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Home My Public Portal AboutORD15667 BILL NO. 2017-10 SPONSORED BY Councilman //Graham ORDINANCE NO. / .5 1b 7 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 0.73 ACRES OF LAND ADDRESSED AS 748 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 65 of Jordan Towne Subdivision, Section 1, more particularly described as follows: From the center of Section 11, Township 44 North, Range 12 West; thence South 85 degrees, 57 minutes, 59 seconds west, along the quarter section line, 850.97 feet to the westerly right-of-way line of Stadium West Boulevard, and the beginning point of this description; thence south 25 degrees 20 minutes 24 seconds east, along said right-of-way line, 21.46 feet; thence southeasterly along said right-of-way line, on a curve to the right, having a radius of 1223.24 feet, a distance of 120.65 feet; thence south 73 degrees 32 minutes 25 seconds west, along the northerly line of a 57 foot drainage and utility easement, shown on the plat of said Jordan Towne Subdivision, Section 1, 135.02 feet; thence north 62 degrees 12 minutes 31 seconds west, along the northerly line of a 50 foot drainage and utility easement shown on the plat of said Jordan Towne Subdivision, Section 1, 134.38 feet; thence north 04 degrees 02 minutes 01 seconds west, 92.57 feet to the quarter section line; thence north 85 degrees 57 minutes 59 seconds east, along the quarter section line, 200.00 feet to the beginning point of this description. Containing approximately 0.73 acres. Section 2. This ordinance shall be in full force and effect from and after its passage and approval. Passed: )4 1 / )79/7 Approved: air7 0,v-o,c1, --le7-15(,,,' da.)--im,a, ..,____T:ef,yf, Presiding:0fficerh-.. Mayor Carrie Tergin lei'EST: -�r. APPROVED AS TO FORM: 1) 4 ,_ ity':CI k.,_ -___._ Cit, Co selor 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, May 15, 2017 at 6:00 p.m. in the Council Chamber of the John G. Christy Municipal Building, 320 East McCarty Street, Jefferson City, Missouri. 1. 748 WEST STADIUM BOULEVARD — REZONING 0.73 ACRES FROM C-1 NEIGHBORHOOD COMMERCIAL TO C-2 GENERAL COMMERCIAL: Part of Lot 65 of Jordan Towne Subdivision, Section 1, more particularly described as follows: From the center of Section 11, Township 44 North, Range 12 West; thence South 85 degrees, 57 minutes, 59 seconds west, along the quarter section line,850.97 feet to the westerly right-of- way line of Stadium West Boulevard, and the beginning point of this description; thence south 25 degrees 20 minutes 24 seconds east, along said right-of-way line, 21.46 feet; thence southeasterly along said right-of-way line, on a curve to the right, having a radius of 1223.24 feet, a distance of 120.65 feet; thence south 73 degrees 32 minutes 25 seconds west, along the northerly line of a 57 foot drainage and utility easement, shown on the plat of said Jordan Towne Subdivision, Section 1, 135.02 feet;thence north 62 degrees 12 minutes 31 seconds west, along the northerly line of a 50 foot drainage and utility easement shown on the plat of said Jordan Towne Subdivision, Section 1, 134.38 feet; thence north 04 degrees 02 minutes 01 seconds west, 92.57 feet to the quarter section line;thence north 85 degrees 57 minutes 59 seconds east, along the quarter section line, 200.00 feet to the beginning point of this description; being located in Jefferson City, Cole County, Missouri. Containing approximately 0.73 acres. 2. 2725 MERCHANTS DRIVE—FINAL PUD PLAN AMENDMENT TO ADD CHILD DAYCARE TO THE LIST OF PERMITTED USES FOR THE PROPERTY: Lots 26 and 27 of Baxs Commercial Property Section 2, Jefferson City, Cole County, Missouri. 