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HomeMy Public PortalAboutORD14796 BILL NO. 2011-10 SPONSORED BY COUNCILMAN `` Schulte ORDINANCE NO. ) 41 6� (/> AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PRELIMINARY AND FINAL PUD PLAN FOR PROPERTY LOCATED AT 613 BROADWAY STREET; DESCRIBED AS PART OF INLOTS 795 AND 796, JEFFERSON CITY, COLE COUNTY, MISSOURI. WHEREAS, Rosemary J. Long, owner of the real estate hereinafter described, having submitted to the City Council a Preliminary and Final PUD Plan of said real estate, being located in Jefferson City, Cole County, Missouri, and being described as follows: The southerly 69 feet 4 '/z inches of Inlots 795 and 796 in the City of Jefferson, Missouri, described as follows: Beginning at the southwesterly corner of Inlot 795; thence northerly along Broadway 69 feet 4 '/z inches; thence easterly parallel with Elm Street 208 feet and 9 inches; thence southerly parallel with Broadway 69 feet 4 '/z inches to a public alley; thence westerly with the northerly line of said alley 208 feet and 9 inches to beginning. Containing approximately 0.34 acres. WHEREAS, it appears that the procedures set forth in the zoning code relating to Preliminary and Final PUD Plans have in all matters been complied with, as said property owner submitted to the Planning and Zoning Commission and City Council a Preliminary and Final PUD Plan for the above referenced property. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: SECTION 1. The Preliminary and Final PUD Plan submitted by Rosemary J. Long, on file as Case No. P11002 in the Jefferson City Planning Division is hereby approved for the land referenced above with the following conditions: A. Allowed total sign area on the property shall be limited to 8 square feet. Signs shall be attached to the walls near the entrances. B. A minimum of nine parking spaces shall be provided to serve the property. SECTION 2. The underlying zoning district shall be RA-2 High Density Residential for the purposes of establishing allowed uses with the addition of day care center with a maximum of 30 children in-care as an allowed use. SECTION 3. Common Areas and Public Land. No common areas are proposed and no lands are dedicated to public use with this PUD Plan. SECTION 4. This ordinance shall be in full force and effect from and after the date of its passage and approval. / ( � Passed: )111 Gt�� �� ����j Approved: Presiding"Officer Mayor C/ ATTEST: APPtROO/ ED j EVO FORM: / ity Clerk City Counselor EXCERPT OF UN-APPROVED MINUTES JEFFERSON CITY PLANNING AND ZONING COMMISSION April 14, 2011 5:15 p.m. COMMISSION MEMBERS PRESENT ATTENDANCE RECORD Ralph Robinett, Chairman 9 of 9 Jack Deeken 9 of 9 Chris Jordan, Vice Chairman 8 of 9 J. Rick Mihalevich 9 of 9 David Nunn 7 of 9 Scott Stacey* 6 of 9 Bunnie Trickey Cotten, Alternate 7 of 8 Michael Lester, Alternate 7 of 8 Dale Vaughan, Alternate 8 of 8 *Arrived late COMMISSION MEMBERS ABSENT Dean Dutoi 6 of 9 Bob George 5 of 9 Chris Yarnell 6 of 9 EX-OFFICIO MEMBERS ABSENT Eric Struemph, City Council Liaison STAFF PRESENT Janice McMillan, Deputy Director of Planning & Transportation Services Eric Barron, Senior Planner David Bange, Engineering Division Director Ron Davenport, Building Regulations Division Director Anne Stratman, Administrative Assistant New Business/Public Hearings Case No. P11002 — 613 Broadway; Rezoning and Preliminary and Final PUD Plan. Application filed by Rosemary Long, property owner, to rezone 0.34 acres from RA-2 to PUD and a Preliminary and Final PUD Plan to operate two day care centers serving a total of 30 children and an attached single family residence. The property is currently in use as a single day care center serving 20 children with an attached single family residence. The property is located on the northeast corner of Broadway Street and West Cedar Way and is described as part of Inlots 795 and 796, Jefferson City, Missouri. Mr. Barron described the proposal and explained that the daycare center was originally established through a conditional use permit approved by the Board of Adjustment in 