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HomeMy Public PortalAbout2018-01-09 packetNotice of Meeting & Tentative Agenda Jefferson City Board of Adjustment Tuesday, January 9, 2018, 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 from the Regular Meeting of December 12, 2017 7. Communications Received 8. New Business Public Hearings Case No. B18001 - 400 W. Main Street; Variance from Flood Plain Regulations. Application filed by city staff for a variance to floodplain regulations at 400 W. Main Street. The purpose of the request is to permit structures that are designed to be flooded during flood events on the property. The property consists of 2.49 Acres located 400 feet east of the intersection of Missouri Blvd and W. Main Street and is described as part of Inlot 60,62,65,69,63, all of Inlot 64, and vacated right-of-way, Jefferson City Missouri. 9. Miscellaneous Reports 10. Other Business 11. 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. MEETING MINUTES JEFFERSON CITY BOARD OF ADJUSTMENT December 12, 2017 BOARD MEMBERS PRESENT Paul Graham Andrew Hake, Vice Chair Matt Rimiller Stacey Young, Chairwoman Robert Gammon, Alternate Brad Schaefer, Alternate ATTENDANCE RECORD 2 of 2 2 of 2 1 of 2 2 of 2 2 of 2 2 of 2 BOARD MEMBERS ABSENT Katy Lacy 1 of 2 COUNCIL LIAISON PRESENT Erin Wiseman STAFF PRESENT Sonny Sanders, Director of Planning & Protective Services Eric Barron, Planning Manager Bryan Wolford, City Counselor Shane Wade, Civil Engineer II Alex Rotenberry, Planner lan Zollinger, Planner Anne Stratman, Administrative Assistant 1. Call to Order and Introduction of Members, Ex -Officio Members and Staff Chairwoman Young called the meeting to order at 7:30 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, Rimiller, Young. Those wishing to speak to the Board were sworn in. With the recent passing of Ms. Janice McMillan, Mr. Barron spoke about her accomplishments during her years of service to the City of Jefferson and the Jefferson City community. A moment of silence was observed in her honor. 2. Procedures Explained Chairwoman Young explained the procedures of the meeting. Mr. Rotenberry 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 Mr. Hakeam seconded to adopt the agenda as printed. The motion passed 5-0 with the following votes: Aye: Gammon, Graham, Hake, Rimiller, Young 4. Approval of Minutes from the Regular Meeting of November 14, 2017 Minutes/Jefferson City Board of Adjustment Page 2 December 12, 2017 Mr. Graham moved and Mr. Rimiller seconded to approve the minutes as printed. The motion passed 5-0 with the following votes: Aye: Gammon, Graham, Hake, Rimiller, Young 5. Communications Received No correspondence was received 6. New Business — Public Hearing Case No. B17015 — 2500 Block of Mission Drive; Conditional Use Permit for New High School. Application filed by Jefferson City Public Schools, property owner, for a conditional use permit to operate a public high school. The plan for the high school campus includes a multi- story school building, parking lots, and athletic practice fields. The property consists of 115.36 acres and is located on the north side of Mission Drive 2,000 feet east of Highway 179. The property includes portions of the RU Rural, RA -1 High Density Residential, C-1 Neighborhood Commercial, and C-2 General Commercial zoning districts and is described as part of Sections 14 and 15, Township 44 North, Range 12 West, Jefferson City, Missouri (Central Missouri Professional Services, consultant). Mr. Barron described the proposal and explained that the Jefferson City School District has identified and purchased a site for construction of a second public high school, with plans to begin construction in 2018, with grading and clearing activities beginning in 2017. He stated that the site location has been widely publicized and a bond to pay for the construction was approved by voters in April of 2017. Mr. Barron explained that public schools are a conditional use in every zoning district, and the school district has applied for a conditional use permit so that planning and construction of the second high school can proceed. He stated that the subject property consists of multiple parcels and multiple zoning designations. Mr. Barron explained that the majority of the property is zoned C-2 General Commercial, with portions zoned RU Rural, C-1 Neighborhood Commercial, and RA -1 Multi -Family Residential. He stated that a new street is planned to be constructed, linking the roundabout at Mission Drive with Creek Trail Drive/Frog Hollow Road. Mr. Barron explained that sidewalks would be constructed on the western side of the new street to serve the pedestrian needs of the school. He stated that a future street connection to the west is shown on the plan but would be constructed at a future date. Mr. Barron explained that the Building is