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HomeMy Public PortalAboutORD15587 BILL NO. 2016-68 SPONSORED BY Councilman Graham ORDINANCE NO. / gq 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 2.85 ACRES OF LAND ADDRESSED AS 815 WEST STADIUM BOULEVARD FROM C- 1 NEIGHBORHOOD COMMERCIAL TO C-2 GENERAL 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 C-1 Neighborhood Commercial to C-2 General Commercial: Part of Lot No. 67, of Jordan Towne Subdivision, in the City of Jefferson, Missouri, as per plat of record in Plat Book 11, Page 60, Cole County Recorder's Office, more particularly described as follows: From the Northwesterly corner of said lot 67; thence southerly, along the westerly line of said lot 67, on a curve to the right, having a radius of 1323.24 feet, an arc distance of 150.00 feet, (chord south 03 degrees 17 minutes 22 seconds east, 149.92 feet) to the northwesterly corner of a tract of land described by deed of record in Book 369, page 378, Cole County Recorder's Office, and the point of beginning for this description; Thence along the northerly and easterly boundary of said tract the following courses: North 82 degrees 21 minutes 34 seconds east, 161.89 feet; thence south 07 degrees 50 minutes 09 seconds east, 52.00 feet; thence north 82 degrees 09 minutes 51 seconds east, 45.02 feet; thence south 09 degrees 33 minutes 53 seconds west, 362.09 feet; thence leaving the boundary of said tract, south 57 degrees 39 minutes 48 seconds west, 5.71 feet; thence southwesterly on a curve to the right having a radius of 290.00 feet, an arc distance of 98.35 feet, (chord south 67 degrees 22 minutes 43 seconds west, 97.88 feet); thence south 57 degrees 39 minutes 58 seconds west, 58.26 feet to a point on the southeasterly extension of the northeasterly line of a tract of land described in book 335, page 941, Cole County Recorder's Office; thence North 48 degrees 24 minutes 37 seconds west, along said extension and along the northeasterly line of said tract, 79.28 feet; thence north 80 degrees 44 minutes 02 seconds west, along the northeasterly line of said tract in book 335, page 941, 9.56 feet to the westerly line of said lot 67; thence northerly, along the westerly line of said lot 67, on a curve to the left having a radius of 1323.24 feet, an arc distance of 404.85 feet, (chord north 08 degrees 43 minutes 23 seconds east, 403.27 feet), to the point of beginning; and; Part of Lot No. 67, of Jordan Towne Subdivision, in the City of Jefferson, Missouri, as per plat of record in plat book 11, page 60, Cole County Recorder's Office, more particularly described as follows: From the Northeasterly corner of said lot No. 67; thence south 82 degrees 09 minutes 51 seconds west, along the southerly right-of-way line of Hyde Park Road, 290.85 feet to the northeast corner of the eighth tract of land described in Book 365, Page 143, Cole County Recorder's Office; thence along the boundary of said eighth tract the following courses: South 22 degrees 53 minutes 52 seconds east, 183.30 feet; thence south 82 degrees 09 minutes 51 seconds west 167.55 feet; thence leaving the boundary of said eighth tract in Book 365, Page 143, south 07 degrees 50 minutes 09 seconds east, 25.00 feet; thence South 82 degrees 09 minutes 51 seconds west, 74.98 feet to a corner on the easterly line of a tract described by deed of record in Book 369, Page 378, Cole County Recorder's Office; thence south 09 degrees 33 minutes 53 seconds west, along the easterly line of said tract, 13.84 feet to the point of beginning; thence leaving said easterly line south 85 degrees 07 minutes 53 seconds east, 31.48 feet; thence south 33 degrees 17 minutes 18 seconds east, 151.41 feet; thence south 32 degrees 15 minutes 50 seconds east, 108.37 feet; thence south 61 degrees 58 minutes 24 seconds west, 260.76 feet to the southeasterly line of said tract described by deed of record in Book 369, Page 378; thence along the easterly line of said tract north 09 degrees 33 minutes 53 seconds east, 348.25 feet to the point of beginning. Section 2. This ordinance shall be in full force and effect from and after its passage and approval. Passed: ki*) 111214 Approved: TIIT V r aiAAA: / . _ Mayor PresidingOfficer. Carrie Tergin 9 ■ ST: APPROVED AS TO FORM: City Clerk S- City Co ns= or 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 21, 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. 