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HomeMy Public PortalAboutORD15601 BILL NO. 2016-83 SPONSORED BY Councilman Graham ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PRELIMINARY PUD PLAN AMENDMENT FOR PROPERTY LOCATED AT 1140 BOONVILLE ROAD, DESCRIBED AS LOT A OF SOMERSET MEADOW REPLAT, JEFFERSON CITY, COLE COUNTY, MISSOURI. WHEREAS, Scott Spencer, owner of the real estate hereinafter described, having submitted a Preliminary PUD Plan of said real estate described as follows: Lot A of Replat of Somerset Meadow, per Book 12, Page 253, Cole County Recorder's Office. Containing approximately 3.78 acres; and WHEREAS, it appears that the procedures set forth in the Zoning Code relating to Planned Unit Developments have in all matters been complied with, as said property owner submitted to the Planning and Zoning Commission and City Council a Preliminary PUD Plan Amendment for the above referenced property. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Preliminary PUD Plan, on file as Case No. P16019 in the Jefferson City Planning Division, is hereby approved for the land referenced above. Maximum garage/workshop size is limited to 2,400 square feet. Section 2. Common Areas and Public Land. No common areas are proposed and no lands are dedicated to public use with this PUD Plan. Section 3. This ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: / '/' Approved: 19 A9 (� OAAAA1,-----770-t(4,1 Presiding Officer Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM: g"./ „op Ci y Clerk City ' our elor NOTICE OF PUBLIC HEARINGS ON PLANNING AND ZONING MATTERS The City Council of the City of Jefferson, Missouri, will hold public hearings on the following planning and zoning matters on Monday, December 19, 2016 at 6:00 p.m. in the Council Chamber of the John G. Christy Municipal Building, 320 East McCarty Street, Jefferson City, Missouri. 1. 2005 SCHOTTHILL WOODS DRIVE – PRELIMINARY PUD PLAN AMENDMENT FOR DRIVE THROUGH RESTAURANT (Reconsideration of the November 21, 2016 vote on Bill 2016-67 by the City Council, by motion adopted November 28, 2016 pursuant to Jefferson City Code Section 2-236): Part of Lot No. 60 of Schotthill Woods Subdivision, Section 2, as per plat of record in Plat Book II, Page 324, Cole County, Missouri, more particularly described as follows: Beginning at the southwesterly corner of said Not No. 60; thence North 04 Degrees 07 Minutes 28 Seconds West along the westerly line of said Lot No. 60, 159.31 feet to the southwesterly corner of Lot No. 59 of said Schotthill Woods Subdivision, Section 2; thence North 85 Degrees 52 Minutes 32 Seconds East, 210.46 feet; thence South 01 Degrees 23 Minutes 24 Seconds East, 178.94 feet to a point on the southerly line of said Lot No. 60; thence westerly along the southerly line of said Lot No. 60, in a curve to the left, having a radius of 322.90 feet, an arc distance of 112.57 feet; thence south 85 Degrees 52 Minutes 32 Seconds West along the southerly line of said Lot No. 60, 91.61 feet to the beginning point of this description. Containing 0.77 acres, more or less. 2. 612 BROADWAY STREET – REZONING 0.17 ACRES FROM RA-2 HIGH DENSITY RESIDENTIAL TO C-2 GENERAL COMMERCIAL AND AN ASSOCIATED COMPREHENSIVE PLAN AMENDMENT DESIGNATING THE AREA AS COMMERCIAL: Lot 12 of a Subdivision of Inlots numbered 788, 789, 791, 793 and 794 in the City of Jefferson, Missouri, fronting 49 feet 8.25 inches on Broadway and running back 150 feet to a private alley. 3. 