HomeMy Public PortalAboutORD14473 BILL NO. 2008-128
• SPONSORED BY Councilman Klindt
ORDINANCE NO. 140"7 3
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 5.31 ACRES FROM RS-2 SINGLE FAMILY RESIDENTIAL AND M-1 LIGHT
INDUSTRIAL TO C-2 GENERAL COMMERCIAL, FOR LAND ADDRESSED AS 3025 ROBINSON
ROAD, DESCRIBED AS PART OF THE EAST HALF OF THE NORTHEAST FRACTIONAL
QUARTER OF SECTION 22,TOWNSHIP 44 NORTH, RANGE 11 WEST,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 RS-2 Single Family Residential
and M-1 Light Industrial to C-2 General Commercial: Part of the East Half of the Northeast Fractional
Quarter of Section 22, Township 44 North, Range 11 West, in the City of Jefferson, Cole County,
Missouri, more particularly described as follows: From the southeast corner of said East Half of the
Northeast Fractional Quarter of Section 22; thence N89 041'20"W, along the Quarter Section Line,
735.52 feet to a point in the centerline of a public road known as Robinson Road; thence
N4601 0'08"W, along the centerline of said Robinson Road, 38.46 feet to the POINT OF BEGINNING
• for this description; thence N46 010'08"W, along the centerline of said Robinson Road, 40.70 feet;
thence northwesterly, along the centerline of said Robinson Road, on a curve to the right, having a
radius of 1146.26 feet, an arc length of 330.10 feet, (the chord of said curve being N37 055'08"W,
328.96 feet); thence N29 040'08"W, 122.67 feet; thence S89 000'56"E, 209.48 feet; thence
N30 050'47"W,349.39 feet;thence N88 040'23"E,200.58 feet;thence S01 038'39"W,68.89 feet;thence
S47 047'15"E, 467.84 feet; thence S42 012'45"W, 421.38 feet to the POINT OF BEGINNING.
Containing 4.38 acres; and, that portion of the adjacent right-of-way of East McCarty Street and
Robinson Road lying between the centerline of said roadways and the above described property,
containing 0.93 acres. Containing, in all, 5.31 acres.
Section 2. This ordinance shall be in full force and effect from and after its passage and
approval.
Passed: G ��� Approved:
re iding Officer or
ORM:
. b' y-61 ark City Counselor
EXCERPT OF UN-APPROVED MINUTES
JEFFERSON CITY PLANNING AND ZONING COMMISSION
January 8, 2009
• 5:15 p.m.
COMMISSION MEMBERS PRESENT ATTENDANCE RECORD
Mike Berendzen, Chair 6 of 7
Randy Bickel 4 of 7
Bob George 5 of 7
David Hagan 4 of 7
J. Rick Mihalevich 4 of 7
Ralph Robinett, Vice Chairman 6 of 7
Jack Deeken, Alternate 5 of 7
Chris Jordan, Alternate 5 of 7
COMMISSION MEMBERS ABSENT
John Lake 4 of 7
David Nunn 5 of 7
Chris Yarnell 5 of 7
Scott Stacey, Alternate 0 of 1
EX-OFFICIO MEMBERS PRESENT
Mike Harvey, Alternate City Council Liaison
STAFF PRESENT
Janice McMillan, Deputy Director of Planning & Transportation Services
Drew Hilpert, Associate City Counselor
Eric Barron, Senior Planner
Shane Wade, Civil Engineer II
Anne Stratman, Administrative Assistant
New Business
Case No. P09002 — 3025 Robinson Road; Rezoning from RS-2 to C-2.
Application filed by DHR Properties LLC, property owner, Don Renkemeyer,
authorized representative, to rezone 4.38 acres from RS-2 Low Density Residential
to C-2 General Commercial. The property is located on the northeast corner of
Robinson Road and East McCarty Street and is described as part of the East Half of
the Northeast Fractional Quarter of Section 22, Township 44 North, Range 11 West,
in the City of Jefferson, Cole County, Missouri. The complete property description is
on file at the Department of Community Development. (Central Missouri
Professional Services, Consultant)
Mr. Barron explained that the rezoning request is for a portion of a larger tract of land
consisting of 14.4 acres of which approximately 1.1 acres are zoned C-2. He stated that
the proposed rezoning request would expand the existing C-2 zoning district by 4.38
acres, with the remainder of the property remaining zoned RS-2 and C-1. Mr. Barron
stated that the property owner has also submitted a request to vacate a portion of the
right-of-way at the intersection of E. McCarty Street and Robinson Road. He explained
that this request has been forwarded to the Public Works and Planning Committee.
