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:
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SCHROEDER SUBDMSION (MINOR)
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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
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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.