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HomeMy Public PortalAboutORD14373 BILL NO. 2008-20 • SPONSORED BY Councilman Klindt ORDINANCE NO. 11+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 0.49 ACRES FROM PUD PLANNED UNIT DEVELOPMENT TO C-O OFFICE COMMERCIAL, FOR LAND ADDRESSED AS 101 ADAMS STREET, DESCRIBED AS PARTS OF INLOTS 114 AND 115, 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 PUD Planned Unit Development to C-O Office Commercial: The north part of Inlot No. 114, in the City of Jefferson, Missouri, more particularly described as follows: Beginning at the southeasterly corner of Adams and Water Streets; thence running easterly along Water Street, 104 feet and 4 '/2 inches; thence southerly parallel with Adams Street, 99 feet 41/2 inches to the north line of the Francis J. Fromme Property;thence westerly along the northerly line of the Francis J. Fromme Property and parallel with Water Street, 104 feet 4 1/2 inches; thence northerly along Adams Street, 99 feet 4 1/2 inches to the place of beginning; ALSO, part of Inlot No. 115 in the City of Jefferson, Missouri, more particularly described as follows: Beginning at the northwesterly corner of said Inlot;thence running in an easterly direction along Water Street, 47 feet; thence in a southerly direction parallel with Adams Street, 110 feet; thence westerly parallel with Water Street, 47 feet to the westerly line of Inlot No. 115; thence in a northerly direction along said westerly line, 110 feet to the place of beginning; ALSO, part of Inlot No. 115 in the City of Jefferson, Missouri, more particularly described as follows: Beginning on the northerly line of said Inlot 4 feet 4 1/2 inches westerly from the northeasterly corner thereof;thence westerly along said northerly line, 53 feet; thence southerly parallel with the easterly line thereof, 110 feet; thence easterly parallel with the northerly line thereof, 3 feet; thence southerly parallel with the easterly line, 9 feet 3 inches; thence easterly parallel with the southerly line, 50 feet;thence northerly parallel with the easterly line thereof, 119 feet 3 inches to the place of beginning. Containing in all 0.49 acres. Section 2. This ordinance shall be in full force and effect from and after its passage and approval. Passed: - Ap r ved: Pres' i Officer or A T: AP ED 7,4 ,ORM: Clerku City Counselor • PUBLIC HEARING NOTICE • Rezoning 101 Adams Street The City Council of the City of Jefferson, Missouri,will hold a public a hearing on Monday,June 16, 2008 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 101 Adams Street from PUD Planned Unit Development to C-O Office Commercial: Section 1. Property Description: The north part of Inlot No. 114, in the City of Jefferson, Missouri, more particularly described as follows: Beginning at the southeasterly corner of Adams and Water Streets; thence running easterly along Water Street, 104 feet and 4 1/2 inches; thence southerly parallel with Adams Street, 99 feet 41/2 inches to the north line of the Francis J. Fromme Property; thence westerly along the northerly line of the Francis J. Fromme Property and parallel with Water Street, 104 feet 4 '/2 inches; thence northerly along Adams Street, 99 feet 4'/2 inches to the place of beginning; ALSO, part of Inlot No. 115 in the City of Jefferson, Missouri, more particularly described as follows: Beginning at the northwesterly corner of said Inlot;thence running in an easterly direction along Water Street, 47 feet; thence in a southerly direction parallel with Adams Street, 110 feet; thence westerly parallel with Water Street, 47 feet to the westerly line of IMot No. 115; thence in a northerly direction along said westerly line, 110 feet to the place of beginning;ALSO,part of Inlot No. 115 in the City of Jefferson,Missouri,more particularly described as follows: Beginning on the northerly line of said Inlot 4 feet 4 1/2 inches westerly from the northeasterly corner thereof; thence westerly along said northerly line, 53 feet; thence southerly parallel with the easterly line thereof, 110 feet; thence easterly parallel with the northerly line thereof, 3 feet; thence southerly parallel with the easterly line, 9 feet 3 inches; thence easterly • parallel with the southerly line, 50 feet; thence northerly parallel with the easterly line thereof, 119 feet 3 inches to the place of beginning. Containing in all 0.49 acres. Section 2.Rezoning application.The property is proposed to be rezoned from PUD Planned Unit Development to C-O Office Commercial. Phyllis Powell, City Clerk, City of Jefferson, Missouri P.T. - Friday, May 30, 2008 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 May 15, 2008 5:15 p.m. COMMISSION MEMBERS PRESENT ATTENDANCE RECORD Mike Berendzen, Chair 9 of 11 Randy Bickel 7 of 11 David Hagan 5 of 11 Rhonda Hoskins 9 of 11 Jack Deeken, Alternate 9 of 11 COMMISSION MEMBERS ABSENT Adam Gresham 6 of 11 Bob George 6 of 11 John Lake 4 of 11 David Nunn 8 of 11 Ralph Robinett, Vice Chairman 9 of 11 Chris Jordan, Alternate 9 of 10 Chris