Mr. Duane Schreimann, Schreimann, Rackers, Francka & Blunt, LLC, 2316 St.
Mary's Boulevard, Suite 130, spoke on behalf of DHR Properties, LLC. Mr. Schreimann
explained that the L-shaped portion on the northwest side of the subject property is
currently zoned C-2 and the property to the southeast is currently zoned C-1. He stated
that the residential buffer to the northeast will remain zoned RS-2. Mr. Schreimann
explained that currently there are no specific plans for this property. He stated that
rezoning this tract to C-2 makes the property more compatible with the surrounding
businesses.
Excerpt of Unapproved Minutes/Jefferson City Planning &Zoning Commission Page 2
January 8, 2009
Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street,
• spoke regarding this request. Mr. Bates distributed (1) a composite visual that gives an
overall view of the rezoning requests for Robinson Road and City View Drive and; (2) a
site visual for Robinson Road and E. McCarty Street. Mr. Bates explained that the 1996
Comprehensive Plan Update identified the new 50/63 interchange as a much needed
transportation improvement. He stated that the City and County have identified
improvements to E. McCarty Street as well. Mr. Bates explained that it is unlikely that a
significant portion of the C-1 and C-2 zoned portion of the subject property will be
developed because of issues with the terrain. He stated that this is an ideal location for
future development and commercial zoning would complement the surrounding uses.
No one spoke in opposition to this request. Correspondence was received from Mr.
and Mrs. Ronald G. Hurley, 2924 Algoa Road.
Mr. Barron gave the Planning Division staff report and explained that this 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. He explained
that in an effort to unify the zoning of the property in the event the requested right-of-way
vacation is approved, staff recommends that the zoning boundary between the C-2
zoning proposed for the property and the M-1 zoning on the opposite side of Robinson
Road and E. McCarty Street be established as the centerline of the two streets.
Mr. Bickel moved and Mr. Jordan seconded to recommend approval of rezoning
3025 Robinson Road from RS-2 to C-2 with the C-2 / M-1 zoning boundary adjacent to
the property established as the centerline of E. McCarty Street and Robinson Road, to
the City Council. The motion passed 7-0 with the following votes:
Aye: Bickel, Deeken, George, Hagan, Jordan, Mihalevich, Robinett
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APPLICATION FOR ZONING ORDINANCE AMENDMENTS
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;complete 'Applicant"information
Article and Section Affected (if applicable)
Description of proposed text amendment:
,4 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 a exhibit):
Property Address: C'd`A,e f � ;A.-5b A/ Al � �
Legal/Property Description:
Who etition to rezone the above described real estate from its present status of
6 5•'� to G•L district. Th ur Pose of this rezoning request t is to��,�s„
ALL OWNERS OF REAL PROPERTY PROPOSED TO BE REZONED MUST SIGN THE APPLICATION,AND ALL SIGNATURE
MUST BE NOTARIZED. IF ADDITIONAL SIGNATURES ARE NEEDED,PLEA ATT A TE SHEETS.
�D�, eiUIJ�m�yof
b -
Property Owner#1 Name (type or print) roperfy Owner Signature ll
/" R �/4�/�rT�' � � L L C
Pro e or riot Property Owner Signature
Gregory Dorge
Sub cribed �94 #�l►�efl� af1�3�� day of �•�'���� in the year Zoo
STATE OF MISSOURI
Cole County
Commission#07207069 Not Public
My Commission. Expires August 20,2011
�..
Address of Property Owner#1:
Address of Property Owner#2
Phone Number(s): /.
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
ZONING MAP AMENDMENTS
Review Criteria
Renkemeyer Property
Robinson Road
CMPS Job # 07-023
December 9, 2008
a. The existing zoning was in error at the time of adoption.
There was no error at the time of plan adoption although this property was apart
of the Ortmeyer Farm that was divided and sold in parcels this past year.
b. There has been a change in character in the area due to installation of public
facilities, other zone changes, new growth trends, neighborhood deterioration, or
development transitions.
