HomeMy Public PortalAboutORD15001 BILL NO. 2012-49
SPONSORED BY Councilman Mihalevich
ORDINANCE NO.
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 1.17 ACRES FROM C-1 NEIGHBORHOOD
COMMERCIAL TO RA-1 HIGH DENSITY RESIDENTIAL, FOR PROPERTY LOCATED
IN THE 1400 BLOCK OF CREEK TRAIL DRIVE, DESCRIBED AS PART OF THE
WEST HALF OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 44
NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI.
WHEREAS, It appears that the procedures set forth in the 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 RA-1 High Density Residential: Part of the West Half of the Northwest
Quarter of Section 14, Township 44 North, Range 12 West, in the City of Jefferson, Cole
County, Missouri, more particularly described as follows: From the southwest corner of
the West Half of the Northwest Quarter of said Section 14, Township 44 North, Range
12 West; thence N86 049'38"E, along the Quarter Section Line, 491.46 feet; thence
leaving the Quarter Section Line N22°14'10"W, 620.90 feet to the POINT OF
BEGINNING; thence N42°34'29"W, 103.09 feet; thence N62°43'15"W, 108.92 feet;
thence S89'23'1 8"W, 60.00 feet; thence northerly on a curve to the right, having a radius
of 670.00 feet, an are distance of 259.89 feet (Ch:N10°30'02"E, 258.26 feet) to a point
on the southerly boundary of CREEKSIDE PARK SECTION TWO, as recorded in Plat
Book 12, Page 329, Cole County Recorder's Office; thence along the southerly boundary
of said CREEKSIDE PARK SECTION TWO, S51°50'33"E, 302.20 feet; thence leaving
the southerly boundary of said CREEKSIDE PARK SECTION TWO, S38°09'27"W,
145.06 feet; thence S22°14'10"E, 83.14 feet to the point of beginning. Containing 1.17
Acres.
Section 2. An amendment to the Comprehensive Plan Development Plan Map is
hereby endorsed to reflect the changes for the area described in Section 1 from
Commercial to High Density Residential.
2012-4g
Page i
Section 3. This ordinance shall be in full force and effect from and after its
passage and approval.
Passed: �'�' `� Approved:
Presiding O ice Mayor
ATJEST: APPROVED AS TO FORM:
City Clisrk �C ity Counselor
2012-4g
Page 2
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, August 20, 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. 2715 PORTABELLO PLACE DRIVE — REZONING 0.5 ACRES FROM C-O OFFICE
COMMERCIAL TO RA-1 HIGH DENSITY RESIDENTIAL AND ASSOCIATED COMPREHENSIVE PLAN
AMENDMENT: Described as Lot 30 of Creekside Park Subdivision, Section Two.
2. 1400 BLOCK OF CREEK TRAIL DRIVE — REZONING 1.17 ACRES FROM C-1
NEIGHBORHOOD COMMERCIAL TO RA-1 HIGH DENSITY RESIDENTIAL AND ASSOCIATED
COMPREHENSIVE PLAN AMENDMENT: Part of the West Half of the Northwest Quarterof Section 14,
Township 44 North, Range 12 West, in the City of Jefferson, Cole County, Missouri, more particularly
described as follows: From the southwest corner of the West Half of the Northwest Quarter of said
Section 14, Township 44 North, Range 12 West; thence N86°49'38"E, along the Quarter Section Line,
491.46 feet; thence leaving the Quarter Section Line N22°14'10"W, 620.90 feet to the POINT OF
BEGINNING;thence N42 034'29"W, 103.09 feet;thence N62043'1 5"W, 108.92 feet;thence S89 023'18"W,
60.00 feet; thence northerly on a curve to the right, having a radius of 670.00 feet, an arc distance of
259.89 feet (Ch:N10°30'02"E, 258.26 feet) to a point on the southerly boundary of CREEKSIDE PARK
SECTION TWO, as recorded in Plat Book 12, Page 329, Cole County Recorder's Office; thence along
the southerly boundary of said CREEKSIDE PARK SECTION TWO, S51°50'33"E, 302.20 feet; thence
leaving the southerly boundary of said CREEKSIDE PARK SECTION TWO, S38 009'27"W, 145.06 feet;
thence S22 014'10"E, 83.14 feet to the point of beginning.
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.
Phyllis Powell, City Clerk, City of Jefferson, Missouri
P.T, - Friday, August 3, 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
July 12, 2012
5:15 p.m.
