HomeMy Public PortalAboutORD14615 BILL NO. 2009-100
SPONSORED BY Councilman Struemoh
ORDINANCE NO. /'#/l l/ 5–
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING, AMENDING, AND
MODIFYING THE ZONING MAP OF THE ZONING CODE OF THE CITY OF JEFFERSON, BY
REZONING 0.24 ACRES FROM RA-2 HIGH DENSITY RESIDENTIALTO PUD PLANNED UNIT
DEVELOPMENT, FOR LAND ADDRESSED AS 1127 AND 1129 EAST McCARTY STREET,
DESCRIBED AS PART OF LOT 15 OF OWENS SUBDIVISION OF OUTLOTS NOS. 55 AND 56,
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 PUD Planned Unit Development: The easterly half of Lot No. 15 of Owens Subdivision of Outlots
Nos.55 and 56 in the City of Jefferson, Missouri, said easterly half fronting 49 feet 7 inches on McCarty
Street and running back 209 feet. Containing approximately 0.24 acre.
Section 2. This ordinance shall be in full force and effect from and after its passage
and approval.
Passed: J — � Approved:
Pr 7 i 16 Officer Ma or
ATTEST: AP7,19 VED A O ORM:
i1 �/
City Clerk City Counselor
–1–
NOTICE OF PUBLIC HEARINGS ON ZONING MATTERS
The City Council of the City of Jefferson, Missouri, will hold public hearings on the following zoning
matters on Monday, December 21, 2009 at 6:00 p.m. in the Council Chamber of the John G. Christy
Municipal Building, 320 East McCarty Street, Jefferson City, Missouri.
1127 AND 1129 EAST MCCARTY STREET— REZONING 0.24 ACRES FROM RA-2 TO PUD AND
PRELIMINARY AND FINAL PUD PLAN. Applications to rezone the following described property
from RA-2 High Density Residential to PUD Planned Unit Development AND to approve a
Preliminary and Final PUD Plan to establish an office and a residential apartment within the existing
building on the property. The property is described as the easterly half of Lot No. 15 of Owens
Subdivision of Outlots Nos. 55 and 56 in the City of Jefferson, Missouri, said easterly half
fronting 49 feet 7 inches on McCarty Street and running back 209 feet. Containing
approximately 0.24 acre.
Phyllis Powell, City Clerk, City of Jefferson, Missouri
P.T. - Friday, December 4, 2009
For contact information only.
Department of Community Development/Planning Division
320 East McCarty Street, Room 120, 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 PLANriING AND ZONING COMMISSION
November 12, 2009
5:15 p.m.
COMMISSION MEMBERS PRESENT ATTENDANCE RECORD
Ralph Robinett, Chairman 6 of 6
Chris Jordan, Vice Chairman 5 of 6
Randy Bickel 6 of 6
Jack Deeken 5 of 6
Bob George 3 of 5
David Nunn 4 of 6
Chris Yarnell 5 of 6
Dean Dutoi, Alternate 3 of 3
Scott Stacey, Alternate 5 of 6
COMMISSION MEMBERS ABSENT
John Lake 3 of 6
J. Rick Mihalevich 5 of 6
EX-OFFICIO MEMBERS ABSENT
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
Case No. P09032— 1127 and 1129 East McCarty Street; Rezoning from RA-2 to PUD
and a Preliminary and Final PUD Plan. Application filed by Doyce Cardwell, property
owner, on behalf of Chris Graeteke, applicant, for the following items:
A. Rezoning of the property, consisting of 0.24 acres, from RA-2 High Density
Residential to PUD Planned Unit Development; and
B. A Preliminary and Final PUD Plan to establish an office and a residential
apartment within the existing building on the property. Planning Division staff
recommend the establishment of a RA-2 underlying zoning district within the
PUD Plan with the addition of Office as a permitted use.
