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HomeMy Public PortalAboutORD14888 BILL NO. 2011-106 SPONSORED BY COUNCILMAN/ r7 (� Schulte ORDINANCE NO. �4 b `� a 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 1.33 ACRES OF LAND LOCATED AT 1002 MYRTLE STREET FROM RA-2 HIGH 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 RA-2 High Density Residential to PUD Planned Unit Development: A tract of land in Block 6 of Morris and Edmonds Subdivision as per plat of record in Plat Book 2, page 19, Cole County Recorder's office, in the City of Jefferson, Cole County, Missouri being all of Lots 1 thru 7, part of Lots 8 and 9, part of Lots 19 thru 24, all of Lot 25, part of Lots 26 thru 28 and part of the 10 foot wide public alley running east and west thru the center of said Block 6; the boundary of said tract of land being more particularly described as follows: BEGINNING at the northeasterly corner of said Lot 1 of Block 6 of Morris and Edmonds Subdivision in the City of Jefferson, Missouri; thence S2°45'29"W, along the easterly line of said Block 6, being the westerly line of the Myrtle Street Right-of-way, 175.00 feet; thence S52°36'53"W, 116.60 feet to the southeasterly corner of said Lot 25;thence N87'21'1 8"W, along the southerly line of said Lot 25, 30.00 feet to the southwesterly corner thereof; thence N67'04'52"W, 185.00 to a point inside said Lot 19;thence N22°46'58"E, 198.00 feet to a point on the northerly line of said Lot 8 and said point being on the northerly line of said Block 6;thence S87'21'1 8"E, along the northerly line of said Block 6, being the southerly line of the Edmonds Street Right-of-way, 225.00 feet to the POINT OF BEGINNING. Containing 1.33 acres. Section 2. This ordinance shall be in full force and effect from and after its passage and approval. �l Passed: ll � � oY 7�1 Approved: �� � Presiding Officer Mayor AT��ST. � APPROVED AS TO FORM/ t %/ r '' ; 'f'lam � � 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. P11014 — 1002 Myrtle Avenue; Rezoning from RA-2 to PUD and Preliminary and Final PUD Plan. Application filed by Jefferson City Housing Authority, property owner, Allen Pollock, authorized representative, to rezone 1.33 acres from RA-2 High Density Residential to PUD Planned Unit Development and a Preliminary and Final PUD Plan to establish permitted uses as daycares, offices, and multi-family residential. The property is located on the southwest corner of the intersection of Myrtle Avenue and Edmonds Street and is described as part of Morris and Edmonds Subdivision, Jefferson City, Missouri. Mr. Barron described the proposal and explained that the purpose of the request is to allow for the transfer of the property from the Jefferson City Housing Authority to the owner/operator of the daycare. He stated that offices and multi-family residential uses are also being requested in order to retain some flexibility for future potential uses of the building. Mr. Barron explained that no site improvements are being proposed. He stated that daycare centers, while historically a conditional use of the RA-2 district, are no longer permitted uses in the residential districts and the non- conforming nature of the business is viewed as a cloud on the title. Mr. Jack Pletz, Legal Counsel for the Jefferson City Housing Authority, 325 Jefferson Street, spoke regarding this request. Mr. Pletz explained that the Jefferson City Housing Authority acquired this property in the 1960's as part of the public housing project to construct a daycare center to serve the population in this area. He stated that the Housing Authority entered into a series of long term leases with the Jefferson City Daycare Center. Mr. Pletz explained that the Jefferson City Daycare Center made substantial improvements to the building in the mid 1990's in cooperation with the Housing Authority. He stated that the Daycare Center has expressed an interest to own the property. Mr. Pletz explained that the Housing Authority has gone through an extensive application process with the Department of Housing and Urban Development, as they hold the mortgage on all Excerpt of Unapproved Minutes/Jefferson City Planning & Zoning Commission Page 2 October 13, 2011 Housing Authority property. He stated that the purchaser wants to continue to use the building as a daycare center. Mr. Pletz explained that this request is to update the current and future use of the property. Mr. Nickolaus inquired whether the Housing Authority is aware of the public alley running through this property. In response, Mr. Pletz explained that he is not