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HomeMy Public PortalAboutORD14835 BILL NO. 2011-49 SPONSORED BY COUNCILMAN Schulte ORDINANCE NO. 14 y 3-6 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 0.41 ACRES FROM RA-2 HIGH DENSITY RESIDENTIAL TO C-O OFFICE COMMERCIAL, FOR LAND ADDRESSED AS 714 AND 716 WEST HIGH STREET, DESCRIBED AS PART OF INLOTS 278 AND 279, JEFFERSON CITY, 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 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 Easterly with the Northerly line 35 feet to the northeasterly corner 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. Containing approximately 0.41 acres. Section 2. This ordinance shall be in full force and effect from and after its passage and approval. Passed Approved: Presidj� i Mayor ATTEST: APP -VED �TO "FORM: City Clerle Cit ris Ior 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 McMillen, 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. P11006 — 714 and 716 West High Street; Rezoning. Joint Application filed by Douglas and Cynthia Van Camp, property owners of 714 West High Street, and Joseph Bryan, property owner of 716 West High Street, to rezone 0.41 acres from RA-2 High Density Residential to C-O Office Commercial. The property is located on the northern side of West High Street 250 feet west of Bolivar Street and is described as part of Inlots 278 and 279, Jefferson City, Cole County, Missouri. Mr. Barron described the proposal and explained that this request is for the rezoning of two adjacent properties from RA-2 to C-O. He stated 714 W. High Street is currently used as a law office and 716 W. High Street is currently used as a single family residence. Mr. Barron explained that the owner of the law office intends to acquire the adjacent house and convert it to an office use. He stated that a walkway connection would be constructed between the two structures and the rear parking area of the house is intended to be paved in order to serve the expanded office use. Mr. Barron explained that the applicant has chosen to rezone both properties in order to allow for the expanded office use into the residential house and to unify the zoning designations of the two properties. He stated that the Comprehensive Plan Development Plan Map currently identifies these two properties as being intended for commercial use. Mr. Barron explained that the proposed rezoning would be a continuation of the commercial development trend in the area and is supported by the recommendations of the Comprehensive Plan, Mr. Doug Van Camp, 1118 Moreau Drive, spoke regarding this request. Mr. Van Camp explained that his law office represents injured workers across the state mainly by phone, fax and letters. He stated that the current office space at 714 W. High Street is too small and is proposing to purchase the adjacent property at 716 W. High Street to expand. Mr. Van Camp explained that he intends to pave the rear portion of the property in order to accommodate additional parking. He stated that he Excerpt of Unapproved Minutes/Jefferson City Planning & Zoning Commission Page 2 July 14, 2011 intends to maintain the characteristics of the neighborhood and the proposed expansion will not cause an increase in traffic. Mr. Joe Bryan, 304 Bolivar Street, spoke regarding this request and explained that he owns property in the immediate neighborhood. Mr. Bryan emphasized that Mr. Van Camp's properties are an asset to the neighborhood and fully supports the rezoning request. No one spoke in opposition to this request and no correspondence was received. Mr. Barron gave the Planning Division staff report. Mr. Stacey moved and Mr. Lester seconded to recommend approval to rezone the property from RA-2 to C-O to the City Council. The motion passed 8-0 with the following votes: Aye: Deeken, Dutoi, George, Jordan, Lester, Nunn, Stacey, Yarnell City 01 Jell Plar�n" y ' kn So 6$ , f rcgRr rr�/ r` 1 240 480 Peet 0 120 f 714 and 716 West Nigh street Rezoning from PA-2 to C-0 City of Jefferson Planning & Zoning Commission LOCATION h N 01, y4hv .y/ z ' '`\ 1iry IN 4, �a"7 v 'A .r>ti`agpr d�V T ' TT GvPr� ytS� ^* v i N, .