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HomeMy Public PortalAboutORD13906 • BILL NO. 2005-39 SUBSTITUTE SPONSORED BY COUNCILMAN BROWN ORDINANCE NO. / 3 l y G6, 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 PROPERTY LOCATED AT 802 WEST STADIUM BOULEVARD,THE 700-900 BLOCKS OF SCHEPKER LANE AND SOUTH TEN MILE DRIVE TO C-2 GENERAL COMMERCIAL AND ENDORSING AN AMENDMENT ON THE DEVELOPMENT PLAN MAP OF THE COMPREHENSIVE PLAN TO REFLECT SUCH CHANGE. WHEREAS, It appears that the procedures set forth in the zoning code relating to zoning have in all matters been complied with. WHEREAS, The zoning ordinance requires consistency between the comprehensive plan and the zoning map and the proposed zoning change would necessitate a change to the Comprehensive Plan Development Plan Map. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1.The following described real estate is rezoned from PUD Planned Unit Development to C-2 General Commercial: All of the Northwest Quarter of the Southwest Quarter of Section 11,Township • 44 North, Range 12 West, in the City of Jefferson,County of Cole, Missouri.ALSO:All that part of the Northeast Quarter of the Southwest Quarter and that part of the Southeast Quarter of the Southwest Quarter of Section 11,Township 44 North, Range 12 West, in the City of Jefferson, County of Cole, Missouri, that Iles westerly of the westerly right-of-way line of WEST STADIUM BOULEVARD and northerly of WEARS CREEK, the above described tract includes a portion of JORDAN TOWNE SUBDIVISION, SECTION 1, as per plat of record In Plat Book 11, page 60, Cole County Recorder's Office. EXCEPT that part described in Book 280, page 388, Cole County Recorder's Office. Containing in all 56.9 acres, more or less.' Section 2. The following described real estate is rezoned from RS-2 Single Family Residential to C-2 General Commercial: All of the Northeast Quarter of the Southeast Quarter of Section 10, Township 44 North,Range 12 West, in the City of Jefferson, Cole County, Missouri. EXCEPT that part described in Book 432, page 36, Cole County Recorder's Office. EXCEPT that part described in Book 330, page 979, Cole County Recorder's Office, EXCEPT that part described in Book 465, page 876,Cole County Recorder's Office. Containing In all 35.8 acres, more or less. ALSO: Part of the Northwest Quarter of the Southeast Quarter of Section 10, Township 44 North, Range 12 West,In the City of Jefferson,County of Cole, Missouri, more particularly described as follows: Beginning at the southeast corner of the Northwest Quarter of the Southeast Quarter of said Section 10;thence north along the east line of the Northwest Quarter of the Southeast Quarter of a point on the southerly line of a tract of land described in Book 119,page 118, Cole County Recorder's Office; thence westerly along the southerly line of said tract and the southerly line of other tracts described in Book 452, page 165 and in Book 420, page 245, Cole County Recorder's Office, and the westerly extension thereof, to the easterly right-of-way line of MISSOURI STATE HIGHWAY 179; thence southerly along the easterly right-of-way • 2005.39 Substitute Page 1 • line of said HIGHWAY 179 to a point on the south line of the Northwest Quarter of the Southeast Quarter of said Section 10; thence easterly along said south line to the POINT OF BEGINNING. Containing in all 19.39 acres, more or less. ALS& Part of the Nortlitilles. _1 the .1heast 1--arter of iom 10, 9iea-pointonthe 'I-eloii'la id-Nett-and-4he ty deterlbeel In Book 420, Ily MISSISURI STATE ILI des�riptien;the f raet of land described In Bo-ok 39-71 palm-3-26, Go e Gou ly liemue, a Iliee, (her IV LI.V V.11 a of 9a9d tract Section 3. Land to be rezoned from RD One and Two Family Residential/Medium Density • Residential-Attached to C-2 General Commercial: Part of the Northeast Quarter of the Southeast Quarter of Section 10,Township 44 North, Range 12 West, in the City of Jefferson, Cole County, Missouri, more particularly described as follows: From the northwest corner of the Northeast Quarter of the Southeast Quarter of said Section 10; thence east along the Quarter Section Line, 0.15 of a chain; thence south parallel with the Quarter Quarter Section Line, 236.2 feet to the beginning point of this description; thence South 11 degrees 22 minutes East, 76,6 feet to the southwesterly corner of a tract conveyed to Pauline H. Boeckman by Quit Claim Deed of record in Book 128, page 379, Cole County Recorder's Office;thence east along the south line of said Boeckman tract, 362.5 feet; thence North 5 degrees West, 76.6 feet;thence west,in a direct line, 359.2 feet, to the beginning point of this description; containing 0.62 of an acre, more or less. ALSO; Part of the Northeast Quarter of the Southeast Quarter of Section 10, Township 44 North, Range 12 West, Cole County, Missouri, and more particularly described as follows: From the northwest corner of the Northeast Quarter of the Southeast Quarter of said Section 10;thence east along the Quarter Section Line,0.15 of a chain; thence south parallel with the Quarter Quarter Section Line, 4.74 chains, to the southwest corner of a tract conveyed to Pauline H. Boeckman, by Quit Claim Deed of record in Book 128, page 379, Cole County Recorder's Office, and the beginning point of this description; thence east along the south line of said Boeckman tract, 362.5 feet; thence South 5 degrees East, 54.9 feet; thence South 33 degrees 45 minutes West, 254.3 feet to an Iron pipe, on the easterly line of a road described in Agreement of record in Book 126, page 7, Cole County Recorder's Office; thence northwesterly along the easterly Tina of said road, 419.5 feet, more or less, to the beginning point of this description. Containing 1.45 acres, more or less. • 200530 Substitute Pago 2 Eonrnrorelef: Part of !he Soul iwes! eusirter of the NorW�-qql- of Section 10, do !he sotith "no et of land described im Book 397, ps e 14 der Nithemee es—erly I 'WAY 179 to the southerly I—e— Quart of the Northeast .141 q�eel OM jA nd the all Section 4 5-An amendment to the Comprehensive Plan Development Plan Map is hereby endorsed to reflect the changes for the land described in Sections 1 through Section 4 from Low, Medium and High Density Residential to Commercial land use designation. Section 5 6: This ordinance shall be in full force and effect from and after Its passage and approval. �.77 • Pass O A ved: Gw-- GGG-- ing Officer or A I E ST: APP / FORM: City Cfdrk City unselor . 