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HomeMy Public PortalAboutORD14833 BILL NO. 2011-47 SPONSORED BY COUNCILMAN/tI `7 2Schulte /`- ORDINANCE NO. G ' 0 5 ) 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 0.9 ACRES OF LAND ADDRESSED AS 400 WEST MAIN STREET FROM M-1 LIGHT INDUSTRIAL 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 M-1 Light Industrial to PUD Planned Unit Development: A tract of land situated in Section 7, Township 44 North, Range 11 West, in the City of Jefferson, Cole County, Missouri, being a part of Inlots 60 and 65, part of a 20 foot wide Alley vacated by City Ordinance No. 2783, and part of an 80 foot wide street right-of-way known as Mulberry Street, also vacated by City Ordinance No. 2783, the boundary of all of the aforesaid being more particularly described as follows: From the southwestern corner of aforesaid Inlot 60, thence south 41 degrees, 59 minutes, 18 seconds West, 10 feet, to thecenter of the aforesaid 20 foot wide Alley vacated by City Ordinance No.2783 and the POINT OF BEGINNING,thence North 41 degrees, 59 minutes, 18 seconds East along the westerly line of a tract described in Book 87, Page 131, 148.00 feet to the northwesterly cornerthereof;thence South 47 degrees,43 minutes,51 seconds East, along the northerly line of said tract described in Book 87, Page 131, 283.13 feet to the northwesterly corner of a tract described in Book 221, Page 489, Cole County Recorder's Office;thence South 54 degrees, 12 minutes, 51 seconds West, along the westerly line of said tract described in Book 221, Page 489, 152 feet, more or less, to the centerline of the aforesaid 20 foot wide Alley vacated by City Ordinance No. 2783, thence North 45 degrees, 42 minutes, 20 seconds West, along the center of said vacated alley,245 feet, more or less,to the POINT OF BEGINNING.Said property containing approximately 0.9 acres. Section 2. This ordinance shall be in full force and effect from and after its passage and approval. Passed Lt � 1, 1 � Approved: C Presiding Officers Mayor ATTEST: APPROVED TO FORM: ✓City Clerk City Coun`s for NOTICE OF PUBLIC HEARINGS ONPLANNING ANDZONING MATTERS The City Council of the Cityof Jefferson,Missouri,will hold public hearingson the following planning and zoning matters on Monday,August 15,2011 at 6:00 p.m. in the Council Chamber of the John G. Christy Municipal Building, 320 East McCarty Street, Jefferson City, Missouri. 1. 400 WEST MAIN STREET(PARTIALTRACT)- REZONING 0.9 ACRES FROM M-1 LIGHT INDUSTRIAL TO PUD PLANNED UNIT DEVELOPMENT: A tract of land situated in Section 7, Township 44 North, Range 11 West, in the City of Jefferson, Cole County, Missouri, being a part of Inlots 60 and 65, part of a 20 foot wide Alley vacated by City Ordinance No. 2783, and part of an 80 foot wide street right-of-way known as Mulberry Street,also vacated by City Ordinance No. 2783,the boundary of all of the aforesaid being more particularly described as follows: From the southwestern corner of aforesaid Inlot 60,thence south 41 degrees,59 minutes, 18 seconds West, 10 feet,to the center of the aforesaid 20 foot wide Alley vacated by City Ordinance No. 2783 and the POINT OF BEGINNING, thence North 41 degrees, 59 minutes, 18 seconds East along the westerly line of a tract described in Book 87, Page 131, 148.00 feet to the northwesterly cornerthereof;thence South 47 degrees, 43 minutes, 51 seconds East, along the northerly line of said tract described inBook 87, Page 131, 283.13 feet to the northwesterly corner of a tract described in Book 221, Page 489, Cole County Recorder's Office;thence South 54 degrees, 12 minutes,51 seconds West, along the westerly line of said tract described in Book 221, Page 489, 152 feet, more or less,to the centerline of the aforesaid 20 foot wide Alley vacated by City Ordinance No. 2783, thence North 45 degrees, 42 minutes, 20 seconds West, along the center of said vacated alley,245 feet, more or less, to the POINT OF BEGINNING. Said property containing approximately 0.9 acres. 2. 