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Home My Public Portal AboutORD15000 BILL NO. 2012-48 SPONSORED BY Councilman Mihalevich ORDINANCE NO. / 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 0.50 ACRES FROM C-O OFFICE COMMERCIAL TO RA-1 HIGH DENSITY RESIDENTIAL, FOR LAND ADDRESSED AS 2715 PORTABELLO PLACE DRIVE, DESCRIBED AS LOT 30 OF CREEKSIDE PARK SUBDIVISION, SECTION TWO, JEFFERSON CITY, COLE COUNTY, MISSOURI. WHEREAS, It appears that the procedures set forth in the zoning code relating to zoning have in all matters been complied with; and WHEREAS, The zoning ordinance requires consistency between the comprehensive plan and the zoning map and the proposed zoning change would necessitate a change to the Comprehensive Plan Development Plan Map. 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-0 Office Commercial to RA-1 High Density Residential: Lot 30 of Creekside Park Subdivision, Section Two. Section 2. An amendment to the Comprehensive Plan Development Plan Map is hereby endorsed to reflect the changes for the area described in Section 1 from Commercial to High Density Residential. Section 3. This ordinance shall be in full force and effect from and after its passage and approval. Q Passed: C� � � Approved: V �� Presiding Offic r N4 Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Counselor EXCERPT OF UN-APPROVED MINUTES JEFFERSON CITY PLANNING AND ZONING COMMISSION July 12, 2012 5:15 p.m. COMMISSION MEMBERS PRESENT ATTENDANCE RECORD Jack Deeken 2 of 2 Dean Dutoi 1 of 2 Bob George 2 of 2 Chris Jordan, Vice Chairman 1 of 2 Michael Lester 2 of 2 David Nunn 1 of 2 Ralph Robinett, Chairman 2 of 2 Dale Vaughan 1 of 2 Chris Yarnell* 2 of 2 Bunnie Trickey Cotten, Alternate 2 of 2 *Arrived Late EX-OFFICIO MEMBERS PRESENT Rick Mihalevich, City Council Liaison STAFF PRESENT Janice McMillan, Director of Planning & Protective Services Eric Barron, Senior Planner Shane Wade, Civil Engineer 11 Anne Stratman, Administrative Assistant New Business/Public Hearings Case No. P12008 — 2715 Portabello Place Drive; Rezoning from C-O to RA-1 and Comprehensive Plan Amendment. Application filed by Mid America Bank, property owner, Schuyler Mariea, authorized representative, on behalf of TriBeca Investment Group, applicant, to rezone 0.5 acres from C-O Office Commercial to RA-1 High Density Residential and an associated amendment to the Development Plan Map of the Comprehensive Plan to show the property as High Density Residential. The property is located at the southeast corner of Creek Trail Drive and Portabello Place Drive and is described as Lot 30 of Creekside Park Subdivision Section 2. Mr. Barron described the proposal and explained that the purpose of the request is to allow for the construction of a multi-unit residential building. Mr. Yarnell arrived at 5:25 p.m. Chairman Robinett announced that regular member Mr. Yarnell has arrived and that Ms. Cotten will no longer be a voting member. Mr. Paul Samson, Central Missouri Professional Services, 2500 E. McCarty Street, spoke regarding this request and explained that the lot is currently zoned C-O Office Commercial and is owned by Mid America Bank. He stated that TriBeca Investments LLC, proposed buyer, intends to construct a multi-unit residential building on the lot. No one spoke in opposition to this request and no correspondence was received. Mr. Barron gave the Planning Division staff report. Mr. Dutoi moved and Mr. Nunn seconded to amend the Development Plan Map of the Comprehensive Plan in order to show the property as High Density Residential. The motion passed 8-0 with the following votes: Aye: Deeken, Dutoi, George, Jordan, Lester, Nunn, Vaughan, Yarnell Mr. Dutoi moved and Mr. Lester seconded to recommend approval to rezone the property from C- O to RA-1 to the City Council. The motion passed 8-0 with the following votes: Aye: Deeken, Dutoi, George, Jordan, Lester, Nunn, Vaughan, Yarnell City of Jeffers®n Planning & Zoning Commission LOCATION ILI, Z la 1 '51up I":Jf Wl M 0. ................. .......... 0 125 250 500 Feet N 2715 Portabello Place Drive (Lot 30) RM so 11111191=1 W E Rezoning from C-0 to RA-1 and Comprehensive Plan Amendment + S City of Jefferson Planning & Zoning Commission VICINITY O=W=EDGEW.OAD_DR —BRIARWpOD= : — _DR� .� KENV1IpOD_DRJ p LU iEDARWOo C B 8 ff -MISSION-DR �Tr _ LIBERTY-L-N N 0 260 520 1,040 Feet 2715 Portabello Place Drive (Lot 30) w g Rezoning from C-O to RA-1 and S Comprehensive Plan Amendment APPLICATION FOR ZONING AMENDMENT D LS City of Jefferson -*Planning Division Department of Planning $ Protective Services JUN Q Z�)2 320 East McCarty Street Jefferson City, Missouri 65101 Phone (573) 634-6410 Fax (573) 634-6457 PLANNING AND TRANSPORTATION E V E The undersigned hereby petitions the Planning and Zoning Commission and City Council of the I Missouri, for the following amendment to the Zoning Code: ❑ Zoning Text Amendment (Describe below or attach complete narrative) Article and Section Affected (if applicable) Description of proposed text amendment: Zoning Map Amendment (Rezoning of Real Estate) The undersigned hereby state they are the owners of the following described real estate: Property Address: 15- p(vrr_ Legal/Property Description (write out or attach as an exhibit): — /rte �!