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Home My Public Portal About2022-06-14 packetNotice of Meeting & Tentative Agenda loll i X. is Jefferson City Board of Adjustment Tuesday, June 14, 2022, 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 April 12, 2022 5. Communications Received 6. New Business Public Hearings Case No. B22004 — 314 Jackson Street, Conditional Use Permit. Request filed by Vomund Rentals LLC, property owner, on behalf of Amber Miller, applicant, for a Conditional Use Permit for an online retail package liquor and convenience store (delivery only) in a C-1 Neighborhood Commercial Zoning District. The property is located at the northwest corner of the intersection of East McCarty Street and Jackson Street is described as part of Inlots No. 494 and 495, in the City of Jefferson, Missouri. 7. Miscellaneous Reports 8. Other Business 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 April 12, 2022 BOARD MEMBERS PRESENT Andrew Hake, Chairman Jim Crabtree, Vice Chairman Jamie Seaver Brad Schaefer Adam Cartwright, Alternate Roy Michael, Alternate Michael Eichner, Alternate BOARD MEMBERS ABSENT Katy Lacy COUNCIL LIAISON PRESENT Erin Wiseman STAFF PRESENT Sonny Sanders, Director of Planning & Protective Services Eric Barron, Planning Manager Dustin Birch, Associate City Attorney Kourtney Bliss, Planner Beth Sweeten, Administrative Assistant ATTENDANCE RECORD 7 of 7 7of7 4of7 3of7 7 of 7 6of7 1 of 1 4of7 Call to Order and Introduction of Members, Ex-Officio Members and Staff 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: Hake, Schaefer, Crabtree, Seaver and Cartwright. Those wishing to speak to the Board were sworn in. 2. Procedures Explained Chairman Hake explained the procedures of the meeting. Ms. Bliss 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 Mr. Seaver seconded to adopt the agenda as printed. The motion passed 5-0 with the following votes: Aye: Hake, Schaefer, Crabtree, Seaver and Cartwright Nay: None. 4. Approval of Minutes from the Regular Meeting of the February 8, 2022 Meeting Mr. Crabtree moved and Mr. Seaver seconded to approve the minutes as printed. The motion passed 5-0 with the following votes: Aye: Hake, Schaefer, Crabtree, Seaver and Cartwright Nay: None. Communications Received No Communication was received. Minutes/Jefferson City Board of Adjustment Page 2 April 12, 2022 6. New Business — Public Hearing Case No. B22003 — 2436 Missouri Boulevard, Conditional Use Permit. Request filed by Eragon properties LLC., property owner, on behalf of Cross Development, applicant, for a Conditional Use Permit for a motor vehicle body shop in a C-2 General Commercial Zoning District. The property is located at the northwest corner of the intersection of St. Mary's Boulevard and Missouri Boulevard and is described as part of East Half of the Northwest Quarter of Section 11, Township 44 North, Range 12 West, In the City of Jefferson, Missouri (Oxford Architecture, Consultant). Ms. Bliss explained a request was filed for a conditional use permit for an existing building for a vehicle body shop on a 1.85-acre lot located within a C-2 General Commercial zoning district. Vehicle body shops are a conditional use and therefore, not a use by right. She stated within the site plan and application materials are notable details regarding site operations as a vehicle body shop with outdoor storage. Wrecked vehicles will be stored in the rear portion of the site. The wrecked vehicles sit in this rear parking lot until they are brought into the shop for repair. Once fixed -up, the cars are parked in the west lot. Notes on the site plan indicate galvanized (2" mesh) fabric fencing and the fence will be 6' in height. The fencing fabric will have tan privacy slats as specified on supporting documentation such as the site plan. Dumpsters will be enclosed and a fire hydrant may need to be added to the north/rear portion of the site as deemed appropriate by the City of Jefferson Fire Department. Brett Greene, 2934 Sidco Dr., Ste 120, Nashville TX 37204 with Oxford Architecture presented the case. He stated they were hired to create the plans for the company. It will mostly be cosmetic work to the building and adding a privacy fence. Ms. Bliss stated that all required findings have been met. Mr. Crabtree asked if any additional trees would be required in the parking lot. Mr. Barron stated they would review the parking lot to verify that it meets requirement and if anymore are needed to be added. Mr. Crabtree asked how fire would have access to the back -storage area in event of a fire, since it is locked. Mr. Barron stated that it would have to meet all fire code requirements in order to pass inspection. Mr. Seaver asked if there are any code requirements for the gated fence or if staff just requested it. Mr. Barron stated it is just good practice. Mr. Seaver moved and Mr. Crabrtree seconded to approve the requested Conditional Use Permit for a vehicle body shop within a C-2 General Commercial zoning district. The motion passed 5-0 with the following votes: Aye: Hake, Schaefer, Crabtree, Seaver and Cartwright Nay: None. 7. Miscellaneous Reports None 8. Other Business Mr. Hake introduced Michael Eichner as the newest Board member. 