400 WEST MAIN STREET - PRELIMINARY PUD PLAN: Application for approval of a Preliminary PUD Plan for a commercial development: A Tract of land in the City of Jefferson, Cole County, Missouri, being part of and situated in the Northeast Quarter of Fractional Section 7, Township 44 North, Range 11 West, and part of Inlots 60, 63 and 65, all of Inlot 64, part of a 20 foot wide Alley vacated by the City Ordinance No. 2783, and part of an 80 foot wide street right-of-way known as Mulberry Street, also vacated by City Ordinance No. 2783, and part of the 2.0 foot wide portion of West Main Street right-of-way, vacated by City Ordinance No. 2933 and part of an area known as Wears Creek according to available plats and survey records of said City of Jefferson,the boundary of all the aforesaid being more particularly described as follows: BEGINNING at the southeasterly corner of the aforesaid Inlot 64,,being the northeasterly corner of the 2.0 foot wide portion of West Main Street right-of-way,vacated by City Ordinance No. 2933;thence S41°59'18"W, along the easterly line of said vacated right-of-way, 2.00 feet to the southeasterly corner thereof; thence N47°33'47"W, along the southerly line of said vacated right-of-way, 153.12 feet to the southeasterly corner of a tract described by deed of record in Book 326, page 277, Cole County Recorder's Office;thence N41'59'1 WE, along the easterly line of said tract described in Book 326, page 277, 101.49 feet to the northeasterly corner thereof;thence N47°33'47"W, along the northerly line of said tract described in Book 326, page 277, 55.60 feet to the southeasterly corner of a tract described by deed of record in Book 367, page 592, Cole County Recorder's Office; thence N41'59'1 8"E, along the easterly line of said tract described in Book 367, page 592, 109.26 feet to the northeasterly corner thereof and said corner being in the center of the aforesaid 20 foot wide vacated alley; thence S47°33'47"E, along the center of said vacated alley, 139.15 feet to a point intersecting the westerly line of a tract described by deed of record in Book 87, page 131, Cole County Recorder's Office; thence N41°59'18"E, along the westerly line of said tract described in Book 87, page 131, 148.00 feet to the northwesterly corner thereof;thence S47°43'51"E, along the northerly line of said tract described in Book 87, page 131, 283.13 feet to the northwesterly corner of a tract described in Book 221, page 489, Cole County Recorder's Office; thence S54°12'51"W, along the westerly line of said tract described in Book 221, page 489,364.21 feet(364.61 feet deed) to the southwesterly corner thereof and said corner being on the northerly line of the 80 foot wide street right-of-way known as West Main Street;thence N47°36'35"W, along the northerly line of said West Main Street right-of-way, 56.43 feet to the easterly line of the aforesaid vacated Mulberry Street right-of-way;thence N48'1 6'03"W, along the northerly line of said West Main Street, 80 feet to the POINT OF BEGINNING. Said property contaning approximately 2.49 acres. 3. 714 AND 716 WEST HIGH STREET—REZONING 0.41 ACRES FROM RA-2 HIGH DENSITY RESIDENTIALTO C-O OFFICE COMMERCIAL The Westerly half of Inlot 279 and the Easterly 35 feet of Inlot Numbered 278 in the City of Jefferson, Missouri, more particularly described as follows: Beginning at the southeasterly corner of said Inlot 278; thence running westerly with the southerly line thereof 35 feet; thence Northerly parallel with the easterly line thereof 198 feet and 9 inches to the northerly line thereof;thence Easterlywith the Northerly line 35 feet to the northeasterly comer of said Inlot; thence Southerly along the easterly line thereof 198 feet and 9 inches to the place of beginning; and, the westerly half of Inlot 279. Contahing approximately 0.41 acres. Phyllis Powell, City Cler%City of Jefferson, Missouri P.T. - Friday, July 29, 2011 For contact information only. Department of Community Development/Planning Division 320 East McCarty Street, Room 12Q Jefferson City, Missouri 65101 Contact: Anne Stratman or Janice McMillan Phone (573) 634-6475 Fax (573) 634-6457 MINUTES JEFFERSON CITY PLANNING AND ZONING COMMISSION July 14, 2011 5:15 p.m. COMMISSION MEMBERS PRESENT ATTENDANCE RECORD Ralph Robinett, Chairman 2 of 2 Jack Deeken 2 of 2 Dean Dutoi 2 of 2 Bob George 1 of 2 Chris Jordan, Vice Chairman 2 of 2 David Nunn 1 of 2 Scott Stacey* 2 of 2 Chris Yarnell 1 of 2 Michael Lester, Alternate 2 of 2 Bunnie Trickey Cotten, Alternate 1 of 2 Dale Vaughan, Alternate 2 of 2 `Arrived Late COMMISSION MEMBERS ABSENT J. Rick Mihalevich 1 of 2 EX-OFFICIO MEMBERS PRESENT Shawn Schulte, City Council Liaison STAFF PRESENT Janice McMillan, Deputy Director of Planning &Transportation Services Eric Barron, Senior Planner Drew Hilpert, Associate City Counselor Shane Wade, Engineering Division Anne Stratman,Administrative Assistant New Business/Public Hearings Case No. P11005 —400 West Main Street; Rezoning and Preliminary PUD Plan. Application filed by City of Jefferson, property owner, on behalf of Ron Dawson, authorized representative, Capital Mill Bottom LLC, applicant, to rezone 0.9 acres from M-1 to PUD and a Preliminary PUD Plan for 2.49 acres consisting of a commercial development with a