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HomeMy Public PortalAboutORD16378BILL NO. 2023-046 SPONSORED BY Councilmember Lester 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 0.45 ACRES OF LAND ADDRESSED AS 211 COMMERCE DRIVE FROM M-2 GENERAL INDUSTRIAL 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, being located in the City of Jefferson in Cole County, Missouri is rezoned from M-2 General Industrial to C-2 General Commercial: Part of the East Half of the Southeast Quarter of Fractional Section 3, Township 44 North, Range 12 West, in the City of Jefferson, Missouri, more particularly described as follows: From the Southwest Corner of the East Half of the Southeast Quarter of said Fractional Section 3;Thence North 5 Degrees 17 Minutes 30 Seconds West along the Quarter Section Line, 3064.70 Feet to the Southerly Line of the North Ten Mile Drive; Thence Northeasterly along the said Southerly Line on a Curve to the Left, having a Radius of 643.81 Feet, a Distance of 282.69 Feet; Thence South 5 Degrees 17 Minutes 30 Seconds East, 860 Feet to the Beginning Point of this Description; Thence Continuing South 5 Degrees 17 Minutes 30 Seconds East, 99.00 Feet; Thence North 84 Degrees 42 Minutes 30 Seconds East, 200.00 Feet; Thence North 05 Degrees 17 Minutes 30 Seconds West, 99.00 Feet; Thence South 84 Degrees 42 Minutes 30 Seconds West, 200.00 Feet to the Beginning Point of this Description. Containing 0.45 acres, more or less. Section 2. This ordinance shall be in full force and effect from and after its passage and approval. Passed: Presiding Offi ATTEST: CiCl/4 Approved: ► v 1 Mayor Ror Fitzwat r APPROVED AS TO FORM: NOTICE OF PUBLIC HEARING 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, October 16, 2023 at 6:00 p.m. in the Council Chamber of the John G. Christy Municipal Building, 320 East McCarty Street, Jefferson City, Missouri. 1. 211 COMMERCE DRIVE, REZONING FROM M-2 GENERAL INDUSTRIAL TO C-2 GENERAL COMMERCIAL. Part of the East Half of the Southeast Quarter of Fractional Section 3, Township 44 North, Range 12 West, in the City of Jefferson, Missouri, more particularly described as follows: From the Southwest Corner of the East Half of the Southeast Quarter of said Fractional Section 3;Thence North 5 Degrees 17 Minutes 30 Seconds West along the Quarter Quarter Section Line, 3064.70 Feet to the Southerly Line of the North Ten Mile Drive; Thence Northeasterly along the said Southerly Line on a Curve to the Left, having a Radius of 643.81 Feet, a Distance of 282.69 Feet; Thence So uth 5 Degrees 17 Minutes 30 Seconds East, 860 Feet to the Beginning Point of this Description; Thence Continuing South 5 Degrees 17 Minutes 30 Seconds East, 99.00 Feet; Thence North 84 Degrees 42 Minutes 30 Seconds East, 200.00 Feet; Thence North 05 Degree s 17 Minutes 30 Seconds West, 99.00 Feet; Thence South 84 Degrees 42 Minutes 30 Seconds West, 200.00 Feet to the Beginning Point of this Description. Containing 0.45 acres, more or less. 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, September 29, 2022 For contact information only. Department of Planning and Protective Services/Planning Division 320 East McCarty Street, Room 120 , Jefferson City, Missouri 65101 Contact: Tiphanie Pearson Phone (573) 634-6475 Fax (573) 634-6457 PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION September 21, 2023 Case No. P23014 -211 Commerce Drive, Rezoning from M-2 to C-2. Request filed by NAS Holdings LLC, property owner, Nick Schrimpf, authorized representative, for the rezoning of 0.45 acres from M-2 General Industrial to C-2 General Commercial. The purpose of the request is to permit a dry cleaner with a drive-thru. The property is located on the east side of Commerce Drive (Highway 179) 150 feet north of Merchants Drive and is described as part of the East Half of the Southeast Quarter of Fractional Section 3, Township 44 North, Range 12 West, Jefferson City, Missouri. (Central Missouri Professional Services, Consultant) Nature of Request A rezoning has been requested for