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HomeMy Public PortalAboutORD15723 BILL NO. 2017-66 SPONSORED BY Councilman Graham ORDINANCE.NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL SUBDIVISION PLAT OF SCHROEDER SUBDIVISION, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. WHEREAS, James and Cathy Schroeder, 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 Northeast Fractional Quarter of Section 3, Township 44 North, Range 12 West and part of the Southwest Quarter of the Southeast Quarter of Section 34, Township 45 North, Range 12 West, all in the City of Jefferson, Cole County, Missouri, more particularly described as_follows: BEGINNING at the northeast corner of said Section 3; thence S1°25'40'W,' along the Section Line, also being the easterly boundary of the property described in Book 358, page 706, Cole County Recorder's Office, 171.49 feet to the northeasterly corner of the property described in Book 551, page 36, Cole County Recorder's Office; thence along the boundary of said properties described in Book 358, page 706 and Book 551, page 36 the following courses: N85°55'02"W, 24.17 feet; thence N13050'11"W, 14.63 feet; thence S78000'57"VV, 50.29 feet; thence N85055'02"W, 34.44 feet; thence S24014'48"E, 61.24 feet; thence S70°02'12"W, 5.00 feet; thence S14002'48"E, 50.63 feet; thence S80037'12"W, 15.00 feet; thence S1°09'12"W, 65.37 feet to the northerly right-of-way line of the Missouri Pacific Railroad; thence leaving the boundary of said property described in Book 551, page 36, N75°10'53"W, along the northerly right-of-way line of the Missouri Pacific Railroad, 180.12 feet; thence N10014'44"W, 311.64 feet to the southerly right-of-way line of West Main Street; thence along the southerly right-of- way liner of West Main Street the following courses: N63005'06"E, 38.15 feet; thence N77°56'06"E, 100.00 feet; thence N87°49'06"E, 100.00 feet; thence S89006'34"E, 98.09 feet; thence leaving the southerly right-of-way line of West Main Street, S1°30'23"W, 55.24 feet to the point of beginning. Containing in all 2.17 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 Schroeder 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 Schroeder 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. 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. I ' SECTION 3. This ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: I Approved: l Presiding Officer Mayor Carrie Tergin ATTEST: =: ' ;"_,�; _ APPROVED AS TO FORM: -00 ity Cle k ,/~ City Cou s r SITE LOCATION MAP 1 lnch "' 30 feel 1s :10 eo (Cnpiollcolo-J'oot) l!l1m: 1.)--llo .. bt*rC..fllllo~fll- l.)~r----SWMTSDf/1-cnYU- ~-r--~ IUt'T.'IIlOLIOD--~ IUD'Io.'--IA'CIIIll'--{101G~1) J.).fd 1/YII'•/ .. ., .. ___ _ ()~----"""""-c.ow­;.....:.tr---..... _,_ JJ ___ ,IIlaorr.t_ ,J __ _ -1'-llllC'M"""'_'_ l}»_ ... _JC( __ .... fllf:IMt .. 41.1' .... ......., .... .,. ____ ""_,._ ... ------.t ZfJIZ 1J.c..t• ..... •llltltlltti•M.-.. 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""'' aO-e(Q. -"""'- f"MdforNOOI"CC_CIOtd __ zo17. .. __ 0'_.., __ __..., _., ___ Pap __ ~C.&ay ...... - .~ 11Central Missouri Professional Services, Inc ENGilfDIUiiG -!IIIIIVETING -IIATERIAIB 'I'IISTIIIG COOE.IIcC.IIITY -CS7Jlat->W .IUftltSON crrt, llmOU1I:l 80101 ,.. 117Jl - SCHROEDER SUBDMSION (MINOR) S1JIIlMSIDN IF 1RACJS A 4: B, SRB-8, P-teO .,. ... 93-150 EXCERPT OF UN-APPROVED MINUTES JEFFERSON CITY PLANNING AND ZONING COMMISSION August10, 2017 COMMISSION MEMBERS PRESENT Bunnie Trickey Cotten Jack Deeken Dean Dutoi Bob George Chris Jordan, Chairman Michael Lester David Nunn Dale Vaughan Michelle Mahoney, Alternate Blake Markus, Alternate COMMISSION MEMBERS ABSENT Matthew Hall, Alternate Chris Yarnell, Vice Chairman COUNCIL LIAISON PRESENT Carlos Graham STAFF PRESENT Jayme Abbott, Neighborhood Services Manager Eric Barron, Senior Planner Shane Wade, Civil Engineer II Bryan Wolford, Associate City Counselor Alex Rotenberry, Transportation Planner Anne Stratman, Administrative Assistant Other New Business 5:15p.m. ATTENDANCE RECORD 2 of2 1 of 2 2 of2 2 of2 2 of2 2 of2 