The URL can be used to link to this page

Home My Public Portal AboutORD14568 BILL NO. 2009-49 SPONSORED BY COUNCILMAN// Struemph ORDINANCE NO. I qy& 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 0.15 ACRES FROM RA-2 HIGH DENSITY RESIDENTIALTO C-1 NEIGHBORHOOD COMMERCIAL, FOR LAND ADDRESSED AS 801 WEST HIGH STREET, DESCRIBED AS PART OF INLOT NO. 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: The northerly 128 feet, 9 inches of the easterly 52 feet, 2 inches of Inlot No. 407, in the City of Jefferson, Missouri, and more particularly described as follows: Beginning at the northeasterly corner of said Inlot No. 407; thence westerly along the northerly line of said Inlot, 52 feet, 2 inches; thence southerly parallel with Clay Street, 128 feet, 9 inches;thence easterly parallel with the northerly line of said Inlot, 52 feet, 2 inches, to the easterly line of said Inlot; thence northerly along the said easterly line, 128 feet, 9 inches to the point of beginning. Containing approximately 0.15 acre. Section 2. This ordinance shall be in full force and effect from and after its passage and approval. Passed: �4l _ Approved: Presidi g fficer a r /ATTEST: AP VET AS TO FORM: Cify Clerkv City Uouriselor -1- PUBLIC HEARING NOTICE Rezoning - 801 W. High Street The City Council of the City of Jefferson, Missouri, will hold a public a hearing on Monday, August 17, 2009 at 6:00 p.m. in the Council Chamber of the John G. Christy Municipal Building, 320 East McCarty Street,to consider rezoning land addressed as 801 W. High Street from RA-2 High Density Residential to C-1 Neighborhood Commercial: Section 1. Property Description: The northerly 128 feet 9 inches of the easterly 52 feet, 2 inches of Inlot No.407, in the City of Jefferson, Missouri,and more particularly described as follows: Beginning at the northeasterly corner of said Inlot No. 407;thence westerly along the northerly line of said Inlot,52 feet, 2 inches;thence southerly parallel with Clay Street, 128 feet, 9 inches;thence easterly parallel with the northerly line of said Inlot, 52 feet, 2 inches, to the easterly line of said Inlot; thence northerly along the said easterly line, 128 feet, 9 inches to the point of beginning. Containing approximately 0.15 acres. Section 2. Rezoning application. The above described property is proposed to be rezoned from RA-2 High Density Residential to C-1 Neighborhood Commercial. Phyllis Powell, City Clerk, City of Jefferson, Missouri P.T. - Friday, July 31, 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 PLANNING AND ZONING COMMISSION July 9, 2009 5:15 p.m. COMMISSION MEMBERS PRESENT ATTENDANCE RECORD Mike Berendzen, Chair 1 of 2 Randy Bickel 2 of 2 David Hagan 2 of 2 John Lake 2 of 2 J. Rick Mihalevich 2 of 2 David Nunn 1 of 2 Ralph Robinett, Vice Chairman 2 of 2 Jack Deeken, Alternate 2 of 2 Scott Stacey, Alternate 2 of 2 COMMISSION MEMBERS ABSENT Bob George 0 of 2 Chris Yarnell 1 of 2 Chris Jordan, Alternate 1 of 2 EX-OFFICIO MEMBERS PRESENT Eric Struemph, City Council Liaison STAFF PRESENT Janice McMillan, Deputy Director of Planning & Transportation Services Drew Hilpert, Associate City Counselor Eric Barron, Senior Planner David Bange, Engineering Division Director Shane Wade, Civil Engineer II Anne Stratman, Administrative Assistant New Business Case No. P09024—801 W. High Street; Rezoning from RA-2 to C-2. Application filed by Frederick VanLoo, authorized representative, A-OK Sales and Rentals, property owner, to rezone 0.15 acres from RA-2 High Density Residential to C-2 General Commercial. The property is located on the southwest corner of West High Street and Clay Street. The property is described as part of Inlot No. 407, Jefferson City, Cole County, Missouri. Mr. Barron described the proposal and explained that the Applicant is proposing a zoning of C-2 General Commercial to the make property available for commercial use. He stated that when a residential property is converted to a commercial use that property will have to meet