Loading...
HomeMy Public PortalAbout2020-02-11 packetNotice of Meeting & Tentative Agenda Jefferson City Board of Adjustment Tuesday, February 11, 2020, 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 October 8, 2019 5. Communications Received 6. New Business Public Hearings Case No. B20001- 2930 W Edgewood Drive, Conditional Use Permit. Application filed by Stone Creek Management LLC, property owner, and Magruder Paving LLC, applicant, for a Conditional Use Permit to operate a temporary asphalt plant in a C-2 General Commercial Zoning District. The property is located on the North West corner of the intersection of Highway 179 and West Edgewood Drive and is described as Part of the Northwest Quarter of the Northeast Quarter and part of the Southwest Quarter of the Northeast Quarter of Section 15, Township 44 North Range 12 West, in the City of Jefferson, Cole County, Missouri. (MECO Engineering, consultant) 7. Miscellaneous Reports 8. Other Business 9. Adjourn Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Please call 573-634-6410 for information regarding agenda items. MEETING MINUTES JEFFERSON CITY BOARD OF ADJUSTMENT October 8, 2019 BOARD MEMBERS PRESENT Andrew Hake, Vice Chair Adam Cartwright, Alternate Jamie Seaver, Roy Michael, Alternate Sharon Keating, Alternate Jim Crabtree BOARD MEMBERS ABSENT Katy Lacy Brad Schaefer COUNCIL LIAISON PRESENT STAFF PRESENT Sonny Sanders, Director of Planning & Protective Services Eric Barron, Planning Manager Bryan Wolford, Associate City Counselor Ian Zollinger, Planner Beth Sweeten, Administrative Assistant ATTENDANCE RECORD 9 of 9 8 of 9 8 of 9 3 of 4 8 of 9 2 of 2 6 of 9 7 of 9 1. Call to Order and Introduction of Members, Ex -Officio Members and Staff Vice Chairman Hake called the meeting to order at 7:34 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: Hake, Seaver, Crabtree, Keating and Cartwright. 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 Mr. Crabtree moved and Ms. Keating seconded to adopt the agenda as printed. The motion passed 5-0 with the following votes: Aye: Hake, Seaver, Crabtree, Keating and Cartwright. 4. Approval of Minutes from the Regular Meeting of August 13, 2019 Mr. Seaver moved and Mr. Crabtree seconded to approve the minutes as printed. The motion passed 5-0 with the following votes: Aye: Hake, Seaver, Crabtree, Keating and Cartwright. 5. Communications Received No correspondence was received. 6. New Business — Public Hearing Minutes/Jefferson City Board of Adjustment Page 2 October 8, 2019 Case No. B19008- 621 Blair Drive: Conditional Use Permit for Cellular Tower, Variance to property setback, and to Cell Tower Separation Requirement. Request filed by Eric and Cristine West, property owners, and AT&T, applicant, for the following: 1. A Conditional Use Permit for a 100 foot tall Telecommunication Facility. 2. A Variance to the applicable minimum separation requirement for Monopole Towers of 750 feet to permit a separation of approximately 529 feet. (Section 35-42.R.3.c) 3. A 36 foot Variance to the applicable setback of 100 feet to permit a setback of 64 feet. (Section 35-42.R.3.a) The property is located on the eastern side of Blair Drive 350 feet north of Missouri Boulevard and is described as Part of the North Half of Section 14, Township 44 North, Range 14 West, Cole County, Missouri. (Fullerton Engineering, consultant). Mr. Zollinger described the proposal and explained that this application is subject to the required findings for conditional use permits outlined in Section 35-73.A of the Zoning code and the required findings specific to telecommunication facilities outlined in Section 35-42.N.1.d of the Zoning Code. Mr. Tony Phillips, 1100 E Woodfield Rd, Schaumburg IL, 60173, spoke on behalf of the Fullerton Engineering. He stated the need for the new tower is to have one on higher elevation to allow for better service. He explained that the setback variance is needed to allow room for future development to utilize the property as well. No one spoke in opposition to this request and no correspondence was received. Mr. Zollinger gave the Planning Division staff report and explained the required findings appear to be met for all requested variances and the conditional use permit request. The proposed telecommunication tower meets the specific use requirements outlined in the Zoning Code. The tower is located in undeveloped/vacant area surrounded by commercial and apartment uses so the impact to neighboring properties is minimal. Ms. Keating moved and Mr. Seaver seconded to approve the conditional use permit