regulations and conform to the genera, intent and purpose of the Zoning Code? 3. Does the proposed use comply with all applicable fire, health, building, plumbing, electrical and stormwater drainage regulations? 1Q7 4. Is the proposed conditional use materially detrimental to the public health, safety, convenience and welfare or does it result in material damage or prejudice to other property in the vicinity? el-r/i4- r /� r Jefferson City Board of Adjustment Application Addendum G - Conditional Use Permit Page 2 5. Is the proposed use compatible with and does it preserve the character and integrity of adjacent development and include improvements to mitigate adverse development related impacts such as traffic, noise, odors, visual nuisances, or other similar adverse effects to adjacent devIopment and neighborhoods? 6. Does the proposed use generate pedestrian and/or vehicular traffic which will be hazardous to the existing and anticipated traffic in the neighborhood? 4/e/e-r4 Av4eet/eetl-e— f 7. Do adequate utilities exist to serve the proposed conditional use? EXHIBIT "A" Part of U.S. Private Survey No. 2622 of Sections 9 and 10, Township 44 North, Range 11 West, Callaway County, Missouri, more particularly described as follows: From a point on the south line of said U.S. Private Survey No. 2622, said point being the northwest corner of U.S. Private Survey No. 2638 and the common corner of the original Sections 9, 10, 15 and 16, Township 44 North, Range 11 West; thence N01 °50'26"E, along the original line between Sections 9 and 10, 2390.37 feet to a point intersecting the easterly extension of the south line of the 79.26 acre tract described by deed of record in Book 232, page 276, Callaway County Recorder's Office; thence N88°17'37"W, along said extended line, and along the southerly line of said tract in Book 232, page 276, 1851.58 feet; thence N01 °42'23"E, 331.44 feet to an existing building and the point of beginning for this description; thence along the perimeter of the building the following courses: S87°50'01" E, 32.64 feet; thence S02°09'59"W, 1.90 feet; thence S87°50'01"E, 12.65 feet; thence NO2°09'59"E, 1.90 feet; thence S87°50'01", 47.00 feet; thence NO2°09' 59"E, 36.25 feet; thence N87°54' 11 "W, 24.00 feet; thence N01 °48'23"E, 13.15 feet; thence N88°04' 15"W, 68.21 feet; thence S02°09' 59"W, 49.09 feet to the POINT OF BEGINNING. EXHIBIT "B" Tract A: A certain parcel of land in W. B. Scotts New Madrid Survey No. 2622. In Township Forty-four (44) North, Range Eleven (11) West, bounded as follows: Beginning at the Southeast corner of the land formerly belonging to John Chappel in said W. B. Scott's Survey; thence West with the South side of said Chappel's land and forty-five and 34/100 chains to the East bank of Cedar Creek; thence up the East bank of said creek, North 31 degrees East five chains; thence North 24 degrees East 12 chains; thence North 13 degrees East five chains; thence East 36 and 83/100 chains to intersect the East side of W.B. Scott's said survey; thence South 1-1/2 degrees West with the East side of survey Twenty and 50/100 chains to the beginning, Less all of the above described lying East of the Chicago and Alton Railroad tract, being about three acres off of the Southeast corner of said tract heretofore sold by Abigail A. Kenny to Emily Ramsey, leaving 79 and 25/100 acres, more or less. EXCEPT also the following described land, to -wit: Beginning at the Northeast Section corner of Section Sixteen (16), Township Forty-four (44), North, Range Eleven (11) West of the 5th P.M.; thence West 12.51 chains; thence North 34 degrees West 43.60 chains to an iron stake, the Northeast corner of a one acre tract and the point of beginning of the land herein described; thence South 86 .degrees 58' West 1.764 chains to the East side of County Road; thence North 26 degrees 50' East, with East side of County Road 7 chains; thence South 64 degrees 45' East, 2.40 chains; thence South 26 degrees 50' West 5.85 chains; thence South 89 degrees 58' West 0.93 chains to point of beginning. Tract B: All of the West Half (W-1/2) of the Northwest Quarter (NW -1/4) of the Section Ten (10). Township Forty-four (44), Range Eleven (11), that lies South of the (former) M.K. & T. right of way and West of the West line of the old C. & A. right-of-way. Tract C: A strip of land 100 feet in width being 50 feet on either side of the original centerline of the (former) Louisiana ad Missouri River Railroad where said centerline passes over and through that portion of the West right-of-way of the (former) Missouri, Kansas and Texas Railroad at North Jefferson of the Northwest fractional