The area has changed due to transportation improvements along the highway and
the continuing development of commercial/industrial sites along East McCarty
Street.
C. There is a community need for the proposed rezoning.
There is a real need for commercial sites along East McCarty Street.
d. The proposed change is consistent with, and in furtherance of, the implementation
of the goals and policies of the Comprehensive Plan, other adopted plans, and the
policies, intents and requirements of this Ordinance and other City regulations and
guidelines.
Commercial uses continue to surround the site as development and redevelopment
occur.
e. The proposed zoning is compatible with the zoning and uses of property nearby.
Commercial uses border the property on the east, south and southwest.
f. Public and community facilities, which may include, but are not limited to,
sanitary and storm sewers, water, electrical service, police and fire protection,
schools,parks and recreation facilities, roads, libraries, and solid waste collection
and disposal, are available and adequate to serve uses authorized under the
proposed zoning.
All public facilities are available in the area.
• g. A traffic impact analysis has been provided to indicate the potential number of
new trips generated and provisions are provided to mitigate impacts of high
traffic-generating projects.
•
A site specific traffic impact study will be undertaken when a site plan is
submitted if the ordinance requirements are met.
h. Authorized uses shall not adversely affect the capacity or safety of the street
network in the vicinity of the property.
Any anticipated uses for a site with these limitations would not create a negative
impact on the street system.
i. Potential environmental impacts (e.g., excessive storm water runoff, water
pollution, air pollution, noise pollution, excessive lighting, or other environmental
harms) of authorized uses shall be mitigated.
The City has approved a grading plan that when developed with a final site plan
will not cause any environmental issues.
j. There is an adequate supply of land available in the subject area and the
surrounding community to accommodate the zoning and community needs.
There are significant vacant tracts of adjoining land and a significant portion of
this parcel will not be used due to terrain.
• k. Benefits shall be derived by the community or area proposed to be rezoned.
The community will benefit from infill development on the east side of town which
is short of commercial sites.
•
12/9/2008
CMPS Job No.07-023
REZONING DESCRIPTION (C-2)
Part of the East Half of the Northeast Fractional Quarter of Section 22, Township
44 North, Range 11 West, in the City of Jefferson, Cole County, Missouri, more
particularly described as follows:
From the southeast corner of said East Half of the Northeast Fractional Quarter
of Section 22; thence N89 041'20"W, along the Quarter Section Line, 735.52 feet
to a point in the centerline of a public road known as Robinson Road; thence
N46°10'08"W, along the centerline of said Robinson Road, 38.46 feet to the
POINT OF BEGINNING for this description; thence N4601 0'08"W, along the
centerline of said Robinson Road, 40.70 feet; thence northwesterly, along the
centerline of said Robinson Road, on a curve to the right, having a radius of
1146.26 feet, an arc length of 330.10 feet, (the chord of said curve being
N37 055'08"W, 328.96 feet); thence N29 040'08"W, 122.67 feet; thence
S89 000'56"E, 209.48 feet; thence N30 050'47"W, 349.39 feet; thence
N88 040'23"E, 200.58 feet; thence S01 038'39"W, 68.89 feet; thence S47 047'15"E,
467.84 feet; thence S42°12'45"W, 421.38 feet to the POINT OF BEGINNING.
Containing 4.38 acres.
Bearing Base: Missouri Geographic Reference System, Central Zone(NAD83)
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City of Jefferson _
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 Fax: (573) 634-6457
2s
December 23, 2008
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, January 8, 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. P09002 — 3025 Robinson Road; Rezoning from RS-2 to C-2. Application filed
by DHR Properties LLC, property owner, Don Renkemeyer, authorized representative, to
rezone 4.38 acres from RS-2 Low Density Residential to C-2 General Commercial. The
property is located on the northeast corner of Robinson Road and East McCarty Street and
is described as part of the East Half of the Northeast Fractional Quarter of Section 22,
Township 44 North, Range 11 West, in the City of Jefferson, Cole County, Missouri. The
complete property description is on file at the Department of Community Development.
(Central Missouri Professional Services, 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
February 16, 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.
