HomeMy Public PortalAboutORD15603 SUBSTITUTE
BILL NO. 2016-85
SPONSORED BY Councilman Graham
ORDINANCE NO. / 1, 03
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING
THE FINAL SUBDIVISION PLAT OF INLOT 686 SUBDIVISION (310-312 WEST ELM STREET), A
SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI.
WHEREAS, Phoenix Healthcare Realty Holdings LLC, owner of the real estate hereinafter
described, having submitted to the City Council a plat of said real estate, being
located in Jefferson City, Cole County, Missouri, and described as: All of Inlot 686,
in the City of Jefferson, Missouri. Containing approximately 0.48 acres.
WHEREAS, it appears that said plat has been fully and properly signed and accepted by the
owner of said subdivision, known and referred to as the Final Subdivision Plat of
Inlot 686 Subdivision, that all taxes have been paid, that in all respects the
requirements of Chapter 445, RSMo, entitled "Plats" have been fully complied with
by the owner of said subdivision, and that in all respects the requirements of the
Planning and Zoning Commission of the City of Jefferson, Missouri, relating to plats
and subdivisions have been complied with.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI, AS FOLLOWS:
SECTION 1. That the Final Subdivision Plat of Inlot 686 Subdivision, lying, being and
situated within the corporate limits of the City of Jefferson, Missouri, as shown by the said plat
attached hereto and made a part of this ordinance, is hereby approved and accepted by the City
Council of the City of Jefferson, Missouri.
SECTION 2. The Mayor and City Clerk are hereby authorized and directed to endorse
acceptance of said plat hereon and to certify the approval of said plat under the seal of the City of
Jefferson.
SECTION 3. This ordinance shall be in full force and effect from and after the date of its
passage and approval.
Passed: 12—14—/CO Approved: )3-�-L, /q )--/ J/
aAAAict.--Te-)V6(Ai'
(#1,frr;
Presiding Officer Mayor Carrie Tergin
ATTEST: APPROVED AS TO FORM:
Ch2Avya.t, 19;(24tw
City Clerk City f o selor
THE CrTY Of JEFTERSON.MISSOURI.Etv OBOINANCE NO
APPROVED THrS TM 0".C .
CARRIE TERCIN.MAYOR PHYUJS POWEU.CITY CLERK
MATTHEW UORASCH.PE
CKAECTOR or PUBLIC WORKS
BARTL^SrVl
wso«MT<o«orfiaAL drawings.ogSJr •"croitwotiionsrsCTLKgamoia.v,
INLOT 686 SUBDIVISION
CITY OF JEFFERSON
COLE COUNTY,MISSOURI
ZONED RA-2 AND C-2
LOCATION MAP
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NOTES;
ACCUUCVSVSTANDARD.UREIAN
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RdH.TVHCCOINQS.UC
NO STRUCTURES ARE ALLOWED ON LOT 3
EULtXNG ON FROFOCED LOT 3 TO M REMCMB
PARENTTRACT DEEDW ROOK(67 FACE Jrt,COLE
COUNTY RECORDS
OWNER'S CERTIFICATE
KNOW AU MEN «V THESE PRESENTS THAT PHflfNIV HfAl THCART RF»J TV HOi Dim iif
TKE UNOERSCNED OWNED Or THC TRACT Or LAND DESCRIBED IN THE rORECOCNC
PROPERTY DESCRIPTION.HAVE CAUSED SAIO TRACT TO BE SURVEYED.SUSOMDED INTO
LOTS.AMO ON THIS PLAT THE LOT NUMBERS AND THE SIZES THEREOF ARE FuUY ANO
truly set roRTH.and sajd subomsion shau ec KNOWN AS I
ALL TAXES 9K ANO PAYABLE ACAMST SAX)PROPERTY HAVE BEEN PAO I
WITNESS WHEREOr THE UNDERSIGNED OWNERS OF SAJD TRACT J
THEIR HAND ANO SIGNATURE THIS 7m DAYOf .
