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HomeMy Public PortalAboutORD15406 BILL NO. 2015-13 SPONSORED BY COUNCILMAN /Graham ORDINANCE NO. I�ThOf40 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A SPECIAL EXCEPTION USE PERMIT FOR A SUPERSTORE/BIG BOX RETAIL DEVELOPMENT LOCATED IN THE 3600 BLOCK OF COUNTRY CLUB DRIVE AND THE 3700 BLOCK OF WEST TRUMAN BOULEVARD, INCLUDING THE CAPITAL MALL AND CERTAIN OUTLOTS, BUT EXCLUDING TRACTS OWNED BY JC PENNEY AND DILLARD'S DEPARTMENT STORES; THE PROPERTY IS DESCRIBED AS PART OF THE SOUTH HALF OF SECTION FOUR AND PART OF SECTION NINE, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. WHEREAS, Capital Mall JC LLC, owner/agent of the real estate hereinafter described, having submitted an application for a Special Exception Use Permit for operation of a Superstore/Big Box Retail Development, for the land described as follows: Part of the South Half of Section 4, and part of the Northeast Quarter of the Northwest Quarter and part of the West Half of the Northwest Quarter of the Northeast Quarter of Section 9, all in Township 44 North, Range 12 W, in the City of Jefferson, Cole County, Missouri, more particularly described as follows: BEGINNING at the northeast corner of the West Half of the Northwest Quarter of the Northeast Quarter of said Section 9; thence S4°26'19"E, 760.31 feet to the northerly line of Old U.S. Route No. 50 (now Country Club Drive); thence S78°00'23"W, along the northerly right of way of Country Club Drive, 1413.73 feet to the most easterly corner of the U.S. Highway 50 connection right-of-way described by deed of record in Book 240, page 660, Cole County Recorder's Office; thence, along the northerly line of said connection right-of-way, the following courses: N85°29'44"W, 264.86 feet; thence N49°07'58"W, 230.71 feet; thence N47°05'00'W, 313.86 feet to the easterly line of West Truman Boulevard (formerly known as North Ten Mile Drive); thence N8°34'28"E, along the easterly line of said West Truman Boulevard, 490.41 feet; thence N6°37'21"E, along the easterly line of said West Truman Boulevard, 401.12 feet to the northerly end of the aforesaid connection right-of-way; thence northeasterly on a curve to the right, said curve having a radius of 1300.00 feet, an arc distance of 352.81 feet, (the chord of said curve being N16°48'12"E, 351.73 feet) to a point on the southerly boundary of the property described by deed of record in Book 555, page 698; thence N85°03'03"E, along the said southerly boundary of the property described by deed of record in Book 555, page 698 and along the southerly boundary of El Mercado Development, Section 1, as per plat of record in Plat Book 11, page 402 and along the southerly boundary of those properties described by deeds of record in Book 529, page 947 and in Book 462, page 649, Cole County Recorder's Office, 1425.15 feet; thence N86°11'11"E, along the southerly boundary of said property described in Book 462, page 649 and along the southerly boundary of the property described by deed of record in Book 546, page 150, Cole County Recorder's Office, 692.99 feet to the southeasterly corner of said property described in Book 546, page 150 and said corner being on the westerly boundary of Monticello Acres, Section Nine, as per plat of record in Plat Book 11, page 859, Cole County Recorder's Office; thence S3°59'18"E, along the westerly boundary of Monticello Acres, Section Nine, 700.95 feet to the southwesterly corner thereof, being a point on the south line of said Section 4, Township 44 North, Range 12 West, at the southeasterly corner of the property described by deed of record in Book 629, page 196, Cole County Recorder's Office; thence S86°32'02'VV, along the Section Line, 389.43 feet to the POINT OF BEGINNING. Except that part conveyed to Construction Developers, Inc., an Arkansas corporation, by deed of record in Book 283, page 551, Cole County Records Office. Also Except that part conveyed to J.C. Penny Properties, Inc. , a Delaware corporation, by deed of record in Book 257, page WHEREAS, it appears that the procedures set forth in the zoning code have been complied with, as said property owner/agent submitted to the Planning and Zoning Commission and City Council an application and site plan for a Special Exception Use Permit for the above referenced property. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Special Exception Use Permit application and site plan prepared by Central Missouri Professional Services, on file as Case No. P15001 in the Jefferson City Planning Division is hereby approved for the site described above. Section 2. Land Use. The principal land uses and improvements to the site shall include permitted uses of the C-2 General Commercial zoning district, as depicted in the Special Exception Use Permit Application and on the proposed site plan referenced in Section 1 above. Section 3. The "S Special Development District" established by Section 3 of Ordinance No. 9023, passed by the City Council of the City of Jefferson on September 6, 1977, is incorporated by reference into this Special Exception Use Permit. Section 4. Conditions. Approval of the Special Exception Use Permit shall be subject to the following variations or conditions: 1. Electronic Message Centers to adhere to Chapter 3 (Advertising and Signage). 2. Parking lot separation and parking lot lighting exceptions approved as outlined with the plans referenced herein. Section 5. Construction shall be completed in substantial conformance with the following submitted plans and drawings. Exhibit A—Overall Site Plan Exhibit B— Special Exception Use Permit Site Plan (12 pages) Exhibit C — Landscaping Plan Section 6. This ordinance shall be in full force and effect from and after its passage and approval. Passed: - rif/✓?J I .�J 2,0/D Approved: ()ANLQ iEr 2OI 5 avviLe: _ (ell,: , dv-v, —r-bc,e,„ Presiding Officer - Mayor Carrie Tergin ATTEST:- . ' T ////// APPROVED AS TO FORM: g/l �%lil7 i r ail/lr'1/t'1 c Clerk -].� _ _ CitcCounselor NOTICE OF PUBLIC HEARINGS ON PLANNING AND ZONING MATTERS The City Council of the City of Jefferson, Missouri,will hold a public hearing on the following planning and zoning matters on Monday, June 15, 2015 at 6:00 p.m. in the Council Chamber of the John G. Christy Municipal Building, 320 East McCarty Street, Jefferson City, Missouri. 1. 3600 BLOCK OF COUNTRY CLUB DRIVE AND THE 3700 BLOCK OF WEST TRUMAN BOULEVARD—REZONING FROM C-1 TO C-2. Application to rezone the following described property from C-1 Neighborhood Commercial to C-2 General Commercial: Part of the South Half of Section 4, and part of the Northeast Quarter of the Northwest Quarter and part of the West Half of the Northwest Quarter of the Northeast Quarter of Section 9, all in Township 44 North, Range 12 W, in the City of Jefferson, Cole County, Missouri, more particularly described as follows: From the northeast corner of the West Half of the Northwest Quarter of the Northeast Quarter of said Section 9,Township 44 North, Range 12 West; thence S4°26'19"E, 760.31 feet to the northerly line of Old U.S. Route No. 50 (now Country Club Drive);thence, S78°00'23"W,along the northerly line of said Country Club Drive,243.04 feet to the POINT OF BEGINNING of this description; thence continuing along the northerly line of said Country Club Drive S78°00'23"W, 682.41 feet;thence S12°00'52"E, 100.72 feet to a point on the southerly line of said Country Club Drive said point also being the northeast corner of the property described the deed of record in Book 637, page 462, Cole County Recorder's Office;thence along the boundary of said property described in Book 637, page 462 the following courses: S12°00'52"E, 185.13 feet to the southeast corner thereof; thence N88°24'20"W, 389.72 feet;thence S75°24'00"W, 36.12 feet to the southwest corner thereof; thence NO3°07'58"W , 96.22 feet to the northwest corner thereof, also being a point on the southerly line of said Country Club Drive; thence leaving the boundary of said property described in Book 637, page 462 and continuing NO3°07'58"W, 102.09 feet to a point on the northerly line of said Country Club Drive;thence 578°00'23"W along the northerly line of said Country Club Drive, 104.04 feet to the most easterly corner of the U.S. Highway 50 connection right-of-way described by deed of record in Book 240, page 660, Cole County Recorder's Office; thence, along the northerly and easterly line of said connection right-of-way, the following courses: N85°29'44'W,264.86 feet;thence N49°07'58'W,230.71 feet;thence N47°05'00"W, 313.86 feet to the easterly line of West Truman Boulevard (formerly known as North Ten Mile Drive);thence N8°34'28"E, along the easterly line of said West Truman Boulevard, 490.41 feet; thence N6°37'21"E, along the easterly line of said West Truman Boulevard, 140.07 feet to the southwesterly corner of the property described by deed of record in Book 257, page 521, Cole County Recorder's Office;thence leaving the aforesaid connection right-of-way line, along the boundary of said property described in Book 257, page 521,the following courses: N78°00'23"E, 348.36 feet;thence S11°59'37"E, 152.59 feet;thence N78°00'23"E, 881.67 feet; thence N11°59'37"W, 386.30 feet; thence S78°00'23"W, 712.26 feet; thence southwesterly, on a curve to the left, having a radius of 187.42 feet, an arc distance of 292.69 feet(the chord of said curve being S33°16'05"W, 263.84 feet); thence 578°00'23"W, 314.19 feet to a point on the easterly line of said West Truman Boulevard(the U.S. Highway 50 connection right-of-way described in Book 240, page 660); thence N6°37'21"E, along the easterly line of said West Truman Boulevard, 210.40 feet to the northerly end of the said U.S. Highway 50 connection right-of-way described in Book 240, page 660; thence northeasterly on a curve to the right, said curve having a radius of 1300.00 feet, an arc distance of 352.81 feet, (the chord of said curve being N16°48'12"E, 351.73 feet) to a point on the southerly boundary of the property described by deed of record in Book 555, page 698;thence N85°03'03"E, along the southerly boundary of the property described by deed of record in Book 555, page 698, along the southerly boundary of El Mercado Development, Section 1, as per plat of record in Plat Book 11, page 402 and along the southerly boundary of those properties described by deeds of record in Book 529, page 947 and in Book 462, page 649, Cole County Recorder's Office, 1425.15 feet; thence continuing along the southerly boundary of said property described in Book 462, page 649, N86°11'11"E, 15.35 feet;thence S11°59'37"E, 705.33 feet to a point on the south line of said Section 4, Township 44 North, Range 12 West' thence along the South Section Line S86°19'00"W, 156.64 feet;thence S11°59'37"E, 803.81 feet to the northerly line of Country Club Drive and the POINT OF BEGINNING. Except that part conveyed to Construction Developers, Inc., an Arkansas corporation, by deed of record in Book 283, page 551, Cole County Recorder's Office. Containing, in all, 43 acres, more or less. 2. 3600 BLOCK OF COUNTRY CLUB DRIVE AND THE 3700 BLOCK OF WEST TRUMAN BOULEVARD—SPECIAL EXCEPTION USE PERMIT FOR A BIG BOX RETAIL BUILDING.A Special Exception Use Permit application has been submitted for a Superstore/Big Box Retail Development on property described as: Part of the South Half of Section 4, and part of the Northeast Quarter of the Northwest Quarter and part of the West Half of the Northwest Quarter of the Northeast Quarter of Section 9, all in Township 44 North, Range 12 W, in the City of Jefferson, Cole County, Missouri, more particularly described as follows: BEGINNING at the northeast corner of the West Half of the Northwest Quarter of the Northeast Quarter of said Section 9;thence S4°26'19"E, 760.31 feet to the northerly line of Old U.S. Route No. 50 (now Country Club Drive); thence S78°00'23"W, along the northerly right of way of Country Club Drive, 1413.73 feet to the most easterly corner of the U.S. Highway 50 connection right-of-way described by deed of record in Book 240, page 660, Cole County Recorder's Office; thence, along the northerly line of said connection right-of-way, the following courses: N85°29'44"W, 264.86 feet; thence N49°07'58"W, 230.71 feet; thence N47°05'00"W, 313.86 feet to the easterly line of West Truman Boulevard (formerly known as North Ten Mile Drive); thence N8°34'28"E, along the easterly line of said West Truman Boulevard,490.41 feet; thence N6°37'21"E, along the easterly line of said West Truman Boulevard, 401.12 feet to the northerly end of the aforesaid connection right-of-way; thence northeasterly on a curve to the right, said curve having a radius of 1300.00 feet, an arc distance of 352.81 feet, (the chord of said curve being N16°48'12"E, 351.73 feet) to a point on the southerly boundary of the property described by deed of record in Book 555, page 698; thence N85°03'03"E, along the said southerly boundary of the property described by deed of record in Book 555, page 698 and along the southerly boundary of El Mercado Development, Section 1, as per plat of record in Plat Book 11, page 402 and along the southerly boundary of those properties described by deeds of record in Book 529, page 947 and in Book 462, page 649, Cole County Recorder's Office, 1425.15 feet;thence N86°11'11"E, along the southerly boundary of said property described in Book 462, page 649 and along the southerly boundary of the property described by deed of record in Book 546, page 150, Cole County Recorder's Office, 692.99 feet to the southeasterly corner of said property described in Book 546, page 150 and said corner being on the westerly boundary of Monticello Acres, Section Nine, as per plat of record in Plat Book 11, page 859, Cole County Recorder's Office; thence S3°5911 FE, along the westerly boundary of Monticello Acres, Section Nine, 700.95 feet to the southwesterly corner thereof, being a point on the south line of said Section 4, Township 44 North, Range 12 West,at the southeasterly corner of the property described by deed of record in Book 629, page 196, Cole County Recorder's Office; thence S86°32'02"W, along the Section Line, 389.43 feet to the POINT OF BEGINNING. Except that part conveyed to Construction Developers, Inc., an Arkansas corporation, by deed of record in Book 283, page 551,Cole County Records Office.Also Except that part conveyed to J.C. Penny Properties, Inc. , a Delaware corporation, by deed of record in Book 257, page 521, Cole County Recorders Office. Containing 54.8 acres, more or less. Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Please call (573) 634-6410 with questions regarding these matters. Phyllis Powell, City Clerk, City of Jefferson, Missouri P.T. - Friday, May 29, 2015 For contact information only. Department of Planning and Protective Services/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 Table of Contents Capital Mall Rezoning and Special Exception Permit Page 1. Council Bill and Bill Summary – Rezoning 2. Council Bill and Bill Summary – Special Exception Permit 3. Revised SE Permit Narrative (changes to original plan) 1 4. Memo regarding removal of JC Penney and Dillard’s tracts from proposals 3 5. Attached Documents to SE Permit Bill a. Exhibit A – Overall Site Plan 7 b. Exhibit B – Special Exception Use Permit Site Plan Title Sheet 8 Overall Site Plan 9 Enlarged Site Plans 10 Entrance Improvements 17 Signage Plan (Revised After P&Z) 18 Lighting Plan 19 c. Exhibit C – Landscaping Plan (1 page) 20 A more detailed 9 page landscaping plan is on file with the Planning Division 6. Preliminary Plat 21 7. Location and Vicinity Maps 22 8. Rezoning Application 24 9. Special Exception Use (Big Box Retail) Permit Application 26 10. Special Exception Property Visual 28 11. Bufferyard Description and Visual (prepared by Staff) 29 12. C-1 vs. C-2 zoning differences (prepared by Staff) 31 13. Public Correspondence 33 14. Correspondence between Planning Division Staff and JCPenney/Dillards (up to 1-14-15) 82 15. Notice to parties regarding removal of JC Penney and Dillard’s from requests (5-6-15) 96 16. Notice Letters, Buffer Map, and Address List for notices 99 17. Planning Division Staff Report 107 18. Public Works Staff Report 111 19. Excerpt of Approved Minutes – January 15, 2015 113 CAPITAL MALL REVISED SPECIAL EXCEPTION PERMIT PLAN CMPS JOB NO. 73-238 February 6, 2015 As a result of discussions with existing mall tenants, city staff, and meeting with adjacent property owners, the following changes have been made to the Special Exception Use Permit plan that was submitted prior to the Planning and Zoning Commission meeting on January 15, 2015. Rezoning: Due to concerns expressed by adjacent residential property owners, the request to rezone the vacant lot south of Country Club Drive was withdrawn. The request to rezone this tract of land was withdrawn at the Planning and Zoning Commission meeting. Existing Buffer Areas: Due to concerns expressed by adjacent residential property owners, all proposed modifications to the existing Buffer Areas on the East side of the mall property have been withdrawn. This change was stated at the Planning and Zoning Commission meeting. The site plan has been modified to reflect the current allowed buffer area uses. Roundabout on Country Club Dr.: Due to concerns expressed by adjacent residential property owners, a proposed roundabout located on Country Club Drive has been removed. The existing island will remain as is. This change was stated at the Planning and Zoning Commission meeting. Signing: Due to requirements imposed by existing leases and MoDOT, and consideration given to the critical importance of having adequate signage available to attract future tenants to the property, the following changes have been made to the sign plan. Pylon Sign #1 (Hwy 50); • The location of Pylon Sign #1 has been specified to be on the Hardee's tract. Hardee's has verbally committed to this location. • The height of the sign box has been reduced to 30 feet, and the Electronic Message Center has been removed to comply with MoDOT requirements. • Anchor Panel size has increased to 80 sf. • Total sign area has increased from 530 sf to 550 sf. • The architecture of the sign has been modified in order to accommodate the above changes. 1 Pylon Sign #2 (W. Truman Blvd. at Mall Entrance signal) • The location of Pylon Sign #2 has been specified to replace the existing "Capital Mall/Hyvee " sign • Anchor Panel size has increased to 80 sf. Hyvee has been added to the pylon to eliminate a previously proposed 200 sf freestanding sign. • Total sign area has increased from 450 sf to 562 sf. • The architecture of the sign has been modified in order to accommodate the increased size. Future Pylon Sign #3 (W. Truman Blvd. between Mall Entrance and Country Club Dr.) • Pylon Sign #3 has been added to provide the ability in the future to adequately represent prospective tenants. • The exact location of Pylon Sign #3 will be determined at the time of construction. • If Pylon Sign #3 is constructed, the existing "Capital 8" sign will be removed. • The design and height of Pylon Sign #3 would be similar to the revised Pylon Sign #2. 2 Department of Planning and Protective Services Memorandum 320 East McCarty Street • Jefferson City, Missouri 65101 • P: 573.634.6410 • F: 573.634.6457 • www.jeffcitymo.org Date: May 6, 2015 To: Mayor Carrie Tergin and City Council Planning and Zoning Commission City Administrator Steve Crowell and Department Directors From: Janice McMillan, AICP, Director j"" Subject: Capital Mall Rezoning and Special Exception Use Permit Proposal --Excluding Dillard's and JC Penney Parcels Farmer Holding Company, Inc., owner/agent of Capital Mall JC, LLC has requested the special exception use permit for Capital Mall move forward to the City Council, with the exclusion of the JC Penney and Dillard's department store parcels. The parcels owned by JC Penney and Dillard's have been removed from the Council bill proposing the special exception permit for a big box (greater than 100,000 sf) retail use. Planning division staff have also withdrawn the staff -initiated proposal to rezone the JC Penney and Dillard's properties from C-1 Neighborhood Commercial to C-2 General Commercial. Notices to this effect will be mailed to neighbors, JC Penney, Dillard's and other interested parties on May 7. Bills reflecting the revised Rezoning and Special Exception Use Permit will be introduced at the City Council meeting on June 1, with public hearings on June 15. The Dillard's and JC Penney properties were originally included in both proposals in order to bring the entirety of the Capital Mall into conformity with the City's zoning code. The Capital Mall has been zoned C-1 Neighborhood Commercial since its original construction in the 1970's, and subsequent amendments to the zoning code (especially the code rewrite in 2002) have resulted in the Capital Mall becoming a non -conforming (grandfathered) use. The C-1 zoning is also inadequate for a high traffic/high volume retail use. Removal of the two properties from the proposal comes after much correspondence between the mall owner, legal representatives of Dillard's, and City staff. While there will likely not be any immediate effect on store operations because of contractual agreements between the mall owner and the two corporations, there may be an effect upon future real estate transactions involving JC Penney and Dillard's, due to their non -conforming zoning status. Rezoning the properties from C-1 to C-2 could be initiated by the respective corporations at any time to resolve the non- conforming status. The upgrade of parking lot landscaping across the entire Capital Mall property (including the portions located on JC Penney and Dillard's properties) by the Capital Mall owner will be unaffected and will proceed as planned, due to prior contractual agreements. Inclusion in the special exception permit is not necessary to proceed with the parking lot upgrade. Please see the letter from Rob Kingsbury, attached. If you have any questions, please let me know. CAPITAL MALL SHOPPING CENTER May 1, 2015 via U.S. Mail Drew W. Hilpert City Counselor 320 E. McCarty Jefferson City, MO 65101 Rob Kingsbury 575.615.2255 rk i n esbury(W fnrmercomnanics.com Re: Application for Special Exception Use dated November 13, 2014 ("SEU Application") for 3600 County Club Drive Dear Mr. Hilpert: The undersigned, on behalf of the Capital Mall entities controlled by Farmer Holding Company, Inc., hereby requests an amendment to the SEU Application to (a) remove from the SEU Application and any past or present rezoning or related ordinances or actions currently pending with the City of Jefferson City, Missouri ("City") the property legally described on Exhibit A attached hereto, being the property owned by Dillard Department Stores, Inc, ("Dillard's Property") and the property legally described on Exhibit B attached hereto, being the property owned by J. C. Penney Properties, Inc. ("JCP Property'); and (b) remove the undersigned's authorization of the SEU Application on behalf of the Dillard's Property and JCP Property. Please let me know if you need anything further in this regard. Sincerely, Rob Kingsbury, as authorized agent for the Farmer Holding Company, Inc. M Janice McMillan, AICP Eric Barron Brandon Barnett Chris Johnson Kimberly G. Brown Patricia R. Jensen EXHIBIT Dillard's Legal Description From the northeast corner of the West Half of the Northwest Quarter of the Northeast Quarter of Section 9, Township 44 North, Range 12 West, in the City of Jefferson, County of Cale Missouri; thence S 040 26' 19" E, 760.31 feet to the northerly line of Country Club Drive; thence S 78° 00' 23" W, along the northerly line of Country Club Drive, 88.04 feet to the point of beginning for this description; thence continuing S 780 00' 2,3" W, along the northerly line of Country Club Drive, 96.00 feet; thence N 110 59' 37" W, 210.00 feet; then S 78100' 23" W, 314.00 feet; thence S 110 59' 37" E, 210.00 feet to the northerly line of Country Club Drive; thence 5 780 00' 23" W, along the northerly drive of Country Club Drive, 28.10 feet; thence N 110 57' 11" W, 500.37 feet to a point 56 feet 5 inches east of the easterly face of the existing Capital Mall Building; thence continuing N 110 57' 11" W, 56 feet 5 Inches easterly of and parallel to the easterly face of the existing Capital Mall Building 286.38 feet; thence S 780 02' 49" W, 46.00 feet to a point 5 feet north and 10 feet 5 Inches east of the northeast corner of the Capital Mall Building; thence N 110 57' 11" W, 168.47 feet to a point on the south line of the J.C. Penney Parcel as described in Book 257, Page 521, Cole County Recorder's Office; thence N 780 00' 23" E, along the south line of the J.C. Penney Parcel, 31.09 feet to the southeast corner thereof; thence N 110 59' 37" W, along the east line of the J.C. Penney Parcel and the northerly extension thereof, 588.89 feet; thence N 85010' 33" E, 223.87 feet to the Quarter Section Line; thence S 04005' 56" E , along the Quarter Section Line, 358.86 feet; thence S 480 21' 11" E, 471.46 feet to the north line of said Section 9, thence S 110 59' 37" E, 781.17 feet to the point of beginning. Containing in all, 10.82 acres. EXHIBIT B J. C. Penney legal description Part of the South half of Section 4, Township 44 North, Range 12 West, and a part of the Northeast quarter of the Northwest quarter of Section 9, Township 44 north, Range 12 West, in the County of Cole, Missouri, and being more particularly described as follows: From the NE corner of the W half of the NW quarter of the NE quarter of said Section 9; thence S 86019' 00" West, along the Section line, 190.00 feet; thence S 110 59' 37" E, 571.17 feet; thence S 780 00' 23" W, 410.00 feet, thence S 110 59' 37" E, 210 feet to the north line of Country Club Drive (old U.S. Route 50); thence S 78000' 23" W, along the north line of said Country Club Drive, 915,69 feet; thence N 850 29'44" W, 264.86 feet; thence N 490 07' 58" W, 230.71 feet; thence N 470 05' 00" W, 313.86 feet to the east line of north Ten Mlle Drive; thence along the east line of said North Ten Mlle Drive on the following courses and distances, N 080 34' 28" E, 490.41 feet, N 060 37' 21" E, 140.07 feet to the point of beginning for this description; thence leaving the east line of said North Ten Mile Drive, N 780 00' 23" E, 348.36 feet; thence S 110 59' 37" E, 152.59 feet; thence N 780 00' 23" E, 881.67 feet; thence N 110 59' 37" W, 386.30 feet; thence S 780 00' 23" W, 712,26 feet; thence southwesterly, on a curve to the left, having a radius of 187.42 feet, a distance of 292.69 feet; thence S 780 00' 23" W, 314.19 feet to the east line of North Ten Mlle Drive; thence S 060 37'21" W, along the east line of said North Ten Mile Drive 50.65 feet to the point of beginning. 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IM v.a of N00 C b im[ed to — W?l (AED 50' PIIO!1 - M.pape svcu (Ni[ruur[ toc.ncrf) Hw p- b a 60' Irbl IVP n>t d vA pocIN� IP Aw E W. d R�iESp SEE 5'G3 I'll:r r b [mx.d b Mdek p>6M• UThliq Ythin Arw D b ebe _ a C ded� t.�b b Cop'Yal 4N NODb• w dnMSI b Ih olow I .., a' !'�yt `}• EB.I U.9.q�E30 —_ - � � ' c lal DRebprnW WOM•.. n.�r>_qi ^ - - 7 I)1 .or EP� on •'i rxx Exhibit A Capital Mall Special Exception Use Permit E r_ a ,n9 I 73.238 PAS. P.\S. xc - r. 100' OVERALL SITE PLAN 2RI M.TrtyH CNIINIWIAC.I•lls. ••m.ral � - I 1 PRMS C 11/12/11 I i 1 jS For • s fM'N WltJC4LL0. I a F).sKEue ( 60 )Jo. &d.j-feel) ) S(r' / ff � 2421A: 0UIl0T « _ ��//////////f / -\�\'\ - Jyp / � -� �`�• � 0 9��� _ 4HHNHIfNlllffflflffl�0 � • ' . � r. ._�Y�`' - N Nd'e�-Sx .. > / aYR [CgtU � 41 - NMI wrtN.Pumtuc( 43-1 ` x + 2393 AC mru].mr m N Yrw J1� AWS —M aeM D l i WS" 2. MW / _ • r 1 - ns STOP ( r jGl ;1 I�I 1 1 1 r I •- r Ir'`Il]�r 1 1 .�1. 1 -'I ✓ v `\ a xczw-[ v I ! ✓!l(i 1 11\1 '1 1 I i1 '1 r tillr.:.an to 11.13 IG IXIIILi I 1 % .•: l0T 11 . i V �• / l s W 2Il2 �, LOT e ( '• ` 11 rr - ! / X11 : ,:. 11 i \ ((J1��-I�}F I�lo�T71 0.➢]AC 1.61 .5IIID off 1 / "' „—_�j- �'�1 lo"A`� i 11111ItIIJJllllll,1111111.111 SIJ Illllllll IIIIL s'•"sl�oiwuc II ---- u,. PY ro run Irom Tn• wi9i.ol copdN YN1 b.N.pMN nlewned Cy ( .'•• s' SNEWNR c' .. `cw`i.c. COUNiR�V,OMUB DRiVE.. '.. .. ----------------- b IMO SDII. DP 99x3) G •$CtMi DtVNOPIaMII( [ifl/Ll• 4bP1 P wr1'M ..>` , -�tanN C. 1 1 • PnW 'i • kn•t r•-• -.- ....-. '�_'�: ur .. 9 to a r .> a br b uY odp.•N wbb. lor•. ' M.Med. Sprcbl Drv'bpvaml D'u'ri.l• •o frcN.V (fm otl Imrwu Ne INmAy oI prmtlw a•vdogreM. A, .\ 4 u I I M Ydim duapliP d lu ono. h n felon: Aw [ Afw.d W t,v. no>l .. rYb1 b NdU I— B!' M. b 190' al ua Id.M exlembn of Uw Nobta lone- LaMM Men A Y IINtl If et P •..14T1t> ane' .hta>Ly M !<a•d C i'< 'lam MPI p 8 alel M •up nn N PW W." to Mw k Aw D b pxows[o w pnoU -.M ^ 4n I � I 1.75 M� •d b e. P 1enAeeN iNMl SON IFREfOip[0 LOCAWN d e _ - xc s�1GG.1 PIAT- HmNr aM paaNl Ie /aea fl V.. el µ'a<a�y� fee V. YO) 30 lro�i Stan I D b W.d le w i¢✓Mf :aNn eed «n:11 Capld ua. N.a c b e 25• .kn .1,;pw>I d oM W.M to Mw G U.. el D b i 1.4 le nM1kb pl". Uf tiq w Nm D 'n o1P - VSi �_ V.VLJC.6.LLG .led ie 1Ne. d wl men 1M0 25' K h. Alw-E b P 60' .W. Wp W.tw ebg lM •eN•m •d d 0 — `� — p• n� •4' .darn>w 3313 <owAry CFA d. IM v.a of N00 C b im[ed to — W?l (AED 50' PIIO!1 - M.pape svcu (Ni[ruur[ toc.ncrf) Hw p- b a 60' Irbl IVP n>t d vA pocIN� IP Aw E W. d R�iESp SEE 5'G3 I'll:r r b [mx.d b Mdek p>6M• UThliq Ythin Arw D b ebe _ a C ded� t.�b b Cop'Yal 4N NODb• w dnMSI b Ih olow I .., a' !'�yt `}• EB.I U.9.q�E30 —_ - � � ' c lal DRebprnW WOM•.. n.�r>_qi ^ - - 7 I)1 .or EP� on •'i rxx Exhibit A Capital Mall Special Exception Use Permit E r_ a ,n9 I 73.238 PAS. P.\S. xc - r. 100' OVERALL SITE PLAN SPECIAL EXCEPTION USE PROPERTY BOUNDARY DESCRIPTION a✓e SMA 14wa SM'm 4.. W a✓e WNwI (fdla a Ne Meet QMer aM pre a 4u Ife.l W a W MMAeeel Q t, a W wetAwsw a Leon 9, el N TwWfp 44 WNy Renee 12 W. in t),* C.el a r Ce'. C. *. Iraewn men p«rc as.I fabs K(i*`WC1 at w nMAwel [a.« of u. WesttIM a uM .." Q ., IM Ma1Mmt ()w,%v a w4 Sut"m 9: iowat 5f2e'19'F. 7W31 feet to Ne v.rH IM a Qa u.x Rea. w. m C. C -k, p . W-), tierce 6W'231, a" U..a✓.rH fq•A a .% a fa aey oW Pim, 1413.73 loot W P awe welxb oarnr a V us. 1fgMry W .wvy fqM-a-eq aoefM MN a ,wase 'n &a 24a eq. M. We Co.riy Reader. «r ; We l M IM a.HMrN W a w< mvxte fMt-a-r%. u. fear, [-.. v29i4v, 264..6 fest, IMrc. 1449W'b^R. 230.71 fee: IMrs. WW'Wv. 366 feet W tM witty f a seat Truro+ Bela d (Iwmry Iran as NxW 11M W.Y. IMr[. ofti'L st" IM wrtwy En. a said ..of T.✓ao:a 490.41 fest: IM«. R6'37 -21i. >erq IH w.IMI W a .a0 rest nron BWewa, 401.12 IM to Ws .MMII x-0 a W aawa! mncl[n W- rorleaesWy M e fes to ua r said nus. KKp e 5a of 1]00 W feet, M wo 6... of 35221 lee, C. fNra a w< tvm N RI6.4e'IZE. 351.73 foot) lea p M ✓w M w. set 6elry a IM qMl de.n W food a rwad'n Baas 555. " 696: uvrcs MSW'W'E. N 1M wC .aNMry 6 n4wy a IM prase, def. 2 to deed of reroN 'n Is 555. pep.'" me" uM owes, aanaary of D Rwrma oerewpmen, tt' 1, as pas pbl of rttard N fiat 4N 11. "402 aW K W .eWMI Nvp a Cas. popM1i. down, of d.Nt a rneN . &rok 522, " 947 N Bae. 462, pope 449. C C"Ay Roca«is office. 1.25.15 fes:' .. 611'11'E. too, 1N wANM b aMba a say pope, . in 6x5 462. 90 a9 aM se, IM wa-ff, bvAay a 1M pepen7 aortas I, am a '.sad It &a 546, w9. 