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Home My Public Portal About2023-07-11 packetNotice of Meeting & Tentative Agenda tea. ion Jefferson City Board of Adjustment Tuesday, July 11, 2023, 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 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 May 16, 2023 5. Communications Received 6. New Business - Public Hearings Case No. B23003 — 418 West Elm Street, Signage Variance. Request filed by Steve Albert, property owner, on behalf of Rafael Ayala, applicant, for a variance to Chapter 3 of the City Code Section 3-2 F.12, (roof signs are prohibited when signs are not contained within the building's silhouette) to permit roof two mounted signs to serve a new business in the existing building situated on the property. The property is located on the northeast corner of the intersection of Walnut Street and West Elm Street and is described as Inlots Number 676 and 677 in the City of Jefferson, County of Cole, Missouri. Case No. B23004 — 912 West McCarty Street, Conditional Use Permit and Bufferyard Variance. Request filed by Kaiser Electric of Central MO, applicant, for a Conditional Use Permit to operate a contractor/trade shop with indoor operations and outdoor storage in the C-2 General Commercial zoning district and a variance from the specific use standards which require a Type B Bufferyard surrounding the outdoor storage yard. The property is located 140 feet east of the intersection of Brooks Street and West McCarty Street and is described as Part of Lot Nos. 9-14 in Block No. 9 of Lower Jefferson Addition, in the City of Jefferson, County of Cole, Missouri. 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 May 16, 2023 BOARD MEMBERS PRESENT Andrew Hake, Chairman Jim Crabtree, Vice Chairman Katy Lacy Adam Cartwright, Alternate Roy Michael, Alternate Michael Eichner, Alternate BOARD MEMBERS ABSENT Brad Schaefer Jay Seaver COUNCIL LIAISON PRESENT Erin Wiseman STAFF PRESENT Clint Smith, Director of Planning & Protective Services Eric Barron, Planning Manager Dustin Birch, Associate City Attorney Kortney Bliss, Planner Lisa Dittmer, Administrative Assistant ATTENDANCE RECORD 2 of 2 1 of 2 2of2 1 of 2 2 of 2 2of2 1 of 2 0 of 2 Guests: Paul Samson and Cody Darr with Central Missouri Professional Services. 1. 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, Lacy, Crabtree, Cartwright, and Michael. 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 Ms. Lacy seconded to adopt the agenda as printed. The motion passed 5-0 with the following votes: Aye: Hake, Lacy, Crabtree, Cartwright, and Michael. Nay: None. 4. Approval of Minutes from the Regular Meeting of the March 14, 2023 Meeting Ms. Lacy moved and Mr. Crabtree seconded to approve the minutes as printed. The motion passed 5-0 with the following votes: Aye: Hake, Lacy, Crabtree, Cartwright, and Michael. Nay: None. Minutes/Jefferson City Board of Adjustment May 16, 2023 5. Communications Received No communications were received. Page 2 New Business — Public Hearings Case No. B23002 -1850 Route C, Signage Variance. Request filed by JC Route C Partners, LLC, property owner, for a variance to Chapter 3 of the City Code Section 3-5A.2.a, (maximum number of freestanding signs permitted per a property's frontage along a street or highway) to permit an additional freestanding sign for a new and separate business which would be housed in a new building situated on the property. The property is located on the north side of Route C 700 feet west of the intersection of Route C and Southwest Boulevard and is described as Part of Northwest Quarter of the Northwest Quarter of Section 24, Township 44 North, Range 12 West, in the City of Jefferson, Cole County, Missouri. (Central Missouri Professional Services, Consultant). Ms. Bliss described the location, zoning, and surrounding properties. The request is for a variance to permit an additional freestanding sign for a new business which would be housed in a new building on the property. Cody Darr with Central Missouri Professional Services presented the case. The owners of the lot plan to construct a new 10,000 square foot building on the lot and lease it to Dollar Tree. There is currently one existing sign for the existing building. The new proposed sign would be 55 square feet and 20'6" tall. The sign would be double sided and have internal LED illumination. The sign will not be on MoDOT ROW. Mr. Barron discussed the history of the property and previous changes to City Code regarding the number of freestanding signs allowed per property. Mr. Barron gave a brief account of options that were discussed prior to the application being submitted. Other options discussed were dividing the property to allow for an additional freestanding sign or working with