PHOENIX HEALTHCARE REALTY HOLDINGS.LLC
STATE OF MISSOURI )
)ss
COUNTY or COLE
ON THIS CS OAT Of ^
APPEAR THE ABOVE SICKO OWNER. WHO EXECUTED THE fOREGOWO INSTRUMENT ANO
ACKNOWLEDGED THE SAME TO BE THE FREE ACT AND DEED Or SAIO LLC
_.201«.BErORE ME PERSONALLY C*>
'SEAL THIS .
COMMISSION EXPIRES..
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DOS™E.KAISER
DOCUMENT NO
S'ATE Of MISSOURI )
COL.NTY Of COLE )'
mm FOR RECORD DAY Of
AT O'CLOCKAND MINUTES ,
RECORDED <N BOOK PACE
RALPH C.BRAY.RECORDER
PREPARED FOR:PHOENIX HEALTHCARE
REALTY HOLDINGS.LLC
INLOT 686
CITY OF JEFFERSON,COLE COUNTY MO
Substitute Bill
310-312 W.Elm Street
Inlot 686 Subdivision
Final Plat
LAND SURVEYOR
'SEAL ANO SIGNATURE
SHEET NO:
I Of I
EXCERPT OF UN-APPROVED MINUTES
JEFFERSON CITY P LANNING AND ZONING COMMISSION
November 10,2016
5:15 p.m.
COMMISSION MEMBERS PRESENT
Jack Deeken
Dean Dutoi
Chris Jordan,Chairman
Michael Lester
David Nunn
Chris Yarnell,Vice Chairman
Ron Fitzwater,Alternate
Matthew Hall,Alternate
COMMISSION MEMBERS ABSENT
Bunnie Trickey Cotten
Bob George
Dale Vaughan
Blake Markus,Alternate
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
Jamie Abbott,Neighborhood Services Coordinator
Katrina Williams,Transportation Planner
Diane Cary,Administrative Technician
ATTENDANCE RECORD
2 of 3
3 of 3
3 of 3
3 of 3
3 of 3
3 of 3
2 of 3
3 of 3
ATTENDANCE RECORD
2 of 3
1 of 3
1 of 3
2 of 3
New Business/Public Hearings
Case No.P16020 -310 and 312 W.Elm Street,Rezoning from C-2 to RA-2 and Final
Subdivision Plat.Request filed by Phoenix Healthcare Realty Holdings LLC,property owner,for
a rezoning of 0.12 acres from C-2 General Commercial to RA-2 High Density Residential and a
three lot subdivision.The purpose of the request is to divide the property into three lots and align
the zoning boundary along the lot lines so that the property can be used as a commercial parking
lot in the rear and two residential lots in the front.The property is located on the north side of
West Elm Street 150 feet west of Broadway Street and is described as Inlot 686,Jefferson City,
Missouri (Bartlett and West,Consultant).
Mr.Barron described the proposal and explained that this is a single tract with two houses and a
parking lot at the rear of the property. Both houses are vacant and one is in a state of severe
dilapidation and in need of demolition.Phoenix Healthcare,the new owner,is interested in the
parking lot portion of the property only with no desire to retain ownership of the houses.The
owners have submitted a plan that would divided the property into 3 lots,one lot for each house
and one for the parking lot. A rezoning proposal to shift the C-2/RA-2 zoning boundary on the
property to align with the lot line boundary between the residential lots and commercial parking lot
is included with the subdivision plat application.Easements across the parking lot tract would be
granted to each of the residential lots so that vehicle access and parking could be accommodated
at the rear of the residential lots. He stated that the Board of Adjustment has approved variances
from the minimum lot width and street frontage regulations of the Zoning Code that would permit
the subdivision to be plated as proposed.
Mr. Hall left at 7:20 p.m.
Excerpt of Un-Approved Minutes/Jefferson City Planning &Zoning Commission Page 2
November 10,2016
Mr.Wade gave the Engineering Divisionstaff report.
