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HomeMy Public PortalAboutORD14718 BILL NO. 2010-56 SPONSORED BY COUNCILMAN( Struem h ORDINANCE NO. /`�l I I Z 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 3.6 ACRES FROM RS-1 LOW DENSITY RESIDENTIAL TO C-2 GENERAL COMMERCIAL, FOR LAND LOCATED IN THE 2900 BLOCK OF WEST EDGEWOOD DRIVE (NORTH SIDE), CITY OF JEFFERSON, COLE COUNTY, MISSOURI, AND ENDORSING AN AMENDMENT ON THE DEVELOPMENT PLAN MAP OF THE COMPREHENSIVE PLAN TO REFLECT SUCH CHANGE. 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 RS-1 Low Density Residential to C-2 General Commercial: Part of the Northwest Quarter of theNortheast Quarter of Section 15 and part of the Southwest Quarter of the Southeast Quarter of Section 10, Township 44 North, Range 12 West, Cole County Missouri; more particularly described as follows: From the southwest corner of the Southwest Quarter of the Southeast Quarter of said Section 10; thence North 05 Degrees 47 Minutes 46 Seconds West, along the west line of the Southwest Quarter of the Southeast Quarter of said Section 10, 150.00 feet to the northwest corner of the property described in Book 284, Page 30, Cole County Recorder's Office and the point of beginning for this description;thence North 05 Degrees 47 Minutes 46 Seconds West, along the west line of the Southwest Quarter of the Southeast Quarter of said Section 10, 200.18 feet;thence North 81 Degrees 45 Minutes 11 Seconds East,640.10 feetto the westerly right of way line of Missouri State Route #179; thence South 22 Degrees 53 Minutes 21 Seconds East, along said westerly right of way line of Missouri State Route#179, 164.49 feet;thence South 19 Degrees 25 Minutes 43 Seconds East, along the westerly right of way line of Missouri State Route #179, 281.92 feet to the easterly boundary of said property described in Book 284, Page 30; thence North 51 Degrees 37 Minutes 21 Seconds West, along the easterly boundary of said property in Book 284, Page 30, 324.30 feet to the northeasterly corner thereof; thence South 81 Degrees 45 Minutes 11 Seconds West, along the northerly boundary of said property in Book 284, Page 30, 522.19 feet to the point of beginning. Subject to easements and restrictions of record. Containing approximately 3.6 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 as Commercial. —1— Section 3. This ordinance shall be in full force and effect from and after its passage and approval. Passed: Approved: Presiding Officer Mayor' LZ ATTEST: APP OVF-D AS I 0 FORM: 'd-ifY CIeFK Cit�Gounse or EXCERPT OF UN-APPROVED MINUTES JEFFERSON CITY PLANNING AND ZONING COMMISSION August 12, 2010 5:15 p.m. COMMISSION MEMBERS PRESENT ATTENDANCE RECORD Ralph Robinett, Chairman 2 of 2 Jack Deeken 2 of 2 Dean Dutoi 1 of 2 Bob George 1 of 2 J. Rick Whalevich 2 of 2 Scott Stacey 1 of 2 Chris Yarnell 2 of 2 Michael Lester, Alternate 2 of 2 Bunnie Trickey Cotten, Alternate 1 of 1 Dale Vaughan, Alternate 1 of 1 COMMISSION MEMBERS ABSENT Chris Jordan, Vice Chairman 1 of 2 David Nunn 1 of 2 EX-OFFICIO MEMBERS PRESENT Eric Struemph, City Council Liaison STAFF PRESENT Janice McMillan, Deputy Director of Planning &Transportation Services Eric Barron, Senior Planner Drew Hilpert, Associate City Counselor Shane Wade, Civil Engineer II Anne Stratman, Administrative Assistant New Business—Public Hearings Case No. P10018 — 2900 Block of West Edgewood Drive (north side); Rezoning and Comprehensive Plan Amendment. Application filed by Leon and Carol Beck, property owners, to rezone an area consisting of 3.6 acres from RS-1 Low Density Residential to C-2 General Commercial and an associated amendment to the comprehensive plan development plan map to show the property as commercial. The property is located approximately 500 feet north of West Edgewood Drive immediately west of the Highway 179 intersection. The property is described as part of the Northwest Quarter of the Northeast Quarter of Section 15 and part of the Southwest Quarter