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Home My Public Portal AboutORD14967 BILL NO. 2012-15 SPONSORED BY COUNCILMAN Mihalevich ORDINANCE NO. ) 4* 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 0.34 ACRES FROM RS-1 LOW DENSITY RESIDENTIAL TO C-1 NEIGHBORHOOD COMMERCIAL, FOR LAND ADDRESSED AS 2827 SOUTH TEN MILE DRIVE, DESCRIBED AS PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 44 NORTH, RANGE 12 WEST, 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. 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 RS-1 Low Density Residential to C-1 Neighborhood Commercial: Part of the Southeast Quarter of the Northeast Quarter of Section 10, Township 44 North, Range 12 West, more particularly described as follows: From a point on the west line of the southeast quarter of the northeast quarter of said Section 10, which is 421 feet north of the southwest corner thereof, and which point is also on the southeasterly line of the County Road known as the South Ten Mile Drive; thence North 44 Degrees 55 Minutes East along the southeasterly line of said County Road, 500 feet to the beginning point of this description; thence continue North 44 Degrees 55 Minutes East, 100 feet; thence South 45 Degrees 05 Minutes East, 150 feet; thence South 44 Degrees 55 Minutes West, 100 feet; thence North 45 Degrees 05 Minutes West, 150 feet to the beginning point of this description. Except that part condemned in Circuit Court Case No. 22247 and described in report of Commissioners of Record in Book 187, Page 226. Containing 0.34 acres. Section 2. This ordinance shall be in full force and effect from and after its passage and approval. Passed: ° 1 1� 2� ��t , er��.� Approved: fir' Vii' Presiding Mayor ATTEST: APPROVED AS TO FORM City Clerk City Counselor EXCERPT OF UN-APPROVED MINUTES JEFFERSON CITY PLANNING AND ZONING COMMISSION April 12, 2012 5:15 P.M. COMMISSION MEMBERS PRESENT ATTENDANCE RECORD Dean Dutoi 9 of 10 Bob George 6 of 10 Chris Jordan, Vice Chairman 8 of 10 Michael Lester 10 of 10 David Nunn 8 of 10 Scott Stacey 10 of 10 Bunnie Trickey Cotten, Alternate 9 of 10 Dale Vaughan, Alternate 10 of 10 COMMISSION MEMBERS ABSENT ATTENDANCE RECORD Jack Deeken 9 of 10 Ralph Robinett, Chairman 8 of 10 Chris Yarnell 8 of 10 EX-OFFICIO MEMBERS PRESENT Shawn Schulte, City Council Liaison STAFF PRESENT Janice McMillan, Director of Planning & Protective Services Drew Hiipert, City Counselor Shane Wade, Civil Engineer II Eric Barron, Senior Planner Anne Stratman, Administrative Assistant New Business/Public Hearings Case No. P12004— 2827 S. Ten Mile Drive; Rezoning from RS-1 to C-1. Application filed by William and Nancy Gratz, property owners, to rezone 0.34 acres from RS-1 Low Density Residential to C-1 Neighborhood Commercial. The property is located on the south side of South Ten Mile Drive 500 feet west of Stoneridge Parkway and is described as part of the Southeast Quarter of the Northeast Quarter of Section 10, Township 44 North, Range 12 West, Jefferson City, Missouri. Mr. Barron described the proposal and explained that Mr. Gratz owns the residential property at 2827 S. Ten Mile Drive and the adjacent commercial property which is currently in use as a real estate office. He stated that the purpose of the request is to market the two properties as a single commercial property available for redevelopment. Mr. Barron explained that the subject property is located within the South Ten Mile Drive/Kenborg Hills neighborhood. He stated that a neighborhood plan was adopted as a component of the Comprehensive Plan in 2010 which supports commercial rezoning in this neighborhood. Mr. Bill Gratz, 2315 Route M, spoke regarding this request and explained that the proposal is to rezone the neighboring residential property to C-1 Neighborhood Commercial to make it compatible with the adjacent C-1 Neighborhood Commercial property. He stated that the rezoning proposal meets all of the criteria of the Neighborhood Plan. Mr. Gratz explained that the subject property will be used as a single family residential rental property until such time the entire property