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Home My Public Portal AboutORD15781 BILL NO. 2017-126 SPONSORED BY Councilman Graham ORDINANCE NO. /510 d 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 0.92 ACRES OF LAND ADDRESSED AS 994 DIAMOND RIDGE FROM C-O OFFICE COMMERICAL TO C-1 NEIGHBORHOOD 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-O Office Commercial to C-1 Neighborhood Commercial.: Lot No. 87 of The Diamonds, Section Four, in the City of Jefferson, Missouri. Containing 0.92 acres. Section 2. This ordinance shall be in full force and effect from and after its passage and approval. Passed: /1 ) anteApproved: Aph,( ( 11 do I g (VIVV1 Presiding Officer Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM: Ci Clerk City C.un 'dor EXCERPT OF UN-APPROVED MINUTES SPECIAL MEETING OF THE JEFFERSON CITY PLANNING AND ZONING COMMISSION March 29, 2018 5:15 p.m. COMMISSION MEMBERS PRESENT ATTENDANCE RECORD Bunnie Trickey Cotten 7 of 8 Jack Deeken 7 of 8 Dean Dutoi 4 of 8 Bob George 6 of 8 Chris Jordan, Chairman 8 of 8 Michael Lester 7 of 8 David Nunn 5 of 8 Chris Yarnell, Vice Chairman 5 of 8 Michelle Mahoney, Alternate 6 of 8 Blake Markus, Alternate 6 of 8 COMMISSION MEMBERS ABSENT Dale Vaughan 6 of 8 Matthew Hall, Alternate 3 of 8 COUNCIL LIAISON PRESENT Carlos Graham, Council Liaison STAFF PRESENT Eric Barron, Planning Manager Bryan Wolford, Associate City Counselor Alex Rotenberry, Planner Ian Zollinger, Planner Anne Stratman, Administrative Assistant New Business/Public Hearings Case No. P18006 – 994 Diamond Ridge, Rezoning from C-O to C-1. Request filed by Nathalie Tungesvik, property owner, for the rezoning of 0.97 acres of property from C-O Office Commercial to C-1 Neighborhood Commercial. The property is located on the Northwest corner of Diamond Ridge and Emerald Lane and is described as Lot No. 87 The Diamonds, Section Four, in the City of Jefferson, Missouri. Mr. Zollinger described the proposal and explained that this request is for an existing two story office building that has a vacant lower level. He stated that the property owner wishes to lease a portion of the lower level of the building to a Salon and Day Spa tenant. Mr. Zollinger explained that Salon/Day Spas are defined by the Zoning Code as a “personal services” use and are not permitted in the C-O zoning district. He stated that the property owner is requesting a rezoning of the property to C-1 in order to permit the proposed use. Mr. Zollinger explained that in 1998, owners of the property proposed a rezoning from C-O to C-1. He stated that staff made no recommendation either in the positive or negative and that application was denied by the Planning and Zoning Commission. Mr. Zollinger explained that in 2012 a rezoning proposal was filed by the property owner to the east to accommodate a personal services business, similar to what is proposed with this application. He stated that staff made a recommendation to approve the rezoning and the Planning and Zoning Commission voted to approve the rezoning. Mr. Zollinger explained that the Comprehensive Plan Development Plan map currently identifies this property as being intended for commercial use and the proposed rezoning would be a continuation of the C-1 zoning pattern on the north side of Emerald Lane. Mr. Dale Vaughan, 1002 Diamond Ridge, spoke on behalf of the applicant and explained that the proposal is to put a salon in the lower level. He stated that the proposed salon will not be visible to the neighborhood behind it. Mr. Vaughan explained that the proposed salon should not create additional traffic. Excerpt of Un-Approved Minutes of Special Meeting/Jefferson City Planning & Zoning Commission Page 2 March 29, 2018 Mr. Max Fisher, 999 Diamond Ridge, spoke in favor of this request. No one spoke in opposition to this request and no correspondence was received. Mr. Zollinger