HomeMy Public PortalAboutORD15351 BILL NO. 2014-97
SPONSORED BY COUNCILMAN Graham
ORDINANCE NO. ' 5-3-5TI
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 0.75 ACRES FROM PUD PLANNED UNIT
DEVEOPMENT TO C-2 GENERAL COMMERCIAL, FOR LAND ADRESSED AS 620
WEST MCCARTY STREET, DESCRIBED AS PART OF INLOTS 424, 425, 426, AND
427, 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; and
WHEREAS, The zoning ordinance requires consistency between the Comprehensive
Plan and the Zoning Map and the proposed zoning change would
necessitate a change to the Comprehensive Plan Development Plan Map.
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 PUD Planned Unit
Development to C-2 General Commercial:
Part of Inlots Nos. 424, 425, 426 and 427 of the City of Jefferson, Cole County,
Missouri, more particularly described as follows: From the southwesterly corner
of the aforesaid Inlot No. 424; thence S47°48'51"E, along the southerly line of
said Inlot No. 424, 95.23 feet to a point 25 feet southerly from (measured
perpendicular to) the plan centerline of Carrier's Track No. 115 of the Missouri
Pacific Railroad, as referred to in a certain lease agreement dated September 25,
1986, between the Missouri Pacific Railroad and the City of Jefferson and said
point being the POINT OF BEGINNING for this description; thence Easterly,
parallel to said plan centerline, on a curve to the left, having a radius of 741.20
feet, an arc distance of 321.51 feet, (the chord of said curve being S86°22'21"E,
319.00 feet) to a point intersecting the northerly line of the aforesaid Inlot No.
427; thence S47°51'25"E, along the northerly line of said Inlot No. 427, 42.0 feet
to the northwesterly corner thereof; thence S33°19'57"W, along the easterly line
of said Inlot No. 427, 201.26 feet to the southeasterly corner thereof; thence
N47°48'51"W, along the southerly line of Inlots Nos. 427, 426, 425 and 424,
322.42 feet to the POINT OF BEGINNING. Containing 32,529.68 square feet,
(0.75 acres), more or less.
Section 2. An amendment to the Comprehensive Plan Development Plan Map is
hereby endorsed to reflect the changes for the areas described in Section 1 to
Commercial.
Section 3. This ordinance shall be in full force and effect from and after its
passage and approval. �7 //
Passed: /2 - /5-1 �/ /G Approved: /r�//c///
//IL / � :
-resi.ing Officer - - _ Mayor
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ATTEST: - APPROVED AS TO FORM:
C;1/ 7 /
it
y•Clerk ••.;, Ci Counselor
EXCERPT OF UN -APPROVED MINUTES
JEFFERSON CITY PLANNING AND ZON ING COMMISSION
November 13 , 2014
COMMISSION MEMBERS PRESENT
Jack Deeken
Chris Jordan, Vice Cha irman
Michael Lester
David Nunn
Dale Vaughan
Chris Yarnell
Kev in Thoenen, A lternate
COMMISS ION MEMBERS ABSENT
Dean Dutoi
Bob George
Ralph Robinett, Chairman
Bunnie Trickey Cotten, Alternate
Ron Fitzwater, Alternate
EX-OFFICIO MEMBERS ABSE NT
Carlos Graham , City Council Liaison
STAFF PRESENT
5:15p.m.
Janice McMillan, Director of Planning & Protective Services
Jeremy Cover, Associate City Counselor
Eric Barron , Senior Planner
Shane Wade, Civi l Engineer II
Anne Stratman , Administrative Assistant
New Business/Public Hea rings
ATTENDANCE RECORD
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Case No. P14018 -620 W . McC arty Street, Rezoning from PUD to C-2 and Comprehensive
Plan Amendment. Staff initiated proposal to rezone 0.75 acres from PUD Planned Unit
Development to C-2 General Commercial and an associated amendment to the Comprehensive
Plan Development Plan Map to show the property as Commercial. The property consists of a
former city bus station and is located on the north side of West McCarty Stree t 300 feet east of
Bolivar St reet. The property is described as part of lnlots 424, 425, 426 and 427, Jefferson City,
Mis souri.