for a 100' tall cell tower and telecommunications facility. After discussion, the motion passed 5-0 with the following roll call vote: Aye: Hake, Seaver, Crabtree, Keating and Cartwright. Mr. Seaver moved and Ms. Keating seconded to approve a Variance to the applicable minimum separation requirement for Monopole Towers of 750 feet to permit a separation of approximately 529 feet. After discussion, the motion passed 5-0 with the following roll call vote: Aye: Hake, Seaver, Crabtree, Keating and Cartwright. Mr. Seaver moved and Mr. Cartwright seconded to approve a 36 feet variance to the applicable setback of 100 feet to permit a setback of 64 feet. After discussion, the motion passed 4-1 with the following roll call vote: Aye: Hake, Seaver, Keating and Cartwright. Nay: Crabtree Case No. B19009- Case No.B19009 - 2233 & 2235 Missouri Blvd; Variance to Parking Lot Landscaping Requirement. Request filed by 2233&2235 Missouri Blvd LLC and Kolb Management LLC, Property Owner, and Lawrence Kolb, authorized representative, for the following: A variance from the requirement that landscaped plantings shall be installed on any parking Tots containing more than 10 spaces to shade at least 35 percent of the parking lot to allow for an approximate 50% reduction in coverage. ( Section 35-58.B.5.b) The property is located on the Southern side of Missouri Blvd 1,400 feet east of W Stadium and is described as Part of the Southwest Quarter of the Northeast Quarter of Section 11, Township 44 North, Range 12 West, in the City of Jefferson, Cole County, Missouri. (Central Missouri Professional Services, consultant) Minutes/Jefferson City Board of Adjustment Page 3 October 8, 2019 Mr. Zollinger explained that a building near the entrance of the parking lot is proposed to be built. The construction of the building requires the parking lot conform to the parking lot landscaping requirements. The applicants desire is to seek a partial variance to the parking lot landscaping requirement to allow for an approximately 50% reduction in coverage to correlate to the total cost of the project triggering the requirement for parking lot landscaping. Mr. Larry Kolb, 731 Turnberry Drive, spoke on his request. He explained that he would be adding more trees than are currently there, which is none. He will maintain the property year round to assure that it is being kept up. No one spoke in opposition to this request and no correspondence was received. Mr. Zollinger gave the Planning Division staff report and explained the required findings appear to be met for the requested variance. He stated the zoning code allows for financial hardship to be a consideration in the case of bringing off-street parking lots into conformance with landscaping requirements. A condition is already placed within the code that if the variance is granted it should be a limited to the minimum variance necessary. A 50 % reduction would be in keeping with the general spirit and intent of the zoning code. Mr. Seaver moved and Ms. Keating seconded to approve a variance from the parking lot landscaping to allow for a reduction of 50% of coverage for this project. After discussion, the motion passed 5-0 with the following roll call vote: Aye: Hake, Seaver, Crabtree, Keating and Cartwright. 7. Miscellaneous Reports None. 8. Other Business A. Election of Officers Mr. Seaver made a motion to nominate Mr. Hake as Chairman for the Committee. Mr. Crabtree seconded the motion. The motion passes 5-0 with the following roll call vote: Aye: Seaver, Crabtree, Keating, Cartwright and Michal. Ms. Keating made a motion to nominate Mr. Crabtree as Vice Chairman for the Committee. Mr. Seaver seconded the motion. The motion passes 5-0 with the following roll call vote: Aye: Hake, Seaver, Keating, Cartwright and Michael. B. Adoption of 2020 meeting calendar Mr. Crabtree made a motion to approve the 2020 meeting calendar. Mr. Seaver seconded the motion. The motion passes 5-0 with the following roll call vote: Aye: Hake, Seaver, Crabtree, Keating and Cartwright. C. Comprehensive Plan update Mr. Zollinger updated the group on the Comprehensive Plan. He stated that all of the offsite community workshops were completed. There will be one more community mapping workshop, which will be held at City Hall on October 24, 2019. 