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Home My Public Portal AboutORD14719 BILL NO. 2010-57 SPONSORED BY COUNCILMAN, Strruujemph ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING, AMENDING, AND MODIFYING THE ZONING MAP OF THE ZONING CODE OF THE CITY OF JEFFERSON, BY REZONING 13 ACRES FROM RS-1 LOW DENSITY RESIDENTIAL TO C-2 GENERAL COMMERCIAL, FOR LAND LOCATED IN THE 2900 BLOCK OF WEST EDGEWOOD DRIVE (SOUTH 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: Tract 2 of a Lot Division recorded in Book B, Page 39, Cole County Recorders Office, being a part of the Northwest Quarter of the Northeast Quarter and part of the Southwest Quarter of the Northeast Quarter of Section 15,Township 44 North, Range 12 West, in the City of Jefferson, Missouri. Containing 13 acres, more or less. 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. Section 3. This ordinance shall be in full force and effect from and after its passage and approval. Passed: 1� 1 � � r�� Approved )7 Presiding/Officer jJ / / �- ST: APPR ?VED/ TO FORM: 4 0�&Z� 7 1 City Clefl< - City Counselor 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 Mihalevich 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. P10019 — 2900 Block of West Edgewood Drive (south side); Rezoning and Comprehensive Plan Amendment. Application filed by Stonecreek Management LI-C, property owner, Leon and Carol Beck, authorized representatives, to rezone an area consisting of 13 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 on the south side 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 and part of the Southwest Quarter of the Northeast Quarter of Section 15, Township 44 North, Range 12 West, Jefferson City, Cole County, Missouri. Mr. Barron described the proposal and explained that this request is to rezone a parcel consisting of 13 acres from RS-1 to C-2. He stated 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. Mr. Barron explained that at the time of annexation, the property was part of a larger parcel of land that included a number of residential houses located off of Lecar Drive (to the south). He stated that a parcel division was approved administratively in 2008 that divided the property along the creek, thereby separating the residential portion of the property from the undeveloped portion. Mr. Barron explained that the identification of the property as residential in the annexation plan of intent and designation as commercial/medium density residential on the comprehensive plan development plan map necessitates a comprehensive plan amendment to support the proposed zoning. Mr. Paul Beck, 5113 Edinburgh Waye, spoke on behalf of the applicant and explained that at the time of the voluntary annexation the property was zoned RS-1 and was not divided into two parcels of land. The residential uses south of the creek have since been divided off from the subject property. Mr. Beck explained that access is off of West Edgewood Drive. Mr. Beck explained that at this time the applicant does not have specific plans to develop the property. No one spoke in opposition and no correspondence was received. Excerpt of Unapproved Minutes /Jefferson City Planning &Zoning Commission Page 2 August 12, 2010 Mr. Barron gave the Planning Division staff report and explained that the proposal would formalize the intended commercial use plan for the property and would serve to strengthen the commercial development pattern along West Edgewood Drive. Mr. Stacey moved and Mr. Yarnell seconded to recommend approval of the Comprehensive Plan Amendment to show the property as commercial, to the City Council. The motion passed 8-0 with the following votes: Aye: Cotten, Deeken, Dutoi, George, Lester, Mihalevich, Stacey, Yarnell Mr. Stacey moved and Mr. Yarnell seconded to recommend approval of rezoning the property from RS-1 to C-2 to the City Council. The motion passed 8-0 with the following votes: Aye: Cotten, Deeken, Dutoi, George, Lester, Mihalevich, Stacey, Yarnell City of Jefferson Planning & Zoning Cornmission VICINITY 50—NW1-5 MISS.O:URI=BLV tD M I H ARM ROCkb-9R' NR�A D' N- E-ME- " KENBRWpIgR'D•NOOD "I R LW',EpI GE-WOOD=DR `i �� 11 �,�, \r• mot` I I-��/� `(�'` Ac^.',,��'e EAGLE-. r �JF W- �� Z Z- Dr N 2900 Block of West Edgewood (South Side) 0 365 730 1,460 Feet w E Rezoning from RS-1 to C-2 and Comprehensive Plan Amendment S City of Jefferson Planning & Zoning Commission LOCATION t 0 �`,fy '-�a 1 '��[. n'a' r dad ti n't�" �'° t° ✓�� vt 5 1�71s t v'H:E hn �� t(Q�-+'Ir'�r. �� ._�r.