COMMISSION MEMBERS PRESENT ATTENDANCE RECORD
Jack Deeken 2 of 2
Dean Dutoi 1 of 2
Bob George 2 of 2
Chris Jordan, Vice Chairman 1 of 2
Michael Lester 2 of 2
David Nunn 1 oft
Ralph Robinett, Chairman 2 of 2
Dale Vaughan 1 of 2
Chris Yarnell* 2 of 2
Bunnie Trickey Cotten, Alternate 2 of 2
*Arrived Late
EX-OFFICIO MEMBERS PRESENT
Rick Mihalevich, City Council Liaison
STAFF PRESENT
Janice McMillan, Director of Planning & Protective Services
Eric Barron, Senior Planner
Shane Wade, Civil Engineer II
Anne Stratman, Administrative Assistant
New Business/Public Hearings
Case No. P12009 — 1400 Block of Creek Trail Drive; Rezoning from CA to RA-1 and
Comprehensive Plan Amendment. Application filed by TriBeca Investment Group, property
owner, Kent Beck, authorized representative, to rezone 1.16 acres from C-1 Neighborhood
Commercial to RA-1 High Density Residential and an associated amendment to the Development
Plan Map of the Comprehensive Plan to show the property as High Density Residential. The
property is located at the end of Creek Trail Drive 200 feet south of Portabello Place Drive and is
described as part of the West half of the Northwest Quarter of Section 14, Township 44 North,
Range 12 West.
Mr. Barron described the proposal and explained that this request is to revert the zoning of the
property back to RA-1 in order to allow for the construction of a multi-family residential
development. He stated that the property consists of 1.16 acres of the 3.11 acres contained within
the proposed TriBeca Village Subdivision, Section One. Mr. Barron explained that an amendment
to the Comprehensive Plan is also proposed to support the rezoning.
Mr. Paul Samson, Central Missouri Professional Services, 2500 E. McCarty Street, spoke
regarding this request and explained that the subject property is part of Section One of TriBeca
Village Subdivision. He stated that the intention is to create a contiguous residential zoning
designation. Mr. Samson explained that the remainder of the property is not proposed to be
rezoned at this time to preserve the possibility of future commercial uses.
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. George seconded to amend the Development Plan Map of the
Comprehensive Plan in order to show the property as High Density Residential. The motion passed
8-0 with the following votes:
Aye: Deeken, Dutoi, George, Jordan, Lester, Nunn, Vaughan, Yarnell
Mr. Nunn moved and Mr. George seconded to recommend approval to rezone the property from
C-1 to RA-1 to the City Council. The motion passed 8-0 with the following votes:
Aye: Deeken, Dutoi, George, Jordan, Lester, Nunn, Vaughan, Yarnell
City of Jefferson Planning & Zoning Commission
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City of Jefferson Planning & Zoning Commission
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APPLICATION FOR ZONING AMENDMENT EPIANNJNGAND 9 2 A t3"icd4ved
City of Jefferson - Planning Division D
Department of Planning & Protective Services
320 East McCarty Street 1 4 2012
Jefferson City, Missouri 65101
Phone (573) 634-6410 Fax (573) 634-6457
The undersigned hereby petitions the Planning and Zoning Commission and City
Missouri, for the following amendment to the Zoning Code:
❑ 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: L1
u )ocl 0 / ,&K . -
Legal/Property Description (write out or attach as an exhibit):
Who petition to rezone the above described real state from its present classification of
- W district to n A - district. The purpose of this rezoning request is to:
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.
Property Owner#1 Name (type or print) Property Owner Signature
Property Owner#2 Name (type or print) Prope Owner Signature
Subscribed an swo�� S day IL e yeaA� .
Commissioned forlOsage Cootm ttyy
MyCommmllsslslon NDu#mbbeer..009969096 013 No tic
Address of Property Owner#1: VOL Sceremr— n l) A— 36 ^bf Cl'a (rk jo
2clI - Qjy�1.
Address of Property Owner#2
Phone Number(s):
Applicant Information (if different from property owner):
Name:
Address:
Phone Number
For City 777 7777'
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 Coordinatorat(573) 634-6570 to request accommodations oralternative formats as
required under the Americans with Disabilities Act. Please allow 72 business hours to process the request.