the existing signage regulations, combining signage in some way. The property owner felt combining signage would be problematic to represent both buildings and the need to move the existing sign to a better location. No one else spoke regarding the request; the Chair closed the public hearing Ms. Bliss described that information about the required findings is contained within the application forms and within the staff report and described the recommended form of motion. Mr. Crabtree moved and Mr. Michael seconded a motion to approve a signage variance which would allow one freestanding sign permitted for the property's frontage, and in addition, add one additional sign to go from one permitted to two for a new and separate business. The motion passed 4-1 with the following votes: Aye: Hake, Lacy, Cartwright, and Michael. Nay: Crabtree. 7. Miscellaneous Reports None 8. Other Business Ms. Wiseman thanked the members for serving on the board and allowing her to be the council liaison. Mr. Birch advised this will be his last meeting with the city, Mr. Hake thanked Mr. Birch for his service. 9. Adjournment The meeting was adjourned at 8:03 a.m. Respectfully submitted, Lisa Dittmer, Administrative Assistant Jefferson C�'ty Board of Adjustment JOy 11, 2023 Case No. B23003 Rafael Ayala, El Espolon 418 West E I m Street Signage Variance Roof Mounted Signs City of Jefferson Board of Adjustment VICINITY 0 Case No. B23003 0 80 160 320 Feet N 418 West Elm Street Signage Variance W ; g Roof Mounted Signs S ::ase No. B23003 $18 West Elm Street 3ignage Variance Roof Mounted Signs Uty of Jefferson Board of Adjustment 0 35 70 140 Feet N W r E S STAFF REPORT BOARD OF ADJUSTMENT — CITY OF JEFFERSON, MISSOURI July 11, 2022 Case No. B23003 — 418 West Elm Street, Signage Variance. Request filed by Steve Albert, property owner, on behalf of Rafael Ayala, applicant, for a variance to Chapter 3 of the City Code Section 3-2 F.12, (roof signs are prohibited when signs are not contained within the building's silhouette) to permit two roof mounted signs to serve a new business in the existing building situated on the property. The property is located on the northeast corner of the intersection of Walnut Street and West Elm Street and is described as Inlots Number 676 and 677 in the City of Jefferson, County of Cole, Missouri. PUBLIC NOTICE Public notice was given by publication in the newspaper, by letter to all adjacent and affected property owners located within 185 feet of the subject property, and by property sign posting; each of these means adequately distributed in advance of the meeting. NATURE OF REQUEST A signage variance has been requested to permit roof mounted signs to serve a business (restaurant) housed within an existing building on the property. The signs are both 126 square feet in total sign face area (18' x 7'). One sign facing southward is visible from West Elm Street while the north facing sign is visible from Schroeder Way, West Miller Street, and Highway 50/63. Sign visuals provided by the applicant indicate that the signs comprise of channel letters mounted to raceway. Both signs extend beyond the buildings silhouette. The City of Jefferson Code prohibits roof signs that are not contained within the silhouette of the building. Unless a variance is granted, the signs cannot remain in their current state. REVIEW AND APPROVAL PROCESS In accordance with the City Code, signage variance requests are reviewed by the Board of Adjustment. The Board of Adjustment is tasked with coming to a decision. ZONING AND SURROUNDING LAND USE Current Zoning: C-2 General Commercial Current Use: Commercial Future Use: Commercial Surrounding Zoning Surrounding Uses North C-2, PUD Office, Commercial, Highway 50/63 South C-2 Distributor East C-2, RA-2 Wholesale, Office, Service Garage, Single Family West C-2 Utility, Parking, Vacant Commercial, Restaurant BACKGROUND INFORMATION Chapter 3 of the City Code for the City of Jefferson contains provisions for signage. This chapter defines roof signs as, "Any sign erected, constructed, or maintained upon or extending above the roof of any building". Additionally, the chapter also specifies that roof signs which are not contained within the silhouette of the building are prohibited. Currently, a restaurant located in a C-2 General Commercial zoning district resides in an existing structure on the subject property. A mix of commercial uses exist in this area including a beverage distributor, restaurant, general retail, and office space. The subject property is not directly adjacent to but is near Highway 50/63. Roof mounted signs are an option requested by the applicant as a way to increase business traffic presence and visibility FINDINGS REQUIRED In accordance with Section 3-11 of the City Code, variances to signage requirements require certain findings to be reviewed by the Board of Adjustment. The chart below lists the general as well as specific required findings for signage variances. Within the case packet, the applicant has provided responses to described required findings. 