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Home My Public Portal AboutORD15578 BILL NO. 2016-60 SPONSORED BY Councilman Graham ORDINANCE NO. ICV) 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 0.25 ACRES OF LAND ADDRESSED AS 615 EAST CAPITOL AVENUE FROM RA-2, HIGH DENSITY RESIDENTIAL TO C-O, OFFICE COMMERCIAL. 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 RA-2 High Density Residential to C-O Office Commercial: Subdivision No. 6 of a Subdivision of Inlots Nos. 134 and 135, in the City of Jefferson, Missouri fronting 34 feet 10 inches on E. Capitol Avenue formerly known as Main Street and running back 199 feet to an alley. Also, that part of Inlot No. 136, beginning at the southwest corner of said Inlot, on East Capitol Avenue formerly known as Main Street; thence running easterly 20 feet; thence northerly 198 feet 9 inches to any alley; thence westerly along said alley 20 feet; thence southerly 198 feet 9 inches to the point of beginning. Containing approximately 0.25 acres. Section 2. This ordinance shall be in full force and effect from and after its passage and approval. Passed: e 17, g 10 /t Approved: OC./t- , 2—g, 20/(P 6ik ` siding Officer. Z Mayor Carrie Tergin ATTEST: - ""-_.=- APPROVED S TO FORM: - ity CI rk. ; -! I erim 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, October 17, 2016 at 6:00 p.m. in the Council Chamber of the John G. Christy Municipal Building, 320 East McCarty Street, Jefferson City, Missouri. 1. 1100 BLOCK OF OAK STREET – REZONING 0.97 ACRES FROM RS-4 SINGLE FAMILY RESIDENTIAL TO C-O OFFICE COMMERCIAL AND AN ASSOCIATED COMPREHENSIVE PLAN AMENDMENT DESIGNATING THE AREA AS PUBLIC AND SEMI PUBLIC: All of Lots 18, 19, 20, 21, 22, 23, 24 and 25 of Woodcrest Addition to the City of Jefferson, as recorded in Plat Book 3, page 2, Cole County Recorder’s Office, in the City of Jefferson, Cole County, Missouri. Containing approximately 0.97 acres. 2. 615 EAST CAPITOL AVENUE – REZONING 0.25 ACRES FROM RA-2 HIGH DENSITY RESIDENTIAL TO C-O OFFICE COMMERCIAL: Subdivision No. 6 of a Subdivision of Inlots Nos. 134 and 135, in the City of Jefferson, Missouri fronting 34 feet 10 inches on E. Capitol Avenue formerly known as Main Street and running back 199 feet to an alley. Also, that part of Inlot No. 136, beginning at the southwest corner of said Inlot, on East Capitol Avenue formerly known as Main Street; thence running easterly 20 feet; thence northerly 198 feet 9 inches to any alley; thence westerly along said alley 20 feet; thence southerly 198 feet 9 inches to the point of beginning. Containing approximately 0.25 acres. 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 30, 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 September 8, 2016 5:15 p.m. COMMISSION MEMBERS PRESENT ATTENDANCE RECORD Bunnie Trickey Cotten 1 of 1 Jack Deeken 1 of 1 Dean Dutoi 1 of 1 Chris Jordan, Chairman 1 of 1 Michael Lester 1 of 1 David Nunn 1 of 1 Chris Yarnell, Vice Chairman 1 of 1 Blake Markus, Alternate 1 of 1 Matthew Hall, Alternate 1 of 1 COMMSSION MEMBERS ABSENT ATTENDANCE RECORD Bob George 0 of 1 Dale Vaughan 0 of 1 Ron Fitzwater, Alternate 0 of 1 COUNCIL LIAISON PRESENT Carlos Graham STAFF PRESENT Eric Barron, Senior Planner Anne Stratman, Administrative Assistant New Business/Public Hearings Case No. P16012 – 615 East Capitol Avenue, Rezoning from RA-2 to C-O. Request filed by J&S Properties of Jefferson City LLC, property owner, for a rezoning of 0.25 acres from RA-2 High Density Residential to C-O Office Commercial. The purpose of the request is to permit an office use in the existing building with apartment above. The property is located on the north side of East Capitol Avenue 250 feet west of Lafayette Street and is described as part of Inlots 135 and 136, Jefferson City, Missouri. Mr. Barron described the proposal and explained that there is an existing building on the property that has been used as a two unit apartment building in the past, with one unit accessible from the main entrance and one unit located on the second floor and accessible from a stairway on the east side of the building. He stated that the property owner wishes to market the main level unit as a commercial office rather than an apartment. Mr. Barron explained that the current zoning of RA-2 Multi-Family Residential does not permit conversion