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HomeMy Public PortalAboutORD10821 BILL NO. _$7-6 SPONSORED BY COUNCILMAN WOODMAN ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , CHANGING, AMENDING AND MODIFYING THE ZONING MAP OF THE CITY OF JEFFERSON, BY AMENDING ORDINANCE 9598 BY ZONING PROPERTY LOCATED IN THREE RECENTLY ANNEXED AREAS. WHEREAS, the City Council of the City of Jefferson did, on August 16, 1982 , duly enact Ordinance No. 9825 which described the area to be annexed, declared the annexation to be reasonable and necessary to the proper development of the City, declared that the City had developed a plan of intent to provide services to the area proposed for annexation, stated that a public hearing had been held prior to the adoption of the ordinance, declared the ordinance to be effective on December 31 , 1982 , or when approved by the voters as provided by law, whichever is later, and authorized annexation of the area; and WHEREAS, this annexed area, hereinafter referred to as the "North Area" , is described as follows : Aft Part of the Southwest quarter of Section 27 , Township 45 North, Range 12 West , in Cole County, Missouri, and more particularly defined as being bounded by the following described line: Beginning at the point of intersection of the west line of Section 27 , Township 45 North, Range 12 West, and the northerly right-of-way line of the Missouri Pacific Railroad Main Line; thence northerly along the west line of Section 27 to the northerly right-of-way line of Missouri State Highway Route 179; thence southeasterly along said northerly highway right-of-way line to the northerly right-of-way line of the Missouri Pacific Railroad Main Line; thence westerly along said northerly right-of-way line to the point of beginning. WHEREAS, on April 21 , 1982 , notices of the annexation public hearing were sent by certified mail to all fee owners of record having property in the proposed annexation area; and WHEREAS, a public notice of the annexation hearing was published on May 7 , 1982 , in the Jefferson City Post Tribune; and WHEREAS, the public hearing was held on May 24 , 1982 ; and -2- WHEREAS, the City duly filed a Declaratory Judgment Action in the 19th Judicial Circuit of the State of Missouri, which said Court , on June 20, 1986, rendered a judgment in favor of the City in a cause entitled "City of Jefferson, Missouri vs. Ronald F. Schnieders , et al. " , CV184-139CC, finding the annexation of the unincorporated area to be reasonable and necessary to the proper development of the City of Jefferson, Missouri; and WHEREAS, the registered voters of the City, at an election held on February 3, 1987, approved the proposition for annexation by more than a majority of the total votes cast in the City; and WHEREAS, the registered voters of the area proposed to be annexed, at an election held on February 3 , 1987 , approved the proposition for annexation by more than a majority of the total votes cast in the area proposed to be annexed; and WHEREAS, the City has complied in all respects with 70. 015 RSMo as they pertain to annexation; and WHEREAS, said annexation is now complete and said land has now become a part of the corporate city; and WHEREAS, the Zoning Map, which showed how the City proposed to zone the North Area and which was contained in the North Area' s Plan of Intent , was presented at a public hearing held on Monday, May 24 , 1982 , as required by law; and WHEREAS, said Plan of Intent was incorporated by reference in City of Jefferson' s Petition for Declaratory Judgment authorizing annexation presented to the 19th Judicial Circuit Court; and WHEREAS, the proposed Zoning Map for the North Area was favorably reviewed by the Jefferson City Planning and Zoning Commission; and WHEREAS, the City Council of the City of Jefferson was , on January 14 , 1987 , presented a verified petition requesting that the city annex the following described unincorporated area of land contiguous to the corporate city limits and which is hereinafter referred to as the "Voluntary Area" : That part of Lot 11 , Mall Ridge Addition, Section One , which is located in the County of Cole, Missouri, outside the existing Jefferson City boundary, being more particularly described as follows : -3- Beginning at the point of intersection of the corporate limits of Jefferson City, Missouri, and the easterly right-of-way line of Ventura Avenue; thence N 17° 38' 07" W along said right-of-way line to the northwest corner of said Lot 11; thence leaving said right-of-way line on a bearing of N 72° 21 ' 53" E along the northerly line of said Lot 11 to the northeast corner