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, April 28, 2017 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 P LANNING AND ZONING COMMISSION April 13, 2017 COMMISSION MEMBERS PRESENT Bunnie Trickey Cotten Jack Deeken Chris Jordan, Chairman Michael Lester David Nunn Dale Vaughan Ron Fitzwater, Alternate Blake Markus, Alternate COMMISSION MEMBERS ABSENT Dean Dutoi Bob George Chris Yarnell, Vice Chairman Matthew Hall, Alternate COUNCIL LIAISON PRESENT Carlos Graham STAFF PRESENT 5:15p.m. Sonny Sanders, Interim Director of Planning & Protective Services Eric Barron, Senior Planner Shane Wade, Civil Engineer II Katrina Williams, Transportation Planner Anne Stratman, Administrative Assistant New Business/Public Hearings ATIENDANCE RECORD 6 of7 6 of7 7 of 7 6 of7 7 of7 5 of7 4 of7 5 of 7 5 of7 4 of7 6 of7 6 of7 Case No. P17007 -748 West Stadium Boulevard, Rezoning from C-1 to C-2. Request filed by Stadium Office LLC, property owner, for a rezoning of 0. 73 acres from C-1 Neighborhood Commercial to C-2 General Commercial. The purpose of the request is to permit signage installation taller than the maximum 10 feet signage height of the C-1 district. The property is located on the west side of Stadium Boulevard 300 feet north of Hyde Park Road and is described as Part of Lot 65 of Jordan Towne Subdivision, Jefferson City, Missouri. Mr. Barron described the proposal and explained that the property owner recently acquired the property and wishes to advertise the businesses in the building with a pole sign. He stated that the C-1 zoning of the property permits a maximum sign height of 10 feet, and would therefore not permit a typical pole sign. 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. He stated that the property is bordered on three sides by existing C-2 General Commercial zoning and has frontage on an arterial street. Mr. Barron explained that the property is ideal for a higher level of zoning than the current C-1 Neighborhood Commercial. Councilman Graham inquired whether City Staff normally represent an applicant bringing forth a case to the Commission. He expressed concerns of representing applicants on future zoning matters. Mr. Barron explained that he is not necessarily representing the applicant rather he is presenting the case in the applicant's absence. He stated that the Commission can table this matter until the applicant is present. Mr. Vaughan inquired whether the applicant is required to attend. Mr. Barron explained that the reason the applicant is required to attend is to answer questions that may arise. Mr. Barron explained that if there are questions to be answered the Commission could table the case until the applicant can be present. He read Rule 8, Appearance by Applicant When Public Hearing is Required, of the Rules of Procedure of the Jefferson City, Missouri Planning and Zoning Commission. Excerpt of Unapproved Minutes/Jefferson City Planning & Zoning Commission April 13, 2017 Page 2 Mr. Nunn commented that if the Commission votes no the applicant could be upset with the Commission and City Staff and set a bad precedent. Mr. Nunn moved and Mr. Vaughan seconded to proceed with voting on this issue. The motion passed 7-0 with the following votes: Aye: Cotten, Deeken, Fitzwater, Lester, Markus, Nunn, Vaughan No one spoke in opposition to this request and no correspondence was received. Mr. Barron gave the Planning Division staff report. Mr. Fitzwater left the Council Chambers at 5:40p.m. Ms. Cotten moved and Mr. Lester seconded to recommend approval to rezone the property from C-1 to C-2 to the City Council. The motion passed 6-0 with the following votes: Aye: Cotten, Deeken, Lester, Markus, Nunn, Vaughan Mr. Fitzwater returned at 5:45 p.m. City of Jefferson Planning & Zoning Commission LOCATION MAP • l I .. \ l \ (~"'" lit • I '' \\\ ~ ~ :.~"" ~ f ,, "'' • I .r .. ~ .. 't:' d •••• , t . ;. 0::: Q ~ w w .. 0::: t (.;) t w z 1J Q " C-2 f-:- Cl) Case No. P17007 Rezoning from C-1 to C-2 748 W. Stadium Blvd ~ 0 90 180 City of Jefferson Planning & Zoning Commission VICINITY \ r---~--MISSOURI ~BkVD ~-~~i~---~~-=-=--~~~ Case No. P17007 Rezoning from C -1 to C-2 7 48 W. Stadium Blvd [.] 