Mr. Barron described the proposal and explained that this property consists of the former bus
station owned by the City of Jefferson . He stated th at the City is in a position to sell the property to
a private owner who desires to convert the property into a res taurant. Mr. Barron explained that the
plans have not been finalized , but include a building addition and construction of a parking lot. He
stated that because the property is still owned by the City, the proposal is being brought forward as
a staff initiated rezoning request. Mr. Barron explained that there is a draft Development Agreement
that wi ll stipulate what may be built on the property. He stated that in order to avoid the processing
of the development proposal under Planned Unit Development requ irements , the future property
owner has requested a rezoning of the property to a standard commercial zon ing district.
Mr. Barron explained that 32 ' tall pole signage would be perm itted in the C-2 district, and would
have the potential to interfere with the scenic view of the Capitol Building and downtown skyline.
Mr. Barron explained that a C-1 zon ing of the property would limit the potential sign height to 10
feet while still permitting the transformation of the property into a restaurant. He stated that a C-1
zoning would also be more compat ible with the surrounding PUD zoning , which has in past zoning
codes, been tied to the C-1 district in terms of permitted uses. Mr. Barron explained that City staff
recommends a C-1 zoning as opposed to the proposed C-2 zoning in order to allow this property to
be developed by th e potential buyer.
Excerpt of Un-Approved Minutes
November 13, 2014
Page2
Mr. Jordan inquired if this is a staff initiated request why is staff recommending a change from the
proposed C-2 zoning to C-1. Mr. Barron explained that after the proposal was placed on the
agenda, staff reviewed the situation and prefers the C-1 zoning because it would limit the sign
height. The C-1 zoning would be in conformance with the proposed development agreement and
would allow for the proposed use.
Mr. Jordan inquired whether the zoning could have been a stipulation in the Development
Agreement. Mr. Cover explained that the zoning was not addressed in the Development Agreement
because it was coming before this body.
Mr. Jordan commented that he is concerned with spot zoning. He inquired whether there is a
certain area for a C-1 zoning designation. Mr. Barron explained that there is a size restriction in the
C-1 zoning district of a minimum of one acre. It would be in conflict with the zoning code because
this property consists of 0.75 acres and there is no adjacent C-1 zoning district, although it would
be a technical conflict because there is commercial zoning directly across the street. Mr. Barron
reiterated that the staff concern is still about the potential sign height.
Mr. Cover explained that staff can incorporate sign height restrictions in the Development
Agreement so that it would be addressed at the C-1 zoning district standard. He stated that it will
be a deed restriction on the property. Mr. Cover explained that the potential buyer is in agreement
with this.
Mr. Barron stated that with this item addressed, staff would support a C-2 zoning of the property.
Mr. Alex Mastrogiannis, 2135 Missouri Boulevard, spoke regarding this request. Mr.
Mastrogiannis explained that he owns Alexandra's Restaurant and is the potential buyer for the
subject property.
No one spoke in opposition to this request and no correspondence was received.
Mr. Barron gave the Planning Division staff report.
Mr. Vaughan moved and Mr. Lester seconded to recommend approval to designate the property
as Commercial on the Development Plan Map of the Comprehensive Plan to the City Council. The
motion passed 4-1 with the following votes:
Aye: Lester, Thoenen, Vaughan, Yarnell
Nay: Deeken
Abstain: Nunn
Mr. Vaughan moved and Mr. Lester seconded to recommend approval to rezone the property
from PUD to C-2 to the City Council. The motion passed 4-1 with the following votes:
Aye: Lester, Thoenen, Vaughan, Yarnell
Nay: Deeken
Abstain: Nunn
City of Jefferson Planning & Zoning Commission
VICINITY
Case No. P14018
620 West McCarty Street
Rezoning from PUO to C-2 and
Comprehensive Plan Amendment
City of Jefferson Planning & Zoning Commission
LOCATION MAP
Case No. P14018
620 West McCarty Street
Rezoning from PUD to C-2 and
Comprehensive Plan Amendment
City of Jefferson
Department of Planning & Protective Services
320 E. McCarty St.
Jefferson City, MO 65101
October 31, 2014
Dear Property Owner:
Eric J. Struemph, Mayor
Janice McMillan, AICP, Director
Phone: 573-634-6410
Fax: 573-634-6457
This letter is to notify you that the Jefferson City Planning and Zoning Commission will meet at 5:15p.m.