a 0.45 acre parcel in order to change the current M-2 General Industrial zoning to a C-2 General Commercial zoning designation . The purpose of the request to permit a dry cleaning business with a drive-thru as such use is only permitted in the C-1 , C-2 , and C-3 zoning districts. Permitted future uses of the property would be those outlined for the C-2 zoning district as detailed in Section 35-28 of the Zoning Code. Review and Approval Process: In accordance with the City Code, rezoning requests are reviewed by the Planning and Zoning Commission. The Planning and Zoning Commission makes a recommendation to the City Council and City Council comes to a final decision . Zoning and Surrounding Land Use Current Zoning: M-2 Requested Zoning: C-2 Surrounding Zoning North C-2 South M-2 East M-2 West C-2, RS-I Rezoning Analysis Current Use: Contractor Trade Shop Intended Use: Dry Cleaner with Drive-Thru Surrounding Uses Office, Restaurant, Retail Contractor Trade Shop Wholesale, Office Vacant Commercial, Undeveloped Below are review criteria for rezoning requests per Section 74 .B.4 . Review Criteria Yes No Notes: The existing zoning was m error at the time of X The area has many industrial and adoption. commercial uses. The property rests at the edge of the industrial zoning; with adjacent commercial zoning to north. There has been a change in character in the area due X The rezoning request would support the to installation of public facilities, other zone expansion of commercial services/retail; changes, new growth trends, neighborhood including businesses which host a drive- deterioration, or development transitions. thru option. The property's access and visibility from Highway 1 79 makes it an ideal location for commercial use. There is a community need for the proposed X The zoning change would position the rezonmg. property to be able to contain more retail sales and service oriented uses, including a dry cleaner. Review Criteria Yes No Notes: The proposed change is consistent with , and in X The rezoning to a commercial zoning as furtherance of, the implementation of the goals and what exists adjacent to the north of the policies of the comprehensive plan, other adopted property appears to align with goals and plans, and the policies, intents and requirements of intent of the adopted comprehensive plan this ordinance and other City regulations in that it would cater to the community 's and guidelines . quality of life by creation and stabilization of robust commercial and employment centers in addition to vigorous growth . The proposed zoning is compatible with the zoning X A change in designation to general and uses of property nearby. commercial zoning should be compatible with the mixture of commercial activity adjacent to the north. Public and community facilities , which may include, X Public facilities necessary to serve the use but are not limited to, sanitary and storm sewers, appear to be sufficient. Site uses need to water, electrical service, police and fire protection, conform to all applicable requirements , schools , parks and recreation facilities , roads , inspections, permitting, and etc. libraries, and solid waste collection and disposal , are available and adequate to serve uses authorized under the proposed zoning. A traffic impact analysis has been provided to A dry cleaning business with a drive-thru indicate the potential number of new trips generated is anticipated to generate a low amount of and provisions are provided to mitigate impacts of traffic. A traffic analysis is not required. high traffic-generating projects. Authorized uses shall not adversely affect the X Authorized uses of the C-2 zoning district capacity or safety of the street network in the are anticipated to have a minimal affect on vicinity of the property. the street network capacity and safety . Many commercial and industrial uses are located along streets within the area , including Commerce Drive. Potential environmental impacts ( e.g., ex cessive X Environmental impacts of the rezoning