The URL can be used to link to this page

Home My Public Portal AboutORD15750BILL NO. 2017-93 SPONSORED BY Councilman Graham ORDINANCE NO. /5%5() AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING, AMENDING, AND MODIFYING THE ZONING MAP OF THE ZONING CODE OF THE CITY OF JEFFERSON, BY REZONING 1,120 SQUARE FEET OF LAND ADDRESSED AS 1707 STADIUM BOULEVARD FROM RS -4 SINGLE FAMILY RESIDENTIAL TO C- O OFFICE COMMERCIAL. WHEREAS, It appears that the procedures set forth in the zoning code relating to zoning have in all matters been complied with. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The following described real estate is rezoned from RS -4 Single Family Residential to C -O Office Commercial: Part of Lot 20, Swift and Thompson's Subdivision, in the City of Jefferson, Missouri, per plat of record in Plat Book 1, Page 9, Cole County, Missouri, being more particularly described as follows: From the northwest corner of Lot 7 of Block 2, Schmidt's Subdivision, as recorded in Plat Book 5, Page 45, Cole County Recorder's Office; thence N87040'00"W, along the southerly right-of-way line of Stadium Boulevard, 210.00 feet to the northeasterly corner of the property described in Book 392, Page 199, Cole County Recorder's Office; thence S2035'30"W, along the easterly line of said property described in Book 392, Page 199, 73.55 feet to the POINT OF BEGINNING for this description; thence S2°35'30"W, continuing along the easterly line of said property described in Book 392, Page 199, 21.27 feet to a point on the City of Jefferson's Zoning Line between Zone RS -4 and Zone CO; thence along said Zoning Line the following courses: N87°34'19"W, 35.49 feet; thence N24°06'09"W, 13.37 feet; thence N87°23'38"W, 27.85 feet to a point on the westerly boundary of said property described in Book 392, Page 199; thence N2033'59"E, along the westerly boundary of said property described in Book 392, Page 199, 9.79 feet; thence leaving said Zoning Line, S87°05'59"E, 69.37 feet to the point of beginning. Containing 1,120 square feet, more or less. Section 2. This ordinance shall be in full force and effect from and after its passage and approval. Passed: -b Q2 . ( g, 0,n^ Presiding Officer ATTIE ST: i y Clerk , Appr ved: ::E�� - I Mayor Carrie Tergin APPROVED AS TO FORM: City��elor EXCERPT OF UN-APPROVED MINUTES JEFFERSON CITY PLANNING AND ZONING COMMISSION November 9, 2017 5:15 p.m. COMMISSION MEMBERS PRESENT ATTENDANCE RECORD Bunnie Trickey Cotten 3 of 4 Jack Deeken 3 of 4 Dean Dutoi 2 of 4 Bob George 3 of 4 Chris Jordan, Chairman 4 of 4 Michael Lester 3 of 4 Dale Vaughan 4 of 4 Matthew Hall, Alternate 2 of 4 Michelle Mahoney, Alternate 4 of 4 Blake Markus, Alternate 4 of 4 COMMISSION MEMBERS ABSENT David Nunn 2 of 4 Chris Yarnell, Vice Chairman 2 of 4 COUNCIL LIAISON ABSENT Carlos Graham, Council Liaison STAFF PRESENT Sonny Sanders, Director of Planning & Protective Services Eric Barron, Senior Planner Bryan Wolford, Associate City Counselor Jayme Abbott, Neighborhood Services Manager Anne Stratman, Administrative Assistant 1. Call to Order and Introduction of Members, Ex-officio Members and Staff The Chairman, six regular members and all alternates were present. A quorum was present. Designation of Voting Alternates The Chairman announced that all regular members and alternates Mr. Markus and Mr. Hall were eligible to vote. 2. Procedural Matters and Procedures Explained Mr. Barron explained the procedures for the meeting. The following documents were entered as exhibits. Mr. Rotenberry advised that copies of the exhibits are available through the City Clerk or the Department of Planning and Protective Services: The City Code of the City of Jefferson, as amended Comprehensive Plan and Land Use Map Copies of applications under consideration A list of property owners to whom notices were sent Affidavit of publication of the public notice in the newspaper Rules of Procedure, Planning & Zoning Commission Mr. Barron submitted the following items for the record: Staff reports Minutes of proceedings Copies of drawings, plans, and/or renderings under consideration Letters or memoranda from staff Materials submitted by the public or applicants pertaining to the cases under consideration Excerpt of Un-Approved Jefferson City Planning & Zoning Commission Page 2 November 9, 2017 3. Adoption of Agenda Ms. Cotten moved and Mr. Lester seconded to adopt the agenda as printed. The motion passed 8-0 with the following votes: Aye: Cotten, Deeken, Dutoi, George, Hall, Lester, Markus, Vaughan 4. Approval of Minutes of the Regular Meeting of October 12, 2017 Mr. George moved and Ms. Cotten seconded to approve the minutes of the Regular Meeting of October 12, 2017 as written. The motion passed 8-0 with the following votes: Aye: Cotten, Deeken, Dutoi, George, Hall, Lester, Markus, Vaughan 5. Communications Received Correspondence was received for Case No. P12022. 