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HomeMy Public PortalAboutORD14886 BILL NO. 2011-104 SPONSORED BY COUNCILMAN Q /Schulte ORDINANCE NO. /4 � O r, 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 0.14 ACRES OF PROPERTY LOCATED AT 1015 EAST ATCHISON STREET FROM RD MEDIUM DENSITY RESIDENTIAL TO PUD PLANNED UNIT DEVELOPMENT, IN THE CITY OF JEFFERSON, 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 RD Medium Density Residential to PUD Planned Unit Development: Part of Outlot No. 60 in the City of Jefferson, Missouri, more particularly described as follows: From the southwest corner of said Outlot 60; thence South 47 degrees, 46 minutes, 55 seconds East, along the southerly line of said Outlot No. 60, 210 feet to the point of beginning; thence North 41 degrees, 50 minutes, 56 seconds East, parallel to the westerly line of Outlot No. 60, 131 feet, more or less, to the southerly line of a tract described in Book 549, Page 488, Cole County Recorder's Office;thence South 20 degrees, 58 minutes, 23 seconds East,along the southerly line of said tract described in Book 549 Page 488, 92 feet, more or less, to the northerly line of Clark Avenue;thence South 80 degrees, 00 minutes, 35 seconds West, along the northerly line of Clark Avenue 115 feet to the southerly line of Outlot No. 60 and the northerly line of Atchison Street; thence North 47 degrees,46 minutes,55 seconds West, along the southerly line of Outlot No. 60, 12.32 feet to the point of beginning. Containing 0.14 acres, more or less. Section 2. This ordinance shall be in full force and effect from and after its passage and approval. Passed: UG Approved: Presiding Office Mayor ' ATTEST: APPROVED AS TO FORM: City Clerk interim City Counselor EXCERPT OF UN-APPROVED MINUTES JEFFERSON CITY PLANNING AND ZONING COMMISSION October 13, 2011 5:15 p.m. COMMISSION MEMBERS PRESENT ATTENDANCE RECORD Ralph Robinett, Chairman 5 of 5 Jack Deeken 5 of 5 Dean Dutoi 4 of 5 Chris Jordan, Vice Chairman 4 of 5 J. Rick Mihalevich 4 of 5 Scott Stacey 5 of 5 Chris Yarnell 4 of 5 Michael Lester, Alternate 5 of 5 Bunnie Trickey Cotten, Alternate 4 of 5 Dale Vaughan, Alternate 5 of 5 COMMISSION MEMBERS ABSENT Bob George 3 of 5 David Nunn 4 of 5 EX-OFFICIO MEMBERS ABSENT Shawn Schulte, City Council Liaison STAFF PRESENT Janice McMillan, Director of Planning & Protective Services Eric Barron, Senior Planner Nathan Nickolaus, City Counselor/Interim City Administrator Anne Stratman, Administrative Assistant New Business/Public Hearings Case No. P11013 — 1015 E_ Atchison Street; Rezoning from RD to PUD and Amended Final PUD Plan. Application filed by Old Town Revitalization Company, property owner, to rezone 0.12 acres from RD Medium Density Residential to PUD Planned Unit Development and an amendment to the Final PUD Plan to modify the permitted uses for the property to include a community center. The property is located on the northeast corner of the intersection of Clark Avenue and East Atchison Street and is described as part of Outlot 60, Jefferson City, Missouri. Mr. Barron described the proposal and explained that the applicant is requesting approval of an amended Final PUD Plan in order to use the existing building as a community center. He stated that the community center would host a variety of community oriented activities including a coffee stand, wireless internet connection, afterschool educational services, an ecumenical benevolence office, as well as serving as a meeting location for educational and community based events. Mr. Phil Freeman, President of the Old Town Revitalization Company, 1324 Roseview Drive, spoke regarding this request. Mr. Freeman explained that the subject property has been vacant for approximately 20 to 25 years. He stated that the Old Town Revitalization Company has acquired the property and has entered into a lease with the First United Methodist Church to open a community center. He stated that the First United Methodist Church in conjunction with the First Presbyterian Church, Grace Episcopal Church, and Central United Church of Christ are participating in the rehabilitation and operation of the community center. Mr. Freeman explained that renovations are under way and he is anticipating that the