0 120 240 •• City of Jefferson Dep a nmen t of Planning & Prot ective Services 320 E. McCarty Str eet Jefferson City, MO 65101 Phone: 573 -634-6410 j cplanning@jeffersoncitymo.g ov RECEIVED FE B 2 8 201 6 APPLICATION FOR ZONING AMENDMENT PLANN ING & PROTECTIVE SERVICES The undersigned hereby petitions the Planning and Zon ing Commission a nd City Council of the City of Jefferson, Missouri, for the following am endment to the Zoning Code: D Zo ning Text Amendment (Describe below or attach complete narra ti ve) Article and Section Affected (if applicable) __________________________ _ D escription of proposed text amendment: __________________________ _ "Zoning Map Amendment (Rezoning of Real Estate ) The undersigned hereby s ta te th ey are the owners of the following describ ed real esta te: Property Address: __ 7---Lf-Jg<£...-----!:W....:...._· --..!:>:.....;.'h=d~;-=-o=IY{-'--~g~;r~d::::....._ _____________ _ Legal/Property Description (write out or attach as an exhib i t):_..c...~....:t:?.::...:'/:....J/'--..::.o...:...:f __ /t.=..(J..c...;I __ 6.-'-5 __ -_J2_o:.....:..../'_~_o_n....:._ __ _ Towne ?u/?A,·v; s /en Who petition to rezone the above described real estate f rom its present classification of __ C __ -__._/ ___ district to __ L._-~;J.;z>....----d istric t. T he pu rpose of this rezoning request is to: ,tJ/a r e a >>&r n fol 1.:::> /' fJ,()fr; fJ,..p j()' fl'tt?JC $t~h !;e~hl ol 1-4e c-1 d /'51,./cf. Name Ma ilin Address Phone Number Address of Pro ert Own er #2 Name Mailin Addr ess Phone Numbe r For City Use Only: Application Filing Fe Property Owner Signature ---'-~-s-.t-L-........,_~"-+-in the year c:;Y<Q l J 9-..... Payment Received: __ Cash (Receipt # --~; __ Check (Copy ; check#--,----,---,-,----- Attachm ents: _Additional sheets or doc um en tation _ApplicanUProj ect Information Sheet _Location Map Individuals should contact the ADA Coordinator a t (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to proce ss the request. City of Jefferson Department of Planning & Protective Services 320 E. McCarty St. Jefferson City, MD 65101 March 30 , 2017 Dear Property Owner: Carrie Tergin, Mayor Sonny Sanders, Interim Director Phone: 573-634-6410 Fax: 573-634-6457 This letter is to notify you that the Jefferson City Planning and Zoning Commissi on wi ll meet at 5:15 p.m. on Thursday , April 13 , 2017 in the Council Chambers of the John G . Christy Municipa l Bui lding, 320 East McCarty Street, to consider the following matter (see map on back): Case No. P17007 -748 West Stadium Boulevard, Rezoning from C-1 to C-2. Request filed by Stad ium Office LLC , property owner, for a rezoning of 0 .73 acres from C-1 Neighborho od Commerc ial to C-2 General Commercial. The purpose of the request is to perm it s ignage installation ta ll er than the maximum 10 feet signage height of the C-1 district. The property is loc ated on t he west side of Stadium Boulevard 300 feet north of Hyde Park Road and is des cribed as Part of Lot 65 of Jordan To wn e Subdivision , Jefferson Ci ty, Missouri. As a nearby landowner and /or ne ighbor, you have the pr ivilege of atte nding th is hearing . Unfortu nately, 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 Plann ing and Protect ive Services I Planning Di v ision 573-634-6457 mail: Dept. of Planning and Protective Services I Planning Di v ision John G. Christy Municipal Bui lding , 320 E. McCarty Street Jeffe rson City, MO 65 101 Written comments received on or before 1:00 p.m. on the day of the meet ing will be made a part of the official record and copied and distributed to Comm ission members at the meeti ng . Those unable to provide written comments in advance are invited to deliver their comments to t he Commissi on Chairman only at the meeting. Correspondence received after 1:00 p.m . will be included in the offi ci al rec ord , but there is no guarantee that copies will be made for distribution to all Comm iss ion mem bers. For your information , th is case is tentat ivel y scheduled fo r a public hea ring in f ro nt of the City Coun cil o n May 15 , 201 7. The City Council meets at 6:00p.m. in the Cou nc il Chambe rs of the Joh n G . Chr isty Municipal Build ing , 320 East McCarty Str eet. Information regarding th is case may be v iewed on the Planning a nd Zon ing Commission webpage at: www.jeffersoncitymo .gov. If you have any questions concerning this matter, please feel free to conta ct us at 573.634.6475. Sincerely, Eric Barron , AICP Senior Planner indiv id u als s h o ul d co n tact the ADA Coor d inator at (573) 