9. Adjournment The meeting was adjourned at 8:10 a.m. Respectfully submitted, Beth Sweeten Administrative Assistant Jefferson City Board of Adjustment June 14, 2022 Case No. B22004 Its Just Liquor and Convenience 314 Jackson Street Conditional Use Permit. STAFF REPORT BOARD OF ADJUSTMENT — CITY OF JEFFERSON, MISSOURI June 14, 2022 Case No. B22004 — 314 Jackson Street, Conditional Use Permit. Request filed by Vomund Rentals LLC, property owner, on behalf of Amber Miller, applicant, for a Conditional Use Permit for an online retail package liquor and convenience store (delivery only) in a C-1 Neighborhood Commercial Zoning District. The property is located at the northwest corner of the intersection of East McCarty Street and Jackson Street is described as part of Inlots No. 494 and 495, in the City of Jefferson, Missouri. 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 A request was filed for a conditional use permit for the operation of an online retail package liquor and convenience store (delivery only) within a C-1 Neighborhood Commercial zoning district. Per Section 35-28 of the Zoning Code for the City of Jefferson, retail package liquor stores (as defined within Section 35-92) are a conditional use within the C-1, Neighborhood Commercial zoning district. Requests for conditional use permits must comply with specifications detailed within in Section 35-73. The Board of Adjustment is tasked with reviewing such permit applications. Section 35-92 defines Retail Package Liquor Stores as, "An establishment deriving over 50% of gross revenue from the sale of alcoholic beverages for consumption off -premises." Zoning and Surrounding Land Us The subject property is zoned C-1 Neighborhood Commercial Surrounding Zoning Surrounding Uses North C-1, MU-1, & NC Commercial, Financial, Religious South C-1 & RA-2 Residential, Office East C-1 & C-2 Commercial/Retail West C-1 & C-3 Civic & Commercial/Retail STAFF ANALYSIS NOTABLE SITE CONFIGURATION / IMPACT MITIGATION According to intentions for the site as submitted by the applicant, no major changes to the following property characteristics are proposed or anticipated at this time: current structure, landscaping, lighting, current site parking layout, signage, traffic volume. Storage and Movement of Stored Items: Products are reported to be stored only indoors. Applicant has indicated that goods will be sold on an online platform and delivered to the customer/off-site. Utilities: The site and its corresponding use appear to be appropriately served by utilities. FINDINGS REQUIRED The applicant has provided responses to the required findings. FindinEs for Conditional Use Permit The following findings are associated with conditional use permits. (Section 35-73.A.4) Finding I Comments The proposed use is consistent with the goals, objectives, and policies of the Comprehensive Plan. The proposed use complies with all applicable provisions of the zoning district regulations and conforms to the general intent and purpose of the Zoning Ordinance The proposed use complies with all fire, health, building, plumbing, electrical and storm water drainage regulations of the City and regulations of County, state and federal agencies. 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. 