HomeMy Public PortalAboutORD15245 BILL NO. 2013-146
SPONSORED BY COUNCILMAN ' rMihalevich
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ORDINANCE NO. 15- -S
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING
THE REPLAT OF LOT 3 OF STONERIDGE VILLAGE SUBDIVISION, SECTION ONE, A
SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI.
WHEREAS, F&F Development, owner 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 described as: Lot 3 of Stoneridge Village Section One, in the
City of Jefferson, Missouri, per plat of record in Plat Book 12, page 585, Cole
County Recorder's Office. Containing 6.66 acres; and
WHEREAS, it appearing that said plat has been fully and properly signed and accepted by the
owner of said subdivision, known and referred to as the Replat of Lot 3 of
Stoneridge Village Subdivision, Section One, that all taxes have been paid, that in
all respects the requirements of Chapter 445, RSMo, entitled "Plats" have been fully
complied with by the owner 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 the Replat of Lot 3 of Stoneridge Village Subdivision, 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: Approved:
Presiding Office Mayor
ATT ST:
APPROVED
AS TO FORM:
y
ClerW. .• City Counselor
A REPLAT OF LOT 3 OF' STONERIDGE
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Stongeridge Village Subdivision, Section One
Lot 3 Replat
EXCERPT OF UN-APPROVED MINUTES
JEFFERSON CITY PLANNING AND ZONING COMMISSION
February 13, 2014
5:15 p.m.
COMMISSION MEMBERS PRESENT ATTENDANCE RECORD
Dean Dutoi 7 of 8
Chris Jordan, Vice Chairman 6 of 8
Bob George 5 of 8
David Nunn 7 of 8
Ralph Robinett, Chairman 8 of 8
Chris Yarnell 7 of 8
Bunnie Trickey Cotten, Alternate 7 of 8
Ron Fitzwater, Alternate 4 of 8
COMMISSION MEMBERS ABSENT
Jack Deeken 6 of 8
Michael Lester 6 of 8
Dale Vaughan 6 of 8
Kevin Thoenen, Alternate 3 of 8
EX-OFFICIO MEMBERS PRESENT
Rick Mihalevich, City Council Liaison
STAFF PRESENT
Janice McMillan, Director of Planning & Protective Services
Jeremy Cover, Associate City Counselor
Eric Barron, Senior Planner
Shane Wade, Civil Engineer II
Anne Stratman, Administrative Assistant
Other New Business
Case No. P14003 — Replat of Lot 3 of Stoneridge Village Subdivision, Section One.
Application filed by F&F Development, property owner, for a replat of Lot 3 of Stoneridge Village
Subdivision, Section One, into three separate lots. The property consists of 6.66 acres, is zoned
C-2 General Commercial and is located on the east side of Stoneridge Parkway 1000 feet south
of Missouri Boulevard. (Central Missouri Professional Services, Consultant)
Mr. Barron described the proposal and explained that Stoneridge Village Section One was
originally platted in 2007. He stated that the subdivision was laid out as a retail shopping center with
driveway connections planned between the lots and agreements in place for cross access and
utility access. Mr. Barron explained that the developer is now proposing to divide Lot 3 into three
separate ownerships, with each of the three retail units in the building on a separate tract. He stated
that of the three separate tracts proposed by the replat, Lot 3B (consisting of the Small Shops, a
vacant retail unit) would not have street frontage. Mr. Barron explained that street frontage is
required for newly platted lots in both the Subdivision Code and in the Zoning Code, and variances
from both Code requirements are being sought. He stated that a variance from the Subdivision
Code requirement is requested from the Planning and Zoning Commission in order to permit Lot
3B, Small Shoppes, to have no street frontage. Mr. Barron explained that Lot 3A (consisting of
PetSmart) and Lot 3C (consisting of Dick's Sporting Goods) would both have street frontage on
Stoneridge Parkway.
Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, spoke regarding
this request. Mr. Bates distributed a visual depicting the division of Lot 3 into three separate tracts.