building will be occupied by the end of the year. He stated that this project is a great improvement to that area. Excerpt of Unapproved Minutes/Jefferson City Planning & Zoning Commission Page 2 October 13, 2011 Mr. Dutoi inquired whether an agreement was reached with the Montessori School for parking. In response, Mr. Freeman explained that they are currently in discussions with the Montessori School about a possible parking agreement. He stated that it is possible to pave a rear portion of the property to accommodate a small parking lot in the future. Mr. Freeman explained that there is on- street parking available adjacent to the property. He stated that there will be more walk-in traffic than drive in. Ms. Alice Eickermann, 905 Moreau Drive, expressed concerns about the lack of parking in that area. In response to Ms. Eickermann's concern, Mr. Freeman reiterated that they are still in negotiations with the Montessori School to park on their lot. Mr. Vaughan commented that he owns property on Moreau Drive and parking is limited. He slated that there should not be any issues with parking if an agreement is reached with the Montessori School and there is the possibility for additional parking in the rear of the property. Mr. Barron explained that the PUD Plan that allowed retail sales in 1982 is still in effect and a person could occupy this building with a retail sales type of use. He stated that the parking requirement for a retail type of use is similar to what the applicant has in mind. Mr. Barron commented that it is encouraging that the applicant is looking at a parking agreement in the area. Mr. Nickolaus explained that parking in this particular part of Old Town is extremely difficult. He stated that the City is going to have to find more innovative ways to arrange for parking, or allow these buildings to continue to deteriorate. Mr. Nickolaus explained that the City is trying to encourage landowners to find innovative ways to accommodate parking. Ms. McMillan commented that parking lots could detract from the character of the neighborhood. No correspondence was received. Mr. Barron gave the Planning Division staff report. Mr. Freeman concurred with staff comments and recommendations. Mr. Dutoi moved and Mr. Stacey seconded to recommend approval to rezone the property from RD to PUD, to the City Council. The motion passed 8-0 with the following votes: Aye: Cotten, Deeken, Dutoi, Jordan, Lester, Mihalevich, Stacey, Yarnell Mr. Dutoi moved and Mr. Jordan seconded to recommend approval of the Amended Final PUD Plan to the City Council, with the following conditions: a. Establishment of an underlying zoning district of RD Medium Density Residential for the property with the following uses added to the list of permitted uses: i. Community Center ii. Low Volume Retail Sales iii. Office b. Signage shall be in accordance with requirements for properties zoned C-0. The motion passed 8-0 with the following votes: Aye: Cotten, Deeken, Dutoi, Jordan, Lester, Mihalevich, Stacey, Yarnell City of Jeffers®n Planning & Zoning Commission LOCATION ..�' t� t 1 1 i Ise! s �� x 1`\YI it 'ts i Grill h_i ,pti! i4 1 � � 1 �ifi ti�IIt�1X1-IG1 �X _ . 0 65 130 260 Feet N 1015 East Atchison St. W Rezoning from RD to PUD S � 011 r. D►.cKINSGN <` l� o` � f RQ o r 't2�Feet i00 360 s'€P 0 East AtGCI\5o�St. OAS to 4U D APPLICATION FOR ZONING AMENDMENT Date Received: City of Jefferson - Planning Division Department of Planning & Protective Services 320 East McCarty Street Jefferson City, Missouri 65101 Phone (573) 634-6410 Fax (573) 634-6457 [The ndersigned hereby petitions the Planning and Zoning Commission and City Council of the City of Jefferson, ri, for the following amendment to the Zoning Code: ng Text Amendment (Describe below or attach complete narrative) rticle and Section Affected (if applicable) escription 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: 1015 E. Atchison Street Legal/Property Description (write out or attach as an exhibit): see attached Who petition to rezone the above described real estate from its present classification of RD district to PUD district. The purpose of this rezoning request is to: The Property is currently split by a zoning boundary line with the majority