HomeMy Public PortalAboutORD09023 1
BILL NO. S q ✓ �J //>>>>
INTRODUCED BY COUNCILMAN !�;¢
ORDINA C 0. 2'Ddu
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING,
AMENDING AND MODIFYING THE ZONING MAP OF THE CITY OF JEFFERSON BY
AMENDING ORDINANCE 8508 , BY ZONING AND REZONING THE AREA ANNEXED
TO THE CITY OF JEFFERSON, BY ORDINANCE NO. 8989, AMENDING SAID
ORDINANCE NO. 8508, AND PROVIDING FOR OTHER MATTERS RELATING TO
ZONING IN SUCH ANNEXED AREAS.
WHEREAS, the City of Jefferson has recently consumated
the annexation of certain new areas to the City of Jefferson as
I� are more particularly described and set forth in Ordinance
No. 8989; and
WHEREAS, under the provisions of Ordinance No. 8508
relating to the zoning of the City of Jefferson provision is made
in Section 2.B. (3) thereof that all newly annexed areas will be
automatically placed in the most restrictive RS Residential District
until otherwise changed by ordinance; and
WHEREAS, the City Council of the City of Jefferson is
desirous of considering the zoning of the various parts of the
such newly annexed area as if such was being initially zoned and
has so considered the matter of zoning within such newly annexed
area; and
WHEREAS, the City Planning and Zoning Commission at a
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public hearing did consider the matter of zoning within such
newly annexed area and did make its recommendation to the City
Council of the City of Jefferson; and
WHEREAS, notice of a public hearing with respect to the
zoning of said newly annexed area was thereafter duly published
and a hearing pursuant to such notice with respect to such zoning
was held before the City Council on July 18 , 1977; and"
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WHEREAS, the City Council has fully, considered the
matter of zoning within the newly annexed area as defined by
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® said Ordinance No. 8989; and
WHEREAS, it appears that all applicable procedures set
forth in Chapter 89, RSMo. , and in Ordinance 8508 relating to
zoning and rezoning of such area have been complied with.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1 . All lands within the area newly annexed
to the City of Jefferson which was approved by the qualified
voters of the City of Jefferson on April 5, 1977, and as reflected
in Ordinance No. 8989 are hereby zoned and rezoned into the zoning
districts and subdistricts as are shown upon the map of the
annexed area which is attached hereto, made a part hereof, and
incorporated fully herein by reference. Said newly annexed area
which is hereby zoned and rezoned is more particularly described
as the following property located in Cole County, Missouri:
Beginning at the northeast corner of Fractional
Section 4, Township 44 North, Range 12 West, thence
southerly along the east line of said Fractional ,
Section 4 to the southeast corner thereof; thence
westerly along the southerly line of said Fractional
Section 4 to the centerline of the west half of the
northequarter of Section 9; thence southerly
along the centerline of the west half of the north-
east quarter of Section 9 to the quarter section
line; thence easterly along the quarter section line
of Sections 9, 10 and 11 to the center of Section 1.1;
thence southerly along the quarter section line of
Sections 11 and 14 to the southerly line of Section
14; thence westerly along the southerly line of
Section 14, to the quarter quarter section line in
the west half of Section 14; thence northerly along
the quarter quarter section lines of Sections 14 and 11
to the northeast corner of the southwest quarter of
the southwest quarter of Section 11; thence westerly
along the quarter quarter section lines of Sections
11, 10, 9 and 8 to the quarter section line at the
center of Section 8; thence northerly along the
quarter section line of Section 8 to the north line of
Section 8; thence easterly along the northerly line of
Sections 8 and 9 to a point on the centerline of the
southwest quarter of the southwest quarter of Fractional
Section 4; thence northerly along the centerline of
the southwest quarter of the southwest quarter of said
Fractional Section 4 to the quarter quarter pection
line in the southwest quarter thereof; thence
easterly along the quarter quarter section line to
the center of the southwest quarter of said Fractional
Section 4; thence northerly along the quarter quarter
section line to the north line of the southwest quarter
. of said Fractional Section 4; thence easterly along
the quarter section line of Fractional Section 4 to
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the northwest corner of the northeast quarter of the
southeast quarter of said Fractional Section 4;
thence north along the quarter quarter section line
to the north line of said Fractional Section 4; thence
easterly along the northerly line of said Fractional
Section 4 to the point of beginning, all in Township
44 North, Range 12 West, Cole County, Missouri.
The map of such newly annexed area shall for all intents and
purposes be considered as a part of the "District Map" which is
a part of Ordinance No. 8508, the "Zoning Ordinance" of the City
of Jefferson, and as said ordinance has been amended.