617, 619, 621, AND 623 EAST CAPITOL AVENUE – REZONING 0.86 ACRES FROM C-1 NEIGHBORHOOD COMMERCIAL TO PUD PLANNED UNIT DEVELOPMENT AND PRELIMINARY PUD PLAN TO UTILIZE THE EXISTING BUILDINGS AS A MIXED USE ART AND ENTERTAINMENT COMPLEX : All of Inlot 137, in the City of Jefferson, Missouri; and, The Easterly part of Inlot No. 136, in the City of Jefferson, Missouri, more particularly described as follows: Beginning at the Southeasterly corner of said Inlot; Thence Westerly along the Southerly line thereof, 57 feet 10.5 inches; thence northerly parallel with the Easterly line of said Inlot, 198 Feet 9 inches, to the Northerly line thereof; thence Easterly along the said Northerly line, 57 feet 10.5 inches, to the Northeasterly corner of said Inlot; thence Southerly along the Easterly line thereof, 198 feet 9 inches, to the point of beginning; and, Part of Inlot 136, in the City of Jefferson, Missouri, more particularly described as follows: Beginning at a point on the Southerly line of said Inlot No. 136, a distance of 20 feet Easterly from the Southwesterly corner thereof; thence easterly along the southerly line of said Inlot, 26 feet 6 inches; thence Northerly parallel with the Westerly line thereof, 198 feet 9 inches, to the Northerly line of said Inlot; thence Westerly along said Northerly line, 26 feet 6 inches; thence Southerly parallel with the Westerly line thereof, 198 feet 9 inches, to the point of beginning. 4. 1140 BOONVILLE ROAD – PRELIMINARY PUD PLAN AMENDMENT TO CONSTRUCT A GARAGE/WORK SHOP: Lot A of Replat of Somerset Meadow, per Book 12, Page 253, Cole County Recorder’s Office. Contain ing approximately 3.78 acres. 5. 310 AND 312 W. ELM STREET – REZONING 0.12 ACRES FROM C-2 GENERAL COMMERCIAL TO RA-2 HIGH DENSITY RESIDENTIAL: Part of Inlot 686, in the City of Jefferson, Missouri, more particularly described as follows: Beginning at the No rtheasterly corner of said Inlot; Thence Southerly along the easterly line thereof, 140 feet, to the beginning point of this description; thence westerly parallel with the northerly line of said Inlot, 140.38 feet to the westerly line of said Inlot; thence northerly along the westerly line, 47.96 feet, to the southwesterly corner of Lot 3 of proposed Inlot 686 Subdivision, thence North 49 degrees, 11 minutes, 23 seconds West, 104.4 feet, along the southerly line of said Lot 3, to the easterly line of said Inlot and the southeasterly corner of said Lot 3; thence southerly, along the easterly line of said Inlot, 50.95 feet, to the beginning point of this description. Being all that part of lots 1 and 2 of proposed Inlot 686 Subdivision currently zoned C-2 General Commercial. Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Please call (573) 634-6410 with questions regarding these matters. Phyllis Powell, City Clerk, City of Jefferson, Missouri P.T. - Friday, December 2, 2016 For contact information only. Department of Planning and Protective Services/Planning Division 320 East McCarty Street, Room 120, Jefferson City, Missouri 65101 Contact: Anne Stratman or Janice McMillan Phone (573) 634-6475 Fax (573) 634-6457 EXCERPT OF UN-APPROVED MINUTES JEFFERSON CITY P LANNING AND ZONING COMMISSION November 10, 2016 COMMISSION MEMBERS PRESENT Jack Deeken Dean Dutoi Chris Jordan, Chairman Michael Lester David Nunn Chris Yarnell, Vice Chairman Ron Fitzwater, Alternate Matthew Hall, Alternate COMMISSION MEMBERS ABSENT Bunnie Trickey Cotten Bob George Dale Vaughan Blake Markus, Alternate COUNCIL LIAISON PRESENT Carlos Graham STAFF PRESENT 5:15p.m. Janice McMillan, Director of Planning & Protective Services Eric Barron, Senior Planner Shane Wade, Civil Engineer II Bryan Wolford, Associate City Counselor Jamie Abbott, Neighborhood Services Coordinator Katrina Williams, Transportation Planner Diane Cary, Administrative Technician New Business/Public Hearings ATTENDANCE RECORD 2 of 3 3 of 3 3 of 3 3 of 3 3 of 3 3 of 3 2 of 3 3 of 3 ATTENDANCE RECORD 2 of 3 1 of 3 1 of 3 2 of 3 Case No. P16019 -1140 Boonville Road, PUD Plan Amendment. Request filed by Scott Spencer, property owner, for an amendment to the PUD Plan for the property to construct a 1,800 sf garage work shop. The purpose of the request is to accommodate a larger garage than the 1,500 sf maximum size permitted for residential uses. The property is