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HomeMy Public PortalAboutORD15512 BILL NO. 2015-125 SPONSORED BY COUNCILMAN Graham ORDINANCE NO. /5-5—/ ;;, AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL SUBDIVISION PLAT OF RIVER BLUFF ESTATES SUBDIVISION, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. WHEREAS, River Bluff Condominiums, LLC, and Paul E. Chinn Revocable Trust, owners of the real estate hereinafter described, having submitted to the City Council a plat of said real estate, being located in Jefferson City, Cole County, Missouri, and described as: Part of the East Half of Section 1 and part of the Northwest Quarter of Section 1, all in Township Forty-four North, Range Twelve West, in the City of Jefferson, Cole County, Missouri, more particularly described as follows: BEGINNING at the northwest corner of the Southeast Quarter of said Section One; thence along the boundary of Tract II as described in Book 519, page 982, Cole County Recorder's Office the following courses: 52°13'46"W, along the Quarter Section Line, 420.49 feet to the southwest corner of said Tract II, also being the center of a branch; thence along the center of said branch the following courses: S57°18'39"E, 8.79 feet; thence S76°11'35"E, 86.76 feet; thence 569°22'42"E, 34.34 feet; thence S53°54'35"E, 32.93 feet; thence S35°36'43"E, 21.37 feet; thence S53°49'35"E, 20.58 feet; thence S62°24'43"E, 24.61 feet; thence S69°49'37"E, 45.12 feet to the southeasterly corner of said Tract II; thence leaving the boundary of said Tract II and the center of said branch, S87°48'01"E, 580.61 feet to a point on the boundary of the property described in Book 530, page 119, Cole County Recorder's Office; thence along the boundary of said property described on Book 530, page 119 the following courses: N2°11'59"E, 290.19 feet to the southerly right-of-way line of the Missouri Pacific Railway; thence along the southerly right-of-way line of said Missouri Pacific Railway the following courses: northwesterly, on a curve to the left having a radius of 2814.79 feet, an arc distance of 21.46 feet (Ch=N52°25'10"W, 21.46 feet); thence westerly on a spiral curve to the left, having a chord bearing of N53°18'22'W, a distance of 99.13 feet; thence N53°38'16"W, 558.57 feet; thence northwesterly on a spiral curve to the right, having a chord bearing of N53°08'03"W, a distance of 22.28 feet to the northwesterly corner of the property described in Book 530, page 119, also being the northeasterly corner of said Tract II; thence leaving the boundary of said property described in Book 530, page 119 and along the boundary of aforesaid Tract II the following courses: northwesterly on a spiral curve to the right, having a chord bearing of N53°08'03"W, a distance of 109.08 feet; thence northwesterly on a curve to the right having a radius of 2341.83 feet, an arc distance of 189.71 feet (Ch=N49°45'17"W, 189.66 feet) to the northwesterly corner of said Tract II, also being the east line of Lot No. 45, Block 5 of SUNSET PLACE ADDITION; thence leaving the southerly right-of-way line of said Missouri Pacific Railway, S3°47'08"W, along the east line of said SUNSET PLACE ADDITION, 239.54 feet to the northeasterly corner of Tract 1, as described in said Book 519, page 982; thence leaving the boundary of said Tract II, and along the boundary of said Tract 1 the following courses: N72°06'42"W, 207.40 feet to the northwesterly corner thereof, also being a point on the easterly right-of-way line of HAYSELTON DRIVE; thence southerly, along the easterly right-of-way line of HAYSELTON DRIVE on a curve to the right having a radius of 160.65 feet, an arc distance of 48.73 feet (Ch=S12°55'36"W, 48.54 feet) to the southwesterly corners thereof; thence S60°01'21"E, 7.83 feet; thence S60°01'21"E, 224.92 feet POINT OF BEGINNING. Containing 10.90 acres. and WHEREAS, it appears that said plat has been fully and properly signed and accepted by the owner of said subdivision, known and referred to as the Final Subdivision Plat of River Bluff Estates Subdivision, that all taxes have been paid, that in all respects the requirements of Chapter 445, RSMo, entitled "Plats" have been fully complied with by the owner of said subdivision, and that in all respects the requirements of the Planning and Zoning Commission of the City of Jefferson, Missouri, relating to plats and subdivisions have been complied with. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: SECTION 1. That the Final Subdivision Plat of River Bluff Estates Subdivision, lying, being and situated within the corporate limits of the City of Jefferson, Missouri, as shown by the said plat attached hereto and made a part of this ordinance, is hereby approved and accepted by the City Council of the City of Jefferson, Missouri. SECTION 2. A variance of 1.64 feet (approximately 20 inches) from the minimum right-of- way width of 50 feet for a place-court (Section 33-11.A.6) is hereby approved in accordance with Section 33-13 of the City Code. SECTION 3. The Mayor and City Clerk are hereby authorized and directed to endorse acceptance of said plat hereon and to certify the approval of said plat under the seal of the City of Jefferson. SECTION 4. This ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: -/ ;ma/4 Approved: Presiding Officer Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM: Pk, g- it 4 7�/ --- ity Clerk City Counselor 00 c e- . i� 7+(i; mil w iBO 61 till r 5 a-,t< 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 Variation from Provisions in Chapter 33, Subdivision Code City of Jefferson Subdivision Regulations, Chapter 33 of the Code, Sec. 33-13. Variations from provisions. A. When the Director of Community Development determines that in a particular instance an owner cannot possibly or practically observe the requirement of any provision or provisions of this chapter, except in regards to construction of sidewalks, because of the presence of unusual circumstances or conditions, and that the strict application of the requirements of such provisions would either prevent, or present a serious obstacle to the formulation of a plat for the reasonable use and development of land in subdivision form, the Director shall make a written recommendation to the Commission that a variation from the requirements of such provisions be permitted and state the facts upon which the recommendation is made. (Ord. 13600, § 12, 9-2-2003; Ord. 14277, §3, 11-19-2007) B. The Commission, upon consideration of the facts presented with the recommendation, may permit the owner to vary from the requirements of such provisions if it determines that the intent of this chapter is not being violated and adjoining property is not materially or adversely affected. C. Variation or waivers from the requirement to construct sidewalks in new major subdivisions shall be governed by the variance provisions contained in Chapter 32. (Ord. 14277, §3, 11-19-2007) Record of Decision Variation to Subdivision Regulations, River Bluff Estates Subdivision The Request: The developers of River Bluff Estates Subdivision (River Bluff Estates Condominiums LLC and Chinn Trust) requested a variance to the provisions of Chapter 33, subdivision code regarding the minimum right- of-way width of a street, as follows: Section 33-11.A.6 Place Court. The right-of-way shall be at least fifty feet (50) wide and the improved roadway shall be at least twenty-four feet (24) wide (face-to-face of curb). Parking may be designed for one side. Findings: 1. There is an ongoing legal dispute regarding a 6.4 square feet triangle of property that was acquired for the purpose of obtaining the required 50 feet of right-of-way width. 2. No improvements are planned for the 6.4 square feet of property in question. 3. The presence or absence of the 6.4 square feet as platted right-of-way has no effect on the design or function of the proposed street nor its relation to adjacent structures. 4. Outside of the disputed 6.4 square feet, the remainder of the right-of-way meets the 50 feet standard width. Recommendation: The undersigned find that the inability to include the 6.4 square feet of property within the right of way for the proposed subdivision is an obstacle to the reasonable use and development of the property and hereby recommend the requested variance be approved. Recommended: 3 a Z016 J ni a McMillan, AICP Date Dir6ctor, Planning and Pr tective Services `✓&,( 311 1 Matt Morasch, PE Date Director, Public Works �I SFA 0+00.00 RIVER BLUFF COURT= HAYSELTON DRIVE Type BSS ADA Romp m 0 i o a Type AAA Ramp � Right-of-way width �= a � , variation request ` RZO.00' P c::sed .Jcdl..r - G oc:; N'ob VARIANCE OF 1.64 FEET (APPROX. 20 INCHES) r! 6.4 sf triangle of property T Ype A Car acs�im r PIht6. PZ.'71 z urc,u 1 sr SM t i f 1441, R12T\\ i Im`r.mumra � \ _1 RP/EHRn1B ADDR. §%C. 9 \--�P1et Book 11, P". 978 / �mcaa . rrr me ue Yw nm ab r..4 0« <r, o.Ya v- '�:,u.imO°.nin uru.wnn.ro. sw Y ifmu'.n W a,•.0 r M Yu wH ma 3a+N�[z waj <h.MtY see hvtlhvn%aYa.v b«m r. TkNln ewre�y v.au RYy: YYY�rreW a. u<rwawwam �irriae �9F sffg ° x SITE LOCATION MAP e ° 6B 1/4 SEC. t Y44x, R12i e ° RIVER BLUFF ESTATES SUBDIVISION Part of the E } & the NW #, Sec. 1, T44N, R12N & Part Lot 47 & All of Lot 48, Block 5 of Sunset Place Addition PB 2, Pg 47 AREA: 10.90 ACRES ZONED: RS -3 Yasss..br�iYv,ntfin.y<,gav�•a umq rvt�iv.��vw.�"a<yl4om,.au4 s wr i1MWe� OnM.aav<nc mMs✓n wa as YY<Y(erlhwgfldvba em, ee p.«em moY,..s ua in rc.n <a eryea p=� eenn �yr�v..,ab<aaM W "e!rrya<�[mv�bq<r Yrr,arb rr a<.a�'., 4ee Mrrbs.a e..w.ywwbp asa Yr.uc <.pab... mq(a rQlampsm nb p4 wads Y.va �anw�i✓�un' v [ d.=� aca YY aaitl h <.