Section 2 . The provisions of Ordinance No. 8508, as amended,
relating to zoning shall apply to the newly annexed area the same
as if said ordinance had been newly passed as to such newly
® annexed area; -the district and subdistricts shown upon the attached
map of such newly annexed area and all of the notations, references,
and other information shown upon such map shall apply as to the
newly annexed area above described and as described in Ordinance
No. 8989 in the same manner as the "District Map" referred to in
Ordinance No. 8508 is applied to the areas originally zoned by
Ordinance No. 8508; and the zoning and land use regulations con-
tained in Ordinance No. 8508, as amended, shall govern within the
applicable districts and subdistricts in such newly annexed areas,
except as herein specifically modified or otherwise provided.
® The map attached hereto shall for all intents and purposes by con-
sidered as an extension of the "District Map" referred to in said
Ordinance No. 8508 , as amended.
Section 3. "S Special Development District" .
a. On the attached map, an "S Special Development
District" is shown and established which lies within a part of
North one-half of Section 9, Township 44 North, Range 12 West.
Said district is in turn divided into sub-areas as hereinafter
more specifically described by metes and bounds. Land. use
regulations within the various parts of the said districts are
hereinafter more specifically set forth. In the event of a
conflict between the district or sub-area descriptions as set
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forth in this Section 3 and as shown on the attached map, the
description contained in this Section 3 shall control. In the
event of a conflict between the uses and procedures set forth for
Special Development Districts in Section 4.A. (12) of Ordinance
No. 8508 , the provisions of this ordinance shall apply to the
exclusion of those set forth in said Ordinance No. 8508 .
b. The areas within the "S Special Development District" ,
and the only uses permitted within the said areas are as follows
(there being no conditional uses or other permissive uses) :
(1) Area A.
(a) Area A is more particularly described
as follows:
A part of the North half of Section 9, Township 44
North, Range 12 West, in the City of Jefferson,
Missouri, more particularly described as follows:
Starting at a point on the North line of said
Section 9 which is 190 feet west of the northeast
corner of the West one half of the northwest
Quarter of the Northeast quarter of said Section 9;
thence in an easterly direction along said section
line 190 feet to the aforesaid northeast corner;
thence south along the east line of the west one
half of the Northwest quarter of the northeast
quarter of said Section 9 , 760.31 feet, more or less,
to the north right of way line of Country Club Drive
(Old Highway 50) then S 780 23' W, 86 .26 ft. along
the north right of way line of said Country Club
Drive; thence North 11° 59 ' 57" W, 781 feet, more
or less, to the point of beginning.
(b) The only use permitted within Area A shall be
a "wilderness area" . No trees within such area shall
be removed if they are of sufficient size to constitute
a "standard tree" as that term is defined in Ordinance
No. 8508; provided, however, that trees which are of
a size so as to constitute a defined "standard tree"
may be removed upon prior approval of the City Planner
if they have been damaged or destroyed so as to con-
stitute a hazard to life or property. No other use
than as a "wilderness" area may be made of the property
described in Area A.
(c) Notwithstanding the provisions of Section
4.A. (12) of Ordinance No. 8508, no approval by either
the City Council or the Planning and Zoning Commission
shall be- required for plans for Area A nor shall any
bonds be required. ,
(2) Area B.
(a) Area B is more particularly described as follows:
X • A part of the North half of Section 9, Township 44,
North, Range 12 West, in the City of Jefferson,
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Missouri, more particularly described as follows :
Starting at the southwest corner of Area A above
described; thence S 780 23 ' W, 50 feet along the north
right of way lire of Country Club Drive (Old Highway
50) 1 thence N 110 59 ' 57" W parallel to and 50 feet
to the west of the west line of Area A to a point
on the north line of said Section 9; thence in an
easterly direction along said section line 50 feet
to the northwest corner of Area A; thence S 110 59 '
57" E along the west line of Area A 781 feet, more
or less, to the point of beginning.
(b) The only use permitted within Area B shall be
a "landscaped buffer" . A hedge will be planted by
the owner of the property on the western side of said
area for the primary purpose of screening automobile
lights. Before land within the Special Development
District is used, such hedge and other landscaping
within the area will be completed by the owner under
a landscaping plan approved by the Jefferson City
Planning Office which shall be governed by acceptable
horticultural practice.