• Who petition to rezone the above descrlb real elate from its present classification of t3 _district to /} - 1 district. The purpose of this rezoning request is to: r I�t6�n �!acI '�I �nn. j� Gnll•r ALL OWNERS OF REAL PROPERTY PROPOSED TO BE REZONED MUST SIGN THE APPLICATION,AND ALL SIGNATURE MUST BE NOTARIZED. IF ADDITIONAL SIGNATURES ARE NEEDED, PLEASE TTACH SEPARATE SHEETS. L60 r Prc erty Owner#1 Name (type or print p Proper[ Owner Signature Property Owner#2 Name (type or print) / h Property Owner Signature Subscribed and sworn before me this /_ t: day of �� in the year Notary Public- Notary Seal STATE OF MISSOURI Notary Public County of Osage t451 QMMINiscinn Fvniroe 7/d/7n 15 Commission#11387959 Address of Property Owner#1: k Address of Property Owner#2 Phone Number(s): Applicant Information (if different from property owner): Name: ','Y; lire_ ';tj"04P "t (r✓�..�p LLC Address: V or ' r * bd /, Phone Number Sj ; - i ='I t-a vt For City Use Only., Application Filing Fee $200 Payment Received: Cash (Receipt# ) Check (Copy; check# ) Attachments: Additional sheets or documentation —Applicant/Project Information Sheet Location Map Individuals should contact the ADA Coordinator at(573) 634-6570 to request accommodations oraltemative formats as required under the Americans with Disabilities Act. Please allow 72 business hours to process the request. APPLICATION FOR AMENDMENTS TO THE COMPREHENSIV A C fe�ecWeE City of Jefferson - Planning Division Department of Planning & Protective Services 320 East McCarty Street JUN 1 4 20R Jefferson City, Missouri 65101 Phone (573) 634-6410 Fax (573) 634-6457 PLANNING AND The undersigned hereby petitions the Planning and Zoning Commission and City Coun T CES Missouri, for the following amendment(s) to the City's Comprehensive Land Use Plan or Development Plan Map, U Text Amendment Map Amendment Applications for Map amendments shall include a location map and level of detail required for site plan review as outlined in Exhibit 35-71. All applications shall attach a narrative which addresses the following criteria, as outlined in Section 35-74.A.4, Jefferson City Zoning Code. Sec J44uiht' a. Whether there was error in the originN Comprehensive Plan adoption in that the Planning and Zoning Commission failed to take into account then existing facts, projections or trends that were reasonably foreseeable to exist in the future. b. Whether events subsequent to the Comprehensive Plan adoption have invalidated the Commission=s original premises and findings made upon plan adoption. C. Whether the change is consistent with the goals, objectives and policies of the Plan. d. Whether events subsequent to the Comprehensive Plan adoption have changed the character and/or condition of the area so as to make the application acceptable. e. Whether the change is needed to improve consistency between the Comprehensive Plan and other adopted plans. f. Whether public and community facilities, such as utilities, sanitary and storm sewers,water, police and fire protection, schools, parks and recreational facilities, roads, libraries, solid waste collection and disposal, and others are adequate to serve development for the type and scope suggested by the proposed zone. If utilities are not available, whether they can be extended reasonably. g. Whether there is an adequate supply of land available in the subject area and the surrounding community to accommodate the zoning and community needs. h. Whether there will benefits derived by the community or area by the proposed change. Amendment Re sted by: HProperty Owner ❑Staff ❑Planning and Zoning Commission ame iltyped orprinted) (� �`\��IpS. /�t,\cyke,,,(�GVP Signature xProperty Owner Name Address S`� �f vev� ,O 1` o �\ s� r ' ' �• ��D Phone Number(s):� 7 6,35 60 t Applicant Name (if different from owner): r C)+:.