�®�G•:,x Tf�P' it 3—,�,�.'�'� r�` m — ,OOD DR = t W: EDGEW� d t ' to § y 4y�" Yl' ',..F @�jefryk..'�.. � f •T�_� Y� `42 F 1 L � y`'n Thl. � Sit_ GOV., rQ 3 p 'Yw , HOLLO , � q 7�IR i �1 1 p Case No. P10019 N 2900 Block of West Edgewood (South Side) Rezoning from RS-1 to C-2 0 130 260 520 Feet W E and Comprehensive Plan Amendment 3 APPLICATION FOR AMENDMENTS TO THE COMPREHENSI E Lo eci°ed: City of Jefferson -Planning Division Department of Community Development 320 East McCarty Street JUL 2 1 2010 Jefferson City, Missouri 65101 Phone (573) 634-6410 Fax (573)634-6457 The undersigned hereby petitions the Planning and Zoning Commission and City Cou TRA POANA�INGACcD n Missouri, for the following amendment(s) to the City's Comprehensive Plan or Development Plan Land Use Map. ❑ Text Amendment X 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 ortrends that were reasonably foreseeable to exist in the future. b. Whether events subsequent to the Comprehensive Plan adoption have invalidated the Commission's original premises and findings made upon plan adoption. C. Whether the change is consistent with the goals, objectives and policies of the Plan. d. Whether events subsequent to the Comprehensive Plan adoption have changed the character and/or condition of the area so as to make the application acceptable. e. Whether the change is needed to improve consistency between the Comprehensive Plan and other adopted plans. f. Whether public and community facilities,such as utilities,sanitaryand stormsewers,water,police and fire protection, schools, parks and recreational facilities, roads, libraries, solid waste collection and disposal, and others are adequate to serve development for the type and scope suggested by the proposed zone. If utilities are not available, whether they can be extended reasonably. g. Whether there is an adequate supply of land available in the subject area and the surrounding community to accommodate the zoning and community needs. h. Whether there will benefits derived by the community or area by the proposed change. Amendment Requested by: Property Owner OStaff OPlannii ng and Zoning Commission ` /in Name (typed or printed) Signature Applicant Information: Property Owner Name Leeqi P- Address I ZUy f e a2 De ��C't=i+• J /' rt iNn !-Gii bat Phone Number(s): e773- l �iS-'7'IF7 Other Applicant Information: Name: Address: Phone Number For City Use Only: Application Filing Fee$200 Application Filing Fee Received: Cash (indicate receipt# ) Check (copy; indicate check# ) Attachments: Narrative _Map `ApplicanUProject Information Sheet Page 1 of 1 May 6,2002 Property located in the 2900 Block of West Edgewood Drive (south 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 frontage on 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 goals, 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 Comprehensive 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 on the site, or will be extended to serve the site. Exiting community services are adequate to serve the planned development of the property. Page 1 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 additional conmrercially zoned 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 AMENDMENTt � �e City of Jefferson - Planning Division D ' Department of Community Development 320 East McCarty Street JUL 1 �p Jefferson City, Missouri 65101 Phone (573) 634-6410 Fax(573) 634-6457 The undersigned hereby petitions the Planning