HomeMy Public PortalAboutORD14968 BILL NO. 2012-16
SPONSORED BY COUNCILMAN Mihalevich
ORDINANCE NO. ) � =l
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 8.5 ACRES OF LAND LOCATED IN THE 300 BLOCK OF HOOVER ROAD FROM RA-2
HIGH DENSITY RESIDENTIAL TO PUD PLANNED UNIT DEVELOPMENT, DESCRIBED AS PART
OF LOT 5 OF CHERRY CREEK SECTION ONE, 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.
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 RA-2 High Density Residential to
PUD Planned Unit Development: Tract 5-61 and Tract 5-B2 of the Parcel Division recorded in Survey
Record Book B, page 253, Cole County Recorder's Office, and that part of the Hoover Road right-of-
way dedicated by the Plat of Cherry Creek Section 1, as recorded in Plat Book 12, page 497, Cole
County Recorder's Office, and said Tract 5-131 and Tract 5-62 being part of Lot 5 of said Cherry Creek-
Section 1, City of Jefferson, Cole County, Missouri, being more particularly described as follows:
Beginning at the Southwest Corner of said Lot 5;thence N84'1 3'47"E, along the southerly boundary of
said Lot 5 and the southerly line of said Hoover road right-of-way 494.62 feet to the Southeast Corner
of said Lot 5; thence N5°46'13"W, along the easterly boundary of said Lot 5, 772.72 feet to the
Northeast Corner of said Tract 5-132; thence S83 053'39"W, along the northerly line of said Tract 5-132,
499.13 feet to the Northwest Corner of said Tract 5-132; thence S6°06'21"W, along the westerly
boundary of said Tract 5-132, 574.84 feet to the Northwest Corner of said Tract 5-131;thence continuing
S6°06'21"W, along the westerly boundary of said Tract 5-61, 194.97 feet to the POINT OF
BEGINNING. Containing 8.50 acres.
Section 2. This ordinance shall be in full force and effect from and after its passage and
approval.
Passed: Y i�l��l �i , LEI Approved: _ ��J / /7
Presiding Officer Mayor �_ T
ATT ' T: APPROVERAS TO FORM:
aty'Clerk Cit Counselor
—1—
EXCERPT OF UN-APPROVED MINUTES
JEFFERSON CITY PLANNING AND ZONING COMMISSION
April 12, 2012
5:15 p.m.
COMMISSION MEMBERS PRESENT ATTENDANCE RECORD
Dean Dutoi 9 of 10
Bob George 6 of 10
Chris Jordan, Vice Chairman 8 of 10
Michael Lester 10 of 10
David Nunn 8 of 10
Scott Stacey 10 of 10
Bunnie Trickey Cotten, Alternate 9 of 10
Date Vaughan, Alternate 10 of 10
COMMISSION MEMBERS ABSENT ATTENDANCE RECORD
Jack Deeken 9 of 10
Ralph Robinett, Chairman 8 of 10
Chris Yarnell 8 of 10
EX-OFFICIO MEMBERS PRESENT
Shawn Schulte, City Council Liaison
STAFF PRESENT
Janice McMillan, Director of Planning & Protective Services
Drew Hilpert, City Counselor
Shane Wade, Civil Engineer II
Eric Barron, Senior Planner
Anne Stratman, Administrative Assistant
New Business/Public Hearing
Case No. P12005—300 Block of Hoover Road; Rezoning from RA-2 to PUD and Preliminary
PUD Plan. Application filed by Double Vision Enterprises, property owner, to rezone 8.5 acres of
property from RA-2 High Density Residential to PUD Planned Unit Development and a
Preliminary PUD Plan for a residential development consisting of duplexes and triplexes. The
property is located north of the Hoover Road cul-de-sac and is described as Tracts 5-B1 and 5-
B2 of Lot 5, Cherry Creek Section One, Jefferson City, Missouri. (Central Missouri Professional
Services, Consultant)
Mr. Barron described the proposal and explained that the applicant is proposing to rezone the
subject property from RA-2 to PUD in order to accommodate a residential PUD development
consisting of duplex and triplex style buildings on an 8.5 acre tract. He stated that the buildings
within the development would be accessed by a network of private driveways and the target
clientele for the development would be seniors and retirees. Mr. Barron explained that the previous
Cherry Creek Condominiums development plan was largely abandoned and the property has since
been divided into two separate ownerships. He stated that the Preliminary PUD Plan shows 10 two-
unit residential structures and 11 three-unit residential structures arranged on the property. Mr.
