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HomeMy Public PortalAboutORD15105BILL NO. 2012 -161 SPONSORED BY COUNCILMAN Mihalevich ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, REPEALING THE SPECIAL EXCEPTION USE PERMIT GRANTED BY ORDINANCE NO. 13904, AND APPROVING A NEW SPECIAL EXCEPTION USE PERMIT FOR OPEN LAND, FOR PROPERTY ADDRESSED AS 2301 GREEN MEADOW DRIVE, DESCRIBED AS RESERVE TRACT A, RIVERS EDGE ESTATES SUBDIVISION, JEFFERSON CITY, COLE COUNTY, MISSOURI WHEREAS, Keith and Sarah Huhn, owners of the real estate hereinafter described, having submitted an application for a Special Exception Use Permit for an Open Land Permit for the land described as follows: Reserve Tract A, the River's Edge Estates, in the City of Jefferson, Missouri, per plat of Record in Plat Book 12, Page 209, Cole County Recorder's Office, containing 82.3 acres. and WHEREAS, it appears that the procedures set forth in the zoning code have in all matters been complied with. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Special Exception Use Permit for the above described property granted on July 18, 2005, by Council Ordinance No. 13904 and on file as Case No. P05023 in the Jefferson City Planning Division is hereby repealed. Section 2. In accordance with Section 35- 41.B.30 Open Land Permits, the Special Exception Use Permit Application on file as Case No. P13003 in the Jefferson City Planning Division is hereby approved for the property described above, subject to the following conditions: 1, Use of the area highlighted on Attachment A as agricultural cropland is permitted, including clearing within the highlighted area to remove brush in accordance with condition #6. 2. Permitted crops on the property shall be limited to hay, soybeans, and/or corn. 3. No livestock or horses are permitted. 4. Agricultural fields shall retain a minimum setback of 15 feet from adjacent residential properties. 5. No top soil may be removed from the property. 6. Clearing operations shall be limited to the area highlighted on Attachment A, except that no clearing shall occur within 30 feet of the top -of -bank of the Moreau River nor within 25 feet from the top -of -bank of tributary creeks through the property. 7. Areas outside the area highlighted on Attachment A shall retain their natural wooded character, except that standing timber of 24 inches in diameter or more may be removed in a manner that preserves the forested areas of the property and hardwoods bordering the Moreau River. 8. The existing storage building may be used only for storage of items and equipment related to the agricultural use. The color of the building shall be maintained as a light earth tone such as gray or tan. SECTION 3. This ordinance shall be in full force and effect from and after its passage and approval. Pasted �ST- O/3 Presiding ,C.3,tficer ATTEST: City Clerk Approved Mayor APPROVED AS TO FORM: Counselor NOTICE OF PUBLIC HEARINGS 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, April 15, 2013 at 6:00 p.m. in the Council Chamber of the John G. Christy Municipal Building, 320 East McCarty Street, Jefferson City, Missouri. 1. 3117 MOREAU VIEW DRIVE — REZONING 0.9 ACRES FROM C -1 NEIGHBORHOOD COMMERCIAL TO RS -2 SINGLE FAMILY RESIDENTIAL AND ASSOCIATED COMPREHENSIVE PLAN AMENDMENT: Part of the Northeast Quarter of the Southeast Quarter of Section 22, Township 44 North, Range 11 West, City of Jefferson, Cole County, Missouri, more particularly described as follows: From the northeast corner of the Northeast Quarter of the Southeast Quarter of said Section 22; thence S05 °15'53 "E, along the Section Line, 349.94 feet to the POINT OF BEGINNING for this description, thence continuing along the