gave the Planning Division staff report. Mr. Nunn moved and Mr. George seconded to recommend approval of the request to rezone the property from C-O to C-1. The motion passed 8-0 with the following votes: Aye: Cotten, Deeken, Dutoi, George, Lester, Markus, Nunn, Yarnell NOTICE OF PUBLIC HEARINGS ON PLANNING AND ZONING MATTERS The City Council of the City of Jefferson, Missouri, will hold a public hearing on the following planning and zoning matter on Monday, April 16, 2018 at 6:00 p.m. in the Council Chamber of the John G. Christy Municipal Building, 320 East McCarty Street, Jefferson City, Missouri. 994 Diamond Ridge – REZONING 0.92 ACRES FROM C-O OFFICE COMMERCIAL TO C-1 NEIGHBORHOOD COMMERCIAL: Lot No. 87 of The Diamonds, Section Four, in the City of Jefferson, Missouri. Containing 0.92 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. Emily Donaldson, City Clerk, City of Jefferson, Missouri P.T. - Friday, March 30, 2018 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 Sonny Sanders Phone (573) 634-6475 Fax (573) 634-6457 PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION March 29, 2018 Case No. P18006 -994 Diamond Ridge, Rezoning from C-0 to C-1. Request filed by Nathalie Tunkgesvik, owner, for the rezoning of .97 acres of property from C-0 Office Commercial to C-1 Neighborhood Commercial. The property is located on the Northwest corner of Diamond Ridge and Emerald Lane and is described as Lot No. 87 The Diamonds, Section Four, in the City of Jefferson, Missouri. Nature of Request This request is for an existing two story office building that has a vacant lower level. The property owner wishes to lease a portion of the lower level of the building to a Salon and Day Spa tenant. Salon/Day Spas are defined by the Zoning Code as a "'personal services'' use and are not pennitted in the C-0 zoning district. The property owner is requesting a rezoning of the property to C-1 in order to permit the proposed use. Zoning History: In 1998, owners of the property proposed a rezoning from C-0 to C-1. Staff made no recommendation either in the positive or negative. The application was denied by the Planning and Zoning Commission. In 2012 a rezoning proposal was filed by the property to the East to accommodate a personal services business, similar to what is proposed with this application. Staff made a recommendation to approve the rezoning and the Planning and Zoning Commission voted to approve the rezoning. Zoning And Surrounding Land Use Current Zoning: C-0 Current Use: Office/ Medical Offices Requested Zoning: C-1 Intended Use: Offices/Personal Services Surrounding Zoning Surrounding Uses North RS-2 Single Family Residential South C-2 Offices Buildings/ Professional Services/ Banks East C-1 Offices West C-1 Offices/Private School Staff Analysis Standard checklist for rezoning: Yes No Notes: Complies with Comprehensive Plan X The Comprehensive Plan identifies this property as commercial and supports the requested rezoning. Has access to necessary utilities X The existing building is already connected to all necessary utilities. Standard checklist for rezoning: Yes No Notes: Located outside flood zone X The property does not lie within the I 00 year floodplain. Meets district size requirement X A variety of commercial zoning exists in the area. The rezoning can be considered an extension of the mixed commercial zoning in the area. Benefit to City is substantial when compared to adverse X The rezoning would allow for more effects on adjacent property commercial flexibility in an established commercial area. The rezoning would not be a grant of privilege to the X The public would benefit from the additional owner with little or no benefit to the public commercial flexibility. After rezoning, the allowed uses would be compatible X The majority of the north side of Emerald with uses allowed in adjacent districts