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Home My Public Portal About2018-05-15 packetIndividuals 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. Notice of Meeting & Tentative Agenda Jefferson City Board of Adjustment Tuesday, May 15, 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 Special Meeting of January 23, 2018 5. Communications Received 6. New Business Public Hearings Case No. B18002 - 1129 Cedar City Drive; Variance from Flood Plain Regulations. Request filed by Joshua Korte, property owner, for a variance to floodplain regulations. The purpose of the request is to permit construction of a structure designed to be flooded during flood events on the property. The property is described as part of the South half of Section 9, Township 44 North, Range 11 West, City of Jefferson, Callaway County, Missouri (Four Points Land Surveying & Engineering Inc. Consultant). Case No. B18003 - 501 Broadway Street, Setback and Parking Lot Landscaping Variances. Request filed by River Region Credit Union, applicant, and RRRE Holdings LLC, property owner, for the following: 1. A 25 feet variance to the 25 feet front setback requirement to permit a 0 foot front setback on Miller Street frontage. 2. A 10 feet variance from the 25 feet front setback requirement to permit a 15 feet setback from the Broadway Street frontage. 3. A variance from the Parking Lot Landscaping requirement to remove the requirement. The property is located 100 feet south of the intersection of Broadway and Highway 50 and is described as N 100’ of Inlot 688 and W 35.62’ of N 100’ Inlot 689, City of Jefferson, Cole County, Missouri (Crocket Engineering Consultant). 7. Miscellaneous Reports 8. Other Business 9. Adjourn MEETING MINUTES JEFFERSON CITY BOARD OF ADJUSTMENT January 23 2018 BOARD MEMBERS PRESENT ATTENDANCE RECORD Andrew Hake, Vice Chair 4 of 4 Katy Lacy 3 of 4 Paul Graham 3 of 4 Brad Schaefer, Alternate 3 of 4 BOARD MEMBERS ABSENT Matt Rimiller 2 of 4 Stacey Young, Chairwoman 3 of 4 Robert Gammon, Alternate 2 of 4 COUNCIL LIAISON ABSENT Erin Wiseman STAFF PRESENT Sonny Sanders, Director of Planning & Protective Services Eric Barron, Planning Manager Bryan Wolford, City Counselor Don Fontana, Floodplain Administrator Alex Rotenberry, Planner Ian Zollinger, Planner Anne Stratman, Administrative Assistant 1. Call to Order and Introduction of Members, Ex-Officio Members and Staff Vice Chairman Hake called the meeting to order at 7:30 a.m. and introduced Board members and asked staff to introduce themselves. A quorum was present to hear the items on the agenda. The following members were designated to vote: Graham, Hake, Lacy, Schaefer. Those wishing to speak to the Board were sworn in. 2. Procedures Explained Vice Chairman Hake explained the procedures of the meeting. Mr. Zollinger 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 Vice Chairman Hake requested to amend the agenda to include the adoption of minutes from the December 12, 2017 and January 9, 2018 meetings. Mr. Graham moved and Ms. Lacy seconded to adopt the agenda as amended. The motion passed 4-0 with the following votes: Aye: Graham, Hake, Lacy, Schaefer Special Meeting Minutes/Jefferson City Board of Adjustment Page 2 January 23, 2018 4. Approval of Minutes from the Regular Meeting of December 12, 2017 Mr. Graham moved and Ms. Lacy seconded to approve the minutes as printed. The motion passed 4-0 with the following votes: Aye: Graham, Hake, Lacy, Schaefer 5. Approval of Minutes from the Regular Meeting of January 9, 2018 Ms. Lacy moved and Mr. Schaefer seconded to approve the minutes as printed. The motion passed 4-0 with the following votes: Aye: Graham, Hake, Lacy, Schaefer 6. Communications Received No correspondence was received 7. New Business – Public Hearing 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. Mr. Zollinger described the proposal and explained that this variance request pertains to Chapter 31, Stormwater Management. He stated that Chapter 31 assigns responsibility for ruling on variance requests from floodplain regulations to the Board of Adjustment. Mr. Zollinger explained that it is recommended by FEMA to have a variance procedure in place for when those regulations need to be varied. Mr. Don Fontana, City of Jefferson Floodplain Administrator, explained that in 2016, the State Emergency Management Agency (SEMA) conducted a Community Assistance Visit, which looked at Floodplain Development permits that had been issued over a three (3) year period (2014 – 2016). He stated that 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. Mr. Fontana explained that wet floodproofing requires all electric and HVAC connections to be raised one foot above the floodplain. He stated that automatic flood vents were installed so that as