Section Line, S05 °15'53 "E, 295.20 feet to a point on the centerline of Moreau View Drive and the current southerly C -1 zoning line; thence Northwesterly, along the current southerly C -1 zoning line the following courses: on a curve to the left, having a radius of 819.04 feet, an arc distance of 123.17 feet, (the chord of said curve being, N38 °22'52 "W, 123.06 feet); thence N42 °41'22 "W, 22.23 feet; thence on a curve to the left, having a radius of 716.77 feet, an arc distance of 195.99 feet, (the chord of said curve being, N50°31 22"W, 195.38 feet); thence N58 °21'22 "W, 61.08 feet; thence leaving said current southerly C -1 zoning line, N30 °53'40 "E, 158.49 feet; thence S59 °07'17 "E, 216.51 feet to the POINT OF BEGINNING. Containing 0.9 acres. 2. 2301 GREEN MEADOW DRIVE; RESERVE TRACT A, RIVER'S EDGE ESTATES SUBDIVISION — NEW SPECIAL EXCEPTION USE PERMIT: The Special Exception Use Permit granted by Ordinance No. 13904, approving a "savanna" shall be repealed, and in its place a new Special Exception Use Permit is proposed, to permit brush removal, harvesting of hay, soybeans and /or corn, and selective removal of standing timber in designated areas. The property is addressed as 2301 Green Meadow Drive and is described as Reserve Tract A of River's Edge Estates, in the City of Jefferson, Missouri, per plat of record in Plat Book 12, Page 209, Cole County Recorder's Office, containing 82.3 acres. 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. Phyllis Powell, City Clerk, City of Jefferson, Missouri P.T. - March 29, 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 Attachment A 2301 Green Meadow Drive 0 205 410 E s 820 1.230 1,840 Feet 9 Area to be established as agricultural crop land / hay field EXCERPT OF UN- APPROVED MINUTES JEFFERSON CITY PLANNING AND ZONING COMMISSION March 14, 2013 5:15 p.m. COMMISSION MEMBERS PRESENT Jack Deeken Dean Dutoi Bob George Michael Lester Ralph Robinett, Chairman Dale Vaughan Chris Yarnell Bunnie Trickey Cotten, Alternate Kevin Thoenen, Alternate COMMISSION MEMBERS ABSENT Chris Jordan, Vice Chairman David Nunn Ron Fitzwater, 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 Shane Wade, Civil Engineer II Anne Stratman, Administrative Assistant New Business /Public Hearings ATTENDANCE RECORD 8 of 8 6 of 8 6 of 8 7 of 8 8 of 8 7 of 8 5 of 8 7 of 8 3 of 4 5 of 8 6 of 8 3 of 4 Case No. P13003 — 2301 Green Meadow Drive; Amended Special Exception Use Permit. Request filed by Keith and Sarah Huhn, property owners, for an amendment to a Special Exception Use Permit to allow use of the property for harvesting hay and /or soybeans or corn and selective removal of standing timber. The property is located at the end of the Green Meadow Drive cul -de -sac and consists of bottomland along the Moreau River. The property is described as Reserve Tract A of Rivers Edge Estates Subdivision. Mr. Barron described the proposal and explained that this property consists of bottomland along the Moreau River that was platted as a Reserve Tract in the Rivers Edge Estates Subdivision in 2000. He stated that a Special Exception Use Permit to establish a conservation area on this property was approved in 2005. Mr. Barron explained that the Special Exception Permit allowed the property to be farmed until the end of 2008 before being converted to a savanna and also allowed the removal of topsoil. He stated that the applicants have been harvesting hay on the land for several years, and would like to continue to use the property in this manner. Mr. Barron explained that the applicants are proposing to abandon the previous savannah oriented Special Exception Use Permit and establish a new agriculture oriented Special Exception Use Permit