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Home My Public Portal AboutORD15090BILL NO. 2012 -147 SPONSORED BY COUNCILMAN Mihalevich ORDINANCE NO. 15—q) L1 L9 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 0.97 ACRES FROM RS -2 LOW DENSITY RESIDENTIAL TO RA -2 HIGH DENSITY RESIDENTIAL, FOR LAND ADDRESSED AS 2611 SOUTHRIDGE DRIVE, DESCRIBED AS PART OF THE NORTHWEST QUARTER OF SECTION 23, 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 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 -2 Low Density Residential to RA -2 High Density Residential: A 0.97 acre tract of land out of the Northwest Quarter of Section 23, Township 44 North, Range 12 West, Cole County, Missouri, being more particularly described as follows: Beginning at the Southeast corner of that certain 0.45 acre tract of land conveyed to Donald Franklin Kirby, et ux., by Phillips Pipe Line Company by Special Warranty Deed dated April 29, 1963, the said Southeast corner being on the South line and approximately 600 feet easterly from the Southwest corner of the Northwest Quarter of Section 23, Township 44 North, Range 12 West, Cole County, Missouri; thence North 3 °48" West with the East line of said 0.45 acre tract, 207.6 feet more or Tess to a point, on a curve to the left, in the South right -of- way line of Missouri State Highway, Old Route C; sixty feet in width, to the Northwest comer of the herein described tract; thence northeasterly with said right -of -way line and being along said curve approximately 110.5 feet to a point located from the said Northwest corner by traversing North 86 °12' East, 100.0 feet and then North 3 °48' West to the intersection with said right -of -way line; thence South 34 °20' East, approximately 300 feet to a point in the South line of the Northwest Quarter of said Section 23 being 250.0 feet easterly from the point of beginning of the herein described tract; thence South 86 °12' West, 250.0 feet to the point of beginning; containing 0.97 acres, more or less.. Section 2. An amendment to the Comprehensive Plan Development Plan Map is hereby endorsed to show the area described in Section 1 as High Density Residential. Section 3. This ordinance shall be in full force and effect from and after its passage and approval. Passed: (11 Attit 10, ACI3 ,fq"------- Presiding Office Approved: -?,47 //3 Mayor ATT T. APPROVED AS TO FORM: City Clem C. Counselor NOTICE OF PUBLIC HEARING ON PLANNING AND ZONING MATTERS The City Council of the City of Jefferson, Missouri, will hold public hearings on the following planning and zoning matters on Monday, March 18, 2013 at 6:00 p.m. in the Council Chamber of the John G. Christy Municipal Building, 320 East McCarty Street, Jefferson City, Missouri. 2611 SOUTHRIDGE DRIVE — REZONING 0.97 ACRES FROM RS -2 LOW DENSITY RESIDENTIAL TO RA -2 HIGH DENSITY RESIDENTIAL AND ASSOCIATED COMPREHENSIVE PLAN AMENDMENT: The property is described as a 0.97 acre tract of land out of the Northwest Quarter of Section 23, Township 44 North, Range 12 West, Cole County, Missouri, being more particularly described as follows: Beginning at the Southeast corner of that certain 0.45 acre tract of land conveyed to Donald Franklin Kirby, et ux., by Phillips Pipe Line Company by Special Warranty Deed dated April 29, 1963, the said Southeast corner being on the South line and approximately 600 feet easterly from the Southwest corner of the Northwest Quarter of Section 23, Township 44 North, Range 12 West, Cole County, Missouri; thence North 3 °48" West with the East line of said 0.45 acre tract, 207.6 feet more or Tess to a point, on a curve to the left, in the South right -of -way line of Missouri State Highway, Old Route C; sixty feet in width, to the Northwest corner of the herein described tract; thence northeasterly with said right -of -way line and being along said curve approximately 110.5 feet to a point located from the said Northwest corner by traversing North 86 °12' East, 100.0 feet and then North 3 °48' West to the intersection with said right -of -way line; thence South 34 °20' East, approximately 300 feet to a point in the South line of the Northwest Quarter of said Section 