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HomeMy Public PortalAboutORD14196 BILL NO. 2007-9 • SPONSORED BY COUNCILPERSON LAYTON ORDINANCE NO. A/ / 4 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 0.45 ACRES FROM RA-2 HIGH DENSITY RESIDENTIAL TO C-1 NEIGHBORHOOD COMMERCIAL, THE PROPERTY LOCATED AT 603 HEISINGER ROAD LOCATED IN PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 11;TOWNSHIP 44 NORTH, RANGE 12 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. 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 RA-2 High Density Residential to C-1 Neighborhood Commercial: The west part of the northeast quarter of the northeast quarter of Section 11,Township 44, Range 12 West, described as follows: Beginning at a point on the east line of a 50 foot roadway, said point of beginning being 25 feet east of the west line of said fourth quarter • section and 420 feet north of the centerline of the Missouri State Highway No. 50; thence north 6 degrees west along the east line of said 50 foot roadway, 120 feet;thence north 84 degrees east and right angle to said roadway, 161.5 feet;thence south 6 degrees east and parallel to said roadway, 120 feet;thence south 84 degrees west, 161.5 feet to the point of beginning; containing 0.45 acres, more or less. . Section 2. This ordinance shall be in full force and effect from and after its passage and approval. Passed: Z Approve Presi i ficer ayor EST: APP ED F M: ����/X a ity Cl k City Counselor • -1- PUBLIC HEARING NOTICE • Rezoning 603 Heisinger Road The City Council of the City of Jefferson, Missouri, will hold a public hearing on Monday, May 21, 2007 at 6:00 p.m. in the Council Chamber of the John G. Christy Municipal Building, 320 East McCarty Street, to consider rezoning the property addressed as 603 Heisinger Road from RA-2 High Density Residential to C-1 Neighborhood Commercial: Section 1. Property Description: The west part of the northeast quarter of the northeast quarter of Section 11, Township 44, Range 12 West, described as follows: Beginning at a point on the east line of a 50 foot roadway, said point of beginning being 25 feet east of the west line of said fourth quarter section and 420 feet north of the centerline of the Missouri State Highway No. 50;thence north 6 degrees west along the east line of said 50 foot roadway, 120 feet;thence north 84 degrees east and right angle to said roadway, 161.5 feet; thence south 6 degrees east and parallel to said roadway, 120 feet; thence south 84 degrees west, 161.5 feet to the point of beginning. Containing 0.45 acres, more or less. Section 2. Rezoning application. The property is proposed to be rezoned from RA-2 High Density Residential to C-1 Neighborhood Commercial. Phyllis Powell, City Clerk City of Jefferson, Missouri P.T. - Friday, May 4, 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 • 1 ce) to 10 *ago 3 Dim Co -83E) t � f , C'ty of Jefferson Plannira & Zoning Commissio s�'�'tJ e-z{S -"i'• { Dq LT� �r'�A>... �'+a K .� }at• c.;��".a`�•.a���.",'rr� .3r eE �'�" °` pry^'C_��'',`'?'-q4,,,E}, '- 1 �j`k`a'4'' ..or+-� �:"'�sz.s�,`�'-�'. '�.� '�l�r`R��'";�`.:. �e'a,�' r, ' r ' q 3 ,cs'+.Yr�'C a> ,x ^v� ''"��.. 'r�•',,f� 'i°�'i:" c � ��-s.�,z�' .� .,. ' k r q 1,58 i 3 t ei J '� p�it :rn � s err; a:zu ?r aa,. F.. e �+. ��.S...f.af v✓i� r s+:..; - r�'`•- ":',._ .mss, -^. .mss a� ,. . .�, � 1 z�'',-. '{�{rl.T.,.t ;�;�. t y �fic• e# c .:�. ,r" ,t =�: .0'11:s• -. : '�Ft"h�. P'' � t x ��. -✓'wy -,:� :_•� -a � a"'t' I 'C �. 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'F''�•tc.� � „, "y � ..,5 "� '� #'_�"^ .`,.: •z%:; + ,�1�4. c'� m } -G �,tcl ,�„t, �'�'s3F�!7: r�'�t.