6. New Business Case No. P17021 – 1707 Stadium Drive, Rezoning from RS-4 to C-O and Comprehensive Plan Amendment. Request filed by Bert A. and Jane M. Doerhoff, property owners, for a rezoning of 1,120 sf from RS-4 Single Family Residential to C-O Office Commercial and an associated amendment to the Development Plan Map of the Comprehensive Plan. The property is located on the south side of Stadium Boulevard 145 feet east of the intersection of Stadium Drive and Southwest Boulevard and is described as Part of Lot 20 of Swift and Thompson Subdivision, Jefferson City, Missouri (Central Missouri Professional Services, consultant). Mr. Barron described the proposal and explained that this rezoning and comprehensive plan amendment request is for a portion of a tract of land that consists of 1,120 sf and is currently utilized as a single family residential lot. He stated that the rear of the property is zoned C-O Office Commercial and the front of the property is zoned RS-4 Single Family Residential. Mr. Barron explained that the purpose for the request is to facilitate the construction of a commercial parking lot at the rear of the property and continue to utilize the existing home on the property as a single family residence. He stated that the commercial zoning at the rear of the property would allow for a commercial parking lot, which would serve the existing office building located on the corner of Southwest Boulevard and Stadium Boulevard. Mr. Barron explained that the property would be divided via administrative parcel division along the zoning line, with the rear of the property being attached to the adjacent office property and the single family residential home located on its own lot. He stated that the applicants are simultaneously filing several driveway and setback variance requests to the Board of Adjustment. Mr. Mike Bates, Central Missouri Professional Services, 2500 E McCarty Street, spoke regarding this request. Mr. Bates distributed visuals depicting the area to be rezoned and the proposed parking lot layout. He explained that the proposed parking lot would have to meet City requirements in regards to landscaping, buffering, stormwater, etc., as we get into the administrative process and submit final plans. Mr. Bates stated that the visual shows that the proposed parking lot is practical. No one spoke in opposition to this request and no correspondence was received. Mr. Barron gave the Planning Division staff report. Ms. Cotten moved and Mr. Dutoi seconded to approve the comprehensive plan amendment request to show the 1,120 square foot property as Commercial on the Development Plan Map of the Comprehensive Plan. The motion passed 8-0 with the following votes: Aye: Cotten, Deeken, Dutoi, George, Hall, Lester, Markus, Vaughan Ms. Cotten moved and Mr. Dutoi seconded to recommend approval of the request to rezone 1,120 square feet of the property from RS-4 to C-O to the City Council. The motion passed 8-0 with the following votes: Aye: Cotten, Deeken, Dutoi, George, Hall, Lester, Markus, Vaughan City of Jefferson Planning & Zoning Commission LOCATION MAP Area Proposed for Rezoning from RS-4 to C-0 (1 , 120 Sq Ft) 0 20 40 80 Fe et Case No. P17021--=:J-=:11--1301 Southwest Boulevard Rezoning from RS-4 Single Family Residenti al to C-O Office Commercial and Comprehensive Plan Amendment C ity of Jefferson Plann i ng & Zoning Commission V ICIN IT Y -4~L _J J ) -S f'VtAP-bliWQOg CT ~ I I I tiSWIF:r.S~AW¥ LL '---J-,--' r- ~SWIF:f.S -HWY-I I -..... ~~ ~ ;....--u c a; -lXI 'I I+ STADIU M=BGV:D==fa -&u~-~ ~ !I: t-- I+ ~ => 0> ~ en 1----J /\ l I ~ nmQMrLI~ I I L _j~ [] y (~ -=--~ 0 '---7 .~ 1l a:. r--w I I I tt -~-r--.~ ,, ~ '-----en '--,<t r--I 0 U/ 8 0:: 1--- c:o t---r---iw ~~~~-=- r-- -~~8~ /)} -.__ ....., I ~\ Cas e N o . P17021 -0 130 260 520 Feet 130 1 Southwest Bou leva rd Rezo ning a n d Com p . P lan Am e ndment City of Jefferson Department of Planning & Protective Services 320 E. McCarty Street Jefferson City, MO 65101 Phone: 573-634-6410 jcplannlnq@jeffcitvmo.om wwwJeffersonc/tymo.gov APPLICATION FOR ZONING AMENDMENT The undersigned hereby petitions the Planning and Zoning Commission and City Council of the City of Jefferson, Missouri, for the following amendment to the Zoning Code: 0 Zoning Text Amendment (Describe below or attach complete narrative) ArticleandSe~ion~~ed (Wapplicable)~~~~~~~~~~~~~~~~~~~~~~~~ 0 Zoning Map Amendment (Rezoning of Real Estate) The undersigned hereby state they are the owners of the following described real estate: Property Address: 1707 Stadium Blvd Legal/Property Description (write out or attach as an exhibit): Part of Lot 20 of Swift & Thompsons Subdivision Who petition to rezone the above described real estate from its present classification of RS-4 district to C-O district. The purpose of this rezoning request is to: allow consistency of the remaining property and allow construction of a commercial driveway to access the rear of the property. Property ovJner #1 Name (type or print) Properly Owner Signafu(i Properly Owner Signature day of ~ in the year C). 0 n ~-B_.A.~~ Notary Pli'f)Jic Address of ProR_erty Owner #1 Name Bert Doerhoff Mailing Address PO Box 6, St. Elizabeth, MO 65075 Phone Number 573-634-4006 Address of Property Owner #2 Name Jane Doerhoff .. _ .. MailinQ Address PO Box 6, St. Elizabeth. MO 65075 Phone Number For City Use Only: Application Filing Fee $210 (Revised June 30, 2015) Payment Received: ~-Cash (Receipt# ); ~-Check (Copy; check#~~---,----' Attachments: _Additional sheets or documentation _Applicant/Project Information Sheet _Location Map 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. STADIUM BLVD. R/W VARI ES !!!!!ai!i!llll!!.iiill!s3iii3iia - --:a:~r==~~~Z=ON=E~D~R~S~2~~ Z ONE~D CO __ 2 1o.oo · ZONED RS -4 N87"4o 'oo "w BERT & JAN E DOERHO FF, TRUSTEES B-39 2 , P-199 -1--x---f\ NW CORN ER 0 r. BERT A. DOERHOF F LIVING TRU ST B-636 , P-1 03 ~ l C\2 • w r---------------1 I l I ~;....: ·?Q ~?Q "h C0 1 I lrJO ';'1 f::! 