He explained that the overall development is covered by cross access agreements and parking
agreements. Mr. Bates stated that at their February 13, 2014 meeting the Board of Adjustment
approved the variance from the Zoning Code requirement that all lots have street frontage in order
to allow Lot 3B to not have street frontage.
No one spoke in opposition to this request and no correspondence was received.
Mr. Barron gave the Planning Division staff report.
` Mr.Wade gave the Engineering Division staff report.
Excerpt of Un-Approved Minutes Page 2
February 13, 2014
Mr. Dutoi moved and Mr. Nunn seconded to approve the requested variance from the Subdivision
Code requirement that all lots have street frontage in order to allow Lot 3B to have no street
frontage. The motion passed 7-0 with the following,votes:
Aye: Cotten, Dutoi, Fitzwater, George, Jordan, Nunn, Yarnell
Mr. Dutoi moved and Mr. Nunn seconded to recommend approval of the Replat of Lot 3 of
Stoneridge Village Section One. The motion passed 7-0 with the following votes:
Aye: Cotten, Dutoi, Fitzwater, George, Jordan, Nunn, Yarnell
EXCERPT OF UN-APPROVED MINUTES
JEFFERSON CITY BOARD OF ADJUSTMENT
February 11, 2014
7:30 am.
BOARD MEMBERS PRESENT ATTENDANCE RECORD
Wilma Partee, Chairwoman 1 of 2
Stacey Young, Vice-Chairwoman 1 of 2
Drew Hake 2 of 2
Matthew Rimiller 2 of 2
Katy Lacy, Alternate 2 of 2
Robert Gammon, Alternate 2 of 2
Daniel Hancock, Alternate 2 of 2
BOARD MEMBERS ABSENT
Paul Graham 0 of 2
STAFF PRESENT
Eric Barron, Senior Planner
Diane Cary, Administrative Technician
Jeremy Cover, Assistant City Attorney (arrived at 7:35 a.m.)
Janice McMillan, Director of Planning and Protective Services (arrived at 7:45 a.m.)
New Business — Public Hearing
Case No. B14002.— 731-739 Stoneridge Parkway; Street Frontage Variance. Application
filed by F&F Development, property owner, for a variance from the requirement that all lots have
frontage on a publicly dedicated street. The purpose of the request is to allow a subdivision of
the property that would create one lot without street frontage. The property is located on the
east side of Stoneridge Parkway 1000 feet south of Missouri Boulevard and is described as Lot
3 of Stoneridge Village Section One, Jefferson City, Missouri (Central Missouri Professional
Services, Consultant).
Mr. Barron explained that the purpose of the request is to subdivide the subject property into
three lots, with Petsmart, Dick's Sporting Goods, and the Small Shops each being on a separate
lot. One of the lots (with the Small Shops) would be landlocked with no property connection to a
street. The zoning code requires that all lots have a connection to a city street, and a variance
from this requirement is being sought in order to accommodate the subdivision plan. Mr. Barron
described that street frontage is necessary in order to ensure that a property has vehicular
access as well as access to necessary utilities. Street frontage is also important in order to
allow for a property to display signage along the street.
Mr. Barron described that the property was platted and developed within the context of a larger
commercial shopping center development and the developer put in place easements and
covenants that allow for vehicular access and utility access between the properties. The
developer has also made use of the signage allowances within the Sign Code to create a
coordinated system of shared signage for the development. Mr. Barron stated that with the
utility/access agreements and shared signage in place, the need for street frontage is reduced.
1
Excerpt of Un-Approved Minutes Page 2
February 11,2014
Mike Bates and Paul Samson, both with Central Missouri Professional Services, 2500 E.
McCarty Street, spoke for F & F Development, the applicant. Mr. Bates presented a visual to
the Board to explain their request. Mr. Bates stated that the only variance that is needed is the
street frontage and that everything else conforms to the building code requirements and
subdivision plat requirements.
