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HomeMy Public PortalAboutORD13591 BILL NO. .__D0-4 SPONSORED BY COUNCILMAN L. NDT ORDINANCE NO. .__ 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 0.28 ACRES LOCATED AT 2310 ST MARY'S BOULEVARD, LOCATED IN SECTION 11, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. FROM RA-2 MULTIPLE FAMILY RESIDENTIAL TO C-2 GENERAL COMMERCIAL, WHEREAS, IT APPEARS THAT THE PROCEDURES SET FORTH IN THE ZONING CODE RELATING TO ZONING HAVE IN ALL MATTERS BEEN COMPLIED WITH. NOW, 'THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: $ECTI N 1. The following described real estate is rezoned from RA-2 Multi-Family Residential to C-2 General Commercial: Part of the Northeast Quarter of Section 11, Township 44 North, Range 12 West, Cole County, Missouri, and more particularly described as follows: From the Northwest Corner of the Northeast Quarter of said Section 11, thence South 5 degrees 19 minutes Fast, along the Quarter section line 842.89 feet; thence North 78 degrees 57 minutes East, 180.55 feet to the beginning point of this description; thence continuing North 76 degrees 57 minutes East 70 feet; thence South 13 degrees 03 minutes East 190.4 feet to the centerline of St. Mary's Boulevard; thence South 72 degrees West, along the said centerline of St. Mary's Boulevard 70.26 feet; thence North 13 degrees 03 minutes West, 195.76 feet to the beginning point of this description. Except that part which lies within St. Mary's Boulevard. Containing 0.28 acres, more or less. SECTION 2. This ordinance shall be in full force and effect from and after its passage and approval. Passed:[ C << 1. 1 _ �1� .�i'%_ Approved: Pre-Wing/ fficer ~� Meyor AiT�ST: APPR JVED AS 0 FORM: �11 r ,l�G-/ � ,,;�•..r_�--� r�/ � � Cam,-,/"1''�-Gf'.-c City Cl rk City C Knselor PUBLIC HEARING NOTICE Rezoning of Property 2310 St. Mary's Boulevard The City Council of the City of Jefferson, Missouri, will hold a public hearing on Monday, August 18, 2003 at 6:00 p,m. in the Council Chamber of the John G. Christy Municipal Building, 320 East McCarty Street, to consider Rezoning from RA-2 Multi-Famlly Residential to C-2 General Commercial for a tract of land located at 2310 St. Mary's Boulevard in Jefferson City, Missouri, more specifically described as follows: Part of the Northeast Quarter of Section 11, Township 44 North, Range 12 West, Cole County, Missouri, and more particularly described as follows: From the Northwest Corner of the Northeast Quarter of said Section 11, thence South 5 degrees 19 minutes Last, along the Quarter section line 842.89 feet; thence North 78 degrees 57 minutes East, 180.55 feet to the beginning point of this description; thence continuing North 76 degrees 57 minutes East 70 feet; thence South 13 degrees 03 minutes East 190.4 feet to the centerline of St. Mary's Boulevard; thence South 72 degrees West, along the.said centerline of St. Mary's Boulevard 70.26 feet; thence North 13 degrees 03 minutes West, 195.76 feet to the beginning point of this description. Except that part which lies within St. Mary's Boulevard.Containing approximately 0.28 acres. Phyllis Powell City Clerk City of Jefferson, Missouri N.T. - Friday, August 1, 2003 Department of Community Development/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 City of Jeffen(j-on 2310 St. Mary's Blvd �1` Rezoning from RA-2 to C-2 r I W o 1s1� Ucp;n,lrrrrnr of(:Cnunungv hrvrlu(,nu-rrl 1'a!(rck L Nunn-,rn,I'! . l,rro��fur VICINITY MAP SCHELURIDelf RD. C) lij WUNTLEIGH PL. - _—_ -- FRAt 0y, Cl' ca/rte,,.,r� ., c� U ; r�i in MISSOURI f:31_VD. ua a I PLACE n UJ I _{ ID plx N. �� F-' r PARKWA to HYDE PARK `i C u � C �RD. „�� � uu �1-+-- PART Qj �} ' U1 filC Ul 7 �.1 /CAfZI ANN o, f ■ .s., ur~ C�.rty' �/`: \Y '/�! `.O� ` nR.