1 I IJ) I") ~ ~~ EX ISTING 'S ..-) Ln Cl 0 z l I I HOUSE I z ,.... ':'1 J:":z:.l r' Cl:l ' 'o fi!Z "-o.J 0:::' I I 0 1 oN N ~ ~L---------------~ ~ ~ N .w N S87'05 '59"E ~PO B ~ m 6 / REZONING REQ UEST "h ,.... 9.37 ':'1 <» -27.85 ' ZONED RS -4 -~ I ZONED cJJ N87"23'3a "w '-...--N2i·g t$9"w ~ .~ 2-- -----1-'r-'\__ 35.49 ' Di .o : N87"3 4 '1 9 "W I 8 l g LAW OFFICE OF l 2 TOD D MI LL ER, LLC ~ B-611, P-494 I I s 15' SAN SEWER ES MT~ "-8 -349, P-430 j 0 I I I ~ i I I cr 1 -0 :'-J ZONED CO BERT & JANE DOER HO FF, TR USTEES B-392, P-1 99 CK J PROP ERTIES, LLC B-6 61, P-12 1 ZONED RS -2 I ~LOT 7, BLOC K 2 l SCHM lST'S SUBD . l PB-5, P-45 I ,_.,.- './) ''''''''l""'"''''' a Central Missouri Professional Services, Inc. g ~ ........ :\t.. o ~ Mtssa'',,, :-2 ~""r~'t:r:-~b= ~"'~ ENGINEERING -SURVEYING -MATERIALS TESTING 0 ~ -J --..._ Y" ~ 1 ~ LS,.2-5£4 ~ 2 500 E. McCARTY Ph one (573 ) 634 -3455 ~~I J .~~) ~~------J_E_F_F_E_R_so_N_c_I_IT_._M_ffi_s_o_u_R_I _a_5_1_o_l ___ ~_x _(_~_3_)_~_4_-a_a_9a~ 2 ~~ROC. ELL,Ji TTTl£ REZONING AREA J \~~~ ~~~ ~ .,.,,,,;,7f!:.~ .............. ~ PART OF 1707 STADIUM BOULEVARD '1 '~1 iiu'''' FOR ~Brion Ro~ell~ MO . PLS #2524 BERT & JANE DOERHOFF / CEt{(~k MISSOURI ~-------------.,....----------------1 ~ PROFf€S)ONAL SERVICES DATE 10 /04/2017 DRN . BY J.B.R. SCALE 1" = 30' ~ MISSOU ~Sl'ATE CERTIFICATE / # REV. 1 1 o.. OF AUTHORITY 000355 DATE CKD. BY PPK , GO SHEET OF BOOK DC JOB NO. 82-096 REVIEW CRITERIA FOR ZONING AMENDMENT 1701 Stadium Blvd. Jefferson City, MO 65101 CMPS JOB# 82-096 10/2/17 a) The existing zoning was in error at the time of adoption. There was no error at the time of adoption. The original zoning for this property was RS-2 and the north portion was subsequently rezoned to RS-4 and the south portion was previously rezoned to the C-0 zoning district. b) There has been a change in character in the area due to installation of public utilities, other zone changes, new growth trends, neighborhood deterioration, or development transitions. A portion of the south half of the property was rezoned previously in pursuit of a previous development plan. This rezoning would allow for a modification of the current development plan. c) There is a community need for the proposed zoning. The City would benefit by allowing the proposed development which allows a small business on a congested site the ability to expand services for the community and facilities for employees. d) The proposed change is consistent with, and in furtherance of, the implementation of the goals and policies of the Comprehensive Plan, other adopted plans, and policies, intents, and requirements of this Ordinance and other City regulations and guideline. The change would be reflected in an update of the comprehensive plan that would provide consistency with all plans. e) The proposed zoning is compatible with the zoning and use of property nearby. Residential developments exist to the north and east; commercial developments exist to the south and west. The zoning would be consistent with the commercial properties and will be buffered in accordance with existing City ordinances. f) Public and community facilities, which may include, but are not limited to, sanitary and storm sewers, water, electrical service, police and fire protection, schools, parks and recreation facilities, roads, libraries, and solid waste collection and disposal, are available and adequate to serve uses authorized under the proposes zontng. All public facilities and utilities are available in the area. g) A traffic impact analysis has been provided to indicate the potential number of new trips generated and provisions are provided to mitigate impacts of high traffic-generating projects. There is no requirement for a site specific traffic impact study. h) Authorized uses shall not adversely affect the capacity or safety of the street network in the vicinity of the property. The area of rezoning would not affect the capacity of the surrounding street network. i) Potential environmental impacts (e.g. excessive storm water runoff, water pollution, air pollution, noise pollution, excessive lighting, or other environmental harms) of authorized uses shall be mitigated. There are no anticipated environmental impacts from the rezoning and any impacts would be addressed through the plan review process. It is anticipated that the plan will accommodate stormwater runoff, pollution, etc. j) There is adequate supply of land available in the subject area and the surrounding community to accommodate the zoning and community needs. A Board of Adjustment Application has been submitted with this plan to allow for a lot size variance for a single family home that is located on the north half of this property. The approval of the variance will allow for the development plan to progress as required k) Benefits shall be derived by the community or area proposed to be rezoned. The City will benefit from the development of the land to compliment the commercial area along Southwest Blvd. and Stadium Blvd by allowing a small business on a congested site the ability to expand services for the community and facilities for employees. City of Jefferson Department of Planning & Protective Services 320 E. McCarty Street Jefferson City, MO 65101 Phone: 573-634-6410 