floodwaters rise the flood vents open and allows floodwaters to enter the building equalizing pressure so that the walls do not collapse. Mr. Fontana explained that the 2016 SEMA Community Assistance Visit identified Units A & B at 400 W. Main Street 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. He stated that in order to 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. Mr. Fontana explained that staff contends that requiring Units A and B to either be elevated or Dry Floodproofed was not a feasible alternative, both aesthetically and financially. He stated that the City acquired the property in 2010. Mr. Fontana explained that in 2012, the City sold 400 W. Main Street for $1 as an economic development incentive parcel. Mr. Graham noted that the property owners were not in attendance and inquired whether they were notified of both of these proceedings especially since this meeting was rescheduled from January 9, 2018 due to lack of a quorum. Mr. Barron explained that the property owners were informed of this process and city staff conveyed that they were not compelled to attend this meeting. He stated that city staff initiated this request. No one spoke in opposition to this request and no correspondence was received. Special Meeting Minutes/Jefferson City Board of Adjustment Page 3 January 23, 2018 Mr. Graham moved and Ms. Lacy seconded to approve the requested variance to construct in the floodplain using Wet Floodproofing Methods, as outlined in the application materials, for property addressed as 400 W. Main Street, Units A and B. Mr. Hake commented that we are seeing another step by the City to revitalize this neighborhood and other neighborhoods for the betterment of the city as a whole. The motion passed 4-0 with the following votes: Aye: Graham, Hake, Lacy, Schaefer 8. Miscellaneous Reports None. 9. Other Business None. 10. Adjournment The meeting was adjourned at 8:00 a.m. Respectfully submitted, Anne Stratman Administrative Assistant Jefferson City Board of Adjustment May 15,2018 Case No. 618002 Joshua Korte 1129 Cedar City Drive Variance from Floodplain Regulations 1129 Cedar City Drive - Staff Report Request For Variance To Construct In Floodplain Using Wet Floodproofing Methods Property Address: 1129 Cedar City Drive Owner: Korte Sales, LLC, Joshua Korte Case No.: B18002 Staff Contact: Ian Zollinger — Planner 1 Eric Barron — Planning Manager Don Fontana — Floodplain Administrator Summary of Request: Korte Sales LLC wishes to construct a log and mulch storage / sales yard, and an equipment storage yard on a parcel that is located entirely within the Missouri River floodplain. Additionally, the regulatory floodway cuts diagonally across a portion of this property, from south east to the north west. Korte Sales LLC would like to construct a 96' X 60' (5,760 square feet) open sided building using wet floodproofing techniques in an area of the property designated as floodplain — not floodway. At some point in the future, they propose constructing a 96' X 60' addition to this building, using wet floodproofing methods as well. City Code Section 31-321. Provisions for Flood Hazard Reduction, paragraph F. Accessory Structures, allows for utilization of wet floodproofing techniques for accessory structures constructed at grade, for structures not larger than 400 square feet. Further guidance was obtained from a Missouri State Emergency Management Agency Quick Guide document which covers many floodplain management topics, and is attached below. There is a provision in this guidance document that allows for wet flood proofing of agricultural pole frame buildings by variance. Missouri State Emergency Management Agency P.O. Box 116 ■ Jefferson City, MO 65102 • 573-526-9129 https://sema.dps.mo.gov/programs/floodplain Variances allowed for: ■ Pole frame buildings ■ Steel grain bins ■ Steel frame corn cribs ■ General purpose feeding barns open on one side Variances are not allowed for: ■ Livestock confinement buildings ■ Poultry houses ■ Dairy operations ■ Other similar livestock facilities 46 State X41 Important Farm houses are NOT agricultural structures. Noncrvoted agricultural structures must be considered on a site specific basis and may be permitted only by variance. Applicants must slaw that sites are in "wide, expansive floodplain areas" and no other alternative location outside of the floodplain exists. The best flood protection is to elevate agricultural structures, but certain types can be approved by variance if they are "wet floodprooFed." MISSOURI QUICK GUIDE 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 A.3 and B of the code. Technical Evaluations a. The danger that materials may be swept onto other lands to the injury of others; All material and equipment that would be