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HomeMy Public PortalAboutORD14685 BILL NO. 2010-25 SPONSORED BY COUNCILMAN Struemoh ORDINANCE NO. I Ll ( Y AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING, AMENDING, AND MODIFYING THE ZONING MAP OF THE ZONING CODE OF THE CITY OF JEFFERSON, BY REZONING 1.12 ACRES FROM RS-4 MEDIUM DENSITY RESIDENTIAL AND C-2 GENERAL COMMERCIAL TO C-1 NEIGHBORHOOD COMMERCIAL, FOR LAND ADDRESSED AS 1505 EAST HIGH STREET,AND ENDORSING AN AMENDMENT OF THE DEVELOPMENT PLAN MAP OF THE COMPREHENSIVE PLAN TO REFLECT SUCH CHANGE. WHEREAS, It appears that the procedures set forth in the zoning code relating to zoning have in all matters been complied with; and WHEREAS, The zoning ordinance requires consistency between the comprehensive plan and the zoning map and the proposed zoning change would necessitate a change to the Comprehensive Plan Development Plan Map. 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 C-2 General Commercial to C-1 Neighborhood Commercial: Part of Outiot 72 in the City of Jefferson, Missouri, particularly described as follows: Beginning at a point on the southerly line of said Outlot 72, which said point is 3471/2 feet easterly from the southwesterly corner of a tract land conveyed by James L. Minor to Simon Wulser as shown of record in Book "W" at Page 91, Cole County Recorder's Office; thence from said point of beginning North 25 Degrees 12 Minutes East(Magnetic) 150 feet,more or less,to the zoning boundary line;thence easterly along the zoning boundary line 110 feet, more or less,to a point on the northwest corner of Lot 2 of Lincoln Subdivision; thence South 25 Degrees 12 Minutes West, 150 feet, more or less,to the northerly line of High Street;thence westerly along the northerly line of High Street 110 feet to the point of beginning. Except that part conveyed to the State of Missouri, by deed dated February 15, 1927 of record in Book 65, Page 410, Cole County Recorder's Records. Containing approximately 0.35 acres. Section 2. The following described real estate is rezoned from RS-4 Medium Density Residential to C-1 Neighborhood Commercial: Part of Outlot 72 in the City of Jefferson, Missouri, particularly described as follows: From at a point on the southerly line of said Outlot 72, which said point is 347 '/2 feet easterly from the southwesterly corner of a tract land conveyed by James L. Minor to Simon W ulser as shown of record in Book"W"at Page 91, Cole County Recorder's Office;thence from said point North 25 Degrees 12 Minutes East (Magnetic) 150 feet, more or less, to the zoning boundary line and the point of beginning; thence from said point of beginning North 25 Degrees 12 Minutes East(Magnetic)305 feet to a point in the middle of a ravine;thence easterly with said ravine to a point which if measured at right angle with above mentioned 455 foot line would be 110 feet easterly thereof;thence South 25 Degrees 12 Minutes West, 305 feet, more or less,to a point on the northwest corner of Lot 2 of Lincoln Subdivision;thence westerly along the zoning boundary line 110 feet, more or less, to the point of beginning. Containing approximately 0.77 acres. Section 3. An amendment to the Comprehensive Plan Development Plan Map is hereby endorsed to show the area described in Section 2 as Commercial. —1— Section 4. This ordinance shall be in full force and effect from and after its passage and approval. 99� Passed: j , Approved-c �-Ad Presiding I f ffd,fe r Mari ATTEST: APPROVED TO FORM: City Clerk City ounselor —2— EXCERPT OF UN-APPROVED MINUTES JEFFERSON CITY PLANNING AND ZONING COMMISSION May 13, 2010 5:15 p.m. COMMISSION MEMBERS PRESENT ATTENDANCE RECORD Randy Bickel 8 of 12 Bob George 8 of 12 Chris Jordan, Vice Chairman 10 of 12 J. Rick Mihalevich 11 of 12 John Lake 7 of 12 David Nunn 10 of 12 Chris Yarnell 10 of 12 Scott Stacey, Alternate 10 of 12 Michael Lester, Alternate 5 of 5 COMMISSION MEMBERS ABSENT Jack Deeken 8 of 12 Dean Dutoi, Alternate 4 of 9 Ralph Robinett, Chairman 11 of 12 EX-OFFICIO MEMBERS PRESENT Eric Struemph, City Council Liaison STAFF PRESENT Charles Lansford, Assistant to the Director of Community Development Eric Barron, Senior Planner Drew Hilpert, Associate City Counselor Anne Stratman, Administrative Assistant New Business— Public Hearings Case No. P10013 — 1505 E. High Street; Rezoning and Comprehensive Plan Amendment. Request filed by CTG Properties, property owner, Thomas and Carla Gredell, authorized representatives, for the following: 1. To rezone approximately 0.77 acres from RS-4 Medium Density Residential to C-1 Neighborhood Commercial; and, 2. To rezone approximately 0.35 acres from C-2 General Commercial to C-1 Neighborhood Commercial; and, 3. An amendment to the Development Plan Map of the Comprehensive Plan