APPLICATION FOR AMENDMENTS TO THE COMPREHENSI C ISJ RVmE
City of Jefferson - Planning Division
Department of Planning & Protective Services
320 East McCarty Street ��� , 4 2�2
Jefferson City, Missouri 65101
Phone (573) 634-6410 Fax (573) 634-6457
PLANNING AND
The undersigned hereby petitions the Planning and Zoning Commission and City Cou oftFMB9Pt/ TOflaefW�wmS
Missouri, for the following amendment(s) to the City's Comprehensive Land Use Plan or Development an ap.
Li Text Amendment A Map Amendment ' 0VI [u h19'I )Ig51� r
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. 51 L � 0-}u cdlee•
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.ll
Amendment Requested by: ,ery�roperty Owner DStaff ❑Planning and Zoning Commission
Name (typed or printed) Signature
Property Owner Name j�Iu._2 � � �.�
II ff F� I
Address Yc. 5G+h,7) 1-h,1J n— Jr[115u, !r)'Cv
Phone Number(s): J -� !, )r�l 1�/ C1�
Applicant Name (if different from owner):
Address:
Phone Number(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 Coordinatorat(573) 634-6570 to request accommodations oralternative formats as
required under the Americans with Disabilities Act. Please allow 72 business!tours 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 Conniission 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 adoption of the 1996 Comprehensive Plan, this area was largely
undeveloped and thefuturepatteru ofdevelopment was unknown. The use ofthe property
in a multi family manner is ideal,given the development pattern that has taken place since
the adoption of the Comprehensive Plan.
B. Whether events subsequent to the Comprehensive Plan adoption have invalidated the
Conunission+s original premises and findings made upon plan adoption.
N71uile the potential for conunercial development along thefuture extension of Creek Trail
Drive remains high, the current development pattern in the area is Dlulti family
residential.
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 the 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.
While the potential for commercial development along Creek Trail Drive remains high,
the development pattern in the area is of a multi fanny residential character.
E. Whether the change is needed to improve consistency between the Comprehensive Plan and
other adopted plans.
The development proposed for the area would be compatible with street
uuetrvorklconnectivity plans for 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.
All 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
connnunity to accommodate the zoning and community needs.
Land is adequate far the proposed use.
H. Whether there will be benefits derived by the conununity or area by the proposed zone.
The community and area will henefnt from the development of compatible hand uses in the
area.
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Applicant Date
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City of Jefferson '�t Eric J. Struemph, Mayo►
Department of Planning 8 Protective Services Janice McMillan, Director
320 E.McCarty St. — Phone:573-634-6410
Jefferson City, MO 65101 Fax: 573-634-6457
1025'
June 28, 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. July 12, 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. P12009 — 1400 Block of Greek Trail Drive; Rezoning from C-1 to RA-1 and
Comprehensive Plan Amendment. Application filed by TriBeca Investment Group,
property owner, Kent Beck, authorized representative, to rezone 1.16 acres from C-1
Neighborhood Commercial to RA-1 High Density Residential and an associated
amendment to the Development Plan Map of the Comprehensive Plan to show the
property as High Density Residential. The property is located at the end of Creek Trail
Drive 200 feet south of Portabello Place Drive and is described as part of the West half of
the Northwest Quarter of Section 14, Township 44 North, Range 12 West.
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
August 20, 2012, 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.
If you have any questions concerning this matter, please feel free to contact us at 573.634.6475,
Sincerely,
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 72 business hours
to process the request.
