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Home My Public Portal AboutORD13704 BILL NO. _ 2003-196 SPONSORED BY COUNCILMAN KLINDT ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI,ACCEPTING AND APPROVING THE FINAL PLAT OF ELM EXECUTIVE PLAZA, SECTION ONE, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. WHEREAS, Carey Bogg and Steve Albert, 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 Outlot Nos. 74 and 75, in Township 44 North, Range 11 West, part of Fromme Subdivision, as per plat of record in Plat Book 6, page 5, Cole County Recorder's Office, all being part of the Northwest Quarter of the Northwest Quarter of Section 21, Township 44 North, Range 11 West, in the City of Jefferson, Cole County, Missouri, more particularly described as follows: From the Southeast Corner of said Outlot No. 75 in the City of Jefferson;thence N54°02'05"W, along the Southerly line of said Outlot No. 75, 1028.99 feet; thence N21044'49"E, 872.31 feet to the Northerly right-of-way line of Elm Street and the POINT OF BEGINNING for this description; thence westerly along the Northerly right-of-way line of said Elm Street, on a curve to the left having a radius of 1030.00 feet, an arc distance of 96.00 feet (the chord of said curve being N38_12'56"W, 95.97 feet) to the Southwesterly corner of a tract of land as per deed of record in Book 323, page 151, Cole County Recorder's Office; thence leaving the Northerly right-of-way line of said Elm Street and along the westerly line of said tract of land as per deed of record in Book 323, page 151, N45'32'1 6"E, 402.4.3 feet to the Southerly right-of-way line of U.S. Route 50; thence S28°22'29"E, along the Southerly right-of-way line of U.S. Route 50, 391.40 feet; thence leaving the Southerly right-of- way line of U.S. Route 50, S45°32'16"W, 387.34 feet to the aforesaid Northerly right- of-way line of Elm Street; thence northwesterly along said Northerly right-of-way line of Elm Street, on a curve to the right having a radius of 2314.49 feet, an arc distance of 70.54 feet, (the chord of said curve being N23'54'45"W, 70.53 feet); thence northwesterly, continuing along said Northerly right-of-way line of Elm Street, on a curve to the left, having a radius of 1030.00 feet, an arc distance of 224.82 feet, (tile chord of said curve being N29 017'33"W, 224.38 feet) to the POINT OF BEGINNING. Containing 3.329 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 elm Executive Plaza, 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 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 Elm Executive Plaza, 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. 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: '� ' '�' Appr Presiding icer ATT AP V TO M: City Clerk-/ City Counselor -2- City of Jefferson Final Subdivision Plat °f I " 'p Elm Executive Plaza, Section One 1700 Block of E. Elm Street M yL C 1 r � Dopnrlmont of Community Dovolopmonl Patrick E.Sullivan,P.E.,Diroclor 320 East McCarty Street Jefferson Phone(573)Missouri 573)i634•6110 101 Y{ I p��f�r ICINTv' MAP /� Fax(573)634.6.157 r LLI ,~"•, 11 PI`~ ti,, rs 1:�•,�'� I �� I IA�.1 1�1 1L, f•'1 ., ,,!-�•. , M•r'�I ll.. 1.._ • 1`'�� F. ,� WSSU.10 KM Q' t 4..1 f.� ...(� •, i'• •,,'.•+ ••rte A Yell�►'l �,�N 1x. �°� ,, �s� ,,.,, . . ,', 1 • 1„ W ,y{ , L E.C...:y.___ E. r'; � ", `,. �•1, ' � Itl J '.EDP' 11'iiw 11111 1M..�1' "N,�' ,••"1�• �, 1 I'I••t - AREA OF PROPOSAL CIfty of Jefferson Final Subdivision Plat Elm Executive Plaza, Section One ,0. 4`` oil' *101. 