HomeMy Public PortalAboutORD13703 BILL NO. 2003-195
SPONSORED BY COUNCILMAN KLINDT
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI,ACCEPTING AND APPROVING THE
FINAL PLAT OF CREEK MEADOW SUBDIVISION,A SUBDIVISION OF THE CITY OF JEFFERSON,
MISSOURI.
WHEREAS, Thomas and Nancy Suthoff, 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:
Tract B of a Survey of record in Book A, page 533, Cole County Recorder's Office,
being a part of Private Survey No. 2701, in the City of Jefferson, Cole County,
Missouri, more particularly described as follows: From the northeasterly corner of Lot
12 of Luebbert-Rothove Subdivision Section 1, as per plat of record in Plat Book 7,
page 61, Cole County Recorder's Office;thence N56`01'00"W, along the northerly line
of said Lot 12, 221.02 feet to the POINT OF BEGINNING; thence N56 01'00"W along
the northerly line of said Lot 12 and the northerly line of Lot 38 of Luebbert-Rothove
Subdivision Section 2, as per plat of record in Plat Book 8, page 11, Cole County
Recorder's Office, 194.87 feet to the northwesterly corner of said Lot 38, said corner
also being a point on the easterly right-of-way line of Brookdale Drive; thence
N08°59'00"E, along the easterly right-of-way line of Brookdale Drive, 160.95 feet;
thence northeasterly, along the easterly right-of-way line of Brookdale Drive, on a
curve to the right having a radius of 263.51 feet, an arc distance of 105.60 feet, (the
chord of said curve being N20 27'48"E, 104.89 feet) to the southwesterly corner of a
tract described by deed of record in Book 398, page 83, Cole County Recorder's
Office; thence S57 050'00"E, along the southerly line of said tract described by deed of
record in Book 398, page 83, the southerly line of a tract described by deed of record
in Book 448, page 189,Cole County Recorder's Office, and the southerly line of a tract
described by deed of record in Book 244, page 708, Cole County Recorder's Office,
279.41 feet to the southeasterly corner of said tract described by deed of record in
Book 244, page 708;thence S32'1 0'00"W,256.84 feet to the POINT OF BEGINNING.
Containing 1.42 acres
WHEREAS, it appearing that said plat has been fully and properly signed and accepted by the
owners of said subdivision, known and referred to as the Plat of Creek Meadow Subdivision, 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 owners 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 portion of the plat of Creek Meadow Subdivision, 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.
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: �� . ( l� ? �;� . _ Appro, /
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Presidin icer M
ATTEST: AP OV T P RM:
City Cle'rk City Counselor
•
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City of Jefferson Final Subdivision Plat
UjI Of ` Creek Meadow Subdivision
115 Brookdale Drive
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Department of Community Dovolopmrnt
Patrick U, Sullivan,P.E.,Director
320 East McCarty Stroot
Jefferson Missouri 65101
Phone(5 73)634.6410 VICINITY MAP
Fax(573)634.6457
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- AREA OF PROPOSAL
City of Jefferson Final Subdivision (Plat
Creek Meador Subdivision
\� 115 Brookdale Drive
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Doparlmont of Community Dovolupmant
Patrick E Sullivan,P.E.,Diroctor
320 East McCarty Stroot
Jotterson City,
(573)163.1"6410 10' L®CJ4 -ION MAP
Fax(573)631.6457
CURRENT ZONING: RS-2. Single-Family residential
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For City Ilse 01 )ate • 111111p: PA E
CITY C)1 ,11,1 MISSOURI FEB I
APPLICANT INFORMATION
Please use additional sheets
Name of'Pro'ect: Creck N'le"Idow-CUILI(m S
Location: 115 Brookdale Drive
Submitted by: CUltrill Ko 1)rok55i_MijU,Lc_rv_lccS_'
fis L I I ta I I is( others w1uLpre responsible for
—it
Lead Consultant C'.urL 11ax Firm Nanic] Central MO Prof. Services. 1110.