that would allow the following: (1) use of a portion of the property, which includes clearing areas that are overgrown with brush, as agriculture land to harvest hay and or soybeans /corn; and (2) establishment of a practice to remove standing timber of 24 inches in diameter or greater to allow harvesting of timber in a conservation oriented manner. He stated that the selective removal of large trees would allow limited harvesting of lumber in an environmentally conscious manner while actually improving the stabilization of the river bank. Mr. Barron explained that no form of livestock would be allowed. He stated that a 15' buffer would be maintained between the field and neighboring properties. Mr. Barron explained that the City owns a sewer pump station with an existing easement off of Greenbeny Road. Excerpt of Un- Approved Minutes Page 2 March 14, 2013 Mr. Keith Huhn, 130 Coyote Hollow Lane, Westphalia, Missouri, spoke regarding this request and explained that he purchased the property in December 2012. He stated that his intent is to bring back to natural agricultural use the areas where there is light brush. Mr. Huhn explained that the large piece on the lower end is old timber and is in the floodplain and he does not have any intentions of farming that. He stated that he will remove standing timber 24 inches in diameter in order to preserve the hardwoods bordering the river. Mr. Huhn explained that this will allow smaller trees to mature and preserve the banks and diminish erosion. He stated that clearing of the land will stay 30 feet from the Moreau River. Mr. Huhn explained that he intends to use the property to harvest hay for his cattle operation in Osage County. He stated that he intends to use approximately 50 acres for his hay operation. Mr. Harold Kunz, 3320 Goose Trail, explained that he owns property across the river from the sewer pump station. He commented that he had a verbal agreement with Mr. Roger Verslues, previous property owner, to not remove trees in front of the sewer pump station so that it is not visible from his property. Mr. Kunz stated that he does not want the trees along the river bank and in front of the sewer pump station disturbed. He commented that he has no concerns with the proposed agricultural use. Mr. Kunz explained that the visibility is fine now but will not be if the trees are removed. Mr. Barron clarified that the City does not own the property where the pump station is located. He explained that the pump station is located on an easement along with an easement to allow for driveway access. Mr. Barron stated that Mr. Kunz could contact Eric Seaman, Wastewater Division Director, to discuss the pump station light. Regarding concerns about clearing trees around the creek on the western side of the property, Mr. Barron stated that a condition could be established to not allow clearing on the western side of the creek. Mr. Wade explained that if the creek is over 50 acres of drainage he would need to comply with stormwater regulations as well. Mr. Wade explained that the stormwater setback for a riparian corridor is 25 feet whereas the stormwater setback for a structure is 35 feet. Mr. Barron explained that two additional conditions could be added: (1) establish a 25 foot riparian corridor along the creek; and (2) no clearing on the western side of the creek. Mr. Huhn commented that he concurs with the stipulation of not clearing trees to the west of the creek. Mr. Dutoi asked to add a clarification for future discussion or concerns that any tree over 24 inches in diameter can be removed but cannot be clear cut because it is outside of the designated area. Mr. Robinett suggested stipulating that the Special Exception