«r<q,ralm e BMs®<.aae,ryYw. yN •�Yr r,Yh��w.;,�... \ (a<Y.ruoma� a �ir.a n4. �w�r�i::h c r�nt�aw Nsa-uC SIT 4H RRC. t N T \ aax. wzx ana USs m� rroiess Nana somas crnloo�.xrn«es, NW SM. 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TkNln ewre�y v.au RYy: YYY�rreW a. u<rwawwam �irriae �9F sffg ° x SITE LOCATION MAP e ° 6B 1/4 SEC. t Y44x, R12i e ° RIVER BLUFF ESTATES SUBDIVISION Part of the E } & the NW #, Sec. 1, T44N, R12N & Part Lot 47 & All of Lot 48, Block 5 of Sunset Place Addition PB 2, Pg 47 AREA: 10.90 ACRES ZONED: RS -3 Yasss..br�iYv,ntfin.y<,gav�•a umq rvt�iv.��vw.�"a<yl4om,.au4 s wr i1MWe� OnM.aav<nc mMs✓n wa as YY<Y(erlhwgfldvba em, ee p.«em moY,..s ua in rc.n <a eryea p=� eenn �yr�v..,ab<aaM W "e!rrya<�[mv�bq<r Yrr,arb rr a<.a�'., 4ee Mrrbs.a e..w.ywwbp asa Yr.uc <.pab... mq(a rQlampsm nb p4 wads Y.va �anw�i✓�un' v [ d.=� aca YY aaitl h <.«r<q,ralm e BMs®<.aae,ryYw. yN •�Yr r,Yh��w.;,�... \ (a<Y.ruoma� a �ir.a n4. �w�r�i::h c r�nt�aw Nsa-uC SIT 4H RRC. t N T \ aax. wzx s �T ana USs m� rroiess Nana somas crnloo�.xrn«es, r FWL PW -RAR BLUFF MATH SUBOMSpR ,�22�� 1{14 C WN SYf1LO6 R0911ON tlt. .!]iP.iDll tlfY, �. ttlFbq MraMq au.Yv{ar¢IOR.Y.a Ye/.bp ary w w.+rrw_ ryaae<Yen gea.e ,q< +e.+hY_aa x.. arnr—,Y.Y. ter. trY sh p+ � .vmeY_.rW �a�rw �anr9 dFWLiev <� s �T ana USs m� rroiess Nana somas crnloo�.xrn«es, r FWL PW -RAR BLUFF MATH SUBOMSpR ,�22�� 1{14 C WN SYf1LO6 R0911ON tlt. .!]iP.iDll tlfY, �. DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS OF RIVER BLUFF ESTATES SUBDIVISION THIS DECLARATION, made as of the day of 2016, by River Bluff Condominiums, L.L.C., a Missouri limited liability company, hereinafter referred to as "the Developer". WITNESSETH: WHEREAS, the Developer is the owner of that tract of real estate located in Jefferson City, Cole County, Missouri, platted as River Bluff Estates, and said plat being recorded in Plat Book , at Page Cole County Recorder's Office. WHEREAS, the Developer is desirous of establishing for its own benefit, and for the mutual benefit of all future owners or occupants of the real estate contained within the boundary lines of said plat, or any part thereof, certain restrictions upon the land and obligations with respect to the property use and maintenance thereof, and WHEREAS, the Developer desires to place certain protective covenants, conditions and restrictions on the real estate hereinabove described, and the buildings and improvements now or hereafter constructed thereon for the use and benefit of themselves, their grantees, successors and assigns, and all future owners of all or any part of said real estate; and WHEREAS, the Developer desires and intends that the several owners, mortgagees, occupants and other persons hereafter acquiring any interest in the real estate within said plat, or any part or parts thereof, or any improvements located thereon, shall at all times enjoy the benefits of, and shall hold their interests subject to the covenants, conditions and restrictions hereinafter set forth, for the purpose of enhancing and protecting the value, desirability and attractiveness of the property; NOW, THEREFORE, the Developer hereby declares that all of the real estate now contained within the plat of River Bluff Estates, and any improvements now or thereafter located thereon, shall be held, sold and conveyed subject to the following restrictions, covenants and conditions, which restrictions, covenants, and conditions shall be considered as covenants running with the land, whether or not the same are mentioned in subsequent conveyances, and shall be binding upon the Developer and all of its successors in title to all or any part of said real estate.. 1. Definitions. This instrument is refereed to herein as the "Declaration" and certain words used in this Declaration are defined as follows: A. "Parcel" means all of that real estate platted as River Bluff Estates. B. "Property" means all the land and space comprising the parcel, all improvements and structures erected, constructed or contained therein or thereon, including any buildings and all easements, rights and appurtenances belonging thereto. C. "Plat" means the plat of River Bluff Estates hereinabove described. D. "Lot" means those lots shown on the plat. E. "Developer" shall mean and refer to River Bluff Condominiums, LLC, and any person to whom it shall assign or all or any part of its right as the Developer under the terms of this Declaration by a written assignment. F. "One -family dwelling" shall mean a building intended and designed for occupancy by one family and used solely as a dwelling for one family, and for no other uses or purposes. G. "Lot Owner" means the person or persons whose estates or interests, individually or collectively, or in the aggregate, constitute fee simple ownership of a lot. 2. One -Family Dwelling Proposes. All lots shall be improved with only one single family dwelling, and shall be used only for single family dwelling proposes, and for no other proposes. There shall be constructed on any lot only one, one -family dwelling. 3. No Subdivision. The Developer, its heirs and assigns, reserve the right to divide lots and sell partial lots, however, once the Developer has conveyed a lot to a purchaser, no lot shall be subdivided by deed, tracts or parcels. Nothing shall prevent partition of a lot as between co-owners thereof, if such right of partition shall otherwise be available, but such partition shall not be in kind. 4. Use Restrictions. The lots, and one -family dwellings located upon the lots, and the structures and improvements located upon the lots, shall be subject to the following provisions and restrictions: A. No Roomers or Boarders. No boarders or roomers shall be permitted in addition to the family occupying a one -family dwelling. B. No Noxious or Offensive Activities. No illegal, noxious or offensive activities shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. C. No Temporary Structure or Outbuildings. No structure of a temporary character, shack, shed, tent, locker, trailer, or other outbuilding shall be allowed on any lot. No permanent outbuilding, guest house, barn, shed, gazebo, or structure for storage shall be used or constructed on any lot unless said building relates architecturally to the residence on the lot and is pre -approved by the Architectural Control Committee; provided, however, that this section shall not apply so as to interfere with normal construction methods in the construction and development on any part of the parcel or upon any lot. D. Ste. No signs of any kind shall be displayed to the public view within any lot except the following: i. Signs used by the Developer to advertise the lots for sale or to identify the financing and/or the construction and sales period; ii. Signs place on a lot with the consent of its owner, being no larger than six (6) square feet in size and no higher than four (4) feet above ground level, advertising the property for sale. iii. Permanent signs placed by the Developer to mark the entrance to River Bluff Estates. E. Livestock, Poultry and Pets. All dog pens must be of wood fence or chain link fence with metal matching posts and concrete floors and may not be larger than 120 square feet. Pens may not be located in the fiont yard and, except as provided further in this paragraph, cannot be within twenty-five (25) feet of the side yard line or rear yard line. Location of any dog pens or dog houses and their designs must be pre -approved by the Architectural Control Committee. Further, no dog owner shall allow accumulation of excrement on the premises in an unsightly or unsanitary manner and shall not allow dogs to cause excessive noise. No other livestock, pets, poultry or other animals shall be allowed unless the animal is kept indoors. F. Sewage System. No individual sewage disposal system shall be permitted. G. Trash, Storage, Disposal. No part of any lot shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste. All trash, rubbish, garbage and other waste or materials being thrown away or disposed of must be placed or contained in one or more trash cans or containers, which cans or containers shall be fly tight, rodent proof, non- flammable, reasonably waterproof and shall be covered. Such cans or containers are to be stored in concealed locations on lots, and may be placed in open locations only for a period of not in excess of eight (8) continuous hours in any week, so as to facilitate collection. H. Outdoor Storage. The outdoor placement or storage of materials, equipment or other items, such as boats, recreational vehicles and old cars, on any outside portion of any lot for a continuous period exceeding ten (10) days in length shall be prohibited, with the provision that the placement or storage of such functional items as patio and outdoor living equipment, children's bicycles and play equipment shall be exempt from this provision. Nothing in this Section H shall apply so as to interfere with normal construction methods in the construction and development of any part of the parcel. I. Single -Family Residence. No one -family dwelling shall be used for any purpose other than as a residence for a single family. (for the purposes of this restriction, and for other purposes of this Declaration, the term "family" shall be deemed to mean a "family" as defined in the Zoning Ordinances of the City of Jefferson, Missouri.) J. Open Fires. No open fires shall be permitted with exception of outdoor grill -type fires used for the preparation of food to be consumed on the premises. K. Storage Tanks. No tanks for the storage of fuel may be maintained on any lot. L. Minimum Square Footage. No dwelling