to change the designation of approximately 0.77 acres from medium density residential to commercial. The property is generally located on the north side of E. High Street approximately 150 feet west of Lincoln Street and is described as part of Outlot 72, Jefferson City, Missouri. (Gredell Engineering Resources, Consultant) Mr. Barron described the proposal and explained that this request is for a property consisting of 1.12 acres and currently used as a professional business office for Gredell Engineering. He stated that the property is split by a zoning boundary line with the front portion of the property being zoned C-2 General Commercial and the rear of the property being zoned RS-4 Single Family Residential. Mr. Barron explained that the purpose of this request is to build a parking lot addition on the rear of the property in order to provide additional off street parking for the existing office. He stated that rather than proposing an extension of the current C-2 zoning of the front portion of the property, the property owner is proposing a down-zoning of the front portion of the property to C-1 and a rezoning of the rear portion of the property from RS-4 to C- 1. Excerpt of Unapproved Minutes /Jefferson City Planning & Zoning Commission Page 2 May 13, 2010 Mr. Thomas Gredell, 12213 County Road 4040, Holts Summit, Missouri, spoke regarding this request and explained that they own CTG Properties and Gredell Engineering Resources. He stated that the subject property is the former Missouri Veterans of Foreign Wars property. Mr. Gredell explained that currently he has approximately 13-14 employees of which some have to utilize the on street parking. He stated that he agreed to downgrade the zoning to C-1, which would allow for the parking lot addition with a less intense zoning designation. Mr. Gredell explained that he is aware of the concerns voiced by Mr. Donner about removing trees in order to build additional parking in the rear of the property. He stated that he does not intend to remove any trees outside of the parking area and in fact intends to install a berm and plant additional trees as part of the bufferyard requirements. No one spoke in opposition to this request. Correspondence in opposition of this request was received from Terry Donner, 1418 Willcoxon Drive. Mr. Barron gave the Planning Division staff report and explained that a re-designation of the rear portion of the property to commercial would be a logical expansion of the commercial node and would not be a major change in the intended use pattern for this area. He stated that the commercial rezoning at the rear of the property would not appear to create any major land use conflicts and would allow for a more efficient commercial use of the existing office building and relieve the tenant from being forced to utilize on street parking to meet their parking needs. Mr. Barron explained that the requested rezoning of the front portion of the property to a lower form of commercial zoning would reduce future potential land use conflicts with the surrounding residential uses. Mr. Bickel moved and Mr. Stacey seconded to recommend approval of the amendment to the Development Plan Map of the Comprehensive Plan to show the rear portion of the property as Commercial to the City Council. The motion passed 8-0 with the following votes: Aye: Bickel, George, Lake, Lester, Mihalevich, Nunn, Stacey, Yarnell Mr. Bickel moved and Mr. Stacey seconded to recommend approval to rezone the front portion of the property from C-2 to C-1 and the rear portion of the property from RS-4 to C-1 to the City Council. The motion passed 8-0 with the following votes: Aye: Bickel, George, Lake, Lester, Mihalevich, Nunn, Stacey, Yarnell City of Jefferson Planning & Zoning Commission LOCATION ,nt'�. � � W �., Y d'�t?��, r " c r v- � v'�5 � !' i,.t��vr.�l�"•- _ j} Mere Y 't �y t it `7•'�"� ht �� t �,� �1 '�• •rQ��'i- •t'"�� `p�t i S 'i Y tt k "C u R 1 Ai{ f ,�..�;-Rttj� ?Q� r � �!e}, K�: �t rr� tl5'a�' `+..� �!r � 2 f r tw n s• ax ht i i i 0 37.5 75 150 Feet N 1505 East High Street w+a Rezoning 0.77 acres from RS-4 to C-1 and s Rezoning 0.35 acres from C-2 to C-1 and Comprehensive Plan Amendment City of Jefferson Planning & Zoning Commission VICINITY 7 v > ,/ G � \ ' / G, %i —LAKE—ST E—MCCART-Y-ST v � i IV 0 87.5 175 350 Feet N 1505 East High Street R+ E Rezoning 0.77 acres from RS-4 to C-1 and 5 Rezoning 0.35 acres from C-2 to C-1 and Comprehensive Plan Amendment APPLICATION FOR ZONING ORDINANCE 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 Commission and City Council of the City of Jefferson, 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: Zoning Map Amendment(Rezoning of Real Estate) The undersigned hereby state they are the owners of the following described