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Home My Public Portal AboutORD14253 'T BILL NO. 2007-76 • SPONSORED BY COUNCILMAN KLINDT ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING, AMENDING, AND MODIFYING THE ZONING MAP OF THE ZONING CODE OF THE CITY OF JEFFERSON, FOR PROPERTY ADDRESSED AS 1208 EAST ELM STREET,CONSISTING OF PART OF LOTS 108, 109, 110, AND 111 FAIRVIEW ADDITION, JEFFERSON CITY, COLE COUNTY, MISSOURI, BY REZONING 0.23 ACRES FROM RS-4 MEDIUM DENSITY RESIDENTIAL TO C-1 NEIGHBORHOOD COMMERCIAL. 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 not 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 RS-4 Medium Density Residential to C-1 Neighborhood Commercial, described as follows: Property Description: • Part of Lots No. 108, 109, 110 and 111 in Fairview Addition to the City of Jefferson', Missouri: said Fairview Addition being a subdivision of Outlots No. 57 and 58 in said city, described as follows: Beginning on the northeasterly corner of Lot No. 108; thence westerly along the northerly line of said lot, 100 feet; thence southerly parallel with the easterly line of Lots 108, 109, 110 and 111. 101 feet and 3 inches to the southerly line of Lot No. 111; thence easterly along and with the southerly line of Lot No. 111, 100 feet to the southeasterly corner of said Lot No. 111; thence northerly 101 feet and 3 inches along the easterly lines of Lots 110, 110, 109 and 108 to the place of beginning. Containing approximately 0.23 acres. Section 2. This ordinance shall be in full force and effect from and after its passage and approval. Passed: Approved. Sel�, A� :r Presiding Officer Ma are ATTES� APP ED TO FORM: • Ait �rk City selor PUBLIC HEARING NOTICE • Rezoning 1208 East Elm Street The City Council of the City of Jefferson, Missouri,will hold a public hearing on Monday,September 17, 2007 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 1208 E. Elm Street from RS-4 Medium Density Residential to C-1 Neighborhood Commercial: Section 1. Property Description: Part of Lots No. 108, 109, 110 and 111 in Fairview Addition to the City of Jefferson, Missouri: said Fairview Addition being a subdivision of Outlots No. 57 and 58 in said city, described as follows: Beginning on the northeasterly corner of Lot No. 108; thence westerly along the northerly line of said lot, 100 feet;thence southerly parallel with the easterly line of Lots 108, 109, 110 and 111. 101 feet and 3 inches to the southerly line of Lot No. 111; thence easterly along and with the southerly line of Lot No. 111, 100 feet to the southeasterly corner of said Lot No. 111; thence northerly 101 feet and 3 inches along the easterly lines of Lots 110, 11.0, 109 and 108 to the place of beginning. Containing approximately 0.23 acres. Section 2. Rezoning application.The property is proposed to be rezoned from RS-4 Medium Density Residential to C-1 Neighborhood Commercial. Phyllis Powell, City Clerk, City of Jefferson, Missouri • P.T. - Friday, August 31, 2007 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 August 9, 2007 • 5:15 p.m. COMMISSION MEMBERS PRESENT ATTENDANCE RECORD Mike Berendzen, Chair 3 of 3 Randy Bickel 2 of 3 Adam Gresham 3 of 3 Rhonda Hoskins 3 of 3 John Lake 1 of 3 David Nunn 3 of 3 Ralph Robinett, Vice Chairman 2 of 3 Jack Deeken, Alternate 2 of 3 Chris Jordan, Alternate 3 of 3 Chris Yarnell, Alternate 2 of 3 COMMISSION MEMBERS ABSENT Bob George 0 of 3 David Hagan 1 of 3 EX-OFFICIO MEMBERS Dan Klindt, City Council Liaison 3 of 3 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. P07026 — 1208 East Elm Street; Rezoning. Request filed by Donnell Rehagen, authorized representative, National Biodiesel Board, property owner, to rezone approximately 0.23 acres from RS-4 Medium Density Residential to C-1 Neighborhood Commercial. The property is located on the southwestern corner of the intersection of East Elm Street and Benton Street and is described as part of lots No. 108, 109, 110, and 111 in Fairview Addition to the City of Jefferson, Missouri. (Central