shall be permitted on any lot unless the square footage of finished space meets the following minimums: L One-story houses and split level houses must have a minimum of 2,400 square feet; ii. One -and -one-half story houses must have a minimum of 2,800 square feet, with a minimum of 1,600 square feet on the first floor; iii. Two-story houses must have a minimum of 2,800 square feet; and The above square foot minimums must be exclusive of basements, garages, porches, patios or other open areas. M. No earth contact homes are permitted. N. Building Locations. All front building lines must be pre -approved by the Developer or subsequently by the Architectural Control Committee, but in no case shall they be less than the building lines shown on the plat. O. Lot Lines: No structure may be built within 25 feet of interior side yard lines. ii. Set Backs. All building set back requirements, whether relating to the front, sides, or back yards, must meet the City of Jefferson requirements or as designated on the plat or in this Declaration, whichever provides for a greater distance of line separation. P. Building Construction. Upon completion of placing concrete for the foundation or basement, the lot owner must complete the building within twelve (12) months of that date. Q. Exterior Walls. Exterior walls must be 60% brick or natural stone unless otherwise approved by the Architectural Control Committee. There may not be any exposed concrete foundation. No asbestos or vinyl siding may be used for exterior siding. No concrete block may be used for foundation or retaining walls. R. Roof Vents. There shall be no roof vents of any type, nature or style facing or exposed to the street. S. Retaining Walls. No railroad ties or garden ties may be used in construction of retaining walls or in landscaping that would be visible from the street. All other retaining walls must be covered with brick or stone. If railroad ties or garden ties are used in landscaping in areas not visible from the street they may not be over three (3) feet in height. T. Satellite Discs. No satellite discs will be permitted except for 18 inch diameter discs, or smaller, the location of which must be approved by the Architectural Control Committee. U. Utility or Service Lines and Boxes. All utility or service lines must be underground. All utility boxes shall be landscaped so not be visible from the street. Landscaping plans shall be submitted for pre -approval by the Architectural Control Committee. V. Mail Boxes. The Architectural Control Committee will designate uniform mailboxes and decide placement of the mailboxes. They will be a uniform color and may not be painted any other color. W. Swimming Pools. Only in -ground swimming pools may be constructed. All pool enclosures or fences must be pre -approved by the Architectural Control Committee. X. Driveways & Garages. All driveways and parking areas must be hard surfaces, either asphaltic concrete, concrete or brick. All residence must have a two car garage. No garage door may face the front street. No carports are allowed. Y. Roofs. All roofs, including material and color, must be pre -approved by the Architectural Control Committee. All roofs must have a minimum of 7/12 pitch. Z. Exterior paint and trim color. All exterior paint and trim color must be pre -approved by the Architectural Control Committee. 5. Homeowners Association. There is hereby created The River Bluff Estates Homeowners' Association, an unincorporated association, membership of which consists of owners of lots. Each lot shall have one vote in the Association. The purpose of the Homeowners Association is to maintain and improve the landscaped areas within the subdivision boundaries. The Homeowners Association shall have the right to assess charges to lot owners as necessary to pay for such maintenance and improvements. The Homeowners Association shall meet annually on the I` day of April of each year, and at such other times as may be necessary or desirable. Special meetings shall be held upon request of owners representing at least twenty-five percent (25%) of the votes in the Association. Thirty (30) days' notice of regular or special meetings shall be given to all lot owners at their address in the subdivision. At each annual meeting, the Association shall elect a President, who shall preside at all meeting and act as the chief executive office, a Vice -President, who shall serve in the President's absence, and a Secretary -Treasurer, who shall maintain all records of the Association and who shall be responsible for giving notice of all regular and special meetings. All meetings of the Association shall be held at a convenient place within the subdivision. Lot owners representing fifty percent (50%) of the votes in the Association shall constitute a quorum, and a majority of the votes present at any meeting at which a quorum is present shall be required to take any action. The Association shall adopt such other rules and by-laws as may be convenient and not in conflict with the provisions of these Restrictions. 6. Architectural Control Committee. No building, fence, wall or other structure or improvement, of a temporary or permanent nature shall be commenced, erected or maintained within any lot, other than those the plans and specifications for which have been approved in advance by the Architectural Control Committee. No exterior addition to, or change to, or alteration of any dwelling, building, fence, wall, structure or improvement located within a lot shall be made, commenced or maintained within a lot until plans and specifications therefor have been approved in advance by the Architectural Control Committee, and no exterior addition to or change to our alteration (including color) shall be made on any structure or building or improvement located within a lot until the plans and specifications therefor have been approved by the Architectural Control Committee. All plans and specifications required to be submitted to the Architectural Control Committee by the provisions of these restrictions shall show elevations, site plans, site location, floor plans, exterior finish materials (including color), and dimensions for all proposed buildings, structures, improvements, alterations or additions, and shall also show the nature, kind, shape, height, materials and locations of such buildings, structures, improvements, alterations or additions. The Architectural Control Committee may not unreasonably withhold approval of any plans and specifications for -any single-family dwelling, building, fence, wall, structure or improvement or addition or change or alteration if it can be reasonably found that the plans and specifications comply with these restrictions and would be in harmony with respect to surrounding structures and topography, and would be of at least the same quality as the then existing structures located within the parcel. In no event shall the Architectural Control Committee approve any residential building, single-family dwelling, building, fence, wall, structure or improvement, or addition to, or change to alteration upon any of the same unless such Committee, in its reasonable discretion, finds that the plans and specifications show that the same would be in harmony with surrounding structures and topography, and would be of at least the same quality as the then existing structures located within the parcel. In the event the Architectural Control Committee fails to approve or disapprove any plans or specifications submitted to it within forty-five (45) days after such plans and specifications have been submitted, or in any event if no suit to enjoin the construction has been commences prior to completion thereof, approval of said Committee will not be required. However, compliance with all other provisions hereof shall still be required. The Architectural Control Committee shall be composed of four (4) members, and a majority of the Committee may designate a representative to act for it. No person is eligible to become a member of the Architectural Control Committee unless said person owns an interest in a lot. Any member of the Architectural Control Committee shall become disqualified to continue to act as a member when said person ceases to own an interest in a lot. In the event of death, resignation or disqualification of any member, the remaining members shall have fully authority to designate a successor. No member of the Committee shall receive compensation for services performed under this Declaration. Developer shall appoint the first Architectural Control Committee, the members of which shall serve at the pleasure of Developer. The Committee appointed by Developer shall serve until the Developer owns no real estate within the parcel, or until Developer surrenders the right to appoint the Committee, whichever first occurs. If at any time there are no qualified members of the Architectural Control Committee, a new Committee shall be elected by the Homeowners Association. In the event of a lack of unanimity among the Architectural Control Committee as to whether any plans, specifications or drawings submitted to it are acceptable to it, the decision of a majority of said Committee shall be the decision of the Committee. The presence of three (3) members of such Committee shall constitute a quorum. 7. Maintenance. Each lot owner shall maintain the lot, and the single-family dwelling in a clean, neat, safe, attractive, and well-maintained condition, and in such a condition as provides an attractive appearance. 