are storm water runoff, water pollution, air pollution , expected to be low. Substances to be used noise pollution , excessive lighting, or other for the business are reported to be env ironmental harms) of authorized uses shall contained within the building . The use be mitigated. must abide by all applicable requirements relating to environmental impact. There is an adequate supply of land available in the X A site plan containing the structure subject area and the surrounding community to currently on the site was approved in 2007 . accommodate the zoning and community needs. Any adjustments to the use would need to be reviewed and operated in adherence to the City Code . Rezoning Recommendation -Staff Analysis Amendments to the zoning map "may be beneficial from time to time to better achieve the goals of the comprehensive plan and to more effectively provide for growth in a manner that is consistent with the comprehensive plan ." (Section 35-74.B.1 ). Rezoning a 0.45 acre property from M-2 General Industrial zoning to C-2 General Commercial would promote goals and intentions of the adopted comprehensive plan. Uses authorized in the C-2 zoning district would be compatible with many of the service and retail operations in the area. Uses carried out on the site must be reviewed and function in accordance with the City Code. Form of Motion Motion to recommend approval of the rezoning of a 0.45 acre property addressed as 211 Commerce Drive from M-2 General Industrial to C-2 General Commercial. City of Jefferson Planning and Zoning Commission VICINITY 0 Case No. P23014 211 Commerce Drive Rezoning from M-2 to C-2 Pl:AZA·DR -Pl=AZA-GR t------10 Ir ~ w r---t----l r---ll:! 0 x 0 r---t-----1 t-----lu. 0 130 260 520 Feet City of Jefferson Planning & Zoning Commission LOCATION MAP Case No. P23014 211 Commerce Drive Rezoning from M-2 to C-2 0 30 60 120 Feet ~.-- '" 'r-;- ~ .. rr; " r-. ~ t I (j City of Jefferson Department of Planning & Protective Services 320 E. McCarty Street Jefferson City, MO 65101 Phone: 573-634-6410 JCPlanni ng@ieffersoncitymo.g ov wwwJeffersoncitymo.gov APPLICATION FOR ZONING AMENDMENTS 1. The undersigned hereby petitions the Planning and Zoning Commission and C ity Council of the City of Jefferson, Missouri, for the following amendment to the Zon ing Code : [ZJMap Amendment OText Amendment (Include description of proposed text amendment) Property Address: 211 Commerce Drive 2 . Applications for Map amendments shall include a location map and legal description . 3. This petition requests to rezone the above described real estate from its present classification of M-2 district to _C_-2 ____ district. The purpose of this rezoning request is to : Allow for a Dry Cleaner with a Drive-Thru use of the property . 4 . Filing fee: Map Amendment= $650 . Text Amendment= $450 . 5. Required Findings: Applicant responses to the required findings shall be noted in Addendum A and vary based on type of request. r----1;,c-:•.-T The undersigned certify to be all of the owner(s) of the above described property and that the submitted information (including all attachments to this application) is true and correct. (All owners IO z-. § n perty mus}sign and the signatures must be n_otarized) .. ~Jicr ~§ , ~e-<b Jird-;z Nick Schrimpf ~ ~ cvg"'.":~ Pro~rty Owner $1gnaturei,/ -P-ri-nt_e_d_N_a_m-e/T-it-le_(_ty_p_e_o_r_p_r-in-t) ____ _ --=-enc5co II.I \.7 ..:: Oen .-Cl) wz_CJN.: z•~•:it~ >,.!:!u.. f gw Property Owner Signature <(::OQ ::,•-C ~irwo::l .2 >-1-u·e ::i o:: ~ e·e fl:i-5en 8 E Subscribed and sworn before me this ,z 8 For City Use Only: Printed Name/Title (type or print) ~,5 f dayof Av~vSC . 