Use Permit is approved subject to the corrections of the Planning and Engineering Divisions. Mr. Barron concurred that staff could firm up the technical language in the council bill to ensure that the allowed use of the property is as it has been represented. Mr. Huhn concurred with staffs recommendation. Mr. George moved and Mr. Dutoi seconded to recommend approval of the request for an amended Special Exception Use Permit subject to comments and technical corrections by the Planning and Engineering Divisions to the City Council. The motion passed 8 -0 with the following votes: Aye: Cotten, Deeken, Dutoi, George, Lester, Thoenen, Vaughan, Yarnell City of Jefferson Planning & Zoning Commission VICINITY p --AT** ,,,,,a....1. itit • EL -L-1 INile G �� �S -BL -VD _ 1. �,� �'�SEUEN- HIL -L -S .RD INa 0* * IN ii —. -4 PA a I re / �� rrr W OP di ? /sir /Aum 1 �\.6�� Nr� Z Lu 0 400 800 1,600 Feet 2301 Green Meadow Drive Amended Special Exception Use Permit City of Jefferson Planning & Zoning Commission LOCATION Prz�e -�n pixy _ ! I `W — (3. y)y , -\ ' • ' „\\,, „:„ T=YLER tRl yr� \:\ P U D 0 280 560 1,120 Feet 2301 Green Meadow Drive Amended Special Exception Use Permit s APPLICATION FOR SPECIAL EXCEPTION USE 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 Coun iI of Missouri for the following Special Exception: FEB 1 1 2013 Proposed Land / Use (inclqdp Reference Numb pr from ,Lang Use Nbtrix; site plan must be attached) icyr -12 i. '- v n v Jl.1 -`-Uei G. Property Location /Address: Legal /Propert Description: So i Gr-e -. Is as follows: Current Zoning District: Does project involve a change in zoning district? «No O Yes, proposed zoning If yes, a separate rezoning application is required 1Z S.-- The undersigned hereby state they are the owners of the real estate described above or in the attached exhibit who petition for special exception use: ALL OWNERS OF REAL PROPERTY INCLUDED IN THIS APPLICATION MUST SIGN THE APPLICATION, AND ALL SIGNATURES MUST BE NOTARIZED. IF ADDITIONAL SIGNATURES ARE NEEDED, PLEASE ATTACH SEPARATE SHEETS. �I hLk ertyOwnner #1 Name (type or print) n roperty Owner #2 Name (type or prat) Subscrib i,sworn Ug'o :NOTARY .- SEAL beflarn lLE )/ My Commission Expires July 15, 2014 Osa u e Coun day of Prop rty Owner Signa ure ^ Property Owner Signat e in the year al J/ l . Notary Pi,ltSlic v ;lm Commission #10431717 Address of Property Owner #1: 1 3 O ay Address of Property Owner #2 /AA 1-.111 eslLrt. M CPSU�'i SAcr.0 Phone Number(s): S '7 » - / / Applicant Information (if different from property owner): Name: Address: Phone Number(s) For City Use Only: Application Filing Fee $200 Payment Received: Cash (Indicate Receipt # Attachments: Site plan Subdivision Plat Applicant Information Sheet Check (Copy; indicate check # ) Project Description Narrative Location Map Other documentation 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. Keith & Sarah Huhn February 9, 2013 To: Planning & Zoning Commission City of Jefferson, Missouri Re: 2301 Green Meadows Drive Special Exemption Use Permit Application Members of Planning and Zoning, City of Jefferson: The above referenced property has been purchased by Keith and Sarah Huhn from Folk, Missouri. The new owners are requesting a new special use permit for the above mentioned property. The owners request the following: 1. Abolish the current Special Use Ordinance approved on July 22, 2005 for 2301 Green Meadows Drive. 2. Establish a practice to remove standing timber of 24 inches in diameter to continue to preserve the hardwoods boarding the Moreau River. This will allow smaller more hardy trees to continue to mature and preserve the banks and diminish erosion. 