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. The proposed use does not generate pedestrian and vehicular traffic which will be hazardous to the existing and anticipated traffic in the neighborhood. Adequate utilities exist to serve the proposed conditional use. The recently adopted Comprehensive Plan identifies this area as Center Mixed Use. The proposed use, by its site layout/design and functions, appears to be congruent with goals, objectives, and policies specified. The proposed use as an online retail store appears to meet requirements such as appropriate storage of retail and parking and conforms with the districts intent to include indoor retail/commercial services. All applicable City, County, State, and Federal regulations appear to be met. This proposed use is subject to building, fire, and any other applicable codes. Based upon the online sale and off -site delivery aspect of the business plan, the proposed use appears to be similar to other retail uses permitted in the C-1 zoning district. The business plan for indoor storage only as well as only online/off-site sale and distribution appears to impose minimal impacts to the surrounding area's character and integrity. The applicant has suggested that the structure which would house the business will remain the same in its existing exterior appearance. The proposed use would be online sales only. No customers would drive, walk, or otherwise be on the site to buy and consume products. Traffic generated from employees and product distributors. A gravity main line runs north of the property along E. Wall Way and another main line runs south of the building along E. McCarty Street. A fire hydrant is present at the corner of E. McCarty Street and Jackson Street. STAFF RECOMMENDATION The proposed use involves indoor storage only, customer contact conducted virtually and/or off -site only, and no significant changes to the structure's exterior. Factors such as these limit anticipated negative impacts of the desired land use upon surrounding properties and neighborhood. The request must comply with all applicable requirements, including those in the Zoning Code. FORM OF MOTION Motion to approve requested Conditional Use Permit for an online retail package liquor and convenience store (delivery only) in a C-1 Neighborhood Commercial Zoning District with the following condition: 1. Online sale and delivery only; no walk-in customers or sales permitted. City of Jefferson Board of Adjustment LOCATION MAP Case No. B22004 314 Jackson Street Conditional Use Permit 0 30 60 120 Feet N W r E S C KY of Jefferson Manning and z one ng CoMMf ssdoon VICIMTi Y q!c F,y �qy x0 ysT 5� C-1 sT QG QP F �5 sr y�ysysOsa P�� y�'LO 0 75 150 300 Feet N Case No. B22004 314 Jackson Street W E Conditional Use Permit S City of Jefferson Department of Planning & Protective Services 320 E. McCarty Street Jefferson City, MO 65101 Phone: 573-634-6410 Lcplanning Neffcitvmo org www.jeffersoncitymo.gov rELEI EV p lily 7 n Inns 1 .._••• c. V GVLG Project Information (Please use additional sheets if necessary) Name of Project Its Just Liquor & Convenience - Location /Address 314 Jackson St, Jefferson City Mo 65101 Submitted by Amber Miller Applications Submitted ❑P&Z: ❑Zoning Amend ❑Comp Plan Amend ❑Special Exception (Check box) ❑PUD ❑Sub. Plat ❑Annexation ❑ BOA: CUP []Variance []Appeal nsultants) (List lead consultant and all others who are responsible for major project elements) ltant Name Firm Name F Telephone Number Fax No. E-Mail Consultant Name Firm Name Address Telephone Number Fax No. E-Mail Consultant Name Firm Name Address Telephone Number Fax No. E-Mail Property Owners/Applicants (List owner; Mark "X" next to the name of the primary contact) Owner Name O Vtii v.,t ct V wi U� Address Telephone No. f 7 3 �G( _ (i 1 l 7 Fax No. E-Mail VC) Yin U/%dei'h a;t- -JApplicant Name Amber Miller Address 806 Clark Ave Jefferson City Mo 65101 Telephone No. 573-298-0498 Fax No. E-Mail Babyjerrix089gmail.com 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 Date filed: of Planning & Protective Services 320 E. McCarty Street Jefferson City, MO 65101 Phone: 573-634-6410 JCPlannin9A2 of citvmO orq www.jeffersoncitymo.gov 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 31, Article 111, Floodplain Management; Variance to Flood Hazard Regulations ❑ Other (including Interpretations; please describe in #2 below) 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). Virtual package liquor and convenience store for delivery. 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: 314 Jackson St Jefferson City Mo 65101 B. Property Description: 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 g. Conditional use permit —Addendum G h. Telecommunication facility conditional use permit —Addendum H i. Signage: 1. Signage variance — Addendum 1 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). Property Owner Signature Printed Name/Title (ty e or print) Property Owner Signature Printed Name/Title (type or print) Subscribed and sworn before me this r r day of UNOSEY JENAY WEAVER 7 - NOTARY PUBLIC • NOTARY SEALSTATE OF MI I / MYCOMMiSSIONEXPIRES UGUST30,2p24 BOONECOUNTY tary Public COMMISSION F 77843 Applicant (if different from orooerty nwnPrl- Name .I V Mailing Address (�� - " Phone Number 5 - - G 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. 