Mr.Dustin Kaiser,Consultant at 1719 Southwest Dr.,spoke representing the applicant.
No one spoke in opposition to the request.
Mr.Barron gave the Planning Division staff report, and stated that staff recommends approval of
the requests.He stated that the proposed rezoning consists of a small portion of the property,
which is currently in residential use and would align the zoning boundary with the proposed lot
lines of the subdivision plat.
Mr.Nunn moved and Mr.Yarnell seconded to approve the rezoning request of the property,
consisting of 0.12 acres,from C-2 to RA-2.
Motion passed 5-0 with the following votes:
Aye:Deeken,Dutoi,Lester,Nunn,Yarnell
Mr.Nunn moved and Mr.Dutoi seconded to approve the Final Subdivision Plat of Inlot 686
Subdivision,subject to the following conditions:
a. Compliance with the comments and technical corrections of the Planning and Engineering
Division.
b. Submittalofa signed plat document priorto introduction to the City Council.
Motion passed 5-0 with the following votes:
Aye:Deeken,Dutoi,Lester,Nunn,Yarnell
City of Jefferson Planning &Zoning Commission
VICINITY
Case No.P16020
310 &312 W,Elm St.
Final Subdivision Plat
0 55 110 220 Feet N
S
City of Jefferson Planning &Zoning Commission
LOCATION MAP
Case No.P16020
310 &312 W,Elm St.
Final Subdivision Plat
0 50 100 200 Feet N
W
City of Jefferson
Department of Planning &Protective Services
320 E.McCarty Street
Jefferson City, MO 65101
Phone:573-634-6410
icplanning&jeffcitymo.orq
www.jeffersoncitymo.gov
APPLICATION FOR SUBDIVISION PLAT
RECElVFn
OCT -2016
%PUNNING &
•PROTECTIVE SERVICES
The undersigned hereby petitions the Planning and Zoning Commission and CityCouncil of the Cityof Jefferson,
Missouri for the following type of subdivision:O Preliminary Plat (*)Final Plat
.Subdivision of Inlot 6861.Name of Subdivision:
2.General location:312 W.Elm Street
3.Existing/Proposed zoning:RA-2 and C2
4.Existing/Proposed use of the property:RA-2 and C2
5.Size of the property in acres:0.48 acres
6.Total number of lots proposed:
7.The following items need to be submitted with the plat drawing,if applicable:
A. Public improvement construction plans are to be submitted to the Engineering Division with a final plat.
Signature of the Division Director,or his/her designee,is needed to certify that plans have been submitted:
NA (N/Aifno plans are required)
Signature Date
B. Description of any variances to the Subdivision Regulations being requested (please note section number
of the regulation below and attach a letter stating justification for the variance(s):
C.Appropriate application filing fee: $
JEFFREY WBUKER
Property Owner Name (type or print)
Engineer Name (type or print)
Dustin E.Kaiser
Surveyor Name (type or print)
Contact person for this application:
JEFFREY WBUKERName:
Preliminary Plat -Residential-$213*plus $4 per lot
Preliminary Plat -Commercial/lndustrial-$213*plus $4 per lot
Final Plat -$240*plus $4 per lot
'Revised June 30,2015 ,
Propefty
Engineer Signature
Surveyor Signature
Date
Date
Address:
312 DEERFIELD PL,JEFFERSON CITY, MO 65109
Phone Number:573-619-2031
Attachments:
D Variance request letter
D Additional documentation
For Staff Use Only
Notes:.
Individuals should contact theADACoordinatorat (573)634-6570 to request accommodations or alternative formats as
required under the Americans with Disabilities Act.Please allow three businessdays toprocess the request.
U
<yV
Jefferson City Planning &Zoning Commission Meeting
Engineering Division Staff Report
Thursday,November 10, 2016,12:15pm
Item 5. - New Business /Public Hearings
Case No. P16020 - Final Subdivision Plat,Inlot 686 Subdivision,312 West Elm Street
(C-2 /RA-2)
ENGINEERING STAFF RECOMMENDATION-
Recommend approval,subject to technical items being addressed priortotheplat being
considered by the City Council.