2oZ-_3 ~d~ c= Notary Public (Revised July 1, 2018) Application Filing Fee : Map Amendment = $650 ($450 + $200 Advertising Fee) Text Amendment= $450 ($250 + $200 Advertising Fee) Application Fili~ee Rece ived: --==-Cash (receipt# __ ~ D Check (copy; check# ______ ~ Attachments: _LJ __ Addendum A O Map O_ApplicanUProject Information Sheet 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. Page 1 of 6 Jefferson City Zoning Amendment Application Addendum A -Review Criteria To be used to support zoning amendment requests. (Section 35-74.8.4) Property Address 211 Commerce Drive Applicant Name NAS Holdings LLC (poc Nick Schrimpf) Provide responses to the following required findings by selecting all criteria that apply to your request. State all reasons for your answer and use additional pages to complete your answer if necessary. A. The existing zoning was in error at the time of adoption. Explain. Per City Staff, this area was assigned the zoning as it exists today through a bulk zoning action, which best fit the uses of the properties at that time. The way the area has developed and given the amount of traffic on Highway 179 / Commerce Drive, the frontage lots might be a better fit for a C-2 zoning designation and this property would apply to that thought. 8 . There has been a change in character in the area due to installation of public facilities, other zone changes , new growth trends, neighborhood deterioration, or development transitions. Explain the change and be specific on which public facilities , other zone changes, new growth trends, neighborhood deterioration, or development transitions that effected the change . As mentioned in item A, the traffic volumes and commercial developments on these frontage properties in this area; to include the neighbor, Sonic, would better fit a C-2 zoning. C. There is a community need for the proposed rezoning . (i.) What will the proposed zoning be? C-2 (ii.) Why does the community need this zoning? The owner is providing a Dry Cleaning Service . Currently, there are no dry cleaners in this area of Jefferson City and the closest location is the owner's current location on Dix Road, from which they are relocating from . D. The proposed change is consistent with, and in furtherance of, the implementation of the goals and policies of the Comprehensive Plan, other adopted plans, and the policies, intents and requirements of this Ordinance and other City regulations and guidelines. Given that the neighboring property is Zoned C-2, this should be consistent with the Comprehensive Plan and other items listed above. Page 2 of6 E . The proposed zoning is compatible with the zoning and uses of property nearby. Property North-Yes, Zoned C-2 Property East -Yes, Zoned M-2 Property South -Yes, Could be a C-2 use Property West -Highway 179 R/W F. Public and community facilities, which may include, but are not limited to, sanitary and storm sewers, water, electrical service, police and fire protection, schools, parks and recreation facilities, roads, libraries, and solid waste collection and disposal, are available and adequate to serve uses authorized under the proposed zoning . List public and community facilities available on the site . All Public and community facilities and services are available and adequate to serve the site. G . A traffic impact analysis has been provided to indicate the potential number of new trips generated and provisions are provided to mitigate impacts of high traffic-generating projects . (See Section 35-60. Traffic Impact Analysis regarding vehicle trip thresholds and traffic impact analysis requirements) The ITE Trip Generation Manual does not have a direct use for a Dry Cleaners, but it is typically mixed in with a multi-use development and is considered a low impact use. H . Authorized uses shall not adversely affect the capacity or safety of the street network in the vicinity of the property. (i.) Describe the proposed use. Dry Cleaner with Drive Thru Drop-Off I Pick-Up (ii.) Will the proposed use adversely affect the capacity or safety of the street network in the vicinity of the property? Why/why not? No, the MODOT has approved the existing entrance location. I. Potential environmental impacts (e.g., excessive storm water runoff, water pollution, air pollution, noise pollution , excessive lighting, or other environmental harms) of authorized uses shall be mitigated. List any potential environmental impacts