on Thursday, November 13, 2014 in the Council Chambers of the John G. Christy Municipal Building , 320
East McCarty Street, to consider the following matter (see map on back):
Case No. P14018 -620 W. McCarty Street, Rezoning from PUD to C-2 and
Comprehensive Plan Amendment. Staff initiated proposal to rezone 0.75 acres from
PUD Planned Unit Development to C-2 General Commercial and an associated
amendment to the Comprehensive Plan Development Plan Map to show the property as
Commercial. The property consists of a former city bus station and is located on the
north side of West McCarty Stree t 300 feet east of Bolivar Street. The property is
described as part of lnlots 424 , 425 , 426 and 427 , Jefferson City , Missouri.
As a nearby landowner and/or neighbor, you have the privilege of attending th is hearing . Unfortunately,
we are unable to record comments received by telephone, however, w ritten comments may be directed to
the Planning and Zon in g Commission in one of the fo llow in g ways:
e-mail: jcplanning@jeffcitymo.org
fax : Dept. of Planning and Protective Services I Plann ing Div ision 573-634-6457
mail : Dept of Planning and Protective Services I Plann in g Divis ion
John G. Christy Mun icipal Bu ilding, 320 E. McCarty Street Jefferson City , MO 65101
Written comments received on or before 1:00 p.m. on the day of the meeting will be made a part of the
official record and copied and distributed to Commission members at the meeting . Those unable to
provide written comments in advance are invited to deliver their comments to the Commission Chairman
only at the meeting . Correspondence received after 1:00 p.m. will be included in the official record, but
there is no guarantee that copies will be made for distribution to all Commission members.
For your information, this case is tentatively scheduled for a public hearing in front of the City Council on
December 15, 2014 . The City Council meets at 6:00p.m. in the Council Chambers of the John G. Christy
Mun icipal Building , 320 East McCarty Street.
Information regarding this case may be viewed on the Plann ing and Zoning Commission webpage at:
www.jeffcitymo.org/pps/planning/pzcommission.html.
If you have any questions concerning this matter, please fee l free to contact us at 573.634.6475.
Sincerely ,
;;-~B~
Eric Barron , AICP
Senior Planner
Individuals sh o uld contact the ADA Coordinator at (5 73) 634-6570 to request accommodations or alternative formats
as required und er the Americans with Disabilities Act. Please a ll ow Uu ee bus iness days to process the request.
Please call (573) 63 4-64 10 with ques tions rega rding agenda items.
Jefferson City Planning & Zoning Commission
Property Owner List
Page 1
Case No. P14018 620 W. McCarty Street November 13, 2014
DIVISION OF FACILITIES MANAGEMENT
DESIGN & CONSTRUCTION LEASING SECTION
PO BOX809
JEFFERSON CITY, MO 65102
500 W MCCARTY ST
W MCCARTYST
611 W MCCARTY ST
MISSOURI PACIFIC RAILROAD
210 NORTH 13TH ST
ST LOUIS, MO 63101
W HIGHST
WMCCARTYST
HOUSING AUTHORITY OF JEFFERSON CITY
PO BOX 1029
JEFFERSON CITY, MO 65102
615WHIGHST
WMCCARTYST
501 W MCCARTY ST
CITY OF JEFFERSON
320 E MCCARTY ST
JEFFERSON CITY, MO 65101
620 W MCCARTY ST (Subject Property)
CITY OF JEFFERSON FIRE STATION
320 E MCCARTY ST
JEFFERSON CITY, MO 65101
621 WHIGHST
AMERICAN TOWER CORP
%PROPERTY TAX
SITE #274000
PO BOX 723597
ATLANTA, GA 31139-3597
WHIGHST
CINGULAR WIRELESS
%AT&T NETWORK REAL ESTATE ADMIN
575 MOROSGO DRIVE NE
SUITE 13-F WEST TOWER
ATLANTA, GA 30324
621 W HIGHST
SIMS, WILLIAM DOUGLAS, TRUSTEE
330 BOLIVAR ST
JEFFERSON CITY, MO 65101
330 BOLIVAR ST
WANSING, KEVIN P
328 BOLIVAR ST
JEFFERSON CITY, MO 65101
328 BOLIVAR ST
WANSING, FRANKLIN G
310 BOLIVAR ST
JEFFERSON CITY, MO 65101
310 BOLIVAR ST
SCHNIEDERS, CLIFFORD J & MARY M, TRUSTEES
1020 BOONVILLE RD
JEFFERSON CITY, MO 65109
621 W MCCARTY ST
SCHNEIDER, GENE PAUL, TRUSTEE
301 CONSTITUTION DR
