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
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Case No. P10018
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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
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46452
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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
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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.