✓'�•f. C--1 `rlt, r AREA OF PROPOSAL City of Jefferson 210 5t. Mary's i�lvd Rezoning from RA-2 to C-2 r 0eparin+enl Dl Cnrnuunnly IL'vrho(!nu'n! 3M l asl Nf(Carly Slrw'1 lnllur'.nn(;!fy,,titr',CUUri h!rlUi of", A A l4fnnn(51;+!b'.74 U-11(1 CURRENT ZONING:. R.A.-.2,_Muiti-Fa.,nily Residenti��l " AREA OF PROPOSAL Al'I't-ICATION FOR TONING ORDINANCE Amr-Nmr, js RECEIVED (,fly ofJoffemon Planflin.o Divilmil Delmrtment of Commurlity Dovelopment :5.10 1:,;isl McCarty Slreo( Jeffomon City, Min:muri 65101 COM 0111AIMAMI OF Phom., (,573) 63,14A M Fax (573) 634-64W MUNITY rAVROPMENT flif, wn(J(,r!;ionf!d liomby politions Ilm Plafirlio") firld /Mlifl(j C01T1111i`,.'J0fl 011d City COMIGil of the City of Jefferson, Wo"OlIft, for tho followim) milendmerif to Iho I.olliflo Codc: 1-1 Zonim) I Amwidm(ml ho/mv w offilch coml,iloto 11;111;111vc, comirdoto "ApI)ficont"intotmation Aiticle ind !; •(:Iion Aof(,(-I(!(j (ifaf)pfic;1blo) ------ I)wlcrl()(lon of pmpw;od ((!:Kt i mll'(l(In wf 11 i X) (mold Kill AmomInwnt I III, lifider!'111fwd 1wrl•by ,(Mi, 011-y :1fl. Pir ()Wrwf•; of Ow foliovmiq ri-A (legal dv,;cription imo-A he printed holow or aftm fied as mi oxhibio • "11 ",!, Rum Iq,vll d 11•f I i'l ";(m Cl I !.1() 01,109 Le oal/Propofty Al I Irllrd Colly ul..Tvut_l Who) (w!lIl(m to ff".mw Ow lbovo dl•!,I.rllwd ►e'd w;I;1W imm It!, pfw,;lml ;'Aalw; of to C_:1 di,,tricl I he piirpo!-,e of IN-; rv,,omrio request is lo .,I I I ow I )w 1't ()Jwl I Y I (I r t ljl, --!;;I 1 1,'-; w;j1-vhotl1w ;i1ld d'*V!;(_1_--flm'I_f(,),ll facility . ALL OWNERS 01' HEAL 11HOPE* PROPOSED JY PROPOSED 1 131' REZONED WSJ SIGN THE APPLICATION,AND ALL SIGNATURC MUST BE NOTARVI'l). 11' ADD ZONAL SIGNMORI'S ARE NI-T-D(D, PLUASI: AT1ACII st-A)ARATE slIEETS ThO I'mlifly Ptoporty Ol,vtivi V I Mmw (Iy1w, fu Imlil) (Av/ •l fImpt-fly (Amer If.! Wim? (ty1w of Imot) Ptopwiry (Avol't sub!'cril)(1 day of fol in Ow Year 0WIV NOTARY PU[3I.jC_N0TijRy sF COLE COUNTY-SlATE OF MISSOURI NoOly I It 4w MY CAMMISSIO Addre!,!i of lImporty Ownof Ill 13011 DIxon 1)i-fvf• 11. f.). B()x 10,1111", Jol I el.:;oll M0 O'd 10-4 1 /4" Addrc!;:; ()f Property Ownef ......... I'llione Nwm1)l1'1(!;) Applicant Information (if difforc!fil frown f)rs,)fwr!V owfw( 1, ��t,to Mune Joo Selwp1wn'; If. I)i!;t vibill In)', _Cpill Im 11N, ------- ­ ­ - ­­­ ­:1­­. ­ 71-­I__ ..-.- �------­___ 13011 1)1 x 1.)11 1)1 v 11.0, Box I D I I I v,I'f,(.I-,;o I I C I t: 0 5'110-It I For City Llso Otdy Application Filing Foo S200 Pay(Tiont Recmvmj. _Cash (Indicale Recoil)( II-­­­ IWCk (copy, Indicate chock Allactimentr). Additional sheets or docurrionlalion _AppIivanIIPioj(!ct Information Sheet Map May 6,2002 No.200310765 Ilk 483 Pg 198 State of Ilieeouri Cole County RrCORDEU Jun 4. 2003 10:2112Z Aft Larry D. Radenan. Recorder of Deeds fees $26.00 Deputy T U-JEE'S DEED TI fIS INDL:NTURE, Inade Oil this �_9 day of , 2003, by and between ,Incoh J. Lnnpnr nrld Dorothy Maria Lepper, Trustees of the Jacob J. Lopper and Dorothy Mario Loppor Trunt dated the 18th day of December, 1996, of the County of Cole, State of Mis.-muri, horoinaftor roferred to ns "Grantors", and The Scheppera Family Partnership, L.P., a Mi:;aourl iimitod partnership of the County of Cola, State of Missouri, hereinafter collectively r, forrod to as "Grontoo". TheImailing address of the Grantees is O. RV— I�tf: � 5, � t o 4,9//V 1I URL-FURF., in accordance with the torms of the trust and powers given to the Trustee:;, the Trustoos for and In consideration of the Sum of ONE DOLLAR AND OTHER VALUABLE CONSIDERATION paid by tho Grantee, tho receipt of which Is hereby acknowledged, do by these presents bargain, soli, convey and confirm unto the Grantees, its