8. General Provisions. A. Enforcement. The Developer, or any lot owner shall have the right to enforce, by any proceeding at law or in equity, any covenants, restrictions or conditions imposed by the provisions of this Declaration. Failure by the Developer or any owner to enforce any covenants, conditions or restrictions shall not be deemed a waiver of the right to do so. B. Severability. Invalidation of any one of the covenants, conditions or restrictions or provisions of this Declaration by judgement, court order, or agreement by the lot owners as provided herein shall in no way effect any other provision. C. Term and Amendment. The covenants, conditions and restrictions of the Declaration shall run with and bind the land, and shall insure to the benefit of and be enforceable by the Developer, or the lot owners of any of the lots subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years unless an instrument, signed by owners owning not less than sixty percent (601/o) of the lots has been recorded, which instrument provides for amending or terminating this Declaration, in whole or in part. During the first twenty (20) year period of this Declaration, or any time thereafter, it may be amended in whole or in part by an instrument signed by owners owning not less than sixty percent (60%) of the lots. All amendments to this Declaration shall be recorded in Cole County, Missouri. D. Notices. Any notice required to be sent to any lot owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the person who appears as the owner of such lot on the real estate records of Cole County, Missouri. E. Language Variation. The use of pronouns or of singular or plural as used herein shall be deemed to be changed as necessary to conform to actual facts. F. Titles and Captions. The titles and captions of the various provisions of this Declaration are not part of the covenants hereof, but are merely labels to assist in locating paragraphs and provisions herein. 9. Exceptions. Until such time as Developer has sold more than eighty-five percent (851/o) of the lots in the subdivision, Developer shall have the right for any given lot to grant exceptions to the size requirements set forth in paragraph 41. (i. through iii.). IN WITNESS WHEREOF, Richard J. Otke, Trustee of the Richard J. Otke Revocable Living Trust U/A/D November 20, 1991, Member of D & G River Bluff, L.L.C., a Member of River Bluff Condominiums, L.L.C., the Developer, has executed this Declaration on the date and year first above written. River Bluff Condominiums, LLC D & G River Bluff, L.L.C., Member Richard J. Otke, Trustee of the Richard J. Otke Revocable Living Trust U/A/D November 20, 1991, Member of D & G River Bluff, L.L.C. By: Richard J. Otke, Trustee STATE OF ) ss. COUNTY OF On this day of , 2016, before me personally appeared Richard J. Otke, Trustee of the Richard J. Otke Revocable Living Trust U/A/D November 20, 1991, to me personally known, who being by me duly sworn, did say that it is a Member of D & G River Bluff, L.L.C., a Member of River Bluff Condominiums, L.L.C., the Developer, and that the said instrument was signed and sealed on behalf of said limited liability company by all of its Members. And the said Richard J. Otke, Trustee of the Richard J. Otke Revocable Living Trust U/A/D November 20, 1991 acknowledges said instrument to be the free act and deed of said limited liability company. In Testimony Whereof, I have hereunto set my hand and affixed my official seal, at my office in , the day and year first above written. My Commission Expires: NOTARY PUBLIC Printed IN WITNESS WHEREOF, Gary L. Oberkrom and Holly A. Oberkrom, Trustees of the Gary L. Oberkrom Revocable Living Trust U/A/D October 5, 2000, Member of D & G River Bluff, L.L.C., a Member of River Bluff Condominiums, L.L.C., the Developer, has executed this Declaration on the date and year first above written. DEVELOPER River Bluff Condominiums, LLC D & G River Bluff, L.L.C., Member Gary L. Oberkrom and Holly A. Oberkrom, Trustees of the Gary L. Oberkrom Revocable Living Trust U/A/D October 5, 2000, Member of & G River Bluff, L.L.C. an Lo Gary L. Oberkrom, Trustee Holly A. Oberkrom, Trustee STATE OF MISSOURI ) ) ss. COUNTY OF COLE ) On this day of , 2016, before me personally appeared Gary L. Oberkrom and Holly A. Oberkrom, Trustees of the Gary L. Oberkrom Revocable Living Trust U/A/D October 5, 2000, to me personally known, who being by me duly sworn, did say that it is a Member of D & G River Bluff, L.L.C., a Member of River Bluff Condominiums, L.L.C., the Developer, and that the said instrument was signed and sealed on behalf of said limited liability company by all of its Members. And the said Gary L. Oberkrom and Holly A. Oberkrom, Trustees of the Gary L. Oberkrom Revocable Living Trust U/A/D October 5, 2000, acknowledges said instrument to be the free act and deed of said limited liability company. In Testimony Whereof, I have hereunto set my hand and affixed my official seal, at my office in the day and year fust above written. My Commission Expires: NOTARY PUBLIC Printed IN WITNESS WHEREOF, Holly A. Schroer, for Hawthorn Bank, Trustee of the Paul E. Chinn Trust U/A 5-28-2004, Manager of Chinn FLP Management, L.L.C., General Partner of Chinn Holdings, L.P., a Member of River Bluff Condominiums, L.L.C., the Developer, has executed this Declaration on the date and year first above written. DEVELOPER River Bluff Condominiums, L.L.C. Chinn Holdings, L.P., Member Holly A. Schroer, for Hawthorn Bank, Trustee of the Paul E. Chinn Trust U/A 5-28-2004, Manager of Chinn FLP Management, L.L.C., General Partner of Chinn Holdings, L.P., a Member of River Bluff Condominiums, L.L.C. STATE OF MISSOURI ) ss. COUNTY OF COLE ) On this day of , 2016, before me personally appeared Holly Schroer, to me known to be the person described in and who executed the foregoing instrument and acknowledged that she executed the same as her free act and deed on behalf of Hawthorn Bank, Trustee of the Paul E. Chinn Trust U/A 5-28-2004, Manager of Chinn FLP Management, L.L. C., General Partner of Chinn Holdings, L.P., a Member of River Bluff Condominiums, L.L.C. Holly Schroer further states that she is Vice President and Trust Officer of Hawthorn Bank; that the seal affixed to this instrument is the corporate seal of said corporation; and that the said instrument was signed and scaled on behalf of the corporation's Board of Directors. And the said Holly A. Schroer, for Hawthorn Bank, Trustee of the Paul E. Chinn Trust U/A 5-28-2004, Manager of Chinn FLP Management, L.L.C., General Partner of Chinn Holdings, L.P., acknowledges said instrument to be the free act and deed of said limited liability company. In Testimony Whereof, I have hereunto set my hand and affixed my official seal, at my office in Jefferson City, Missouri, the day and year first above written. My Commission Expires: NOTARY PUBLIC Printed Name: UN -APPROVED MINUTES JEFFERSON CITY PLANNING AND ZONING COMMISSION March 10, 2016 5:15 p.m. COMMISSION MEMBERS PRESENT Jack Deeken Dean Dutoi Bob George Chris Jordan, Chairman Michael Lester Dale Vaughan Chris Yarnell, Vice Chairman Ron Fitzwater, Alternate Blake Markus, Alternate COMMSSION MEMBERS ABSENT Bunnie Trickey Cotten David Nunn COUNCIL LIAISON Carlos Graham STAFF PRESENT Janice McMillan, Director of Planning & Protective Services Matt Morasch, Director of Public Works Eric Seaman, Wastewater Division Director David Bange, City Engineer Eric Barron, Senior Planner Shane Wade, Civil Engineer II Bryan Wolford, Associate City Counselor Anne Stratman, Administrative Assistant ATTENDANCE RECORD 5of6 4 of 6 6 of 6 6of6 6of6 5of6 6of6 4of6 4of6 ATTENDANCE RECORD 4 of 6 4of6 New Business/Public Hearings Case No. P16001 — 1600 Block of Hayselton Drive and 1414 West Main Street. Request filed by River Bluff Condominiums LLC and Paul Chinn Trust, property owners, for the following: 1. A rezoning of 14.69 acres from PUD Planned Unit Development to RS -3 Single Family Residential. 2. An amendment to the Development Plan Map of the Comprehensive Plan to show the property, consisting of 14.69 acres, as Low Density Residential. 3. A Preliminary and Final Subdivision Plat of 10.9 acres consisting of 9 lots. The property is accessed from Hayselton Drive 200 feet east of Beverly Street and from West Main Street 150 feet east of Manila Street. The property is described as part of the Southwest part of the Northeast Quarter, the Northwest part of the Southeast Quarter, the East Half, and the Northwest Quarter of Section one, Township 44 North, Range 12 West, Jefferson City, Missouri. (Central Missouri Professional Services, Consultant) Mr. Barron described the proposal and explained that this request comes as two parts. He stated that the first part of the request is to revert the zoning of the River Bluff Condominiums LLC property back to the single family residential status it held prior to 2005. Mr. Barron explained that a comprehensive plan amendment is also proposed to revert the planned use of the property back to the low density residential designation it held prior to 2005. He stated that the single family zoning is proposed for the entirety of the 14.69 acre PUD zoned property owned by River Bluff Condominiums LLC. Mr. Barron explained that the second part of the request is for approval of a Preliminary and Final Subdivision Plat for a nine lot subdivision, with one lot being platted around an existing single family home, one lot designated for construction of a sewer pump station, and Excerpt of Un -Approved Minutes/Jefferson City Planning & Zoning Commission Page 2 March 10, 2016 seven lots made available for new single family homes. He stated that this request pairs the northern portion of the River Bluff Condominiums LLC property with the Chinn property to the west, and includes a 650 feet long cul-de-sac street with access off of Hayselton Drive. Mr. Barron also explained that the applicant has requested a variance to the provisions of Chapter 33, Subdivision Code, regarding the right-of-way width of the new street. Mr. Barron distributed a draft of the Declaration of Protective Covenants and Restrictions of River Bluff Estates Subdivision. Mr. Barron also presented a history of development within the area and examples of other infill development streets. Mr. Morasch gave a presentation on the infrastructure for the proposed development, as well as, the proposed pump station. Mr. Lester left at 6:45 p.m. Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, spoke regarding this request. Mr. Bates distributed visuals that show the comparison between the proposed new development and the development proposed in 2012. He also distributed a series of air photos that show a timeline of development in this area. Mr. Bates explained that the previous development in 2005 proposed a 50 unit condominium development. He stated that the project was not viable based on the construction costs and the market interest and was put on hold. Mr. Bates explained that in 2010 and 2011 a proposal for a 15 lot subdivision was brought forward and approved by the Planning and Zoning Commission but was withdrawn prior to Council consideration. He stated that the current proposal consists of a total of nine lots of which will consist of seven new lots. Mr. Bates explained that the remaining two lots consist of an existing single family home and the proposed sewer pump station. He stated that the proposed development will be compatible with the existing neighborhood and will have a positive impact on property values. Mr. Gary Oberkrom, River Bluff Condominiums LLC, 604-D Missouri Boulevard Court spoke regarding this request and explained that they tried to lessen the density of the proposed development from 15 single family lots to seven. He stated that there will be less traffic with the proposed development compared to previous proposals. Mr. Oberkrom explained that the cul-de- sac length was shortened to 650 feet. Correspondence received in favor of this request was received from the following individuals: Dan Klindt, President, Home Builders Association, 1411 Christy Drive; and Heath Clarkston, HBA Public/Political Affairs Consultant Correspondence received in opposition to this request was received from the following individuals: Mark Pauley, 1606 Hayselton Drive; Paticia Schlechte, 115 E. Circle Drive; Cheri Chockley, 1602 Beverly Street; and Troy Chockley, 1602 Beverly Street The following individual spoke in favor of this request: Mr. Shannon Block, 5422 Aberdeen Way, spoke regarding this request and explained that he constructed an infill development in 2012 on Karen Drive. He stated that residents expressed similar concerns that will be heard tonight. Mr. Block explained that some of the residents that stood in opposition commented that they were pleased how the development turned out. The following individuals spoke in opposition to this request: Matt Connor, 1531 Hayselton Drive; Joe Bednar, 3434 Hobbs Lane; Mark Pauley, 1608 Hayselton; Rob Johnson, 1702 Hayselton; 1901 N. Circle Drive; Angela Park, 1609 Beverly Street; Sarah Bassman, 1621 Hayselton Drive; Mary Browning, 1716 Hayselton Drive; Charlie Christiansen, 1718 Hayselton; Linda Patton, 1509 Hayselton; Mary VanDyne, 1930 Hayselton Drive; Melinda French, 1537 Hayselton Drive; Kevin Thompson, 138 E. Circle Drive Excerpt of Un -Approved Minutes/Jefferson City Planning & Zoning Commission Page 3 March 10, 2016 Those speaking in opposition to this request expressed the following concerns: The subdivision variance request to access development from Hayselton Drive is inappropriate. The developer needs to reflect on their original plan to access the development from West Main Street. Topography issues on the property are significant. The subdivision development will destroy the character of the existing neighborhood. A development agreement should be required with the City to guarantee only what is proposed will be developed. Access to proposed development will be difficult for emergency personnel. Adverse effects on property values if the development is approved. The building materials may not match existing homes in the area. New houses will not have the same historic nature as the existing houses on Hayselton Drive. Concerns about where infrastructure such as utilities come from and they will be tapping onto old infrastructure. Connecting to Hayselton Drive negatively impacts property owners at 1602 and 1608 Hayselton Drive. Connecting a street to Hayselton Drive at the hairpin curve is the creation of a dangerous intersection. No guarantee that they will not come back and ask for a change from seven lots to more. Development will impact both the back and front yard at 1609 Beverly and concerns about water runoff impacting 1609 Beverly Street. Creation of street connecting to Hayselton Drive will create safety issues to pedestrians. There should be additional study before Planning and Zoning Commissioners vote. Chairman Jordan allowed for rebuttal testimony from the applicant's consultant and neighborhood representative. Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, gave his rebuttal testimony. Mr. Bates explained that the developer has searched for a less offensive scope and view than previous proposals. He stated that there are no development plans for the remainder of the property. Mr. Bates explained that the access road for the pump station would be a single lane gravel road at a cost of approximately $400,000. He stated that a street to the proposed development from Main Street was estimated at approximately $500,000 but does not include infrastructure for the subdivision. Mr. Joe Bednar, 3434 Hobbs Lane, owner of 1602 Hayselton Drive, gave his rebuttal testimony. Mr. Bednar commented that the developer cannot identify what the lots will sell for. He stated that the proposed development could tie this area to the rest of city by adding greenway trails. Mr. Bednar asked the Commission to hold off approving this matter until the developer submits a plan that lays out the absorption rate, price point for the homes, the cost of the infrastructure and the impact on the neighborhood. Mr. George commented that the Commissioners are not contractors, they are not builders, they are not paid to do this. All the applicant is asking us to do is rezone the property to residential. All of this stuff you are talking about, you make a good speech about it, but it does not mean anything to us because their contract is none of our business. Chairman Jordan closed testimony at 8:10 p.m. Mr. Barron gave the Planning Division staff report. Mr. Dutoi commented that he opposes connecting to Hayselton Drive because the street was never designed to handle that type of traffic, that piece of property was never intended to have an intersection there, and the radius of the curve is too tight. He stated that he understands that connecting to West Main Street is an expensive option, however, West Main Street is an arterial Excerpt of Un -Approved Minutes/Jefferson City Planning & Zoning Commission Page 4 March 10, 2016 street. He stated that the adjacent home owners are being asked to bear the brunt of a bad property buying decision by Mr. Otke. Mr. Deeken commented that the curve on Hayselton Drive is not that dangerous. The most dangerous aspect is at 1708 Hayselton where you cannot see if a vehicle is approaching. He stated that he felt that Mr. Pauley at 1608 Hayselton is the only property owner that will be affected by the construction of River Bluff Court. He stated that this is a good example of infill development within the City. Mr. Vaughan moved and Mr. Yarnell seconded to approve the proposed amendment to the Development Plan Map of the Comprehensive Plan to show the 14.69 acre property as intended for low density residential use to the City Council. The motion passed 7-0 with the following votes: Aye: Deeken, Dutoi, Fitzwater, George, Markus, Vaughan, Yarnell Mr. Vaughan moved and Mr. George seconded to approve the proposed rezoning of the 14.69 acre property from PUD Planned Unit Development to RS -3 Single Family Residential to the City Council. The motion passed 7-0 with the following votes: Aye: Deeken, Dutoi, Fitzwater, George, Markus, Vaughan, Yarnell Mr. Yarnell moved and Mr. George seconded to approve the requested variance to the right-of- way width. The motion passed 5-2 with the following votes: Aye: Deeken, Fitzwater, George, Vaughan, Yarnell Nay: Dutoi, Markus Mr. Yarnell moved and Mr. Fitzwater seconded to approve the proposed Preliminary Plat of River Bluff Estates subject to comments and technical corrections by city staff. The motion passed 5-2 with the following votes: Aye: Deeken, Fitzwater, George, Vaughan, Yarnell Nay: Dutoi, Markus Mr. Fitzwater moved and Mr. Vaughan seconded to approve the proposed Final Subdivision Plat of River Bluff Estates to the City Council. The motion passed 5-2 with the following votes: Aye: Deeken, Fitzwater, George, Vaughan, Yarnell Nay: Dutoi, Markus PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION March 10, 2016 Case No. P16001 — 1600 Block of Hayselton Drive and 1414 West Main Street. Request filed by River Bluff Condominiums LLC and Paul Chinn Trust, property owners, for the following: 1. A rezoning of 14.69 acres from PUD Planned Unit Development to RS -3 Single Family Residential. 