3. Sheet 1 outlines the area that is being requested to return to productive agriculture land. Said land will only be used to harvest hay and or soybeans /corn. No form of livestock will be allowed. We will continue to keep a 15 foot barrier of sod between existing neighboring properties. 4. To re- establish the agriculture potential in the property, some land will need to be cleared. Clearing of land willstay feet from the Moreau River, to limit potential erosion, and 30 feet from any neighboring property. During the clearing of the land, burning the piles of timber is being requested. o; 5. To remove some vegetation, a round -up application may be required to allow for a productive crop. 6. No top soil will be removed. Some grading and drainage effort may need to be applied. Respectfully,b Keith & Sarah Huhn • kee4 MidMoGIS, MO r. Au az, Page 1 of 1 • 9U } is Parcel ID Mailing Address City State ZIP Property Address Subdivision Subdivision Imaoe Property Description 1109290003003001 Green Meadow Dr RIVERS EDGE ESTATES RIVERS EDGE ESTATES 137 RES TRACT .A & PT S';; QTR Sec /Twn /Rng Square Feet (A•'ove Grade) 0 Basement Type Finished Bsmnt. Si- (Sq. Ft.) Year Built 0 Appra sed V &due 29/44/11 D!sc a..rner. `'tap and Dare ca_a are even tC ."+E atPurate. but aC= ::rac1' L.ar3r:eeCI 77i5 ,e no: a 1EQa' CC•C:l r^ °.nt and 3'IGv1^ not Pe SJDS :.:M:e rn' = tive 55; arc app's 55+. 54'.°V- _ fr ZG• ^ :ng VII %ca :� is r'1ap Sca'ie 1 inch = 800 feet 1;29:231'3 ,4,e 71e, Ce /Uri/ ?�O fc a'u e 7.4/42. G{ r ;G U /74-,,r� /ad http:// www. midmogis. org /arcgisoutputl_ags_b4b3b0ba.jpg 1/29/2013 • - • 11- 9-x-3'(6-1 State of Missouri Cole County Larry D. Rademan, Recorder of Deeds RECORDED Book: 627 Page: 32 Receipt #: 263066 Total Fes $27.00 Reception: 201216592 �eL Pages Recorded: 2 Deputy: �n'` Date Recorded: 12/31/2012 12:52:25 PM l_.fif7" GENERAL WARRANTY DEED This Indenture; Made on the -�;�C:J ' day of 'NOV iw\� .y 1 tit►JCX , 21)12 By and between I & R INVESTIVIE TTS, LLC, GRANTOR(S) of the County of Cole, State of Missouri, party or parties of the first Part, • � W I !. KEITH t S IA I , HUS ; AND A a 1 E c . tc mailin. address MI.0 �i k, ai a 6 , wlit. l . 1 l 11 • of the County of Cole , . in the State of Misso i party or parties of the Second Part: • Witnesseth, said party or parties of the First Part in consideration oldie sum of One Dollar and Other Valuable Consideration paid by the said party or parties of the Second Part, the receipt of which is hereby acknowledged, does by these presents, GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM unto the said party or parties of the Second Part, and to the heirs, successors or assigns of such party or parties, the following described lots, tracts or parcels of land lying being and situate in the County of Cole, State of Missouri, to wit: RESERVE TRACT A, THE RIVERS EDGE ESTATES, IN THE CITY OF JEFFERSON, MISSOURI, PER PLAT OF RECORD IN PLAT BOOK 12, PAGE 209, COLE COUNTY RECORDER'S OFFICE. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD THE UNDERSIGNED STATES THAT HE IS THE MANAGER OF 1 & R INVESTMENTS, LLC, AND HAS BEEN AUTHORIZED BY ALL MEMBERS TO CONDUCT BUSINESS ON BEHALF OF SAID LIMITED LIABILITY COMPANY TO HAVE AND TO HOLD the premises aforesaid, with all and singular the rights, privileges, appurtenances and immunities thereto belonging or in anywise appertaining, unto the said party or parties of the Second Part and unto the heirs, sue essors or assigns of such party or parties FOREVER, the said party or parties of the first part hereby covenanting that said party or parties are lawfully seized of an indefeasible estate in fee in the pranises herein conveyed; that said party or parties have good right to convey the same; that