real estate: Property Address: 1505 East High Street, Jefferson City MO 65101 Legal/Property Description (write out or attach as an exhibit): Attached. Who petition to rezone the above described real estate from its present classification of RS-4& C-2 district to C-1 district. The purpose of this rezoning request is to: Xgan aVat a e garkinq or re a nglneertnQ esOLIrCES, Inc. from eight (8) parking spaces to fifteen (15) parking spaces This expansion will relieve our need to park on public streets ALL OWNERS OF REAL PROPERTY PROPOSED TO BE REZONED MUST SIGN THE APPLICATION,AND ALL SIGNATURE MUST BE NOTARIZED.,IF ADDITIONAL SIGNATURES ARE NEEDED,MPLETTACHSEPARATESHEE�S. ho Properties, L. L. ember Thomas R. Gredell, Member p , Property Owner#1 Name (type or print) Property Owner Signature Carla C. Gredell, Member // Carla (I , Property Owner#2 Name (type or print) P or perty Owner Signature Subscribed ar w?"PNO e FRRA UR day of ri I in the year y6 STATE OF MISSOURI County of Cole ` My Commission Expires 8110(2012 Notary Pu c commicsinn#08612490 Address of Property Owner#1: 12213 County Road 4040, Holts Summit, MO 65043 Address of Property Owner#2 12213 Uounty Road 404U, Halts Surnirrilt, Phone Number(s): (573) 645-9078 Applicant Information ('If different from property owner): Name: Address: Phone Number For City Use Only Application Filing Fee$200 Payment Received: _Cash (Receipt# ) Check(Copy; check# ) Attachments: Additional sheets or documentation Applicant/Project Information Sheet Location Map Page 1 of 1 May 6,2002 ! o- .yam,a"Fr� r a'x.•. �: `�� '.- u �k r �*»�.-,>��9� rs3 lost "T JS� ' �,°e.I"ei�fl`$§�Y� -A�9 E'Ii � :a�i.+i-f ��- � p'€f&'� II�1t'✓��Y�9��"R 7�—'(l`h}Y-y� q�_V, p�'��ta �i lt'+ I fl}��1,�'rs�EL"•rc. t"a �' A Yk � Etl tll b $t I F `YLFIr-1 Ly f R w a' s. ^ i " ��. � � �` � �E>'?s�',"�`'�4'�±c�.. `-ice ',r���� i :n_ '• + AT LEGEND M + � >�>J © AREA OF INTENT 1 m r ` 'l I / TO REZONE TO C-1 r RS-4 ZONED $; �I�T rt I Pp RE 7�Sk� .3'i �," a' �. C-2ZONED Vi ——— PROPERTY BOUNDARY n• y - ry IM L� CTG Properties, L.L.C. GREDELL Engineering Resources, Inc. PARKING EXPANSION ENVIRONMENTAL ENGINEERING LAND AIR WATER SITE SKETCH FOR REZONING 1505 East High Street Telephone:(573)659-9076 Jefferson City,Missouri 65101 Faeshnile:(573)659-9079 1505 EAST HIGH STREET DATE SCALE REVISION DRAWN BY: TJB APPROVED BY: TRG 4/2010 ASSHOWN 1 1505 E. High Street A. Rezoning from RS-4 &C-2 to C-1 B. Comprehensive Plan Amendment I i I Ff N0:200400555 8k 497 P®681 State of Btasourt i Colt County / n RECORDED J_ ' J /^ sarj 15, 2004 j {o I 8:49:49 AM y" I Leroy D. Radenan, Recorder at Deeds ,Fees 527.00 Deputy I WARRANTY DEED BY CORPORATION I This Indenture, mode on the/9 day of ,tg�/" lCnaw all man by these Prneltis, that the DEPARTMENT OF MISSOURI VETERANS OF FOfEIGN WARS* f the County of Cnlc, GRANTOR in the State oft Missouri,a Corporation organized and existing under the lawn of the State of Missouri,party of the first part,in consideration of 0110 Dollar and Other Valuable Consideration paid by CTG PROPERTIES LLC,GRANTEE Grantees mailing address ** OF THE U.S. INC. ��1 1•lpn t50r) S , S!e L� J-0 44r L, C4, Aa we/ of the County of Cole,State of Missouri,party at parties of the second part, the recei t o1'which is hereby aclatow[edged and by virtue and in pursuance of a resoludon of the Board of Directors of said party of the first part,,lots by these presents GftANT,'IIARGATN, SELL,CONVEY AND CONFIRM unto the said party or parties of the second part, and to the heirs,successors and assigns of such party or parties, the following described lots, tracts or parcels of land, lying• being and situate in the County of Cole had State of Missouri,town: I I PART OF OUTLOT 72 IN THE CITY OF JEFFERSON, MISSOURI, PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT;A POINT ON THE SOUTHERLY LINE OF SAID OUTLOT 72, WHICH SAID POINT IS 347 :12 FEET EASTERLY FROM THE SOUTHWESTERLY CORNER OF A TRACE OF LAND CONVEYED BY JAMES L.MINOR fO SIMON WULSER AS SHOWN OF RECORD IN BOOK"W"AT PAGE 91,COLE COUNTY RECORDERS OFFICE;THENCE FROM SAID POINT OF BEGINNING NORTH 25 DEGREES 12 MINUTES EAST(MAGNETIC)455 FEET TO A POINT IN THE MIDDLE OFA RAVINE;THENCE EASTERLY WITH SAID RAVINE TO A POINT;WHICH IF MEASURED AT RIGHT ANGLE WITH ABOVE MENTIONED 455 FOOT LINE WOULD BE 110 FEET EASTERLY THEREOF;THENCE SOUTH 25 DEGREES 0&fmrrES WEST, 455 FEET, MORE OR LESS, TO THE NORTHERLY LINE OF HIGH STREET, THENCE WESTERLY ALONG THE NORTHERLY LINE OF HIGH STREET 110 FEET TO THE POINT Of BEGINNING. 