23 being 250.0 feet easterly from the point of beginning of the herein described tract; thence South 86 °12' West, 250.0 feet to the point of beginning; containing 0.97 acres, more or less. Individuals should contact the ADA Coordinator at (573) 634 -6570 to request accommodations or altemative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Phyllis Powell, City Clerk, City of Jefferson, Missouri P.T. - Friday, March 1, 2013 For contact information only. Department of Planning and Protective Services /Planning Division 320 East McCarty Street, Room 120, Jefferson City, Missouri 65101 Contact: Anne Stratman or Janice McMillan Phone (573) 634 -6475 Fax (573) 634 -6457 EXCERPT OF UN- APPROVED MINUTES JEFFERSON CITY PLANNING AND ZONING COMMISSION February 14, 2013 5:15 p.m. COMMISSION MEMBERS PRESENT Jack Deeken Dean Dutoi Chris Jordan, Vice Chairman Michael Lester David Nunn Ralph Robinett, Chairman Dale Vaughan Bunnie Trickey Cotten, Alternate Ron Fitzwater, Alternate COMMISSION MEMBERS ABSENT Bob George Chris Yarnell Kevin Thoenen, Alternate EX- OFFICIO MEMBERS PRESENT Rick Mihalevich, City Council Liaison STAFF PRESENT Janice McMillan, Director of Planning & Protective Services Jeremy Cover, Associate City Counselor Eric Barron, Senior Planner Anne Stratman, Administrative Assistant ATTENDANCE RECORD 7 of 7 5 of 7 5 of 7 6 of 7 6 of 7 7 of 7 6 of 7 6 of 7 3 of 3 5 of 7 4 of 7 2 of 3 New Business /Public Hearings Case No. P13001 — 2611 Southridge Drive; Rezoning and Comprehensive Plan Amendment. Request filed by Ryan and Buffey Prenger, property owners, to rezone 0.97 acres from RS -2 Low Density Residential to RA -2 High Density Residential and an associated amendment to the development plan map of the Comprehensive Plan to show the property as High Density Residential. The property is located on the southern side of Southridge Drive 350 feet west of Foxbar Terrace and is described as part of the Northwest Quarter of Section 23, Township 44 North, Range 12 West, Jefferson City, Missouri. Mr. Barron described the proposal and explained that the purpose of this request is to allow for the construction of a residential 4 -plex. He stated that the developer is responsible for the sanitary sewer main extension. Mr. Ryan Prenger, 3925 Autumn Woods Lane, Lohman, Missouri, spoke regarding this request and explained that he is proposing to construct a residential 4 -plex on the subject property. He stated that the adjacent single family lot will remain as is. No one spoke in opposition to this request and no correspondence was received. Mr. Barron gave the Planning Division staff report. Mr. Nunn moved and Mr. Dutoi seconded to approve the Comprehensive Plan Amendment to show the property as High Density Residential. The motion passed 8 -0 with the following votes: Aye: Cotten, Deeken, Dutoi, Fitzwater, Jordan, Lester, Nunn, Vaughan Mr. Nunn moved and Mr. Jordan seconded to recommend approval to rezone the property from RS -2 to RA -2 to the City Council. The motion passed 8 -0 with the following votes: Aye: Cotten, Deeken, Dutoi, Fitzwater, Jordan, Lester, Nunn, Vaughan PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION February 14, 2013 Case No. P13001 — 2611 Southridge Drive; Rezoning and Comprehensive Plan Amendment. Request filed by Ryan and Buffey Prenger, property owners, to rezone 0.97 acres from RS -2 Low Density Residential to RA- 2 High Density Residential and an associated amendment to the development plan map of the Comprehensive Plan to show the property as High Density Residential. The property is located on the southern side of Southridge Drive 350 feet west of Foxbar Terrace and is described as part of the Northwest Quarter of Section 23, Township 44 North, Range 12 West, Jefferson City, Missouri. Nature of Request This request is to rezone a lot from RS -2 Single Family Residential to RA -2 High Density Residential and an associated Comprehensive plan amendment to show the property as High Density Residential. The purpose of the request is to allow for the construction of a residential 4 -plex. Zoning History This property was annexed into the City of Jefferson as part of the 2007 voter