150. CeM Cary F -see. ur e, 692" feel to . AMeaeM fast, a sad Mo«rb ds 2 F Bo A, 546, pp 150 o -d said n, loop m tM w.IMI ba.,Ao7 of RaA<eb be.. S.aEm 144., w pas &I awrd i. Pal Beet I1. pop. M. CW taMl Fxada'o p(ta. W.rce '59"15% eWq tM ...WV %uaary as Wn4cfm /<rn. Sa We, 700.95 iI to W. sMA.wfuy f.. 1 W. b a pi" on u. soM W of sold aW 4. Tw,efop 44 14 r Rog. 12 Wool. a W. sM Ione fan, a IM peM aurde. 1, aM a ,x 2r &a on, pea 196. C 0-* Roc«al. <e. Wmf 566'32`02V, afxq the sealkm l , N9.43 fol to w Po W :epi Wet pas cMrtttd to CavV«t:en B fora i. W., m AM1anw. oapra'al ae" of ,cad In 13ae2 283. pate Mi. Cob Canty Reload. are.. "e Eu.0 M pM t."Id W J.C. Parry Prepvlb., Ne.. a Ceoware rpxa0erl by loeco w a rn b B 257. pot. Ca. 521. C t, Reoardae SPECIAL EXCEPTION USE PERMIT SITE PLAN CAPITAL MALL SITE IMPROVEMENTS JEFFERSON CITY, MO 74.18 ACRES CURRENT ZONING: C-1 & PUD PROPOSED ZONING: C-2 & PUD aq - wP,aei u oemopmax .noxa q amara (Ora. Ib. 9023) a Spttkl DerekpmeM kiVM' oby a Parka` of Ute east properly fns ae a WW to U,e ol*,ae H. La. Ulol. f�omroal to re,iQelc wua 0ie �n1<ro:rylolcmekle of toter areas pfrN11e0 draebpmenl. A beef aurgl;en or w o,ew Is as teen.%: Ates A We eastern moet area, .41A from 68' at Country C1o6 Or, to 190' a1 UM W 1, e.IMe'An of OM Hob% Lone M.9A6IXMVJ. MM A if Merfea to o. to *.Nsrrwii .. eMreq M Von rml b r... Mw B. is a 50Tisa e✓q ..It a and prof.1 to It. A ares 8 it ,.fern" to as a 'wraxep buffer. gas C 6 a b' rAe Mry ..of of orrd po Yet to pea B. Us. of Area C is limited to an inlerwl SaWge few esN✓g Caplin Y L Ar. D. is a 75' ride strip tint of . rale, to Nea G Us. of NM D b V :lea l0 volwle Pw". Llgn0rg triNiel NM D b low rwtfictea to pate of not mere eMn 25' NgA. Nea E Is a 50' !4a atop keaed o" Uro easlem .,,as or t,,e aau gaped, o,eed 3515 C Ify CtA 1k. TM we of Nea E is (anew to 0 17rraecnpe lana'. !ten F Is a 50' bide etre ..of of ora p-o4l to Nea Luse of kw r k b ed to Isokk pw92q. Llgnt2q within kw D is else restMted to pots, of wt mat anon 25' N,1 Nm E aM Mw F we outiae of lM 'Specie EscepUw Permit Mea' al are 9x1,aed M. fes ref ... «e. TIa 4rp.ovemen1s to Copes LIGE propose w ehr , to IAe obore Y .W O.nbpmea N oddtitoo, a TM 8 BAfef Ywd tim b proJ4ea oklp street ✓Maga .Mre Wen ora Mee.,tir, w praposaa a ;ste. {LOODPIAa WFORLl11KIN: 1Tl properly is Wait. Ih." T" ZONE X. outeA IM 800 ye« Imaap'ah a% per %10.11 NaP ,6unbr 2905100109E effea2n Nmemtser W. 2012. WAO916 NOTE E Mag mop WW, if a iNe elwy sines. ./ .,WW Nat w3e. LIP(. Mgnl 01 Wistin, 6alarq to, 40'-9'. Eaet'ap plot% Ib« area a 557.760 of. G4tk0 k«oyk wee is 454.645 %1. E3V#i, oadot=a IOle.y 9.400 %1 we correnW p�p ". TM lo,. n of W2G..y e.pn . moy b cMyed vr; A 1MMr leq.e'elire apPr.L pL00R IRFA MTKI r0 WN %) Ua0r : 671.143 %1/74.16 w = 0.21 Proposca: 724.303 et/74.18 W = 0.22 so ' W� Prap%ea e:9M9e: 50' Pybn 8'qn aapcenl la K h.q W 36' Pylon S"9n adpoent to Try 86M. 2-50 Sp 'Coptal Lia' sgM ajacent to Caualy LTuy q. 200 of lyre freestas#nq .9n to e,'1 to Trvmon BY.a. 1300 SF witbral 6u2aeq mounted r:9m9e. Le vgnN PIa1 1« IX6t:orwl detab. PNkl(M 107 IN9HIY.G PaM1pq 6gn1 rgnln9 s),al 6MIwm to tM requiemenla of UM Zoaa, Coe. elo.2man fight Pok Wght-40'. Ilasil.rm oreraa &am9 00-3.0 ic. .M too See ;,Mi q Plan alas oofaatroHrwei dolools a oreroge Aummotion=s.o fs. PA m LOT IINCSGPF.C: Lwaxope Rgd'.y %Ml Proride o ret l um of 35x aAaded orM a regire" M <ode. Le lwaxopnq Pbn fes adGUorlol atolls. X415: QAat. eMtin w DM SW- Este Ai Pkn sloe f e &,,toped arq to ..IINN nquw<menl% aM pocesus,ittokx , adrvievolHe ext plan revie. B WRalw. T.. PW Zowd MA a p sed Lot 6 OM La 7 b .u6}ecl to MWreilrzOws. De iao,nent w Ue emoMer of IM bl sME oaos,. to arms zonrPpllD U.meae oM �Preerqq«tiue for�denslop t eloassl oroo,,wM Let 86 LopJan 14. t 7 "d ambpad n xmrdwroce .iu tM DWlar r .V[tkra. E INDEX TO SHEETS: 1 Title Sheet PROJECT Overall Site Plan AREA Enlarged Site Plans 10 Entrance Improvement mz Building Elevations 11 Signing Plan 12 Lighting Plan - SC9AE: P-15 W' BMKM SME 1A8!MX 4 Le PaWo,, TO ,olbn of, SMet 2. aq - wP,aei u oemopmax .noxa q amara (Ora. Ib. 9023) a Spttkl DerekpmeM kiVM' oby a Parka` of Ute east properly fns ae a WW to U,e ol*,ae H. La. Ulol. f�omroal to re,iQelc wua 0ie �n1<ro:rylolcmekle of toter areas pfrN11e0 draebpmenl. A beef aurgl;en or w o,ew Is as teen.%: Ates A We eastern moet area, .41A from 68' at Country C1o6 Or, to 190' a1 UM W 1, e.IMe'An of OM Hob% Lone M.9A6IXMVJ. MM A if Merfea to o. to *.Nsrrwii .. eMreq M Von rml b r... Mw B. is a 50Tisa e✓q ..It a and prof.1 to It. A ares 8 it ,.fern" to as a 'wraxep buffer. gas C 6 a b' rAe Mry ..of of orrd po Yet to pea B. Us. of Area C is limited to an inlerwl SaWge few esN✓g Caplin Y L Ar. D. is a 75' ride strip tint of . rale, to Nea G Us. of NM D b V :lea l0 volwle Pw". Llgn0rg triNiel NM D b low rwtfictea to pate of not mere eMn 25' NgA. Nea E Is a 50' !4a atop keaed o" Uro easlem .,,as or t,,e aau gaped, o,eed 3515 C Ify CtA 1k. TM we of Nea E is (anew to 0 17rraecnpe lana'. !ten F Is a 50' bide etre ..of of ora p-o4l to Nea Luse of kw r k b ed to Isokk pw92q. Llgnt2q within kw D is else restMted to pots, of wt mat anon 25' N,1 Nm E aM Mw F we outiae of lM 'Specie EscepUw Permit Mea' al are 9x1,aed M. fes ref ... «e. TIa 4rp.ovemen1s to Copes LIGE propose w ehr , to IAe obore Y .W O.nbpmea N oddtitoo, a TM 8 BAfef Ywd tim b proJ4ea oklp street ✓Maga .Mre Wen ora Mee.,tir, w praposaa a ;ste. {LOODPIAa WFORLl11KIN: 1Tl properly is Wait. Ih." T" ZONE X. outeA IM 800 ye« Imaap'ah a% per %10.11 NaP ,6unbr 2905100109E effea2n Nmemtser W. 2012. WAO916 NOTE E Mag mop WW, if a iNe elwy sines. ./ .,WW Nat w3e. LIP(. Mgnl 01 Wistin, 6alarq to, 40'-9'. Eaet'ap plot% Ib« area a 557.760 of. G4tk0 k«oyk wee is 454.645 %1. E3V#i, oadot=a IOle.y 9.400 %1 we correnW p�p ". TM lo,. n of W2G..y e.pn . moy b cMyed vr; A 1MMr leq.e'elire apPr.L pL00R IRFA MTKI r0 WN %) Ua0r : 671.143 %1/74.16 w = 0.21 Proposca: 724.303 et/74.18 W = 0.22 so ' W� Prap%ea e:9M9e: 50' Pybn 8'qn aapcenl la K h.q W 36' Pylon S"9n adpoent to Try 86M. 2-50 Sp 'Coptal Lia' sgM ajacent to Caualy LTuy q. 200 of lyre freestas#nq .9n to e,'1 to Trvmon BY.a. 1300 SF witbral 6u2aeq mounted r:9m9e. Le vgnN PIa1 1« IX6t:orwl detab. PNkl(M 107 IN9HIY.G PaM1pq 6gn1 rgnln9 s),al 6MIwm to tM requiemenla of UM Zoaa, Coe. elo.2man fight Pok Wght-40'. Ilasil.rm oreraa &am9 00-3.0 ic. .M too See ;,Mi q Plan alas oofaatroHrwei dolools a oreroge Aummotion=s.o fs. PA m LOT IINCSGPF.C: Lwaxope Rgd'.y %Ml Proride o ret l um of 35x aAaded orM a regire" M <ode. Le lwaxopnq Pbn fes adGUorlol atolls. X415: QAat. eMtin w DM SW- Este Ai Pkn sloe f e &,,toped arq to ..IINN nquw<menl% aM pocesus,ittokx , adrvievolHe ext plan revie. B WRalw. T.. PW Zowd MA a p sed Lot 6 OM La 7 b .u6}ecl to MWreilrzOws. De iao,nent w Ue emoMer of IM bl sME oaos,. to arms zonrPpllD U.meae oM �Preerqq«tiue for�denslop t eloassl oroo,,wM Let 86 LopJan 14. t 7 "d ambpad n xmrdwroce .iu tM DWlar r .V[tkra. E INDEX TO SHEETS: 1 Title Sheet 2 Overall Site Plan 3-9 Enlarged Site Plans 10 Entrance Improvement mz Building Elevations 11 Signing Plan 12 Lighting Plan 1-1-1-9 Landscaping Plan S10RYr/AIFR gYLrtY 1VPRU516NI6 0. 11. 01 kMfcopip Obrwe oil ,.Cute IM ilaPelV'aae saw w IM %:te q oppro.9Mley 1.2 as . EsbM9 abaian 6asTn r21 b cleaned ea le rem«. esata re9elolkn ✓ew ora ✓Dirt Requ'w mxgq aM 'nl<w«oof alm0an 6eYM era tram rembnI Iran Ua It. r8 b oECeU to LM ioop a IM bMKUpe mOM.. p0 .. Exhibit B Capital Mall Special Exception Use Permit (12 pages) 11/12/14 a WS Joe No. 73238 P.LS. P.LS. x AlE SHEET 11nE TITLE SHEET SHEET HWBEH 1 z U U J W J mz W 0 UOU Q O °C CLM .i o �U J 0U c Q F 1-- M 0 U W ¢ Mo H U ;^ v' W LL W 7 WS Joe No. 73238 P.LS. P.LS. x AlE SHEET 11nE TITLE SHEET SHEET HWBEH 1 W. rew.w T VeY.6aa. _ w2zows OR GY' r :^-I•N,..lr a`.� I ]- )b.:.n"'' ' ► '►�---% q.q,•,,i„ , yb ., ::: -d - I --,..-4e•oJt' .... E)r. r.EF ,1 I eA1L w.'t ... "A o $exe bNt A„ /"�__ EK 41 .:... 11li3 L �` fl A -- mm34n 4 riii{:,�t� s _ — _ RpiNY ON ah»e ', ..::, r A'.x w.' ,1. 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M. a.OSsw.. 70.0m) B �..... ;; } y scut: t•= JO' ' _ nTle • , n i }I i CCNL YNL ._ • e MFAG Cx�ft - _• i _._ i SIkET l E ED SITE = J ( (°D(14c� WUL~ �" - I i : _... L. i ,. PLAN R AREA D SHEET IBIDBLR 1 inch = 30 FEET . d1 _____- tl 0 15 50 Sh6 i• SHEET INDEX ICepLCSaa-Peet) OF 12 SHEETS _ 17 Y 11Yn I _ E » 19 3 MNTS ISSUED 11/12/14 100 SP EXPMSION rrt _._ . _ ._ COLONED k SLOIeD" CONE PEA CROSSRM •v .°""^' D 000 w G - - I 1/28/15 PRMRIRIW PWA �waaoanErs w/ o,}TDom sFATINo ox .Na BEEB,uDwcElEYA110N4 �------SP----'.'---"------'.'---`-- __.________________ ____ -______.____._____________�J fAATKMALLJL. ,,LLG ______..___. __.. DR _ I I% (• r 1,s• PAOPosm ,s• soman ,: . 0BPoCN aJFR eI}. P.SGE4S) Erase an uuNriRtm mxe. SCIiFn! WHL' (ORD) sa2BTMF scORFn - COLORED M. cone. PED. cxassoJc •__(Ito TExp�____ . .__ o J ■ P1C },� 09 �Y(_ b[rS __'{-5----9 - -S r _I S ___5 �S _ _�5--19-_ __ ._�S---J S•ll-- n o Mn ••. p. n>P.) x`71 a Y FJOST. 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SII i PLAN - AREA E 6� o ^_ i 50' 6DFFFR MFA E I£qg"� I 9 Ei WWu I Inch = 30 FEET D to 90 DD Po I 1 fJg ' IIi 1 II INDEX GrepLCrt) 1 OF 12 SHEETS 14 V rive a fiUPTFN YM (2Y OPEN) 2 SHEET INDEX 0 At" Wtz-,464'-, �, � �r.�'�• � �1 / ♦ rl'42 Reg- Spe°ee T 8 4 tIC SWeee 14 24 �, 4 i I i 1.13 AC OUTLOT I ' 1�-3e'—i t• b I I I 24'-1 .v MIME b J, I , �hX -i�-I`..�../ b 4 r n i I f I I. A.ph. WIN A5 I l b 6 A 1 II kr I I b PI.xIQ10 LOT I 341 Reg. SP a PROP06ED I I (iM- C 22 M SP . 2 \ CITY lW1lfIR1ED I I 2 ,yPt :4VIMf SEX2N I it r «� _ 1tL---- 4 --t - Cme wa�3� I W PROPOSED OUROT •==0°=--------------- L A�D PROPEAIt' IME kyke !/ f 1.29 AC OUTLOT ------------- 41s ( � �•• n z9. eunwo s HC Spocea�.,t 74,W5 W 3,36 C.Gp� tl \ 2 b• ~ U ryns) IS pEYDAPYOtf I 4 HO 9p°ces 9 ¢� o W c —i 14 V rive a fiUPTFN YM (2Y OPEN) 2 SHEET INDEX 0 At" Wtz-,464'-, �, � �r.�'�• � �1 / ♦ rl'42 Reg- Spe°ee T 8 4 tIC SWeee 14 24 �, 4 i I i 1.13 AC OUTLOT I ' 1�-3e'—i t• b I I I 24'-1 .v MIME b J, I , �hX -i�-I`..�../ b 4 r n i I f I I. A.ph. WIN A5 I l b 6 A 1 II kr I I b PI.xIQ10 LOT I 341 Reg. SP a PROP06ED I I (iM- C 22 M SP . 2 \ CITY lW1lfIR1ED I I 2 ,yPt :4VIMf SEX2N I it r «� _ 1tL---- 4 --t - Cme wa�3� I W PROPOSED OUROT •==0°=--------------- L A�D PROPEAIt' IME kyke !/ f 1.29 AC OUTLOT ------------- 41s ( � �•• n z9. eunwo s HC Spocea�.,t 3,36 C.Gp� tl \ 2 b• ~ U ryns) IS pEYDAPYOtf I 4 HO 9p°ces ¢� o W c —i U Q ¢ cc �-o —_ =}U L c ¢ U 1= A5 I l b 6 A 1 II kr I I b PI.xIQ10 LOT I 341 Reg. SP a PROP06ED I I (iM- C 22 M SP . 2 \ CITY lW1lfIR1ED I I 2 ,yPt :4VIMf SEX2N I it r «� _ 1tL---- 4 --t - Cme wa�3� I W PROPOSED OUROT •==0°=--------------- L A�D PROPEAIt' IME kyke !/ f 1.29 AC OUTLOT ------------- 41s ( � �•• n z9. eunwo s ---::--_______________________________________ _______ ____ ___ __ _ _ _ _ _______________ _ __ __ ___ ____ __________ _____ __ ____ _________________________________________________________ i ------------------------------------------------ 5, • • SOEWNR i 6.� �ise a a> a ii°a w eel °g zi:.'va 3� 1WRW CWIRORNE -' 1aa RN! le-'- ............................ 1 inch =30 FEET Seale —Peetae..e c-. �, �s--—s-----s----s----s— :--s:---s----s----s--- s--l-n:=—' 0 I6 90 80 90----- ---- ' - Pip _p a .-t J (CrePLb : I • ' i 15 PW C 11/12/14 Rensax+ HC Spocea�.,t 3,36 C.Gp� tl \ 2 b• ~ U ryns) IS pEYDAPYOtf I 4 HO 9p°ces ---::--_______________________________________ _______ ____ ___ __ _ _ _ _ _______________ _ __ __ ___ ____ __________ _____ __ ____ _________________________________________________________ i ------------------------------------------------ 5, • • SOEWNR i 6.� �ise a a> a ii°a w eel °g zi:.'va 3� 1WRW CWIRORNE -' 1aa RN! le-'- ............................ 1 inch =30 FEET Seale —Peetae..e c-. �, �s--—s-----s----s----s— :--s:---s----s----s--- s--l-n:=—' 0 I6 90 80 90----- ---- ' - Pip _p a .-t J (CrePLb : I • ' i 15 PW C 11/12/14 Rensax+ 0 ~ U m J Z J w ¢� o W c —i U Q ¢ cc �-o —_ =}U L c ¢ U 1= J w¢ e o H U ¢ LL W cups .a9 xo. 73-238 - I._ 3. Meer nnE ENLARGED SITE PLAN - AREA F a' T xuuOEx8 OF 12 SHEETS -------------------- 0 SHEET INDEX ♦ xu.�eww � �Jqq4 I,i � � F ra,.weal'tls��o-n°i Acv, I inert = so FEET 0 16 SO AO N ( OteplJc Scale - Peel ) 16 GPIIe1 N.41JG 1,LLG. �'� I N I ODI=l..M w I 1 3WIGaer)'U' 6IX. $FM$ BILA SF F GPIfX Y.1tLAC. t.LLC J4.J35 EDD(b'll. P.l(4451 /xu.esl scBm1 w.uL T 15 1: 11/12/14 mps " Ha 73-239 B: P.LS. PIS. iAIE: 1'= 30' B1EET nnc ENLARGED SITE PLAN - AREA G SHEET NWB 9 OF 12 SHEETS F— Z U J J —j cr� o LL c> =o 00 Q O Q C) F- F- m z U Q ( oU U w ¢ MO F— U ac F w LL LL W mps " Ha 73-239 B: P.LS. PIS. iAIE: 1'= 30' B1EET nnc ENLARGED SITE PLAN - AREA G SHEET NWB 9 OF 12 SHEETS (EMRMCE 2 SMILM) CAPITAL MALL FARMER HOLDING COMPANY la.w JFFiEnsCNcm vlssalib nle ,w Si ET.s mow iJ<W vaaa iEETrxsoN arr.usswn svm 1�-fl ho i EXISTING GALL EMRANCE 4 EXISTING LIALL ENTRANCE PROPOSED MALL EWE3 IEETERsaxaTv 11PA wsswro 11.wH nIBIXNM STREETSIRTE JELFERSCN LII V.Eb550IRY 65101101 11/10/14 U I ars " Na 73-238 1 RLS. I RLS. 1S . N.T.S. I BUILDING ELEVATIONS SHEET "SER 10 LOi 2 ( CAPITAL MAIL EXISTING SIGNAGE If Jy I BUIIgXG MOUNIEGSIGNAGE KCeml 1 Sam@ 638 ff Sexn^5 3 orgu@ bte Y/sign= w a1A6Ma364 2 vg6@ 676 /Aan 0 IONrn I 9gm@ EI sl/Na+ fM15K�! e T -L [zFIW Ce:d, I usnop 413 If/91- lap f/91- Cap blb.1 utnv@ %5 9/0,= v 0 1 ti lads 3 v3 @ 33L6 if ar F air,-ml4 r Oa11Y YEIInEi PRDPcs. roru rw6uXG M1loulmpslGluGE I—: M1QY SGN iE = of r01 Si 1.I FE P_ G"cUs � rVRREP1ts l.,.'1=115(li-.IR'. �Ifi ." --- WIIlG-Na fPFE 5TN1gNG SIGNS coinW tlW el I Sam@ ➢.5 sf)Sgn= u 09t1 ,pi na ta',nWOub et I gm,9 n.5 01.'= �eriVnQ J.C. PENNEY BUILDING ua feat := Irlrezbd 3 slam@ %3 N/g/aesign= ( s w u T"T... Ss �� S Wf IVIr. _ rru:mi RlMYPe) YH:u@ If86 sf/S� m- ��J T sa NI ,;triilne APITALMALL 1� To nuorws. I AA.. •)3'J SC1 uex.tol 4 1i APITAL ..................... ........._- G q 9O1 I#4f0]4 _ _ X34 rWW �E Loi+ '9JI AZ.-alA 4 ".� CAPITAL MALL BUILDING ---I' SEARS li a3Ye L Aub :_a Wit...................._:L._...._.........._.. wN �..' . -_ 1d6 f�elE[_._.l-•• 1 1 14 I Inch = IDD FEET 0 W 100 200 900 ( Graphic 9e9e - Feet ) LOT 12 r---- ----� I I LOT ++I I I I Lore I Lor e Wa I I I I I r'bz I I I Nor& Pal, Stns A maarn.m of on. pyan eIgn edhcenl to U.S. Route W and up to two peon signs adj.cent to Tmmm &W. roil be permitted rgNment the pt. "n' aluil aewithh ae�paale ft. nonnol a ag.ma alto onw for In. prow, on wtI M1 It Is located and wbdl not p.t placement of fr.wenGg sign. aWng +hat popvly under r:ormd etgnog. dlewmees. 'Capitd 1141' Freertandwg Signa el:ol be aepoot. Nom nwmd aignoge Mow w for Ne property on ~ a Is located and sboi not pewit placanenl of frewicnA3g xme senin, tool papwty www nwmd elq Oge cWaeww4 aural wnhin I. 'solabounttplbn Mw aM1W adhere to COUNTRY CLUB DRIVE DILLARDS I I LOT 10 I I I I Lor e I I I I PROPOSED I' I W.Bl' U.S. ROUTE 50 ` ` E.R.I. U.S. ROUTE50 to SX�M'Tetlr� 4.1'altl.lF _ /Q u 1 Nnumwaraxu:.wru PRWrs ISSUEU wIrv� 2/6/15 o Copad LLM Fntunce Sgna 6 O 100.0 of - 100.0 d � Roe orese for Lev 1 O IWJ of - 193.7 .f _J � vfow '. 1 O 16.8 sl = +6A of RENSlONS m Future Teront 1 O 200.0 d = 200.0 0 500.0 U �O L6ac Tuwnl S ru = of Tad Add5wwl R@Quoted S9no9e - 13003 .r UV F sling BuxCagu26n9 uoontm Signega - 2307.3 .r Rer:wed BUWaa 4ounlM Snpgy = Q �O -595 of Tmot bug Younled 9igmg. =3598.3 we '2 ? o p BE RololLo J Fltfs CrM»ex: CN = q A OAA oU W < M o U prep Sign /1 (NM. 50) 4J LL -WWNae' i O 300 Sf R P W '-J Wal Athe, Pa Ma 1 0 el - 320.0 Ef Lo W pFO OUw Terwnl Poroa' 4 O 50 at - 55110 wf -' Totd =550.0 er fsv W(tl1201E0 Pyi. Sir uiY� 1 0 123 d e 123 et T Mcbor Pond. 5 O W of = 100.0 al •the,com, gher Tenant POM. 1 O IIS el = 100.0 at s Elea 0oaaa9. Centro 1 le 50 of = 50.0 f q Tell a 5623 oof � I Pylon F"n- Nure'Sfgn, wwXd be s Sign, to Pabn S:9. /2 ~ W V o F Lng -cood W sign woad be remorc If 0 lltll ED Pylon Sign /3 is wra4uded. O m O Country Club /1 (32' mow. AL) 11, g copad Wr W sl O { E Gauntry Club (32' maw. hl) v i2 €€ i 'CapXd U. YaY 50 51 p wAz row _ aou1E so .. PYLON SIGN #3 (ware) REST TRWIlI BLVD. (NPS doe No. 73-238 D. a: P.LS RLS. xgLe P= IIA' SIGNING PLAN U) o H � J Z C _J � Q L m W U �O UV Q O Q �O '2 ? o p J Q L F oU W < M o U Ww LL W '-J (NPS doe No. 73-238 D. a: P.LS RLS. xgLe P= IIA' SIGNING PLAN sfa4 Ib cm: IWWb aw6:. ❑ fl 12 coxaxw:er IxauMaxrl auxh�aa®eESM 0 r ❑ f= 6 � � senaaxm4,a, r) Y rau:axw:mc- acwa[.u,me).x9 CKJ M40.WM'4 NAY C.9) I40UA0:YN Ysx,m xis e ❑%4 ° 25 YOUxILMC HEICM ALL {➢(LIKES BE M4artEO ON 40' POLES UME55 OTxExA4sE rrolED.O. 1 inch = 80 FEET 0 0 w IN w0 ( Orepmo S e - net PHOTOMETRIC CALCULATIONS r FbM ".-sW. Yor-&era la,=s.aa AwM =L7:I PENM'S Avg. 3.lfc Max=4.6fc flDRill/NESf Yh=1.SIc Avg/IGn=2.i:i PDtWs Ar9.alac Ya%=S.6fc FAM Vn-1.6f. Avg/ITn=i.9:1 ' ., .f V 011/RDS M',30. LL .z .2fc 2.i. vsr OFI.IRDS Icn=I.aa bq.=�.ac A)9/u;na.o:I LLax=4.9fc CC W J C3 Sa11N Vn=1.11c Mg/v -2.T:1 VA11 Avg.=S.Ofc Yox=4.6fc SWIH Ifin ,.7(c A:g/I6n_1.6:1 SEARS Avg.-J.lfc Max S. A SWtH V -0.9fc Mg/IEa=J.4.1 SEARS LLox 64 fe MES! ISn =1.ac YT 14fc Arps2. MES! 7•z9 =3.(Yc U.. -6.7 fc OMROT i 1.2fc A AlinNa-1 ¢ Cpo'gX I.reVblrop , W)lm4p'b HiLCe - _. _.. _ :..:..va -. i}i )AlAN4RWpXlI Nd.)e C91 O48 PaA S:v.vt PE-EIhlRY a +. r CKJ M40.WM'4 NAY C.9) l �S10 •• -All Ysx,m xis e I pJ2 C91 1Y.0 ar4.Ya: Ni?x Cef tlxe � i YLC )4 f i :��' �Y •i � 'II - . ;l 1J1_Llti�t,lll __.--_ ;:--:-- • - � IiiJiif: �.�:; I' I,iliiiilij r \ V'Ii;.•;� :.i -iii viii ;i G-�.v-:Y 1 r . � _ � 1 I'.-- __ � 1✓l ri �E.tit?itiJ.;w 1 ��� a. •4. a r l E NYS-- q ,, '. ryJ YI .e 1: 11/12/t4 � (• it _ - _. _.. _ :..:..va -. i}i �Id /N \ . o PaA S:v.vt PE-EIhlRY a +. r e I 25 YOUxILMC HEICM tH- DILIARDS y_ EAST ., .f V 2.i. 25: MWtMG ICGIn I CC W J C3 1 mz cJ b I ¢ \ 0 N •'NW� C 7 r• r I �,1CL : i}I 1, 25 HEGH! I r 0 -� .. - ___- :.; a -. - UO U W Q „__»-•—"`• .._._•___.�� .,,.. _. ___ T.,,....w._2 P _,...� : •_____ __ •-,- r'� { 'b{ 'r..` f !� - r " .: r r r coon U r -:_. g OAC In - __ - :'-y i h •2s' � � - . 7 __ � - - 1 •. . 1 { •:: f � yy iuWRINc xoafrl LL • mit � b . r . . 7 � I rl SODU�My'� } 73-298 SOUTH •. r; y � �rroror 4 SCALE 1•= 80• SMET 1111E r te.>' r +:ti -� . r s v 'r +.e4 "IlI1�T1++ .' ro ... OVERALL �---"� �.f_ttl1'JJilR11JJ-ti.ltll7J.ttltt11'J.P1J1'Lltl141PL1 '•f --` " } . b " '-" ' "� ` ` LIGHTING PLAN _ ----------------;-------'-'--------------------------I-- ---------------------' _ - - - ----------------- =_ __----------------- 12 p — _ —------------ : Y :. fz i ;fix—Fil17E[Ii 111Tfr . a. 7 of 12 SELTS 19 I I..I I..I V I 4 SRI EfAEI'=Y A B c G e .a Q F 0 rel i 0 � e : 0 n iii I at✓fd-_ unj �1 l�am,p, i 20 1 W i F 1� O LLO 5 N_ IL w z � � cc� Z G U �\ 5—Z o =� W LL LL I PMIUNS lAT SHADIIfi RC�RP+�4T1i5 F62 SEGTIdi 9390 B5a PARKIT'6 LOi A¢EA• 940,P.03 5Ci. FT. TREE COJERAaE. LAvbE TREES lR@5 X I.'!% 90. 124 M 5[aFT. FER TREE . 9Njl'193. PT. ORN/J EMAL TRff9 124 TREES X W. FT. f9t TREE a 31•TCO 4?. FT. RHN R W.b9 � TOTAL a 4q/lI3 FT. PERLENfAaE OF GP/Eft a 401k M]M t Exhibit C I.4tl0 Capital Mall Special Exception Use Permit -l' ) � UnSOUPo 5' S10EW,01( L _•____� _- rii, :_:{f' � SITE LOCATION MAP .�! ,E't 2,412 SF 1' 5 . • m4.lr ' 1 inch =100 FEET , 0 W 100 160.1 e ( OrsDtUe Bute - F<e,) LOT 13 `' ; •t ,5SW. SEWED C dry ' S I! SEMS BIBWOJ; ..._YJ• �. IDT 12 _ ��;, 1.13 A0 OIIROT NE 1N. NW 114 SEC, 8, TNN. RIMY X15' SAN. SEWER mw_ INW 0. - -- _ - ----' _ -- -- k�—mn.a c-1x1— oFF1cE °1a s PRELIMINARY PLAT CAPITAL MALL SUBDIVISION -- 59.72 ACRES 13.63 AC. ZONED: PUD 46.09 AC. ZONED: C-1,(To be Rezoned C-2) ............. 1; :1 i Px+a u,¢ INC. Kd L51, PIPE 6x1 J.C. MIN Bull y 65,540 SF SOl1TH N TNN,. R1 R12W s 650b6' W-11 23A3 M GJRAI 411E BVOWM 244.110 SF (GLA) 341.685 SF (SEA) xeooew4xe4nd. U4xK44lJ.GLIIF. BQRU1. r.YiEW 15' SW. SEY,TA ESOT. _ 28OW W-1 il 1.28 M OUROT FWPS ISSUED Im.0-6 V., J coB.vts. Y.71 ItOq , .1•IM1ru. Hw , Bort ,6i wW wf Y"Ys}'1la 2` C9I/ BEN *f' a r^`•.a�'� r^•..: �����_Iah___::•_Jfr ,. r__•+ 'f i�t.s `-•4��-� _ =�/ O. r.,.[���UC „ g SE \ i•t, n Ax4 x•4 y : •`�V �• '.eq. r_ n'�5 , �°,l/�.t �� i ' FAY _ ,' � eU1 ' ., •f, _ �` 1:3-2♦ .y S • ,i_• 125 m-] Yi3 t% ''' 1. °:'tF 'J•M aJk,',, „ V_, soy X- ------- c- _ E' lec:=--------__--T �_ :=e..==eea=.=T S u IdE ♦ IN 4p %.' t fM1rAl6 4 I ;: • '�y ,•j•i, , '_; xY/lWatO{uYO ACRE ITy26'3901F SECTION NINE x.."NCRS MNItMC+MW R ---Q 0 a, F gay s I<iBe�I kl�bY M V h•'C _ t�l6 s+ol Hk Hu 1, ea .pus a_.... 61 :.� ==:_y v v _ _____.y..._..._ w____• ... 122 S z y2JZ'!4` _-• .hr,Al O 23$ _.anc j ). • j 0.fm G 9rW cc ,. :i•, .l f'. I f..♦' 121 N� _ r 4w rr.. au U 46.00 :i: :i _ - ___._ Ibpy-_.._____-� JSjJy' _ I L� »,. N— N1 ° wrru Bu'iJsirJCELLd: X1156 �-I - _ - ( rnu4a, vJ�m • _ 3I DOxARDS BUMNG 10.000 SF - t' 1V151911tN1 "'): B�FyI•'.W iB.+i .. yj dA I YAM PF'�111 ,°p•.B.i;(: I • Kia. Mxtl I / I PZUSv050t FE-ENF IKM Bks{ 1, y 21 I I I PE-X9BCmm W 4, NE ,Nt' , # 1) SEC, 9, TMN. DpIf ;'Tfel I u' SAN. • : SEWFR FSLT. _L1 lil of b OF 71 r -+",I iOi•Ay-pmn'y.• °"--a s-•_ Ju2r -� Y m 10,'-10R0E£i5 ; - n " I l I.. '""4 `� I i � P7FALL is OR PMIIFaf I P6011IV0S HC i-21 we 3szD 4='�"" r 4t4 x5x vc ,I.- .r 1• 1.._:.-wJ. ^� : �I " DAY CeRE le ftE0 - 1 . �_: r✓ .__.ca+mri > '»a.= J cu11Eft i - LNSTER ----..". _-_ IIAKK "1 t iI t IN A''sNl= ax+>ia w: 'GBUUj2K,MIc -------- 21 - 21 =08 US Ac Z -1 W4 'm0' Q uj J mZ ' SN M I EW, W 114,(4E 114 G Lu Zi j...� (0 ,e SEC. 9, T41N,R12W w)� / Q ¢ �O •a�pa 2 Z J U W ¢ mo IIr ------------------- Un Lu -- -- T- T- ---- -------- T- - '10B N. 73-238 I I 1 Y Jasr. A sw l P.LS. I RLS. Tryn, Tru W, I p.B��,^•^A I o n w inl 6 61)x!0. m 4iii I s ML p+ae I F1 xi� SCALL. I"- 1w I I I t>( SHEET DILE 1 1 I PNA SWSA K � SNFEPRELIMINARY PLAT TCur � eoo4 iy IWr�sBj^ � I IQIM LL B.4:iQ.1', ILS J OF 1 SHEETS • •___.- 69,186 7 I GW10. x011. \� -l' ) � UnSOUPo 5' S10EW,01( L _•____� _- rii, :_:{f' � SITE LOCATION MAP .�! ,E't 2,412 SF 1' 5 . • m4.lr ' 1 inch =100 FEET , 0 W 100 160.1 e ( OrsDtUe Bute - F<e,) LOT 13 `' ; •t ,5SW. SEWED C dry ' S I! SEMS BIBWOJ; ..._YJ• �. IDT 12 _ ��;, 1.13 A0 OIIROT NE 1N. NW 114 SEC, 8, TNN. RIMY X15' SAN. SEWER mw_ INW 0. - -- _ - ----' _ -- -- k�—mn.a c-1x1— oFF1cE °1a s PRELIMINARY PLAT CAPITAL MALL SUBDIVISION -- 59.72 ACRES 13.63 AC. ZONED: PUD 46.09 AC. ZONED: C-1,(To be Rezoned C-2) ............. 1; :1 i Px+a u,¢ INC. Kd L51, PIPE 6x1 J.C. MIN Bull y 65,540 SF SOl1TH N TNN,. R1 R12W s 650b6' W-11 23A3 M GJRAI 411E BVOWM 244.110 SF (GLA) 341.685 SF (SEA) xeooew4xe4nd. U4xK44lJ.GLIIF. BQRU1. r.YiEW 15' SW. SEY,TA ESOT. _ 28OW W-1 il 1.28 M OUROT FWPS ISSUED Im.0-6 V., J coB.vts. Y.71 ItOq , .1•IM1ru. Hw , Bort ,6i wW wf Y"Ys}'1la 2` C9I/ BEN *f' a r^`•.a�'� r^•..: �����_Iah___::•_Jfr ,. r__•+ 'f i�t.s `-•4��-� _ =�/ O. r.,.[���UC „ g SE \ i•t, n Ax4 x•4 y : •`�V �• '.eq. r_ n'�5 , �°,l/�.t �� i ' FAY _ ,' � eU1 ' ., •f, _ �` 1:3-2♦ .y S • ,i_• 125 m-] Yi3 t% ''' 1. °:'tF 'J•M aJk,',, „ V_, soy X- ------- c- _ E' lec:=--------__--T �_ :=e..==eea=.=T S u IdE ♦ IN 4p %.' t fM1rAl6 4 I ;: • '�y ,•j•i, , '_; xY/lWatO{uYO ACRE ITy26'3901F SECTION NINE x.."NCRS MNItMC+MW R ---Q 0 a, F gay s I<iBe�I kl�bY M V h•'C _ t�l6 s+ol Hk Hu 1, ea .pus a_.... 61 :.� ==:_y v v _ _____.y..._..._ w____• ... 122 S z y2JZ'!4` _-• .hr,Al O 23$ _.anc j ). • j 0.fm G 9rW cc ,. :i•, .l f'. I f..♦' 121 N� _ r 4w rr.. au U 46.00 :i: :i _ - ___._ Ibpy-_.._____-� JSjJy' _ I L� »,. N— N1 ° wrru Bu'iJsirJCELLd: X1156 �-I - _ - ( rnu4a, vJ�m • _ 3I DOxARDS BUMNG 10.000 SF - t' 1V151911tN1 "'): B�FyI•'.W iB.+i .. yj dA I YAM PF'�111 ,°p•.B.i;(: I • Kia. Mxtl I / I PZUSv050t FE-ENF IKM Bks{ 1, y 21 I I I PE-X9BCmm W 4, NE ,Nt' , # 1) SEC, 9, TMN. DpIf ;'Tfel I u' SAN. • : SEWFR FSLT. _L1 lil of b OF 71 r -+",I iOi•Ay-pmn'y.• °"--a s-•_ Ju2r -� Y m 10,'-10R0E£i5 ; - n " I l I.. '""4 `� I i � P7FALL is OR PMIIFaf I P6011IV0S HC i-21 we 3szD 4='�"" r 4t4 x5x vc ,I.- .r 1• 1.._:.-wJ. ^� : �I " DAY CeRE le ftE0 - 1 . �_: r✓ .__.ca+mri > '»a.= J cu11Eft i - LNSTER ----..". _-_ IIAKK "1 t iI t IN A''sNl= ax+>ia w: 'GBUUj2K,MIc -------- 21 - 21 =08 US Ac Z -1 W4 'm0' Q uj J mZ ' SN M I EW, W 114,(4E 114 G Lu Zi j...� (0 ,e SEC. 9, T41N,R12W w)� / Q ¢ �O •a�pa 2 Z J U W ¢ mo IIr ------------------- Un Lu -- -- T- T- ---- -------- T- - '10B N. 73-238 I I 1 Y Jasr. A sw l P.LS. I RLS. Tryn, Tru W, I p.B��,^•^A I o n w inl 6 61)x!0. m 4iii I s ML p+ae I F1 xi� SCALL. I"- 1w I I I t>( SHEET DILE 1 1 I PNA SWSA K � SNFEPRELIMINARY PLAT TCur � eoo4 iy IWr�sBj^ � I IQIM LL B.4:iQ.1', ILS J OF 1 SHEETS City of Jefferson Planning & Zoning Commission LOCATION MAP I .9 0 J r4 p• 111 — ./aM ZONAS�DR�O \(M -- /HQBBS.L HW1-'50 HWY Sp �MISSOU?,SBLVD ®- s i Lu PU D 0 215 430 860 Feet N Case No. P15001 3600 Block of Country Club Drive and wE 3700 Block of West Truman Boulevard + S Rezoning from C-1 to C-2 and Special Exception Permit for Size of 22 Retail Building APPLICATION FOR ZONING ORDINANCE AMENDMENT Date Received: City of Jefferson - Planning Division Department of Community Development 320 East McCarty Street Jefferson City, Missouri 65101 Phone (573) 634-6410 Fax(573)634-M7 The undersigned hereby petitions the Planning and Zoning Commission and City Council of the City of Jefferson, Missouri, for the following amendment to the Zoning Code: Zoning Text Amendment (Describe below or attach complete narrative) Article and Section Affected (If applicable) Description of proposed text amendment: X Zoning Map Amendment (Rezoning of Real Estate) The undersigned hereby stale they are the owners of the following described real estate: Property Address: 3516,3524. 3530, 3536, 3550 3600.3601 Country Club Drive: 3721 W. Truman Blvd. LegaVProperty Description (write out or attach as an exhibit): See Attached Who petition to rezone the above described real estate from its present classification of C-1 district to C-2 district. The purpose of this rezoning request is to: Bring zoning Into conformance with existing and expected land uses ALL OWNERS OF REAL PROPERTY PROPOSED TO BE REZONED MUST SIGN THE APPLICATION, AND ALL SIGNATURE MUST BE NOTARIZED. IF ADDITIONAL SIGNATURES ARE NEEDED, PLEASE ATTACH SEPARATE SHEETS. Rob Kingsbury, Authorized Signatory of: Capital Mall JC 1, L.L.C. Capital Mall JC 2, L.L.C. Capital Mall JC 3, L.L.0 Capital Mall JC 6, L.L.C. Capital Mall JC 7, L.L.C. Capital Mall JC 8, L.L.C. Capital Mall JC 9, L.L.G. Capital Mall JC 19j-L.C. Property Owner #f Name (type or print) Property Owner #2 Name (type orprint) Subscribed and sworn before me this 100 day of 24 Property Owner Signature Property brSignat� ure In the year Z01 JEAN MACKNEY �t ata Public - Notary Seal STTE OF MISSOURI County of Cole My Commission Expires 11/27/2015 Commission# 11500009 Address of Property Owner #1: 221 Bolivar St. Suite 400, Jefferson City, MO 65101 Address of Property Owner #2 Phone Number(s): 573-635-2265 Applicant Information (if different from property owner): Name: Address: Phone Number For City Use Only: Application Filing Fee $206 Payment Received: _Cash (Receipt # 1 Check (Copy; check # 1 Attachments: Additional sheets or documentation Applicant/Project Information Sheet Location Map 25 APPLICATION FOR SPECIAL EXCEPTION USE City of Jefferson - Planning Division Department of Community Development 320 East McCarty Street 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 Special Exception: Proposed Land Use (include Reference Number from Land Use Matrix; site plan must be attached) Use G.3,22a — General Retail, indoor operations, building area over 100,000 sf. Property Location/Address: 3600 Country Club Drive Legal/Property Description: X Is Attached Is as follows: Current ZoningDlstrlct: Gi Does project involve athange in zoning district? No X Yes, proposed zoning C-2 If yes, a separate rezoning application is required The undersigned hereby state they are the owners or parties'responsible for exte described above or in the attached exhibit who petition for special exception use: estate ALL OWNERS OF REAL PROPERTY INCLUDED IN THIS APPLICATION MUST SIGN THE APPLICATION, AND ALL SIGNATURES MUST SE NOTARIZED. IF ADDITIONAL SIGNATURES ARE NEEDED, PLEASE ATTACH SEPARATE SHEETS. Rob Kingsbury, Authorized Signatory of: Capital Mall JC 1, L.L.C. Capital Mall JC 6, L.L.C. Capital Mall JC 2, L.L.C. Capital Mall JC 7, L.L.C. Capital Mall JC 3, L.L.C. Capital Mall JC 8, L.L.C. Capital Mall JC 4, L.L.C. Capital Mall JC 9, L.L.C. Capital Mall JC 5, L.L.C. Capital Mall JC 10, L.L.C. Rob Kingsbury, Authorized Signatory of party responsible for all exterior improvements per Capital Mall REA on properties owned by: Dillard Department Stores, Inc. JC Penny Properties, Inc. 'F�13 eNaaaz-1 Property Owner #1 Name (type or print) ZP el. J0.1Z1r Property Owner #2 Name (type or print) Property Owner Signature Property Owner Signature Subscribed and sworn before me this 13`" day of " 't in the year Tory NotarYAN iiACKNEY Notary Public - Notary Sea STATE OF MISSOURI County of Cole My Commission Expires 11/2712015 Commission # 11500009 26 Address of Property Owner #1 221 Bolivar St. Suite 400, Jefferson City, MO 65101 Address of Property Owner #2 Phone Number(s): 573-635-2255 Applicant Information (if different from property owner): Name: Address: Phone Number For Cfty Use Only: Application Filing Fee $206 Payment Received: _Cash (Receipt It-) Check (Copy; check # 1 Attachments: Additional sheets or documentation ApplicantrProjectInformation Sheet Location Map 27 SITE LOCATION MNP t"NUC -100 £a'I 1% rl tifffuff / _. 1 •�T:�:R.�TlIF IIIII111 L?7v'rcn:r l4HfHkNi� _: r 28 _ I 1 64 I rl E�i+f�'1 tmmrrrro�rjr/lt��rmlrtt VIIIIIrt� C •''lu l!111�rr�•' ill � f����9 1 +r�ittrfrrlp,l ,,,''''IIIS� I�f�•' '�l:;WWl:as 17 17 0 qQa� ISM 61 C tam Inc y I - _ Z a _ w d C -)z _�___________________ Y ,� 2 1 1 1 1 I 1 SPECIAL EXCEPTION I USE PERMIT Existing Capital Mail PUD Restrictions Map Date: 1-14-15 Prepared by Jefferson City Planning Division Staff Based on Council Ordinance 9023 approved September, 1977 r Area B r Landscape Buffer �► — 50 feet r. u- --� l' _ { i'r`e` ,• �* Area Parking Y 1 75 feet r Area A a 1 Wilderness Area 88-190 feet Area C Internal Driveway. 30 feet T 1 ` . r X. d Area E - Landscaping Area F 50 feet Parking - 50 feet 29 0 ]`A 50)Feet Synopsis of Council Ordinance 9023 —Sept. 1977 Existing Capital Mall Bufferyard - Special Development District and Modifications to Country Club Drive Capital Mail Buffervard Established Areas A•F (see attached map) Area A—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" (defined as a 3 inch diameter tree) ; 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 constitute a hazard to life or property. No other use than as a "wilderness' area may be made of the property. Area 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. Area C — The only use permitted within Area C shall be for an internal service road serving the Capitol Mall Shopping center. Area D —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 assay from the residential area to the east of the Special Development District. Area E — 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 landscaping plan approved by the Jefferson City Planning Office which shall be governed by acceptable horticultural practice. Area F — 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. With the exception of the stated landscaping plans being approved by the Planning Office, no approval by either the City Council or the Planning and Zoning Commission shall be required for plans for the Areas contained within the Special Development District. Modifications to Country Club Drive: Direct City Attorney to establish speed limit of thirty miles per hour on Country Club Drive and prohibit truck traffic to the extent lawful. Direct Public Works Director and City Planner to approve the design and construction of a traffic circle on that part of Country Club Drive which lies between the lands of General Growth Properties. Direct Public Works Director and City Planner, after consulting with General Growth and West Side Residential Association, to formulate plans for Council consideration of the following: 1. 