Quarter of Section Ten (10), Township Forty-four (44), Range Eleven (11) and running in a Southerly direction 1530 feet, more or less to the Northeast corner of the (former) H.A. Tranbarger farm and adjoining tle lana (formerly) owned by Paul Koch on the East all of the way. All subject to Easements of record. Tract D: All that part of the West Half (W-1/2) of the Northwest Quarter (NW -1/4) of Section Ten (10), Township Forty-four (44), Range Eleven (11) that lies South of the M.K. & T. right-of- way and West of the M.K. & T. right-of-way that runs to South Cedar, and East of the West line of the old C. & A. right-of-way; it being the intention by this paragraph to convey all of our interest in the abandoned right-of-way of the old C. & C. Railroad. -12- Print Preview MidMoG1S, MO Page 1 of 1 iQatF or Fb as�o ead Disclaimer: Nap and parcel data are believed t be accurate, b t accuracy is not guaranteed This is not a Map Scale legal document and sh;utd not be substituted fora tale sear` .appraisal. survey, or for zoning 1 inch = 189 feet verification. 8/30/2017 Grave ( access Pr 4.e https://www.midmogis.org/colesl/WebForms/Print.aspx?img=http://www.midmogis.org/ar... 8/30/2017 o>n c/P4 tva hip -et vi a nC% Case No. B17010 1616 Oi Iwel I Road Conditional Use Permit for Event Center 1 ;) Suo..-11; o BA, o 00 20.0 o 00 t-011111,1* 1 0 1 IS Opening Above Kit 10 go go go go H V. l'atio W(10%,.! 0 0 -13 Case No. B17010 1616 Oilwell Road Conditional Use Permit for Event Center is�ir,.xr Opening �.1 ,dpi tOi 5.0 Case No. B17010 1616 Oilwell Road Conditional Use Permit for Event Center City of Jefferson Department of Planning & Protective Services 320 E. McCarty St. Jefferson City, MO 65101 September 27, 2017 Dear Property Owner: Carrie Terpin, Mayor Sonny Sanders, AICP, Director Phone: 573-634-6410 Fax: 573-634-6562 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, October 10, 2017 in the Council Chambers of the John G. Christy Municipal Building, 320 E. McCarty Street, to consider the following item of business: Case No. B17010 — 1616 Oilwell Road; Conditional Use Permit for Event Center. Application filed by Turkey Creek Golf Center LLC, property owner, for a Conditional Use Permit to operate an Event Center in an RU zoning district. The property is located on the east side of Oilwell Road 4000 feet north of Cedar City Drive and is described as part of section 9 and 10, Township 44 North, Range 11 West, Jefferson City, Callaway County, 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@jeffcitymo.org 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, October 9, 2017 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: http://www.ieffersoncitymo.gov/pps/planning/boardofadiustment.html If you have any questions concerning this matter, please feel free to contact me at 573-634-6475. Sincereey, ex Rotenberry, AICP 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 Owner List Case No. B17010 PLEUS PROPERTY MANANGEMENT, L.L.C. P.O. BOX 441 JEFFERSON CITY, MO 65102 BAX, ROGER P. P.O. BOX 1891 JEFFERSON CITY, MO 65102 HEMO OUTDOOR 9002 HIGHWAY 50 WEST CENTERTOWN, MO 65023 3213 COUNTRY CLUB DR GARNETT, RODNEY H. TRUST 12513 COUNTY ROAD 4021 HOLTS SUMMIT, MO 65043 MIDWEST CEMENT COMPANY, INC. P.O. BOX 104960 JEFFERSON CITY, MO 65110 CHILIBUM PROPERTIES, LLC 2406 LEXINGTON DRIVE JEFFERSON CITY, MO 65109 Page 1 1616 Oilwell Road October 10, 2017 TURKEY CREEK GOLF CENTER, L.L.C. 1616 OILWELL ROAD JEFFERSON CITY, MO 65101 (Subject Property) RODGERS, WILLIAM B. & JODY A. 12371 COUNTY ROAD 391 HOLTS SUMMIT, MO 65043 DELONG'S INC. JACKSON, ROBERT E P.O. BOX 479 JEFFERSON CITY, MO 65101 3210 COUNTRY CLUB DR BURGETT, ELLEN EST. C/O DOROTHY MAUL P.O. BOX 771194 RICHMOND HEIGHTS, MO 63177 Case No. B17010 1616 Oilwell Road Conditional Use Permit for Event Center 185 ft. Notification Buffer 0 275 550 s 1,100 1,650 2,200 Feet Jefferson City Board of Adjustment October 10, 2017 Case No. 617011 Sandra Smith 2800 Route J Conditional Use Permit for Topsoil Extraction/Supply Business STAFF REPORT BOARD OF ADJUSTMENT — CITY OF JEFFERSON, MISSOURI October 10, 2017 Case No. B17011 — 2800 Route J; Conditional Use Permit for Topsoil Extraction/Supply Business. Application filed by Sandra Smith, property owner, on behalf of Premium Topsoil LLC, applicant, for a conditional use permit to operate a topsoil supply business / topsoil extraction operation. The property consists of approximately 175 acres located on the west side of Highway J approximately 2.5 miles north of Highway 50 and is described as part of private surveys 2616 and 2611 and part of Section 20, Township 44 North, Range 10 West, Jefferson