�, n� l�^�<, } (� e.1 FT L LL {� � r t Address: � (�l' x-f�'rr a,tr ,�1� 6fY 1..A./4CLSI:, 01 /r-;. Phone Number(s) >_7 j For City Use Only: Application Filing Fee $200 Application Filing Fee Received: Cash (receipt#_) Check (copy, check# ) Attachments:_Narrative _Map Applicant/Project Information Sheet Individuals should contact the ADA Coordinator at(573) 634-6570 to request accommodations oralternative formats as required under the Americans with Disabilities Act. Please allow 72 business hours to process the request. COMPREHENSIVE PLAN AMENDMENTS Excerpt from Section 35-74 Legislative Approval - Development Permits Ordinance No. 13361 A. Whether there was error in the original Comprehensive Plan adoption in that the Planning and Zoning Conunission failed to take into account then existing facts,projections or trends that were reasonably foreseeable to exist in the future. At the time of the adoption of the 1996 Comprehensive Plan, this area was largely undeveloped and thefuturepattern ofdevelopntent was unknown. The use oftheproperty in a Multi-family manner is ideal,given the development pattern that has takers place since the adoption of the Comprehensive Plan. B. Whether events subsequent to the Comprehensive Plan adoption have invalidated the Commissions original premises and findings made upon plan adoption. While the potential for conuuercial development along thefuture extension of Creek Trail Drive remains high, the current development pattern in the area is Multi family residential. C. Whether the change is consistent with the goals, objectives and policies of the Plan. The change would be compatible with the development pattern in the area. D. Whether events subsequent to the Comprehensive Plan adoption have changed the character and/or condition of the area so as to make the application acceptable. While the potential for commercial development along Creek Trail Drive remains high, the development pattern in the area is of a multi family residential character. E. Whether the change is needed to improve consistency between the Comprehensive Plan and other adopted plans. The development proposed for the area world be compatible with street ttehvorlrlcottttectivity plans for the area. F. Whether public and community facilities, such as utilities, sanitary and storm sewers, water, police and fire protection, schools,parks and recreation facilities,roads,libraries,solid waste collection and disposal,and others are adequate to serve development for the type and scope suggested by the proposed zone. If utilities are not available, whether they can be extended reasonably. All public utilities are available for extension to serve the area. G. Whether there is an adequate supply of land available in the subject area and the surrounding community, to acconunodate the zoning and community needs. Laud is adequate for the proposed use. H. Whether there will be benefits derived by the community or area by the proposed zone. The communifil and area will heuefrtfrom the development ofcompatible laud uses in the area. Applicant Date rr AP City of Jefferson Eric J. Struemph, Mayor Department of Planning&Protective Services Janice McMillan,Director 32D E.McCarty St. _ - Phone:573-634-6410 Jefferson City,MO 65101 -25_ Fax: 573-634-6457 10 June 28, 2012 Dear Property Owner: This letter is to notify you that the Jefferson City Planning and Zoning Commission will meet at 5:15 p.m. on Thursday, July 12, 2012 in the Council Chambers of the John G. Christy Municipal Building, 320 East McCarty Street, to consider the following matter(see map on back): Case No. P12008 — 2715 Portabello Place Drive; Rezoning from C-O to RA-1 and Comprehensive Plan Amendment. Application filed by Mid America Bank, property owner, Schuyler Mariea, authorized representative, on behalf of TriBeca Investment Group, applicant, to rezone 0.5 acres from C-O Office Commercial to RA-1 High Density Residential and an associated amendment to the Development Plan Map of the Comprehensive Plan to show the property as High Density Residential. The property is located at the southeast corner of Creek Trail Drive and Portabello Place Drive and is described as Lot 30 of Creekside Park Subdivision Section 2. 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 deliver their 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 all Commission members. For your information, this case is tentatively scheduled for a public hearing in front of the City Council on August 20, 2012, 2012, The City Council meets at 6:00 p.m, in the Council Chambers of the John G. Christy Municipal Building, 320 East McCarty Street. If you have any questions concerning this matter, please feel free to contact us at 573.634.6475. Sincerely, zze_�� Eric Barron, AICP Senior Planner 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 72 business hours to process the request. Jefferson City Planning&Zoning Commission Page 1 Property Owners List Case No. P12008 2715 Portabello Place(Lot 30) July 12,2012 Feather, Craig Anthony Tony 2720 Tanglewood Dr Jefferson City, MO 65109 2628 Portabello Place Dr 2702 Portabello Place Dr 2705 Portabello Place Dr 2631 Portabello Place Dr Mid America Bank 1511 Friendship Rd Jefferson City, MO 65101 2712 Portabello Place Dr 2715 Portabello Place Dr (Subject Property) Hofmann, James M& Marilyn J 2916 RtJ Jefferson City, MO 65101 1426 Creek Trail Dr A Heimericks Farm LP 