Address 2500 Vast Mc(.'.zii*[\, Street
Telenhone Number 573-634-311i5 -------
Consultant Firm Name---
Address
Telmhoric NYmbcr Fas Numbcr]--___._—____._.__
E-Mail
Am, Consultant _J 1"irm Name
Address
Telcolione Number Fax
--
E-Mail
111-onet•tv Owners (List all ownei.s.) ---
Primar,,,_Contact Tom Stithoff
Address 2902 Wakoda Drive. kfferson City, MO 0i 101
Mimbei )3 X_Nw
Telerilione I lome: 57'-('' 5-976
_E-Mail
Owncr Ninic
Address
Owner Name
Address
Jj,'17.17f,.I2.SON CITY HANNINO DIVISION IMOM 100
R)I IN 0,(A INISTY MUNICIPAL BUILDING
320 FASTIVICCARTY STIO."HT CITY. MISSOMI 051ol
"III-1-11IONI.,573-634-6•109 FAX 573-63,1-6457
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City of Jefferson z"� � � John Lae d)veht, Maym•
City Counselor's Office
Voice (573)634-6313, (Fax (573) 634-6504
E-tllail: f��SCc>{em:�nfii?.te1fC_itZi�1O.arL
TO: Mayor John Landwehr Councilman Dan Klindt
Councilman Richard Groner Councilman Kenneth Ferguson
Councilman Edith Vogel Councilman Cliff Olsen
Councilman Roy Viessman Councilman Clyde Angle
Councilman Bob Weber Councilman Michael Berry
Councilman Darren Gordon Mike Berendzen
Randy Bickel Don Connor
David Hagan Richard Koon
John Lake John Parker
Bob George Rhonda Hoskins
David Nunn ARalph Robinett
CC: Nathan Nickolaus, City Counselo� `
l
Pat Sullivan, Director of Cammunity Development
,, anice McMillan, Deputy Director for Planning & Transportation
Shannon Kliethermes, Planner II
FROM: Michelle Coleman, Associate City Counselorwic/
RE: March 11, 2004 Planning & Zoning Commission Meeting
Case No. P04010 - 115 Brookdale Drive- Final Plat of Creek Meadow Subdivision
DATE: Friday, March 12, 2004
During the discussion of the above-referenced case, Planning & Zoning Commission Member
David Nunn asked whether the Commission could approve a final plat with a variance on the
sidewalks, so that the final plat would not include any sidewalks, My answer to the Commission
was that it was not illegal to do so. The Commission granted the variance and approved the final
plat without sidewalks.
After the meeting, Pat Sullivan and Shannon Kliethermes pointed out that I may have
misunderstood Mr. Nunn's question. What Mr. Nunn really asked was whether the Planning &
Zoning Commission could approve a variance on the sidewalk requirement in a final plat if the
developer did not meet the hardship requirement outlined in Section 33-9 Construction of
improvements, (D) Construction of Sidewalks, (3) Variance by Commission, After confirming with
Mr. Nunn that really was his question, I told him that my previous answer was incorrect,
Section 33-9.D.3 allows the Commission to grant a variance from the requirements for sidewalks
or their location
Page 2 of 2
[W]hen the commission determines that, through the submission of an engineering
study that includes appropriate details such as cross-sections, grading plans, and
exhibits, in a particular instance an owner cannot possibly or practically observe the
above requirements for sidewalks because of the presence of unusual
circumstances or conditions,including without limitation topographic conditions,and
that the strict application of the requirements for sidewalks would either prevent, or
present a serious obstacle to the formation of a plat for the reasonable use and
development of land, the commission may permit the owner to vary from the
requirements for sidewalks or the location thereof.
The Commission's recommendation regarding the final plat must come before the Council for final
approval, Sec. 35-5.A.2 requires the Council to take,action on all recommendations of the Planning
and Zoning Commission by approval, conditional approval or denial of approval. If the Council
,chooses to do so, it can conditionally approve the final plat with the proviso that the sidewalks are
Included.
If you have any questions, please do not hesitate to contact me.
cc; Rich Mays
FI:ICffy CounciACorrV:,pondnncolF and,'Find Plaf-Cfook hfuoduw&fbdn•sun wild
PLANNING STAFF R1';PORT
-IFIFFERSON CITY PLANNING AND ZONING COMMISSION
!\larch 11, 2004
C'a�c. Twc1, I 0<f0l(1 l l� 1;roukd;tic!h•i�:. 1 1n1t1 1 Ltt of t'rc'rl:Ricr(lott tiuhtli�i�iotl, :111.1ppli�ati0n file<I
by•1'homas and Nancy S Lit 11 IT, property owner~(C'cntra1 ltissoun i'rofm,;iolla) Service;, CIm'slII!nlit), Coo
approval ofthe final plat ofC'reck N11cadow Subdivision. The nlinorsub(livision proposes three(Z)lets upolt
I .�12 acres, lux! is presently�oncd RS-?, Single- l'aniily lesidential. 'The subject property is located in part
ofthe Northwest(>llartCr elf SCCtic11122,Township 44 Nort ). RarlLw i i 11'esl,and hart 0f Private Survey No,
2701.