variety of uses including offices, restaurant, retail space, event space, welcome center, and farmers market, The property is located on the north side of West Main Street 400 feet east of Missouri Boulevard and is described as part of Section 7, Township 44 North, Range 11 West, Jefferson City, Cole County, Missouri. (Barnes Griffin Incorporated, Consultant) Mr. Barron described the proposal and explained that the rear portion of the property is zoned M- 1 Light Industrial and the front portion of the property is zoned PUD Planned Unit Development. He stated that the property is currently owned by the City and is under contract to be sold to Capital Mill Bottom, LLC. Mr. Barron explained that the request is to rezone the rear portion of the property from M-1 to PUD in order to unify the zoning of the property and support the proposed PUD Plan. He stated that an underlying zoning of C-2 General Commercial is proposed within the Preliminary PUD Plan for the purpose of identifying permitted uses with several other uses included as permitted uses as listed in the staff report. Mr. Stacey arrived at 5:24 p.m. Mr. Ron Dawson, 920 Nob Hill Road, spoke regarding this request and explained that three years ago the City put out a Request for Proposal (RFP) for this property to be redeveloped, He stated that his development group responded to this RFP and was selected to move forward. Mr. Dawson explained that the proposal consists of an event destination type space that could possibly include uses such as a visitor's center, retail space, farmer's market, office space, restaurant and brewery, He stated that they are open to Union Pacific Railroad's concerns and will work with them throughout the process. Mr. Dawson explained that the subject property was recently surveyed. He Excerpt of Unapproved Minutes/Jefferson City Planning &Zoning Commission Page 2 July 14, 2011 stated that he is aware of the limitations imposed by being in a floodplain and will follow FEMA guidelines. Mr. Dawson explained that they intend to keep the industrial characteristics of the property intact. He stated that AmerenUE's substation will not impact the proposed project and will be buffered with greenery along the fence line. Mr. Dawson explained that AmerenUE is aware of the proposed project. Mr. Brian Stone, Thompson Coburn LLP, One US Bank Plaza, St. Louis, Missouri, voiced concerns on behalf of Union Pacific Railroad Company. Mr. Stone explained that Union Pacific Railroad Company has tracks that are located on the northern portion of the subject property. He stated that on the northern most boundary of the property line is a gravel road that Union Pacific Railroad Company uses for access and storage of equipment and materials. Mr. Stone explained that the bullpen area allows access to the western portion of Union Pacific Railroad Company's property. He stated that their concerns are whether or not this property is in fact Union Pacific Railroad Company's property. Mr. Stone explained that Union Pacific Railroad Company has always maintained ownership of property 25 feet from the centerline of its tracks. He stated that the northern property boundary buts up closer than 25 feet from the centerline of that southern track. Mr. Dawson explained that Union Pacific Railroad Company is concerned whether there will be parking on property that they own and use for access and storage of their equipment. He inquired whether there will be sufficient boundary restrictions to prevent people from trespassing on their tracks. Mr. Stone stated that there will be people parking in close proximity to a very active line. He explained that there is a manual railroad switch just on the other side of that northern most line. Mr. Stone stated that Union Pacific Railroad Company is concerned with the public manipulating that switch and changing the direction of those tracks. He explained that Union Pacific Railroad Company would like have an opportunity to look at the survey to determine where the property lines are located. Mr. Stone stated that Union Pacific Railroad Company is not in a position to solely oppose the City's project. He explained that they want to work with Mr. Dawson and the City. Mr. Dawson stated that Union Pacific Railroad Company wants to make sure that they are still able to maintain access and use of their property. Mr. David Miller, Manager of Terminal Operations for Union Pacific Railroad Company, 301 State Street, spoke regarding this request. Mr. Miller explained that the survey markers sit within 10 feet of the"Y"track which will restrict access to repair the tracks. Mr. Nunn inquired of what Union