approved Route C — Capital Hills Annexation Area. The zoning of the property was established as part of the Annexation Plan of Intent. Zoning and Surrounding Land Use Current Zoning: RS -2 Requested Zoning: RA -2 Current Use: Undeveloped Intended Use: 4 -plex Allowed Uses: The RA -2 district allows for a maximum density of 24 residential units per acre. Please see section 35 -28 of the Zoning Code for a complete list of permitted uses. Staff Analysis Standard checklist for rezoning: Surrounding Zoning Surrounding Uses North RA -2 Tri -plex and Four -plex South RU Undeveloped East RA -2 Dupelx and Apartments West RS -2 Single Family Residential House Allowed Uses: The RA -2 district allows for a maximum density of 24 residential units per acre. Please see section 35 -28 of the Zoning Code for a complete list of permitted uses. Staff Analysis Standard checklist for rezoning: Yes No Notes: Complies with Comprehensive Plan X The annexation plan of intent identified this property as Low Density Residential. A re- designation to High Density Residential would be necessary to support the proposed zoning. Has access to necessary utilities X A short sanitary sewer main extension would be necessary to serve the property. Located outside flood zone X The property does not lie within the 100 year floodplain. Meets district size requirement X The rezoning would be an expansion of an existing RA -2 district. Benefit to City is substantial when compared to adverse affects on adjacent property X An expansion of the Multi - family zoning in an existing multi - family area would be a benefit to the City. Planning and Zoning Commission Case No. P13001 February 14, 2013 Page 2 Standard checklist for rezoning: Yes No Notes: The rezoning would not be a grant of privilege to the owner with little or no benefit to the public X Utilization of this property in a multi- family residential manner would be consistent with the land use pattern in the area. After rezoning, the allowed uses would be compatible with uses allowed in adjacent districts X Utilization of this property in a multi - family residential manner would be consistent with the land use pattern in the area. The adjacent single family house is owned by the applicant After rezoning, the allowed uses would be compatible with adjacent existing land uses X Utilization of this property in a multi - family residential manner would be consistent with the land use pattern in the area. The adjacent single family house is owned by the applicant. If not rezoned, the owner would be deprived of use advantages enjoyed by surrounding owners (reverse spot zoning) X Utilization of this property in a multi - family residential manner would be consistent with the land use pattern in the area. The requested rezoning would be an expansion of an existing district X The rezoning would be an expansion of the RA -2 district in the area. Staff Recommendation Comprehensive Plan Amendment: The land use pattern of this portion of Southridge Drive is largely multi - family residential in character. Only 7 single family residential houses exist on Southridge Drive west of Rolling Hills Drive. A redesignation of this property to High Density Residential would be an appropriate expansion of the area intended for High Density Residential use. Rezoning Request: The property is bordered to the north and the east by existing multi - family residential uses and the single family house to the west is owned by the applicant. The rezoning of the property to RA -2 would be an appropriate expansion of the RA -2 zoning in the area with little impact on the existing single family residential uses. Approve Den Neutral Staff Recommendation Form of Motion 1. Motion to approve the comprehensive plan amendment request to show the property as High Density Residential. 2. Motion to approve the request to rezone the property from RS -2 to RA -2. City of Jefferson Planning & Zoning Commission LOCATION %\\ 6 rd §L �_..,..ti ,1,,`a— , G .4- Case No. P13001 0 130 260 520 Fee 2611 Southridge Drive Rezoning from RS -2 to RA -2 and Comprehensive Plan Amendment City of Jefferson Planning & Zoning Commission VICINITY ppm firqui IP it 'to al iC via I .. �..