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Home My Public Portal AboutORD14739 BILL NO. 2010-79 SPONSORED BY COUNCILMAN�/ Struemoh ORDINANCE NO. l ( 5ZI 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 0.05 ACRES FROM RA-2 HIGH DENSITY RESIDENTIAL TO C-1 NEIGHBORHOOD COMMERCIAL FOR PROPERTY ADDRESSED AS 306 CLAY STREET, DESCRIBED AS PART OF INLOT 407, 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-1 Neighborhood Commercial: That part of the following described lot that lies east of the established right of way line for Route 54 in the City of Jefferson, County of Cole, as depicted on MoDOT highway plan sheet 18 for job number 5U 258D 54: The southerly 70 feet of the easterly 52 feet 2 inches of Inlot No. 407, in the City of Jefferson, Missouri, more particularly described as follows: Beginning at the southeasterly corner of said Inlot No. 407, thence westerly along the southerly line thereof, 52 feet 2 inches, thence northerly parallel with the easterly line of said Inlot 70 feet, thence easterly parallel with the southerly line of said Inlot 52 feet 2 inches to the easterly line thereof, thence southerly along said easterly line 70 feet to the point of beginning; containing approximately 0.05 acres. Section 2. This ordinance shall be in full force and effect from and after its passage and approval. Passed: f ,�G � , Approved: VOLE /6 2,910 Prei difig�Offcer Wyor ATTEST: AP VE S TO FORM: �Gity Clerk T^ City Counselor PUBLIC HEARING NOTICE Rezoning—306 Clay Street The City Council of the City of Jefferson, Missouri, will hold a public a hearing on Monday, November 15, 2010 at 6:00 p.m. in the Council Chamber of the John G. Christy Municipal Building, 320 East McCarty Street, to consider rezoning property addressed as 306 Clay Street from RA-2 High Density Residential to C-1 Neighborhood Commercial: Section 1. Property Description: That part of the following described lot that lies east of the established right of way line for Route 54 in the City of Jefferson, County of Cole, as depicted on MoDOT highway plan sheet 18 forjob number 5U 258D 54: The southerly 70 feet of the easterly 52 feet 2 inches of Inlot No. 407, in the City of Jefferson, Missouri, more particularly described as follows: Beginning at the southeasterly corner of said Inlot No. 407, thence westerly along the southerly line thereof, 52 feet 2 inches,thence northerly parallel with the easterly line of said Inlot 70 feet, thence easterly parallel with the southerly line of said Inlot 52 feet 2 inches to the easterly line thereof, thence southerly along said easterly line 70 feet to the point of beginning; containing approximately 0.05 acres. Section 2. Rezoning application. The above described property is proposed to be rezoned from RA-2 High Density Residential to G1 Neighborhood Commercial. Phyllis Powell, City Clerk City of Jefferson, Missouri P.T. - Friday, October 29, 2010 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 EXCERPT OF UN-APPROVED MINUTES JEFFERSON CITY PLANNING AND ZONING COMMISSION October 14, 2010 5:15 p.m. COMMISSION MEMBERS PRESENT ATTENDANCE RECORD Ralph Robinett, Chairman 3 of 3 Jack Deeken 3 of 3 Dean Dutoi 2 of 3 Chris Jordan, Vice Chairman 2 of 3 J. Rick Mihalevich 3 of 3 David Nunn 2 of 3 Scott Stacey 2 of 3 Michael Lester, Alternate 3 of 3 Bunnie Trickey Cotten, Alternate 2 of 2 Dale Vaughan, Alternate 2 of 2 COMMISSION MEMBERS ABSENT Bob George 1 of 3 Chris Yarnell 2 of 3 EX-OFFICIO MEMBERS PRESENT Eric Struemph, City Council Liaison STAFF PRESENT Janice McMillan, Deputy Director of Planning &Transportation Services Eric Barron, Senior Planner Drew Hilpert, Associate City Counselor Anne Stratman, Administrative Assistant New Business—Public Hearings Case No. P10020—306 Clay Street; Rezoning, Application filed by Fred Vant-oo, applicant, on behalf of the Missouri Department of Transportation, property owner, to rezone an area consisting of 0.05 acres from RA-2 High Density Residential to C-1 Neighborhood Commercial. The property is located on the west side of Clay Street approximately 175 feet south of West High Street. The