2005.39 Substitute Page 3 PUBLIC HEARING NOTICE Rezoning and Associated Comprehensive Plan Map Amendment • 802 West Stadium Boulevard and 700.900 Blocks of Schepker Lane The City Council of the City of Jefferson, Missouri,will hold a public a hearing on Monday,August 1,2005 at 6:00 p.m. in the Council Chamber of the John G. Christy Municipal Building, 320 East McCarty Street, to consider rezoning 116.24 acres of land located south of South Ten Mile Drive,west of Stadium Boulevard and east of Highway 179; addressed as 802 West Stadium Boulevard, 700.900 Blocks of Schepker Lane and South Ten Mile Drive, from RS-1 and RS-2 Single Family Residential, RD One and Two Family/Medium Density Residential-Attached and PUD Planned Unit Development to C-2 General Commercial and an associated amendment to the Development Plan Map of the City's Comprehensive Plan to reflect the zoning change: Section 1.Land to be rezoned from PUD Planned Unit Development to C-2 General Commercial: All of the Northwest Quarter of the Southwest Quarter of Section 11,Township 44 North, Range 12 West,in the City of Jefferson, County of Cole, Missouri. ALSO: All that part of the Northeast Quarter of the Southwest Quarter and that part of the Southeast Quarter of the Southwest Quarter of Section 11,Township 44 North, Range 12 West, in the City of Jefferson, County of Cole, Missouri, that lies westerly of the westerly right-of- way line of WEST STADIUM BOULEVARD and northerly of WEARS CREEK, the above described tract Includes a portion of JORDAN TOWNE SUBDIVISION, SECTION 1, as per plat of record in Plat Book 11, page 60, Cole County Recorder's Office. EXCEPT that part described in Book 280, page 388, Cole County Recorder's Office. Containing in all 56.9 acres, more or less. Section 2. Land to be rezoned from RS-2 Single Family Residential to C-2 General Commercial:All of the Northeast Quarter of the Southeast Quarter of Section 10,Township 44 North,Range 12 West,in the City of Jefferson, Cole County, Missouri, EXCEPT that part described in Book 432, page 36, Cole County Recorder's Office. EXCEPT that part described In Book 330, page 979, Cole County Recorder's Office. EXCEPT that part described In Book 465, page 876, Cole County Recorder's Office. Containing in all 35.8 acres, more or less. • ALSO Part of the Northwest Quarter of the Southeast Quarter of Section 10, Township 44 North, Range 12 West, In the City of Jefferson, County of Cole, Missouri, more particularly described as follows: Beginning at the southeast corner of the Northwest Quarter of the Southeast Quarter of said Section 10; thence north along the east line of the Northwest Quarter of the Southeast Quarter of a point on the southerly line of a tract of land described in Book 119,page 118,Cole County Recorder's Office;thence westerly along the southerly tine of said tract and the southerly line of other tracts described in Book 452, page 165 and in Book 420,page 245,Cole County Recorder's Office,and the westerly extension thereof,to the easterly right- of-way line of MISSOURI STATE HIGHWAY 179; thence southerly along the easterly right-of-way line of said HIGHWAY 179 to a point on the south line of the Northwest Quarter of the Southeast Quarter of said Section 10;thence easterly along said south line to the POINT OF BEGINNING. Containing in all 19.39 acres, more or less. ALSO: Part of the Northwest Quarter of the Southeast Quarter of Section 10, Township 44 North, Range 12 West, In the City of Jefferson, County of Cole, Missouri, more particularly described as follows: From the southeast corner of the Northwest Quarter of the Southeast Quarter of said Section 10,thence north along the east line of the Northwest Quarter of the Southeast Quarter of said Section 10 to a point on the southerly line of a tract of land described in Book 119, page 118, Cole County Recorder's Office; thence westerly along the southerly line of said tract and the southerly line of another tract of land described in Book 452,page 165,Cole County Recorder's Office to the southeasterly corner of a tract of land described in Book 420, page 245, Cole County Recorder's Office, and the POINT OF BEGINNING for this description;thence continuing southerly along the southerly line of said tract described in said Book 420,page 245,to the easterly right-of-way line of MISSOURI STATE HIGHWAY 179; thence northerly along the easterly line of said HIGHWAY 179 right-of-way to a point on the north line of the Northwest Quarter of the Southeast Quarter of said Section 10; thence east along the north line of the Northwest Quarter of the Southeast Quarter of said Section 10, to a point on the westerly line of a tract of land described in Book 397, page 326, Cole County Recorder's Office; thence southerly along said westerly line to the southwest corner of a tract of land described In Book 453,page 6,Cole County Recorder's Office;thence easterly along the southerly line of said tract In Book 453, page 6,to a point on the westerly line of the aforesaid tract described in Book 452, page • 165;thence southerly along the westerly line of said tract to the POINT OF BEGINNING. Containing In all 1.9 acres, more or less. Section 3.Land to be rezoned from RD One and Two Family/Medium Density