2000. He stated that the current daycare center is separated from the residential portion of the building where the owner will continue to reside. Mr. Barron explained that the property owner wants to allow for a second daycare center for 10 children that would be located in a portion of the building that is currently being used as storage. He stated that because the current zoning code does not permit an expansion of the daycare use on the property, the owner has elected to pursue a rezoning of the property from RA-2 to PUD and a PUD plan that would allow for the mixed residential/daycare use. Mr. Barron explained that a seven space parking lot currently serves the property. He stated that an analysis of the parking situation for the property showed that the available on-site parking is fully utilized by the existing daycare and an increase in the number of children being served will necessitate an increase in the number of parking spaces from seven to nine in order to accommodate the expanded use. Mr. Barron explained that based on the surrounding zoning and intended use of the property, the most appropriate underlying zoning is RA-2. He stated that the current signage is sufficient and no increase has been proposed. Ms. Amy Long, 366 County Road 394, Hartsburg, Missouri, spoke regarding this request and explained that she will be running the second daycare. She stated that it is her intent to open a preschool program for the 3-5 year olds. Ms. Long explained that the staffing requirement is 10 children per staff member. Excerpt of Unapproved Minutes/Jefferson City Planning &Zoning Commission Page 2 April 14, 2011 Ms. Rosemary Long, 613 Broadway Street, spoke regarding this request and explained that two additional parking spaces are reasonable. In response to the Carpenters Union concerns of daycare patrons parking in their lot, Ms. Long explained that she has asked parents to not park in those spaces. She stated that there is adequate space to put in additional parking spaces if necessary. No one spoke in opposition to this request. Correspondence was received from the following individuals: Walter Schroeder, President, Old Munichburg Association, PO Box 105806 United Brotherhood of Carpenters and Joiners of America, 230 W. Dunklin Street Mr. Barron gave the Planning Division staff report. Ms. Rosemary Long stated that she concurs with staff comments and recommendations. Mr. Nunn moved and Mr. Jordan seconded to recommend approval of rezoning 613 Broadway Street from RA-2 to PUD, to the City Council. The motion passed 8-0 with the following votes: Aye: Cotten, Deeken, Jordan, Nunn, Lester, Mihalevich, Stacey, Vaughan Mr. Nunn moved and Mr. Stacey seconded to recommend approval of the Preliminary and Final PUD Plan for 613 Broadway Street, to the City Council, subject to the following conditions: a. The underlying zoning for the purpose of establishing allowed uses shall be RA-2 with the addition of day care center with a maximum of 30 children in-care as an allowed use. b. Allowed signage shall be limited to 8 square feet, which shall be attached to the walls near the entrances. c. A minimum of nine parking spaces shall be provided to serve the property. The motion passed 8-0 with the following votes: Aye: Cotten, Deeken, Jordan, Nunn, Lester, Mihalevich, Stacey, Vaughan -RE VISED - PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND Z ONING COMMISSION April 14,2011 Case No.P1 1002—613 Broadway;Rezoning and Preliminary and Final PUD Plan. Application filed by Rosemary Long, property owner, to rezone 0.34 acres from RA-2 to PUD and a Preliminary and Final PUD Plan to operate two day care centers serving atotal of 30 children and an attached single family residence. The property is currently in use as a single day care center serving 20 children with an attached single family residence. The property is located on the northeast corner of Broadway Street and West Cedar Way and is described as part of Inlots 795 and 796,Jefferson City, Missouri. 