stored in the structure is portable and would be removed in the event of a flooding hazard. The building is designed to withstand hydrostatic pressures that would result from a flooding event due to being open on the sides. b. The danger of life and property due to flooding or erosion damage; No one will occupy the structure 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 building is designed to withstand hydrostatic pressures that would result from a flooding event. Therefore, no danger should exist relative to fixed elements of the 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 building is designed and constructed with materials and methods to withstand hydrostatic pressures that result during flooding events. All equipment that would be stored in the building is portable and would be removed prior to 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. Any contents stored in the building would be removed. d. The importance of the services provided by the proposed facility to the community; Not applicable. 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; The location is well suited for the proposed use. g. The compatibility of the proposed use with existing and anticipated development; The proposed structure and use is similar in nature to other structures and uses near this property. h. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; The Comprehensive Plan calls for continued development. The floodplain management program makes no reference to the proposed use. L The safety of access to the property in times of flood for ordinary and emergency vehicles; Access to the property 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 property. Therefore, no life safety liabilities will exist during these times. j. 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; The building will be constructed to withstand hydrostatic pressures that result from flooding events. Any equipment and material stored on the property will be removed prior to a flooding event. No danger should exist relative to fixed elements of the building other than cleaning and minor repairs following a flood. 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 to serve 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 lots 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. The Jefferson City Parks and Recreation Department has a similar log / mulch storage operation in the area. The only difference would be the open sided storage building on the Korte site which would resist hydrostatic pressure due to its design. 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. Not applicable. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. The proposed building would not be 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. To be compliant with NFIP flood code requirements, the structure would need to be elevated to one foot above the base flood elevation. This would require elevating the structure approximately ten feet above the existing ground elevation. Granting of a variance would allow construction at grade using wet floodproofing methods. 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) The SEMA Quick Guide for Floodplain Management in Missouri allows for variances to be issued for non -elevated agricultural structures located on sites that are in "wide, expansive floodplain areas" such as the Missouri River floodplain. (b) If the requestfor variance is denied, the owner will not be able to use this property for their intended purpose. (c) The granting of a variance to construct an agricultural building that is open on the sides in the Missouri River floodplain will not result in increased flood heights because the water will flow in and through the building as opposed to a watertight "closed" structure that would offset an equivalent volume of water. The site will be evacuated during times of flood, including the removal of all personnel, equipment, logs, mulch and materials stored at the site. 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. Agreed. 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 Board of Adjustment LOCATION Case No. 618002 0 135 270 540 Feet N 1129 Cedar City Drive W+ r B S City of Jefferson Board of Adjustment Case No. 618002 1129 Cedar City Drive VICINITY 0 495 990 1,980 Feet N W+ ; G S City of Jefferson Date filed Department of Planning & Protective Services 320 E. McCarty Street Jefferson City, MO 65101 Phone: 573-634-6410 icplanninq@ effcitVmo.Orq www.jeffersoncitymo.gov 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) ❑ Appeal of Administrative Decision (Section 35-73C) ❑ Chapter 3, Advertising and Signs: Signage Variance or Conditional Use Sign Permit g] ChapterI,r 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). 