(c) Notwithstanding the provisions of Section 4 .A. (12)
of Ordinance No. 8508, no approval by either the City
Council or the Planning and Zoning Commission shall be
required for plans for Area B. Rather, the owner
shall submit a landscaping plan to the Jefferson City
Planning Office, with the only required approvals
of such plans being by the Jefferson City Planning
Office after the plan has been formulated and again
after the landscaping has been performed. No bonds
shall be required.
(3) Area C.
(a) Area C is more particularly described as follows:
A part of the north half of Section 9, Township 44
North, Range 12 West, in the City of Jefferson, Missouri,
more particularly described as follows:
Starting at the southwest corner of Area B above de-
scribed; thence S 781 23 ' W, 30 feet along the North
right of way line of Country Club Drive (Old Highway
50) ; thence N 11° 59 ' 57" W, parallel to and 30 feet
to the west of the west line of Area B to a point of
the north line of said Section 9; thence in an
easterly direction along said section line 30 feet
to the northwest corner of Area B; thence S 11° 59 '
57" E along the west line of Area B to the point of
beginning.
(b) The only use permitted within Area C shall
be for an internal service road serving the Capitol
Mall Shopping center.
(c) Notwithstanding the provisions of, Section
4 .A. (12) of Ordinance No. 8508, no approval by either
the City Council or the Planning and Zoning Commission
shall be required for plans for Area C nor shall any
bonds be required.
• (4) Area D.
(a) Area D is more particularly described as
} follows:
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® A part of the north half of Section 9, 'township 44
North, Range 12 West, in the City of Jefferson,
Missouri, more particularly described as follows:
Starting at the southwest corner of Area C above
described; thence S 780 23 ' W, 75 feet along the North
right of way line of Country Club Drive (Old Highway
50) ; thence N 110 59 ' 57" W parallel to and 75 feet
west of the west line of Area C to a point on the
north line of said Section 9; thence in an easterly
direction along said section line 75 feet to the
northwest corner of Area C; thence S 11° 59' 57" E
along the west line of Area C to the point of
beginning.
(b) The only use permitted within Area D shall
be for vehicle parking. Lighting within this parking
area shall consist of poles built to not more than
a 25 foot height above the base with directional light
shrouded away from the residential area to the east
of the Special Development District.
(c) Notwithstanding the provisions of Section
4 .A. (12) of Ordinance No. 8508, no approval by either
the City Council or the Planning and Zoning Commission
shall be required for plans for Area D nor shall any
bonds be required.
(5) Area E.
(a) Area E is more particularly described as
follows:
A part of the North half of Section 9, Township 44,
North, Range 12 West, in the City of Jefferson,
Missouri, more particularly described as follows:
Starting at a point on the east line of the west one
half of the northwest quarter of the northeast quarter
of said Section 9 which is on the south right-of-way
line of Country Club Drive (Old Highway 50) ; thence
in a southerly direction along said east line to the
north right-of-way line of the present Highway 50
Expressway; thence in a westerly direction along the
said north right-of-way line a distance of 50 feet;
thence in a northerly direction parallel to and 50
feet west of the aforesaid east line of the West one
half of the northwest quarter of the northeast quarter
of said Section 9 to a point on the south right-of-way
line of Country Club Drive (Old Highway 50) ; thence
in an easterly direction along said south right-of-way
line 50 feet to the point of beginning.
(b) The only use permitted within Area E shall
be a "landscaped bank" . Before land within the Special
Development District is used landscaping within the
area will be completed by the owner under a land-
scaping .plan approved by the Jefferson City Planning
Office which shall be governed by acceptable. horti--
cultural practice.
(c) Notwithstanding the provisions of Section
4 .A. (12) of Ordinance No. 8508, no approval by either
• the City Council or the Planning and Zoning Commission
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shall be required for plans for Area E. Rather, the
owner shall submit a landscaping plan to the Jefferson
City Planning Office, with the only required approval
of such plans being by the Jefferson City Planning
Office after the plan has been formulated and again
after the landscaping has been performed. No bonds
shall be required.
(b) Area F.