The property is located northwest of the intersection of Clark Avenue and East McCarty
Street. The property is described as part of Lot 15 of Owens Subdivision of Outlots Nos.
55 and 56, City of Jefferson, Cole County, Missouri.
Mr. Barron described the proposal and explained that the property is currently zoned RA-
2 Multi Family Residential. He stated that the former restaurant has been out of use for more
than 270 consecutive days and has lost its nonconforming status as a commercial use. Mr.
Barron explained that a small gravel parking lot in the rear of the building currently serves the
property. He stated that the applicant is proposing a non-illuminated 24 square foot wide
window sign. Mr. Barron explained that staff normally recommends the establishment of an
underlying zoning district however after further analysis staff recommends that the permitted
uses on the property be limited to residential and office.
Mr. Chris Gratetke, 12418 County Road 4027, Tebbetts Missouri, spoke regarding this
request and explained that he is proposing to locate a real estate office in the former
restaurant portion of the property and rent the attached residential apartment space.
No one spoke in opposition to this request and no correspondence was received.
Mr. Barron gave the Planning Division staff report and explained that according to the
1939 Sanborn Map the property has been used as a restaurant with attached apartment
since the 1940's. He stated that the location of the property adjacent to a major street
intersection and the limited commercial use that is proposed would not appear to create any
major land use conflicts in the area.
Excerpt of Unapproved Minutes/Jefferson City Planning &Zoning Commission Page 2
November 12, 2009
In response to a Commissioner's inquiry whether the gravel lot should be paved, Ms.
McMillan explained that the zoning code provides that in the event of a building expansion
the property owner is required to pave the lot.
Mr. Barron clarified that the aerial photos provided in the meeting packets are from the
GIS maps and do not always match up to the property lines. He explained that the 1939
Sanborn Map shows the property line running down the middle of both lots. Mr. Barron stated
that in the older sections of town it is common for driveways to be built along the shared
property line.
After additional discussion, Commission members agreed that paving the parking lot will
not be feasible since the office use will generate little traffic.
Mr. Bickel moved and Mr. George seconded to recommend approval of rezoning 1127
and 1129 E. McCarty Street from RP-2 to PUD, to the City Council. The motion passed 7-0
with the following votes:
Aye: Bickel, Dutoi, Deeken, George, Jordan, Stacey, Yarnell
Abstain: Nunn
Mr. Yarnell suggested that, in regard to the conditions for the Preliminary and Final PUD
Plan, the signage should also be building mounted.
Mr. Grateke stated that, in regard to the Preliminary and Final PUD Plan, he concurs with
staff comments and recommendations, as well as, the additional condition that signage
should be building mounted.
Mr. Jordan moved and Mr. Yarnell seconded to recommend approval of the Preliminary
and Final PUD Plan to the City Council subject to the following conditions:
a. Permitted uses for the property shall be limited to residential and office;
b. Signage shall be limited to a maximum of 24 square feet, shall be non-illuminated
and shall be building mounted.
The motion passed 7-0 with the following votes:
Aye: Bickel, Dutoi, Deeken, George, Jordan, Stacey, Yarnell
Abstain: Nunn
City of Jefferson Planning & Zoning Commission
VICINITY
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Preliminary and Final PUD Plan
City of Jefferson Planning & Zoning Commission
LOCATION
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Rezoning from RA-2 to PUD and a S
Preliminary and Final PUD Plan
APPLICATION FOR ZONING ORDINANCE AMENDMENT ) jr
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City of Jefferson - Planning Division
Department of Community Development OCT 3 2��9
320 East McCarty Street
Jefferson City, Missouri 65101
Phone (573) 634-6410 Fax (573) 634-6457 DEPARIM-NT OF
CDMMUNITY'uEVELOPn1ENT
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:
O Zoning Text Amendment (Describe below or attach complete narrative)
Article and Section Affected (if applicable)
Description of proposed text amendment:
Rr-Zoning Map Amendment (Rezoning of Real Estate)
The undersigned hereby state they are the owners of the following described real estate:
Property Address: // 2 '7 G. Ile CllaLfiz.f J�i F, C/1--i ddb
Legal/Property Description (write out or attach as an ex ibit): A#wa P
Who ppetition to rezone the above described real estate from its present classification of
{Z - 7� district to t11 district. The purpose of this rezoning request is to:
(rr'
GFfic� rf t1r� Pas�/✓ irEL
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 SEPARATE SHEETS.