13lckt;round
The subject area is Imam] at 1 15 13r00kdalC, sorlle 140 I'CCt sotllh of•the intei•sCClion oft NOWale
Drive with East NICC'arty Street. 'flit 1.42 acre tract is located on 'tract It of a tract division flint was
3,which sep<uated n l.l7 acre tract with a sin��Jc- nnlily 111}pl'oved adl,lillisir;ltivciybyCitysaff in.tuneof200
residence fronting 1?
Ouse No, 1'1.1010 115 Kr•ook(h.11C Drive
!'tannin;;lrttd 7.�utirt�C01111utission - March 11, 2004 Pay=c 2
iir'ookdale Drive is classified as n local street. A sidewalk would thcretcn'C he t'ccluil-etl I() be
installed 'llong file proposed fi'clrltage to 13rookdale Drive, but onlN• on the ,Sick of file road on which the
subdivision is proposed to front upon.
A request was ►made on (March 5, 2004 to sock a variance to Section 33-9 of the Subdivision C'Ode,
in regard to the Constructioll of sidclvalks. The applicant secks a variance to the C011SIRIChcltl ofsidewalkS
along; 13rookdale Drive.
Valiance by lhe C(Ininiksioni'i'lildin Ls Rtegt irecl Sccti�lll 3Z-9
3(a) When the Commission cleterIllines that,through die submission ofan engineering study that includes
appropriate details such as cross-sections, grading plans. 'Ind exhibits, in a particular instance an
ownct'calulot possibly or practically observe the nhovc requircilicnis for sldcll'alks because ol'the
presence of unusual Cil'CLIMSt<ances or conditions, including_; lviihout linlit:ttion topog;r►lphic
conditions, and ihltt the strict application of the requirements for sidewalks;would either prevent,or
present a serious obstacle to the formation of a p1,lt for the rc asonablc use and development cif land,
the Commission play permit the owner to vary front the rccluircnlcnts fog'sideNvalks of the location
111c1'co f.
3(b) The Commission may permit a developer to vary from the requirements for sidewalks if (lie
Commission determines Ihat all Alternate Pcdcstri.m Way flan submitted by thc;developer with the
preliminary plat provi(ICS adcquatC acccsS throughout tilt:subdivision. Such a plan must provide a
C011611(lo(iS SVStCIl1 Of'pavecl walkways located within an casement dedicated as pedestrian ways.
The Commission Illay rec uire such width ilot to exceed tell (10) feet and Such illllnlination as play
be appropriate to assure Safety.
ev• 0 1 l• .
I (.l 1 men( i1�,i(.t
The traffic generation rate is estimated for a single-family detached housing unit, and two tillllily
residential type townhouseslduplCxes. Using this Standard, an estimate elf approximately 9.77 vehicle trip
olds per single-family dwelling,T unit per weekday and 5.86 vehicle trip cnds per residcnli:ll type townhouses
is expected . With 3 lots proposed, the total traffic generation would be expected to be approximately 29
vehicle tri1-) ends per weekday fill- singlC-fall1ily IutS and 35 vehicle trip ends per weekday for till-CC,
residential townhouse lots. Although 1110 CSlllllated number oftl'ip Cad;gcllcralcd by the c1111)ICX/townlultlsCS
is slightly higher than the estimated number oftrips for single lankly use,staff hclicves this increase will not
have any adverse impacts, upon the surroundins�streets or infrasU'ucturc. Brookdalc Drive is classified as a
local street in the subject area and is Built to a standard that Should he able to 'ICC lrnnlodate the increased
use that may be generated from a ilcw residential Subdivision, in the inlMCdiate :u-ca.
Staff C omnlent
Most of the items required for approval elf tile; minor subdivision plat appears to have been
addressed. The proposed subdivision will llleet the millilll►llll lot requirements for both the present RS-2
zoning and the proposed rezoning oftllc subject site to RD under C'osc NO. 110-1006. 1 lob.cyver,as mentioned
earlier, certain lcchllied itcnlS must be iddl-CSSCd Cxi the tinal plat.
i Tti t Gcnctation,G°'Edition,Votume 1. , Institute orTtatns poiution Vn;mcciN, 1497.