•. !. ON iiid :mw P� aammo11lP9 ?I RT C Itel Arg urip4 r "BLI I B IRI DR -STARL-ING.DR MEADO -111 1 1� � ■ , Hi-, 7 CHERYL —DR, FOX= MOOR`CT 1= MUM Sft.. • Case No. P13001 2611 Southridge Drive Rezoning from RS -2 to RA -2 and Comprehensive Plan Amendment 0 305 610 1,220 Feet IN MI APPLICATION FOR ZONING AMENDMENT City of Jefferson - Planning Division Department of Planning & Protective Services 320 East McCarty Street Jefferson City, Missouri 65101 Phone (573) 634 -6410 Fax (573) 634 -6457 The undersigned hereby petitions the Planning and Zoning Commission and City Council of the City of Jefferson, Missouri, for the-following amendment to the Zoning Code Zoning Text Amendment (Describe below or attach complete narrative) Article and Section Affected (if applicable) Description of proposed text amendment: NZoning Map Amendment (Rezoning of Real Estate) The undersigned hereby state they are the owners of the following described real estate: Property Address: c 2 C , ) 3o i t h f dye• Legal /Property Description (write out or attac s an exhibit): Scc f}o►rixhtd Who pe�t't!ion to rezone the above describ d real estate from its present classification of N). district to ? A district. The purpose of this rezoning request is to: Develop( 4 y p1-cx. Cikl(c) �'"� 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 S . ARATE SHEETS. R P `Property Owne1 Name (type or prat) ZUL, re I') c,r- Property 0 er #2 Nam {type or print) Subscribed and sworn before me this ANNE M. STRATMAN Notary Public - Notary Seal State of Missouri Commissioned for Once Cody My Commission Expires: Aspet 2712015 &111WRICKAJt, ,y14.1Finn. floouI1 ) Address of Property Owner #1: 341)s Aht y►in Woav{s Loh mail Plo 6SOSS Address of Property Owner #2 Lar► e_ Phone Number(s): Applicant Information (if different from property owner): Name: Address: Phone Number For City Use Only: Application Filing Fee $200 Payment Received: Cash (Receipt # ) Check (Copy; check # ) Attachments: Additional sheets or documentation Applicant/Project Information Sheet Location Map Individuals should contact the ADA Coordinator at (573) 634 -6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. APPLICATION FOR AMENDMENTS TO THE COMPREHENSIVE PLAN City of Jefferson - Planning Division Department of Planning & Protective Services 320 East McCarty Street Jefferson City, Missouri 65101 Phone (573) 634 -6410 Fax (573) 634 -6457 Date Received: The undersigned hereby petitions the Planning and Zoning Commission and City Council of the City of Jefferson, Missouri, for the following amendment(s) to the City's Comprehensive Land Use Plan or Development Plan Map. Text Amendment 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. All applications shall attach 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 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. 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. 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. 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 there will benefits derived by the community or area by the proposed change. Amendment Requested by: (taIn Prt Nam (typed or prin d) Property Owner Staff Planning Zoning Commission Si net Property Owner Name Address 39 )3 A,4fls +n Woods Lane_ Z..o hrti 4n /V?D 6S0-1.3 Phone Number(s): 573 - 61q -164`j Applicant Name (if different from owner): Address: Phone Number(s) For City Use Only: Application Filing Fee $200 Application Filing Fee Received: Cash (receipt # ) Check (copy; check # Attachments: Narrative Map Applicant/Project Information Sheet Individuals should contact the ADA Coordinator at (573) 634 -6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. 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. At the time of the annexation of this property, an expansion of the multi family residential uses along Southridge Drive to this property was not envisioned, and the annexation plan of intent assigned a single family residential status to this vacant lot. Redesignation of this lot to a multi family residential zoning designation in order to match the use of the property to the north and east is requested. B. Whether events subsequent to the Comprehensive Plan adoption have invalidated the Commission's original premises and findings made upon plan adoption. See Item A. C. Whether the change is consistent with the goals, objectives and policies of the Plan. The change would be compatible with the development pattern in the area. 