Yarnell, Alternate 8 of 11 EX-OFFICIO MEMBERS PRESENT Mike Harvey, Alternate 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 Shane Wade, Civil Engineer II Anne Stratman, Administrative Assistant Case No. P08014— 101 Adams Street; Rezoning. Request filed by Larry Moore, property owner, on behalf of Norris Ravenscraft, authorized representative, Preferred Family Healthcare, applicant, to rezone approximately 0.49 acres from PUD Planned Unit Development to C-O Office Commercial. The property is located on the southeast corner of the intersection of Adams Street and State Street and is described as part of Inlots 114 and 115, City of Jefferson, Cole County, Missouri. Mr. Norris Ravenscraft, 13325 Klausmeier Road, Wright City, Missouri, spoke regarding this request. Mr. Ravenscraft explained that the purpose of this request is to allow for the utilization of the property as a substance abuse treatment facility. He stated that any substantial modifications will be kept to the interior while modifications to the exterior could include the parking lots and installing a privacy fence along a portion of the property. Ms. Jill Finch Shanley, 926 Diamond Ridge, spoke on behalf of Preferred Family Healthcare. Ms. Shanley explained that Preferred Family Healthcare is a substance abuse treatment facility which serves both residential and outpatient clients ages 13-17. She stated that they are outgrowing their existing facility on Hoover Road and the subject property will allow them to expand. Ms. Shanley stated that she is aware of the neighbors concerns and emphasized that their clients are supervised 24 hours a day during all indoor and outdoor activities. • Excerpt of Un-Approved Minutes/Jefferson City Planning &Zoning Commission Page 2 May 15, 2008 Mr. Tom Scheppers, 1685 State Highway 94, Holts Summit, Missouri, stated that he was initially opposed to the proposed facility however he requested clarification of the following questions (1) Does the applicant have sufficient insurance to cover vandalism committed by their clients; (2) Clarification of the criteria, under staff analysis, stating that the city and public would benefit from rezoning this property. In response, Mr. Barron explained that by rezoning the subject property the City would benefit from an increased level of commercial property in the downtown area and that the public would benefit from an increased level of commercial usage of this property. (3) Rezoning all of the adjacent properties from PUD to commercial. In response, Mr. Barron explained that this rezoning request applies only to the property in question and any other area would be addressed on a case by case basis. He also stated that this area is contained in the Central East Side Neighborhood Plan; (4) Recourse for problems that may occur once this property is rezoned. In response, Mr. Barron explained that rezoning decisions are based on the comprehensive plan which identifies an ideal use for a particular location. He clarified that the zoning code is not well suited to address such concerns and that there are other sections of the City Code that address crimes and nuisances. Mr. Scheppers stated that he would be amenable to the proposed facility as long as sufficient security measures are in place. Correspondence was received from the following individuals regarding the proposed request: Tom & Karen Scheppers, 1685 Highway 94, Holts Summit, Missouri Dean Martin, 2823 Walnut Street, Bellingham, Washington Carol Blaney, 2823 Walnut Street, Bellingham, Washington Allen Pollock, Director, Jefferson City Housing Authority, PO Box 1029 Mr. Barron gave the Planning Division staff report and explained that prior to 1989, the property was zoned RA-2 Multi-family residential. The property was rezoned to PUD on August 22, 1989 in conjunction with the Urban Renewal Plan, however, no PUD Plan has ever been submitted for the property and no underlying zoning has ever been established for the property. In 2006 the Central East Side Neighborhood Plan was adopted as a component to the City's Comprehensive Plan and this property is located within the Capitol Avenue district as identified within the Central East Side Neighborhood Plan. Mr. Barron explained that institutional uses are one of the proposed land uses within the Capitol Avenue district. It is Staffs position that a substance abuse treatment facility fits well into the definition of an institutional use and that the proposal is compatible with the recommendations of the Central East Side Neighborhood Plan. Mr. Bickel moved and Mr. Deeken seconded to recommend approval of the rezoning request for 101 Adams Street, to the City Council. The motion passed 5-0 with the following votes: Aye: Berendzen, Bickel, Deeken, Hagan, Hoskins City of Jefferson Planning & Zoning Commission LOCATION • r �.`Y'v k '� `Y,[� "'S-5"w`° y 4 ,ky '+tr ,Kra..s r''4hii .y"s gr AIN �. i Jas:. •i AW NO "OUTI �y - �' �R.. `r y� - j`, `?te,� -s' `'�k� {fit-' s.�t r , � ` • i, r.�a,i J `�' ' W �� � , ,� t} .0. ^y ,� x y '> �" ?' t Y.