of the Southeast Quarter of Section 10, Township 44 North, Range 12 West, Jefferson City, Cole County, Missouri. Mr. Barron described the proposal and explained that this property was annexed into the City of Jefferson as part of the Highway 179/Creek Trail/Frog Hollow Drive voter approved annexation in 2006. He stated that at that time the annexation plan of intent identified this property as residential. Mr. Barron explained that the property owner also owns the property to the south, which serves as access to the subject parcel from Edgewood Drive. He stated that the purpose of the request is to unify the zoning of the property and accommodate a future commercial development. Mr. Barron explained that the residential designation of the property within the annexation plan of intent necessitates a comprehensive plan amendment to re-designate the property as commercial. Mr. Paul Beck, 5113 Edinburgh Waye, spoke on behalf of the applicant and explained that the subject property is currently zoned RS-1 Low Density Residential and the request is to rezone it to C-2 General Commercial. He stated that at this time the applicant does not have specific plans to develop the property. Matt & Theresa Tolksdorf, 849 Weatherhill Road, expressed concerns regarding maintaining the existing tree buffer between the proposed commercial development and their property. Excerpt of Unapproved Minutes/Jefferson City Planning &Zoning Commission Page 2 August 12, 2010 Mr. Barron explained that this is a straight proposed rezoning to C-2 and any development plans would go through an administrative process because the property is not in a PUD district. He stated that there is a specific category of bufferyard requirements in the zoning code for developing a C-2 property bordering a single family property. Mr. Barron explained that within that category of bufferyards there are several options that a developer could choose anywhere from an open space bufferyard with no trees to a fairly narrow area with a row of trees and fence. He stated that with regards to establishing some sort of stipulation on the zoning of the property in order to require a specific type of bufferyard, a rezoning proposal can not have conditions attached to it. Mr. Barron explained that if rezoned to C-2, this property would be afforded alt of the rights of a C-2 property. He mentioned that there is no protection in the zoning code or the city code for cutting down trees. Mr. George inquired whether it would be appropriate to include in the motion that the developer would have to maintain that buffer for the Tolksdorf benefit. In response, Mr. Barron reiterated that the Commission can not attach conditions to a rezoning request. He explained that the buffer zone requirement is triggered with the development of the property. Joseph Scheppers, 817 Weatherhill Road, expressed concerns regarding access in and out of the subject property. In response to the concerns voiced by Mr. and Mrs. Tolksdorf, Mr. Beck explained that the applicant does not have a problem with the bufferyard remaining in place. He stated that they are trying to work with the adjacent landowners and chose not to remove any trees on that part of the property yet. Mr. Beck explained that the applicant built a berm in which to store topsoil and realized that this could be an area in which to plant a buffer zone in the future. Mr. Beck stated that Mr. Scheppers brought up a concern about access in and out of the property. He explained that when the applicant bought the property from the Wallendorfs they had a recorded easement from South Ten Mile Drive to their property for the purpose of ingress/egress. Mr. Beck stated that there was not an ingress/egress easement written for Mr. Scheppers to travel freely on the applicant's property to West Edgewood Drive, and this route has always been a private drive. He explained that Mr. Scheppers may not be aware that a 60 foot easement has been dedicated through