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 314 Jackson St Jefferson City Mo 65101 Applicant Name Amber Miller 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? Yes, As building is a commercial property. This building is being used for commercial usage. 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? Yes, As building is a commercial property. This building is being used for commercial usage. This is a virtual store intend to be invisible. Delivery only. 3. Does the proposed use comply with all applicable fire, health, building, plumbing, electrical and stormwater drainage regulations? Yes, As building is a commercial property. Comply with all applicable regulations and building codes. 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? Yes, as building is a commercial property. Being used as a virtual store for delivery only intend to be invisible to the public. 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? Being used as a virtual store for delivery only intend to be invisible to the public. 6. Does the proposed use generate pedestrian and/or vehicular traffic which will be hazardous to the existing and anticipated traffic in the neighborhood? No only employee and vendors only. 7. Do adequate utilities exist to serve the proposed conditional use? Yes. City of Jefferson Department of Planning & Protective Services 320 E. McCarty St. Jefferson City, MO 65101 June 01, 2022 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, June 14, 2022, in the Council Chambers of the John G. Christy Municipal Building, 320 E. McCarty Street, to consider the following item of business. This meeting will be an in -person meeting. Case No. B22004 —314 Jackson Street, Conditional Use Permit. Request filed by Vomund Rentals LLC, property owner, on behalf of Amber Miller, applicant, for a Conditional Use Permit for an online retail package liquor and convenience store (delivery only) in a C-1 Neighborhood Commercial Zoning District. The property is located at the northwest corner of the intersection of East McCarty Street and Jackson Street is described as part of Inlots No. 494 and 495, in the City of Jefferson, Missouri. 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, June 13 2022 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.oeffersoncitymo.gov/government/pIanning/board of adiustment.php If you have any questions concerning this matter, please feel free to contact me at 573-634-6573. Best Regards, Kortney Bliss Planner I 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. Case B22004 314 Jackson Street Conditional Use Permit 185 ft. Notification Buffer N W ® E S 0 45 90 180 270 360 Feet Jefferson City Board of Adjustment Property Owner List Case B22004 314 Jackson Street AMICK, DALE A& JOYCE E HOWLAND PROPERTIES L L C 3714 RT E 1956 S HWY UU JEFFERSON CITY, MO 65101 COLUMBIA, MO 65203 BAUER K C PROPERTIES L L C KRONK, MARCELLOUS 205 E FRANKLIN ST # A 1004 S BUSINESS 54 JEFFERSON CITY, MO 65101-2724 FULTON, MO 65251 CAPITAL AREA INVESTMENTS L L C LAPOINTE, NEAL G & DAYNA D PO BOX 6712 TRUSTEES JEFFERSON CITY, MO 65102 6001 [VIE LN JEFFERSON CITY, MO 65109-5766 CITY OF JEFFERSON CITY COUNSELORS OFFICE 320 E MISSOURI BAPTIST CONVENTION MCCARTY ST EXECUTIVE BOARD JEFFERSON CITY, MO 65101 400 E HIGH ST JEFFERSON CITY, MO 65101 CITY OF JEFFERSON 320 E MCCARTY ST MISSOURI LIMESTONE PRODUCERS JEFFERSON CITY, MO 65101 ASSN PO BOX 1725 CHRISTENSEN PROPERTIES L L C % THE JEFFERSON CITY, MO 65102-1725 LAW OFFICE OF RICHELLE CHRISTENSEN PO BOX 1711 NEW STANDARD PROPERTIES L L C LAKE OZARK, MO 65049 ATTN:DAVID J DRANE/DANIEL M BURKS 1200 1-70 DR SW DAGGAR GROUP L L C COLUMBIA, MO 65203 5001 SUNRISE DR JEFFERSON CITY, MO 65101 PALEX INVESTMENTS L L C 2018 LONDON WAY DEJA ENTERPRISES L L C JEFFERSON CITY, MO 65109 1109 PAMELA DR JEFFERSON CITY, MO 65109 ROEDEL, JO GAYLE & KARL 145 FOREST HILL AVE DUPUIS, PIERRE JEFFERSON CITY, MO 65109 416 E HIGH ST JEFFERSON CITY, MO 65101 SALMONS, LANCE 352 AMY CT HARMON, RUFUS R & SALLY B JEFFERSON CITY, MO 65101 PO BOX 866 JEFFERSON CITY, MO 65102 710 LAFAYETTE ST JEFFERSON CITY, MO 65101 HIGGINS, RICKY L & LORI J 5216 ELSTON RD SMITH, GAYLAND L & KAREN C JEFFERSON CITY, MO 65109 THYME RENTAL L L C 1710 WILMOR DR HOCKER OIL COMPANY INC JEFFERSON CITY, MO 65101 PO BOX 750 SALEM, MO 65560 6/07/2022 T D- SIMONSEN L L C 150 CARONDELET PLAZA #402 ST LOUIS, MO 63105 VOMUND RENTALS L L C 5000 WOOD SHIRE DR COLUMBIA, MO 65202 WILLIAMS, JILL N 306 JACKSON ST JEFFERSON CITY, MO 65101