634-6570 to req u est accommodation s or a lte rna tive forma ts as requ ired under the Americans with Disab il ities Act. Please a ll ow three bus iness days to process the request. Please ca ll (573) 634-6410 with q u es ti ons regard ing agen da items. Jefferson City Planning & Zoning Commission Property Owner List Case No. P17007 748 West Stadium Boulevard DAYTON HUDSON CORPORATION C/0 PROPERTY TAX DEPT TPN 0950 TARGET CORP T0752 PO BOX 9456 MINNEAPOLIS, MN 55440-9456 735 W STADIUM BLVD JORDAN, F J CO L L C C/0 JIM JORDAN PO BOX 104891 JEFFERSON CITY, MO 65110 2412 HYDE PARK RD 751 W STADIUM BLVD JORDAN, JACK & FRANCES JEAN TRUSTEES PO BOX 104891 JEFFERSON CITY, MO 65110 2418 HYDE PARK RD WAL-MART REAL ESTATE BUSINESS C/0 PROPERTY TAX #0555 TRUST DAVID GLASS MNG TRUSTEE PO BOX 8050 MS 0555 BENTONVILLE, AR 72716 724 W STADIUM BLVD GORDON PARTNERSHIP 2509 MISSOURI BLVD #A JEFFERSON CITY, MO 65109 744 W STADIUM BLVD STADIUM OFFICE L L C 748 W STADIUM BLVD JEFFERSON CITY, MO 65109 748 W STADIUM BLVD (Subject Property) PRESTIGE INVESTMENTS L L C 757 W STADIUM BLVD #C JEFFERSON CITY, MO 65109 757 W STADIUM BLVD JORDAN, RONALD L JORDAN, JAMES C JORDAN, ROBERT N PO BOX 104891 JEFFERSON CITY, MO 65110 2422 HYDE PARK RD LAND DEVELOPMENT CO 8514 LIBERTY RD JEFFERSON CITY, MO 65101 800 W STADIUM BLVD Page 1 April13, 2017 Case No . P17007 Rezoning from C-1 to C-2 748 W. Stadium Blvd 185 ft. Notification Buffer MISSOURI BLVD HARD ROCK DR N W+E s 0 100 200 400 600 BOO ------Feet PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION April13, 2017 Case No. P17007 -748 West Stadium Boulevard, Rezoning from C-1 to C-2. Request filed by Stadium Office LLC, property owner, for a rezoning of 0.73 acres from C-1 Neighborhood Commercial to C-2 General Commercial. The purpose of the request is to permit signage installation taller than the maximum 1 0 feet signage height of the C-1 district. The property is located on the west side of Stadium Boulevard 300 feet north of Hyde Park Road and is described as Part of Lot 65 of Jordan Towne Subdivision, Jefferson City, Missouri. Nature of Request The property owner recently acquired the property and wishes to advertise the businesses in the building with a pole sign. The C-1 zoning of the property permits a maximum sign height of 1 0 feet, and would therefore not permit a typical pole sign. 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 and Surrounding Land Use Current Zoning: C-1 Requested Zoning: C-2 Surrounding Zoning North C-2 South C-2 East C-1 West C-2 Allowed Uses: Current Use: Office and Medical Office Intended Use: Office and Medical Office Surrounding Uses Retail Strip Mall/Big Box Retail Undeveloped Offices/Big Box Retail Undeveloped/Big Box Retail 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. S ffA I . ta nalVSIS 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 The property does not I ie within the 1 00 year floodplain. Meets district size requirement X The rezoning would be an expansion of an existing C-2 district. Benefit to City is substantial when compared to X The property is adjacent to an arterial street and adverse affects on adjacent property surrounded by existing big box retail developments. 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. P 17007 Standard checklist for rezoning: After rezoning, the allowed uses would compatible with uses allowed in adjacent districts After rezoning, the allowed uses would compatible with adjacent existing land uses be 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 Staff Recommendation Rezoning Req nest: Yes No X X X X Notes: The predominant zoning General Commercial. April 13, 2017 Page 2 in the area is C-2 The predominant use in the area is big box retail. The allowed uses of the C-2 district would be compatible with the area. Much of the surrounding zoning is C-2 General Commercial. The rezoning would be an expansion of the adjacent commercial zoning. The property is bordered on three sides 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. Staff Recommendation Form of Motion Motion to approve the request to rezone the property from C-1 to C-2.