2005 SCHOTTHILL WOODS DRIVE—PRELIMINARY PUD PLAN AMENDMENT FOR DRIVE THROUGH RESTAURANT: Part of Lot No.60 of Schotthill Woods Subdivision,Section 2,as per plat of record in Plat Book II, Page 324, Cole County, Missouri, more particularly described as follows: Beginning at the southwesterly corner of said Not No. 60; thence North 04 Degrees 07 Minutes 28 Seconds West along the westerly line of said Lot No. 60, 159.31 feet to the southwesterly corner of Lot No.59 of said Schotthill Woods Subdivision,Section 2;thence North 85 Degrees 52 Minutes 32 Seconds East, 210.46 feet;thence South 01 Degrees 23 Minutes 24 Seconds East, 178.94 feet to a point on the southerly line of said Lot No. 60; thence westerly along the southerly line of said Lot No. 60, in a curve to the left, having a radius of 322.90 feet, an arc distance of 112.57 feet;thence south 85 Degrees 52 Minutes 32 Seconds West along the southerly line of said Lot No. 60, 91.61 feet to the beginning point of this description. Containing 0.77 acres, more or less. 2. 815 WEST STADIUM BOULEVARD—REZONING 2.85 ACRES FROM C-1 NEIGHBORHOOD COMMERCIAL TO C-2 GENERAL COMMERCIAL: Part of Lot No. 67, of Jordan Towne Subdivision, in the City of Jefferson, Missouri, as per plat of record in Plat Book 11, Page 60, Cole County Recorder's Office, more particularly described as follows: From the Northwesterly corner of said lot 67; thence southerly, along the westerly line of said lot 67, on a curve to the right, having a radius of 1323.24 feet,an arc distance of 150.00 feet, (chord south 03 degrees 17 minutes 22 seconds east, 149.92 feet)to the northwesterly corner of a tract of land described by deed of record in Book 369, page 378,Cole County Recorder's Office,and the point of beginning for this description; Thence along the northerly and easterly boundary of said tract the following courses: North 82 degrees 21 minutes 34 seconds east, 161.89 feet; thence south 07 degrees 50 minutes 09 seconds east, 52.00 feet;thence north 82 degrees 09 minutes 51 seconds east, 45.02 feet;thence south 09 degrees 33 minutes 53 seconds west,362.09 feet;thence leaving the boundary of said tract, south 57 degrees 39 minutes 48 seconds west, 5.71 feet; thence southwesterly on a curve to the right having a radius of 290.00 feet,an arc distance of 98.35 feet, (chord south 67 degrees 22 minutes 43 seconds west, 97.88 feet);thence south 57 degrees 39 minutes 58 seconds west, 58.26 feet to a point on the southeasterly extension of the northeasterly line of a tract of land described in book 335, page 941, Cole County Recorder's Office;thence North 48 degrees 24 minutes 37 seconds west,along said extension and along the northeasterly line of said tract,79.28 feet;thence north 80 degrees 44 minutes 02 seconds west, along the northeasterly line of said tract in book 335, page 941, 9.56 feet to the westerly line of said lot 67; thence northerly, along the westerly line of said lot 67, on a curve to the left having a radius of 1323.24 feet, an arc distance of 404.85 feet, (chord north 08 degrees 43 minutes 23 seconds east, 403.27 feet), to the point of beginning; and; Part of Lot No. 67, of Jordan Towne Subdivision, in the City of Jefferson, Missouri,as per plat of record in plat book 11, page 60,Cole County Recorder's Office, more particularly described as follows: From the Northeasterly corner of said lot No. 67; thence south 82 degrees 09 minutes 51 seconds west, along the southerly right-of-way line of Hyde Park Road,290.85 feet to the northeast corner of the eighth tract of land described in Book 365, Page 143, Cole County Recorder's Office;thence along the boundary of said eighth tract the following courses: South 22 degrees 53 minutes 52 seconds east, 183.30 feet; thence south 82 degrees 09 minutes 51 seconds west 167.55 feet; thence leaving the boundary of said eighth tract in Book 365, Page 143, south 07 degrees 50 minutes 09 seconds east,25.00 feet;thence South 82 degrees 09 minutes 51 seconds west,74.98 feet to a corner on the easterly line of a tract described by deed of record in Book 369, Page 378, Cole County Recorder's Office;thence south 09 degrees 33 minutes 53 seconds west,along the easterly line of said tract, 13.84 feet to the point of beginning; thence leaving said easterly line south 85 degrees 07 minutes 53 seconds east, 31.48 feet; thence south 33 degrees 17 minutes 18 seconds east, 151.41 feet; thence south 32 degrees 15 minutes 50 seconds east, 108.37 feet; thence south 61 degrees 58 minutes 24 seconds west, 260.76 feet to the southeasterly line of said tract described by deed of record in Book 369, Page 378; thence along the easterly line of said tract north 09 degrees 33 minutes 53 seconds east, 348.25 feet to the point of beginning. 