Lane is zoned C-1 . After rezoning, the allowed uses would be compatible X The rezoning would be a continuation of the with adjacent existing land uses commercial development pattern in the area. If not rezoned, the owner would be deprived of use X Adjacent properties and nearby properties in advantages enjoyed by surrounding owners (reverse spot the area enjoy a higher commercial use of zoning) their property. The requested rezoning would be an expansion of an X The rezoning would be a continuation of the existing district commercial zoning in the area. Staff Recommendation The Comprehensive Plan Development Plan map currently identifies this property as being intended for commercial use and the proposed rezoning would be a continuation of the C-1 zoning pattern on the north side of Emerald Lane. Staff recommends approval of the rezoning request. Staff Recommendation Form of Motion I. Motion to approve the request to rezone the property from C-0 to C-1. City of Jefferson Planning & Zoning Commission LOCATION MAP Case No. P18005 994 Diamond Ridge Rezoning from C-0 to C -1 0 115 230 460 Fee t -==-==--- City of Jefferson Planning & Zoning Commission VICINITY Case No. P18006 994 Diamond Ridge Rezoning from C-0 to C-1 0 350 700 City of Jefferson Department of Plannin g & Protective Services 320 E. McCarty Street Jefferson City, MO 65101 Phone: 573-634-6410 jcplanning@jeffer soncitymo. qov APPLICATION FOR ZONING AMENDMENT T he undersigned hereby petitions the Planning and Zoning Comm ission and City Council of the City of Jefferson , Missouri, fo r the fo ll owi ng amendment to the Z oning Code: 0 Zon in g T ext Amendment (Describe below or attach complete narrative) Article and Section Affected (if applicable) _________________________ _ De scription of pr oposed text amendment: __________________________ _ 'fl Zoning Map Amendment (Rezoning of Real Estate) T he undersigned hereby state they are the owners of the following described rea l estate: /00 , Jc. ~ J"lc.Ji PropertyAddre ss: qqlj Ut~II"""".A.c/ p_,·J7e. 1 St'-.'+-{ Lega l/Property Description (write out or attach as an exh ibit):_-=L=-· -=.v_.J-_..~.£.~-7,___tt-H---O--t '~_\I\-\.--=O'--'\..::.:J=s.__~S~eo..~oc"""~..!.h..I<.'"-'J ""~· Who petition to re z one the above described rea l estate from its present classification of __ C==---_0 ____ district to --=C=----=-'------district. Th e purpose of this rezoning request is to: -------------- ALL OWNERS OF REAL PROPERTY PROPOSED TO BE REZONED MUST SIGN THE APP LICATIO N, AND ALL SIGNATURES MUST BE ~O TARIZED . IF ADDITlONAL SIGNATURES ARE NEEDED, PLEASE ATIACH SEPARATE SHEETS. t\ .. ~ ... w{ f_,.p NL~+t.u.l,'t. 1~"1 -i-i'u ,'ll., L.Lc. . ~Jd·~l,'t \~t'•' t.. ~tttkJiee -~~y ~.~:{.1 LL 0( W fS ~\A.~· Propy Owner #1 Name (typer p rint) 'Property Own~re Property Owner #2 Name (type or print) Property Owner Signature u-tt--day of V\ttcl~ /k in the year ~C{B \( SubscSt!~lc:Md iji~~~e this Nota!A Public -Nota~ ea 91JJ).)). 1/ ~ia Mu-( _)LA. ST JE OF MISSO Rl Cole County Com':J1i~sio~~ 15423.~~~'"Mn "-.__}Notary Public J Addre ·~ ·~ ,, -. -·--:: . ~ JC Name t'J~l+ k~ /,·<1... \u •IIJ1eS' v; k_ Mailing Address qq t.( btlA.~Oo-..J R-t~ t SLtlh 'LCJO Jc kO ~ "S]o cl CS7?) w '-!)-357~ J Phone Number Address of Property Owner #2 , I ~· '' . ) •· .~: ' .::~:tt··,·. ~ ;:::·. ;'~ .