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 located on the east side of Broadway Street 250 feet north of Dunklin Street. Nature of Request The property owner has lived and operated a daycare center for 20 children at this location since 2000. The daycare center was originally established through a conditional use permit that was approved by the Board of Adjustment. Daycare uses were allowed as a conditional use of the RA-2 zoning district prior to adoption of the new zoning code in 2002. The current daycare center is separated from the residential portion of the building where the owner lives. The property owner wants to allow for a second daycare center for 10 children that would be operated by her daughter. The second daycare would be located in a portion of the building that is currently being used as storage. The two daycare centers would be physically separated within the building, but would utilize the same outdoor play area and parking area. The owner would continue to live in the residential portion of the building. Because the current zoning does not pen-nit an expansion of the daycare use on the property, the owner has elected to pursue a rezoning of the property from RA-2 to PUD and a PUD plan that would allow farthe mixed residential/daycare use. Staff Analvsis Permitted Uses. The property owner intends to use the existing building as two separate daycare centers with attached residence. Based on the surrounding zoning and intended use of the property, the most appropriate underlying zoning is RA-2 with the addition of Daycare Center with a maximum of 30 children in care as an allowed use. Parking. A seven space parking lot currently serves the property. No increase in parking spaces is proposed. An analysis of the parking situation for the property done by planning division staff showed that the available on-site parking is fully utilized by the existing daycare, and an increase in the number of children being served will necessitate an increase in the number of parking spaces in order to accommodate the expanded use. Two additional parking spaces should accommodate the increase of 10 children. Siartaee. The conditional use permit that originally approved the daycare use allowed for 8 square feet ofsignage to be attached to the walls near the entrances. No increase in signage area is proposed. Staff Recommendation This property has a history of being used as a daycare with attached residence and the site is arranged for a commercial daycare use. The property is located adjacent to existing commercially zoned property and there are several commercial uses fronting on Broadway. A mixed residential/daycare use and an increase in the number of children in care would not have a significant land use impact on the area. Staff recommends approval of the rezoning and proposed PUD Plan. Form of Motion: 1. Approval of the request to rezone the property from RA-2 to PUD. 2. Approval of the proposed Preliminary and Final PUD Plan with the following conditions: a. The underlying zoning for the purpose of establishing allowed uses shall be RA-2 with the addition of day care center with a maximum of 30 children in-care as an allowed use. b. Allowed signage shall be limited to 8 square feet, which shall be attached to the walls near the entrances. c. A minimum of nine parking spaces shall be provided to serve the property. City of Jefferson Planning & Zoning Commission LOCATION ,M a5 1 i 3 t lilt }. t ti �3� � sss : �. ilf it ve{��xkr c tr{.�,y i 3� t✓i�4.'}tl .k ,,�i 14 iir�, {' F��j`, ts{ -�" t1 A- x¢ x 3 st 1'� I,S �� - I CxFI §$g rF In�i t ! r ^s W t k¢r f id q ro z" R2ty � lr ,8(,{AI+��.�'° ,n A.p,J �d !, j♦ � ! f 1�. t siv£ r 1 � vl. .. a 3 J,Y „5 ` 11!' rem WA ��' u d Ut�'4r 1'lir +- y-r �' rtlr �� S Lr t�tl i � +{r 61, st' ri - 7 '�A r"1 i � (�'r1{r iYr�lii� f1n"'CIS ttnv F� r .n a I�ejr`G 11 . �r * l+ 7 :�n n ss I r w.'� tt �'h2s,t�G r� 4"r•' —t'y t`r� r {is (t .w .1111,; + y 4ri �'Inl >• t jAa � 1'd ,a t< � �{N��� fst I'iutl sc � t � 4"t b 6q, i', 'ttir � "� "7` r � zf� •f� a< '" i ny �C#�1 Ji r ,�3! t t 3Cr a• i lu I{t �l '4 I a^� P���' Y7}���� r4. all 1 ,^t f�>,y�3 y �L3,�.� 1 �f l�li, {t X9'1}: � t �1F r,. 