Barron explained that an existing maintenance building/future community building would remain
with access from the Hoover Road cul-de-sac and one residential unit is shown as a future
maintenance/office unit. He stated that the maximum density is proposed as 62 units over the 8.5
acre site, and the plan proposes flexibility for the developers to switch out a triplex unit for two
duplexes and vice versa. Mr. Barron explained that a sidewalk network is shown on the Preliminary
PUD plan and includes a sidewalk connection to the property to the north.
Excerpt of Un-Approved Minutes Page 2
April 12, 2012
Mr. Paul Samson, Central Missouri Professional Services, 2500 E. McCarty Street, spoke
regarding this request and explained that the previous development originally called for 148 units
within the 8.5 acres. He stated that the proposed development consists of a maximum of 62 units.
Mr. Samson explained that the reduction in units allows for increased green space, reduced traffic
on Hoover Road and W. Main Street, reduced stormwater runoff and other numerous benefits to
the community. He stated that each unit will be approximately 1,100 square feet consisting of two
bedrooms, two baths and a single car garage. Mr. Samson explained that most buildings will be
constructed slab on grade with some units having walk out basements. He stated that the building
exteriors will consist of maintenance free brick and concrete siding. Mr. Samson explained that the
entire development will be maintained by a single ownership group. He stated that the development
will be served by an extension of the sanitary sewer main from the development to the north of the
subject property.
Mr. Dutoi inquired whether there are procedures in place for access for taxis and emergency
vehicles since this is a gated community. In response, Mr. Samson explained that the ownership
group is researching the best system to accommodate those types of services.
Mr. Dutoi commented that the sidewalks stop just short of a good pedestrian plan especially
along the east row. In response, Mr. Samson explained that the goal is to have sidewalks on one
side of the street throughout the development. He stated that they are also providing approximately
30 on-street parking spaces for visitors. Mr. Samson explained that sidewalk have been placed
adjacent to those on-street parking spaces.
Mr. Dutoi commented that the proposed plan seems to meet the requirements for the underlying
zoning as far as the number of sidewalks. He suggested that there should be a better pedestrian
system for the people living there.
Mr. Samson explained that the plan is minimalistic to show that it meets the requirements. He
stated that the owners have verbalized that they are amenable to changes or additions. Mr.
Samson explained that the sidewalks connect to the existing system on the south side of the
Hoover Road cul-de-sac. He stated that the system extends through the development to the
northwest corner which temporarily dead ends at the adjacent property. Mr. Samson explained that
as the next property is developed that sidewalk system would be extended to the end of the Cherry
Creek cul-de-sac off of Highway 179.
No one spoke in opposition to this request and no correspondence was received.
Mr. Barron gave the Planning Division staff report.
Mr. Wade gave the Engineering Division staff report.
Mr. Jordan inquired whether the Applicant has been made aware of the stormwater issues
brought forward by the Engineering Division. In response, Mr. Samson explained that they have
been made aware of the stormwater issues and are willing to discuss those with City staff.
Mr. Stacey moved and Mr. Dutoi seconded to recommend approval of the request to rezone the
property from RA-2 to PUD to the City Council. The motion passed 7-0 with the following votes:
Aye: Cotten, Dutoi, George, Lester, Nunn, Stacey, Vaughan
Mr. Stacey moved and Mr. Vaughan seconded to recommend approval of the Preliminary PUD
Plan subject to compliance with the recommendations of Engineering Division to the City Council.
The motion passed 7-0 with the following votes:
Aye: Cotten, Dutoi, George, Lester, Nunn, Stacey, Vaughan
City of Jefferson Planning & Zoning Commission
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APPLICATION FOR ZONING ORDINANCE AMENDMENT
Date Received:
City of Jefferson - Planning Division
Department of Community Development
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 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: 300 Hoover Road
Legal/Property Description (write out or attach as an exhibit): See Attached
Who petition to rezone the above described real estate from its present classification of
RA-2 district to PUD district. The purpose of this rezoning request is to:
Permit multiple two-family attached residential units on a single lot.
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,
Jim Jordan /Double Vision Enterprises
Property Owner#1 Name(type or print) Owner Signature
Property Owner#2 Name(type or print) Properly Owner Signature
Subscribed and sworn before me this day of in the year
Notary Public
Address of Property Owner#1: 825 Shanon Dale Ct.
Jefferson City, MO 65109
Address of Property Owner#2
Phone Number(s): 573-635-4944
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
Page 1 of 1 May 9,2002
REVIEW CRITERIA ZONING MAP AMENDMENT
THE COURTYARDS AT CHERRY CREEL{
Double Vision Enterprises, L.L.C.