�Ba, r+ #;f•Ft l'tfs'h �!//f� q�*� � � ���A 1�y�• z:.: `'v``k ��.ed4 �°� �"°`�",n �� .�...„ih wi�t�{M sx��a`�i�-,` v y�`(w�`w �� ��t � �`• b�').h`h •'>'r*x � °� r® t <�,a xr '�. r ',�',2 ����R T"y2z b� it �� a �� �' h � �f� h4+ly".,M �Y k• 1YJ7�{�T'F.,�e 11 � }� �0. iA f. � �,�, A 'ref'-\ %H�A __.R.�y � "��Y w``• �, +4 zY`n \� ���� � '[' r°?4�e � ..rf _ .r T d..'��• �:. �iy�=j,0 . "?��M��'y`. ; .�y`` "^i"w` !-{a '�,w 63.'�"x} v,� K r �t�u ` 1\rJ'k,( '� t{b' f". \_ 4 M 6A• _ 1jA .. S ,� "sp���M z; � ti �y �t dY 1 ) 7^ y,• x yN.� ,�ih r.`� i3 S. �i�� fps'' � .� i �t,�c k� 'r�,. .\! :r$•.'% .,�c-., � _ i i 'lT` �h� Y•r7 i s. '�'"+, g, r L � "�tS' �:v4�g x �, +vim hM` 'v,� .� � f 1,Va. Y Sr a r'"'' r �19, e ' x 11 Imam Z..:' K .e� e .•r' 'g ,p� i' ��' � p�� !t ' S xz 33jj Jr'r - "� d�dn'YY��ts�*$.., _ t� ., � k 4 �„'�. �G �ye� kr a i., •{ rt_tl �t �E `� Y�tt'' � rv�V N Rezoning from 190 95 0 190 Feet W g PUD to C-O S 101 Adams St. • APPLICATION FOR ZONING ORDINANCE AMENDMENTS Dale Rece-ed: 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: 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 exhibit): Property Address: /O/ 0.4MS Legal/Property Description: SEA �m�cs1� Who petition to rezone the above described real estate from its present status of 711 to _ Q district. The purpose of this rezoning request is to f�cetr..-t.��•,E r�s a �, Pn���ry ,I�.c .su 6 �.a— �6.,�rP ��- l��r 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 O ner#7 Name (type or print) Property OwnelSignature Property Owner#2 Name (type or print) Property Owner Signature SuksAg9PT*r d Eh before m this _day of C'��r t I in the year a(0g otary u lic-Notary Seal STATE OF MISSOURI Cole County Commission#07001833 Notary Pub My Commission Expires: Jan.30,2011 Address of Property Owner#1: Lrir /' Address of Property Owner#2 Co%. 2 Phone Number(s): Applicant Information (if different from property owner): Name: /✓D,eQ is 2A✓45: /sC,e Address: 1.331E Lt L.4ut�✓l�iec .� .0�>7 !li — ej Phone Number G 3 6 For City Use Only: Application Filing Fee $200 Payment Received: Cash (Indicate Receipt# ) _Check (Copy- indicate check # ) �achments: Additional sheets or documentation Applicant/Project Information Sheet Location Map Page 1 of 1 May 6,2002 Of I 1 1 O ., f 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 25 May 1, 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, May 15, 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. P08014 — 101 Adams Street; Rezoning. Request filed by Larry Moore, property owner, on behalf of Norris Ravenscraft, authorized representative, Preferred Family Healthcare, applicant, to rezone approximately 0.49 acres from PUD Planned Unit Development to C-O Office Commercial. The property is located on the southeast corner of the intersection of Adams Street and State Street and is described as part of Inlots 114 and 115, 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 front of the City Council on June 16, 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 Eric Barron, AICP Senior Planner City of ,, , �_ . 11 bull ..... IUI ,1 e � erson 11 COMMUNITY DEVELOPMENT .,;tin:; <. br'; ,�r J!,, i Jefferson City Planning& Zoning Commission Property Owners List Case No. P08014 101 Adams Street May 15, 2008 • Alamosa PCS First Baptist Church of Jefferson City PO Box 7977 301 E. Capitol Avenue Overland Park, KS 66207 Jefferson City, MO 65101 325 E. State Street 301 E. Capitol Avenue Carol Blaney First Christian Church (Disciples) 2823 Walnut Street 327 E. Capitol Avenue Bellingham, WA 98225 Jefferson City, MO 65101 422 E. State Street 327 E. Capitol Avenue Barbara Buescher Housing Authority of Jefferson City 429 E. Capitol Avenue PO Box 1029 Jefferson City, MO 65101 Jefferson City, MO 65102 108 Jackson Street E. State Street 417 E. Parsons Way 401 E. Capitol Avenue 114 Jackson Street Harold E Johnson Companies Inc 2604 N. Stadium Boulevard Columbia, MO 65202 101 Adams Street (Subject Property) • E. State Street Lucy & Ethel, LLP 2823 Walnut Street Bellingham, WA 98225 416 E. State Street Thomas & Jacqueline Rost 2511 Greentree Road Jefferson City, MO 65101 100 Jackson Street S LLC, Inc. 1685 Highway 94 Holts Summit, MO 65043 E. State Street Thomas Scheppers 1685 Highway 94 Holts Summit, MO 65043 107 Adams Street • PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION May 15,2008 • Case No. P08014— 101 Adams Street; Rezoning. Request filed by Larry Moore, property owner, on behalf of Norris Ravenscraft, authorized representative, Preferred Family Healthcare, applicant, to rezone approximately 0.49 acres from PUD Planned Unit Development to C-0 Office Commercial. The property is located on the southeast corner of the intersection of Adams Street and State Street and is described as part of Inlots 114.and 115, City of Jefferson, Cole County, Missouri. Nature of Request The purpose of the rezoning request is to allow the utilization of the property as a substance abuse treatment facility. Substance abuse treatment facilities are a permitted use of all four commercial zoning