4114 Rt U Russellville, MO 65074 Frog Hollow Rd City Of Jefferson Parks & Recreation Commission 320 E McCarty St Jefferson City, MO 65101 Frog Hollow Rd Tribeca Investment Group L LC 406 Summerhill Dr Jefferson City, MO 65109 Creek Trail Dr River City Habitat For Humanity 1420 Creek Trail Dr Jefferson City, MO 65109 1420 Creek Trail Dr PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION July 12,2012 Case No. P12008 — 2715 Portabello Place Drive; Rezoning from C-O to RA-1 and Comprehensive Plan Amendment. Application filed by Mid America Bank, property owner, Schuyler Mariea, authorized representative, on behalf of TriBeca Investment Group, applicant, to rezone 0.5 acres from C-O Office Commercial to RA-I High Density Residential and an associated amendment to the Development Plan Map of the Comprehensive Plan to show the property as High Density Residential. The property is located at the southeast corner of Creek Trail Drive and Portabello Place Drive and is described as Lot 30 of Creekside Park Subdivision Section 2. Zoning History April 2006 - This property is contained within the Highway 179 Annexation Area that was approved by voters on April 4, 2006, and took effect November 1, 2006. The plan of intent for the annexed area established a zoning of RA-I for this property. September 2008 - A request to rezone the property from RA-I to C-O was approved by the Planning and Zoning Commission. The purpose of the request at the time was to allow the property to be marketed as a commercial lot. Nature of Request This request is to revert the zoning of the property back to RA-1 in order to allow for the construction of a multiple unit residential building. An amendment to the Comprehensive Plan Development Plan map is also proposed to support the rezoning. Zoning and Surrounding Land Use Current Zoning: C-O Current Use: Vacant Lot Requested Zoning: RA-1 Intended Use: Multi-Family Residential Surrounding Zoning Surrounding Uses North C-O Vacant Lot South Proposed for RA-I Undeveloped East RA-1 Vacant Lots West C-2 Contractor Shops Allowed Uses: Permitted uses within the RA-1 zoning district include single family residential, multi-family residential, nursing homes, and assisted living facilities. The RA-1 district allows for a maximum density of 12 residential units per acre. Please see section 35-28 of the Zoning Code for a complete list of permitted uses. Staff Analysis Standard checklist for rezoning: Yes No Notes: Complies with Comprehensive Plan X An amendment to the Comprehensive Plan is proposed in order to support the rezoning. Has access to necessary utilities X Necessary utilities exist in the area. Located outside flood zone X The property does not Lie within the 100 year flood lain. Meets district size requirement X The rezoning would be an expansion of the existing RA-1 zoning in the area. Benefit to City is substantial when compared to X Au RA-1 zoning of the property would be adverse affects on adjacent property compatible with the adjacent residential zoning. The rezoning would not be a grant of privilege to X The residential zoning of the property would be the owner with little or no benefit to the public compatible with the adjacent residential zoning. After rezoning, the allowed uses would be X The RA-1 zoning would match the adjacent compatible with uses allowed in adjacent districts propeq. Planning and Zoning Commission July 12, 2012 Case No. P12008 Page 2 After rezoning, the allowed uses would be X The RA-1 zoning would match the multi-family compatible with adjacent e isting land uses residential develo ment pattern of the area. If not rezoned, the owner would be deprived of use X The rezoning would be compatible with the adjacent advantages enjoyed by surrounding owners (reverse zoning. spot zoning) The requested rezoning would be an expansion of X The rezoning would be a continuation of the RA-I an existing district zoning in the area. Staff Recommendation and Analysis Approve Deny Neutral X Comprehensive Plan Amendment While the property is located along a commercial corridor and across dte street from existing commercial uses, the development pattern for properties facing Portabetto Place Drive is of a multi-family residential character. Identification of the property as being intended for high density residential development would be in-line with the development pattern in the area. Rezoning Request The rezoning of the property to an RA-I designation would be an expansion of the existing RA-1 zoning along Portabello Place Drive and would strengthen the multi-family residential development pattern in the area. Form of Motion: 1. Approval of the request to amend the Development Plan Map of the Comprehensive Plan in order to show the property as High Density Residential. 2. Approval of the request to rezone the property from C-O to RA-1.