Missouri Professional Services, Consultant) Chairman Berendzen confirmed that all regular members and alternates Mr. Deeken and Mr. Jordan will vote on this case. Mr. Brian McMillian, Central Missouri Professional Services, 2500 E. McCarty Street, distributed visuals depicting the area to be rezoned and a preliminary site plan. He explained that the adjacent office building at 601 Clark Avenue will be occupied by the National Biodiesel Board. Mr. McMillian stated that the purpose of this request is to match the zoning of the adjacent property and build a parking lot to serve the adjacent office building. Mr. Cary Gampher, The Architects Alliance, 631 W. Main Street, spoke regarding this request. Mr. Gampher distributed a visual depicting the elevations and floor plan for the existing office building located at 601 Clark Avenue. He explained that the existing office building consists of 10,000 square feet with conference rooms and training facilities occupying the lower level and offices occupying the main level. No one spoke in opposition to this request and no correspondence was received. Mr. Barron gave the Planning Division staff report and explained that the purpose of the rezoning request is to match the zoning of the adjacent property and the request is in line with the development • plan map of the Comprehensive Plan. Mr. Nunn moved and Mr. Bickel seconded to recommend approval to rezone 1208 E. Elm Street from RS-4 to C-1, to the City Council. The motion passed 8-0 with the following votes: Aye: Bickel, Deeken, Gresham, Hoskins, Jordan, Lake, Nunn, Robinett City of Jefferson Planning & Zoning Commission VICINITY O A� �.p N 360 180 0 360 Feet w E • s 1208 E. Elm Street Rezoning from RS-4 to C-1 City of Jefferson Planning & Zoning Commission LOCATION t��4 S tX, F 1 '-4 "�` t } �T, y s•ll u�•' 1 �*R. +T ��_ 'w ,') y. 's• alf 4 jf "�',Uti r _, V e t t f--, �•-',�xF I�tt k� x r f- 1 r' i TM. ; .. ,^'4 t Rj.,t� ..,t' � ;;s� _ ��d}� .. � ��,�:• , � � , ""=�* { �t -�`"„`. ri< h lr a"� �)° l�i��° �`„ `�' _t,3 far t �� ?� CNv C }v "ti"` ., € t b ;•,� 1"a-qr'' i L �>`,�'„'x, k '�' 3 ��'t ` i }_ a, t`v Js !+�'+-,t, + r0.y i-i ;•.-. 8 { ,4. I` y �7i, i _ f# � a.Iri ✓T,, �r. -'r �.r.g�',t {�. ''�+ fr"�� R ' {�� '+ c � �? 4 �� .,� ��'V4 :.'.l 71r/`, l _ 'G' � `� ' y r i/ '`_� -xtl,� ra_ e ,.�ti c , t`•°�+, ra�X 4 t t R A { ry�r.. f irY, �t f.. +a � •�- f.}v � ,.,Y �� 4 t .t.Y� �f Pi�i� �e 2 ti k f:;.r� �4 a �� 'T� e�� `�xs f t� #, � ;"?,�•� Y'yy'yy,,{ gp`3 .,�.1 ra - �,t`�.:: �� 'fd. ,m 2;.•n� `2 � r ("f SI1 J CAP3vr �' "K �}t L 1'ro �•w t iI L N Ate' tF, f� t � .�. � �� M � y x ��. �.(. _-t�,z "�k.-f...*2-t `#sF*,• �.�'�>.r.:a�i' r�C`�,< +�gT�� .� `.�'?; �5,:'#,ti.�..'x� N 150 75 0 150 Feet W E • S 1208 E. Elm Street Rezoning from RS-4 to C-1 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: D 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: 1208 E. Elm St, Jefferson City, MO 65101 Legal/Property Description: SEE ATTACI1Ej) ExiiIRI ,A,, Who petition to rezone the above described real estate from its present status of RS-4 to C-1 district. The purpose of this rezoning request is to a l l nia rnngtruCtiou of ;a parkjng l nt to serve the Board aff i ra 1-n hp ral nna teod t, 605 Clark Ave. 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. Donnell- M. Rehagen �' Property Owner#> Name (type or print) Property Owner Signature National Biodiesel Board Property Owner#2 Name (type or print) Property Owner Signature S scriberyRael this -� day of �y L`1 in the year 4'00 7 State of of Court �xd7>!�Ltl- Coun of Cole � li Commission#05531932 Notary Public My Commission Expires: June 7,2009 i Address of Property Owner#1: 3335A Emerald Lane, .7efferann ci f-v Mn b51 nn " I 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# ) tachments: Additional sheets or documentation Applicant/Project Information Sheet Location Map age 1 of 1 May 6.2002 Exhibit "A" 1208 East Elm Street Part of Lots No. 108, 109, 110 and 111 in Fairview Addition to the City of Jefferson, Missouri: said Fairview Addition being a subdivision of Outlots No. 57 and 58 ` in said city, described as follows: Beginning on the northeasterly corner of Lot No. 108; thence westerly along the northerly line of said lot, 100 feet; thence southerly parallel with the easterly line of Lots 108, 109, 110 and 111. 