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Home My Public Portal AboutORD13888 BILL NO. 2005-18 SPONSORED BY COUNCILMAN Brown Q • ORDINANCE NO. 10 v U 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 0.35 ACRES OF A 1.6 ACRE TRACT FROM RS-2 SINGLE FAMILY RESIDENTIAL TO 0-2 GENERAL COMMERCIAL FOR PROPERTY ADDRESSED AS 2320 EAST MCCARTY STREET, LOCATED IN SECTION 15, TOWNSHIP 44 NORTH, RANGE 11, 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 RS-2 Singe Family Residential to C-2 General Commercial: Part of Private Survey No. 2701, situated in the City of Jefferson, Cole County, Missouri, being in the southern part of the tract described by deed of record In Book 356, Page 94, Cole County Recorder's Office, more particularly described as follows: From the northwesterly corner of the aforesaid tract described in Book 356; page 94; thence S5 041'05"W, along the westerly boundary thereof, 260.59 feet to a point intersecting the current zoning boundary line and the POINT OF BEGINNING for this description; thence continuing S5 041'05"W, along the westerly boundary of said tract described in Book 356, page 94, 111.58 feet to a southwesterly corner thereof and • said corner being on the northerly boundary of Landwehr Hills Subdivision, Section Three as per plat of record in Plat Book 7, pages 50 & 51, Cole County Recorder's Office; thence S84 002'10"E, along the northerly boundary of said Landwehr Hill Subdivision, Section Three and along the southerly boundary of the aforesaid tract described in Book 356, page 94, 171.16 feet to the southeasterly corner thereof; thence N18 022'00"E,along the easterly boundary of said tract described in Book 356, page 94, 61.67 feet to a point intersecting the current zoning boundary line; thence N68°31'12"W, along the said zoning boundary line, 191.95 feet to the POINT OF BEGINNING. Containing 15,458.32 square feet or 0.35 of an acre. SECTION 2. This ordinance shall be in full force and effect from and after its passage and approval. Passed: sl �i�JD) Apked:- Pr7nr fffc er yl yor (7,794-41/T: APPR VED AST ORM: B� City Clerk City unselor • -1- PUBLIC HEARING NOTICE Rezoning of Property at 2320 E. McCarty Street The City Council of the City of Jefferson, Missouri, will hold a public hearing on Monday, June 20, 2005 at 6:00 p.m. in the Council Chamber of the John G. Christy Municipal Building, 320 East McCarty Street, to consider rezoning from RS-2 Single Family Residential to C-2 General Commercial 0.35 acre of a 1.6 acre tract addressed as 2320 E. McCarty Street In Jefferson City, Missouri, more specifically described as follows: Part of Private Survey No.2701,situated in the City of Jefferson,Cote County, Missouri, being in the southern part of the tract described by deed of record In Book 356, Page 94, Cole County Recorder's Office, more particularly described as follows: From the northwesterly corner of the aforesaid tract described in Book 356; page 94; thence S5 041'05"W, along the westerly boundary thereof, 260.59 feet to a point Intersecting the current zoning boundary line and the POINT OF BEGINNING for this description; thence continuing S5 041'05"W, along the westerly boundary of said tract described In Book 356, page 94, 111.58 feet to a southwesterly corner thereof and said corner being on the northerly boundary of Landwehr Hills Subdivision,Section Three as per plat of record in Plat Bock 7, pages 50 & 51, Cole County Recorder's Office; thence S84 002'10"E, along the northerly boundary of said Landwehr Hill Subdivision, Section Three and along the southerly boundary of the aforesaid tract described in Book 356, page 94, 171.16 feet to the • southeasterly corner thereof; thence N18 022'00"E, along the easterly boundary of said tract described in Book 356, page 94, 61.67 feet to a point Intersecting the current zoning boundary line;thence N68 031112 11W, along the said zoning boundary line, 191.95 feet to the POINT OF BEGINNING. Containing 15,458.32 square feet or 0.35 of an acre. Phyllis Powell, City Clerk City of Jefferson, Missouri N.T. - Friday, June 3, 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 • Ill - • • • • �lnia �: ��p�IILII1L�,il6i ,�►r �� t �, : , iii .��,�� i�., air■. +i ► � .• ., �,, .r •� 1 11►�� ,��/ � fir►! �/ ��Af � r � ■11��'�� . � ;� �' � ��1 III • �%+ r• ■ ? �i�iRl�-lllt�dlln I ";1,5 • /,-rx'r151• �' �. 1' . II Vt' tf' G4j'.• :R 1,h i4rjfjl . ij ay, 'rr i•:" itt. `1rri\ f+,A.L.