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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 PRQW3nY«3WPIKJ«: Aa of mot tM or the art of jcfferson,coa county.Ktssom.as oesactco fY TM DEES 01DOOR «7 PACEJl»Of THE COU COUXTVRECORDS.AMDCONS HOKE PAxnaxARLr oesauBCDAS kujows; BEONtQe AT THE SOUTHEAST 03RNT3I Of SAB MOT CM OF THE CTTYWFEmTtSC* AUO K9C A FOMT ON THE NOKTH U9fT OF WAV LME Of OM 5TKCET.THCNCE H <rtnr w.iwM feet to thi southwest cocao of sab mot h>.wo leavk THE SOUTH tAeOF SATO M0T 6M,AND THE NOATN UOIT OfWAV UNC OF ON sntfTT. n «n*tjr €,with the west lime of sato mottm,m .97 feet to thi northwest CORNEROf SATOMOT <t6 THENCELEAVINGTHE WIST UNE Of SAID MOT CSS, ANDWITH THENORTHUNE OF SAD MOT IK,S 4J-JW E.10AJS FEETTO THE NORTHEASTOWNER Of SAJD MOT US;THENCE LEAVING THE NORTH UNE Of SAD MOT AM AMPWITH THE EAST IIMEOF SAO MOT ««.S ATOTOfW.I0SJ7 HIT TO THE FOWT OF El GQNTASeCAS ACRES MORE OR IBS. route AS NOTED set »/a*boo «/ CAP CIS 200SOIJJ57 CUT CROSS FOUND COMPUTED POINT rOUNO CORNER St"CORNER MEASURED RECORO POINT Of COMMENCEMENT POINT Of 9ECINMNC PONT Of TERMINATION NOTES; ACCUUCVSVSTANDARD.UREIAN SUn«V FOR:FHOCNTA HEALTHCARE 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.. IfrbwAT lU^toriTtar. ^ 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.