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Home My Public Portal AboutORD15565 BILL NO. 2016-43 SPONSORED BY Councilman Graham ORDINANCE NO. I �CP 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 0.67 ACRES OF LAND ADDRESSED AS 2521 EAST MCCARTY STREET FROM RS-2, SINGLE FAMILY RESIDENTIAL TO C-2, GENERAL COMMERCIAL, AND ENDORSING AN ASSOCIATED COMPREHENSIVE PLAN AMENDMENT. 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 RS-2 Single Family Residential to C-2 General Commercial: Part of Reserved Tract 1 and part of Reserved Tract 2 of Mount Hope Heights Subdivision, Jefferson City, Cole County, Missouri, more particularly described as follows: Beginning at the Northeast Corner of Lot 59, Mount Hope Heights Subdivision; thence northwest along the northern boundary of lots 59, 60, 61, and 62 to the northwest corner of Lot 62 of said Mount Hope Heights Subdivision, also being the southeast corner of property described in Book 168, Page 306, Cole County Recorders Office; thence northeasterly along the boundary of said property described in Book 168, Page 306, 102.5 feet, more or less, to the northeast corner of said property described in Book 168, Page 306, also being the southerly boundary of property described in Book 663, Page 707, Cole County Recorder's Office; thence southeasterly along the southern boundary of said property described in Book 663, Page 707, 300 feet, more or less, to the southeasterly corner of said property described in Book 663, Page 707; thence northeasterly along the eastern boundary of said property described in Book 663, Page 707, 30 feet, more or less, to the boundary of property rezoned by Council Ordinance 12118; thence southeasterly along the boundary of said property rezoned by Council Ordinance 12118, 157.42 feet to a corner thereof; thence southwesterly, along the northerly extension of the easterly line of Lot 59, Mount Hope Heights Subdivision, to the northeasterly corner of said Lot 59, and the beginning point of this description. Containing 0.67 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 and approval. Passed: , 1 pego Approved: „Jeipe. 70)301 C I _ :-/e•-•-,4i ✓L. - -/ ojimccrint4;; P e•..iding.Officer;-: ', Mayor Carrie Tergin - ;ST:_:-2.- )�\ _ ` APPROVED TO FORM: fr i l'y Clerk-_ ,_. Int- im City Counselor 1 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, September 19, 2016 at 6:00p.m. in the Council Chamber of the John G. Christy Municipal Building, 320 East McCarty Street, Jefferson City, Missouri. 1. 2500 BLOCK OF HIDEAWAY COURT-REZONING 1.12 ACRES FROM RA-2 HIGH DENSITY RESIDENTIAL TO C-2 GENERAL COMMERCIAL AND AN ASSOCIATED COMPREHENSIVE PLAN AMENDMENT DESIGNATING THE AREA AS COMMERCIAL: A tract of land being a part of a tract of land as described in Book 663, at Page 707 (also known as Document 201603128}, Cole County records, said tract being a part of Reserved Tract #1, of ~~Mount Hope Heights," a subdivision of record in Cole County, Missouri, and tract being more particularly described as follows: Beginning at an existing iron pin at the easternmost corner of said Reserved Tract #1 of said subdivision; thence S29°11'31"W, 162.09 feet, to an existing iron pin in the northern line of a tract of land as described in Book 375, at Page 494, Cole County records; thence N60°47'16"W, 300.26 feet, to an iron pin at the northernmost corner of a tract of land as described in Book 398, at page 283, Cole County records; thence N29°11 '31"E, 161.87 feet, to the point of beginning. Containing 1.12 acres. 2. 2521 EAST McCARTY STREET -REZONING 0.67 ACRES FROM RS-2 SINGLE FAMILY RESIDENTIAL TO C-2 GENERAL COMMERCIAL AND AN ASSOCIATED COMPREHENSIVE PLAN AMENDMENT DESIGNATING THE AREA AS COMMERCIAL: Part of Reserved Tract 1 and part of Reserved Tract 2 of Mount Hope Heights Subdivision, Jefferson City, Cole County, Missouri, more particularly described as follows: Beginning at the Northeast Corner of Lot 59, Mount Hope Heights Subdivision; thence northwest along the northern boundary of lots 59, 60, 61, and 62 to the northwest corner of Lot 62 of said Mount Hope Heights Subdivision, also being the southeast corner of property described in Book 168, Page 306, Cole County Recorders