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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 °` 4�R e e1 M t VICINITY Department of Community Development Planning Division " Feet 320 East McCarty Street w Jefferson City, Missouri 65101 0 150 300 450 Phone(573)634-6475 s Fax(573)634-6457 GS So E yy de, sOY �Y • Sf 5� �J FF 90 0� K � D 3C7 �i _ ' '1l�lIIL(Il�illlrl t '•'V Fy �(.� .yam • ,� 1r't•�' Ilk ,pay , :r'� ri ),4\ ° r.,�� �/,r . •,;� "� �t n � �,,.'A�,�+�,,f. 3. rte,; lkrr t.�r• . r{ � ..}^j�. t/tr Y .4 v.' 1fi•.7 .♦1'�•Yf)� I • '.t(( �y{.,��,y�y ' a kR "i�`1„{;;:. �� . . V �4 A. t�Y�};C�Yn' n?�'�,.(>rd�l i'yt•1 I'V '�` APPLICATION FOR ZONING ORDINANCE AMENDMENTS e.11C rtCpthCj City of Jefferson - Planning Division Department of Community Development 7, �, , 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.