9. Adjournment The meeting was adjourned at 8:33 a.m. Respectfully submitted, Beth Sweeten Administrative Assistant Jefferson City Board of Adjustment February 11, 2020 Case No. 620001 Stone Creek ManagementlMagruder Paving LLC 2930 West Edgewood Drive Conditional Use Permit For Temporary Asphalt Plant STAFF REPORT BOARD OF ADJUSTMENT — CITY OF JEFFERSON, MISSOURI February 11, 2020 Case No. B20001- 2930 W Edgewood Drive, Conditional Use Permit. Application filed by Stone Creek Management LLC, property owner, and Magruder Paving LLC, applicant, for a Conditional Use Permit to operate a temporary asphalt plant in a C-2 General Commercial Zoning District. The property is located on the North West corner of the intersection of Highway 179 and West Edgewood Drive and is described as Part of the Northwest Quarter of the Northeast Quarter and part of the Southwest Quarter of the Northeast Quarter of Section 15, Township 44 North Range 12 West, in the City of Jefferson, Cole County, Missouri. (MECO 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 consists of approximately 11.59 acres and is Zoned C-2 General Commercial. The purpose of the request is to operate a temporary (99 days) asphalt plant to fulfill a contract for a Missouri Department of Transportation paving project along Highway 54 this coming spring and summer 2020. Asphalt Plants are a conditional use of the C-2 General Commercial Zoning District. Zoning and Surrounding Land Us The subject property is zoned C-2 General Commercial: Zoning Code Requirements In addition to normal zoning code requirements Asphalt Plants must adhere to Specific Use Standards contained within the Zoning Code as follows: Setbacks: Adjacent to residential zoning districts. The minimum setback for concrete mixing plants, asphalt plants and cement batch plants shall be 35 feet from any property line which abuts a residential zoning district. This setback shall apply to all buildings, structures, internal driveways and parking lots. The site plan provides complies with this section of code. State and Federal Regulation: The concrete facility shall comply with state and federal regulations pertaining to drainage, erosion control, and dust mitigation Bufferyard: A Type C Bufferyard shall be installed in accordance with Section 35-59. Access, Parking and Loading: Access shall be provided from arterial streets and facility vehicles shall not make use of residential collectors or minor residential access streets. Driveways and employee and patron parking lots shall be paved; however gravel may be used for heavy equipment operational areas and product storage areas. Validity: The concrete mixing plant, asphalt plant or cement batch plant may continue operation until the expiration of the permit as approved by the Board of Adjustment provided all the terms of the permit are met and the land use is operated in a lawful manner. Surrounding Zoning Surrounding Uses North RS -1 Residential South C-2 Undeveloped East C-2 Undeveloped West PUD/RS-1 Undeveloped/ Residential Zoning Code Requirements In addition to normal zoning code requirements Asphalt Plants must adhere to Specific Use Standards contained within the Zoning Code as follows: Setbacks: Adjacent to residential zoning districts. The minimum setback for concrete mixing plants, asphalt plants and cement batch plants shall be 35 feet from any property line which abuts a residential zoning district. This setback shall apply to all buildings, structures, internal driveways and parking lots. The site plan provides complies with this section of code. State and Federal Regulation: The concrete facility shall comply with state and federal regulations pertaining to drainage, erosion control, and dust mitigation Bufferyard: A Type C Bufferyard shall be installed in accordance with Section 35-59. Access, Parking and Loading: Access shall be provided from arterial streets and facility vehicles shall not make use of residential collectors or minor residential access streets. Driveways and employee and patron parking lots shall be paved; however gravel may be used for heavy equipment operational areas and product storage areas. Validity: The concrete mixing plant, asphalt plant or cement batch plant may continue operation until the expiration of the permit as approved by the Board of Adjustment provided all the terms of the permit are met and the land use is operated in a lawful manner. FINDINGS REQUIRED Conditional Use Permits are reviewed based on the required findings as outlined in Section 35- 73.A.4 of the Zoning Code. A. The proposed use is consistent with the goals, objectives and policies of the Comprehensive Plan; and B. The proposed use complies with all applicable provisions of the zoning district regulations and shall conform to the general intent and purpose of the Zoning Ordinance; and C. The proposed use complies