of the Property zoned PUD and a portion of the yard zoned RD This rezoning proposal would unify the zoning of the property as PUD Planned Unit Development. ALL OWNERS OF REAL PROPERTY PROPOSED TO BE REZONED MUST SPIV PLICATION,AND ALL SIGNATURE MUST BE NOTARIZED. IF ADDITIONAL SIGNATURES ARE NEEDED, PLEA H SEPARATE SHEETS. Old Town Revitalization Comoany Property Owner#1 Name (type orprint) Property Owner Signature KEVIN K.CLARDY Phil Freeman, President 199litS8k0 � pt�i Before me this Oa l� day of U C� join th. O State of Missouri Cole County y v My Commission Expires 4/1712013 Notary Public Commission It 09697025 Address of Property Owner#1: Old Town Revitalization Company Phil Freeman President PO Box 95 Jefferson City MO 65102 Address of Property Owner#2 Phone Number(s): Applicant Information (if different from property owner): Name: Address: Phone Nunn ber For City Use Only: Application Filing Fee $200 Payment Received: _Cash (Receipt# ) Check (Copy; check # ) Attachments: Additional sheets or documentation ApplicanUProject Information Sheet Location Map Page t of 1 May 0,2002 h�ti=��t at r rysd t� City of Jeers®n 4 r Eric J. Struemph, Maw Department of Planning 6 Protective Services — Janice McMillan, Director 320 E.McCarty St. Phone:573-634-6410 Jefferson City,MO 65101 Fax: 5T3-634-6457 iets- September 29, 2011 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, October 13, 2011 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. P11013 — 1015 E. Atchison Street; Rezoning from RD to PUD and Amended Final PUD Plan. Application filed by Old Town Revitalization Company, property owner, to rezone 0.12 acres from RD Medium Density Residential to PUD Planned Unit Development and an amendment to the Final PUD Plan to modify the permitted uses for the property to include a community center. The property is located on the northeast corner of the intersection of Clark Avenue and East Atchison Street and is described as part of Outlot 60, 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 November 21, 2011. 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 Jefferson City Planning & Zoning Commission Page 1 Property Owners List Case No. P11013 1015 E. Atchison Street October 13, 2011 Altamam, Lisa R Hinson, Michelle R 731 Walsh St Hinson, Lilian Jefferson City, MO 65101 820 Clark Ave 731 Walsh St Jefferson City, MO 65101 820 Clark Ave One In Christ Baptist Church c/o Deacon Farrell Roundtree Brown, Louella E 900 Jefferson St 821 Locust St Jefferson City, MO 65101 Jefferson City, MO 65101 729 Walsh St 821 Locust St Long, Susan R Christian, Janet A 815 Locust St 1011 E. Atchison St Jefferson City, IVIO 65101 Jefferson City, MO 65101 815 Locust St 1011 E. Atchison St .Jordan, Kylie S City of Jefferson 817 Locust St 320 E. McCarty St Jefferson City, MO 65101 Jefferson City, MO 65101 817 Locust St 1015 E. Atchison St (Subject Proper!)) Dunbar, Oscar D, Trustee Home Savings Bank 808 Lafayette St 130 E. McCarty St Jefferson City, MO 65101 Jefferson City, MO 65101 819 Locust St 903 Moreau Dr Mudd, Alan E & Betty J Eikermamr, Alice Emily 2110 Julie Ln 11302 County Rd 489 Jefferson City, MO 65109 Tebbetts, MO 65080 818 Clark Ave 905 Moreau Dr 813 Locust Dickson, Leslie A River City Habitat For Humanity 907 Moreau Dr 1420 Creek Trail Dr Jefferson City, MO 65101 Jefferson City, MO 65109 907 Moreau Dr 901 Harding St 819 Clark Ave Capital Area Investments LLC 903 Harding St PO Box 6712 1100 E. Atchison St Jefferson City, MO 65102-6712 825 Clark Ave Kenyon, David D & Julie L 61241 Hwy C Box 14 High Point, MO 65042 1107 E. Atchison St Jefferson City Planning & Zoning Commission Page 2 Property Owners List Case No. P 110 13 1015 E. Atchison Street October 13, 2011 White, Beth A Hargis, Eric A & Rachel C Kuschel, Michael J c/o River City Habitat 128 Midway Ln 1420 Creel:Trail Dr Westphalia, MO 65085 Jefferson City, MO 65109 827 Clark Ave 824 Clark Ave Burns, Louise c/o Janet Flagg Jefferson City Montessori Society, Inc 133 Idlewild Dr 900 Moreau Dr Paducah, K)'42001-5323 Jefferson City, MO 65101 831 Clark Ave 900 Moreau Dr Kuschel, Mike Bright, Lucreta R White, Beth 1102 E. Atchison St 128 Midway Ln Jefferson City, MO 65101 Westphalia, MO 65085 1102 E. Atchison St 901 Moreau Dr Schaben, Rodney