• ~ '{ Name Mailing Address Phone Number For City Use Only: Appl ication Filin g Fee $210 (Revised Jun e 30, 2015) Payment Received: __ Cash (Receipt # ); __ Check (Copy; c he ck #--:--""7'"--:-:---- Attachments: _Additional sheets or documentation _Applicant/Proj ec t Informatio n Sheet _Location Map Individuals should c ontact 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. City of Jefferson Carrie Tergin, Mayor Department of Planning & Protective Services 320 E . McCarty St. Jefferson City, MD 65101 March 15, 2018 Dear Property Owner: Sonny Sanders, AICP, Director Phone: 573-634-6410 Fax: 573-634-6457 This letter is to notify you that the Jefferson City Planning and Zo ni ng Comm iss io n will hold a Special Meeting at 5 :15 p.m. on Thursday , March 29 , 2018 in the Council Chambers of the Joh n G. Chris ty Mun icipal Bu il ding , 320 East McCarty Street, to cons ider the following matter (see map on back): Case No. P18006 -994 Diamond Ridge, Rezoning from C-0 to C-1. Request filed by Nathalie Tunkgesvik, property owner, for the rezoning of 0.97 acres of property from C-0 Offic e Commercial to C-1 Neighborhood Comme rcial. The property is located on the Northwest corner of Diamond Ridge and Emerald Lane and is described as Lot No. 87 The Diamonds, Sect ion Four, in the City of Jefferson, Missouri. As a near by landowner and /or neighbor, you have the privilege of attending th is hear ing . 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 fa x : Dept. of Planning and Protective Services I Planning Division 57 3-634-6457 mail : Dept. of Planning and Protective Services I Planning Divis ion 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 an_d copied and distributed to Comm ission members at the me~t i ng . Those unable to prov ide written comments in advance are invited to deli ver their comments to the Comm ission Cha irman only at the meeting . Correspondence re ceived after 1:00 p.m. will be inclu ded in t he official re cord, but there is no guarantee that copies will be made fo r distribution to a ll Comm iss ion membe rs. For your information , th is case is tentatively scheduled for a public hea ri ng in fron t of the City Council on , Monday , May 7, 2018 . The City Council meets at 6:00 p.m. in the Cou ncil Chambers of the Joh n G. Christy Mun icipal Building, 320 East McCarty Street. · Information regarding this case may be viewed on the Planning and Zon in g Commission webpage at: http://www.jeffersoncitymo .gov/government/p lanning/planning and zoning commission .php If you have any questions concerning this matter, please feel free to contact us at 573 .6 34.64 7 5. Individuals s h o uld contac t the ADA Coor d inato r at (573 ) 634-6570 to r eq uest accom mod ations or a lternat ive forma ts as re q uired und er the Americans w ith Disabili ties Act. Pl ease a ll ow three business d ays to process the re q uest. Please ca ll (573) 634-6410 w ith questi ons regar d ing agenda ite ms. Jefferson City Planning & Zoning Commission Property Owners List Page 1 Case No. P18006 994 Diamond Ridge March 29, 2018 WILLIAMS, THOMAS DAVID & VICKY SUE 991 DIAMOND RDG JEFFERSON CITY, MO 65109 991 DIAMOND RDG BONO, JOHN RANDAL & MARY ELLEN 995 DIAMOND RDG JEFFERSON CITY, MO 65109 995 DIAMOND RDG TUNGESVIK, NATHALIE LL C 994 DIAMOND RDG, SUITE 200 JEFFERSON CITY, MO 65109 994 DIAMOND RDG (Subject Property) 3212 EMERALD LANE LL C 3212 EMERALD LN JEFFERSON CITY, MO 65109 3212 EMERALD LN FRANKE, DEAN D & CARRIE A 987 DIAMOND RDG JEFFERSON CITY, MO 65109 987 DIAMOND RDG ALEWEL, JON W JR & PATRICIA A 978 DIAMOND RDG JEFFERSON CITY, MO 65109 978 DIAMOND RDG PATEL, SURESH P & SHILA S 982 DIAMOND RDG JEFFERSON CITY, MO 65109 982 DIAMOND RDG PHELPS, LOUIS C 986 DIAMOND RDG JEFFERSON CITY, MO 65109 986 DIAMOND RDG SPEARS, ALAN COX, CHERYL 990 DIAMOND RDG JEFFERSON CITY, MO 65109 990 DIAMOND RDG STANDLEE-TUNGESVIK LL C 994 DIAMOND RDG, STE 200 JEFFERSON CITY, MO 65109 994 DIAMOND RDG FISHER, MAX & ANN PROPERTIES LL C 999 DIAMOND RDG JEFFERSON CITY, MO 65109 999 DIAMOND RDG DOUBLE VISION ENTERPRISES LL C PO BOX 104891 JEFFERSON CITY, MO 65110 1001 DIAMOND RDG SCHEPPERS, JOSEPH N & BRENDA K 817 WEATHERHILL RD JEFFERSON CITY, MO 65109 SARDONYX DR DOUBLE VISION ENTERPRISES LL C C/0 JIM JORDAN PO BOX 104891 JEFFERSON CITY, MO 65110 1004 DIAMOND RDG Case No. P18006 994 Diamond Rid Rezoning from C-g~ to C-1 185ft N t ·t· . o I !cation Buffer 0 70 140 -- s 280 420 560 Feet