planned to be up to three stories in height, with entry doors at multiple levels due to the difference in topography elevation at the front and rear of the building. He stated that multiple parking lots are planned, with approximately 720 spaces identified with the site plan. Mr. Barron explained that a series of driveways would serve the parking lots and building and allow for internal vehicle circulation separate from the public street. He stated that two stormwater detention basins are shown on the plan. Mr. Barron explained that a 35 foot wide Type C bufferyard is shown on the eastern side of the new city street that would be constructed to serve the school. He stated that the bufferyard would serve as separation and screening for the multifamily residential uses along Portabello Place Drive. Mr. Paul Samson, Central Missouri Professional Services, 2500 E. McCarty Street, spoke regarding this request. Mr. Samson distributed the following visuals: (1) visual depicting the location of the proposed high school; (2) landscaping buffer exhibit; (3) site plan; and (4) visual depicting the elevation changes. He stated that proposed development will be concentrated on the east side of the property to take advantage of the natural topography and minimize the amount of earthwork to develop the site. Mr. Samson explained that a new city street will be constructed on the east side of the site which will connect to the roundabout at Mission Drive and Creek Trail Drive to the north. He stated that on the west side will be a connection to Ridge Crest Subdivision. Mr. Samson explained that the main purpose of the conditional use permit is to demonstration how the site has been designed to minimize the impact to adjacent property owners. He stated that the site is ideally located for this type of use. Mr. Samson explained that three sides of the property are surrounded by major roadway networks. He stated that the only potential impact is on the northeast side of the property and in order to minimize those impacts it was determined to locate the city street close to the border of the property to provide additional distance between the residential property and the proposed high school development. Mr. Samson explained that a bufferyard will be put in place to Minutes/Jefferson City Board of Adjustment Page 3 December 12, 2017 give an additional, level of buffering to the adjacent residential area. He stated that two separate detention basins will be provided as part of the development to reduce stormwater runoff. He stated that the detention basin located on the western side of the property will reduce storwater runoff by 15 percent whereas the detention basin located on the eastern side of the property will reduce stormwater runoff by 25 percent. No one spoke in opposition to this request and no correspondence was received. Mr. John Campbell, 2715 Eagle Drive, expressed a concern for any plans for the 1.74 acres north of Frog Hollow Road. Mr. Barron explained this area came as part of the property and there are no development plans. He stated that this area is highly regulated as it is located in the floodplain and close to a street. Mr. Barron explained that a greenway is proposed in this area. Mr. Barron gave the Planning Division staff report and explained that the findings appear to be met. He stated that the site is ideally located within an area that has good vehicle access and the site has been designed to minimize impacts on surrounding properties. Mr. Barron explained that infrastructure and utilities would be constructed to serve the development, including roads and internal driveways for vehicle circulation and sidewalks for pedestrian circulation. He stated that the site would be developed in accordance with applicable building code, fire code, zoning code, stormwater code, and all other applicable regulations. Mr. Barron explained that a subdivision plat will be brought before the Planning and Zoning Commission and the City Council at a future date. He stated that there will be a development agreement for the proposed road network. Mr. Graham moved and Mr. Rimiller seconded to approve the conditional use permit for a public high school. Mr. Graham expressed his support for the proposed high school. Mr. Hake complemented the endeavors of those that worked tirelessly to bring the proposed high school forward. The motion passed 5-0 with the following roll call vote: Aye: Gammon, Graham, Hake, Rimiller, Young 7. Miscellaneous Reports None. 8. Other Business 9. Adjournment The meeting was adjourned at 8:18 a.m. Respectfully submitted, Anne Stratman Administrative Assistant Jefferson City Board of Adjustment January 9, 2018 Case No. B18001 City Staff 400 W Main Street Variance from Floodplain Regulations City of Jefferson Board of Adjustment LOCATION MAP ,w RC �_ralee�ls?e - S• rIlirttlrr_ft . O,P �eRt7lceF.,�-tFer¢ - Dooli •V irt 44, • et e' e Case No. B18001 400 W. Main Street Variance from Flood Plain Regulations 0 70 140 280 Feet City of Jefferson Board of Adjustment VICINITY Case No. B18001 400 W. Main Street Variance From Flood Plain Regulations 0 275 550 1,100 Feet City of Jefferson - Staff Initiated Request Request For Variance To Construct In Floodplain Using Wet Floodproofing Methods — Units A and B, 400 W. Main Street Property Address: 400 W. Main Street Case No.: B18001 Staff Contact: Matt Morasch — Director of Public Works Don Fontana — Floodplain Administrator 573-634-6410 Summary of Request: In 2016, the State Emergency Management Agency (SEMA) conducted a Community Assistance Visit (CAV), which looked at Floodplain Development permits that had been issued over a three (3) year period (2014 — 2016). The City received a notice of potential violation for having permitted wet floodproofing methods to be used on two existing units of a larger building complex (4 total units) during conversion of the former Missouri Power and Light (Ameren) Manufactured Gas Plant complex in the Millbottom area to its present day use. The site is located to the west of the State Capitol building adjacent to Wears Creek. The former Manufactured Gas Plant was in operation for many years (late 1800's / early 1900's to the mid -1980's), before all work ceased at the site. Over the course of many years of industrial use, the site became contaminated with various chemicals identified as benzene, naphthalene and gasoline -range organics. In March, 2001, the Missouri Department of Natural Resources accepted this site into its Brownfields/Voluntary Cleanup Program. Ameren initiated site remediation actions at the former plant in 2001, and completed a soil remediation project in 2002. The remediation activities removed contaminated soils and other material to a depth of twenty-one (21) feet in and around two (2) former underground gas storage areas and a former tar separator. Approximately 11,000 tons of contaminated soil and coal tar residues were removed from the property, and the excavation area was backfilled with clean fill. Ameren placed a Declaration of Covenants and Restrictions on the property, which limited its use, due to a lingering potential for groundwater contamination. The Declaration of Covenants and Restrictions required that an impermeable surface be installed in the future to prevent infiltration of rainwater and snow melt to the subsurface soil that had not been removed from the site. The City acquired the property in 2010, and maintained the perimeter fence to keep the public out of the site, but did not install an impermeable surface. In 2012, the City sold 400 W. Main Street for $1 as an economic development incentive parcel. In 2014, the new owner of the site paved the remediated excavation area as part of their site improvements. The development area lies within the regulatory floodplain, and all of the work required a Floodplain Development permit. Units A, B, C and D were renovated concurrently with site paving work. Unit A is a small standalone accessory building to the west side of the entrance driveway which is currently being used as a walk up coffee shop. Unit B is the building that houses the Red Wheel Bike Shop and which shares a common wall with Unit C. Unit C is being used as the Capital Events Center. A fourth unit, Unit D, is located atop Unit B, but is elevated well above the regulatory floodplain and was not identified as being in potential violation by SEMA. The 2016 SEMA Community Assistance Visit identified Units A & B as being potentially in violation because of the City's approval that allowed the owner to use Wet Floodproofing methods rather than elevating both Units to one -foot above the base flood elevation, or requiring them to be Dry-Floodproofed similar to what had been required for Unit C. In order iu rectify the potential violation, the City is seeking a variance to endorse the decision which allowed Wet Floodproofing methods to be utilized on Units A and B. City staff contends that requiring Units A and B to either be elevated or Dry Floodproofed was not a feasible alternative — both aesthetically and financially. Attached to this Request for Variance are two Exhibits that provide additional background information for this site: Exhibit A is an article from the November 23, 2014 News Tribune entitled "Redevelopment gearing up for Jefferson City's Millbottom area". Exhibit B is a Former Manufactured Gas Plants Fact Sheet written by the Missouri Department of Natural Resources. As part of the variance application procedures, the Board of Adjustment must consider the eleven "technical evaluations" and nine "conditions for variances" listed in Section 31-312.D.3 and E of the code. Technical Evaluations a. The danger that materials may be swept onto other lands to