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HomeMy Public PortalAboutORD15023 BILL NO. 2012-74 SPONSORED BY COUNCILMAN Mihalevich ORDINANCE NO. Oo2 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 2.07 ACRES FROM A COMBINATION OF C-1, NEIGHBORHOOD COMMERCIAL, AND RU, RURAL USE, TO RS-2, LOW DENSITY RESIDENTIAL, AND RU, RURAL USE, FOR LAND ADDRESSED AS 3110 ALGOA ROAD, DESCRIBED AS PART OF SURVEY NO. 2680 AND PART OF SECTION 22, TOWNSHIP 44 NORTH, RANGE 11 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. WHEREAS, It appears that the procedures set forth in the zoning code relating to zoning have in all matters been complied with; and WHEREAS, The zoning ordinance requires consistency between the comprehensive plan and the zoning map and the proposed zoning change would necessitate a change to the Comprehensive Plan Development Plan Map. 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 C-1 Neighborhood Commercial to RU Rural Use: Part of Section 22, Township 44 North, Range 11 West, in the City of Jefferson, Cole County, Missouri, more particularly described as follows; From the southeast corner of the East Half of the Northeast Fractional Quarter of Section 22, Township 44 North, Range 11 West; thence N6 020'30"W, along the Section Line, 239.25 feet to the POINT OF BEGINNING for this description; thence continuing N6 020'30"W, along the Section Line, 394.77 feet; thence S59028'20"W, 117.91 feet; thence S23°35'21"E 362.77 feet to the POINT OF BEGINNING. Containing 0.67 acres. Section 2. The following described real estate is rezoned from C-1 Neighborhood Commercial to RS-2 Low Density Residential: Part of Section 22, Township 44 North, Range 11 West, in the City of Jefferson, Cole County, Missouri, more particularly described as follows: From the southeast corner of the East Half of the Northeast Fractional Quarter of Section 22, Township 44 North, Range 11 West; thence N6 020'30"W, along the Section Line, 634.02 feet to the POINT OF BEGINNING for this description; thence continuing N6 020'30"W, along the Section Line, 270.28 feet to the southeast corner of U.S. Private Survey No. 2701, Township 44 North Range 11 West; thence S34°02'27"W, 233.47 feet; thence S23°35'21"E, 147.38 feet; thence N59°28'20"E, 117.91 feet to the POINT OF BEGINNING. Containing 0.66 acres. Section 3. The following described real estate is rezoned from RU Rural to RS-2 Low Density Residential: Part of U.S. Private Survey No. 2680, Township 44 North, Range 11 West, in the City of Jefferson, Cole County, Missouri, more particularly described as follows: From the southeast corner of the East Half of the Northeast Fractional Quarter of Section 22, Township 44 North, Range 11 West, being a point on the west line of the aforesaid U.S. Private Survey No. 2680; thence N6°20'30"W, along the Section Line, 634.02 feet to the POINT OF BEGINNING for this description; thence continuing N6°20'30"W, along the Section Line, 270.28 feet to the southeast corner of U.S. Private Survey No. 2701, Township 44 North Range 11 West; thence N6 018'26"W, along the East line of said U.S. Private Survey No. 2701 and the west line of the aforesaid U.S. Private Survey No. 2680, 184.28 feet; thence S36°52'06"E, 180.46 feet; thence S21 022'40"E, 238.29 feet; thence S59°28'20"W, 168.38 feet to the POINT OF BEGINNING. Containing 0.74 acres. Section 4. An amendment to the Comprehensive Plan Development Plan Map is hereby endorsed to reflect the changes for the areas described in Section 1 and Section 2 from Commercial to Low Density Residential. Section 5. This ordinance shall be in full force and effect from and after its passage and approval. p/ Passed: �/// /�, ,2/J/ Approved: Presiding Officer Mayor ATT T: APPROVED AS TO FORM: City Clerk C y Counselor 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,October 15,2012 at 6:00 p.m.in the Council Chamber of the John G.Christy Municipal Building, 320 East McCarty Street, Jefferson City, Missouri. 1. 