Pacific wants the property owner to do to address these concerns. In response, Mr. Stone explained that it is important for Union Pacific Railroad Company to meet with Mr. Dawson and the City to pinpoint the location of the property line. He stated that they want to work together to achieve a mutually agreeable resolution. Mr. Jordan explained that this is a Preliminary PUD Plan that can be subject to change. He stated that a Preliminary PUD Plan gives an idea of the land uses and stipulations. Mr. Jordan explained that this body can move forward tonight however it will be up to you and the developer to work out the property descriptions and boundaries. Mr. Barron explained that this is a Preliminary PUD Plan and the primary purpose is to establish the permitted uses on the property and also the general layout of the development. He stated that it is important to realize that the proposal is to rezone the remainder of the property to PUD and proceed with the development under PUD guidelines. Mr. Barron explained that if the property were zoned one of the traditional zoning districts such as C-2 General Commercial we would not be here this evening to discuss details such as parking, landscaping or anything else associated with the development of the property. He stated that the approval of the Preliminary PUD Plan does not give the future property owners the right to do anything yet because the Final PUD Plan needs to be submitted. Mr. Barron explained that the Final PUD Plan is an administrative review and approval process. He stated that as long as the Final PUD Plan is in conformance with the approved Preliminary PUD Plan the plan does not need to come back before the Planning and Zoning Commission. Mr. Barron explained that there is still time for discussion between the property owner, developer, and affected neighbors regarding specific items that would be shown on the Final PUD Plan. Excerpt of Unapproved Minutes/Jefferson City Planning &Zoning Commission Page 3 July 14, 2011 Mr. Hilpert commented that there is time after the Preliminary PUD Plan has been approved to address all of these concerns. He explained that it is the staff opinion that the Commission does not need to continue this matter in order to accommodate Union Pacific Railroad Company's concerns because there is sufficient time available before the plan is finalized. Correspondence was received from Mr. Brian Stone, Thompson Coburn LLP, One US Bank Plaza, St. Louis, Missouri 63131, on behalf of Union Pacific Railroad Company. Mr. Barron gave the Planning Division staff report. Mr. Wade gave the Engineering Division staff report. Mr. Dawson explained that if there is a legal issue of title with Union Pacific Railroad Company that can be addressed, he wants to accommodate their concerns. Mr. Dutoi explained that nothing we do tonight will establish the boundaries or even prejudice where they might be. He stated that there is not a reason to hold this process up because the concerns that have been raised tonight can be worked out later. Chairman Robinett announced that since Mr. Stacey has arrived Ms. Cotten will no longer be a voting member. Mr. Nunn moved and Mr. Jordan seconded to recommend approval to rezone the northern portion of the property, consisting of 0.9 acres, from M-1 to PUD, to the City Council. The motion passed 8-0 with the following votes: Aye: Deeken, Dutoi, George, Jordan, Lester, Nunn, Stacey, Yarnell Mr. Nunn moved and Mr. Jordan seconded to recommend approval of the proposed Preliminary PUD Plan to the City Council with an underlying zoning district of C-2 General Commercial for the purpose of establishing the following permitted uses: a. Offices b. General Retail and Services c. Restaurant(including walk up restaurant) d. Event Space e. Indoor and Outdoor Entertainment f. Brewery or Winery g. Farmer's Market h. Visitors Welcome Center The motion passed 8-0 with the following votes: Aye: Deeken, Dutoi, George, Jordan, Lester, Nunn, Stacey, Yarnell y of .9e"ers®n plat/C���TY y r Lrr�C.O. F &80Feet r 400 West Main Street M.A+ PUD City of Jefferson Planning & Zoning Commission LOCATION IV - RA= ' .r p� F \ Y` Q2�.s tt F X 0, ����a.,� �" ft ` 7 qj ^ � r i w �r _ ��lyl' et'x, i4 .' 