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Home My Public Portal AboutORD16281BILL NO. 2022-067 SPONSORED BY Councilmember Lester ORDINANCE NO. it/ Z AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI PROVIDING FOR THE VOLUNTARY ANNEXATION OF REAL PROPERTY LOCATED IN THE 900 BLOCK OF EMILY LANE CONTIGUOUS TO THE PRESENT CITY LIMITS, INTO THE CITY OF JEFFERSON, MISSOURI, AND AMENDING SECTION 1-17 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, DEFINING THE EXISTING CITY BOUNDARY BY ADDING ONE NEW SUB -SECTION PERTAINING TO THE SAME SUBJECT. WHEREAS, pursuant to Section 71.012.2 RSMo, the City Council of the City of Jefferson desires to annex the unincorporated area of land described in Section 1; and WHEREAS, the property is adjacent to the current City boundary; and WHEREAS, a public hearing concerning the annexation was advertised in advance of the hearing in the Jefferson City News Tribune. NOW THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The City Council intends to and shall proceed to annex, as provided by law, the unincorporated area of land described as follows: Part of the Southwest Quarter of the Southwest Quarter of Section 8, Township 44 North, Range 12 West, Cole County, Missouri, more particularly described as follows: From the southwest corner of Section 8, Township 44 North, Range 12 West, Cole County, Missouri; thence NO°40'00"W, along the Section Line, 188.10 feet to the northwesterly comer of the property described in Book 631, page 14, Cole County Recorder's Office, also being a point on the boundary of the property described in Book 401, page 939, Cole County Recorder's Office and the POINT OF BEGINNING for this description; thence along the boundary of said properties described in Book 631, page 14 and Book 401, page 939 the following courses: S89°56'00"E, 104.28 feet; thence SO°36'00"E, 188.98 feet to a point on the Section Line; thence leaving the boundary of said properties described in Book 631, page 14 and Book 401, page 93 9, S89°26'45"E, along the Section Line, 130.16 feet to a point on the boundary of the properties described in Book 401, page 939 and Book 402, page 974, Cole County Recorder's Office; thence along the boundary of said property described in Book 401, page 93 9 the following courses: NO°40'00"W, along the westerly line of said property described in Book 402, page 974 and the westerly line of Emily Lane Subdivision Section Two, as recorded in Plat Book 12, page 662, Cole County Recorder's Office, 616.42 feet to a point on the boundary of the property described in Book 509, page 764, Cole County Recorder's Office; thence N49°56'00"W, along the boundary of said property described in Book 509, page 764,309.05 feet to a point on the boundary of the property described in Book 653, page 54, Cole County Recorder's Office, also being the Section Line; thence SO°40'00"E, along the boundary of said property described in Book 653, page 54, also being the Section Line, 625.00 feet to the point of beginning. Containing 3.39 acres. Section 2. The City Council finds and declares that the land described in Section 1 is contiguous to the City boundary; that the annexation is reasonable and necessary to the proper development of the City; and further, did determine the City has an ability to furnish normal municipal services to this area. Section 3. A public hearing was held on October 17, 2022 as provided by law, concerning the annexation of the unincorporated area described in Section 1. Section 4. The land described in Section 1 shall be zoned RA-1 until such time as the zoning may be changed in the manner provided for by State Statute and City Code. Section 5. The annexed area shall be in Ward 4 of the City until such time as the ward boundaries may be changed in the manner provided for by City Code. Section 6. Section 1-17 of the City Code of the City of Jefferson, Missouri is hereby amended by adding one new subsection which shall read as follows: (AB) The City’s boundaries shall also include the following parcel: Part of the Southwest Quarter of the Southwest Quarter of Section 8, Township 44 North, Range 12 West, Cole County, Missouri, more particularly described as follows: From the southwest corner of Section 8, Township 44 North, Range 12 West, Cole County, Missouri; thence N0°40'00"W, along the Section Line, 188.10 feet to the northwesterly comer of the property described in Book 631, page 14, Cole County Recorder's Office, also being a point on the boundary of the property described in Book 401, page 939, Cole County Recorder's Office and the POINT OF BEGINNING for this description; thence along the boundary of said properties described in Book 631, page 14 and Book 401, page 939 the following courses: S89°56'00"E, 104.28 feet; thence S0°36'00"E, 188.98 feet to a point on the Section Line; thence leaving the boundary of said properties described in Book 631, page 14 and Book 401, page 