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: 11 a- 9 C "AfL- C-;±4 J)RL1 C_ JeffCr sur\C P AO B. Property Description: g a 13 L" +I' in -Lwnh p 4 N 0 0-0-ttall 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. C110 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—AddendumB 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 L 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 n6larized). L - ^t -1 ccc �c A-KUF4--e KrfeS0-QS Prop I Owner Signature Printed Name/ritle (type or print) Property Owner Signature Printed Namelritle (type or print) U -L Applicant if different from prop rty owner Name Mailinp 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. CITY OF JEFFERSON, MISSOURI FLOODPLAIN DEVELOPMENT PERMIT/ APPLICATION APPLICATION #: DATE: TO THE ADMINISTRATOR: The undersigned hereby makes application for a permit to develop in a floodplain. The work to be performed, including flood protection works, is as described below and in attachments hereto. The undersigned agrees that all such work shall be done in accordance with the requirements of the Flood Hazard Regulations of Jefferson City, Missouri and with all other applicable City, State of Missouri, and Federal laws and regulations. onleLC- K I'e {jbac"Sc- olNrs Property Owner Consultant/Builder IoL5 1Q AJ Y 17 Zl J "l � t AddressI Address City / State/ Zip City/ State/ Zip .- -al _� �0 S-73-�0�-SS33 Phone Phone GITF (IATA 1. Location (Section, Township, Range) Subdivision, Lot # Street Address 2. Development Type: Filling Grading Excavating ✓ New Const. Substantial Improvement Non -Substantial Improvement Other 3. Description of Development C'.. - 4. Premises: Structure size: ft. x ft. Area of site: sq. ft./acres Principal use: /11 • S a-- P ✓/ UU Accessory uses (storage parking etc.) �i o f 5. Value of Improvement (fair market) $ Pre -I provement/Assessed Value of Structure $ 6. Is property located in a designated FLOODWAY? YES cL r NO If answered yes, certification must be provided prior to the issuance of a permit to avelop verifying that proposed development will result in NO INCREASE in the base flood (100 -year) elevation. 7. Is property located in a designated FLOODPLAIN FRINGE? YES al - 'c NO S. Elevation of the 100 -year flood S MSL/NGVD p$' 0 3 5 ID SOURCE 9. Elevation of the proposed developmt siteMSL/NGVD en 10. Elevation /floodproofing requirement MSL/NGVD 11. Other floodplain elevation information (ID and describe source) 12. Are other permits required? U.S. Army Corps of Engineers 404 Permit: Yes No Missouri Department of Natural Resources: rYes 2 No Other: MARCH 2013 - PAGE 1 OF 2 ALL provisions of Chapter 31, Article III, Flood Hazard Regulations shall be in compliance. of Owner Signature of Consultant/ Builder VZ),5 /�v /q ko te Tu- — Q'd 6 - U- (U 7— Print Name and Title Pi Z KCK -( ZiALtS L[C Print Name and Title PERMIT APPROVAL/ DENIAL BY THE CITY OF JEFFERSON, MISSOURI Plans and Specifications Approved / Denied this: Signature of Authorizing Official Day of . 20 Print Name and Title This permit is issued with the following conditions (1) that the lowest floor (including basement) of any new or substantially - improved residential structure will be elevated a minimum of one (1) foot above the base flood elevation. If the proposed development is a non-residential structure, this permit is issued with the condition that the lowest floor (including basement) of any new or substantially -improved non-residential structure will be elevated or floodproofed a minimum of one (1) foot above the base flood elevation and (2) that the developer/owner will provide certification by a registered engineer, architect, or land surveyor of the as -built lowest floor elevation of any new or substantially -improved structure covered by the permit. cc: Engineering Division Building and Inspection Services Division CITY OF JEFFERSON John G. Christy Municipal Building 320 East McCarty Street, Jefferson City, MO 65101 Phone: (573) 634-6410 / Fax: (573) 634-6562 MARCH 2013 — PAGE 2 OF 2 11.29 Cedar City Dr, Jefferson City, MO 65101 Legal Description: 6.82(+/-) acres located 1129 Cedar City Dr, (Old US Hwy 63) in Callaway County, MO., in Section 9, Township 44, Range 11, Callaway County, Missouri. Case No. 618002 1129 Cedar City Drive Variance from Floodplain Regulations PRELIMINARY DRAWING USE ONLY FOR REFERENCE. ' 017 arrmatToratta ° a FF D D c n a A 1f7nICYte.1 ri! ANCHOR ROD PLAN IoleAtalraraa4+av-0r(Falmt waft I+aYN dra..M rd IM rn.W ta.ury °w �•�.n. t. pnNA.x w Al1OCRILGi1N1l�J°Ei371® aK PP0.1 a AUf AMFt�HI SyFl�rt•s-17eYn ffMLw F4+IN Kr: T -. 11447. ftAOEMAtOT9tICt lJyVOtdlY, Ovral aea sgnw�on" Tt.T�ilot gw,&We"ooeF ffawd6rpihd p�ac1W EWklrg ++� � DRAWING ST USRov SPOAM F, w: 4MPREMIER �MN'V4 MIg,INfOe4.AItl AIff OIIKN '•FFi C1MMt:.FF1bfC1.II N14JV4.. Il.F 1Y Ci11frbNN6T 41Y{t IIPa}IIO.RfORM. 