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HomeMy Public PortalAboutORD15454 BILL NO. 2015-65 SPONSORED BY Councilman Graham ORDINANCE NO. I S2-1-S`-1- 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 0.52 ACRES FROM C-2 GENERAL COMMERCIAL TO RA-1 HIGH DENSITY RESIDENTIAL, FOR LAND ADRESSED AS 2219 E. MCCARTY STREET, DESCRIBED AS LOTS 1 AND 2 OF DOEHLAS SUBDIVISION, 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-2 General Commercial to RA-1 Multi-Family Residential: Lots 1 and 2 of Doehlas Subdivision of part of Private Survey no. 2701, in the City of Jefferson, Missouri, per plat of record in plat book 5, page 41, Cole County Recorder's Office. Containing 0.52 acres, more or less. Section 2. This ordinance shall be in full force and effect from and after its passage and approval. Passed: Y i – i 4P –210 I 5-- Approved: I 1 –1(0--Ig " e- —Mar Presiding Officer Mayor Carrie Tergin ATTEST APPROVED AS TO FORM: qiryirk City Counselor NOTICE OF PUBLIC HEARINGS ON PLANNING AND ZONING MATTERS The City Council of the City of Jefferson, Missouri,will hold public hearings on the following planning and zoning matters on Monday, November 16, 2015 at 6:00 p.m. in the Council Chamber of the John G. Christy Municipal Building, 320 East McCarty Street, Jefferson City, Missouri. 1. 2301 AND 2305 EAST MCCARTY STREET—REZONING 0.49 ACRES FROM C-2 GENERAL COMMERCIAL TO RA-1 MULTI-FAMILY RESIDENTIAL AND AN ASSOCIATED COMPREHENSIVE PLAN AMENDMENT DESIGNATING THE AREA AS HIGH DENSITY RESIDENTIAL: Lots 18 and 19 of Doehlas Subdivision of Part of Private Survey No. 2701, per plat of record in Plat Book 5, Page 41, Cole County Recorder's Office. 2. 2219 EAST MCCARTY STREET — REZONING 0.52 ACRES FROM C-2 GENERAL COMMERCIAL TO RA-1 MULTI-FAMILY RESIDENTIAL: Lots 1 and 2 of Doehlas Subdivision of part of Private Survey no. 2701, in the City of Jefferson, Missouri, per plat of record in plat book 5, page 41, Cole County Recorder's Office. 3. 3219 MASONIC COURT — PRELIMINARY PUD PLAN. A Preliminary PUD Plan has been submitted for a new 12,130 square foot daycare center/preschool with parking lot and outdoor playgrounds, for property described as Lot 5 of Smith Place Addition, Section Five. 4. ZONING TEXT AMENDMENT.Amendments to the text of Chapter 35,Zoning, Section 35-28 Land Use Matrix pertaining to heavy equipment sales, rental and service; concrete and asphalt plants; solid waste disposal and composting sites; and Section 35-41 Specific Use Standards, pertaining to composting sites. The complete text of the amendments are available for review at the Department of Planning and Protective Services, 320 E. McCarty Street, or may be viewed at the Planning and Zoning Commission webpage at: www.jeffersoncitymo.gov. Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Please call (573) 634-6410 with questions regarding these matters. Phyllis Powell, City Clerk, City of Jefferson, Missouri P.T. - Friday, October 30, 2015 For contact information only. Department of Planning and Protective Services/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 EXCERPT OF UN -APPROVED MINUTES JEFFERSON CITY PLANNING AND ZONING COMMISSION October 8, 2015 5:15 p.m. COMMISSION MEMBERS PRESENT Bunnie Trickey Cotten Dean Dutoi Bob George Chris Jordan, Chairman Michael Lester Dale Vaughan Chris Yarnell, Vice Chairman Ron Fitzwater, Alternate Erin Wiseman, Alternate ATTENDANCE RECORD 2of3 2of3 3of3 3of3 3of3 2of3 3of3 1 of 3 3of3 COMMISSION MEMBERS ABSENT Jack Deeken 2 of 3 David Nunn 2 of 3 Blake Markus, Alternate 1 of 2 COUNCIL LIAISON Carlos Graham STAFF PRESENT Janice McMillan, Director of Planning & Protective Services Eric Barron, Senior Planner Bryan Wolford, Associate City Counselor Shane Wade, Civil Engineer II Anne Stratman, Administrative Assistant New Business/Public Hearings Case No. P15011 — 2301 and 2305 E. McCarty