Existing Infrastructure Summary
• Public infrastructure exists in the vicinity.
•Sidewalk exists along West Elm Street.
• No infrastructure improvements are necessary forthis subdivision.
• The property currently contains two(2)buildings andaparkinglot.
Technical Corrections
•Please show the zoning /district lines according tothe proposed rezoning.
•Please provide the legal description ofthe inlot togo along with the caption provided for
the propertydescription,withall bearingsand distanceslistedto describethe
property boundary.Add the statement totheendofthe caption,'more particularly
described as follows;'.
Note the parent tract book and page under the notes listed.
The last note should read 'Building 'on proposed'Lot 2 to be removed'
Label Broadway 'Street'onthe face oftheplatandinthe location map also.
Please revise the City Approval Block to the current version.
Will ingress/egress to/from proposed Lot 1andLot2 across proposed Lot3 be by
separate document or will easement(s)be platted?Ifit isa separate document,we need it
in itssignedform at the sametimeas theplat.
PLANNING STAFF REPORT
JEFFERSON CITY PLANNING AND ZONING COMMISSION
November 10,2016
Case No.P16020 - 310 and 312 W.Elm Street,Rezoning from C-2 to RA-2 and Final Subdivision Plat.
Request filed by Phoenix Healthcare Realty Holdings LLC, property owner, for a rezoning of 0.12 acres from
C-2 General Commercial to RA-2 High Density Residential and a three lot subdivision. The purpose of the
request is to divide the property into three lots and align the zoning boundary along the lot lines so that the
property can be used as a commercial parking lot in the rear and two residential lots in the front. The property
is located on the north side of West Elm Street 150 feet west of Broadway Street and is described as Inlot 686,
Jefferson City,Missouri (Bartlett and West,Consultant).
Nature of Request
This property consists of single tract (one of the original Inlots of Jefferson City) with two houses, each of
which has been converted into a two unit building, and a parking lot at the rear of the property.Of the two
houses, both are vacant and one is in a state of severe dilapidation and in need of demolition.The property was
recently acquired by Phoenix Healthcare,who have offices located a short distance away at 500 Broadway
Street, and they are interested in the parking lot portion of the property only with no desire to retain ownership
of the houses. After consultation with Planning Division Staff, they have submitted a plan that would divide the
property into 3 lots (one lot for each house and one for the parking lot). A variance from the Zoning Code street
frontage requirement for the parking lot tract (allowing it to be split from the rest of the property although it's
only access is from an alley)was approved by the Board of Adjustment at their September 13 meeting.
Variances from the 60 feet minimum lot width requirement were also approved by the Board of Adjustment to
permit the two houses to be plated on separate lots with 52 feet of lot width each. A rezoning proposal to shift
the C-2/RA-2 zoning boundary on the property to align with the lot line boundary between the residential lots
and commercial parking lot is included with the subdivision plat application.Easements across the parking lot
tract would be granted to each of the residential lots so that vehicle access and parking could be accommodated
at the rear of the residential lots (negating the need for driveway access from Elm Street).
Zoning History
Prior to 1987,the property was entirely zoned RA-2. In 1987 the rear portion of the property was rezoned to C-
2 for the purpose of constructing a parking lot.
Zoning and Surrounding Land Use
Current Zoning: C-2
Requested Zoning:RA-2
Current Use:Residential with commercial parking lot in rear
Intended Use:Residential with commercial parking lot in rear
Surrounding Zoning Surrounding Uses
North C-2 Commercial parking lot /hotel,retail,office uses
South RA-2 Vacant residential structures /apartment buidlings
East RA-2 Single family and two unit residential
West RA-2 Single family residential
Allowed Uses:
The RA-2 district permits single family, duplex, and multi-family uses as well as residential care facilities and
similar uses.Please see Exhibit 35-28 for a complete list of authorized uses.