'C k � y 4 W'c' It 3 AkcL imp 0 185 370 740 Feet N 400 West Main Street Rezoning from M-1 to PUD W+E 5 APPLICATION FOR ZONING AMENDMENT Date Received: City of Jefferson -Planning Division Department of Community Development 320 East McCarty Street Jefferson City, Missouri 65101 Phone(573)634-6410 Fax (573)634-6457 The undersigned hereby petitions the Planning and Zoning Corn mission and City Council of the City of Jefferson, Missouri, for the following amendment to the Zoning Code: I ❑ Zoning Text Amendment (Describe below or attach complete narrative) Article and Section Affected(if applicable) Description 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:400 W. Main Street Lega(/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 M-1 district to Pup district. The purpose of this rezoning request is to: Unify the zonino of the Property and accommodate the Proposed Preliminary PUD Plan ALL OWNERS OF REAL PROPERTY PROPOSED TO BE REZONED MUS ._I5 GN HE ICATION,AND ALL SIGNATURE MUST BE NOTARIZED. IF ADDITIONAL SIGNATURES ARE NEEDED, ATT SEPARATE SHEETS. Nathan A ickolaus, City Administrator Property Owner Name(type orprint) Property Owner Signna�Xura- —1 Ronald Dawson. Capital Mill Bottom. LLC Applicant Name(type or print) Applicant grratrrre—" _ Address of Property Owner: 320E McCarty Street Jefferson City, MO 65101 Phone Number: 5773-634-6410 Address of Applicant: 920 Nob Hill Jefferson City MO 65109 Phone Number: 573-690-6400 For City Use Only. Application Filing Fee 020 Payment Received: Cash (Receipt# ) Check(Copy;check# ) Attachments: I, Additional sheets or documentation Applicant/Project Information Sheet Location Map I [ Page 1 of 7 May S.2002 t I t i t Case No. P11005 400 W. Main Street Property proposed to be rezoned from M-1 to PUD A tract of land situated in Section 7,Township 44 North, Range 11 West, in the City of Jefferson, Cole County, Missouri, being part of Inlots 60 and 65, part of a 20 foot wide Alley vacated by City Ordinance No. 2783, and part of an 80 foot wide street right-of-way known as Mulberry Street,also vacated by City Ordinance No. 2783,the boundary of all the aforesaid being more particularly described as follows: From the southwestern corner of aforesaid Inlot 60,thence south 41 degrees, 59 minutes, 18 seconds West, 10 feet,to the center of the aforesaid 20 foot wide Alley vacated by City Ordinance No. 2783 and the POINT OF BEGINNING,thence North 41 degrees, 59 minutes, 18 seconds East along the westerly line of a tract described in Book 87, Page 131, 148.00 feet to the northwesterly corner thereof;thence South 47 degrees, 43 minutes, 51 seconds East, along the northerly line of said tract described in Book 87, Page 131, 283.13 feet to the northwesterly corner of a tract described in Book 221, Page 489,Cole County Recorder's Office; thence South 54 degrees, 12 minutes, 51 seconds West, along the westerly line of said tract described in Book 221, Page 489, 152 feet, more or less, to the centerline of the aforesaid 20 foot wide Alley vacated by City Ordinance No. 2783,thence North 45 degrees, 42 minutes, 20 seconds West, along the center of said vacated alley, 245 feet, more or less,to the POINT OF BEGINNING. Said property containing approximately 0.9 acres. `�`6tSY IF J � �s City of Jefferson Eric J. Struemph, Mayor Department of Community Development ' _ Charles D.Lansford,Interim Director 320 E.McCarty St. Phone:573.634-6410 Jefferson City,MO 65101 Fax: 573-634-6457 ins June 30, 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, July 14, 2011, 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. PI 1005 — 400 West Main Street; Rezoning and Preliminary PUD Plan. Application filed by Ron Dawson, authorized representative, Capital Mill Bottom LLC, property owner, to rezone 0.9 acres from M-1 to PUD and a Preliminary PUD Plan for 2.49 acres consisting of a commercial development with a variety of uses including offices, restaurant, retail space, event space, welcome center, and farmers market. The property is located on the north side of West Main Street 400 feet east of Missouri Boulevard and is described as part of Section 7, Township 44 North, Range 11 West, Jefferson City, Cole County, Missouri. (Barnes Griffin Incorporated, Consultant) 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 Community Development/Planning Division 573-634-6457 mail: Dept. of Community Development/ 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 August 15, 2011, 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. DEPARTMENT OF COMMUNITY DEVELOPMENT Eric Barron, AICP Senior Planner City A_ DEVELDF�1_i�1T jr I flr }. "building a bettercommunit}' Jefferson City Planning & Zoning Commission Property Owners List Case No. P11005 400 W. Main Street July 14, 2011 Division of Facilities Management Design & Construction Leasing Section 301 W. High Street PO Box 809 Jefferson City, MO 65102 430 W. Main St 312 W. Main St 414 W. Main St 425 W. Main St Bishop John R. Gaydos PO Box 104900 Jefferson City, MO 65110 314 W. High St Missouri Pacific Railroad 210 North 