located on the north side of Boonville Road 1,000 feet east of Highway 179 and is described as Lot A of Somerset Meadow Replat, Jefferson City, Missouri. Mr. Barron described the proposal and explained that the property owner desires to construct a 1,800 sf garage/work shop building on the property. The Zoning Code permits a maximum garage size for residential uses based on the size of the property, with the maximum size capping out at 1,500 sf. Because the property is zoned PUD, the property owner has filed an amendment to the PUD Plan to permit the larger garage size. Scott Spencer, who resides at 1140 Boonville Road, spoke regarding this request. He stated that building this structure would be a benefit as a sound buffer to the railroad tracks and to provide the needed extra square footage for their collectable vehicles, lawn equipment, and perhaps a future mother-in-law quarters at the house. Mr. Dutoi asked whether an increased size of structure would help him in the design and future flexibility. Mr. Spencer replied that an increased size would be helpful. No one spoke in opposition to this request and no correspondence was received. Mr. Barron gave the Planning Division staff report. Excerpt of Un-Approved Minutes/Jefferson City Planning & Zoning Commission November 10, 2016 Page 2 Mr. Dutoi moved and Mr. Nunn seconded to recommend approval of the PUD Plan Amendment with a maximum garage/workshop size of 2,400 square feet rather than the 1,800 square feet contained within the application. The motion passed 6-0 with the following votes: Aye: Deeken, Dutoi, Lester, Nunn, Yarnell, Hall 2 / Case No. P16019 1140 Boonvillle Road PUD Plan Amendment I I f '--·--\ City of Jefferson Planning & Zoning Commission LOCATION MAP Case No. P16019 1140 Boonvillle Road PUD Plan Amendment 0 135 270 City of Jefferson Department of Planning & Protective Services 320 E. McCarty Street Jefferson City, MO 65101 Phone: 573-634-6410 jcplanninq@jeffersoncitymo.gov APPLICATION FOR MINOR AMENDMENT TO FINAL PUD PLAN The undersigned hereby petitions the City of Jefferson, Missouri, for an AMENDM ENT to the approved Final PUD Plan for the following property: Project Name: Co._~~C..Q., €. ~_ot-Ic. ~ho(? Project Address : ll "'lo 8>90 r\i, 0 (l.. 'RS!. Describe~endment :~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Please attach the following : (a) Typed project narrative describing , in detail , the requested amendmen t, including affected a rea in square feet. Include project name and location on the project narrative sheet. If the amendment is for signage, include a copy of the sign detail. (b) Rendering or site plan drawing of affected area and proposed change, if applicab l e. (c) Filing fee (see instructions): Minor Ame ndment: $105 (Revised June 30 , 2015) Applicant Information : PropertyOwnerName:l. ?c~rr~ ~ 1\s,hc.. Spt-t{c,6-(t Address II t{() 16oon \h'JI ~~ Phone Number(s): S73-~53-~ ~g 7 5"?3-89s-G'737 Consultant (Attach Project/Applicant Information Sheet if more space is necessary) Name: Addres_s_:-U~WL~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~-- Ph one Number(s): ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~- Applicant Signatu re (if different from property owner) Printed Name Date For City Use Only: 0 Major Amendment: Referred to Planning and Zoning Commission 0 Minor Amendment 0 List Previous Case Numbers:~~~~~~~~~~~~~~~~~~~~~~~~~- 0 Previous Testimo ny? -From persons at any prior public meeting (Such persons shal l be notified of the proposed amendment a minimum of seven days prior to taking any action on the request.) 0 Department Decision Denied I Approved I Conditionally Approved on this~~~~~day of~~~~~~~~~-, __ . List any conditions_~~~~~~~-~~~~~~~~~~~~~~~~~~~~~~~- Signed/Title_~~~~~-~~~~~-~~~~~~~~~~~~~~~~~~~~~~- Application Filing F ee Received:_Cash (indicate receipt#~~~~~_... _Check (check# ~~~~~-) Attachments: Narrative ~~Map ~~Applicant/Project Information Sheet fJ.tO ~ca-td '9'~;56 '/6 T. Scott & Tisha Spencer 1140 Boonville Road Jefferson City, MO 65109 Project Narrative: Mr. and Mrs. T.