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HomeMy Public PortalAboutORD14684 BILL NO. 2010-24 SPONSORED BY COUNCILMAN ORDINANCE NO. 141,4 N 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 1.02 ACRES OF LAND ADDRESSED AS 2821 SOUTH TEN MILE DRIVE FROM C-O OFFICE COMMERCIAL TO C-1 NEIGHBORHOOD COMMERCIAL. WHEREAS, It appears that the procedures set forth in the zoning code relating to zoning have in all matters been complied with. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The following described real estate is rezoned from C-O Office Commercial to C-1 Neighborhood Commercial: Part of the Southeast Quarter of the Northeast Quarter of Section 10, Township 44 North, Range 12 West, in the City of Jefferson, Missouri, more particularly described as follows: From the Southeast corner of the Southeast Quarter of the Northeast Quarter of said Section 10;thence North 02 Degrees 31 Minutes 40 Seconds East,along the section line, 1250.85 feet to the south right of way line of Missouri Boulevard;thence westerly along the south right of way line of said Missouri Boulevard and along the south right-of-way line of South Ten Mile Drive Connection, said south right-of-way lines being defined in the plans of Missouri State Highway Department as per Project Nos. F-50-3(4) and F-50-3(27), on the following courses and distances:North 86 Degrees 25 Minutes 46 Seconds West,66.69 feet;thence South 85 Degrees 08 Minutes 36 Seconds West, 126.88 feet; thence South 20 Degrees 49 Minutes 40 Seconds West, 45.12 feet; thence North 73 Degrees 51 Minutes 16 Seconds West,39.82 feet;thence on a curve to the left, having a radius of 697.22 feet, an arc distance of 220.12 feet(the chord of said curve being South 62 Degrees 00 Minutes 17 Seconds West, 219.20 feet); thence South 52 Degrees 57 Minutes 37 Seconds West, 355.31 feet to the Beginning Point of this description; thence leaving the south right-of-way line of the South Ten Mile Drive Connection, South 36 Degrees 40 Minutes 39 Seconds East,225.00 feet;thence South 60 Degrees 38 Minutes 06 Seconds West, 197.94 feet to a point intersecting the southerly extension of the easterly line of a tract described by deed of record in Book 166, Page 229,Cole County Recorder's Office;thence North 36 Degrees 55 Minutes 31 Seconds West, along said line extension and along the easterly line of said tract in Book 166, Page 229, 225.00 feet to a point on the south right-of-way line of the aforesaid South Ten Mile Drive Connection; thence North 60 Degrees 55 Minutes 47 Seconds East, along the south right-of-way line of the South Ten Mile Drive Connection, 190.69 feet;thence North 52 Degrees 57 Minutes 37 Seconds East, along the south right-of- way line of the Ten Mile Drive Connection, 8.29 feet to the beginning point of this description. Containing approximately 1.02 acres. Section 2. This ordinance shall be in full force and effect from and after its passage and approval. r 1 Passed �` 4T,"'L( / `�,�1' Approve L. Pres(iding Officer V.or i ATTEST- APP VED is TO FORM: (City CI — City % uhselor NOTICE OF PUBLIC HEARINGS ON PLANNING AND ZONING MATTERS The City Council of the City of Jefferson,Missouri,will hold public hearings on the following planning and zoning matters on Monday, June 21, 2010 at 6:00 p.m. in the Council Chamber of the John G. Christy Municipal Building, 320 East McCarty Street, Jefferson City, Missouri. 