the said premises are free and clear of any incumbrances done or suffered by said party or parties of the first part or those under whom said party or parties of the first part claim and that said party or parties of the first part will WARRANT AND DEFEND the title to said premises unto the said party or parties of the Second Part, and unto the heirs, successors or assigns, of the party or parties of the second pert FOREVER, against the lawful claims or demands of all persons whomsoever. IN WITNESS WHEREOF, the said party or parties of the First Part hereunto set their hand or hands the day and year first above written. 4 76749 C 1 & R INVESTMENTS, LLC BY 4# ROGE1RFRANK VERSLUES, MANAGER STATE OF MISSOURI ra. COUNTY OF COLE • j _e t� On this der of J J 6e ore me personally appeared ROGER FRANK VERSLUES, WHO IS THE MANAGER OF 1 & R INVESTMENTS, LLC to me known to be the person or persons described in and who executed the foregoing instrument on behalf of said limited liability company, and acknowledged that said person or pawns executed the same as said parson's or persons' five act and deed for the purposes therein stated. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written. My commission expires 76749 Notary Public (Notary (Seal) KELS1 S K OTZ Newry eat • S6 e 1 S'71■1E OF MISI Cioncnissiont# 14 2o1 Cote CC01 2015 City of Jefferson Department of Planning & Protective Services 320 E. McCarty St Jefferson City, MO 65101 February 28, 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, March 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. P13003 — 2301 Green Meadow Drive; Amended Special Exception Use Permit. Request filed by Keith and Sarah Huhn, property owners, for an amendment to a Special Exception Use Permit to allow use of the property for harvesting hay and /or soybeans or corn and selective removal of standing timber. The property is located at the end of the Green Meadow Drive cul -de -sac and consists of bottomland along the Moreau River. The property is described as Reserve Tract A of Rivers Edge Estates Subdivision. 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 l 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 April 15, 2013 (First Council Meeting). 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, .8e,,,, 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 & Zoning Commission Property Owner List Case No. P13003 FIGG, BEVERLY J 1724 CHELLE LN JEFFERSON CITY, MO 65101 2035 GREEN BERRY RD ALLEN, TERRY C & JUDITH L 2117 GREEN MEADOW DR JEFFERSON CITY, MO 65101 2117 GREEN MEADOW DR HILKE, DONALD R & DEBORAH L 2215 GREEN MEADOW DR JEFFERSON CITY, MO 65101 2215 GREEN MEADOW DR FENNEWALD, RONALD E, TRUSTEE 2219 GREEN MEADOW DR JEFFERSON CITY, MO 65101 2219 GREEN MEADOW DR PIERCE, DOROTHY 2225 GREEN MEADOW DR JEFFERSON CITY, MO 65101 2225 GREEN MEADOW DR HOOVER, TONY M & ANDREA L 2229 GREEN MEADOW DR JEFFERSON CITY, MO 65101 2229 GREEN MEADOW DR 2301 Green HUHN, KEITH & SARAH 130 COYOTE HOLLOW LN WESTPHALIA, MO 65085 2301 GREEN MEADOW DR (Subject Property) RUSSELL, JEANNE 2125 GREEN MEADOW DR JEFFERSON CITY, MO 65101 2125 GREEN MEADOW DR LONG, BRIAN K & BARBARA S 2129 GREEN MEADOW DR JEFFERSON CITY, MO 65101 2129 GREEN MEADOW DR Page 1 Meadow Drive March 14, 2013 RICE, RICHARD D & LINDA L, TRUSTEES 921 CARI ANN DR JEFFERSON CITY, MO 65109 2201 GREEN MEADOW DR RECTOR, ROBERT E & BARBARA A 2207 GREEN MEADOW DR JEFFERSON CITY, MO 65101 2207 GREEN MEADOW DR RODEMAN, ROBERT E & MARY K, TRUSTEES 2100 S ROCK CREEK RD JEFFERSON CITY, MO 65101 WARDSVILLE RD MAURER, ALVIN D 3804 WARDSVILLE RD JEFFERSON CITY, MO 65101 3804 WARDSVILLE RD NOWACK, DAVID J & GLORIA J 3928 WARDSVILLE RD JEFFERSON CITY, MO 65101 3928 WARDSVILLE RD 4002 