I 7,yei //i>r / %x/41 �/9C��y� �� �� 2�
rope Owner#1 Name (type or print) Property Owner ignature
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c-4//Y 7-dly ,girl Liz
Property Owner#2 Name (ty o p)nt), Prop y Owner Signature
Subscribed andsworn fo 0 Iclsa da of J-0 in th ear���.
6E ryyPR�i OS
N STATE OF MISSOURI
Cale County—Comm.X06435345
My Commission Expires May 5,2010 Notary PubVc
Address of Property Owner#1: Z� /( / �t'_.1� 60t:DD Jej�F C o SOS 7r7 9
Address of Property Owner#2 gn R /'1 UL R Q o_64 r,'
Phone Number(s):_ Wc�j U) tLLrfr41S Cd
Applicant Information if different from property owner):
Name: a < Red hl K�
Address' 1 F l g Csv D L
Phone Number
For City Use Only: Application Filing Fee $20G
Payment Received:
_Cash (Receipt# ) Check (Copy; check# )
Attachments:
Additional sheets or documentation Applicant/Project Information Sheet Location Map
Page 1 of 1 May6,2002
APPLICATION FOR ZONING ORDINANCE AMENDMENT
Date Received:
City of Jefferson - Planning Division
Department of Community Development
320 East McCarty Street
Jefferson City, Missouri 65101
Phone (573)634-6410 Fax(573) 634-6457
The undersigned hereby petitions the Planning and Zoning Commission and City Council of the City of Jefferson.
Missouri, for the following amendment to the Zoning Code:
O Zoning Text Amendment (Describe below or attach complete narrative)
Article and Section Affected (if applicable)
Description of proposed text amendment:
Q Zoning Map Amendment (Rezoning of Real Estate)
The undersigned hereby state they are the owners of the following described real estate:
Property Address: I l 2�l f/`'I c,CA1 +Li �'� -+— C� "D
Legal/Property Description (write out-or or attach as an exhibit): _, 4T=4 i -�� r1
Who petition to rezone the above described real estate from its present classification of
j - Z district to s Ul7 district. The purpose of this rezoning request is to:
/)l�buJ 0..5- FJf � 1571xJ1� 1/ PlAj r-o /L CPFic.P- AwD QY2b8rc7�7x
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ALL OWNERS OF REAL PROPERTY PROPOSED TO BE REZONED MUST SIGN THE APPLICATION,AND ALL SIGNATURE
MUST BE NOTARIZED. IF ADDITIONAL SIGNATURES ARE NEEDED, PLEASE ATTACH SEPARATE SHEETS.