1. ADOPTION OF THE SOUTH TEN MILE DRIVE/ KENBORG HILLS NEIGHBORHOOD PLAN. Incorporation of the South Ten Mile Drive/Kenborg Hills Neighborhood Plan as a sub-area plan in Chapter 10 of the Jefferson City Comprehensive Plan and designation of the area contained within the South Ten Mile Drive / Kenborg Hills Neighborhood as commercial on the development plan map of the Comprehensive Plan. The South Ten Mile Drive / Kenborg Hills Neighborhood consists of 53 property parcels and approximately 24 acres located south of Missouri Boulevard and east of Missouri Highway 179. The street addresses of the properties contained within the neighborhood area include 2826, 2827, 2830, 2831, 2832, 2833, 2836, 2839, 2840, 2847, 2848, 2849, 2852, 2853, 2854, 2900, 2902, 2904, 2906, 2910, 2914, 2919, 2922, 2926, and 2928 South Ten Mile Drive; 2803, 2805, 2807, 2809, 2811, 2812, 2813, 2814, 2815, 2816, 2817, 2820, 2821, 2822, 2823, 2901, 2904, 2905, 2906, 2907, 2908, 2910, and 2911 Kenborg Hills Road; 614, 616, 619, 620, and 622 Tomlee Road;and four(4) unaddressed parcels identified by parcel numbers 10- 02-10-0004-002-003, 10-02-10-0001-002-030, 10-02-10-0001-002-042,and 10-02-10-0001-002-048. The area is described as part of Section 10, Township 44 North, Range 12 West. The full legal descriptions of the affected properties, maps of the area, and copies of the neighborhood plan are on file in Room 120, Department of Community Development, and are available for review during regular business hours. 2. 2821 SOUTH TEN MILE DRIVE - REZONING 1.02 ACRES FROM C-O OFFICE COMMERCIAL TO C-1 NEIGHBORHOOD COMMERCIAL. Part of the Southeast Quarter of the Northeast Quarter of Section 10, Township 44 North, Range 12 West, in the City of Jefferson, Missouri, more particularly described as follows: From the Southeast corner of the Southeast Quarter of the Northeast Quarter of said Section 10;thence North 02 Degrees 31 Minutes 40 Seconds East, along the section line, 1250.85 feet to the south right of way line of Missouri Boulevard; thence westerly along the south right of way line of said Missouri Boulevard and along the south right-of-way line of South Ten Mile Drive Connection, said south right-of-way lines being defined in the plans of Missouri State Highway Department as per Project Nos. F-50-3(4) and F-50-3(27), on the following courses and distances: North 86 Degrees 25 Minutes 46 Seconds West,66.69 feet;thence South 85 Degrees 08 Minutes 36 Seconds West, 126.88 feet; thence South 20 Degrees 49 Minutes 40 Seconds West, 45.12 feet; thence North 73 Degrees 51 Minutes 16 Seconds West, 39.82 feet; thence on a curve to the left, having a radius of 697.22 feet, an arc distance of 220.12 feet(the chord of said curve being South 62 Degrees 00 Minutes 17 Seconds West, 219.20 feet); thence South 52 Degrees 57 Minutes 37 Seconds West,355.31 feet to the Beginning Point of this description;thence leaving the south right-of-way line of the South Ten Mile Drive Connection, South 36 Degrees 40 Minutes 39 Seconds East, 225.00 feet; thence South 60 Degrees 38 Minutes 06 Seconds West, 197.94 feet to a point intersecting the southerly extension of the easterly line of a tract described by deed of record in Book 166, Page 229, Cole County Recorder's Office;thence North 36 Degrees 55 Minutes 31 Seconds West, along said line extension and along the easterly line of said tract in Book 166, Page 229, 225.00 feet to a point on the south right-of-way line of the aforesaid South Ten Mile Drive Connection; thence North 60 Degrees 55 Minutes 47 Seconds East, along the south right-of- way line of the South Ten Mile Drive Connection, 190.69 feet;thence North 52 Degrees 57 Minutes 37 Seconds East,along the south right-of-way line of the Ten Mile Drive Connection, 8.29 feet to the beginning point of this description. Containing approximately 1.02 acres. 3. 