3110 ALGOA ROAD—REZONING 2.07 ACRES FROM C-1 NEIGHBORHOOD COMMERCIAL AND RU RURAL USE TO RS-2 SINGLE FAMILY RESIDENTIAL AND RU RURAL USE; AND ASSOCIATED COMPREHENSIVE PLAN AMENDMENT TO REFLECT THE CHANGES IN ZONING: Section One—Rezoning from C-1 to RU: Part of Section 22,Township 44 North, Range 11 West, in the City of Jefferson, Cole County, Missouri, more particularly described as follows: From the southeast comer of the East Half of the Northeast Fractional Quarter of Section 22, Township 44 North, Range 11 West;thence N6°20'30"W, along the Section Line, 239.25 feet to the POINT OF BEGINNING for this description; thence continuing N6°20'30"W, along the Section Line, 394.77 feet; thence S59 028'20"W, 117.91 feet; thence S23°35'21"E 362.77 feet to the POINT OF BEGINNING. Containing 0.67 acres. Section Two — Rezoning from C-1 to RS-2: Part of Section 22, Township 44 North, Range 11 West, in the City of Jefferson, Cole County, Missouri, more particularly described as follows: From the southeast corner of the East Half of the Northeast Fractional Quarter of Section 22,Township 44 North, Range 11 West; thence N6 020'30"W, along the Section Line, 634.02 feet to the POINT OF BEGINNING for this description;thence continuing N6°20'30"W,along the Section Line,270.28 feet to the southeast corner of U.S. Private Survey No.2701,Township 44 North Range 11 West;thence S34 002'27"W, 233.47 feet; thence S23°3521"E, 147.38 feet; thence N59°28'20"E, 117.91 feet to the POINT OF BEGINNING. Containing 0.66 acres. Section Three—Rezoning from RU to RS-2: Part of U.S. Private Survey No. 2680,Township 44 North, Range 11 West, in the City of Jefferson, Cole County, Missouri, more particularly described as follows: From the southeast corner of the East Half of the Northeast Fractional Quarter of Section 22,Township 44 North, Range 11 West, being a point on the west line of the aforesaid U.S. Private Survey No. 2680; thence N6°20'30"W, along the Section Line, 634.02 feet to the POINT OF BEGINNING for this description;thence continuing N6°20'30"W,along the Section Line,270.28 feet to the southeast corner of U.S. Private Survey No.2701,Township 44 North Range 11 West;thence N6°18'26"W, along the East line of said U.S. Private Survey No. 2701 and the west line of the aforesaid U.S. Private Survey No. 2680, 184.28 feet; thence S36°52'06"E, 180.46 feet; thence S21°22'40"E, 238.29 feet; thence S59°28'20"W, 168.38 feet to the POINT OF BEGINNING. Containing 0.74 acres. 2. 305 AND 307 FLORA DRIVE—REZONING 4.25 ACRES FROM C-2 GENERAL COMMERCIAL AND PUD PLANNED UNIT DEVELOPMENT TO C-O OFFICE COMMERCIAL: Section One—Rezoning from C-2 to C-O: Part of the Southeast Quarter of Section 13,Township 44 North, Range 12 West, all in the City of Jefferson, Missouri, more particularly described as follows: From the southeasterly corner of Lot No. 11 of said Spring Valley Subdivision; thence S83 003'54"E,along the easterly line of Flora Drive,29.15 feet;thence Southerly,along the easterly line of said Flora Drive, on a curve to the right, having a radius of 430.00 feet, an arc distance of 215.88 feet, (the chord of said curve being S58048'1 7"E,213.62 feet;thence S44 025'20"E,along the easterly line of said Flora Drive,46.67 feet to the POINT OF BEGINNING for this description;thence N23 038'41"E, 664.11 feet to a point on the westerly line of a tract described by deed of record in Book 372, page 459,and Book 411, page 205,Cole County Recorder's Office at its intersection with the southerly line of the property previously described by deeds of record in Book 362, pages 798, 799 and 800 and presently being the southerly line of RTR Subdivision of record in Plat Book 12, page 62, Cole County Recorder's Office; thence S10°57'46"W, along the westerly line of the aforesaid tract described in Book 372, page 459 and Book 411, page 205, 743.18 feet to a point on the northerly line of the aforesaid Flora Drive,thence Westerly,along the northerly line of said Flora Drive, on a curve to the right, having a radius of 174.17 feet, an arc distance of 39.30 feet, (the chord of said curve being N50°53'1 2"W,39.22 feet);thence N44 025'20"W,along the northerly line of said Flora Drive, 135.14 feet to the POINT OF BEGINNING. Containing 1.25 acre. Section Two—Rezoning from PUD to C-O: Part of Tract"C"of SOUTHWOOD HILLS ADDITION, in the City of Jefferson, Missouri,per plat of record in Plat Book 4,page 70, Cole County Recorder's Office, south of tract conveyed to RTR Real Estate, Inc., by deed of record