1,Y � a:�.�If.t71i F:RLCN:Fa11W MFPPFSFr�'V)4:MV. TI1pR Be�A1NT8111LNTiE ,rill. b, -411411. 111,1\,IIJ' J I,F IN Mme- ww- DD71DiE7FOYtLtlD'.iliaNmt'/ A• ),4- IeWTMN67 attm NOW :CNftC:CDS AIW�i�Yil![7 FCh t.CNlrrLtT1:N•tAN iF va. AfchoT Rod Phn I= REFERTOCI I11afQltfATla1 DTa>yl Ol�ml AIOIIWl�e'ffT1lEJla. 1• f,t• fe4hYNT Md. Fb TfOc,16D I.7IY�0 N N•jaaJw .l A(.IIR.I• I•M ,l, I!YIN,a�IIai YI, 1 n TWIT•Y� NM1LN fKC. WF WPb 1•li N:T I:fAI:irEO. 0 4Y Pq AKSK1 r=W4DiLT0116:A0Y I, sly N[tlfS° aetss� I,F1Wr?PNIgt,N„I.MI141:,7�,N• MI, I. w.t:Nl„I.1. eoriauasvttun l3St3Z "a•`•��mw ANCHOR RODS (By OTHERS) Di .. ' * N:s namliw a � A c ° e n 0 t t A e Case No. B18002 1129 Cedar City Drive Variance from Floodplain Regulations v6vjl9m9l%v%-W 11%0119 5 l%a%F%MFFl%mlmv City of Jefferson Department or Planning & Protective Services 320 E. McCarty St. Jefferson City, MO 65101 May 1, 2018 Dear Property Owner: Carrie Tergin, 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, May 15, 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. B18002 - 1129 Cedar City Drive; Variance from Flood Plain Regulations. Request filed by Joshua Korte, property owner, for a variance to floodplain regulations. The purpose of the request is to permit construction of a structure designed to be flooded during flood events on the property. The property is described as part of the South half of Section 9, Township 44 North, Range 11 West, City of Jefferson, Callaway County, Missouri (Four Points Land Surveying & Engineering Inc. 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 o.m. Monday, May 14, 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: htto://www.ieffersoncitymo.aov/govemmenttplanning/board of adiustment.ohp If you have any questions concerning this matter, please feel free to contact me at 573-634-6475. Sincerely, 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 Page 1 Property Owner List Case No. B18002 1129 Cedar City Drive May 15, 2018 Donald M Farmer Trust P.O. Box 104960 Jefferson City, MO 65101 Ryan, Patrick M . & Anne M. 2600 Pebble Creek Ct Columbia, MO 65201 1129 Cedar City Drive (Subject Property) Dallas L. Humphrey 1211 E High Street Jefferson City, MO 65101 Capital Real Estate Holdings LLC 12610 Renz Farm Road Jefferson City, MO 65101 G&K Real Estate LLC 12575 Renz Farm Road Jefferson City, MO 65101 Case No. B18OO2 1129 Cedar City Drive 185 ft. Notification Buffer 0 65 130 260 390 520 N HwYss �63 i i ti O� e _ o o" SIXTH ST O ALLEY3 t. t. O U FIFTH STI ctl` 0 9 0 O �0 CO) FOURTH ST rr 0 0 0 0 z z 0 FMTM U Jefferson City Board of Adjustment May 15,2018 Case No. B18003 River Region Credit Union 501 Broadway Street Setback and Parking Lot Landscaping Variance STAFF REPORT BOARD OF ADJUSTMENT — CITY OF JEFFERSON, MISSOURI May 15, 2018 Case No. B18003 - 501 Broadway Street, Setback and Parking Lot Landscaping Variances. Request filed by River Region Credit Union, applicant, and RRRE Holdings LLC, property owner, for the following: 1. A 25 feet variance to the 25 feet front setback requirement to permit a 0 foot front setback on Miller Street frontage. 2. A 10 feet variance from the 25 feet front setback requirement to permit a 15 feet setback from the Broadway Street frontage. 3. A variance from the Parking Lot Landscaping requirement to remove the requirement. The property is located 100 feet south of the intersection of Broadway and Highway 50 and is described as N 100' of Inlot 688 and W 35.62' of N 100' Inlot 689, City of Jefferson, Cole County, Missouri (Crocket Engineering 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 property is a vacant lot zoned C-2 General Commercial. The applicants desire to construct a 2,560 sf community center and drive thru remote bank teller. The proposed building would encroach into the 25' front setback of the property from Broadway Street and the 25' into the other front setback from Miller Street. The property owner is requesting variances in order to accommodate the proposed building. The applicants also desire to seek a variance from the parking lot landscaping requirement. ZONING AND SURROUNDING LAND USE The subject property is zoned C-2 General Commercial STAFF ANALYSIS The property is corner lot 100' wide and 140' deep (14,000 sf). Due to the size and the nature of the lot, any building would conflict likely with the required setbacks. The property is typical to the neighborhood, with many surrounding properties lot sizes being identical or comparable in size. The building across Broadway from the subject property is built at the front setback lines, similar to what is proposed for this property. Landscaping: The nature of the parking lot is such that landscaping would better serve the right-of-way then the parking lot