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Home My Public Portal AboutORD14356 BILL NO. 2008-7 • SPONSORED BY COUNCILMAN Klindt ORDINANCE NO. 14 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 0.56 ACRES FROM RA-2 HIGH DENSITY RESIDENTIAL TO C-O OFFICE COMMERCIAL, FOR LAND ADDRESSED AS 2702 E.McCARTY STREET, LOCATED IN PART OF THE SOUTHEAST PART OF PRIVATE SURVEY NO. 2701, TOWNSHIP 44 NORTH, RANGE 11 WEST,JEFFERSON CITY, COLE COUNTY, MISSOURI AND ENDORSING AN AMENDMENT ON 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. 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 RA-2 High Density Residential to C-O Office Commercial: • Part of the Southeast part of Private Survey No. 2701, Township 44 North, Range 11 West, in the City of Jefferson, Missouri, more particularly described as follows: Beginning at a point which is North 12 degrees west, 14.98 chains from a point where the line dividing the east and west half of Section 22, Township 44, Range 11, intersects the middle of the south boundary line of Private Survey No. 2701; thence North 12 degrees west, 4.52 chains to the westerly line of the former Walther's property; thence North 71 degrees east, along an old fence line, 5.21 chains to the south property line of East McCarty Street (formerly Highway No. 50); thence South 49 degrees 30 minutes east, parallel to said East McCarty Street, 5.24 chains;thence South 71 degrees west, 8.31 chains to the point of beginning. EXCEPT that part conveyed to Frank Stratman and wife, by deed of record in Book 168, Page 355, Cole County Recorder's Office. Containing 0.56 acres, more or less. Section 2. An amendment to the Comprehensive Plan Development Plan Map is hereby endorsed to reflect the changes for the area described in Section 1 from High Density Residential to Commercial. -1- • Section 3. This ordinance shall be in full force and effect from and after its passage and approval. Passed: Approved: Presiding Officer Mayor A ST: �i�PP ED FORM: ity CIA City Counselor • -2- EXCERPT OF UN-APPROVED MINUTES JEFFERSON CITY PLANNING AND ZONING COMMISSION April 10, 2008 5:15 p.m. • COMMISSION MEMBERS PRESENT ATTENDANCE RECORD Mike Berendzen, Chair 8 of 10 Randy Bickel 6 of 10 Bob George 6 of 10 David Hagan 4.of 10 Ralph Robinett, Vice Chairman 9 of 10 Jack Deeken, Alternate 8 of 10 Chris Yarnell, Alternate 8 of 10 COMMISSION MEMBERS ABSENT Adam Gresham 6 of 10 Rhonda Hoskins 8 of 10 John Lake 4 of 10 David Nunn 8 of 10 Chris Jordan, Alternate 9 of 10 EX-OFFICIO MEMBERS PRESENT Dan Klindt, City Council Liaison STAFF PRESENT Janice McMillan, Deputy Director of Planning &Transportation Services Eric Barron, Senior Planner Drew Hilpert, Associate City Counselor David Bange, Engineering Division Director Anne Stratman, Administrative Assistant • Case No. P08009 — 2702 E. McCarty Street; Rezoning and Comprehensive Plan Amendment. Request filed by Julie and Shaun Schmitz, property owners, to rezone approximately 0.56 acres from RA-2 High Density Residential to C-O Office Commercial. The property is located on the south side of McCarty Street approximately 700 feet west of Brookdale Drive and is described as part of the Southeast part of Private Survey No. 2701, Township 44 North, Range 11 West, in the City of Jefferson, Missouri. Ms. Julie Schmitz, 3800 Old Shamrock Road, spoke regarding this request and explained that the purpose of the rezoning request is to allow for expansion of her existing day care center. No one spoke in opposition to this request and no correspondence was received. Mr. Barron gave the Planning Division staff report and explained that a conditional use permit to operate a daycare on the property was granted by the Board of Adjustment on November 8, 1994. He stated that, under the current zoning code, daycare centers are no longer a conditional use in the RA-2 zoning district and expansion of the existing day care center would require rezoning to a classification that permits such uses. Mr. Barron explained that the subject property lends itself well to a C-O zoning designation and staff recommends approval. Mr. Bickel moved and Mr. Hagan seconded to recommend approval of the rezoning application and comprehensive plan amendment for 2702 E. McCarty Street, to the City Council. The motion passed 6-0 with the following votes: Aye: Bickel, Deeken, George, Hagan, Robinett, Yarnell • City of Jefferson Planning & Zoning Commission LOCATION ry IUM 4-Fq R� Y tr .3tf �� a Xf n£,v -1•,;,�� S�'4�a,1 r y µ��f.. y 3, �' `. y f a PS" •>,� 4� s a .`�x� y R s '•. 'nk aNi", �+ x § Tx e sa gn a k ��` 'p�N �!.