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 Comments Not eliminate an adequate supply of light The signs' structures are contained above the roof of or air to adjacent property nor endanger the the structure. Sign inspection and obtainment of a safety of the public. sign permit in accordance with City Code standards would be a requirement for the signs. Not be unduly injurious to the use and Contained within the area is a mix of commercial enjoyment of adjacent property nor would uses. The signs are intended to serve commercial it substantially diminish property values in purposes such as traffic/customer attention and the neighborhood. obtainment — wayfinding and draw in customers. Not permit obtrusive or incompatible signs The signs are designed to serve a restaurant in a to injure the character of the neighborhood. commercial district. The applicant has suggested that the roof mounted signs are intended to serve commercial purposes. Not obstruct significant views and vistas. As shown in the supplied visuals, the signs' faces are 18' long by 7' tall (with mounting they are 10' tall). The two signs are located in two separate locations on the roof. Not obstruct vision where such obstruction The signs are contained within property lines. Also, could create a traffic hazard. the signs project upward from the roof and consist of channel letters mounted on raceway. Be in keeping with the general spirit and The roof mounted signs meet all other requirements intent of Chapter 3 Advertising and Signs. for commercial signs. Topography or existing buildings interfere Existing buildings in the area interfere with certain with usual visibility. visibility points. In particular, existing buildings limit the business's options for visibility from a major roadway/traffic carrier. STAFF ANALYSIS Serving a restaurant in a commercial area, the roof mounted signs project upward from the roof; extending past the building's silhouette. Having roof mounted signs such as the ones the applicant wishes to have is an option to potentially increase the business's visibility for wayfinding and customer draw. The signs' faces are 126 square feet and comprise of channel letters mounted to raceway. Further, the signs are subject to all applicable Code requirements, including those outlined in Chapter 3 and Chapter 35. FORM OF MOTION Motion to approve a signage variance from the type of roof signs prohibited to permit two roof mounted signs as illustrated by the applicant. City of Jefferson Date filed: Department of Planning & Protective Services 320 E. McCarty Street Jefferson City, MO 65101 Phone: 573-634-6410 JCPlanning(Welfersoncitymo.gov www.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) 0✓ 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) 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). Variance from prohibition on roof mounted signs. 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: 418 W. Elm Street B. Property Description: See attached 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. 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). Steve Albert / Commercial Building Supply Real Estate LLC operty Owner Sig a ur Printed Name/Title (type or print) Property Owner Signature Notary Public - Notary Seal STATE OF MISSOURI Cole County My Commission Expires: Sept. 25, 2025 Commission #17023408 Printed Name/Title (type or print) _day of Jv�e `U23 Notary Public Applicant if different from prop rty owner Name )y( Mailing Address / cJy bti 2 (,Oi a U Phone Number 5 �3- 35 - d 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 I — Signage Variance To be used for variance requests dealing with signage. (Section 3-12.B.3.b and d) Property Address418 W. Elm Street Applicant Name 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 or endanger the safety of the public? The Signs were installed within the property space, there is no other property adjacent to this building, sign 1 was installed 68' from the street, sign 2 was installed 76' from the street, specifically these streets have a very local traffic, that is, they are a street with very little traffic of people, we have attached photos for your best interpretation of the area in which the buidling is located as well as the installation of the signs. The installed signs do not block light, air, water or any type of public service, in addition they do not block the vision of traffic. They do not endanger the 2. Would the proposed variance be unduly