this section of property for Ms. Doris Luecke to access her property to the north. Mr. Beck stated that this maybe something Mr. Scheppers will have interest in taking advantage of in the future. He reiterated that the applicant does not have specific plans to develop the subject property at this time. Mr. Beck explained that by rezoning to C-2 it makes the property more marketable. Correspondence was received in opposition to this request from Doris Houser Luecke, PC Box 105156, Jefferson City, Missouri. Mr. Barron gave the Planning Division staff report and explained that the comprehensive plan amendment would formalize the intended commercial use for the property and would serve to strengthen the commercial development pattern along West Edgewood Drive. He stated that the property gains access to West Edgewood Drive through the neighboring property to the south, which is under the same ownership and already zoned C-2. Mr. Barron explained that the requested rezoning would unify the zoning of these two properties. He stated that access would be off of West Edgewood Drive through the current C-2 portion. Mr. Dutoi inquired whether a piece of property zoned C-2 jutting into an RS-1 zoned area would create a peninsula of commercial zoning. In response, Mr. Barron explained that the area to the east of the property, while zoned residential, is all highway right-of-way. He stated that the requested rezoning would not create a peninsula of commercial zoning. Ms. McMillan pointed out that if access is going to be significantly different than access off of West Edgewood a traffic study may be required. City of Jefferson Planning & Zoning Commission VICINITY I k, Wy- O–H --50— MISSOURI O JI j -J, LU, T UJI T-k—A" ,C. N 41f -7j T- EMERALD=L'Nz� -;BRiARWC)(jj)jDR I f -------- I L�j N.Wb()6 pRll� -7--- T .7 IJ 1 I TT T N 2900 Block of West Edgewood (North Side) W E Rezoning from RS-1 to C-2 0 275 550 1,100 Feet and Comprehensive in IM + Plan Amendment S City of Jefferson Planning & Zoning Commission LOCATION 71 b 1t x 151a� t C5 j �ia f r a + of f r � Rl(j� 3 4+ AT` LL n}? �`{{#M�+tnM fill dl al.r s AMC k ih".t x`R Y B+1tt h m�-� 1pT-f-6kl Il ✓ ... r Y• tr5�' 11"' 1 nrec'at"�`�t be '.:. i✓� +tr,, '�t '�' �4y u{`t+t c - "i! R � rt k� z Case No. P10018 N 2900 Block of West Edgewood (North Side) Rezoning from RS-1 to C-2 0 70 140 280 Feet W E and Comprehensive Plan Amendment S APPLICATION FOR AMENDMENTS TO THE COMPREHENSN @ ^� ei _d City of Jefferson - Planning Division Department of Community Development 320 East McCarty Street AIL 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 ofR,i�5fS1 iTkShuz$�9t9p€6 Missouri, for the following amendment(s) to the City's Comprehensive Plan or Development Plan Land Use Map. 1 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. I. Whether public and community facilities,such as utilities,sanitaryand storm sewers,water, policeand 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: PProperty Owner OStaff /CIPlanning and Zoning/Commission Li=p,-r �'r-GCL �,1 ,!r�T/ T �cC•LL. Name (typed or printed) Signa ut re Applicant Information: Property Owner Name Address IZGO cn - >r ?= rr� 4 ( ry nnr oR Phone Number(s): (3-13) ( '5- tom^ Other Applicant Information: Name: Address: Phone Number For City Use Only.' Application Filing Fee S200 Application Filing Fee Received; Cash (indicate receipt n ) Check (copy, indicate check ) Attachments: Narrative Map App)icam)Project Information Sheet Paae of 1 May 6,2002 Property located in the 2900 Block of Rest Edgewood Drive(north side) Narrative - Comprehensive Plan Amendment Request Designation of Property as Commercial on Development Plan Map of Comprehensive Plan. 