City, Cole County, Missouri (G&T Services 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 The applicant is proposing a topsoil supply / extraction business at this location and is requesting approval of a conditional use permit to perform this on the site. The property is zoned RU Rural. This type of land use (Quarries, Mines, and Sand and Gravel Pits) within the rural zoning district requires a conditional use permit from the Board of Adjustment and is subject to specific use standards as outlined in Section 35.41.B.18 of the Jefferson City Zoning Code. HISTORY The property was annexed into the city in 2003 as a part of the Algoa annexation area. ZONING AND SURROUNDING LAND USE The subject Drouerty is zoned RU Rural. STAFF ANALYSIS The applicant proposes stripping the topsoil, with approximately 10 acres being open at any given time and the remainder being used for agricultural purposes. A small trailer will be located on the site to serve as an office. The operation would involve taking several inches of topsoil and then restoring the area to agricultural use. Because of the nature of the business, the applicant will require a permit from the Missouri Department of Natural Resources and will need to meet floodplain regulations. Efforts will be made to mitigate dust through the use of water and traffic volumes on Route J are expected to be very minimal. Surrounding Zoning Surrounding Uses North RC Rural Conservation South Unincorporated Cole County Rural East Unincorporated Cole County Rural West RU Rural STAFF ANALYSIS The applicant proposes stripping the topsoil, with approximately 10 acres being open at any given time and the remainder being used for agricultural purposes. A small trailer will be located on the site to serve as an office. The operation would involve taking several inches of topsoil and then restoring the area to agricultural use. Because of the nature of the business, the applicant will require a permit from the Missouri Department of Natural Resources and will need to meet floodplain regulations. Efforts will be made to mitigate dust through the use of water and traffic volumes on Route J are expected to be very minimal. Case No. B17011 Planning Staff Report October 10, 2017 Page 2 STAFF ANALYSIS OF REQUIRED FINDINGS The followinE findings are associated with conditional use permits. (Section 35-28.5.C.2 v v Finding Yes No Comments The proposed use is consistent with the goals, objectives, and policies of the Comprehensive Plan. X The proposed project would return the property to agricultural use when completed. The proposed use complies with all applicable provisions of the zoning district regulations and conforms to the general intent and purpose of the Zoning Ordinance X The site design complies with applicable zoning regulations. 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. X The proposal would meet all applicable regulations. 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. X The site is located on a large piece of property and should have little impact on surrounding uses. 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. X The view of the property is shielded by vegetation and topography. The proposed use does not generate pedestrian and vehicular traffic which will be hazardous to the existing and anticipated traffic in the neighborhood. X The site would produce a low number of vehicular trips per day. Adequate utilities exist to serve the proposed conditional use. X Utility needs are limited and exist in the area. Additional Required Findings Finding Yes No Comments The use is temporary and restricted to the purpose of extracting minerals X The site will revert to agricultural use. The land is appropriate for the purpose of extracting minerals X The site is ideal for this use, in terms of location and infrastructure. The proposed location will offer reasonable protection to the neighborhood in which the operation will occur against possible detrimental effects of the operations, taking into consideration the physical relationship of the proposed site to surrounding properties and permitted land uses, access to the site from public roads, streets and other public rights-of-way that must be traveled in removing minerals from the site, and the effect of the mining operations on the public water supply X The view of the property is shielded by vegetation and topography and is located within an area that has good vehicle access to a State Route. Case No. B17011 Planning Staff Report October 10, 2017 Page 3 Staff Analysis of Specific Use Findings — Section 35-41.B.18 1. Present uses of the land — The land is currently zoned RU Rural and is agricultural. 