WARDSVILLE RD HASELHORST, FRANK J 2115 WHITNEY WOODS CT JEFFERSON CITY, MO 65101 2333 GREEN MEADOW DR THORNBURG, KEITH A & SHARI L 2237 GREEN MEADOW DR JEFFERSON CITY, MO 65101 2237 GREEN MEADOW DR RANDAllO, MARK A & ELIZABETH A 2241 GREEN MEADOW DR JEFFERSON CITY, MO 65101 2241 GREEN MEADOW DR CHARLTON, LESLIE 2124 GREEN MEADOW DR JEFFERSON CITY, MO 65101 2124 GREEN MEADOW DR Jefferson City Planning & Zoning Commission Property Owner List Case No. P13003 I & R INVESTMENTS L L C 816 NELSON DR JEFFERSON CITY, MO 65101 2300 GREEN MEADOW DR 2304 GREEN MEADOW DR KAMPETER, CAROLYN S 2320 GREEN MEADOW DR JEFFERSON CITY, MO 65101 -2300 2320 GREEN MEADOW DR RAITHEL, MICHAEL L & KATHLEEN 2324 GREEN MEADOW DR JEFFERSON CITY, MO 65101 2324 GREEN MEADOW DR OWENS, HAROLD E & JUDY C 2328 GREEN MEADOW DR JEFFERSON CITY, MO 65101 2328 GREEN MEADOW DR PETERSON, ROBERT E & DEBORAH J 3925 RUSTIC LN JEFFERSON CITY, MO 65109 2332 GREEN MEADOW DR WHEAT, KEVIN & SARA 2448 CAMZIE DR JEFFERSON CITY, MO 65101 2327 GREEN MEADOW DR REINSCH, PAULJERON & GLORIA MAY 2303 GREEN MEADOW DR JEFFERSON CITY, MO 65101 2303 GREEN MEADOW DR PRICE, STEPHEN L & BEVERLY B 2316 GREEN MEADOW DR JEFFERSON CITY, MO 65101 2316 GREEN MEADOW DR Page 2 2301 Green Meadow Drive March 14, 2013 STROESSNER, WILLIAM A & DIANE C, TRUSTEES 6111 HERITAGE HWY JEFFERSON CITY, MO 65109 2323 GREEN MEADOW DR SCHLOTZ, ERIC J & LISA A 2319 GREEN MEADOW DR JEFFERSON CITY, MO 65101 2319 GREEN MEADOW DR GARDNER, JENNIFER SCRUGGS, STEPHANIE L 2315 GREEN MEADOW DR JEFFERSON CITY, MO 65101 2315 GREEN MEADOW DR EWING, CHARLES A & LORI M, TRUSTEES 2311 GREEN MEADOW DR JEFFERSON CITY, MO 65101 2311 GREEN MEADOW DR HAKE, BRADLEY A & CHRISTINA L 2307 GREEN MEADOW DR JEFFERSON CITY, MO 65101 2307 GREEN MEADOW DR MERTENS, LAWRENCE D 2210 GREEN MEADOW DR JEFFERSON CITY, MO 65101 2210 GREEN MEADOW DR CAMPBELL, CLINTON R & ANGELA 2206 GREEN MEADOW DR JEFFERSON CITY, MO 65101 2206 GREEN MEADOW DR LOCK, GARY R & GERALDINE F 2128 GREEN MEADOW DR JEFFERSON CITY, MO 65101 2128 GREEN MEADOW DR WANKUM, MICHAEL E & CYNTHIA A 4236 WARDSVILLE RD JEFFERSON CITY, MO 65101 4236 WARDSVILLE RD HORNER, STANLEY R & SUSAN M 1925 MERTENS LN JEFFERSON CITY, MO 65101 1925 MERTENS LN Jefferson City Planning & Zoning Commission Page 3 Property Owner List Case No. P13003 2301 Green Meadow Drive March 14, 2013 FISCHER, STEPHEN J & LINDA S, TRUSTEES 4604 WARDSVILLE RD JEFFERSON CITY, MO 65101 WARDSVILLE RD KUNZ, HOWARD A & JEANINE M 3320 GOOSE TRL JEFFERSON CITY, MO 65101 GOOSE TRAIL (OFF OF) DALLMEYER, DOROTHY SUMMERS 3714 WARDSVILLE RD JEFFERSON CITY, MO 65101 3700 WARDSVILLE RD KLEFFNER, PAUL & PENNY A 2312 GREEN MEADOW DR JEFFERSON CITY, MO 65101 2312 GREEN MEADOW DR MCGEEHAN, PATRICK H & CYNTHIA A 2202 GREEN MEADOW DR JEFFERSON CITY, MO 65101 2202 GREEN MEADOW DR ROTTMANN, WALTER C & NANCY E, TRUSTEES 2220 GREEN MEADOW DR JEFFERSON CITY, MO 65101 2220 GREEN MEADOW DR SCHAFER, CHARLES KEITH & MARY CATHERINE 1912 ANDREA DR JEFFERSON CITY, MO 65101 GREEN MEADOW DR TOM & SHARON INVESTMENTS L L C 1916 SARAH LN JEFFERSON CITY, MO 65101 RT B (OFF OF) PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION March 14, 2013 Case No. P13003 — 2301 Green Meadow Drive; Amended Special Exception Use Permit. Request filed by Keith and Sarah Huhn, property owners, for an amendment to a Special Exception Use Permit to allow use of the property for harvesting hay and /or soybeans or corn and selective removal of standing timber. The property is located at the end of the Green Meadow Drive cul -de -sac and consists of bottomland along the Moreau River. The property is described as Reserve Tract A of Rivers Edge Estates Subdivision. Nature of Request and History This property