aware if an application to vacate the alley has been submitted at this time. He stated that he will look into the matter and submit an application to vacate the alley if necessary. No one spoke in opposition to this request and no correspondence was received. Mr. Barron gave the Planning Division staff report. Mr. Lester moved and Ms. Cotten seconded to recommend approval to rezone the property from RA-2 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. Lester moved and Mr. Stacey seconded to recommend approval of the Preliminary and Final PUD Plan to the City Council subject to the permitted uses of the property being limited to daycare centers, offices, and multi-family residential. The motion passed 8-0 with the following votes: Aye: Cotten, Deeken, Dutoi, Jordan, Lester, Mihalevich, Stacey, Yarnell City of Jefferson Planning & Zoning Commission LOCATION IC°l1 >, RIB 1 ®� LQU�ISIANA i � HIIUGTOi� pQ� H �` FF�ilitl t�` li r tiIS 3` ' 04 ti 4 y 1 " "i i : 4 i 1 sS 41�Yr i4 a 11 [ f�iur t4 . O� FahV' � � t' �j 4441 r "� 1 r It t} 1(7 r t q s:}1 is i 1 X11 1t� s is S 41 t t i iii } t .ytl 31 1il 1 t 1 tJt i '. i 1 1 w � � 1i W i t Q 1 ' R � ,' Z t t � t 1t is t 1 MD � � pE 1rt,i14, , 4 � fit" „ , 4 RR19�SdTS 1 (t F�1N F i RS �2 \I 0 200 400 800 Feel N 1002 Myrtle Ave. w E Rezoning from RA-2 to PUD S City of Jefferson VICINI,'y -? �=i U' J��%/�`�ST.M/IRYS-BLVD ���1 �� i Lull Ii [UU 1IIL II1�t jil" t- -DIX-RD �_— ���jh���ui=�z MISSOURI=6L`-VD' - o y ~_ `y .� Gt I �1lPj ,s � } Noml, Y— � W11S N O�rQS � T lyi' `-S lam. LitioErt=fief w - w} F pR a ca m z q SWIFT SWIFTS=HWY___ Ew S F �I I .�.L - 1C _ � TADIUM-BLV j �� _ I 4 ���� ���� THOMPSON-ST DU�NE`SW1F-T_P�KWY� I N 11400 Peet w 0 350 700 ` 1002 Myrtle Ave. Rezoning from RA-2 to PUD APPLICATION FOR ZONING AMENDMENT E C Eat fVc�red n LS (� City of Jefferson - Planning Division U {U{ Department of Planning & Protective Services 320 East McCarty Street SEP 2 2 Jefferson City, Missouri 65101 2Qj� Phone (573) 634-6410 Fax (573) 634-6457 The undersigned hereby petitions the Planning and Zoning Commission and City C unci�R,�rj,1PLPAl ING AND f(fE��gn, 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: XX y� Zoning Map Amendment (Rezoning of Real Estate) The undersigned hereby state they are the owners of the following described real estate: Property Address: 1002 Myrtle Avenue, JC MO 65109 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 RA-2 district to PUD district. The purpose of this rezoning request is to: The property is currently in use as a day care center, a grandfathered conditional use in the RA-1 zonina The HA would like to sell the property to the Jefferson City Day Care Center Inc JCDCC would like the security of the building use being permitted by the zoning A rezoning to PUD and a PUD Plan to allow for the davcare use is being proposed. ALL OWNERS OF REAL PROPERTY PROPOSED TO BE REZONED MUST SIGN THE APPLICATIO AND ALL SIGNATURE MUST BE NOTARIZED. IF ADDITIONAL SIGNATURES ARE NEEDED, PLEASE;ATTACH SEP rx E SHEF,.T Jefferson City Housing Authority Property Owner#1 Name (type orprint) Property Owne Signature Allen Pollock, PE, Executive Director -Subscribed-and-sworn-before-me-this---------day-of - -inAhe-year- Address of Property Owner#1: 1040 Myrtle Avenue, PO Box 1D29, Jefferson City, MO 65109 Address of Property Owner#2 Phone Num ber(s): 635-6163 Ext. 216 Applicant Information (if different from property owner): Name: Address: Phone Number For City Use Only. Application Filing Fee $200 Payment Received: _Cash (Receipt# ) Check (Copy; check# ) Attachments: Additional sheets or documentation -Applicant/Project Information Sheet Location Map Page t of 1 May 6,2002 0 25 50 100 1 inch = 50 feet EDMONDS STREET(30' R/Vl/) S87°21 i18iIE _ �� T 2 5 001`-' I • Y"+ 'i(I ( ���! Ifl. �I t4 �A R+e i�t i3} �, u• : { t<,7- � i 'sI+ I sad i} ° � i { � rz? WJ mF it'js-� W i f 'i' wgrt r�a¢�s O N it r€vi at �aQ' O 14G �7H tt ij 5 r �1 4J• t£t d"'� tl h i NN`k" Jb l� 1� ,N{2iia 4+ „� 10' Public Alley w Y. n,reco of vboa6on of alley T — , , f41hI� �I {k� T T t df Il�rliR, F, ,e , I � ` .i ` (!J� tj � r' B�ha .,�'` tti114 ryes il!'4I 1i �' -( 20 21 23 ;ps< < 261 X27 28' }} f �� i �lrt }��11�424� f� tf} � � AN,- &DfV� N S ©IVI (V t PLAT s �' BOOK' h � PAG } -r l�i�,. d} _� IV s. iV ly I j}i sf4f i .t p i �Ci� j 14 ,s •'. ETHYLENE AVENUE a (VACAUD,ONNo.7277a)t}° �� ,, t 1 ¢ `b I1 7,�71 I I IIM{ I 3 } BLOICK 71 � t• Ifi`( I , 0 -9 8 7 6 II:iG��it k�a{a.k."..yat (�:yi, M^.!!!