of the structure into an office, so the property owner is requesting a rezoning to the C-O Office Commercial zoning district to permit the office and second floor residential use. He stated that City staff is in the process of finalizing documents that would implement the Central Eastside Neighborhood Plan. Mr. Barron explained that the Capitol Avenue area that includes this property is identified as being ideal for mixed office and residential use. He stated that the timeline for the rezoning and overlay district implementation has not been finalized. Mr. Barron explained that the rezoning request is compatible with the office and residential mixed use called for within the Central Eastside Neighborhood Plan and would be compatible with the existing land use pattern for Capitol Avenue. He stated that while city staff intends to rezone the area, including this property, to a mixed use district in the near future, an immediate rezoning of the property to commercial office would allow the property owner to market the building as office space immediately. Mr. John Pervinich, 1413 Inglenook Drive, did not have additional comments to add. He thanked the Commission for their consideration. No one spoke in opposition to this request and no correspondence was received. Ms. Cotten moved and Mr. Lester seconded to recommend approval of the request to rezone the property from RA-2 to C-O to the City Council. The motion passed 8-0 with the following votes: Aye: Cotten, Deeken, Dutoi, Hall, Lester, Markus, Nunn, Yarnell C i ty of Jefferson P la n n i ng & Zon i ng Commiss i on VI C INIT Y Case No. P16012 615 E Capital Ave Rezoning from RA-2 to C -0 0 65 130 C ity of Jefferson Plann i ng & Zoning Commission LOC AT IO N MA P Case No. P16012 615 E Capital Ave Rezoning from RA-2 to C-0 0 37.5 75 ~ P U D RECEIVED City of Jefferson Department of Planning & Protective Services 320 E. McCarty Street Jefferson City, MO 65101 AUG 1 1 2016 Pllone: 573-634-6410 /cptanninq@jeffersoncitvmo.gov PLANNING& RO ECTIVE SERVICES APPLICATION FOR ZONING AMENDMENT The undersign ed hereby petitions the Planning and Zoning Commission and City Council of th e City of Jefferson, Missouri, for the following amendment to the Zoning Code: D Zoning Text Amendment (Describe below or attach complete narrative) Article and Section Affected (if applicable) _______________________ _ Description of proposed text amendment: _________________________ _ ~Zoning Map Amendment (Rezoning of Real Estate) The undersigned hereby state they are the owners of the following described real estate: Property Address: lP I " £:'" ea-p; +v I I j eff-.r-?0¥\ c.,· 3 y 0 Legal/Property Description (write out or attach as an exhibit): ___________________ _ La 4---1-ach e.c.l) Who petition to rezone the above described real estate from its present classifica tion of _ _:.(2A_-'--2 ___ district to ___ Q_D _____ district. The purpose of this rezoning request is to: N At rp~ r. 1 #2 N me (type or print) A perty Owner Signature o ary· P'U6 c -o ary a1 J...i.. StateofM issourl , fll"' ~QL ~o/ L CommiS~~l!§~~Q[ before me this day of VlJI in the year 0'\ P . My Commission Expires: Augusn7~ 2bHJ --"--1----1 M ~ CommissionNumber:15386130 (~ D ~ Notary Public Address of Property Owner #1 . -: .. . . ,, .... ;·. ":·).,, ;,";::-'; .: .. ·., .. ~.~ Name ~fl.C-h e..J I.e.. ·Pe..r v 1 f'l ti.. I'\ Mailing Address 141 3 T"('-~ LW\oo ~ b:.r. S.c. M D lo <:;1 o CJ Phone Number ( 5 '1)\ &;?;~-d~ 9 7 ( h Df't.e._) \?1-=)) (o 4 S -OS.;2 ( (u u) Address of Property Owner #2 ......... / -. Name Mailing Address ' Phone Number .. ' For C1/y Use Only: Apphcat1on F1hng Fee $210 (Rev1sed Jun e 30, 2015) C.1-l-l.j t>f Jt>--(¥ r:s..on Payment Received: __ Cash (Receipt# ; __ Check (Cop y; check#-.,---,---:-:--- Attachments: _Additional sheets or documentation _AppiicanUProject Inform ation Sheet _Locati on Map Individua ls should contact th e ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under th e Americans with Disabilities Act. Please allow three business days to process th e request. Print Preview Page 1 of 1 MldMoGIS, MO r-•J!. 8/26/2016 fl'o/tJ~e.) Re£.0Yllh7J- RA-J io C'O http://www.midmogis.org/colesi/We bForms/Print.aspx?img=http://www.midmogis .org/arc... 8/26/2016 City of Jefferson Deparlment of Planning & Protective Services 320 E. McCarly