2 of2 2 of2 2 of2 2 of2 0 of 1 0 of 1 Case No. P17017-2713 W Main Street. Final Subdivision Plat of Schroeder Subdivision. Request filed by James and Cathy Schroeder for a Final Subdivision Plat of 2.27 acres into three lots. The property is zoned M-2 General Industrial. The purpose of the subdivision is to divide the three buildings on the property so that each building exists on a separate lot. (Central Missouri Professional Services, Consultant). Mr. Barron described the proposal and explained that the subject property is zoned M-2 General Industrial and consists of 2.27 acres. He stated that this proposal is for the approval of a Final Subdivision Plat for Schroeder Subdivision addressed as 2713 W. Main Street. Mr. Barron explained that this proposal involves the division of a developed property, which currently has three industrial style buildings located on it, into three separate tracts with one building on each tract. He stated that the buildings are addressed as 2713 W. Main Street, 2706 Industrial Drive, and 2708 Industrial Drive. Mr. Barron explained that the proposal is to divide the property into three separate tracts to allow each individual building to be offered for sale. He stated that utilities for the three buildings are existing. Mr. Barron explained that a cross access and utility easement is planned to be put in place to ensure that each building has the ability to maintain existing utilities and install new utilities if necessary. He stated that a draft version of the reciprocal easement and obligations document has been received and reviewed by staff. Mr. Barron explained that the property owner has submitted a request for deferral of the sidewalk construction requirement which will be administratively processed by city staff upon approval of the subdivision plat. Ms. Abbott left at 5:27 p.m. Mr. Graham left at 5:30 p.m. Excerpt of Un-Approved Minutes/Jefferson City Planning & Zoning Commission August 1 0, 2017 Page2 Mr. Keith Brickey, Central Missouri Professional Services, 2500 E. McCarty Street, spoke regarding this request and that the subject property consists of three buildings on one tract of ground. He stated that it is the property owners desire to split each property into its own lot for the purpose of sale. Mr. Brickey explained that in the past Mr. Schroeder has tried to market the subject property is a whole and was not able to sell. Mr. Bill Gratz, 2315 Route M, Wardsville, Missouri, spoke regarding this request and explained that Mr. Schroeder tried to market the subject property as an entire tract. He stated that Mr. Schroeder determined that there is not a demand for three separate warehouse buildings on one large tract. Mr. Gratz explained that currently there is an interest for each separate building. No one spoke in opposition to this request and no correspondence was received. Mr. Barron gave the Planning Division staff report. Mr. Wade gave the Engineering Division staff report. Mr. Brickey stated that he concurs with staff comments and recommendations. Mr. Dutoi moved and Mr. Nunn seconded to recommend approval of the Final Subdivision Plat of Schroeder Subdivision to the City Council with the following conditions: 1. Compliance with the comments and technical corrections of city staff. 2. Submittal of a signed final plat and signed reciprocal easement document prior to introduction to City Council. The motion passed 8-0 with the following votes: Aye: Cotten, Deeken, Dutoi, George, Lester, Markus, Nunn, Vaughan City of Jefferson Planning & Zoning Commission VICINITY Case No. P17017 Final Subdivision Plat Schroeder Subdivision 0 280 560 City of Jefferson Planning & Zoning Commission LOCATION MAP Case No. P17017 Final Subdivision Plat Schroeder Subdivision APPLICATION FOR SUBDIVISION PLAT City of Jefferson, Missouri Department of Planning & Protective Services -Planning Division 320 East McCarty Street, Room 120 Jefferson City, Missouri 65101 Phone (573) 634-6410 Fax (573) 634-6457 Date Received: The undersigned hereby petitions the Planning and Zoning Commission and City Council of th e City of Jefferson, Missouri for the following type of subdivision: Preliminary Plat X Final Plat 1. Name of Subdivision: Sc:...A ICJ~d e..... :Svl:>d iv ,'-s ior- 2. General location: 2713 Wes-f /Vla,.'n S-1 reef 3.Ex~tin~Proposedzoning:~~~~~n~~~~:~~~--~2~~~~~~~~~~~~~~~~~~~~- 4. Existing/Proposed use of the property: ~~C_o_n-t~m....:....ce:....