districts (C-0, C-1, C-2 and C-3). Zoning History Prior to 1989, the property was zoned RA-2 Multi-family residential. A conditional use pen-nit for a three story office building was approved by the Board of Adjustment on December 13, 1977 (the zoning code in effect at the time allowed offices as a conditional use of the RA-2 zoning district). The property was rezoned to PUD on August 22, 1989 in conjunction with the Urban Renewal Plan. No PUD Plan has ever been submitted for the property and no underlying zoning has ever been established for the property. The use of the property is currently limited to that of an office building. Relation to Central Eastside Neighborhood Plan This property is located within the Capitol Avenue District as identified within the Central East Side Neighborhood Plan. The proposed land uses for the Capitol Avenue District include a mix of residential, office commercial (no retail), and institutional uses. Zoning and Surrounding Land Use Current Zoning: PUD Planned Unit Development Current Use: Office Building Requested Zoning: C-0 Office Commercial Intended Use: Substance Abuse Treatement Facility Surrounding Zoning Surrounding Uses North PUD Multi-Family Residential South PUD Office Building East PUD Office Building West I C-3 Parking Lot Allowed Uses: The C-0 Commercial Office zoning district allows for a variety of land uses including day care centers, nursing homes, drive-through restaurants, banks, and substance abuse treatment centers. Staff Analysis Checklist for a rezoning: Yes No Notes: Complies with Comprehensive Plan X This area is identified as intended for commercial use on the development plan map. Has access to necessary utilities X Has adequate sewer access Located outside flood zone X Not located in flood zone Meets minimum district size requirement X There is no minimum size for C-0 zoning district Does not receive primary access from local street X Has access to State Street, a collector street. abutting residential district ene iit to City is substantial when compared to X The city would benefit from the increased level of adverse affects on ad'acent ro erty commercial property in the downtown area. 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 in the downtown area. Planning and Zoning Commission May 15, 2008 Case No. P08014 Page 2 After rezoning, the allowed uses would be X Most of the land in the downtown area is zoned compatible with uses allowed in adjacent districts commercial and the property lies adjacent to • property that is zoned for downtown commercial use. After rezoning, the allowed uses would be X Most of the existing land uses in the vicinity of this compatible with adjacent existing land uses prop e rty are of a commercial nature. If not rezoned, the owner would be deprived of use X Much of the surrounding property in the downtown advantages enjoyed by surrounding owners area is zoned commercial rather than PUD. (reverses of zoning) The requested rezoning would be an expansion of X There is no C-O zoning adjacent to this property, an existing district however,the property across Adams Street is zoned C-3 and some C-1 zoning exists within 100 feet of the property. Approve Deny Neutral Staff Recommendation X Staff Recommendation The property is located in the downtown area and much of the surrounding property is being utilized in a commercial manner. The property lends itself well to a C-O zoning designation. Staff recommends approval of the rezoning request. • • PLANNING AND ZONING COMMISSION CORRESPONDENCE RECEIVED May 15, 2008 Case No. P08014 101 Adams Street Sender Senders How Date Address Received Received Thomas & Karen Scheppers 1685 Highway 94 Email 5/15/2008 Holts Summit, MO 65043 Dean Martin 2823 Walnut Street Email 5/15/2008 Bellingham, WA 98225 Carol Blaney 2823 Walnut Street Email 5/14/2008 Bellin ham, WA 98225 Allen Pollock, Director Jefferson City Housing Authority Email 4/25/2008 PO Box 1029 Jefferson City, MO 65102 • Stratman, Anne From: McMillan, Janice Sent: Thursday, May 15, 2008 3:36 PM Tom Scheppers 0. Stratman, Anne Subject: RE: Comments for Meeting Thank you for your comments. Your letter will be copied and distributed to the Planning & Zoning Commission and City Council. Janice McMillan, Deputy Director For Planning and Transportation Services Department of Community Development City of Jefferson 320 East McCarty Street Jefferson City, MO 65101 573 .634.6410 ------------------------------------------------------------------- -----Original Message----- From: Tom Scheppers [mailto:redcbx @yahoo.com] Sent: Thursday, May 15, 2008 3 :31 PM To: McMillan, Janice Subject: Comments for Meeting Hope this is not too late. Thanks, Tom Scheppers 291-9355 • • 1 • Case No. P08014— 101 Adams Street; Rezoning As a property owner and by invitation of a letter received by Eric Barron, AICP, Senior Planner with Jefferson City, I am presenting the following comments regarding Case No. P08014— 101 Adams Street; Rezoning. These comments are provided on behalf of ourselves, Thomas Scheppers