(a) Area F is more particularly described as
follows:
A part of the North half of Section 9, Township 44 ,
North, Range 12 West, in the City of Jefferson,
Missouri, more particularly described as follows:
Starting at the northwest corner of Area E above described;
thence in a southerly direction along the west line
of said Area E to the north right-of-way line of the
present Highway 50 Expressway; thence in a westerly
® direction along said north right-of-way line a
distance of 50 feet; thence in a northerly direction
parallel to and 50 feet west of the aforesaid west
line of said Area E to a point on the south right-
of-way line of Country Club Drive (Old Highway 50)
thence in an easterly direction along said south
right-of-way line 50 feet to the point of beginning.
(b) The only use permitted within Area F shall
be for vehicle parking. Lighting within the parking
area shall consist of poles built to not more than
a 25 foot height above the base with directional. light
shrouded away from the residential area to the east
of the Special Development District.
(c) Notwithstanding the provisions of Section
4 .A. (12) of Ordinance No. 8508 , no approval by either
the City Council or the Planning and Zoning Commission
shall be required for plans for Area F nor shall any
bonds be quired.
Section 4 . In order to clarify the exact boundary
lines between zoning districts shown on the attached map, certain
of the districts and boundary lines ( but not all districts or
lines) shown upon the attached map are more particularly described
in this section. In the event of a conflict between the boundaries
of a district as shown upon the attached map and the description
of a district or its boundaries contained in this section, the
metes and bounds or monument descriptions contained in this
section shall govern and control.
a. C1 District. The Cl District lying in a part
• of Sections 4 and 9 of Township 44 North, Range 12 West, shall
include the following described property:
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From the northeast corner of the west half of the
northwest quarter of the northeast quarter of said
Section 9; thence in a westerly direction along
the south section line of Section 4, 190 feet to
the northwest corner of Area A of the Special Develop-
ment District described in Section 3 above for the
point of beginning; thence in a northerly direction
700 ft. , more or less, to the north line of a tract
of land which is more specifically described in a deed
from Richard P. Schneider, et al . , to General Growth
Properties which is of record in Book 231 at page 918
in the Cole County Recorder' s Office; thence S 850 07 '
05" W, along the north line of said tract to a point
which is 700 feet from the centerline of North Ten
Mile Drive along the north line of said tract; thence
N 30 55 ' 16" W, 400 feet; thence S 860 12 ' 54" W,
420 .00 feet to the centerline of North Ten Mile Drive;
thence in a southerly direction along the centerline
of North Ten Mile Drive as now realigned and relocated
to the Highway 50 Expressway; thence across said
Highway 50 Expressway following the centerline of the
realigned North Ten Mile Drive and then the centerline
® of South Country Club Drive to the south side of the
Highway 50 Expressway; thence continuing in a southerly
direction along the centerline of South Country Club
Drive to a point which is the intersecting point of
the southernmost line of a roadway easement which is
described in an instrument of record from Ernest J.
Jungmeyer and wife to Eugene J. Knipp, et al. , which is
of record in Book 246 , at page 255 in the Cole County
Recorder' s Office; thence in an easterly direction
along the southernmost line of said roadway easement
to the east line of the west half of the Northwest
Quarter of Section 9; thence in a southerly direction
along said east line to a point which is 1200 feet south
along said east line from the centerlin of the Highway
50 Expressway; thence in an easterly direction 1200
feet south of and parallel to the said centerline
of the Highway 50 Expressway to the centerline of
the west half of the northeast quarter of Section;
thence in a northerly direction along the said center-
line of the west half of the northeast quarter of
Section 9 to the north right of way line of the High-
way 50 Expressway; thence in a westerly direction along
the said north right of way line a distance of 100
feet to the southwest corner of Area F of the Special
Development District described in Section 3 above;
thence in a northerly direction along the west line
of said Area F and along a line extended along the
same course thereof to the north right of way line
of Country Club Drive (Old Highway 50) ; thence in a
westerly direction along the said north right of way
line of Country Club Drive (Old Highway 50) to the
southwest corner of Area D of the Special Development
District described in Section 3 above; thence in a
northerly direction along the west line of said Area
D to the north line of Section 9; thence in an easterly
direction along said north line of Section 9 a distance
of 155 feet, more or less, to the point of beginning.