in Book 362, page 800, Cole County Recorder's Office, all of which is more particularly described as follows: From the southwest corner of the Southeast Quarter of said Section 13; thence S86 034'38"E, along the Section Line, 1692.40 feet to the southeasterly corner of a tract conveyed to Grover H. Gray and wife, by deed of record in Book 132,page 67, Cole County Recorder's Office,which point is also the southwesterly corner of said Tract "C"; thence N10°57'46"E, along the easterly line of said Gray Tract and along the westerly line of said Tract"C", 810.97 feet to the BEGINNING POINT of this description;thence continuing N10°57'46"E, along the easterly line of said tract in Book 132, page 67,and being the westerly line of said Tract"C"of SOUTHWOOD HILLS ADDITION,743.18 feet to a point on the southerly line of a tract of land described in Book 362, pages 798, 799 and 800, Cole County Recorder's Office; thence S48 002'08"E, along the southerly line of said tract in Book 376, page 180, 302.83 feet to the westerly boundary of SOUTHWOOD HILL ADDITION, per plat of record in Plat Book 4, page 70,Cole County Recorder's Office;thence along the westerly boundary of said SOUTHWOOD HILLS ADDITION,the following courses: S27°49'08"W, 158.73 feet;thence S20 053'08"W,89.45 feet;thence S24 017'08"W,82.96 feet;thence S21°23'08"W,82.86 feet;thence S1 9006'08"W, 77.67 feet;thence S18 056'12"W; 113.01 feet to a point on the northerly right-of-way line of Flora Drive,thence leaving the westerly boundary of said SOUTHWOOD HILLS ADDITION, along the northerly line of said Flora Drive N86 057'05"W; 49.48 feet; thence continuing Westerly along the northerly right-of-way line of said Flora Drive on a curve to the right, having a radius of 174.17 feet, an arc distance of 89.98 feet, (the chord of said curve being N72 009'04"W, 88.98 feet) to the POINT OF BEGINNING. Containing 3.0 acres. 3. ZONING TEXT AMENDMENT. REQUEST FILED BY CITY STAFF TO AMEND THE TEXT OF CHAPTER 35, ZONING, BY REMOVING STANDARDS RELATING TO NOISE FOR INDUSTRIAL USES (SECTION 35-41.B.28.F). THE PURPOSE OF THE REQUEST IS TO CONSOLIDATE REGULATIONS REGARDING NOISE INTO CHAPTER 21,NUISANCES,OF THE CITY CODE. THE COMPLETE TEXT OF THE AMENDMENT IS AVAILABLE FOR REVIEW AT THE DEPARTMENT OF PLANNING AND PROTECTIVE SERVICES,320 E.MCCARTY STREET, OR MAY BE VIEWED AT THE PLANNING DIVISION WEBPAGE AT WWW.JEFFCITYMO.ORG. 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. Phyllis Powell, City Clerk, City of Jefferson, Missouri P.T. - Friday, September 28, 2012 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 PLANNING AND ZONING COMMISSION September 13, 2012 5:15 p.m. COMMISSION MEMBERS PRESENT ATTENDANCE RECORD Jack Deeken 4 of 4 Bob George 4 of 4 David Nunn 3 of 4 Ralph Robinett, Chairman 4 of 4 Dale Vaughan 3 of 4 Chris Jordan, Vice Chairman 2 of 4 Bunnie Trickey Cotten, Alternate 4 of 4 COMMISSION MEMBERS ABSENT Dean Dutoi 2 of 4 Michael Lester 3 of 4 Chris Yarnell 3 of 4 EX-OFFICIO MEMBERS PRESENT Rick Mihalevich, City Council Liaison STAFF PRESENT Janice McMillan, Director of Planning & Protective Services Drew Hilpert, City Counselor Matt Morasch, City Engineer Eric Barron, Senior Planner Anne Stratman, Administrative Assistant New Business/Public Hearings Case No. P12012 — 3110 Algoa Road; Rezoning from C-1 and RU to RS-2 and RU and Comprehensive Plan Amendment. Application filed by Don Strope, property owner, to rezone 0.67 acres from C-1 Neighborhood Commercial to RU Rural, to rezone 0.66 acres from C-1 Neighborhood Commercial to RS-2 Low Density Residential, to rezone 0.74 acres from RU Rural to RS-2 Low Density Residential, and an associated amendment to the Development Plan Map of the Comprehensive Plan to show the property as Low Density Residential. The purpose of the request is to remove the commercial zoning from the property and to allow for the construction of a single family home. The property is located on the southern side of Algoa Road 700 feet west of Travis Court and is described as part of Private Survey No. 2680 and part of Section 22, Township 44 North, Range 11 West, Jefferson City, Missouri. Mr. Barron described the proposal and explained that the purpose of this request is to consolidate the zoning in order to accommodate a single family residential home and to remove a small portion of the commercial zoning from a neighboring tract of agricultural property. Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, spoke regarding this request and explained that several years ago the former Engelbrecht farm was split into several large tracts of land. He stated that Mr. Strope purchased a considerable amount of that acreage. Mr. Bates explained that a parcel division was done to match the zoning lines with the property lines. No one spoke in opposition to this request and no correspondence was received. Mr. Barron gave the Planning Division staff report. Mr. Nunn moved and Mr. Jordan seconded to approve the comprehensive plan amendment to show the property as Low Density Residential. The motion passed 6-0 with the following votes: Aye: Cotten, Deeken, George, Jordan, Nunn,Vaughan Mr. Nunn moved and Mr. Jordan seconded to recommend approval of the rezoning request to the City Council. The motion passed 6-0 with the following votes: Aye: Cotten, Deeken, George, Jordan, Nunn,Vaughan PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION September 13,2012 Case No. P12012 —3110 Algoa Road; Rezoning from C-1 and RU to RS-2 and RU and Comprehensive Plan Amendment. Application filed by Don Strope, property owner, to rezone 0.67 acres from C-1 Neighborhood Commercial to RU Rural, to rezone 0.66 acres from C-1 Neighborhood Commercial to RS-2 Low Density Residential, to rezone 0.74 acres from RU Rural to RS-2 Low Density Residential, and an associated amendment to the Development Plan Map of the Comprehensive Plan to show the property as Low Density Residential. The purpose of the request is to remove the commercial zoning from the property and to allow for the construction of a single family home. The property is located oil the southern side of Algoa Road 700 feet west of Travis Court and is described as part of Private Survey No. 2680 and part of Section 22, Township 44 North, Range 1 I West,Jefferson City, Missouri. Nature of Request This request is to unify the zoning of a 2.59 acre tract of land in order to allow for the construction of a single family home, and to remove the commercial zoning from a neighboring tract of agricultural property. Zoning History The portions of this property that are proposed for rezoning were annexed into the City of Jefferson as part of the 1997 voter approved annexation of the Algoa Area. The zoning of the property was established as part of the Annexation Plan of Intent. Zoning and Surrounding Land Use Current Zoning: RS-2, C-1, and RU Current Use: Undeveloped Requested Zoning: RS-2/RU Intended Use: Residential/Agricultural Surroundin Zoning Surrounding Uses North RS-2 Single Family Residential South RU Agricultural East I RS-1/RU Single Family Residential/Agricultural West I RS-2 Single Family Residential Allowed Uses: The RS-2 district allows for a maximum density of 3.5 residential units per acre. Please see section 35-28 of the Zoning Code for a complete list of permitted uses. Staff Analysis Standard checklist for rezoning: Yes No Notes: Complies with Comprehensive Plan X The annexation plan of intent identified a portion of this property as Commercial. A re- designation to Low Density Residential would be necessary to support the proposed zoning. Has access to necessary utilities X Sanitary sewer service is to be by an on-site system. Located outside flood zone X The property does not lie within the 100 year flood lain. Meets district size requirement X There is no minimum district size for the RS-2 district. Benefit to City is substantial when compared to X The unification of the zoning for the property adverse affects on adjacent property would help to solidify the residential development pattern along Algoa Road. Planning and Zoning Commission September 13, 2012 Case No. P 12012 Page 2 Standard checklist for rezoning: Yes No Notes: The rezoning would not be a grant of privilege to X Utilization of this property in a residential the owner with little or no benefit to the public manner would be consistent with the land use attern in the area. After rezoning, the allowed uses would be X Utilization of this property in a residential