and Karen Scheppers (husband and wife), S L.L.C. and AeroMet Engineering, Inc. I understand from conversations with Eric Barron, that a request to change the rezoning from PUD to C-O Office Commercial is a necessary step in order to approve a primary request to place a substance abuse treatment facility at 101 Adams St. I understand the end use information was voluntary and I appreciate Mr. Ravenscraft's openness to be a good neighbor. Someone may think my comments regarding the possible end use of the property are not related to the zoning issue. But,I understand that because a treatment center is a service organization, it would not need a business license or permitting through the city. Therefore, if this rezoning is approved, the City has no other recourse to stop the use of the property as a treatment center. Therefore, I believe my comments are very relevant because it appears that the decision made by the Planning and Zoning Commission may be the only mechanism for the city to assure responsible government review in the end use of the property. My wife and I own and operate AeroMet Engineering, Inc. at 107 Adams Street, next to 101 Adams. We provide environmental services, including testing, consulting, and training for industry and government agencies both locally and across the U.S. We own a total of 4 properties within a three block area, two of them are within 100 feet of 101 Adams. We originally purchased the property and decided on moving our business to the Adams Street location because of its current setting. Both 101 and 107 Adams properties are commercial office buildings capable of providing a professional setting for an office environment. Surrounded by large parking lots, a church with a first step learning program, and a one owner, half square block of prime real estate for future professional development. The neighborhood is very quiet. The only activity in the area is the coming and going of many preschool children and parents, some vehicular traffic, and the passing of trains. The close proximity of the historic train station, Adrian Island, and the Missouri River, provides a unique setting. The basis of our involvement in this meeting of rezoning today is due to the primary request to allow a substance abuse treatment facility at 101 Adams. As a result of this request, the Planning and Zoning Commission was requested to rezone the property so that the end use would be attained. • Specific Comments 1) Statistically, many drug users are more likely to commit a crime including theft, vandalism, destruction of property, domestic violence, and more. 2) Juvenile drug users may not be classified technically as a criminal, but they may have similar exposures, experiences, tendencies and rational thought as a criminal. Drug users are not normally role model citizens. 3) I talked to an official with the Department of Corrections and understand that a good substance abuse treatment facility is badly needed in Mid-Missouri. 4) I talked to an individual that put up and collected$10,000 for a neighborhood juvenile to undergo rehabilitation in a substance abuse treatment facility. At the end of the treatment period, this individual asked the juvenile if he learned anything, and his reply is that he got names and phone numbers of other individuals that he could buy drugs from and sell drugs to. This juvenile did not stop drug usage and he did steal before and after the treatment. Furthermore, this individual states that the juvenile is not usually admitted in the facility under their own free will. They are placed there because they have trouble fitting into society or they have committed crimes as a result of the drug use. Most juveniles are forced to undergo rehabilitation by parents or authorities. 5) A substance abuse treatment facility may have a statistical success rate but all it takes is one individual to commit one crime against a citizen and then you have a victim. If contact between a patient and a citizen is prevented because of logical planning and zoning, a crime and victim is prevented. • 6) I talked to a local representative of Sprint that operates a facility cattycorner to 101 Adams. This facility is crucial to the communications of Jefferson City providing most of the fiber optic links to the outside world. No doubt, its security should not be compromised. At the time of our conversation, the representative was not aware of this meeting and did not receive notice. I gave him a copy of the notice I received in the mail on Wednesday, May 14, 2008. He thought he may not have enough time to prepare a comment for tonight. He thought if Sprint was notified, it might take some time to make it through the corporate office. He pointed out to me that he has had problems with drug or gang related individuals in the past and does not need additional exposure. 7) I talked to the receptionist at First Christian Church. First Christian Church operates a preschool/day care center program across the street from our building at 107 Adams. The receptionist was not aware of today's meeting. I gave her a copy of the notice I received in the mail on Wednesday May 14, 2008. 