�i )F, "'''j. �V„1i .. . ,i.'. ..1. ,. �'y'I.hti,G . '.. :,� �i,\ r ':':)i"i •.r "�yr.(- `.'.7 y, )�cle}�y• , .y(i:.5.. ��'R rS� .� � �5 AS(w!i y'i•! 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APPLICATION FOR ZONING ORDINANCE AMENDMENTS Wig Nmewd City of Jefferson - Planning Division Department of Community Development 320 East McCarty Street Jefferson City, Missouri 65101 Phone(573)634-6410 Fax (573)634-6457 The undersigned hereby petitions the Planning and Zoning Commission and City Council of the City of Jefferson, Missouri, for the following amendment to the Zoning Codc: 0 Zoning Text Amendment (Describe below or attach complete narrative;complete Applicant"information Article and Section Affected (if applicable) Description of proposed text amendment: M 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 exhibit): Property Address: _2320 East McCarty Street LegallProperiy Description: See Attached Exhibits "A" and "B" Who petition to rezone the above described real estate from its present status of RS-2 to C-2 district. The purpose of this rezoning request redevelop remove an c ear ex existing s t-e w th all substandard structures and redevelop the site as a mini-storage warehouse 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 A77ACH SEPARATE SHEETS. Jeffer A. -Adams •�� [ r GC/, cSl� Proporty Owner#t Nome (type or print) rope Ow er Signature Property Owner#2 Name (type or print) Property Owner Signature Subscribed and sworn before me this ((m, day of in the year .,ft Notary PtIblic [Address of Property Owner #1: 901 Jefferson Street Jefferson Citv MO 65101 ddress of Properly Owner #2 Phone Number(s): 634-3483 - 680-3483 Applicant Information (if different from property owner): Name: Don Renkemeyer - Scott Renkemeyer Address: 426 East High Street Jefferson City, MO 65101 Phone NumDer 636-5225 For C+Iv Use On{w Application Filing Fee $200 ymeni Received: Cash (Indicate Receipt ) Check (Copy; :ncicote cnecs = 1 3tiac In:ems: acc,bonat sneets or cocumentahcn ApplicantlProlect Information _heel LccaUCn Map i 2320 EAST MCCARTY STREET ZONING ORDINANCE TEXT AND ZONING MAP AMENDMENTS • Excerpt from Section 35-74 Legislative Approval- Development Permits Ordinance No. 13361 4. Review Criteria. The following criteria shall be considered when reviewing an application to amend the Zoning Ordinance text and Zoning Map: a. The existing zoning was in error at the time of adoption. There Is no way to be absolutely certain of a previous error; however It Is not recommended to split a lot with a zoning district. b. There has been a change in character in the area due to installation of public facilities, other zone changes, new growth trends, neighborhood deterioration, or development transitions. East McCarty Street continues to develop as a mix of commercial and residential. Traffic Is Increasing. C. There is a community need for the proposed rezoning. The community would benefit from the redevelopment of the • property. d. The proposed change is consistent with, and in furtherance of, the implementation of the goals and policies of the Comprehensive Plan, other adopted plans, and the policies, intents and requirements of this Ordinance and other City regulations and guidelines. The change is consistent with the Comprehensive Plan and other plans. C. The proposed zoning is compatible with the zoning and uses of property nearby. The zoning Is consistent with adjoining property on East McCarty Street. f. Public and community facilities, which may include, but are not limited to, sanitary and storm sewers, water, electrical service, police and fire protection, schools, parks and recreation facilities, roads, libraries, and solid waste collection and disposal, are available and adequate to serve uses authorized under the proposed zoning. Public facilities are adequate to serve the proposed development. • g. A traffic impact analysis has been provided to indicate the potential number of new trips generated and provisions are provided to mitigate • impacts of high traffic-generating projects. There will be minimal traffic generated by the project and no formal study is required. h. Authorized uses shall not adversely affect the capacity or safety of the street network in the vicinity of the property. There will be minimal Impact to the street system. I. Potential environmental impacts (e.g., excessive storm water runoff, water pollution, air pollution, noise