succossors and assigns in the following described parcels of lend lying, being and situated in tho County of Cale, State of Missouri, described to wit. PART Of- CHE NORTHEAST CIUARTFR OF SECTION 11, TOWNSHIP 44 NORTH, RANGE 12 WEST, COK COUNTY. MISSOURI, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 11, THENCE SOUTH G DEGREE&19 MINUTES EAST,ALONG THE QUARTER SECTION LINE,042.89 FEET;THENCE NORTH 711 01:GRI.rS 67 MINUTES EAST, 100.66$ FEET TO THE BEGINNING POINT OF THIS DESCRIPTION:THENCE CONTINUINCI NORTH 76 DEGREES 57 MINUTES EAST 70 FEET:T14ENCE SOUTH 13 DECREES 03 MINUTES EAST 190.4 FEET TO THE CENTERLINE OF ST.MARY'S BOULEVARD;THENCE SOUTH 72 DEGREES WEST, ALONG THE SAID CENTERLINE OF ST.MARY'S BOULEVARD 70.26 FEET;THENCE NORTH 13 DEGREES 03 MINUTES WFST, lorj.7o rEFT TO THE BEGINNING POINT or THIS DESCRIPTION. EXCEPT THAT PART WHICH LIES WITHIN ST. MARY'S BOULEVARD. The terms and provislons of the Jacob J. Lepper and Dorothy Marie Lepper Trust dated the 181h defy of December, 1590, conferred on the Trustees the power to sell real ostato on such terms ns tho Trtistacs deems proper. Said Trust Agreement remains in full force and effect as of the data this doed is given and has not boon changed, amended or revoked. 1t'N q--US An't L I J •51 LVL. 1,.0UNi 1 TO HAW: AND TO HOLD tho premises aforesaid, with all and singular the rights, privilcgos, appurtennncos and immunities thereto belonging or in anywise appertaining unto tho said Granted and unto Its successors and assigns FOREVER, the said Grantors hereby covenanting that they are lawfully seized of an indefeasible estate in fee in the premises heroln convoyod as Trustees; that they have good right to convoy the same; that the said pronilsus are free and clear of encumbrances done or suffered by them and that they will warrant and defond the title to said promises unto the said Granteo, against the lawful claims and rir;rnanda of all persons claiming under thern, IN Wl [NESS WHEREOF, the said Grantors have hereunto set their hnnds and seals the day and year first above written. GRANTORS; 4040 -rrag-t-cr acob J. Lepper, Trusted of the Jacob J. Lepper and Dorothy Marie Lepper Trust dated the 18th day of Decors r, 1996. o� `�1• TY� Dorothy Mari epper, Trustee of the Jacob J. Lepper and Dorothy Marie Lepper Trust dated the 18th day of December, 1996. S f'A'f E OF MISSOURI ► ► as. COUNTY Oi' COLE ) On this ��( day of _�.- 2003, before me personally appeared Jacob J. 1,41ppof iarul Dorothy Marie Lepper, to rno known to be the persons described in tho foregoing in ammdnt ns Trirsteni of the ,Jacob J. Leppor and Dorothy Marie Lepper, Trustees of the Jacob ,1. Lr;pper and Dorothy Mario Loppor Trust dated the 18th day of December, 1996, rn; poctivoly and acknowledged that thoy executed the same as their, free act and dead. IN 115 1MONY WHEREOF, I havo hereunto set my hand and affixed my official seal of my of f ico in Jefferson City, Mwourl, tho day and year first abovo written, Notary Public t:r'4'dA Ji'AN 90M 4G MY C,��m►77ir,sir�n lixlnr ego; Wary Pub4c•Notaryry Goal GTATV OF UISSOUFI IAWW county AAy cenv*slon C_:cp'fas, Nov.7,X44 06104103 N.IE. ,SC'III:PPE'RS REIZONING RE OUE'ST Section 35-74. BA ;t. The existing sorting was in error al Ihr, lime of adoplion IZI;SI'0N51:: 'there was no error in the a101)ti0n c►I'Itrescnl rouintc malt. h. There has been a change in chatmler in Iho awa duo to installation of public facilities, other zone changes, now growth trends, neighborhood delerioralion,or development transitions. Rl:SP0NSl;: 'I'hc area IMS runtirtued to rhanl,e in char;teter with the development ol'the IZe/Max ollicc on the We-tiI horder ofthe site, and the deterioration ol'tion confi►rmittl,, Single tiunily