8) 1 talked to friends, Dr. and Mrs. Rich Kayser about today's meeting. They were not aware of the meeting or the topic. They have a 5-year-old son that attends the preschool program at First Christian Church. They would not be in favor of a substance abuse treatment facility close to the school because of the interest in the safety of their child. They are not able to attend tonight's meeting but said to state this information in item 8. 9) The property of Dulle Towers (owned and operated by the Jefferson City Housing Authority) is located within 200 feet of 101 Adams. It is a residence of senior citizens. Senior citizens are an easier target for a criminal. • • 10)As part of our business, we have smoke generators used to train industry and regulatory personnel for compliance determinations of visible emissions. These generators are trailer mounted and stored outside on the premises. Although they are very expensive, they have no value to a routine individual. They would be susceptible to vandalism. Currently, they do not have a history of vandalism. Vandalism to this specialized equipment would be very costly to repair. 1 1)My wife and I purchased our office building inside Jefferson City because of the zoning laws to prevent changes in an area. If this area is rezoned to allow a treatment facility, the city has failed to provide adequate zoning to protect our business interests and preserve the neighborhood's usage. 12) Planning of a substance abuse treatment facility would be optimized by evaluation and incorporation of planning, zoning, and construction techniques used in the field of corrections. A substance abuse treatment facility would not have to be constructed like a maximum-security prison, but it would be advantageous to construct it with materials more durable than common building materials found in a typical office building. 13)A facility should be constructed in a large area with sufficient space. 101 Adams is very congested compared to a typical correction facility. The distance between the exterior walls of the buildings at 101 and 107 Adams is approximately 12 feet. Intentional fire may easily spread from one building to another. 14)Windows of the buildings at 101 and 107 Adams are very close. Ongoing non office activities would be disruptive to a professional work atmosphere. 15)Hundreds of property owners, citizens, (both seniors and small children) and • millions of dollars of personal property are within short walking distances of 101 Adams. 16)I believe logical alternative locations do exist within the city. My first recommendation would be in the area of the state correctional facility off Militia Drive. Buildings in that area are constructed with more suitable materials and can be spaced apart for minimizing walking access. Exposure to citizens and property would be kept to a minimum. Other locations may include the new jail property or an empty lot near the juvenile attention center. In conclusion, an act performed by an individual under the influence of drugs can be completely uncontrolled, unpredictable, and dangerous. Logically, a substance abuse treatment facility will decrease the usability, resale, and value of the neighboring properties in the area. It will create a negative view of the River Front, Federal Courthouse, and Prison Redevelopment areas by citizens in other parts of the community. It will hurt the First Step Learning Preschool Program and probably be the top concern of any parent with a child in the program. My wife and I will avoid bringing our son to our building due to added unnecessary risks. We will consider moving our engineering business and employees elsewhere and selling our office building at 107 Adams. Apparently, the Commission's ability to determine this zoning issue is the best tool to prevent any crimes to local citizens resulting from any patients of a treatment facility in the Adams Street area from ever occurring. In this case, the Commission is more capable to prevent crime afflicted to a citizen of Jefferson City from this facility than the largest • police force in the world. This determination may be priceless compared to increasing neighborhood security, increasing the police force and it's patrol duties to deter crime in the area, increasing staff for the prosecutor's office to accommodate an increased workload, and most importantly, a victim of crime. Based on the primary request, my wife and I, as property owners, business owners, and parents of children, do not want the placement of a substance abuse treatment facility at the 101 Adams location and therefore do not want the zoning changed until city regulations require better preservation of existing neighborhoods. I have the following questions, 1) If this substance abuse treatment facility becomes operational, will the city devote additional resources to improve neighborhood security? 