(b) The RA District lying South of North Ten Mile
Drive in the east one half of Section 4, Township
44 North Range 12 West, shall be the following
described property:
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Dart of the Southeast Quarter of Section 4 , Township
44 North, Range 12 West, in the County of Cole,
Missouri, more particularly described as follows :
From the northeast corner of the Southeast Quarter
of said Section 4 ; thence S 40 01 ' 29" E, along the
Section Line, 1167 .54 feet; thence S 640 15 ' 13" W,
331. 45 feet; thence S 86° 05 ' 38" W, 410 .77 feet;
thence N 40 07 ' 29" W, 629. 23 feet, to the point of
beginning for this description; thence continuing
N 40 07 ' 29" W, 422 .81 feet to the south line of
North Ten Mile Drive; thence S 780 53 ' 50" W, along
said south line, 325 .06 feet; thence S 30 37 ' 46" E,
418 .95 feet; thence N 790 38 ' 44" E, 328 .21 feet to
the point of beginning.
Containing in all 3. 1 acres more or less. Bearings
are magnetic.
ALSO:
Part of the Southeast Quarter of Section 4, Township
44 North, Range 12 West, in the County of Cole,
Missouri, more particularly described as follows :
From the Northeast corner of the Southeast quarter
of said Section 4; thence S 40 07 ' 29" E, along the
Section Line, 1167 .54 feet; thence S 640 15' 13" W,
331.45 feet; thence S 860 05 ' 38" W, 410. 77 feet to the
point of beginning for this description; thence N
40 07 ' 29" W, 629.23 feet; thence S 790 38 ' 44" W,
852 .42 feet; thence S 3° 45 ' 20" E, 0 .22 feet; thence
S 790 38 ' 44" W, 209.88 feet; thence S 30 45 ' 20" E,
229.78 feet; thence S 760 38 ' 24" E, 905 .25 feet;
thence S 81° 55 ' 18" E, 198 .57 feet; thence N 40
07 ' 29" W, 30.0 feet to the point of beginning.
Containing 10.98 acres more or less. Bearings are
magnetic .
ALSO:
Part of the Southeast quarter of Section 4, Township
® 44 North, Range 12 West in the County of Cole,
Missouri, more particularly described as follows:
From the Northeast corner of the Southeast Quarter
of said Section 4; thence S 40 07 ' 29" E, along the
Section line, 1167.54 feet; thence S 640 15 ' 13" W,
331.45 feet; thence S 860 05' 38" W, 410.77 feet;
thence S V 07 ' 29" E, 30. 0 feet; thence N 81° 55 ' 18" W„
198 .57 feet; thence N 760 39 ' 24" W, 228.25 feet
to the point of beginning for this description;
thence continuing N 760 38 ' 24" W, 677.0 feet; thence
S 30 45' 20" E, 912 .0 feet; thence N 500 19' 08" E,
663.84 feet; thence N 10 17 ' 08" W, 33.0 feet; thence
Northerly on a curve to the right, having a radius
of 470.0 feet, a distance of 234 .98 feet; thence
N 270 211 36" E, 79. 04 feet to the point of beginning.
Containing 8 .14 acres more or less. Bearings are
magnetic.
(c) The RD district lying South of Ten Mile
Drive shall be the following described property:
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Part of the Southeast Quarter of Section 4,
Township 44 North, Range 12 West, in the County
of Cole, :Missouri, more particularly described
as follows:
From the Northeast corner of the Southeast Quarter
of said Section 4; thence S 40 07 ' 29" E 1167 . 54
feet along the Section line to the point of beginning
for this description; thence .S 640 15 ' 13" W, 331. 45
feet; thence S 86° 05' 38" W, 410. 77 feet; thence
S 4° 07 ' 29" E, 30.0 feet; thence N 810 55 ' 18" W,
198 .57 feet; thence N 760 38 ' 24" W, 228 . 25 feet;
thence S 270 21 ' 36" W, 79. 04 feet; thence Southerly
on a curve to the left having a radius of 470. 0 feet,
a distance of 114 .24 feet; thence S 890 07 ' 01"
E, 240 feet; thence Easterly on a curve to the right,
having a radius of 625 .0 feet, a distance of 237.11
feet; thence S 670 22 ' 48" E, 160. 0 feet; thence
Southerly on a curve to the right, having a radius
of 195 .0 feet, a distance of 54 . 16 feet; thence
N 410 35 ' 38" E, 30 . 63 feet; thence Easterly on a
® curve to the right, having a radius of 370.0 feet, a
distance of 351.06 feet; thence Southeasterly on
• curve to the right having a radius of 281.55 feet,
• distance of 127 .76 feet; thence S 58° 02' 38" E, 120.0
feet; thence N 670 27 ' 22" E, 134 .09 feet; thence
N 40 07 ' 29" W, 345. 96 feet to the point of beginning.