� �^n-fin N 210 105 0 210 Feet W E LOCATION S 'i 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 i 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: Igl 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: 603 Heisinger Road Legal/Property Description: See Attached Exhibit "A" Who petition to rezone the above described real estate from its present status of RA-2. to C-1 district. The purpose of this rezoning request is to allow the redevelopment of the property as neighborhood commercial. ALL OWNEP.S OF PEAL PROPERTY PROPOSED TO BE REZONED MUST SIGN THE APPLICATION,AND ALL SIGNATURE MUST BE NOTARIZED. IF ADDITIONAL SIGNATURES ARE NEEDED, PLEB ATTACH SEPARATE SHE-ETS. Chinn Properties, LLC NEW Property Owner#1 Name (type or-print) Pro Owner Signature Rayma Chinn Property Owner#2 Name (type or print) roperty Owner Signature Paul Chinn LQUIRE I(RCMAI S���ipq li @nqq f=rqrgAVfore me this_ao — day of in the year DO 7 STATE OF MISSOURI County of Callaway My Commission Expires 12/28/2007 Notary, blic Address of Property Owner#1: 1606 Hayselton Drive Jefferson City, MO 65109 Address of Property Owner#2 1606 Hayselton Drive Jefferson City, MO 65109 Phone Number(s): 636-9839 (H) 659-0803 (C) Applicant information (if different from property owner): Name: ,Address: Phone Number For City Use Only., Application Filing Fee $200 0 t ayment Received: Cash (Indicate Receipt# ) Check (Copy; indicate check # ) tachments: Additional sheets or documentation Applicant/Project Information Sheet Location Map Pace 1 of 1 May 6.2002 T • j EXHIBIT "A" DESCRIPTION 603 Heisinger Road The west part of the northeast quarter of the northeast quarter of section 11, township 44, range 12 west, described as follows: Beginning at a point on the east line of a 50 foot roadway, said point of beginning being 25 feet east of the west line of said fourth quarter section and 420 feet north of the centerline of the Missouri State Highway No. 50; thence north 6 degrees west along the east line of said 50 foot roadway, 120 feet; thence north 84 degrees east and right angle to said roadway, 161.5 feet; thence south 6 degrees east and parallel to said roadway, 120 feet; thence south 84 degrees west, 161.5 feet to the point of beginning. Subject to easements and restrictions of record. i • ZONING MAP AMENDMENT NARRATIVE 603 Heisinger Road i CHINN PROPERTIES, LLC i a. There was no error in the 1996 zoning map. b. The neighborhood has changed in character with the recent addition of Re/Max Realty, N.H. Scheppers Distributing and Culligan Water Company being built. All are commercial businesses. C. The rezoning is a better land use for the community. d. The 1996 Comprehensive Plan shows this area surrounded by commercial as a redevelopment district. The proposed change is consistent with the plan. e. The proposed zoning is compatible with this area. f. All public and community facilities are available and adequate. • g. Based on the size of the development, there is no site specific requirement for a traffic impact study. h. Neighborhood commercial use will not have a significant impact on the street network. i. Redevelopment of the site will not create significant environmental impacts. j. There is adequate land in the area. k. The site is currently occupied by an older single family residence and a free standing garage as a rental home. Rezoning would encourage remodeling with parking improvements or demolition and complete redevelopment. This would be of greater benefit to the community than the current use. P 4,yy OF 1 1 �� i o john Landwehr City of Jefferson 1 = Mayor • Department of Community Development Patrick E. Sullivan, P.E.; Director 320 East McCarty Street Phone: (573) 634-6410 Jefferson City, Missouri 65101 w�25 Fax: (573) 634-6457 April 5, 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, April 12, 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. P07012 — 603 Heisinger Road; Rezoning. Request filed by Chin Properties, LLC, property owner, Rayma and Paul Chinn, authorized representatives, to rezone approximately 0.45 acres from RA-2 High Density Residential to C-1 Neighborhood Commercial. The property is located on Heisinger Road