HomeMy Public PortalAboutORD13916 • BILL NO. 2005-47
SPONSORED BY COUNCILMAN BROWN
ORDINANCE NO. / 5G1/6
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING, AMENDING, AND
MODIFYING THE ZONING MAP OF THE ZONING CODE OF THE CITY OF JEFFERSON, BY
REZONING 0.10 ACRES FROM C-1 NEIGHBORHOOD COMMERCiALTO PUD PLANNED UNIT
DEVELOPMENT,FOR PROPERTYADDRESSED AS 628 CLARK AVENUE, LOCATED IN PART
OF LOTS 106 AND 107 FAIRVIEW ADDITION,JEFFERSON CITY, COLE COUNTY, MISSOURI.
WHEREAS, It appears that the procedures set forth in the zoning code relating to zoning have
in all matters been complied with.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI, AS FOLLOWS:
Section 1. The following described real estate is rezoned from C-1 Neighborhood
Commercial to PUD Planned Unit development:
Part of Lots Nos. 106 and 107, and a strip of land 12 feet wide and adjacent to the
South side of Lot No. 107, being part of land vacated by the City of Jefferson in
Fairview Subdivision, a subdivision of Outlots Nos. 57 and 58, in the City of
Jefferson, Cole County, Missouri, described as follows: Beginning at a point on the
Easterly line of Lot No. 106, which said point lies 12 feet southerly of the
northeasterly corner thereof; thence In a southerly direction along the easterly line
of Lots Nos. 106 and 107, and the strip vacated by the City of Jefferson, 50 feet 7
'/2 Inches to the southeasterly corner of said vacated land, thence In a westerly
direction along the southerly line of said vacated land and parallel with the southerly
line of Lot No. 107, 89 feet 6 Inches; thence in a northerly direction parallel with the
easterly line of said vacated land, Lots Nos. 107 and 106, 50 feet 7'/2 Inches, thence
In an easterly direction parallel with the northerly line of Lot No. 106,89 feet 6 inches
to the easterly line thereof and the beginning point of this description. Containing
approximately 0.10 acres.
Section 2. This ordinance shall be in full force and effect from and after its passage and approval.
Passed 4e�— Approved �'D r'
es Officer '
JAP)V T: i w "
S TO FORM:
)1ty Clark-
City Counselor
PUBLIC HEARING NOTICE
Rezoning
• 628 Clark Avenue
The City Council of the City of Jefferson, Missouri, will hold a public a hearing on Monday, August
15, 2005 at 6:00 p.m. In the Council Chamber of the John G. Christy Municipal Building, 320 East
McCarty Street, to consider rezoning a 0.10 acre tract at 628 Clark Avenue, described as follows:
Section 1. Property Description: The following described real estate is rezoned from C-1
Neighborhood Commercial to PUD Planned Unit development:Part of Lots Nos. 106 and 107,and
a strip of land 12 feet wide and adjacent to the South side of Lot No. 107,being part of land vacated
by the City of Jefferson in Fairview Subdivision,a subdivision of Outlots Nos. 57 and 58, in the City
of Jefferson,Cole County,Missouri,described as follows:Beginning at a point on the Easterly line of
Lot No. 106, which said point lies 12 feet southerly of the northeasterly comer thereof; thence in a
southerly direction along the easterly line of Lots Nos. 106 and 107,and the strip vacated by the City
of Jefferson, 50 feet 7 '/Z Inches to the southeasterly comer of said vacated land, thence in a
westerly direction along the southerly line of said vacated land and parallel with the southerly line of
Lot No. 107, 89 feet 6 Inches; thence In a northerly direction parallel with the easterly line of said
vacated land, Lots Nos. 107 and 106,50 feet 7'/:inches,thence in an easterly direction parallel with
the northerly line of Lot No. 106,89 feet 6Inches to the easterly line thereof and the beginning point
of this description. Containing approximately 0.10 acres.
Section 2. Rezoning application. The property is proposed to be rezoned from C-1
Neighborhood Commercial to PUD Planned Unit Development.
