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
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Rezoning from RD to PUD
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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.