Mr. Paul Samson stated that other than the property lines themselves, nothing of the operation-
of the facilities as they exist is expected to change. All five lots were covered in a reciprocal
easement agreement in which they give all parties access to each other's properties for traffic
access, parking & utilities. They all have their separate utility services. Mr. Samson answered
various questions that the Board had.
Mr. Samson explained that Petsmart was built first and there is a small separation (of a few
inches) between their building and the next. Between Small Shops and Dick's Sporting Goods
there is a common wall, which will have a party-wall agreement prior to the recording of the
subdivision plat. Mr. Samson stated that F & F Development would like to sell Petsmart and
Dick's Sporting Goods as individual tracts and retain ownership of the Small Shops area.
No one spoke in opposition to the request.
Mr. Barron gave the staff report, stating that the applicant has submitted evidence that
agreements are in place regarding utility and vehicular access for the property and signage for
the landlocked parcel can be accommodated through the Large Area Commercial Development
shared signage allowances of the Signs Code.
Ms. Young made a motion for approval of the requested variance from the street frontage
requirement and was seconded by Mr. Rimiller. The motion passed 5-0 with the following votes:
Aye: Partee, Young, Hake, Rimiller, Lacy
City of Jefferson Planning & Zoning Commission
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APPLICATION FOR SUBDIVISION PLAT Date Received:
City of Jefferson, Missouri
Department of Community Development- Planning Division
320 East McCarty Street,.Room 120
Jefferson City, Missouri 65101
Phone (573)634-6410 Fax (573) 634-6457
The undersigned hereby petitions the Planning and Zoning Commission and City Council of the City of Jefferson,
Missouri for the following type of subdivision: Preliminary Plat _X_Final Plat
1. Name of Subdivision: Replat of Lot 3 of Stoneridge Village Section One
2. General location: 731 Stoneridge Parkway
3. Existing/Proposed zoning: Currently Zoned C-2
4. Exisfina/Proposed use of the property: Existing-General Retail. Petsmart. Dicks SDortjng Goods
5. Size of the property in acres: 6.66 acres
6. Total number of lots proposed: 3 Lots
7. The following items need to be submitted with the plat drawing, if applicable:
A. Public improvement construction plans are to be submitted to the Engineering Division with a final plat.
Signature of the Division Director, or his/her designee, is needed to certify that plans have been submitted:
(N/A if no plans are required)
Signature Date
B. Description of any variances to the Subdivision Regulations being requested (please note section number
of the regulation below and attach a letter stating justification for the variance(s):
An application to the Board of Adjustments is also being filed. A variance to Section 35-50.C.1 requiring all
lots to have street frontage is being requested for Lot 38.
C. Appropriate application filing fee: $ 140.00 Preliminary Plat-Residenti2l-$209 plus$4 per lot
Preliminary Plat-CommercialIlndustrial-$209 plus $$ per lot
Final Plat-$236 plus $4 per lot
Michael K. Farmer or Elliott E. Farmer, Jr.
F & F Development,L.L.C.
Property Owner Name (type or print) iPppCjr_` ,ergna :e � Date
Paul Samson . PE
Engineer Name.(type or print) Engineer Signature Date
John Brian Rockwell. RLS
Surveyor Name (type or print) Surveyor Signature Date
Contact person for this application:
Name: Paul Samson, PE
Address: 2500 E. McCarty Street, Jefferson City, Mo. 65101
Phone Number. (573) 634-3455
For Staff Use Only
Attachments:
Notes:
APPLICATION FOR SUBDIVISION PLAT Date Received:
City of Jefferson, Missouri
Department of Community Development- Planning Division
320 East McCarty Street, Room 120
Jefferson City, Missouri 65101
Phone (573) 634-6410 Fax(573) 634-6457
The undersigned hereby petitions the Planning and Zoning Commission and City Council of the City of Jefferson,