consists of bottomland along the Moreau River that was platted as a Reserve Tract in the Rivers Edge Estates Subdivision in 2000. A Special Exception Use Permit to establish a conservation area "savanna" on this property was approved in 2005 under Section 35- 41.B.30 Open Land Permits (including conservation areas). The Special Exception Permit allowed the property to be farmed until the end of 2008 before being converted to a savanna and also allowed the removal of topsoil. The applicants (Keith and Sarah Huhn) purchased the property in December of 2012. They have been harvesting hay on the land for several years, and would like to continue to use the property in this manner. They are proposing to abandon the previous savannah oriented Special Exception Use Permit for the property and establish a new agriculture oriented Special Exception Use Permit that would allow the following: • Use of a portion of the property (outlined on the map attached to the application, which includes clearing areas that are overgrown with brush) as agriculture land to harvest hay and or soybeans /corn. No form of livestock would be allowed. A 15' buffer would be maintained between the field and neighboring properties. • Establishment of a practice to remove standing timber of 24 inches in diameter or greater to allow harvesting of timber in a conservation oriented manner. Please see the application narrative for a more detailed description of the proposal. Zonini and Surrounding Land Use Current Zoning: RS -1 Requested Zoning: Amended SE Permit Current Use: Farm Field Intended Use: Farm Field Surrounding Zoning Surrounding Uses North RS -1 River Bottomland / Single Family Residential South Unincorporated Moreau River East Unincorporated • Moreau River West RS -1 Single Family Residential Planning and Zoning Commission Case No. P13003 Staff Analysis March 14, 2013 Page 2 Review Criteria for Special Exception Uses: Yes No Notes: The use is consistent with the purpose and intent of the Zoning Ordinance. X The proposed use is consistent with the portion of Open Land Permit specific use standards dealing with agricultural uses. Specific crops are identified. The use is consistent with the Comprehensive Plan. X There is no conflict with the Comprehensive Plan. The use will not substantially and permanently injure the appropriate use of neighboring property. X Use of the property in an agricultural manner would not be detrimental to the adjacent residential uses. The use will serve the public convenience and welfare. X The proposed use would be a benefit to the public. The use will not over burden the municipal services. X The proposed use is ideal from a municipal services perspective. The use will not cause traffic, parking, population density or environmental problems. X The proposed use would not be detrimental to environmental or other concerns. The use will not adversely affect the health safety and welfare of the community. X The proposed use would not adversely affect the health safety and welfare. Staff Recommendation Use of the property as an agricultural farm field is appropriate given its location adjacent to the Moreau River. Preservation and stabilization of the river bank is a key item of concern. The selective removal of Large trees would allow limited harvesting of lumber in an environmentally conscious manner while actually improving the stabilization of the river bank. Restriction of the use of the property to crop oriented agricultural uses (rather than animal oriented uses) is appropriate given the proximity of residential homes. Approve Deny Neutral Staff Recommendation X Form of Motion 1. Motion to approve the request for an amended Special Exception Use Permit.