compatible with uses allowed in adjacent districts manner would be consistent with the land use pattern in the area. After rezoning, the allowed uses would be X Utilization of this property in a residential compatible with adjacent existing land uses manner would be consistent with the land use pattern in the area. If not rezoned, the owner would be deprived of use X Utilization of this property in a residential advantages enjoyed by surrounding owners manner would be consistent with the land use reverses of zoning) pattern in the area. The requested rezoning would be an expansion of X The rezoning would be an expansion of the an existing district RS-2 district in the area. Staff Recommendation Comprehensive Plan Amendment: The land use pattern of this portion of Algoa Road is single family residential in nature,and a re-designation of the commercially designated portion of the property to low density residential on the development plan map of the Comprehensive Plan would be appropriate. Rezoning Request: The rezoning request would unify the zoning of both parcels and be in line with the use patterns in the area. Approve Deny Neutral Staff Recommendation X Form of Motion 1. Motion to approve the comprehensive plan amendment request to show the property as Low Density Residential. 2. Motion to approve the request to rezone the property. City of Jefferson Plannin g Zoning& Commission VICINITY lam 4 ' O 0 l/ is v, z fl t' 9.00 3 �`— Sl'I.PERGENTER=DR r �`H 5063 O Case No. P12012 0 437.5 875 1,750 Feet N 3110 Algoa Road W E Rezoning from C-1 & RU to RS-2 & RU and S Comprehensive Plan Amendment City of Jefferson Planning & Zoning Commission LOCATION M , N / n IV t m: l• 9� jAL'G�A RD RU ?, i U 771 LO Case No. P12012 0 250 500 1,000 Feet 3110 Algoa Road W r E Rezoning from C-1 & RU to RS-2 & RU and S Comprehensive Plan Amendment r APPLICATION FOR ZONING AMENDMENT RE 11^V 6 1s V 'iS City of Jefferson - Planning Division Department of Planning & Protective Services 320 East McCarty Street AUG 1 3 2011 Jefferson City, Missouri 65101 Phone (573)634-6410 Fax (573)634-6457 The undersigned hereby petitions the Planning and Zoning Commission and City 130 t P I NG f ion, Missouri, for the following amendment to the Zoning Code: o Zoning Text Amendment (Describe below or attach complete narrative) Article and Section Affected (if applicable) Description of proposed text amendment: Zoning Map Amendment(Rezoning of Real Estate) The undersigned hereby state they are the owners of the following described real estate: Property Address: 3110 / a vI Legal/Property Description (write out or attach as an exhibit): cz Who petition to rezone the above described real a tate from its present classification of Z district to ,f�5' or /�& district. The purpose of this rezo 'ng request is to: u ;61, t40- ALL OWNERS OF REAL PROPERTY PROPOSED TO BE REZONED MUST SIGN THE APPLICATION,AND ALL SIGNATURE MUST BE NOTARIZED. IF ADDITIONAL SIGNATURES ARE NEEDED, PLEASE ATTACH SEPARATE SHEETS. f le lf Property Owner if 1 Nafne (type or print) Property Owner Signature Property Owner#2 Name (type or print) f , Pro erty Owner Signature Sub is 1 day of in e ear ANNE�M.STRATMAN y y N sto of WNW l CommUlaned for Osape Cagy Notary Public My Commisslon Ex Ires:Augud27 2415 On --ample" MOW Address of Property Owner#1: Avoca 51erwpop X / Address of Property Owner#2 Phone Number(s): 60/0— !7/ / Applicant Information (if different from property owner): Name: Address: Phone Number For City Use Only. Application Filing Fee $200 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 72 business hours to process the request. EXHIBIT B REZONING REQUEST A C-1 to RU e C-1 to RS-2 U. S. PRIVATE SURVEY G RU to RS-2 NO. 2701, T44N, R11W Ch N 0 100 200 400 I �/ PyG M9'/ '' Oorew n.n 1 inch = 200 feet GbMe3G.n OO,b MSbu( yI _ W �p Bk 132.iG.351 tM` ZONED voN`S.r� M,p.✓'0 _\ \ _ _RS-2 _ vo \ Pipe pe,we s.n SE 1 SE CGr. P.S. .� eG N Gaoery 1.