approximately 100 feet south of St. Mary's Boulevard. The property is described as part of the northeast quarter of the northeast quarter of section 11, township 44 north, range 12 west, Jefferson City, Cole County, 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 May 21, 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 (!S7�ti Eric Barron, AICP Senior Planner City or, r., ef p1111 , erson 91 11 COMMUNITY DEVELOPMENT � 7:,ilrir;;; .i Jefferson City Planning&Zoning Commission Property Owners List P Y Case No. P07012 603 Heisinger Road April 12, 2007 Michael Barnard Sterling Development Group, Inc. • 2119 St Mary's Boulevard 4605 Apple Tree Lane Jefferson City, MO 65109 Columbia, MO 65203 2119 St Mary's Boulevard 2120 St. Mary's Boulevard Bauman Enterprises, LLC STROCO Investment, LLC 211 W. St. John Street 317 Verdant Lane Vanalia, MO 63382 Jefferson City, MO 65109 2114 Missouri Boulevard 2121 St Mary's Boulevard K J Chen & Company, LP Sue Drive Properties 2208 Missouri Boulevard 605 Heisinger Road Jefferson City, MO 65109 Jefferson City, MO 65109 2200 Missiouri Boulevard 605 Heisinger Road 2202 Missouri Boulevard 2206 Missouri Boulevard West Apartments, LLC 2214 Missouri Boulevard c/o Colonial Manor Apartments 2208 Missouri Boulevard 2111 Dalton Drive, Unit B Jefferson City, MO 65109 Clear Link Telephone Corporation 2111 Dalton Drive PO Box 6450 Fort Worth, TX 76115 Eric & Christine West • 2120 Missouri Boulevard 2111 Dalton Drive, Unit B Jefferson City, MO 65109 LC - MC Properties, LLC 2115 St Mary's Boulevard 2208 Missouri Boulevard Jefferson City, MO 65109 602 Heisinger Road 604 Heisinger Road 2203 St Mary's Boulevard 2205 St Mary's Boulevard 2207 St Mary's Boulevard Net Lease Funding 2005 LP PO Box 1671 Orlanda, FL 32802 2118 Missouri Boulevard Eleanor Scheppers 1304 Dixon Drive Jefferson City, MO 65101 2300 St Mary's Boulevard • PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION April 12,2007 lose No. P07012 — 603 Heisinger Road; Rezoning. Request filed by Chin Properties, LLC, property owner, Rayma and ul Chinn, authorized representatives, to rezone approximately 0.45 acres from RA-2 High Density Residential to C-1 Neighborhood Commercial. The property is located on Heisinger Road approximately 100 feet south of St. Mary's Boulevard. The property is described as part of the northeast quarter of the northeast quarter of section 11, township 44 north,range 12 west,Jefferson City,Cole County, Missouri. (Central Missouri Professional Services, Consultant) Correspondence Correspondence will be distributed at the meeting. (none received as of 4-4-07) Zoning and Surrounding Land Use Current Zoning: RA-2 High Density(Multi-Family)Residential Current Use: Single Family Residential Requested Zoning: C-1 Neighborho od Commercial Intended Use: Commercial Surrounding Zoning Surrounding Uses North RA-2 Vacant Land South C-2 Distribution Facility(Culligan Water) East RA-2 Apartment Complex West C-2 Apartment Complex Allowed Uses: The C-1 Neighborhood Commercial zoning district allows for a variety of land uses including day care centers, hotel/motel (less than 50,000 sq. ft.), offices, banks, restaurants, drive through restaurants, general retail, and laundromats. A number of additional uses are allowed with a conditional use permit including a contractor/trade shop. Common commercial uses not permitted within the C-1 zoning district include gas stations, taverns, motor vehicle repair, and vehicle sales. q ff Analysis !