1700 Block of E. Elm Street W N \I 1 1 P I, Dopailrnonl of Community Dovolopmont PairlckE,Sullivan,P.F., Diroctor 320 East McCarty Street loflnrson oily,3)634-rl 65101 r � /� T/ON MAP Phono(573)634-64 10 (�. f•'� Fox(573)6,14.6.157 CURRENT ZONING: PUGS Planned Unit Development Y R - G y RS-2 s� SU JECT SITE - AREA OF PROPOSAL DEPARTMENT OF'COM ITY Uk,VILLOPMEN I APPLICANT AND PROJECT INFORNIA'rIoN Place use additional shmis if nmmwy. Projen Information Namc of Pmjcct Z-/Vl Location 1 F-A:5 T Et-" 57 f"f f-T, A/V/ Submitted by 2 I A r I �)v e,L:t t-t-. Applications r-IP&Z: Zoning Amend Comp Plan Amcnd Spmiul ElL.CTImn PUD Sub. Plot 1 Annexation Submitted ODOA: CUP Vanancc Appoil rlSlaff: Site Plan Bid Plans Gunding Plan Churigi:ol'Use. Teinp Use Consulltant($) I'Llst lad consultant and all others whu ore retponsIble for major plan elements) Lad Consultant mc G'Alrr"4 I- mv, /vg" X- SPA Address Tcicphonc Nn. �3) 6.34- 54!55 Fax No, 57 5) F-I vi f I I I cnkpn ro c. Consultant Firm Namc Address Telephone No. No. E-Mail Consultant Finn Nam e Consultant Tcicphonc No, F. N.. E-Mail X Property Owners/Applicants (tAit owner Mark"X"next to the name of'thc primiLry coutALI) Owner X S-Ir- ve At_m oz —_ Address 7,4W/,41c5 16* 6 j /7-X All 11- Tcicphonc No. (5 73) 6 vo- 759(} (m Name Clvj .y Addrmg 17-;>-Z A4 D. 'telephone No. q0 --73 '7-3 1.4 3$ A d d rr--.G Tcicphonc No. JEFFERSON CITY PLANNING DIVISION JOHN G. CHRIM MUNICIPAL SU)I.DING 320 CAST MCCARTY STREET JEFFERSON CITY,M188OURA 651101 TELEPHONE SST3434-6410 FAX 573-634-6457 7-- ------ --- 0 ''UTAl_ ".J hit$! to (-,D, CL ul 0 ; .I A LU zu- it IN !i I i Jef'f'erson Cky 1'11lnning &Zoning Commission Mccling, I"'llginccring Division Staff Report 'I'llursday, March 11, 2004. 5: 15pm (:''ase No. 1104011 - Final PlaI of I?1n1 Executivc PL►• a, Section One (1), 1700 Block of Fast E1111 Strcct (PUD) C ONIMF,NTS: The 1311ginecring Division has done a ICc11111C,1) I'CViOV elf the hllal 111,1( as submittCd by C'Crltral Missouri Professional Services, lnc:. All items concerning l".nginecring Division review ill Scetion 33-8. of the Subdivision Code pertaining to 1111,11 111,11 cotltcllts have been addressed oil the latest Submittal ol'thc final Mat. The hollowing comments are reg,Ll-ding this rcvicw; Regarding illfrastructurc; Existing street, storill Sewer, and sa111tary Sewer inil-astructllre are 111 the vicinity of the proposed development. Regarding bailie impact; East 1:1111 Strcct is classified as a collector roadway from Clark AVCrIUC to I?aslland Drivc(Classification is from the List of'Fu11etio1lal Roadway C kISSific,Ition 161- ,ICflcrS011 City, dated April 12, 1-000). The specd limit Ior East Flm Strcct is 30 mph. ADT (average daily traffic) inl61•11lation available 101- I aslland DI-iVe sou11101'1.;aSt I:Im Strcct is 8456 vehicles per clay, (SO M-Ce is M0DOT Traffic (''clLlnt S11111111,u•y 601'.1Cficrs011 City, 2002). The proposed clovclopillcnl is within all existing ol,fice/collilncrcial area. Width of Fast I In1 Street is approximately thirty-three (33) feet 11'0111 curb to curb. Sight distance 011 L-:ast 1:1111 Strcct is adcduale in both the westerly and easterly direction. Parking is restricted on the south sick of 1?,ISI I;I1-,1 Strcct in this vicinity. F.NCINI?EKING STAFF POSITION: Support. PLANNING: STAFF REPORT JEFFERSON C'I'TY PLANNING AND ZONING: C O IMISSiON March 11, 2004 C'stsc No. P0401 1 - I7011 i3locl. of h;sttit h;Irtt tilrcet. Final flat of h;Int Executive 1'Istzst `icclic►n One, An application filed by Elam ISxCCIIIiVC flail, 11C, Catty Rogg and Steve Aihert, property owners (Central Missouri Prolcssional Services, Consultant), for approval of tilt final plat elf Im Executive Plaza Section One. The minor subdivision proposes two (2) lots upon 3.329 acres, and is presently Zoned 111JI). Plannud Unit Development. The subject property is located on part of Outlot No. 74 and 75, on part of Fromme SL1bdiVlSloll, and in part of the Northwest Quarter of Section 21, 'Township 44 North, Ranue 1 ) West. luck ,round Clu