2. Traffic — Traffic generation by this use will be accommodated sufficiently by the state route that will serve the property. 3. Land Reclamation Plan — Once the operation of the topsoil extraction is complete, the land will remain viable for agricultural uses. 4. Federal and state regulations — Applicant will work with various agencies including the Missouri Department of Natural Resources, Cole County, and the City of Jefferson to meet requirements regarding land disturbance and floodplain. 5. Nuisance Mitigation — Applicant will work to mitigate the spread of dust to adjacent properties. 6. Bufferyards and setbacks — A type C bufferyard is required. Setback requirements are 50' from the front and rear property lines and 20' from the sides. The bufferyard is satisfied within the required setbacks and the applicant has indicated keeping topsoil extraction away from the various setbacks. 7. Parking and Driveway — The applicant has proposed leaving the driveway unpaved due to the low traffic generation and the temporary nature of the topsoil mining use. The state route appears adequate to serve this land use with no detriment to surrounding properties. STAFF RECOMMENDATION The required findings appear to be met. The site is ideally located within an area that has good vehicle access and is screened from the public by topography and natural vegetation on the south and east sides of the site. These features will largely negate any negative impacts of the surrounding properties. FORM OF MOTION Motion for approval of the proposed Conditional Use Permit for a Topsoil Extraction/Supply Business in a rural district. City of Jefferson Board of Adjustment LOCATION MAP RANGE RD • m IN 73 NQ MORE VICTIMS RD. 2 jir ALGOA. RD T HILLSDRR. • L Ij, Case No. B17011 2800 Route J Conditional Use Permit for Topsoil Extraction,Supply Business 0 330 660 1,320 Feet City of Jefferson Board of Adjustment VICINITY NO MORE_VICTIMS RD' Case No. B17011 2800 Route J Conditional Use Permit for Topsoil Extraction,Supply Business 0 1,250 2,500 5,000 Feet City of Jefferson Department of Planning & Protective Services 320 E. McCarty Street Jefferson City, MO 65101 Phone: 573-634-6410 icplanninqPjeffcit ymo. orq www.jeffersoncitymo.gov Date filed: APPLICATION TO THE BOARD OF ADJUSTMENT SEP - 7 2017 1. The undersigned hereby request(s) the following: ❑✓ Conditional Use Permit (Section 35-73A; Section 35-71, Site Plan) Variance (Section 35-73B; Section 35-71, Site Plan) Appeal of Administrative Decision (Section 35-73C) 0 Chapter 3, Advertising and Signs: Signage Variance or Conditional Use Sign Permit El Chapter 8, Article V, Flood Hazard Regulations; Variance to Flood Hazard Regulations 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). Requesting a Conditional Use Permit to open a Topsoil Supply Business. See additional information attached. 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: 2800 Rte J, Jefferson City, MO 65101 B. Property Description: See attached information. 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. 5. Filing fee: A check payable to the "City of Jefferson" for the application filing fee must be attached to this application. The applicable filing fee is identified in Appendix Y. 6. Response to Required Findings: Applicant responses to required findings must be attached. The required findings vary based on type of application as follows: a. Setback, lot area or dimension variance — Addendum A (Density and Dimensional) b. Height variance — Addendum B c. Fence height variance — Addendum C d. Number of parking spaces variance — Addendum D e. Location of off street parking variance — Addendum E f. General Variance (variances not associated with other addendums) — Addendum F g. Conditional use permit — Addendum G h. Telecommunication facility conditional use permit — Addendum H i. Signage: 1. Signage variance — Addendum 2. Conditional use sign permit — Addendum J j. Appeals of administrative decision — Addendum K (continued on next sheet) 7. The undersigned certify to be all of the owner(s) of the above described property and that the submitted information (including all attachments to this application) is true and correct. (All owners of this property must sign and the signatures must be 9,oth/d).j opertOwner Signature Property Owner Signature Printed Name/Title (type or print) Printed Name/Title (type or print) Subscribed and sworn before me this ri day of miir, 1 f \ Notary Pu Applicant (if different from property owner): Name Premium Topsoil, LLC Mailing Address 4421 Lake Road, Jefferson City, MO 65101 Phone Number (573) 619-7895 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. 