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 slow traffic along and divert traffic from Country Club Drive. 2. Consideration of vacation of some of the 100 foot width of Country Club Drive in order to match the width of a normal two lane residential street. Road not to be expanded to 4 lane. 30 Differences between the C- 1 and C-2 Zoning Districts. Prepared by City Staff 1-15-15 Permitted Uses of the C-1 District Residential on Second floor or above Neighborhood Center Museums and Libraries Day Care Center Clinics Substance Abuse Treatment Facility Hospital — Inpatient and Outpatient Indoor Athletic Club/Gyms Indoor Amusement Center (video arcades, etc) Church related thrift shop, etc. Private School Dance/Music School Business Schools Hotels less than 50,000 sf Offices Alcohol Sales in Restaurant Veterinarian Retail Bakery Bank Miscellaneous Drive through uses Catering Restaurants General Retail Laundromat Funeral Home Personal Services (salons, massage, etc) 31 Permitted Uses of the C-2 District Residential on Second floor or above Multi -family (eight or more units only) Neighborhood Center Museums and Libraries Day Care Center Clinics Substance Abuse Treatment Facility Hospital — Inpatient and Outpatient Indoor Athletic Club/Gyms Indoor Amusement Center (video arcades, etc) Church related thrift shop, etc. Private School Dance/Music School Business Schools Hotels with less than 100,000 sf Offices Publishing Retail Alcohol Sales Alcohol Sales in Restaurants Bar or Tavern Veterinarian Retail Bakery Bank Contractor Trade Shop — Indoor only Delivery and Dispatch Miscellaneous Drive through uses Farm Feed Store Catering Restaurants Drive Through Restaurants General Retail Greenhouse Laundromat Funeral Home Personal Services (salons, massage, etc) Indoor Mini -warehouse Motor Vehicle Service and Repair Car Wash Gasoline Station Recycling Center — Indoor only Signage Differences between the C-1 and C-2 districts Type of Sian C-1 District Building Mounted Size 10% offagade area Maximum size 200 sf (300 sf total signage) Height 32 feet Freestanding Signs Size based on property/bldg size Height 10 feet C-2 District 10% of facade area 200 sf (300 sf total signage) 32 feet based on property/bldg size 32 feet Signage regulations between the two districts are identical except for the maximum height of a freestanding sign, which is 32 feet in the C-2 district but limited to 10 feet in the C-1 district. 32 PLANNING & ZONING COMMISSION CORRESPONDENCE RECEIVED Case No. P15001 3600 Block of Country Club Drive 3700 Block of W. Trurnan Boulevard January 15, 2015 Sender Senders Address How Received Date Received Jeena & Jake Hun et 3405 Hobbs Ln Email 1/15/2015 Martha LeMond 3404 Hobbs Ln Mail 1/15/2015 Jim & Betty Weber 3420 Country Club Dr Mail -Ralph Robinett Mail -Mayor Struem h 1/15/2015 Jim & Irene Ter in 3501 Country Club Dr Hand delivered 1/15/2015 John & Amy Feldmann 3454 Hobbs Ln Email 1/15/2015 Laurie Pleus on behalf of Mrs. Don B. Riley Mrs. Don B. Riley 3448 Hobbs Ln Email Hand delivered 1/15/2015 1/14/2015 Jim and Jeanette Dulle 3319 Country Club Dr Email Hand delivered 1/15/2015 1/14/2015 Camille McClain 3416 Hobbs Ln Email Hand delivered 1/15/2015 1/14/2015 Jim Eichelber er 3320 Country Club Dr Email 1/13/2015 Susan Bre ant Raaz on behalf of Barbara Bre rant 3435 Country Club Dr Email 1/13/2015 Martha Ann Claiborne 3460 Hobbs Ln Hand delivered 1/13/2015 Randy & Becky Haight 3463 Hobbs Ln Email 1113/2015 Doug & Patricia Thomas 3444 Hobbs Ln Mail Email 1/14/2015 1/12/2015 Bart & Mandee Carney 3440 Hobbs Ln Email 1/12/2015 33 Stratman, Anne From: Barron, Eric Sent: Thursday, January 15, 2015 2:37 PM To: jeena@fcrsells.com' Cc: Stratman, Anne, McMillan, Janice Subject: RE: Letter Addressing Zoning on Country Club Drive Ms. Hunget, Thank you for your comments, they will be printed and distributed to the Planning and Zoning Commission at their meeting tonight (January 15th). Sincerely, Eric Barron Senior Planner City of Jefferson 573-634-6419 From: jeena Hunget rmailto:jeena0fcrsells.com] Sent: Thursday, January 15, 2015 12:16 PM To: Stratman, Anne Subject: Letter Addressing Zoning on Country Club Drive Please see attached letter concerning the re -zoning of Country Club Drive near the Hobbs Lane neighborhood. Thank you! Jeena Hunget Buyer Specialist Fust Cham Team Keller Williams Really 573301.0263 This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http://www.svmanteceloud.com 34 January 15, 2015 City of Jefferson Planning and Zoning Commission Dear Members: We are writing to express our concern over proposed changes by Farmer Holding Company to the area bordering the neighborhood of Hobbs Lane and Country Club Drive. It has come to our attention that the original agreement reached back in 1977 creating the buffer zone between the commercial and residential areas is proposed to change. We are new to the neighborhood, and are looking forward to many years in a well-established, residential area. The original reason for adding the landscaped buffer median was to create an entrance to a residential area and for a boundary between the commercial and residential area. A round -a -bout would only seem more commercial and it doesn't seem to be needed considering the road only goes straight. In addition, removing trees and raising light poles would encroach on the residential neighborhood and violate the buffer zone boundary of the original 1977 agreement. We are concerned that a round -a -bout would increase traffic flow through the residential area which is a safety concern for children playing in the neighborhood and would increase overall noise which may affect property values in the future. Thank you for your consideration. Jeena and Jake Hunget 3405 Hobbs Lane Jefferson City, MO 65109 35 MARTHA S. LeMOND 3404 HOBBS LANE JEFFERSON CITY, MISSOURI 65109 January 12, 2015 Mr. Ralph Robinett, Chairman LJANI City of Jefferson Planning and Zoning Commission Department of Planning and Protective Services, Planning Division John G. Christy Municipal Building/City Hall 320 East McCarty Street, Room 120 Jefferson City, MO 65101 Re: Case No. P15001- 3600 Block of Country Club Drive and 3700 Block of West Truman Boulevard; Rezoning, Special Exception Permit, and Preliminary Plat. Dear Mr. Robinett and Commission Members: I am a property owner and resident in the neighborhood adjacent to the Capital Mall. I am writing to express concern over the proposed rezoning requests on the part of the owners and operators of the Capital Mall. I am in favor of progress and the pursuit of development that will ensure that our city will continue to grow and remain a vibrant place in which to raise our families. However, I am concerned about any proposal that will increase traffic and erode safety along Country Club, as well as those proposed developments that have the potential of devaluing the value of proberties in a neighborhood that has a long history of being a quality neighborhood that is sustainable into the future. I understand that these proposals are being made without regard of a prior 1977 resolution made on the part of the city and the owner of the mall property that requires the owners of the property to take into consideration the concerns of the adjacent neighborhood in any development proposal. As it stands now, I do not believe this has been done. Consequently, I would request that action on the proposed zoning change be delayed until such time as the owners of the mall take into consideration the needs and concerns of the neighborhood. 36 I am particularly concerned about the green -belt separating the mall property from the neighborhood being substantially reduced or eliminated, as well as inappropriate signage and increased traffic through the neighborhood. There are realistically a number of issues that need to be taken into consideration in light of the 1977 resolution. I would ask anyone serving on the Commission, and/or the City Council to honor prior commitments made on behalf of the city and the owners of the property in question. Sincerely 'G Martha S. LeMonndb 37 January 13, 2015 Dear Mayor Struemph, As neighbors who live within 185 feet of the Capitol Mall, we are pleased to see that improvements are planned to the building entrance facades and parking lot that includes the addition of trees and landscaping. However, we are very concerned regarding the plan to remove 30 feet of our buffer along the east side of the mall and the proposed round -a -bout to be placed on Country Club Drive and the zoning change from C-1 to C-2. We do not want the west portion of Country Club Dr, to look like C-2 Missouri Blvd. It should be noted that there needs to a good buffer between the commercial area and residential area which was not maintained adequately by General Growth. We simply request that you keep the commitments that were made to our neighborhood in a resolution at a Council Meeting held in September 1977. Please leave the buffer and improve it as originally promised and leave the zoning along Country Club Dr. in front of the mall as a C-1. We request that the island stay as it delineates the residential area from a commercial area. We are very concerned about what the proposed changes will do to the safety of the area and the investments we have made in our homes and property. Jim & Betty Weber 3420 Country Club Dr. Jefferson City, MO 65109 573-893-4723 JAN 15 2015 38 January 13, 2015 Dear Mr. Robinett, As neighbors who live within 185 feet of the Capitol Mall, we are pleased to see that improvements are planned to the building entrance facades and parking lot that includes the addition of trees and landscaping. However, we are very concerned regarding the plan to remove 30 feet of our buffer along the east side of the mall and the proposed round -a -bout to be placed on Country Club Drive and the zoning change from C-1 to C-2. We do not want the west portion of Country Club Dr. to look like C-2 Missouri Blvd. It should be noted that there needs to a good buffer between the commercial area and residential area which was not maintained adequately by General Growth. We simply request that you keep the commitments that were made to our neighborhood in a resolution at a Council Meeting held in September 1977. Please leave the buffer and improve it as originally promised and leave the zoning along Country Club Dr. in front of the mall as a C-1. We request that the island stay as it delineates the residential area from a commercial area. We are very concerned about what the proposed changes will do to the safety of the area and the investments we have made in our homes and property. S' erely, �� � Jim & Betty Weber 3420 Country Club Dr. Jefferson City, MO 65109 573-893-4723 39 t . , � it -.-I' - � Stratman, Anne From: Barron, Eric Sent: Thursday, January 15, 2015 8:50 AM To: Iamy.feldmann@gmail.com' Cc: Stratman, Anne; McMillan, Janice Subject: RE: Comments regarding Capital Mall Rezoning Mr. and Mrs. Feldmann, Thank you for your comments, they will be printed and distributed to the Planning and Zoning Commissioners at their meeting tonight (January 15`h). Sincerely, Eric Barron Senior Planner City of Jefferson 573-634-6419 From: amy.feldmann(ftmail.com lmailto:amy.feldmann(olgmail.com] Sent: Wednesday, January 14, 2015 9:13 PM To: Stratman, Anne Subject: Comments regarding Capital Mall Rezoning Regarding the proposed rezoning of the Capital Mall and surrounding area, please consider the following comments: Improvements for mall area are important and necessary for the preservation and growth of Jefferson City. Most of the proposed improvements to the mall should make the mall more attractive to consumers. However with these proposals, there is no need to rezone the entire mall area, including all outlots, to C2, when only the mall building needs to be C2. Keep the outlots zoned at C1 until specific future plans are presented that may require a C2 zoning. When the mall area was first developed in 1977, General Growth Properties (GGP) signed an agreement to protect the adjacent residential area before proceeding with the development. At the 9/6/1977 city council meeting, a resolution was adopted to concur with the agreement. Current owners and any future purchasers of the mall area and outlots should be required to honor the provisions in this agreement and resolution. Provisions such as maintaining a landscaped buffer, a tree buffer, reducing traffic through the residential area, and keeping the lighting shrouded away from the residential neighborhood were agreed to in order to protect the value of the residential neighborhood. Our primary concern is that the provisions and spirit of the agreement made in 1977 be maintained to protect the security and value of the residential neighborhoods, while improving the viability of the mall. Thank -you for your consideration of these comments. John and Amy Feldmann This email has been scanned by the Symantec Email Security.cloud service. 41 Stratman, Anne From: Laurie Pleus <lapleus@yahoo.com> Sent: Wednesday, January 14, 2015 6:48 PM To: Stratman, Anne Subject: Re: Case No P15001 3600 Country Club Dr Rezoning / Letter from Mrs. Don B. Riley Dated January 14, 2015 Attachments: Jefferson City Planning and Zoning Division -Case No P15001 -Mrs DonBRiley Letter Jan 14 2015.pdf, JC City Council Minutes Sept 6 1977 Resolution Relating to Country Club Drive Area.pdf Please see the above letter from Mrs. Don B. Riley concerning the subject under reference. It was hand delivered to Ann Statman at the John Christy Municipal Building this afternoon. She thanks you in advance for your consideration of this most important issue. This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http://www.symanteccloud.com 42 THE MLEYS 3448 Hobbs Lane rtJ4:1 Jefferson City, Missouri 65109-1035215 4 Hand -Delivery and Email: LcplanningRieffcitymo.org January 14, 2105 Jefferson City Planning and Zoning Division 320 E. McCarty Street Jefferson City, MO 65101 Re: Case No P15001— 3600 Country Club Dr. and 3700 Block of West Truman Blvd, Rezoning- Special Exception Permit and Preliminary Plat / Impact On Nearby Residential Neighborhood Members ofilie Planning and Zoning Commission: I am writing to express my concerns regarding the letter I received dated January 2, 2015 concerning the application filed by Capital Mall JC, property owner, and city staff to address the following: 1. A rezoning of approximately 61 acres from C-1 Neighborhood Commercial to C-2 General Commercial; 2. A special exception permit for a general retail use with greater than 100,000 square feet of building area; and 3. A preliminary plat for the property and associated new and existing out -lots. I am supportive generally of the proposed improvements to the Capital Mall, HOWEVER, I have SIGNIFICANT concerns due to the fact that it does not appear that the current mall owners have any intention of lionoring the commitments made in 1977 (copy attached) to the residents of the adjoining area. Specifically, the current proposals --to reduce the width of the "landscape buffer" in Area B (from 50 feet wide to 30 feet) and the extension of buildings and parking into other areas of the project plan, the removal of the landscaped island on Country Club Drive to be replaced by a roundabout, and the lifting of lighting restrictions - ARE ALL IN DIRECT CONFLICT with these commitments which were adopted by the City Council and approved by the Mayor. The 1977 agreement called for a hedge to be planted on the western side of the mall property as an attempt to screen auto lights to the nearby residents. Other landscaping was completed under a plan that was approved by the Jefferson City Planning Office. This landscaping has successfully appeased the adjoining resident's concerns. However, if the trees and existing hedge will be removed or significantly reduced, there will be no screen of lights from the cars and the signs on the Dillards building and the Capital Theater. The current proposals greatly upsets me, my family and our neighbors as they will most certainly have a negative effect on the peace and quiet enjoyment of our property, and we fear, the value and quality of our neighborhood, one of the most elite in Jefferson City, that my family has called home since 1950. 43 Jefferson City Planning and Zoning Division Page 2 I IMPLORE YOU TO KEEP THE PROMISES MADE TO THE ADJOINING RESIDENTS. The same restrictions should apply no matter who owns the mall property. All Jefferson City residents should be concerned if these commitments are not honored. Respectfully, Mrs. Don B. Riley cc: Bob Scrivner, Council Member Third Ward — Hand Delivery & email: Bscrivner@jeffeity.org The Honorable Eric Struemph, Mayor of Jefferson City — Hand Delivery & Email: Estruemph@jeffcity.org 44 154. •-----·-·-------_ .... J\egul~u: .. CounciL.Meeting,.. September .. 6.t-.. 19.7.1 ... ~:~::::H:~:-·.::::~:·:; ~ayo~· .:~~~~ . .. .... .... ... ··-· ..•••...•. -·~ ---. ~~Councilmen present: Borgmeyer, Brant, Gordon, Ha ger 1 Harts field, a: ~fcDowell, Rackers, Robinson, Wh1tecotton and ~; . Wiltthaber . cCouncilmen absent: None. !· A quorum was declared prE;sent • .. )councilwoman McDowell moved that Bill No, 48 be reconsidered and :sent to the Health Committee. The motion passed, ,; The Minutes of the meeting of August 15th were approved, as f amended, '· ,. :;A couununicaUon was received from resident s on Poplar Street, ';requesting that the street be improved, and t~at the drainage is • inadeq'uatc. · The matter was referred to the Director of Public Works with ·.his recommendations to be reported to the Council at the next .meeting as to course of action. I, ................ .. . •I i' :: ·1\pproval '· of ·Minutes. ·Director of Public Works. :·Wesley Farris, District Manag e r, Missouri Power and Light Company, Lighting" ~;appeared befoX'e the Council in regard to the lighting of Missouri Missouri ~Boulevard. Blvd. ~ He e>eplained that due to the widening of Missouri Boulevard, ~it will be necessary to relocate all of the poles on both sides of . 1 • the street in the area between the Expressway and Howard Street. 1 ~The Highway Department has approved their plan to completely rebuild' ~area with new poles, They now need approval of the Council to move . . :au lights to the south side of Missouri Boulevard, with the ! r-addition of siK lights to complete plan. There would be no cost to 1 1• the City e>ecopt the monthly charge for lights. 1• : Councilmo.n nrant askod i£ they had considered going undergroum. :Mr. Farris replied that it would not be feasible at this time, due ! 1 f to the cost to the City nt intersections. ,. Councilman Gordoo moved thr.t tho plan be approved. Notion 1 passed. ~ -------;The following bid wns ~ccoived for two wator pumps for uso of the fFira Department: Graessle's Solos & Sorvico ·opening One Uomelito Centrifugal Pump, 150 gpm $ 378,99 -of :-One llomelito Centrifugal Pump, 300 gpm 649,99 .• Bids, fFire Chief Willmeno informed the Council that the bid on the two ,pumps was too high. ~The following bid was rec;i;ed fo; ~n; ;e;c~e tool for use of the ::opening ~Fire Department: 'of lr. Fire Rescue $ 5,283,00 ~Bids. Councilman Borgmeyer moved that the bid be referred to the Fire ·i Committee. Motion passed. ·1 -• M -- -M .. - - yThe following bid was received for an Automatic RC Print Processor ~paning ~for use of the Police Department: ·of ~ W. Schiller & Co. $ 2,495. 00 .. Bids. ;councilman Whitecotton moved that the bid be accepted, Motion passed, Bill No. 59 introduced by Councilmen Borgmeyer, Gordon, Hager, Bill 59. Rackers, Wiidhaber, Hartsfield, McDowell, Robinson and Whitecotton, Zoning of entitled: Annexed ".An Ordinance of the City of Jefferson, Hissouri, changing, Area, amending and modifying the Zoning Map of the City of Jefferson, by amending Ordinance 8508, by zoning and rezoning the area anne>eed 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." Councilman Wildhaber suggested that the l e tter which TomBenton, Planning Director, recei~~d from David Goller and other property . owners, donating 50' of ·right-of-way from the exioting right•of•way · become n part of the Ordinance. Mayor Hyder informed him that ., right•of"way should not bepouie part of a zoninf Ordinance. ... ·: Councilman Wildhaber then moved that the etter from Hr. Goller become a part of the minutes, Motion passed. ~ · 45 I t I I o t I I t I I It I' I 0 I: 1: I:.:: 155 . ·----·----------·· ____ Regular .. Council Meeting,. Septemb.e_r 6, .197.7 •.. . . . -... -·-.... -..... ,_ .. ···------n:-:-_--·-··------.. -...... ...... -..... --... -· ... ··-..... ___ .. ., ___ ....... -------.. ---... - ,,Bill No, 59 wa s read the thi~d time by title and placed on final I !passage and was passed by the following vote as Ordinance No. 9023: !•Councilmen voting Aye: Borgmeyer, Brant, Gordon, Hager! Hartsfiel .1 McDo~o7ell, Rackers, Robinson, Wh tecotton .1 jl and Hildhaber . · it ·!counc ilmen voting Nay: None, '; ;_Councilmen absent: None. lj 1 !! 1 The following Resoluti~n -w;s -i~t ;odu~ed:-jl WHEREAS certain disputes have arisen relative to the effect ~~ !lor alleged effect of the Capitol Mall Shopping Center project of . 1 ;;General Growth Pr operties upon the nearby residential neighborhood; !I Resolution !l and, I Relating =! WHEREAS, the City Council has heretofore considered various 1 to General .aspects of such disputes as they relate to the usage of Country 1 - Growth '·club Drive and z oning within the area; and, jr I I and -~ WHEREAS, of recent date substantial progress has been made I Country ::towards an amelioration or lessening of those disput.es as is 1· Club :1reflected by correspondence between counsel, wh i ch corr espondence I Drive -,is marked Exhibits A and B, attached hereto and incorpor ated herein I Area.:jby reference; and, ~ WHEREAS, the City Council is desirous of furthering an ~,amelioration of those disputes; and, ~, WHEREAS, after considering the contents of the l e tter dated j July 26, 1977, and attached hereto as Exhibit A the City Council '!believes that certain of the concepts stated therein a r e meritorio iiand should be tne subject of further action by the City Council of :1 the City of Jefferson in addition to zoning action which is other-I '!wise being considered by the City Council• and! 1 ! WHEREAS, inasmuch as the City Council bel eves that at this ~ 1: time such matters should be considered together and are, therefore,~~~ 1:encompassed within this single resolution though some of the ; ,;actions directed might otherwise be the subject of less formal '·a ction; '! NOW, THER EFORE 1 BE IT RESOLVED BY THE CITY COUNCIL OF THE .:CIT'i OF JEFFERSON, AS FOLLOWS : ,' 1. The City Council commends General Growth Properties and '1the res idents of tho adjoining areas for tho progress in ameliorat- ., I; -! ;:ing the disputes between them which is reflected in Exhibits A and i!B hereto) and encourages them to continue in their join~ efforts to ·,reduce tno outstanding areas of dispute, , :1 2. The City Council endorses in principle tho propooala and l,gositions set forth in Exhibit A with respect to which Do question II i& raised by Exhibt~ B. j 3, More spec lcally, the Council now takes and directs that ·i the following actions be taken: ij a, With respect to paragraph 1 of Exhibit A, tho City 1Attorney is directed to prepare and present to the Council for :!consideration an ordinance or ordinances to establish a speed limit !r of thirty miles per hour along Country Club Drive to the extent :'such may be lawfully done. ! b, With reopect to paragraph 4 of Exhibit A, the Director j Of Public Works and the City Planner are authorized to act on :!behalf of the City of Jefferson in approving the design and con- l struction of a traffic circle on that part of Country Club Drive i1whtch lies between the lands of General Growth Properties. The !!design and construction shall be subject to the approval of the l aforesaid city officials and! to the extent that the State Highway :1Commisaion retains jurisdict on over such matters, by the appropri- :~ate officials or agents of the State Highway Commission. : c. With respect to paragraph 5 of Exhibit A, the City 'Council endorses the conce pt of an entrance directly off of the .;U,S,Highway 50 Expressway into the Capitol !>fall Shopping Center to :be open at least until such time as an interchange is constructed !!at the intersection of the U,S,Higbway 50 Expressway and North Ten !1Mile Drive. The City Council, therefore, respectfully requesto !I the State Highway Commission allow such entrance to be establ i d, With respect to paragraph 7 of Exhibit A and the !j further usage of Country Club Drive, the City Council directs the jr Director of Public Works and the City Planner, after consult ,jwith representatives of the State Highway Department, General ~jPropertiesi and the West Side Residential Association, to formulate Hfeaaible p ana and proposals for Council consideration and action ~with respect to Country Club Drive and its usage, and in particular !jspecific propos als with respect to the following: 4 6 . • 156 • --------·--······-··-·Regular .. Council.Moeting, .. September .. 6., .. 19.7.7.. ·---....... _ ··------ (l)A_p_r~p~~-f-o-r-th;·~~;;;t~-;;ti~--~'iii~--d-i~~·;~io~·r- 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 alorg .: 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 :, I State Highwa~ Commission to vacate a part of the one hundred ·. foot right-of-way of Country Club Drive along each side iResolution thereof back to the width of a normal two-lane local street !~elating to which sorves a residential area within Jefferson City. The :~eneral City Council formall~ declares ito intent that Country Club ·~rowth and Drive not be expanded to a four-lane roadway. ;pountry 1 4. Adoption of this Resolution shall not be construed to :Club Drive :j1authorize the appropriation of any monies of the City of Jefferson :~rea. !or the use of any funds of the City of Jefferson other than person-:; !Jnel costa 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 1: Council before any such expenditure is made, i' Passed September 6 1 1977 /o/ Robert L. Hyder President of the Council Approved September , 1977 /s/ Robert L. Hyder Mayor !Attest -/s/ Margaret Christian, City Clerk, IMr. Alex Bartlett, Attorney at Law, 'Jefferson City, Mo. l lnRe: Zoning of Recently Annexed 1300 Acres ·Dear Alex: ·I !i jl i After considering suggestions developed in yesterday's meeting !1 between you, Robert Crawford, Matthew Bucksbaum and Jeff Foss, ) Oenoral Growth Properties submits to you tho following proposal to resolve the apparent conflict. . 1. General Growth Properties will nooist the residents, if needed,jl I to limit tho use of Country Club Drive in the following respects: ,j 1 (a) Controlled speeds on Country Club Drive, :1 II (b) Prohibition of truclt traffic on Country Club Drive. i· ,; 2. Zoning on the eastern side of General Growth mall area. 1 1: ~havo attached a copy of a plan sheet to depict for you zoning as ,· l!you and I discussed on the eastern side of the mall shopping area. r lj Area A -This area is the trapezoid shaped property on which ;i is presently located the buffer of trees. Theile trees will remain ji !and under zoning ordinance provision for special development ;jEKhibit 'district, a special use for this area will be designated wilderness!, A area. ~ Area B .. The special use designation for this 50 foot tract of ji 1land which will run parallel to the western aide of Tract A shall .j be 11 landscaJled buffer," A hedge will be planted on the western i: side of said tract as an attempt to screen auto lights, Other lj landscaping will be completed under a landscaping plan ap(>roved by I; the Jefferson City Planning Office which shall be governed by I' acceptable horticultural practice . j I Area C .. This shall be an internal service road 30 feet wide 1'' abutting and parallel to the western aide of Area D. li Area D -This shall be a 75 foot special use designation ! parking only and shall abut the western side of Area C and be '!: parallel thereto. j· Area E -This area is on the south aide of Country Club Drive ! and shall be a 50 foot area of landscaped bank, I' Area F -A 50 foot ax-ea special uae designation "parking only !'ll 3. We propose that the zoning and the 11\ acres shall be as 1 1 ! follows: .: (a) Approximately 7 acres 1 being that portion lying directly II north of the Hobbs Lane subdivision and the area designated as · ,. Area A under paragraph 2 above shall be zoned R-1. ! (b) The balance of the 11 acre tract, being approldmately 4% '' acres and lying directly north of the shopping mall area, shall be jl zoned C-1. 47 II 'I ~ I I 157. ·-·---·--··-····· .....•.. Regular. CoWJ.cil Meeting,. September 6, 1971. .. . .... . .. -·-·· -------·--·1!;::e~=~~r~!~o!~w~~P~~!i·~~~ti~-~~~~o~il~~e~e~·r!~~~~-~~£;~~~. ~-~-··--·-· T I ~Bountry Club Drive to net no a means of slowing traffic which uses 1 :~Country Club Drive in the future, The inside of the traffic circle 11 ~shall be appropriately landscaped, 1 !.5. General Growth will accept a temporary entrance off of U,S ,50 1: I ' I ·::in addition to the two •way traffic on Country Club Drive as a m eans~ ::of reducing any traffic which may use Country Club Drive as a means ij~of entrance into the shopping center. The request will be for two•way traffic on the temporary entrance which will, of course1 ~necessitate a median crossing at the entrance, It is specifically ~understood, however, that Country Club Drive will not be closed to ·~·two-way traffic even if the temporary entrance is granted by the Highway Department. ,!6. Lighting on the eastern side of the mall property will consist :j of poles built to a 25 foot height with directional light shrouded 1 1 away from the residential area to the east , ~1. General Growth Properties will assist the residents on Country , ·:club Drive, if requesteCl, to prevent the expansion of Country Club ·Drive to a four-lane road east of General Growth property lines. ·; 1 think this contains a complete listing of the itemo we :;discussed. ~ I look forward ;i proposal, ;: Since rely, t~ your early communication regarding this /s/ Ronald J. Prenger 'I fjMr. Ronald J, Prenger, 'iAttorney at Law, :!Jefferson City, Mo. August 10, 1977 . •I ;; Dear Ron: In Re: Zoning of Recently Ann eKed 1300 acres. I liThia will serve as a follow-up to my previous letter acknowledging 1• receipt of your letter of July 28, 1977, which carries the above ~~reference and which woo sub mitted on behalf of Genoral Growth !!Properties, ~ Your proposal hao been circulated among many of the nearby ~residents for their information. As I have previously advised you,. ·~the West Sido Residential Association which we repres ent is an ·~ ;: informal group which cannot opoak in a binding fashion for all of , ij the residents of the area to tho cast of Capitol Mall Shopping 1~ Center site. ;~ I believe, however, that the following response can now ; properly be mado by mo to your letter of July 28, 1977: I 1. The ~esidents of tho area are generally pleased with many of the proposals which you make in your letter, nnd they believe and !hope that they will aid in the amelioration of tho problems that 1 have developed. . Exhibit 1 2, While I am not in a position to bind all of the residents of n li the area, please be advised that the West Side Residential Associa- ~tion does not collectively interpose any objection to the S Special 'Development District concept which is articulated in your letter of July 28, 1977. 