and Zoning Commission and City Council f the A��jj��INGA60 9 YP 9 9 Y �hN rPf�(6RSFMCES Missouri, for the following amendment to the Zoning Code: O 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: 2100 13L_CuE es Psi.EL� Sri c/ x -rt ain Legal/Pro erty Description (write out or attach as an exhibit): �rn . �o i h /�oO�C C /� 2r"S Who petition to rezone the above described real estate from its present classification of RS - ) district to c_- 2 district. The purpose of this rezoning request's to: Ai-La-) rc L' PLr e^ coon c ac ra cEvc -,'n Grr ALL OWNERS OF REAL PROPERTY PROPOSED TO BE REZONED MUST SIGN THE APPLICATION,AND ALL SIGNATURE MUST BE NOTARIZED. IF ADDITIONAL SIGNATURES ARE NEEDED, PLE SE ATTACH SEPARATE SHEETS- 4/eon — Property Owner#11/Name (type or print) Property Owner/Signature (2Q hJ l g >C�B� �� U. Property Owner#2 Name (type or print) Property Owner Signature ts cn k�� this C day of� I in theyear, . Notary Public-Notary Seal tJ// / ,/(� � �� STATE OF MISSOURI �11a(.%�/I�XX Cale County Notary Public Commission it 09439912 Address of Property Owner#1: itch i-- n� Lam`+ /N O ('^S I r Address of Property Owner#2 Phone Number(s): (5n3) (x,35 -7'1&2 Applicant Information (if different from property owner): Name: Address: Phone Number For City Use Only: Application Filing Fee$206 Payment Received: Cash (Receipt# ) Check (Copy; check # ) Attachments: Additional sheets or documentation Applicant/Project Information Sheet Location Wap Pace 1 of t May&2002 u W, -."HAMM! ;_JPrjl��f U. A E'.A A MUM Mf;4 1 A. a3ESJ '4 j1;Jfl1j1`fR M R IW r _'A�Jjij"jj �fljjjfjl� �.Hg. ... q EEFg, finlj!la�g'fr Z z ci M41N=l Mt A. WHIM] 141 AM. t S- S l pffl "i-fl-Milif 'H '' 3 1713� •'J RI iY' 1,10"B1,21i Sg't 1; .A 1111M A. 'Rim SW ig U i Hr� fl; 7 `. -.i �gie . . I , A 4 14 mijiffl X�' Lu > _.ar w oL 03 or 4a 1 JOiW 0 IT <0 -Z Lu a FUM F, <— Z'4 L5 I c' 0 Z ,R uo9a < CITY OF JEn RSON CITY LIMTS 5NIN Z tJN SECTION LINE o5 6"Ndzond N I I 0 U= 0 HN 0 0 0 !t Or J ff4 f I 9 0 City of Jefferson ? o i 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 25 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 at 5:15 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 on back): Case No. P10019 — 2900 Block of West Edgewood Drive (south side); Rezoning and Comprehensive Plan Amendment. Application filed by Stonecreek Management LLC, property owner, Leon and Carol Beck, authorized representatives, to rezone an area consisting of 13 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 on the south side 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 and part of the Southwest Quarter of the Northeast Quarter of Section 15, Township 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 COMMUNITY DEVELOPMENT Eric Barron, AICP Senior Planner city�f,.,. :: e erson « ��1 COMMUNffY DEVELOPMENT �� IU `r. .. Jefferson City Planning& Zoning Commission Page I Property Owner List Case No. P10019 2900 Block of W. Edgewood Drive(south side) August 12, 2010 Stone Creek Management L L C Honse, Kenneth &Anita 1200 Lecar Dr 2725 Cedarwood Ct Jefferson City, MO 65109 Jefferson City, MO 65109 2930 W. Edgewood Dr 2725 Cedarwood Ct 1218 Lecar Dr Campbell, Roy P Enloe, Steven D & Sigrid M Joy Roesger & Johnny Campbell 2724 Kenwood Dr c/o Joy Roesger Jefferson City, MO 65109 2025 W. Edgewood Dr 2724 Kenwood Dr Jefferson City, MO 65109 2715 Eagle Dr Howland, John R & Deborah M Trustees 2725 Kenwood Dr Honse, Kenny Scott & Sharon Anne Jefferson City, MO 65109 1704 Bunker Hill Rd 2725 Kenwood Dr Jefferson City, MO 65109 2719 Cedarwood Ct Montee, Susan K & James A 2715 Kenwood Dr Lucia, Catherine Jefferson City, MO 65109 2409 Flamingo Rd 2715 Kenwood Dr Jefferson City, MO 65109 2715 Briarwood Dr Kneeskern, Ronald D & Susan K 2715 Cedarwood Ct Feather, Tony& Jean Jefferson City, MO 65109 2720 Tanglewood Dr 2715 Cedarwood Ct Jefferson City, MO 65109 2720 Cedarwood Ct Ferguson, Gary A & Terri L 2711 Cedarwood Ct Dunafon, Darrell M & Sandra L Jefferson