01111$1141/01 Sip,r' Vo ::2: 'o s NOTAL A •• 4k7,A(., .••c.)3?. 1111\ GT SERVICES, LLC "Specializing in Construction Administrative Services" September 5, 2017 Premium Topsoil 4421 Lake Road Jefferson City, MO 65101 Attn: Mr. Brian Bruemmer Re: Application for Conditional Use Permit Dear Mr. Bruemmer: Thank you for the opportunity to support you on your professional service needs. I have prepared for your review and submittal to the City of Jefferson's Planning and Zoning Department an application for a Conditional Use Permit. As you are aware this is necessary to acquire approval to use the property as a Top Soil farm business. Please let me know if you have any questions or if you need additional information. I look forward to continuing to work with you. I may be contacted by cell phone at (573) 694-9990 and via email at: troy@gtsmo.com. Respectively, Troy A. Pinkerton, P.E. G & T Services, LLC 244 Highway A, Bonnots Mill, MO 65016 Jefferson City Board of Adjustment Application Addendum G — Conditional Use Permit To be used for conditional use permit requests. (Section 35-73.A.4) Property Address 2800 Route J, Jefferson City, MO 65101 Applicant Name Premium Topsoil, LLC Provide responses to the following required findings. State all reasons for your answer and use additional pages to complete your answer if necessary. Findings of Fact: 1. Is the proposed use consistent with the goals, objectives and policies of the Comprehensive Plan? Yes. See attached report. 2. Does the proposed use comply with all applicable provisions of the zoning district regulations and conform to the general intent and purpose of the Zoning Code? Yes. See attached report. 3. Does the proposed use comply with all applicable fire, health, building, plumbing, electrical and stormwater drainage regulations? Yes. See attached report. 4. Is the proposed conditional use materially detrimental to the public health, safety, convenience and welfare or does it result in material damage or prejudice to other property in the vicinity? No. See attached report. Jefferson City Board of Adjustment Application Addendum G — Conditional Use Permit Page 2 5. Is the proposed use compatible with and does it preserve the character and integrity of adjacent development and include improvements to mitigate adverse development related impacts such as traffic, noise, odors, visual nuisances, or other similar adverse effects to adjacent development and neighborhoods? Yes. See attached report. 6. Does the proposed use generate pedestrian and/or vehicular traffic which will be hazardous to the existing and anticipated traffic in the neighborhood? No. See attached report. 7. Do adequate utilities exist to serve the proposed conditional use? Yes. See attached report. Supplement to Addendum G Conditional Use Permit Jefferson City Board of Adjustment Application Submitted to: Premium Topsoil, LLC 4421 Lake Road Jefferson City, M065101 Dated: August 24, 2017 Submitted By: GT SERVICES, LLC Civil Engineering • Estimating • Project Management Scheduling • Quality Management -Licensed and Insured - Design Report 244 Highway A, Bonnots Mill, MO 65016 Page 1 of 7 1.0 Certification This Report is respectfully submitted by G & T Services, LLC. The report was either prepared by or under the supervision of Troy A. Pinkerton, P.E licensed under the laws in the State of Missouri. This page is intended to offer appropriate certification for this report. G & T Services, LLC 244 Highway A Bonnots Mill, MO 65016 Phone (573) 694-9990 State of Missouri Engineering Corporation # 2015032059 0 ‘iill111111111 // NKERTON w NUMBER '-:,O PE -200330]5021,:41 Seal Troy A. Pinkerton P.E. PE — 2003015021 Design Report 244 Highway A, Bonnots Mill, MO 65016 Page 2 of 7 2.0 Introduction This report has been prepared for Premium Topsoil LLC. The purpose of the report is to support the application to the Jefferson City Board of Adjustment for a Conditional Use Permit to use a rural area of land as a topsoil farm. The property located at 2800 Route J, Jefferson City, MO is under contract for purchase by Premium Topsoil, LLC from the current listed owner, Sandra A. Smith, etal. One condition of the property sale is the approval by City of Jefferson Board of Adjusters for a conditional use as described that application. 