Residential-Attached to C-2 General Commercial: Part of the Northeast Quarter of the Southeast Quarter of Section 10,Township 44 North,Range 12 West,in the City of Jefferson,Cole County,Missouri,more particularly described as follows: From the northwest corner of the Northeast Quarter of the Southeast Quarter of said Section 10;thence east • along the Quarter Section Line, 0.15 of a chain;thence south parallel with the Quarter Quarter Section Line, 236.2 feet to the beginning point of this description;thence South 11 degrees 22 minutes East,76,6 feet to the southwesterly corner of a tract conveyed to Pauline H.Boeckman by Quit Claim Deed of record in Book 128, page 379,Cole County Recorder's Office;thence east along the south line of said Boeckman tract,362.5 feet; thence North 5 degrees West,76.6 feet;thence west,in a direct line,359.2 feet,to the beginning point of this description; containing 0.62 of an acre, more or less. ALSO: Part of the Northeast Quarter of the Southeast Quarter of Section 10, Township 44 North, Range 12 West, Cole County, Missouri, and more particularly described as follows: From the northwest corner of the Northeast Quarter of the Southeast Quarter of said Section 10; thence east along the Quarter Section Line,0.15 of a chain;thence south parallel with the Quarter Quarter Section Line,4.74 chains,to the southwest corner of a tract conveyed to Pauline H. Boeckman, by Quit Claim Deed of record in Book 128, page 379,Cole County Recorder's Office,and the beginning point of this description;thence east along the south line of said Boeckman tract, 362.5 feet; thence South 5 degrees East, 54.9 feel; thence South 33 degrees 45 minutes West,2543 feet to an Iron pipe,on the easterly line of a road described in Agreement of record in Book 126, page 7, Cole County Recorder's Office; thence northwesterly along the easterly line of said road,419.5 feel,more or less,to the beginning point of this description.Containing 1.45 acres, more or less. Section 4.Land to be rezoned from RS-1 Single Family Residential to C-2 General Commercial: Part of the Southwest Quarter of the Northeast Quarter of Section 10, Township 44 North, Range 12 West,In the City of Jefferson,Cole County,Missouri,more particularly described as follows: From the southeast corner of the Southwest Quarter of the Northeast Quarter of said Section 10; thence west along the south line of the Southwest Quarter of the Northeast Quarter of said Section 10, to a point on the west line of a tract of land described In Book 397, page 326,Cole County Recorder's Office, and the POINT OF BEGINNING for this description;thence continuing west along the south line of the Southwest Quarter of the Northeast Quarter of said Section 10,to the easterly right-of-way line of MISSOURI STATE HIGHWAY 179;thence noriherlyatong the easterly right-of-way line of said HIGHWAY 179 to the southerly line of SOUTH TEN MILE DRIVE;thence • easterly along the southerly line of SOUTH TEN MILE DRIVE to a point on the westerly line of the aforesaid tract In Book 397,page 326;thence southerly along the westerly line of said tract in said Book 397,page 326 to a point on the south line of the Southwest Quarter of the Northeast Quarter of said Section 10 and the POINT OF BEGINNING. Containing in all 0.18 of an acre. Section 5.Associated Comprehensive Plan Map Amendment.Designation of the land described In Sections 1 through 4 above is proposed to be revised from Low, Medium and High Density Residential to Commercial land use designation on the Development Plan Map. Phyllis Powell, City Clerk City of Jefferson, Missouri P.T. - Thursday,July 14, 2005 Department of Community Development/Planning Division 320 East McCarty Street, Room 120 Jefferson City, Missouri 65101 Contact: Anne Slratman or Janice McMillan Phone(573)634.6475 Fax(573)634.6457 40 City of Jefferson 802 W. Stadium Blvd `` of ilrrt +oy 700-900 Blocks of Schepker Lane • �_� , , . �, Comp Plan Amendment & Rezoning 4, M s ✓ 0 fY .c VICINITY Department of Community Development Planning Division N 320 East McCarty Street Feet Jefferson City, Missouri 65101 0 400 800 1,200 Phone (573)634-6475 Fax (573)634.6457 ' NTRY CLUB DR Wgj US � � • ` .....:..c...!!. •s � • , MISSOURI BLVD ' Fq LACE E ;?� FG�\�� •CF•a�� \`�i � C-2 '�S1i� :T•t!•. yt . �C•'�r 00 5 a `'y.i't.bi rrr�r. • N , ! fit? i I•• � RD R' '1fa.twyt'y�y,�.ic,r,,, t jt ' •. C 2 , • r;i: P C-1 UD `gym. Rs•z ; �/,j.:..,. ;y�•:'� �,� ! 1jfff!!\\\\\i,''"'y2 r •,e.5( ywr �+; f . r �'' %•:;r ,• ? yP. �`��':.'t,;.��" ' s4� 1 :'' , r:f�;i� ''i . t1 / r_ •4 i + • ?� Y °r t � �,i 4 h'"'.,,;R�-,.lt+ �. ' `" c� e� 1j RS•2 ' t. �' t�.(Q .4. � �: ''rysr ��•..:/y,^%;rr�•` + Y' 1�IC ,� SStt {4�1�'t•� `'.:•; ,rte. �� r ��r . • ,`.;{,�;�y�'('• .ar•cn W EDGEWOOD DR T'1� ,� � • .. .. .. .. .. y+•y f y y:•y++.y -.y, ++:+:+::1•:+•++:•f:+:++:•:•f:•:++:+:++••:+•••�w Qr •+•••y+ay+y+yyy+yyyyyyyyyyyy♦yfy`p•+cyy' ++'••+++•+y+••+i•+i•+••ii++••i+i+iyi••ii+i•+•+i ••+y•y+•++f1+++y+:y+y++y•Ny++y+ i•:••:•+••i:••:•+•.:•.+.sy+•+O:�+►iii•+•.:•+•+:•% 14�Oy:i:%:��%:�:i:���a�:i•O�b�� 11 h �•�y+.y�•+.�+y.•�y+.+�•y.+.