St. Jefferson City, MO 65101 August25, 2016 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 will meet at 5 :15p.m . on Thursday, September 8, 2016 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. P16012 -615 East Capitol Avenue, Rezoning from RA -2 to C-0. Request filed by J&S Properties of Jefferson City LLC , property owner, for a rezoning of 0.25 acres from RA-2 High Density Residential to C -0 Office Commercial. The purpose of the request is to permit an office use in the existing building with apartment above. The property is located on the north side of East Capitol Avenue 250 feet west of Lafayette Street and is described as part of lnlots 135 and 136, 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 I Planning Division 573-634-6457 mail : Dept. of Planning and Protective Services I Planning Division John G . Christy Mun icipal 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 October 17, 2016. The City Council meets at 6 :00p.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, E~,B~ Eric Barron , AICP Senior Planner Individuals s h o ul d co ntact th e ADA Coordinator at (573) 63 4-6570 to reques t acco mmo d a tion s or a lterna tive formats as required under the Am ericans w ith Disabilities Act. Please allow three bus iness d ays to process the r eques t. Please ca ll (573 ) 63 4-6410 w ith ques tions regard ing agenda items. Jefferson City Planning & Zoning Commission Property Owners List Page 1 Case No. P16012 615 E Capitol Avenue September 8, 2016 S, L L C 1685 HWY94 HOLTS SUMMIT, MO 65043 100 LAFAYETIE ST 102 LAFAYETIE ST 622 ESTATE ST 620 ESTATE ST 618 ESTATE ST SALTER, JAMES E & CHRISTINA R 6 VICTORIA LN HOT SPRINGS VILLAGE, AR 71909-3435 104 LAFAYETIE ST ORGANIZED INVESTMENTS L L C #9 ARIAS WAY HOT SPRINGS, AR 71909 106 LAFAYETIE ST 108 LAFAYETIE ST 110 LAFAYETIE ST CAIN, JAMES D & MELISSA R 2214 BUEHRLE DR JEFFERSON CITY, MO 65109 610 ESTATE ST OUSLEY GROUP L L C 2000 E BROADWAY, STE 176 COLUMBIA, MO 65201 608 ESTATE ST BUETINER, GARY A & LINDA K 606 ESTATE ST JEFFERSON CITY, MO 65101 606 ESTATE ST PHILLIPS, WAYNE T 600 ESTATE ST JEFFERSON CITY, MO 65101 600 ESTATE ST CITY OF JEFFERSON C/0 CITY COUNSELORS OFFICE 320 E MCCARTY ST JEFFERSON CITY, MO 65101 MARSHALLST LAUX, PAULL & FRANCES M 2711 TANNER BRIDGE RD JEFFERSON CITY, MO 65101 601 E CAPITOL AVE WEBER, JAMES L & ELIZABETH 3420 COUNTRY CLUB DR JEFFERSON CITY, MO 65109 611 E CAPITOL AVE J & S PROPERTIES OF JEFFERSON CITY, L L C 1413 INGLENOOK DR JEFFERSON CITY, MO 65109 615 E CAPITOL AVE {Subject Property) STITI BARONY L L C 619 E CAPITOL AVE JEFFERSON CITY, MO 65101 619 E CAPITOL AVE MONACO, MILDRED P C/0 CENTRAL TRUST INVESTMENT CO, TRUSTEE PO BOX 779 JEFFERSON CITY, MO 65102 624 E CAPITOL AVE MISSOURI RETAILERS ASSOCIATION PO BOX 1336 JEFFERSON CITY, MO 65102 618 E CAPITOL AVE LEPAGE, JAMES T, TRUSTEE 616 E CAPITOL AVE JEFFERSON CITY, MO 65101 616 E CAPITOL AVE FLOTRON, FRANCIS E JR &, ET'AL LEWIS, DOROTHY ANNE 612 E CAPITOL AVE JEFFERSON CITY, MO 65101 612 E CAPITOL AVE GERMANO, GREGORY C 71120 N THUNDERBIRD TER RANCHO MIRAGE, CA 92270-3522 606 E CAPITOL AVE Jefferson City Planning & Zoning Commission Property Owners List Case No. P16012 615 E Capito l Avenue FACT PROPERTIES L L C 231 SUMMERHILL DR JEFFERSON CITY, MO 65109 600 E CAP ITOL AVE Page 2 September 8, 2016 Case No . P16012 ~15 E ~apital Ave ezonrng from RA-2 to C-0 185 ft. Notificat' ron Buffer 0 25 50 100 150 - PLANNINGSTAFFREPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION September 8, 2016 Case No. P16012 -615 East Capitol Avenue, Rezoning from RA-2 to C-0. Request filed by J&S Prope11ies of Jeffe rso n Ci ty LLC , property owner, for a rezo nin g of 0.25 acres from RA-2 High Density Residential to C- O Office Commercial. The purp ose of the req ue st is to permit an office use in the existin g building with apa11ment above. The property is loca ted on the north s ide of East Capitol A venue 250 feet west o f Lafayette Street and is de sc ribed as part oflnlots 135 and 136, Jefferson City, Missouri. Nature of Request There is an existing building on the property that has been used as a two unit apartment building in the past, with one unit accessible from the main entran ce and one unit located on the second floor and accessible from a sta irway on the east side of the building. The property owner