2) If this substance abuse treatment facility becomes operational, will the city be responsible to remove graffiti and provide any restitution to a victim of crime at the city's expense? 3) If this substance abuse treatment facility becomes operational, will the facility have insurance to cover any theft,property loss, or liability for personal injury as a result of a patient of the treatment facility? 4) If this substance abuse treatment facility becomes operational, will the city provide economic reimbursement for property owners wanting to relocate out of the area? Thank you for your interest in my comments. • Page 1 of 1 Thank you for your comments. They will be copied and distributed to the Planning&Zoning Commission and the City Council. 01 Janice McMillan, Deputy Director For Planning & Transportation Services Department of Community Development City of Jefferson, Missouri 320 East McCarty Street Jefferson City, MO 651-1 573.634.6410 ................ .......__ . .. . ........ .....". _.. __. ......... .......... _.... _....._ From: Dean Martin [mailto:c.deanmartin @yahoo.com] Sent: Thursday, May 15, 2008 12:29 PM To: McMillan, Janice Subject: 101 Adams Street Dear Planning Commission, This letter is in regards to property rezoning Case No. P08014 - 101 Adams Street. In looking at the map, it appears that the proposed CO (Commercial Office) zoning will be a small spot in a larger area of other zoning. It will cut a chunk out of an existing PUD zoned area to accomodate a specific function. With this zoning change, will the rest of the PUD be rezoned? My understanding was that PUD provided a lot of options for propoerty owners, and also allowed for significant input from the neighbors and the city. The property I own with my wife (Carol Blaney) is in the PUD zone and we worked with the city in redeveloping the property. 0I, f you intend to go through with the zoning request, I would suggest that you review the zoning in the area around this site to see if it is appropriate, and what is the long-term intent for this area. I would also suggest that in whatever is done here - that the Central East Side Neighborhood Plan that so many of us spent so much time on - be used as the underlying guidance for your condideration of zoning in the area of that plan. Thank you for your consideration. C. Dean Martin Property owner (with Carol Blaney) of 416, 420 and 422 State Street -immediately east of the proposed rezoning. • 5/15/2008 Page 1 of 1 Thank you for your correspondence. It will be copied and distributed to both the Planning& Zoning Commission and City Council. Janice McMillan, Deputy Director For Planning &Transportation Services Department of Community Development City of Jefferson, Missouri 320 East McCarty Street Jefferson City, MO 65101 573.634.6410 From: Carol Blaney [mailto:blaneycarol @yahoo.com] Sent: Wednesday, May 14, 2008 6:11 PM To: McMillan, Janice Subject: rezoning proposal Case No. P08014-101 Dear Planning Commission and City Council, This letter is in regards to property rezoning Case No. P08014-101 Adams Street. To change the zoning just to allow this use for the property doesn't fit with the long range plan set out by the Central Eastside Plan. The vision of that plan was to encourage individuals and developers to renovate the properties in this area and to have businesses and residents rejuvenate this endangered area. This is a key part of the neighborhood near the Prison Redevelopment Site and the Downtown area. This proposed rezoning action will deter those wanting to invest in this area rather than encourage it. People who might invest in the neighborhood might have second thoughts with this use going in. Also, 0, he people who have invested in the area will feel betrayed by the city. Having invested, now they find that their investments are threatened, This site is also across the street from a daycare. An alcohol and drug treatment center(which would be allowed by this zoning change) is not a good fit with pre-school day-care. Please do not grant the requested zoning change - it is not needed, and it is detrimental to the long-term success of the Central East Side Neighborhood. Thank you for your time and your consideration. Carol L. Blaney • 5/15/2008 Page 1 of 1 Barron, Eric • From: Allen Pollock[pollocka @mchsi.com] Sent: Friday, April 25, 2008 9:24 AM To: Barron, Eric - Subject: Re: Rezoning Application - 101 Adams Street At 05:28 PM 4/24/2008, you wrote: Alan, We have a rezoning application for 101 Adams Street that will be going to the May meeting of the Planning and Zoning Commission. This is the old Williams/Keepers building. The rezoning request is to rezone from PUD to C-O Office Commercial. The applicant is Preferred Family Healthcare—(Norris Ravenscraft—636-262-5284) The applicant intends to purchase the property(after the rezoning)and convert the building into a substance abuse treatment facility for teenagers. I was wondering if you have any comments,concerns, or questions on this proposal. no comments to offer, nor would we be opposed to the rezoning ... alien • Eric Barron Senior Planner City of Jefferson 573-634-6419 • 5/15/2008 Central East Side Neighborhood Plan The Plan Jefferson City, Missouri • The Plan District Descriptions Capitol Avenue District • District Character As previously mentioned, the Capitol Avenue District contains a large number of architecturally significant residential buildings, many =Y of which have been converted to offices. The Land Use Plan recommends reinforcing and expanding Y" 'j' r ,: this character within the proposed district 'rr boundaries. Other items which contribute to or are � applicable to supporting to this character include: 1. Large homes or large residential buildings converted to offices. 