pollution, excessive lighting, or other environmental harms) of authorized uses shall be mitigated. The proposed development generates very limited environment Impact. j. There is an adequate supply of land available in the subject area and the surrounding community to accommodate the zoning and community needs. There Is an adequate supply of land. • k. Benefits shall be derived by the community or area proposed to be rezoned. The primary benefit to the community Is Inf III redevelopment and the elimination of a code enforcement concern for the City. • EXHIBIT "A" • 2320 East McCarty Street Part of Private Survey No. 2701, described more particularly as follows: From the Southeast corner of Section 16, Township 44, Range 11, thence north along the West line of Private Survey No. 2701, 1293 feet to the South line of U.S. Highway 50; thence in a Southeasterly direction along the Southerly line of said Highway, 571.14 feet to the beginning point of this description; thence turning an angle to the right, 77 degrees, 2 minutes, 372.5 feet; thence South 84 degrees 50 minutes East to the Easterly line of the F. Orlando Engelbrecht property as described in Quitclaim Deed of Record in Book 101, Page 529, Cole County Recorder's Office; thence North along the East line of said tract and along a line perpendicular to the South line of said Highway 50, to the South line of said Highway; thence North 71 degrees, 38 minutes West along the South line of said Highway 50, 251.86 feet to the point of beginning. Bearings magnetic. Variation North 7 degrees, 30 minutes East. • *gal description for the entire parcel �� L`,►�,J '�a ? � Ypy Cs G �� s. �� •..��. ..mod, 11 ff h rs hti.r m`�� '7 to at �l p• ��i: Two � �1U.� � �.................J1�.... `�\.`�fi1 y `� fJt lS4Att U+ Q + \ 1 H6 Q h'" EXHIBIT "B" REZONING DESCRIPTION • FROM: RS-2 TO: C-2 Part of Private Survey No. 2701, situated in the City of Jefferson, Cole County, Missouri, being the southern part of the tract described by deed of record in Book 356, page 94, Cole County Recorder's Office, more particularly described as follows: From the northwesterly comer of the aforesaid tract described in Book 356, page 94; thence SS°41'05"W, along the westerly boundary thereof, 260.59 feet to a point intersecting the current zoning boundary line and the POINT OF BEGINNING for this description; thence continuing S5°41'05"W, along the westerly boundary of said tract described in Book 356, page 94, 111.58 feet to the southwesterly corner thereof and said corner being on the northerly boundary of Landwehr Hills Subdivision, Section Three as per plat of record in Plat Book 7, pages 50& 51, Cole County Recorder's Office; thence S84°02'10"E, along the northerly boundary of said Landwehr Hill Subdivision, Section Three and along the southerly boundary of the aforesaid tract described in Book 356, page 94, 171.16 feet to the southeasterly comer thereof; thence N18°22'00"E, along the easterly boundary of said tract described in Book 356, page 94, 61.67 feet to a point intersecting the current zoning boundary line; thence N68°31'12"W, along said zoning boundary line, 191.95 feet to the POINT OF BEGINNING. Containing 15,458.32 square feet or 0.35 of an acre. • Legal description for the portion to be Sezoned Planning&Zoning Commission Property Owner's List Case No. P05018 2320 E, McCarty Street May 12,2005 Todd Balkcnbush Gary& Sheila Scott PO Box 25 David Scott, Trustee •. Westphalia, N40 65085 1002 Roseridge Circle 2312 E. McCarty Street Jefferson City, MO 65101 2401 E. McCarty Street City of Jefferson 320 E. McCarty Street Wilma Wekcnborg Jefferson City, MO 65101 2040 Deer Trail 2400 E. McCarty Street Jefferson City, MO 65101 2302 E. McCarty Street, Rear Carl &Rosalie Cutsinger Theresa Street 937 S. Brainard Avenue LaGrange, IL 60525 E. McCarty Street Kevin &Kelly Green 2311 E. McCarty Street Jefferson City, MO 65101 2311 E. McCarty Street Albert Hall 2335 Theresa Street • Jefferson City, MO 65101 2335 Theresa Street Larry Hightower Denise Cross 2405 Theresa Street Jefferson City, MO 65101 2405 Theresa Street J &M Ventures, LLC 404 Suzette Lane Jefferson City, MO 65101 2402 E. McCarty Street Michael & Angela ODay 2309 E. McCarty Street Jefferson City, MO 65101 2309 E. McCarty Street Louis & Johanna Rademann 2401 Theresa Street Jefferson City, MO 65101 2401 Theresa Street PLANNING STAFF REPORT • JEFFERSON CITY PLANNING AND ZONING COMMISSION