�,. M1"'j(r"'4i.e r,rsr � vy � \r3i /� h 4 "ys .tr a'4 t � er s �.R n P�® - p 5.dt 0 65 130 260 Feet N 714 and 716 West High Street Rezoning from RA-2 to C-O W E S APPLICATION FOR ZONING ORDINANCE AMENDMENT E k1GLE I1cVveE City of Jefferson -Planning Division D Department of Community Development 320 East McCarty Street 2 j Jefferson City, Missouri 65101 a Phone (573) 634-6410 Fax(573) 634-6457 PLANNING AND The undersigned hereby petitions the Planning and Zoning Commission and City Council theT 36tD►q(4RfpRrS.EflVICES 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: Y Zoning Map Amendment(Rezoning of Real Estate) The undersigned hereby state they are the owners of the following described real estate: / Property Address: _ �A,/-(f 5 �'�i6�, S�, "k, t °'Tl0 (a Legal/Property Description (write out or attach as an exhibit): •;e-p A d Who petition to rezone the above described real estate from its present classification of r es district c, ' v r district. The purpgs�e,of this rezoning request is to: e=:iYjyh4l' n row fl ,. � ;u cn_ i.,H r,. i h JIL- dl /l)t✓ ALL OWNERS OF REAL PROPERTY PROPOSED TO BE REZONED MUST SIGN THE APPLICATION,AND ALL SIGNATURE MUST BE NOTARIZED. IF ADDITIONAL SIGNATURES ARE NEEDED, PLEASE ATTACH EPARATE SHEETS. )t1 h rI G C i N JAI lPrdpeny Owner#1l Name (type or print) Property 0 r S" nature Prbperly Owner#2 Name (type dr print) Prope y Owner Signature Subscrr�u r u�bYic %efor�eti this � ✓ day of ipnth the year ary al C LlN �r K - Kitt l/L7� State of Missouri Callaway County Notary Public My Commission Expires 3/7/2013 'W 390 Address of Property Owner#1. 7 L .14/y s-/ Air �� fJl Address of Property Owner#2 4i,1, e Phone Number(s): X1 .3 1,*j�/.3 — 'Z —7U' ; T 777 Applicant Information (if different from property owner): Name: Address: Phone Number For City Use Only: Application Filing Fee$200 Payment Received: Cash (Receipt# ) /Check (Copy; check# Attachments: Additional sheets or documentation Applicant/Project Information Sheet Location Map Page 1 W 1 May6,2602 I I_ APPLICATION FOR ZONING ORDINANCE AMENDMENT C(�D^ City of Jefferson - Planning Division D EC F�ec�ve� Department of Community Development 320 East McCarty Street JUN Jefferson City, Missouri 65101 Phone (573) 634-6410 Fax(573) 634-6457 The undersigned hereby petitions the Planning and Zoning Commission and City Counci of thT A%W�A f r D Missouri, for the following amendment to the Zoning Code: ERVICES Zoning Text Amendment (Describe below or attach complete narrative) Article and Section Affected (if applicable) Description of proposed text amendment: VZoning Map Amendment (Rezoning of Real Estate) The undersigned hereby state they are the owners off the following described real estate: Property Address: �/ � W054 9;'$ '�Y' Legal/Property Description (write out or attach as an exhibit): Who petition to rezone the above described real estate from its present classification of i(A district o CnTr�a,erCr a l uf�1 c 4 district. ' lY The Jpl/irpos/e of this rezoning request is to: PS�sr�ljtil 1/h It/ j/{T�L( IIr !'rrl�ln rn l'.l`1`��t lal� 71 T `/F�• T' ALL OWNERS OF REAL PROPERTY PROPOSED TO BE REZONED MUST SIGN THE APPLICATION,AND ALL SIGNATURE MUST BE NOTARIZED. IF ADDITIONAL SIGNATURES ARE NEEDED,P q S ATTACH S� TE SHEETS. it)Seo � �✓�� h Property Own r#1 Name (Jypeorprint) ProWy Owifer Signature Property Owner#2 Name (type or print) Property Owner Signature SubscribAU4(9�&rndVef6i�rl4Pel4 Wl _day of in the year W( Notary PubliciNotary Seal State dfMissouri " t- Callaway County Notary Public igy Commission Expires 3/7/2013 Address of Property Owner#1: JoS-eP6 4,–Na,, bail, /0 Address of Property Owner#2 P Y Phone Number(s): r ' I 573 – 3v-1 –500 i Applicant Information (if different from property owner): Name: Address: Phone Number For City Use Only: Application Filing Fee $200 Payment Received: Cash (Receipt# 1 Check (Copy; check# ) Attachments: Additional sheets or documentation Applicant/Project Information Sheet Location Map Page 1 of 1 .