ur►its ctrl the site. This is the last parcel it) Ix' re/imod ()it the North side ofthe street. C. There is a community need for the profined rezoning lZ1;Sl'UNS1.: Rezoning would allow li►r infill development and allow consistent cornpatihfc• (10'0ol)ntent. d. The proposed change is consistont with, and in furthoranco of, the implementation of the goals and policios of the Comprehensive flan, other adopted plans, and the policies, intents and requirements of this Ordinance and other City mgulations and guidelines. RESPONSF: The 1990 Comprehensive Ilan update' shows the area to be commercial. e. The proposed zoning is compatible with the zoning and usos of property nearby. RESPONSI : The prolxtsccl ruiming will estahlish the entire area north of St. Mary's and West of I leisinger its commercial. RECEIVED JM r 2003 C(1MIAUNIT IMVE El OF Page 2 f. Public and community facilities, which may include, but are not limited to, sanitary and storm sewers, water, electrical service, police and fire protection, schools, parks and recreation facilities, roads, libraries, and solid waste collection and disposal, are available and adequate to serve uses authorized under the pioposed zoning, Ri;SPONSI:: Public and cotTUnunity facilities exist or can be reasonably provided. g. A traffic impact analysis has been provided to indicate the potential number of new trips generated and provisions are provide to mitigate impacts of high traffic-generated projects. RI?SPONSF: A Ibrmal trallic impact study has hcen determined to he unnecessary. The proposed use is not a High traflic generator. The facility will employ approximately Ihirty people. Ai T is estimated at less than 200 which (lie existing street network is capable oChanctling. h. Authorized uses shall not adversely affect the capacity or safety of the street network in the vicinity of the property. RFSPONSI : Street network is adequate. i. Potential environmental impacts (e.g., excessive storm water runoff, water pollution, air pollution, noise pollution, excessive lighting, or other environmental harms) of authorized uses shall be mitigated. RESPONSi;: Site is Iminded by U.S. 50 4-lane highway on the North and Business 50 on the South. Surrounding; development generates significantly greater impact. The proposed use has relatively low level of'environmcntal impact. j. There is an adequate supply of land available in the subject area and the surrounding community to accommodate the zoning and community needs. RESPONSE: The proposed site is significantly larger than the planned facility or community requires. =PR0VIDr-_j1) t83Y APPLICANT Page 3 k. Benefits shall be derived by the community or area proposed to be rezoned. RI.;SPON.Sf;: N.H. Scheppers has long I)een a corl)orate community leader. They were relocated in the bite 1970s by the Jefferson t"ity I lousing Authority f om the Mill Bottom area. to the present site on Southridge Drive. In the near {inure, they will need to expand beyond the capacity cif their present site. The St. Mary's site is I)elieved to provide adequately for the next generation. PROVIDED BY APPLICANT Jefferson City Planning & Zoning Commission Property Owner's List Case No. P03016 2310 St..Mary's Boulevard July 10, 2003 HRI/MP Jefferson City, LLC Larry Keating Attn: Milton Elliott Richard Mendenhall PO Box 22799 2013 William Street Houston, TX 77227 Jefferson City, MO 66109 2304 Missouri Boulevard 2316 St. Mary's Boulevard Scheppers f=amily Partnership LP. c/o Joe Scheppers PO Box 104145 Jefferson City, MO 65110 2314 St. Mary's Boulevard 2302 St. Mary's Boulevard 2308 St. Mary's Boulevard fit N "a � r:• .a 1� r'' ii •i.f N �� �j t•ice, IR a Q �, 0 CD r ( ;✓ r: Cd C-4 � � � � III...LLL tli• A ri Ulm r r I