HomeMy Public PortalAboutORD15479 BILL NO. 2015-90
SPONSORED BY COUNCILMAN , rGrraa/ham
J 'T
ORDINANCE NO. /
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 0.13 ACRES OF LAND ADDRESSED AS 2104
INDUSTRIAL DRIVE FROM RS-3 SINGLE FAMILY RESIDENTIAL TO C-1
NEIGHBORHOOD COMMERCIAL AND ENDORSING AN ASSOCIATED
COMPREHENSIVE PLAN AMENDMENT; DESCRIBED AS PART OF THE
SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 44 NORTH, RANGE 12 WEST,
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.
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 RS-3 Single
Family Residential to C-1 Neighborhood Commercial:
That portion of the following described property currently zoned RS-3: Part of the
Southeast Quarter of Section 2, Township 44, Range 12, in the City of Jefferson,
Missouri, per record in deed Book 200, Page 564, all in the Cole County
Recorder's Office, Cole County, Missouri and more particularly described as
follows: From a point on the east line of said section, 599.5 south of the northeast
corner of the southeast quarter of the southeast quarter of said section; thence
North 79° West (magnetic) 837.5 feet to a point on the northerly right of way line
of the Missouri Pacific Railway to a 1 and 1/2 inch pinched gas pipe being the
point of beginning of this description; thence North 04°21'57" West, 320.00 feet
to a 'h inch rebar; thence South 85°38'03" West, 139.05 feet to a A inch rebar;
thence South 12°58'49" West, 25.00 feet to a A rebar; thence South 03°49'21"
East, 229.37 feet to a cotton gin spindle in concrete; thence South 79° East,
47.49 feet to a ''A inch rebar; thence South 10°55'16" West to a ''A inch rebar
being on the said northerly right of way of said Missouri Pacific Railway; thence
on said northerly right of way, South 79° East, 113.54 feet to the point of
beginning of this description. Containing 43048.4 square feet or 0.9883 acres
more or less. That portion of the property currently zoned RS-3 consisting of 0.13
acres, more or less.
Section 2. An amendment to the Comprehensive Plan Development Plan Map is
hereby endorsed to reflect the changes for the area described in Section 1 as
Commercial.
Section 3. This ordinance shall be in full force and effect from and after its
passage an
d approva1Passed: i /y/ Approved: lint - (0/ r6
Coni v t( l rick L✓l O,,��v v vte �% U
1 i
Presiding Officer U Mayor Carrie Tergin
ATTEST: .,11 APPROVED AS a "•RM:
dit ,;(ii:W--11-4, . 4frfil ./
City Clerk 27:-._ T'— – City Counselor
NOTICE OF PUBLIC HEARING 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, January 4, 2016 at 6:00 p.m. in the Council Chamber of the John G. Christy
Municipal Building, 320 East McCarty Street, Jefferson City, Missouri.
2104 INDUSTRIAL DRIVE — REZONING 0.13 ACRES FROM RS-3 SINGLE FAMILY RESIDENTIAL
TO C-1 NEIGHBORHOOD COMMERCIAL AND AN ASSOCIATED COMPREHENSIVE PLAN
AMENDMENT DESIGNATING THE AREA AS COMMERCIAL: That portion of the following described
property currently zoned RS-3: Part of the Southeast Quarter of Section 2,Township 44, Range 12,
in the City of Jefferson, Missouri, per record in deed Book 200, Page 564, all in the Cole County
Recorder's Office, Cole County, Missouri and more particularly described as follows: From a point
on the east line of said section, 599.5 south of the northeast corner of the southeast quarter of the
southeast quarter of said section; thence North 79° West (magnetic) 837.5 feet to a point on the
northerly right of way line of the Missouri Pacific Railway to a 1 and '% inch pinched gas pipe being
the point of beginning of this description; thence North 04°21'57" West, 320.00 feet to a '/� inch
rebar; thence South 85°38'03"West, 139.05 feet to a '/ inch rebar; thence South 12°58'49" West,
25.00 feet to a 1/2 rebar; thence South 03°49'21" East, 229.37 feet to a cotton gin spindle in
concrete; thence South 79° East, 47.49 feet to a '/ inch rebar; thence South 10°55'16"West to a ''/2
inch rebar being on the said northerly right of way of said Missouri Pacific Railway; thence on said
northerly right of way, South 79° East, 113.54 feet to the point of beginning of this description.
Containing 43048.4 square feet or 0.9883 acres more or less. That portion of the property currently
zoned RS-3 consisting of 0.13 acres, more or less.