subject area is located in the 1700 block of bast Hill Street, some %0 feet southeast of the intersection of last I?hn Street with 1.:1 Dorado Drive, and approximately 260 feet northwest of the intersection of 1?slst 1?ln1 Street with f.Iin Court. The 3.329 acre tract is located on 'Tract 11 ofa tract division that approved by the Planning and Zoning Commission in January of 1997, which separated the subject site and a 0.909 acre tract Fronting Lust Elm Street to the South from the original 4.238 acre parcel. Current Proposal for EIrn Executive Plaza, Section One The applicant proposes to construct a two (2) lot subdivision upon 3.329 acres, all zoned PUD, Planned Unit Development. The illinor subdivision plat Shows all access to the subdivision will he gained fi-orn bast Elm Street. All lots will have direct street frontage. Land Use and Zollint The subject Site is currently zoned PUD,Planned Unit Development,mill is bordered b),RS-2 zoning to the cast across Highway 50, RA-2 zoning;to the Southeast, with 1'M zoning adjollling to the north,west, and south. Land to the north, west, south of the subicct Site a1'C CUI'1'C11tly dCVC10j)CL1 in Vill•i0ll%C01111nercial off ice and office land uses. Lands to tile cast across Flighway�0 are developed 11 ith single i'anlily residential land use. Section 33-8 of t}1C SLIbdiVISi011 ('Ode, Regilydintr Finsll flats A concurrent review of the final flat was conducted between the Planning ar' l Filpinccring Divisions. All lots meet or exceed the minlnium requirements of the%oning COLIC I'01 TI lD l listriCIS. Most items required by Section 33-8 Distal flat Contents appcsu•to have been addressed on the plat.. I lowevcr, a few minor items such as the location of sidewalks along Fast l.din Street 111LISt be shown on the final plat. Any restrictive covenants for the proposed subdivision ML1SI also he Suhnlitted befiorc the final plat may he recorded. As the subdivision is classified a!: a minor Suhclivision, no inlprovcnullt plans were rrquired to be prepared or submitted. Section 33-91) of the Subdivision C MIC C011St•uctioll ref Sidewalks - Rcouest for Variance. According to Section 33-9.1).1., sidewalks are to be constructed in new subdivisions on hoth Sides ofcollector strects and on at least one side of local streets in platted Subdivision sections in which any part ol'the RlbdiVlSlorl SCClioll lies within One Mile of pr'Opel'ty ul,on which all c1clllcl1l'11'y or sccolidary School is located or property owned or maintaiocd by the Parks alld Recreation Commission, East Elfin Street is classilicd as a collector street. A sidewalk would thacCore be required to be installed along the proposed frontage to East hlnl Street, but Only 011 the side of the road on which the subdivision is proposed to front upon. A request was made ctrl March 5, 2004 to seek a variance to Section 33-9 of the Subdivision Code, in regard to the construction of sidewalks. The applicant seeks a variance to the construction of'sidewalks along East Ehn Street Case. No. 1104011 1700 Flock of Vast 1?Ic>;>t 4tt•cet ['lannint roof lnniite Cc►nul>issic►n - Nlurih l 1, 211114 �_____�� \ ariancr by I Ic ('rlmmissi��n/Irlciir_IL�s hrrlrrircci Scrtio�n ,tz c► 3(a) When the Commission deterinuies that,through the submission of an engi lice rilip'tit udy that includes appropriate dclails Such as cross-sections, grading plans, and exhibits, In '..i IMI-OClllar instance in owner Cannot possibly or practically observe the above I•equit•CnicntS for sidewalks hccausc elf the presence of rnlnsual Circumstanecs or conditions, including without limitation topographic conditions, and that the strict applicationofthc 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 C'onl►rlission may permit the owner to vary from the rcquirCrllcnts for sidewalks or the location thereof'. 