HomeMy Public PortalAbout2018-01-23 packetNotice of Special Meeting & Tentative Agenda
Jefferson City Board of Adjustment
Tuesday, January 23, 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. Communications Received
5. 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.
6. Miscellaneous Reports
7. Other Business
8. 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.
Jefferson City
Board of Adjustment
Special Meeting
January 23, 2018
Case No. B18001
City Staff
400 W Main Street
Variance from Floodplain Regulations
City of Jefferson Board of Adjustment
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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
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