1 EXCEPT 171AT FART CONV EYED TO THE STATE OF MJSSpURI,BY DEED DATED FEBRUARY 15, N 927 OYRECORD IN BOOK 65,PAGE 410,COLE COUNTY RECORDER'S RECORDS.' SUBJECT TO EASEMENTS AND RESTRICTIONS Of RECORD, , I I i I TO HAVE AND TO HOLD the premises aforesaid,with all and singular the rights,pri•rileges,appurtenances and immunities therein belonging,or in anywise appertaining unto the said party or parties of the Second Part,and unto the heirs,successors or esgllins of such party or parties FOREVER, the said party of the first part hereby covennnling that it is lawfully scud of an inderosssible estate in fee In the premises herein conveyed,that it has good right to convey the same;that the said premises are floc and clear of airy entaunbrancc done or suffered by it or those under wham it claims,and that It will WARRANT AND DEFEND the title of the said premises unto the said party or ponies of the Second Part, and unto the heirs, successors or assigns of such party or parties forever, against the lawful claims and demands of all persons whomsoever, I IN WITNESS WHEREOF,the said party of the first part has caused these presents to be signed by its Officers)the,day andyear fast above written I ' , i I I I I ann � I i i i I ' No (Seal) ]t THE ENS.OFN SSOIIRIVETERANSOFFO,sEIGNWARS i By Paul I;. Onn ra, traYL � A4�lhtllL_LLLLLL�I/ll/Il//lll/lll/� I I ; ! I STATE OF SS. COUNTY OF C. I On this �3 day ('�� I before me personally appeared Paul E. Connors to me petsaoally known, who,being by me duly morn,did slit'that he or she is uarteittta6ter of D�E,tPARTMENT OF MISSOURI VETERANS OF FOREIGN WARS;Lh'fihQUatmVeh t60 ' 1(' ei'd/o(n�Wi6d,,and that the said insWment was signed d' I�in behalf of sari Corporation by authority of its Board of Directors. And the said Paul E. Connora acknowledges said instrument to be the free act and deed of said Corporation. I M TESTIMONY WHEREOF, I have hereunto set my hand and affixed m "iftl seal in the C an Ste aforesaid,jhe day and year first above written. 1 % otary Se i SUE L.BCHI'OR Notary Public NOTARYPWUC NOTARYSEAL STALE OF MSSOURI COUNTY OF COLE My COMMON EXPMAPRL27,2004 My commission expires 40369 i I I I i 1 ! 1 i i APPLICATION FOR AMENDMENTS TO THE COMPREHENSIVE PLAN 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 Commission and City Council of the City of Jefferson,Missouri, for the following amendment(s) to the City-s Comprehensive Land Use Plan or Development Plan Map- -Text Amendment 2r Map Amendment Applications for Map amendments shall include a location map and level of detail required for site plan review as outlined in Exhibit 35-71. All applications shall attach a narrative which addresses the following criteria,as outlined in Section 35-74.A.4,Jefferson City Zoning Code. a. Whether there was error in the original Comprehensive Plan adoption in that the Planning and Zoning Commission failed to take into account then existing facts, projections or Vends that were reasonably foreseeable to exist in the future. b. Whether events subsequent to the Comprehensive Plan adoption have invalidated the Commissions original premises and findings made upon plan adoption. C. Whether the change is consistent with the goals,objectives and policies of the Plan. d. Whether events subsequent to the Comprehensive Plan adoption have changed the character and/or condition of the area so as to make the application acceptable. e. Whether the change is needed to improve consistency between the Comprehensive Plan and other adopted plans. f. Whether public and com m unity facilities,such as utilities,sanitaryand storm sewers,water,policeandfire protection,schools,parks and recreational facilities,roads,libraries,solid waste collection and disposal, and others are adequate to serve development for the type and scope suggested by the proposed zone. If utilities are not available, whether they can be extended reasonably. g. Whether there.is an adequate supply of land available in the subject area and the surrounding community to accommodate the zoning and community needs. In. Whether there will benefits derived by the community or area by the proposed change. Amendment Requested by: $Property Owner CStaff Planning and Z '�CTG Properties L. L. C. �� CSC Name (typed or printed) Signature Property Owner Name CTG Properties L. L, C. Address 12213 County Road 4040, Holts Summit MO 65043 Phone Number(s): (573) 645-9078 Applicant Name (if different from owner): CTG Properties, L. L. C. Address: 1505 E. High Street Jefferson City, MO 65101 Phone Number(s) 573-659-9078 For City Use Only: Application Filing Fee$200 Application Filing Fee Received: Cash( receipt#_) Check(copy,check# ) Attachments: Narrative _Map ApplicantlProject Information Sheet Page 1 of 1 May 6,2W2 NARRATIVE ATTACHMENT FOR APPLICATION FOR AMENDMENTS TO THE COMPREHENSIVE PLAN a. The original adoption by the Planning and Zoning Commission of the Comprehensive Plan failed to take into account that it would be reasonable for the property owner of 1505 E. High Street to want or need to expand their commercial