Containing 5 .65 acres more or less. Bearings are
magnetic.
Section 5 . C-4 Planned Commercial District.
Within the easternmost 185 feet of that part of the C-4 Planned
Commercial. District which lies south of North Ten Mile Drive
(said area to which the additional regulations set .forth in
this section applies being located in the East one half of Section
4 of Township 44 North, Range 12 West) , the regulations set forth
in this Section shall apply in addition to those which are set
forth in Section 4 .A. (9) of Ordinance No. 8508 for C-4 Planned
Commercial Districts:
.a. Parking areas may only be designed, established
and used to serve a business or other use which is lawfully
established on the same lot as the parking area. A parking area
providing more than 20 spaces shall be considered a conditional
use and to be permitted use must be approved by the Board of
Adjustment in the manner provided for other conditional uses.
b. Only recreational uses which would be permissive
uses in an RU District or in an RA District shall be permissive
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uses. All other recreational uses which would otherwise be
permitted under the provisions of Section 4 .A. (9) of Ordinance
No. 8508 shall be considered as conditional uses, and to be
permitted use must be approved by the Board of Adjustment in
the manner provided for other conditional uses. Any recreational
use which is allowed within the area shall be designed, established
and maintained so as to be efficiently sound-insulated to effectively
confine the noise to its premises.
C. The height of any buildings or structure in the
district shall not exceed the height which would be permitted in
an RA District.
d. Facilities ordinarily accepted as shopping center
uses which are permitted within the area shall be those which
are of a type that are accessory uses to the retail sale
of merchandise.
e. Uses which are permissive uses within an RA
District under the provisions of Section 4 .A. (5) of Ordinance
No. 8508 shall be permissive uses within such area, and it shall
not be necessary to present plans to or to secure the approval
of the Planning and Zoning commission in the manner provided
in Section 4.A. (9) of Ordinance No. 8508 before such area is
used or a building erected or used for any such permissive uses.
Nothing contained in the section shall be deemed to
make any of the foregoing regulations applicable to any part of
the C-4 Planned Commercial District other than the 185 foot strip
herein above defined.
Section 6. This ordinance shall be in full force
and effect from and after its date of passage and approval.
Passed 1,7,7 Approved
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Council r
Attest:
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AMENDMENT NO. 1
Amend Bill No. , page 9 , Section 4.b . , by
inserting before the period at the end of said subsection the follow-
ing:
" , and the westernmost boundary of said RA District shall
be a north-south line which runs along the easterly line
as extended of a tract which is more particularly described
in a deed of record in Book 217 at page 327 in the Cole
County Recorder's Office"
And further amend said bill, page 9 , Section 4, and also the map
attached to said bill by deleting from the area included within the
C-4 Planned Commercial District shown on the attached map certain
areas as more particularly described, by zoning them as hereinafter
described, and by adding the following new subsection to Section 4:
"c. Additional C-1 District. An additional C-1 District
lying in a part of Section 4 in Township 44 North, ' Range 12
West, shall include the following described property:
All of that property which lies south of and
within 550 feet of the centerline of North Ten
Mile Drive between the C-1 District described
hereinabove in subsection 4.a. and a tract of
land lying to the northeast thereof which is
more particularly described in a deed of trust
dated March 13, 1975 , which is filed of record
in Book 154 at page 165 in the Cole County
Recorder's Office."
i further amend said bill on pages 9 and 10 by deleting Section
5 and inserting in lieu thereof a new section 5 as follows :
"Section 5. C-4 Planned Commercial District. Within the
easternmost 185 feet of that part of the C-4 Planned Com-
mercial District which lies south of North Ten Mile Drive
(said area to which the additional regulations set forth
in this section applies being located in the East one-half
of Section 4 of Township 44 North, Range 12 West) , the
regulations set forth in this Section shall apply in addi-
tion to those which are set forth in Section 4.A. (9) of
Ordinance No. 8508 for C-4 Planned Commercial Districts:
"a. Parking areas may only be designed, established
and used to serve a business or other use which is
lawfully established on the same lot as the parking
area. A parking lot to serve adjacent property shall
be considered a conditional use.
"b . A recreational use which generates a high volume
of traffic shall be a conditional use . Any recreational
use which is allowed within the area shall be designed,
established and maintained (1) so as to be sufficiently
sound-insulated to substantially confine the noise to
its premises insofar as same may be possible consider-
ing the recreational use involved and (2) so that
lighting shall be shrouded and directed away from the
residential area to the east.
