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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 4 of 5 3 of 5 5 of 5 5 of 5 5 of 5 4 of 5 4 of 5 5 of 5 3 of 5 3 of 5 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 ------ 1U > ____ ¢; 0 -J <! 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.