Property Owner 91 Name (type or print) Pr arty Owner Signature t
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Prone y O ne Name (type or print) Pro any O ner Sign re
c�
Subscribed and savor Z �� in,the year � l
JOHN C.Suoull
Notary Public-Notary Seal
STATE OF MISSOURI Notary Public
Cole County—Comm.#06435345
Address of Property Owner#1: jL$jn � i_ � D �70l
Address of Property Owner#2 �7E ,y n i r, �)P. ,� I'Ll o c'S o
Phone Number(s): Joli-I (JI 1-f—i i1-ilS (a Ma i r 7 02E- -75-1 "-e
Applicant Information (if different from property owner):
Name: Lin I 5 rcr°
Address F -Lq t9 <`e ( fJ Z
Phone Number s - 0 _ S 5 S �5
For City Use Only: Application Filing Fee $2015
Payment Received:
_Cash (Receipt# ) Check (Copy; check# )
Attachments:
Additional sheets or documentation Applicant/Project Information Sheet Location Map
Page 1 of 1 May 5.2002
GENERAL WARRANTY DEED
Adrr//��!!��
s Pnbaduargr Mode on thm 3 day cf?RR@Z�g May A.U., 1!18
by and Cll tag Cards 11
of the County of Cole In the Slate of Missouri, party of the First Part, and
Doyce C1112tonRathrvn Lynn Veche Jody Ray Williams and PHchelle Lea Hill,
an Saint twnnn s with right of nurvivgrs 'n
Creative. mailing addree. 1127 E. MCCartV St., Jefferson City, Mo. 65101
of the County of roles in the State of Mismuri, part inn of the Second Port:
WITNESSETH, That the maid part y- of the First Part in consideration of the sum,of
one dollar and other valuable consideration-----------------------DOLLARS,
to him paid by the amid perriaw of the Second part, the receipt of which is hereby acknowledged,
do eti— by these prevents, GRANT, BARGAIN, AND SELL, CONVEY AND CONFIRM unto the said
partj9a-of the Second Part, their heirs and assigns, the following described lots, tracts or parcels of
land lying, being and situate in the County of Cole, State of Missouri to wit:
The easterly half of Lot No. 15 of Owens Subdiviaion_of Outlots Nos.
55 and 56 in the City of Jefferson, :Missouri, said easterly half
fronting 49 feet 7 inches on McCarty Street and running back 209
feet.
i f
i LIt
TO HAVE AND TO HOLD the premiam aforesaid,with all and singular the rights,privileges,appurtenances
and immunities thereto helongirtg or in anywise appertaining, unto the .aid part ifs
of the Second Part and unto-their—heirs and smudges FOREVER, the said noyee Clinton Cardwell
hereby covenanting that he is lawfully
seised of on indefeasible metals in fee in the premises herein conveyed; that hat
he a gaud right to convey the same; that the said preniees are free and clear of any incumbrances done or
suffered by-111111--or those under who,,, he claims and the, he will
warrant and defend the title to amid premises unto the amid par,Ian of the Second Part, and unto chair
heirs and assigns FOREVER, against the lawful claims and demands of all persons whomsoever.
IN WITNESS WHEREOF, the said part-y_of the First Part has heremam me,hie_hand
.ad scut the day and year first above written.
�DOYCE CLINTON CARDW.E L
n. r, ..i .. Pr;n,.d ti—i— so c:....,.,...,
APPLICATION FOR PLANNED UNIT DEVELOPMENT PUD
Dale Received
City of Jefferson - Planning Division
Department of Community Development
320 East McCarty Street-Jefferson City, Missouri 65101
OPhone (573) 634-6410 Fax(573) 634-6457
Concept PUD Plan
77 Preliminary PUD Site Plan (where rezoning of land is not required)
Rezoning Plan and Preliminary PUD Plan ( a Rezoning Application must also be submitted)
FI Final PUD Plan and Subdivision
Project Name:
Project Address: 2 7 CC L'+t. <,-t-
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:
Address
Phone Number(s):
I
(Attac Project/Applicant Information Sheet if more space is necessary)
Name: C m-i s G,- .Le .AAF Address: /aWT Co q0 Z 7
T?i33a A r►+o. 4-5-0 00
Phone Number(s): 5`73-- 6$O-5-S'S'S-
The attached information accurately represents this proposed project.
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Property wner Signature Printed Name Dat
G kxi� C�e re,ke_.