injurious to the use and enjoyment of adjacent property or substantially diminish property values in the neighborhood? The signs installed definitely do not harm any other adjoining buildings, the property is located at the end of the street within an industrial zone, surrounded to the north and west by trees that block the visibility of the builidng and the signs almost entirely. The east face is slightly tilted and that's the face you can see from Highway 63, if you're looking at it from the right angle. Regarding the value of the property, it does not affect the value of the other properties at all, since it is not located in a residential area. 3. Would the proposed variance permit obtrusive or incompatible signs to injure the character of the neighborhood. In the least, the location of the building is at the end of the street and very lonely, as shown in the image that we attach to this application. Regarding the compatibility or incompatibility of the sign, there is no restriction on the part of the owner since it was approved before the installation, since with the previous analysis we could observe that the signs do not disturb the traffic, and cannot harm the urban image from the area. 4. Would the proposed variance obstruct significant views or vistas? The signs do not affect the visibility of people driving or walking, day or night. The signs are installed very far from Hwy 63 and very far from the streets that surround the building, in addition to being a very local traffic area. Jefferson City Board of Adjustment Application Addendum I — Signage Variance Page 2 5. Would the proposed variance obstruct vision where such obstruction could create a traffic hazard? Not in any way the sign, or the position, or the type of installation could harm or obstruct the free movement of cars or people, as well as endanger them. 6. Would the proposed variance be in keeping with the general spirt and intent of the Advertising and Sign Code? Channel letter signs are a very popular type of signs, in that we are sure that we do not break any manufacturing code and we use only certified materials that are special for this type of letters. The idea of installing these signs was born from the need to be able to attract the attention of people who traffic in the area, putting people's safety first before teh desire for publicity. The building physically has very little area from the installation of the sign, the wall that could be used for the installation of the sign is very small and could not really help advertising since the building is very far from the street with major traffic. Specific Findings: 1. Does topography or existing buildings interfere with usual visibility? The building is located far from the major streets and other buildings interfere with visibility. m M � L' co N O 0 o E o o o E >; a) o o s= O 4-1 N � �# O p L� N O U 4-=�� r t U �� r t C cn w cn 0 L II +M >, U s p cn O p U O c6 U .= N O p N U O c6 r > U- X p L U N c> O Co U .� IN��cut w �ImCa �� mCO m U�� UJ','',Y°c °nCD �5 E'°J ° C/) n E�na cu ui i) „i .\ •fib'-_:. ai .. �ci •:� c��1 `l,` t ' T'CtDi i. ♦�ar �" r� 'j� �htilt i t 1 1 r g d 1 s• � -- L"'ts I r aa��' i , t. a� �Y s ��' •�'_ �', , Vim' JAX ZJr Yi1~� s Cb . • j s" a w;.. City of Jefferson Department of Planning & Protective Services 320 E. McCarty Street Jefferson City, MO 65101 June 23, 2023 Dear Property Owner: Ron Fitzwater, Mayor Clint Smith, AICP, Director Phone: 573-634-6410 Fax: 573-634-6457 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, July 11, 2023, 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. B23003 — 418 West Elm Street, Signage Variance. Request filed by Steve Albert, property owner, on behalf of Rafael Ayala, applicant, for a variance to Chapter 3 of the City Code Section 3-2 F.12, (roof signs are prohibited when signs are not contained within the building's silhouette) to permit two roof mounted signs to serve a new business in the existing building situated on the property. The property is located on the northeast corner of the intersection of Walnut Street and West Elm Street and is described as Inlots Number 676 and 677 in the City of Jefferson, County of Cole, Missouri. As a nearby 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@jeffersoncitymo.gov 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, July 10, 2023 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.gov/government/planning/board of adiustment.php If you have any questions concerning this matter, please contact the Planning and Zoning Division by phone at 573-634-6410. Bet Regards, Kort 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. B23003 S 418 West Elm Street 0 50 100 200 300 400 Signage Variance Feet Roof Mounted Signs 185 ft. Notification Buffer Jefferson