2. An amendment to the Development Plan Map of the Comprehensive Plan to show the property, consisting of 14.69 acres, as Low Density Residential. 3. A Preliminary and Final Subdivision Plat of 10.9 acres consisting of 9 lots. The property is accessed from Hayselton Drive 200 feet east of Beverly Street and from West Main Street 150 feet east of Manila Street. The property is described as part of the Southwest part of the Northeast Quarter, the Northwest part of the Southeast Quarter, the East Half, and the Northwest Quarter of Section one, Township 44 North, Range 12 West, Jefferson City, Missouri. (Central Missouri Professional Services, Consultant) Nature of Request This request comes as two parts. The first part of the request to revert the zoning of property back to the single family residential status it held prior to 2005. A comprehensive plan amendment is also proposed to revert the planned use of the property back to the low density residential designation it held prior to 2005. The single family zoning is proposed for the entirety of the 14.69 acre PUD zoned property owned by River Bluff Condominiums LLC. The second part of the request is for approval of a Preliminary and Final Subdivision Plat for a nine lot subdivision, with one lot being platted around an existing single family home, one lot designated for construction of a sewer pump station, and 7 lots made available for new single family homes. This request pairs the northern portion of the PUD zoned property with the property to the west, and includes a 650 feet long cul-de-sac street with access off of Hayselton Drive. Zoning History A Concept PUD Plan for the PUD zoned properly vas approved by the City Council in June of 2005 and a Preliminary and Final PUD Plan was approved by the City Council in October of 2005. This proposal consisted of a 50 unit condominium development with two buildings on the 14.69 acre property owned by River Bluff Condominiums LLC . While the plans for this development were approved, the development was never constructed. The property was rezoned from RS -3 and RA -2 to PUD and a Comprehensive Plan Amendment to show the property as intended for High Density Residential use was approved at the time of this PUD Plan approval. A proposal for a 15 lot Planned Unit Development/Single Family Subdivision Plat for property owned by both applicants was approved by the Planning and Zoning Commission in December of 2010. This proposal was withdrawn by the applicants prior to introduction to the City Council. A refiling of the 2010 proposal was heard and approved by the Planning and Zoning Commission in January of 2012. This proposal was also withdrawn by the applicants prior to the public hearing on the case in front of the City Council. Planning and Zoning Commission March 10, 2012 Case No. P16001 Page 2 Parcel Division History An administrative parcel division that would have rearranged the property boundary between the Chinn Trust property and the neighboring property at 1602 Hayselton Drive was administratively approved by city staff in February of 2009. This parcel division would have had the effect of increasing the side setback of the house at 1602 Hayselton from 5.8 feet to 15.1 feet in exchange for a small triangle (6.4 square feet) of property located adjacent to Hayselton Drive that would have given the Chinn property the 50 feet of width outlined in the Subdivision Code as the minimum right-of-way width for a cul-de-sac street. While the parcel division was approved and recorded, the property transfer did not take place. In May of 2012, a special warranty deed was filed by the owner of 1602 Hayselton transferring the small triangle of property to the Chinn's, but with restrictions that would prevent it being used as part of a subdivision plat. A petition was filed by the Chinn's in Circuit Court in May of 2012 and the issue has not been resolved at the Circuit Court level. Location The property consists of two tracts. One tract is owned by River Bluff Condominiums LLC consisting of 14.69 acres accessed from W. Main Street and one tract is owned by the Chinn Trust consisting of 4.28 acres accessed from Hayselton Drive. Adiacent zoning and land use is as follows: Staff Analysis Rezoning and Comprehensive Plan Amendment: The current PUD zoning of the property is a result of the 2005 development proposal, which envisioned a multi -family residential use of the property. The development plan map of the comprehensive plan was amended at that time to show the property as appropriate for high density residential use, despite being surrounded by property shown as intended for low density residential use. The southern portion of the property adjacent to West Main Street was formerly zoned RA -2 Multi -family residential, although the development plan map shows this area as intended for low density residential use along with the rest of the RA -2 zoned property along the north side of the 1400 block of W. Main Street. Staff Position: The property to the east and west of the property proposed for rezoning is shown as intended for low density residential use on the development plan map of the Comprehensive Plan. With the abandonment of the multifamily PUD plan for the property, a reversion of the property back to low density residential status, in line with the 1996 Comprehensive Plan, is appropriate. A downzoning of the property to single family residential to match the neighboring property to the east and west and the low density residential status on the development plan map is also appropriate. Staff is in support of the proposed rezoning and comprehensive plan amendment. Surrounding Zoning Surrounding Uses North RC/RS-3 Missouri River/ Railroad South RS-3/RA-2 Residential uses along W. Main Sheet East RS-3/RA-2 Vacant Land / St. Joseph's Home West RS -3 Single Family Residential Neighborhood Staff Analysis Rezoning and Comprehensive Plan Amendment: The current PUD zoning of the property is a result of the 2005 development proposal, which envisioned a multi -family residential use of the property. The development plan map of the comprehensive plan was amended at that time to show the property as appropriate for high density residential use, despite being surrounded by property shown as intended for low density residential use. The southern portion of the property adjacent to West Main Street was formerly zoned RA -2 Multi -family residential, although the development plan map shows this area as intended for low density residential use along with the rest of the RA -2 zoned property along the north side of the 1400 block of W. Main Street. Staff Position: The property to the east and west of the property proposed for rezoning is shown as intended for low density residential use on the development plan map of the Comprehensive Plan. With the abandonment of the multifamily PUD plan for the property, a reversion of the property back to low density residential status, in line with the 1996 Comprehensive Plan, is appropriate. A downzoning of the property to single family residential to match the neighboring property to the east and west and the low density residential status on the development plan map is also appropriate. Staff is in support of the proposed rezoning and comprehensive plan amendment. Planning and Zoning Commission March 10, 2012 Case No. P16001 Page 3 Preliminary and Final Subdivision Plat: The Preliminary Subdivision Plat details the street layout, lot layout, grading, and utility plan for the proposed River Bluff Estates Subdivision. The Final Subdivision Plat shows property boundaries of lots and is the document that would be recorded with the Cole County Recorder's Office after approval by the City Council. Acreage: The total size of the subdivision is 10.9 acres. The property proposed for subdivision is comprised of the part of the property owned by River Bluff Condominiums LLC north of Coon Creek and the entirety of the adjacent Chinn property. The southern part of the properly owned by River Bluff Condominiums LLC is not included in the proposed subdivision plat. The property would require a split via an administrative parcel division, to separate the portion of the property contained within the proposed subdivision, prior to final recording of any plat. Number of Lots: Nine (9) lots are shown on the Subdivision Plat, one lot is platted around an existing house, one lot is planned for a sewer pump station site, and seven (7) lots would be available for new single family homes. One reserved tract is shown on the plat adjacent to the house at 1602 Hayselton. Lot Sizes: The average lot size is 1.1 acres. All lots meet the minimum width (70') and area (8,000 sf) requirements of the RS -3 zoning district. Streets: The Plat proposes one new cul-de-sac street to be named River Bluff Court. River Bluff Court is a valid street name not used elsewhere in the City of Jefferson, Cole County, or the Jefferson City urbanized area. The length of the street is 650 feet, below the maximum cul-de-sac length of 800 feet outlined within the Subdivision Code Sidewalks: Sidewalks are shown on the southern side of River Bluff Court in accordance with code requirements. Utilities: All lots are shown with access to water lures, sanitary sewer lines, underground electric lines, telephone lines, and gas lines. Fire hydrants within the subdivision meet the applicable spacing requirement of 600 feet. Street lights within the subdivision meet the applicable spacing requirement of 300 feet. Traffic: The Zoning Code requires that a traffic impact analysis be submitted for developments expected to generate large amounts of traffic (including developments that contain more than 75 single family