Street, Rezoning from C-2 to RA -1 and Comprehensive Plan Amendment. (Continued from September 10, 2015). Request filed by Price Development Company LLC, property owner, John Price, authorized representative, to rezone 0.49 acres from C-2 General Commercial to RA -1 Multi -family Residential and an amendment to the development plan map of the Comprehensive Plan to show the property as High Density Residential. The property is located at the northeast corner of the intersection of E. McCarty Street and Doehla Drive and is described as lots 18 and 19 of Doehlas Subdivision, Jefferson City, Missouri. Case No. P15014 — 2219 E. McCarty Street, Rezoning from C-2 to RA -1. Request filed by planning division staff to rezone 0.52 acres from C-2 General Commercial to RA -1 Multi -family Residential. The property is located at the northwest corner of the intersection of E. McCarty Street and Doehla Drive and is described as lots 1 and 2 of Doehlas Subdivision, Jefferson City, Missouri. Mr. Barron described the proposal and explained that Case No. P15011 was continued from the September 10, 2015 meeting in order to pair it with the staff initiated Case No. P15014. He stated that each case proposes to rezone the properties from C-2 General Commercial to RA -1 Multi- family Residential. Mr. Barron explained that the development plan map of the Comprehensive Plan shows the property at 2301 and 2305 E. McCarty Street as commercial and the property is currently vacant. Mr. Barron explained that the property at 2219 E. McCarty Street is shown as high density residential on the development plan map, but is zoned C-2 and developed with a residential four- plex. Mr. Barron explained that the purpose of the requests is to make the property at 2301 and 2305 E. McCarty Street available for multifamily use and to clear up the non -conforming zoning of the property at 2219 E. McCarty Street. Excerpt of Un -Approved Minutes/Jefferson City Planning & Zoning Commission Page 2 October 8, 2015 Mr. John Price, 3120 Arrowhead Drive, New Bloomfield, Missouri, spoke regarding this request and explained that the he purchased the lot at 2301 and 2305 E. McCarty Street in 2007. He stated that he later listed the property for sale as commercial. Mr. Price explained that since he has listed the property there has been no interest for a commercial development. He stated that he has been approached about potential multi -family residential development of the property, and is seeking a rezoning to a multi -family residential district in order to make the property available for a buyer interested in developing the property with duplexes or a 4-plex. No one spoke in opposition to this request and no correspondence was received. Mr. Barron gave the Planning Division staff reports for the two cases. Case No. P15011 - 2301 & 2305 E. McCarty Street Mr. Lester moved and Mr. Yarnell seconded to recommend approval to amend the Development Plan Map of the Comprehensive Plan to show the property as High Density Residential to the City Council. The motion passed 8-0 with the following votes: Aye: Cotten, Dutoi, Fitzwater, George, Lester, Vaughan, Yarnell, Wiseman Mr. Lester moved and Mr. Dutoi seconded to recommend approval of the request to rezone the property from C-2 General Commercial to RA -1 Multi -Family Residential to the City Council. The motion passed 8-0 with the following votes: Aye: Cotten, Dutoi, Fitzwater, George, Lester, Vaughan, Yarnell, Wiseman Case No. P15014 - 2219 E. McCarty Street Mr. Lester moved and Mr. Dutoi seconded to recommend approval of the request to rezone the property from C-2 General Commercial to RA -1 Multi -Family Residential to the City Council. The motion passed 8-0 with the following votes: Aye: Cotten, Dutoi, Fitzwater, George, Lester, Vaughan, Yarnell, Wiseman City of Jefferson Planning & Zoning Commission LOCATION MAP II