101 feet and 3 inches to the southerly line of Lot No. 111; thence easterly along and with the southerly line of Lot No. 111, 100 feet to the southeasterly corner of said Lot No. 111; thence northerly 101 feet and 3 inches along the easterly lines of Lots 110, 110, 109 and 108 to the place of beginning. • • i • ZONING MAP AMENDMENT NARRATIVE NATIONAL BIODIESEL BOARD 1208 EAST ELM STREET CMPS Job No. 05-146 July 9, 2007 Review Criteria. The following criteria shall be considered when reviewing an application to amend the Zoning Ordinance text and Zoning Map: a. The existing zoning was in error at the time of adoption. There was no error, although the 1996 Comprehensive Plan shows the area as commercial. 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 is a transitional neighborhood with several properties being • used as neighborhood commercial. C. There is a community need for the proposed rezoning. The community will benefit with a national board having a permanent location in our community. 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. The proposed change is consistent with all existing City plans. e. The proposed zoning is compatible with the zoning and uses of property nearby. The use is compatible with the neighborhood. Page 1 of 2 • f • f. Public an facilities, c include, but are not bl c d community face sties, whi h may n , b 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 to th site. 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 is not required. h. Authorized uses shall not adversely affect the capacity or safety of the street network in the vicinity of the property. The proposed use will generate very little traffic. 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. All environmental impacts are reasonably mirtigated. j. There is an adequate supply of land available in the subject area and the surrounding community to accommodate the zoning and community needs. The site is adequate in size.. k. Benefits shall be derived by the community or area proposed to be rezoned. The Community will benefit by a national board having a permanent location in Jefferson City, MO. Page 2 of 2 ♦r�. .u f0y t I 1 1 O = W �7 ° ° John Landwehr City of Jefferson ,.,.- _.. , a Manor iDepartment of Community Development Patrick E. Sullivan, P.E.; Director 320 East McCarty Street Phone: (573) 634-6410 Jefferson City, Missouri 65101 25 Fax: (573) 634-6457 July 25, 2007 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, August 9, 2007 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. P07026 — 1208 East Elm Street; Rezoning. Request filed by Donnell Rehagen, authorized representative, National Biodiesel Board, property owner, to rezone approximately 0.23 acres from RS-4 Medium Density Residential to C-1 Neighborhood Commercial. The property is located on the southwestern corner of the intersection of East Elm Street and Benton Street and is described as part of lots No. 108, 109, 110, and 111 in Fairview Addition to the City of Jefferson, Missouri. (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 September 17, 2007. 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 u� Eric Barron, AICP Senior Planner e� e e r s o n e ? �� COMMUNITY DEVELOPMENT .. . ,; . ,y Jefferson City Planning&Zoning Commission Property Owners List Case No. P07026 1208 E. Elm Street August 9, 2007 • Capital Properties, LLC Alfred & Irma Schmitz 609 Clark Avenue 1004 Eastland Drive Jefferson City, MO 65101 Jefferson City,,MO 65101 609 Clark Avenue 615 Clark Avenue Benton Street Cingular Wireless Glenridge Connector NE Hadley& Carolyn Stonner Atlanta, GA 30342 613 Clark Avenue 617 Clark Avenue Jefferson City, MO 65101 613 Clark Avenue Anthony & Mary Diemler 353 Amy Court Jefferson