with all fire, health, building, plumbing, electrical and stormwater drainage regulations of the City and regulations of County, state and federal agencies; and D. The proposed conditional use is not materially detrimental to the public health, safety, convenience and welfare, or results in material damage or prejudice to other property in the vicinity; and E. The proposed use is compatible with and preserves the character and integrity of adjacent development and includes improvements to mitigate adverse development -related impacts, such as traffic, noise, odors, visual nuisances, or other similar adverse effects to adjacent development and neighborhoods; and F. The proposed use does not generate pedestrian and vehicular traffic which will be hazardous to the existing and anticipated traffic in the neighborhood; and G. Adequate utilities exist to serve the proposed conditional use. The applicant has provided responses to the required findings, which can be found within the application materials STAFF ANALYSIS OF REQUIRED FINDINGS The proposed location of the asphalt plant is in a commercial area not far removed from a quarry that has been used intermittently for asphalt plant operations, but the proposed location is also in close proximity to residentially zoned and used property and is in a fairly visible location on a major street within the community. As stated above applicants must meet the specific use standards found in Article 4 of Chapter 35 of the City of Jefferson Sec 35-41.4 as well as all other applicable City Code requirements. City Staff feel that conditions to address traffic safety issues and the integrity of infrastructure are necessary. These would include issues with large trucks entering and exiting the roadway, keeping debris off of the public right of way and ensuring the restoration of worn down or removed striping. FORM OF MOTION If the Board of Adjustment concludes that the required findings of fact for the requested conditional use permit can be met, staff would recommend the following motion: Motion to approve the proposed Conditional Use Permit to permit a Temporary Asphalt Plant subject to the following conditions: 1. That the conditional use permit expires 99 days after operations begin and all operations must be completed before 12/31/2020. 2. All City Code requirements, including but not limited to zoning code requirements and stormwater regulations must be met. 3. All State and Federal requirements for asphalt plant operations must be met, including obtaining the necessary permits from the applicable State of Missouri agencies. 4. The Driveway entrance for the asphalt operations shall be limited to the western driveway entrance and the driveway shall be paved a minimum of 50 feet back from the road and have a minimum paved width of 24 feet. 5. Appropriate signage including "Trucks Entering/Exiting the Roadway" temporary/warning signage notifying both directions of traffic shall be placed on West Edgewood Drive to the satisfaction of the Public Works Department 6. Striping along W Edgewood Drive shall be maintained and restored to city standards if damaged. 7. A final plan shall be submitted addressing the conditions listed and any other applicable requirements. City of Jefferson Board of Adjustment LOCATION MAP Case No. B20001 2930 W Edgewood Drive Conditional Use Permit 0 130 260 520 Feet City of Jefferson Board of Adjustment VICINITY W TRUMANiBLVD Case No. B20001 2930 W Edgewood Drive Conditional Use Permit 0 650 1,300 2,600 Feet W MECO ENGINEERING CO., INC. MECO #104-628 January 10, 2020 Jefferson City Board of Adjustment Attn.: Ian Zollinger, Planner 320 E. McCarty Street Jefferson City, Missouri 65101 RE: Leon Beck / Magruder Paving, LLC Revised application & Site Plan submittal for requested "Conditional Use Permit" Temporary (mobile) asphalt plant at 2930 W. Edgewood Drive (rear) Dear Mr. Zollinger, Attached for your review and comment please find a slightly -revised application, and 3 prints of a preliminary site plan for a temporary asphalt plant at the above referenced location. The existing ground features, property boundary lines and contours are developed from GPS survey and aerial drone photography performed in the past week -or -so. Mr. Duane Mueller of Magruder Paving contacted MECO on December 12, 2019, shortly after he received your email reply message which included other very helpful information. Duane asked that we work with you to provide the Board of Adjustment with the site plan necessary to allow proceeding with their pursuit of obtaining a conditional