3. 2220 WEATHERED ROCK ROAD — PRELIMINARY PUD PLAN FOR TWO RESIDENTIAL TRIPLEXES: Part of Tract"B"of Millbrook Subdivision, in the City of Jefferson, Missouri per plat of record in plat book 8, page 109,Cole County Recorder's Office, more particularly described as follows: From the southwest corner of tract"B" of said Millbrook Subdivision, being the point of intersection of the northerly line of Weathered Rock Drive and the Easterly line of Tract "D" of said Millbrook Subdivision; thence North 87 degrees 02 minutes 09 seconds east, along the northerly line of said Weathered Rock Drive,29.16 feet to the easterly line of Cole County Route "B";thence North 33 degrees 55 minutes 40 seconds west, along the easterly line of said Route "B", 175.19 feet to the northwesterly corner of a tract of land described in Book 258, Page 139 and Book 372, Page 967, Cole County Recorder's Office, and the point of beginning for this description;thence continuing North 33 degrees 55 minutes 40 seconds west,along the easterly line of said Route"B", 129.62 feet;thence North 39 degrees 38 minutes 18 seconds west,along the easterly line of said Route "B", 80.62 feet to the southwesterly corner of a tract of land described in Book 371, Pages 301 and 302, Cole County Recorder's Office; thence North 66 degrees 31 minutes 37 seconds east, along the southerly line of said tract, 208.27 feet to the westerly right of way line of weathered rock drive; thence South 24 degrees 12 minutes 11 seconds east, along the westerly right of way line of Weathered Rock Drive, 202.82 feet to the northeast corner of the aforesaid tract in Book 258, Page 139 and Book 372, Page 967; thence South 65 degrees 47 minutes 49 seconds west,along the northerly line of said tract, 164.90 feet to the point of beginning. Containing 0.96 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, November 4, 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 October 13,2016 5:15 p.m. COMMISSION MEMBERS PRESENT ATTENDANCE RECORD Bunnie Trickey Cotten 2 of 2 Dean Dutoi 2 of 2 Bob George 1 of 2 Chris Jordan,Chairman 2 of 2 Michael Lester 2 of 2 David Nunn 2 of 2 Dale Vaughan 1 of 2 Chris Yarnell,Vice Chairman 2 of 2 Ron Fitzwater,Alternate 1 of 2 Blake Markus,Alternate 2 of 2 Matthew Hall,Alternate 2 of 2 COMMSSION MEMBERS ABSENT ATTENDANCE RECORD Jack Deeken 1 of 2 COUNCIL LIAISON PRESENT Carlos Graham STAFF PRESENT Janice McMillan,Director of Planning &Protective Services Eric Barron,Senior Planner Shane Wade,Civil Engineer II Bryan Wolford,Associate City Counselor Anne Stratman,Administrative Assistant New Business/Public Hearings Case No.P16014 - 815 West Stadium Boulevard,Rezoning from C-1 to C-2.Request filed by Providence Bank,property owner, for a rezoning of 2.85 acres from C-1 Neighborhood Commercial to C-2 General Commercial.The property is located on the east side of West Stadium Boulevard 250 feet south of Hyde Park Road and is described as part of lot 67 of Jordon Towne Subdivision,Jefferson City, Missouri. Mr. Barron described the proposal and explained that the property owner desires to remove their existing signage and replace with new signage.He stated that the C-1 zoning of the property permits a maximum sign height of 10 feet.Mr.Barron explained that the existing freestanding sign on the property is approximately 23 feet tall,and the owner wishes to replace itwith a sign of similar height. He stated that because the sign is nonconforming,a permit cannot be issued for a new sign greater than 10 feet in height. Mr. Barron explained that the owner has applied to rezone the property to a C-2 General Commercial district, which would permit a sign height of up to 32 feet. Mr.Tim Harris,Pinnacle Sign Group, 505 N.Glenstone,Springfield, Missouri spoke regarding this request and explained that this is primarily driven by the Bank's desire to rebrand their image. He stated that Providence Bank is remodeling and refreshing their signs at this time. Mr. Harris explained that the existing 23 foot tall sign is a legal nonconforming sign. He stated that the proposed sign would be 22 feet tall.Mr. Harris explained that to be in conformance with the sign code we would have to replace the existing 23 foot tall sign with a 10 foot tall sign.He