3(b) The Commission nlny permit a developer to vary from the rccluircnlCrlts for sidewalks if' the Commission determines that in Alternate Pedestrian Way flan submitted by the developer with the preliminary plat provides adequate ICCCSh throughout the subdivision. Such a plan must IYovide a continuous system of paved walkways locatcd within ,in Casement dedicated as peclestrlall ways. 'Elie Commission may require Such width not to cxreed tell (10) feet and such illunlin;llion aS nlny be appropriate to assure salcty. [)cve•lo lmcnt Im�,acl East film Street is classified aS a collector•StrCCt. C'urrCntly, the subject site is located in an area cif• dcvelopliigcolllrilercral ruin cunlrticrciill office land uses. Presently,t.hcapplictint bus not indicated the nature of clay new proposed devclopnlent(s) upon the suhjcct site other than commercial, so a true impact upon dcvclopmcnt of the area can not he estimated. And, as file t%vo proposed lots are zoned PUD, any future dcvclopmcnt would have to return to the Planning and %oning Commission for approval by way of a PUD Site Plan. Upon any Future PUD Site Plan stlbrlliticds fin•the two proposed lots, a more definitive analysis of the impact of any new devclapnlcnt upon the Sul founding land uses and area nlay then be estimated. Please Sec rile Engineering Division Staff Rcpov! for additional dcvClopillCnl impact comments, Staff Comment Most ofthe items rCquircd fclrapproval of•thc nlinorsuhdivision plat appears to have been addressed. The proposed subdivision will r11Cet the mini►llllin lot rC(lull•Cn1CIltS filr PUD di5tl•ietS I to\VCVCr,,iS mentioned earlier, certain tcclllllc"ll itcllls must be addressed on the final plat. The requested sidewalk variance does not picot the fIlldlllgS 1i01•the COIISII"uCtioll ot'slclewalkii along the extension of least 1 111 Street. Tlic applicant has not shown the presence of unusual cirC till lstancCS or conditions, including without limitation topographic conditions that would impose a hardship Upon the applicant,nor has the applicant provided any alternative Illciuls of I)Cdestrian movement within d1c proposed subdivision. Case loo. P04011 1700 Block of Enst Elm Street Planning and lonhil~ C..ommissiotl- March 11, 20114 Reconlincild'i for Planning staff recommends the Commission makc separate motions ill regard to the requested sidewalk variances and for approval of the proposal Minor Subdivision. 1 Determine whethcr the requirements of Scction 33-9 have been nict for the requested variances: a. Variance From the construction of sidewalks along the frontage to last Linn Sircet. 2. Approval of the minor subdivision plat of East Elm Executive Plaza Scction One, subject to: a. Revision of the plat showing the location ofall required sidewalks; b. Submission of any and all restrictive covenants for the proposed subdivision; C. Subject to any and 1111 recommendatlolls from the 1311ginecring Division. Mar 05 04 11 : 54a CMPS 573-634-0090 p, 2 CENTRAL MISSOURI PROFESSIONAL SERVICE'S, INC. + 2500 Cast McCarty Street• Jefferson City, Missouri 65101.4467 . (573)634-3455 Oigineering•Survoying MuterhAs Truing Fax (G73) 634.8808 RECEIVE_ March 5, 2001 MAR 5 2004 COMMUNITY OPMCNT Shannon Kliethermes City Planner CITY OF JEFTERSON 320 East McCarty Street Jefferson City, iV10 65101 RE; Sidewalk Requirement Elm Executive Plaza CINIPS Job 977-205) Dear Shannon: Please consider this letter our requirements request to waive the 1'6r sidewalk along; the Frontage of Elm Executive Plaza. We will be present.at the Thursday, March 11, 2004 Planning and Zoning; Commission meeting;to answer any questions pertaining to the request. Sincerely, CENTRAL MISSOURI PROFESSIONAI, SERVICES, INC. Robert M. dates, PE RMB:vlk