�t'� Q�/^f1061�I CIi1l� 7( y May 6,2002 tft�Lqi BE 1 rf Eg City of Jefferson = _ i \a Eric J. Sfruemph, 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 tva 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. P11006 — 714 and 716 West High Street; Rezoning. Joint Application filed by Douglas and Cynthia Van Camp, property owners of 714 West High Street, and Joseph Bryan, property owner of 716 West High Street, to rezone 0.41 acres from RA-2 High Density Residential to C-O Office Commercial. The property is located on the northern side of West High Street 250 feet west of Bolivar Street and is described as part of Inlots 278 and 279, Jefferson City, Cole County, 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 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:D0 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 OF COMMUNITY DEVELOPMENT �/Lr�G ,!l/lr�lv7 Eric Barron, AICP Senior Planner U t� N" L i ,` v 'r=VE' DPNIC 'T ' I 'Iv 11 "building abellercutTtnuovty:. Jefferson City Planning&Zoning Commission Page 1 Property Owners List Case No. P11006 714 & 716 W. Higln Street July 14, 2011 Gemini Enterprises L LC McKenna, Ryan G 2315 Plymouth Rock Dr Roorda, Jeffrey C Jefferson City, MO 65109 Holsman, Jason R 201 Clay St 3 Briarwood Ln 731 W. Main St Crystal City, MO 63019 723 W. Main St 220 Bolivar St 719 W. Main St Maxsamum Supplies LLC Reagan, Michelle R 21201 S. Belfry Ct 718 W High St Hartsburg, MO 65039 Jefferson City, Me 65101 723 W. High St 718 W. High St Wagers, Vickie D Bryan, Joseph T 222 Bolivar St 716 W High St Jefferson City, MO 65101 Jefferson City, Mo 65101 222 Bolivar St 716 W. High St (Subject Property) Bryan, J T Land Company LLC Van Camp, Douglas L & Cynthia H 304 Bolivar St 1118 Moreau Dr Jefferson City, MO 65101 Jefferson City, Mo 65101 719 W. High St 714 W. High St (Subject Propert)) Schierhoff, Judith A Missouri Local Govermnent Employees 305 Clay St 1913 William St Jefferson City, MO 65101 Jefferson City, MO 65109 305 Clay St 712 W. High St 218 Bolivar St Tichelkamp, Gary W & Linda A 701 W. Main St 919 Country Ridge Dr Jefferson City, MO 65109 Kivett, Florence A 224 Bolivar St 727 W High St. Rear Jefferson City, MO 65101 J S M Rentals LLC 727 W. High St 4619 Henwick Ln Jefferson City, MO 65109 Hager, Dorothy B 213 Clay St 725 W High St Jefferson City, MO 65101 McClure, David Eric & Janet L 725 W. High St 13665 Farm Rd 237 Rogersville, MO 65742 720 W. High St Jefferson City Planning&Zoning Commission Page 2 Property Owners List Case No. Pl 1006 714& 716 W. High Street July 14, 2011 Missouri Academy of Family Physicians 722 W. High St Jefferson City, MO 65101 722 W. High St DeLong, Janice 1202 Glmerine Ave Jefferson City, MO 65101 205 Clay St Bode, Mary L 307 Clay St Jefferson City, MO 65101 307 Clay St Bryan& Sharon Pope 3120 Citadel Court Jefferson City, MO 65109 700 W. High St Svetlana, Kalugina 306 Bolivar St Jefferson City, MO 65101 306 Bolivar St Schrimpf, Steven 2820 Brush Creel: Ct Jefferson City, MO 65109 308 Bolivar St Family Care Associates JC LLC 701 W. High Sheet Jefferson City, MO 65101 701 W. High Street Bryan, Joseph T 304 Bolivar St Jefferson City, MO 65101 304 Bolivar St PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION July 14,2011 Case No. P11006 — 714 and 716 West High Street; Rezoning from RA-2 to C-O. Joint Application filed by Douglas and Cynthia Van Camp, property owners of 714 West High Street, and Joseph Bryan, property owner of 716 West High Street, to rezone 0.41 acres from RA-2 High Density Residential to C-O Office Commercial. The property is located on the northern side of West High Street 250 feet west of Bolivar Street and is described as part of Inlots 278 and 279, Jefferson City,Cole County, Missouri. Nature of Request This request is for the rezoning of two adjacent properties from RA-2 to C-O. One of the properties (714 W. High Street) is currently used as a law office and the other (716 W. High Street) is currently used as a single family residence. The owner of the law office intends to acquire the adjacent house and convert it to an off-ice use. A hallway connection would be constructed between the two structures and the rear parking area of the house is intended to be paved in order to serve the expanded office use. The law office at 716 W. High Street was granted a conditional