93 9, S89°26'45"E, along the Section Line, 130.16 feet to a point on the boundary of the properties described in Book 401, page 939 and Book 402, page 974, Cole County Recorder's Office; thence along the boundary of said property described in Book 401, page 93 9 the following courses: N0°40'00"W, along the westerly line of said property described in Book 402, page 974 and the westerly line of Emily Lane Subdivision Section Two, as recorded in Plat Book 12, page 662, Cole County Recorder's Office, 616.42 feet to a point on the boundary of the property described in Book 509, page 764, Cole County Recorder's Office; thence N49°56'00"W, along the boundary of said property described in Book 509, page 764,309.05 feet to a point on the boundary of the property described in Book 653, page 54, Cole County Recorder's Office, also being the Section Line; thence S0°40'00"E, along the boundary of said property described in Book 653, page 54, also being the Section Line, 625.00 feet to the point of beginning. Containing 3.39 acres. Section 7. The effective date of this Ordinance and the annexation of the area described in Section 1 will be immediately upon passage, provided that no written objections to the proposed annexation are filed with the City Council. If sufficient objections are filed, this ordinance shall not become effective until such time as the annexation issue has been resolved pursuant to the provisions of Chapter 71 RSMo. Passed: Qcizbw 1-7 Presiding Officer Approved: 0-C- 1 /g ATTEST: APPROVED AS TO FORM: VERIFIED PETITION FOR VOLUNTARY ANNEXATION Mark Gerlach & Julie Gerlach Petitioners ) ) ) ) COMES NOW, the Petitioners, Mark Gerlach AND Julie Gerlach, and pursuant to the provisions of §71.012, RSMo., hereby petitions the City of Jefferson City, for voluntary annexation into the City of Jefferson City, and in support thereof, state the following: 1. That Petitioners are the owners of certain property in Cole County, Missouri, said property being described as: Part ofthe Southwest Quarter ofthe Southwest Quarter of Section 8, Township 44 North, Range 12 West, Cole County, Missouri, more particularly described as follows: From the southwest comer of Section 8, Township 44 North, Range 12 West, Cole County, Missouri; thence N0°40'00"W, along the Section Line, 188.10 feet to the northwesterly comer of the property described in Book 631, page 14, Cole County Recorder's Office, also being a point on the boundary of the property described in Book 401, page 939, Cole County Recorder's Office and the POINT OF BEGINNING for this description; thence along the boundary of said properties described in Book 631, page 14 and Book 401, page 939 the following courses: S89°56'00"E, 104.28 feet; thence S0°36'00"E, 188.98 feet to a point on the Section Line; thence leaving the boundary of said properties described in Book 631, page 14 and Book 401, page 939, S89°26'45"E, along the Section Line, 130.16 feet to a point on the boundary of the properties described in Book 401, page 939 and Book 402, page 974, Cole County Recorder's Office; thence along the boundary of said property described in Book 401, page 939 the following courses: N0°40'00"W, along the westerly line of of said property described in Book 402, page 974 and the westerly line of Emily Lane Subdivision Section Two, as recorded in Plat Book 12, page 662, Cole County Recorder's Office, 616.42 feet to a point on the boundary of the property described in Book 509, page 764, Cole County Recorder's Office; thence N49°56'00"W, along the boundary of said property described in Book 509, page 764, 309.05 feet to a point on the boundary of the property described in Book 653, page 54, Cole County Recorder's Office, also being the Section Line; thence S0°40'00"E, along the boundary of said property described in Book 653, page 54, also being the Section Line, 625.00 feet to the point ofbeginning. Containing 3.39 acres. 2. This real estate is not now a part of any incorporated municipality . 3. This real estate is contiguous and compact to the existing corporate limits of the City of Jefferson, Missouri. 4. That the Petitioners are the owners in fee of all of the property to be annexed. WHEREFORE, Petitioners request that the City of Jefferson City annex the aforesaid property. ___ ..___ __ _ Mark Gerlach Q-.