PUD II __ II II ` II II � II II I II Case P15014 2219 E. McCarty St. II Existing Residential 4-pleex I I �I M-1 s II Fi s II r�Cn I ®` �o lRs-211 `T`MERESA ST \\\� Case No. P15011 and 2301 and 2305 E. McCarty Street Rezoning from C-2 to RA -1 and Comprehensive Plan Amendment -and- Case No. P15014 2219 E. McCarty St Rezoning from C-2 to RA -1 0 75 150 RS -2 O� ST <Q � GAS 0 % O Case P15011 2301 and 2305 E. McCarty Vacant Lot Tys T_ C-2 , pad 300 Feet Y ■ W+ E S City of Jefferson Planning & Zoning Commission VICINITY Case No. P15011 and P15014 2301/2305 and 2219 E. McCarty St Rezoning from C-2 to RA -1 Comprehensive Plan Amendment 0 230 460 920 Feet Staff Initiated Rezoning Property Address: 2219 E. McCarty Street Rezoning from C-2 to RA -1 Case No: P15014 Area proposed to be rezoned from C-2 General Commercial to RA -1 Multi -Family Residential by Planning Division Staff. The purpose of the staff initiated rezoning is to bring the existing residential four-plex use of the property into conformance with the Zoning Code and to match the recommended high density residential use outlined on the development plan map of the Comprehensive Plan. The proposed staff initiated rezoning consists of one parcel addressed as 2219 E. McCarty Street. The owner of the property to the east of the subject parcel (across Doehla Drive) has proposed a Comprehensive Plan amendment and rezoning of their property from C-2 to RA -1, which is taken up by a separate case (Case No. P15011). KdMDGIS, MO FMael ID 1105150003[t)"n !etl['99X N2 M-,33 01R 2035 SOWM9F. CtIGRLE50.l DOIIM>0. S�FRlN9 ESI,Et On'�er Meme RVS E S Mnlmp itlCres x021 WP11D5VItlF 0.D Spuve Feet (Alo.e Wtle( 5.-0 OtY Sttle 21F IEREA.5011 CM, MO 65t01 Eta Ent T p Ilene Roperty Md 2219 E Mw St Fmp Bvnre. Sae 5eppmyen DOEM45 Yex &W! l9]6 SWrvman lme0e WFMIPS DeteCWFUE 111/2015 CM :50 9repaely Cev:gm IOtS 1 S. 2; F!. M2701 PepeM1V Vtlua (IaN] b: 0 Pe: SIe.000 C! FD pcak.Ope Date SH -64M OVWI"2 FaryRy veh:et (Imwe..l e9: 50 w.: S1e6A pgM1-0e9e pate 569 -SBS OL3J/2030 tppwfe6 YYw FIWAW (rNn�Mp MpwNt r,M+.dm M,avrm.6wmwvsmtP+ra,G i6:nme• Mp So'e w9de.a,..Mroe...0 xe r.�rawmw,6u...,mn.:v,.✓. a....dc.:<.-v..+..:+a• Era=m5.� ln2 li TO: Jefferson City Planning and Zoning Commission Attn: Eric Barron, Senior Planner 320 E. McCarty Street Jefferson City, MO 65101 As discussed with Planning Division Staff on Tuesday, September 8, i am in agreement with a staff proposed rezoning of my property located at 2219 E. McCarty Street, which is currently developed with a four unit residential apartment building, from C-2 General Commercial to RA -1 Multi -Family Residential in conjunction with the proposed rezoning of the property next door (addressed as 2301 and 2305 E. McCarty Street). Roger Schrimpf Dat City of Jefferson Department of Planning 8 Protective Services 320 E. McCarty St. Jefferson City, MO 65101 September 24, 2015 Dear Property Owner: Carrie Terpin, 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 5:15 p.m. on Thursday, October 8, 2015 in the Council Chambers of the John G. Christy Municipal Building, 320 East McCarty Street, to consider the following matters (see map on back): Case No. P16011 — 2301 and 2305 E. McCarty Street, Rezoning from C-2 to RA -1 and Comprehensive Plan Amendment. (Continued from September 10 meeting so that staff could file request to rezone neighboring property) Request filed by Price Development Company LLC, property owner, John Price, authorized representative, to rezone 0.49 acres from C-2 General Commercial to RA -1 Multi -family Residential and an amendment to the development plan map of the Comprehensive Plan to show the property as High Density Residential. The property is located at the northeast corner of the intersection of E. McCarty Street and Doehla Drive and is described as lots 18 and 19 of Doehlas Subdivision, Jefferson