business in the future beyond the back of the existing parking lot. Further, it was not taken into account that the remaining back 70% (+/-) of the property would be rendered useless due to the zoning designation of RS-4 and due to the land-locked nature of that portion of the property. b. Subsequent to the Comprehensive Plan adoption, the Missouri State Penitentiary was closed, opening up the redevelopment of the east side of Jefferson City. In addition, the plan adoption did not take into account that City staff would interpret the zoning codes to prevent any further development of the remaining back 70% (+/-) of the property. These subsequent actions have invalidated the Commission's original premises and findings made at the time of the original plan adoption. c. The proposal to rezone the entire property from a combined C-2/RS-4 to C-1 is consistent with the goals, objectives and policies of the Plan. d. The Prison Redevelopment project and the rejuvenation of east High Street and east McCarty Street have occurred subsequent to the Comprehensive Plan adoption. In addition, CTG Properties, LLC completely renovated the main floor of the building built in 1967 and finished off 60% of the unfinished basement area. Improvements have been made to the exterior of the building and additional exterior improvements are planned for this year and beyond. These factors have changed the character and/or condition of the geographic area to make the application acceptable. e. Change is needed to improve consistency between the Comprehensive Plan and other adopted plans. An example of this is the Central East Side Neighborhood Plan, which is close to our property location, and is part of the primary plan to redevelop the east side of Jefferson City. Our location is part of the secondary plan to the Central East Side Neighborhood Plan, which anticipates the need for additional off-street parking. f. Yes, public and community facilities, such as utilities, sanitary and storm sewers, water, police and fire protection, schools, parks and recreational facilities, roads, libraries, solid waste collection and disposal, and others are adequate to serve the current plans and any future development for the C-1 zoning classification. The long narrow shape of the property will never allow an intensive development on the property. g. The portion of the property requested to be rezoned could not be used for residential development, which is it's current designation. All surrounding properties have been developed. The rezoning of the portion of the property will not change the overall use and character of the properties or the surrounding community. h. Yes, there will be two primary benefits to the surrounding community by the proposed change: 1) the rezoning will allow the expansion of on-site parking which will allow the expansion of the current or future businesses in Jefferson City and the neighborhood; 2) the expansion of on-site parking will lessen our need to park on public streets, benefiting both the surrounding residential neighbors and the adjacent commercial businesses. END OF NARRATIVE Page 1 of 1 April 12, 2010 Planning Division City of Jefferson 320 East McCarty Street Jefferson City, Missouri 65101 RE: Application for Zoning Ordinance/Comprehensive Plan Amendment-1505 E. High Street Dear Sir or Madam: CTG Properties, L.L.C. is the owner of the commercial property at 1505 E. High Street, Jefferson City, Missouri. I am also the owner, president and principal engineer for GREDELL Engineering Resources, Inc., the current leaseholder of the building located at 1505 E. High Street. GREDELL Engineering Resources, Inc. CTG Properties, L.L.C. is planning to develop additional on-site parking due to the success of GREDELL Engineering Resources, Inc. and their continuing expansion of this business. In past and recent discussions with City staff(primarily Eric Barron, Senior Planner, and Shane Wade, Civil Engineer), it is my understanding that it is necessary to rezone the current property in order to develop the additional on-site parking. Currently, the zoning for the property is split between C-2 on the 1/3 of the property and RS-4 on the back 213 of the property. CTG Properties, Inc. requests to rezone the entire property to C-1,which would allow the existing business to operate at the site as well as allow additional parking to be constructed the portion of the property that is zoned RS-4. I have been informed that this will require both a zoning ordinance amendment and a comprehensive plan amendment. The following documents are enclosed with this letter in support of the requested zoning change: 1)a completed Applicant and Project Information form;2)a completed Application for Zoning Ordinance Amendment; 3) a Site Sketch