[DEEPARTMENT OF COMMUNITY DEVELOPMENT
G iu 154Z'7 �r7
Eric Barron, AICP
Senior Planner
Cof,,,,
jii eferson � �
COMMUNITY DEVELOPMENT ;'N'Ait ing a be ter comnn.mity`
Jefferson City Planning&Zoning Commission
Property Owners List
Case No. P09002 3025 Robinson Road January 8, 2009
® Joseph Bryan Scholastic Inc
304 Bolivar Street PO Box 1068
Jefferson City, MO 65101 Jefferson City, MO 65102
.3012 Algoa Road 2932 Me. McCarty Street
3117 Moreau View Drive
William Buehrlen 2931 E. McCarty Street
3986 Scott Robert Drive
Arnold, MO 63010 Enos & Lucille Whitaker
3015 Algoa Road 3018 Algoa Road
Jefferson City, MO 65101
DHR Properties, LLC 3018 Algoa Road
426 E. High Street
Jefferson City, MO 65101 David Wilbers
Robinson Road (Subject Property) 9130 Highway 50 E
Jefferson City, MO 65101
Ronald & Katherine Hurley 2921 E. McCarty Street
2924 Algoa Road
Jefferson City, MO 65101
2924 Algoa Road
Louise Julius
3009 Algoa Road
Jefferson City, MO 65101
3009 Algoa Road
Betty Little
3016 Algoa Road
Jefferson City, MO 65101
3016 Algoa Road
Dennis Lock
3005 Algoa Road
Jefferson City, MO 65101
3005 Algoa Road
Leonard & Margaret Muenks
6315 Village Road
Jefferson City, MO 65101
3022 Algoa Road
Richard Sanderson
3008 Algoa Road
Jefferson City, MO 65101
3008 Algoa Road
(Revised)
PLANNING STAFF REPORT
JEFFERSON CITY PLANNING AND ZONING COMMISSION
January 8,2009
Case No. P09002 —3025 Robinson Road; Rezoning from RS-2 to C-2. Application filed by DHR Properties LLC,
property owner, Don Renkemeyer, authorized representative,to rezone 4.38 acres from RS-2 Low Density Residential to
C-2 General Commercial. The property is located on the northeast corner of Robinson Road and East McCarty Street and
is described as part of the East Half of the Northeast Fractional Quarter of Section 22, Township 44 North, Range 1 I
West, in the City of Jefferson, Cole County, Missouri. The complete property description is on file at the Department of
Community Development. (Central Missouri Professional Services,Consultant)
Nature of Request
This rezoning request is for a portion of a larger tract of land consisting of 14.4 acres. A small portion of the
property (approximately 1.1 acres) is currently zoned C-2, this rezoning request would expand the existing C-2
zoning district by 4.38 acres for a total district size of approximately 5.5 acres. The remainder of the property
would remain zoned RS-2 and C-1. The stated purpose for the rezoning request is to allow commercial
development on the property.
The property owner has also submitted a request to vacate a portion of the right-of-way at the intersection of
E. McCarty Street and Robinson Road. This request has been forwarded to the Public Works and Planning
Committee and is scheduled to be introduced to the City Council at the same meeting as this rezoning
request.
Zoning and Surrounding Land Use
Current Zoning: RS-2 Current Use: Vacant
Requested Zoning: C-2 Intended Use: Commercial
®
Surrounding Zoning Surrounding Uses
North C-2/RS-2 Commercial/Single Family
South M-1 Distribution Center
East RS-2/C-1 Vacant Property
West M-1 Distribution Center
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 could be reasonably extended to
serve the property.
Located outside flood zone X The property does not lie within the 100 year
flood lain.
Meets district size requirement X The proposed rezoning exceeds the minimum
district size requirement of one acre.
Commercial districts do not receive primary access X Access to the property would be off of Robinson
from local street abutting residential district Road or E.McCarty Street
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 public I development along E. McCarty Street.
Planning and Zoning Commission January 8, 2009
Case No. P09002 Page 2
After rezoning, the allowed uses would be X Much of the nearby property is zoned M-1,
compatible with uses allowed in adjacent districts however, commercial zoning is prevalent along E.
McCarty Street.