property is described as part of Inlot 407, Jefferson City, Cole County, Missouri. Mr. Barron described the proposal and explained that this rezoning request is for a small tract of land that consists of 0.05 acres. He stated that the property is currently owned by the Missouri Department of Transportation (MoDOT). Mr. Barron explained that MoDOT acquired the property in 1989 in order to acquire necessary right-of-way for highway expansion plans. He stated that the portion of the property addressed by this application is excess right-of-way. Mr. Barron explained that the applicant owns the adjacent property at 801 W. High Street, which was rezoned from RA-2 to C-1 in 2009, and intends to acquire this property from MoDOT. Mr. Frederick VanLoo, 5601 Roling Road, spoke regarding this request and explained that the adjacent property at 801 W. High Street was previously rezoned to commercial because it was not suitable for residential. He stated that the subject property will be used for additional parking for the adjacent property at 801 W. High Street. Mr. VanLoo explained that there is currently a contract on the adjacent property at 801 W. High Street. Mr. Barron explained that it is stated in the staff report that it is the intent of Mr. VanLoo to purchase the subject property and pair it up with the adjacent property at 801 W. High Street. He inquired of Mr. VanLoo whether it is still his intent to purchase the subject property or leave that for the next owner. In response, Mr. Vanl-oo stated that he will leave that for the next owner. He explained that if the purchaser chooses not to purchase the subject property it would remain in MoDOT's hands. Excerpt of Unapproved Minutes/Jefferson City Planning &Zoning Commission Page 2 October 14, 2010 Mr. Ed Silvey, 309 Clay Street, voiced the following concerns regarding this request: 1. Future property owner could put in apartments; 2. Surrounding property owners were not offered the chance to purchase the property, 3. Increase in traffic. He stated that he does not necessarily oppose the rezoning request but just wanted to know what the future plans are for the property. Correspondence in opposition to this request was received from Ms. Mary Bode, 307 Clay Street. In response to Mr. Silvey's concerns, Mr. Barron explained that the transfer of the property is not handled by this Commission or by the City of Jefferson. He stated that would be an arrangement between the potential purchasers and MODOT. Mr. Barron explained that, as the property owner, MoDOT is required to sign the rezoning application. He stated that a separate individual can act as the applicant and actually represent the case in front of this body as a potential buyer. Mr. Barron explained that apartments could have been built prior to rezoning 801 W. High Street to C-1 however apartments are not allowed in the C-1 zoning district. Mr. Barron gave the Planning Division staff report and explained that this rezoning request would be an expansion of an existing C-1 Neighborhood Commercial zoning district and is in conformance with the development plan map of the comprehensive plan. He stated that the subject property is adjacent to Highway 54, which is classified as a freeway/expressway. Mr. Barron explained that the high traffic count of the adjacent.highway and the existence of several other businesses in the area reduce the potential for comfortable use of the property in a residential manner. Mr. Nunn moved and Mr. Lester seconded to recommend approval of rezoning 306 Clay Street from RA-2 to C-1 to the City Council. The motion passed 8-0 with the following votes: Aye: Cotten, Deeken, Dutoi, Jordan, Lester, Nunn, Mihalevich, Stacey City of Jefferson Planning & Zoning Commission LOCATION �.tt" —'�s �� j 1 hp' f � Ili t a fr Ad- 'An LS . '! �i, tjar HIM ! { J9ylrt r�„��s�K! s•�__ JY � � �, +��aL &� '�a'Y'w.