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, December 18, 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
December 1 0, 2015
COMMISSION MEMBERS PRESENT
Bunnie Trickey Cotten
Jack Deeken
Dean Dutoi
Bob George
Chris Jordan, Chairman
Michael Lester
David Nunn
Dale Vaughan
Chris Yarnell, Vice Chairman
Ron Fitzwater, Alternate
Blake Markus, Alternate
Erin Wiseman, Alternate
COUNCIL LIAISON
Carlos Graham
STAFF PRESENT
5:15p.m.
Chief Matt Schofield, Jefferson City Fire Department
Eric Barron, Senior Planner
Bryan Wolford, Associate City Counselor
Anne Stratman, Administrative Assistant
New Business/Public Hearings
ATTENDANCE RECORD
4 of 5
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3 of 5
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4 of 5
Case No. P15021 -2104 Industrial Drive, Rezoning from RS-3 to C-1 and Comprehensive
Plan Amendment. Staff initiated proposal to rezone approximately 0.13 acres from RS-3 Single
Family Residential to C-1 Neighborhood Commercial in order to expand the existing C-1 zoning
on the property and an associated amendment to the Comprehensive Plan Development Plan
Map to show the property as Commercial. The property consists of Old Fire Station Number 3
and is located on the north side of Industrial Drive 1000 feet west of Dix Road. The property is
described as part of the Southeast Quarter of Section 2, Township 44 North, Range 12 West,
Jefferson City, Missouri.
Mr. Barron described the proposal and explained that the City of Jefferson owns the subject
property and has operated a fire station on the property since the 1960's. He stated that a cellular
tower is also located toward the rear of the property. Mr. Barron explained that the City intends to
split the property so that the fire station and cellular tower will be on separate tracts. He stated that
the City is in final negotiations regarding the sale of the fire station portion of the property. Mr.
Barron explained that a previous case in 2014 rezoned the fire station portion of the property from
RS-3 to C-1, however, the boundaries of the property being offered for sale have changed, with an
additional 0.13 acres being added to the property. He stated that this request would rezone the
additional 0.13 acres in order to match the C-1 zoning of the rest of the portion of the property being
sold. Mr. Barron explained that a variance of 7.6 feet to allow a setback of 2.4 feet from the new
property line was approved by the Board of Adjustment on December 8, 2015.
No one spoke in opposition to this request and no correspondence was received.
Mr. Dutoi moved and Mr. Nunn seconded to approve the comprehensive plan amendment
request to show the property as Commercial on the development plan map. The motion passed 8-0
with the following votes:
Aye: Cotten, Deeken, Dutoi, George, Lester, Nunn, Vaughan, Yarnell
Mr. Dutoi moved and Mr. George seconded to recommend approval to rezone the property from
RS-3 to C-1 to the City Council. The motion passed 8-0 with the following votes:
Aye: Cotten, Deeken, Dutoi, George, Lester, Nunn, Vaughan, Yarnell
City of Jefferson
Planning and Zoning Commission
Location Map
Case No. P15021
2104 Industrial Drive
Rezoning from RS-3 to C-1
0 70 140 280 Fe et -=:::::::.-==----
City of Jefferson Planning & Zoning Commission
VICINITY
2104 Industrial Drive
Rezoning from RS-3 to C -1 and
Comprehensive Plan Amendment
960 Feet
City of Jefferson
Department of Planning & Protective Services
320 E. McCarty St.
Jefferson City, MD 65101
November 24, 2015
Dear Property Owner:
Carrie Tergin, 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 wi ll meet at 5:1 5p.m.
on Thu r sday , Decembe r 10 , 2015 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. P15021 -2104 Industrial Drive, Rezoning from RS-3 to C-1 and
Comprehensive Plan Amendment. Staff initiated proposal to rezone app roximately
0.13 acres from RS-3 Single Family Residentia l to C-1 Ne ighb orhood Commercial in
order to expand the ex is ting C-1 zoning on the property and an asso ciated amendment to
the Comprehensive Plan Development Plan Map to show the property as Commercial.
The property consists of Old Fire Station Number 3 and is located on the north side of
Industrial Drive 1000 feet west of Dix Road . The property is described as part of th e
Southeast Quarter of Section 2 , Township 44 North , Range 12 West, Jefferson City,
Missouri .
As a ne arby landowner and/or neighbor, you have the privilege of attending th is hearing. Unfortunately,
we are unable to record comments received by telephone, however, writte n commen ts may be di rec ted to
the Planning and Zoning Commission in one of the following ways :
e-mail: jcplanning@jeffcitymo.org
fax : Dept. of Planning and Protective Services I Planning Division 573 -634-645 7
mail: Dept. of Planning and Protective Services I Pla nning Division
John G . Christy Municipal Building , 320 E. McCarty Street Jefferson City , MO 65101
Written co mments rece ived on or before 1:00 p.m. on the day of the meeting will be made a part of the
official reco r d 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 re ceived after 1 :0 0 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 tentative ly scheduled for a public hearing in front of the City Council on
January 4, 2016. The City Council meets at 6:00 p.m. in the Council Chambers of the Joh n G. Christy
Municipal Building, 320 East McCarty Street.