3.0 Disclaimer It is the intent of G & T Services, LLC to provide support that ensures conformance to current standards, local building codes and ordinances. It is the responsibility of the applicant/owner to bring any discrepancies to the attention of G & T Services, LLC as well as any other responsible party or parties. Design Report 244 Highway A, Bonnots Mill, MO 65016 Page 3 of 7 4.0 Property Description The following property description was captured from the most current quitclaim deed tha was provided to support the recent property sale. sl PART OF PRIVATE SURVEY NO. 2616; PART OF PRIVATE SURVEY NO. 2611; AND PART OF SECTION 20; ALL IN TOWNSHIP 44 NORTH, RANGE 10 WEST, COLE COUNTY, MISSOURI, _ earticularly- • described as follows: Beginning at the Southeast corner of Private Survey No. 2616; thence in a southwesterly direction along the South line of said Private Survey, 30.56 chains; thence North 17 degrees 30 minutes west, parallel with the east line of Private Survey No. 2616 to the South line of Missouri -Pacific railroad right-of-way; thence in a northeasterly direc- tion along the South line of said right-of-way, 31.00 chains to the East line of Private Survey No. 2616; thence North 17'degrees 30 minutes west, along the east line of said Private Survey, 2.3 chains to the East and West Quarter Section Line running through Section 20, Township 44 North, Range 10 West; thence East along the Qiiarter Section Line, 28.55 chains to the Southeast corner of the Pete Mayens property, being the Southeast corner of the Southwest Quarter of the Northeast frac- tional quarter of Section 20, Township 44 North, Ranee •10,West, and the West Line of Private Survey No. 2611; ••thence •continuing East along said Quarter Section Line ex.ten��ed,.26.96.chains thence South parallel with the ,Sec-tioine, 1.5.00 chains to the South Line of Private . Siirvey,No26.11;` thence West along .the South Line of <Pr•i,iate• °Survey Mo. 2611, 12.9 chains to the-centerlinery;.of the old County Road; thence in a southwesterly .``'direction, along said County Road toa, point on the quarter •:quarter,section line of Section 20, -Township 44 North, •• Range 10,.'.3est;-'said point being 4.12 chairs south cif ▪ the. South,; Line of•Private. Survey No. 261; thence South ▪ alrr<� the; quarter quarter,.se:ction ) i.ic,• h.,83 chains; +' Design Report 244 Highway A, Bonnots Mill, MO 65016 Page 4 of 7 thence South 85 degrees west, 20.38 chains to the quarter section line; thence South along the quarter section line, 10.83 chains to the centerline of the old County Road; thence in a southwesterly direction along the centerline of the old County Road, 2.5 chains to the East Line of Private Survey No. 2616 extended; thence North 17 degrees 30 minutes west along the East line of said Private Survey extended, 11.00 chains more or less, to the point of beginning. Bearings are Magnetic. Variation North 7 degrees 30 minutes East. Containing in all 186.93 acres, more or less. EXCEPT that part conveyed to the State of Missouri for Supplementary State Highway Route "J", by conveyance of record in Book 94, Page 44, Cole County Recorder's Office; EXCEPT 3.3 acres and 0.25 of an acre, in the West Half of the Southeast quarter of Section 20, Township 44 North, Range 10 West, conveyed to Oscar W. Kraus and wife, by deed of record in Book 203, Page 312, Cole County Recorder's Office; EXCEPT 0.07 of an acre in Private Survey 2611, conveyed to Public Water Supply District No. 4 of Cole County, Missouri, by deed of record in Book 203, Page 314, Cole County Recorder's Office; EXCEPT 5.7 acres in Private Survey 2611, conveyed to George H. Bolfing and wife, by deed of record in Book 208 Page 253, Cole County Recorder's Office; and EXCEPT 2.5 acres in the West half of the Southeast quarter of Section 20, Township 44 North, Range 10 West, conveyed to James H. Forbis and wife, by deed of record in Book 229, Page 546, Cole County Recorder's Office. SUBJECT to an Easement granted to Monroe Hofmann and wife, across part of the West half of the Southeast quarter of Section 20, Township 44, Range 10, of record in Book 141, Page 72, Cole County Recorder's Office. 5.0 Finding of Facts Conformance to the Comprehensive Plan: The proposed use is consistent with the goals, objectives and policies of the Comprehensive Plan. The property is currently zoned RU (Rural) and the use of the property to harvest Topsoil will not compromise any future use of the property. The property will be used Design Report 244 Highway A, Bonnots Mill. MO 65016 Page 5 of 7 for other agricultural purposes in conjunction with being used to harvest topsoil. Grains such as soybeans and corn are typical crops that will be grown. Conformance to the Zoning Code: The proposed use of the property complies with all applicable provisions of the Zoning Code. There are no known variances needed. Conformance to Local, State and Federal Regulations: The proposed use will require a land disturbance permit from Missouri