�- i �`�"� x,26 N 0 30 60 120 Feet 306 Clay Street W E Rezoning from RA-2 to C-1 S City of Jefferson Planning & Zoning Commission VICINITY / O Q5 �v�CIO, y� h `r y� ti so �� N 306 Clay Street 0 120 240 480 Feet W E Rezoning from RA-2 to C-1 S APPLICATION FOR ZONING ORDINANCE AMENDMENT D LS LS eIvIE: City of Jefferson -Planning Division D Department of Community Development 320 East McCarty Street SEP 8 Jefferson City, Missouri 65101 Phone(573) 634-6410 Fax(573) 634-6457 ,I,R PLANNING AND The undersigned hereby petitions the Planning and Zoning Commission and City Counc T VICES Missouri, for the following amendment to the Zoning Code: -1 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: 306 Clay SAe, e7 - Legal/Property Description (write out or attach as an exhibit): See 4 Who tition to rezone the above described real estate from its present classification of � district to C"/ district. The purpose of this rezoning request is to: (50'w ;"2 Z-DKiHt� (yi�l�", No"e�A 7y err Qt7 /�4 S2ef r--i ALL OWNERS OF REAL PROPERTY PROPOSED TO BE REZONED MUST SIGN THE APPLICATION,AND ALL SIGNATURE MUST BE OTARIZED. IF ADDITIONAL SIGNATURES ARE NEEDED, PLE E ATTACH SFPAR/ TE SHEETS. Propert wner Signature %Sfr%c � Rio.%na¢/ Property Owner#2 Name (type or print) Property Owner Signature Su this +{y_day of w ; s in the year o7Olfl Canmisslmo fa Cds Cm Notary Public My Commisslon Dow:Mav 03, 14 0 79872 �7 Address of Property Owner#1: W19 / � Jir1o•u�% LN✓dz Address of Property Owner#2 C4 Phone Number(s): Applicant Information If different from property owner): Name: F0,6 1GIt ( LIAA/ LOO Address: ,j-Cep t X?Oti /A/!,- RD 6 0 Phone umber SJ 3 �, S'- %/01,' For City Use Only: Application Filing Fee $20G Payment Received: Cash (Receipt # ) Check (Copy, check # ) Attachments: Additional sheets or documentation Applicant/Project Information Sheet Location Map Page 1 or 1 May 6.2002 Preliminary Legal Description That part of the lot described below that lies east of the established right of way line for Route 54 in the City of Jefferson, County of Cole, as depicted on the attached highway plan3 sheet 18 for job number 5U 258D 54. Exact legal description will be furnished when this part is surveyed by a licensed surveyor. The s=Lhe''ly 70 feet of the asterly 52 --F--+- 2 in^,hes of Inlot Ib. 407, 'in the City of JeffaTson, Missouri, m7 a paL-'=ularly3es=ice as follcws: ��^inning at the sooty �s`L.P=ly c=er of. said Snlot Na. M,,-thence wai_erly al a::. the southerly lino tri -eDf, 52 feet 2 inches, macaw n.=-==� y mzralllelv i-th:-thazw-- east° -1y li-n of said slot 70 fit, _ — easterly _r a1W wi±h the-southerly lim of said inlot 52 feet 2 in:2- to the eeste-rly'tin ttareof, then-- southerly along said easterly, line 7D feat to the point of he,3inrL nga I _ 169MH1NQ6'JO 15NJ AEG ONa hlll/ON LGO .. I. 1MOA d 1y 6aNJ LNDIN]TOHdWI TJtl343�' y .� Z6 'G 133fOHd aN3 O•VJ V16 f' I _1 1�yl _ 1 p 0 /1 I f ° J P - Fj 11 r All i IN/N I ' `! ��Jj'y')I ,I W a `rI f N C��I 03 Iv91 YsJYA_ 01 7,F !,IJI i wi o! IlY `• aJ JL -1 vvi JL 1 w U� '§ w rRl •. w^ 1 R •e �,, r�y U o V I. ![� 1 o v EL -'N I OZ«OI O W � Iif 98 O-h al 1 + 3, =-1—J I , L dl �t=�J E�� 3a�+•3 y��_ o c y�l.J 0 M1 1 I I \\ y .; - �',7 �i•S�jµv.R a❑� m dd l� ° 5 rj �•. I d I, NLIIOG pG l tl0] ! a ( ddd��iTM S ON 13316 Q 339 ti T . O�x OF 1 rt4 ly'� l04 City of Jefferson John Landwehr Mayor Department of Community Development Charles D. Lansford, Interim Director 320 East McCarty Street _ Phone. (573)634-6410 Jefferson City, Missouri 65101 25 Fax: (573)634-6457 September 30, 2010 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 14, 2010 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. P10020 — 306 Clay Street; Rezoning. Application filed by Fred VanLoo, applicant, on behalf of the Missouri Department of Transportation, property owner, to rezone an area consisting of 0.05 acres from RA-2 High Density Residential to C-1 Neighborhood Commercial. The property is located on the west side of Clay Street approximately 175 feet south of West High Street. The property is described as part of Inlot 407, 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 November 15, 2010. 