JEFFERSON CITY, MO 65109
623 W MCCARTY ST
629 W MCCARTY ST
JEFFERSON CITY DISTRIBUTORS INC
301 CONSTITUTION DR
JEFFERSON CITY, MO 65109
701 W MCCARTY ST
PLANNING STAFF REPORT
JEFFERSON CITY PLANNING AND ZONING COMMISSION
November 13,2014
Case No. P14018 -620 W. McCarty Street, Rezoning from PUD to C-2 and Comprehensive Plan
Amendment. Staff initiated proposal to rezone 0. 75 acres from PUD Planned Unit Development to C-2
General Commercial and an associated amendment to the Comprehensive Plan Development Plan Map to show
the property as Commercial. The property consists of a former city bus station and is located on the north side
of West McCarty Street 300 feet east of Bolivar Street. The property isdescribed as part oflnlots 424, 425,426
and 427, Jefferson City, Missouri.
Nature of Request
This property consists of the former bus station owned by the City of Jefferson. The City is in a position to sell
the property to a private owner who desires to convert the property into a restaurant. The plans have not been
finalized, but include a building addition and construction of a parking lot. In order to avoid the processing of
the development proposal under Planned Unit Development requirements, the future property owner has
requested a rezoning of the property to a standard commercial zoning district. Because the property is still
owned by the City, the proposal is being brought forward as a staff initiated rezoning request.
Zoning and Surrounding Land Use
Current Zoning: PUD
Requested Zoning: C-2
Surrounding_ Zoning.
North PUD
South C-3/C-2
East PUD
West PUD
Allowed Uses:
Current Use: Vacant Building
Intended Use: Restaurant
Surroundim~ Uses
Railroad Tracks
State Parking Lot I Commercial Buildings
Wears Creek I State Parking Lot
Railroad Tracks
Permitted uses within the C-2 General Commercial zoning district include general retail, offices, hotels, sit-
down or drive through restaurants, banks, automobile sales, automobile repair, contractor and trade shops, and
gas stations. Please see the Land Use Matrix in the Zoning Code for a more detailed list of permitted uses.
The C-1 Neighborhood Commercial zoning district allows for a variety of land uses including day care centers,
hoteVmotel (less than 50,000 sq. ft.), offices, banks, restaurants, general retail, personal services, and
laundromats. (please see exhibit 35-28 of the zoning code for a complete list of authorized uses)
Staff A I ' DalVSIS
Standard checklist for rezoning: Yes No Notes:
Complies with Comprehensive Plan X The Comprehensive Plan Development Plan
Map identifies this property as intended for
Public and Semi Public Use. The proposed
Comprehensive Plan Amendment would
designate the property as intended for
Commercial use.
Has access to necessary utilities X Necessary utilities serve the property.
Located outside flood zone X A significant portion of the property lies within
the Floodplain and Floodway.
Planning and Zoning Commission
Case No. Pl4018
Standard checklist for rezoning:
Meets district size requirement
Benefit to City is substantial when compared to
adverse effects on adjacent property
The rezoning would not be a grant of privilege to
the owner with little or no benefit to the public
After rezoning, the allowed uses would be
compatible with uses allowed in adjacent districts
After rezoning, the allowed uses would be
compatible with adjacent existing land uses
If not rezoned, the owner would be deprived of use
advantages enjoyed by surrounding owners
(reverse spot zoning)
The requested rezoning would be an expansion of
an existing district
Staff Recommendation
Yes No
X
X
X
X
X
X
X
Notes:
November 13,2014
Page2
The rezoning would be an extension of the
existing Commercial zoning across McCarty
Street.
The property is located on West McCarty Street,
which is classified as a Minor Arterial Street
and is adjacent to existing commercial uses.