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 adoption of the annexation plan of intent for this area,this particular parcel of property was not identified as being ideal for commercial development. The proximity of Highway 179 and Edgewood Drive would seem to reinforce the commercial potential for the property. b. Whether events subsequent to the Comprehensive Plan adoption have invalidated the Commissions original premises and findings made upon plan adoption. Grading activities and commercial development trends in the area would seem to reinforce the suitability of the property for commercial use. c. Whether the change is consistent with the gw ais, objectives and policies of the Plan. Designation of the property as commercial within the Comprehensive Plan would not conflict 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. Grading activities and commercial development trends in the area would seem to reinforce the suitability of the property for commercial use. e. Whether the change is needed to improve consistency between the Comprehensive Plan and other adopted plans. There are no known conflicts with other adopted plans with regard to designation of the property as commercial within the Comprehensivc Plan. f. Whether public and community facilities, such as utilities, sanitary and storm sewers, water, police and fire protection, schools, parks and recreational facilities, roads, libraries, solid waste collection and disposal,and others are adequate to serve development for the type and scope suggested by the proposed zone. If utilities are not available,whether they can be extended reasonably. Necessary utilities exist an the site, or will be extended to serve the site. Exiting community services are adequate to serve the planned development of the property. Page I 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. Designation of the property as commercial would support the commercial development pattern in the area and add depth to the already zoned commercial property fronting on W. Edgewood Drive. h. Whether there will be benefits derived by the community or area by the proposed change. Designation of the property as commercial would strengthen the commercial development pattern along W. Edgewood Drive. Page 2 APPLICATION FOR ZONING ORDINANCE AMENDMENT p pp 6 ED ctkiv j:L 1 City of Jefferson - Planning Division Department of Community Development 320 East McCarty Street I Jefferson City, Missouri 65101 l� Phone(573) 634-6410 Fax (573) 634-6457 PLANNING AND The undersigned hereby petitions the Planning and Zoning Commission and City Council of NS0&F0VWh SERVICES i{ Adissouri' for the following amendment to the Zoning Code: I 1 Zoning Text Amendment (Describe below or attach complete narrative) g Article and Section Affected (if applicable) Description of proposed text amendment: y Zoning Map Amendment(Rezoning of Peal Estate) The undersigned hereby slate they are the owners of the following described real estate: Properly Address: 2=1c�o 6r� .k Legal/Property Description (write out or attach as an exhibit): Who petition to rezone the above described real estate from its present classification of RCS_ district to C-Z. district. The purpose of this rezoning request is to: f ALL-�J rs�„ {--y�tC' cc • mC" ai .7..-i'- .I'mCwI p ALL OWNERS OF REAL PROPERTY PROPOSED TO BE REZONED MUST SIGN THE APPLICATION,AND ALL SIGNATURE y MUST BE NOTARIZED. IF ADDITIONAL SIGNATURES ARE NEEDED, PLEASE ATTACH SEPARATE SHEETS. -- 1 Property Owner#1 Name (type orprint) Property Owner Signature la �L a , � C�� Ct• �r 1u Property Owner#2 Name (type or print) Property Owner Signature re me this day of _in the year ot'(J y0 N HIA A.LAMBERT Notary Public-Notary Seal / •N , J/r �, / L State of Missouri Commissioned for Cole County Notary My Commission Expires:September 08,2012 Qn,nnnigigg hi—h—no gjoog Address of Property Owner#1: t ZLIO Lc-CAr pp Address of Property Owner#2 Phone Number(s): Applicant Information (if different from property owner): Name: Address: Phone Number �I For City Use Only: Application Filing Fee S20G Payment Received: _Cash (Receipt # ) Check (Copy, check# e ) Attachmnts: Additional sheets or documentation Applicant/Project Information Sheet Location Map i Page 1 of 1 May 6.2002 i No.2005045so fl Bk 598 Pg 370 State of Ateeourt ZOOS Cole County ool RECORDED Zt3 pti 20, Apr� r34r35 PH Larry D. Rademan. Recorder of neade Feee L27.00 ut .