for Rezoning, 1505 E. High Street; 4) a completed Application for Amendments to the Comprehensive Plan, including a narrative attachment; and 5) CTG Properties, L.L.C. check#1276 in the amount of$400 ($200 for the Zoning Ordinance Amendment and $200 for the Amendment to the Comprehensive Plan). It is my understanding that this is all of the information required to process this request. If you have any questions or comments, please contact me at 573-645-9078. Sincerely, =� Thomas R.Gredell, P.E. Member CTG Properties, L.L.C. r r t pp � Enclosures (Application Forms and Check#1276) 'APR 12 MAIM JNITY NT 12213 County Road 4040 Telephone-(573)896-5044 Holts Summit,Missouri 65043 Cell Phone-(573)645-9078 c`yy Or / ft* `l} r04 City of Jefferson g John Landwehr Mayor Department of Community Development Patrick E.Sullivan, P.E.; Director 320 East McCarty Street - Phone: (573) 634-6410 Jefferson City, Missouri 65101 75 Fax: (573) 634-6457 May 3, 2010 Dear Property Owner: This letter is to notify you that the Jefferson City Plonning and Zoning Commission will meet at 5:15 p.m. on Thursday, May 13, 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. P10013 — 1505 E. High Street; Rezoning and Comprehensive Plan Amendment. Request filed by CTG Properties, property owner, Thomas and Carla Gredell, authorized representatives, for the following: 1. To rezone approximately 0.77 acres from RS-4 Medium Density Residential to C-1 Neighborhood Commercial; and, 2. To rezone approximately 0.35 acres from C-2 General Commercial to C-1 Neighborhood Commercial; and, 3. An amendment to the Development Plan Map of the Comprehensive Plan to change the designation of approximately 0.77 acres from medium density residential to commercial. The property is generally located on the north side of E. High Street approximately 150 feet west of Lincoln Street and is described as part of Outlot 72, Jefferson City, Missouri. (Gredell Engineering Resources, 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 June 21, 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 Janice McMillan, AICP, Deputy Director for Planning & Transportation Services City of,,,, of er son «,��� COMMUNITY DEVELOPMENT Jefferson City Planning&Zoning Commission Page 1 Property Owners List Case No. P 100 13 1505 E. High Street May 13, 2010 Hunter, Justin E Bryan, Jeffrey S &Mary E Sberrell, Susan 205 S. Lincoln St 1503 E. High St Jefferson City, MO 65101 Jefferson City, MO 65101 205 S. Lincoln St 1503 E. High St Stafford, Eva A C T G Properties L L C 212 S.Lincoln St 1505 E. High St Jefferson City, MO 65101 Jefferson City, MO 65101 212 S. Lincoln St 1505 E. High St (Subject Propert)) Koetting, Eugene&Darlene Nilges, Rodney& Gail 329 Hutton Ln 220 S. Lincoln St Jefferson City,MO 65101 Jefferson City, MO 65101 216 S. Lincoln St 220 S. Lincoln St Martin, Ronald F, Trustee Lamberson, Rose Mary 2116 Meadow Lake Dr 1410 E. High St Jefferson City,MO 65109 Jefferson City, MO 65101 1408 E. High St 1410 E. High St Maddox, Generose Kerns, Kurt R, Trustee 1417 Willcoxon Dr 3311 Shamrock Rd Jefferson City,MO 65101 Jefferson City, Mo 65101 1417 Willcoxon Dr 1515 E High St Hayden, Elra &Dorothy L Woodall, Robert L &Joyce E 1419 Willcoxon Dr 206 S Lincoln St Jefferson City,MO 65101 Jefferson City, MO 65101 1419 Willcoxon Dr 206 S. Lincoln St Muessig, Danielle M Taylor, Norman Ell 1421 Willcoxon Dr 201 S. Lincoln St Jefferson City, MO 65101 Jefferson City, MO 65101 1421 Willcoxon Dr 201 S. Lincoln St Omara, Russell B &Laura J Moayer, Ali G 2503 W. Main St 1425 Willcoxon Dr Jefferson City, MO 65109 Jefferson City, MO 65101 1423 Willcoxon Dr 1425 Willcoxon Dr Eales, Charla K Giboney, Brenda K 1412 Willcoxon Or 208 S. Lincoln St Jefferson City, MO 65101 Jefferson City, MO 65101 1412 Willcoxon Dr 208 S Lincoln St Helming, Edith Ann 1414 Willcoxon Dr Jefferson City, MO 65101 1414 Willcoxon Dr Jefferson City Planning& Zoning Commission Page 2 Property Owners List Case No. P10013 1505 E. High Street May 13, 2010 Siebeneck, Archie A&Helen G Paschal, Kirk A& Cathy 1416 Willcoxon Dr 3629 Graystone Dr Jefferson City, MO 65101 Jefferson City, MO 65109 1416 Willcoxon Dr 1409 E. McCarty St Donner, Terry L& Sharonda L R N J Properties L L C 1418 Willcoxon Dr 1405 Stacey Ln Jefferson City, MO 65101 Limn,MO 65051 1418 Willcoxon Dr 1508 E. McCarty St Clay, Timothy R& .Janice L Castillo, Lisa 1400 Westview Dr Galbreath, Donald Jefferson City, MO 65109 1151 W. Highpoint Ln 1422 Willcoxon Dr Columbia,MO 65203 1518 E. McCarty St Heriford, James R& Georgia L,Trustees 1409 E. High St Nil ges, Thomas W&Marla M Jefferson City, MO 65101 1826 Valley Hi Rd 1409 E. High St Jefferson City,MO 65109 1500 E. McCarty St Hurtado, Sandra S 1424 Willcoxon Dr Berendzen, Aaron P & Kristina L Jefferson City, MO 65101 113 S. Lincoln