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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 1` • 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 5 of6 4 of6 6 of6 5 of6 6 of6 5 of6 2 of6 3 of6 5 of6 3 of 6 5 of6 3 of6 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!.