Office; thence northeasterly along the boundary of said property described in Book 168, Page 306, 102.5 feet, more or less, to the northeast corner of said property described in Book 168, Page 306, also being the southerly boundary of property described in Book 663, Page 707, Cole County Recorder's Office; thence southeasterly along the southern boundary of said property described in Book 663, Page 707, 300 feet, more or less, to the southeasterly corner of said property described in Book 663, Page 707; thence northeasterly along the eastern boundary of said property described in Book 663, Page 707, 30 feet, more or less, to the boundary of property rezoned by Council Ordinance 12118; thence southeasterly along the boundary of said property rezoned by Council Ordinance 12118, 157.42 feet to a corner thereof; thence southwesterly, along the northerly extension of the easterly line of Lot 59, Mount Hope Heights Subdivision, to the northeasterly corner of said Lot 59, and the beginning point of this description. Containing 0.67 acres, more or less. 3. 910 FAIRGROUNDS ROAD-PRELIMINARY PUD PLAN FOR A CONVENIENCE STORE: Part of the west half of the southeast quarter of Section 8, Township 44 North, Range 12 West, Cole County, Missouri, more particularly described as follows: From the southwest corner of the southeast quarter of said Section 8; thence north 85 degrees 05 minutes 19 seconds east, along the section line, 245.04 feet to a point on the westerly line of an abandoned railroad right-of-way; thence north 19 degrees 53 minutes 53 seconds east, along said right-of-way line, 414.32 feet; to a point on the north right-of-way line of South Country Club Drive as recorded in Book 298, Page 820, Cole County Recorder's Office; thence along said northerly line north 70 degrees 27 minutes 07 seconds west, 20.00 feet to the point of beginning for this description; thence continuing north 70 degrees 27 minutes 07 seconds west, along said northerly right-of-way line 95.29 feet; thence continuing along said right-of-way on a curve to the left having an arc distance of 154.71 feet and a radius of 610.36 feet (ch= north 77 degrees 42 minutes 49 seconds west, 154.30 feet); thence leaving said right-of-way north 15 degrees 54 minutes 06 seconds west, along the easterly line of a tract of land described in Book 294, Page 644, Cole County Recorder's Office, 64.71 feet to a point on the southerly right-of-way line of the former South Country Club Drive; thence north 57 degrees 28 minutes 18 seconds east, along said right-of-way, 301.33 feet; thence leaving said right-of-way south 19 degrees 53 minutes 53 seconds west, 44.07 feet; thence south 83 degrees 05 minutes 01 seconds east, 130.68 feet to a point on the westerly right-of-way line of the existing South Country Club Drive, thence south 19 degrees 53 minutes 53 seconds west, along said westerly right-of-way line 230.42 feet; thence south 64 degrees 43 minutes 23 seconds west, 35.46 feet to the beginning point of this description, except that part conveyed to the City of Jefferson in Warranty Deed Book 431, Page 57, Cole County Recorder's Office. 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, September 2, 2016 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 August 11, 2016 COMMISSION MEMBERS PRESENT Bunnie Trickey Cotten Jack Deeken Dean Dutoi Bob George Chris Jordan, Chairman Michael Lester David Nunn Dale Vaughan Ron Fitzwater, Alternate Blake Markus, Alternate COMMSSION MEMBERS ABSENT Chris Yarnell, Vice Chairman Matthew Hall, Alternate COUNCIL LIAISON Carlos Graham STAFF PRESENT 5:15p.m. 