Phyllis Powell, City Clerk
City of Jefferson, Missouri
• P.T. - Friday, July 29, 2005
Department of Community Development/Planning Division
320 East McCarty Street, Room 120
Jefferson City, Missouri 65101
Contact: Anne Stratman or Janice McMillan
Phone(573)634-6475 Fax(573)634-6457
•
City of Jefferson
628 Clark Avenue
• `�,+ °' "�" '°� Rezoning from C-1 to PUD
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VICINITY
Department of Community Development
Planning Division "
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320 East McCarty Street w
Jefferson City, Missouri 65101 0 150 300 450
Phone(573)634-6475 s
Fax(573)634-6457
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APPLICATION FOR ZONING ORDINANCE AMENDMENTS
e.11C rtCpthCj
City of Jefferson - Planning Division
Department of Community Development 7,
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320 East McCarty Street
Jefferson City, Missouri 65101 O��yin
Phone(573)634-6410 Fax (573)634-6457
•Fyn
The undersigned hereby petitions the Planning and Zoning Commission and City Council of the City of Je rso ,
Missouri, for the following amendment to the Zoning Code:
CI Zoning Text Amendment (Describe below or nlinch complete narrative; complete "Applicant"information
Article and Section Affected (if applicable)
Description of proposed text amendment:
//
Zoning Map Amendment (Rezoning of Real Estate)
The undersigned hereby slate they are the owners of the following described real estate (legal description
must be printed below or attached as an exhlblt):
Properly Address: 62-8 C(riFIC-- gaWL40-
Legal/Property Description:
Who petition to rezone the above described real estate from its present status of
C -1 to nUD district. The purpos,}of this rezoningt request is to owi ;ze me
o� availa6��e +• Lmepri fs_ • ccn al second 00r7 ;trio
c�, •n �n iv' S ates arc, es�a. �i f�'n' u w em 1� a en a l0u �' m�f.r.0�ou�
ALL OWNERS OF REAL PROPERTY PROPOSED TO BE REZONED MUST SIGN THE APPLICATION,AND ALL SIGNATURE
MUST BE NOTARIZED. IF ADDITIONAL SIGNATURES ARE NEEDED, PLEASE ATTACH SEPARATE SHEETS.
ZEy+✓*1 NL)esr
Property Owner It 1 Name (type or print) Property Owner Signature
rJ A N C-r L. . 4-4 UIZST- .r...v—� o7i .
Property Owner t12 Name (type or print) Pro/(irty Owner Signature
Subsc Illeu allu jkftt! �e at) us 111y of %, all-e'• in the year 60tc
Nolsry Public•Nolary Seal
STATE OF MISSOURI
Clay Comity Nrololy Public
My Commission Expires: Sept. 15.2006
Address of Properly Owner t11: 5 CT NEC�D_i�"T.
Address of Property Owner t12 �
Phone Number(s):_S'/!
Applicant Information (if cliff rent frorr property ownr�er): 1
Name:_C-1cl i e 1 e nd
Address: L-A1 2 0 L-2&=ri
Phone Number 5TH 'fCnl-5rQ'15 Ce Z3 >t►23o�2Z 3
For City Use Only: Application Filing Fee$200
Payment Received:
Cash (Indicate Receipt tI ) Check (Copy; Indicate check tt )
�achments:
Additional sheets or documentation Applicanf/Project Information Sheol _Location Map
PaOo—,of 1 r,Uy O,2002
Jefferson City Planning& Zoning Commission Page I
Property Owners List
Case No. 1105027 628 Clark Avenue July 14, 2005
Norvelle Ahart Kristi Lawson
1124 W. Huback Hill Road 709 Walsh Street
Raymore, MO 64083 Jefferson City, MO 65109
1 132 E. Dunklin Street 709 Walsh Street
James Braun Carol Mattson
704 Walsh Street 616 Clark Avenue
Jefferson City, MO 65101 Jefferson City, MO 65101
704 Walsh Street 616 Clark Avenue
Vicki D Eagle James & Leora May
706 Walsh Street 2401 Bluebird Drive
Jefferson City, MO 65101 Jefferson City, MO 65109
706 Walsh Street 1207 E. Dunklin Street
Anthony & Mary Diemler MERCO Leasing
353 Amy Court c/o Roger Mertens
JctTcrson City, MO 65101 PO Box 565
621 Clark Avenue Jefferson City, MO 65102
