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
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Matt Morasch, PE Date
Director, Public Works
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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
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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
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'.- 4 Average speed 23 mph +,
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City of Jefferson Planning & Zoning Commission
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Case No. P16001
River Bluff Estates Subdivision
Preliminary & Final Subdivision Plat
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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
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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.
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Case No. P16001
River Bluff Estates
Preliminary Subdivision Plat
x1 Missouri Profession.] &m �u.
PRELWA V PIAT
1414 W."9,11W HOlflleg pt. JBftlDkl W.
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