3. You have articulated in your letter that it is the position of General Growth that the matter of a temporary entrance from the Highway 50 Expressway into the Shopping Center should not be interpreted as acquiescence to a permanent closure of Country Club Drive at the point of the old city limits, We understand this to be your position. Likewise, we would state that 11going along" with the proposals set forth in your letter of July 28 should not be interpreted by General Growth or others as acquiescence to the position that Country Club Drive should be reopened and kept open, : even though a direct entrance on a temporary basis onto the Highway 50 Expressway be established, Such difference of opinion on this point though does not preclude acceptance of the proposal in other 1 respects or the tempo r ary entrance from · the Expressway as being 11 meaningful actions on the pa rt of General Growth towards l ameliorating the disputes Which have arisen, 1 ~4. We understand the provisions of paragraph 6 of your letter of I P.July 28, 1977 1 to mean that the light poles are to be no higher I ~ than 25 foot above a normal base (as you orally clarified to me) • 11 'We also understand f~om our discussion that this lowered lighting :would apply on the eastern side of the mall property and would not ~ .be limited to that part of the property which is within the I s Special Development District . 48 ' ' ., I • I I jl I / I ' O! 158. 11--------·-------.ful.&l,l.l.JlJ:' .. C.o.un.9.1l •. Me~ting, .. .S.Qptemb.er __ 6 ... _19.71 .. __ :_ ____________ _. Of course, this response and the action or inaction of i residents in accepting or acquiescing to the proposals cont letter of July 28, 1977, are not and should not be as a r elease of any claims that may exist. elieve it therefore appropr iate that we be in a position to to the City Council fo r action a zoninf ordinance Which nnllr:Uo<L IV acceptable to articulate the s Specia Development DiHLJOI.I.!UI set forth in your letter together with a proposed ~~Hu<~u,;~~,~~ for ~o~~,;~l consideration to set in motion the va r ious other contemplated. With the foregoing in mind, therefore, I would be hopeful that can therefore proceed in a united fashion before the City Council at its next meeting to request it to carry forth the proposals set forth in your letter of July 28 with the qualificaM tiona herein expressed , Yours very truly, HENDREN AND ANDRAE 1 By /s/ Alex Ba r tlett Councilman Wildhaber moved that the Resolution be adopted, The passed with eight Councilmen voting Aye and two Councilmen voting Nay. following communication was ordered to become a part of the permanent record, on motion of Councilman Wildhaber: • Thomas Benton, Planner, on Ci ty, Ho. September 2, 1977. I am writing on behalf of mys elf and my wife, Dorothy E. ler, and as attorney for all the other owners, namely Robert E. Dallmeyer, Jr., Richard P. Schneider and Charlotte c. Schneider, his wife, E. G. Linhardt and Hargorot L, Linhardt, his wife, M, C, Rippoto and Barbara L. Rippeto his wife, and nillie J. Dawson, of tho real estate which is located in Section 4 Township 44 North, Rnngo 12 West, which lies south of North Ton Mho Drive in Jefferson City, Cole County, Mi s souri. Please bo adviood that we are very much in favor of tho proposed expansion and improvements of North Ten Hile Drive, We also renli2e that to complete said improvements tho City of Jefferson may need to acquire additional right-ofMway, and we are willing to donate to the City of Jefferson our share of said additional right-ofMway south of North Ten Hile Drive up to 50 feet from the exis ting rightMofMway. Further, we have discussed with you the City's interest in controlling access along North Ten Mile Drive to fac i litate the flow of traffic, and we will cooperate with you as much ao possibl however, nothing contained herein shall be construed in anyway to limit our existing right of accesses along North Ton Mile Drive. Very truly yours, /s/ David R. Goller . Greg Boea, Eagle Scout, from Immaculate Conception School, was introduced to the Council. -· ~ -------M Robert c. Schulte, Chairman of the Parking Authority, presented the following report to the Council: The Parking Authority met at 7:30P.M., Tuesday1 September 6 1 1977, with Robert Schulte, Vincent Borgmeye r, James Tnoma s , Charles Czarlinsky, Wilben Dill, Roger Verolues and James Hartley present. On motion by Borgmeyer, and seconded by Dill, the Parking Authority recomm ends to· proceed with an engineering contract, in accordance with the contract· hereto attached, with Veraluea and Associates. This contract is in connection with the two parking facilities proposed. · Is/ Robert c. Schulte, Cha~rman, Parking Authority. AGRBEMEN'l' BETWEEN OWNER AND CONSULTANT OWNER-Parking Authority CONSULTANT-R.F,Verslues & Assoc.Inc City of Jefferson 705 E. McCarty Street, Jefferson City, Missouri. Jeffer son City, 49 I I I 159. ----·· -·---·---·· .. _ .... l!~~.t~r .. C~~nc1,~ .. l'f~~~J~s •.. ~ e.Pt;~w.~ ... ~ . .._..! ?._?}_. __ . ·-·-·-· ·--·--·-· -·-·-- I I FJECr --ii~:~ar~l~~f~~P~Hii:~-~~-~=-~:~s-~~~·~;·-----·-- a. Jefferson Street Lot ~ Parking AuthoritJ Report. 1i PROFESSIONAL FEES • Fee shall be based on the following rates: A. Riley Lot: 6 1/4?. Construction Coot B. Jefferson Street Lot: 5 3/4% Construction Coot Foe shall be payable as follows: A. Riley Lot · 35% Completion of Preliminary Design and Est~ate ·857. Completion of Final Design, Drawings, Specifications, and Bid Documents 907. Completion of.Signing Construction Contract 100% Four (4) equal payments as construction progresses (25 -50 -75 -100%) B. Jefferson Street Lot Hourly rate for site analysis: Not to exceed $5,500, Rate: ~25,00/hr. Principal 20,00/hr. Design 15,00/hr. Drafting 10,00/hr. Clerical 35% Completion of Preliminary Design and Estimate This section will include the costs incurred under part one for site analysis. 85% Completion of Final Design Drawings, Specifications and Bid Documents 907. Completion of Signing Construction Contracts 1007. Four (4) equal payments as.construction progresses . . (25 -50 -75 -1007.) **NOTE: Services for the Jafferson Street Lot do .not include redesign to existing buildings adjacent parking otructure. Said services shall be negotiated ao amendmont to this contract if required, GENERAL CONDITIONS OF AGREEMENT A, RELATIONSHIP OF CONSULTA~r TO OWNER: ~8, c. D. The relationship of Consultant to tho Owner shall be that of Consultant undor direct Contract, CONSULTANT'S SERVICES: Professional services shall include: 1. Consultation with the OWner to discuss the scope and nature of tho project; Preparation of proliminary studios; 2. 3. 4. 5, 6. 7. Coordinate all field ourvoy and aubMsurfaco investigation; Evaluation of·all inveotigations necessary to establish safe value; Prepare Preliminary Layout and Estimates; Calculating of Design; Preparation of detailed working drawings and coordination with all design work; 8, Submitting adequately dimensioned and detailed.plans and controls for· specifications relating to design requiremont 9, Checking· of ohop drawings and details; · 10. Periodic visits (at Consultant's discretion in general . advioory capacity~ not complete supervioed inspection), EXTRA SERVICES AND ADDITIONAL COMPENSATION: If after Consultant 1 o design and working drawings are oubstantially complete, a major abnormal and fundamental change to preliminary studies or working drawings or specificationo shall become necessary through no fault of the Consultant, he shall proceed with· the· required extra · . services upon written authorization of OWner and shall be additionally compensated therefor br payment to him ·of a · .. sum of $25.00 per hour for Principa , $20,00 per hour for Design, $15,00 per hour for Drafting Services, and $10,00 per hour for Clerical Services, . RESIDENT INSPECTION: . 1- During the construction of the project; the Consultant will agree to furnish resident inspect~on services at a rate of $12,00 per hour (not to exceed $150, per day). Resident services will be provided only after receipt of written authority from the .Owner. 50 I .I 160 • .. ·-··· ......... ---· ............. .Regular .. Council. Meeting, .. Sept em\>~,. .6.,. 1.977 ...................... "·----·-·- ···ni:--·-~~~~~a~~R;~~:!N~~r~~~·~~-·~~~~--~~-~~is~~~;·~~;~~~-:~~~-~~·~~-.-f II utilities, etc., and shall endeavor to have the .data as ~ I complete as ppssible. It is the responsibility of the :· II Consultant to inform t he Owner of any information which may be ii 1 lacking. Borings or test pito, structural or other tests of ,' 11 rnatedRls, equipment, or w6rkmnnship, whether made at job or .i' lj elsewhere, shall be furnished as ma y be required and Consultaru:r . shall be reimbursed for (actual costs times 1.1) for il 1 .1 coordination. : I Legal surveys, topographic and utility surveys shall be !I I. furnished by the Owner and be responsible for corrections of :! 1 '1 same. If provided by Consultant , Ownet shall r e imburse f I Consultant for such services at coat times 1.1 (cost x 1.1), 1! ;if, PRINTING AND REPRODUCTION: ;; :: Consultant will furnish all nec e ssary plans and specifications i ,I and contract documents, and shall be reimbursed for actual :: !; printing costs. Parking !I· Prints {2411 x 36 11) @ $. 75 each !:Authority i. Specification Copies (8 1/2 x 11) @ $.10 each ·,Report, II Postage at actualcost. : G. OWNERSHIP OF DOCUMENTS: I · Original t r acings and documents are and shall remain the !, 11 property of the Consultant unless otherwise agree d upon. 'I' :!H, TERMINATION: j 1; In the event the prime contract is terminated prior to .j !: fulfillment, and for all completed stages of this contract, 1 :1 il the Consultant shall be paid the sum stipulated herein not I j! already paid, plus actual coo ts of his services, including I ,, overhead, rendered for any partially completed stages to the 1! il' date of termination. :l 1.1 . ARBITRATION: .' :i Any controversy or claim arising out of this agreement, or j: I! broach thereof, shall bo settled by nrbitration in accordance .J '· with the rules of the Ameri c an Arbitration Association, except,'! ;!· however, in ouch arbitration there shall bo three arbitratorq jl : as follows : ·I :· 1 . Owner Representative ' ;: 2. A registered Design Pr ofessional h ,. 3, A third . pa r ty solcctod by tho other two. II· liAccEPTED: (OWNER) ACGEPTED: DESIGN PROFESSIONAL j I' /o/ Roger F. Vorslueo ! Title: Title: Rosidont I R.F.Vcrolues Asooc,, Inc, Consultant Dated at this day of 1977. ~ Councilman Rackers queotioned Mr. Verslues in regard to the agree-II ment between the owner and consultant, since it appeared to him U I that both parkinf facilities were for final design. Mr. Verolues lj said that it wou d be done step by step as approved by the Council, Councilman Borgmeyer moved that the report and site analysis II be approved as outlined. Motion passed, I. I I ----~ -----~ The name of Stephen. c. Coller was submitted for appointment as !!Appointment I Probationary Police Officer, effective September 15th. II Police Councilman Whitecotton moved that the appointment be approved. ·i Dept. Motion passed. · · 1: lA request to vacate a ;t~~ dr;i~age-e;s;m e~t between Lots 272 and i! 273, Landwehr Hills Subdivision, Section 8, was received from ~Street Central Missouri Professional Services, Inc, '•Comm ittee The reque st was . referre d to the Street Coll'IIlittee. ~! ---M ----- -M A print of the proposed replat of Fox Ridge Subdivision was !tPlanning & received from Central Missouri Professional Services Inc. nzoning The replat was referred to the Planning and Zonlng Co mmission.!lcommiosion. ------~ ---~ Prints of the preliminary layout of Hubie Neutzler Development :Planning) (Rolling Hills) were received from Central Missouri Professional j& Zoninf Services, Inc, 1 commios The prints were referred to the Planning and Zoning Comm ission 51 I I I 161 • . Regular Council Meeting, September 6, 1977. ··-~·---·Planninsfi .request· ·.:c,·. ra:eono lllnd for windsor. Developmont .. C~rp.~ration l rclm ·--r I & ZoningijRS -2 to S and RD was received from Central Missouri Professional r Conuniesion'· Services, Inc. The request was referred to the Planning and Zoning Commission.:· Planning.:Pdnts of a preliminar; ;l;t-o~ Se~tlo~ 2 of Fox Scott Subdivision ;~ & Zoning. were receiveCJ from Richard S, Groner, Partner, Eastlanders, ;: Commissiom The prints were referred to the Planning and ZoningCommission,1i " Appointment -The application of Steven L, McMurtry fo.r the position of eleanor Bus ·;and driver for the Transit Authority was submitted to the Council. Driver,_. Councilman Borgmeyer moved that the appointment be approved, ~ ~ I ,Motion passed, Director.Petitions were received from residents of Haaf Drive and North of Public Drive for the Council to form a Sewer District to serve their Works and properties, Str eet · The petitions were referred to the Director of Public Works Committee and the Street Committee, Missouri Petitions were received for street lights for the following areas: Power .: One light to be placed between 2711 and 2715 Schellridge West; and Light , Lights on Ladue Road, pE.\'ticularly in the 11 cul de sac"; and Company.: Lights to be installed at 208·212 and 216-218 Woodridge Drive. ;·The petitions were referred to tho Missouri Power & Light Company :for recommendations. ------~ . --Health ·!Councilman Hager, Chairman of th~ Health Committee, stated that Committee:; Chester McKinney, Director of the Health Department, had l:equested .:that his employees be sent to a Conference on food services at the :;Lake of the Ozarks. It would cost $250,00 which the Council had l: approved in his bud got. ;l Councilman Hager moved that the employees be allowed to go, •jZ.Jotion passed. :~Councilman Whitecotton: Chai~~n-of ~h; Polico Committee, ] the following r(!port: !: •J f. ': :;Tho Police Department Committee mot in the Council Chamber at 7 :30 ;-P ,M,, Wedneadny, August 17, 1977, just prior to tho meeting of the · .Finance Committee, Members HcDowell, Hartsfield, Wildhaber and ·.Whitecotton wore present . Chief Patton was also present, : On motion of tUss McDowell, seconded by Z.Jr, Wildhnber, Chief ,Patton was authorized to advcrt1so for bids on an Automatic :! Pdnter, Processor and Dryer for which the sum of $2,250.00 had .been approved in the current Police Department budget. . Police ' There being no further business the Committee adjourned, r Committee;! Respectfully submitted /s/ Thomas E. Whitecott on, Chairman, i: Report ·I fl! t: Mr, Mayor: I might also mention that although a quorum was not 11 1! present, Mayor Hyder, Miss t1cDowell, Chief Patton and myself met n. ;l with Mr, Jablonski and another member of the Firm of Jablonski and lj •I Aesociates1 at the Police Department Headquarters at 7:00 P .M, , ~ ' ';August 16tn, and reviewed a sketch of the proposed Police ' !·Department Building, . I After a general discussion some suggestions were made as to ~ !changes in the general design of the building more specifically ~ · relating to the west and north sides of the building, 1 'I It was also agreed that Mr. Jablonski would meet with Colonel · I Patton as often as necessary to work out the size and location of .;the various offices and rooms to be provided in the basement and on•~! . 1 the first floor. . . . : l The next meeting with Mr, Jablonski was scheduled for . ;I Sept ember 7th, ho-wever, we were later informed by Mr. Jablonski 1j i: that he had overlooked a prior coPII!littment on that date and would ; 1 ~~not be able to appear. . . . 1 !I A meeting has now been scheduled for 7:00 P.M., ~londay j! ;1 September 12, 1977, at Police Headquarters·. 1! l! Councilman Whitecotto~ moved th.at the report be fil~d. Motion ~~ i\ passed, . . _ ·" •. -. _ •· _ _ .; I ~ ~ !• 52 I' I! r / I / I / 162. .Regu~~r. C!>un ~U. ~.l(!et:l.t:JS 1 Sop~omb.~r. 6.1 __ 1.~7'1· ~-·~--··------·-··--·-·-... --·---·-·------·····--·--··-·-·--········· ---··-·-----·-·--. ·-----~~- 11 Councilman Hager, Chairrnnn of the Fire Co!Nllittee, presented the li !• following report: · ·! liThe Fire Department Conrnittee met on Tuesday, August 23rd in the I• Council Chambers at 7:30 P.M. Present were Fire Chief Willmeno il and Council members Hager. Rackers, WUdhaber and McDowell. :, Chief Willmeno informed the CoiTIIlittee that Fireman Paul l' Johnson had been retired on a disabilit)' pension of $400,00 ~er ;'month. approved by the Pension Boord, after hearing a Doctor s •;report. Mr. Johnson· has only been on the Deportment for seven ~ears and this led to considerable questioning by the Committee ;·membero, .; Councilman Wildhaber made a motion, with a second by Mr, ·~Rackers , that an inveotigation be made no to the port time .1ob · ' Fireman Johnson may hove hod that might be related to hio illness. ··Motion was carried, : Chief Willmeno preoented the o.pplicationo for approval. Jock ~ Brady was approved as a reJ>lacemont for tho aforementioned Hr, ·:Johnson with employment effective September 15th, Annual Salary ;=$8,115.~0. Other applicants approved for employment November lot, ::are sa follows: Jack Howard "Kenneth Finke ~ Roy Thompson -at ·!an Annual Salary of $8,115.60. Committee memboro based their l: a pproval on the recomnendation of the Fire Chief, i Councib1omo.n McDowell asked Chief Willmeno why do the trucks i: use High Street Hhon going e ast to a fire. Fire Chief Willmcno :~repli e d simply that in many caoes High Stroot is tho ohortest ;; distance to the fire. 1: Chief Willmeno made a strong plea for an additional fire i;fighting unit to bo uood to fight fires at gasoline bulk plants, jtchemlcal plants and ouch factories as McGraw-Edioon and others. ;:Also included would bo Airport firosi such as crushed planeo, etc. IThis Unit would be a dry powder mobi o truck. ·, Councilman Rackers made n motion, with a second by WildhaboX', :: that Chief lnllmeno advertioe for a 4~whael drive truck and to · equip it aa needed. The total amount should be approximately . 1:~25,000, which amount would bo token out of Heavy Equipment Fund: .. It was called to tho Committoo 1 o ntt ontion that a Police '· Captain 1 a moxim\Un salary shCiwn in n recant report by tho Accounts j1 and Claims Committee, te~ bo grantor t:han tho ma x imum oalnry of tho 1 ·1 Fire Chief, who is reoponaible for many thousands of dollars worth 1!of equipment. Tho maximum for a Police Cnptain is $18,720.00 ij · Fire Chief is 17,250.00 · The Committee promised Fire Chief Willmono thio would bo looked into, Meeting adjourned at 9:30 P1M. Respectfully submitted, /a/ Harvey Hager, Chairman, Councilman Hager moved that tho report bo filed. Motion passed, Counc:f.lman Hoger moved that the Council advertise for the dry .powder mobile truck, to be paid for out of Heavy Equipment Funds. . Motion passed. Councilman Wildhaber, Chairman of the Finance Conunittee, presented the following report: The Finance Committee meeting held in the Council Chambers, August 17th, 7:30 P,M. The Committee heard a re~ort given by Bill Rootes on the City Audit , After the report the following motions were made and · adopted. Motion made by Ed Rackers that the Public Streets, Expressway and Right~of~way Fund money be transferred to Capital Improvements Fund and these Funds be terminated. Motion passed. .Fire .committee Report, .• ;, ii ~! ~: Finance "Committee ~aport. . Motion made by George Hartsfield that Treasurer show itemized investment of funds by amounts and maturity dateo and where invested . Motion passed, . Motion made by Da r rel Gordon that the Park Board be instructed,: to have adequate liability insurance! adequate limits of liability : insurance in general and auto liabil ty. Motion passed. ': Co~m~ittee heard from Joe Biela in regard to P ,A. System for the:: Council Chambers. Motion made by Darrel Gordon that specifications•: be drafted for a P.A.System for the Council Chambers , Specs to ;; include that all special equipment provided be from the some ;: Company. adequate to do the job, ana that we advertise for bids. ;, Motf.on passed. ·• Respectfully submitted, /s/ Ken Wildhaber, Chairman. 53 I I I I I I I 163. -·----· .. -·---·· _ ...... R~g~lg, Cg~ncq 11e~_ti:ng ... $~pt;~mb~r ~ •. ~97.7. ........................ _ I I counCiiiniin-tiiidilab·a·r-·.novid .. t:ii~i .. t:'h~--re'Po.rt .. be .. iiied.--Mo.ti~-n··p~-is~d~-. ---------~ 1: Councilman Gordon, Chairman of the Street Committee, presented :: ·. the following report: i! I ~ ~Meeting of the StreetCommittee held Tuesday, September 6th, in the :; ;· Co\U\cil Chaml.ler, and made the following recommendations : :: ! 1. Hire Cindy L. Rozier at · the Department of Public Works, at ·: ::$530,00 per month, as Receptionist-Typist, with 4% increase at the ! 1 j' il end of six months. •l 2. Merit raises for Herb Goeller and Jerry HOckman of $30.00 per U ~month startins October let, was approved, 1: ~3. Approved ~150,00 for Tom Benton to attend Building Officials ·1·i ';Conference at Lake Ozark a. !'' :14. Approved $600.00 for Lee Parachal to attend Water Pollution Street ·.Control Federation. CoJmllittee:j 5. a, Agproved 3 additional blocks of downtown area for overlay: Report •. : 2 0 block Jefferson; 400 block Enet High; 200 block AdllJI!s, .: b. George Hartsfield appeared before the Committee to request ,:additional overlay of streets in the west end -Boonville Road .'207 ·317, Ridgeway Drive, Livingston, Norris Drive and Industrial ;i Drive. After some discussion the Department of Public Works was :1 directed to determine additional streets throughout the City for j. possible ovor:lay -with fWlds which would be loft in the Capital 1 :1 Improvement Budget • · 1 11 6, Approved payment of overrun for drainage structures on Grant i1Street Project in the amount of $14,852.39. Pavement will be made I ~from Capital Improvement Fund to Housing Authority, · I :1 7. Approved Capital Improvement Funds for payment of $7,000.00 to ;: Callnwar County Special Road District for rebuilding of bridge, I :!8. Al owed Ron McMillan to withdraw his request to vacate a 20 1 'I alley adjacent to 510 Jackson Street, and granted him permission to 1 1 ~use area for parking of people living in building. · 119 . Instructed the Department of Public Works to contact George ~ =tMin~o on Haaf Drive in regard to curb and gutter settling and ~ 'I ponding water in front of hia residence, · ~ : 10•, Approved the selling of City R/W along Grant Stroet for $500, P. ij Thoy would still be assessed $650.00 for tho improvement of Grant ~ 1! Street. ~~ Robort Dippold•.and James Loesch .. employment applic_ations ;: considered @ $3,25 por hour in General Mnintanonco Cntogory Ill. :1 Merit ratso requested for Herb Huhman fl:\lm $4.41 to $4 .61 por : 1 · hour. Movod to approve by Mr. Robinson, aocondod by llorgmeyor and 1 motion passed, J; Respectfully submitted, /s/ Darrel Gordon .~ • ~ II 'I ~ ~Councilman Gordon move~ ~h~t-t~e .r~p~r~ ~e filed . Motion p~ssed, ~ Coble !I Councilwoman McDowell uta ted that the International Telemeter ~: TV, :Company had still not hooked up some twenty applicants who live ! I· within the required 500 1 • · • · • • i! Mayor Hyder enid that their problem !a lack of funds and . ~ :• trained personnel, · ·. ·• · : 1 1 Councilman•Hartafield moved that repreaentatives of Internatio • .al Telemeter be asked·to appear before the Council to explain the :1 financial statements which were sent· to·· the Council. · Motion passed !11 Councilman Robinson· requested that they also bring an up to ' date audit·. ' · Parking I The. following report of th; Pa;ktn; Auth~rity was pres~nted to .the Authority j Co\U\cil: . · · · · · ,. , Report,: . I jThe Parking Authority met at 9:00A.M.~ Tuesday, August 23 1977 ~ 1. with Robert Schulte, Vincent Borgmeyer, F, E.-Robinson, Wtiben Dh~ :i James Th'omas, 1-fike Bates, Roger Vera lues·, and James Hartley . ~ !i present.. Charles Czarlinsky was out of town~ · ~ 0 ·Roger Versiues, engineering· consultant, presented ·a · report·:on t! lithe different possible sites for additional parking garages in the ?. , downtown area. · Theo sites .. diacussed ·the lot next· to the Jefferson V, ·!!Building, a lot· next to the Missouri Power & Light Company; the· lot ~ 11next to the Big B Cleaners. and a lot on McCarty and Aaams Street . ~ ·i It was determined after much discussion by businessmen and ,; ~I me mbers that the lot next to the· Jefferson Bui·lding and the lot ~ il behind the parking garage showed much more interest· and demand than.j ~the other three sites, which were considered too far from the core ~ I area, . . . · : 54 I I ' ; I 164, ..•....... Reaular Council Meeting,. Septemb.er 6, 1977, . I~~~ ~:~~~~~~b~:T~~:8 ~~~~t;8 i~o-~~~~~i -efiF;~~r·~~i~~~t1 ~fo~~t~~~ ---~- i two parking garages, one next to tho Jefferson Building and one neKt ji to the parking garage. Revenue Bonds were r ecommended to finance ·: ·i the structures, ;1 ~ The vote was Thomas and Dill in favor, Borgmeyer and Bates liagainst. Chairman Schulte broke the tie in favor. Cz arlinsky ::voted absentee in favo r making the final vote 4 to 2 in favor. :1 ;! /s/ Robert c. Schulte, ;; !i Chairman. .• I ~ !i The report was ordered filed. :; !i The following report of ;h; Airport Comm ission was presented to the ~; !! Council: : ~A meeting of the Airport Commisoipn was held at 12:30 p.m., TuesdayJ· 1'August 23, 1977, at the Jefferson City Memorial Airport , Those ' ';present were: Mr. Hugo Ochsner Vice Chairman; members present were I ·Munzell, Bates, Whitecotton, Ot~. Gordon, Borgmeyer, Miller and Aitport :Rackers. Also present were J. Stauffer, News Tribune and John Comm ission ,: Randolph, Airport Manager, Repo r t. 1 ·: The minutes of the July 26, 1977, meeting were presented and · 1 there being no objections or corrections Mr. Z.liller made a motion l·l to accept the minutes as presented, The motion was seconded by Mr. Munzell and unanimousl~ adopted, !I The financial report for Aufust, 1977 • was pre sented, After ;! ~discussion Mr, Gordon made a mot on· to approve the report, The ;: 1;motion was seconded by Mr. Ott and unanimously adopteil, ·' 'i Mr. Randolph rilportod that he had talked to Mayor Hyder about !; i' tho Lincoln Property transfer. Mr. Hyder said that all the ·, '·documents had been forwarded to Dr, Frank of the University and thad; 1; he had not heard anything from him . !, !: Mr. Randolph requested travel authorization to attend the ·· ;I Airport Operators Council meeting in Las Vegas, September 16 thru !. September 23. After the discussion, Mr. Whitecotton made a motion r ;to approve the travel 4uthorization, seconded by Mr. Borgmeyer, and ·. :. unanimously approved, • Mr . Ott reported that the steel was beginning to arrive for )the construction of tho New Jefferson City Flying Service hangar :and that erection should begin sometime this week, •, Mr. Randolph reported that the F,A,A , had approved the overlay ~paving on the 30/12 runway. They have not approved the shoulders , ~Jefferson Asphalt will start reworking the shoulders someday this i~week and when the work is satisf~ctory, the F.A.A. will be II requested to make a final inspection for the entire job. ' Mr. Randolph reported that he had attended a me e ting of the ;: ~City Council Finance Committee regarding the 1977-76 budget receiv•. ~ing several guidelines regarding the budget prb~ess. He planned to . ,,have a meeting with the budget and finance committee of the Airport, '1 Colll!lission within the next ten days when he will have a preliminary ;~ I budget ready for their action. · 11 The Central Trust Bank presented an Assignment of Real Estate :1 Release and Agreement, fiving them the right to assume the lease of!: ,1 theNew Jefferson City F ying Service, should they default in their •, ~ payment to the City . Mr, Randolph reported that Mr. Hendren had :: ! reViewed the form and that with certain changes in the form, it ·: would be acceptable, After discussion, Dr, Miller made a motion to ~ authorize the Chairman of the Airport Commission to sign the :· !'document provided the necessary changes, as requested by him, were :! I; included. The motion was seconded by Mr. Ott and unanimously :· :adopted, ~ :: ·The purchase of a new fire department foam truck by the Fire :;Department was discussed, Chief Willmeno had reported that the ~funds were available for the unit at an estimateil cost of $25,000, :; During the discussion it was pointed out that such aHdition would dbe of great value should an emergency occur on the airport involv· !! ing an aircraft fire , After discussion! Dr, Miller maae a motion :1 that the Jefferson City Airport Commies on go on record as 1 1!' recomm enaing the purchase of the above mentioned truck as on addi- , tional safety factor for the traveling public using the airport, I . The motion was seconded by Mr. Ott and unanimously adopted, Mr. Randolph suggested that the September meeting of the , I Airport Commission be held on the 4th Thursday of September :! 1 (September 29, 1977) due to the fact that he would not be returning1 ' from the AOCI meeting until the 27th of September. After diucus• :. · sion, Dr. Miller made a motion to call the September meeting on :i ,. 55 I! 1 .. .I I f ' I I 165. ····-···-··----· ··-·-··--·· .... Regular Council Heetipg, September 6, l-977. ... . ..... ·-·--····- -~--···---········-lS;ptemb~r""-·29, 1·977 ino.tead ··of. s~pt~mb~~ ·· 27, -19-7"7":-·-ih~-~~ti~~--;,;-··r- A discussion was held regarding the installation of limited · 1 I seconded by Mr. Hhitecotton nnd unanimously approved, ,. . :time parking signs on the · front row of the parking lot, It was .j:po:l.nted out that cars were parking on the front row sometimes as imuch as a week at a time. .After discussion, Mr. Gordon made a ··motion to install signs on the front row of the parking lot for a ::trial period of 90 days, limiting the parking in that area to a :•maximum of two hours. Seconded by Mr. Borgmeyer and unanimously " ·4dopted, Mr. Bates, Public Works .Director, said -that he would see fl· .'that the signs were made and installed as soon as possible. 