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HomeMy Public PortalAboutORD13997 BILL NO. 2005-130 • SPONSORED BY COUNCILMAN BROWN ORDINANCE NO. 1eq 17 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 FROM RS-4 SINGLE FAMILY RESIDENTIAL TO C-1 NEIGHBORHOOD COMMERCIAL, PROPERTY ADDRESSED AS 601-615 CLARK AVENUE, LOCATED ON THE EAST SIDE OF CLARKAVENUE SOUTH OF ELM STREETAND CONSISTING OF THE WEST 122 FEET OF LOTS 108, 109, 110, AND 111 AND ALL OF LOTS 112, 113, 114, 115 AND 116, FAIRVIEW ADDITION, JEFFERSON CITY, 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 RS-4 Single Family Residential to C-1 Neighborhood Commercial: • The west 122 feet of Lots 108, 109, 110, and 111 and all of Lots 112, 113, 114, 115 and 116, Fairview Addition, Jefferson City, Missouri. Containing in all, 0.94 acres. Section 2. This ordinance shall be in full force and effect from and after its passage and approval. i Passed: Approved. .r l 200(o Pr sl i officer (1.7 or T: APPROVE O FORM: City Cle City Counselor • PUBLIC HEARING NOTICE Rezoning 601, 605, 607, 609, 613 and 615 Clark Avenue The City Council of the City of Jefferson, Missouri, will hold public a hearing on Tuesday, January 17, 2006 at 6:00 p.m. in the Council Chamber of the John G. Christy Municipal Building, 320 East McCarty Street, to consider rezoning 601, 605, 607, 609, 613 and 615 Clark Avenue from RS-4 Single Family Residential to C-1 Neighborhood Commercial. Section . Property Description: The West 122 feet of Lots 108, 109, 110, and 111 and all of Lots 112, 113, 114, 115 and 116, Fairview Addition, Jefferson City, Missouri. Containing in all, 0.94 acres. Section 2 Rezoning application.The property is proposed to be rezoned from RS-4 Single Family Residential to C-1 Neighborhood Commercial. Phyllis Powell, City Clerk City of Jefferson, Missouri P.T. - Friday, December 30, 2005 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 • City of Jefferson 601 - 615 Clark Avenue • `�,. of JIFF` J�h Rezoning from RS-4 to C-1 • o` gyp. t `A , •° N ti VICINITY Department of Community Development Planning Division N 320 East McCarty Street Feet W 1-,(ZL. Jefferson City, Missouri 65101 Phone(573)634-6475 0 120 240 360 Fax (573) 634.6457 ' t t RD, '�`"'� - j.•�' `. •44�fG'r,I��f ! '!.F�' �d{b it�.�/..L�e�'':,#• j�,l ' r `� pf':T\',�t�j •L VI' plin T \1�*\ ti (y�f`�,j� f' N � L .,`v�b� "'•1i}Yf t, t f f5 5,\\ >•tNt �t )u. � � N}., �K?, ay.YAK�'!:' � .,. .{ A� "�l�i ' y�.it{ y ,ilk+t3�if � �;f� `j�`'��' � � =arr f lk��\ 'I'•' ` :�t�~NU."f .r':f k �a \ .ire.•,4' � �i:t'� � ��/r�p,� ♦. .�/h' rTIYi:1: ' '•V ..} is A, •ry'•'11 f ' ri' :� ^'r;•1A7Q�'� T�.�i••. • i City of Jefferson 601 - 6 15 Clark Avenue • Of n rrr r Rezoning from RS-4 to C-1 r p r N s ti LOCATION Department of Community Development Planning Division N 320 East McCarty Street Feet Jefferson City, Missouri 65101 W dX1E Phone (573) 634-6475 0 270 540 810 Fax(573)634.6457 a ` v �\ 4C&tp �. '� APPLICATION FOR ZONING ORDINANCE AMENDMENTS a.,m ncccnca City of Jefferson - Planning Division Department of Community Development 320 East McCarty Street • Jefferson City. Missouri 65101 Phone (573)634-0410 Fax (573)634-6457 The undersigned hereby petitions Ilia 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 holow or attach complete tiarrative;romplefe 'Applicant"Information Article and Section Affected (it applicable) Description of proposed text amendment: DO Zoning Map Amendment (Rezoning of Real Estate) The undersigned hereby stale Ihoy are the owners of the following described real estate (legal description must be printed below or attached as an exhibit): Property Address: _(Q a=�/ GGrJ��d (Cii C/or/e ^'er4•e 'Je-1*r5zn, G/y� ld�({S/a I Legal/Properly Description: acl d Who pelillon to rezone the above described real estate from its present status of $ 1f to C- / district. The qpurpose of this rezoning request is to_ gll /`War ./m Pro 54.c It$L.