use permit for this proposed temporary asphalt plant. Please review and comment on this plan at your earliest convenience. Don Jenkins, P.E., Dalton Creach or myself can take your call. Or contact me via email at rkliethermes@mecoengineering.com. REK:rek Encl.: rev'd app & 3 plan prints Cc: SEV, D.Mueller Best Regards, MECO ENGINEERING COMPANY, INC. Ronald E. Kliethermes, PLS Surveys Manager — Jeff City Office 2701 Industrial Drivel Jefferson City, MO 65109 1 P: 573-893-5558 City of Jefferson Department of Planning & Protective Services 320 E. McCarty Street Jefferson City, MO 85101 Phone: 573-634-6410 isplanrringriNoffciNmo.org wwwjeffersoncifyrno.gov Date filed: 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 ❑ Chapter 31, Article III, Floodplain Management; 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). Atiske,1r,rY,en+ 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: c3 9 3 b W . F d `' woo c r. B. Property Description: A++QrJhrvt an •k- 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: $300 + $100 advertising fee. A check payable to the 'City of Jefferson' for the application filing fee must be attached to this application. Revised July 1, 2018. 6. Response to Required Findings: Applicant responses to required findings must be attached. The required findings vary based on type of application as follows: a. Setback, lot area or dimension variance — Addendum A (Density and Dimensional) b. Height variance — Addendum B c. Fence height variance —Addendum C d. Number of parking spaces variance — Addendum D e. Location of off street parking variance — Addendum E f. General Variance (variances not associated with other addendums) — Addendum F (a� Conditional use permit—Addendum G (Conditional Telecommunication facility conditional use permit—Addendum H i. Signage: 1. Signage variance — Addendum i 2. Conditional use sign permit — Addendum J j. Appeals of administrative decision — Addendum K k. Variance to Floodplain Regulations — Addendum L Page 1 of 10 7. The undersigned certify to be all of the owner(s) of the above described property and that the submitted information (including all attachments to this application) is true and correct. (All owners of this property must sign and the signatures must be notarized). ieol Property Owner Signature Printed Name/Title (type or print) Property Owner Signature Printed Name/Title (type or print) Subscribed and sworn before me this day of 'bP.C2 len_ber ,l9 AME' C. GIBLER Notary Public, Notary Seal State of Missouri Lincoln County • Commission # 17462522 My Commission Expires 08-21-2021 Applicant (if different from •property owner): ,oArkt, 4, Notary Public Name et%srt uu. PG.0 i As LI C.... Mailing Address .255 1 arson Rd. ,'"Croy MO 43s-'tA Phone Number 4%6 - sa$ - 'ago 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 requlmd under the Americans with Disabilities Act. Please allow three business days to process the request. Page 2 of 10 Jefferson City Board of Adjustment Application Addendum G — Conditional Use Permit To be used for conditional use permit requests. (Section 35-73.A.4) Property Address a 9 30 t4J . E d...54. wood. Applicant Name t o.oj tau Qav;ng LLC, Provide responses to the following required findings. State all reasons for your answer and use additional pages to complete your answer if necessary. Findings of Fact: 1. Is the proposed use consistent with the goals, objectives and policies of the Comprehensive Plan? - See- 43.31A cx.c.19v2, c& G►r1 S wo C5 - 2. Does the proposed use comply with all applicable provisions of the zoning district regulations and conform to the general intent and purpose of the Zoning Code? 3. Does the proposed use comply with all applicable fire, health, building, plumbing, electrical and stormwater drainage regulations? 4. Is the proposed conditional use materially detrimental to the public health, safety, convenience and welfare or does it result in material damage or prejudice to other property in the vicinity? Jefferson City Board of Adjustment Application Addendum G Conditional Use Permit Page 2 5. Is the proposed use compatible with and does it preserve the character and integrity of adjacent development and include improvements to mitigate adverse development related impacts such as traffic, noise, odors, visual nuisances, or other similar adverse effects to adjacent development and neighborhoods? — se.e 04'nc.1-% ad, answers -- 6. Does the proposed use generate pedestrian and/or vehicular traffic which will be hazardous to the existing and anticipated traffic in the neighborhood? 