►y+�•�+may++�i. ,� 1=� APPLICATION FOR AMENDMENTS TO THE COMPREHENSIVE PLAN bam tt c:cn eE City of Jefferson - Planning Division Department of Community Development 320 East McCarty Street Jefferson City, Missouri 65101 Phone (573)634-64 10 Fax (573)634.6457 The undersigned hereby pelilicns the Planning and Zoning Commission and City Council of the City of Jefferson, Missouri, for the following amendment(s) to the City's Comprehensive Plan or Development Plan Land Use Map. -1 Text Amendment 21 Map Amendment Applications for Map amendments shall include a location map and level of detail required for site plan review as outlined in Exhibit 35.71. Aft applications shall allach a narrative which addresses the following criteria, as outlined in Section 35-74.A.4, Jefferson City Zoning Code. a, Whether there was error in the original Comprehensive Plan adoplion in that the Planning and Zoning Commission failed to lake into account then existing facts,projections or trends that were reasonably foreseeable to exist in the future. b. Whether events subsequent to the Comprehensive Plan adoption have invalidated the Commission's original premises and findings made upon plan adoption. C, Whether the change is consistent with the goals, objectives and policies of the Plan. d. Whether events subsequent to the Comprehensive Plan adoption have changed the character and/or condition of the area so as to make the application acceptable. e. Whether the change is needed to improve consistency between the Comprehensive Plan and other adopted plans. I. Whether public and community facilities,such as utilities,sanitary and storm sewers,water,police and fire protection, schools, parks and recreational facilities, roads, libraries, solid waste collection and disposal, and others are adequate to serve development for the type and scope suggested by the proposed zone. if utilities are not available, whether they can be extended reasonably. g. Whether there is an adequate supply of land available in the subject area and the surrounding community to accommodate the zoning and community needs. h, Whether!here will benefits derived by the community or area by the proposed change. Amendment Requested by: SlProperty Owner OStaff OPlanning and Zoning Commission _Land Investments. LLC Lr( Name (typed or printed) -Signalure Authorized Member Applicant Information: Properly Owner Name Land Tnv stment .Tnc Address 8514 Tiberty Road Jefferson City, Mo 65101 Phone Number(s): 395-4354 Fax, 395-4043 Coll, 659-5657 Other Applicant Information: Name: Address: Phone Number For City Use Only: Application Filing Fee 5200 Application Filing Fee Received: Cash (indicate receipt # 1 Check (copy; Indicate check # ) Attachments: Narrative _Map ApplicanUProject Information Sheet Pape 1 of I May 6.:002 LAND INVESTMENTS, LLC • 06113105 COMPREHENSIVE PLAN AMENDMENTS Excerpt from Section 35-74 Legislative Approval- Development Permits Ordinance No. 13361 a. Whether there was error in the original Comprehensive Plan adoption in that the Planning and Zoning Commission failed to take into account then existing facts, projections or trends that were reasonably foreseeable to exist in the future. There was no error at the time of adoption; however it would have been reasonable for the City to anticipate the nature of development to date. b. Whether events subsequent to the Comprehensive Plan adoption have invalidated the Commission's original premises and findings made upon plan adoption. The existing comprehensive plan is ten years old and the answer is yes, conditions have changed. • C. Whether the change is consistent with the goals, objectives and policies of the Plan. The proposed changes would appear to be consistent with good long range planning. d. Whether events subsequent to the Comprehensive Plan adoption have changed the character and/or condition of the area so as to make the application acceptable. Industrial occupation of the area is changing the character. C. Whether the change is needed to improve consistency between the Comprehensive Plan and other adopted plans. The change would be reflected in the next comprehensive plan. f. Whether public and community facilities, such as utilities, sanitary and storm sewers, water, police and fire protection, schools, parks and recreational facilities, roads, libraries, solid waste collection and disposal, and others are adequate to serve development for the type and scope • suggested by the proposed zone. If utilities are not available, whether they can be extended reasonably. • Public and community facilities are readily available. This represents The single largest opportunity within the City to properly plan development. g, Whether there is an adequate supply of land available in the subject area and the surrounding community to accommodate the zoning and community needs. Parcels are large and continuous. h. Whether there will be benefits derived by the community or area by the proposed zone, This type of infill planned growth has the greatest opportunity for the City to derive a return on investment. • • APPLICATION FOR ZONING ORDINANCE AMENDMENTS Oue Rmaweo City of Jefferson - Planning Division Department of Community Development 320 East McCarty Street Jefferson City, Missouri 65101 Phone (573)634.64 10 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 Codc: O Zoning Text Amendment (Describe below or attach complete narrative;complete "Applicant"information Article and Section Affected (/fapplicableJ 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): Properly Address: Undeveloped property bounded by Route 179 Fdeewood and StediL Legal/Property Description: See attached Exhibits A throueh D Who petition to rezone the above described real estate from its present status of RS-l,RS-2,PUD,RD to C-2 district. The purpose of This rezoning request is to allow the complete regrading and redevelopment of approximately 116 acres, bounded by Route 179 , Edgewood and Stadium Boulevard. 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. Land Investments LLC A, Property Owner#1 Name (type orprint) Property OwnerSignaturo Authorized Member Proporly Owner#2 Name (type or print) Property Owner Signature ub DC�d it lRE1 �a me his 3 day of JO n � in the yoar2O 0 5 . otery ub c.Noiapeal Storeof01 aN County of Cole Q—� ui 7 M Com i" n 4. 7 Notary Public Address of Properly Owner #1: Land Investments, 11 C 8514 Liberty Road Jefferson City- Mo 65101 Address of Properly Owner #2 Phone Number(s): 395-4354 Fax: 395-4043 Applicant Information (if different from property owner): Name: Address: Phone Number For City Use Oniy: Application Filing Fee 5200 0 ymenl Received: Cash (Indicate Receipt # ) —Check tCopy. :ncicate cnec:: = 1 Attachments: 'cGt:onal sheets or cocumentahcp Appllcant/PrDlect Information Shoe: _-Locaacn MaD -"^- iMay d..... I LAND INVESTMENTS, LLC • 06/13/05 ZONING MAP AMENDMENT Excerpt from Section 35-74 Legislative Approval- Development Permits Ordinance No. 13361 4. 