! ! 1
Case No. 11(14(110 115 Brookdule Drive
Yh�nninL,I111d Zguing Commission- March 11. 2004
----I i
'Fllc requested sidewalk.variance does not mect the f nchillus for the construction of sldcwalkS along
the extension ol'I rookdale Drive. The applicant has not shown the presence of unusual circumstances or
conditions, including without linlitrltion topographic conditions that would impose a hardship upon the
applicant, nor hats the applicant provided any alternative Illcans of pedestrian movement within the proposed
subdivision,
Rccmtllllggldal icon
Planning staff reconunends the Commission make separate motions in regard to the requested
sidewalk variances and for approval of the proposed Minor Subdivision.
1. Determine whcther.the requirements of Section 33-9 have been nlct for the requested variances:
a. Variance from the construction of sidewalks along; the frontage to Brookdalc Drive.
2. Approval ofthe minor subdivision plat of 13rookdale Subdivision, subject to:
a. Revision of the plat showing; the location ofall required sidewalks;
b. Subject to any and all recommendations from the I;11g;inecring; Division.
Jefferson City
Planning & Zoning Commission Nlecting
1"noinecrino Division Staff' Report
Thursday, (March 11, 2004, 5: I5hm
Case No. 1104010 - Final Plat of('reek 1lleadow Subdivision, 115 Brookdale Drive
(currently itS-2, Proposed RD)
COM MENTS:
The P nglnccring Division has do11c a teclinical rcvicw of'Ihc linnl plat as submitted by Central
Missouri hrt)fCSSional Sel'ViCes, Inc. All items concaving I',ngincering Division review in
Section 33-8. of the SuhdiViSion Codc pertaining to final plat contents have hccn addressed on
(lie latest suhrilitttll of the final plat. The 1i111owing comment:; arc regarding this review;
Regariiing in fi'aStI'LiCtUi'C;
1'?xisting street, storm sewer, and sanitary scwcr infi'astructurc arc in tllc vicinity of'thc
proposed development.
Regarding traflic impact;
bast McCarty Street is classified as a nurnir artcrial roadway fi-mn Robinson Road to
Jefferson Street (Classification is frond the List ol'I"unclional Roadway Classification ti►t'
.lcfferson City, dated April 12, 2000).
Brookdalc Drive is classified as a local roadway (Classification is iroirl the list of
I"unctioninl Roadway Classification fi0r.1c1lcrs0n City, dated April 12. 2000).
The speed limit 161. East McCarty Sheet is 40 nlph.
The speed limit file 13rookclale Drive is 30 wph.
ADD (average claily traffic) inlornnation available fir 1`.ast IMCC'arty Street. cast of Dochla
Lane is 3664 vchicics per day. (Sollfec: is IMODOT ra1'tic Count Su111111ary fir .Icffcrson
City, 2002).
The proposed cicvelopillcnt is within :in existing residential area.
Width of 13rookdalc i)rk c is approximately thirty-thrcc(3 3) feat from curb to curb.
Sight distance oil l3rookdalc (give iti adccluutc in both the northerly and southerly
direction.
"N INEIERIN( ST.-kFF 110SI ION: Support.
2500 Mast McGirty Street •Jefferson City, Mi.souri 651GI.4,167 • (573)i334-3,155Y`rv__ / I:ntincrrin� •tiurve>in�
Fax (573) 634.8898
March 5, 2004
RECEIVED
ULPARIMEf 101
r
Shannon Kliethermes
City Planner
C:l'1'Y 017 ,11.1 FEKSON
320 East McCarty Strut
Jefferson City, N10 65 101
RF:: Sidewalk ltequirc.nacrit
Creek Meadow Subdivision
C'MPS Job 80:3-050(S)
Dear Shannon:
Please consider this 1Ctter our request to waive the requirements for sidewalk
along the frontaige ofCrcek Meadow Subdivision. We will be present at the 'I'ltursday,
March 11, 2004 Planning and fonin Corri mission meeting to ,answer any questions
pertaining to the rcgLICSt.
Sincerely,
C'I'.N'I'RAL, MISSOURI PROFESSIONAL
SE,RVIC'ES, INC.
Robert M, Rates, PL
RNlf3:vlk