Minimum lot area for two family uses within the RA-2 district are 3,000 sf per dwelling and minimum lot area
for multi-family uses within the RA-2 district are 1,500 sf per dwelling unit.
Planning and Zoning Commission
CaseNo.P16020
Staff Analysis of Rezoning Proposal
Standard checklist for rezoning:
Complies with Comprehensive Plan
Has access to necessary utilities
Located outside flood zone
Meets district size requirement
Benefit to City is substantial when compared to
adverse affects on adjacent property
After rezoning, the allowed uses would be
compatible with uses allowed in adjacent districts
After rezoning, the allowed uses would
compatible with adjacent existing land uses
be
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
November 10,2016
Page 2
Yes No Notes
X
X
X
X
X
X
X
X
X
The Comprehensive Plan identifies the property
as intended for high density residential use,
which would support the requested rezoning.which would support the requested rezoning.
The property has access to necessary utilities
The property does not lie within the 100 \
Ul V/L/Vl IJ UUO UWWWOO 11/UVVVOJUI V UllllllVJ.
property does not lie within the 100 year
floodplain
The rezoning would
existing RA-2 district.
be an expansion of an
The rezoning would realign the zoning
boundary with the property lines shown on the
associated subdivision plat.
The RA-2 zoning would match the zoning of the
properties toeachside.
The RA-2 district would be compatible with the
surrounding area.
The C-2/RA-2 zoning boundary currently
bisects the residential portion of the property.
Realigning the boundary to the future lot line is
appropriate.appropriate.
The rezoning would be an expansion of the
adjacentRA-2zoning.
Staff Analysis of Subdivision Plat
The final subdivision plat, titled "Inlot 686 Subdivision",shows three lots. Lot 1 and Lot 2 are drawn around
the existing houses fronting on Elm Street. Lot 3 is drawn around the existing parking lot located to the rear of
the property. Lots 1and 2 would each include a small portion of the existing parking lot, which would serve the
parking needs of each lot, and a proposed 20 feet wide access easements for each lot is shown across the
parking lot tract. Lots 1and 2 are shown with a lot width of 52 feet each,which would not meet the standard 60
feet lot width of the RA-2 district, however, the Board of Adjustment approved a lot width variance for these
two lots to permit the 52 feet lot width. Lot 3 would not meet the Zoning Code requirement for street frontage,
as the only frontage for the lot is along an alley (which does not qualify as a street), however, the Board of
Adjustment approved a variance from the street frontage requirement to allow the lot to have sole access from
an alley. A condition of that variance is that no permanent structure may be constructed upon the lot.
Staff Recommendations:
Rezoning Request:Staff recommends approval of the request to rezone the property from C-2 to RA-2. The
proposed rezoning consists of a small portion of the property, which is currently in residential use, and would
align the zoning boundary with the proposed lot lines of the subdivision plat.
Final Subdivision Plat:Staff recommends approval of the Final Subdivision Plat. With the lot width and
street frontage variances approved by the Board of Adjustment,and subject to technical comments on the plat
document identified by staff, the plat meets the requirements of subdivision plats and applicable zoning
regulations.
Approve Deny Neutral
Staff Recommendation X
Planning and Zoning Commission November 10,2016
CaseNo.PI6020 Page 2
Form of Motion
1.Motionto approvethe requestto rezonethe property,consisting of 0.12 acres, from C-2 to RA-2.
2. Motion for approval of the Final Subdivision Plat of Inlot 686 Subdivision,subject to the following
conditions:
a. Compliance with the comments and technical corrections of the Planning and Engineering
Divisions.
b. Submittal of a signed plat document prior to introductionto the City Council.
Staff Note:thesetwo itemswill be forwarded to the City Councilas separatecouncilbills, one for the rezoning
and one for the subdivision plat. The rezoning bill will include a public hearing before the council. The
subdivision plat is not subject to public hearing requirements.Depending on when the signed final plat
documentis received and forwarded for consideration bythe CityCouncil,the two bill mayproceedto the City
Council on different dates and timelines.