The City would benefit from a commercial use
of the property.
The property is located on an arterial street near
existing commercial uses. Utilization of the
property in a commercial manner is ideal.
The majority of the Zoning in the area is PUD,
which is in place partly to ensure that
development within the Millbottom area is
compatible with the Capitol Complex and
Downtown environment.
The property is located within a commercial
area.
The property across McCarty Street enjoys a
standard commercial zoning without associated
PUD zoning restrictions.
Although separated by McCarty Street, the
property to the southwest is zoned C-2 General
Commercial.
The requested rezoning to C-2 General Commercial would allow development of the property without approval
of the specific development plan by the Planning and Zoning Commission and City Council. Given the
somewhat isolated location of the property, it is unlikely that the lack of review of the specific design of the
building and development plan (which is typically done for properties zoned PUD) would have a significant
effect on surrounding properties, the possible exception being signage. Tall pole signage near the Capitol has
the potential to interfere with the scenic view of the Capitol Building and Downtown skyline. The C-2 zoning
district permits pole signage at a height of 32 feet. A C-1 zoning of the property would limit the potential sign
height to 1 0 feet while still permitting the transformation of the property into a restaurant. A C-1 zoning would
also be more compatible with the surrounding PUD zoning, which has traditionally (in past zoning codes) been
tied to the C-1 district in terms of permitted uses.
Staff recommend consideration of a C-1 zoning of the property (rather than C-2) in order to better conform with
the PUD zoning of the area while still permitting the development of the property as a restaurant.
Form of Motion
1. Motion to approve the request to designate the property as Commercial on the Development Plan Map
of the Comprehensive Plan.
2. Motion to approve the request to rezone the property from PUD to C-2.
-or-
Motion to approve an amended request to rezoning the property from PUD to C-1.
PUBLIC HEARING/BILL SUMMARY
BIL NO: 2014-97
SP NSOR: Councilman Graham
SU Rezoning 0. 75 Acres of Land Addressed as 620 West McCarty Street
from PUD Planned Unit Development to C-2 General Commercial and
Endorsing an Associated Comprehensive Plan Amendment (Planning and
Zoning Commission Case No. P14018) ·
Sta f Recommendation: Approve rezoning to C-2.
Su mary: Standard ordinance amending the Zoning Map and endorsing an associated
ndment to the Comprehensive Plan Development Plan Map.
Bac ground Information: The subject property is located on the north side of West
Me arty Street 300 feet east of Bolivar Street. This property consists of the former bus
stati n owned by the City of Jefferson. The City is in a position to sell the property to an
indi idual who proposes using the building as a restaurant. The plans have not been
final zed, but include additions to the building and parking lot. To avoid the processing of
the evelopment proposal under Planned Unit Development requirements, the future
pro erty owner has requested a rezoning of the property to a standard commercial
zoni g district. Because the property is still owned by the City, the proposal is being
bro ght forward as a staff initiated rezoning request. Please see the attached Planning
Divi ion Staff Report for more complete information. Concerns by City staff about future
sign ge on the site have been addressed within the proposed development agreement.
Pia nin and Zonin Commission Review The Planning and Zoning Commission
revi wed the application for rezoning at their meeting of November 13, 2014. The motion
to a prove PASSED on a vote of four in favor, one against, and one abstaining (4-1-1).
Pub ic Notice Standard public notice procedures were followed in advance of the
Pia ning and Zoning Commission meeting and the City Council meetings. This includes
(1) ublication of the public notice agenda in the Jefferson City News Tribune 15 days in
adv nee of the hearing on the case; (2) notification by letter to adjoining and affected
pro erty owners within 185 feet, and (3) posting of a sign on the property announcing
the ate and time of the hearing 10 to 15 days in advance of the hearing.
Pub ic Comment Received
Ale Mastrogiannis, 2135 Missouri Boulevard, spoke in favor of this request.
No ne spoke in opposition to this request, and no correspondence was received.
allnformation: None
in of Request: Property Owner, through the Planning and Zoning Commission
De artment Responsible: Department of Planning and Protective Services
PE SON RESPONSIBLE: JANICE MCMILLAN/Eric Barron
ning & Zoning Commission Recommendation: Rezone to C-2., General
mercia!.