1505 E. HIGH STREET — REZONING 1.12 ACRES FROM RS-4 MEDIUM DENSITY RESIDENTIAL AND C-2 GENERAL COMMERCIAL TO C-1 NEIGHBORHOOD COMMERCIAL AND ENDORSING AN ASSOCIATED COMPREHENSIVE PLAN AMENDMENT. Section 1. Rezoning the following described property from C-2 to C-1: Part of Outlot 72 in the City of Jefferson, Missouri, particularly described as follows: Beginning at a point on the southerly line of said Outlot 72,which said point is 347 1/2 feet easterly from the southwesterly corner of a tract land conveyed by James L. Minor to Simon Wulser as shown of record in Book "W" at Page 91, Cole County Recorder's Office; thence from said point of beginning North 25 Degrees 12 Minutes East(Magnetic) 150 feet, more or less,to the zoning boundary line;thence easterly along the zoning boundary line 110 feet, more or less, to a point on the northwest corner of Lot 2 of Lincoln Subdivision;thence South 25 Degrees 12 Minutes West, 150 feet, more or less,to the northerly line of High Street; thence westerly along the northerly line of High Street 110 feet to the point of beginning. Except that part conveyed to the State of Missouri, by deed dated February 15, 1927 of record in Book 65, Page 410, Cole County Recorder's Records. Containing approximately 0.35 acres; AND Section 2. Rezoning the following described property from RS-4 to C-1 and designating it as Commercial on the Development Plan Map of the Comprehensive Plan: Part of Outlot 72 in the City of Jefferson, Missouri, particularly described as follows: From at a point on the southerly line of said Outlot 72, which said point is 3471/2 feet easterly from the southwesterly corner of a tract land conveyed by James L. Minor to Simon Wulser as shown of record in Book "W" at Page 91, Cole County Recorder's Office;thence from said point North 25 Degrees 12 Minutes East(Magnetic) 150 feet, more or less, to the zoning boundary line and the point of beginning; thence from said point of beginning North 25 Degrees 12 Minutes East(Magnetic)305 feetto a point in the middle of a ravine; thence easterly with said ravine to a point which if measured at right angle with above mentioned 455 foot line would be 110 feet easterly thereof; thence South 25 Degrees 12 Minutes West, 305 feet, more or less,to a point on the northwest corner of Lot 2 of Lincoln Subdivision;thence westerly along the zoning boundary line 110 feet, more or less, to the point of beginning. Containing approximately 0.77 acres. Phyllis Powell, City Clerk, City of Jefferson, Missouri P.T. - Friday, June 4, 2010 For contact information only. Department of Community Development/Planning Division 320 East McCarty Street, Room 120, Jefferson City, Missouri 65101 Contact: Anne Stratman or Janice McMillan Phone (573) 634-6475 Fax (573) 634-6457 EXCERPT OF UN-APPROVED MINUTES JEFFERSON CITY PLANNING AND ZONING COMMISSION May 13, 2010 5:15 p.m. COMMISSION MEMBERS PRESENT ATTENDANCE RECORD Randy Bickel 8 of 12 Bob George 8 of 12 Chris Jordan, Vice Chairman 10 of 12 J. Rick Mihalevich 11 of 12 John Lake 7 of 12 David Nunn 10 of 12 Chris Yarnell 10 of 12 Scott Stacey, Alternate 10 of 12 Michael Lester, Alternate 5 of 5 COMMISSION MEMBERS ABSENT Jack Deeken 8 of 12 Dean Dutoi, Alternate 4 of 9 Ralph Robinett, Chairman 11 of 12 EX-OFFICIO MEMBERS PRESENT Eric Struemph, City Council Liaison STAFF PRESENT Charles Lansford, Assistant to the Director of Community Development Eric Barron, Senior Planner Drew Hilpert, Associate City Counselor Anne Stratman, Administrative Assistant New Business— Public Hearings Case No. P10012 — 2821 South Ten Mile Drive; Rezoning. Request filed by Bill and Nancy Gratz, property owners, to rezone an area consisting of 1.02 acres from C-O Office Commercial to C-1 Neighborhood Commercial. The property is generally located on the south side of South Ten Mile Drive approximately 300 feet west of Stoneridge Parkway and is described as part of the SE Quarter of the NE Quarter of