Department of Natural Resources. That permit will require soil erosion control mitigation plans as detailed in an engineered Strom Water Pollution Prevention Plan (SWPPP). The conditional use will comply with all applicable fire, health, building, plumbing, electrical and storm water drainage regulations. The site will require very little improvements to function as desired. A site plan is provided to offer an understanding on the general layout of the operation. Also reference the Exhibits attached to this report that offer an understanding of the conditions during and post operations. A portion of the property is located within the Osage River Floodplain. It is understood that certain criteria must be met as outlined in the Cole County Floodplain Management Ordinance as well as any requirements of the City of Jefferson. There are no additional impervious areas needed and impacts to current storm water runoff will be negligible. Compatibility with Existing Surroundings: The surrounding properties are similar in geography and only few residences are nearby. There is an existing entrance road that will be used for ingress and egress. This is a granular road and will be maintained as such. Water will be used to mitigate any dust issues as necessary. The traffic volumes however are not anticipated to be significant. An office trailer will be used to conduct the business activities. The activities are typically performed during normal business hours of 7:00 a.m. to 4:00 p.m. Monday through Friday. Typical activities include earth moving equipment that will strip and stockpile virgin soils. The virgin soils are then conveyed and processed on site to establish a uniform consistency and remove any impurities. There are no wastes associated with the process. The products are sold and loaded on haul vehicles that will come/go at various times throughout the normal business hours. The appearance of an operating topsoil farm will be similar to an active agricultural field with approximately a 10 -acre section being used for harvest topsoil. There will be stock piles at various locations but the footprint will be maintained to minimize impacts at any given time. Reference images in this report showing active topsoil farm operations. Impacts to local Traffic: There are no impacts to local pedestrian and vehicular traffic. There will be an insignificant amount of dump truck type vehicular traffic at various times through the normal work week. The amount of haul vehicle traffic would not be any different than what is expected from agricultural activities. Additionally, the traffic seasonal for the most part due the typical uses for topsoil. There will be no pedestrian related traffic activity. Design Report 244 Highway A, Bonnots Mill, MO 65016 Page 6 of 7 Utilities: Adequate utilities are available for the proposed use for the property. The office is supported by a mobile trailer that can easily be moved or removed from the property. There is not necessarily anyone on staff at all times. The business activities are seasonal and intermittent (or as needed). Electricity is the only utility desired to support the mobile office trailer. It is not essential to the operations of the business. Exhibits: • A Site Plan is attached. • Potential Location Map is attached. • Current FIRM map showing areas located within the 100 year floodway. • Exhibit I is an aerial photograph of an existing topsoil farm owned and operated by Premium Topsoil LLC. • Exhibit II is an aerial photograph of a topsoil farm owned and operated by Premium Topsoil. This farm has been closed. Design Report 244 Highway A, Bonnots Mill, MO 65016 Page 7 of 7 GT SERVICES, LLC t it hngineering • I•.umating • Pmjea 11;wagcmrul Scheduling • duality Management -! i; rn d ,on! Insurrd- Stripping and agricultural area Restored to agricultural I'remiuin Topsoil, LLC Recently Closed Farm Highway 54 Cole County, MO O D. 0 a d Ca Ct- a- G a Q M a -2- c; g0 O z i U Q ,a -0 R Q ()00 NOW GT SERVICES, LLC Civil Engineering • Estimating • Project \Ianagemenl S hedulml; • Quality \Ianagcmcut -l.nen etiarnf brsurcJ- i Premium Topsoil, LLC Active Topsoil Farm Buffalo Road, Cole County, MO Potential Site Location - Premium Topsoil, LLC August 27, 2017 Case No. B17011 2800 Route J Conditional Use Permit for Topsoil Extraction/Supply Business 1:10,000 0 460 920 1,840 ft I I I I I 1 1 0 140 280 560 m Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. NO MORE VICTIMS WAY • — t I i Equipment Laydown Bottom Field Area to be stripped of Topsoil. Approx. 10 acres open at any given time. The remainder to be used for agriculture. ., — ).- --N-- ..-...