_eclklist for a small area rezoning: Yes No Notes: Complies with Comprehensive Plan X Considered a natural extension of commercial activities along Missouri Blvd. Has access to an Arterial Street X Access to MO Blvd. from Heisinger Rd. Has access to necessary utilities X Has adequate sewer access Located outside flood zone X Not near flood zone Meets minimum district size requirement X Extension of existing commercial zone Does not abut residential development X Abuts multifamily residential development to the rear and across Heisinger Road Located on highway or intersection X Access to Missouri Blvd. Benefit to City is substantial when compared to adverse X The City would benefit from additional affects on adjacent property commercial land near Missouri Boulevard The rezoning would not be a grant of privilege to the owner X The rezoning would allow for additional with little or no benefit to the public commercial development in a commercialized area After rezoning, the allowed uses would be compatible with X The property is bordered on two sides by uses allowed in adjacent districts commercial districts After rezoning, the allowed uses would be compatible with X Adjacent uses to the south toward Missouri adjacent existing land uses Boulevard are of a commercial nature If not rezoned, the owner would be deprived of use X The property is bordered on two sides by vantages enjoyed by surrounding owners (reverse spot commercial districts in g) MR, requested rezoning would be an expansion of an X The rezoning would be an expansion of existing district existing commercial zones Approve Den Staff Recommendation X Case No. P07012 April 12, 2007 • Nature of Request The purpose of the rezoning request is to make the property available for commercial development. The applicants consultant has conveyed the possibility of locating a contractor/trade shop on the property, but no development plans have been submitted to the City. A contractor/trade shop is a use that would require a conditional use permit in the C-1 Neighborhood Commercial zoning district. • • EXCERPT OF UNAPPROVED MINUTES JEFFERSON CITY PLANNING AND ZONING COMMISSION April 12, 2007 5:15 p.m. COMMISSION MEMBERS PRESENT ATTENDANCE RECORD Mike Berendzen, Chair 10 of 10 Randy Bickel 8 of 10 Bob George 6 of 10 David Hagan 7 of 10 Rhonda Hoskins` 6 of 10 Richard Koon 8 of 10 John Lake 7 of 10 David Nunn 7 of 10 Chris Jordan, Alternate 10 of 10 Jack Deeken, Alternate 8 of 10 *Arrived late COMMISSION MEMBERS ABSENT Ralph Robinett 8 of 10 Chris Yarnell, Alternate 4 of 10 EX-OFFICIO MEMBERS Cindy Layton, City Council Liaison 10 of 10 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 Bill Lockwood, Director of Parks and Recreation Anne Stratman, Administrative Assistant Case No. P07012 — 603 Heisinger Road; Rezoning. Request filed by Chin Properties, LLC, property owner, Rayma and Paul Chinn, authorized representatives, to rezone approximately 0.45 acres from RA-2 High Density Residential to C-1 Neighborhood Commercial. The property is located on Heisinger Road approximately 100 feet south of St. Mary's Boulevard. The property is described as part of the northeast quarter of the northeast quarter of section 11, township 44 north, range 12 west, Jefferson City, Cole County, Missouri. (Central Missouri Professional Services, Consultant) Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, spoke regarding this request. Mr. Bates distributed a visual showing the property to be rezoned. He stated that any future use of the property would be compatible with surrounding properties. No one spoke in opposition to this request and no correspondence was received. Mr. Barron gave the Planning Division staff report and explained the allowed and prohibited uses. He stated that the consultant has conveyed the possibility of locating a contractor/trade shop on the property, but no development plans have been submitted to the City. A contractor/trade shop is a use that would require a conditional use permit in the C-1 Neighborhood Commercial zoning district. • Mr. Nunn moved and Mr. Jordan seconded to recommend approval of rezoning 603 Heisinger Road from RA-2 High Density Residential to C-1 Neighborhood Commercial, to the City Council. The motion passed 8-0 with the following votes: Aye: Deeken, George, Hagan, Hoskins, Jordan, Koon, Lake, Nunn