-scott Spencer reside at 1140 Boonville Road. We would like to submit an application for an amendment for our PUD zoning at the mentioned location. We are seeking the amendment for an 1800 sq. ft. 30' x 60' garage/work shop space that would be located to the Northeast corner of the property. The 3. 79 acre property currently includes one single family home with a home based business. The proposed structure would not be visible from the street or by any neighbors in the area. The property is in close proximity to the railroad tracks, and the proposed new structure would also act as a sound buffer to the main house. The structure will utilize light gauge steel framing, the same type of construction that was utilized for the main house. Proposed materials include metal siding, cultured stone and synthetic slate shingles for the roof. The space will not include a living or bathroom area. The concrete floor will have a pvc drain system tied into the sanitary sewer system. Hardship: We own three collector cars that are currently stored in our three-car garage. This garage space is also shared with a woodworking shop. If we are able to move the vehicles into the new structure, we will be able finish a family room/mother-in-law living space with a full bath for an aging parent. We store maintenance equipment in the garage area such as a compact tractor, ZTR lawn mower, lawn de-thatcher and aerator. We have no garage space at this time for our truck or camper, which are both currently parked outside behind our home. In closing, we believe the addition of this garage will enhance the overall beauty and functionality of our property. Because this structure is only visible from the rear of our home, it should not be a concern for any neighbors or traffic. Thank you for your consideration, Mr. and Mrs. T. Scott Spencer Q Search Maps Tools More.., MIdM©GIS �•" Q Q Q '� Oulck Search Identity Street VTow Cammuntty Info Map Themes Print Hider , Locate t Mef Zoom In Zoom Out 3 Full `,��� - { ,Extcnl Prov Extent ;, ` • ti � `... •.e�-. � . r •'�i TM lam. r,ct b a, d A y u 41 ..r ._ ?� _ . all y �� . �.. �� . C'i�'H. -� f ,� s, 4 _; • i �. - .l1 3t1 sof ' ( • ._ _ _ ti _ , *� .� _� Thi ol GENERAL WARRANTY DEED This Indenrure, Made on 1he rq day of ~MA.~ , 2Dc I By and between RICHARD HUTCHERSON and MARIL''x"N ~-HUTCHERS , husband and wife of the County of Cole, State of Missouri, party or farLies of ~f .first P and T. SCOU SPENCER a].d TIS~ L. SPENCER. husband and wife, G1antecsmailiiigaddress 121 Me ~ ~Q (~' oftheCountyofCole, in the State of Missoun, party or parties of Second Part • W itnessedl, 1'hat said party or parties of the First Pan in consideration of the sum of One Dollar and Other Vabmble Consideration patd by the said party or parbes of the Second .Part, the receipt of wwch is hereby acknowledged, by these: presents. GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM Wito the said party or parties of the Second Part. and to the heus, successors or assisns of such parry or pa.rues, tllc following descnocd lots, tracts or parcels of land lying being and Stlllate in the County of Cole, State of MISsouri, to wit: LOl'S NOS. 1, 2 3 AND 4 Of SOMERSET MEADOWS, IN THE CITY OF JEFFERSON, MISSOURI, PER PLAT OF RECORD IN PLAT BOOK 11, PAGE 1000, COLE COUNTY RECORDER'S OFFICE. SUDJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TO HAVE AND TO HOLD the premises aforesaid, with allancl singular the rights, privileges, appurtenances and immurunes thL-reto belonging or in llllywise appertaining, unto Lhe said party or parties of the Second Part lllld u11to lhe heirs, suc-cessotS or assigns of such party or patttes FOREVER, the said p:u1y or parues of the first