„.., \ Osage City lr(�^ \���.1 \ {) -f Cemetery, '� —�. \,` •--�� Q —�.r V \J "ss. FOREST ty1LL • MISSOURI > ): �— , General Site Plan Case No. B17011 2800 Route J Conditional Use Permit for Topsoil Extraction/Supply Business J G 1.0. NOTES TO USERS Pa, Yea .w.e..anfay aaa awrrn aam 01 all MI Me Saga masmar• mnel • wad • ealamilaa Mad al lea amen a Sala WO Peal Elea iva.. waw, aPea a d,la w a asa an, . r.r. a: a latarant an ea Oa imam ar 1•56., al a mama ea. alas alma Tao OF • a Mal le aas a Mean svi.>u"MatFated Win° paraWaa eat. mate, ame at,maa Ma boar b.w.nan...aMe Mosta a la a Nara adam als. • masa al Se and at Papa ram, a r,aaaMaiM,a ;" n .., o,ar.r. n .nee...... ..a.,r wr rep,b .a..* rae 0.0 .q* a Ta Sawaa..... a..r.a., a se as.. waw s... Pa ream Mama ea a a .3 POMO Mae Dam Meal Ma a a. Fara Marr0 la Tad al Man. a INdatem Mama loarea ima r• a Cam to Mena raent er,Aaa0,a'~ " aaa ,a.. Ha333 MOtlewm,w,.,, • aaw,.a..,aaawaara.aMha AIM MIMI., VW. 01 MO ntop paw. la Iv. Ilia Nov. km. nroome yeem lam Cal. 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(( e Noma raps arc w a war a re a�a /a,ue ew Nom • .awa.awma S yr w.a""meal ,,riaa`w"°. d taaeuraea•°aa'°v 0.11, raffia w.nr.w...aww COL a. rann. aasswuanw R.AP1LOCAPORDuGRAar Pat LEGEND aoaadruusaa✓ax arM WAS • cn¢Tu awm rr amvaaa WAS aOseC .p 4M 0a alanammaal, me mama e, a -g enmor Malar 'yY1 lama, aramaam sea mom. wa�wrf�raWm ,••• • all arm Ktr FIRM FLOODINSURANCE RATE MAP COLE COUpT MISSOURI ANO INCORPORATED ARE, PANEL IN6OF150 .o,nwaanuaan a. ..r..oa Walt %a bet, MAP NYBER A• NU SP05 LIBEN MAP RINSED NOVEMBER L202 Icut, aAwaa., p •H E • m City of Jefferson Department of Planning & Protective Services 320 E. McCarty St. Jefferson City, MO 65101 September 27, 2017 Carrie Terpin, Mayor Sonny Sanders, AMP, Director Phone: 573-634-6410 Fax: 573-634-6562 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, October 10, 2017 in the Council Chambers of the John G. Christy Municipal Building, 320 E. McCarty Street, to consider the following item of business: Case No. B17011 — 2800 Route J; Conditional Use Permit for Topsoil Extraction/Supply Business. Application filed by Sandra Smith, property owner, on behalf of Premium Topsoil LLC, applicant, for a conditional use permit to operate a topsoil supply business / topsoil extraction operation. The property consists of approximately 175 acres located on the west side of Highway J approximately 2.5 miles north of Highway 50 and is described as part of private surveys 2616 and 2611 and part of Section 20, Township 44 North, Range 10 West, Jefferson City, Cole County, Missouri (G&T Services 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@jeffcitymo.org 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, October 9, 2017 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: http://www.ieffersoncitymo.gov/pps/planning/boardofadjustment.html If you have any questions concerning this matter, please feel free to contact me at 573-634-6475. Sincerely, "Px Rotenberry, AICP lanner 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 Owner List Case No. B17011 CITY OF JEFFERSON 320 E MCCARTY ST JEFFERSON CITY, MO 65101 CORTEZ DR SCHROEDER, ROGER ALAN BOOKER, ASHLEY K TRUSTEE SCHROEDER, SCOTT A TRUSTEE 814 HARVEST DR JEFFERSON CITY, MO 65109 ALGOA RD RT J MISSOURI STATE OF PO BOX 1588 JEFFERSON CITY, MO 65102-1588 RT J GRATZ, WILLIAM W & NANCY K, TRUSTEES 2315 RT M JEFFERSON CITY, MO 65101 RT J LECURU, SCOTT 2506 RTJ JEFFERSON CITY, MO 65101 2506 RTJ MISSOURI ALGOA REFORMATORY STATE OF ALGOA CONNECTION 5001 ALGOA RD JEFFERSON CITY, MO 65101 7311 NO MORE VICTIMS RD SMITH, SANDRA A ETAL 823 E PARKWAY JEFFERSON CITY, MO 65109 2800 RTJ (Subject Property) WUNDERLICH, JAMES E & DORIS J 5008 GOLLER RD JEFFERSON CITY, MO 65101 2943 RTJ Page 1 2800 Route J October 10, 2017 OTTO, JOSEPH L CARTMELL, NYLAJ 2844 RTJ JEFFERSON CITY, MO 65101 2844 RTJ VERSLUES, STANLEY WILLIAM VERSLUES, MICHAEL LEE 2741 RTJ JEFFERSON CITY, MO 65101 2741 RTJ RILEY, TIMOTHY J & LAVERNA R 2811 RTJ JEFFERSON CITY, MO 65101 2811 RTJ BRANSON, GLENDA E 2833 RTJ JEFFERSON CITY, MO 65101 2833 RTJ HOFMANN, JAMES M & MARILYN J TRUSTEES 2916 RTJ JEFFERSON CITY, MO 65101 2916 RTJ 2913 RTJ UNION ELECTRIC CO MARI OSA DELTA SUB STATION DBA: AMEREN UE 1901 CHOUTEAU AVE ST LOUIS, MO 63166-6149 2309 RTJ BOLFING, CHARLES H & ANNA L TRUSTEES 2705 RTJ JEFFERSON CITY, MO 65101 2705 RTJ Case No. B17011 2800 Route J Conditional Use Permit for Topsoil Extraction,Supply Business 185 ft. Notification Buffer 0 360 720 S 1,440 2,160 2,860 Feet RANGE RD NO MORE VICTIMS RD //I' OSAGE NIGH ST A(/-.121111.- 1r;�� rill/,ArAr � iiiii .rareA/r/ZZAIA LAKE VIEW DR WIBBERG LN 1,