131h St St Louis, MO 63101 510 W. Main St City of Jefferson 320 E. Mccarty St Jefferson City, MO 65101 500 W. Main St 400 W Main St (Subject Property) (REVISED) PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION July 14,2011 Case No. P11005-400 West Main Street; Rezoning and Preliminary PUD Plan. Application filed by Ron Dawson, authorized representative, Capital Mill Bottom LLC,property owner,to rezone 0.9 acres from M-I to PUD and a Preliminary PUD Plan for 2.49 acres consisting of a commercial development with a variety of uses including offices, restaurant, retail space, event space, welcome center, and farmers market. The property is located on the north side of West Main Street 400 feet east of Missouri Boulevard and is described as part of Section 7, Township 44 North, Range I 1 West, Jefferson City, Cole County, Missouri. (Barnes Griffin Incorporated, Consultant) Notification By publication in the newspaper, by letter to adjacent and affected property owners within 185 feet, and by posting a sign on the property. Location The property is the old Ameren power plant located on the north side of West Main Street 400 feet east of Missouri Boulevard. Nature of Request This request is a redevelopment plan for the old Ameren power plant. The plan calls for the rehabilitation of the existing buildings on the site for use as office,retail,restaurant,and event space as well as the construction of a parking lot. The City acquired this property from Ameren UE and issued a request for proposals for the redevelopment of the site. This redevelopment plan was the winning proposal and the City Council has approved the sale of the property to the development group(Capital Mill Bottom LLC). The property has a split zoning designation,with the front portion of the property being zoned PUD Planned Unit Development and the rear portion of the property being zoned M-1 Light Industrial. A request to rezone the rear portion of the property from M-1 to PUD has been submitted in order to unify the zoning of the property and support the proposed PUD Plan. Staff Analysis Permitted Uses. Permitted uses are outlined within the contract document between the developer and the City. Setbacks. Setbacks are proposed as 0 feet. A setback of 0 feet is consistent with the setback requirements of the C-3 Central Commercial zoning district. Parking. A total of 97 parking spaces are proposed by the Preliminary PUD Plan,20 of these parking spaces are identified as compact spaces. Actual parking layout may vary with the Final PUD Plan. Signage. Signage is proposed to meet the requirements for property zoned C-2 as outlined in Chapter 3 of the City Code, Advertising and Signs. Lighting, Outdoor lighting is proposed to meet the requirements of the C-2 General Commercial zoning district. Landscaping. Parking lot landscaping is proposed to be relocated to the perimeter of the site and along Wear's Creek in order to allow for more efficient event space utilization and creek side green space. Landscaping details would be finalized at the time of the Final PUD Plan administrative review. Floodplain. The property is located within the 100 year floodplain and flood hazard regulations are applicable to the development. Planning and Zoning Commission July 14, 2011 Case No. P11005 Page 2 Staff Recommendation The redevelopment of the old power plant site and the preservation of the existing powerplant buildings would be a benefit to the Millbottom area. The rezoning of the property to PUD and the establishment of a Preliminary PUD Plan to govern the redevelopment is appropriate. Staff recommends approval of the Preliminary PUD Plan and rezoning requests. Form of Motion: 1. Approval of the request to rezone the northern portion of the property, consisting of 0.9 acres,from M-1 to PUD. 2. Approval of the proposed Preliminary PUD Plan with an underlying zoning district of C-2 General Commercial for the purpose of establishing permitted uses with the following uses included as permitted uses: a. Offices b. General Retail and Services c. Restaurant(including walk up restaurant) d. Event Space e. Indoor and Outdoor Entertainment f. Brewery or Winery g. Farmer's Market h. Visitors Welcome Center PLANNING & ZONING COMMISSION CORRESPONDENCE RECEIVED Case No. P11005 400 W. Main Street July 14, 2011 Sender Senders Address How Received Date Received Brian Stone, Thompson Coburn, LLP One US Bank Plaza Email 7/14/2011 St. Louis, MO 63131 Stratman, Anne From: Stone, Brian C. <bstone @thompsoncoburn.com> Sent: Thursday, July 14, 2011 12:04 PM To: Stratman, Anne Cc: Stone, Brian C. Subject: Union Pacific Pictures-case no. P11005 