After rezoning, the allowed uses would be X There are numerous commercial operations along E.
compatible with adjacent existing land uses McCarty Street in the vicinity of this ro e
If not rezoned, the owner would be deprived of use X Most of the other property owners with frontage
advantages enjoyed by surrounding owners along this section of E. McCarty Street enjoy
(reverses of zoning) commercial or manufacturing uses of their property.
The requested rezoning would be an expansion of X The requested zoning would be an expansion of the
an existin district adjacent C-2 zoning district.
Approve Deny 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 E.
McCarty Street (a minor arterial roadway) and several other businesses exist in the vicinity of the property. Staff
recommends approval of the request to rezone the property from RS-2 to C-2. In an effort to unify the zoning of
the property in the event the requested right-of-way vacation is approved, staff recommends that the zoning
boundary between the C-2 zoning proposed for the property and the M-1 zoning on the opposite side of
® Robinson Road and E.McCarty Street be established as the centerline of the two streets.
Staff recommends the following:
1. Approval of the request to rezone the property from RS-2 to C-2 with the C-2 / M-1 zoning boundary
adjacent to the property established as the centerline of E.McCarty Street and Robinson Road.
PLANNING & ZONING COMMISSION
® CORRESPONDENCE RECEIVED
Case No. P09002
3025 Robinson Road
January 8, 2009
Sender Senders How Date
Address Received Received
Mr. & Mrs. Ronald G. Hurley 2924 AI oa Road Email 1/7/2009
Page 1 of 2
Stratman, Anne
® From: McMillan, Janice
Sent: Thursday, January 08, 2009 9:19 AM
To: Kathy Hurley
Subject: RE: rezoning of case no. Po9002-3025 Robinson Road
Kathy,
The C-2 district allows for a wide variety of commercial uses, including some that occur on East
McCarty Street and on Missouri Boulevard, such as restaurants, convenience stores, general retail,
offices, etc. The zoning code does have some protection for residential zoned property, such as
bufferyards and control of lighting so that it doesn't create glare into adjoining property. Please let me
know if you have any more questions.
ja4aZc.e.,McMaIa4,, AICP
Planning &Transportation Services
City of Jefferson
320 East McCarty Street
Jefferson City, Missouri 65101
Direct: 573.634.6424/Main:573.634.6410
www.jeffcitymo.org/cd
From: Kathy Hurley [mailto:kahrgh29242 @yahoo.com]
Sent: Wednesday, January 07, 2009 6:12 PM
To: McMillan, Janice
Subject: RE: rezonning of case no. Po9002-3025 Robinson Road
•
Thanks, Janice.
Can you tell me what kind of business would be included in this new zoning if it does change? We
wouldn't be as bothered by some as others of course.
Kathy Hurley
--- On Wed, 1/7/09, McMillan, Janice <IMcMi1Ian 4effcitymo.org>wrote:
From: McMillan, Janice<JMcMillan @jeffcitymo.org>
Subject: RE: rezonning of case no. Po9002-3025 Robinson Road
To: "Kathy Hurley" <kahrgh29242 @yahoo.com>
Date: Wednesday, January 7, 2009, 11:28 AM
Thank you for your comments regarding this case. Your email will be printed and distributed to the
Planning & Zoning Commission, and will be made part of the official record that is transmitted to the
City Council.
ja.A,Lcci M04 llaM, AICP
Planning &Transportation Services
City of Jefferson
320 East McCarty Street
Jefferson City, Missouri 65101
Direct: 573.634.6424/ Main : 573.634.6410
1/8/2009
Page 2 of 2.
www.jeffcitymo.org/cd
From: Kathy Hurley [mailto:kahrgh29242 @yahoo.com]
Sent: Wednesday, January 07, 2009 10:42 AM
To: McMillan, Janice
Subject: rezonning of case no. Po9002-3025 Robinson Road
Dear Mr Barron,
Our property at 2924 Algoa Rd borders this property on Robinson Rd. We are, of course, very interested
and concerned in the rezoning of this property.
We have lived in this home 24 years and have invested much money over the years in updating and
improving it.
We are concerned that the value of our property will be affected by business being right behind our
home.
We plan on being at the meeting this afternoon but just in case I wanted to email you this letter of our
opposition to this reonning.
i
Mr and Mrs Ronald G Hurley
2924 Algoa Rd
Jefferson City , Mo 65101
573-636-7874
1/8/2009