623 Clark Avenue 627 Clark Avenue
• Justin Duren Duwayne& Trances Oestreich
710 Clark Avenue 1130 E. Dunklin Street
Jefferson City, MO 65101 Jefferson City, MO 65101
710 Clark Avenue 1130 E. Dunklin Street
Bishop John Gaydos Charles Payne
PO Box 417 8538 County Road 363
Jefferson City, MO 65102 New Bloomfield, MO 65063
613 Clark Avenue 624 Clark Avenue
Larry&Joyce Hildebrand RMB Inc
701 Clark Avenue 10512 Old Highway 54
Jefferson City, MO 65101 Eugene, MO 65032
701 Clark Avenue 707 Clark Avenue
James & Angela Kleindienst Donald & Clara Rackers
4201 Catalina Drive 1745 Brookside Boulevard
Jefferson City, MO 65109 Jefferson City, MO 65101
707 Walsh Street 1136 E. Dunklin Street
706 Clark Avenue
705 Clark Avenue
703 Clark Avenue
Jefferson City Planning&Zoning Commission Page 2
Property Owners List
Case No. 1105027 628 Clark Avenue July 14, 2005
• William Ross Anna Yarnell
1 125 E. Dunklin Street 700 Ewing Drive
Jefferson City, MO 65101 Jefferson City, MO 65101
1 125 E. Dunklin Street 700 Ewing Drive
Jason & Jennifer Schlolter
1 123 E. Dunklin Street
Jefferson City, MO 65101
1 123 E. Dunklin Street
Alfred & Inna Schmitz
1004 Eastland Drive
Jefferson City, MO 65101
615 Clark Avenue
Reasonable Properties, LLC
1731 E. Elm Street
Jefferson City, MO 65101
1126 E. Dunklin Street
Elnora Shcllman
• 705 Walsh Street
Jefferson City, MO 65101
705 Walsh Street
Gary&Janice Sines
2321 St Louis Road
Jefferson City, MO 65101
614 Clark Avenue
Rowlin Stone
620 Clark Avenue
Jefferson City, MO 65101
620 Clark Avenue
Harold & Cherrie Wadley
1122 E. Dunklin Street
Jefferson City, MO 65101
1 122 E. Dunklin Street
Beth White
128 Midway Lane
Westphalia, MO 65085
1 131 E. Dunklin Street
•
PLANNING AND ZONING COMMISSION
• CORRESPONDENCE RECEIVED
Case No. P05027
628 Clark Avenue
July 14, 2005
Sender Senders How Date
Address Received Received
Fr. Gregory Higley Diocese of Jefferson City Mail 07/11/2005
PO Box 417
Jefferson City, MO 65102
•
THE DIOCEsr: u.-Jr:Frr_nsON CITY
The Ujancery
RECEIVED
July 8, 2005
JUG 1 1 2005
COM1AuNl iY ar.tT[OP
Mr. Roy Dudark serer
320 E. McCarty St.
Jefferson City, MO 65101
Re: Case No. P05027—628 Clark Avenue, Rezoning and PUD Preliminary
and Final Plan
Dear Mr. Dudark,
Thank you for your announcement letter of June 27, 2005. In the name of Bishop
• John R. Gaydos, I am writing to inform you that the Diocese has discussed this rezoning
issue with Mr. Barry Vollmer, Coordinator for Buildings and Properties for the Diocese
of Jefferson City. Bishop Gaydos approves of the rezoning issue concerning 628 Clark
Avenue.
Sincerely yours,
Very Rcv rend Ore L, igley, V.G.
Vicar General
cc: Monsignor Michael J. Wilbers, EV, Vicar for Administration
Mr. Barry Vollmer, Buildings and Properties Office
Deacon Joseph Braddock, Finance Office
•
P.O. Box.117 • Jefferson City, Missouri 65102-0417
relcphone f73-635-91-27 • facsimile 573-635-0386
PLANNING STAFF REPORT
• JEFFERSON CI I'Y PLANNING AND ZONING COMMISSION
JULY 14,2005
Case No. P05027—628 Clark Avenue; Rezoning and PUD Preliminary and Final Plan. Applications
filed by David Rachell,contract purchaser,and Steven I lurst,propctlyowner,for the rezoning ofpmperly and
approval of the use of a building for mixed uses as outlined below.The properly consists of 0.10 acres and is
part of lots 106 and 107, Fairview Addition,Jefferson City, Missouri.
A. Rezoning from C-1 Neighborhood Commercial to PUD Planned Unit Development: mid
13. Approval ofa PUD Preliminary and Final Plan forlhe continued use ofthesecond flooras a residential
aparinlenl,the conversion of the first floor into a residential aparintcmt,and the conversion of the
basement into an automated laundry.
Notilleatlon
Publication Date: June 28, 2005.
