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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