City, Missouri. -and- Case No. P15014 — 2219 E. McCarty Street, Rezoning from C-2 to RA -1. Request filed by planning division staff to rezone 0.52 acres from C-2 General Commercial to RA -1 Multi- family Residential. The property is located at the northwest corner of the intersection of E. McCarty Street and Doehla Drive and is described as lots 1 and 2 of Doehlas Subdivision, Jefferson City, Missouri. As a nearby landowner and/or neighbor, you have the privilege of attending this hearing. Unfortunately, we are unable to record comments received by telephone, however, written comments may be directed to the Planning and Zoning Commission in one of the following ways: e-mail: jcplanning@jeffcitymo.org fax: Dept. of Planning and Protective Services / Planning Division 573-634-6457 mail: Dept. of Planning and Protective Services / Planning Division John G. Christy Municipal Building, 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 November 16, 2015. The City Council meets at 6:00 p.m. in the Council Chambers of the John G. Christy Municipal Building, 320 East McCarty Street. Information regarding this case may be viewed on the Planning and Zoning Commission webpage at: www.jeffersoncitymo.gov. If you have any questions concerning this matter, please feel free to contact us at 573.634.6475. Sincerely, Esc gla_� Eric Barron, AICP Senior Planner Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Please call (573) 634-6410 with questions regarding agenda items. Jefferson City Planning & Zoning Commission Page 1 Property Owners List Case No. P15011 2301 & 2305 E. McCarty Street Case No. P15014 2219 E. McCarty Street September 10, 2015 GILMORE, LARRY D BRANDT, GREG B & STACEY M RICHARDS MAJERSKY, PAULA J 2309 E MCCARTY ST 2322 ST LOUIS RD JEFFERSON CITY, MO 65101 JEFFERSON CITY, MO 65101 2309 E MCCARTY ST 2322 ST LOUIS RD GRIGGS, STEPHEN L & KAREN L DAISY PROPERTY MANAGEMENT L L C 356 E SIMON BLVD 2715 E MCCARTY ST HOLTS SUMMIT, MO 65043 JEFFERSON CITY, MO 65101 107 DOEHLA DR 2304 E MCCARTY ST SCHRIMPF, CHARLES R & DONNA R, TRUSTEES GRAESSLE, THOMAS F & AGNES J 4023 WARDSVILLE RD 2222 E MCCARTY ST JEFFERSON CITY, MO 65101 JEFFERSON CITY, MO 65101 2219 E MCCARTY ST 2222 E MCCARTY ST PRICE DEVELOPMENT CO L L C MIDWEST BUILDING BLOCK CO 3120 ARROWHEAD DR PO BOX 2290 NEW BLOOMFIELD, MO 65063 JEFFERSON CITY, MO 65102 2301 E MCCARTY ST (Subject Property) 2203 E MCCARTY ST BRANDT, TERRY & ERIN E POETTGEN, FELICIA M 108 DOEHLA DR 220 SCHAEFER CT JEFFERSON CITY, MO 65101 JEFFERSON CITY, MO 65101 108 DOEHLA DR 2216 E MCCARTY ST MAHANEY, STEPHANIE Y 110 DOEHLA DR JEFFERSON CITY, MO 65101 110 DOEHLA DR SCHNIEDERS, GARY A & CYNTHIA M 2708 LAKELAND DR JEFFERSON CITY, MO 65109 114 DOEHLA DR GREEN, KEVIN L & KELLY L PARKER, GENE B & LORRAINE M 2311 E MCCARTY ST 113 DOEHLA DR JEFFERSON CITY, MO 65101 JEFFERSON CITY, MO 65101 2311 E MCCARTY ST 113 DOEHLA DR DIAMOND R EQUIPMENT L L C FOSTER, KELLIE L 4012 HWY 63 111 DOEHLA DR FREEBURG, MO 65035 JEFFERSON CITY, MO 65101 2312 E MCCARTY ST 111 DOEHLA DR 2302 MCCARTY ST REAR GRIGGS, STEPHEN L & KAREN L DAISY PROPERTY MANAGEMENT L L C 356 E SIMON BLVD 2715 E MCCARTY ST HOLTS SUMMIT, MO 65043 JEFFERSON CITY, MO 65101 107 DOEHLA DR 2304 E MCCARTY ST SCHRIMPF, CHARLES R & DONNA R, TRUSTEES GRAESSLE, THOMAS F & AGNES J 4023 WARDSVILLE RD 2222 E MCCARTY ST JEFFERSON CITY, MO 65101 JEFFERSON CITY, MO 65101 2219 E MCCARTY ST 2222 E MCCARTY ST PRICE DEVELOPMENT CO L L C MIDWEST BUILDING BLOCK CO 3120 ARROWHEAD DR PO BOX 2290 NEW BLOOMFIELD, MO 65063 JEFFERSON CITY, MO 65102 2301 E MCCARTY ST (Subject Property) 2203 E MCCARTY ST BRANDT, TERRY & ERIN E POETTGEN, FELICIA M 108 DOEHLA DR 220 SCHAEFER CT JEFFERSON CITY, MO 65101 JEFFERSON CITY, MO 65101 108 DOEHLA DR 2216 E MCCARTY ST MAHANEY, STEPHANIE Y 110 DOEHLA DR JEFFERSON CITY, MO 65101 110 DOEHLA DR SCHNIEDERS, GARY A & CYNTHIA M 2708 LAKELAND