units). The proposed development consists of 7 new single family lots and does not trigger the requirement for a site specific traffic impact analysis. Estimated traffic generation for the development is approximately 7 additional peak hour vehicle trips (approximately one per unit). A good comparison of the anticipated traffic would be that generated by the subdivision on Beverly Street, which is a cul-de-sac street with 11 houses. More detailed information regarding vehicular traffic and analysis of the intersection is included in the Engineering Division staff report. Setbacks for existine structures: Two existing houses are located adjacent to proposed River Bluff Court. The platting of the new right-of- way would result in a setback less than the 25' front setback called for within the RS -3 zoning district for both houses. The house at 1608 Hayselton Drive sits 22 feet from the proposed right-of-way line and the house at 1602 Hayselton Drive sits 15.6 feet from the proposed right-of-way line. A garage at 1608 Hayselton Drive sits 10.6 feet from the proposed right-of-way line. Street right-of-way can be platted when it results in a smaller setback for existing structures than is normally required. There are other examples of similar situations in Jefferson City, including the intersection of Ware Street with West Main Street, the intersection of Redwood Drive with Boonville Road, and the intersection of Anderson Drive with Boonville Road. The existing structures would be "grandfathered" as non -conforming in terms of setback distance. Planning and Zoning Commission March 10, 2012 Case No. PI 6001 Page 4 Street Width Variance Request The Chinn's intended to acquire, through the above mentioned parcel division, a small 6.4 sf sliver of property in order to meet the 50 feet right-of-way width standard for residential streets prior to applying for subdivision of the property. Failure to execute that property transfer and subsequent filing of restrictions on the property results in a right of way width of 48 feet 4 inches at the Hayselton Drive street line rather than the 50 feet standard width, but widens to the standard width once beyond the small sliver of property. Please see the attached visual showing the location of the 6.4 sf property in relation to the proposed roadway and right-of-way. Section 33-13 of the Subdivision Code allows for variations from provisions of the Subdivision Code where such provisions would present a serious obstacle to the formulation of a plat for the reasonable use and development of land in subdivision form. Staff Position: Unusual circumstances surround the transfer of the small sliver of property, including litigation in Circuit Court that has lasted nearly four years. The presence or absence of the small sliver of property has no effect on the design of the street nor its relation to adjacent structures, and should not prevent a reasonable subdivision of the subject property. Staff recommends approval of the right-of-way width variation. Form of Motion 1. Motion to approve the proposed amendment to the Development Plan Map of the Comprehensive Plan to show the 14.69 acre property as intended for low density residential use. 2. Motion to approve the proposed rezoning of the 14.69 acre property from PUD Planned Unit Development to RS -3 Single Family Residential. 3. Motion to approve the proposed Preliminary and Final Subdivision Plat of River Bluff Estates Subdivision subject to comments and technical corrections of the Planning and Engineering Divisions. Jefferson City Planning & Zoning Commission Meeting Engineering Division Staff Report Thursday, March 10, 2016, 5:15pm Item 6. — New Business/Public Hearings Case No. P16001— Preliminary and Final Subdivision Plat, River Bluff Estates Subdivision, 1600 Block, Hayselton Drive and 1414 West Main Street (PUD to RS -3) ENGINEERING STAFF RECOMMFNDATION- Recommend approval, subject to issues highlighted being addressed prior to the rezoning and plat being considered by the City Council. Also, subject to technical corrections being addressed on revised versions of the preliminary and final plats and improvement plans, prior to City Council Consideration. Existing Infrastructure Summary • Public infrastructure exists in the vicinity. o Existing storm water facilities are at the end of Beverly Street and at the low point of Hayselton Drive. Coon Creek crosses the subject property and flows into the Missouri River. • The existing neighborhood drains to Coon Creek and is part of the Coon Creek watershed. • Sanitary sewer exists in the vicinity. An existing wastewater pump station, scheduled for replacement in 2017, serves the area from a location on Hayselton Drive. • Hayselton Drive is an existing curb and guttered roadway, approximately thirty (30) feet in width. Parking is allowed on either side of the roadway. • Sidewalks exist along Hayselton Drive in the vicinity of the proposed development. Improvements Summary Roadway • River Bluff Court is planned with a 25' width, which allows parking on one (1) side of the street. This meets the design for a place -court, with twenty (20) or less units, with an ADT (average daily traffic) of 0-200 vehicles a day. 0 A permanent cul-de-sac is planned at the end of River Bluff Court for a turnaround. Curb radii at the intersection of Hayselton Drive are shown as twenty (20) feet in accordance with the Subdivision Code requirements. Storm Water / Erosion Control Storm water detention is not a requirement of this project. Velocity and permanent erosion control will be necessary. Additional channel protection (rip -ray) will need to be placed from the cul-de-sac inlet to the creek area. Disturbance of existing vegetation shall be minimized. Provisions to address Storm Water Quality are required per the Storm Water Code. The City has proposed to the consultant/owner that a `deed restricted tract of ground encompassing the low area/floodplain area of the owner's property around and downstream from the proposed pump station be dedicated as a Reserve Tract. This areas shall perpetually remain as a `do not disturb' area for naturally occurring vegetation to filter storm water pollutants from the new development. This method seems to be the most plausible to address storm water quality requirements; other methods contained within the MARC Manual could be used to address the requirements. e Storm water has been planned to drain directly to the creek from the subdivision, within the property boundary. a Inlets are not shown to be constructed on River Bluff Court near the intersection of Hayselton Drive. The amount of drainage flowing into the existing neighborhood from the proposed development will then be increased in quantity. Calculation/analysis of the downstream system(s) capacities will be needed before the City will allow the drainage from the new development to flow to Hayselton Drive. Downstream capacities of the storm water systems must be shown to handle part of the additional drainage proposed from the development. Some type of drainage control system may still be necessary at the intersection of the new street with Hayselton Drive. Additional information is necessary to determine this. The new curbed street will collect the storm water currently flowing into properties located on Beverly Street and redirect it to the Hayselton Drive, or to the end of the new street. This will help minimize existing and reported drainage problems on Beverly Street. e An erosion and sediment control plan is included with infrastructure plans and is in substantial conformance with Code requirements. A Storm Water Quality Benefits Summary should be added to the improvement plans. Floodplain- The property exists within the designated Floodplain of the Missouri " River. Sanitary Sewer • The City of Jefferson Wastewater Division of Public Works plans to replace the existing Hayselton Drive sewer pump station with a new facility to be constructed on a tract of ground within this proposed development. • The City is obligated by EPA to have the new pump station operable by the Summer of 2017. • The proposed development is to be served by anew sanitary sewer main that will tie directly to the newly proposed sewer pump station. • Sewer main extension is proposed to serve all the proposed lots within the subdivision. • There is not enough room to build anew pump station facility necessary to serve the watershed and neighborhood adequately at the current location on Hayselton Drive. • A new force main to West Main Street, along with a new gravity main from the old station location to the new location will be designed by the City in conjunction with the pump station project. Sidewalk • A five (5) foot sidewalk is being proposed along River Bluff Court on the southerly side of the roadway. Street Access / Traffic Impact Information and Analysis • In accordance with the Zoning Code, a specific Traffic Impact Analysis is not required for this proposed subdivision, as fewer than 75 single family lots are being proposed. e Existing conditions and impacts on the neighborhood were previously examined. Please refer to the enclosed attachment which outlines the following information on an aerial view of the neighborhood. e Hayselton Drive is considered a local residential roadway. e Trip Generation - For seven (7) new single family lots, the ADT for the proposed subdivision will fall well within the range mentioned above for a place -court cul-de-sac street with twenty (20) or fewer units. During a morning or evening peak hour, approximately seven (7) new vehicle hips would be expected to be generated from the new development. The threshold