Jefferson City Planning&Zoning Commission Page I
Property Owners List
Case No.P12009 1400 Block of Creek Trail Drive July 12,2012
Mid America Bank
1511 Friendship Rd
Jefferson City,MO 65101
2712 Portabello Place Dr
2715 Portabello Place Dr
Hofmann, James M& Marilyn J
2916 RtJ
Jefferson City, MO 65101
1426 Creek Trail Dr A
Feather, Craig Anthony Tony
2720 Tanglewood Dr
Jefferson City, MO 65109
2702 Portabello Place Dr
2705 Portabello Place Dr
2631 Portabello Place Dr
2623 Portabello Place Dr
Holsman, Jerry L
2603 Cedarwood Ct
Jefferson City, MO 65109
2603 Cedarwood Ct
Amos- Bemboom Properties—2 LLC
2704 Cedarwood Ct
Jefferson City, MO 65109
2646 Frog Hollow Rd
Heimericks Farm Lp
4114 Rt U
Russellville, MO 65074
Frog Hollow Rd
City of Jefferson
Parks &Recreation Commission
320 E McCarty St
Jefferson City, MO 65101
Frog Hollow Rd
Tribeca Investment Group LLC
406 Summerhill Dr
Jefferson City,MO 65109
Creek Trail Dr(Subject Properq)
PLANNING STAFF REPORT
JEFFERSON CITY PLANNING AND ZONING COMMISSION
July 12,2012
Case No. P12009 — 1400 Block of Creek Trail Drive; Rezoning from C-1 to RA-1 and Comprehensive Plan
Amendment. Application filed by TriBeca Investment Group, property owner, Kent Beck, authorized
representative, to rezone 1.16 acres from C-1 Neighborhood Commercial to RA-1 High Density Residential and an
associated amendment to the Development Plan Map of the Comprehensive Plan to show the property as High
Density Residential. The property is located at the end of Creek Trail Drive 200 feet south of Portabello Place
Drive and is described as part of the West half of the Northwest Quarter of Section 14, Township 44 North, Range
12 West.
Zoning History
April 2006 - This property is contained within the Highway 179 Annexation Area that was approved by
voters on April 4, 2006, and took effect November 1, 2006. The plan of intent for the annexed
area established a zoning of RA-I for this property.
September 2008 - A request to rezone the property from RA-1 to C-1 was approved by the Planning and Zoning
Commission. The purpose of the request at the time was to allow the property to be marketed
for commercial development.
Nature of Request
This request is to revert the zoning of the property back to RA-1 in order to allow for the development of the
property in a multi-family residential manner. The property consists of 1.16 acres of the 3.11 acres of total area
contained within the proposed TriBeca Village Subdivision Section One.
An amendment to the Comprehensive Plan Development Plan map is also proposed to support the rezoning.
Zoning and Surrounding Land Use
Current Zoning: C-1 Current Use: Undeveloped property
Requested Zoning: RA-1 Intended Use: Multi-Family Residential
Surrounding Zoning Surrounding Uses
North C-O (proposed as RA-1 Vacant Lot
South C-1 Undeveloped
East RA-1 Undeveloped
West C-1 /RU Undeveloped
Allowed Uses:
Permitted uses within the RA-I zoning district include single family residential, multi-family residential, nursing
homes, and assisted living facilities. The RA-I district allows for a maximum density of 12 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 An amendment to the Comprehensive Plan is
proposed in order to support the rezoning.
Has access to necessary utilities X Necessary utilities can be extended to serve the area.
Located outside flood zone X The 100 year floodptain exists on the property.
Meets district size requirement X The rezoning would be an expansion of the existing
RA-1 zoning in the area.
Benefit to City is substantial when compared to X An RA-1 zoning of the property would be
adverse affects on adjacent property compatible with the adjacent residential zoning.
The rezoning would not be a grant of privilege to X The residential zoning of the property would be
the owner with little or no benefit to the public compatible with the adjacent residential zoning.
Planning and Zoning Conunission July 12, 2012
Case No. P12009 Page 2
After rezoning, the allowed uses would be X The RA-1 zoning would match the adjacent
compatible with uses allowed in adjacent districts property.
After rezoning, the allowed uses would be X The RA-1 zoning would match the multi-family
compatible with adjacent existing land uses residential development pattern of the area.
If not rezoned, the owner would be deprived of use X The rezoning would be compatible with the adjacent
advantages enjoyed by surrounding owners(reverse zoning.
spot zoning)
The requested rezoning would be an expansion of X The rezoning would be a continuation of the RA-1
an existing district zoning in the area.
Staff Recommendation and Analysis
Approve Den Neutral
X
Comprehensive Plan Amendment
While an extension of the commercial development pattern along Creek Trail Drive has some potential, the property
was originally intended to be developed in conjunction with the adjacent Creekside Park multi-family residential
development and a high density residential use of the property is more appropriate given the development pattern of
the adjacent property.
Rezoning Request
The rezoning of the property to an RA-1 designation would be an expansion of the existing RA-I zoning along
Portabello Place Drive and would strengthen the multi-family residential development pattern in the area.
Form of Motion:
1. Approval of the request to amend the Development Plan Map of the Comprehensive Plan in order to show
the property as High Density Residential.
2. Approval of the request to rezone the property from C-1 to RA-1.