-so-ope NQ. 2701 ti N d 1 On' o N BL217.N Bk2n•pp.13n) J' \ Steven d Leta BuAemper �.A b1 N Book 498,page 218 4 ° U. S. PRIVATE SURVEY ' - NO. 2680, T44N , R11W r ) s59,90' P.O.B. ZONED RU \ Area B & C \ .n )T z✓ -: it 3 / ZONED 4`.I C-1 SECTION 22 � a / T44N, R11W N d U M p h P.O.B. N 3 z / Area A z Case No. P12012 / N 3110 Algoa Road a ¢ A. Rezoning from C-1 to RU r o o B.Rezoning from C-1 to RS-2 / C. Rezoning from RU to RS-2 / 4Froc.1/4 D.Comprehensive Plan Amendment / Found StonSE Corner E. 1/2, NE ...I y • Z Section 22 1' I O ' O T44N, R11W w s N OJ: EXHIBIT A C REZONING REQUEST AREA A TO BE REZONED FROM: C-1 TO: RU Part of Section 22, Township 44 North, Range 11 West, in the City of Jefferson, Cole County, Missouri, more particularly described as follows: From the southeast corner of the East Half of the Northeast Fractional Quarter of Section 22, Township 44 North, Range 11 West; thence N6°20'30"W, along the Section Line, 239.25 feet to the POINT OF BEGINNING for this description; thence continuing N6°20'30"W, along the Section Line, 394.77 feet; thence S59°28'20"W, 117.91 feet; thence S23°35'21"E 362.77 feet to the POINT OF BEGINNING. A9 o- 6� a��e5 �A $ TO BE REZONED FROM: C-1 TO: RS-2 Part of Section 22, Township 44 North,Range 1 I West, in the City of Jefferson, Cole County, Missouri, more particularly described as follows: From the southeast corner of the East Half of the Northeast Fractional Quarter of Section 22, Township 44 North, Range 11 West; thence N6°20'30"W, along the Section Line, 634.02 feet to the POINT OF BEGINNING for this description; thence continuing N6 020'30"W, along the Section Line, 270.28 feet to the southeast corner of U.S. Private Survey No. 2701, Township 44 North Range 11 West;thence S34 002'27 7'W,233.47 feet; thence S23°35'21"E, 147.38 feet; thence N59°28'20"E, 117.91 feet to the POINT OF BEGINNING. o. 66 a r r e S AReA G TO BE REZONED FROM: RU TO: RS-2 Part of U.S. Private Survey No. 2680, Township 44 North, Range 11 West, in the City of Jefferson, Cole County, Missouri,more particularly described as follows: From the southeast corner of the East Half of the Northeast Fractional Quarter of Section 22, Township 44 North, Range 11 West, being a point on the west line of the aforesaid U.S. Private Survey No. 2680; thence N6°20'30"W, along the Section Line, 634.02 feet to the POINT OF BEGINNING for this description; thence continuing N6°20'30"W, along the Section Line, 270.28 feet to the southeast corner of U.S. Private Survey No. 2701, Township 44 North Range 11 West; thence N6'1 8'26"W, along the East line of said U.S. Private Survey No. 2701 and the west line of the aforesaid U.S. Private Survey No. 2680, 184.28 feet; thence S36°52'06"E, 180.46 feet; thence S21°22'40"E, 238.29 feet; thence S59°28'20"W, 168.38 feet to the POINT OF BEGINNING. S APPLICATION FOR AMENDMENTS TO THE COMPREHENSIVE PLAN Date Received: City of Jefferson -Planning Division Department of Planning & Protective Services 320 East McCarty Street Jefferson City, Missouri 65101 Phone (573)634-6410 Fax(573)634-6457 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. 0 Text Amendment , Map Amendment 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: XProperty Owner ❑Staff ❑Planning and Zoning Commission Of Ana lo� ST�iope , T/'KS/'2 p Name (typed or printed) Signature Property Owner Name Ania Zd 92-6 P Address Phone Number(s): Applicant Name(if different from owner): Address: Phone N umber(s) For City Use Only., Application Filing Fee$200 Application Filing Fee Received: Cash (receipt#_) Check(copy; check# ) Attachments: Narrative Map Applicant/Project 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 72 business hours to process the request. COMPREHENSIVE PLAN AMENDMENTS Excerpt from Section 35-74 Legislative Approval -Development Permits Ordinance No. 13361 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. At the time of the annexation of this property, an expansion of commercial uses along Moreau View Drive was envisioned, and the annexation plan of intent assigned a commercial status to a portion of thisproperty at that time. Commercial expansion in the area never took place,and the area of property assigned a commercial designation at the time of the annexation plan of intent extended too far toward the residential uses along Algoa Road. Redesignation of the commercial designated portion of the property to low density residential in order to match the residential development pattern alongAlgoa Road is requested. B. Whether events subsequent to the Comprehensive Plan adoption have invalidated the Commissionas original premises and findings made upon plan adoption. See Item A. C. Whether the change is consistent with the goals, objectives and policies of the Plan. The change would be compatible with the development pattern in tl:e area. 