1 tM spa } c-I 1 t srt��i t��aMr jvow" t +1 urz , �xt��Hr f' 't 1 i ��t c 1 i .F r,' r { 1 1 i c { ✓ � r w Irl uW iyS } al,� . di'I,1 rw7 s�v � kit'*-S� vi�-� _. }�r"��(x5 p� t�'' i n :-• �'�'>: 4 0 20 40 80 Feet /N��} 613 Broadway Street W PE s� Preliminary and Final PUD Plan City of Jefferson Planning & Zoning Commission VICINITY ly ; v OQp��� ` ✓ F v r , vy / F ti Jy N 613 Broadway Street o so 160 320 Feet w ® e Preliminary and Final PUD Plan s APPLICATION FOR PLANNED UNIT DEVELOPMENT (PUD) 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 O Concept PUD Plan p ! Preliminary PUD Site Plan (where rezoning of land is not required) Z Rezoning Plan and Preliminary PUD Plan ( a Rezoning Application must also be submitted) O Final PUD Plan and Subdivision Project Name: S O_G lnt 7 d. LO Project Address: ( � t f-QfC ' Project Name: Please attach or include the following: (a) Typed project narrative describing the type of development and development character, including land uses, acreage, proposed residential densities or FAR; amenities to be provided, public or private recreation areas and open space; sidewalks, greenways and other pedestrian ways; parking areas; deviations from minimum design standards of Section 35-26, and other information required by Section 35-73 or applicable sections of the Zoning Code. The project title and location must be included upon every page; pages and attachments must be numbered. Do not bind copies supplied for initial staff review. (b) Site Plan or Development Plan, as applicable. (c) Preliminary Subdivision Plat or Final Subdivision Plat if the land will be divided into lots, or the Declaration of Condominium, as applicable, (d) Draft of Homeowners or Property Owners Association bylaws, and restrictive covenants, (e) Traffic impact analysis, if required by Section 35-60; (f) Signage plan, including locations and dimensions of all proposed signage, (g) Project phasing plan, if applicable; (h) Filing fees Please supply four(4) copies of all required material for initial staff review.Additional copies shall be required for distribution to the Planning and Zoning Commission and City Council, in the number as specified by staff. Applicant Information: ` Property Owner Name: �7,7SP YY\ CA� Address 0 1 aL y tD Phone Number(s): ( S T� =�Z Consultant (Attach Project/Applicant Information Sheet if more space is necessary) Name: Address: Phone Number(s): The attached information accurately represents this proposed project. z,<zv t 4 rut _ � -ev, �-LML -, E Property Owner Sig lure Printed Name Dat Consultant or Representative Printed Name Date For Staff Use Only: Application Filing Fee Received: Cash (Receipt# ) Check(check# ) Attachments: _Narrative _Map —Applicant/Project Information Sheet Note other information submitted.- Instructions for Filing PUD Applications Page 7 of 7 PUD Plan Proposal 613 Broadway Street Rosemary Long This property is currently being used as a daycare center serving 20 kids and an attached single family residence. A lower level of the building is currently used as storage. This daycare center originally received approval through a conditional use permit approved by the Board of Adjustment in 2000. This PUD plan proposes to rezone the property to PUD and convert the lower level of the building from storage to a separate daycare center serving 10 children. The existing daycare serving 20 children would operate separately from the new daycare. The existing playground area and parking lot will serve both daycare centers. The single family residential unit will remain. Signage on the property is proposed as the same approved in the original conditional use permit, which is a total of eight (8) square feet of signage to be attached to the walls near the entrances. Hours of operation are proposed as the same as the original conditional use permit, which is 6:30 A.M. to 5:30 P.M. Monday through Friday. Qa az a a (>( Q-,u _3 Rosemary Lon Date c\t� or j qty 4�4 r04 "s John Landwehr City of Jefferson .