thereof; thence S 110 45' 08" E to the existing corporate limits; thence westerly along said corporate limits to the point of beginning. and, WHEREAS, the petition requesting said annexation was signed by the owners of all fee interest of .record in all real property located within the area proposed to be annexed; and WHEREAS, after giving due and legal notice, as required by law, the City Council did, on February 16, 1987, hold a public hearing concerning the annexation of the unincorporated area of land described above; and WHEREAS, at the above described public hearing, the City Council did provide any interested person, corporation or political subdivision with the opportunity to present evidence; and WHEREAS, after the above described public hearing, the City Council did determine that the annexation was reasonable and necessary to the proper development of the City and, further, did determine the City has the ability to furnish normal municipal services to the area within a reasonable length of time; and WHEREAS, no written objection to the proposed annexation was .filed with the City Council in the seven ( 7 ) days following the public hearing; and WHEREAS, said annexation is now complete and said land has now become a part of the corporate city; and WHEREAS, the Zoning Ordinance of Jefferson City specifies that annexed land shall be placed in the RS-1 Residential District if no Plan of Intent has been prepared for the area; and WHEREAS, the City Council of the City of Jefferson did, on October 4 , 1984 , duly enact Ordinance No. 10296 which described the area to be annexed, declared the annexation to be reasonable and necessary to the proper development of the City, declared -4- that the City had developed a plan of intent to provide services to the area proposed for annexation, stated that a public hearing had been held prior to the adoption of the ordinance, declared the ordinance to be effective on December 31 , 1985, or when approved by the voters as provided by law, whichever is later, and authorized annexation of the area; and WHEREAS, this annexed area, hereinafter referred to as the "South Area" is described as follows: Land in parts of the west one-half of Section 29 , in Section 30, and in the northwest quarter of Section 32, with said sections being in Township 44 North, Range 11 West, and land in the northeast quarter of Section 25, Township 44 North, Range 12 West , in the County of Cole, Missouri, more particularly described as follows: Beginning at a point on the south line of the northwest quarter of Section 29, Township 44 North, Range 11 West, Cole County, Missouri, where said south line intersects the center of the Moreau River; thence southerly and westerly along the center of the Moreau River through parts of Sections 29, 32 and 30 in said Township 44 North, Range 11 West, to a point in Section 30, where the center of the Moreau River intersects the easterly line of Missouri State Route "B" , Cole County, Missouri; thence northerly along the easterly line of said Route "B" to the west line of said Section 30, on the Ranee Line; thence southerly along the easterly line of Township 44 North, Range 12 West , to a point 475 feet south of the south line of the north half of the northeast quarter of Section 25, Township 44 North, Range 12 West , Cole County, Missouri; thence westerly parallel to the south line of the north half of the northeast quarter of said Section 25, to the west line of the southeast quarter of the northeast quarter; thence north along the quarter quarter section line, 475 feet to the southeast corner of the northwest quarter of the northeast quarter of said Section 25; thence westerly along the southerly line of the northwest quarter of the northeast quarter, to the southwest corner thereof; thence northerly along the quarter section line to the north line of said Section 25, Township 44 North, Range 12 West, Cole County, Missouri; thence easterly along the north line of Section 25, south line of Section 24 , Township 44 North, Range 12 West, and the easterly extension thereof, to a point on the west line of Lot 12 , Iven' s Addition, as recorded in Plat Book 8, Page 115 , Cole -5- County Recorder' s Office, and being in Section 30, Township 44 North, Range 11 West , Cole County, Missouri; thence S 03° 22 ' E, to the southwest corner of said Lot 12; thence N 85° 30' E, 150.0 feet to the southeast corner of said Lot 12; thence N 030 22 ' W, along the east line of said Lot 12 to its point of intersection with the easterly extension of the south line of Section 24 , Township 44 North, Range 12 West , in said Section 30; thence easterly