1 !1 There ·being no further business, the meeting was adjourned at j :1:15 P.M. ~ ! Respectfully· submitted, /s/ John B. Randolph 'I Assistant Secretary. li ;i The report was ordered filed, il : ----------'I Bill 62. ::Bill No, 62, introduced by Councilman Borgmeyer, entitled: j1 Voting ·;"An Ordinance of · the City of .Jefferson, Missouri, amending :' Precincts :Ordinance No. 9022, which established voting precincts in t he wards :; :of the City and defined the boundaries ther eof. 11 !I :; Read drat and second time by title and ordered distributed to I! ·:members of the Council: _ _ _ _ _ _ _ _ _ ~~ Bill 63, ·inill No. 63, introduced by Councilman Borgmeyer entitled: .. Transferi "An Ordinance of the City of Jefferson, Missouri to purchase ;I of land': forty-two (42) acres in Callnway County, Missouri, and to exchange il to Lincoln'ithnt parcel for a like tract of forty-two (42) acres adjoining the lj Univeraity :Jefferson City Memorial Airport; and authoriz ing and directing t he !1 · !,Mayor and City Clerk on behalf of the City of Jefferson t o make, I' I :execute and ·dolivcr all proper and sufficient writings, deeds or 1 instruments to effectuate the terms nnd provisions of this 'I ·ordinance." · · ~~ ·; R<!ad firot and second time by title and on motion of Council-1. :Hnan Borgmeyer 1 tho rules were ouapended and the Bill was read the ,1 third time by title and · placed on final pas sago and wns passed by '! the following voto as Ortlinonco No. 9024: '. Councilmen voting Aye: Borgmeyer, Ut:ant 1 Gordon, Hoger! llnrtsfield~! · · · McDowell, ·Rnclters 1 • Robinoon,. Whttccotton :! and Wildhubor. -~ ·Councilmen voting Nny: ·None · 1' 'Councilmen nbsent: None. , ... : ., Dill 64. Bill No. 64, introduced by Councilman Gordon, entitled: . i' Contract-"11An Ordinance of tho City of Jefferson, Miasouri, authorizing and i! Cedar directing the Mayor and tho Clerk of ·the City to execute an ~. City. · Adendum to tho contract with Cedar City for the treatment of sewage'}, Read first and s econd time by title and ordered distributed ~ . to members of tho Coun~i~. __ ~ _ _ _ _ _ · I! \ . BUl 65, Dill No. 65, introduced by Councilman Gordon, entitled: Vacating .·"An ·Ordinance of the City of Jefferson, Missouri, vaeating and I Holiday ;and 91, Holiday Hills Estates,.Section 3 1 reserving to the City an Hills ·,easement i n the right o f way vacated for sanitary sewer surface • Estates.:, water drainage, and public utility purposes, and authorizing and 'directing the Mayor and Clerk of the City to e xecute all instrumen . . :1 required to confirm in the abutting property owners their right of · :. reversion in the vacated area, 11 • ,' Read first and second time by title and ordere d< distributed I' ::to members of the Coun:i!\ ... ~ _ •: _ ... ... I Bill 66,;Bill No. 66, introduced by Councilmen Hager and lfuitecotton, ·G Amending: entitled: I' Parking r "An Ordinance of the City of Jefferson, Hisaoud, amending '! and ~Ordinance No. 8177, The Parking and Traffic Code, by :prohibiting Traffic ~; parking on a portion of Madison Street. 11 ii Code, '! . Read first and ·second time by title and on·. motion of· Council .. ji i; man Brant!· the rules ·were . suspended and the Bill was read the third :! ~·time by t tle a nd placed on final ·passage a nd was passed by the 1 1 following vote as Ordinance No. 9025: · . · · ·: .: · · 1 Councilmen voting Aye: Borgmerer, Brant, Gordon, :Hager!· Hartsfield,!~ 1 · McDowe 1, Rackers, Robinson, Wh tecotton I ~ and Wildnaber. · Councilmen voting Nay: None Councilmen absent: None. 56 I i I 166, Re gular Council Meeting, September 6, 1977, -·~a iii ··N~·: ... 6 7., ... -int·~~-i~~~d .. by ··c:~~~ct1me~ ii a.gor ~O:ci \fu'it.~c.~tt~O:, ~entitled: . ~"An Ordinance of the City of Jefferson, Nissouri, a mending .'Ordinance No. 8177, The Parking end Traf fic Code, by pr ohibiting ;1parking on a portion of Bast Miller Street bet~ en the hours of :•eight o'clock a.m., and fou r o 1 clock p.m." ~ Read first and second time by title and ordered distribute d :!to members of t he Council. '! 0 0 0 ----~~---- !Bill No. 68 1 introduced by Councilmen McDawell and Borgm eyer, !'entitled: ·· ;:"An Ordinance of the City of Jefferson, Missouri, accepting and ·,approvin8 the plat of Medical Park Subdivision, a subdivision of .:the City of Jefferson, Missouri, as hereinafter described." i' Read first and second time by title and ordered distributed :'to members of the Council. i~Bill No, 69, intr oduced by Co~n~iim;n·B~r;m;y;r and McDowell, :'entitled: ,. 11An Ordinance of the City of Jefferson, Missouri, accepting and :appr oving the plat of Spring Valley Subdivision, S e ction Two, a ',subdivision of the City of Jefferson, Missouri; as hereinafter :·described, 11 :1 Read first and second time by title and ordered distributed hto members of the Council. · ~ ----.. -.. -·-.. ,iBill No. 70 1 introduced by Councilmen Rackers and Brant, entitled: j~ "An Ordinance of tho City of Jofferoon , tliosouri, accepting and !:approving the plat of Camelot South Subdivision, Section Two, a ::subdivis ion of the City of Jefferson, Misoouri, ao hereinafter :·deocribed,11 • . • , . : Read first and .second time by title and ordored diotributod 'to members of tho Council. ~Bill No. 71, introduced by Councilmen Wildhnbor and Robinson, ,,entitled: . ::"An Ordinance of tho City of Jefferson, His souri, accepting and :approving the plat of Loandn Addition, Section One, a subdivision ·,of the City of Jefferson, Misaoud, os hereinafter c.lescdbod,11 ' Rend first and second time by title and ordered distributed ; to members of the Counc i l. lili'li' "67': ....... __ 'i\mending I Parking and Traffic Code. Bill 68. Plat of He dical Park Subdivision. Bill 69. Plat of Spring Valley Subdivision. Bill 70. Plat of Camelot South Subdv. Section Two • Bill 71. I Plat of Leanda Add, Section One, ~, .... ------.... 1Bill No, 55, introduced by Councilmen Wildhabcr and Robins on, Bill 55 . l'entitled: · Amending r=''An Ordinance of the City of Jefferson, tliaoouri, changing, Zoning Mmending and modifying the Zoning Map of tho City of Jefferson, by Map, !~mending Or dinance 6508, by rez oning property located in tho Ed-Nor 11 East Subdivision of the City o f Jefferson, from RS ~4 Single Fnmily ;:to RA Multiple Dwelling." . ;I Bill No, 55 was rend the third time by title and placed on . i final passage and was passed by the following vote as Ordinance , I No. 9026 : . Councilmen voting Aye: Borgmeyer, Brant, Gordon, Hager! Hartsfield;· I~ McDowell, Ra ckers, Robinson, Wh tecotton 1 andWildhaber, 1,councilmen voting Nay: None 1! Councilmen absent: . None. :j Bill N~. 56 1 . introduced by Councilmen Hager and White cotton, '·Bill 56. i: entitled: . 'Amending ~"An Ordinance of the City of Jefferson, Hissouri, changing, amendi~· Zoning nand modifying the Zoning Map of the City of Jefferson by amending . Map. ~)Ordinance 8508, by rezoning property located ·in the Wolff's 'I Subdivision of the City of J e f f erson, from RD Duplex to M2 General !Industrial. 11 !~ Bill No. 56 was read the third time by title and placed on ~final passage and was passed by the following vote as Ordinance . No. 9027: jj Councilmen ~oting Aye: •I ~ ~Councilmen voting Nay: ~Councilmen $bsent:. • 'I I Borgmeyer, Brant, Gordon, Hager! Hartsf ield, McDowell, Rockers, Robinson, Wh tecotton and Wildhabe r, None None • .. ---.. --- 57 ,. r! •i I I . 167. --·--··· ·-· ·---·-···-J\_eg~1o,~ ... C.llu.~ci~ Jt~et; i,ng, S.~Pt~!Pl}~~-J>., ... l~]J ,. __ ...... ··--_ ---·---··· _ ·- ~ --------·· .. ·-·-·········--·---···-··-·----·---· -·-·--··---·-----Bill No. 57, introduced by Councilman Borgmeyer, entitled: I "An Ordinance of the City of Jefferson, Missouri authorizing and ~directing the Mayor and the City Clerk of enid c!ty to execute on . ~behalf of the City, a lease on certain pro~erty at the Jefferson !:City Memorial Airport leased to the New Jefferson City Fl ying ~Service Inc ." ~ Bill No. 57 was read the third time by title and placed on I Bill 57.~final passage and was passed by the following vote as Ordinance Lease ~No. 9028: Airport ~Councilmen voting Aye: Borgmeyer, Brant, Gordon, Hager, Harts f ield J ,C. ~ McDowell, Racke r s, Robinson, Wh1tecot t on · Flying ~ and Wildnaber. Service.r.councilmen voting Nay: None r:councilmen absent: None, .t .. - - -.. -.. Bill 60.:Bill No, 60, introduced by Councilman Borgmeyer, entitled : Salaries !: "An Ordinance of the City of Jefferson, Missouri, fixing the of City :; salaries of City Appointive Officials and Employees, and repealing ~ Officials ;. Sections 2 t hrough 11 of Ordin ance No. 8503 of the City! and all and ;j other Ordinances of the City, or parte thereof, in conf ict flnployees ;l herewith, 11 · ;1 Councilman Borgmeyer moved that Bill No. 60 be amended by j'l adding the following to the Department of Planning and Code I Enforcement: I MINHIUM MAXIMUM Monthly Annual 1-lonthly Annual II Administrative II Secretary $747.00 $ 8,964.00 $954.16 I• Planner 850.00 10,200.00 1, 033.00 ·I $11,450.00 12,396.00 !i Motion passed by the following vote: :!Councilmen voting Aye: Borgmeyer, Brant, Gordon, Hager 1 Hartsfield 1i McDowell, Rackers • Robinson, Wh1tecotton il and Wildhaber. :1 Councilmen voting Nay: None ~Councilmen absent: None, ;.councilman Rackers stated that the Bill should bo more consistent .;in regard to stop uystcm. The Police Department hao logical otep ;. and spreads, in tho Fire Department tho difference between Fire ~Fighter II and Ddvor ia $11,00; He alth Dopartment 1 the difference •1 botween Animal Control Officor I and II is $9,00; Airport, tho !·Control Tower Chief's maximum is highi3r than the Manager, and shoul :1 be in final form before baing adopted. ~ Councilman Harts field stated that he agreed with Councilman !: Rackers. · il Bill No . 60 was rend tho third time by title ond placed on :' final passage and waa passed by the following vote as Ordinance 1 No, 9029, as amended: Councilman voting Ayo: Borgmeyer, Brant, Gordon, Hager,Hartsfield, McDowell, Ro binson, Whitecotton and Wildhaber. Councilmen voting Nay: Rackers, Councilmen absent: None, Bill 49, Bill No. 49, introduced by Councilmen Hager and Whitecotton, Amendins entitled: & Traffic Ordinance No, 8177, The Parking and Traffic Code of the City of Code, Jefferson, by reducing the speed limit on a portion of North Te n Parking I"An Ordinance of the City of Jefferson, Missouri, amending Mile Drive and on a portion of South Country Club Drive, to I Thirty Miles per hour. 11 Councilman Whitecotton moved that Bill No , 49 be r em oved from the Informal Calender ond tabled. Motion pa s sed, I ----" -- - - -Co mputor.j Councilman Borgmeyer informed the Council that his Co mm ittee had me •!with the County Court in regard to a co mputer system. Central Data I! presented their program. It would cost the City between forty and -I J~ fifty thousand for them to do the tax bills. :Councilman Brant asked-if th; Mi~cheil·P;operty could be condemned,, 1 so tha t the extension of Ellis Blvd. could be completed, He 1 Bxtensio sugge s ted that the Housing Authority be aut horized to appr aise the :1 of Blli~ property . 11 Blvd .• ---• ----• -I I Councilllllln Hager moved that the Coun cil adjourn, und e r the r ul es. I· Adjournment. Motion passed, ___ • 58 II January 12, 2015 Jefferson City Planning & Zoning Commission 320 East McCarty Street Jefferson City, Missouri 65101 RE: The Country Club Drive Mall Development Dear Sirs ' Because we live on Country Club Drive we have been closely following the developments of the Capitol City Mall. It has come to our understanding that a new proposal will be heard this week by you, the Planning and Zoning Commission. We are defmitely not against any new development regarding the mall or our city but we are vety concerned about our neighborhood and are asking that you think very hard about the Planning Staff Report that will be placed before you by the new owners. We believe that you should stand by the contract that was written in 1977. This contract was vety carefully composed to protect the residents that surround the area and should absolutely not be overlooked or revised. Please do the right thing and not give this new proposal carte blanche approval. Thank you, ~~ / Ji~ and Jeanette Dulle 3319 Countly Club Drive Jefferson City, Missouri 65109 C t!: C tJ 0 n t. if Jill e.. Yl 'JJo h S Cf i VVl e.ll' att( l\ en Hvsse.. j 59 Stratman, Anne From: McMillan, Janice Sent: Thursday, January 15, 2015 12:18 PM To: 'Camille McClain' Subject: RE: Case No. 15001 - Capital Mall Ms. McClain, I am confirming that your photographs and letter were received. Your photos and letter will be copied for the Planning and Zoning Commission and distributed at tonight's meeting. Thank you for contacting us. JaY�McMatav,, A -TCP Director, Department of Planning & Protective Services City of Jefferson, Missouri 65101 320 E. McCarty St. Jefferson City, MO 65101 Email lmcmillan@ieffcitymo.ore Direct 573.634.6424 Main 573.634.6410 From: Camille McClain fmaiito:wflowerrulz(dyahoo.com] Sent: Thursday, January 15, 2015 12:09 PM To: McMillan, Janice Subject: Case No. 15001 - Capital Mall Hello Ms. McMillan - I would like to submit these pictures to go with my letter I brought to your office yesterday. They are photos of the current island that helps to separate out neighborhood from the Mall area and several roundabouts in town. The roundabouts pictured are on Big Horn Dr., Ellis Blvd. and E. McCarty St. I've also attached a copy of my letter in case you need it. Thank you, Camille McClain This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http://www.symanteccloud.com 60 January 14, 2015 Department of Planning and Protective Services, Planning Division John G. Christy Municipal Building/City Hall 320 East McCarty Street, Room 120 Jefferson City, MO 65101 Re: Case No. P15001 3600 Block of Country Club Drive 3700 Block of W. Truman Boulevard To Members of the Planning and Zoning Commission: I am a home owner in the Country Club Drive Neighborhood, specifically Hobbs Ln. As my home is very close to the Capital Mall Property, I am very concerned about the change in zoning from C-1 Neighborhood Commercial to C-2 General Commercial and the approval of the Special Exception Use Permit. My primary concern with the change in zoning is the potential for development of new businesses which should not be allowed near a residential neighborhood. As I understand it, most of Missouri Boulevard is zoned C-2 This area is an example of the type of businesses and development which are exactly the opposite of what most people want adjacent to their homes. Although the area on Country Club Drive near the mall has commercial businesses, it is certainly not in the same category as Missouri Boulevard. To change the zoning of the Capital Mall properties to C-2 will open the area up to all types of commercial businesses including 24-hour drive throughs, Gas Stations, Convenience Stores, Tobacco and Liquor Stores, etc. This potential is not limited only to vacant lots. It is not out of the realm of possibility for the entire Capital Mall building to be demolished and be completely redeveloped (Example - Biscayne Mall in Columbia). Providing the area with a C-2 zoning has the potential to have a huge negative impact upon our neighborhood. The Planning Staff Report dated January 15, 2015 contains the following information related to the rezoning and Special Exception Use Permit: Staff Analysis and Recommendations: • The owner/developer has a plan for redevelopment of the Capital Mall and is requesting a Special Exception Use Permit and a change from a C-1 to C-2 to "bring the zoning of the property into better alignment with the high traffic commercial use". • Staff recommendations show the property would not comply with the requirement of a C-2 area as the lighting "exceeds the maximum standard of 3.0 footcandles in a C-2 district'. (Lighting of the property adjacent to our neighborhood, specifically excessive lighting, is a detriment). • The exception shall be approved only if the Commission finds the use and plan will not "substantially and permanently injure the appropriate use of neighboring property" and will not "cause traffic, parking or environmental problems" Review of the City Council Meeting Minutes, dated September 6, 1977 reveals agreements made at 61 that time between the original developer and residents of the adjoining property. At that time, the Council directed the following: Mall property owners will assist residents with "Controlled speeds on Country Club Drive." • In the area adjacent to the residential homes, a wilderness area be maintained (this is the trapezoidal area on the very West edge of the Mall property). In addition, a 50 foot tract of land running parallel to the wilderness area shall be a "landscaped buffer" including a hedge to screen auto lights. Next would be a 30 foot service road, and finally a 75 foot parking area. • The area on the south side of Country Club shall have a 50 foot area "landscaped bank" and the adjacent 50 foot of space would be limited to parking. • The light poles in the eastern side of the Mall property will be "25 foot height with directional light shrouded away from the residential area to the east". I ask that City keep their word and maintain these requirements. The developers have suggested replacing the current island separating the residential area from the commercial area with a roundabout. After driving around the city and viewing other roundabouts, I am convinced that replacing the island would decrease the visual separation between the two areas and increase the commercial look. The addition of a roundabout would increase the amount of hard surface and decrease the amount of vegetation and visual barrier. Out current island has four street signs related to it. As I have seen with other roundabouts, they have three to four signs per inlet. This would more than double the amount of street signs in that area. I request the developers maintain the currant island and improve the landscaping to separate the areas. In conclusion, I request that the zoning should be maintained as C-1. I understand the current buildings on the property do not meet all the standards for this designation. I am not sure how the City allowed the property to be developed inappropriately for the zoning, but as the saying goes — "Two wrongs don't make a right". Please maintain current zoning to protect out neighborhood from future detrimental development. Do not allow the developers to reduce the amount of "buffer" area from our neighborhood. Do not let them decrease the amount of landscaping which helps to designate our area as residential. Do not allow lighting and signage at excessive heights, visible in our area. Do not allow a roundabout to be added. Thank you for your consideration. Sincerely, Camille McClain 3416 Hobbs Ln. Jefferson City, MO 65109 62 y ;,�! :. 4, v U Irr �S w "diA ��, �� _' y� r• � n �A•11 I �� 65 W 17� January 14, 2015 Department of Planning and Protective Services, Planning Division John G. Christy Municipal Building/City Hall 320 East McCarty Street, Room 120 Jefferson City, MO 65101 I�[�a�t�iF7Q171 3600 Block of Country Club Drive 3700 Block of W. Truman Boulevard To Members of the Planning and Zoning Commission: N il JAN 4 2015 I am a home owner in the Country Club Drive Neighborhood, specifically Hobbs Ln. As my home is very close to the Capital Mall Property, I am very concerned about the change in zoning from C-1 Neighborhood Commercial to C-2 General Commercial and the approval of the Special Exception Use Permit. My primary concern with the change in zoning is the potential for development of new businesses which should not be allowed near a residential neighborhood. As I understand it, most of Missouri Boulevard is zoned C-2 This area is an example of the type of businesses and development which are exactly the opposite of what most people want adjacent to their homes. Although the area on Country Club Drive near the mall has commercial businesses, it is certainly not in the same category as Missouri Boulevard. To change the zoning of the Capital Mall properties to C-2 will open the area up to all types of commercial businesses including 24-hour drive throughs, Gas Stations, Convenience Stores, Tobacco and Liquor Stores, etc. This potential is not limited only to vacant lots. It is not out of the realm of possibility for the entire Capital Mall building to be demolished and be completely redeveloped (Example - Biscayne Mall in Columbia). Providing the area with a C-2 zoning has the potential to have a huge negative impact upon our neighborhood. The Planning Staff Report dated January 15, 2015 contains the following information related to the rezoning and Special Exception Use Permit: Staff Analysis and Recommendations: The owner/developer has a plan for redevelopment of the Capital Mall and is requesting a Special Exception Use Permit and a change from a C-1 to C-2 to "bring the zoning of the property into better alignment with the high traffic commercial use". Staff recommendations show the property would not comply with the requirement of a C-2 area as the lighting "exceeds the maximum standard of 3.0 footcandles in a C-2 district'. (Lighting of the property adjacent to our neighborhood, specifically excessive lighting, is a detriment). The exception shall be approved only if the Commission finds the use and plan will not "substantially and permanently injure the appropriate use of neighboring property." and will not "cause traffic, parking or environmental problems" 67 Review of the City Council Meeting Minutes, dated September 6, 1977 reveals agreements made at that time between the original developer and residents of the adjoining property. At that time, the Council directed the following: Mall property owners will assist residents with "Controlled speeds on Country Club Drive." In the area adjacent to the residential homes, a wilderness area be maintained (this is the trapezoidal area on the very West edge of the Mall property). In addition, a 50 foot tract of land running parallel to the wilderness area shall be a "landscaped buffer" including a hedge to screen auto lights. Next would be a 30 foot service road, and finally a 75 foot parking area. The area on the south side of Country Club shall have a 50 foot area "landscaped bank" and the adjacent 50 foot of space would be limited to parking. The light poles in the eastern side of the Mall property will be "25 foot height with directional light shrouded away from the residential area to the east". I ask that City keep their word and maintain these requirements. The developers have suggested replacing the current island separating the residential area from the commercial area with a roundabout. After driving around the city and viewing other roundabouts, I am convinced that replacing the island would decrease the visual separation between the two areas and increase the commercial look. The addition of a roundabout would increase the amount of hard surface and decrease the amount of vegetation and visual barrier. Our current island has four street signs related to it. As I have seen with other roundabouts, they have three to four signs per inlet. This would more than double the amount of street signs in that area. I request the developers maintain the currant island and improve the landscaping to separate the areas. In conclusion, I request that the zoning should be maintained as C-1. I understand the current buildings on the property do not meet all the standards for this designation. I am not sure how the City allowed the property to be developed inappropriately for the zoning, but as the saying goes — "Two wrongs don't make a right'. Please maintain current zoning to protect out neighborhood from future detrimental development. Do not allow the developers to reduce the amount of "buffer" area from our neighborhood. Do not let them decrease the amount of landscaping which helps to designate our area as residential. Do not allow lighting and signage at excessive heights, visible in our area. Do not allow a roundabout to be added. Thank you for your consideration. Sincerely, ac - Camille McClain 3416 Hobbs Ln. Jefferson City, MO 65109 68 Stratman, Anne From: McMillan, Janice Sent: Tuesday, January 13, 2015 8:32 PM To: jim_eichelberger@embargmail.com'; Stegeman, Ellen Cc: Barron, Eric; Stratman, Anne Subject: RE: Web site message from:Jim From Planning and Protective Services comment/complaint form Mr. Eichelberger, Thank your for your comments. I have copied Eric Barron, senior planner, on this email. Your email will be printed for the members of the Planning and Zoning Commission for their consideration. Janice McMillan, AICP Director, Department of Planning & Protective Services City of Jefferson, Missouri 65101 320 E. McCarty St. Jefferson City, MO 65101 Email imcmillan@Jeffcitymo.org Direct 573.634.6424 Main 573.634.6410 -----Original Message ----- From: aim eichelberger@embaromall.com Imailto:Jim eichelberger@embargmail.comj Sent: Tuesday, January 13, 2015 4:24 PM To: Stegeman, Ellen Cc: Grellner, David Subject: Web site message from:Jim From Planning and Protective Services comment/complaint form As a homeowner near the capital mall, I am all for renovations and improvements to the area, however, I would like to request that you put a temporary hold on their request for rezoning and other changes, until there can be a meeting of the area homeowners, the mall owners, and the city council. There is a 1977 city council resolution that set guidelines that the owners of the mall had to adhere to, to protect the surrounding residential neighborhoods. Some of those guidelines are being changed to the detriment of our neighborhood with the current mall proposal and those changes should not be allowed Jim Eichelberger 3320 Country Club Dr. Jefferson City MO 65109 5736355179 Jim eichelberger@embaramail.com 69 Stratman, Anne From: Barron, Eric Sent: Tuesday, January 13, 2015 5:06 PM To: 'walktrailside@hotmail.com' Cc: Stratman, Anne Subject: RE: Rezoning of Capital Mall Ms. Raaz, Thank you for your comments. They will be printed and delivered to the Planning and Zoning Commission members at their meeting on Thursday evening (January 15). Sincerely, Eric Barron Senior Planner City of Jefferson 573-634-6419 From: susan Finailto:walktrailside@hotmail.com] Sent: Tuesday, January 13, 2015 4:28 PM To: Stratman, Anne Cc: Bobby; susan; Jeff Raaz Subject: Rezoning of Capital Mall Planning and Zoning for Jefferson City, Missouri My name is Susan Bregant Raaz and I write on behalf of my mother, Barbara Bregant, who has been a landowner/resident at 3435 Country Club Drive since December of 1967. My parents worked very hard and were lucky enough to be able to build the home of their dreams on this property located in an area of Jefferson City they love. My parents also purchased additional acreage to provide a buffer zone once Highway 50 was expanded to four lanes (behind the Bregant, Tergin and Shell properties). I vividly remember the anguish they felt when it was learned that the beautiful land down the road was becoming a mall. I remember my mom and dad describing the meetings and hard work the residents of Country Club Drive and Hobbs Lane put in to work with General Growth and the City Council to assure that their beautiful neighborhood would survive this major development. In 20091 moved back to Jefferson City. My husband and I have been residents on Country Club since 9/2014. I have been to the mall and agree that it is not successful (especially since I came from the Columbia area and was witness to the difference in their mall's success). I was relieved when a local, respected family took the task on of improving this property. After attending the mall meeting with P & Z, though, my mother and I do have major concerns with the rezoning of this property. 70 1. The original intent of residents living next to the mall WAS NOT to live next to a property reflecting what we see on Missouri Blvd (which was the example repeatedly given as to what the change in zoning will allow). 2. At the meeting it seemed to be a big mystery where the concrete island on Country Club had come from. Minutes from September 6, 1977 clearly show that "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". Since the meeting I've checked out local roundabouts and feel the concrete island should stay. It provides more of a visual screen with its landscaping and people whip through local roundabouts just as quickly as I see them go around this barrier. If the city doesn't want to maintain the landscaping, I'm sure those of us living in this area can do so. 3. I have concerns about a roundabout that provides access to the property next to Red Lobster and that property becoming an available lot. Again, the minutes from September 6, 1977 state "Area E — This area is on the south side of Country Club Drive and shall be a 50 foot area of landscaped bank." That lot is small and when looking at the plan I wonder if the developers are actually planning more access from Highway 50 West (which would mean the property (bluffs) buffering Bregant/Tergin and Shell properties would have to be blasted for the ramp). Obviously not acceptable to us. 4. These type of malls are obsolete. When I visit family in the St Louis and Kansas City areas, the new developments are open air with direct access to individual stores and restaurants. I think it crucial that development in this area be more carefully thought out with a look at current and future retail trends. Not a quick fix that further diminishes the adjoining properties/neighborhoods. 5. I am in disagreement with the request to decrease the size of the eastern "landscape tract" (next to the "wilderness tract") in order to straighten the outside road circling the mall by the theater and Dillard's. I feel the road can easily be straightened within the already available parking lot area. 6. I disagree with the plan to make the grassy area on Country Club closest to Hobbs Lane an available lot. Obviously the City Council felt it imperative to protect the Hobbs Lane neighborhood with the parameters set in meeting minutes in 1977. I don't understand changing that philosophy and moving traffic and businesses even closer to those residences. 7. I'm concerned that the plan calls for signage and lighting height outside of current allowed specifications. 8. I'm very concerned that as you drive the periphery of the mall (especially the eastern "wilderness" tract abutting Hobbs Lane) there is lots of trash. I am out almost daily and have NEVER seen anyone picking up trash. It looks horrible. 