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 COMMUNfTY DEVELOPMENT Jefferson City Planning& Zoning Commission Page I Property Owner List Case No. P 10020 306 Clay Street October 14, 3010 Binkley, Virginia P Eubank, Timothy B & Lisa S 1214 Dogwood Dr 229 Hunters Run Rd Jefferson City, MO 65109 Jefferson City, MO 65109 803 W. High St 800 W. High St A - OK Sales and Rentals Inc McClure, David Eric & Janet L 624 Shawnee Rd 13665 Fann Rd 237 Kansas City, KS 66103 Rogersville, MO 65742 801 W. High St 720 W. High St Kivett, Florence A Missouri Academy of Family Physicians 727 W. High St, Rear 722 W. High St Jefferson City, MO 65101 .lefferson City, MO 65101 727 W. High St 722 W. High St Lisa Cavendar Roger Schwartze Division of Facilities Management MO Flwy & Transportation Comm Design & Construction Leasing Section PO Box 718 PO Box 809 Jefferson City, Mo 65102 Jefferson City, MO 65102 217 Fulkerson St 306 Clay St (Subject Properh) Throneberry, Thomas G & Billye S Hager, Dorothy B 802 W. High St 725 W. High St Jefferson City, MO 65101 .Jefferson City, MO 65101 802 W. High St 725 W. High St Missouri American Water Co Maxsamum Supplies L L C D/B/A JC Water Works 21201 S. Belfiy Ct 727 Craig Rd 1-lartsburg, MO 65039 St Louis, MO 63141 723 W. High St 219 Brooks St Bryan, J T Land Company L L C Family Care Associates J C, L L C 304 Bolivar St 701 W. High St Jefferson City, MO 65101 Jefferson City, MO 65101 719 W. High St 701 W. High St Schierhoff, Judith A Bode, Mary L 305 Clay St 307 Clay St Jefferson City, MO 65101 Jefferson City, MO 65101 305 Clay St 307 Clay St 309 Clay St .Jefferson City Planning & Zoning Commission Page 3 Properly Owner List Case No. 1310030 306 Clay Street October 14,2010 McClure, Matthew Absolute Hospitality L L C 311 Clay St 904 W. Main St .Jefferson City, MO 65101 Jefferson City, MO 65109 31 1 Clay St 308 Fulkerson St Gilstrap Properties L L C Riback Holding & Investment Assn 4606 Shepherd ]-tills Rd PO Box 937 Jefferson City, MO 65101 Columbia, MO 65201 720 W. McCarty St 912 W McCarty St Pleus Auto Properties Llc Capital Area Investments L L C PO Box 441 PO Box 6713 Jefferson City, MO 65102 Jefferson City, MO 65102 730 W McCarty St 310 Fulkerson St Newquist, Peter & Mary Gant Luebbering, Norbert H & Vera L & 614 Hobbs Rd Lawrence S & Mary J Jefferson City, MO 65109 4615 Flenwick Ln 718 W. McCarty St Jefferson City, MO 65109 312 Fulkerson St Duncan, Viola Joyce Bates, Jenny Lavema Zu nwalt, James K 915 W. High St PO Box 105792 Jefferson City, MO 65109 Jefferson City, MO 65110 915 W. High St 900 W. McCarty St Ward, Evelyn Missouri American Water Ward, Paul D 906 W. High St 1915 Whitney Woods Dr Jefferson City, MO 65109 Jefferson City, MO 65101 219 Brooks St 913 W. High St Lyme, Patrick A & Becky K 1212 Elmerine Ave Jefferson City, MO 65101 903 W. High St Active Endeavors L L C 901 W. High St Jefferson City, MO 65109 901 W. High St PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION October 14,2010 Case No. P10020 — 306 Clay Street; Rezoning. Application filed by Fred VanLoo, applicant, on behalf of the Missouri Department of Transportation, property owner, to rezone an area consisting of 0.05 acres from RA-2 High Density Residential to C-1 Neighborhood Commercial. The property is located on the west side of Clay Street approximately 175 feet south of West High Street. The property is described as part of Inlet 407, Jefferson City, Cole County, Missouri. Nature of Reuuest This rezoning request is for a small tract of land that consists of 0.05 acres. The property is currently owned by the Missouri Department of Transportation (MoDOT). MoDOT acquired the property in 1989 in order to acquire necessary right-of-way for highway expansion plans. The portion of the property addressed by this application is excess right-of-way. The applicant owns the adjacent property at 801 W. High Street, which was rezoned from RA- 2 to C-1 in 2009, and intends to acquire this property from MoDOT. Zoning and Surrounding Land Use Current Zoning: RA-2 Current Use: Vacant Requested Zoning: C-I Intended Use: Commercial Surrounding Zoning Surrounding Uses North C-1 Single Family Residence South N/A Highway Right-of-way East C-2/RA-2 Beauty Salon/Single Famil Homes West N/A Highway Right-of-may Allowed Uses: The C-1 Neighborhood