icplanninq@ieffcitymo.ora wwwjeffersoncitymo.gov APPLICATION FOR AMENDMENTS TO THE COMPREHENSIVE PLAN The undersigned hereby petitions the Planning and Zoning Commission and City Council of the City of Jefferson. Missouri, for the following amendment(s) to the City's Comprehensive Land Use Plan or Development Plan Map. 0Text Amendment 0 Map Amendment Current Development Plan Map Designation _M_ed_iu_m_o_en_s...;.ity_R_es_id_en_tia_l ________ _ Proposed Development Plan Map Designation _c_om_m_e_rc_lal ___________ _ Applications for Map amendments shall include a location map and level of detail required for site plan review as outlined in Exhibit 35-71. All applications shall attach a narrative which addresses the following criteria, as outlined in Section 35-74.A.4, Jefferson City Zoning Code. a. Whether there was error in the original Comprehensive Plan adoption in that the Planning and Zoning Commission failed to take into account then existing facts, projections or trends that were reasonably foreseeable to exist in the future. b. Whether events subsequent to the Comprehensive Plan adoption have invalidated the Commission=s original premises and findings made upon plan adoption. c. Whether the change is consistent with the goals, objectives and policies of the Plan. d. Whether events subsequent to the Comprehensive Plan adoption have changed the character and/or condition of the area so as to make the application acceptable. e. Whether the change is needed to improve consistency between the Comprehensive Plan and other adopted plans. f. Whether public and community facilities, such as utilities, sanitary and storm sewers, water, police and fire protection. schools, parks and recreational facilities, roads, libraries, solid waste collection and disposal, and others are adequate to serve development for the type and scope suggested by the proposed zone. If utilities are not available, whether they can be extended reasonably. g. Whether there is an adequate supply of land available in the subject area and the surrounding community to accommodate the zoning and community needs. h. Whether there will benefits derived by the community or area by the proposed change. Amendment Requested by: @)Property Owner Ostaff Commission BcrtDocrhoff Name (typed or printed) PropertyOwnerName _e_ert_A_.o_ae_m_o«_&_Ja_n_oM_._oo_om_o_n _______________________________________________________________________ ___ Address 1301 Southwest Blvd. Jefferson City, 65109 Phone Number(s):_s_7J_.s_J4_-4_o_os ___ ....,....... __________________________________ _ Applicant Name (if different from owner): Address: ________________________________________________________________________ ___ Phone Number(s) -------------------------------- • ¥* &Ari23¥'?1fi+Effi11 a~esai 2 & W* =H£-&W&rz:t·*!¥-~?· n·S ee --·+._ .. t For City Use Only: Application Filing Fee $210 (Revised June 30, 2015) Application Filing Fee Received: Cash (receipt#_) Check (copy; check# _____ _, Attachments: __ Narrative ______ Map __ ApplicanUProject Information Sheet 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. REVIEW CRITERIA COMPREHENSIVE PLAN AMENDMENT 1301 Southwest Blvd./1707 Stadium Blvd. Jefferson City, MO 65101 CMPS JOB # 82-096 10/2/17 a. Whether there was an error in the original Comprehensive Plan adoption in the Planning and Zoning Commission failed to take into account then existing facts, projections, or trends that were reasonably foreseeable to exist in the future. There was no error at the time of adoption. The Comprehensive Plan amendment would be consistent with the proposed zoning amendment. b. Whether events subsequent to the Comprehensive Plan adoption have invalidated the Commission's original premises and findings made upon plan adoption Subsequent events to the Comprehensive Plan Adoption have not invalidated the Commission 's original premise and findings. c. Whether the change is consistent with the goals, objectives and policies of the Plan. The change will be consistent with the goals, objectives and policies of the development plans and align with the intent of the zoning amendment. d. Whether events subsequent to the Comprehensive Plan adoption have changed the character and/or condition of the area so as to make the application acceptable Areas along Southwest Blvd and Stadium Blvd have seen an increase in commercial development intermingled with residential developments. This proposal would do little to affect the residential area. The area was previously rezoned to a commercial district, this proposed comprehensive plan amendment would be consistent with the zoning district. e. Whether the change is needed to improve consistency between the Comprehensive Plan and other adopted plans. The comprehensive plan amendment would be consistent with the proposed zoning amendment. The change would be incorporated into the next comprehensive plan. f. Whether public and community facilities, such as utilities, sanitary and storm sewers, water, police and fire protection, schools, parks and recreational facilities, roads, libraries, solid waste collection and disposal ,and others are adequate to serve development for the type and scope suggested by the proposed zone. If utilities are not available, whether they can be extended reasonably. All public facilities and utilities are available in the area. g. Whether there is adequate supply of land available