Representative Printed Name Date
tze yicc�t
Far 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 1 of 7
1127 E. McCarty Street
Preliminary and Final PUD Plan Narrative
10-23-09
This PUD Plan proposes to establish an office and a residential apartment in the existing
building on the property. The intended office use is as a real estate office. No site
improvements are planned. Some minor fagade improvements, including the removal of
the wooden shingles on the front of the building, are planned. An existing parking lot
exists in the rear of the property with driveway access to East McCarty Street. Signage
for the office use would consist of a window sign with maximum dimensions of 3 feed tall
by 8 feet wide.
OF 1 Ift4
ty,W r�4
t II1I f
City of Jefferson 7A, t i 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 . 25 Fax: (573) 634-6457
October 30, 2009
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, November 12, 2D09 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. P09032 — 1127 and 1129 East McCarty Street; Rezoning from RA-2 to PUD and a
Preliminary and Final PUD Plan. Application filed by Doyce Cardwell, property owner, on behalf
of Chris Graeteke, applicant, for the following items:
A. Rezoning of the property, consisting of 0.24 acres, from RA-2 High Density
Residential to PUD Planned Unit Development; and
B. A Preliminary and Final PUD Plan to establish an office and a residential apartment
within the existing building on the property. Planning Division staff recommend the
establishment of a RA-2 underlying zoning district within the PUD Plan with the
addition of Office as a permitted use.
The property is located northwest of the intersection of Clark Avenue and East McCarty Street.
The property is described as part of Lot 15 of Owens Subdivision of Outlots Nos. 55 and 56, City
of Jefferson, 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 Bont of the City Council on
December 21, 2009. 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
�uC
Eric Barron, AICP
Senior Planner
City�of ,
I1Ir III II..
of ers ® n ; �
" COMMUNTY DEVELOPMENT `budding a better community"
Jefferson City Planning& Zoning Commission Page I
Property Owners List
Case No. P09032 1127 & 1129 E. McCarty Street November 12,2009
Dubois, Dal A & Christina L Anderson, William &Jessica
3915 Scarborough Way 1204 E. High Street
Jefferson City, MO 65109 .lefferson City, MO 65101
416 Clark Avenue 1204 E. High Street
Patterson Property Management L L C Mason, Tina Louise
209 N 12th Street 1 123 E. McCarty Street
Linn, MO 65051 Jefferson City, MO 65101
421 Clark Avenue 1 123 E. McCarty Street
Kauffinan, Thomas A Wieberg, Marcellus & Alicia Trustees
PO Box 605 4906 Shepherd Hills Road
Jefferson City, MO 65102 Jefferson City, MO 65101
1202 E. High Street 1 125 E. McCarty Street
Verhoff, Charles B & Brenda J Cardwell, Doyce Clinton Etal
l 1 19 E. McCarty Street 509 Mulberry Street
Jefferson City, MO 65101 Jefferson City, MO 65101
1119 E. McCarty Street 1 127 E. McCarty Street (Subject Property)
1 121 E. McCarty Street
Harrison, Curtis
Turner, Ivan & Lisa 759 E. 73rd Street
137 W. Circle Drive Los Angeles, CA 90001
Jefferson City, MO 65109 1 131 E. McCarty Street
1 124 E. IIigh Street 1201 E. McCarty Street
Johnson, Lamont &Ametta McCann, John Joseph J
1130 E. High Street 3663 Flora Place
Jefferson City, MO 65101 St Louis, MO 63110
1130 E. High Street 1203 E. McCarty Street
Adair, William J Gaydos, John R
Adair, Brenda A & Veit, Robert I Bishop Of Diocese
Veit, Linda J PO Box 104900
13940 S. Bend Road Jefferson City, MO 65110
Jefferson City, MO 65101 1205 E. McCarty Street
1200 E. High Street 1206 E. McCarty Street
Andrews, Archie L Hagner, Christine
1107 Maywood Drive 1 120 E McCarty Street
Jefferson City, MO 65109 Jefferson City, MO 65101
1120 E. High Street 1120 E. McCarty Street
Tremaine, Clara E Haymart, R Michael & Germaine B
1122 E. High Street 1904 Whitney Woods Drive
Jefferson City, MO 65101 Jefferson City, MO 65101
1 122 E. High Street 1122 E. McCarty Street