City Board of Adjustment Property Owner List Case B23003 418 West Elm Street 06/27/2023 BELLA CAPELLI SALON & SPA L L C LAUBERT, CHARLIE & STACY 114 W CIRCLE DR 501 MISSOURI BLVD JEFFERSON CITY, MO 65109 JEFFERSON CITY, MO 65101 502 MULBERRY ST MO 65101 501 MISSOURI BLVD MO 65101 BERNSKOETTER PROPERTIES L L C 429 W MILLER ST JEFFERSON CITY, MO 65101 419 W MILLER ST MO 65101 BROWN, MARTHA JANE ALLEN 620 W HALSEY ST APT 3 MARYVILLE, MO 64468-2100 431 W MILLER ST MO 65101 COMMERCIAL BUILDING SUPPLY REAL ESTATE L L C 419 VIRGINIA TRL JEFFERSON CITY, MO 65109 410 W ELM ST MO 65101 COMMERCIAL BUILDING SUPPLY REAL ESTATE L L C 419 VIRGINIA TRL JEFFERSON CITY, MO 65109 418 W ELM ST MO 65101 F& F DEVELOPMENT L L C 221 BOLIVAR ST JEFFERSON CITY, MO 65101 517 MISSOURI BLVD MO 65101 FECHTEL FAMILY L P PO BOX 104235 JEFFERSON CITY, MO 65110 405 W ELM ST MO 65101 GOOSE EGG L L C PO BOX 104235 JEFFERSON CITY, MO 65110 508 MULBERRY ST MO 65101 MCKNIGHT HOLDINGS L L C 1909 N PROVIDENCE COLUMBIA, MO 65203 WALNUT ST MO 65101 MO HWY & TRANSPORTATION COMM % GEORGE J ELLIS PO BOX 718 JEFFERSON CITY, MO 65102 WALNUT ST MO 65101 PARDALOS PROPERTIES L L C 5424 RED TAIL CT LOHMAN, MO 65053 409 W MILLER ST MO 65101 SCHERR, MARTY JEAN 4609 KINGSBURY ROW JEFFERSON CITY, MO 65109 500 MULBERRY ST MO 65101 TRABUE, DONALD L TRUSTEE 4710 DENESE DR JEFFERSON CITY, MO 65109 421 W MILLER ST MO 65101 UNION ELECTRIC CO PROPERTY TAX DEPT PO BOX 66149 MAIL CODE 212 ST LOUIS, MO 63166-6149 WALNUT ST MO 65101 Jefferson C'�ty Board of Adjustment Jdy 11, 2023 Case No. B23004 Kaiser Electric of Central MO 912 West McCarty Street Conditional Use Permit and Bufferyard Variance Contractor/Trade Shop with Outdoor Storage City of Jefferson Board of Adjustment VICINITY tis'T m 6 l ell `� INDUSTRIAL -DR \NO �O� C� N G `ST Cl) �q�! 52 7698 v 13-7778 0 Egg HWy_50 I o Hvr(.55/ co18,g03p3q 8 Case No. B23004 0 70 140 280 Feet N 912 West McCarty Street Conditional Use Permit and Bufferyard Variance W r E Contractor/Trade Shop with Outdoor Storage S City of Jefferson Board of Adjustment LOCATION MAP Case No. B23004 912 West McCarty Street Conditional Use Permit and Bufferyard Variance Contractor/Trade Shop with Outdoor Storage 0 35 70 140 Feet N W + E S STAFF REPORT BOARD OF ADJUSTMENT — CITY OF JEFFERSON, MISSOURI July 11, 2023 Case No. B23004 — 912 West McCarty Street, Conditional Use Permit and Bufferyard Variance. Request filed by Kaiser Electric of Central MO, applicant, for a Conditional Use Permit to operate a contractor/trade shop with indoor operations and outdoor storage in the C-2 General Commercial zoning district and a variance from the specific use standards which require a Type B Bufferyard surrounding the outdoor storage yard. The property is located 140 feet east of the intersection of Brooks Street and West McCarty Street and is described as Part of Lot Nos. 9-14 in Block No. 9 of Lower Jefferson Addition, in the City of Jefferson, County of Cole, 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 Situated at 912 West McCarty Street is a contractor/trade shop with outdoor storage. The applicant is looking to expand the shop westward onto two adjacent properties: 918 & 920 West McCarty Street. In accordance with the land use matrix in the Zoning Code (Section 35-28), contractor/trade shops with outdoor storage are a conditional use in the C-2 General Commercial zoning district. Although the shop already exists within the C-2 zoning district, expansion of the use necessitates obtainment of a Conditional Use Permit. In addition to expansion of the use requiring a Conditional Use Permit, the use also requires a Type B bufferyard around the outdoor storage space. Such bufferyard allows for a few different options including tree plantings, natural buffer area, and open space buffer area with width minimums ranging from at least 10 feet to over 35 feet, depending on the Type B bufferyard option chosen. The applicant desires to plant shrubs and bushes as a more viable option (as opposed to trees) around the perimeter of the new outdoor storage area. No plantings are proposed along the existing fenced area. The applicant has indicated in their application materials that they have had conversations with the adjacent property owners regarding the selection of shrub and bush plantings over tree plantings. These plantings deviate from the Type B bufferyard choices and requires a bufferyard variance to permit the chosen planting types. REVIEW AND APPROVAL PROCESS In accordance with the City Code, Conditional Use Permits and Type B bufferyard variance requests are reviewed by the Board of Adjustment. The Board of Adjustment is tasked with coming to a decision for both matters. ZONING AND SURROUNDING LAND USE Current Zoning: C-2 General Commercial Current Use: Contractor/Trade Shop with Outdoor Storage Future Use: Expanded Contractor/Trade Shop with Outdoor Storage Surrounding Zoning Surrounding Uses North RA-2 Multi Family, Single Family, Utility South M-2 Single Family, Retail, Wholesale Distribution East C-2, RA-2 Highway 54, Multi Family, Commercial West C-2, RA-2, RD Vacant Land, Single Family, Multi Family BACKGROUND INFORMATION Recently, the single family homes located on the parcels addressed as 918 and 920 West McCarty Street were demolished. These parcels are long, narrow strips running parallel to one another. Adjacent west of 920 West McCarty are two existing single family homes (addressed as 922 West McCarty Street and 313 Brooks Street). As illustrated in the site plan provided by the applicant, the applicant wishes to expand the contractor/trade shop by placing a gravel lot for outdoor storage and overflow parking in the two subject parcels, 918 and 920 West McCarty Street. The plan also shows proposed plantings placement. Additionally, the site plan shows a proposed chain link fence with privacy screening placed on the two subject parcels. All plantings and fencing are subject to the requirements specified in the City Code. FINDINGS REQUIRED In accordance with Article VII of the City Code, Conditional Use Permits and general variances require certain findings to be reviewed by the Board of Adjustment. The charts below list the general as well as specific required findings for Conditional Use Permits and general variances. Within the case packet, the applicant has provided responses to described required findings. 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? Findings for General Variances Findings for General Variances Comments Not eliminate an adequate supply of light or air to The proposed change upon the two subject adjacent property, substantially increase congestion parcels is a gravel lot as well as shrub and in the public street, increase the danger of fire, or bush plantings. endanger the safety of the public. Not be unduly injurious to the use and enjoyment of The proposed gravel lot would serve the adjacent property nor would it substantially existing contractor/trade shop to provide diminish property values in the neighborhood; space for outdoor storage and overflow parking. The proposed chain link fence with privacy screening coupled with the shrub and bush plantings would act as the screening/ bufferyard around the new outdoor storage area. Be in keeping with the general spirit and intent of The parking lot, fencing, and plantings this chapter. should in nature and performance meet applicable standards and objectives of the Zoning Code, be compatible with the Comprehensive Plan, and support a use which is common for typical highway commercial activities. Findings for Conditional Use Permits Findings for Conditional Use Permit I Comments The proposed use is consistent with the goals, The Comprehensive Plan identifies this area objectives, and policies of the Comprehensive Plan. as Commercial. The contractor/trade shop aligns with the Comprehensive Plan through its commercial nature/functions. 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. Use of the subject parcels for parking and outdoor storage is an appropriate land use of the C-2 zoning district. All applicable City, County, State, and Federal regulations appear to be met. Further demonstration of compliance with requirements should be conducted through site plan reviews, inspections, permitting, and land uses' operations. The extent of impact to the subject site and potentially to the surrounding area are the factors resulting from placement of a gravel lot and perimeter fencing as well as shrub and bush plantings. The contractor/trade shop is similar to other commercial activity in the area and those uses typically associated with the C-2 General Commercial zoning district. The proposed gravel lot, fencing, and plantings would serve the existing contractor/ trade shop with outdoor storage located at 912 West McCarty (adjacent east to the subject parcels). Based on the site plan provided, access to the gravel lot would be from the existing storai4e/Darkina area. Adequate utilities exist to serve the proposed The site has access to necessary utilities. conditional use. STAFF ANALYSIS The proposed conditional use appears appropriate for the area and aligns with the Future Land Use Map of the Comprehensive Plan. The development is subject to all applicable requirements of the City Code for the City of Jefferson. Demonstration of compliance with different requirements of the City Code will be addressed during the site plan review process and compliance must be met in all site operations. FORM OF MOTION 1. Motion to approve requested Conditional Use Permit to permit a Contractor/Trade Shop with Outdoor Storage in a C-2 General Commercial zoning district. 