itself. FINDINGS REQUIRED The applicant has provided responses to the required findings. In reviewing this case, the Board may wish to consider the following questions: Surrounding Zoning Surrounding Uses North PUD Highway 50 South C-2 Multi Family East C-2 Undeveloped West C-2 Office STAFF ANALYSIS The property is corner lot 100' wide and 140' deep (14,000 sf). Due to the size and the nature of the lot, any building would conflict likely with the required setbacks. The property is typical to the neighborhood, with many surrounding properties lot sizes being identical or comparable in size. The building across Broadway from the subject property is built at the front setback lines, similar to what is proposed for this property. Landscaping: The nature of the parking lot is such that landscaping would better serve the right-of-way then the parking lot itself. FINDINGS REQUIRED The applicant has provided responses to the required findings. In reviewing this case, the Board may wish to consider the following questions: 1. Are there any practical difficulties unique to this property which under strict and literal adherence to the provisions of the zoning regulations would cause the applicant an unnecessary hardship? 2. Would the appearance and value of surrounding properties be damaged if the variance is granted? -Finding Yes No Comments Not eliminate an adequate supply of light or air X Building would be situated away from other to adjacent property. neighboring properties. The effect on the supply of light or air to neighboring properties would be minimal. Not substantially increase congestion in the X There would be no traffic congestion created -public street. by the ro osed variance. Not increase the danger of fire or endanger the X The building would be 55' from the rear safety of the public. property line. There would be no increase in the danger of fire by the proposed variance Not be unduly injurious to the use and enjoyment X The building would be typical for the area. of adjacent property. The effect of a reduced front setback on neighboring ro erties would be minimal. Not substantially diminish property values in the X The building would be typical for the area. neighborhood. The effect of the variance on surrounding property values would be minimal. Be in keeping with the general spirit and intent of X The property would still have a side setback. the zoning code. STAFF RECOMMENDATION The required findings appear to be met. The impact of a reduced front setback on the property to the side and for other adjacent properties is minimal and the proposed variance would not create any unsafe conditions. FORM OF MOTION 1. Motion to approve a 25' variance to the 25' front setback requirement to permit a 0' front setback on Miller Street frontage. 2. Motion to approve a 10' variance from the 25'front setback requirement to permit a 15' setback from the Broadway Street frontage. 3. Motion to approve a variance from the Parking Lot Landscaping requirement to remove the requirement with the following condition: a. A comparable level of landscaping to be installed in front of the building as show on the submitted site plan, subject to right -of -way approval by City Staff. City of Jefferson Board of Adjustment LOCATION MAP F Case No. B18003 0 60 120 240 Feet N 501 Broadway W+E S City of Jefferson Board of Adjustment VICINITY 4 - 41 Case No. B18003 0 215 430 860 Feet N 501 Broadway Street W+ E S City of Jefferson Date filed: Department of Planning & Protective Services 320 E. McCarty Street Jefferson City, MO 65101 Phone: 573.634-6410 icolanninaraVeffcitvmo. ora w jeffersoncitymo.gov APPLICATION TO THE BOARD OF ADJUSTMENT The undersigned hereby request(s) the following: ❑ Conditional Use Permit (Section 35-73A; Section 35-71, Site Plan) ✓❑ Variance (Section 35-7313; Section 35-71, Site Plan) ❑ Appeal of Administrative Decision (Section 35-73C) ❑ Chapter 3, Advertising and Signs: Signage Variance or Conditional Use Sign Permit ❑ 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). Reduce building setback on Broadway St. to 15.0' and on W. Miller St. to 0.0'. Eliminate Parking Lot Shading Requirements 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: 501 Broadway B. Property Description: CITY OF JEFFERSON INLOT N 100' OF INLOT 688 & W 35.62' OF N 100' OF INLOT 689 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) The undersigned certify to be all of the owner(s) of the above described property and that the submi ed information (including all attachments to this plicat. ) is true agd�e At wne f this property must sign and the si net as ust be � e Printed Name/Title ttype or print) Property Owner Notary Public - Notary Seal State of Missouri, Cole County commission Number 12408624 rnmmissinn Eaoires Oct 25, 2020 Applicant (if different from property owner): Printed Name/Title (type or print) I . SwId" ; W. Name River Region Credit Union Mailing Address 3608 W. Truman, Jefferson City, MO 65109 Phone Number 57 % 3; 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. Jefferson City Board of Adjustment Application Addendum A — Density and Dimensional Standards To be used for variance requests dealing with setbacks, lot width, or lot area. (Section 35-73.B.4.b and c.