-' r'C�r�.nir 0., / �trS•nPSS 6•CV:rer S. ALL OWNERS OF REAL PROPERTY PROPOSED TO BE REZONED MUST SIGN THE APPLICATION,AND ALL SIGNATURE MUST BE NOTARIZED. IF ADDITIONAL SIGNATURES ARE NEEDED,PL-ASE ATTACH SEPAjJATE SHEETS. Most Reverend John R. Gaydos + Property Owner#1 Name (type orprint) Prop f wnorSign 1f7 a Property Owner 112 Nama (type or print) / Property Owner Signature Subscrl h C I day of C/V l/P 1•g h •e /Z in ilia year D S rrEyylPa li - :lary L NOSTATEOIFMISSOURIst < < -- CounlYYof Cole Notary Public My Comml mlo Ex ip res�10f�2612009 Address of Property Owner 1/1: 2207 W. Main St. , Jefferson City MO 65109 Address of Properly Owner 112 Phone Number(s): 573-635-9127 Applicant Information (if different train property owner): Name: Address: Phono Number For City Use Only., Application Filing Fee$200 Payment Received: Cash (Indicate Receipt t( ) Clieck(Copy; Indicate check # ) llachmenls: Addillonal shools or documentation Applicant/Project Infommllon Sheet Location Map Pa00 101 1 May 0,2002 APPLICATION FOR ZONING ORDINANCE AMENDMENTS Darn IICCCIwU City of Jefferson -Planning Division Department of Community Devolopn,enl 320 East McCarty Slroel Jefferson City, Missouri 65101 Phone(573)634.6410 Fax(573)634-6457 The undersigned hereby petitions Ilia Planning and Zoning Commission and City Council of Ilia City of Jefferson, Missouri, for Ilia following mnendmonl to Ilia Zoning Code: n Zoning Text Amendment (Describe below or attach complete narralive;conrplole 'Applicanl"information Article and Section Affected (ifapplicable) Description of proposed text amendment: Zoning Map An,ondn,anl (Rezoning of Real Estate) The undersigned hereby slate they are the owners of Ilia following described real estate (legal description must be printed below or attached as an exhlbtl): Properly Address: (p/s : fg e Legal/Properly Doscrlption:_._?Lie /fi n=/ d Who,,l1��olVn to rezone the above described real estate(rain its present status of / .( S• r/ to—e- / district. The purpose of this rezoning request is to (-?on fo.w✓ 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 Owner fl f Namo (typo or print) Prope wnor Signnturo Property Owner 112 Namo(typo or print) Propotly Owner Signature Cr this ✓ord dayof A)bverrLb In the year a006 Notary ssourt-Nolsry Seal v State of Misswd-County of Cole My Commission Expires Jun.6,2009 J olaryPr is Commission 005403994 Address of Properly Owner 111: /O04 Z ensl/o.,d Or.i t — 4-t c.,, N. �, i/yn, orir i Address of Properly Owner 112 Z Phone Numbor(s):_ 57 3 - 35(/ Applicant Information (if different from property owner): Name:-- Address: Phone Number For City Use Only, Application Filing Fee$200 Payment Received: Cash (Indicate Receipt It ) Check(Copy; indicate chock II_) Attachments: Additional shoots or documentation AppllcantlProjocl Information Shoal _Location Map Page 1 or 1 May a,2002 Jefferson City I'lanning&Zoning Commission Page I Properly Owners List Case No. 1105060 601-615 Clark Avenue December 8, 2005 • Chief Audsley Inc. MERCO Leasing Company c/o Tom Kauffinan c/o Roger Mertens PO Box 605 PO Box 565 Jefferson City, MO 65102 Jefferson City, MO 65102 1 115 E. Elm Street 627 Clark Avenue Anthony& Mary Dicmler Donald Otto 353 Amy Court 1214 E. Elm Street Jefferson City, MO 65101 Jefferson City, MO 65101 621-623 Clark Avenue 1214 E. Elm Street Bishop John Gaydos Joseph & Margaret Petershagen PO Box 417 610 Clark Avenue Jefferson City, MO 65102 Jefferson City, MO 65101 600-604 Clark Avenue 610 Clark Avenue Marshall & Karen Green David Rachell 215 Valley View Drive Gabrielle Malfatti Jefferson City, MO 65109 628 Clark Avenue 624 Clark Avenue Jefferson City, MO 65101 628 Clark Avenue • Crystal Kempker 1216 E. Elm Street Alfred & Irma Schmitz Jefferson City, MO 65101 1004 Eastland Drive 1216 E. Elm Street Jefferson City, MO 65101 Benton Street Jeffrey& Marjory Kunce 1213 E. Dunklin Street Rita Marie Schneider Jefferson