2. Motion to approve requested Type B bufferyard variance. City of Jefferson Date filed: Department of Planning & Protective Services 320 E. McCarty Street Jefferson City, MO 65101 Phone: 573-634-6410 JCPlanning(cDieffersoncit vmo.go v www.jeffersoncitymo.gov PROTEC �RVICES 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 31, Article III, Floodplain Management; Variance to Flood Hazard Regulations 1-1 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). 1�77 9o^-s GA_'� C1 4-4 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: 9w t,D- VMr44;-!:!� 4�-. CA B. Property Description: t�IPt�111 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 X f. General Variance (variances not associated with other addendums) — Addendum F IC 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 MR 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 (type or print) Property Owner Signature Subscribed KIMBERLY J ZUPANCIC Notary Public, Notary Seal State of Missouri Miller County Commission #/9214536 My Commission Expires 09-23-2023 Applicant if different from prop rty owner): Name Mailing Address Phone Number Printed Name/Title (type or print) day of Public 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_ �i'% t�J I,%, C !2' �. Applicant Name T �« 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? �'�� I gropG�&--nQ cc.rru w, l� lL-- 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? t3ES , �(oiL�c-:J Z S ZoCO--- L FQ_. 3. Does the proposed use comply with all applicable fire, health, building, plumbing, electrical and stormwater drainage regulations? vjGS. DQlk,-W� Irk. 1Z-- opt rr3�piacwl�� ut t'6 C��tR OC C3AA J(A_A6 -t'L<._ 56r,"%"C- - L - F6'UcC 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? � v�� 1f sQQt �C-J� i.� �-�t.ul-�ci-r•o�-� g, 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? GCS . T VAA'J 6. Does the proposed use generate pedestrian and/or vehicular traffic which will be hazardous to the existing and anticipated traffic in the neighborhood? 001 �itOL' i iDYC1L� • JO 7. Do adequate utilities exist to serve the proposed conditional use? �ts' OS X')q'U �.�o-� -rzh. c�b.��.� 1A.-i-t JZ IS . 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 q2 O Gil Mc 5-} J e-(Te-rGa --) G -17 r A4 Applicant Name VO.i.Szrz- EIC-C'rkz-� c bF (�:A-6j MO 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? f , J n Not We Ora PDS+ c 4,C, p iar%Ar 9.-;1 I sk,6s I,JT/t2 !s eJOL tor. 1N, C�=NI�tlS4�:�N li�'ih �i�Joia.�S la/1A bCNt�t�� We`iee! 1 w.,xIJ be 2. Would the proposed variance substantially increase congestion on the public street? w. Lk to c. r10 L ., o fe-I< as s e c: a4e A w, +} \ o 2 �...bliL S+,cc+ 3. Would the proposed variance increase the danger of fire or endanger the safety of the public? Nam, -The.bushes 1,,.,Iee(4 a-t^ �Ql �,:�( �o ChfAIc- 44 4. Would the proposed variance be unduly injurious to the use and enjoyment of the adjacent property? No -rhi5 w-. I( be, OI25-��e- ��17 p le4s�g r Jefferson City Board of Adjustment Application Addendum F — General Variance Page 2 5. Would the proposed variance substantially diminish property values in the neighborhood? Not 1T,,.ic CIS L-p 4,, e 6. Would the proposed variance be in keeping with the general spirit and intent of the Zoning Code? 7eel, Wo- w: d b-1- PI&A+-f,I +h- Sa.rne Cann6LLA% a— Q1,�C1trS �ZS r .2Q (i red . 6/14/23, 1:32 PM Google Earth ChainLink Fence W Privacy Screen r` a. � tf.r K. .'^`'�..r',"•. .3-4 '�4` 1, 'i Ft� �.r � k '''''. a ��'~r•- �� v-�� 1 t Gravel Lot for Storage and Overflow Parking https:llearth.google.comlweb/searchl9l2+West+McCarty+Street,+Jefferson+City,+MO/@38.58419955; 92.18450004,183.7695a,162.0703138d,35y,4... 1!1 City of Jefferson Department of Planning & Protective Services 320 E. McCarty Street Jefferson City, MO 65101 June 22, 2023 Dear Property Owner: Ron Fitzwater, Mayor Clint Smith, AICP, Director Phone: 573-634-6410 Fax: 573-634-6457 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, July 11, 2023, 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. B23004 — 912 West McCarty Street, Conditional Use Permit and Bufferyard Variance. Request filed by Kaiser Electric of Central MO, applicant, for a Conditional Use Permit to operate a contractor/trade shop with indoor operations and outdoor storage in the C-2 General Commercial zoning district and a variance from the specific use standards which require a Type B Bufferyard surrounding the outdoor storage yard. The property is located 140 feet east of the intersection of Brooks Street and West McCarty Street and is described as Part of Lot Nos. 9-14 in Block No. 9 of Lower Jefferson Addition, in the City of Jefferson, County of Cole, Missouri. As a nearby 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@jeffersoncitymo.gov 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. July 10, 2023 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.weffersoncitymo.gov/government/pIanning/board of adiustment.php If you have any questions concerning this matter, please contact the Planning and Zoning Division by phone at 573-634-6410. 