~~~~ ul · Gerlach STATE OF MISSOURI COUNTY OF COLE ) ) ) VERIFICATION ss . COMES NOW Julie Gerlach, being oflawful age and after being duly sworn upon his/her oath, deposes and states that she is the Petitioner who signed the foregoing VERIFIED PETITION FOR VOLUNTARY ANNEXATION ("Petition"), that the signature imprinted on the Petition is the manual , authentic, authorized signature of the Petitioner, and that she has read the Petition and that the facts and matters stated in the Petition are true and correct to the best of her knowledge , information and belief. a e: Juhe Gerlach ~{) SUBSCRIBED AND SWORN to before me this Z~ day of (I' a/. , 2022. r My commission expires: '/~J'2s JERRY WAYNE MORGAN .. NostaT.ry Public -Notary Seal ATE OF MISSOURI County -Cole M Com.mission # 21 860538 Y Commission Expires : 11/21/2025 STATE OF MISSOURI COUNTY OF COLE ) ) ) VERIFICATION ss. COMES NOW Mark Gerlach, being oflawful age and after being duly sworn upon his/her oath, deposes and states that he is the Petitioner who signed the foregoing VERIFIED PETITION FOR VOLUNTARY ANNEXATION ("Petition"), that the signature imprinted on the Petition is the manual, authentic, authorized signature of the Petitioner, and that he has read the Petition and that the facts and matters stated in the Petition are true and correct to the best of his knowledge, information and belief. Name: Mark Gerlach SUBSCRIBED AND SWORN to before me this Z?.llD day of >tPR{ , 2022. ' My commission expires: 1 j z/tJ/ JERRY WAYNE MORGAN Notary Public -Notary Seal STATE OF MISSOURI County -Cole Commission# 21860538 My Commission Expires: 11/21/2025 Jefferson City Planning & Zoning Commission September 08,2022 Case No. P2201 0 900 Block of Emily Lane Voluntary Annexation and Zoning Plan (RA-1) PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION September 08, 2022 Case No. P22010-900 Block of Emily Lane, Voluntary Annexation and Zoning Plan. Request filed by Mark and Julie Gerlach, property owners, for the following: I. Voluntary annexation of 3.39 acres 2. Approval of a zoning plan for the property to be zoned RA-1 High Density Residential. The property is located 900 feet northwest of the Emily Lane terminus and is described as Part of the Southwest Quarter of the Southwest Quarter of Section 8, Township 44 North, Range 12 West, in the City of Jefferson, Missouri. (Central Missouri Professional Services, Consultant). Nature of Request This property consists of a 3.39 acre lot located adjacent west to the existing city limits. The property owner desires to connect to City utilities and construct driveway( s) joining to a City street. In this instance, that such street is Emily Lane, which dead ends at the City limit line and this line touches the eastern property lot line. In order to construct a driveway off of the City street and use City utilities, the property owner needs to continue the roadway and annex into the City of Jefferson. To further the length of the roadway, the applicant is planning on constructing a cul-de-sac to which the driveway(s) would connect. The specifications of roadway design and conformance with City Code standards in addition to details regarding division(s) of the property and its use such as residential structure(s) would come at a later date, needing to meet all applicable City Code requirements, in the form of preliminary and final plat as well as other required plan submittals such as a site plan. The applicant is requesting a zoning designation of RA-I High Density Residential, which would match adjacent east properties within City Limits. Zoning and Surrounding Land Use Current Zoning: None-Unincorporated R equested Zoning: RA-1 High Density Residential Surrounding Zoning_ Surrounding Uses North RS-2 Single Family Residential South RS-2 Single Family Residential East RA-1 Multi Family Residential West None Storage Units, Open Land Staff Recommendation Voluntary Annexation and Zoning Plan: Current Use: Undeveloped Intended Use: Multi F amily Residential The property owner has submitted a request to annex the property into city limits of the City of Jefferson with a RA-1 High Density Residential zoning designation. The property is contiguous to current city limits and the property lends itself well to incorporation in addition to the requested High Density Residential zoning would be in alignment with current adjacent east properties along Emily Lane. The recommended land use of the Comprehensive Plan suggests low density residential for the lot and High Density Residential is shown lining Emily Lane up to the City limit line where the roadway ends. Continuation of the roadway with High Density Residential lining appears suitable. Staff recommends approval of the requested voluntary annexation and zoning plan. Form of Motion: I. Motion to recommend approval of the zoning plan establishing a RA-1 High Density Residential zoning designation for the property upon annexation. City of Jefferson Planning & Zoning Commission LOCATION MAP Case No. P22010 o as 110 340 Feet 900 Block of Emily Lane '--· Voluntary Annexatuion and Zoning Plan (RA-1) City of Jefferson Planning and Zoning Commission VICINITY Case No. P22010 o 190 380 760 Feet 900 Block of Emily Lane Voluntary Annexation and Zoning Plan (RA-1) Case No. P2201 0 900 Block of Emily Lane Voluntary Annexation, Zoning Plan (RA-1), and Preliminary and Final Subdivision Plat cr o,_ __ _ 2 cr 0 :r Cl iD ] Jl_j cr 0 j r > CHARM OAK DR :!: cr oct :r 0 0 155 310 620 185 ft. Notification Buffer DENESEDR T s 930 1.2<10 Feel I