� I'. sttY ®F I PI 4$t \dfy City of Jefferson 4 _ Eric J. Struemph, Mayor Department of Planning&Protective Services - Janice McMillan, Director 320 E.McCarty St. Phone:573-634-6410 Jefferson City, MO 65101 Fax: 573-634-6457 Ins- 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. P11014 — 1002 Myrtle Avenue; Rezoning from RA-2 to PUD and Preliminary and Final PUD Plan. Application filed by Jefferson City Housing Authority, property owner, Allen Pollock, authorized representative, to rezone 1.33 acres from RA-2 High Density Residential to PUD Planned Unit Development and a Preliminary and Final PUD Plan to establish permitted uses as daycares, offices, and multi-family residential, The property is located on the southwest corner of the intersection of Myrtle Avenue and Edmonds Street and is described as part of Morris and Edmonds Subdivision, 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, E�rtic �a'�yl Eric Barron, AICP Senior Planner Jefferson City Planning& Zoning Commission Page 1 Property Owners List Case No. P 1 1014 1002 Myrtle Street October 13, 2011 Housing Authority of.lefferson City 10Jackson St Jefferson City, MO 65101 914 Elizabeth St 914 Montana St 1303 Edmonds St 1011 llizabeth St 1031 Buena Vista St Robinett, Betty M 810 Washington St Jefferson City, MO 65101 1410 Edmonds St Missouri Highway & Transportation Commission PO Box 7t8 Jefferson City, MO 65102 830 MoDOT Dr Twyman, Alisha A 920 Myrtle Ave Jefferson City, MO 65109 920 Myrtle Ave Upton, Tyrie K Clair, Nathan L 1503 Edmonds St Jefferson City, MO 65109 1503 Edmonds St City of Jefferson 320 E. McCarty St Jefferson City, MO 65101 PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION October 13, 2011 Case No.P11014—1002 Myrtle Avenue; Rezoning from RA-2 to PUD and Preliminary and Final PUD Plan. Application tiled by Jefferson City Housing Authority, property owner, Allen Pollock, authorized representative, to rezone 1.33 acres from RA-2 High Density Residential to PUD Planned Unit Development and a Preliminary and Final PUD Plan to establish permitted uses as dayeares, offices, and multi-family residential. The property is located on the southwest corner of the intersection of Myrtle Avenue and Edmonds Street and is described as part of Morris and Edmonds Subdivision, Jefferson City, Missouri. Nature of Request The applicant is requesting to rezone the property front RA-2 High Density Residential to PUD Planned Unit Development and a Preliminary and Final PUD Plan in order to allow for the use of the existing building as a daycare. Offices and multi-family residential uses are also being requested in order to retain some flexibility for future potential uses of the building. No site improvements are being proposed. The purpose ofthe request is to allow for the transfer of the property from the Jefferson City Housing Authority to the owner/operator of the daycare. Daycare Centers,while historically a conditional use of the RA-2 district,are no longer permitted uses in the residential districts and the non-conforming nature of the business is viewed as a cloud on the title. ZmrinL History The property has been zoned RA since at least 1962. It is assumed by staff that the daycare received conditional use permit approval to operate, although no record of this can be found. Location The subject properly is located on the southwestern corner of the intersection of Myrtle Avenue and Edmonds Street. Ad accar zoning and land use is as follows: Surroundinf4 Zoning Surrounding Uses North RA-2 Single Family Residential South RA-2 Multi-Famil Housing East RA-2 Apartment Building West RA-2 Multi Housing Staff Analysis Parking: The existing building is served by a parking lot with approximately 40 parking spaces, which is sufficient to nice[ the parking requirement for the proposed use. Permitted Uses: Proposed uses include daycare centers, offices, and multi-family residential. Building Design: No exterior building modifications are proposed. Slams: The daycare has an existing sign at the corner of Myrtle and Edmonds. No modifications in signage are proposed. Staff Recommendation Staff recommend approval ofthe rezoning and PUD Plan. Use ofthe property has long been established as a daycare center. The PUD zoning would allow for the proposed uses without allowing for the wide range of commercial uses that are associated with the standard commercial zoning districts, which could conflict with the residential nature of the area. Form of Motion Motion for approval of the proposed Final PUD Plan amendment with the following conditions: L Permitted uses ofthe property shall be limited to daycare centers,offices,and multi-family residential.