City, MO 65101 621 Clark Avenue Crystal Kempker 1216 E. Elm Street Jefferson City, MO 65101 1216 E. Elm Street Jeffrey & Marjory Kunce 1213 E. Dunklin Street • Jefferson City, MO 65101 1213 E. Dunklin Street James & Leora May 2401 Bluebird Drive Jefferson City, MO 65109 1207 E. Dunklin Street National Biodiesel Board PO Box 104898 Jefferson City, MO 65110 601 Clark Avenue 1208 E. Elm Street Donald Otto 1214 E. Elm Street Jefferson City, MO 65101 1214 E. Elm Street • PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION August 9,2007 Case No. P07021 — 1208 East Elm Street; Rezoning. Request filed by Donnell Rehagen, authorized • representative, National Biodiesel Board, property owner, to rezone approximately 0.23 acres from RS-4 Medium Density Residential to C-1 Neighborhood Commercial. The property is located on the southwestern corner of the intersection of East Elm Street and Benton Street and is described as part of lots No. 108, 109, 110, and 111 in Fairview Addition to the City of Jefferson,Missouri. (Central Missouri Professional Services, Consultant) Nature of Request The purpose of the rezoning request is to match the zoning of the adjacent property and to build a parking lot to serve the office building on the adjacent property. Zoning and Surrounding Land Use Current Zoning: RS-4 Single Family Residential Current Use: Single-Family House Requested Zoning: C-1 Neighborhood Commercial Intended Use: Parking Lot(Office Building) Surroundin Zoning Surrounding Uses North Mixed Zoning Highway and road right-of-way South C-1 Commercial East RS-4 Single Family Residential West C-1 Office Building Allowed Uses: The C-1 Neighborhood Commercial zoning district allows for a variety of land uses including day care centers, hoteUmotel (less than 50,000 sq. ft.), offices, banks, restaurants, drive through restaurants, general retail, and laundromats. Staff Analysis Checklist for a rezoning: Yes No Notes: Complies with Comprehensive Plan X Shown as Commercial on the Development Plan Ma Has access to necessary utilities X Has adequate sewer access Meets minimum district size requirement X Would be an extension of the C-1 zoning in the area Does not abut single family residential development X Abuts residential zoning district across Benton St. Located within one quarter mile of the intersection X Located near the intersection of Clark Ave. and E. of an arterial street and a residential street Elm St. Benefit to City is substantial when compared to X The City would benefit from increased parking to adverse affects on adjacent property serve an existing commercial building The rezoning would not be a grant of privilege to X The public would benefit from the increased the owner with little or no benefit to the public commercial space in a commercialized area After rezoning, the allowed uses would be X Most of the surrounding land is zoned C-I compatible with uses allowed in adjacent districts Neighborhood Commercial After rezoning, the allowed uses would be X Most of the surrounding land is developed in a compatible with adjacent existing land uses commercial manner If not rezoned, the owner would be deprived of use X Much of the surrounding land is zoned for advantages enjoyed by surrounding owners commercial development reverses of zoning) The requested rezoning would be an expansion of X The rezoning would be an expansion of an an existing district I I I existing C-1 Neighborhood Commercial zone Approve Den taff Recommendation X Planning and Zoning Commission August 4,2007 Case No. P07026 Page 2 Traffic Access This existing office building has a gross floor area of 10,000 square feet, which would be expected to generate approximately 16 peak hour vehicle trips. Traffic impact studies are required for developments that generate more than 100 additional peak hour trips. Staff Recommendation The application for rezoning is an expansion of an existing commercial district and is in line with the development plan map of the Comprehensive Plan. Staff recommendation is for approval.