DR JEFFERSON CITY, MO 65109 114 DOEHLA DR Case No. P15011 and P15014 2301/2305 and 2219 E. McCarty St Rezoning from C-2 to RA -1 Comprehensive Plan Amendment 185 ft. Notification Buffer N W+ ; E 5 0 40 80 160 240 320 Feet PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION October 8, 2015 Case No. P15014 — 2219 E. McCarty Street, Rezoning from C-2 to RA -1. Request filed by planning division staff to rezone 0.52 acres from C-2 General Commercial to RA -1 Multi -family Residential. The property is located at the northwest corner of the intersection of E. McCarty Street and Doehla Drive and is described as lots 1 and 2 of Doehlas Subdivision, Jefferson City, Missouri. Nature of Request This is a staff initiated request to rezone the property in order to bring the non -conforming multi -family residential use into conformance with the Zoning Code and to match the proposed zoning on the opposite of Doehla Drive. Zoning History The property has been zoned C-2 General Commercial since incorporation into the City in 1968. The property was developed with a residential four-plex in 1976.. Zoning and Surrounding Land Use Current Zoning: C-2 Requested Zoning: RA -1 Current Use: Vacant Intended Use: Multi -family Residential Surrounding Zoning Surrounding Uses North RS -2 Single Family Residential South C -2/M-1 Commercial Businesses East M-1 Midwest Block and Brick West C-2 Vacant — Planned for multi -family residential Allowed Uses: The RA -1 district permits multi -family residential buildings with four units or less and a maximum density of 12 units per acre. c.�rr ♦ �_�____ Mall t%1141Y3113 Standard checklist for rezoning: Yes No Notes: Complies with Comprehensive Plan X The Comprehensive Plan development plan map identifies this property as intended for Multi- family residential use. Has access to necessary utilities X Necessa utilities serve the property. Located outside flood zone X The property does not lie within the 100 year floodplain. Meets district size requirement X The minimum size for the RA -1 district is one acre. Although the property consists of less than one acre, when combined with the property across Doehla Drive the district exceeds the minimum one acre requirement. Planning and Zoning Commission Case No. P 15014 October 8, 2015 Page 2 Standard checklist for rezoning: Yes No Notes: Benefit to City is substantial when compared to X The City would benefit from the continuation of adverse effects on adjacent property this property as a multi -family residential use, which would be more compatible with adjacent residential uses. After rezoning, the allowed uses would be X The adjacent property to the north is zoned compatible with uses allowed in adjacent districts residential and the property to the east is planned for development in a multi -family residential manner. After rezoning, the allowed uses would be X The current land use of the properties to the compatible with adjacent existing land uses north and east is residential. If not rezoned, the owner would be deprived of use X The property to the north is used residentially. advantages enjoyed by surrounding owners (reverses of zoning) The requested rezoning would be an expansion of X When combined with the proposed rezoning to an existing district the east, the district would exceed the minimum one acre requirement. Staff Recommendation Staff supports the requested rezoning. The request would eliminate the non -conforming situation with the existing four-plex being on property zoned C-2 and would be more compatible with the residential property to the north and the planned residential development of the property to the east. The proposed rezoning is in conformance with the Comprehensive Plan. Form of Motion 1. Motion for approval of the request to rezone the property from C-2 General Commercial to RA -1 Multi - Family Residential.