300 &311 Hoover Road
Jefferson City, MO 65109
CMPS job #79-100
a) There does not appear to be an error in the existing zoning at the time it was
adopted.
b) The proposed development changes the character of the development from high-
density residential condominiums to two-family attached dwellings. While the
density of the development will be reduced, the change in zoning is necessary to
permit multiple two-family dwellings on a single tract of land.
c) The developers believe that there is greater market demand for leasing two-family
dwelling units rather than sales of units in a multi-family condominium
development
d) The proposed zoning remains consistent with the goals of the Comprehensive Plan,
Zoning Map and Zoning Code. In fact,the proposed development reduces the
residential density from previously approved plans.
e) The proposed zoning would represent a transitional area from the industrial zoning
and usage on the south and west sides of the property to the residential property to
the north, and the cemetery property to the east.
f) All public facilities are either already on-site or will be extended to the site as part of
the development.
g) A traffic impact analysis was completed with the previously approved development.
No traffic mitigation was necessary. It is estimated that the current proposal will
generate less traffic than the previous development.
h) The traffic generated by the development will have little to no adverse impact on the
safety or capacity of the existing street network.
i) Stormwater impacts have already been mitigated by construction of a detention
basin with the original development. Sediment control best management practices
will be implemented during construction to reduce water and air pollution impacts.
Lighting systems will conform to the requirements of the Zoning Code.
j) The proposed development will begin to complete development of the property
which has been abandoned and left in a state of partial completion for a number of
years.
k) The community will benefit from the proposed development by meeting a need for
leased housing for seniors and retirees,where residents do not have responsibility
for maintenance.
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City of Jefferson '' = Eric J. Struemph, Mayor
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
1925
March 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, April 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. P12005 — 300 Block of Hoover Road; Rezoning from RA-2 to PUD and
Preliminary PUD Plan. Application filed by Double Vision Enterprises, property owner,
to rezone 8.5 acres of property from RA-2 High Density Residential to PUD Planned Unit
Development and a Preliminary PUD Plan for a residential development consisting of
duplexes and triplexes. The property is located north of the Hoover Road cul-de-sac
and is described as Tracts 5-B1 and 5-B2 of Lot 5, Cherry Creek Section One, 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-mail: jcplanning @jeffcitymo.org
fax: Dept. of Planning and Protective Services/Planning Division 573-634-6457
mail: Dept. of Planning and Protective Services I 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
May 21, 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.
JSiin'cerely,
G�GGG gGC//207•-)
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 1
Property Owners List
Case No. P12005 300 Block of Hoover Road April 12,2012
JEFF CITY DEVELOPMENT L L C
7935 CLAYTON RD
ST LOUIS, MO 63117
2730 W MAIN ST
DOUBLE VISION ENTERPRISES, L L C
625 SHANON DALE CT
JEFFERSON CITY, MO 65109
CHERRY CREEK CT
320 HOOVER RD (Subject Property)
CITY OF JEFFERSON
320 E MCCARTY ST
JEFFERSON CITY, MO 65101
400 ROCK HILL RD
179 GROUP, LLC
419 VIRGINIA TRL
JEFFERSON CITY, MO 65109
470 ROCK HILL RD
BRM2002LLC
210 KAYLOR BRIDGE RD
CENTERTOWN, MO 65023
214 HOOVER RD
PREFERRED FAMILY HEALTHCARE INC
PO BOX 767
KIRKSVILLE, MO 63501
210 HOOVER RD
RIVERVIEW CEMETERY ASSN
2600 W MAIN ST
JEFFERSON CITY, MO 65109
2600 W MAIN ST
MID MISSOURI INVESTMENT GROUP L L C
213 HIGHLAND WAYE
JEFFERSON CITY, MO 65101
311 HOOVER RD
CHERRY CREEK PROPERTY INVESTMENTS, L L C
1610 GRANDVALLEY DR
JEFFERSON CITY, MO 65101
CHERRY CREEK CT
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PLANNING STAFF REPORT
JEFFERSON CITY PLANNING AND ZONING COMMISSION
April 12,2012
Case No. P12005—300 Block of Hoover Road; Rezoning from RA-2 to PUD and Preliminary PUD
Plan. Application filed by Double Vision Enterprises, property owner, to rezone 8.5 acres of property
from RA-2 High Density Residential to PUD Planned Unit Development and a Preliminary PUD Plan for
a residential development consisting of duplexes and triplexes. The property is located north of the
Hoover Road cul-de-sac and is described as Tracts 5-B1 and 5-B2 of Lot 5, Cherry Creek Section One,
Jefferson City, Missouri. (Central Missouri Professional Services, Consultant)
Nature of Request
The applicant is requesting approval of a rezoning proposal from RA-2 to PUD and a Preliminary PUD
Plan in order to accommodate a residential development consisting of duplex and triplex style buildings
on an 8.5 acre tract. The buildings within the development would be accessed by a network of private
driveways and the target clientele for the development will be seniors and retirees.