7. Do adequate utilities exist to serve the proposed conditional use? log 171 Pe r s fooY7IeWV 3 L unr71341Arr r -W 7L r Application to the Board of Adjustment RE: Attachment to answer #2 Magruder Paving will execute MODOT Contract ID 191115-DO2, Hwy 54 asphalt improvements. To support this contract Magruder Paving requests approval to temporarily operate a portable asphalt plant at 2930 W. Edgewood (C-2). Please consider this Conditional Use Permit as allowed under 35-28 and in compliance with 35- 73A, 35-71, Site Plan. Magruder Paving would like to emphasize the short time frame of occupancy and compels the Board of Adjustments to grant a Conditional Use Permit for no more than 99 days from the date of installation. Jefferson City Board of Adjustment Application Addendum G — Conditional Use Permit (Section 35-73.A.4 2930 W. Edgewood Magruder Paving, LLC Findings of Fact: (Answers) 1. Answer: The requested temporary conditional use permit is consistent with the Comprehensive Planning, provided in City of Jefferson, Chapter 35 Zoning Code. Exhibit 35-28 Land Uses Authorized in Zoning Districts designates an asphalt plant as a "C" within C-2 zoning district. The temporary operation of a portable asphalt plant is consistent with current local development construction activities and would support the overall regional improvement to Hwy 54. 2. Answer: The request is for agreement to a CUP that lasts no more than 99 days from the initial day of installation. The use would be consistent with short term use of construction equipment and is similar to other current construction or improvement projects in the area. 3. Answer: The proposed use does comply with stated applicable regulations. Required environmental permits for air pollution control and storm water pollution prevention are obtained from Missouri Department of Natural Resources. Magruder Paving has been inspected and found in compliance by MDNR for both air and storm water quality. 4. Answer: No 5. Answer: The proposed "temporary " use is compatible with and similar to current local construction, development and regional infrastructure improvements. All traffic, noise and odors will be proactively addressed and controlled to have minimal or no impact. Dust will be minimal by use of chemical suppression and watering. Truck routes will be maintained and kept clean and free of debris. 6. Answer: The proposed use would not generate an increase traffic or hazardous conditions that is outside of the current/normal traffic exposures. 7. Answer: Yes. However, the self-contained portable unit does not utilize the existing utilities. No changes to the utilities will be required. �" „o "cw / - Vy55 i /--:moi == • .^ _�.....,....,_7:_ _, _:1 , .___,_,___.,...._::_, :___:,,...,:,....:::::,.. �, rte• dtt 1 1� t (146'd �L6Z'6) SLUdd3HJS VONlNB �Y RdiSdi' -_ r ,f 1 47 1 a Igi j6 k. UVIJU! _ 1111441:41 11;11 ill City of Jefferson Department of Planning d Protective Services 320 E. McCarty Street Jefferson City, MO 65101 Phone: 573.634.6410 f cvlanninnOiaffcgvnr0. ore www.jeffersonc tymo.gov Project Information (Please use additional sheets if necessary) Name of Project tA o.$ cv.d•e.r ('.seho Ple.n 1- — 'Tern p°cat-y Location /Address c99 .0 U3. �c3.go. u_100 a. , 5e-cc-f-tc5 Del Cky Submitted by M ck. r L..d.c.r. q.��.n,9 , LLL Applications Submitted (Check box) DP&Z: ❑Zoning Amend ❑Comp Plan Amend DSpecial Exception EIPUD ❑Sub. Plat (=Annexation 0 BOA: 'OCUP ❑Variance ❑Appeal Consultants) (List lead consultant and all others who are responsible for major project elements) Lead Consultant Name 1)Allvn Crto.c-h 2 70 ! 'G.n s1 -ria. l &..'. i 57g- gq ?- 5S $ g Firm Name Fax No. MECO c_„gtroa..ci,qe M, 0 45 ] o 5 Address Telephone Number E -Mail CA C.rtc. El) rnt.e.4 an e.et;n_(,,,?r1-, Consultant Name 1 Firm Name Address Telephone Number Fax No. E -Mail _I Consultant Name 1 Firm Name Address Telephone Number Fax No. E -Mail Property Owners/Applicants (List owner, Mark "X" next to the name of the primary contact) / sizz /1-it,724 / MO jOwner Name L e. on 13e c,k 5fon Q C,Qele a4at) w qd-ce.._U_p_Sw-e GI, Address Telephone No. 513 — co 3 S - 1 "7 `, a. Fax No. E -Mail )( Applicant Name M(\Brud er p0.. Ail, , LLL 4�5$ tt.)a'trson Rd. , "i'roy MO C936- 5 8 -44180 1 Co3179 Fax No. Address I Telephone No. E -Mail d,r v,.Q-I l41" (> rr1a5ru.das' c om pan, t5, L 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. Page 3 of 10 City of Jefferson Department of Planning & Protective Services 320 E. McCarty St. Jefferson City, MO 65101 January 28, 2020 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 