Jefferson City Planning&Zoning Commission Page 2
Property Owners List
Case No. P09032 1127 & 1129 E. McCarty Street November 12, 2009
Asel, David T& Kaye F
2023 Green Meadow Drive
Jefferson City, MO 65101
1 130 E. McCarty Street
Forde, Angel S
Austin, Cavel
413 Clark Avenue
.Jefferson City, MO 65101
413 Clark Avenue
Word Gray, Diane Ann
1 124 E. High Street
Jefferson City, MO 65101
1 124 E. High Street
Kliethernies, Stephen J & Helen M Trustees
120 Boeckman Drive
Jefferson City, MO 65109
1206 E. High Street
PLANNING STAFF REPORT
JEFFERSON CITY PLANNING AND ZONING COMMISSION
November 12,2009
Case No.P09032-1127 and 1129 East McCarty Street;Rezoning from RA-2 to PUD and a Preliminary and Final
PUD Plan.Application filed by Doyce Cardwell,property owner,on behalf of Chris Graeteke,applicant,for the following
items:
A. Rezoning of the property, consisting of 0.24 acres, from RA-2 High Density Residential to PUD Planned Unit
Development; and
B. A Preliminary and Final PUD Plan to establish an office and a residential apartment within the existing building on
the property.
The property is located northwest of the intersection of Clark Avenue and East McCarty Street. The property is described as
part of Lot 15 of Owens Subdivision of Outlots Nos.55 and 56,City of Jefferson, Cole County, Missouri.
Zoning History
Accordingto historical Sanborn Maps,the property has been used as a restaurant with attached apartment since the 1940's.
Nature of Request
The property is currently zoned RA-2 Multi Family Residential. The building was previously used as a restaurant with
attached residential apartment. The applicant wishes to utilize the former restaurant portion of the building as a real estate
office and maintain the existing residential apartment. While the property was previously used in a commercial manner,the
former restaurant has been out of use for more than 270 consecutive days and has lost it's grandfathered status as a
commercial use. Establishment of a mixed residential/commercial use on the property is best accommodated by a PUD
zoning.
Location
The subject property is located on East McCarty Street north of the intersection of Clark Ave. Adjacent zoning and land use
is as follows:
Surroundin Zonin Surroundin Uses
North RA-2 Residential
South RA-2 Multi-family residential
East RA-2 2 unit residential building
West RA-2 2 unit residential building
Staff Analysis
Parking: A small gravel parking lot currently serves the property. The parking lot would accommodate approximately 6
vehicles, which would be sufficient to meet the parking demand for the proposed office and residential use.
Signage: The applicant is proposing a 3 feet tall by 8 feet wide window sign(24 square feet).
Proposed Use/Underlying-Zoning: While Planning Division staff normally recommend that establishment of an underlying
zoning district, and this proposal was initially advertised with a staff recommended underlying zoning of C-O Office
Commercial, after further analysis staff recommends that the permitted uses on the property be limited to residential and
office.
Staff Recommendation
This property has a history of being used in a commercial manner and the existing building is arranged for a commercial
use. While the zoning of the property is multi-family residential,the conversion of the existing structure to a multi-family
residential use would be problematic. The location of the property adjacent to a major street intersection and the limited
commercial use that is proposed would not appear to create any major land use conflicts in the area. Staff recommends
approval of the proposed rezoning from RA-2 to PUD and approval of the Preliminary and Final PUD Plan as follows:
1. Approval of the rezoning proposal from RA-2 to PUD
2. Approval of the Preliminary and Final PUD Plan with following conditions:
a. Permitted uses for the property shall be limited to residential and office.
b. Signage shall be limited to a maximum of 24 square feet and shall be non-illuminated.