�.JU.y GENERAL WARRANTY DEED This Iodcrthm Made on the 4udayof Qf1ri/ Oo By and between DORIS M.HOUSER NKA DORIS M_LU CZIK AND HENRY B.LUECKE,HER HUSBAND,GRANTOR(S) of the county of Cole,State of Missouri,party or patties of the first Port,and LEON P.BECK AND CAROL A-BECK,HUSBAND AND WIFE,GRANTEE(S),Grantees mailing addr m Al em LL[ram. ?a2 .Te7e,-s.ny e„ly,/710- ors/0 9 of the County of Cote. in the State of Missontt,parry m patties of the Second Part: TT' 1 Witnessed[,That said party or parties of the First Pan in Consideration of the sum of One Dollar and Offer Valuable Consideration paid by the said party or panics of the Seeand Port, the receipt of which is hereby aclmowledged, door bI these presents, GRANT, BARGAIN AND SELL,CONVEY AND CONFIRM unto the said party a parties of the Second Pen,and to theheirs,suauzsom orassigns of such party ar parties,the following descnbed lots,trace or parcels of land lying being and situat in the Countfof Cole)State of Missouri, to wit: PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15 AND PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHP 44 NORTH, RANGE 12 WEST, COLE COUNTY MISSOURI; MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 10; THENCE NORTH 05 DEGREES 47 MINUTES 46 SECONDS WEST, ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 10, 150.00 FEET TO THE NORTHWEST CORNER OF THE PROPERTY DESCRIBED IN BOOK 294,PAGE 30,COLE COUNTY RECORDER'S OFfCE AND THE POINT OF BEGINNING FOR THIS DESCRIPTION;THENCE NORTH 05 DEGREES 47 MINUTES 46 SECONDS WEST, ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 10, 200.18 FEET; THENCE NORTH 81 DEGREES 45 MINTUES 11 SECONDS EAST, 640.10 FEET TO THE WESTERLY RIGHT OF WAY LINE OF MISSOURI STATE ROUTE 8179;THENCE SOUTH 22 DEGREES 53 MINUTES 21 SECONDS EAST, ALONG SAID WESTERLY RIGHT OF WAY LINE OF MISSOURI STATE ROUTE#17% 164.491FEET; THENCE SOUTH 19 DEGREES 25 MINUTES 43 SECOND EAST,ALONG THE WESTERLY RIGHT OF WAY LINE OF MISSOURI STATE ROUTE#179,291.92 FEET TO THE EASTERLY BOUNDARY OF SAID PROPERTY DESCRIBED IN BOOK 284, PAGE 30; THENCE NORTH 51 DEGREES 37 MINUTES 21 SECOND WEST, ALONG THIN EASTERLY BOUNDARY OF SAID FROPERTY IN BOOK 284, PAGE 30, 324.30 FEET TO THE NORTHEASTERLY CORNER THER87F; THENCE SOUTH 81 DEGREES 45 MINUTES 11 SECONDS WEST, ALONG THE NORTHERLY BOUNDARY OF SAID PROPERTY IN BOOK 284,PAGE 30,527-19 FEET TO THE POINT OF BEGINNING. SUBJECTTO EASEMENTS AND RESTRICTIONS OF RECORD i i i i i 1 i 46452 I t TO HAVE AND TO HOLD the premises aforesaid, with all and singular the right; privileges, appunew and immunities thereto belonging or in anywise appertaining, unto the said party or panics of the Second Part and unto the heirs,tuccnssons or assigns of such pasty or parties FOREVER,the said party or ponies of the first pan herthy covenanting thvt said pony or pmtes am lawfully seized of an indefeasible elate in fee in the premirrs herein conveyed; that said party or parties have good right to convey the`sam„ that the said premises arc flee and dear of any ineumbrences done or suffered by said parry or parks of the tits part or emsc undcr,whom sold pony or parties of the first part claim and that said party or parties of the fast part will WARRANT AND DEFEND the tide b said premiss unto the said petty or parties of the Second Part, and unto the heirs,successors or assigns,of the party or parties of the mcndd part FOREVER, against the lawful claims or .deounds of eU persons whomsuavcr. I IN WfiNFSS WHEREOF,We said party or parties of the First Pan beemsm set their hand at hinds the day and year first above written. i DORIS M.HOUSER NKA DORIS M. HENRY B64MCKE ; LUECKE i I STATE OF MISSOURI COUNTY OF COLE : �Q Onthis11%yof n�/ .