use permit to operate an office in a RA-2 zoning district on May 1, 1996. While the Zoning Code was revised in 2002 and office uses are no longer a conditional use of the RA-2 zoning district, the existing office can continue to operate under the conditional use pen-nit. The applicant has chosen to propose a rezoning of both properties in order to allow for the expanded office use into the residential house and to unify the zoning designations of the two properties. Zoning History A request to rezone the property at 716 W. High Street from RA-2 to C-O was heard by the Planning and Zoning Commission on April U, 2006. This request had no specific development plan associated with it other than the establishment of potential office space in the existing house. The request received a negative recommendation by the Planning and Zoning Commission. The property at 714 W. High Street received a conditional use permit to operate an office in an RA-2 zoning district from the Board of Adjustment on May 14, 1996. Zoning and Surrounding Land Use Current Zoning: RA-2 Current Use: Commercial Office/ Single Family Residence Requested Zoning: C-O Intended Use: Commercial Office Surrounding Zoning Surrounding Uses North C-1 /RA-2 LAGERS Office/Single Family Residential South RA-2 Medical Office East C-1 Parkin /Commercial Uses/Single Family and Duplex homes West RA-2 Single Family Residential Allowed Uses: Allowed Uses: The C-O Commercial Office zoning district allows for a variety of land uses including offices, day care centers, nursing homes, and banks. Please see the Land Use Matrix in the Zoning Code for a more detailed list of permitted uses. Staff Analvsis Standard checklist for rezoning: Yes No Notes: Complies with Comprehensive Plan X The Comprehensive Plan identifies this property as commercial, and would support the requested commercial rezoning. Has access to necessary utilities X Utilities serve the existing structures. Located outside flood zone X The property does not lie within the 100 year flood lain. Meets district size requirement X There is no minimum size requirement for the C-O zoning district. Planning and Zoning Commission July 14, 2011 Case No. P11006 Page 2 Benefit to City is substantial when compared to X The Comprehensive Plan identifies the area as ideal adverse affects on adjacent property for commercial use. The rezoning would not be a grant of privilege to X The Comprehensive Plan identifies the area as ideal the owner with little or no benefit to the public for commercial use. After rezoning, the allowed uses would be X There are several properties in the area that are compatible with uses allowed in adjacent districts zoned commercially, including the adjacent property to the east and property 70 feet to the west. Several other properties in the area received conditional use ermits to allow for commercial uses. After rezoning, the allowed uses would be X The rezoning of the property would be in line with a compatible with adjacent existing land uses trend of residential structures being converted to commercial uses in the area. This rezoning would continue the commercial development trend in the area and would be in line with the recommendations of the Comprehensive Plan. If not rezoned, the owner would be deprived of use X Adjacent properties and nearby properties in the advantages enjoyed by surrounding owners (reverse area enjoy a commercial use of their property. spot zoning) The requested rezoning would be an expansion of X The adjacent property to the east is zoned C-1 and an existing district this rezoning can be considered a continuation of the commercial zonin trend in the area. Staff Recommendation and Analysis Approve Deny Neutral � X Rezoning Request The Comprehensive Plan Development Plan map currently identifies these two properties as being intended for commercial use. The proposed rezoning would be a continuation of the commercial development trend in the area and is supported by the recommendations of the Comprehensive Plan. Staff recommends approval of the rezoning request. Form of Motion: 1. Approval of the request to rezone the property from RA-2 to C-O.