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. The existing zoning did not anticipate change in character and growth in the area. 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. Streets,sanitary sewers,water, gas and electric cover the area. There is an opportunity for significant stormwater control. C. There is a community need for the proposed rezoning. • The community will benefit from the strategic location of the development. 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 current comprehensive plan could not have anticipated this opportunity; however it will fit well with the next version. C. The proposed zoning is compatible with the zoning and uses of property nearby. The property is bounded by arterial streets and compatible uses. f. Public and community facilities, which may include, but are not 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. • Facilities are more than adequate for the proposed plan. 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, It is premature to provide a site specific traffic impact study; however planning is underway with City and State officials to develop a street network that will compliment existing transportation plans. It. Authorized uses shall not adversely affect the capacity or safety of the street network in the vicinity of the property. Proper planning and design will prohibit any adverse impact. 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. The beauty of this concept is the opportunity to properly plan and design the project to mitigate all of the above. j. There is an adequate supply of land available in the subject area and the surrounding community to accommodate the zoning and community • needs. This is the largest tract ever assembled for development within the city limits. k. Benefits shall be derived by the community or area proposed to be rezoned. Primary benefit discourages urban sprawl as the redevelopment provides building sites in the core of the City. • 72-143 Page 1 • EXHIBIT"A" Rezone From PUD to C-2 All of the Northwest Quarter of the Southwest Quarter of Section 11, Township 44 North, Range 12 West, in the City of Jefferson,County of Cole, Missouri. ALSO; All that part of the Northeast Quarter of the Southwest Quarter and that part of the Southeast Quarter of the Southwest Quarter of Section 11,Township 44 North, Range 12 West, in the City of Jefferson, County of Cole, Missouri, that lies westerly of the westerly right-of-way line of WEST STADIUM BOULEVARD and northerly of WEARS CREEK, the above described tract includes a portion of JORDAN TOWNE SUBDIVISION, SECTION 1, as per plat of record in Plat Book 11, page 60, Cole County Recorder's Office. EXCEPT that part described in Book 280,page 388,Cole County Recorder's Office. Containing in all 56.9 acres, snore or less. • • 72-143 • Page 2 EXHIBIT "B" Rezone From RS-2 to C-2 All of ilia Northeast Quartcr of Ilia Southeast Quarter of Section 10, Township 44 North, Range 12 West, in the City of Jefferson, Cole County, Missouri. EXCEPT that part described in Book 432, page 36, Cole County Recorder's Office. EXCEPT that part described in Book 330, page 979, Cole County Recorder's Office. EXCEPT that pant described in Book 465, page 876, Cole County Recorder's Office. Containing in all 35.8 acres, more or less. ALSO: Part of the Northwest Quarter of the Southeast Quarter of Section 10, Township 44 North, Range 12 West, in the City of Jefferson, County of Cole, Missouri, more particularly described as follows: Beginning at the southeast corner of the Northwest Quarter of the Southeast Quarter of said Section 10; thence north along the east line of the Northwest Quarter of the Southeast Quarter of a point on the southerly line of a tract of land described in Book 119, page 118, Cole County Recorder's Office; thence westerly along the southerly line of said tract and the southerly line of other tracts described in Book 452, page 165 and in Book 420, page 245, Cole Comity Recorder's Office, and the westerly extension thereof, to the easterly right-of-way line of MISSOURI STATE HIGHWAY 179; thence southerly along ilia easterly right-of-way line of said HIGHWAY 179 to a point on the south line of the Nortl»vest Quarter of the Southeast Quarter of said Section 10; thence • easterly along said south line to the POINT OF BEGINNING. Containing in all 19.39 acres, more or less. ALSO: Part of the Northwest Quarter of the Southeast Quarter of Section 10, Township 44 North, Range 12 West, in the City of Jefferson, County of Cole, Missouri, more particularly described as follows: From the southeast corner of the Northwest Quarter of the Southeast Quarter of said Section 10, thence north along the east line of the Northwest Quarter of the Southeast Quarter of said Section 10 to a point on the southerly line of a tract of land described in Book 119, page 118, Cole County Recorder's Office; thence westerly along the southerly line of said tract and the southerly line of another tract of land described in Book 452, page 165, Cole County Recorder's Office to the southeasterly comer of a tract of land described in Book 420, page 245, Cole County Recorder's Office, and the POINT OF BEGINNING for this description; thence continuing southerly along the southerly line of said tract described in said Book 420, page 245, to Ilse easterly right-of-way line of MISSOURI STATE HIGHWAY 179; thence northerly along the easterly line of said HIGHWAY 179 right-of-way to a point on the north line of the Northwest Quarter of the Southeast Quarter of said