ZoninH History
This property was rezoned from M-1 Light Industrial to RA-2 High Density Residential in 2003 in order
to accommodate the Cherry Creek Condominiums development plan. That development plan has been
largely abandoned and the property (consisting of former lot 5 of Cherry Creek Subdivision) has since
been divided into two separate ownerships, with the northern portion of former lot 5 being accessed from
Cherry Creels Court and the southern portion of former lot 5 being accessed from Hoover Road. The
southern portion of former lot 5 is the subject of this zoning request.
Location
The subject property is located at the end of the Hoover Road cul-de-sac 1000 feet north of West Main
Street. Adjacent zoning and land use is as follows:
Surrounding Zoning Surrounding Uses
North RA-2 Apartment Complex
South M-1 FactoEy Building/Office and treatment center
East RS-2 Cemetery
West C-2 Commercial strip mall/future Fire Station and Water Tower
Staff Analvsis
Rezoning:
This development proposal is unique in the sense that the style of development(duplexes and triplexes) is
usually accommodated through standard subdivision platting with individual construction lots being
accessed off of public roads, The Zoning code requires that duplexes be located on individual lots, while
multiple triplexes and apartment buildings can be built on a single lot in an apartment complex setting.
This development is proposing an apartment complex style of development with duplexes and triplexes
(rather than multi-unit apartment buildings) accessed by a private driveway system.
The PUD zoning district is a useful tool in terns of accommodating these types of unique development
proposals, and the proposed density of the Preliminary PUD Plan is lower than what would be permitted
within the RA-2 zoning district.
Planning and Zoning Commission April 12,2012
Case No. P 12005 Page 2
Preliminary PUD Plan:
Development Layout: The Preliminary PUD Plan shows 10 two-unit residential structures and I 1 three
unit residential structures arranged on the property. A system of private driveways would serve as access
to the individual units, the City would not be responsible for any maintenance activities on the private
driveways. An existing maintenance building/future community building would remain with access from
the Hoover Road cul-de-sac and one residential unit is shown as a future maintenance/office unit.
Development Density: The Preliminary PUD Plan shows a preliminary arrangement of two-unit and
three-unit residential buildings. The final layout of the development may fluctuate, with pairs of two-unit
structures being substituted for individual three-unit structures or vice versa. The maximum density is
proposed as 62 units over the 8.5 acre site(7.3 units per acre).
Development Amenities: The development plan includes amenities such as gated access, curb side trash
collection, street lights, landscaping, and interior and exterior maintenance.
Permitted Uses: Allowed uses are proposed as the permitted uses of the RA-2 zoning district.
Building Design: Most buildings will be constructed slab on grade with some units having walk out
basements. All units will have single car attached garages. Building exteriors are identified as brick
faced on the front and brick and concrete board siding on the sides and rear.
Landscaping: The Preliminary PUD Plan shows that a minimum of one tree will be planted adjacent to
each building. Additional landscaping may be installed at the owners option.
Open Space: No public open space is proposed. Private open space surrounding the buildings will
consist of a minimum of.10' on the sides of buildings, approximately 40' of space at the rear of buildings,
and approximately 25' of space in front of the buildings. A sidewalk network is shown on the
Preliminary PUD plan and includes a sidewalk connection to the property to the north.
Traffic: Vehicle access to the development will be limited to the Hoover Road access, no driveway
connection to the north is proposed. The estimated traffic generation for the development, based on the
intended market of senior attached housing, is 10 additional peak hour vehicle trips and 216 additional
daily vehicle trips. This estimated traffic generation level does not meet the threshold for an individual
traffic study.
Parking: Each residential unit is indicated to have a one car attached garage and a driveway. Additional
parking spaces are shown along two of the main driveways, at the turn around areas at the end of the
east/west driveways, and at a parking lot adjacent to the maintenance/community building.
Staff Recommendation
Staff recommends approval of the Rezoning and Preliminary PUD Plan request.
Form of Motion
1. Motion for approval of the request to rezone the property from RA-2 to PUD
2. Motion for approval of the Preliminary PUD Plan subject to compliance with the
recommendations of the Engineering Division.