�+ ,Sbcf=mepusmiefly appeared DORIS M.ROUSER NKA DORTS M.LUECKE AND HENRY H.LUECKE,HER HUSBAND to me!mown to be the person or persons described in and who executed the foregoing insrumcril,and acknowledged flirt said person or pc®ns umued the mama as said person's or permns•fax act and deed. ' i IN TESTIMONY-WHEREOF,L have hereunto set my hand and affixed my official scat in the County and State afxesaid,the day and year loaf above writtai. li My commission expires - Notary blic Fmvcont EILEENJ.RICH TER ottary Public-Notary Sall STATE OF MISSOURI County of Cole m�aion Egdm� hLay 22 2M6 r i 46482 Or 1 ffft ,s City Of Jefferson W ;? I ' ll g John Landwehr Mayor Department of Community Development Patrick E. Sullivan, P.E.; Director 320 East McCarty Street _ Phone: (573) 634-6410 Jefferson City, Missouri 65101 525 Fax: (573) 634-6457 July 29, 2010 Dear Property Owner: This letter is to notify you that the Jefferson City Planning and Zoning Commission will meet 2t5:15 p.m. on Thursday, August 12, 2010 in the Council Chambers of the John G. Christy Municipal Building, 320 East McCarty Street, to consider the following matter(see map or back): Case No. P10018 — 2900 Block of West Edgewood Drive (north side); Rezoning and Comprehensive Plan Amendment. Application filed by Leon and Carol Beck, property owners, to rezone an area consisting of 3.6 acres from RS-1 Law Density Residential to C-2 General Commercial and an associated amendment to the comprehensive plan development plan map show the property as commercial. The property is located approximately 500 feet north of West Edgewood Drive immediately west of the Highway 179 intersection. The properly is described as part of the Northwest Quarter of the Northeast Quarter of Section 15 and part of the Southwest Quarter of the Southeast Quarter of Section 10, Townsho 44 North, Range 12 West, Jefferson City, Cole County, 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 Community Development/ Planning Division 573-634-6457 mail: Dept. of Community Development/ 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 September 20, 2010. 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. DEPARTMENT OF OF COMMUNITY DEVELOPMENT Eric Barron, AICP Senior Planner City of f f e r s® rT PAN .Jefferson City Planning& Zoning Commission Property= Owner List Case No. P 1001 S 2900 Block of W. Edgewood Drive (north side) August 12,2010 Tolksdorf, Matthias H & Theresa Ann S49 Weatherhill Rd Jefferson City, MO 65109 S49 Weatherhill Rd Stone Creek Management L L C 1200 Lecar Dr Jefferson City, MO 65109 2930 W. Edgewood Dr Schcppers, .Joseph N & Brenda K 517 Weatherhill Rd .Jefferson City, MO 65109 S17 Weatherhill Rd S & O Development L L C 2421 W Edgewood Dr .Jefferson City, MO 65109 2727 W. Edgewood Dr Land Investments L L C 3514 Liberty Rd .Jefferson City, MO 65101 Houser, Doris M c/o Doris M Luecke PO Box 105156 .Jefferson City, MO 65110 Beck, Leon P & Carol A 1200 Lecar Dr Jefferson City, MO 65109 PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION August 12,2010 Case No. PI 0018 —2900 Block of West Edgewood Drive (north side); Rezoning and Comprehensive Plan Amendment. Application filed by Leon and Carol Beck, property owners, to rezone an area consisting of 3-6 acres from RS-1 Low Density Residential to C-2 General Commercial and an associated amendment to the comprehensive plan development plan map show the property as commercial. The property is located approximately 500 feet north of West Edgewood Drive immediately west of the Highway 179 intersection. The property is described as part of the Northwest Quarter of the Northeast Quarter of Section 15 and part of the Southwest Quarter of the Southeast Quarter of Section 10, Township 44 North, Range 12 West,Jefferson City, Cole County, Missouri. Zoning History This property was annexed into the City of Jefferson as part of the Highway 179/Creek Trail/Frog Hollow Drive voter approved annexation that took place in 2006. At that time the annexation plan of intent identified this property as residential. Nature of Request This request is to rezone