Missouri for the following type of subdivision: Preliminary Plat _X_ Final Plat
1. Name of Subdivision: Replat of Lot 3 of Stoneridge Village Section One
2. General location: 731 Stoneridge Parkway
3. Existing/Proposed zoning: Currently Zoned C-2
4. Existing/Proposed use of the property: Existing-General Retail, Petsmart, Dicks Sporting Goods.
5. Size of the property in acres: 6.66 acres
6. Total number of lots proposed: 3 Lots
7. The following items need to be submitted with the plat drawing, if applicable:
A. Public improvement construction plans are to be submitted to the Engineering Division with a final plat.
Signature of the Division Director, or his/her designee, is needed to certify that plans have been submitted:
(N/A if no plans are required)
Signature Date
B. Description of any variances to the Subdivision Regulations being requested (please note section number
of the regulation below and attach a letter stating justification for the variance(s):
An application to the Board of Adjustments is also being filed. A variance to Section 35-50.C.1 requiring all
lots to have street frontage is being requested for Lot 3B.
C. Appropriate application fling fee: $ 140.00 Preliminary Plat-Residential-5209 plus $4 per lot
Preliminary Plat-CommerciaVIndustrial-$209 plus S per lot
Final Plat- $236 plus $4 per lot
Michael K. Farmer or Elliott E. Farmer, Jr.
F & F Development, L.L.C.
Property Owner Name (type or print) iP� n S' ture Date
Paul Samson ,PE (iS
Engineer Name (type or print) Engineer Signat r Date '
John Brian Rockwell. RLS
Surveyor Name (type or print) ,/SSdrvVeyor SignatureDate
Contact person for this application:
Name: Paul Samson, PE
Address: 2500 E. McCarty Street, Jefferson City, Mo. 65101
Phone Number: (573) 634-3455
For Staff Use Only
Attachments:
Notes:
CENTRAL MISSOURI PROFESSIONAL SERVICES, INC.
2500 East McCarty Street•Jefferson City, Missouri 65101-4467•(573)634-3455 Engineering•Surveying
FAX(573)634-8898
January 13, 2014
To: Eric Baron, City of Jefferson, Planning Department
From: Paul Samson- PE
RE: Lot 3 of Stoneridge.Villaee_. Section One
Lot Frontage Variance y
The owners of the above referenced property, F & F Development, L.L.C. would like to request a
variance to Section 35-50.C.1 of the City, of Jefferson Zoning Code to allow a lot to be subdivided
which does not have frontage on a dedicated public street.
Location of Request- Lot 3 of Stoneridge Village Section One, 731-739 Stoneridge Parkway.
Current occupants of the buildings are Petsmar-L a vacant retail space, and Dicks Sporting Goods.
Petsmart is in a stand-alone building that is directly adjacent to the vacant retail space, while the vacant
retail space and Dicks Sporting Goods share a common party wall.
Reason for Request- The current property owners wish to have the ability to sell any or all of the
above retail spaces as individual lots. Currently all three spaces are situated on a single lot. Lot 3 only
has frontage on Stoneridge Parkway in two separate locations, therefore one of the proposed lots
cannot have frontage on Stoneridge Parkway.
Layout of Proposed Lots- The layout of the proposed lots has been designed to maximize the value
of each lot not only for the initial sale; but also for subsequent sales. Because Petsmart and Dicks
Sporting Goods are significantly larger than the vacant retail space, those two lots (Lot 3A and Lot 3C)
will receive the frontage on Stoneridge Parkway, while the vacant retail space (Lot 3B) will have no
street frontage.
Each lot contains more than the minimum amount of parking required per city code for the building on
the lot. The utility services for each building are contained within its own lot.
Justification for Variance- While Lot 3B will not have frontage on a dedicated public street,
ingress/egress,-parking and utility access to the lot are provided by way of a Declaration of Reciprocal
Easements, Covenants, and Restrictions, which is of record in the Cole County Recorder's Office.
Article 3 of this document states that all owners of property within Lots 1, 2, 3, 4, and 5 of Stoneridge
Village Section One have ingress/egress, parking and utility easement rights over all other lots.