~-=c:::....:...i -=a....:./~~~~~~~~~~~~~~~~~- 5.S~eclfuepro~~in~~s: ~~l ~.49_7~~A~c~r~e~5~~~~~~~~~~~~~~~~~~~ 6.Totalnumberoflo~ proposed :~-~~~~~~~~~~~~~~~~~~~~~~~~~~~- 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 w ith a f inal plat. Signature of the Division Director, or his/her designee, is needed to certify t hat plans have been submitted: Signature ~~----~~~ (N/A if no p lans are requ ired ) Date B. Description of any variances to the Subdivision Regulations being reque sted (p lease note section number of the regulation below and attach a letter stating justification for the variance(s): $1 dewa tk Def c.r1a./ C. Appropriate application filing fee: $ ~~~~ 3A-t'11GS Lr=w SCI+ROcb~ Property Owner Name (type or print) M,l<€ &rE.s Engineer Name (type or print) J . P r}·art l?o c k we// Surveyor Name (type or print) Contact person for this ~p l ication: • Name: .J, /3,.-14-A Kockw~/1 .. C'f'n-lrtJ/ M /~~J f'i 'Pr'*StS /t;T)d/ .Ser V/c~s Address: Z 5~d f?, Mt<d,-f{q1;'2' Jt:E f'c r.so n Ct'ty... N'f,,., <25 /d I Phone Number: ~7!S-3 y-___ _ For Staff Use Only Attachments : 0 Variance request letter 0 Additional documentation Notes : ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Individuals should contact the ADA Coordinator at (573) 634-6570 to requestaccommodations or alternative formats as required under the Americans with Disabilities Act. Please allow 72 business hours to process the request. DECLARATION OF RECIPROCAL EASEMENTS AND OBLIGATIONS WITHIN MINOR SUBDIVISION This Declaration dated this 22~ day of Av1u·d , 2017, is made, executed and filed of record by the owners of the parcels described herein. WHERAS, James L. Schroeder and Cathy S. Schroeder, Husband and Wife ("Declarants") are the owners of all lots within Schroeder Subdivision, a minor subdivision located in Cole County, Missouri, per plat of record filed at Plat Book _ _, Page __ , Cole County Recorder's Office, being more particularly described on Exhibit A, attached hereto and incorporated herein by reference; and WHEREAS, Declarants wish to provide for the efficient and orderly use and enjoyment of the lots in Schroeder Subdivision (collectively, "the Subject Parcels" in the plural or "a Subject Parcel" in the singular) by future owners; and WHEREAS, Declarants will provide for such orderly use and enjoyment of the Subject Parcels by future owners by establishing the reciprocal easements and other mutual rights, responsibilities and privileges set forth herein, which shall run with the land and be binding on Declarants' heirs, successors and assigns. 1 NOW, THEREFORE, Declarants state as follows: 1. Access. The owner of a Subject Parcel and such owner's invitees, employees, customers and licensees shall have a non-exclusive right of access through all street approaches, driveways and drive isles located within the Subject Parcels, thereby allowing such persons to walk or drive motor vehicles to and from West Main Street and Industrial Drive and within and through the Subject Parcels. An owner of a Subject Parcel may design and implement reasonable standard street approaches, access routes and drive isles within his Subject Parcel as long as the free flow of traffic is maintained between and among the Subject Parcels and access is maintained to West Main Street and Industrial Drive. 2. Parking. The owner of a Subject Parcel and such owner's invitees, customers and licensees shall have a non-exclusive right to park motor vehicles in any parking spaces or areas within the Subject Parcels. An owner of a Subject Parcel may design and configure reasonable, standard parking spaces, loading zones, islands and landscaping within his Subject Parcel. An owner may reserve spaces on his parcel for specific persons or classes of persons, not to exceed ten percent (10%) of the total number of spaces on his parcel. Nothing in this Paragraph 2 will be construed to allow parking of abandoned, disabled or unlicensed vehicles; and an owner of a Subject Parcel may cause such vehicles to be removed pursuant to city ordinances. 