normal parking requirements. Mr. Barron explained that the parking requirements could be satisfied either by construction of a parking lot or leasing surrounding spaces. Mr. Frederick VanLoo, 5601 Rolir, i Road, Authorized Representative, spoke regarding this request and explained that the subject. property is currently vacant and he is proposing to rezone it to commercial to make it more desirable for potential buyers. He stated that the property would be ideal for office use. No one spoke in opposition to this request. Correspondence in favor of this request was received from Joseph Bryan, 304 Bolivar Street. Mr. Barron gave the Planning Division staff report and explained that the rezoning request would be an expansion of an existing C-2 General Commercial zoning district. He stated that there is some concern that a C-2 zoning would allow uses that might not be compatible with some of the surrounding residential uses in this area. Mr. Barron explained that staff would be in support of a revised rezoning request to C-1 Neighborhood Commercial which allows for potential uses such as offices, general retail and personal services. He stated that the subject property is in the vicinity of several residential uses and C-1 zoning would be preferable. Excerpt of Unapproved Minutes/Jefferson City Planning &Zoning Commission Page 2 July 9, 2009 Ms. McMillan clarified that the RA-2 zoning district prior to 2002 allowed for office uses including medical office uses as a conditional use. She suggested that perhaps an approach would be to apply the zoning that has the least intensity but still accomplishes the purpose. After additional discussion, Mr. VanLoo stated that he has no objections to staff's recommendation to rezone the subject property to C-1, Neighborhood Commercial instead of C-2 General Commercial. Mr. Lake moved and Mr. Bickel seconded to recommend approval of rezoning 801 W. High Street from RA-2 High Density Residential to C-1 Neighborhood Commercial to the City Council. The motion passed 8-0 with the following votes: Aye: Bickel, Deeken, Hagan, Lake, Mihalevich, Nunn, Robinett, Stacey City of Jefferson Planning & Zoning Commissfo1, VICINITY CL i / i j a � _ 801 W. High Street 125 62.5 0 125 Feet v W -E Rezoning from RA-2 to C-2 S City of Jefferson Planning & Zoning Commissi®n LOCATION , i W-N e'tL f HIV ° 4 FY A 41 AV � � l x r Yy✓ - Alc `._ t� n 3p" fe 4 P 40 20 0 40 Feet N 801 W. High Street w E Rezoning from RA-2 to C-2 S APPLICATION FOR ZONING_ ORDINANCE AMENDMENTS l Date Received City of Jefferson - Planning Division Department of Community Development 320 East McCarty Street D_PF,KT!;irT OF Jefferson City, Missouri 65101 COh4tF,Ui 1Tl` DEVELOWENT 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, Mis�-ouri, for the following amendment to the Zoning Code Zoning Text Amendment (Describe below or attach complete narrative; complete "Applicant"information Article and Section Affected (if applicable) Description of proposed text amendment: r !e ky/Zoning Map Amendment (Rezoning of Real Estate) The undersigned hereby state they are the owners of the following described real estate (legal description must be printed below or attached as an xhibit): 3 Property Address: C) l i.•- _: i Legal/Property Description. rk sVp ist(,� fit 'radl< c� 7reF r ,�i�,e' s." .KA�'t�r Who petition to rezone the above described real estate from its present status of to district. The purpose,7of this rezoning request is to�� ALL OWNERS OF REAL PROPERTY PROPOSED TO BE REZONED MUST SIGN THE APPLICATION,AND ALL SIGNATURE MUST BE NOTARIZ D. =AD AL GNATURES ARE NEEDED, PLEASE ATTACH SEPARATE SHEETS. Prop rty O ner 1 Name (type orprint) Property Owner Signature Property Owner#2 Name (type or print) II Pro erty Owner Signature Nwom i fore me this Y n day of in the ear �V No y ate of Notary Seal 6tate of Missouri Co MmIstioned for Ossde CountY Notary Public My GomrnMion Expires;August 27,2011 - rt�ission Nu ber: S$ Address of Property Owner#1: ��f- �!yf0Z, /)V / / o 