PLANNING STAFF REPORT
JEFFERSON CITY PLANN[NG AND ZONING CONBUSSION
Februarv13,2014
Case No. P14003 —Replat of Lot 3 of Stoneridge Village Subdi%ision, Section One. Application filed by F&F
Development, property owner, for a replat of Lot 3 of Stoneridee Village Subdivision, Section One, into three
separate lots. The property consists of 6.66 acres, is zoned C-2 General Commercial and is located on the east side
of Stoneridee Parkway 1000 feet south of Missouri Boulevard. (Central Missouri Professional Services, Consultant)
Description of Proposal
Stoneridge Village Section One was originally platted in 2007. At that time, the subdivision was laid out as a retail
shopping center, with driveway connections planned between the lots and agreements in place for cross access and
utility access.
The developer is now proposing to divide lot 3 into three separate tracts in order to divide the building on Lot 3 into
three separate ownerships. Of the three separate tracts proposed by the replat, one tract is proposed as having no
street frontage. Street frontage is required for newly platted lots in both the Subdivision Code and in the Zoning
Code, and variances from both Code requirements are being sought. The Board of Adjustment is the deciding body
for variances from Zoning Code requirements, the Planning and Zoning Commission is the deciding body for
variances from Subdivision Code requirements, so approval from both boards is necessary for the plat to proceed.
Final Plat:
Number of Lots: 3 lots are shown on the plat. The lots are configured so that each of the three business units
(Petsmart, the Small Shoppes, and Dick's Sporting Goods) are on a separate lot. Each lot has a number of parking
spaces on the lot to meet the parking requirement applicable to the building.
Lot Sizes: Lot 3A— 1.61 acres Petsmart
Lot 3B —0.91 acres Small Shoppes(three small vacant retail spaces)
Lot 3C—4.14 acres Dick's Sporting Goods
Streets/Access: Street and driveway access to the shopping center is not proposed to change. The existing
driveways will serve as access to all three properties and a cross access agreement is in place for the shopping
center as a whole. A separate ingress/egress easement is proposed across Lot 3A for Lot 3B in order to provide
additional assurance of street access for this landlocked property.
Subdivision Code Variance Request: Section 33-12.0 of the Subdivision Code requires that all lots have street
frontage. A variance from this Subdivision Code requirement is requested in order to permit Lot 3B to have no
street frontage.
Zoning Code Variance Request: Section 35-50.C.1 of the Zoning Code requires that all lots have frontage on a
street. A request for a variance from this Zoning Code requirement has been submitted to the Board of Adjustment
and is scheduled for a public hearing on February 11, 2013. If the variance request is not approved by the Board of
Adjustment, the plat will be in conflict with the Zoning Code and will be un-approvable by the Planning and Zoning
Commission.
Staff Recommendation
Subject to approval of the variance request before the Board of Adjustment, staff recommends approval of
the requested variance from the Subdivision Code street frontage requirement and approval of the Replat,
subject to any necessary technical corrections.
Form of Motion:
1. Motion for approval of the requested variance from the Subdivision Code requirement that all lots
have street frontage in order to allow Lot 3B to have no street frontage.
2. Motion for approval of the Replat of Lot 3 of Stoneridge Village Section One.
Jefferson City Planning & Zoning Commission Meeting
Engineering Division Staff Report
Thursday, February 13,2014, 5:15pm
Item 7.—Other New Business
Case No. P14003 —Replat of Lot 3, Stoneridge Village Subdivision Section One (1), Stoneridge
Par -way (Zoned C-2, General Commercial)
ENGINEERING STAFF RECONBIENDATION-
Support approval of the final plat subject to technical corrections being addressed on a revised version of
the plat.
Existine Infrastructure
* Infrastructure needed to serve this development exists in the vicinity.
Improvements
* No improvements are necessary as the site is already developed. Each new lot will be served by
existing infrastructure. Sanitary sewer main service will exist upon and for each proposed lot.
Technical Comments
* A few minor technical corrections to the plat remain. These will need to be addressed on a
revised version of the plat.
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