9. The mall is not ADA compliant. I recently had to get mall security to assist me in holding doors open so that I could get my mother (in a wheelchair) into the mall. The security guard confided to me that he has repeatedly told the mall manager this is an issue and nothing has changed. Again, our family does appreciate a local developer that's willing to come in and make this blighted area better. However, we hope that the Council sees the absolute necessity that any improvements not further diminish adjoining neighborhoods and that those neighborhoods be involved in further discussions/planning. Sincerely, Susan Bregant Raaz Barbara Bregant 71 This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http://www.sManteceloud.com 72 January 13, 2015 Department of Planning and Protective Services Planning Division John G. Christy Municipal Building 320 East McCarty Street Jefferson City, MO 65101 RE: Case NO. P15001 To Whom It May Concern: RECEIVED JAN 1 3 2015 t restde at3'460fiobbs tane, my propertyts conttguouswith Capttat Matt. f object to the proposed changes in zoning and other requests made by Capital Mall JC LLC. My property is directly and negatively affected by the mall every day. The trafftc {both veflrrutar and waH<fng), noi'se, t-rash, and trghttng create overwhelming problems for me on a daily basis. First of all, raising the height of light fixtures bordering my property can only increase the brightness of the light pouring into my house at night. Currently, the light emitted at night from the mall area makes my backyard and the back of my house as light as day. I understand Capital Mall representatives allege they will be able to direct the light differently with new higher light posts. But they could also leave the light poles at the current, approved height and add the new directed lighting. If this is accomplished it might be beneficial to my property and might prove the alleged benefits of the directed lighting. If the new height of light poles is approved, I will never have an option of going back to the shorter poles and the damage is permanent. Another prcpos-al js-remnval of the .current island .on £ountry Club Ddve, The current island does not slow down traffic but it does provide a sight barrier of current businesses from Hobbs Lane. Replacing it with a traffic circle will not provide a visual barrier. It will probably not slow traffic. To remove the current island would be another change in the original agreements which attempted to lessen the negative influences of the mall on the neighborhood. This should not be done without full support of the neighborhood. 73 If the Council and the Capital Mall genuinely want to slow traffic on Country Club Drive to protect the residents of the area ... they would choose traffic lights and/or speed bumps . These would be the most effective way to slow the traffic on this street. t presume there crre <lrdhrances abo-ut pub~tc nuisances and t beHeve the trash that is created by their customers and is scattered to the buffer zone and beyond is a public nuisance. It should be required to be removed, just as property owners are required to cut weeds. Perhaps a noise barrier-high fence on the west side of the buffer zone could alleviate some of the noise, trespassing, and trash problems. Grantrngthe change rnzcmmgand-other'fequests of£apttat Matt is dearly intended to increase current business for the mall and also bring in new businesses. However, it will increase the detrimental effects of the mall on the surrounding neighborhood. Please consider not only the profit for the mall and the sales tax revenue for the city, but also protecting the citizens of the community. if the Cfty Counctt cmd Capitat Matt rea+ty are smcere tn wanttngto work with and protect the neighboring properties, they will keep in mind these comments and suggestions, and not blindly approve the requests of Capital Mall. Thank you for your consideration. Martha Ann Claiborne 74 Stratman, Anne From: Barron, Eric Sent: Tuesday, January 13, 2015 8:33 AM To: 'newbyhaight@embargmail.com' Cc: Stratman, Anne Subject: RE: Mail re -zoning Mr. and Mrs. Haight, Thank you for your comments. They will be distributed to the Planning and Zoning Commission members at their meeting on Thursday night (January 151h). Sincerely, Eric Barron Senior Planner City of Jefferson 573-634-6419 From: Becky Haight rmailto:newbyhaight0embargmail.com] Sent: Monday, January 12, 2015 8:16 PM To: Stratman, Anne Subject: Mall re -zoning To Zoning Commission Members and Others Whom It May Concern: This letter is in regards to Case No. P15001, the applications for rezoning, special exception permit and preliminary plat. As local homeowners in the neighborhood adjacent to the mall property, we have grave concerns for particular aspects of these applications and plans, specifically 1) the removal of the roadway island on Country Club that delineates between the commercial and residential zones, 2) the lifting of height restrictions on parking lot light posts & the additional lighting imposed by electronic signs, 3) the removal of trees in the buffer zone between the mall and the homes, and 4) the lifting of restrictions allowed by C2 general commercial that would turn Country Club Dr. adjacent to a residential area into a strip similar to Missouri Boulevard. The roadway island was an agreement between the previous mall owners and the neighborhood association that was sanctioned by the city council at the time. Its intended purpose is not only to slow traffic down through the residential area but to clearly define the area as residential and separate from the mall area. Replacing it with a flat roundabout with no center vertical landscaping completely does away with that delineation and leaves the residential area open to further encroachment by commercial areas, lights, noise, and traffic to and from the mall. Restricting the lighting on the east side of the mall property was a huge issue in 1977 and it is no different today. By their own admission the mall developers say that lighting technology has improved greatly and is able to be directed much better and to offer better coverage of the parking lot; if true, then raising the height of the poles would not be necessary. It will, however, have a tremendous impact on the neighboring houses with no way to significantly block that light from impeding the private property. Additionally, the massive 50' highway sign proposed is well beyond the limits set by zoning, and will have an electronic billboard. This will allow even more lighting to bleed over into the residential area, and we are asking the commission to keep that sign to a reasonable height and as far away from the homes as possible. 75 The trees in the buffer zone between the mall and the homes were part of an agreement endorsed by the city council. Those trees have deteriorated over the years that General Growth Properties owned the mall, and in the 2+ years the new developers have had ownership they've continued to deteriorate and thin out allowing for clear views from the commercial areas into the residential areas. Now the developer is proposing to remove more of those trees and lessen the vertical barrier between the zones even further. While the developers have plans for landscaping, it is low to the ground and will provide no significant buffer between the mall and the residential area. Finally, there is a need to recognize that, although the mall is a huge shopping building and the zoning codes have changed since it was built, the neighborhood was here first. Designating lots directly on Country Club Dr as a neighborhood shopping area is not an unreasonable request. Those lots could remain Cl neighborhood commercial in recognition that this area is adjacent to and leads to a residential district. As the city has grown and continues to grow, that growth needs to be managed so that not only are we encouraging retail and business growth, but so that established residential areas are protected. The buffer zone with appropriate vertical shielding should not be done away with or reduced. As the mall area seeks to grows, the impetus is on the city to provide protection for the residential area that keeps pace, i.e., the busier the commercial area is projected to get, the bigger the buffer between the two zones needs to be: Please put yourselves in our shoes: if this was happening next door to your home, what would you want your city leaders to do for you? Sincerely, Randy and Becky Haight 3463 Hobbs Lane 566-0458 newbyhaigbt@enibargmail.com This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http://www.symanteceloud.com 76 January 11, 2015 Chairman Robinett and commissioners, I am writing to you as a property owner who will be effected by the decision on the change in zoning of the Capital Mall property. Since 1977 the former developers of the mall understood that the neighbors who live in the adjoining neighborhoods were vital to its success and that being a good steward with those neighbors was important. With this recent request to change the zoning, it appears that the new owners, while touting their local community ties, actually are less concerned with the neighbors and the problems the zoning changes may bring and more concerned with their own success and profitability. Are meeting the needs of the mall while maintaining standards for the neighbors mutually exclusive? I don't feel that they need to be. As a neighbor, I want to know that my concerns are listened too and addressed through some compromise to the plans that have been vaguely explained and explored to date. For example, too many times in the current proposal is the reference "to be determined" or "may change". With references such as this, how can the other landowners be confident in the proposal? I would propose having the developers, city planning, neighbors and members of your committee form a working group to have discussions before this issue moves forward. Please understand that members of our community are watching to see how neighborhoods vs. retail are being treated. If the side of retail is chosen, who will support the retail? I respectfully urge you to vote no, or table this discussion until more information can be shared about the long-term impact of this decision for both the neighbors and the developer. Respectfully, 6X�_ � POJJ,,_O?Y)&0 Doug and Pat Thomas 3444 Hobbs Lane Jefferson City, MO 65109 573-644-5477 77 JAN 1 4 2015 Stratman, Anne From: McMillan, Janice Sent: Monday, January 12, 2015 12:37 PM To: 'pat@patthomas.us' Cc: Stratman, Anne Subject: RE: Web site message from:Patricia From Planning and Protective Services comment/complaint form Mr and Mrs Thomas: Thank you for your comments. Your comments will be forwarded to Chairman Robinett and the Planning and Zoning Commission. Janice McMillan, AICP Director, Department of Planning & Protective Services City of Jefferson, Missouri 65101 320 E. McCarty St. Jefferson City, MO 65101 Email imcmillan(caieffcitymo.ore Direct 573.634.6424 Main 573.634.6410 -----Original Message ----- From: pat@patthomas.us [mailto:pat@patthomas.usj Sent: Monday, January 12, 2015 12:33 PM To: Stegeman, Ellen Cc: Grellner, David Subject: Web site message from:Patricia From Planning and Protective Services comment/complaint form January 11, 2015 Chairman Robinett and commissioners, I am writing to you as a property owner who will be effected by the decision on the change in zoning of the Capital Mall property. Since 1977 the former developers of the mall understood that the neighbors who live in the adjoining neighborhoods were vital to its success and that being a good steward with those neighbors was important. With this recent request to change the zoning, it appears that the new owners, while touting their local community ties, actually are less concerned with the neighbors and the problems the zoning changes may bring and more concerned with their own success and profitability. Are meeting the needs of the mall while maintaining standards for the neighbors mutually exclusive? I don't feel that they need to be. As a neighbor, I want to know that my concerns are listened too and addressed through some compromise to the plans that have been vaguely explained and explored to date. For example, too many times in the current proposal is the reference "to be determined" or "may change". With references such as this, how can the other landowners be confident in the proposal? I would propose having the developers, city planning, neighbors and members of your committee form a working group to have discussions before this issue moves forward. Please understand that members of our community are watching to see how neighborhoods vs. retail are being treated. If the side of retail is chosen, who will support the retail? 78 I respectfully urge you to vote no, or table this discussion until more information can be shared about the long-term impact of this decision for both the neighbors and the developer. Respectfully, Doug and Pat Thomas 3444 Hobbs Lane Jefferson City, MO 65109 573-644-5477 Patricia Thomas 3444 Hobbs Lane Jefferson City MO 65109 5734736454 Pat@patthomas.us 79 Stratman, Anne From: Barron, Eric Sent: Monday, January 12, 2015 9:25 AM To: carneyfam@centurylink.net' Cc: Stratman, Anne Subject: RE: Opposition to Proposed Rezoning of Capital Mall Thank you for your comments. They will be printed and distributed to the Planning and Zoning Commission members at their meeting on Thursday, January 15, at 5:15 p.m. Sincerely, Eric Barron Senior Planner City of Jefferson 573-634-6419 From: Bart and Mandee Carneyfmailto:carneyfam(ecenturylfnk.net] Sent: Sunday, January 11, 2015 9:01 PM To: Stratman, Anne Subject: Opposition to Proposed Rezoning of Capital Mall Dear Planning and Zoning Commission, We are writing to you because for many reasons we oppose the rezoning of the Capital Mall (3600 Block of Country Club and 3700 Block of West Truman Boulevard). In 1977 many promises were made to the neighborhoods to the cast of the Capital Mall, and by rezoning the area and approving the special permits, we believe those promises are being broken. It is important for the neighborhoods and for the environment to maintain the wooded buffer zone between the Capital Mall complex and the neighborhoods. Also, many families will be negatively impacted by increasing the height and size of the lighting and signage around the complex. Furthermore, by removing the island on Country Club Drive and replacing it with a roundabout, traffic through the local neighborhoods will increase, thus decreasing the safety of the local residents. We feel it is very important for the City of Jefferson to keep the promises that it makes to its citizens. Will you keep your word? While we agree that the Capital Mall complex is in need of updates, we do not feel that these updates should be done at the expense of the local neighborhoods. In closing, the owners of the Capital Mall should not be allowed to positively impact their investment while they negatively impact my investment. We ask that you do not approve the rezoning of the Capital Mall complex. Sincerely, 80 Bart and Mandee Carney 3440 Hobbs Lane Jefferson City, MO 65109 This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http://www.symanteccloud.com 81 Department of Planning and Protective Services Memorandum 320 East McCarty Street • Jefferson City, Missouri 65101 . P: 573.634.6410. F: 573.634.6457 • w Jeffcitymo.org Date: January 15, 2015 To: Planning and Zoning Commission From: Eric Barron, AICP, Senior Planner Subject: Communications with Dillard's and JC Penney regarding staff initiated rezoning proposal Attached is Correspondence between City Staff and the real estate managers of the Dillards and JC Penney tracts of property proposed for a staff initiated rezoning from C-1 to C-2. JC Penney: Planning Division Staff contacted the JC Penney real estate manager by telephone in order to describe the proposal and to share contact information in case of any questions. The telephone call was followed by a mailed letter and explanatory email, which are attached to this memo. There has been no follow up contact or questions by JC Penney. Dillards: Planning Division Staff contacted the Dillards real estate managers by telephone in order to describe the proposal and to share contact information in case of any questions. The telephone call was followed by a mailed letter and explanatory email, which are attached to this memo. A significant amount of email correspondence ensued with the representatives of Dillard's, which is also attached. Note on page 3 of the email correspondence that Dillard's is currently in a position of objection to the proposed rezoning. Planning Division staff have responded in an effort to address their concerns, reinforce the purpose of the proposed rezoning, and describe why it is necessary and in their interests. Staff Position: Despite the initial objection by the representatives of Dillard's, staff feels that the rezoning of the Dillard's and JC Penney tracts are necessary in order to bring the properties into conformance with the Zoning Code and to allow for future Code amendments to the C-1 zoning district without impact to existing major retail uses such as the Capital Mall. There are no plans to withdraw the staff initiated proposal. Attachments: E-mail to Brandon Barnet, JC Penney property manager Letter to JC Penney dated 1-2-15 E-mail to Kim Brown and Christy Grimes, Dillards representatives Letter to Dillard's dated 1-2-15 E-mail correspondence between City Staff and Dillard's (9 pages) note that the e-mail timeline is in reverse order 82 Barron, Eric From: Barron, Eric Sent: Friday, January 02, 2015 3:06 PM To: 'bbarnet4@jcp.com' Cc: McMillan, Janice Subject: City Staff Initiated Rezoning Proposal -1C Penney Property - Jefferson City, MO Attachments: JC Penney - Correspondence RE Staff Initiated Rezoning.pdf Brandon, Attached is correspondence regarding a staff initiated rezoning of the JC Penney property located at the Capital Mall here in Jefferson City, M0. This letter is being provided to you via email in order to expedite communication regarding this matter. A hard copy of the letter is being mailed to the three addresses at the top of the letter. As outlined within the text of the letter, this staff initiated rezoning is being proposed in order to match the C-2 zoning proposed by the owner of the Capital Mall as well as to bring the high intensity (big box retail) commercial use of the property into conformance with the Jefferson City Zoning Code. The tract owned by JC Penney, as well as the remainder of the Capital Mall, are currently zoned C-1 Neighborhood Commercial, with a small strip of PUD zoning along the eastern side of the development that accommodates a bufferyard separation with the adjacent residential neighborhood. As outlined within the Jefferson City Zoning Code, the C-1 district is intended for small convenient retail/commercial services in residential neighborhood locations. The C- 2 General Commercial district is intended for commercial services at major intersections and highway interchanges, and is sometimes referred to as "highway commercial". The existing C-1 zoning of the Capital Mall was established at the time of the original development/construction of the Capital Mall, when the fears by the adjacent residential neighborhood about this major commercial development were softened by the application of a lower level of commercial zoning. Subsequent revisions to the Jefferson City Zoning Code have further misaligned the C-1 zoning of the Capital Mall from its high intensity commercial use, and planning division staff acknowledge that the C-1 zoning is inadequate given the size and scale of the commercial development. The timeline for the staff initiated rezoning, and associated proposal by the owner of the Capital Mall, is as follows: January 15, 2015 — Planning and Zoning Commission, public hearing and vote for recommendation to the City Council March 2, 2015 — City Council, public hearing and bills pending. The proposals would be eligible for passage in the form of a City Council Bill. Copies of the proposals, including a number of drawings outlining the proposed improvements to the fagade, parking lot, landscaping, proposed outlots, etc. of the Capital Mall are available on the Planning and Zoning Commission website (Case P15001) at: http://www.leffcitymo.ora/pps/planninx/pzcom mission. htm I The Jefferson City Zoning Code is available on-line at: http://www.weffcitymo.org/clerk/documents/­chap35.pdf I'd be happy to answer any questions that you may have regarding this matter. Please do not hesitate to contact me if you have any questions or comments. Sincerely, 83 Eric Barron City of Jefferson Dept of Planning and Protective Services 320 E. McCarty St. Jefferson City, MO 65101 January 2, 2015 JC Penney Properties Inc. #2006-5 PO Box 10001 Dallas, TX 75301-1217 Brandon Barnett Senior Real Estate Manager— JC Penney 6501 Legacy Drive Piano, TX 75024 Eric J. Struemoh, Mayor Janice McMillan, Director Phone: 573.634.6410 Fax: 573.634-6457 JC Penney Department Store Attn: Store Manager 3600 Country Club Drive Jefferson City, MO 65109 RE: Staff Initiated Rezoning Proposal — JC Penney property at Capital Mail (Case P15001) 3600 Country Club Drive, Jefferson City, MO Dear Property Owner, The Planning Division of the City of Jefferson has placed a staff initiated rezoning proposal of your property on the agenda for the January 15, 2015, meeting of the Jefferson City Planning and Zoning Commission. The proposal includes rezoning your property from C-1 Neighborhood Commercial to C-2 General Commercial. The rezoning is being pursued by Planning Division Staff in combination with a proposal by the owners of the Capital Mall (Capital Mall JC, LLC) for a Rezoning, Special Exception Permit, and Preliminary Plat. The proposal by Capital Mall JC outlines a redevelopment plan for the Capital Mall, which includes building fagade improvements, reconfiguration of parking and driveways, installation of parking lot landscaping and sidewalks, identification of future outlots, signage plan, and a rezoning of their property from C-1 Neighborhood Commercial to C-2 General Commercial. Planning Division Staff are initiating a rezoning proposal for the adjacent JC Penney and Dillard's tracts in order to match the C-2 zoning proposed by the Capital Mail owner and to bring the high intensity commercial use of the properties into conformance with the Zoning Code. Information on these proposals is available on the City website at: http://www.ieffcitvmo.orWpps/planninq/pzcommission.htmi The timeline for the proposed staff initiated rezoning is as follows: January 15, 2015 — Planning and Zoning Commission, public hearing and vote for recommendation to the City Council March 2, 2015 — City Council, public hearing and bills pending. The rezoning proposal would be eligible for passage in the form of a City Council Bili. Please contact me at 573-634-6419 if you have any questions or comments on this proposal or its impact on your property. DEPARTMENT OF PLANNING AND PROTECTIVE SERVICES Eric Barron, AICP Senior Planner Attachments: P&Z Agenda Staff Initiated Rezoning Visual and Description Copy of Surrounding Property Owner Notification Letter 84 Barron, Eric From: Barron, Eric Sent: Friday, January 02, 2015 3:05 PM To: 'kim.brown@dillards.com' Cc: McMillan, Janice; 'christy.grimes@dillards.com' Subject: City Staff Initiated Rezoning Proposal - Dillard's Property - Jefferson City, MO Attachments: Dillards - Correspondence RE Staff Initiated Rezoning.pdf Kim, Attached is correspondence regarding a staff initiated rezoning of the Dillard's property located at the Capital Mall here in Jefferson City, MO. This letter is being provided to you via email in order to expedite communication regarding this matter. A hard copy of the letter is being mailed to the three addresses at the top of the letter. As outlined within the text of the letter, this staff initiated rezoning is being proposed in order to match the C-2 zoning proposed by the owner of the Capital Mall as well as to bring the high intensity (big box retail) commercial use of the property into conformance with the Jefferson City Zoning Code. The two tracts owned by Dillard's, as well as the remainder of the Capital Mail, are currently zoned C-1 Neighborhood Commercial, with a small strip of PUD zoning along the eastern side of the property that accommodates a bufferyard separation with the adjacent residential neighborhood. As outlined within the Jefferson City Zoning Code, the C-1 district is intended for small convenient retail/commercial services in residential neighborhood locations. The C-2 Geperal Commercial district is intended for commercial services at major intersections and highway interchanges, and is sometimes referred to as "highway commercial". The existing C-1 zoning of the Capital Mall was established at the time of the original development/construction of the Capital Mall, when the fears by the adjacent residential neighborhood about this major commercial development were softened by the application of a lower level of commercial zoning. Subsequent revisions to the Jefferson City Zoning Code have further misaligned the C-1 zoning of the Capital Mall from its high intensity commercial use, and planning division staff acknowledge that the C-1 zoning is inadequate given the size and scale of the commercial development. The timeline for the staff initiated rezoning, and associated proposal by the owner of the Capital Mall, is as follows: January 15, 2015 — Planning and Zoning Commission, public hearing and vote for recommendation to the City Council March 2, 2015 — City Council, public hearing and bills pending. The proposals would be eligible for passage in the form of a City Council Bill. Copies of the proposals, including a number of drawings outlining the proposed improvements to the facade, parking lot, landscaping, proposed outlots, etc. of the Capital Mall are available on the Planning and Zoning Commission website (Case P15001) at: htto://www.ieffcitvmo.orR/i)Ds/pianning/pzcommission.htmi The Jefferson City Zoning Code is available on-line at: http://www.beffcitymo.org/clerk/documents/chap35.pdf I'd be happy to answer any questions that you may have regarding this matter. Please do not hesitate to contact me if you have any questions or comments. Sincerely, Eric Barron 85 City of Jefferson Dept or Planning and Protective Services 320 E. McCarty Sr. Jefferson City, MO 65101 January 2, 2015 Dillard Department Stores Inc. 4501 North Beach St. FortWorth, TX 76137 Dillard Store Services, Inc. Attn: Kim Brown 1600 Cantrell Rd. Little Rock, AR 72201 Eric J. Sfruemph, Mayor Janice McMillan, Director Phone: 573.634.6410 Fax: 573.634-6457 Dillard's Department Store Attn: Store Manager 3600 Country Club Drive Jefferson City, MO 65109 RE: Staff Initiated Rezoning Proposal — Dillard's property at Capital Mall (Case P15001) 3600 Country Club Drive, Jefferson City, MO Dear Property Owner, The Planning Division of the City of Jefferson has placed a staff initiated rezoning proposal of your property on the agenda for the January 15, 2015, meeting of the Jefferson City Planning and Zoning Commission. The proposal includes rezoning your property from C-1 Neighborhood Commercial to C-2 General Commercial. The rezoning is being pursued by Planning Division Staff in combination with a proposal by the owners of the Capital Mall (Capital Mall JC, LLC) for a Rezoning, Special Exception Permit, and Preliminary Plat. The proposal by Capital Mall JC outlines a redevelopment plan for the Capital Mall, which includes building fagade improvements, reconfiguration of parking and driveways, installation of parking lot landscaping and sidewalks, identification of future outlots, signage plan, and a rezoning of their property from C-1 Neighborhood Commercial to C-2 General Commercial. Planning Division Staff are initiating a rezoning proposal for the adjacent JC Penney and Dillard's tracts in order to match the C-2 zoning proposed by the Capital Mall owner and to bring the high intensity commercial use of the properties into conformance with the Zoning Code. Information on these proposals is available on the City website at: http://www.leffcitymo.org/pps/p-lanning/Mommission.htmi The timeline for the proposed staff initiated rezoning is as follows: January 15, 2015 — Planning and Zoning Commission, public hearing and vote for recommendation to the City Council March 2, 2015 — City Council, public hearing and bills pending. The rezoning proposal would be eligible for passage in the form of a City Council Bill. Please contact me at 573-634-6419 if you have any questions or comments on this proposal or its impact on your property. DEPARTMENT OF PLANNING AND PROTECTIVE SERVICES r�/'u�G JR�T/t-pv2 Eric Barron, AICP Senior Planner Attachments: P&Z Agenda Staff Initiated Rezoning Visual and Description Copy of Surrounding Property Owner Notification Letter 86 Kim and Christy, In response to your request for application materials. A complete set of application materials is located on-line at: http://www.meffcitVmo.org/pps/planning/pzcommission.htm] The case file reference is Case No. P15001 - 3600 Block of Country Club Drive and 3700 Block of West Truman Boulevard; Rezoning, Special Exception Permit, and Preliminary Plat. The staff initiated rezoning is incorporated into the same case file as the owners applications for the purpose of processing, as the properties are linked as a single building and development. The complete P&Z Packet and Staff report is linked at the bottom of the case file entry and is available directly at: http•//www *effcitymo org/pps/planning/documents/Pzpacket-staffreports pdf Again, this is a complete copy of the application materials. If you would like a certified copy I'd direct you to the City Clerk in order to make a Sunshine Request, as mentioned in Jeremy Cover's email. The land use being undertaken on your property, being connected to the larger Capital Mall as a single building, falls into the category of "General Retail with building area more than 100,000 sf", which is a Special Exception Use within the C-1, C-2, and C-3 zoning districts. This category of zoning was established in 2002 with the re- write of the Jefferson City Zoning Code, and established as a Special Exception Use within those districts shortly afterward. I believe that the only reason that the C-1 district was included is because of the C-1 zoning of the Capital Mall, in an effort to keep it from being considered a nonconforming use. No Special Exception Permit has ever been issued for the Capital Mall nor the Dillards property. I believe that it is important to mention that Planning Division staff intend to propose a future zoning code amendment to remove "General Retail with building area more than 100,000 sr from the C-1 district (to prohibit it in that district), along with a number of other amendments that would further separate the C-1 Neighborhood Commercial zoning category from the more traffic oriented C-2 General Commercial district. This is necessary in order to protect other C-1 zoned areas in the City from such high volume retail uses. If the Dillards property remains zoned C-1, the use would become nonconforming within the C-1 district. Section 35-64 of the Zoning Code outlines regulations that apply to nonconforming uses, including the prohibition of restoration of uses damaged by greater than 75% of their fair market value. This may affect any plans by your company to sell or refinance the property, as a due diligence firm would likely uncover the improper zoning. Please do understand that we are trying to bring your property into conformance with our Zoning Code. The City has no place in any issues or disagreements between the anchor stores and the developer of the Capital Mall. Any approval of the signage, etc., associated with the Special Exception Permit by the