"c. The height of any buildings or structures in
the district shall not exceed the height which would
be permitted in an RA district.
"d, The use of a building or premises for the retail
sale of merchandise shall not include department
stores , grocery stores (other than neighborhood stores) ,
or other similar type large volume retail stores.
"e. Uses which are permissive uses within an RA
district under the provisions of Section 4.A. (5) of
Ordinance No. 8508 shall be permissive uses within such
area, and it shall not be necessary to present plans
to or to secure the approval of the Planning and
Zoning Commission in the manner provided in Section
4.A. (9) of Ordinance No. 8508 before such area is
used or a building erected or used for any such per-
missive uses.
"Nothing contained in this section shall be deemed to make
any of the foregoing regulations applicabl:e to any part of
the C-4 Planned Commercial District other than the 185-foot strip
hereinabove defined. "
Zk
a
r
RESOLUTION N0,
WHEREAS, certain disputes have arisen relative to the
effect or alleged effect of the Capitol Mall Shopping Center pro-
ject of General Growth Properties upon the nearby residential
neighborhood; and,
WHEREAS, the City Council has heretofore considered various
aspects of such disputes as they relate to the usage of Country
Club Drive and zoning within the area; and,
WHEREAS , of recent date substantial progress has been
made towards an amelioration or lessening of those disputes as is
reflected by correspondence between counsel which correspondence
is marked Exhibits A and B, attached hereto and incorporated herein
by reference; and,
WHEREAS, the City Council is desirous of furthering an
amelioration of those disputes; and,
WHEREAS, after considerigg the contents of the letter dated
July 28, 1977, and attached hereto as Exhibit A the City Council
believes that certain of the concepts stated therein are meri-
torious and should be the subject of further action by the City
Council of the City of Jefferson in addition to zoning action
which is otherwise being considered by the City Council. ; and,
WHEREAS , inasmuch as the City Council believes that at
ANIL
this time such matters should be considered together and are,
therefore, encompassed within this single resolution though some of
the actions directed might otherwise be the subject of less formal
action;
NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF JEFFERSON, AS FOLLOWS:
1. The City Council commends General Growth Properties and
the residents of the adjoining areas for the progress in amelio-
rating the disputes between them which is reflected in Exhibits
A and B hereto , and encourages them to continue in their joint
Offorts to reduce the outstanding areas of dispute.
2 . The City Council endorses in principle the proposals
and positions set forth in Exhibit A with respect to which no
question is raised by Exhibit B.
3 . More specifically, the Council now takes and directs
that the following actions be taken:
a. With respect to paragraph 1 of Exhibit A, the
City Attorney is directed to prepare and present to the Council for
consideration an ordinance or ordinances to establish a speed limit
of (thirty) miles per hour along Country Club Drive and to prohibit
through truck traffic on Country Club Drive to the extent such
t may be lawfully done.
b. With respect to paragraph 4 of Exhibit A, the
Director of Public Works and the City Planner are authorized to
act on behalf of the City of Jefferson in approving the design and
construction of a traffic circle on that part of Country Club Drive
which lies between the lands of General Growth Properties . The
design and construction shall be subject to the approval of the
aforesaid city officials and, to the extent that the State Highway
Commission retains jurisdiction over such matters , by the appro-
priate officials or agents of the State Highway Commission.
c. With respect to paragraph 5 of Exhibit A, the
City Council endorses the concept of an entrance directly off of
®the U.S. Highway 50 Expressway into the Capitol Mall Shopping
Center to be open. at least until such time as an interchange is
constructed at the intersection of the U.S . Highway 50 Expressway
and North Ten Mile Drive. The City Council , therefore, respectfully
requests that the State Highway Commission allow such entrance to
be established.
d. With respect to paragraph 7 of Exhibit A and the
further usage of Country Club Drive, the City Council directs the
Director of Public Works and the City Planner , after consulting
with representatives of the State Highway Department , General Growth
:properties , and the West Side Residential Association, to formulate
E.'
3
feasible plans and proposals for Council consideration and action
with respect to Country Club Drive and its usage, and in particular
specific proposals with respect to the following :
(1) A proposal for the construction of traffic
diversion devices (such as traffic circles) along Country
Club Drive (in addition to the traffic circle in the
General Growth area) which would be for the purpose of
slowing through traffic along Country Club Drive: and
diverting its flow.