5b Al C Address of Property Owner#2 Phone Number(s): 37.5' eat' Applicant Information (if different from property owner): Name: Address: Phone Number For City Use Only: Application Filing Fee $200 Payment Received: Cash (Indicate Receipt# ) Check(Copy; indicate check # ) Attachments: Additional sheets or documentation Applicant/Project Information Sheet Location Map Page 1 of 1 May 6,2002 GENERAL WARRANTY DEED � I r� i fL o Onbria='e, Made on the 24th day of OL'ROBER A.U., 19 97 by and between 0=1 t Pa n tTarit ter, a 3 i n�3 �pt firmnrl 4tPr7 i n 1_ VnT m �~ ini nt tr anf-a Lint] not as tenante rrrr= urif h -ri qht,nf sunraiuca-chiip - of the Countv of _rr11a in the State of Missouri, part _rzc_of the First Part, and Grantees mailing address 801 West High Strent,_,]{_FN-T'snn City, Migsouri F51ni of the Countv of C`nlp , in the State of Missouri, party of the Second Parl: WITNESSETH, That the said part Jes of the First Part in consideration of the sum of Qne -Dollar—and Otbj= 57&1 i hl a Consid4*Sd±:i on RMOM to them _paid by the said part_y L___of the Second part, the receipt of which is hereby acknowledged, do _—by these presents, GRANT, BARGAIN, AND SELL, CONVEY AND CONFIRM unto the said part_It_.nf the(Second Part,._r11,5 _heirs and assigns, the following described lots, tracts or parcels of land lving, beingland situate in the County of Cofe;-S4te of Missouri to wit: I The northerly; 128 feet 9 inches of the easterly 52 feet 2 inches of Inlot No. 407, in the City Of Jefferson, Missouri, and more particularly described as follows: Beginning at the northeasterly corner of said Inlot No. 407; thence westerly along the northerly line of said Inlot, 52 feet 2 inches; thence southerly parallel with Clay Street, 128 feet 9 inches; thence easterly parallel with the northerly line of said Inloi:, 52 feet 2 inches, to the easterly line of said Inlot; thence northerly along the said easterly line, 128 feet 9 inches to the point of the beginning. i I TO HAVE AND TO HOLD the premises aforesaid, with all and singular the rights,privileges,appurtenances and immunities thereto belonging or in anywise appertaining, unto the said part �r of the Second Part and unto itc _heirs and assigns FOREVER, the said CharlP; 11 Vaara.00 .ana firer I in T V;grj,m hereby covenanting that theV lawfully seized of an indefeasible estate in fee in the premises herein conveyed; that +-hay ha ire good right to convey the same: that the said premises are free and clear of any incumbrances done or suffered by +hem or those under whom f-bey claim and that they will warrant and defend the title to said premises unto the said part y of the Second Part, and unto_i' heirs and assigns FOREVER, against the lawful claims and demands of all persons whomsoever f� IN WITNESS WHEREOF, the said part_JESof the First Part ha_Ve hereunto set_-thPirhand s and seai the clay and year first above written. C les A. V c St er g VanLoo (Names Mu,;t He 'Typed or Printed under All Signatures) c,ty 0 J rF�q o \� City of Jefferson John Lal�dwehr >e Mayor Department of Community Development Patrick E. Sullivan, P.E.; Director 320 East McCarty Street Phone: (573) 634-6410 Jefferson City, Missouri 65101 Fax: (573) 634-6457 June 25, 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, July 9, 2009 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. P09024 — 801 W. High Street; Rezoning from RA-2 to C-2. Application filed by Frederick VanLoo, authorized representative, A-OK Sales and Rentals, property owner, to rezone 0.15 acres from RA-2 High Density Residential to C-2 General Commercial. The property is located on the southwest corner of West High Street and Clay Street. The property is described as part of Inlot No. 