is developed as C-1 Neighborhood Commercial. No one spoke in opposition to this request and no correspondence was received. Mr. Barron gave the Planning Division staff report. Mr. Stacey moved and Mr. George seconded to recommend approval to rezone 2827 S. Ten Mile Drive from RS-1 to C-1 to the City Council. The motion passed 7-0 with the following votes: Aye; Cotten, Dutoi, George, Lester, Nunn, Stacey, Vaughan City of Jefferson Planning & Zoning Commission VICINITY RW-1-50 MWY 50 MISSOURI-6L-VD Y a w CD 0 w Z 0 U) N 2827 South Ten Mile Drive 0 60 120 240 Feet W E Rezoning from RS-1 to C-1 S City of Jefferson Planning & Zoning Commission LOCATION kg� v2vrgMsTe' '04uG' '; f^'.4N'` "'r InitLis�.( Y' '`�Y "I�tl 5 }` _ �xi�, i > a l'�`�k Q r' ' L 1 "g��.,- r �i 1F,'.� �i�nr�.[N*- -;; 4 , 3 �: ° ii t 1 i �i �q,�y�m,ik e 0�A Al, 11-B d c to i U{)at a i1m t l+ 1 1 idl .�1' `n �'w i i •i' .� �y -n,� tr' l Y Y l�1��+l�,C�r�.� i ,,i�'n x i t il��i: bra �"xy yS�, u,l}1ILr' i ne� � .�esl"x'354 t-kf r I i.rzi4 li.i r + 1`ice-t,�- v f 5v'Rnd v t ii �, ~i E C't,Ic a nN "y-2x , i y f r 1 of �tx>✓ 3 y tLS lii� � i '1Fi i 6 ry SY . i , i nYi � 1 �,;t i, i� ��ik'. � IY� �n�1.0 �. i "�s iP `":?•� ��is n d ak�13T V Np,�>z ikLair�'�a{itt ire 1: i ,.!I ti"� �sl lid',114"`fiif i �. �t � F li $i li lti t x>eiil i ( F xi u i l i ri Y tli 'i x Y D 30 60 120 Feel N 2827 South Ten Mile Drive W+E Rezoning from RS-1 to C-1 S APPLICATION FOR ZONING AMENDMENT Date Received: City of JeffersopO Planning Division Department of Planning & Protective Services 320 East McCarty Street Jefferson City, Missouri 65101 Phone (573) 634-6410 Fax (573) 634-6457 The undersigned hereby petitions the Planning and Zoning Commission and City Council of the City of Jefferson, 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: A Zoning Map Amendment(Rezoning of Real Estate) The undersigned hereby state they are the owners of the Hollowing described real estate: Property Address: %a7 SouTk 1en1 OlIL-e, D121U-P� Legal/Property Description (write out or attach as an exhibit): Who petition to rezone the above described real estate from its present classification of fZI f district to ( I district. The purpose of this rezoning request is to: i-a-f u g_jL, Th y eLo pQ."Q vii- ALL OWNERS OF REAL PROPERTY PROPOSED TO BE REZONED MUST SIGN THE APPLICATION,AND ALL SIGNATURE MUST BE NOTARIZED. IF ADDITIONAL SIGNATURES ARE NEEDED, P—L-EAAASE ATTACH SEPARATE SHEETS. AINL�q �"�• l4✓�I+D�Z ! wit �7� Propetty Owner#1 Name (type or print) Property Own r Signal re Lo f 11 i sA v,,L U3 . (o V2aaTZ W A6 6 Property Owner#2 Name (type or print) Property Owner Signature -Subscribed and sworn_n before me this -7 day of" .Lg to the year JOHN E. ®69EH . Notary Public—Notary Seal STATE OF MISSOURI Notary Public Cole County—Comm#10435345 Address of Property Owner#1: '�?IS f� Vyl JeffmcaW 6 i(L1 VYIo • (oSlal Address of Property Owner#2 Q9IS Di Je-He Rib 10 GtTu rylo • GSIbI Phone Number(s): 41 Applicant Information (if different from property owner): Name: Address: Phone Number 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 Page 1 of 1 May 6,2002 2827 S. Ten Mile Drive Responses to rezoning criteria contained within the South Ten Mile Drive Neighborhood Plan 1. The proposed rezoning is adjacent or across the street from an existing commercial use. The proposed rezoning is adjacent to property at 2821 S. Ten Mile Drive which is currently in use as a real estate office. The two properties at 2827 and 2821 S. Ten Mile Drive are intended to be combined in order to form a single commercial property. 2. The proposed rezoning consists of a minimum of one-half acre of property. The property is intended to be combined with the adjacent commercial property at 2821 S. Ten Mile Drive in order to allow for a single commercial tract consisting of 1.36 acres. The property at 2827 S. Ten Mile Drive will not be redeveloped or converted to a commercial use without being combined with other commercially zoned property in order to meet the minimum one-half acre requirement. 