Section 10, Township 44 North, Range 12 West, Jefferson City, Missouri. Mr. Barron described the proposal and explained that this property is located immediately adjacent to the South Ten Mile Drive / Kenborg Hills neighborhood. He stated that the subject property consists of 1.02 acres and is currently zoned C-O Office Commercial. Mr. Barron explained that the property owner wishes to rezone the property to C-1 Neighborhood Commercial, and that the stated purpose of the rezoning application is to upgrade the zoning for commercial prospects. Mr. Bill Gratz, 2315 Route M, spoke regarding this request and explained that the purpose of this request is to move forward and rezone the subject property to C-1 Neighborhood Commercial so that it matches with the commercial designation proposed for the South Ten Mile Drive / Kenborg Hills neighborhood. He stated that surrounding businesses such as Arby's and Mid America Wireless are zoned C-2 General Commercial. Mr. Gratz submitted letters of support from the following individuals: Gary & Kim Huffman, 2811 Kenborg Hills Rd Christopher& Amanda Christian, 2826 S. Ten Mile Dr Richard & Beverly Boehm, 2922 S. Ten Mile Dr Lynn Conard, Sr. Director of Development, US Beef Corp. (Arby's), 2815 S. Ten Mile Dr Ronald Prenger, 1504 Green Berry Rd Eugene Perkins, 2811 Kenborg Hills Rd Excerpt of Unapproved Minutes /Jefferson City Planning & Zoning Commission Page 2 May 13, 2010 Mr. Gratz stated that the owners of Stoneridge Development gave their verbal support, as well. Mr. Lee Debroeck, 2830 S. Ten Mile Drive, spoke regarding this request and inquired of how residents will access their homes when other businesses locate in this area. He expressed his concern with the amount of traffic in the area when Arby's first opened. In response, Mr. Barron explained that the zoning code requires that any new development generating over 100 vehicle trips during peak hours submit a traffic study. He stated that any traffic study in the area would have to take into account the existing traffic being generated by Arby's. Mr. Debroeck stated that he is not opposed to rezoning the subject property to C-1 and wanted to ensure that the amount of traffic generated by Arby's is taken into account. Ms. Christine Rackers, 2839 S. Ten Mile Drive, spoke regarding this request and inquired about the adjacent RD zoned property. In response, Mr. Barron explained that in 1998 there was a large rezoning of this area that established the commercial zoning where Kohl's is now located. He stated that in order to alleviate concerns of a commercial development being located adjacent to a residential neighborhood, a transitional zoning was put in place. Mr. Barron explained that the transitional zoning goes from C-2 General Commercial, to C-O Office Commercial, to RD Residential Duplex, to single family residential. He stated that the transitional zoning was put in place in order to prevent any major land use conflicts. Mr. Barron gave the Planning Division staff report and explained that the requested G-1 zoning would allow a more intensive commercial use of the property typical for the Missouri Boulevard corridor while keeping some of the more incompatible commercial uses, such as those permitted within the C-2 district, separated from the neighboring residential area. He stated that the C-1 zoning would also be compatible with the recommended C-1 zoning found in the South Ten Mile Drive / Kenborg Hills Neighborhood Plan. Mr. Nunn moved and Mr. Yarnell seconded to recommend approval of rezoning 2821 S. Ten Mile Drive from C-O to C-1 to the City Council. The motion passed 8-0 with the following votes: Aye: Bickel, George, Lake, Lester, Mihalevich, Nunn, Stacey, Yarnell City of Jefferson Planning & Zoning Commission LOCATION --'—^.'