St 1424 Willcoxon Dr Jefferson City, MO 65101 113 S.Lincoln St Rackers, Edgar P & Joan H 1411 E. High St Kliethermes, Brett E& Deborah K Jefferson City, MO 65101 2509 Southridge Dr, #B 1411 E. High St Jefferson City,MO 65109 207 S. Lincoln St Wray, Larry J 1501 E. High St Taber, Debra L Jefferson City, MO 65101 207 S.Lincoln St 1501 E. High St Jefferson City, MO 65101 207 S.Lincoln St Mertens, Joyce K Trustee 202 S. Lincoln St Siebeneck, Helen Jefferson City, MO 65101 1416 Willcoxon Dr 202 S. Lincoln St Jefferson City, MO 65101 0 Minor, Susan Marie 1509 E. High St Jefferson City, MO 65101 1509 E. High St Cottage Industries of Jefferson City L L C 2692 Rt AA Holts Summit, MO 65043 1507 E. McCarty St PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION May 13,2010 Case No. P10013— 1505 E. High Street; Rezoning and Comprehensive Plan Amendment. Request filed by CTG Properties,property owner, Thomas and Carla Gredell, authorized representatives, for the following: I. To rezone approximately 0.77 acres from RS-4 Medium Density Residential to C-1 Neighborhood Commercial; and, 2. To rezone approximately 0.35 acres from C-2 General Commercial to C-1 Neighborhood Commercial; and, 3. An amendment to the Development Plan Map of the Comprehensive Plan to change the designation of approximately 0.77 acres from medium density residential to commercial. The property is generally located on the north side of E. High Street approximately 150 feet west of Lincoh Street and is described as part of Outlot 72, Jefferson City, Missouri. (Gredell Engineering Resources, Consultant) Nature of Request This request is for a property consisting of 1.12 acres and currently used as a professional business office for Gredell Engineering. The property is split by a zoning boundary line with the front portion of the property being zoned C-2 General Commercial and the rear of the property being zoned RS-4 Single Family Residential. The property owner/applicant is wanting to build a parking lot addition on the residentially zoned area toward the rear of the property. Rather than proposing an extension of the current C-2 zoning of the front portion of the property, which is a rather intensive zoning district considering the surrounding land uses,the property owners proposing a down-zoning of the front portion of the property to C-1 and a rezoning of the rear portion of the property from RS-4 to C-1. An amendment to the development plan map of the Comprehensive plan would be required to support the commercial zoning of the rear portion of the property. Zoning and Surrounding Land Use Current Zoning: C-2 and RS-4 Current Use: Professional Office Building Requested Zoning: C-1 Intended Use: Office w/parking lot at rear Surrounding Zoning Surrounding Uses North RS-4 Single Family Residential South C-2 Warwick Village/mixed-use East RS-4/C-2 Single Family Residential West RS-4/C-2 Single Family Residential 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, personal services, and laundromats. (please see exhibit 35-28 of the zoning code for a complete list of authorized uses) Staff Analysis Standard checklist for rezoning: Yes No Notes: Complies with Comprehensive Plan X The development plan map of the comprehensive plan identifies the front portion of the property as commercial and the rear portion of the property as Medium Density Residential (in line with the current zoning). The applicant has requested an amendment to the Comprehensive Plan to show the rear portion of the property as Commercial in order to support the rezoning application. Has access to necessary utilities X Necessary utilities serve the property. Planning and Zoning Commission May 13, 2010 Case No. P10013 Page 2 Located outside flood zone X The property does not lie within the 100 year flood lain. Meets district size requirement X The requested rezoning would meet the minimum size requirement for the C-1 district of one acre. Benefit to City is substantial when compared to X The city would benefit from the more efficient adverse affects on adjacent property commercial use of this property. The rezoning would not be a grant of privilege to X The rezoning would allow for more parking to the owner with little or no benefit to the public be constructed at the rear of the property, which would relieve pressure on the public on-street parking in front of the building. After rezoning, the allowed uses would be X The down zoning of the front portion of the compatible with uses allowed in adjacent districts property would bring allowed uses into closer conformity with the allowed uses in the area. After rezoning, the allowed uses would be X The down zoning of the front portion of the compatible with adjacent existing land uses property would bring allowed uses into closer conformity