3. The proposed rezoning is to a C-1 Neighborhood Commercial zoning designation. The proposed rezoning is to C-1, which will match the existing zoning of the adjacent property at 2821 S. Ten Mile Drive. 4. A reasonable plan to redevelop the property as a commercial use has been developed which, at a minimum, should provide for adequate off street parking, vehicular access, and bufferyards. A specific development plan for the property has not been created. The purpose of the rezoning proposal is to allow for the marketing of the two properties (2821 and 2827 S. Ten Mile Drive) as a single commercial property available for redevelopment. With a total acreage of 1.36 acres, ample space is available for parking, vehicular access, and bufferyards. Prior to the redevelopment of both properties as a single commercial site, the property at 2827 S. Ten Mile Drive will be maintained as a single family residence. William Gratz, Property Ow Date f!AP t S City of Jefferson_ '' Eric J. Struemph, Mayor Department of Planning 8 Protective Services Janice McMillan,Director 320 E.McCarty St. _ Phone:573-634-6410 Jefferson City, MO 65101 Fax: 573-634-6457 025 March 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, April 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. P12004 — 2827 S. Ten Mile Drive; Rezoning from RS-1 to C-1. Application filed by William and Nancy Gratz, property owners, to rezone 0.34 acres from RS-1 Low Density Residential to C-1 Neighborhood Commercial. The property is located on the south side of South Ten Mile Drive 500 feet west of Stoneridge Parkway and is described as part of the Southeast Quarter of the Northeast Quarter of Section 10, Township 44 North, Range 12 West, Jefferson City, Missouri. 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 May 21, 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, 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. Planning & Zoning Commission Page 1 Property Owners List Case No. P12004 2827 S.Ten Mile Drive April 12, 2012 GRATZ, WILLIAM W & NANCY K,TRUSTEES LEPAGE, ASHLEY L&TRAVIS 2315 RT M 2809 KENBORG HILLS JEFFERSON CITY, MO 65101 JEFFERSON CITY, MO 65109 2821 S TEN MILE DR 2809 KENBORG HILLS 2827 S TEN MILE DR (Subject Property) DEBROECK, MALCOLM LEE ELDER, EMILY 2830 S TEN MILE DR 2832 S TEN MILE DR JEFFERSON CITY, MO 65109 JEFFERSON CITY, MO 65109 2830 S TEN MILE DR 2832 S TEN MILE DR LAND INVESTMENTS L L C NILGES, BARBARA M 8514 LIBERTY RD 2836 S TEN MILE DR JEFFERSON CITY, MO 65101 JEFFERSON CITY, MO 65109 STONERIDGE PKWY 2836 S TEN MILE DR HAUSER, ROBERT! & NORMA J LIBBERT c/o MIKE HAUSER,TRUSTEES 912 N BALLAS RD ST LOUIS, MO 63131 2833 S TEN MILE DR MINZE, PAUL D 2831 S TEN MILE DR JEFFERSON CITY, MO 65109 2831 S TEN MILE DR GDW RENTAL LLC 6814 RT W JEFFERSON CITY, MO 65101 2810 5 TEN MILE DR PRENGER, RONALD 1 & MARJORIE ANN 1504 GREEN BERRY RD JEFFERSON CITY, MO 65101 2803 KENBORG HILLS 2805 KENBORG HILLS 2807 KENBORG HILLS CHRISTIAN, CHRISTOPHER R &AMANDA J 109 DOUGLAS DR JEFFERSON CITY, MO 65109 2826 S TEN MILE DR W+/pppN C 2827 South Ten Mile Drive VVVff s Rezoning from RS-1 to C-1 a sa 120 zao aeo aea Feet 185 ft. Notification Buffer HWY 50 I{WY 50 MISSOURI BLVD iL --C r w i w o .ScyFa m " t l I PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION April 12, 2012 Case No. P12004 — 2827 S. Ten Mile Drive; Rezoning from RS-1 to C-1. Application filed by William and Nancy Gratz, property owners, to rezone 0.34 acres from RS-I Low Density Residential to C-1 Neighborhood Commercial. The property is located on the south side of South Ten Mile Drive 500 feet west of Stoneridge Parkway and is described as part of the Southeast Quarter of the Northeast Quarter of Section 10, Township 44 North, Range 12 West, Jefferson City, Missouri. Public Notice By publication in the newspaper, letter to adjacent and affected property owners within 185 feet, and by property sign posting. Nature of Request This request is to rezone a residential lot from RS-I Single Family Residential to C-1 Neighborhood Commercial. The applicant/property owner owns the adjacent commercial property, which is currently in use as a real estate office. The