a parcel consisting of 3.6 acres from RS-1 to C-2. The property owner also owns the property to the south, which serves as access to the subject parcel from Edgewood Drive. The purpose of the request is to unify the zoning of the owners property and accommodate a future commercial development of the property. The residential designation of the property within the annexation plan of intent necessitates a comprehensive plan amendment to re-designate the property as commercial. Zoning and Surrounding Land Use Current Zoning: RS-I Current Use: Undeveloped Requested Zoning: C-2 Intended Use: Commercial Surrounding Zoning Surrounding Uses North RS-1 Undeveloped South C-2 Graded for Commercial Development East C-2 Undeveloped West RS-I Single. Fannil Allowed Uses: Allowed Uses: Some of tine allowed uses within the C-2 zoning district include general retail, restaurants, gas stations, and offices. Please see Exhibit 35-28 in the Zoning Code for a complete list of permitted uses. Staff Analvsis Standard checklist for rezoning: Yes No Notes: Complies with Comprehensive Plan X While the development plan map shows the area around the Edgewood Drive/Hwy 179 interchange as commercial,the annexation plan of intent identified this property as residential. A comprehensive plan amendment request has been submitted to establish the commercial designation for the 2ro2erty. Has access to necessary utilities X Necessary utilities can be extended to serve the property. Located outside flood zone X The property does not lie within the 100 year flood lain. Meets district size requirement X The property exceeds the minimum district size of one acre. Planning and Zoning Commission August 12, 3010 Case No. PI 0018 Page 2 Benefit to City is substantial when compared to X The requested zoning of the property would adverse affects on adjacent property I benefit the city by providing more commercial property near the Highway 179 /Edgewood Drive intersection. The rezoning would not be a grant of privilege to X The public would benefit from the commercial the owner with little or no benefit to the mblic utilization of the property. After rezoning, the allowed uses would be X The proposed rezoning would mufy the zoning compatible with uses allowed in adjacent districts of the property with the property to the south. After rezoning, the allowed uses would be X Edgewood Drive is being,developed as a com atible with adjacent existing land uses commercial corridor. If not rezoned, the owner would be deprived of use X The property to the south is currently zoned advantages enjoyed by surrounding owners C-2. (reverses of zoning) The requested rezoning would be an expansion of X i The requested rezoning would be an expansion an existing district of the C-2 district to the south. Staff Recommendation Comprehensive Plan Amendment: While the Development plan map shows that the Highway 179 / West Edgewood Drive intersection is intended for commercial development, the annexation plan of intent identified the property as residential. The requested comprehensive plan amendment would formalize the intended commercial use plan for the property and would serve to strengthen the commercial development pattern along West Edgewood Drive. Staff recommends approval of the Comprehensive Plan Amendment. Rezoning Request: The property gains access to West Edgewood Drive through the neighboring property to the south, which is under the same ownership and already zoned C-2, and has been graded in anticipation of a future commercial development. The requested rezoning would unify the zoning of the two properties and would serve to strengthen the commercial development potential for the area. Staff recommends approval of the rezoning request. Approve I Deny Neutral Staff Recommendation X Form of Motion 1. Motion to approve the requested Comprehensive Plan Amendment to show the property as commercial. 2. Motion to approve the request to rezone the property f i-om RS-I to C-2.