Information regar ding thi s case may be viewed on the Planning and Zon ing Commission we bpage at:
www.jefferso ncitymo.gov.
If you have any questions co ncern ing thi s matter, please feel fre e to contact us at 573 .634 .6475 .
Sincerely,
C~B~
Eric Barron , AICP
Senior Planner
Indiv idua ls s h ould contact th e ADA Coord inator a t (573 ) 634-6570 to requ est accommod ation s or a lternative forma ts
as requ ired unde r the America n s with Di sa bilities Act. Pl ease a ll ow three bus iness days to p rocess th e re quest.
Please ca ll (573 ) 634-6410 with questions regarding agenda items.
City of Jefferson
Staff Initiated Rezoning
Property Address: 2104 Industria l Drive
Rezoning from RS-3 to C-1
Case No: P15021
Staff Contact: Eric Barron, Senior Planner
573-634-6419
Summary of Request :
Area proposed to be rezoned from RS-3 Single Family Residential to C-1 Neighborhood Commercial by
Planning Division Staff. The purpose of the staff initi ated rezoning request is to accommodate the
conversion of the former fire station structure to a commercial use including sa le of the property from
the City to a private entity.
A previous staff initiated rezoning approved in July/ August of 2014 rezon ed the front portion of the fire
station property to C-1. This request wou ld expand the existing C-1 zoning by approximately 0.13 acres
in order to match the future property lin e of the portion of the property to be sold. The remainder of
the property located to the rear and including an existing cellular tower, wo uld remain in City ownership
and would remain zo ned RS-3 Single Family Residential.
Area Proposed For
Rezoning From
RS -3 to C-1
..
Jefferson City Planning & Zoning Commission
Property Owner List
Page 1
Case No. P15021 2104 Industrial Drive December 10, 2015
FOX, WENDY
205 DONALD AVE
JEFFERSON CITY, MO 65109
205 DONALD AVE
KUTSCHER, RICHARD G
207 DONALD AVE
JEFFERSON CITY, MO 65109
207 DONALD AVE
SCHEDLER, SARAH M
209 DONALD AVE
JEFFERSON CITY, MO 65109
209 DONALD AVE
MUCK, OSCAR W JR & JUANITA E
211 DONALD AVE
JEFFERSON CITY, MO 65109
211 DONALD AVE
KRUEGER, SARAH
213 DONALD AVE
JEFFERSON CITY, MO 65109
213 DONALD AVE
AZAR, MICHAEL & JENNIFER
215 DONALD AVE
JEFFERSON CITY, MO 65109
215 DONALD AVE
WARREN, JACK LEE & VICKI C
120 DONALD AVE
JEFFERSON CITY, MO 65109
120 DONALD AVE
HAMBLIN, ELIZABETH
202 DONALD AVE
JEFFERSON CITY, MO 65109
202 DONALD AVE
OWENS, REX B & JAN ELL K
TRUSTEES
405 CRYSTAL VIEW TER
JEFFERSON CITY, MO 65109
204 DONALD AVE
FAERBER, SUSAN R
206 DONALD AVE
JEFFERSON CITY, MO 65109-0944
206 DONALD AVE
WILLI BRAND PROPERTIES L L C
PO BOX 128
WESTPHALIA, MO 65085
208 DONALD AVE
OWENS, REX B & JAN ELL K, TRUSTEES
405 CRYSTAL VIEW TER
JEFFERSON CITY, MO 65109
210 DONALD AVE
HODGE, GEORGE W & MARCELLA C
212 DONALD AVE
JEFFERSON CITY, MO 65109
212 DONALD AVE
SPINNER, VICTORIA
214 DONALD AVE
JEFFERSON CITY, MO 65109
214 DONALD AVE
NOLL, EDITH, TRUSTEE
216 DONALD AVE
JEFFERSON CITY, MO 65109
216 DONALD AVE
CITY OF JEFFERSON
FIRE DEPT STATION 3
320 E MCCARTY ST
JEFFERSON CITY, MO 65101
2104 INDUSTRIAL DR
HOWERTON, RICHARD A
PROPERTIES & DEVELOPMENT INC
PO BOX 574
JEFFERSON CITY, MO 65102
2112 INDUSTRIAL DR
FAITH LUTHERN CHURCH
2027 INDUSTRIAL DR
JEFFERSON CITY, MO 65109
2027 INDUSTRIAL DR
Jefferson City Planning & Zoning Commission
Property Owner List
Case No. P15021 2104 Industrial Drive
JAM PAM L L C
10706 MARINA RD
JEFFERSON CITY, MO 65101
2105 INDUSTRIAL DR
F & F DEVELOPMENT L L C
C/0 FEDERAL EXPRESS CORPORATION
3965 AIRWAYS BLVD
TAX DEPT
MEMPHIS, TN 38116
303 NORMAN DR
Page 2
December 10, 2015
Case No. P15021
2104 Industrial Drive
Rezoning from RS-3 to C-1 and
Comprehensive Plan Amendment
185 ft. Notification Buffer
I
0 45 90 180 270 360
Feet ------
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0
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2:
0
0
PLANNING STAFF REPORT
JEFFERSON CITY PLANNING AND ZONING COMMISSION
December 10, 2015
Case No. P15021 -2104 Industrial Drive, Rezoning from RS-3 to C-1 and Comprehensive Plan
Amendment. Staff initiated proposal to rezone approximately 0.13 acres from RS-3 Single Family Residential
to C-1 Neighborhood Commercial in order to expand the existing C-1 zoning on the property and an associated
amendment to the Comprehensive Plan Development Plan Map to show the property as Commercial. The
property consists of Old Fire Station Number 3 and is located on the north side of Industrial Drive 1000 feet
west of Dix Road. The property is described as part of the Southeast Quarter of Section 2, Township 44 North,
Range 12 West, Jefferson City, Missouri.