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 August 17, 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 E.' t `5 Eric Barron, AICP Senior Planner Pk City/ Of'/! I I I# ;1 its jCOMMUNITY DEVELOPMENT �� 1 Jefferson City Planning & Zoning Con-inlission Page I Property Owners List ` Case No. P09024 801 W. High Street July 9, 2009 Reagan, Michelle R Green, Jerry J Construction Co LLC 718 W. High Street 516 N. Eagle Trace Jefferson City, MO 65101 Jefferson City, MO 65109 718 W. High Street 720 W. High Street Bryan, Joseph T Missouri Academy of Family Physicians 304 Bolivar Street 722 W. High Street Jefferson City, MO 65101 Jefferson City, MO 65101 716 W. High Street 722 W. High Street 719 W. High Street Missouri Hwy& Transportation Comin. A - OK Sales and Rentals Inc PO Box 718 624 Shawnee Rd Jefferson City, MO 65102 Kansas City, KS 66103 217 Fulkerson St 801 W. High Street (Subejct Property) McMichael, Henry A & Myrtle M Kivett, Florence A 2660 Foxfire Lane 727 W. High Street, Rear Holts Summit, MO 65043 .Jefferson City, MO 65101 210 Clay Street 727 W. High Street Hartley, Brian C Division of Facilities Management Perry, Lindsay T Design& Construction Leasing Section 6424 Palmetto Point Attn: Lisa Cavender Jefferson City, Mo 65109 PO Box 809 212 Clay Street Jefferson City, MO 65102 302 Clay Street Steward, Mark D &Alice 1 1906 Hayselton Drive Hager, Dorothy B Jefferson City, MO 65109 725 W. High Street 214 Clay Street Jefferson City, MO 65101 725 W. High Street Throneberry, Thomas G & Billye S 802 W. High Street Schierhoff, Judith A Jefferson City, MO 65101 305 Clay Street 802 W. High Street .Jefferson City, MO 65101 305 Clay Street Missouri American Water Co D/B/A JC Water Works Eubank, Timothy B & Lisa S 727 Craig Road 229 Hunters Run Road St Louis, MO 63141 Jefferson City, MO 65109 909 W. Main Street 800 W. High Street Family Care Associates J C LLC J S M Rentals, LLC 701 W. High Street 4619 Henwick Lane Jefferson City, MO 65101 Jefferson City, MO 65109 701 W. High Street 211 Clay Street Jefferson City Planning&Zoning Commission Pale 2 Property Owners List Case No. P09024 801 W. High Street July 9, 2009 Bode, Mary L Binkley, Virginia P 307 Clay Street 1214 Dogevood Drive Jefferson City, MO 65101 Jefferson City, MO 65109 307 Clay Street 803 W. High Street 309 Clay Street Onder, Robert Frank Jr&Allison Kovac Gilstrap Properties LLC 2090 Key Harbour Drive 1522 Notting Hill Drive Lake Saint Louis, MO 63367 Jefferson City, MO 65109 723 W. High Street 720 W. McCarty Street McClure, Matthew Newquist, Peter& Mary Gant 31 1 Clay Street 614 Hobbs Road Jefferson City, MO 65101 Jefferson City, MO 65109 311 Clay Street 718 W. McCarty Street Ward, William S & Evelyn Duncan, Viola Joyce Ward, Paul D Bates, Jermy Laverna 1915 Whitney Woods Drive. 915 W. High Street Jefferson City, MO 65101 Jefferson City, MO 65109 913 W. High Street 915 W. High Street Capital Area Investments LLC Lynn, Patrick A & Becky K PO Box 6712 1212 Elmerine Avenue Jefferson City, MO 65102 Jefferson City, MO 65101 310 Fulkerson Street 903 W. High Street Missouri American Water Company Patterson, David E &Victoria M 906 W. High Street Box 250 Jefferson City, MO 65109 Westphalia, MO 65085 909 W. Main Street 901 W. High Street Absolute Hospitality LLC 904 W. Main Street Jefferson City, MO 65109 308 Fulkerson St Riback Holding& Investment Assn PO Box 937 Columbia, MO 65201 912 W. McCarty Street Luebbering, Norbert H& Vera L Luebbering, Lawrence S & Mary J 4615 Henwick Lane Jefferson City, MO 65109 312 Fulkerson St PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMSSION July 9,2009 Case No. P09024 — 801 W. High Street; Rezoning from RA-2 to C-2. Application filed by Frederick Val-Loo, authorized representative, A-OK Sales and Rentals, property owner, to rezone 0.15 acres from RA-2 High Density Residential to C-2 General Commercial. The property is located on the southwest corner of West High Street and CIay Street. The property is described as part of Inlot No. 407, Jefferson City, Cole County, Missouri. Nature of Request This rezoning request is for a small tract of land that consists of 0.15 acres. The property is currently zoned RA-2 multi-family residential and a residential style structure exists on the property. Use of the property as a bed and