moming of Tuesday, February 11, 2020 in the Council Chambers of the John G. Christy Municipal Building, 320 E. McCarty Street, to consider the following item of business: Case No. B20001- 2930 W Edgewood Drive, Conditional Use Permit. Application filed by Stone Creek Management LLC, property owner, and Magruder Paving LLC, applicant, for a Conditional Use Permit to operate a temporary asphalt plant in a C-2 General Commercial Zoning District. The property is located on the North West corner of the intersection of Highway 179 and West Edgewood Drive and is described as Part of the Northwest Quarter of the Northeast Quarter and part of the Southwest Quarter of the Northeast Quarter of Section 15, Township 44 North Range 12 West, in the City of Jefferson, Cole County, Missouri. (MECO Engineering, consultant) As an adjoining landowner and/or neighbor, you are being provided notice of 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, February 10, 2020 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.ieffersoncitvmo.govkiovernment/planninq/board of adiustment.php If you have any questions concerning this matter, please feel free to contact me at 573-634-6475. 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 Owners List Case No.B20001 LUCIA, CATHERINE 2409 FLAMINGO RD JEFFERSON CITY, MO 65109 BRIARWOOD DR ENLOE, STEVEN D & SIGRID M 2724 KENWOOD DR JEFFERSON CITY, MO 65109 2724 KENWOOD DR TOLKSDORF, MATTHIAS H & TRUSTEES THERESA A 849 WEATHERHILL RD JEFFERSON CITY, MO 65109 849 WEATHERHILL RD LAND INVESTMENTS L L C 8514 LIBERTY RD JEFFERSON CITY, MO 65101-4960 822 W STADIUM BLVD LAND INVESTMENTS L L C 8514 LIBERTY RD JEFFERSON CITY, MO 65101 2929 HARMONY GROVE SCHEPPERS, JOSEPH N & BRENDA K 817 WEATHERHILL RD JEFFERSON CITY, MO 65109 HARMONY GROVE RD Magruder Asphalt Plant CUP SCHEPPERS, JOSEPH N & BRENDA K 817 WEATHERHILL RD JEFFERSON CITY, MO 65109 W EDGEWOOD DR CITY OF JEFFERSON 320 E MCCARTY ST JEFFERSON CITY, MO 65101 3337 W EDGEWOOD DR SCHEPPERS, JOSEPH N & BRENDA K 817 WEATHERHILL RD JEFFERSON CITY, MO 65109 817 WEATHERHILL RD CAPITAL CITY CONVENIENCE GROUP LLC 406 MONROE ST JEFFERSON CITY, MO 65101 2727 W EDGEWOOD DR STONE CREEK MANAGEMENT L L C 1200 LECAR DR JEFFERSON CITY, MO 65109 2905 W EDGEWOOD DR LECAR L L C 1200 LECAR DR JEFFERSON CITY, MO 65109 1200 LECAR DR Page 1 2/11/20 Case No. B20001 2930 W Edgewood Drive Conditional Use Permit 185 ft. Notification Buffer s 0 162.5 325 650 975 1,300 feel BOARD OF ADJUSTMENT CORRESPONDENCE RECEIVED Case No. B20001 2930 W Edgewood Sender Senders Address How Received Date Received Ron Taube 925 Sardonyx Drive Email 1/30/2020 Jon and Pattie Alewel 978 Diamond Ridge Email 2/2/2020 John and Debby Howland 2725 Kenwood Drive Email 02/04/2020 Sweeten, Beth To: Subject: Hi lan, Zollinger, Ian RE: Temporary Asphalt Plant I am writing to voice my disapproval of the proposed temporary asphalt plant on West Edgewood. Zoning regulations are in place to both protect property rights and community rights. Giving a waiver, for a second time, to businesses for the same site shows a disregard for the people living in the area. This disregards the reason for zoning in the first place. The proposed site is C-2 not industrial. Even under the Planned Industrial District zoning this site would not be allowed. Under Section 5.210 PI Planned Industrial District. A. The PI Planned Industrial District is established to provide for a broad range of industrial and commercial uses, with restrictions on NOXIOUS ODORS, dust, FUMES, gas, NOISE, or vibrations. I live at 925 Sardonyx Drive. All smoke and fumes settle into the bottom of this valley in which I live. If this waiver is approved you will be denying my property rights by limiting my ability to use my outdoors because of NOXIOUS ODORS. I also use the Green -way adjacent to the proposed site. Are you going to notify all users of the Green -way? All users have a right to be informed and a say in the proposal. They are affected Do you believe that people walking the park want to inhale the NOXIOUS ODORS. There are people who walk the Green -way to maintain or improve their health. The Green- way, which is part of the Jefferson City Park system, and all of its users would be impacted by the ODORS and the the FUMES. Last year when a temporary asphalt plant was located close to Stadium there was asphalt dropping all over the turn about and adjacent roads. It was a mess. What assurances would be in place to prevent this happening at the proposed site. Were there complaints about the temporary asphalt plant that was located