� �5� .3�a j�4�� 'Yx ��'� '�t .' w$ rt _ r � �\\ � +� �a$�'��}%�srs•' e + z °•n_-< g�s6 a _ F t'2� �-s� n r.. � � �y. � �.� �'�� to "s` v N Rezoning from 190 95 0 190 Feet w E RA-2 to C-O S 2702 E. McCarty St. • APPLICATION FOR ZONING ORDINANCE AMENDMENTS Dale 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: C•'(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 L qxh it Property Address: a70� e-�. 156 n Legal/Property Description: See 01jadle Who petition to rezone th above described real estate from its present status of a2 to �- 0 di,5trict. The purpose of this rezoning request is to v x 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 SEPA E S EETS- Pro erty Owner#7 Name (type or print) o rty Owner ignatu Property Owner#2 Name (type or print) P/r�operty/O/wner Signature i1 SubLNdM �Ardl�lr6�1�1 (*fore me this day of l V Tara c in the year Uy� Notary Public-Notary Seal I n , . � q �r�� STATE OF MISSOURI ( A. PW_b j Sch County of Osage Notary Public My Commission Expires 1/15/2012 �nmrni�cginn 4�nAA71!t�n Address of Property Owner#1: -3900 Address of Property Owner#2 5'a Er,e- Phone Number(s): /S7 �� /,> > - �' S� r, �7 Z /'H%/ L�16 92;9 7 �� — 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 J 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 Plan or Development Plan Land Use Map. O Text Amendment XMap 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 trends that were reasonably foreseeable to exist in the future. b. Whether events subsequent to the Comprehensive Plan adoption have invalidated the Commission's 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 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 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. h. Whether there will benefits derived by the community or area by the proposed change. Amendment Requested y: _Property Owner DS;4ature OPlannin d ning Corn ission Name (typed or printed) Applicant Information: J// �. S`h u!� V Ghmdz, Property Owner Name G[Gf Address 2 —1 o S/t7 Phone Number(s): /5 7 i� Other Applicant Information: Name: Address: Phone Number For City Use Only: Application Filing Fee$200 Application Filing Fee Received: Cash (indicate receipt# ) Check(copy; indicate check# ) Attachments: Narrative Map Applicant/Project Information Sheet Page 1 of 1 May 6,2002 Legal Description Part of the Southeast part of Private Survey No. 2701, Township 44 North, Range 11 West, in the City of Jefferson, Missouri, more particularly described as follows: Beginning at a point which is North 12 degrees west, 14.98 chains from a point where the line dividing the east and west half of Section 22, Township 44, Range 11, intersects the middle of the south boundary line of Private Survey No. 2701; thence North 12 degrees west, 4.52 chains to the westerly line of the former Walther's property; thence North 71 degrees east, along an old fence line, 5.21 chains to the south property line of East McCarty Street (formerly Highway No. 50) ; thence South 49 degrees 30 minutes east, parallel to said East McCarty Street, 5.24 chains; thence South 71 degrees west, 8.31 chains to the point of beginning. Containing 3 acres, more or less. EXCEPT that part conveyed to Frank Stratman and wife, by deed of record in Book 168, Page 355, Cole County Recorder's Office. • or J Ft* fog 0. John Landwehr City of Jefferson Mayor. • Department of Community Development Patrick E.Sullivan, P.E.; Director 320 East McCarty Street Phone: (573)634-6410 Jefferson City, Missouri 65101 ss Fax: (573)634-6457 March 28, 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, April 10, 2008 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. P08009 — 2702 E. McCarty Street; Rezoning and Comprehensive Plan Amendment. Request filed by Julie and Shaun Schmitz, property owners, to rezone approximately 0.56 acres from RA-2 High Density Residential to C-O Office Commercial. The property is located on the south side of McCarty Street approximately 700 feet west of Brookdale Drive and is described as part of the Southeast part of Private Survey No. 2701, Township 44 North, Range 11 West, in the City of Jefferson, 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 May 19, 2008. 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 C1lr� Eric Barron, AICP Senior Planner City.of - 1111 u1 ens ef erson ? 