Section 10; thence east along the north line of the Northwest Quarter of the Southeast Quarter of said Section 10, to a point on the westerly line of a tract of land described in Book 397, page 326, Cole County Recorder's Office; thence southerly along said westerly line to the southwest!comer of a tract of laid described in Book 453, page 6, Cole Comity Recorder's Office; thence easterly along the soutlerly • line of said tract in Book 453, page 6, to a point on ilia westerly line of the aforesaid tract 72-143 Page 3 • described in Book 452, page 165; thence southerly along the westerly line of said tract to the POINT OF BEGINNING. Containing in all 1.9 acres,more or less. • • • 72-143 Page 4 EXHIBIT"C" Rezone From RD to C-2 Pail of the Northeast Quarter of the Southeast Quarter of Section 10, Township 44 North, Range 12 West, in the City of Jefferson, Cole County, Missouri, more particularly described as follows: From the northwest comer of the Northeast Quarter of the Southeast Quarter of said Section 10; thence east along the Quarter Section Line, 0.15 of a chain; thence south parallel with the Quarter Quarter Section Line, 236.2 feel to the beginning point of this description; thence South l l degrees 22 minutes East, 76.6 feet to the southwesterly corner of a tract conveyed to Pauline H. Boeckman by Quit Claim Deed of record in Book 128, page 379, Cole County Recorder's Office; thence east along the south line of said Boeckman tract, 362.5 feet; thence North 5 degrees West, 76.6 feet; thence west, in a direct line, 359.2 feet, to the beginning point of this description; containing 0.62 of an acre, more or less. ALSO: Part of the Northeast Quarter of the Southeast Quarter of Section 10, Township 44 North, Range 12 West, Cole County, Missouri, and more particularly described as follows: • From the northwest corner of the Northeast Quarter of the Southeast Quarter of said Section 10; thence east along the Quarter Section Line, 0.15 of a chain; thence south parallel with the Quarter Quarter Section Line, 4.74 chains, to the southwest corner of a tract conveyed to Pauline H. Boeckman, by Quit Claim Deed of record in Book 128,page 379, Cole County Recorder's Office, and the beginning point of this description; thence cast along the south line of said Boeckman tract, 362.5 feet; thence South 5 degrees East, 54.9 feet; thence South 33 degrees 45 minutes West, 254.3 feet to an iron pipe, on the easterly line of a road described in Agreement of record in Book 126, page 7, Cole County Recorder's Office; thence northwesterly along the easterly line of said road, 419.5 feet, more or less, to the beginning point of this description. Containing 1.45 acres, more or less. • 71-143 Page 5 • EXHIBIT"D" Rezone From RS-i to C-2 Part of the Southwest Quarter of the Northeast Quarter of Section 10, Township 44 North, Range 12 West, in the City of Jefferson, Cole County, Missouri, more particularly described as follows; From the southeast corner of the Southwest Quarter of the Northeast Quarter of said Section 10; thence west along the south line of the Southwest Quarter of the Northeast Quarter of said Section 10, to a point on the west line of a tract of land described in Book 397, page 326, Cole County Recorder's Office, and the POINT OF BEGINNING- for this description; thence continuing west along the south line of the Southwest Quarter of the Northeast Quarter of said Section 10, to the easterly right-of-way line of MISSOURI STATE 14IGHWAY 179; thence northerly along the easterly right-of-way line of said HIGHWAY 179 to the southerly line of SOUTH TEN MILE DRIVE; thence easterly along the southerly line of SOUTH TEN MILE DRIVE to a point on the westerly litre of the aforesaid tract in Book 397, page 326; thence southerly along the westerly line of said tract in said Book 397, page 326 to a point on the south line of the Southwest Quarter of the Northeast Quarter of said Section 10 and the POINT OF BEGINNING. Containing in all 0.18 of an acre. • Jefierson City Planning& Zoning Commission Page 1 Properly Owners List Case No. 1105029 800 W. Stadium 13oulevard July 14, 2005 Richard Bochnn Don &, Mary Disller • 2922 S. Ten Mile Drive 3015 S. Ten Mile Drive Jcflerson City, MO 65109 Jefferson City, MO 65109 S. Teti Mile Drive 3015 S. Ten Mile Drive Harry & Sandra Brown Michacl Distler 2821 S. Ten Mile Drive Capitol Installers ,107er•son City, MO 65109 3012 S. Ten Mile Drive 2821 S. Ten Mile Drive Jefferson City, MO 65109 3012 S. Ten Mile Drive Central Missouri Athletic Goods Co. 748 W. Stadium Boulevard L^vmngclical Free Church of.Jefferson Jefferson City, MO 65109 City 748 W. Stadium Boulevard 1308 Hoffinan Drive Jefferson City, MO 65101 Lucas Chen 3011 S.Teti Mile Drive Joseph Chcn 2208 Missouri Boulevard GRB Propertics, LP .Jefferson City, MO 65109 805 W. Stadium Boulevard S. Teti Mile Drive Jefferson City, MO 65109 805 W. Stadium Boulevard Jefferson City Parks & Recreation • 320 G. McCarty Street Gordon Partnership Jefferson City, MO 65101 600 Monroe Street 817 Stadium Boulevard Jefferson City, MO 65101 744 W. Stadium Boulevard Carol Crawford c/o Carol Phillipson Doris Houser 4027 Cambridge Circle c/o Doris Lucckc Jefferson City, MO 65109 PO Box 105156 707 Schcpkcr Lane Jefferson City, MO 65110 W. Gdgewood Drive Dayton Hudson Corporation Targct Corporation T0752 F.J. Jordan Co„ LLC PO Box 9456 c/o Jim Jordan Minneapolis, MN 55440 PO Box 104891 735 W. Stadium Boulevard Jefferson City, MO 65110 2412 Hyde Park Road Lola Dcuser 2414 Hyde Park Road 2827 S. Ten Mile Drive 2420 Hyde Park Road Jefferson City, MO 65109 751 W. SladiUnl Boulevard 2827 S. Teti Mile Drive • Jefferson City Planning& Zoning Commission Page 2 Property Owners List Case No. 1105029 800 W. Stadium Boulevard July 14, 2005 Jack & Prances Jordan Clay& Michelle Randolph • PO Box 104891 715 Wcathcrbil) Road Jefferson City, MO 65110 