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. B23004 S 912 West McCarty Street o so 160 320 aso sao Conditional Use Permit and Bufferyard Variance Feet Contractor/Trade Shop with Outdoor Storage 185 ft. Notification Buffer � S O Cc�RT ^^ m� ti� titi YS T 6 li,QTN R,QST ysT Fy�gY CO 4� may. P M INDUSTRIAL DR to N ip M �7 903034 7 �j 8 h s� T h � `QQ rn �O y ST MARYS BLVD n to co � Q Q 18 co Q �rs0 z Cal 18to t- O -he .- = O C) N _U h N O �8 N Jefferson City Board of Adjustment Property Owner List Case B23004 912 West McCarty Street 921 W MCCARTY ST JEFFERSON CITY MO L L C PO BOX 303 ASHLAND, MO 65010 921 W MCCARTY ST MO 65109 ALBERTSON, LAUREN 311 CLAY ST JEFFERSON CITY, MO 65101 311 CLAY ST MO 65101 ANTWI, EMMANUEL NII AHENE 2022 TRENTON CT JEFFERSON CITY, MO 65109 316 BROOKS ST MO 65109 B E J PROPERTIES L L C 1102 CIMARRON DR JEFFERSON CITY, MO 65101 917 W HIGH ST MO 65109 BATES, JENNY LAVERNA 915WHIGH ST JEFFERSON CITY, MO 65109 915 W HIGH ST MO 65109 BODE, MARY L ARNEL, BRIA SPRATT, JAALA 307 CLAY ST JEFFERSON CITY, MO 65101 307 CLAY ST MO 65101 C S A A PROPERTIES L L C 1727 GREENRIDGE CT JEFFERSON CITY, MO 65101 907 W MCCARTY ST MO 65109 06/27/2023 CAPITAL AREA INVESTMENTS L L C PO BOX 6712 JEFFERSON CITY, MO 65102-6712 1000 W MCCARTY ST MO 65109 CREDE, JOSHUA D 725 W HIGH ST JEFFERSON CITY, MO 65101 725 W HIGH ST MO 65101 D C J ENTERPRISES L L C 2000 E BROADWAY ST STE 277 COLUMBIA, MO 65201 931 W HIGH ST MO 65109 DELONGS INC 301 DIX RD JEFFERSON CITY, MO 65109-1476 415 BROOKS ST MO 65109 EVANS, BRITTANY 913 W MCCARTY ST JEFFERSON CITY, MO 65109 913 W MCCARTY ST MO 65109 FECHTEL PROPERTIES L L C 801 W HIGH ST JEFFERSON CITY, MO 65101 801 W HIGH ST MO 65101 H B H HOLDINGS L L C 2810 S TEN MILE DR JEFFERSON CITY, MO 65109 927 W HIGH ST MO 65109 HAYHAY L L C 613 BILTMORE DR JEFFERSON CITY, MO 65109 306 BROOKS ST MO 65109 Jefferson City Board of Adjustment Property Owner List Case B23004 912 West McCarty Street 06/27/2023 HEADRICK PROPERTIES INC MCGUIRE, JUSTIN M ONE FREEDOM SQ 929 W HIGH ST LAUREL, MS 39440-3325 JEFFERSON CITY, MO 65109 1000 ST MARYS REAR BLVD MO 929 W HIGH ST MO 65109 65109 HECKEMEYER, KEVIN A 308 FULKERSON ST JEFFERSON CITY, MO 65109 308 FULKERSON ST MO 65109 HILL VIEW ENTERPRISES L L C 907 MARTIN WAY JEFFERSON CITY, MO 65109 913 W HIGH ST MO 65109 J R C L ENTERPRISES L L C 912 W MCCARTY ST JEFFERSON CITY, MO 65109 918 W MCCARTY ST MO 65109 KIVETT, FLORENCE A 727 W HIGH ST REAR JEFFERSON CITY, MO 65101 727 W HIGH ST MO 65101 LAUDERDALE, DUELL M & PERLA M 901 W HIGH ST JEFFERSON CITY, MO 65109 901 W HIGH ST MO 65109 LINCOLN CENTER L L C 1718 HAYSELTON DR JEFFERSON CITY, MO 65109 711 W MCCARTY ST MO 65101 MAXSAMUM SUPPLIES L L C % PENNY MUELLER 21201 S BELFRY CT HARTSBURG, MO 65039 723 W HIGH ST MO 65101 MILLER, ELISABETH C 1003 W HIGH ST JEFFERSON CITY, MO 65109 1003 W HIGH ST MO 65109 MISSOURI NATIONAL GUARD STATE 1717 INDUSTRIAL DR JEFFERSON CITY, MO 65109 801 ARMORY DR MO 65109 MOFFAT, RICHARD H & MELANIE G 507 E HIGH ST JEFFERSON CITY, MO 65101 917 W MCCARTY ST MO 65109 NEW CAPITAL CITY WAREHOUSE CO 1011 INDUSTRIAL DR JEFFERSON CITY, MO 65109 1011 INDUSTRIAL DR MO 65109 OCMO L L C 308 FULKERSON ST JEFFERSON CITY, MO 65109 310 FULKERSON ST MO 65109 OFFICE BAR PROPERTIES L L C 232 E HIGH ST JEFFERSON CITY, MO 65101 900 W MCCARTY ST MO 65109 PAYNE, D INVESTMENTS L L C 719 MICHIGAN ST JEFFERSON CITY, MO 65109 408 BROOKS ST MO 65109 Jefferson City Board of Adjustment Property Owner List Case B23004 PHILLIPS, LANA K 922 W MCCARTY ST JEFFERSON CITY, MO 65109 922 W MCCARTY ST MO 65109 912 West McCarty Street PLEUS AUTO PROPERTIES LLC 1210 MOREAU DR JEFFERSON CITY, MO 65101 730 W MCCARTY ST MO 65101 RHYNE, MICK & VANDA L 313 BROOKS ST JEFFERSON CITY, MO 65109 313 BROOKS ST MO 65109 SAMSON, DONALD & EVELYN; SAMSON, CLINTON C 1314 VISTA TIERRA JEFFERSON CITY, MO 65109 305 CLAY ST MO 65101 SCISSORS, IRL 903 W HIGH ST JEFFERSON CITY, MO 65109 903 W HIGH ST MO 65109 SILVEY, ED 1922 SUN MEADOW LN JEFFERSON CITY, MO 65109 309 CLAY ST MO 65101 SMITH, ZION W 1004 W MCCARTY ST 1004 W MCCARTY ST MO 65109 TIMELESS TREASURES OF COLUMBIA L L C 1001 W MCCARTY ST JEFFERSON CITY, MO 65109 1001 W MCCARTY ST MO 65109 06/27/2023 TRIAD PROPERTY L L C PO BOX 104271 JEFFERSON CITY, MO 65110 1005 W HIGH ST MO 65109 YUNGBLUTH, MICHAEL J & LISA M 2107 SCENIC DR JEFFERSON CITY, MO 65101-3984 1001 W HIGH ST MO 65109