2. Large Homes converted to multi-family. 3. Mix of open lawns and minimal side yards. 4. Significant architectural character with variety. • Proposed Land Use The existing land use within the proposed Capitol Avenue District is varied and often does not support the future vision of the District. In order to maintain the vibrant nature of the Central East Side Neighborhood, this plan suggests a mixing of uses within the Capitol Avenue District. Some uses may be mixed vertically. For example residential living units, in the future, may occur above office space. Additionally, in order to accommodate uses which are new to this district, the relaxation of some aspects of the current parking standards may be necessary. In summary, a mix of t the following land uses are suggested: 1. Residential t 2. Office and B&B Commercial only, no retail. 3. Residential/Office vertical mixed use. 4. Institutional + 5. Relaxed Parking Standards 6. Garden Apartments Provided by staff • 3-12 Household Living. Persons living together acting as a single housekeeping unit in a single dwelling unit, with common access to and having common use of all living and eating areas, and other areas and facilities for the preparation and serving of food within the dwelling unit. Institution. A non-profit establishment for public use. Institutional and Civic Use. Nonprofit, civic, religious or public uses such as libraries, public or private schools, hospitals,government owned or operated building,structure or land used for public purposes. Interstate Highway. U.S. Highways 50,54,and 63. Junk. Dismantled and inoperable vehicles, machinery, and appliances or parts of such vehicles, machinery or appliances;scrap copper,brass,rope,rags,batteries,paper,rubber debris,iron,steel or other metals;and any object which does not function as the manufacturer intended. An inoperable vehicle shall mean any motor vehicle which lacks a current registration or a registered vehicle which lacks two or more wheels or any other component parts,the absence of which renders the vehicle illegal for use on the highway. Junk or Salvage Yard. Any place not fully enclosed in a building where waste,discarded or salvaged material or equipment are bought, sold, exchanged,baled or packed, disassembled, kept, stored, or handled, including house wrecking yards, auto wrecking activities, used lumber yards and places or yards for storage of salvaged building materia l s a n d structur al steel materials and equipment,but not including areas where such uses are conducted entirely within a completely enclosed building. Kennel. An establishment where small animals are boarded for compensation, or where dogs,cats or other small animals are bred or raised on a commercial basis. Landscaped Area. An area that is permanently devoted and maintained to the growing of shrubbery,grass and other plant material. Laundromat. An establishment providing washing,drying,and/or dry-cleaning equipment machines on the premises for rental use to the general public. A Laundromat is primarily a self-service facility but an attendant may provide the service for a patron. Laundry or Dry Cleaner. An establishment where a person drops off laundry and/or dry cleaning to be done by others. Livestock. Any animal or fowl which are being produced primarily for use as food or food products for human consumption. Living Unit. A dwelling unit used for living purposes that includes at least one room but may or may not include a kitchen but does include one full bathroom. Loading Space. A space within the main building or on the same lot for the standing, loading, or unloading of trucks. Lodge. A place where members of a local chapter of an association or a fraternal,cultural or religious organization hold their meetings;or the local chapter itself. Lodging or Rooming House. A facility in which rental sleeping accommodations are provided and in which meals may be supplied as part of the fee. Also see boarding house. Lot. A parcel of land occupied or intended for occupancy for a use permitted in this chapter, including one main building together with its accessory buildings,open spaces and parking spaces required by this chapter,and having its principal frontage upon a street. See Exhibit 35-92H for examples of lot types. Rev.(only Secs.35-56 and 35-95 revised on 1213112007) 35 - 186 Provided by staff