purpose of the request is to market the two properties (the residential house and the real estate office property) as a single commercial property available for redevelopment. Zoning and Surrounding Land Use Current Zoning: RS-1 Current Use: Single Family Residential House Requested Zoning: C-I Intended Use: Commercial Surrounding Zoning Surrounding Uses North RS-1 Single Family Residential South RD/C-O Undeveloped East C-1 Commercial Real Estate Office West RS-1 Single Family Residential Allowed Uses: The C-1 Neighborhood Commercial zoning district allows for a variety of land uses including day care centers, hotel/motel (less than 50,000 sq. ft.), offices, banks, restaurants, drive through restaurants, general retail, personal services, and Laundromats. (please see exhibit 35-28 of the zoning code for a complete list of authorized uses) Staff Analvsis Rezoning Request The S. Ten Mile Drive / Kenborg Hills Neighborhood Plan, which was adopted as a component of the Comprehensive Plan in 2010, supports commercial rezoning proposals in the neighborhood after the following criteria have been met: 1. The proposed rezoning is adjacent or across the street from an existing commercial use. The property is adjacent to, and would be combined with, the existing real estate office property to the east. 2. The proposed rezoning consists of a minimum of one-half acre of property. When combined with the existing real estate office property to the east, the two properties contain a total of 1.36 acres. 3. The proposed rezoning is to a C-1 Neighborhood Commercial zoning designation. The proposed rezoning is to C-1. 4. A reasonable plan to redevelop the property as a commercial use has been developed. AVhile a specific development plat: has not be created, any redevelopment of the property would have apple space to accommodate vehicle access, bufferyards, parking, as well as other requirements of the Zoning and other adopted codes. Planning and Zoning Commission April 10, 2012 Case No. P12004 Page ? Standard cheeldist for rezoning: Yes No Notes: Complies with Comprehensive Plan X The S.Ten Mile Drive/Kenborg Hills Neighborhood Plan, adopted as a component of the Comprehensive Plan, allows for rezoning of residential properties within the neighborhood when adjacent to existing commercial uses. This proposal is adjacent to an existing commercial real estate office and would be combined with the real estate office property to be redevelo ed as a single commercial use. Has access to necessary utilities X Necessary utilities exist in the vicinity. Located outside flood zone X The property does not lie within the 100 year flood lain. Meets district size requirement X The two properties,when combined, exceed the minimum size outlined within the S. Ten Mile Drive/Kenbmg Hills Neighborhood Plan of one-half acre. Benefit to City is substantial when compared to X The rezoning would open up additional property for adverse affects on adjacent property potential commercial redevelopment. The rezoning would not be a grant of privilege to X The public would benefit from the additional the owner with little or no benefit to the public commercial property. After rezoning, the allowed uses would be X The proposed rezoning would conform with the compatible with uses allowed in adjacent districts Neighborhood Plan and allowed uses would be compatible with the commercial development trend in the area. After rezoning, the allowed uses would be X The rezoning would be a continuation of the compatible with adjacent existing land uses commercial development pattern in the area. If not rezoned, the owner would be deprived of use X Adjacent properties to the east and nearby properties advantages enjoyed by surrounding owners (reverse along Missouri Boulevard enjoy a higher spot zoning) commercial use of their property. The requested rezoning would be an expansion of X The rezoning would be a continuation of the an existing district commercial zoning in the area. Staff Recommendation Approve Deny Neutral X Form of Motion: Approval of the request to rezone the property from RS-1 to C-1.