with the existing uses in the area. If not rezoned, the owner would be deprived of use X The property owner is limited in the commercial advantages enjoyed by surrounding owners use of the property due to the small amount of (reverse spot zoning) commercial zoning. An expansion of commercial zoning for the property would be appropriate. The requested rezoning would be an expansion of X The requested zoning would be an expansion of an existing district I the current commercial zoning in the area. Approve Deny Neutral Staff Recommendation X Staff Recommendation Comprehensive Plan Amendment: While the intended use of the rear portion of the property is currently designated as Medium density residential on the development plan map of the comprehensive plan, the property is immediately adjacent to a commercial node located at the intersection of two arterial streets. A re-designation of the rear portion of the property to commercial would be a logical expansion of the commercial node that would not be a major change in the intended use pattern for this area. Staff recommends approval of the Comprehensive Plan Amendment. Rezoning Request: The requested commercial zoning would be a logical expansion of the existing node of commercial zoning located at the intersection of High Street and McCarty Street. The commercial rezoning at the rear of the property would not appear to create any major land use conflicts and would allow for a more efficient commercial use of the existing office building and relieve the tenant from being forced to utilize on street parking to meet their parking needs. The requested rezoning of the front portion of the property to a lower form of commercial zoning would reduce future potential land use conflicts with the surrounding residential uses. Staff recommends approval of the request to rezone the property. Staff recommends the following: 1. Approval of the amendment to the Development Plan Map of the Comprehensive Plan to show the rear portion of the property as Commercial. 2. Approval of the request to rezone the front portion of the property from C-2 to C-1 and the rear portion of the property from RS-4 to C-1. PLANNING & ZONING COMMISSION CORRESPONDENCE RECEIVED Case Flo. P10013 1505 E. High Street May 13, 2010 Sender Senders Address How Received Date Received Terry Donner 1418 Willcoxon Dr Email 511012010 Stratman, Anne From: McMillan, Janice Sent: Monday, May 10,2010 1:15 PM To: Donner, Terry Cc: Barron, Eric; Stralman,Anne Subject: RE: Case No. P10013 Your comments regarding the above-referenced case have been received and will be printed for the Planning and Zoning Commission, and will become part of the official record that is transmitted to the City Council following the Commission's hearing on this matter. The Jefferson City zoning code requires bufferyards so that either a landscaped, open space or undisturbed area must be retained adjacent to residential zoning. I have forwarded your email to Eric Barron, who will respond in more detail about your concern. Please be advised that all emails become a part of the official record for this case. .Janice McMillan, AICP Planning & Transportation Services City of Jefferson 320 East McCarty Street Jefferson City, Missouri 65101 Direct: 573.634.6424/Main:573.634.6410 vrww jeffcitymo.org/cd From: Donner, Terry [mailto:TDonner @Scholastic.com] Sent: Monday, May 10, 2010 12:41 PM To: McMillan, Janice Subject: Case No. P10013 Dear Council Members, I am a long-time resident of our city, and I am writing to express my concern about recent discussion and the pending decision to rezone the property at 1505 E. High Street. I understand that the decision is being considered to enable the business to add additional parking in the back of the facility, which will call for the destruction of the current landscape of the area. However, I do not believe that the benefits of adding more parking compare favorably to the benefits of keeping the trees. Consider: Trees snake for a more natural, less artificial, and therefore less stressful, environment. The sight of a large concrete parking lot, on the other hand, is not pleasant, and can leave us with a less than desirable view as well as potential runoff issues for adjourning neighbors. Furthermore, it is well known that trees improve air quality; filter the air we breathe, absorb pollution, and give off oxygen. I oppose the rezoning of the property due to the fact of the impact it will have on the neighborhood as well as the property value. Sincerely, Terry L Donner PHR Sr. Manager Employee Services 6336 Algoa Rd Jefferson City, Mo 65101 573-632-1508 p 573-291-1675 m 573-632-1349f A"nnwinu ulhcrs is�nisdnm Avmmin«gnur-si((ix cidig4tcrunenl. a �$"� Pka+p rneadei the ou:,rnnn,eni inlom prinumiius s-m;ul