3. Building Expansion. Nothing herein shall be construed to preclude an owner of a Subject Parcel from expanding a building located on his parcel, or constructing a new building as long as the number 2 of parking spaces on his parcel following expansion or construction meets city code requirements. 4. Utilities. The owner of a Subject Parcel shall have the right to maintain existing service lines for water, sewer, electric, gas, telephone, and any other utility (not to include storm water facilities specifically addressed in the following paragraph) serving his parcel located on other Subject Parcels, and shall have the right to install and maintain new utility service lines over, under and across the other Subject Parcels; provided, however, that the placement of such lines shall not disrupt, interfere with or damage any other utility lines on the Subject Parcels and such lines shall be located at least thirty (30) feet away from any building unless it is necessary to do so from an engineering standpoint. The owner installing or maintaining the lines shall restore the surface of the other Subject Parcels to the condition existing prior to the installation or maintenance. An owner planning to install utility lines on another Subject Parcel will provide written notice to the other owner(s) at least ten (10) days prior to commencement of work on the other parcel(s), which notice shall include the location of the planned installation. 5. Storm Water. All existing and future storm water systems located within the Subject Parcels shall be jointly maintained and constructed as needed by the owners of the Subject Parcels. Regardless of the location of the maintenance or construction, each owner of a Subject Parcel shall allow access to his Subject Parcel for such purposes; and shall contribute to the overall cost based on how the area within his parcel compares to the overall area comprising all the Subject Parcels. 3 6. Enforcement. The rights and privileges contained in this Declaration shall be enforceable in equity or by recovery of damages at law, and the prevailing parties in any such actions shall be entitled to recovery of costs and expenses, including reasonable attorneys' fees. 7. General. This Declaration shall be binding upon and shall inure to the benefit of the heirs, successors and assigns of Declarants and all future owners of the Subject Parcels. This Declaration may be amended only by unanimous written consent of the owners of the Subject Parcels filed of record. Gt~d:44U'd't'~ Cathy S. Sc oeder STATE OF MISSOURI ) ) ss. COUNTY OF COLE ) On this zr, D day of A ".1 u sr ' 2017' before me personally appeared James L. Schroeder and Cathy S. Schroeder, husband and wife, to me known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in c 0 re Co-aR-ry ' M 0 the day and year first above written. GREGORY DORGE Notary Public· Notary Seal STATE OF MISSOURI ColeCountv Commission# 15207069 My Commission Expires: 8/20/2019 My commission expires: A"S"'' zo, Zo'' 4 (Revised) PL~GSTAFFREPORT JEFFERSON CITY PL~G AND ZONING COMMISSION August 10,2017 Case No. P17017-2713 W Main Street. Final Subdivision Plat of Schroeder Subdivision. Request filed by James and Cathy Schroeder for a Final Subdivision Plat of 2.27 acres into three lots. The property is zoned M-2 General Industrial. The purpose of the subdivision is to divide the three buildings on the property so that each building exists on a separate lot. (Central Missouri Professional Services, Consultant) Description of Proposal This proposal involves the division of a developed property, which currently has three industrial style buildings located on it, into three separate tracts with one building on each tract. The buildings are addressed