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 ATTENDANCE RECORD 7 of9 7 of9 6 of9 8 of9 9 of9 9 of9 7 of9 7 of9 6 of9 6 of9 ATTENDANCE RECORD 8 of9 0 of 1 Case No. P16007 -2521 E. McCarty Street, Rezoning and Comprehensive Plan Amendment. Request filed by planning division staff to rezone 0.67 acres from RS-2 Single Family Residential to C-2 General Commercial and an associated amendment to the Development Plan Map of the Comprehensive Plan. The property is located at the rear of 2521 E. McCarty Street and a portion of adjacent property at 2527 East McCarty Street. The property is described as part of Reserved Tract 1 and part of Reserved Tract 2 of Mount Hope Heights Subdivision, Jefferson City, Cole County, Missouri. Mr. Barron described the proposal and explained that a pocket of RS-2 residential zoning exists at the rear of the property addressed as 2521 E. McCarty Street, which is a property currently used in a commercial manner and a parking lot serving the commercial use is partially contained within the area zoned RS-2. He stated that a small portion of RS-2 zoning also exists on the adjacent property addressed as 2527 E. McCarty Street, which is currently in use as a mini-warehouse storage business. Mr. Barron explained that the purpose of the staff initiated rezoning request is to remove the split zoning situation on these two properties, bringing the zoning of each property into alignment under the C-2 General Commercial designation. He stated that an amendment to the development plan map of the Comprehensive Plan, from Medium Density Residential to Commercial, is also proposed to support the existing commercial use and proposed zoning of the two properties. No one spoke in opposition to this request and no correspondence was received. Mr. Barron gave the Planning Division staff report. Ms. Cotten moved and Mr. Vaughan seconded to recommend approval of the comprehensive plan amendment request to show the property as Commercial on the Development Plan Map of the Comprehensive Plan. The motion passed 8-0 with the following votes: Aye: Cotten, Deeken, Dutoi, George, Lester, Nunn, Vaughan, Fitzwater Ms. Cotten moved and Mr. Vaughan seconded to recommend approval of the request to rezone the property from RS-2 to C-2. The motion passed 8-0 with the following votes: Aye: Cotten, Deeken, Dutoi, George, Lester, Nunn, Vaughan, Fitzwater City of Jefferson Planning & Zoning Commission VICINITY Case No . P16007 2521 E. McCarty St Rezoning from RS-2 to C-2 and Comprehensive Plan Amendment 620 Feet C ity of Jefferson Planning & Zoning Commission LOCAT ION MAP Case No. P16007 2521 E. McCarty St Rezoning from RS-2 to C-2 and Comprehensive Pla n Amendment 0 so 100 Staff Initiated Re zoning Property Address: 2521 E. McCarty Street Rezoning from RS -2 to C-2 Case No: P16007 Area proposed to be rezoned from RS-2 Single Family Residential to C-2 General Commercial by Planning Division Staff. A pocket of RS -2 residential zon ing exists at the rear of the property addressed as 2521 E. McCarty Stree t, which is a property currently used in a commercial manner and a parking lot serving the commercial use is partially contained within the area zoned RS-2. A small portion of RS-2 zoning also exists on the adjacent property addressed as 2527 E. McCarty Street, which is currently in use as a mini- warehouse storage business. The purpose of the staff initiated rezoning request is to remove the split zoning situation on these two properties, bringing the zoning of each property into alignment under t he C-2 Genera l Commercial designation. An amendment to the development plan map of the Comprehensive Plan (from Medium Density Residential to Commercial) is also proposed to support the ex is ting commercia l use and proposed zon in g of the two properties. A separate rezoning request, brought forward by the owner of the property to the northwest of this request, is taken up by separate case (Case P16006). City of Jefferson Department of Planning & Protective Services 320 E. McCarty St. Jefferson City, MD 65101 July 28, 2016 Dear Property Owner: Carri e Te rgin, Mayo r 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 5:1 5 p.m . on Thursday, August 11, 2016 in the Boone/Bancroft Room #200 (Upper Level Conference Room) of the John G. Christy Municipal Building, 320 East McCarty Street, to consider the following matter (see map on back): Case No. P16007 -2521 E. McCarty Street, Rezoning and Comprehensive Plan Amendment. Request file d by planning division staff to rezon e 0.67 acres from RS -2 Single Famil y Residential to C-2 General Commercial and an associated amendment to the Development Plan Map of the Comprehensive Plan . The property is lo cated at the rea r of 2521 E. McCarty Street and a portion of adjacent property at 2527 East McCarty Street. The property is described