and how they will be mitigated. Potential environmental impacts include the storage of chemicals used in the dry cleaning process. These will be safely stored inside the building and would not pose any risk. J. There is an adequate supply of land available in the subject area and the surrounding community to accommodate the zoning and community needs . This is an existing developed area and it currently meets the needs of the community. K. Benefits shall be derived by the community or area proposed to be rezoned . List the benefits of the proposed rezoning. Benefits include providing a convenient location for a dry cleaner in a area of the the City which lacks this service . Page 3 of 6 City of Jefferson Department of Planning & Protective Services 320 E. McCarty Street Jefferson City, MO 65101 September 12, 2023 Dear Property Owner: Ron Fitzwater, Mayor Clint Smith, AICP, Director Phone: 573-634-6410 Fax: 573-634-6457 This letter is to notify you that the Jefferson City Planning and Zoning Commission will meet at 5:15 p.m . on Thursday, September 21, 2023 in the Council Chambers of the John G. Christy Municipal Building, 320 East McCarty Street to consider the following matters (see map on back): Case No. P23014 -211 Commerce Drive, Rezoning from M-2 to C-2. Request filed by NAS Holdings LLC, property owner, Nick Schrimpf, authorized representative , for the rezoning of 0.45 acres from M-2 General Industrial to C-2 General Commercial. The purpose of the request is to permit a dry cleaner with a drive-thru . The property is located on the east side of Commerce Drive (Highway 179) 150 feet north of Merchants Drive and is described as part of the East Half of the Southeast Quarter of Fractional Section 3, Township 44 North , Range 12 West, Jefferson City, Missouri. (Central Missouri Professional Services, Consultant) As a nearby landowner and/or neighbor, you are being provided notice of 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@jeffersoncitymo.gov 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. on the day of the meeting 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 October 16 , 2023 . The City Council meets at 6 :00 p.m . in the Council Chambers of the John G . Christy Municipal Building, 320 East McCarty Street. Information regarding this case may be viewed on the Planning and Zoning Commission webpage at: https ://www .jeffersoncitymo .gov/qovernment/planning/planninq and zoning commission .php Please contact the Planning and Zoning Division via phone at 573 .634 .6573 with pertinent questions. ?!.i~ 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 a llow three business days to process the request. Please call (573) 634-6410 with questions regarding agenda items. Case No. P23014 211 Commerce Drive Rezoning from M-2 to C-2 =+ 185 ft. Notification Buffer C 0:: lie: w w 0:: 0 X 0 u. C 0:: 0:: w ..J aJ a C ..J 0 0 105 210 420 630 840 ------Feet T 0:: C 0 0:: 1-w :i: C 0:: w 0 i2 a. (!) z :::::i 0:: w I- !/) I I SCHELLRIDGE RD W SCHELLRIDGE RD 7 I I Jefferson City Planning & Zoning Commission Property Owners List P23014 211 Commerce Drive CONSERVATION COMMISSION OF THE STATE OF MO 2901 W TRUMAN BLVD JEFFERSON CITY MO 65109 2901 W TRUMAN BLVD MO 65109 DULLE, JLLC 3319 COUNTRY CLUB DR JEFFERSON CITY MO 65109-1028 2743 MERCHANTS DR MO 65109 2737 MERCHANTS DR MO 65109 GORDON BROTHERS LL C; GORDON BUILDERS INC 2509 MISSOURI BLVD #A JEFFERSON CITY MO 65109 120 COMMERCE DR MO 65109 LENEVE, JOANN & DON B TRUSTEES C/0 UMSTATTD 201 S ORANGE ST BUTLER MO 64730 201 COMMERCE DR MO 65109 MT T PROPERTIES LL C 21517 CAVE SPRINGS RD JAMESTOWN MO 65046 2733 MERCHANTS DR MO 65109 NA S HOLDINGS LL C 4023 WARDSVILLE RD JEFFERSON CITY MO 65101 211 COMMERCE DR MO 65109 SHIPLEY, GEORGE & DELORES 2607 SCHELLRIDGE RD JEFFERSON CITY MO 65109 2732 MERCHANTS DR MO 65109 TR B PROPERTIES LL C 5117 EDINBURGH WAYE JEFFERSON CITY MO 65101 2729 PLAZA DR MO 65109 WOODMAN, JAMES W OBA WOODMAN ENGINEERING I NC 217 COMMERCE DR JEFFERSON CITY MO 65109 217 COMMERCE DR MO 65109 Page 1 09/21/2023