in the subject area and the surrounding community to accommodate the zoning and community needs. A Board of Adjustment Application has been submitted with this plan to allow for a lot size variance for a single family home that is located on the north half of this property. The variance would allow for this amendment to occur. h. Whether there will be benefits derived by the community or area by the proposed zone. The City will benefit from the development of the land to compliment the commercial area along Southwest Blvd. and Stadium Blvd. COle county lany D. Rademan, Recorder of Deeds RECORDED Book: 636 Page: 103 rc:a.g~ 1 u. Receipt ft: 271057 Total Fees: $27.00 Reception:201310325 ~~ IA,A Pages Recorded: 2 Deputy: ~\. ..... Grantors' Address: Grantees' Address: Date Recorded: 8/28/2013 9:59:15 AM 6~j.~r~ e?s[A~ '~'"0t!n JEI .clSU ,.. ~~~ WARRANT¥ DEED P.O. Box 6, St. Elizabeth, Missouri 65075 P.O. Box 6, St. Elizabeth, Missouri 65075. This Indenture, made on August 26, 2013, by and between Bert A. Doerhoff and Jane M. Doerhoff, husband and wife, of P.O. Box 6, St. Elizabeth, Missowi 65075, Grantors, and the BertA. DoerhoffLivingTrust dated October 21, 1989, P.O. Box 6, St. Elizabeth, Missouri 65075, Grantee: WITNESSETH, That the said Grantors, for estate planning purposes and without other consideration, do by these presents GRANT, BARGAIN, CONVEY AND CONFIRM unto the said Grantee, its successors and assigns, the following described lots, tracts or parcels of land lying, being and situated in the County of Cole, State of Missouri, to-wit: P~ of Lot No. 20, Swift and Thompson Subdivision, in the City of Jefferson, Missouri, per plat of record in Plat Book l, Page 9, Cole County Recorders Office, more particularly described as follows: Beginning 5 feet southerly from the northwesterly comer of said Lot No. 20; thence southerly along the westerly line thereof, 95 feet; thence easterly parallel with the northerly line thereof, 142 feet; thence northerly parallel with the westerly line thereof, 95 feet; thence westerly parallel with the northerly line of aforesaid lot, 142 feet to the beginning point of this description. Subject to easement for road right-of-way of record in Book 275, Page 220, Cole County Recorders Office; Subject to deeds of trust and easements, if any, and to any declarations, covenants, restrictions, reservations, rights, roadways, options, liens, encumbrances or transfers that may have attached, been created or made subsequent to Grantors' acquisition of title; TO HAVE AND TO HOLD the premises aforesaid, with all and singular the rights, privileges, appurtenances and immunities thereto belonging or in anywise appertaining, unto the said Grantee and unto its successors and assigns FOREVER, the said Grantors hereby covenanting that they are lawfully seized of an indefeasible estate in fee in the premises herein conveyed; that p://mo83 6.cichosting.com/rap/viewimage.aspx?id=00006360000 1 03 9/25/20 ·~ . .. I ' ~ they have good right to convey the same; that the said premises are free and clear of any encumbrances done or suffered by them or those under whom they claim and that they will warrant and defend the title to said premises unto the said Grantee, and unto its successors and assigns FOREVER, against the lawful claims and demands of all persons whomsoever. IN WITNESS WHEREOF, the said Grantors have hereunto set their hands and seals the day and year first above written. STATE OF MISSOURI COUNTY OF BOONE J J ss. ] On August 26, 2013, before me personally appeared Bert A. Doerhoff and Jane M. Doerhoff, his wife, to me known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as its free and voluntary act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal on the day and year last above written. SHERRILL L BARTON NotarY Public· Nota~ Seal STATE OF MISSOURI Boone CountY_ MyCommisston ExpiT8s: Feb. 21, 2015 Commission# 11508567 > ~cfj_~ Sherrill L. Barton, Notary Public -2- p://mo836.cichosting.com/rap/viewimage.aspx?id=000063 60000103 Yage L. o: 9/25/20 I i· I TRUSTEE'S SPECIAL \VARRANTY DEED THIS INDENTURE, made on the t/-day of December, 1997, by and between George E. Schllen, Trustee under the George E. Schllen Trust created by George E. schUen under Agreement dated Junes, 1986, as "Orantor•· and Bert A. oo·erhoff and Jane M. Doerhoff, Trustees of the Bert A. Doerhoff Living Sf.u(! d~. ted tober 21, 1989, as "Oranteesh, whose mailing address Is P.o. ~o )( la 1 • Ia , dafFeFSaA ~W. MO iS*; ~~G WITNESSETH: THAT GRANTOR, In consideration of the sum of Ten Dollars <S10.00) and other good and valuable consideration, to orantor pald bY orantees <the receipt of which is hereby acknowledged) does by these presents SELL·and CONVEY unto Grantees, and Grantees' heirs and assigns, the foUowing described tots, tracts or parcels of land, lying, being and situate in the countv of Cole and state of MlssourJ, to wit: Part ·of. Lot No. 20, SWifts· and Thompson's ~ubdlvlsJon, 111 the City of Jefferson, M{ssourl, per plat of record in Plat Book 1, Page 9, cole county Recorder·s·Qffic~~ and more.particularlv describe.d as follows: aeg,nritrig ·at a pohit .wtlich .Is s feet south ··of the North nne and 21 o feet .west of the East' nne· of said l.ot No. 20; thence south 225.66 feet, more or·:le5s, to a.pqjnt.on the.northerlv.li'ne of a tract cQnveyed to·Lee w. Neutzler and. wife, by:Warranty. o.eed of. record in ~ook·163, Page 167, Cole county Record~r.