by Stadium Blvd? If there was, you would be knowingly placing a problem to a different site. If site is approved, legal remedies will be explored with all involved. Thank you, Ron Taube 925 Sardonyx Drive Jefferson City MO 65109 email: rjtaube©aol.com Phone: 573-644-4140 Sweeten, Beth From: Jon Alewel <alewelpj2@embarqmail.com> Sent: Sunday, February 02, 2020 5:50 PM To: Sweeten, Beth Subject: 2930 Edgewood Temporary Asphalt Plant To Whom It May Concern, We vote NO for the temporary company. The location need to be closer to the area they are working and not in a residential/commercial area. There are multiple concerns for this. This will all be presented by representatives that will attend the meeting. Jon & Patti Alewel 978 Diamond Ridge Jefferson City, MO 1 Sweeten, Beth From: John <jhowland@mchsi.com> Sent: Tuesday, February 04, 2020 11:08 AM To: Sweeten, Beth Subject: Fw: Case No.B2001-2930 W.Edgewood Drive, Conditional Use Permit Dear Board of Adjustment: We reside at 2725 Kenwood Drive, and have lived here since 1986. Our home is located approximate 1200 feet due east of the proposed asphalt plant, atop the bluff that overlooks the Rt 179/West Edgewood intersection. Once built, the smoke, dust, and asphalt cooker will be visible from our west windows. This e-mail is intended to OPPOSE the conditional use permit. Surely you will hear a number of objections to this proposed permit based on undesirable noise and odors, undesirable traffic and visual ugliness. However, our primary concern deals with the West Edgewood "Greenway" Trail. As trail users in the neighborhood, we have walked, run or bicycled on the Greenway sidewalk for at least 15 years. It is estimated that one or both of us have used this portion of the trail no fewer than 1500 times since construction of the sidewalk in or around 2005. Greenway Trail users in this area have long dealt with numerous challenges in this area including, but not limited to discourteous truck drivers at the Capitol Quarry entrance, inattentive drivers making right hand turns onto, and off of Rt 179 at the Edgewood intersection crosswalks, and speeding drivers cruising through the alleged "crosswalk" on West Edgewood at the Butterfly Garden. Although a new section of Greenway (connecting the Butterfly Garden with the new Capital City High School) was intended to reduce the aforementioned hazards, the new section of trail has been plagued with its own hazards in the form of rocks, gravel, silt, mud, ice and sheet runoff from the adjacent Stone Creek Properties. To date the Parks and Recreation Department has failed miserably at keeping this portion of the trail usable following runoff events. Now the City of Jefferson is considering yet another impediment to the free flow of pedestrian and bicycle traffic on the trail. For 3-4 months during the recreational season, trail users will compete with discourteous, inattentive dump truck drivers who will be crossing the sidewalk, with or without regard to sidewalk users. We will also contend with the gravel, mud, silt and "trackout" pollutants that trucks leave on the sidewalk on a daily basis. Following this 3-4 month temporary period, we can expect that the sidewalk will be a fractured mess, not unlike the sidewalk that abuts other sections of Stone Creek Properties. We know about this proposed project because we were contacted by a neighbor who received a letter from the City. However, we believe that the Board of Adjustment may be ignoring and/or brushing off hundreds of people who use the sidewalk on a daily or weekly basis, but don't live in 1 the neighborhood. The weak and ineffectual sign that is posted at the entrance to the "STRIKE" property is laughable. No one reads it or even sees it as they cross the entrance to the Stone Creek Property. We understand that asphalt from this temporary location is going to be transported to a resurfacing job on Route 54, approximately three miles away. However, there are highly desirable locations near to the intersection of Routes 179 and 54, on location, where a temporary plant could be constructed, with fewer environmental and sociological impacts. Although the temporary nature and magnitude of environmental impacts from this proposal do not warrant the preparation of an environmental impact statement in the context of the National Environmental Policy Act (NEPA), clearly issuance of this permit would not withstand the rigors of "alternatives analysis" required by NEPA. Thank you for your consideration. John and Debby Howland 2725 Kenwood Drive Jefferson City 573-230-1587 2