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HomeMy Public PortalAboutORD13883 • BILL NO. 2005-12 SPONSORED BY Councilman Kevin Brown ORDINANCE NO. / -'a 9 8 AN ORDINANCE OF THE CITY OF JEFFERSON,MISSOURI,ACCEPTING AND APPROVING THE FINAL PLAT OF CHERRY CREEK SUBDIVISION, SECTION ONE, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. WHEREAS, Cherry Creek Land , L.L.C. owners of the real estate hereinafter described, having submitted to the City Council a plat of said real estate, being located in Jefferson City, Cole County, Missouri, and more particularly described as follows: Part of the West Half of the Southeast Quarter of Section 34, Township 45 North, Range 12 West, in the City of Jefferson, Cole County, Missouri, more particularly described as follows: BEGINNING at the northeast corner of the West Half of the Southeast Quarter of said Section 34; thence S5'46'13"E, along the east line of the West Half of the Southeast Quarter of said Section 34, also being the west line of a tract of land as described by deed of record in Book 96, Page 535, Cole County Recorder's Office, 1717.78 feet to the northeast corner of a tract of land as described in Book 462, page 649 Cole County Recorder's Office; thence S84'1 3'47"W, along the northerly line of said tract of land described in Book 462, Page 649, the northerly line of Hoover Road right-of-way as described in Book 284, page 662, Cole County Recorder's Office,and the northerly line of a tract of land described in Book 284, Page 674, Cole County Recorder's Office, 494.62 feet; thence N6'06'21"W, 839.66 feet; • thence S83'53'39"W,438.26 feet to a point on the easterly right-of-way line of Missouri State Highway 179;thence northerly, along said easterly right-of-way line of Missouri State Highway 179, the following courses: N6'06'20"W, 442.53 feet; thence N15*29'01"E, 54.36 feet; thence N6'06'20"W, 300.00 feet; thence N26038'11"W, 99.80 feet; thence N6'06'20"W, 1.31 feet to a point Intersecting the north line of the Southeast Quarter of the aforesaid Section 34;thence leaving the easterly right-of-way line of Missouri State Highway 179, N84139'02"E, along the Quarter Section Line, 958.00 feet to the POINT OF BEGINNING. Containing 28.47 acres more or less. WHEREAS, it appearing that said plat has been fully and properly signed and accepted by the owner of said subdivision, known and referred to as the Plat of Cherry Creek Subdivision, Section One,that all taxes have been paid, and that in all respects the requirements of Chapter 445, RSMo, entitled "Plats" have been fully complied with by the owner of said subdivision, and that in all respects the requirements of the Planning and Zoning Commission of the City of Jefferson, Missouri, relating to plats and subdivisions have been complied with. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: SECTION 1.That the plat of Cherry Creek Subdivision,Section One,lying,being and situated within the corporate limits of the City of Jefferson, Missouri,as shown by the said plat attached hereto and made a part of this ordinance, is hereby approved and accepted by the City Council of the City of Jefferson, Missouri. - -1- • SECTION 2. The Mayor and City Clerk are hereby authorized and directed to endorse acceptance of said plat hereon and to certify the approval of said plat under the seal of the City of Jefferson. SECTION 3. This ordinance shall be In full force and effect from and after the date of Its passage and approval. Passed: Approv d: ,e- q 200 res (ng,Officer a or ATTEST: APPROVED AS TO FORM: 2x :��A4 �2 P9 city Clerr City Counselor • • -2- City of Jefferson 300-500 Block of Rock Hill Rd. 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V PLANNING STAFF REPORT • JEFFERSON CITV PLANNING AND ZONING COMMISSION May 13, 2004 .tune 10, 2004 Case No. P04023 -300 through 500 Block of Rock(till Road. Fima1 Subdivision Plat of Cherry Creek Subdivision, Section One(continued from Nay 13, 2004). An application filed by Cherry Creek Land, L.L.C., land owner, Mike Rackers, representative (Central Missouri Professional Services, Consultant) for approval of a Final Plat for Cherry Creek Subdivision SECTION ONE.. Thesubdivision proposesone(I)lot containing5.81 acreszoned RC Rural Conservation, one(1) lot containing 18.57 acres zoned RA-2 Multi-Family Residential and three(3) lots upon 3.32 acres zoned C-2 General Commercial, fora total of live(5)lots upon 27.7 acres, The subject property is located in the Southeast Quarter or Section 34,Township 45 North, Range 12 Nest. Location The subject property is located on the cast side of Rock Ifill Road / Highway 179, north of the current culmination of Iloover [toad and south of the existing lots south of Sue Drive. The property is bordered by the Riverview Cemetery along the entire eastern border of the property. Background /7.onin l 11� istory 1967 Annexed to the City of Jefferson; zoned for single family residential with frontage zoned for local commercial (1968 zoning map). 