(2) A proposal , if feasible , for consideration
by the City Council relative to the presentation of a
request to the State Highway Commission to vacate a part
of the one hundred foot right-of-way of Country Club
Drive along each side thereof back to the width of a normal
two-lane local street which serves a residential area within
Jefferson City. The City Couhcil formally declares its
intent that Country Club Drive not be expanded to a four-
lane roadway.
4. Adoption of. this resolution shall not be construed to
authorize the appropriation of any monies of the City of Jefferson
or the use of any funds of the City of Jefferson other than personnel
costs in formulating proposals, and any proposal or action which
requires the expenditures of monies of the City of Jefferson shall
be subject to further consideration and action by the City Council
before any such expenditure is made.
Passed..._......---. Approve
ent a Council
Atte c
ity C er
ELOZZ
w:tier
•
HENDREN AND ANDRAE
ATTORNEYS AT LAW
CENTRAL TRUST BUILDING
JOHN H,HENDREN
1-.o.Box lOeo as43-0136
HENRY ANDRAE AREA CODE 314
ENABLES H.HOWARD(10 6-1070) JEFFERSON CITY,MISSOURI 435101
JOHN E.SURRUSS.JR,
ALEX BARTLETT September 8 , 1977
KELLY POOL
RICHARD S.BROWNLEE 111
1
Mr. Robert N. Hunter, Chief Engineer
Missouri State Highway Commission
State Highway Building
Jefferson City, Missouri 65101
Re: Country Club Drive; Jefferson City, Missouri
Dear Mr. Hunter:
On September 6 , 1977, the City Council of Jefferson City, by a
vote of 8 to 2 , adopted the enclosed Resolution which is trans-
mitted for your information, and copies go to Messrs . Ring and
4 ahmeyer for their information as well. The contents of that
esolution are generally self-explanatory, and they relate to
matters which have previously been called to your attention and
to the attention of Mr. Lahmeyer and Mr. Ring.
With respect to the interim entrance directly from the Highway 50
Expressway 71-o the General Growth Shopping Center development ,
it is resl : . -ally requested on behalf of the West Side Residential
Association ,�inat such be given prompt and favorable. consideration.
The exact mechanics and location oflsuch an entrance would appear
to be more appropriately matters which should be ascertained by
discussions between personnel of the State Highway Department and
personnel of General Growth Properties . By copy of this letter
to Mr. Prenger, the attorney for General Growth Properties, I am
requesting that he or someone from General Growth contact Mr .
Lahmeyer at an early date to discuss future procedures to the end
that such an entrance on an interim basis might be promptly planned
and developed. If it is deemed necessary that there be an
appearance formally before the Commission on this matter , either
I or other representatives of the West Side Residential Association
will be happy to appear.
You will note that the Resolution also directs Messrs . Bates and
Benton, in their capacities as Director of Public Works and as
City Planner, to formulate proposals relative to traffic diversion
devices on Country Club Drive and also a proposal , if feasible,
Mr. Robert N. Hunter, Chief Engineer
Page 2
September 8 , 1977
Ofor consideration to vacate Country Club Drive back to a narrower
width than the 100-foot right-of-way. We would be hopeful that
the staff of the Highway Department might at an early date cooperate
with the city authorities in mutually approaching these matters so
that any difficulties that might be encountered could be early
broached. Specifically, with respect to the matter of vacating
back to a narrower right-of-way, this might, it seems to me, be
accomplished either by a direct "vacation" with the right-of-way
being vacated reverting to the adjoining -landowner (since this
particular piece of right-of-way was acquired by condemnation
and would, therefore , revert without deed) . Alternatively, perhaps
some permanent use rights could be granted to the adjoining land-
owners to use the surface part of the right-of-way outside of that
which would be required for a normal city street so that no question
would arise relative to the disturbing of existing utility easements .
The thought of the residents in proposing that the right-of-way be
narrowed is to effectively preclude in the future the widening of
Country Club Drive to a four-lane drive with increased arterial
traffic.
our consideration and the consideration of the Commission in these
matters is respectfully requested. Thanking you, I am
Yours very truly,
HENDREN AND ANDRAE
By: 4�*
Attorney .for the West Side
AB:emr Residential Association
Enclosures
cc: Mr. R. H. Lahmeyer
Mr. Bruce Ring
Mrs . Margaret Christian
Mr. Michael Bates
Mr. Thomas Benton
Mr. Ronald Prenger