Attachments: photo.JPG; ATT00001Axt Dear Commission, As a follow up to my letter submitted this morning on behalf of UP, please include this photograph with my letter for the official record.Additional photos to follow. Please include these as well.Thank you. CONFIDENTIALITY NOTE:This message is from a law firm. It is intended solely for the use of its intended recipient(s) and might contain information that is privileged,confidential, or otherwise exempt from disclosure under applicable law. If you are not the intended recipient, any distribution or copying of this message (including any attachments) is strictly prohibited. If you are not the intended recipient, please delete it(including any attachments)from your system without copying or forwarding it, and notify the sender of the error by reply e-mail. TAX DISCLOSURE:The I R S requires that we inform you that any U.S.federal tax advice in this message (including any attachments) is not intended to be used, and cannot be used, to (i) avoid penalties under the Internal Revenue Code or (ii) promote, market or recommend any transaction or matter addressed herein. In addition, unless expressly stated in writing, any U.S.federal tax advice contained in this message (including any attachments) is not intended to be used, and cannot be used,to (i) support any position taken on any tax or information return,(ii)support a determination that any such position satisfies any return preparation standard or(iii)avoid any penalties arising from any such position. You are cautioned to determine (i) whether,to avoid certain penalties, applicable law or other IRS guidance requires disclosure of any such position on such return and (ii)if disclosure is warranted,the required form of such disclosure. This email has been scanned by the MessageLabs Email Security System. For more information please visit htto://www.messagelabs.com/email t T H O M P S O N C O B U R N L L P One US Bank Plaza St.Louis,Missouri 63131 314-552.000 FAx 314-552-7000 www.thompsoncobum.corn July 14,2011 Brian C.Stone 314-552.6490 FAX 314-552-7490 bstone@ thompsoncobum.com VIA FACSIMILE Jefferson City Planning&Zoning Commission Dept. of Community Development/Planning Division John G. Christy Municipal Building 320 E. McCarty Street Jefferson City,MO 65101 FAX 573-634-6457 Re: Case No. P11005-400 West Main Street Rezoning and Preliminary PUD Plan Dear Planning& Zoning Commission: Our firm represents Union Pacific Railroad Company("Union Pacific")with respect to the above-referenced matter currently before the Jefferson City Planning&Zoning Commission(the "Commission"). Union Pacific recently received a letter dated June 30,2011 notifying property owners of a July 14,2011 meeting before the Commission. I will be attending the July 14 meeting along with additional representatives of Union Pacific. As you are well aware,Union Pacific's railroad tracks are located to the north and west of the proposed development. Union Pacific currently uses, and has used for a considerable period of time, certain portions of property to the south and east of its existing railroad tracks, including portions of the proposed development, for storage of equipment and materials and also for access to its railroad tracks. Union Pacific respectfully asks that Union Pacific be given further time to review any and all applicable surveys, deeds,plats, and other documents in order for Union Pacific to accurately identify the property lines at issue and to determine whether its use and/or access will be impaired. Additionally,Union Pacific is concerned about the proximity of the proposed development to the existing Union Pacific railroad tracks and the overall safety to the general public. Unfortunately, without knowing at this time the precise distance between Union Pacific's railroad tracks and the boundary line of the proposed development, Union Pacific is uncertain whether the owner has sufficiently considered the necessary safety measures in order to limit the public's access to the railroad tracks. Union Pacific respectfully asks that it be given further time to coordinate with 5372762 Chicago St.Louis Southern Illinois Washington,D.C. July 14, 2011 Page 2 the owner in order to determine whether adequate safety measures have been considered and will be incorporated into the project. Union Pacific further asks that this letter be made a part of the office record and copied and distributed to the Commission members at the July 14'h meeting. Please let me know if you have any questions. Your time and consideration is appreciated. Very truly yours, Thompson Coburn LLP By Brian C. Stone BCS/bs 5372762