1968-1972 Frontage along Nest Main was rezoned to M-2 according to a 1972 zoning map. • 1978 Application to extend M-2 zoning north; add RA multiple family; 300 feel of RC Conservation district adjacent to residential properties on file north.City Council modified the zoning districts:file RC area was expanded to 400 feet in width;the remaining land was rezoned to M-I Light Industrial (Ordinance Number 9189, 11/14/1978) 2003 Rezoning of 2.70 acres from RC,Conservation District,to RA-2,Multi-Family Residential, rezoning or 15.65 acres from M-1, Light Industrial to RA-2,Multi-family Residential,and the rezoning of 12.79 acres from M-1, light Industrial to C-2, General Commercial (Ordinance No. 13592, 8/18/03) 2004 Preliminary subdivision plat was approved by the Planning and Zoning Commission on April 8, 2004 consisting of one (1) lot containing 5.81 acres zoned RC, Itural Conservation,one(1)lot containing 18.57 acres zoned ItA-2,M ulli-family Residenlinl,and five(5) lots upon 12,79 acres zoned C-2, General Commercial, fora total of seven (7) lots upon 36.95 acres, (Case No. 1104016). Current Pronnsal This proposed final plat consists of five(5)lots on 27.7 acres.Proposed Lols 1,2 and 3 are zoned C-2 General Commercial and proposed for commercial use. Proposed Lot 4 is zoned RC and proposed to be dedicated to file City in accordance with[lie development agreement approved by the City Council(for open space and slornnvater detention purposes), Proposed Lot 5 is zoned RA-2 and proposed for development as multi- family residential. The final plat shows access to this section of the subdivision will he gained from a continuation of I Ioover Road into the multi-liunily lot (Lot 5)and one new street,Cherry Creek Court, that will enter the subdivision from Rock I[ill Road. An unplatted area remains to the south of proposed Section One, shown on the preliminary subdivision plat • as two commercial lots and a second public street. Case No. P04023 300-500 Block of Rock Hill Road • Plannine and Zoulne Commission -.June 10, 2004 Paee 2 Section 33-8 of the Subdivision Code. Regarding Final flats All items required by Section 33-8 Preliminary Plat Contents appear to have been addressed on the plat;all inforniation pertinent to review by Planning staft'bas been addressed. All lots mcd or exceed zoning requirements ofthe RA-2,C-2, and RC zoning districts. Section 33-9. of the Subdivision Code. Conslntction of Iniorovenicnls The proposed Cherry Creek Court will be classified as a local street and according to Section 33-9.D.Lis required to have sidewalks located along at least one side of the street. A sidewalk is shown to be located along thc frontage to Cherry Creek Court onlhenorth side oftbestreet, Likewise,i loover Road is classified as a local street and would require the installation of sidewalks on at least one side of the street that abuts this properly. Rock Ilill Road is classified as an arterial roadway. A five foot wide sidewalk is also shown along the frontage of the subdivision to Rock Hill Road / Highway 179, as required by Section 33-9.D. of the subdivision code. The sidewalk along Rock Bill Road will lie into the sidewalk located on the north side of Cherry Creek Court, which will in turn tic info a side walk that is shown to extend through proposed Lot 4 and extend lo'rwin Bills Road. A development agreement exists between the developer and the City Council which governs certain site and off-site improvements. Staff CommenllRecommendation: Approve._ The final plat is consistent with the approved preliminary plat and the approved development agreement. • Planning staff recommends approval of the Final flat of Section One of Cherry Creek Subdivision,subject to comments from the Engineering Division. • • Jefferson City Planning & Zoning Commission Meeting Engineering Division Staff Report