part hereby covenanting that said party or parties being lawfully seized of an indefeasible estate in fee in the premises herein conveyed; that said party or parties having good right to convey the same: that the said premises are free and clear of any incumbrances done or suffered by said patty or parties of the ftrst part or those llllder whom said party or parties of the first part claim and that said party or parties of the first part will WARRANT AND DEFEND the title to said premises tmto the satd party or parties of the Second .Part, and tmto the heirs, successors or asstgns, of the party or parties of the second part FOREVER. against the lawful claims or demands of alt persons whomsoevcr. IN' WITNESS WHEREOF, the said parry or parties of the First ,Part hereunto set thetr hand or l1ands the day and year first above: written. ~ j , ' ·o ~; ,.{ ~LJ·" STATE OF MISSOURI ss. COUNTY OF COLE : ~ On this __lS_ day of ~....ulA £..\ __ zco ( . before me personally appeared RICHARD HUTCHERSON alld MARILYN A. I CHERSON, ifusband and wife, to me known to be the person or persons descnbed m and who executed the foregoing instrUment, and acknowledged that said person or persons executed the same as said person's or persons' free act and deed. / Q Q 0 6 Y 5 IN TES11MONY WHEREOF, I have hereunto set my hand and a.fl'Ixed my official seal in the Coll.Qty and State aforesaid, the day and year first above 'Mlllen. s 1 A ! E t' F r·i 1 ~ s o 'J H 1 COU.'fil Llr (lil.E 4xWA~n<o~Sed) 'n 1 J"' 1 9 c m -u Not<tcy Public ~~~~ ... ~ \.J_ li.•! -· 1111 10 31 TAAALVNNHO~ ., 0 C / r 32-. ,, , • 1 / 7 7 My commisston expires Public-NotarY Seal ~. h -r'"' r ... ct. .., ----t----L:Ii:l#.li!Sl:u.'fi.J-;JE,.::O:,;.;FlWSSOURI _t,Hi~ i' D. f\f :~:~!:,:; CountyofCole . ~Y commissiOn Expies 111412002) .._ .. City of Jefferson Department of Planning & Protective Services 320 E. McCarty St. Jefferson City, MO 65101 October 27, 2016 Dear Property Owner: Carrie Tergin, Mayor Janice McMillan, AICP, Director Phone: 573-634-6410 Fax: 573-634-6457 This letter is to notify you that the Jefferson City Planning and Zoning Commission will meet at 5:15 p.m. on Thursday, November 10, 2016 in the Council Chambers of the John G. Christy Municipal Building, 320 East McCarty Street, to consider the following matter (see map on back): Case No. P16019-1140 Boonville Road, PUD Plan Amendment. Request filed by Scott Spencer, property owner, for an amendment to the PUD Plan for the property to construct a 1,800 sf garage work shop. The purpose of the request is to accommodate a larger garage than the 1,500 sf maximum size permitted for residential uses. The property is located on the north side of Boonville Road 1,000 feet east of Highway 179 and is described as Lot A of Somerset Meadow Replat, Jefferson City, Missouri. As a nearby landowner and/or neighbor, you have the privilege of attending this hearing. Unfortunately, we are unable to record comments received by telephone, however, written comments may be directed to the Planning and Zoning Commission in one of the following ways : e-mail: jcplanning@jeffcitymo.org fax : Dept. of Planning and Protective Services I Planning Division 573-634-6457 mail: Dept. of Planning and Protective Services I Planning Division John G. Christy Municipal Building , 320 E. McCarty Street Jefferson City, MO 65101 Written comments received on or before 1:00 p.m. on the day of the meeting will be made a part of the official record and copied and distributed to Commission members at the meeting . Those unable to provide written comments in advance are invited to deliver their comments to the Commission Chairman only at the meeting . Correspondence received after 1:00 p.m. will be included in the official record , but there is no guarantee that copies will be made for distribution to all Commission members . For your information, this case is tentatively