stated that rezoning to C-2 would bring their property into closer conformance with the existing businesses in the area. No one spoke in opposition to this request and no correspondence was received. Mr.Barron gave the Planning Division staff report. Mr.Vaughan moved and Mr.George seconded to recommend approval of rezoning the property from C-1 to C-2 to the City Council.The motion passed 8-0 with the following votes: Aye: Dutoi,Fitzwater,George,Lester,Markus,Nunn,Vaughan,Yarnell City of Jefferson Planning &Zoning Commission VICINITY Case No.P16014 815 W.Stadium Blvd. Rezoning from C-1 to C-2 0 195 390 780 Feet N S City of Jefferson Planning &Zoning Commission LOCATION MAP Case No.P16014 815 W.Stadium Blvd. Rezoning from C-1 to C-2 0 90 180 360 Feet City of Jefferson Department of Planning &Protective Services 320 E.McCarty Street Jefferson City, MO 65101 Phone:573-634-6410 icplanning@ieffcitvmo.org www.jeffersoncitymo.gov RECEIVED SEP 1 2 2 PLANNING & PROTECTIVE SERVICES APPLICATION FOR ZONING AMENDMENT The undersigned hereby petitions the Planning and Zoning Commission and City Council of the City of Jefferson, Missouri, for the following amendment to the Zoning Code: O Zoning Text Amendment (Describe below orattach complete narrative) Article and Section Affected (if applicable) Description of proposed text amendment:. O Zoning Map Amendment (Rezoning of Real Estate) The undersigned hereby state they are the owners of the following described real estate: Property Address:815 W.Stadium Blvd.,Jefferson City,MO ,,»«u ,.,..,See Attached Exhibit "A"- Legal DescriptionLegal/Property Description (write out or attach as an exhibit): Who petition to rezone the above described real estate from its present classification of Bringsubject property in linewithsurrounding property uses district. The purpose of this rezoning request is to: C-2 C-1 district to Subject property is banking service.Zoning changewould align property with adjacent and surrounding commercial usesand allow property to advertise on level with adjacentuses. ALL OWNERS OF REAL PROPERTY PROPOSED TO BE REZONED MUST SIGN THE APPLICATION,AND ALL SIGNATURES MUST BE NOTARIZED. IFADDITIONAL SIGNATURES ARE NEEDED,PLEASE ATTACH SEPARATE SHEETS. Providence Bank Property Owner #1 Name (type or print) nature JBNMf&Z N^e ,eW>- Property Owner #2 Name (type or print) ARYV/#li?/^-'be^D^1SSi^^9re me th'S CHRISTISPAUNHORST July 9,2018 Cole County Commission #14910979 Address of Property Owner #1 /^ Name Providence Bank Property Owner Signature day of in the year v^ybcju^L Notary Mblic Tailing Address 3855 Forum Boulevard,Columbia,Missouri 65203 Phone Number 636-397-3916 /12162 Address of Property Owner #2 Name Mailing Address Phone Number For City Use Only: Payment Received:Cash (Receipt # Attachments:Additional sheets or documentation Application Filing Fee $210 (Revised June 30, 2015) toll. );_Check (Copy;check #_ _Applicant/Project Information Sheet Location Map Individuals should contact the ADA Coordinator at (573)634-6570 to request accommodations or alternativeformatsas required under the Americans with Disabilities Act.Please allow three business days to process the request. City of Jefferson Department of Planning &Protective Services 320 E. McCarty St Jefferson City, MO 65101 September 28,2016 Dear Property Owner: Thisletteris to notify you that the Jefferson City Planning and Zoning Commission will meet at 5:15 p.m. on Thursday,October 13,2016 in the Council Chambers ofthe John G.Christy Municipal Building,320 East McCartyStreet, to consider the following matter (see map on back): Case No.P16014 -815 West Stadium Boulevard,Rezoning from C-1 to C-2. Request filed by Providence Bank,propertyowner, fora rezoning of2.85 acres from C-1 Neighborhood Commercial to C-2 General Commercial.The property is located on the east side of West Stadium Boulevard 250 feet south of Hyde Park Road and is described as part of lot67 of Jordon Towne 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 delivertheir 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 allCommission members. Foryour information,this case is tentatively scheduled fora public hearing in front of the City Council on November 21, 2016. The City Council meets at 6:00 p.m. inthe 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. Ifyou have any questions concerning this matter,please feel free to contact us at 573.634.6475. Sincerely, CT^^o /£<z>^zc>^ Eric Barron,AICP Senior Planner Carrie