May 12, 2005 CASE NO.P05018-2320 East McCarty Street. Rezoning Request. A request filed byJcffcry A.Adams to rezone property from RS-2 Low Density Residential to C-2 General Commercial, The subject property contains approximately 15,458 sq. ft.or 0.35 acres and is located on Part of Private Survey No.2701 in S 16, T44, R 11. The purpose of the application is to enable redevelopment of the property into a mini-storage warehouse. NOTIFICATION Publication Date: April 26,2005. Property Owners: By letter to adjacent and affected property owners within 185 feet. Area Residents: Property Sign Posting. CORRESPONDENCE RECEIVED None as of Wednesday, May 11, 2005. HISTORY There have been no previous applications filed to rezone the property. LOCATION AND ZONING OF SUBJECT SITE The subject site requested forrezoning consists of the south part of parcel of land located on the south side of • East McCarty Street approximately 600 feet cast of Doehla Drive. The north or main part of the parcel is occupied by a building located in the front and two motel buildings located in the rear.It appears that the front building was originally used for the motel office but is currently used as a residence,The two motel buildings are dilapidated and unused. The smaller south part of the parcel requested for rezoning is undeveloped.The zoning district map divides the parcel in an east-west direction. The north part of the parcel is zoned C-2 General Commercial and the south part requested forrezoning is zoned RS-2 Residential.The existing zoning line between the two parts is located from 61-111 feet north of the south adjacent property line. NATURE OF REQUEST The applicant is requesting this rezoning so that the entire site will be zoned C-2 and can be redeveloped into mini-warehouses. C-2 allows mini-warehouses as a conditional use,which must be approved by the Board of Adjustment. Before approval, city staff and the Board will review the proposal, including a site plan, at a public hearing. This review helps ensure that the proposed use complies with all fire, health and building regulations and will be compatible with the character and integrity of adjacent property. The Zoning Code requires perimeter fencing;a landscaped bufferyard along side and rear yards;and paved driveways,parking areas and internal driving lanes, LAND USE AND 70NING OF SURROUNDING AREA Area Zonine Land Use Site RS-2 Unused motel North C-2 Undeveloped, residential, and governmental facilities South RS-2 Single-family residential East C-2 City Fire Station,animal hospital, cabinet shop, residential • West C-2 Mechanical contractor,office, and appliance repair • The area most affected by the proposed rezoning is located south of the site and is developed with single- family residences zoned RS-2 Residential. There is a drainage way running cast-west along the common property line between the subject site and the residential area.This drainage way is also a 100 year floodplain which is 100-120 feet in width in the subject area and is heavily wooded.It is also shown as a future trail link on the Greenway Trail Plan. COMPREHENSIVE PLAN DESIGNATION The entire parcel is desibntnted as Commercial on the Comprehensive Plan Land Use Map. ACCESS Access to the site would be from East McCarty Street,which is a paved two-lane road classified as a minor arterial street. Although there is no guarantee that the site will be redeveloped with mini-warehouses, the traffic generation rate for mini-warehouses is substantially less than most other business uses. On a typical weekday,mini-warehouses generate 0.28 trips/unit compared to motels(9.11 trips/room)and general offices (3.32 tripslemployee). STAFF ANALYSIS 1. The C-2 zoning district is substantially compatible with the existing land uses and zoning of the area. 2. Rezoning the entire parcel to C-2 appears reasonable in this case as it would allow the entire parcel to be included in the redevelopment project. • 3. The requirements of the Zoning Code,including bufferyards and flood hazard area requirements,and review of conditional use permit will help mitigate the potential effects of traffic,noise,and lighting upon the adjacent residential properties to the south. 4. Adequate public facilities exist,including but not limited to water,electric,sanitary and storm sewers, police and fire protection. STAFF RECOMMENDATION Staff supports the request to rezone the site from RS-2 to C-2. •