K & Jane Marie Andrews, Archie L 71 Co Rd 801 1107 Maywood Dr Linn, MO 65051 Jefferson City, MO 65109 905 Harding St 821 Clark Ave Moffat, Richard H & Melanie G Leonard, Alan W, Trustee 708 E. McCarty St 4100 Hwy AT Rd Jefferson City, MO 65101 Higbee, MO 65257 1104 E. Atchison St 823 Clark Ave Lincoln University Young, Kertneth M Board of Curators 2307 Bluebird Dr 820 Chestnut St Jefferson City, MO 65109 Jefferson City, MO 65101 807 Locust St 818 Lee SC Salmons, Bryan H & Wright, Melissa A 908 Moreau Dr Jefferson City, MO 65101 908 Moreau Dr Nikodym, Nanci M 826 Clark Ave Jefferson City, MO 65101 826 Clark Ave PLANNING STAFF REPORI' JEFFERSON CITY PLANNING AND ZONING COMMISSION October 13, 2011 Case No.P11013 —1015 E. Atchison Street; Rezoning from RD to PUD and Amended Final PUD Plan. Application filed by Old Town Revitalization Company, property owner, to rezone 0.12 acres from RD Medium Density Residential to PUD Planned Unit Development and an amendment to the Final PUD Plan to modify the permitted uses for the property to include a community center. Tlie property is located on the northeast comer of the intersection of Clark Avenue and East Atchison Street and is described as part of Outlot 60,Jefferson City, Missouri. Nature of Request The applicant is requesting approval of an amended Final PUD Plan in order to use the existing building as a community center. The community center would host a variety of community oriented activities including a coffee stand,wireless internet connection,afterschool educational services,an ecumenical benevolence office,as well as serving as a meeting location for educational and community based events. No site improvements are proposed. Zoning History The property was zoned C-4 Planned Commercial in 1930 with a permitted use as a wholesale florist. A revision to tine plan was approved in 1982 that allowed retail sales. Location The subject property is located on the northwestern corner of the intersection of Clark Avenue and Gast Atchison Street. Adjacent zoning and land use is as follows: Surrounding Zoning Sul-rounding Uses North RD Single Family Residential South C-1 Montessori School East 1ZS-4 Duplex/Single Family Residential West RD Single Family Residential Staff Analysis Parking: No parking is proposed for the building,although a future paving of the rear portion of the property to accommodate a small parking lot is possible. A parking agreement with the Montessori school is being sought, but has not been finalized. Permitted Uses: Currently, the permitted use of the property is limited to retail and wholesale sales. The applicant is proposing to add community center as a permitted use. The proposed uses within the community center include a low volume retail sales area. Building Design: Exterior building improvements, including the replacement doors and windows, have already been completed. Signs: Signage is proposed to meet the requirements for the C-O district. Planning and Zoning Commission October 13, 2011 Case No. PI 1013 Page 2 Staff Recommendation Staff recommend approval of the proposed rezoning and amendment to the Final PUD Plan. Use of[lie property as a community center with limited low volume retail sales is appropriate given the commercial style of the existing building and the location at the intersection ofmajor roads in a residential area. An underlying zoning of RD Medium Density Residential is recommended by s[arrin order to accommodate future potential residential uses and to align the underlying zoning with the surrounding zoning. A future potential office use would also be appropriate for the site. [Form of Motion 1. Motion for approval Of the request to rezone the RD Medium Density Residential zoned portion of the property, consisting of 0.12 acres, to PUD Planned Unit Development 2. Motion for approval of the proposed final PUD Plan amendment for the property, consisting of 0.31 acres, with the following conditions: a. Establishment of an underlying zoning district of RD Medium Density Residential for the property with the following uses added to the list ofpermitted uses: i. Community Center ii. Low Volume Retail Sales iii. Office b. Signage shall be in accordance with requirements for properties zoned C-O.