as part of Reserved Tract 1 and part of Reserved Tract 2 of Mount Hope Heights Subdivision , Jefferson City, Cole County, 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, w ritten comments may be directed to the Planning and Zo ning Commission in one of the following ways: e-mail: jcplanning@jeffcitymo .o rg fax : Dept. of Planning and Protective Services I Planning Division 573 -634-6457 mail : Dept. of Planning and Protect ive Services I 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 copie d and distributed to Commission members at the meeting . Those unable to provide written comme nts in advance are invited to deliver th eir comments to the Commission Chairman only at the me et ing . Correspondence re ce ived after 1:00 p.m. will be inc luded in the official record, but there is no guarantee that copies will be mad e for distribution to all Comm ission members. For your informati on , this case is tentatively scheduled for a public hearing in front of the City Council on September 19, 20 16. T he 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 Zoni ng Commission webpage at: www .jeffersoncitymo. gov. If you ha ve any questions co ncerning this matter, please feel free to contact us at 573 .634.6475 . Sincerely, t~8~ Eric Barron, AICP Senior Planner Individuals should contact the ADA Coordinato r at (5 73) 63 4-6570 to request accommodation s o r alte rnati ve fo rmats as required under the Ame ricans with Disabiliti es Act. Please a llow three bus iness days to process the request. Plea se ca ll (573) 634-6410 with questions r egarding a genda ite ms. Jefferson City Planning & Zoning Commission Property Owner List Page 1 Case No. P16007 2521 E McCarty Street August 11, 2016 CAPITOL PROJECTS INC 2001 E MCCARTY ST JEFFERSON CITY, MO 65101 2601 E MCCARTY ST A PLUS SELF STORAGE L L C C/0 DONALD RENKEMEYER 426 E HIGH ST JEFFERSON CITY, MO 65101 2527 E MCCARTY ST MOTTE, EVELYN V 2520 STLOUIS RD JEFFERSON CITY, MO 65101 2520 STLOUIS RD STLOUIS RD ALBERTS/ RICHARD C JR 202 ARDEN DR JEFFERSON CITY/ MO 65109 2530 HIDEAWAY CT BUTLER, MARTHA JANE 2534 HIDEAWAY CT JEFFERSON CITY, MO 65101 2534 HIDEAWAY CT RACKERS, NICHOLAS J, TRUSTEE 5509 BRADFORD CT JEFFERSON CITY, MO 65101 2521 E MCCARTY ST {Subject Property) EAST END STORAGE L L C 11968 COUNTY RD 4040 HOLTS SUMMIT, MO 65043-1798 2511 E MCCARTY ST SUTTY PROPERTIES L L C 2902 WAKODA DR JEFFERSON CITY, MO 65101 E MCCARTY ST TRIPPENSEE, FREDERICK E & SHIRLEY TRUSTEES RANDALL, BEVERLY SUE & JON D 2510 STLOUIS RD JEFFERSON CITY, MO 65101 2508 STLOUIS RD 2510 STLOUIS RD BUSCHJOST, VICTOR H & MARY W 2512 STLOUIS RD JEFFERSON CITY, MO 65101 2512 STLOUIS RD SALING, KENNETH G & PAMELA M 2514 STLOUIS RD JEFFERSON CITY, MO 65101 2514 STLOUIS RD KOHL1 DEBORAH SUE 2518 STLOUIS RD JEFFERSON CITY, MO 65101 2518 STLOUIS RD PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION August 11, 2016 Case No. P16007-2521 E. McCarty Street, Rezoning and Comprehensive Plan Amendment. Request filed by planning division staff to rezone 0.67 acres from RS-2 Single Family Residential to C-2 General Commercial and an associated amendment to the Development Plan Map of the Comprehensive Plan. The property is located at the rear of 2521 E. McCarty Street and a portion of adjacent property at 2527 East McCarty Street. The property is described as part of Reserved Tract 1 and part of Reserved Tract 2 of Mount Hope Heights Subdivision, Jefferson City, Cole County, Missouri. Nature ofReguest A pocket of RS-2 residential zoning exists at the rear of the property addressed as 2521 E. McCarty Street, which is a property currently used in a commercial manner and a parking lot serving the commercial use is partially contained within the area zoned RS-2. A small portion of RS-2 zoning also exists on the adjacent property addressed as 2527 E. McCarty Street, which is currently in use as a mini-warehouse storage business. The purpose of the staff initiated rezoning request is to remove the split zoning situation on these two properties, bringing the zoning of each property into alignment under the C-2 General Commercial designation. An amendment to the development plan map of the Comprehensive Plan (from Medium Density Residential