as 2713 W. Main Street, 2706 Industrial Drive, and 2708 Industrial Drive. The property was originally developed in the 1960's and 1970's. An administrative parcel division of the property was approved in 20 13. This parcel division envisioned the transfer of one of the buildings (2706 Industrial Drive, identified as "Tract A" on the Subdivision Plat) to the neighboring property owner, however, the transfer never took place. As shown on the parcel division, the building does not have street frontage (due to its intended transfer to the neighboring property, which does have street frontage). Final Plat The Final Subdivision Plat details the lot layout of the subdivision as well as other notable survey information. Acreage: The total size of the subdivision is 2.27 acres. Number of Lots: 3 lots are shown on the subdivision plat. Lot Sizes: Lot sizes range in size from 0.2 acres to 1.02 acres. Streets: No streets are created with this subdivision plat. Sidewalks: Requirement to construct sidewalks on W. Main Street and Industrial Drive is triggered by the subdivision plat. The property owner has submitted a request for deferral of the sidewalk construction requirement which will be administratively processed by city staff. Utilities and Vehicle Access: Utilities for the three buildings are existing. A cross access and utility easement is planned to be put in place to ensure that each building has the ability to maintain existing utilities and install new utilities if necessary. A draft version of the reciprocal easement and obligations document has been received and reviewed by staff. Staff Recommendation Staff recommend approval of the Final Subdivision Plat. The subdivision meets the requirements of the Subdivision Code and the Zoning Code. Reciprocal easements are being put in place to ensure that each lot has proper vehicle access and utility access. Responsibilities for maintenance of stormwater lines is also outlined within the reciprocal easement document. Form of Motion Motion for approval of the Final Subdivision Plat of Schroeder Subdivision with the following conditions: 1. Compliance with the comments and technical corrections of city staff. 2. Submittal of a signed final plat and signed reciprocal easement document prior to introduction to City Council. Jefferson City Planning & Zoning Commission Meeting Engineering Division Staff Report-REVISED Thursday, August 10,2017, 5:15pm Item 6. -Other New Business Case No. P17017-MINOR Subdivision Plat, Schroeder Subdivision, 2713 West Main Street (M-2) ENGINEERING STAFF RECOMMENDATION-Engineering Staff recommends APPROVAL ofthe subdivision plat, subject to revision of remaining minor technical edits prior to introduction to the City Council for consideration. Existing Infrastructure/ Site Improvements • Existing infrastructure serves the development. -Sanitary sewer exists on the south side of the property, north of the railroad tracks. Sanitary sewer exists also on the north side of West Main Street, across the street from the proposed subdivision. No public improvements are proposed for the project. -Each lot proposed has an existing structure on the lot. No undeveloped lots are proposed. Plat Technical Comments- e A sanitary sewer easement is proposed for the existing sanitary sewer main shown on the southern portion of the subdivision. • Tract A from the previous lot division is included with this subdivision, since it was not transferred to the adjacent property owner to the east as indicated by the survey of record, and is still part of the subject property. • The sanitary sewer/ sewer easement on the north side of West Main Street is a possible future location for connection to the City sewer system for proposed Lot B-2, if the existing private service ever fails and would need to be replaced elsewhere. • A separate private agreement for access, parking, ingress/ egress, utilities, stonn water drainage, etc. has been proposed for the subdivision lots, in conjunction with the plat. • A few minor, technical edits remain to be revised for the proposed plat.