HomeMy Public PortalAbout2020-02-11 minutesMEETING MINUTES
JEFFERSON CITY BOARD OF ADJUSTMENT
February 11, 2020
BOARD MEMBERS PRESENT ATTENDANCE RECORD
Andrew Hake, Chairman 10 of 10
Adam Cartwright, Alternate 9 of 10
Brad Schaefer 8 of 10
Jim Crabtree, Vice Chairman 3 of 3
Katy Lacy 7 of 10
Sharon Keating, Alternate 9 of 10
BOARD MEMBERS ABSENT
Jamie Seaver 8 of 10
Roy Michael, Alternate 3 of 5
COUNCIL LIAISON PRESENT
Erin Wiseman
Carlos Graham
STAFF PRESENT
Sonny Sanders, Director of Planning & Protective Services
Eric Barron, Planning Manager
Bryan Wolford, Associate City Counselor
Ian Zollinger, Planner
Ahnna Nanoski, Planner
Beth Sweeten, Administrative Assistant
Shane Wade, Civil Engineer
1. Call to Order and Introduction of Members, Ex-Officio Members and Staff
Chairman Hake called the meeting to order at 7:32 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, Schaefer, Crabtree, Lacy and Keating. Those
wishing to speak to the Board were sworn in.
2. Procedures Explained
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. Lacy seconded to adopt the agenda as printed. The motion passed
5-0 with the following votes:
Aye: Hake, Lacy, Schaefer, Crabtree, and Keating.
4. Approval of Minutes from the Regular Meeting of the October 8, 2019
Mr. Crabtree moved and Ms. Lacy seconded to approve the minutes as printed. The motion
passed 5-0 with the following votes:
Aye: Hake, Lacy, Schaefer, Crabtree, and Keating.
Minutes/Jefferson City Board of Adjustment Page 2
February 11, 2020
5. Communications Received
Communication packets were provided to committee members.
6. New Business – Public Hearing
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)
Mr. Zollinger described the proposal and explained that this application is subject to the required
findings for conditional use permits outlined in Article 4 of Chapter 35 of the City of Jefferson Sec
35-41.4 as well as all other applicable City Code requirements.
Mr. Dwayne Mueller, spoke on behalf of Magruder Paving. He reiterated that this plant would be
temporary and would operate for less than 100 days. He provided the committee with a copy of
the MoDOT Contract for the project. He also provided the committee with the company’s most
recent DNR compliance letter. He stated they will be using a chemical dust suppressant to help
eliminate dust at the site, and an odor absorber that will help neutralize the smell of the plant. The
applicant indicated they will be using a non-tracking tac so there will not be any asphalt spill over
on the roadway. He indicated that they are more than willing to meet the requirements set forward
by City staff.
Mr. Crabtree asked the applicant where their paving project lines were, they responded by stating
their project begins on Hwy 54 at the Miller County line and proceeds to the Stadium Blvd exit.
Mr. Crabtree asked how far the proposed site is from Hwy 54, the applicant responded by saying
about two miles. Mr. Crabtree asked if they would be using the local quarry near the proposed
site, and they responded by saying yes, they would be using a couple of different local quarries.
Mr. Crabtree asked for the hours of operation. The applicant stated that they are normally on the
site about ten hours a day. He did state that for parts of the project, they would have to be
operating in the evening and night time hours.
Mr. Cartwright asked if the company had looked at any other sites, or why they chose this site.
The applicant stated it was the only one they identified. Ms. Lacy asked the applicant if they
looked for a location outside of the city limits. He stated they looked out in the c ounty, but they
needed to look for a place near the quarries to get the most for the taxpayer’s money.
Mr. Hake asked the applicant if they place an anemometer on site to measure wind speed and
direction. Applicant stated no. He asked what sort of mix they were using on the project. The
applicant replied by saying they will be using a super pave 125 mix on main line and BP mix on
the shoulders. Mr. Hake asked about how many tons per load, and applicant stated it would be
about 16 to 20 ton. Mr. Hake inquired about how long each trip would take. Applicant replied that
there would be about 40 minutes between rotations.
Correspondence received in opposition to this request was received from the following
individuals:
Ron Taube, 925 Sardonyx Drive; Jon and Pattie Alewel, 978 Diamond Ridge; John and Debby
Howland, 2725 Kenwood Drive; Les Fortenberry, 921 Garnet Point; Ron Gresham, 2620
Kenwood Drive; Mike Michelson, 2635 Kenwood Drive; Doyle Sager, 971 Diamond Ridge; Julie
Allen, Diamond Ridge; Kyle, Laura and Jacob Porting, 922 Garnet Point; Cindy and Bill Stephens,
906 Diamond Ridge; Anthony Shanley, Diamond Ridge and Chris and Christy Ebright, 739
Weatherhill Rd.
Minutes/Jefferson City Board of Adjustment Page 3
February 11, 2020
The following individuals spoke in opposition to this request:
Ron Gresham, 2620 Kenwood Drive; John Howland, 2725 Kenwood Drive; Joe Martin, 2715
Kenwood; Deanna Treu 916 Sardonyx; Mike Michelson, 2635 Kenwood Drive; Dave Williams,
991 Diamond Ridge; Julie Allen, 921 Garnet Point; Les Fortenberry, 921 Garnet Point; Ron
Taube, 925 Sardonyx Drive; Theresa Tolksdorf, 849 Weatherhill Rd; Matt Tolksdorf, 849
Weatherhill Rd; Joe Scheppers, 817 Weatherhill Rd; Brenda Scheppers, 817 Weatherhill Rd;
Mark Golden, 912 Sardonyx Dr.; John Treu, 916 Sardonyx; Carrie Tergin, 1003 Emily Ln.;
Anthony Shanley, 926 Diamond Ridge; Cathy Lucia, 2409 Flamingo Rd; Dave Hagan, 931
Diamond Ridge; and Sarah Tannehill, 903 Sardonyx Drive.
Those speaking in opposition to this request expressed the following concerns:
The concern that the work will not be completed in less than 99 days, and that the company
could/would be able to apply again, making it an ongoing use.
The traffic in and out of the construction site and site visibility pulling out of site.
The odor from the site, in spite of the effort to neutralize the air.
The hours of operation, and the noise and lights from operating at night.
Environmental issues, the carcinogens and chemicals in the air, and the smell.
The danger of the left turn out of the site.
The site being used repeatedly as other temporary uses.
The area is not conducive to industrial type business.
The greenway in the area would be impacted, due to people not wanting to be near the site.
Mud and dirt being tracked into the roadway.
Economic impact on surrounding business, due to people not wanting to visit, due to the odor.
Mr. Dwayne Mueller, Magruder Paving, spoke and addressed some of the concerns voiced by
surrounding residents.
Ms. Lacy moved and Ms. Keating seconded to approve the proposed conditional use permit to
permit a temporary asphalt plant, subject to the following conditions being met:
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 applic able 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.
The Chair opened the floor for discussion. Mr. Crabtree stated that he did not feel that the
proposal met the findings for a conditional use permit. After discussion, the motion was defeated 0-
5 with the following roll call vote:
Aye: None.
Nay: Hake, Lacy, Schaefer, Crabtree, and Keating.
7. Miscellaneous Reports
8. Other Business
9. Adjournment
The meeting was adjourned at 9:04 a.m.
Minutes/Jefferson City Board of Adjustment Page 4
February 11, 2020
Respectfully submitted,
Beth Sweeten
Administrative Assistant