(1)) Property Address, 501 Broadway Applicant Name River Region Credit Union Provide responses to the following required findings. State all reasons for your answer and use additional pages to complete your answer if necessary. General Findings: 1. Would the proposed variance eliminate an adequate supply of light or air to the adjacent property? No, requested variance to reduce building setbacks is along a dead-end street that serves a single user. The location of the setback variance is adjacent to public right-of-way and would not impact neighboring properties. 2. Would the proposed variance substantially increase congestion on the public street? No, public street impacted by variance is a dead-end. only traffic will be to and from the subject lot, which will not be a large generator of traffic. The proposed use (banking and community center) will have less of a traffic impact as compared to the previous use (restaurant) 3. Would the proposed variance increase the danger of fire or endanger the safety of the public? No. The variance will not affect the public safety what so ever. 4. Would the proposed variance be unduly injurious to the use and enjoyment of the adjacent property? No, request will have no impact on adjacent properties. Jefferson City Board of Adjustment Application Addendum A — Density and Dimensional Standards Page 2 5. Would the proposed variance substantially diminish property values in the neighborhood? No. 6. Would the proposed variance be in keeping with the general spirit and intent of the Zoning Code? Yes. Specific Findings: 1. Are there practical difficulties associated with the premises which under strict and literal adherence to the provisions of this chapter would cause an unnecessary hardship? Yes. The size and existing grade of the site does not allow for this site to be easily redeveloped. By granting the variance it would allow the site to be developed in a manner that would be more appealing to all parties. r Jefferson City Board of Adjustment Application Addendum F — General Variance To be used for variance requests not covered by the other addendums. (Section 35-73.B.4.b) Property Address 501 Broadway Applicant Name River Region Credit Union Provide responses to the following required findings. State all reasons for your answer and use additional pages to complete your answer if necessary. General Findings: 1. Would the proposed variance eliminate an adequate supply of light or air to the adjacent property? No, by granting the variance it would actually allow for more natural light and air floor to the adjacent properties. 2. Would the proposed variance substantially increase congestion on the public street? No. This variance would have no effect on the public safety. 3. Would the proposed variance increase the danger of fire or endanger the safety of the public? No. 4. Would the proposed variance be unduly injurious to the use and enjoyment of the adjacent property? No. Jefferson City Board of Adjustment Application Addendum F — General Variance Page 2 5. Would the proposed variance substantially diminish property values in the neighborhood? No. 6. Would the proposed variance be in keeping with the general spirit and intent of the Zoning Code? Yes, we believe it would. SIMON ASSOCIATES, INC. 1pp❑E 101101! ARCHITECTURE 1E 11E=❑❑1EI Transmittal Date: April 16, 2018 Project: River Region Credit Union (501 Broadway) To: City of Jefferson Department of Planning and Protective Services 320 E. McCarty Street Jefferson City, MO 65101 From: Jason Tegerdine Simon Associates, Inc. 210 Park Avenue Columbia, MO 65203 Re: Request for Variances — 501 Broadway Attached please find the supplemental documents for the Board of Adjustment application that was submitted earlier today, for the property located at 501 Broadway, including a check for $210, a preliminary site plan representing the proposed work, and addenda 'A' and T'. Due to the size and existing grading of the site we are requesting variances to the building setbacks and landscaping requirements to allow for the redevelopment of the site. We are proposing to reduce the setbacks along both the Broadway and Miller frontage. It is impractical to install landscaping to shade the parking lot on the West of the site because of an existing retaining wall. We propose to