Terain.Mayor Janice McMillan,AICP,Director Phone:573-634-6410 Fax:573-634-6457 Individuals should contactthe ADACoordinator at (573)634-6570 torequest accommodationsor alternative formats as required underthe Americans with Disabilities Act.Please allow three business daysto process the request. Pleasecall (573)634-6410 with questions regarding agenda items. Jefferson City Planning &Zoning Commission Page1 Property Owner List Case No.P16014 815 W Stadium Boulevard October 13,2016 LAUF,HARRY F&JUNE L,TRUSTEES 2340WEDGEWOODDR JEFFERSON CITY,MO 65109 2340WEDGEWOODDR PRESTIGE INVESTMENTS LLC 757 W STADIUM BLVD,#C JEFFERSON CITY,MO 65109 757 W STADIUM BLVD,#C JORDAN,RONALD L JORDAN, JAMES C JORDAN,ROBERT N PO BOX 104891 JEFFERSON CITY, MO 65110 2422 HYDE PARK RD 2419 HYDE PARK RD EPPLE HOLDING LLC 805 W STADIUM BLVD JEFFERSON CITY,MO 65109 805 W STADIUM BLVD CITY OF JEFFERSON PARKS &RECCOMM 320 E MCCARTY ST JEFFERSON CITY, MO 65101 817 STADIUM BLVD REAR PROVIDENCE BANK C/O ACCOUNTS PAYABLE A MISSOURI BANKING CORPORATION PO BOX 105288 JEFFERSON CITY,MO 65110-5288 815 W STADIUM BLVD (Subject Property) 813 W STADIUM BLVD LAND DEVELOPMENT CO 8514 LIBERTY RD JEFFERSON CITY,MO 65101 800 W STADIUM BLVD 2505 HARD ROCK DR Case No.P16014 815 W.Stadium Blvd. Rezoning from C-1 to C-2 185 ft.Notification Buffer 0 75 150 300 450 600 I Feet PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION October 13,2016 Case No. P16014 - 815 West Stadium Boulevard,Rezoning from C-1 to C-2.Request filed by Providence Bank,property owner,for a rezoning of 2.85 acres from C-1 Neighborhood Commercial to C-2 General Commercial.The property is located on the east side of West Stadium Boulevard 250 feet south of Hyde Park Road and is described as part of lot 67 of Jordon Towne Subdivision,Jefferson City,Missouri. Nature of Request The property owner desires to remove their existing signage and replace with new signage.The C-1 zoning of the property permits a maximum sign height of 10 feet. The existing freestanding sign on the property is approximately 23 feet tall, and the owner wishes to replace it with a sign of similar height. Because the sign is nonconforming,a permit cannot be issued for a new sign greater than 10 feet in height. The owner has applied to rezone the property to a C-2 General Commercial district,which would permit a sign height of up to 32 feet. Zoning History The property was annexed into the City Limits of Jefferson City in 1977,and has had a C-1 zoning since that time. Zoning and Surrounding Land Use Current Zoning: C-1 Requested Zoning:C-2 Current Use: Bank with drive through lane Intended Use: Bank with drive through lane Surrounding Zoning Surrounding Uses North C-1 Commercial Office South RC/RS-2 Wears Creek/Undeveloped Farmland East C-1 Bank Offices West C-2 Stoneridge Village Retail Development/Big Box Retail Allowed Uses: Allowed Uses: The C-2 General Commercial zoning district allows for a variety of land uses including 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. Staff Analysis Standard checklist for rezoning:Yes No Notes: Complies with Comprehensive Plan X The Comprehensive Plan identifies this property as intended for Commercial use.Frontage on an arterial street across from a big box retail development justifies the higher commercial zoning. Has access to necessary utilities X The existing building is served by all necessary utilities. Located outside flood zone X Small portions of the property lie within the 100 year floodplain. Meets district size requirement X The rezoning would be an expansion of an existing C-2 district and meets the minimum one acre size for the C-2 district. Benefit to City is substantial when compared to adverse affects on adjacent property X The property is adjacent to an arterial street and across from an existing big box retail development.An upgrade of the zoning of the property from C-1 to C-2 would be a benefit to the City. Planning and Zoning Commission Case No.PI6014 October 13,2015 Page 2 Staff Recommendation Rezoning Request: The property is bordered to the west by existing C-2 General Commercial zoning and has frontage on an arterial street. The property is ideal for a higher level of zoning than the current C-1 Neighborhood Commercial.Staff recommends approval of the request to rezone the property to C-2 General Commercial. Approve Deny Neutral Staff Recommendation X Form of Motion Motion to approve the request to rezone the property from C-1 to C-2.