Jefferson City, MO 65109 2418 Hyde Park Road 3029 S.Ten Mile Drive 2422 Hyde Park Road 2419-2427 Hyde Park Road Rehagen Investments Properties 304 Timber Creck Drive Land Investments, LLC Jefferson City, MO 65109 8514 Liberty Road 713 Schepker Lane Jeffcrson City, MO 65101 724 W. Stadium Boulevard Rhomberg Realty Inc 2929 Hannony Grove 41901dofftncister Avenue St Louis, MO 63125 Harry & June Lauf 3016 S. Ten Mile Drive 2340 W. Edgewood Drive Jefferson City, MO 65109 S. Ten Mile Drive 2919, LLC 2418 W. Edgewood Drive 2922 S. Ten Mile Drive 2340 W. Edgewood Drive Jefferson City, MO 65109 2919 S. Ten Mile Drive Lucille McGrath 3019 S. Ten Mile Drive S. Ten Mile Drive 2922, LLC Jefferson City, MO 65109 2922 S. Ten Mile Drive 3019 S. Ten Mile Drive Jefferson City, MO 65109 2922 S. Ten Mile Drive Patrick Mertens 723 Wcatherhill Road S. Ten Mile Drive 2926, LLC Jefferson City, MO 65109 2922 S. Ten Mile Drive 723 Weatherhill Road Jefferson City, MO 65109 2926 S. Ten Mile Drive David & Donna Payne 1415 Lillian Drive S. Ten Mile Drive 2928, LLC Jefferson City, MO 65109 2922 S. Ten Mile Drive 2815 S. Teti Mile Drive Jefferson City, MO 65109 2922 S. Ten Mile Drive Premier Bank PO Box 10600 Joseph & Brenda Schcppers Jefferson City, MO 65110 817 Wcatherhill Road 815 W. Stadium Boulevard Jefferson City, MO 65109 Hwy 179 Prestige Investments, LLC 325 Deerfield Place Travis&Jada Shipp Jefferson City, MO 65109 2831 S. Ten Mile Drive 757 W. Stadium Boulevard Jefferson City, MO 65109 2831 S. Ten Mile Drive • Jefferson City Planning& Zoning Commission Page 3 Property Owners List Case No. P05029 800 W. Stadium Boulevard July 14, 2005 Stadium West Properties, LLC • PO Box 104960 Jefferson City, MO 65110 Schepker Lane 822 Stadium Boulevard Wal-Mart Real Estate Business David Glass, Managing Trustee 1301 SE IOth Street Bentonville, AR 72716 724 W. Stadium Boulevard Richard Wallendorf 727 Weatherhill Road Jefferson City, MO 65109 727 Wcatherhill Road Hwy 179 Donald & Dorothy Welch 2002 Brookgrcen Drive Jefferson City, MO 65101 801 Schcpkcr Lane • PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION .IUI,Y 14, 2005 • Case No. P05029-802 West Stadium Boulevard and 700.91111 blocks ofSchepker Lane;Comprehensive Plan Map Amendment and Reroming. Applications filed by Frank 'I'wehous, representing Land Investments, LLC, property owner, for a Comprehensive Plan Map Amendment and the rezoning of approximately 1 16.24 acres of properly as outlined below.'I'he property is located approximately 1,000 feet north of Edgewood Drive between Sladium Boulevard and Route 179 and consists of all of the Northwest quarter,part ofiheNonhcaslqunlcrand part ofthc Southeast quancroftheSoullovestquarlcrofSection 11, pill of the Noll beast quarter and part of the Nonhwesl quarter ofilie Sout beast quarter of Section 10,part of the NorthcasiquateroflbcSoulhcaslquarterofsection 10,and part ofI lie Southwest quarier ofthe Noll beast quarter ol'Seclion 10, all in'I'ownship 44 N, Range 12 W Jefferson City, Cole County, Missouri, A. Comprehensive Plan Map Amendment front Low, Medium and High Density Residential to Commercial. 13. Rezoning from RS-I SF Detached Residential, RS-2 SF Detached Residential, RD Attached Resideaial and PUD Planned Unif Development Residential to C-2 General Commercial. Notification Publication Data June 28, 2005 Property Owners: By letter, to adjacent and affected property owners within 185 feet. Area Residents: Property sign posting. Correspondence No correspondence has been received as of July I. Nature of Reuuest This request involves a Comprehensive Plan Map amendment from Residential to Commercial and rezoning from Residential and PUD to C-2 General Commercial. C-2 allows a broad mnge of commercial uses. Although most uses would be appropriate along highways and major streets, some uses would not be compatible with residential areas or would generate heavy traffic on local streets. Forexample,the following uses are pennitted by right in C-2: substance abuse treatment facilities; commercial indoor entertainment facilities;hotels and motels;prinlingand publishing plants;research Iabornlorics;basortavems;largeanimal veterinarian clinics; farm feed stores; famn implement sales and repair,retail sales with outdoor display and storage;plant nurseries; manufactured homes sales and service;gasoline service stations;auto sales,repairand bodysbops;and machineshops will)welding.C-2 pmbibits residential uses except in non-residential buildings on the second Boor or above. In leans of building intensity,C-2 allows a 1.0 floor area ratio. I Iowever,assuming coverage of only 40%of the laud with single story buildings,approxinnaleiy2 million sq. n.ofconunercial0oorspacecould be built an the property. In C-2 there are no minimum lot widtbsor side yard building setbacks and the maximum building height is 60 feet. This request is indirectly related to a petition for annexation and zoning of property directly south of this properly.The annexation petition for that propertycontains a provision which states that the annexation rally be withdrawn if both properties are not zoned C-2 and ifoiher conditions are not satisfied(sec petition alached to Case No. P05030). Existing %nnina and Use of Property The subject property is located approximately 1,000 feet north of Ugewood Drive between Stadium Boulevard and Route 179.This is a large piece of property containing 116 acres which extends approxinnately • 3/4 of a mile cost-west and from 1/4 to 1/5 of a mile north-south. There are four different existing zoning classifications for the properly: • Tract A contains 56.9 acres and is zoned PUD Residential.This tract is adjacent to Stadium Boulevard which currently offers the only major street 6•ontage available to the site. A large portion ol"I'racl A is • being mined as a rock quarry.This tract is subject to,in approved grading plan which