City, MO 65109 c/o Jean Feather 2711 Cedarwood Ct 2720 Tanglewood Dr Jefferson City, MO 65109 Lecar L L C 1200 Lecar Dr Scheppers, Joseph N & Brenda K Jefferson City, MO 65109 817 Weatherhill Rd 1307 Lecar Dr Jefferson City, MO 65109 1313 Lecar Dr 1308 Lecar Dr City Of Jefferson 1321 Lecar Dr 320 E Mccarty St 1312 Lecar Dr Jefferson City, MO 65101 1320 Lecar Dr 1303 Lecar Dr 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. P10019—2900 Block of West Edgewood Drive (south side); Rezoning and Comprehensive Plan Amendment. Application filed by Stonecreek Management LLC, property owner, Leon and Carol Beck, authorized representatives, to rezone an area consisting of 13 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 on the south side 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 and part of the Southwest Quarter of the Northeast Quarter of Section 15, 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 the time of annexation, the property was part of a larger parcel of land that included a number of residential houses located off of Lecar Drive (to the south). A parcel division that divided the property along the creek, thereby separating the residential portion of the property from the undeveloped portion, was approved administratively in 2008. At the time of annexation the annexation plan of intent identified this property as residential. Nature of Request This request is to rezone a parcel consisting of 13 acres from RS-1 to C-2. The identification of the property as residential in the annexation plan of intent and designation as commercial/medium density residential on the comprehensive plan development plan map necessitates a comprehensive plan amendment to support the proposed zoning. Zoning and Surrounding Land Use Current Zoning: RS-I Current Use: Undeveloped Requested Zoning: C-2 Intended Use: Commercial Surrounding Zoning Surrounding Uses North C-2 Undeveloped South RS-] Single Family Residential East RS-I Single Family Residential West PUD/RA-1 Greenway Trail Parking/Undevelo ed Pro e Owned b Ci Allowed Uses: Allowed Uses: Some of the 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 and the development plan map shows part of the property as medium density residential. A comprehensive plan amendment request has been submitted to support the proposed commercial zoning for the property. Has access to necessary utilities X Necessary utilities can be extended to serve the property. Located outside flood zone X A portion of the property,adjacent to the creek, is subject to flooding. Planning and Zoning Cotmnission August 12, 2010 Case No. P10019 Page 2 Meets district size requirement X The property exceeds the minimum district size of one acre. Benefit to City is substantial when compared to X The requested zoning of the property would adverse affects on adjacent property 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 tfie public utilization of the property. After rezoning, the allowed uses would be X The proposed rezoning would bring the allowed compatible with uses allowed in adjacent districts uses in line with other commercial properties on Edgewood Drive. After rezoning, the allowed uses would be X Edgewood Drive is being developed as a compatible with adjacent existing land uses commercial corridor. If not rezoned, the owner would be deprived of use X The property to the north is currently zoned advantages enjoyed by surrounding owners C-2. (reverses of zoning) The requested rezoning would be an expansion of X The requested rezoning would be an expansion an existing district of the C-2 district to the north. 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 and the . development plan map identifies a portion of this property as Medium Density 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 has frontage on West Edgewood Drive, which is an arterial roadway that is being developed as a commercial corridor. 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 from RS-1 to C-2.