Commercial zoning district allows for a variety of land uses including day care centers, hotel/motel (less than 50,000 sq. ft.), offices, banks, restaurants, drive through restaurants, general retail, and personal services. (please see exhibit 35-28 of the zoning code for a complete list of authorized uses) Staff Anal sis Standard checklist for rezoning: Yes No Notes: Complies with Comprehensive Plan X The development plan map of the comprehensive plan identifies this area as being suitable for commercial development. Has access to necessary utilities X Necessary utilities exist in the area. Located outside flood zone X The property does not lie within the 100 year floe lain. Meets district size requirement X While not meeting the technical requirement of a minimum district size of one acre, the proposed rezoning would be an expansion of the C-1 zoning for the adjacent property. Commercial districts do not receive primary access X Access to the property is off of Clay Street, which from local street abutting residential district serves as access to another commercial business in the area and commercial zoning to the south. Benefit to City is substantial when compared to X The city would benefit from the development of the adverse affects on adjacent property property in a commercial manner. The rezoning would not be a grant of privilege to X The public would benefit from further commercial the owner with little or no benefit to the ublic _ develo ment in the area. After rezoning, the allowed uses would be I X The property is adjacent to a C-1 district and several compatible with uses allowed in adjacent districts other properties in the area are commercially zoned. Planning and Zoning Commission October 14, 2010 Case No. P10020 Page 2. After rezoning, the allowed uses would be X While residential uses exist in the vicinity of this- compatible with adjacent existing land uses property,there are several commercial businesses in the area and the property is adjacent to a major highway. If not rezoned, the owner would be deprived of use X Several properties in the area are currently usedas advantages enjoyed by surrounding owners commercial businesses. (reverse spot zoning) The requested rezoning would be an expansion of X The requested zoning would be an expansion of an existing district adjacent C-1 zoning district. Approve Deny Neutral Staff Recommendation X Staff Recommendation Rezoning Request: This rezoning request would be an expansion of an existing C-I Neighborhood Commercial zoning district and is in conformance with the development plan map of the comprehensive plan. The property is adjacent to Highway 54, which is classified as a freeway/expressway and has an average daily traffic volume of over 49,000 vehicles. The high traffic count of the adjacent highway and the existence of several other businesses in the area reduce the potential for comfortable use of the property in a residential manner. Staff recommends approval of the requested rezoning. Staff recommends the following: 1. Approval of the request to rezone the property from RA-2 to C-1. PLANNING & ZONING COMMISSION CORRESPONDENCE RECEIVED Case No. P10020 306 Clay Street October 14, 2010 Sender Senders Address How Received Date Received Mary Bode 307 Clay St Fax 10/14/2010 CACSA 573 636 6954 10/14"10 10:12am P. 001 , October 14, 2010 City of Jefferson Planning and Zoning Commission Case No. P 10020 Fax 634-6457 Dear Commission Members: I own and live in property located at 307 Clay Street that is directly across from 306 Clay Street. f would like an explanationas to why this property needs to be rezoned. At this point in time I am opposed to the rezoning of 306 Clay Street. f think that rezoning this could increase traffic volume in this area. This portion of Clay Street is a dead-end with an alley that already has a high flow of traffic. I would hope that before you act on this proposed rezoning you would consider doing a traffic count on this part of Clay Street and Wall Way between Clay Street and Bolivar Street. Sincerely, 1 Mary Bode 307 Clay St. Jefferson City, A/10 65101