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. At the time of annexation, this lot and the single family lot next to it were identified as a single parcel, although they are separate lots. E. Whether the change is needed to improve consistency between the Comprehensive Plan and other adopted plans. The change would be compatible with the development pattern in the area. F. Whether public and community facilities, such as utilities, sanitary and storm sewers, water, police and fire protection, schools, parks and recreation 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. Sewer service is intended to be accommodated by a 100 foot sewer main extension along Southridge Drive. All other public utilities are available for extension to serve the area. 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. Not applicable. This requested change is for a small portion of property bordering existing multi family residential uses. H. Whether there will be benefits derived by the community or area by the proposed zone. The community will benefit from the development of compatible land uses in the area. in at e';k ckt � O • .G/!8/ OS- AJ 08/ 01 -0 0- N. I • *°te Q1 • City of Jefferson Department of Planning & Protective Services 320 E. McCarty St. Jefferson City, MO 65101 January 31, 2013 Dear Property Owner: Eric J. Struemph, Mayor Janice McMillan, Director Phone: 573 -634 -6410 Fax: 573 - 634 -6457 This letter is to notify you that the Jefferson City Planning and Zoning Commission will meet at 5:15 p.m. on Thursday, February 14, 2013 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. P13001 — 2611 Southridge Drive; Rezoning and Comprehensive Plan Amendment. Request filed by Ryan and Buffey Prenger, property owners, to rezone 0.97 acres from RS -2 Low Density Residential to RA -2 High Density Residential and an associated amendment to the development plan map of the Comprehensive Plan to show the property as High Density Residential. The property is located on the southern side of Southridge Drive 350 feet west of Foxbar Terrace and is described as part of the Northwest Quarter of Section 23, Township 44 North, Range 12 West, Jefferson City, Missouri. 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 Planning and Protective Services / Planning Division 573 - 634 -6457 mail: Dept. of Planning and Protective Services / 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 March 18, 2013. 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. Sincerely, Eric Barron, AICP Senior Planner Individuals should contact the ADA Coordinator at (573) 634 -6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Jefferson City Planning and Zoning Commission Page 1 Property Owner List Case No. P13001 2611 Southridge Drive February 14, 2013 COLONIAL HILLS DEVELOPMENT L L C c/o MARK KUSTER 4611 TANNER BRIDGE RD JEFFERSON CITY, MO 65101 2519 RT C CAPITOL CITY RESIDENTIAL PROPERTIES, LLC 602 GELD ST JEFFERSON CITY, MO 65109 2520 SOUTHRIDGE DR SCHRIMPF, BRADLEY C & KRISTINE E SCHRIMPF, RYAN T & HEATHER D 5907 STEEPLEGATE CT JEFFERSON CITY, MO 65101 2606 SOUTHRIDGE DR FOX, SIDNEY E JR 25 CASTLEWOOD RD ELDON, MO 65026 2612 SOUTHRIDGE DR 2515 FOXBAR TER SCHRIMPF, BRADLEY, ET'AL SCHRIMPF, KRISTINE 5907 STEEPLEGATE CT JEFFERSON CITY, MO 65101 2610 SOUTHRIDGE DR IVEN, DANIEL R & ELIZABETH A 2614 SOUTHRIDGE DR JEFFERSON CITY, MO 65109 2614 SOUTHRIDGE DR LOESCH, DOROTHY HELEN & ERMAN C A TRUSTEE ETAL 2601 RT C JEFFERSON CITY, MO 65109 RT C STROUP, DALE K & DEBORAH K 2605 SOUTHRIDGE DR, APT B JEFFERSON CITY, MO 65109 2605 SOUTHRIDGE DR LAWSON, LEON D SIMMONS, DORIS A PO BOX 1962 JEFFERSON CITY, MO 65102 -1962 2609 SOUTHRIDGE DR RILEY, KEVIN T & DANA S 2615 SOUTHRIDGE DR JEFFERSON CITY, MO 65109 2615 SOUTHRIDGE DR RYAN & BUFFEY PRENGER 3925 AUTUMN WOODS LANE LOHMAN, MO 65053 2611 SOUTHRIDGE DRIVE (Subject Property)