Property Owners; By letter to adjacent and affected properly owners within 185 feet.
Area Residents: Properly Sign Posting.
Correspondence
None received as of July 1.
Location
The subject properly is located at the northwest comer of Clark Avenue and Dunklin Street and is zoned C-1
Neighborhood Commercial, Adjacent zoning is C-I to ilia north and cast and RD Medium Density Residential
• to ilia south and west of the subject site.A mixture of uses are located in the immediate vicinity of the properly.
Residential exists to the north and west and neighborhood retail/service/office uses (convenience store,
plumbing and beating business, financial investments)exist to ilia cast and south.
Background
The properly was the location of Salisch Paint and Decorating until 1993. It was then vacant for some time
until it was changed to office use. In April, 1998,the Board of Adjustment approved a conditional use pennit
to establish a single residence, which included the installation of a kitchen, on the second floor. A business
office occupied the first floor until recently.
Nature of Rconest
The applicant is requesting approval to establish a mix of residential and commercial uses within an existing
building. Specifically,the request is for ilia continued use of ilia second floor as a residential apartment, [lie
conversion oftbe first floor into a residential apartment,and the conversion of the walk-out basement into an
automated laundry.
Analysis
A. Rezoning. The C-I district allows retail, office and certain other uses on ilia first floor and in a basement
(including a laundromal)but only allows a residential use in a non-residential building on ilia second floor or
above.The intent of this provision is to reserve the first floorofbufldings in commercial districts for retail and
office uses. Therefore, to establish a residential unit on the first floor, either the entire property could be
rezoned to residential or it could be rezoned to PUD. The applicant has requested PUD zoning in order to
allow mixed residential and commercial use of the building.
•
.leflcrson Cily Planning& Zoning Commission I'agc 2
• Case No. 1105027 628 Clark Avenue
13. PUD Preliminary and Final Site Plan:
Access. Vehicular access t o t he site is provided by a driveway off Dunk Iin Street which serves an existing
on-site parking lot located west of the building(see site ploim).
Building Layout.The applicant has provided sketches ofihe existing and proposed floor plans forlhe first
floor, second floor, and basement (see attached drawings). These sketches illustrate the alleruions thin
would be made to each floor, including ilia installation of will partitions,closets, closure of doorways,
removal ofslairs, and installation ofaddilional doors.These ahcrations are intended to create a suitable
space for the two residential apartments and the laundromat.P-nch apartment would be self-contained and
would have an exclusive entrnnce,living room,bedroom and kitchen.Ilia laundrommit would be sepammtely
accessed front a set of double doors opening onto the parking lot.
Parking, The parking requirement far a residence above ilia first floor is 1 space, for a residence on the
First noor-2 spaces, and for a laundromat- I space 1300 square feet of floor area. 'this results in a total
requirement of 5 parking spaces for all uses. The existing parking lot, if the spaces were striped, would
provide parking for 5-6 vehicles,which Is adequate for the proposed uses.
Sidewalks. Sidewalks exist adjacent to the property both on Clark Avenue and Dunklin Sheet.
Sig nR, in PUD districts,the local ion,size and character of signs shall be established by ilia Commission
• and Council in the site plan review and approval process.In a standard commercial district,one post sign
up to 32'tall and any number of wall signs would be allowed with ilia maximum signage area allowed for
the total development being 270 square fact based on 140 feel ofstrect frontage.No signage was proposed
in the application.
Lighting. Outdoor lighting must comply with Sec.35-57 of the zoning ordinance which specifics the
maximum illumination and height of luminaires depending upon whether the luminaires have cutoffs or
shields.
Staff Recamnmcndntion
Staff recommends approval of the rezoning from C-1 to PUD, subject to ilia following condition:
I. Permitted uses on the first and second floors shall include individual residential dwelling units and
any use pe nmitted by right in ilia C-1 district;permitted uses in ilia basement shall include a laundrrnmnt
and any use permitted by right in the C-I district.
Staff recommends approval of the Preliminary and Final Site Plan, as submitted, subject to ilia following
conditions:
1. Permits shall be obtained for the sign and any building alterations or remodeling. All applicable
permits shall be complied with prior to occupancy.
2. Sigmage shall be linmitcd to a wall sign no larger than 16 sq. n.The sign mmy be illuminated.
• 3.A parking lot striping plan shall be approved by Cily staff and lite spaces shall be striped In necordance
with ilia plan prior to occupancy of the laundromat.