for a Traffic Impact Analysis (TIA) in a new development for peak hour trips is one -hundred (100) trips or greater, per provisions within the Zoning Code. • Sight Distance- The consultant has previously provided sight distance information as follows- Location Actual/Measured Required Hayselton Drive NW, Exiting Development - 195' 165' Hayselton Drive SW, Exiting Development- 240' 165' Entering Development from NW, turning left- 145' 130' Speed and Volume- The City previously performed both a traffic volume and speed count on Hayselton Drive. The results have been summarized on the attached drawing. Locations of counters were near 1622 Hayselton Drive, northwest of the proposed development, and approximately 100' southwest of Beverly Street, southwest of the proposed development. The 850i percentile speed ranged from 28 -29 mph during these periods at the specific locations the counters were placed. The mean (or average) speed ranged from 22 -23 mph at the specific locations the counters were placed. Average daily traffic volumes indicated on the attached drawing of 222 ADT northwest of the proposed development and 339 ADT southwest of Beverly Street. a Accident History- Accident data for the area was previously reviewed. In 2011, an accident was identified in the immediate vicinity of the proposed development and was a sideswipe of a parked vehicle on Hayselton Drive approximately 500' from Beverly Street. No other information was obtained for the area between the Allen Drive intersection with Hayselton Drive, Beverly Street, to Hayselton Drive on the bluff. In 2012, a motorcycle lost control at the driveway at 1606 Hayselton Drive. Alcohol and excessive speed were probable contributing circumstances for this accident. Fire Hydrants / Street Lights o Facilities are proposed along River Bluff Court and within the subdivision and are in accordance with City standards. A street light was previously added to one (1) of the utility poles near the proposed intersection of River Bluff Court with Hayselton Drive. This will illuminate the new proposed intersection at night. �' � •j' -ria: �' i i � •;-- ^- ....:Il 1600 Block of Hayselton Drive Sheet width = 30' back of curb to back of curb ! :; d yr1s e Speed limit 30 mph Parking allowed on both sides of street One reported accident in last five years ADT 222 ,. (sideswipe with park car) JJ 85th percentile speed 28 mph Average speed 22 mph 4. "T,.�! " .1� . +a r. .may _ \ : f S �. .� `�'p'.�v t'• - � •��+,w .,� � �r °�' , � 6,. dLdlj gib^' 3�* 80 foot radius +� Design speed - 15 mph ; �. 145' aw JIM e :e 130'required st,pPoser, -- e ADT 339 85th percentile speed 29 mph*' '.- 4 Average speed 23 mph +, City - E Legend of ers®n Location of traffic counter d Sight distance !. It �Y City of Jefferson Planning & Zoning Commission LOCATION MAP ♦ ♦ ♦ RC PA R RD r j ❑ wV.MCCtp�TY ST w p� p RA 21 W MAIN ST mQ CUBq,ST I y CyS: �Gjj RD- Case D Case No. P16001 River Bluff Estates Subdivision Preliminary & Final Subdivision Plat 0 155 310 620 Feet N W + E S CAty ut Jefferson Planning & Zoning Commkt ion VICINITY 0 205 410 820 Feet N Case No. P16001 River Bluff Estates Subdivision wE Preliminary & Final Subdivision Plat S CityofJefferson Department of Planning & Protective Services 320 E. McCarty Street Jefferson City, MD 65101 Phone: 573.634.6410 jcplanning@ajeffcitymo.org w .Jeflersoncitymo.gov APPLICATION FOR SUBDIVISION PLAT The undersigned hereby petitions the Planning and Zoning Commission and City Council of the City of Jefferson, Missouri for the following type of subdivision: X Preliminary Plat X Final Plat 1. Name of Subdivision: River Bluff Estates Subdivision 2. General location: 1414 W. Main Street 3. Existing/Proposed zoning: Existing PUD, PUD will be rezoned to RS -3 4. Existing/Proposed use of the property: Existing: Undeveloped, Proposed: Residential Subdivision 5. Size of the property in acres: 10.90 Acres 6. Total number of lots proposed: 9 Lots and 1 Reserve Tract 7. The following items need to be submitted with the plat drawing, if applicable: A. Public improvement construction plans are to be submitted to the Engineering Division with a final plat. Signature of the Division Director, or his/her designee, is needed to certify that plans have been submitted: (N/A if no plans are required) Signature Date B. Description of any variances to the Subdivision Regulations being requested (please note section number of the regulation below and attach a letter stating justification for the variance(s): Requesting a variance for the reduction of right of way width from the standard 50' R/W. Sec. 33-1 tb C. Appropriate Gary Oberkrom Property Owner Name (type or print) Patrick Kremer, PE Engineer Name (type or print) Preliminary Plat —Commerci Final Plat - $240' plus $4 per Engineer 3` plus $4 per lot /-Z7-iG Date fd/ Date J. Brian Rockwell. PLS �/li 4/W//4_. Surveyor Name (type or print) Surveyor S1gnatufe Date Contact person for this application: Name: River Bluff Condominiums, LLC Attn: Gary Oberkrom Address: 604 Missouri Blvd. Court, Jefferson City, MO 65109 Phone Number: 573-893-2299 For Staff Use Only Attachments: Variance request letter Additional documentation Notes: 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. City of Jefferson Department of Planning & Protective services 320 E. MoCarty &(reef Jefferson City, MO 65101 Phone; 573634.6410 loptanntng@jeffcltymo.org www./etfersonoitymo.gov APPLICATION FOR SUBDIVISION PLAT RECEIVED L R h 2016 PLANNING & PROTECTIVE SERVICES The undersigned hereby petitions the Planning and Zoning Commission and City Council of the City of Jefferson, Missouri for the following type of subdivision; X Preliminary Plat X Final Plat 1. Name of Subdivision: _ River Bluff Estates 50cilylsion 2. General location: 1606 Hayselton Drive 3. Existing/Proposed zoning: RS -31 RS -3 4, Existing/Proposed use of the property: Existing: Residential, Proposed: Residential Subdivision 5. Size of the property in acres: 10.90 Acres 6. Total number of lots proposed: 9 Lots and 1 Reserve Tract 7. The following Items need to be submitted with the plat drawing, If applicable: A, Public Improvement construction plans are to be submitted to the Engineering Division with a final plat. Signature of the Division Director, or his/her designee, is needed to certify that plans have been submitted: Signature Date (N/A If no plans are required) B. Description of any variances to the Subdivision Regulations being requested (please note section number of the regulation below and attach a letter stating Justification for the variance(s): Recuesting a variance for the reduction of right of way width from the standard 50' R/VV Sec 33-11.4.b C. Appropriate application filing fee: $ 525.00 Preliminary Plat - Residential4213* plus $4 per lot Preliminary Plat — Commercial/Industrial-$213* plus $4 per lot Final Plat - $240* plus $4 per lot *Revised June 30, 2015 Hollv Schroer . dame (type %r / zulfllom Property Owne"r Name (type or print) &Akr 774ka nFt�lw,c(e.Ch Patrick Kremer PE �pimroh(�Sy Engineer Name (type or print) ,3�t_ Date S -/V & Date J. Brian Rockwell. PLS Surveyor Name (type or print) StTrveyor Signature Date Contact person for this application: Name; River Bluff Condominiums, LLC Attn: Gary Oberkrom Address: 604 Missouri Blvd. Court, Jefferson City, MO 65109 Phone Number: 573.893-2299 For Staff Use Only Attachments: ❑ Variance request letter ❑ Additional documentation Notes: Individuals should contact the ADA Coordinatorat (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. \ TUN. R12W srre a>�Rai � a,\ 9 NY 1/a SEC. 1 ' y zvn w MR. R12W G /SIDWDMSIOH per\ M GWS \ oc vm. Back 5, Pegs el�- �\`\ \�'\��\\_ - x�p "` , �`'��= �c=-`� `•r \ +syh• - SITE LOCATION MAP Xx z .`e Sz �_eam�n_ •"e Reserve Truce ,-\' -a -. I-*'- .A,\\\ �. v RIVER BLUFF ESTATES SUBDIVISION Put of the E 1/2 & the NW 1/4 See. 1, T44N, R12W AREA: 10.90 ACRES ZONED: RS -3 & PUD )(0 \ \ TUN. 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RIVER BLUFF CONDOMINIUMS LLC 604-D MISSOURI BLVD COURT JEFFERSON CITY MO 65109 February 5, 2016 Janice McMillan City of Jefferson Department of Planning & Protective Services 320 E. McCarty Street Jefferson City, MO 65101 Re: River Bluff Estates Subdivision Application for Subdivision Plat Variance Request Letter Dear Ms. McMillan, We are requesting a reduction of the minimum right of way width required to develop a subdivision per section 33-11.6 of the City of Jefferson Subdivision Code. The proposed right of way width would be reduced from 50.00 feet to a width of 48.36 feet, a reduction of 1.64 feet. The reason for this reduction of width pertains to an ongoing legal dispute of 6.4 square feet of land between the owner/developer and the adjacent property owner to the south. The 6.4 square feet of land was transferred to the owner/developer of the properly by Special Warranty Deed (Book 617, Page 639) with restrictions that do not allow the land to be used to develop a subdivision. These restrictions are the basis for the legal action and should not limit the owner to develop the remainder of their properly not listed in the suit; therefore, the subdivision boundary will not encompass the 6.4 square feet and will not be used for the proposed the right of way that will serve the subdivision. The reduction of the right of way in no way hinders the ability of the property to be developed as a subdivision and still allows for all other requirements of the subdivision and improvement plans to be met according to the City of Jefferson Subdivision Code. Thank you for your consideration on this matter Sincerely, Ar44�� _Gary Oberkrom River Bluff Condominiums, LLC