City does not preempt the private agreements in place at the Capital Mall. It's encouraging that the developer has put together a plan for redevelopment of the mall for consideration by the community, and listening to the concerns from nearby residences regarding this plan. Should there be any amendments to the plan after consultation with anchor stores, etc, I would expect revisions to the special exception plan to be submitted to the City, if necessary. In the mean time, they have to start somewhere, and there are a lot of lingering issues associated with the Capital Mall development since its inception in the 1970's, including the improper zoning and various concerns from adjacent residential areas. Please take. some of this into consideration before continuing your opposition to the rezoning of your property Sincerely, 87 1IPage Eric Barron Senior Planner City of Jefferson 573-634-6419 From: Kim Brown rmailto:kim.brownCuldillards.coml Sent: Wednesday, January 14, 2015 3:30 PM To: Cover, Jeremy Cc: Barron, Eric; McMillan, Janice; Rob Kingsbury Subject: Re: Capital Mall- Dillard's proposed rezoning Jeremy, I am somewhat disappointed by the approach that Developer and the City have taken in the chain of emails below. Please do have Mr. Barron forward me the links to the zoning application. We will be back in touch once we have reviewed and discussed this matter with Missouri counsel. Kimberly G. Brown Real Estate Counsel Dillard Store Services, Inc. 1600 Cantrell Road Little Rock, AR 72201 (501) 376-5475 Direct Line (501)399-7502 Fax kim. brown(o)dillards.com On Wed, Jan 14, 2015 at 2:00 PM, Cover, Jeremy <JCovernieffcitymo.org> wrote: Kim, Eric Barron will send you links to the applicable applications. If you'd like to be mailed hard copies please submit a records request to our City Clerk, Phyllis Powell, at the e-mail address below. PPowell@4effcitymo.org Regards, Jeremy V. Cover Associate City Counselor City of Jefferson 320 E. McCarty St. Jaen City, MU651r .01 88 2 1 P a g e icover@ ieffcitvmo.ore P:(573)634-6315 F:-(573) 634-6504 From: Kim Brown(mailto:kim.brown(abdillards.coml Sent: Wednesday, January 14, 2015 1:53 PM To: Cover, Jeremy Cc: Barron, Eric; McMillan, Janice; Rob Kingsbury Subject: Re: Capital Mall- Dillard's proposed rezoning Jeremy, Please send us a complete copy of the zoning application within the timeframe required by Missouri's Sunshine law. Thanks, Kimberly G. Brown Real Estate Counsel Dillard Store Services, Inc. 1600 Cantrell Road Little Rock, AR 72201 (501) 376-5475 Direct Line (501)399-7502 Fax k i m. b row n o_d i l l a rd s. co m On Wed, Jan 14, 2015 at 1:51 PM, Brown, Kimberly <kim.brown Qdillards.com> wrote: Jeremy, Thanks for your email. We do not feel that a zoning change is in our best interests at this time given that it is being pursued in connection with changes to this center that we have not approved. I will advise management of your and Developer's positions and we will proceed in the way that best protects our interests. Respectfully, Kimberly G. Brown Meal Estate Counsel 89 31Paa.e Dillard Store Services, Inc. 1600 Cantrell Road Little Rock, AR 72201 (501) 376-5475 Direct Line (501)399-7502 Fax kim.brown 0d i lla rds.com On Wed, Jan 14, 2015 at 1:45 PM, Cover, Jeremy QCover(7u,ieffcitymo.org> wrote: Ms. Brown, I apologize for the delayed response. Yes, I agree with Mr. Barron's analysis. Chapter 89 of the Missouri Revised Statutes addresses planning and zoning matters. Sec. 89.050 allows a municipality to adopt, amend, and enforce a zoning map. The City Code reference is in Section 35-74.B.3.b (page 166), which states that zoning map amendments may be initiated by city staff. There are links below to both. If you're available for a conference call this afternoon or tomorrow Mr. Barron would be happy to explain why he thinks zoning change is appropriate and in the best interests of all parties, including Dillard's. http://www.moxa.mo.gov/mostatutes/stathtmi/08900000501.htm] http://Www.ieffcitymo.org/clerk/documents/chap35.pdf Thanks, Jeremy V. Cover Associate City Counselor City of Jefferson 320 E. McCarty St. Jefferson City, MO 65101 (cover@ ieffcitymo.ore P: (573) 634-6315 F: (573) 634-6504 From: Kim Brown[mailto:kim.brown(odillards.com] Sent: Friday, January 09, 2015 1:33 PM To: Cover, Jeremy Subject: Fwd: Capital Mall- Dillard's proposed rezoning Jeremy, Eric Barron suggested that I contact you. Do you agree with his analysis in the below email? Is it the City's position that Dillard's current use of its parcel, which has not changed in many years, is 41Page 90 inconsistent with the parcel's current zoning and that Dillard's consent is not required in conjunction with this City initiated proposed rezoning of Dillard's parcel? If so, would you kindly refer me to the law(s) or regulation(s) which support this position? I have not yet retained Missouri counsel for this matter and would like to better understand the applicable law and the City's position before I decide how to proceed. We attempted to obtain an explanation of what the owner of the Developer Parcel would like to do in the future (which would require our consent per the applicable documents), but they declined to provide us with any details and instead suggested that this rezoning was being pursued by the City and suggested we contact Eric. Since the meeting to discuss this proposed rezoning is scheduled for 1/15, I do not have an abundance of time to retain counsel to object to this, so a prompt response from you would be most appreciated. Many Thanks, Kimberly G. Brown Real Estate Counsel Dillard Store Services, Inc. 1600 Cantrell Road Little Rock, AR 72201 (501)376-5475 Direct Line (501) 399-7502 Fax kim. brown (W it la rds.com ---------- Forwarded message ---------- From: Christy Grimes <christy.erh esQdillards.com> Date: Fri, Jan 9, 2015 at 10:45 AM Subject: Fwd: Capital Mall- Dillard's proposed rezoning To: Kim Brown <kim.brown a,dillards.com> FYI on below Christy Grimes Property Manager Dillard Store Services, Inc. 1600 Cantrell Road Little Rock, AR 72201 (501) 376-5079 (Direct) (501)399-7502 (Fax) christy_.grimest(dillards.com ---------- Forwarded message ---------- From: Barron, Eric <EBarron n,ieffcitymo.orR> Date: Fri, Jan 9, 2015 at 10:23 AM Subject: RE: Capital Mall- Dillard's proposed rezoning To: Christy Grimes <christy.grimes a,dillards.com> Cc: "McMillan, Janice" <JMcIylillan a,ieffcitymo.org>, "Cover, Jeremy" QCover@ effcitymo.org> 91 51Page Christy, Our Associate City Counselor is Jeremy Cover, he is available at 573-634-6315. If you need anything else let me know. Sincerely, Eric Barron Senior Planner City of Jefferson 573-634-6419 From: Christy Grimes[mailto:christy.grimes(a)dillards.coml Sent: Friday, January 09, 2015 10:11 AM To: Barron, Eric Subject: Re: Capital Mall- Dillard's proposed rezoning Thanks for the information Eric. I have passed this information along to our attorney and she asked that I let you know we have not agreed to some of the changes the mall is planning (i.e. signage) and at this . point we have not approved a rezoning of our property. Do you have a legal contact on your side you can give me who she can discuss the issue further with if needed? Have a great weekend, Christy Grimes Property Manager Dillard Store Services, Inc. 1600 Cantrell Road Little Rock, AR 72201 (501) 376-5079 (Direct) (501) 399-7502 (Fax) cluisty.Qrimes a dillards.com On Wed, Jan 7, 2015 at 3:28 PM, Barron, Eric <EBarron cr,ieffcitymo.org> wrote: Hello Christy, The rezoning of the Dillard's property, which is proposed by City Staff, is connected to the rezoning of the bulk of the Capital Mall in that it is being done in order to keep the zoning of the Capital Mall development consistent (by unifying it under a C-2 General Commercial zoning) and to reduce non -conformities associated with this large retail development having an improper zoning district. The use of the property, including the Dillard's tract, conflicts with the purpose and intent of the C-1 Neighborhood Commercial zoning district and several of the standards and permitted uses of the C-1 district. In short, it is improperly zoned and has been for a very long time. The Rezoning and Special Exception Permit application is being proposed by the owners of the Mall property in order to accommodate the Ross Dress building expansion and placement of monument signs on Highway 50 and Truman Boulevard, as well as to accommodat-the future planned improvements to the property. I would 92 3 assume that these plans would still be subject to any private agreements that are in effect, as the City has no role in the REA or other agreements governing the operation of the Mall. If there are concerns about the differences between the C-1 and C-2 zoning districts, I'd be happy to discuss these differences with anyone involved. The Jefferson City Zoning Code is available on-line at: http://www.ieffcitymo.org/clerk/­documents/chap35.pdf There are a few sections that I would point out to show some of the differences between the districts: Section 35-26 (regarding the description of the districts) on page 15. The C-1 district refers to being intended to provide for small commercial services in residential neighborhood locations. The C-2 district refers to being intended for general trades and commercial services at highway locations. The C-1 district is not intended for major retail developments. Also, The C-1 district is called out as having a maximum district size of 30 acres. The C-2 district has no maximum district size. The Mall property as a whole, being greater than 50 acres in size, does not conform to the maximum acreage size for a C-1 district. Section 35-57 Outdoor Lighting Standards (page 101 and 102) —The C-1 district allows a maximum average of 2.0 footcandles of lighting across a parking lot. The C-2 districts allows for 3.0 footcandles. Section 35-59 Screening Bufferyard Standards (page 118 to 126) - There are differences in the Bufferyard standards between the zoning districts, although this is largely not applicable to the Dillard's Property (or the rest of the Mall) because there is a special bufferyard restriction along the eastern side of the property bordering a single family neighborhood, which far exceeds the bufferyard requirements outlined in the Zoning Code. Section 35-51— (page 90) The C-1 district has a maximum building height of 45 feet. The C-2 district has a maximum building height of 60 feet. There are minor differences in some of the setback requirements, with the C-2 district being less restrictive. Section 35-28 — Land Uses authorized in districts —The land use matrix located on pages 20 to 32 outlines the permitted, conditional, and special exception uses of each zoning district. Some notable land uses that are permitted in the C-2 district, but not in the C-1 district, include drive through restaurants, gas stations, and hotels greater than 50k sf. Two existing drive through restaurants on outlots of the Capital Mall (and proposed for rezoning as well) are non -conforming within the C-1 district. Chapter 3 of the City Code — Advertising and Signs - http://www.ieffcitymo.org/clerk/documents/chap03.pdf Section 3-4.A.2 regarding freestanding signage - Page 304 and 305 —The maximum height of a freestanding sign in the C-1 district is 10 feet. The C-2 district allows freestanding signs with a height of 32 feet. I believe there are two existing pole signs that are non -conforming because they are greater than 10 feet in height. The signage plan proposed by the Developers special exception application includes two monument signs that exceed the height allowance of the C-2 district, which is only possible when connected to the special exception plan. It is my understanding that all three anchor stores are to be represented on these signs. In short, the C-2 district is less restrictive than the C-1 district. It is odd (and somewhat embarrassing) that the largest retail building in our community has such a low level of commercial zoning applied to it. Again, I'd be happy to answer any questions or have a more detailed telephone discussion regarding either the redevelopment proposal for the Capital Mall or the staff initiated rezoning. Please contact me at 573-634- 6419. 93 71Page Sincerely, Eric Barron Senior Planner City of Jefferson 573-634-6419 From: Christy Grimes[mailto:christv.arimesCaldillards.coml Sent: Wednesday, January 07, 2015 9:59 AM To: Barron, Eric Subject: Capital Mall- Dillard's proposed rezoning Good morning Eric, We spoke briefly recently regarding the proposed rezoning of Dillard's store at Capital Mall. When our attorney received the notice regarding the rezoning, she sent the below email to our Capital Mall Developer contact. That person directed us back to you for answers. Is the staff initiated proposed rezoning of Dillard's connected to rezoning at the shopping center? Thanks for your assistance, Christy Grimes Property Manager Dillard Store Services, Inc. 1600 Cantrell Road Little Rock, AR 72201 (501) 376-5079 (Direct) (501) 399-7502 (Fax) christy.grimes@dillards.com ---------- Forwarded message ---------- From: Kim Brown <kim.broNvn(a)dillards.com> Date: Mon, Jan 5, 2015 at 11:26 AM Subject: Re: Capital Mall, Jefferson City To: Rob Kingsbury <rkingsbur y c farmercompanies.com> Cc: Chris Johnson <Chris.Johnson@dillards.com>, Christy Grimes <christy.grimes@dillards.com>, "swhite@covingtomealtypartners.com"<swhiteacovivatonrealtypartners.com>, "Chalegne O'Brien (cmoggreensfeldencom)" <cmo a,greensfelder.com>, "dbrown(acovingtonrealtypat1ners.com" <dbrown@covingtonrealtypartners.com> Rob, Please see the attached notice, which we just received from the Mayor of the City of Jefferson. We did not approve a change in zoning for any portion of the Shopping Center in connection with Developer's request that we approve a small expansion of the space to be leased to Ross Dress for Less. In addition 94 81Page to the proposed change in zoning of the Shopping Center, including our parcel, this notice references other changes within the center which we have not approved. Please send us detailed information on any proposed changes to the center that Developer is proposing to make and information on the differences between the current zoning and the proposed zoning, so I can discuss with Chris. Given the dates set forth in the attached notice, we need this information as soon as -possible. - Thanks, Kimberly G. Brown Real Estate Counsel Dillard Store Services, Inc. 1600 Cantrell Road Little Rock, AR 72201 (501) 376-5475 Direct Line (501)399-7502 Fax k im. brown (cad i I lards. com 95 91Page City of Jefferson Department of Planning 8 Protective Services 320 E. McCarty Street Jefferson City, MD 65101 May 6, 2015 Rob Kingsbury, Authorized Representative Capital Mall JC, LLC 221 Bolivar St. Suite 400 Jefferson City, MO 65101 Central Missouri Professional Services 2500 E. McCarty Street Jefferson City, MO 65101 Carrie Tercyin, Mayor Janice McMillan, AMP, Director Phone: 573.634-6410 Fax: 573.634.6457 RE: Case No. P16001 — Rezoning and Special Exception Use Permit 3600 Block of Country Club Drive and 3700 Block of W. Truman Boulevard Dear Mr. Kingsbury, As a follow up to your correspondence of May 1 regarding the above referenced Planning and Zoning case, staff have removed the portions of property owned by Dillard's and JC Penney from the special exception use permit proposal and have withdrawn the staff Initiated rezoning proposal for said property. The associated council bills for the rezoning and special exception use permit for the Capital Mall JC, LLC, property will proceed to the City Council on the following timeline: June 1, 2015 Introduction of the bills; June 15, 2015 Public Hearing and Bills Pending; the bills are eligible for passage at this time. The City Council meets at 6:00 p.m. in the Council Chambers of the John G. Christy Municipal Building, 320 East McCarty Street. Attached is correspondence sent to JC Penney and Dillard's regarding withdrawal of their property from the proposal. I have also attached the letter sent to surrounding property owner Informing them of the time and date of the public hearing. Should you have any questions concerning this matter please contact the Planning Division at 573- 634-6475. Sincerely, Eric Barron, AICP Senior Planner Attachments: Letter to JC Penney dated May 6 Letter to Dillard's dated May 6 Letter to adjacent property owners 96 City of Jefferson Department of Planning & Protective Services 320 E. McCarty Street Jefferson City, MO 65101 May 6, 2015 JC Penney Properties Inc. #2006-5 PO Box 10001 Dallas, TX 75301-1217 Brandon Barnett Senior Real Estate Manager — JC Penney 6501 Legacy Drive Plano, TX 75024 Carrie Terrain, Mayor Janice McMillan, AICP, Director Phone: 573.634.6410 Fax: 573.634.6457 JC Penney Department Store Attn: Store Manager 3600 Country Club Drive Jefferson City, MO 65109 RE: JC Penney property at Capital Mall 3600 Country Club Drive, Jefferson City, MO Special Exception Use Permit and Staff Initiated Rezoning Proposal (Case P15001) Dear Property Owner, At the request of the applicant, the JC Penney properly portion of the special exception use permit application for the Capital Mall has been withdrawn. Please see the attached correspondence from Rob Kingsbury. Also, city staff have elected to withdraw the proposal to rezone the JC Penney property from C-1 Neighborhood Commercial to C-2 General Commercial. The special exception use permit application and staff initiated rezoning proposal for property owned by Dillards has been similarly withdrawn. A public hearing for the rezoning and special exception use permit for the remaining portion of the Capital Mall, owned by Capital Mall JC, LLC, has been scheduled for Monday, June 15, 2015 at 6:00 p.m. in the Council Chamber of the John G. Christy Municipal Building, 320 East McCarty Street. If you have any questions concerning this matter please feel free to contact me at 573-634-6419 DEPARTMENT OF PLANNING AND PROTECTIVE SERVICES Eric Barron, AICP Senior Planner Attachments: Correspondence from Rob Kingsbury dated May 1, 2015 97 City of Jefferson Department of Planning 8 Protective Services 320 E. McCarty Street Jefferson City, MO 65101 May 6, 2015 Dillard Department Stores Inc. 4501 North Beach St. Fort Worth, TX 76137 Dillard Store Services, Inc. Attn: Kim Brown 1600 Cantrell Rd. Little Rock, AR 72201 Carrie Terain, Mayor Janice McMillan, AICP, Director Phone: 573.634-6410 Fax: 573.634-6457 Dillard's Department Store Alin: Store Manager 3600 Country Club Drive Jefferson City, MO 65109 RE: Dillard's property at Capital Mall 3600 Country Club Drive, Jefferson City, MO Special Exception Use Permit and Staff Initiated Rezoning Proposal (Case P15001) Dear Properly Owner, At the request of the applicant, the Dillards properly portion of the special exception use permit application for the Capital Mall has been withdrawn. Please see the attached correspondence from Rob Kingsbury. Also, city staff have elected to withdraw the proposal to rezone the Dillards property from C-1 Neighborhood Commercial to C-2 General Commercial. The special exception use permit application and staff initiated rezoning proposal for property owned by JC Penney has been similarly withdrawn. A public hearing for the rezoning and special exception use permit for the remaining portion of the Capital Mall, owned by Capital Mall JC, LLC, has been scheduled for Monday, June 15, 2015 at 6:00 p.m. In the Council Chamber of the John G. Christy Municipal Building, 320 East McCarty Street. If you have any questions concerning this matter please feel free to contact me at 573-634-6419 DEPARTMENT OF PLANNING AND PROTECTIVE SERVICES Eric Barron, AICP Senior Planner Attachments: Correspondence from Rob Kingsbury dated May 1, 2015 98 City of Jefferson Department of Planning 8 Protective Services 320 E McCarty St. Jefferson City, MO 65101 January 2, 2015 Dear Property Owner: Eric J. Struemph, Mayor Janice McMillan, AICP, Director Phone: 573.634.6410 Fax: 573.634-6457 This letter is to notify you that the Jefferson City Planning and Zoning Commission will meet at 5:15 p.m. on Thursday, January 15, 2015 in the Council Chambers of the John G. Christy Municipal Building, 320 East McCarty Street, to consider the following matter (see map on back): Case No. P15001 — 3600 Block of Country Club Drive and 3700 Block of West Truman Boulevard, Rezoning, Special Exception Permit, and Preliminary Plat. Applications filed by Capital Mall JC LLC, property owner, and city staff for the following: 1. A rezoning of approximately 61 acres from C-1 Neighborhood Commercial to C-2 General Commercial. 2. A special exception permit for a general retail use with greater than 100,000 square feet of building area. 3. A preliminary plat for the property and associated new and existing outlots. The property is located at the northeast corner of the intersection of West Truman Boulevard and Country Club Drive. Businesses located on the property include the Capital Mall, Hy -Vee grocery store, outlots occupied by Wendy's, Pizza Hut, and Hardees, and two undeveloped outlots on Country Club Drive. The property is described as part of the South Half of Section 4 and part of Section 9, Township 44 North, Range 12 West, Jefferson City, Missouri (Central Missouri Professional Services, Consultant). As a nearby landowner and/or neighbor, you have the privilege of attending this hearing. Unfortunately, we are unable to record comments received by telephone, however, written comments may be directed to the Planning and Zoning Commission in one of the following ways: e-mail: jcplanning@jeffcitymo.org fax: Dept. of Planning and Protective Services/ Planning Division 573-634-6457 mail: Dept. of Planning and Protective Services / Planning Division John G. Christy Municipal Building, 320 E. McCarty Street Jefferson City, MO 65101 Written comments received on or before 1:00 p.m. on the day of the meeting will be made a part of the official record and copied and distributed to Commission members at the meeting. Those unable to provide written comments in advance are invited to deliver their comments to the Commission Chairman only at the meeting. Correspondence received after 1:00 p.m. will be included in the official record, but there is no guarantee that copies will be made for distribution to all Commission members. For your information, this case is tentatively scheduled for a public hearing in front of the City Council on March 2, 2015. The City Council meets at 6:00 p.m. in the Council Chambers of the John G. Christy Municipal Building, 320 East McCarty Street. Information regarding this case may be viewed on the Planning and Zoning Commission webpage at: www.jeffcitymo.org/pps/planning/pzcommission.html. If you have any questions concerning this matter, please feel free to contact us at 573.634.6475. Sincerely, Eric Barron, AICP Senior Planner Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Please call (573) 634-6410 with questions regarding agenda items. 99 City of Jefferson Department of Planning & Protective Services 320 E. McCarty St. Jefferson City, MD 65101 February 16, 2015 Eric J. Struemph, Mayor Janice McMillan, AICP, Director Phone: 573.634.6410 Fax: 573.634.6457 RE: Capital Mall Redevelopment Plan - Case No. P15001 — 3600 Block of Country Club Drive and 3700 Block of West Truman Boulevard, Rezoning and Special Exception Permit. Dear Property Owner, This letter is to notify you of the following in regards to the Capital Mali case referenced above: 1. The applicant has made minor revisions to the signage plan, including a modified design for the pylon signs and allowance for two (rather than one) pylon signs at the Truman Boulevard entrance into the Mall. 2. The applicant has requested to pursue the signage portion of the plan only at this time, while delaying approval of the remainder of the plan, including the special exception permit and rezoning, for approximately two months. The purpose of the two month delay is to discuss details, and receive feedback, on the plan from anchor stores and other major tenants of the Mall. The revised signage plan, including descriptions of changes, is available on the Planning Division website at: http://mvvi.ieffcitymo.org/pps/olanninq/pzcommission.htmi. A public hearing on the revised signage plan in front of the City Council has been scheduled for March 2, 2015. The City Council meets at 6:00 p.m. in the Council Chambers of the John G. Christy Municipal Building, 320 East McCarty Street. A revised date for the public hearing on the remainder of the plan has not yet been set. A letter informing you of the revised date will be mailed after a new public hearing date is scheduled (probably within about two months). Public hearing notice signs on the properly will also be placed once the new public hearing date is scheduled. Written comments on the signage proposal and/or special exception permit and rezoning may be directed to the City Clerk in one of the following ways: e-mail: ppowell@jeffcitymo.org fax: Office of the City Clerk - 573.634-6457 mail: Office of the City Clerk, John G. Christy Municipal Building, 320 E. McCarty Street Jefferson City, MO 65101 Information regarding this case may be viewed on the Planning and Zoning Commission webpage at: vNAv.ieffcitvmo.oro/Dps/planning/pzcommission html. If you have any questions concerning this matter, please feel free to contact us at 573.634.6475. Sincerely, Edo Barron, AICP Senior Planner Individuals should contact the ADA Coordinator al (573) 634.6570 to request accommudalions or alternative formals as required under the Americans with Disabilities Act. Please allow three business days to process the request. Please call (573) 634.6410 with questions regarding agenda items. 100 CHH of Jefferson Department of Planning 8 Protective Services 320 E. McCarty Street Jefferson City, MO 65101 May 6, 2015 Carrie Terain, Mayor Janice McMillan, AICP, Director Phone: 573.634.6410 Fax: 573634.6457 RE: Capital Mall Redevelopment Plan - Case No. P15001 — 3600 Block of Country Club Drive and 3700 Block of West Truman Boulevard, Rezoning and Special Exception Permit. Dear Property Owner, As a follow up to previous correspondence regarding the case referenced above, this letter is to notify you that the public hearing date before the City Council has been scheduled for 6:00 p.m. on Monday, June 15, 2015 in the Council Chambers of the John G. Christy Municipal Building, 320 East McCarty Street. The Special Exception and Rezoning case has been modified as follows: 1. The tracts of properly owned by JC Penney and Dillard's have been withdrawn from the rezoning proposal, and are therefore proposed to remain zoned C-1 Neighborhood Commercial. 2. The Special Exception Use Permit (establishing "big box retail" greater than 100,000 square feet as a permitted use) has been modified to exclude the tracts owned by JC Penney and Dillard's. The parking lot landscaping Improvements across these tracts will proceed as outlined in the plan. Written comments on the special exception permit and rezoning may be directed to the City Clerk in one of the following ways: e-mail: ppowell@jeffcitymo.org fax: Office of the City Clerk - 573-634-6457 mall: Office of the City Clerk, John G. Christy Municipal Building, 320 E. McCarty Street Jefferson City, MO 65101 Information regarding this case may be viewed on the Planning and Zoning Commission webpage at: www.ieffcitVmo.org/pps/planninq/ozcornmission.htmi. If you have any questions concerning this matter, please feel free to contact us at 573.634.6475. Sincerely, Eric Barron, AICP Senior Planner Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Please call (573) 634-6410 with questions regarding agenda items. 101 Jefferson City Planning & Zoning Commission Page 1 Property Owners List Case No. P15001 3600 Block of Country Club Drive January 15, 2015 3700 Block of W. Truman Boulevard STUART, T M ENTERPRISES L L C CAPITAL MALL 1 C 3 PO BOX 6794 C/O GOODRICH QUALITY THEATERS L L C JEFFERSON CITY, MO 65102 4417 BROADMOOR SE 210 VENTURA AVE KENTWOOD, MI 49512 3550 COUNTRY CLUB DR CAPITAL MALL J C 2 L L C C/O DAVID BAILIE C/OHY- VEEFOODSTORESINC 5820 WESTOWN PARKWAY WEST DES MOINES, IA 50266-0002 3721 W TRUMAN BLVD PENNEY, J C PROPERTIES INC, #2006-5 PO BOX 10001 PROPERTY TAX OFFICE DALLAS, TX 75301-1217 3600 COUNTRY CLUB DR SOUTHARD COMFORT PROPERTIES L L C 223 SUMMERHILL DR JEFFERSON CITY, MO 65109 210 PRODO DR KOLB, LAWRENCE F & CATHERINE M KOLB, LAWRENCE F TRUST, TRUSTEES PO BOX 6850 JEFFERSON CITY, MO 65102-6850 214 PRODO DR BRM2002LLC 210 KAYLOR BRIDGE RD CENTERTOWN, MO 65023 3515 AMAZONAS DR CAPITAL MALL J C 4, L L C 221 BOLIVAR ST, STE 400 JEFFERSON CITY, MO 65101 3546 COUNTRY CLUB DR DILLARD DEPARTMENT STORES INC 4501 NORTH BEACH ST FORT WORTH, TX 76137 3600 COUNTRY CLUB DR CROWN CINEMA CORPORATION C/O GOODRICH QUALITY THEATERS 4417 BROADMOOR AVE SE KENTWOOD, MI 49512 3550 S COUNTRY CLUB DR GOLDAMMER FAMILY LIMITED PARTNERSHIP 5511 SONOMA PL JEFFERSON CITY, MO 65109 427 VIRGINIA TRL WATSON, JOHN R & JULIE K 425 VIRGINIA TRL_ JEFFERSON CITY, MO 65109 425 VIRGINIA TRL IRWIN, DON & DIANE IRWIN, TRUSTEES 423 VIRGINIA TRL JEFFERSON CITY, MO 65109 423 VIRGINIA TRL SHELTON, JAMES A& DIANNA C 421 VIRGINIA TRL JEFFERSON CITY, MO 65109 421 VIRGINIA TRL ALBERT, STEVEN P 419 VIRGINIA TRL JEFFERSON CITY, MO 65109-6840 419 VIRGINIA TRL HOWERTON, RICHARD MO PUBLIC ENTITY RISK MANAGEMENT PROPERTIES & DEVELOPMENT INC PO BOX 574 JEFFERSON CITY, MO 65102 3425 CONSTITUTION CT 102 Jefferson City Planning & Zoning Commission Page 2 Property Owners List Case No. P15001 3600 Block of Country Club Drive January 15, 2015 3700 Block of W. Truman Boulevard THOMAS, DOUGLAS B& PATRICIA N CAPITAL MALL J C 7, L L C 3444 HOBBS LN 221 BOLIVAR ST, STE 400 JEFFERSON CITY, MO 65109 JEFFERSON CITY, MO 65101 3444 HOBBS LN 3524 COUNTRY CLUB DR CARNEY, BART 1 & AMANDA E TERGIN, IRENE & JAMES G, TRUSTEES 3440 HOBBS LN 3501 COUNTRY CLUB DR JEFFERSON CITY, MO 65109 JEFFERSON CITY, MO 65109 3440 HOBBS LN 3501 COUNTRY CLUB DR RILEY, CAROL A SCHELL, PATRICIA T, TRUSTEE 3448 HOBBS LN 3503 COUNTRY CLUB DR JEFFERSON CITY, MO 65109 JEFFERSON CITY, MO 65109 3448 HOBBS LN 3503 COUNTRY CLUB DR FELDMANN, JOHN W CAPITAL MALL J C 6, L L C DAGGS, AMY L 221 BOLIVAR ST, STE 400 3454 HOBBS LN JEFFERSON CITY, MO 65101 JEFFERSON CITY, MO 65109 3515 COUNTRY CLUB DR 3454 HOBBS LN 3525 COUNTRY CLUB DR 3459 HOBBS LN ARCP CLAIBORNE, MARTHA ANN TRUSTEE C/OAMERICAN REALTY CAPITAL PROPERTIES 3460 HOBBS LN R L PORTFOLIO III L L C JEFFERSON CITY, MO 65109 2325 E CAMELBACK RD, STE 1100 3460 HOBBS LN PHOENIX, AZ 85016 221 BOLIVAR ST, STE 400 3519 COUNTRY CLUB DR HAIGHT, RANDALL D & BECKYJ 3463 HOBBS LN 0 K PARTNERS JEFFERSON CITY, MO 65109 A MO PARTNERSHIP 3463 HOBBS LN PO BOX 6850 JEFFERSON CITY, MO 65102 LAWRENCE, PATRICIA 5 & STANLEY C 3525 COUNTRY CLUB DR 3459 HOBBS LN JEFFERSON CITY, MO 65109 WILDWOOD CROSSINGS SHOPPING CENTER, 3459 HOBBS LN LLC 6310 LAMAR AVE, STE 220 CAPITAL MALL J C 5, L L C OVERLAND PARK, KS 66202 221 BOLIVAR ST, STE 400 3535 MISSOURI BLVD JEFFERSON CITY, MO 65101 3516 COUNTRY CLUB DR RARE HOSPITALITY INTERNATIONAL INC DBA 0125219 - CORP TAX DILLARD DEPARTMENT STORES INC PO BOX 695016 4501 NORTH BEACH ST ORLANDO, FL 32869-5016 FORT WORTH, TX 76137 3545 MISSOURI BLVD 3600 COUNTRY CLUB DR 103 Jefferson City Planning & Zoning Commission Property Owners List Case No. P15001 3600 Block of Country Club Drive 3700 Block of W. Truman Boulevard DIVISION OF FACILITIES MANAGEMENT DESIGN & CONSTRUCTION LEASING SECTION PO BOX 809 JEFFERSON CITY, MO 65102 615 HOWERTON CT 3605 MISSOURI BLVD CAPITAL MALL J C 1, L L C 221 BOLIVAR ST, STE 400 JEFFERSON CITY, MO 65101 3600 COUNTRY CLUB DR CAPITAL MALL J C 8, L L C 221 BOLIVAR ST, STE 400 JEFFERSON CITY, MO 65101 3530 COUNTRY CLUB DR. CENTRAL TRUST BANK 238 MADISON ST JEFFERSON CITY, MO 65101 3533 COUNTRY CLUB DR CAPITAL MALL J C 10 C/O RASH #402-25-2086, L L C P 0 BOX 4349 ANAHIEM, CA 92803 3601 COUNTRY CLUB DR WILDWOOD REAL ESTATE CO INC 221 BOLIVAR ST JEFFERSON CITY, MO 65101 3750 W TRUMAN BLVD WILDWOOD REAL ESTATE CO ATTN: PROPERTY TAX DEPT C/O WALGREEN CO 300 WILMOT RD DEERFIELD, IL 60015 3740 W TRUMAN BLVD CAPITAL PLAZA WEST L L C C/O DICK OTKE CONSTRUCTION 604 MISSOURI BLVD CT, #D JEFFERSON CITY, MO 65109-5842 3702 W TRUMAN BLVD Page 3 January 15, 2015 CONCORD BAPTIST CHURCH OF JEFFERSON CITY INC 3724 W TRUMAN BLVD JEFFERSON CITY, MO 65109 3724 W TRUMAN BLVD 3720 W TRUMAN BLVD HAWTHORN BANK 132 E HIGH ST JEFFERSON CITY, MO 65101 3701 W TRUMAN BLVD JEFFERSON CITY AREA YMCA PO BOX 104176 JEFFERSON CITY, MO 65110-4176 3507 AMAZONAS DR LIGHTHOUSE PREPARATORY ACADEMY PO BOX 105072 JEFFERSON CITY, MO 65110 216 EL MERCADO PLZ CAPITAL MALL 1 C 9 . C/O WENDYS OF MO INC, L L C 1855 S INGRAM MILL RD, STE 100 SPRINGFIELD, MO 65804 3536 COUNTRY CLUB DR GORDON, DANIEL 2509 MISSOURI BLVD, #A JEFFERSON CITY, MO 65109 3605 COUNTRY CLUB DR UNITED TELEPHONE COMPANY OF MO 6666 WEST 110TH STREET OVERLAND PARK, KS 66211 3621 COUNTRY CLUB DR EHRHARDTS JEFFERSON CITY L L C #2 MELGROVE, STE 200 HANNIBAL, MO 63401 3850 COUNTRY CLUB DR 104 Jefferson City Planning & Zoning Commission Page 4 Property Owners List Case No. P15001 3600 Block of Country Club Drive January 15, 2015 3700 Block of W. Truman Boulevard JEFFERSON CITY COUNTRY CLUB 516 S COUNTRY CLUB DR JEFFERSON CITY, MO 65109 516 S COUNTRY CLUB DR ORSCHELN PROPERTIES CO L L C PO BOX 676 MOBERLY, MO 65270 3705 MISSOURI BLVD MISSOURI FARM BUREAU FEDERATION PO BOX 658 JEFFERSON CITY, MO 65102 701 S COUNTRY CLUB DR T& D PROPERTIES OF J C, L L C 201 SW 40TH ST FARGO, ND 58103 3625 MISSOURI BLVD LCIHOBBS LLC 505 HOBBS RD - JEFFERSON CITY, MO 65109 505 HOBBS RD 105 Case No. P15001 N 3600 Block of Country Club Drive and 3700 Block of West Truman Boulevard w E Rezoning from C1 to C-2 and S Special Exception Permit for Size of 0 275 650 1,100 1,650 2,200 Retail Building Feet 185 ft. Notification Buffer K 13116N R1 A- ,. LL, N N MILE DR TERRABELLADR iii JN<�y_a CeLriiiNa - s O -- HARVEST DR = x N r 2' OO�O S7.ONEOR n 106 AmER, 1c VE PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COM USSION January 15, 2015 Case No. P15001 — 3600 Block of Country Club Drive and 3700 Block of West Truman Boulevard, Rezoning, Special Exception Permit, and Preliminary Plat. Applications filed by Capital Mall JC LLC, property owner, and city staff for the following: 1. A rezoning of approximately 61 acres from C-1 Neighborhood Commercial to C-2 General Commercial. 