wishes to market the main leve l unit as a commercial office rather than an apartment. The current zoning of RA-2 Multi-Family Residential does not permit conversion of the structure into an office, so the property owner is requesting a rezoning to the C-0 Office Co mm ercia l zoning district to permit the office and second floor residential use. Central Eastside Ncighbo..twod Plan C ity staff are in the process of finalizing documents that would implement the Ce nt ral Eastside Neighborhood Plan (which was adopted as a component of the Comprehensive Plan in 2006) through a co mbination of rezoni ng and application of overlay di strict s. The Ca pitol Avenue area that includes this property is identified as being ideal for mixed office and residential use . The timeline fo r the re zo nin g and overlay district impl ementation ha s not been finalized (there are a number of items that will require additional public input after drafting). Zoning History Many of the properties and buildin gs along Ca pito l Avenue are currently occupied with office uses, despite being zo ned RA-2. This is largely a result of past zo nin g, which permitted offices in the RA-2 district with a conditional use permit. Many of the properties received conditional use approval for use as an office, and their office use ca n continue indefinitely. Zoning and Sunounding Land Use Current Zoning: RA-2 R td Z CO eques e onmg: - Surrounding Zoning North RA-2 South RA-2 East C-1 West RA-2 Allowed Uses: Cur rent Use: Residential I t d d U Offi 'tl n en e se : 1c e WI 1 secon Surrounding Uses Vacant Pro petty Offices and Residences Eve nt Ce nter Office Building dfl 1 oor apat ment. Permitted uses within the C-0 Office Co mmercial zon in g district inc lud e offices, assisted livin g facilities, daycares, nursing homes, dance schoo ls, and funeral hom es. Please see the Land Use Matrix in the Zo nin g Code for a more detailed li st of permitted uses. St ff A I . a nalVSIS Standard checklist for rezoning: Yes No Notes: Co mplie s with Co mprehensive Plan X The Centra l Eastside Neighbo rh ood Plan identifies the Cap it ol A venue area as ideal for mixed office and re s id entia l use. The proposed re zo ning would not be in conflict with that plan. Has access to necessary utiliti es X The prope1ty ha s access to necessa ry utilities. Located outside flood zone X The prope11y does not li e within the 100 year floodplain. Meets district size requirement X There is no minimum district size for the C-0 district. Planning and Zoning Commission Case No . P16012 Standard checklist for rezoning: Bene fit to City is substantial when adverse affects on adjacent property Afte r rezoning, the allowed uses compared to would be compatible with u ses allowed in adjacent districts After rez oning, the allowed us es would be compatible with adjacent existing land uses If not rezoned, the owner would be deprived of use advantages e njoyed by s urrounding owners (revers e s pot zoning) The requested rezoning would be an expans ion of an existingdistrict Rezoning Request: Yes No X X X X X Notes: September 8, 2016 Page 2 The area is identified in city plans as being ideal for office use . An office commercial use of the property would be compatible with the mix o f offices and residences along Capitol Avenu e . The prope tty to the eas t is used a s a commercial event center and many of th e properties along Capitol Avenue are used as commercial offices. The propetty to the east enjoys a commercial zoning and many of the properties along Capitol A venue have received conditional use permits for office use s. The rezoning would be an expansion of the adjacent commercial zoning. Staff recommends approval of the request to rezone the propetty from RA-2 to C -0. The rezoning request is compatible with the office and residential mixed use called for within the Central Eastside Neighborhood Plan and would be compatible with the existing land use pattern for Capitol Avenue. While city staff intend to rezone the area (including this propetty) to a mixed use district in the near future, an immediate rezoning of the propetty to commercial office would allow the propetty owner to market the building as office space immediately. Staff Recommendation Form of Motion Motion to approve the request to rezone the property from RA-2 to C-0.