Nature of Request
The City of Jefferson owns the subject property and have operated a fire station on the property since the
1960's. A cellular tower is also located toward the rear of the property. With the construction of new Fire
Station #3 on Rock Hill Road/Highway 179, the existing fire station on this property is no longer required. The
City intends to split the property so that the fire station and cellular tower will be on a separate tracts, and the
City is in final negotiations regarding the sale of the fire station portion of the property. A previous case in
2014 rezoned the fire station portion of the property from RS-3 to C-1, however, the boundaries of the property
being offered for sale have changed, with an additional 0.13 acres being added to the property. This request
would rezone the additional 0.13 acres in order to match the C-1 zoning of the rest of the portion of the property
being sold.
Zoning and Surrounding Land Use
Current Zoning: RS-3
Requested Zoning: C-1
Surrounding Zoning
North RS-3
South M-2
East RS-3
West C-0
Allowed Uses:
Current Use: Old Fire Station
Intended Use: General Retail
Surrounding Uses
Single Family Residential
Church, Fed-Ex Distribution Facili!Y
Single Family Residential
Office Building
The C-1 Neighborhood Commercial zoning district allows for a variety of land uses including day care centers,
hotel/motel (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)
St ff A I . a nalVSIS
Standard checklist for rezoning: Yes No Notes:
Complies with Comprehensive Plan X The Comprehensive Plan currently identifies
this property as intended for Public and Semi
Public use. An amendment to show the
property as intended for Commercial use is
proposed.
Has access to necessary utilities X The property is currently served by necessary
utilities.
Located outside flood zone X The property does not lie within the 1 00 year
floodplain.
Meets district size requirement X When combined with the rest of the front tract,
the area exceeds the minimum district size for
the C-1 district of 1 acre.
Benefit to City is substantial when compared to X The rezoning would be more compatible with
adverse affects on adjacent property the adjacent commercial and industrial uses than
the current single family zoning.
Planning and Zoning Commission
Case No. P15021
Standard checklist for rezoning:
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 rezonmg, the allowed uses would be
com_patible 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
Comprehensive Plan Amendment:
Yes No
X
X
X
X
X
Notes:
December 10, 2015
Page2
The rezoning would be more compatible with
the adjacent commercial and industrial uses than
the current single family zoning.
The property to the east is zoned Office
Commercial and the property to the south is
zoned Manufacturing.
Existing uses along Industrial Drive include a
mix of Commercial and Industrial uses.
Given the location on Industrial Drive and
adjacent commercial uses, it would be difficult
to develop the property in a single family
residential manner.
The rezoning would not match the adjacent C-0
or M-2 districts, but would be supported by the
mixed commercial and industrial uses along
Industrial Drive.
The proposed Comprehensive Plan Amendment to change the intended use of the property from Public I Semi-
Public to Commercial is supported by the commercial designation of adjacent property to the west along the
north side of Industrial Drive.
Rezoning Request:
Rezoning of the property to C-1 would seem appropriate given the commercial and industrial nature of existing
uses along Industrial Drive and the C-1 zoning established for the rest of the front tract of property in 2014.
The existing building on the property also lends itself to a commercial (rather than Residential) use.
Staff Recommendation
Form of Motion
1. Motion to approve the comprehensive plan amendment request to show the property as Commercial on
the development plan map.
2. Motion to approve the request to rezone the property from RS-3 to C-1.