was developed to guide the rock quarrying operation with a future intent to develop the property. • Trncl B contains 57.09 acres and is zoned RS-2 Single-family Residentml.'1 his ii-act Is west ofTraet A and adjoins,although does not have access to, Slate Route 179. A grading plan for the expansion of file rock quart'into this tract will also likely be submitted for approval in the future. • 'Tract C contains 2.07 acres mid is zoned RD Medium Density Attached Residential.This small tract is north of'1'racl 13. Schepker Lanc,all gravel private road off ol'South Ten Mile Drive, extends into Tract C. • Tract D contains 0.1 S acres and is zoned RS-1 Single-family Detached Residential. This very small tract has about 50' of street frontage on Soulh 'Ten Mile Drive,a local residential street. Surrounding 7aning and Land Use • Tract A: C-2 zoning and the Wal-Mart Supercenler is to the north; C-I Neighborhood Commercial zoning and an office park is to the cast; unzoned,unincorporated land used as a rock quarry, ready- mix concrete plait and asphall plant is to the south,and RS-2 zoned undeveloped laud is to the west. • Tract B: RS-2,C-O Office Commercial and C-2 zoning and large lot residential and undeveloped land is to the north; PUD zoning and a rock quarry is to the cast; unzoned undeveloped land and a rock quarry and organic waste processing and composting facility is to the south; Route 179 is to the west. • • Tract C: RS-2 zoning and undeveloped land is adjacent in all directions. RS-I zoning with single- family homes on large lots and RD zoning of undeveloped land is further to the north. • 'Tract D: RS-1 zoning and single-family homes is adjacent to the north and cast; RS-2 zoning on undeveloped land is to the south; Route 179 is to the west. The most sensitive area in terns of existing zoning and land use is north of the western part of Tract B and north of'rmcls C and D. 'The area along South Ten Mile Drive is zoned RS-1 Single Family Residential and occupied by individual residences. Extending C-2 Geneml Commercial zoning this close to an established low density residential area could cause some significant changes in traffic patterns, noise levels and visual conditions. This could adversely affect the use, enjoyment and value of existing residential homes. Accessfl'raffic As previously mentioned, Stadium Boulevard provides the only existing access to this properly from a major street. However,preliminary studies project the extension ofa new major street front Missouri Boulevard near where South Ten Mile Drive intersects to the south through the subject properly to West Edgewood Drive across front Frog Hollow Road.A new collector street would also be extended from Stadium Boulevard across from Hyde Park Road to the west into the subject properly to intersect wish the above new north-south strecl. This would provide access to a total of three major streets as well as internal dai7ic circulation and driveway access to individual development tracts. Although these new streets would serve a majority of the properly, access to the western portion would still be limited. Route 179 is access controlled and South Tcn Mile Drive, a local residential street, is not suitable or appropriate for vehicular access to commercial development, • 2 Staff Analysis A.Comprehensive Plan Amendment.The Comprehensive Plan Land Use Map currently designates the subject property as Residential.The cast one-third near Stadium Boulevard is shown as High Density Residential;the middle one-third is shown as Medium Density Residential;and the west one-third near Route 179 is shown as Low Density Residential.The proximity to Stadium Boulevard and existing commercial development supports a change in the classification of Tract A.In addition,the potential for the extension of new streets connecting to Missouri Boulevard and West Edgewood Drive supports a change in the classification of a large portion of Tract B and all of Tract C.However,access limitations and the presence of existing residential homes supports retention of the current Low Density Residential classification for a portion of Tract B and all of Tract D which are adjacent to the South Ten Mile Drive residential area. B. Rezoning. • Tract A—Requesting rezoning from PUD Residential to C-2. Adjacent C-1 and C-2 zoning, surrounding commercial and office development and existing major street access are factors which support rezoning to C-2. • Tract B—Requesting rezoning from RS-2 to C-2.Adjacent C-2 zoning and the potential for extending a new north-south street from Missouri Boulevard to West Edgewood Drive and a new cast-west street to Stadium Boulevard are factors which support rezoning the vast majority of Tract B to C-2.Adjacent low density residential development with RS-1 zoning and the absence of major street access are factors which support retaining RS-2 zoning of the far northwest portion of Tract B. • Tract C—Requesting rezoning from RD to C-2.The potential for extending a new north-south street from Missouri Boulevard to West Edgewood Drive and a new east-west street to Stadium Boulevard are factors which support rezoning Tract C to C-2 • • Tract D—Requesting rezoning from RS-1 to C-2.Adjacent RS-1 zoning, the proximity to low density residential land use and the availability of access to only a local residential street are factors which support retaining the existing RS-1 zoning. Staff Recommendations A. Staff supports amendment of the Comprehensive Plan Map from Medium and High Density Residential to Commercial for all but the far northwest area of the property.A small part of Tract Band all of Tract D should remain Low Density Residential. B. Staff supports rezoning the subject property as described above in the staff analysis section.See die attached map which shows the zoning plan for the property as recommended by planning staff. • 3