to Commercial) is also proposed to support the existing commercial use and proposed zoning of the two properties. Zoning History The property was annexed into the corporate limits in 1968 with an RS-2 zoning. Zoning and Surrounding Land Use Current Zoning: RS-2 Current Use: Commercial (Parking Area) R dZ . C2 equeste onmg: -I d dU C . I nten e se: ommercta Surrounding Zoning Surrounding Uses North C-2/RA-2 Mini-Storage I Undeveloped South C-2 Commercial East C-2 Mini-storage West RS-2 Single Family Residential Allowed Uses: 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. St ff A I . a nalYSIS Standard checklist for rezoning: Yes No Notes: Complies with Comprehensive Plan X The Comprehensive Plan identifies the property as intended for medium density attached residential use. An amendment is proposed by staff to change the designation of the property within the Comprehensive Plan to Commercial. Has access to necessary utilities X The property has access to necessary utilities. Located outside flood zone X The property does not lie within the 100 year floodplain. Meets district size requirement X The rezoning would be an expansion of an existing C-2 district. Planning and Zoning Commission Case No. P16006 Standard checklist for rezoning: Yes No Benefit to City is substantial when compared to X adverse affects on adjacent property After rezoning, the allowed uses would be X compatible with uses allowed in adjacent districts After rezoning, the allowed uses would be X compatible with adjacent existing land uses If not rezoned, the owner would be deprived of use X advantages enjoyed by surrounding owners (reverse spot zoning) The requested rezoning would be an expansion of X an existing district Comprehensive Plan Amendment: Notes: August 11, 2016 Page2 The property is uses commercial (as a parking area) and is adjacent to existing commercial uses Adjacent residential uses to the west are limited to two single family homes, which are adjacent to existing commercial uses to the south. The commercial zoning would be compatible with the adjacent commercial uses, but would conflict with the adjacent single family home to the west. It is noted however, that the single family homes are largely overshadowed by the commercial uses in the area. Two adjacent single family residential homes would be impacted by the commercial rezoning. It is noted however, that the single family homes are largely overshadowed by the commercial uses in the area. The surrounding property to the east, north, and south enjoys a C-2 zoning. The prevalent land uses for properties accessed by East McCarty Street in this area is commercial in nature. The rezoning would be an expansion of the adjacent commercial zoning. Staff recommends approval of the request to amend the Comprehensive Plan Development Plan Map to show the property as Commercial. The 1996 Comprehensive Plan envisioned a residential tier of development behind the commercial development along the north side of East McCarty Street in this area, which has not materialized. The expansion of the commercial uses along McCarty Street into the second tier area, as evidenced by the storage shed expansion to the northeast of the subject property, is a more prevalent trend. Rezoning Request: Staff recommends approval of the request to rezone the property from RS-2 to C-2. The property is bordered to the north, east, and south by existing commercial zoning and is located in an area where the prevalent land use is commercial. While the adjacent two single family residential homes would be somewhat impacted by the rezoning, it is noted that the homes are already bordered by commercial uses and the comprehensive plan already envisions a higher level of development for their property than single family residential. Staff Recommendation Form of Motion I. Motion to approve the comprehensive plan amendment request to show the property as Commercial on the Development Plan Map of the Comprehensive Plan. 2. Motion to approve the request to rezone the property from RS-2 to C-2. Case No . P16007 2521 E . McCarty St Rezoning from RS-2 to C-2 and Comprehensive Plan Amendment I 185 ft . Notification Buffer 0 30 60 120 180 2 40 Foot ------ I