2. A special exception permit for a general retail use with greater than 100,000 square feet of building area. 3. A preliminary plat for the property and associated new and existing outlots. The property is located at the northeast comer of the intersection of West Truman Boulevard and Country Club Drive. Businesses located on the property include the Capital Mall, Hy -Vee grocery store, outlots occupied by Wendy's, Pizza Hut, and Hardees, and two undeveloped outlots on Country Club Drive. The property is described as part of the South Half of Section 4 and part of Section 9, Township 44 North, Range 12 West, Jefferson City, Missouri (Central Missouri Professional Services, Consultant). Nature of Reauest The owner/developer of the Capital Mall has prepared a plan for the redevelopment of the Mall and surrounding outlots. Due to its size of greater than 100,000 square feet, the Capital Mall is defined as a Big Box retail development and must obtain a Special Exception Use Permit and adhere to certain design guidelines. The owner is also proposing a rezoning of the property from C-1 Neighborhood Commercial to C-2 General Commercial in order to bring the zoning of the property into better alignment with the high traffic commercial use. A companion rezoning request filed by city staff would rezone two tracts held by other owners (JC Penney and Dillards) in order to unify the zoning of the Capital Mall complex and better match the existing use of these two parcels. A preliminary plat formalizing the existing outlots and creation of three additional outlots is also proposed. Location and Access The subject property is located at the northeast comer of the intersection of West Truman Boulevard and Country Club Drive, and includes several outlots surrounding the mall building and two outlots on the south side of Country Club Drive. The proposal includes property occupied by the Hy -Vee grocery store, Capital 8 Theaters, Pizza Hut, Wendy's, Hardee's, Sears, JC Penney, Dillards, and all businesses within the Capital Mall. The property is accessed via a stoplight intersection on Truman Boulevard, several driveways on Country Club Drive, and via Prodo Drive to the north. Staff Analysis Rezoning: The current C-1 Neighborhood Commercial zoning of the Capital Mall is in conflict with the intended use of that district, and the scale of commercial activity at the Capital Mall is more characteristic of properties zoned C-2 General Commercial. Several non -conforming situations exist because of the C-1 zoning, including the size of the district (which is a maximum of 10 acres for the C-1 district) and the two drive through restaurants (which are not permitted in the C-1 district). In order to remove non -conforming situations and conflicts with the intended purpose of the C-1 district, planning division staff advocate that the bulk of the Capital Mall property should be rezoned to C-2 General Commercial (with possible retention of the C-1 zoning for outlots adjacent to the single family neighborhood on Country Club Drive). To this effect, Planning division staff have paired up a staff initiated rezoning of the Dillards and JC Penny tracts with the developer/owners application to rezone the property. Preliminary Subdivision Plat: The proposed Preliminary Plat details the street network, utility plan, and lot layout of development. A Final Plat, which would formally divide the property into lots) would be submitted at a later date. Acreage: 59.72 Number of Lots: 12 Streets: No changes to the street network are proposed with the Preliminary Plat. Sidewalks: Sidewalks are proposed within the associated Special Exception Site Plan. Utilities: Utility extensions (primarily Sanitary Sewer extensions) are proposed to serve all lots (with the exception of Lot 9, which may require an easement for purposes of sewer service). 107 Planning and Zoning Commission Case No. P 15001 January 15, 2015 Page 2 Special Exception Permit: Section 35-41 B.23 of the zoning code establishes design standards for Superstore/Big Box Retail Developments. The site plan and accompanying drawings have been reviewed for compliance with these standards with the following findings: 1, Community Spaces — Major new big box developments must be linked with the community and contain at least two design features or amenities. A number of community spaces are contained within the existing Capital Mall development including seating spaces within the interior of the building and landscaping and benches at the main entrance. 2. Setbacks — The building fagade must set back at least 35 feet from all property lines. The building exceeds the 35 foot setback requirement on all property lines. 3. Landscaping — The landscaping requirements for the site are as follows: a. A Type A landscaping buffer must be provided along all abutting roadways and a Type B landscaping buffer must be provided along all other external property lines. The applicant has submitted a landscaping plan that shows landscaping around the perimeter of the parking lot adjacent to roadways and a natural bufferyard along the eastern side of the property. The proposal meets the bufferyard requirements. b. At least 35% of the paved area of the parking lot must be shaded. The parking lot landscaping shown on the site plan would result in a parking lot shading coverage of approximately 37%. c. All landscaped areas shall be a minimum of 10 feet in width, 150 square feet, and protected by raised curbs. The site plan shows that the landscaped areas will meet this requirement. d. Parking lots greater than 150 spaces shall be separated by landscaped strips. Although the proposal does not meet the specific requirement of breaking up the parking lot into sections of 150 spaces or less, the parking lot landscaping plan does meet the intent of the requirement through extensive use of landscaping. It is recognized that the installation of landscaped strips within the existing Capital Mall parking lot would be problematic due to the effect on the existing dimensional layout of the parking lot. e. A minimum of three species of trees shall be utilized in the landscaping plan. The landscaping plan indicates a total of 28 different species of trees. 4. Pedestrian Circulation — Compliance with the Pedestrian access and safety requirements for Big Box/Superstore developments is as follows: a. A 5 foot sidewalk is planned to be constructed along portions of Truman Boulevard and Country Club Drive. Sidewalk connections from both of these roadways to entrances of the Mall are also proposed. b. A sidewalk of at least 8 feet in width exists along the frontages of the building near customer entrances. c. The pedestrian walkways in front of the building are planned to be colored and scored concrete in order to distinguish them from the regular driving surface. d. Two bus stops are planned, one at the main entrance and one at the entrance on the north side of the mall adjacent to Scars. 5. Loading Areas, Trash Collection, and Outdoor Storage — Screening walls are indicated at the Sears loading docks and at a Mall tenant loading area on the south side of the Mall adjacent to Sears. 6. Building Design — The building facades have a combination of wall projections and recesses as required for Big Box/Superstore developments 7. Entryways —A minimum of three design features are required for entryways. Recessed entryways, extensive use of windows, a comiced parapet, and stone/brickwork will be utilized to add character to the entryways. 8. Parking — 3,268 parking spaces are provided to serve the development, which exceeds the zoning code requirement of 3,030 spaces. 108 Planning and Zoning Commission Case No. P15001 January 15, 2015 Page 3 9. Sienaee— a. Building Mounted Signage: The signage plan consists of a variety of building mounted signage representing tenants within the Mall with total building mounted signage not to exceed 3,548 square feet. b. Freestanding Signage — Five freestanding signs are proposed as follows: i. Hy -Vee sign — to be located on the Hy -Vee outlot adjacent to Truman Boulevard. ii. Two Capital Mall Signs — to be located at the main entrances on Country Club Dr. iii. Truman Boulevard Pylon Sign — decorative pylon sign with stonework on pillars and space for multiple tenants to be represented. Proposed with a height of 36 feet and signage area of 248.5 square feet. An electronic message center is proposed within the sign structure. To be located at the Truman Boulevard entrance to the Mall. iv. Highway 50 sign — decorative pylon sign with stonework on pillars and space for multiple tenants to be represented. Proposed with a height of 50 feet and signage area of 530.8 square feet. An electronic message center is proposed within the sign structure. To be located adjacent to Highway 50. 10. Lighting Plan — The lighting plan proposes parking lot lighting foot-candle levels ranging from 5.0 (near the Ross Dress tenant space) to 2.8 (east of Dillards). The lighting plan slightly exceeds the maximum average of 3.0 footcandles in the C-2 district, although it is noteworthy that the brighter areas are located toward Truman Boulevard and dimmer areas are adjacent to residential areas. 11. Other notable elements — a. Bufferyard(PUD restricted area — the layered bufferyard on the eastern side of the property (established as a special development district at the time of the original construction of the Capital Mall) is proposed to be modified as follows: Purpose Existing Proposed Area A Natural Area 88'-190' 88'-190' Area B Landscaped Area 50' 30' Area C Internal Driveway 30' 40' Area D Parking Lot (no buildings) 75' 85' Area E Landscaped Area 50' 50' Area F Parking Lot 50' 50' Area B is proposed to be re -designated as a Natural Area. The 30' light pole height restrictions of Area's D and F are proposed to be removed. b. Outlets — the outlots shown on the Special Exception plan are proposed to be developed according to normal zoning code requirements, with administrative review (if applicable) and allowed uses as for the zoning of the property as outlined within the zoning code. Development of outlots 6 and 7 (which each have portions of PUD zoned property) would not require a PUD plan submittal if developed in accordance with the bufferyard restrictions outlined for these areas. c. Landscaped Island — The landscaped island on Country Club Drive is proposed to be replaced with a roundabout intersection. Please see the Public Works staff report for a more detailed analysis of the street modifications. Review Criteria and Allowed Conditions No special exception use shall be approved unless the Commission finds that the use and plan: 1. Is consistent with the purpose and intent of the zoning ordinance and the comprehensive plan; and 2. Will not substantially and permanently injure the appropriate use of neighboring property; and 3. Will not overburden municipal services, cause traffic, parking or environmental problems, or adversely affect the health, safety and welfare of the community. If necessary, conditions may be imposed which: a) limit the operation of the use, b) impose performance standards to mitigate potential incompatible activities, and c) adjust the site design and layout to mitigate potential negative impacts. 109 Planning and Zoning Commission Case No. P15001 January 15, 2015 Page 4 Staff Recommendation Review of the proposed site plan, landscaping plan, and building elevation drawings indicates compliance with the design standards for Superstore/Big Box Retail Developments with the following exceptions: 1. Parking lot separation — The parking lot is not separated by landscaped strips into areas of 150 spaces or less. 2. Parking lot lighting —Portions of the parking lot lighting levels exceed the maximum of 3.0 footcandles in the C-2 district. The required findings under the review criteria appear to be met. The Capital Mall is an existing large scale retail operation and the development plan will not overburden municipal services. Form of Motion 1. Motion to approve the request to rezone the property, including existing and proposed outlots, from C-1 Neighborhood Commercial to C-2 General Commercial. 2. Motion for approval of the Special Exception Use Permit with the following conditions. a. Electronic Message Centers to adhere to Chapter 3 (Advertising and Signage). b. The noted exceptions of parking lot separation and parking lot lighting approved as outlined with the plan. 3. Motion for approval of the Preliminary Subdivision Plat. 110 Jefferson City Planning & Zoning Commission Meeting Engineering Division Staff Report Thursday, January 15, 2015, 5:15pm Item 6. — New Business/Pubtic Hearings Case No. P15001—Special Exception Site Plan, Preliminary Plat, 3600 Block, Country Club Drive and 3700 Block, Truman Blvd. for the Capital Mall JC Property (Zoned C-1/PUD, currently - Proposed as C-2/PUD) ENGINEERING STAFF RECOMMENDATION - Support approval of the overall special exception site plan and preliminary plat subject to; Review comments /technical corrections highlighted to be addressed by revising the preliminary plan, prior to consideration by the City Council. Existing Infrastructure Infrastructure for this development currently exists, including- -Detention basins on the north and northeast areas of the property. -Storm Water Drainage systems throughout the development. -Sanitary sewer systems throughout the property. -Utilities serving the existing buildings on the property. -Sidewalk previously constructed along the west side of Truman Blvd. Improvements Roadway Improvements A mini roundabout is being proposed to replace the splitter/landscaped island on Country Club Drive near the southeast area of the property (approximately 70' in diameter). -The existing splitter landscaped island provides a defined visual barrier between the commercial frontage along Country Club Drive and the residential neighborhood to the east. -In order to; maintain a visual barrier that exists currently; and provide safe and sufficient turning movements in and out of any future drive access; and maintain sufficient vehicular movement for Country Club Drive (a major City street serving the Country Club Drive neighborhood); The Department of Public Works will consider the following options for any future roadway improvements at this location; 1. Provide a roundabout large enough to accommodate all turning movements: access to the southern vacant lot and to provide a landscape element within the center circle that would still provide a visual barrier (minimum size of IIWin diameter)_ 2. Keep the existing splitter island as it exists today or with additional enhancements to the landscaped area/curbinglpavinQ. This option could also include rebuildinzIrelocatinz a portion ofthe island to provide adequate direct drive access (including appropriate sight distance) for the vacant lot to the south (such as placing the driveway on the western side of the south lot frontage The special exception plan should be revised to indicate the(se) options to be pMposedlYsted. 111 Storm Water Drainage, Storm Water Quality and Erosion and Sediment Control Approximately 1.2 acres of paved area will be removed in order to plant landscaping, trees etc. -Detention basins, pipe outlet areas, etc. are to be cleaned out, trash, debris and dead vegetation removed, -The areas will then be re -landscaped, restored and incorporated into the landscaping maintenance program for the mall property. -Erosion/sediment control plans will be included with the final phased construction plans to be submitted based upon this overall plan. Sanitary Sewer All new out -lots are to be served by sanitary sewer, either by the existing mains or new main extensions throughout the site. -Upgrades /easements will be provided /dedicated for some of the existing mains on the property to formalize City ownership /maintenance of appropriate sewers onsite. Sidewalk Sidewalk is being proposed along Country Club Drive and Truman Blvd. along Hy -Vee frontage. -Sidewalk is proposed along all entry/exit drives to the mall to connect to the public sidewalk along roadways. -Crosswalks are being proposed internally at Hy -Vee and the Capital 8 Theatres. Transit Service Two (2) internal locations exist for Transit Service for Mall patrons, one (1) the eastern most main entrance and one (1) north of the Mall entrance near the Hy -Vee Fueling Station north of Sears. -A bus shelter is being proposed and the bus stop is to be relocated closer to the Mall entrance nearest Sears on the north side; next to the accessible sidewalk and crosswalk proposed. Street Access / Traffic Impact Information concerning traffic impact is still being compiled and will need to be formally submitted. -Minimal impact upon the roadway network is anticipated at this time. Utilities / Fire Hydrants / Street Lights All facilities proposed will need to meet current City Standards and requirements. 112 EXCERPT OF APPROVED MINUTES JEFFERSON CITY PLANNING AND ZONING COMMISSION January 15, 2015 5:15 P.M. COMMISSION MEMBERS PRESENT ATTENDANCE RECORD Jack Deeken 6 of 7 Dean Dutoi 4 of 7 Chris Jordan, Vice Chairman 5 of 7 David Nunn 6 of 7 Ralph Robinett, Chairman 4 of 7 Dale Vaughan 7 of 7 Bunnie Trickey Cotten, Alternate 6 of 7 Ron Fitzwater, Alternate 4 of 7 Kevin Thoenen, Alternate 3 of 7 COMMISSION MEMBERS ABSENT Bob George 5 of 7 Michael Lester 6 of 7 Chris Yarnell 5 of 7 EX -OFFICIO MEMBERS PRESENT Carlos Graham, City Council Liaison Ken Hussey, Alternate 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 New Business/Public Hearings Case No. P15001 — 3600 Block of Country Club Drive and 3700 Block of West Truman Boulevard, Rezoning, Special Exception Permit, and Preliminary Plat. Applications filed by Capital Mall JC LLC, property owner, and city staff for the following: 1. A rezoning of approximately 61 acres from C-1 Neighborhood Commercial to C-2 General Commercial. 2. A special exception permit for a general retail use with greater than 100,000 square feet of building area. 3. A preliminary plat for the property and associated new and existing outlots. The property is located at the northeast corner of the intersection of West Truman Boulevard and Country Club Drive. Businesses located on the property include the Capital Mall, Hy -Vee grocery store, outlots occupied by Wendy's, Pizza Hut, and Hardees, and two undeveloped outlots on Country Club Drive. The property is described as part of the South Half of Section 4 and part of Section 9, Township 44 North, Range 12 West, Jefferson City, Missouri (Central Missouri Professional Services, Consultant). Mr. Barron briefly discussed the handouts provided to the audience, Commission members, Council Liaisons and staff. He explained that a revised plan for the Capital Mall redevelopment was distributed by the Consultant. Mr. Barron stated that the revised plan addresses comments and concerns from the adjacent neighborhood. Mr. Barron described the proposal and explained that the owner/developer of the Capital Mall has prepared a plan for the redevelopment of the Mall and surrounding outlots. He stated that due to its size of greater than 100,000 square feet, the Capital Mall is defined as a Big Box retail development and must obtain a Special Exception Use Permit and adhere to certain design guidelines. Mr. Barron explained that the owner is also proposing a rezoning of the property from C-1 Neighborhood Commercial to C-2 General Commercial in order to bring the zoning of the property into better alignment with the high traffic commercial use. He stated that the proposal includes property occupied by the Hy -Vee grocery store, Capital 8 Theaters, Pizza Hut, Wendy's, Hardee's, Sears, and all businesses within the Capital Mall. Mr. Barron explained that a companion rezoning 113 Excerpt of Approved Minutes/Jefferson City Planning & Zoning Commission Page 2 January 15, 2015 request filed by city staff would rezone tracts owned by JC Penney and Dillards from C-1 Neighborhood Commercial to C-2 General Commercial in order to unify the zoning of the Capital Mall complex and better match the existing use of these parcels. He stated that a preliminary plat formalizing the existing outlots and creation of three additional outlots is also proposed. Mr. Barron explained that a final subdivision plat will be submitted at a later date. He discussed the arrangement of the existing bufferyard on the eastern side of the subject property. Mr. Paul Samson, Central Missouri Professional Services, 2500 E. McCarty Street, spoke regarding this request and explained that the purpose of the redevelopment is to make necessary improvements to the facilities around the Capital Mall. Mr. Samson distributed the following visuals: (1) overall site plan; (2) master planting plan; (3) entrance improvements and building elevations; and (4) signage plan. He stated that the current owners acquired the Mall in December 2012. Mr. Samson explained that the developers worked with City staff to get approval from the City Council to establish a Community Improvement District and a Tax Increment Financing District to help fund improvements to the facility. Mr. Samson explained that the developer presented the redevelopment plan to the neighborhood on January 6, 2015 to gather input and listen to their concerns. He stated that the first new development will be a Ross Department Store which will begin construction later this month and plans to open this summer. Mr. Samson explained that Ross Department Store will be located in the northwest corner of the Mall where Wilson's Fitness was previously located. He stated that exterior and interior improvements will take place over the next five to six years. Mr. Samson explained that in the 1970's the original Capital Mall property was brought into the City as a C-1 zoning district. He stated that at that time the C-1 zoning district was an appropriate use for a facility such as the Mall. Mr. Samson explained that since that time the zoning code has changed and now the Mall is considered a nonconforming use. He stated that the original plan also included rezoning the vacant lot next to Red Lobster, as well as, the Hardee's lot. Mr. Samson explained that based on comments received from the neighbors at the neighborhood meeting, we are withdrawing the request to rezone the vacant lot next to Red Lobster. He stated that this lot will remain zoned C-1 Neighborhood Commercial. Mr. Samson explained that the preliminary plat will formalize the boundaries of the parcels that are currently being defined. He stated that the preliminary plat shows a total of four (4) outlots: (1) the intersection of Truman Boulevard at the Hy -Vee entrance; (2) south of Sears along Country Club Drive; (3) between Pizza Hut and Wendy's; and (4) along Country Club Drive directly south of the Dillard's property. Mr. Samson explained that City staff requested that we submit a Special Exception Use Permit to bring the site in line with current zoning requirements. He stated that they were originally requesting that the light pole height restriction be removed from bufferyard Area D and Area F on the south side of Country Club Drive. Mr. Samson explained that based on comments from the neighbors at the neighborhood meeting we are no longer proposing any modifications to the existing buffer areas or light pole heights in the bufferyard. He stated that signage will consist of: (1) Hy -Vee sign located on the Hy -Vee outlot adjacent to Truman Boulevard; (2) two Capital Mall signs to be located at the main entrances on Country Club Drive; (3) one pylon sign located at the Truman Boulevard entrance to the Mall. The sign will include space for multiple tenants and an electronic message center is proposed within the sign structure; and (4) one pylon sign located adjacent to Highway 50. Mr. Samson explained that the existing lighting plan will be updated to high efficiency LED light technology. He stated that it will be better able to direct light onto the parking lot and have less spillover light. Mr. Samson explained that the lighting plan meets the requirement of the City Code except for the Ross Department Store parking lot. He stated that the lease with Ross Department Store requires a higher level of lighting than would normally be allowed per the zoning code. Mr. Samson explained that the original proposal showed taller light poles along the east side of Dillard's, however the pole heights have been reduced to 25 feet. He stated that the City Code will require that the lighting levels throughout the parking lot be reduced by 50 percent after 10:00 p.m. Mr. Samson explained that one item on the original plan that has been eliminated is the proposal to modify the existing landscaped island on Country Club Drive to create a roundabout to provide access to the lot south of Country Club Drive. He stated that after listening to the neighbor's concerns we have taken out that improvement and the landscaped island will remain as is. No one spoke in favor of this request. 114 Excerpt of Approved Minutes/Jefferson City Planning & Zoning Commission Page 3 January 15, 2015 The following individuals expressed concerns regarding this proposal: Becky Haight, 3463 Hobbs Lane, expressed the following concerns: (1) keep the outlots zoned C- 1 as to provide protection to the neighborhood from C-2 zoning uses; (2) keep Lot 7 zoned C-1 since it is in close proximity to the neighborhood; and (3) keep the large pylon sign as far away from the residential neighborhood as possible. Joe Bednar, 3434 Hobbs Lane, expressed the following concerns: (1) additional communication on what a C-2 zoning would allow on the outlots would be beneficial; (2) do not want to see Missouri Boulevard like traffic issues with two competing ingress/egress accesses; and (3) concerned with building heights in the C-2 district. Ms. Haight and Mr. Bednar complemented the developers on listening to the neighbor's and addressing their concerns. Correspondence in opposition to this proposal was received from the following individuals: Jeena & Jake Hunget, 3405 Hobbs Ln; Martha LeMond, 3404 Hobbs Ln; Jim & Betty Weber, 3420 Country Club Dr; Jim & Irene Tergin, 3501 Country Club Dr; John & Amy Feldmann, 3454 Hobbs Ln; Laurie Pleus on behalf of Mrs. Don B. Riley; Mrs. Don B. Riley, 3448 Hobbs Ln; Jim and Jeanette Dulle, 3319 Country Club Dr; Camille McClain, 3416 Hobbs Ln; Jim Eichelberger, 3320 Country Club Dr; Susan Bregant Raaz on behalf of Barbara Bregrant, 3435 Country Club Dr; Martha Ann Claiborne, 3460 Hobbs Ln; Randy & Becky Haight, 3463 Hobbs Ln; Doug & Patricia Thomas, 3444 Hobbs Ln; and Bart & Mandee Carney, 3440 Hobbs Ln. Mr. Wade gave the Engineering Division staff report. Mr. Barron gave the Planning Division staff report. Mr. Barron requested that the motions include accepting the revised plan presented by the Consultant at tonight's meeting. Mr. Jordan moved and Mr. Dutoi seconded to recommend approval of rezoning the property, including existing and proposed outlots, from C-1 Neighborhood Commercial to C-2 General Commercial excluding Lot 6 as presented by the Consultant at tonight's meeting, to the City Council. The motion passed 7-0 with the following votes: Aye: Cotten, Deeken, Dutoi, Jordan, Nunn, Thoenen, Vaughan Abstain: Fitzwater Mr. Jordan moved and Mr. Vaughan seconded to recommend approval of the Special Exception Use Permit, as presented at the meeting, with the following conditions: a. Electronic Message Centers to adhere to Chapter 3 (Advertising and Signage); b. The noted exceptions of parking lot separation and parking lot lighting approved as outlined within the plan. The motion passed 7-0 with the following votes: Aye: Cotten, Deeken, Dutoi, Jordan, Nunn, Thoenen, Vaughan Abstain: Fitzwater Mr. Jordan moved and Ms. Cotten seconded to approve the Preliminary Subdivision Plat, subject to the following condition: a. Street frontage variance for Lots 3 and 4 The motion passed 7-0 with the following votes: Aye: Cotten, Deeken, Dutoi, Jordan, Nunn, Thoenen, Vaughan Abstain: Fitzwater 115