Thursday, June10, 2004, 5:15pnt Case No. 1104023 - Final Plat of Cherry Creek Subdivision, Seetion One(1), 300 Block through 500 Block of Rock Hill Road (RC, RA-2, C-2) COMMENTS: The Engineering Division has done a technical review ol'the final plat as submitted by Central Missouri Professional Services, Inc. Almost all items concerning Engineering Division review in Section 33-8. of the Subdivision Code pertaining to final plat contents have been addressed on the latest submittal of the final plat. The following comments are regarding this review; Regarding infrastructure; Infrastructure plans have been submitted and have been reviewed by the City ofJcfrcrson Division of Engineering of Public Works. These plans are nearing approvable condition, pending review completion. We are nearing completion of the review of these infrastructure plans. These include plans for Hoover Road, storm drainage, storm water • detention, and sanitary sewer. These plans were submitted ahead of the final plat in order to finalize many of the issues regarding storm drainage detention, etc. Sanitary sewer main design will need to be completed for the lots proposed in the platted area. The plan view shows sewer extension to the commercial lots along MO Route 179. No profiles were provided for this area and will be needed. Sanitary sewer casement has been shown to extend to the southeastern property line east of Hoover Road to serve adjacent property in the future. The main was not extended to the property line. Would it be wise to extend a stub for future service to adjacent property out from under the pavement that will be placed for the drive, either to the property line or at least out front under the pavement so that if future extension to adjacent property occurs, the pavement will not have to be dug up or replaced? Traffic impact, widening plans, access plans etc. for MO Route 179 have been submitted and approved by the MO Dept. of Transportation. Permits for right-of-way construction have not yet been issued. Widening and access to MO Route 179 are shown on the final plat. Access to Hoover Road is shown as well. An overall grading plan has been submitted and reviewed. A grading permit has been issued for the site, as well as a Land Disturbance Permit from the Missouri Department of Natural Resources. An erosion control plan has been submitted and reviewed in • conjunction with these plans/permits. permits, grading and construction have been authorized for the detention basin, in the vicinity ofthe creek area. Authorization from i the Missouri Department of Natural Resources, and the Corps of Engineers has been received and approved for 404 Permit Certification, subject to MDNR approval for 401 Water Quality. A stream mitigation plan has been submitted and has been approved by the Department of Natural Resources for 401, Water Quality Certification. Storm drainage detention has been designed, on it regional basis, to limit the (low downstream to what the ten (10) year (low for the 200 acres upstream of the creek at the north portion of the property would be if the watershed had no development within it, including Unilever, Johnson Controls, Cherry Creek Development, etc. The S X S box culvert under MO Route 179, and the two drainage systems proposed from this development, will empty into the proposed detention basin. The outlet structure, a 36" diameter similar size elliptical pipe, will limit the flow downstream. This is a significantly smaller structure than the 72" diameter pipe under Twin Hills Road,just downstream of this area. The area designated as a regional detention will provide storage in rainfall events to temporarily store excess water from all the developments upstream. A development agreement has been approved by the City Council to address this regional detention basin, A plan for the walking trail has been submitted for review. A copy of the this plan has been forwarded to the Parks and Recreation Department for comment. Regarding traffic impact; • A traffic impact study was submitted to the City of Jefferson and to MoDOT regarding this development. As indicated previously, MoDOT has essentially approved the plans for widening and access on MO Route 179, pending issuance of a right-of--way permit for construction. ENGINEERING STAFF POSITION: Support, with the following condition; Finalize technical comments from the latest review of the improvement plans. •