~·o~.c.r;!, an·t:f whJ.~I1 is·:~':So 210.4 feet west of the East nne of said Lot No. 20; theiice·West'parallel With the North line of.sald Lot, 61.3 feet; thence North·131~63.:feet·to the southeast corner of a tract conveyed to John R. TagQ.~rt·~~d .. \Y~fe,.~~X~iW.~f~a~tV.oeed of ·record In Book 139, Page 22~, cole co.unty:Recorder's Offlce;:·thence west parallel with the North line of said Lot, 8. feet; thence Nort."i parallel Witll .the West line of said Lot, 95 feet, more or less~ to a point which Iss feet south of the North nne of said LotJ and 279.4 feet West of the East line of said Lot; thence East 69.4 feet to the polnt of beginning. $ubj~tt to aiiv r.ecord~d re$trictions,. ~asements, ·party wall agreements and community contracts, tp any.~xistlngJeases, tetiailCif!S ·and zoning laws, to .easements or claims Of easeinen~i-riot~hQ~~ l?v th'e.-pubtic recqrds, ln.ctl:Jdtng.butnot limited to ~H. rights acquire~ by any P4~Jic· or private utilities in the stree~ prior to the vatat1Qt) thereof and utmtv eas~n:u~n~·of ~h~·Citv or Jefferson, MJssourr, In the vacated streets··above described, to any defects. encroachments, overlaps, boundary line dfsputes, acreage and anv other matters which ·'{llouid be disclosed bY an accurate survey or Jnspectlon of the above described propert:V·.and to the lien of taxes and assessments, general and special, for 1997 and · subsequent vears. orantar·s liabiliW under this Deed wlth respect to anv covenants or warranties Is specifically limited th the assets of th~ trust estate held by Grantor as Trustee under the aforesaid "Trust created by.oeorge E. Schilen under Agreement dated.June s, 1986. This Deed ls executed purSUant to the powers of the aforesaid Trust, which remains In full force and effect as of the date of this Deed. TO HAVE AND TO HOLD the premises aforesaid, with all and singular the rights, privileges, appurtenances and immunities thereto belonging or In anywise appertaining unto Grantees and unto Grantees· heirs and assigns forever; orantor covenanting that the p://mo836.cichosting.com/rap/viewimage.aspx?id=00003 920000199 rage 1 o. 9/25/20 / , . -· .... ..... fl:lt.''·.*·· -.. ., -.. · said premises are free and clear from any encumbrance done or suffered by Grantor; and that Grantor will warrant and defend the title to said premises unto Grantees and unto Grantees' heirs and assigns forever against the lawful c1a1rr1s and demands of au persons claiming under orantor. ( . ~d4LTr4~ -oeoru. SChllen, Truste~ J STATE OF MISSOURI 1 ) ss. COUNTY OF COLE l on tills_±_ day of December, 1997, before me appeared George E. SChllen, to me known to be the person described In and who executed the foregoing Instrument In hls capacity as Trustee under the Trust created by George e. schllen under Agreement dated Junes, 1986, and acknowledged that he executed the same as his free act and deed as such Trustee. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my notarfal seal at mv office In Jefferson City, Missouri the day and year last above wr· ·en MY commission expires: --=====~-=-=:-;-;;~~~~ TARA LYNN HOSKINS Notary Pub\\o .. Notary Seat STATE OF MlSSOUR1 county of Cote My Commlsa\on E)(ptres 11/4/98 STATE Of MISSOURI COUNTY OF COLE RECORDED ON '97 DEC ~ Prl 1 ~1 BOOK ~q~ PAGE 11'/ LARRY D. RADEMA~I RECORDER ~ ~~ .f,g,; 7*L ec f'l Debra Nas" Doput\· p://mo83 6.cichosting.com/rap/viewimage.aspx?id=00003 920000199 .t'age L. o: 9/25/20 City of Jefferson Department of Planning & Protective Services 320 E. McCarty St. Jefferson City, MO 65101 October 26, 2017 Dear Property Owner: Carrie Tergin, Mayor Sonny Sanders, AICP, Director Phone: 573-634-6410 Fax: 573-634-6457 Th is letter is to notify you that the Jefferson City Planning and Zoning Commission will meet at 5:15 p.m . on Thursday, November 9, 2017 in the Council Chambers of the John G . Christy Mun icipal Bu il ding , 320 East McCarty Street, to consider the following matter (see map on back): Case No. P17021 -1707 Stadium Drive , Rezoning from RS-4 to C-0 and Comprehensive Plan Amendment. Request filed by Bert A. and Jane M. Doerhoff, property owners, for a re zoning of 1,120 sf from RS-4 Single Fam il y Residential to C-0 Office Commercial and an associated amendment to the Development Plan Map of the Comprehensive Plan . The property is located on the south side of Stadium Boulevard 145 feet east of the intersection of Stadium Drive and Southwest Boulevard and is described as Part of Lot 20 of Swift and Thompson Subdivision , Jefferson City, Missouri (Central Missouri Professional Services, consultant). 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-mai l: jcplanning@jeffcitymo.org fa x: Dept. of Plann ing and Protective Services I Planning Div isi on 573-634-6457 mail : Dept. of Pla nning and Protecti ve Services I Planning Divisio n 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 officia l record and copied and distributed to Commission members at the meeting . Those unable to provide written co mments in advance are inv ited to deliver their com ments to the Commission Chairman only at the meeting . Correspondence received after 1:00 p.m. will be included in the official re co rd , but there is no guarantee that copies will be mad e 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 18, 2017. The City Council meets at 6:00p.