breakfast was approved through a conditional use permit on May 11, 1993, by the Board of Adjustment. The applicant is proposing a zoning of C-2 General Commercial. The purpose of the proposed rezoning is to make the property available for commercial use. Zoning and SurroundinLy Land Use Current Zoning: RA-2 Current Use: Vacant Bed and Breakfast/Residential Requested Zoning: C-2 Intended Use: Commercial Surrounding,Zoning Surrounding Uses North C-O Insurance Office South RA-2 _ Vacant Property(owned MoDOT) East C-2 Beauty Salon West I RA-2 j Hi hwa Right-of-way Allowed Uses: Allowed Uses: The C-2 General Commercial zoning district allows for a variety of land uses including general retail, offices, hotels, sit-down or drive through restaurants, banks, automobile sales, automobile repair, contractor and trade shops, and gas stations. Staff Analysis 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 flood 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 an existing district(across Clay Street)and a larger C-2 zoning district exists a short distance down public right-of- 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 zonin 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 movertv 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 public development in the area. After rezoning, the allowed uses would be X The property is adjacent to a C-O district across compatible with uses allowed in adjacent districts High Street and a C-2 district across Clay Street. Planning and Zoning Commission July 9, 2009 Case No. P09024 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,the property is immediately adjacent to several commercial businesses and a major highway. If not rezoned, the owner would be deprived of use X Several surrounding properties are currently used as advantages enjoyed by surrounding owners commercial businesses. (reverse sot zonin ) _ The requested rezoning would be an expansion of X The requested zoning would be an expansion of the an existing district adjacent C-2 zoning district across Cla Street. Approve Deny I Neutral Staff Recommendation X Staff Recommendation Rezoning Request: This rezoning request would be an expansion of an existing C-2 General Commercial zoning district and is in conformance with the development plan map of the comprehensive plan. The property is located 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. While a C-2 zoning may be appropriate for the property, a zoning of C-1 Neighborhood Commercial would allow many of the ideal uses for the property (such as offices, general retail, and personal services) while protecting the existing residential uses in the area from the more intensive uses allowed within the C-2 district. Staff are in support of the request to rezone the property from RA-2 to C-2. Staff would also be in support of a revised request to rezone the property to C-1 Neighborhood Commercial. Staff recommends the following: 1. Approval of the request to rezone the property from RA-2 to C-2. PLANNING & ZONING COMMISSION CORRESPONDENCE RECEIVED Case No. P09024 801 W. High Street July 9, 2009 Sender Senders Address How Received Joseph Bryan 304 Bolivar Street Fax FROM : FR,°; NO. Jul. 09 2009 09:50RM P1 I I I i Jo Bryan Real Estate Insurance 14 Bolivar Street JV-fferson City, Mn 65101 Phone&Fax(573) 635-9900 Ljti'annfarmcrsa;ent.cony i JalY 7, 2009 I City of Jefferson --.Eric Barron Planning&Zoning Commission 320 E. McCarty Street Joffe6on City,MC 651O1 Re: iCase #P09024-801 West High to C-2 DearIMr, Barron; I currently own 4 properties in the immediate area(70 West High, 719 West High,304 BoliY�r and 704 Cliff Street). I would like to see a blanket change to make all these prop�lrties in the area C-2. The current owners could either leave their houses as a residential or make them C-2 if needed. If you surveyed the neighborhood you would see that it is spot-zoned now which is confusing. Pleas I Ir feel free to contact me at any time. i ectfully submitted; i Jo. P(h T. B cyan