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. An extension of the commercial development off of Moreau View Drive never occurred and the property represented by this application is best designated as low density residential. E. Whether the change is needed to improve consistency between the Comprehensive Plan and other adopted plans. The change would be compatible with the development pattern in the area. F. Whether public and community facilities,such as utilities,sanitary and storm sewers,water, police and fire protection,schools,parks and recreation 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. Sewer service is intended to be accommodated by an on-site system. All other public utilities are available for extension to serve the area. 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. Not applicable. The change is for a small portion of property that would be incorporated into a residential lot. H. Whether there will be benefits derived by the community or area by the proposed zone. The community and area will benefit from the development of compatible land uses in the area. l City of Jefferson N = Eric J. Strvemph, Mayor Department of Planning&Protective Services Janice McMillan,Director 320 E.McCarty St. Phone:573-634-6410 Jefferson City,MO 65101 1815 Fax: 573-634-6457 August 30, 2012 Dear Property Owner: This letter is to notify you that the Jefferson City Planning and Zoning Commission will meet at 5:15 p.m. on Thursday, September 13, 2012 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. P12012 — 3110 Algoa Road; Rezoning from C-1 and RU to RS-2 and RU and Comprehensive Plan Amendment. Application filed by Don Strope, property owner, to rezone 0.67 acres from C-1 Neighborhood Commercial to RU Rural, to rezone 0.66 acres from C-1 Neighborhood Commercial to RS-2 Low Density Residential, to rezone 0.74 acres from RU Rural to RS-2 Low Density Residential, and an associated amendment to the Development Plan Map of the Comprehensive Plan to show the property as Low Density Residential. The purpose of the request is to remove the commercial zoning from the property and to allow for the construction of a single family home. The property is located on the southern side of Algoa Road 700 feet west of Travis Court and is described as part of Private Survey No. 2680 and part of Section 22, Township 44 North, Range 11 West, 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/Planning Division 573-634-6457 mail: Dept. of Planning and Protective Services/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 October 15, 2012. The City Council meets at 6:00 p.m. in the Council Chambers of the John G. Christy Municipal Building, 320 East McCarty Street. Applications and complete property descriptions may be viewed on-line at www.ieffcitymo.org/pps/ planning/pzcommission. If you have any questions concerning this matter, please feel free to contact us at 573.634.6475. Sincerely, �L Eric Barron, AICP Senior Planner 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. Jefferson City Planning&Zoning Commission Page 1 Property Owners List Case No. P12012 3110 Algoa Road September 13, 2012 HURST, JACOB M D H R PROPERTIES L L C 1512 MARSHA LN 426 E HIGH ST JEFFERSON CITY, MO 65101 JEFFERSON CITY, MO 65101 ALGOA RD ROBINSON RD 3119 ALGOA RD KEMPKER, STACY N STROPE, DONALD S& DOROTHY L,TRUSTEES 3113 ALGOA RD 3122 ALGOA RD JEFFERSON CITY, MO 65101 JEFFERSON CITY, MO 65101 3113 ALGOA RD 3121 ALGOA RD 3122 ALGOA RD 3126 ALGOA RD STOUT, GLENDALL D &DORIS M 3120 ALGOA RD JEFFERSON CITY, MO 65101 3120 ALGOA RD MURPHY, DANIEL VAN &SARA LEE 3105 ALGOA RD JEFFERSON CITY, MO 65101 3105 ALGOA RD M S J B DEVELOPMENT CO L L C PO BOX 127 WESTPHALIA, MO 65085 3109 ALGOA RD WEST, IRVIN E& DEBRA A 3103 ALGOA RD JEFFERSON CITY, MO 65101 3103 ALGOA RD MURPHY, CATHLEEN S 3029 ALGOA RD JEFFERSON CITY, MO 65101 3029 ALGOA RD BURKEMPER, STEVEN & LEISA 3032 ALGOA RD JEFFERSON CITY, MO 65101 3032 ALGOA RD