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 . Sine '"'A--# T ex Rotenberry , AICP Planner Individuals s h ould contact the ADA Coordinator a t (573) 634-6570 to requ est accommodati o n s or a lt erna ti ve fo rma ts as required unde r th e American s with D isabiliti es Act. Please all ow th ree bus iness days to process the requ est. Pl ease ca ll (573) 634 -6410 w ith q u estions r egarding agenda items. Jefferson City Planning & Zoning Commission Property Owners List Page 1 Case No. P17021 1707 Stadium Boulevard November 9, 2017 SCOVILLE, GLENDA S, TRUSTEE 1223 SOUTHWEST BLVD JEFFERSON CITY, MO 65109 1221 SOUTHWEST BLVD 1223 SOUTHWEST BLVD MCGEORGE, ARTHUR W & ELIZABETH J 1025 HUNTERS CT JEFFERSON CITY, MO 65101 1706 STADIUM BLVD PAYNE, CHARLES DAVID 8538 COUNTY ROAD 363 NEW BLOOMFIELD, MO 65063 1704 STADIUM BLVD MD & M J PROPERTIES L L C 2204 RIVERCREST CT JEFFERSON CITY, MO 65101 1702 STADIUM BLVD CARROLL, MARILYN ET'AL RENKOSKI, JANET 5725 HARDWOOD DR DES MOINES, lA 50312-1203 1226 SOUTHWEST BLVD WALL, JAMES D 1222 SOUTHWEST BLVD JEFFERSON CITY, MO 65109 1222 SOUTHWEST BLVD TEUBNER PROPERTIES L L C 1528 FOX MOOR CT JEFFERSON CITY, MO 65109 1801 STADIUM BLVD ROWAN RESOURCES L P 430 VIRGINIA TRL JEFFERSON CITY, MO 65109 1312 SOUTHWEST BLVD CHMIDLING, DAVIDS & SHARON K CZESCHIN 1701 STADIUM BLVD JEFFERSON CITY, MO 65109 1701 STADIUM BLVD KISO, BONNIE ANN & JOHN L 1703 STADIUM BLVD JEFFERSON CITY, MO 65109 1703 STADIUM BLVD C K J PROPERTIES L L C 1739 ELM CT, STE 203 JEFFERSON CITY, MO 65101 1705 STADIUM BLVD MILLER, TODD LAW OFFICE L L C 1305 SOUTHWEST BLVD, S-A JEFFERSON CITY, MO 65109 1305 SOUTHWEST BLVD DOERHOFF, BERT A, TRUSTEES PO BOX 6 ST ELIZABETH, MO 65075 1301 SOUTHWEST BLVD RICHARD WALZ APARTMENTS INC 2013 WILLIAM ST JEFFERSON CITY, MO 65109 1313 SOUTHWEST BLVD J & S HOLDINGS RENTALS L L C 1314 HWY 179 JEFFERSON CITY, MO 65109 1708 THOMPSON ST ANGEL, MARIA E 1706 THOMPSON ST JEFFERSON CITY, MO 65109 1706 THOMPSON ST BACKERS, EDGAR & ANNABELLE J 1704 THOMPSON ST JEFFERSON CITY, MO 65109 1704 THOMPSON ST VOSS, WILLIAM J JR & DENISE L 1702 THOMPSON ST JEFFERSON CITY, MO 65109 1702 THOMPSON ST Case No . P17021-1301 0 0 50 100 200 300 400 Southwest Boulevard -Rezonmg and Comp . Plan Amendment Feet ------ 185 ft. Notification Buffer I I I I I Ill I I I I L ___.___.___ U_L SWIFTS HwY l_ ~ --I I I I ~ STADIUMBLVD ~ ~~~ I I -' -r----I I r------1 I EDGEWOOD DR _/ PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION November 9, 2017 Case No. P17021-1707 Stadium Boulevard, Rezoning and Comprehensive Plan Amendment. Request filed by Bert A. and Jane M. Doerhoff, property owners, for a rezoning of 1,120 sf from RS-4 Single Family Residential to C-0 Office Commercial and an associated amendment to the Development Plan Map of the Comprehensive Plan. The property is located on the south side of Stadium Boulevard 145 feet east of the intersection of Stadium Drive and Southwest Boulevard and is described as Part of Lot 20 of Swift and Thompson Subdivision, Jefferson City, Missouri (Central Missouri Professional Services, consultant). Nature of Request This rezoning and comprehensive plan amendment request is for a portion of a tract of land that consists of 1,120 sf and is currently utilized as a single family residential lot. The rear of the property is zoned as C-0 Office Commercial and the front of the property is RS-4 Single Family Residential. The purpose for the request is to facilitate the construction of a commercial parking lot at the rear of the property and continue to utilize the existing home on the property as a single family residence. The commercial zoning at the rear of the property would allow for a commercial parking lot, which would serve the existing office building located on the comer of Southwest Boulevard and Stadium Boulevard. The property would be divided via administrative parcel division along the zoning line, with the rear of the property being attached to the adjacent office property. The applicants are simultaneously filing several driveway and setback variance requests to the Board of Adjustment. Zoning History Prior to 2009, the property was zoned RS-2 Single Family Residential. The property was rezoned to RS-4 and C-0 in March 2009 in order to facilitate the future division of the property and parking lot construction as is moving forward now. The RS-4 zoning of the front portion of the property allowed the residential lot to meet the minimum lot size (it would not have met the minimum lot size of the RS-2 district). Zoning and Surrounding Land Use Current Zoning: RS-4 Current Use: Single Family Residential R dZ . CO equeste onmg: -I d d U P k' L E nten e se: ar mg ot xpans10n Surrounding Zoning Surrounding Uses North RS-2 Single family residential South C-0 Office Commercial East RS-2 Single family residential West C-0 Office Commercial Allowed Uses: Permitted uses within the The C-0 Office Commercial zoning district allows for a variety of land uses including day care centers, nursing homes, banks, and substance abuse treatment centers. Please see the Land Use Matrix in the Zoning Code for a more detailed list of permitted uses. St ff A I . a na1__y_sts Standard checklist for rezoning: Yes No Notes: Complies with Comprehensive Plan X The Comprehensive Plan identifies the property as intended for medium density residential use. The applicant has requested an amendment to the