City, MO 65101 1208 E. Elm Street 1213 E. Dunklin Street Jefferson City, MO 65101 1208 E. Elm Street Carol Mattson 616 Clark Avenue Paul & Kristin Simpson Jefferson City, MO 65101 1209 E. Dunklin Street 616 Clark Avenue Jefferson City, MO 65101 1209 E. Dunklin Street James & Leora May 2401 Bluebird Drive Gary&Janice Sines Jefferson City, MO 65109 2321 St Louis Road 1207 E. Dunklin Street Jefferson City, MO 65101 614 Clark Avenue • Jefferson City Planning&Zoning Commission Page 2 Property Owners List Case No. 1105060 601.615 Clark Avenue December 8,2005 • Rowlin Stone 620 Clark Avenue Jefferson City, MO 65101 620 Clark Avenue William & Velma Turner 1126 E. Elm Street Jefferson City, MO 65101 1126 E. Elm Strcct Both White 128 Midway Lazio Westphalia, MO 65085 1131 E. Dunklin Street • • PLANNING STAFF REPORT JEFFERSON CI'T'Y PLANNING AND ZONING COMMISSION DECEMBER 8, 2005 • Case No. P05060 — 601 through 615 Clark Avenue; Rezoning. Applications filed by Bishop John R. Gaydos, and Alfred 11, and Irma L. Schmitz for the rezoning of property from RS-4 Residential to C-1 Neighborhood Conmmercial.'I'hc properlycontains approximately0.94 acres and consists ofthe west 122 feet of t.ols 108, 109, I M and I I I and all ofl-ols 112, 113, 114, 115 and 116, I airview Addition,Jefferson Cily. Notification Publication Date: November 21, 2005. Properly Owners: By letter to adjacent and affected property owners within 185 feet. Area Residents: Properly Sign Posting. Correspondence None received as of December 1. Location and Use of Suhlect Property The subject properties are located on the cast side of Clark Avenue south of Elm Street and consist of Ibree parcels owned by the Catholic Diocese(an office buiidingand two older homes which have been converted to offices)and a portion of a plumbing and healing business.'1'he properties arc currently zoned RS-4 Single- family Rcsidential, Surrounding Zoning and Uses. Adjacent zoning is RS-4 to the cast, C-1 Neighborhood Commercial to the south and RD Two-family • Residential and C-1 to the west.A mix of uses exists in the vicinity of the properly. Elm Street and Highway 50 adjoins the properlyon the norih;residential exists to the cast;office and retail(financial investment office and a convenience store with gas pumps)to the south; and residential and office to the west. Nature of Request Bishop Gaydos is requesting C-I zoning so that the Catholic Diocese can sell the properly to prospective commercial businesses.Alfred and Imna Schmitz are requesting C-1 zoning so that theirenlire property,which contains a plumbing and heating business,would be zoned commercial.The south half oftheir property(Lot 117) is zoned C-I but the north half(Lot 116 and parl of this application) is zoned RS-4. Access Primary access to the site is provided by driveways on Clark Avenue. Additional access is provided by driveways oil Elm and Benton streets which serve parking lots located behind the buildings, Comprehensive Plait The Comprehensive Land Use Plan designntes the properly as a Commercial Redevelopment Area. Anal ,sis The C-1 District is intended to provide small retail shops,commercial services and offices either in convenient neighborhood locations at an intersection or on a major street,The C-I district also allows a residential use in a non-residential building on the second floor or above,The intent ofthis provision is to reserve the first floorof commercial buildings for retail and office uses while allowing residential use of the same building. The rezoning request appears to be consistent with the purpose and intent of the C-1 District. Clark Avenue Na major street and the site is in the midst of a residential neighborhood. Some or the buildings also lend • themselves to mixed commercial and residential use.Rezoning to C-1 would also encourage redevelopment. Staff Recommendation Staff recommends approval of rezoning from RS4 to C-1.