11 COMMUNITY DEVELOPMENT 'building a better community' Jefferson City Planning&Zoning Commission Property Owners List Case No. P08009 2702 E. McCarty Street April 10,2008 Mike & Sheri Barnes • 2416 Dogwood Bluff Drive Jefferson City, MO 65109 2625 E. McCarty Street Daisy Property Management, LLC 2715 E. McCarty Street Jefferson City, MO 65101 2715 E. McCarty Street 2714 St. Louis Road Daniel & Jacqueline Forck 2628 E. McCarty Street Jefferson City, MO 65101 2628 E. McCarty Street Vernon & Deborah Hemmel 7721 Helias Spur Jefferson City, MO 65101 2708 St. Louis Road Ronald Luecke 13621 Strobel Road Lohman, MO 65053 2702 St. Louis Road Marion & Eulala Miller 1700 Overlook Drive Jefferson City, MO 65109 2620 E. McCarty Street Missouri Electric Co-op 2722 E. McCarty Street Jefferson City, MO 65101 2722 E. McCarty Street Shaun&Julie Schmitz 3800 Old Shamrock Road Jefferson City, MO 65101 2702 E. McCarty Street (Subject Property) • a_ I PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION April 10,2008 . Case No.P08009—2702 E.McCarty Street; Rezoning and Comprehensive Plan Amendment. Request filed by Julie and Shaun Schmitz, property owners, to rezone approximately 0.56 acres from RA-2 High Density Residential to C-O Office Commercial. The property is located on the south side of McCarty Street approximately 700 feet west of Brookdale Drive and is described as part of the Southeast part of Private Survey No. 2701, Township 44 North, Range 11 West, in the City of Jefferson,Missouri. Nature of Request The purpose of the rezoning request is to allow the future expansion of the daycare center that is currently in use on the property. A conditional use permit allowing use of the property as a day care center (maximum of 60 kids) in the RA-2 zoning district was granted by the Board of Adjustment on November 8, 1994. Day care center activities are no longer a conditional use of the RA-2 zoning district and expansion of the day care center would require a rezoning to a classification that permits such use. Zoning and Surrounding Land Use Current Zoning: RA-2 High Density Residential Current Use: Day Care Center Requested Zoning: C-O Office Commercial Intended Use: Day Care Center Surrounding Zoning Surrounding Uses North RA-2 Multi-Family Residential South RS-2 Vacant East RS-2/C-O Electric Company Office/Operations Center West RS-2 Single Family House Allowed Uses: The C-O Commercial Office zoning district allows for a variety of land uses including day care centers, nursing homes, drive-through restaurants,and banks. Staff Analvsis Checklist for a rezoning: Yes No Notes: Complies with Comprehensive Plan X A comprehensive plan amendment has been submitted in association with the rezoning application. Has access to necessary utilities X Has adequate sewer access Located outside flood zone X Not in flood zone Meets minimum district size requirement X There is no minimum size for C-O zoning district Does not receive primary access from local street X Adjacent to McCarty Street abutting residential district Benefit to City is substantial when compared to X The city would benefit from the increased level of adverse affects on adjacent property commercial property. The rezoning would not be a grant of privilege to X The public would benefit from increased the owner with little or no benefit to the public commercial usage of this property. After rezoning, the allowed uses would be X Much of the land in Jefferson City that is adjacent to compatible with uses allowed in adjacent districts McCarty Street is zoned commercial. After rezoning, the allowed uses would be X The property is located in a commercial node at the compatible with adjacent existing land uses intersection of McCarty St. and St. Louis Road. If not rezoned,the owner would be deprived of use X Much of the property surrounding the rezoning advantages enjoyed by surrounding owners proposal is zoned RS-2. However,the much of this (reverse spot zoning) land is undeveloped and likely intended for commercial use • The requested rezoning would be an expansion of X The nearest C-O zoned property is approximately an existing district 200 feet away,however, the adjacent land is undeveloped and likely being utilized in a commercial fashion. II 1 Planning and Zoning Commission April 10, 2008 Case No. P08009 Page 2 Approve Deny Neutral Staff Recommendation X Traffic Access The property currently has access to East McCarty Street. Estimated peak hour traffic generation for the site is 52 vehicles. Staff Recommendation The property is located in a commercial node and much of the property located along East McCarty Street is zoned commercial. The property lends itself well to a C-O zoning designation. Staff recommends approval of the comprehensive plan amendment and rezoning request. I �I I��