supplement the required landscaping along Miller St in lieu of installing on the West of the lot. Please contact me if you have any questions or need anything further Thank you, Jason Tegerdine 210 Park Avenue, Columbia, MO 85203 Phone: 573-874-1818 email: jsimon@simonassoc.net Page 1 of 1 CALCULATIONS: PARKM SUVA4ARY: PROPOSED BUILDING: 2,560 S.F. REQUIRED PARKING (COMMUNITY ACTIVITY BUILDING 1 PER 5D0 GFA): 6 SPACES PROPOSED STANDARD PARKING SPACES: 14 SPACES PROPOSED ACCESSIBLE PARKING SPACES: 1 SPACE TOTAL PARKING SPACES: 15 SPACES ru W r m SITE/CIVIL ENGINEER: dd�aeU�D U U ENGINEERING CONSULTANTS 1000 W. Nirong Blvd., Bldg.I Columbia, Missouri 65203 (573)447-0292 www.crockettengineering.com Crockett Engineering Consultants, LLC Missouri Certificate of Authority e 2000151301 ------------------- EX. SIDEWALK — — — — log 501 BROADWAY ST. - JEFFERSON CITY W MILLER STREET FLOODWAY SPACES EXISTING RETAINING 509 BROADWAY STREET WALL W/ FENCE GREENS INDUSTRIES INC ZONED C-2 I PROPOSED ATM PROPOSED DUMPSTER SKETCH PLAN SCALE:1' 20' -----------------� 91 211 W MILLER STREET MID - OHIO SECURITIES CORP ZONED C-2 I I I EXISTING RETAINING WALL I I II x I I I I II EXISTING FENCE I I II r— — — — — — — — -- II I Case No. 818003 501 Broadway Street Setback & Parking Lot Landscaping Variances g100 YEAR F1,00D PLAIN ml ..-s PROPOSED j BUILDING 2,560 S.F. 501 BROADWAY ST. - JEFFERSON CITY W MILLER STREET FLOODWAY SPACES EXISTING RETAINING 509 BROADWAY STREET WALL W/ FENCE GREENS INDUSTRIES INC ZONED C-2 I PROPOSED ATM PROPOSED DUMPSTER SKETCH PLAN SCALE:1' 20' -----------------� 91 211 W MILLER STREET MID - OHIO SECURITIES CORP ZONED C-2 I I I EXISTING RETAINING WALL I I II x I I I I II EXISTING FENCE I I II r— — — — — — — — -- II I Case No. 818003 501 Broadway Street Setback & Parking Lot Landscaping Variances City of Jefferson Department of Planning & Protective Services 320 E. McCarty St. Jefferson City, MO 65101 May 1, 2018 Dear Property Owner: Carrie Terain, Mayor Sonny Sanders, AICP, Director Phone: 573-634-6410 Fax: 573-634-5562 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, May 15, 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. B18003 - 501 Broadway Street, Setback and Parking Lot Landscaping Variances. Request filed by River Region Credit Union, applicant, and RRRE Holdings LLC, property owner, for the following: 1. A 25 feet variance to the 25 feet front setback requirement to permit a 0 foot front setback on Miller Street frontage. 2. A 10 feet variance from the 25 feet front setback requirement to permit a 15 feet setback from the Broadway Street frontage. 3. A variance from the Parking Lot Landscaping requirement to remove the requirement. The property is located 100 feet south of the intersection of Broadway and Highway 50 and is described as N 100' of Inlot 688 and W 35.62' of N 100' Inlot 689, City of Jefferson, Cole County, Missouri (Crocket Engineering 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, May 14, 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: hftp://www.ieffersoncitymo.gov/qovernmenttplanning/board of adiustment php If you have any questions concerning this matter, please feel free to contact me at 573-634-6475. Sincerely Ian nger 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. B18003 CITY OF JEFFERSON 320 E MCCARTY ST JEFFERSON CITY, MO 65101 405 BROADWAY 220 W HANDLEY WAY 211 W MCCARTY ST 207 W MCCARTY ST 225 W HANDLEY WAY 217 W HANDLEY WAY 201 W HANDLEY WAY MISSOURI STATE OF 1 STATE CAPITOL BLDG JEFFERSON CITY, MO 65101 300 W MCCARTY ST A A A J HOSPITALITY L L C 319 W MILLER ST JEFFERSON CITY, MO 65101 319 W MILLER ST 501 Broadway Street PHOENIX HEALTHCARE REALTY HOLDINGS L L C 3033 S KANSAS EXPWY SPRINGFIELD, MO 65087 500 BROADWAY SCHROEDER WAY NORTHWAY, TOMMY LEE & AMY ROSE 1336 BONITA PASEO JEFFERSON CITY, MO 65109 508 BROADWAY BROWN, RON 510 BROADWAY JEFFERSON CITY, MO 65101 510 BROADWAY PRENGER, MICHAEL W & JANICE I, TRUSTEES 902 TANYA LYNN DR JEFFERSON CITY, MO 65109 512 BROADWAY 514 BROADWAY MID - OHIO SECURITIES CORP FBO RICHARD S GRONER IRA 425 CEDAR CREEK CT JEFFERSON CITY, MO 65101 211 W MILLER ST 212WELM ST Page 1 May 15, 2018 LAMAR OUTDOOR ADVERTISING OF MISSOURI PO BOX 1089 OSAGE BEACH, MO 65065 HWY 50 & 63 R R R E HOLDINGS L L C 501 BROADWAY JEFFERSON CITY, MO 65101 501 BROADWAY (Subject Property) GREEN, DANNY J & KATHLEEN A 3108 HUNT RIDGE RD JEFFERSON CITY, MO 65109 214 W SCHROEDER WAY 513 BROADWAY GREEN INDUSTRIES INC PO BOX 104656 JEFFERSON CITY, MO 65110 509 BROADWAY 218WELM ST GREEN, DANNY J & KATHLEEN A PO BOX 104656 JEFFERSON CITY, MO 65110-4656 511 BROADWAY GRONER, JOANN C, TRUSTEE 425 CEDAR CREEK CT JEFFERSON CITY, MO 65101 214WELM ST Case No. 818003 501 Broadway Street 185 ft. 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