the injury of others; All items stored in Units A and B, are moveable and will be removed in the event of a flooding hazard. The buildings are designed to withstand hydrostatic pressures that would result from a flooding event. b. The danger of life and property due to flooding or erosion damage; No one will occupy the structures during flooding events. Flooding events in this area are forecast several days in advance allowing for adequate time to evacuate all personnel and remove all property. There will be no danger to life or removable property. The buildings are designed to withstand hydrostatic pressures that would result from a flooding event. Therefore, no danger should exist relative to fixed elements of any building, with the exception of cleaning and minor repairs following a flood. c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; The buildings are designed and constructed with materials and methods to withstand hydrostatic pressures that result during flooding events. Therefore, no danger should exist relative to fixed elements of any building, with the exception of cleaning and minor repairs following a flood. d. The importance of the services provided by the proposed facility to the community; These facilities house Three Story Coffee and the Red Wheel Bike Shop. Both businesses seem to be popular stops for residents and visitors to the City alike. e. The necessity to the facility to a waterfront location, where applicable; Not applicable. f. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; g. There are no alternative locations in Jefferson City with the history of this site. There are certainly other locations which could house a coffee shop and/or a bike shop, but they would not be able to serve many of the residents and visitors of the City who utilize these two businesses. Three Story Coffee is popular for many State employees who park in the State parking lots adjacent to 400 W. Main Street and who work in the many State office buildings, including the Capitol. Red Wheel Bike Shop is located on the main route that visitors who ride the Katy Trail take when they make a sight-seeing detour from the trail along the bike route leading to the Capitol or when visitors and residents decide to rent bikes from Red Wheel to use on the Katy Trail. The compatibility of the proposed use with existing and anticipated development; The structures at 400 W. Main Street are similar in appearance and are compatible with the uses of this site. h. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; The Comprehensive Plan and floodplain management program make no reference to this location. i. The safety of access to the property in times of flood for ordinary and emergency vehicles; J• Access to the 400 W. Main Street will be at least as good as in other areas in the floodplain. During flooding events, all personnel and equipment will be removed from the site. Therefore, no life safety liabilities will exist during these times. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwater and the effects of wave action, if applicable, expected at the site; Existing buildings are designed and constructed with materials and methods to withstand hydrostatic pressures that result from flooding events. Therefore, no danger should exist relative to fixed elements of the buildings other than cleaning and minor repairs following a flood. All mechanical, plumbing and electrical services in existing buildings are already located a minimum of one foot above the base flood elevation .. - ...- - - - k. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. All of the above mentioned services are currently in existence at the site. Conditions 1. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by Tots with existing structures constructed below the base flood level, providing items 2 through 6 below have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases. Units A and B at 400 W. Main have been in service since the late 1800's. They were constructed of flood resistant materials and have repeatedly proven that they were built to withstand hydrostatic pressures. The City required installation of flood vents on both of these Units, which increases their ability to withstand flood damage, because the flood vents allow the automatic entry and exit of flood waters which equalizes the hydrostatic pressure that structures are subjected to in times of flooding. 2. Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places, the State Inventory of Historic Places, or local inventory of historic places upon determination provided the proposed activity will not preclude the structure's continued historic designation. None of the structures at 400 W. Main Street are listed as being historic. 3. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. Units A and B at 400 W. Main Street not located within the designated floodway. 4. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. Units A and B are designed and built to be flooded. To be compliant with NF1P flood code requirements, the structures would need to be elevated to one foot above the base flood elevation. This would require elevating the existing structures three and a half (3 %) feet higher than they are today. This is aesthetically and economically unfeasible. 5. Variances shall only be issued upon (a) a showing of good and sufficient cause, (b) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (c) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (a) This is a unique application for variance. The structures at this location have been in service since the late 1800's. Units A and B have been retrofitted using materials and methods to allow for the automatic entry and exit of floodwaters to withstand the hydrostatic pressures resulting from flooding events. (b) If the request for variance is denied, the only option available to keep Units A and B in compliance with NF1P flood code requirements would be for them to be elevated three and a half (3 'r4) feet higher than they are today. (c) Units A and B are not located within a designated floodway. The State parking lot on the south side of W. Main Street starts flooding near the location of the former pedestrian bridge when the river stage is approximately six to eight (6 - 8) feet lower than the ground elevation at Units A and B. This allows ample time for a managed and orderly evacuation of Units A and B. The structures have been retrofitted to allow the automatic entry and exit of floodwaters. After a flooding event, the silt will be removed from inside the structures, they will be cleaned out, and any minor repairs will be made. 6. A community shall notify the applicant in writing over the signature of a community official that (1) the issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage and (2) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this ordinance. (1) The owners of 400 W. Main Street are aware of the increased premium rates for insurance coverage and any future tenants will be notified as detailed above. (2) All notification of future tenants would be accomplished as required above. 7. Any applicant to whom a variance is granted shall be given a written notice that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest first floor. Written notice will be given. 8. The Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article. Agreed. 9. The floodplain administrator shall maintain the records of all appeal actions and report any variance to the federal emergency management agency upon request. Agreed. City of Jefferson Department of Planning & Protective Services 320 E. McCarty St. Jefferson City, MO 65101 December 26, 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, January 9, 2018 in the Council Chambers of the John G. Christy Municipal Building, 320 E. McCarty Street, to consider the following item of business: Case No. B18001 - 400 W. Main Street; Variance from Flood Plain Regulations. Application filed by city staff for a variance to floodplain regulations at 400 W. Main Street. The purpose of the request is to permit structures that are designed to be flooded during flood events on the property. The property consists of 2.49 Acres located 400 feet east of the intersection of Missouri Blvd and W. Main Street and is described as part of Inlot 60,62,65,69,63, all of Inlot 64, and vacated right-of-way, Jefferson City Missouri. As an adjoining landowner and/or neighbor, you have the privilege of attending this hearing. Unfortunately, we are unable to record comments received by telephone, but written comments will be made part of the official record. Written comments may be directed to the Board of Adjustment in one of the following ways: e-mail: jcplanning@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, January 8, 2018 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.jeffersoncitymo.gov/government/planninq/board of adjustment.php If you have any questions concerning this matter, please feel free to contact me at 573-634-6475. Sincerely, J Ian Zollinger 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. B18001 MISSOURI STATE OF 1 STATE CAPITOL BLDG JEFFERSON CITY, MO 65101 430 W MAIN ST 425 W MAIN ST GAYDOS, JOHN R BISHOP OF JEFFERSON CITY PO BOX 104900 JEFFERSON CITY, MO 65110-4900 216 BROADWAY MISSOURI PACIFIC RAILROAD 210 NORTH 13TH ST ST LOUIS, MO 63101 MAIN STW CITY OF JEFFERSON 320 E MCCARTY ST JEFFERSON CITY, MO 65101 W MAIN ST CAPITAL MILL BOTTOM L L C 920 NOB HILL JEFFERSON CITY, MO 65109 400 W MAIN ST MISSOURI STATE OF PO BOX 809 JEFFERSON CITY, MO 65102 414WMAINST Page 1 400 W Main Street January 9, 2018 Case No. B18001 400 W. Main Street Variance from Flood Plain Regulations 185 ft. Notification Buffer 0 80 160 S 320 480 640 Feet