Comprehensive Plan to show the designation of the 1, 120 sf portion of the property as Commercial. Has access to necessary utilities X The pro_Q_erty has access to necessary utilities. Located outside flood zone X The property does not lie within the 1 00 year tloodQlain. Meets district size requirement X The rezoning would be an expansion of an existing C-0 district. Planning and Zoning Commission Case No. Pl7021 Standard checklist for rezoning: Benefit to City is substantial when compared to adverse effects on adjacent property After rezoning, the allowed uses would be compatible with uses allowed in adjacent districts After rezonmg, the allowed uses would be compatible with adjacent existing land uses If not rezoned, the owner would be deprived of use advantages enjoyed by surrounding owners (reverse spot zoning) The requested rezoning would be an expansion of an existing district Staff Recommendation Comprehensive Plan Amendment: Yes No X X X X X Notes: November 9, 2017 Page2 The city would benefit from the development of the rear portion of the property in a commercial manner. The area is considered a commercial node. The slight expansion of commercial zoning in the area would be appropriate. The allowed uses would be compatible with the adjacent residential and commercial uses. Some of the adjacent property is currently zoned C-0 Office Commercial. The rezoning would be an expansion of the adjacent commercial zoning. While the intended use of the property is currently designated as medium density residential on the development plan map of the comprehensive plan, the property is immediately adjacent to a commercial node located at the intersection of two arterial streets. A re-designation of the rear portion of the property to commercial would be a logical expansion of the commercial node that would not be a major change in the intended use pattern for this area. Staff recommends approval of the request to amend the Comprehensive Plan Development Plan Map to show the property as Commercial. Rezoning Request: The requested commercial zoning would be a logical expansion of the existing node of commercial zoning located at the intersection of Southwest Boulevard and Stadium Boulevard. The commercial rezoning at the rear of the property would not appear to create any major land use conflicts and the expansion of the commercial node would be a benefit to the adjacent commercial operations. Staff recommends approval of the request to rezone the property. Staff recommends approval of the request to rezone the property from RS-4 to C-0. Form of Motion 1. Motion to approve the comprehensive plan amendment request to show the 1,120 sf property as Commercial on the Development Plan Map of the Comprehensive Plan. 2. Motion to approve the request to rezone 1,120 sf of the property from RS-4 to C-0. Materials Submitted by the Consultant 1707 Stadium Boulevard A. Rezoning from RS-4 to C-0 B. Comprehensive Plan Amendment List of Materials: A. Visual depicting the area to be rezoned B. Parking Lot Layout Plan _D RS - J - ' ST A DIU M BLV D :~~~~~----~r-----~~----~~------r-------r-~---r~------;:-1--~;r-~--_:------~,-~--~~~AREATOBEREZONED ~ FRO M RS-4 TO C-0 ·~~ ~ I lj 1 120 sa. FT. r--,--T---::::---r-7-.__:~!.:_--r---JII I • ;.l' ... ~---i .. ..__,fr W~ DOERHOFF:~ R-,u~--~ -, ·--,.f 1301 SOUT:~~f~tv~'ol • ~ 'v ~ •a l ~ ...,~ ' g~ .L... -" • , I I -PUD ~ ~ z 0 ~ ~ - Central Mi ssouri Profession al Services 2500 East McCarty Street Jefferson City, M O 65 101 573-634-3455 Note: Parcel lines a re for tax purp ose s o nly , not intended fo r conveyance s, nor are a legal document. I ~.--.·~ ~·. "\ !~ -' '""'~ ... ! ~.. ~/ - .. 1 ..... - I -C-0 •. I ~. -.... . ·~~ .... ::J. ~ • 1:. ... ~ • fl9' ~ t'PY _P:, ._t [r 'r~ -1, ..::1 IJ .=4 ~ ,.,... 'I . LE G EN D THOMPS ON ST ---- l. rn tlC t ":" I t~ -~ 111!""· AREA TO BE REZO NED I ~\~-= -I 200 ~-N •-~:::~--=:..--======---Feet '1r 1301 SO UTH W ES T BLV D . Distributed by the Consultant on 11 /9/2017 1707 STADIU M BLVD .-REZO NIN G 150 0 25 50 100 ~····I~ inch = 10 Feel 10 .. .. Distributed by the Consultant on 11/9/2017 VARIANCE NOTES: 0 ~~~~~=:~~~,~~~FEEl {SECllON 35-588.at I")· E»taT 315-51K:) (!] ~~V~~~~~~~TO 1015 F£ET ($ECllON 3546t8 • EXH.T 3561C) @) ::::,s.::\~;~~~~OF,::.=-v S£TBAO(I$25FEET,THE llt£0UESTII AA£DUCTtONOFlHS SETBACK TO 15.10 FU.T (~cnoN 3661· EXH8IT )5.6t~. REOUESlWGAVARiANCE C1F TI-E lOT MZ£ FOAA IJNGt.EfAJI&LY HOME. lHEAEOUR£OlOT&a.EISt.OOOSO!.WtE.FHT. THE LOT $IlL \W.l BE RfiJUCU) TO 5.071 &Olii\R£ FEET {SECTION 3IWI. EXHBtTJS..SIA). PROPOS.EO CONCRElE RETAINING WN..L PROPOSED 5.1XJ' SIDEWAU<& CONSTRUCTEO ALONO SOli'TtfNEST AN> STADIW BOUlEVAROS. "TYPE 8 BUFFERYAAD CONSISTING~ SMAll CANOPY TREES , !5PER IOOUNEARFOOT Wlli MINMW3.Cl1BARRIERFENCE. rn STORMW,t.TERDETEtmOWWATtROUAUTYTOBEDETmMINEO. CAU.BUCR£'10U DfO -DMJ. -ILAST t-100-344-7483 (1tl.lf'R££) MISSCJUIIII CWE CAU. S"t'S1DD., frfC. NOT£: The Conndot • be A~ lo «<I the 16-.ri OM CGI S)'tt.m 1-800-.344-74&3 ond hew U. III'Wkttroutld utlliu morbd or remorlled ~riot to Mf con.1tndlon. HOTt: UNDCRO.KI rAC~.rnES. SJJI\.n.llt£S Nil UTlJJIS. ~\'t EH PlDmD f'ROM AVMJIJ.£ SURYE'I'S IHO R[~ Nf) nouoA( not LCIC4TlOHS WST II£ CONSIJDI£D N'f'ROXIIUJ[ ON.Y. THOlE ""y 8£ onos,. H EXISIUC[ or 'IHlt IS PII3Dfi\.Y HOT KNOWN. z 0 i=v o ch oa: <(..._ 1-9 o o ...JO c:JW zZ -o ~N a: <( a.. u.. u.. 0 :X: a: w 0 0 II: w cc C100 orx