scheduled for a public hearing in front of the City Council on December 19,2016. The City Council meets at6:00 p.m. in the Council Chambers of the John G. Christy Municipal Building, 320 East McCarty Street. Information regarding this case may be viewed on the Planning and Zoning Commission webpage at: www.jeffersoncitymo.gov. If you have any questions concerning this matter, please feel free to contact us at 573.634.6475. Sincerely, Eric Barron, AICP Senior Planner individua ls s hould contact the ADA Coordinator at (573) 634 -6570 to request accommodations or a lterna tive formats as required under the Americans w ith Disabilities Act. P lease a llow three bus iness days to process the requ est. Please ca ll (5 73 ) 634-6410 with ques tions r egarding agenda items . Jefferson City Planning & Zoning Commission Property Owners List Case No. P16019 1140 Boonville Road KEMPKER, JEFFREY F & LINDA R 1305 VISTA TIERRA JEFFERSON CITY, MO 65109 1206 BOONVILLE RD ECOLE JUNCTION RD SPENCER, T SCOTT & TISHA L 1140 BOONVILLE RD JEFFERSON CITY, MO 65109 1140 BOONVILLE RD (Subject Property) STOKES, LORI E, TRUSTEE PO BOX 572 JEFFERSON CITY, MO 65102 BOONVILLE RD SCHNIEDERS, PETER J & SCHNIEDERS, CLIFFORD & MARY TRUST DENISE CONVERY & WM R SCHNIEDERS & 813 BOONVILLE RD JEFFERSON CITY, MO 65109 1141 BOONVILLE RD STOKES, BETTY ANN PO BOX 572 JEFFERSON CITY, MO 65102 1128 BOONVILLE RD Page 1 November 10, 2016 Case No . P16019 ~~0 Boonvillle Road D Plan Amendment / 185ft N t 'f ' . o I !Cation Buffer s o eo 160 320 --480 640 Feet I J PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION November 10,2016 Case No. P16019-1140 Boonville Road, PUD Plan Amendment. Request filed by Scott Spencer, property owner, for an amendment to the PUD Plan for the property to construct a 1 ,800 sf garage work shop. The purpose of the request is to accommodate a larger garage than the I ,500 sf maximum size permitted for residential uses. The property is located on the north side of Boonville Road 1,000 feet east of Highway 179 and is described as Lot A of Somerset Meadow Replat, Jefferson City, Missouri. Nature of Request The property consists of 3.79 acres developed with a single family house. The zoning of the property is PUD Planned Unit Development. The property owner desires to construct a 1,800 sf garage I work shop building on the property. The Zoning Code permits a maximum garage size for residential uses based on the size of the property, with the maximum size capping out at 1,500 sf. If zoned a standard zoning district, the property owner would have been directed to the Board of Adjustment for a variance. Because the property is zoned PUD, the property owner has filed an amendment to the PUD Plan to permit the larger garage size. Zoning History This property was rezoned from RS-2 to PUD in 2001 and a PUD Plan for use of the property as a single family residence with in home graphic design business was approved. The purpose of the PUD was to permit customers to come to the residence as part of the in home business. Zoning and Surrounding Land Use: Z . PUD U s· I fi ·1 .d . I . h. h onmg: se: mg1 e amuy rest entta wtt m orne b . us mess Surrounding Zoning Surrounding Uses North RC Agricultural land South RC Agricultural land East RS-2 Single Family Residential West RS-21C-2/M-l/RC Single Family Home I Undeveloped Staff Analysis The garage would be located toward the northeast comer of the property, approximately 50 feet from the nearest property line. The size of the proposed garage, 300 sf larger than the normally permitted 1,500 sf, seems justifiably given the large size of the property. Impact on surrounding properties is negligible given the separation distance of the structure from the nearest adjacent property .. Staff Recommendation Staff recommend approval of the proposed PUD Plan Amendment. Form of Motion Motion for approval of the PUD Plan Amendment.