along said easterly extension to the west line of Lot 13 of said Iven' s Addition; thence S 03° 22 ' E, along said west line to the southwest corner of said Lot 13; thence N 860 38 ' E, 168.51 feet to the southeast corner of said Lot 13; thence N 17° 03' 22" E, along the easterly line of said Lot 13 to said easterly extension of the south line of said Section 24; thence easterly along said easterly extension of the south line of said Section 24 to a point 880 feet west of the east line of said Section 30; thence southerly, 880 feet west of and parallel to the east line of said Section 30, to the south line of the northeast quarter of said Section 30; thence easterly along the south line of the northeast quarter of said Section 30, and the south line of the northwest quarter of Section 29 , Township 44 North, Range 11 West, Cole County, Missouri, to the center of the Moreau River and the point of beginning for this description. WHEREAS, on August 10, 1984 , notices of the annexation public hearing were sent by certified mail to all fee owners of record having property in the proposed annexation area; and WHEREAS, a public notice of the annexation hearing was published on September 7, 1984 , in the Jefferson City Post Tribune; and WHEREAS, the public hearing was held on October 1 , 1984 ; and WHEREAS, the City duly filed a Declaratory Judgment Action in the 19th Judicial Circuit of the State of Missouri, which said Court , on June 20, 1986, rendered a judgment in favor of the City in a cause entitled, "City of Jefferson, Missouri vs . Susan L. Adams , et al. " , CV185-593CC, finding the annexation of the unincorporated area to be reasonable and necessary to the proper development of the City of Jefferson, Missouri; and WHEREAS, the registered voters of the City and registered voters of the area proposed to be annexed at an election held on April 7 , 1987 , approved the proposition for annexation by more than a two-thirds majority; and -6- WHEREAS, the City has complied in all respects with 70.015 RSMo as they pertain to annexation; and WHEREAS, said annexation is now complete and said land has now become a part of the corporate city; and WHEREAS, the Zoning Map, which showed how the City proposed to zone the South Area and which was contained in the South Area' s Plan of Intent , was presented at a public hearing held on October 1, 1984, as required by law; and WHEREAS, said Plan of Lntent was incorporated by reference in City of Jefferson' s Petition for Declaratory Judgment authorizing annexation presented to the 19th Judicial Circuit Court; and WHEREAS, the proposed Zoning Map for the South Area was favorably reviewed by the Jefferson City Planning and Zoning Commission; and WHEREAS, it appears that the procedures set forth in Ordinance No. 9598, the zoning code, relating to zoning have in all matters been complied with: NOW THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI , AS FOLLOWS: Section 1 . The above described North Area is zoned in accordance with the attached North Area Zoning Map which is hereby incorporated by reference and made a part hereof as if more fully set out herein. Section 2 . All of the above described Voluntary Area is placed in the RS-1, Single Family Dwelling Zoning District . Section 3. The above described South Area is zoned in accordance with the attached South Area Zoning Map which is hereby incorporated by reference and made a part hereof as if more fully set out herein. Section 4 . This ordinance shall be in full force and effect from and after its passage and approval. Passed: �«�, �f, /%d' 7 Approved: Presiding Of f.,Yce r a or • � 1 ATTESTS City Clerk f ,. NORTH AREA ZONING LEGEND PROPOSER A';;:D(AT10N LIMITS ------ ----- EXISTING CITY LIMITS ---— Cal'JRC1AL BUILDING 0 N RESIQE,NTIAL BUILDING 0 CREAK RAILRQV ' S RIO VISTA SUBDIVISION r M-3 `• �OOt�V51.4�e � . MO. - Rp11.RONO ��-.-•... PACIFIC LEGEND FOR PROPOSED ZONING SYMBOL DISTRICT M-2 General Industrial M-3 Planned Industrial This map, showing how the City proposes to zone ® the area, is a part of the City' s Annexation Plan of Intent for Proposed Annexation Area I (North Area ) . • T H 0 9 C N N {^ ••-11----- N r R M u N N ?p a U n 1 i OnS TJ H r O 7 M 7 N ry A { n N.n r u 1• H N �� t, j, P U D ro t.=r iT, a x r7 0 o v t r v � � t•1 _ ` 0 cc ale o e a y v b;l 7 K O V b in .a n N r D O CO • \l h� �� L .. b M N N • N 1••.� KNIGHT VALLEY {� n - °n PARK CREST 7 v cn ;'' n o0 00 •q o iH 1:1!ili i�r,•1?aiT •• RS-2 IVEN ROAn C6 p7p M ti iq , 1• � N \ / . 1 a ncr- •1 { RS-1 �g . 1 (�� RS-1 :1 , • r. t t At G1iEEN_ME Ar 5 a/ 1 _ l r°ate ��.-. 1 • ' 1 t L__:___:J v � 1 SOUTH AREA ZONING