= t _ Mayor Department of Community Development Charles D. Lansford, Interim Director 320 East McCarty Street Phone. (57;7 634 1)410 Jefferson City, Missouri 65 10 1 75 Fax (573) 634-6457 March 31, 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, April 14, 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. P11002 — 613 Broadway; Rezoning and Preliminary and Final PUD Plan. Application filed by Rosemary Long, property owner, to rezone 0.34 acres from RA-2 to PUD and a Preliminary and Final PUD Plan to operate two day care centers serving a total of 30 children and an attached single family residence. The property is currently in use as a single day care center serving 20 children with an attached single family residence. The property is located on the northeast corner of Broadway Street and West Cedar Way and is described as part of Inlots 795 and 796, 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 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 May 16, 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 e City 1'f Illl All\1 ,; 1r1�ItL fersu II COMMUNITY DEVELOPMENT wt .Icfferson City Planning & zoning Commission Page I Property Owners List Case No. PI 1002 613 Broadway Street April 14, 201 1 Ivlahlood, Kathleen A Freeman, D Robed 7311 Northshore Dr Branch, Rita llartsburg, MO 65039 602 Washington St 305 W. Dunklin St Jefferson City, MO 65101 307 W. Cedar Wav 211 W. Elm St 209 W. Elm St Carpenters Union No. 945 207 W. Elm St 230 W. Dunklin St 602 Washimton St .Icfferson City, MO 65101 604 Washington St 230 W. Dunklin St Green, Danny.) & Kathleen A Green Industries Inc PO Box 104656 PO Box 104656 Jefferson City, MO 65110 Jefferson City, MO 651 10 609 Broadway St 215 W. Elm St 607 Broadway St Long, Rosemary.1 601 Broadway St 613 Broadway 21 I W. Cedar Way Jefferson City, M 65101 613 Broadway St (Suhjecr Properh) Mid Ohio Securities EBO Richard S Groner IRA Kuster, Cecil W & Marian F 1301 E. high St PO Box 107 Jefferson City. MO 65101 Linn, MO 65051 208 W. Elm St 200 W. Dunklin St 210 W. Elm St 212 W. Elm St Peters, Victoria L Williams, Nicole L Hopkins, Tommy D & Rose Marie 1 12 W. Atchison St 1 102 Tanya Lynn Dr Jefferson City, NIO 05101 Jefferson City, MO 65109 612 Washington St 210 W. Dunldin St Eichholz, Allen C & Diana L Teubner, Daniel G & 1401 Bald Hill Rd Burton, Tina R Jefferson City, MO 65101 1525 Fox Moor Ct 212 W. Dunldin St Jefferson City, MO 65109 218 W. Dunklin St 606 Washington St Gilstrap, .Ion R Gaeke, Bryan II & Karen S 4606 Shepherd I tills Rd 4205 Darin Dr Jefferson City, MO 65101 Jefferson City, MO 65109 312 W. Elm St 608 Washington St 307 W. Elm St 610 Washington St 600 Broadway St 610 Broadway St Green, Danny .I & Kathleen A 3 IDS Hunt Ridge Rd Prenger, Michael W S-, Janice I, Trustees .lefferson City, MO 65109 902 Tanya Lynn Dr 213 W. Elm St Jefferson City, MO 65109 220 W. Elm St 516 Broadway St leflcl-son City Planning Sr Zoning Commission Page 2 Property Owners List Case No. P1 1002 613 Broadway Sheet April 14, 201 1 Past, Stanley P S Melva NI BI-e5I0I-. Ja11)e3 J & Bradley J, Trustees 630 Broadway 2413 Cheryl Dr .leflerson City, MO 65101 leflerson City, MO 65109 630 Broadway St 215 W_ Elm SI Reed, Daniel Groner, Richard S 6115 Broadway D/B/A Grol Im I .Iel Jerson Cily, MO 65101 435 Cedar Creck CI 605 Broadway St Icfferson City, MO 65101 214 W. Elm St Green Industries Inc 3108 1 hint Ridgc Rd Nlecks, Thomas R & Nina L. Jcllcrson City, MU 65109 400 \Voodlmvn Ave 612 Broadway St Jefferson City, MO 6S 101 222 W. Dunklin St Holt, .Janet Sue 1950 County Rd 382 Ilallum, Kenneth E Ilolls Summit, MO 65043 20S W. Cedar Way 616 Broadway St Jefferson City, MO 65101 207 W. Cedar Way Johnson, Lany R PO Box 1424 Walter A. Schroeder, President Ic(Terson City, MO 65102 Old Munichburg Association 307 W. Cedar Way 2705 Isherwood Drivc Columbia, MO 65202 Schaefer, Patrick H & .Jeannine Schaefer, Joseph L &.Joyce A 3103 Cedar Bend Rd ell"e son City, MO 65109 618 Broadway St "fanner HOUse L L C 630 Broadway .1CAcrson City. MO 65101 620 Broadway St Dunkmann, James K &Jayne A 13624 Notihview Dr HDlts Summit, MO 65043 51S Broadway St Schroeder, Julianna M Ferber, Susan K 224 W. Elm St .leflerson City, MO 65101 224 W. Elm St