�'�ir'.+.x.......r-__r,r, I i HYY:� 5� .S"' � 4Fi C��r�J- �'.t.x•'�� ,:, .�� ��"d"�j, .a t—'n' � ,-- 2'i r?c ycW'�^m � � r �`,�• =75�.: t 4 � , VI �Ga �rra S } y � � :vr 4�01. � peg. �— °• n � �`tary' �� ' iV ��' R°r } {FS� �a�:t^.r{fJsr�r � 'y tV � � b11� " m1��� {+ fi ,� � . y i h�` k,n r� ✓s ��"rt r^ o-tyy i u� o x r$9 A `'� ' �.y �adS�' i xyy4 � nn�� y ''%� 'd N 0 50 100 200 Feet A 2821 South Ten Mile Drive WE Rezoning from C-O to C-1 S City of Jefferson Planning & Zoning Commission VICINITY SCHELLR1DGEjRD-- EMTER H U.NTI-R: QW pLZ-- N-T�LEIGH-p W .Uj c Af CLl1 Vjw-y-50 OURI --SE'Ay- -PLACE v/ \V, Ile; CO LHARD: N Feet 2821 South Ten Mile Drive 0 187.5 375 750 N Rezoning from C-0 to C-1 S APPLICATION FOR ZONING ORDINANCE AMENDMENT t^J=I'I! {-� �.�_. ED ) cemed: City of Jefferson - Planning Division -J Department of Community Development APR - LL I J 320 East McCarty Street Jefferson City, Missouri 65101 — Phone 573 634-6410 Fax 573 634-6457 DE�At;ih?_rli�F ( ) ( ) I COht:diUAlITC 6EVtLOPr,'�NT I The undersigned hereby petitions the Planning and Zoning Commission and City Council of the City of Jefferson, Missouri, for the following amendment to the Zoning Code: O Zoning Text Amendment (Describe below or attach complete narrative) j Article and Section Affected (if applicable) d ! 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: :2 9;2/ S. Teo .fit:/e P^, Legal/Property Description (write out or attach as an exhibit): Who petition to rezone the above described real estate from its present classification of C district to C I district. The purpose of this rezoning request is to: ALL OWNERS OF REAL PROPERTY PROPOSED TO BE REZONED MUST SIGN THE APPLICATION,AND ALL SIGNATURE MUST BE NOTARIZED. IF ADDITIONAL SIGNATURES ARE NEEDED, PLEASE ATTACH SEPARATE SHEETS. P�roperty wwnne 1 N`�>pr)h0 � Property Owner Signature Property' Owner#2 Name (type or print) z Property Own ignature Subs ' aad JOHN C. BOSCH� ✓ day of / !J'�j� in the year Notary Public- Notary Seal STATE OF MISSOURI Cale County-Comm.#06435345 Notary Public Cornmisalon Expires May 5 2010 Address of Property Owner#1: Address of Property Owner#2 3 15 01 ,J ,L• n 4 l0 4 Phone Number(s): (090- 154-D 435 -Vid 8 436 to S4 _ 05-5 Applicant Information (if different from property owner): Name: Address: Phone Number For City Use Only: Application Filing Fee$20G Payment Received: Cash (Receipt# ) Check (Copy,check # ) Attachments: Additional sheets or documentation Applicant/Project Information Sheet Location Map Page 1 of 1 May 6.2002 { No. 210703143 f.. Bk 547 P® 119 State of Missouri Cole County RECORDED Mar 30, 2007 2:07:38 PM Larry D. Radeean, Recorder of Deeds J(t�)}py' Fees $27.00 "� 4 a�lr Deputy 02A GENERAL WARRANTY DEED This Indenture,Made on the 3a day of i(,i , o?W 7 By and between HARRY D.BROWN AND SANDRA J.BROWN,HUSBAND ANA WIFE,GRANTOR(S)of the County of Cole,State of Missouri,party or parties of the first Part,and WILLIAM W.GRATZ & NANCY K.GRATZ,TRUSTEES OF THE WILLIAM W,�.gRATZZ REVOCABLE LIVING TRUST UITIA 9-8-99,GRANTEE(S),Grantees mailing address S /�`..'—r 9. C. 1�� G`,�r of the County of Cole• in the State of Missouri,party or 'as of the Second Part: Witnesseth,That said party or parties of the First Pan in consideratinn of the sum of One Dollar and Other Valuable Consideration paid by the said patty or parties of the Second Pan, the receipt of which is hereby acknowledged, does by these presents, GRANT, BARGAIN AND SELL,CONVEY AND CONFIRM unto the said party or parties of the Second Pan,and to the beirs,successors or assigns of such party or parties,the following described lots,tracts of parcels of land lying being and situate in the County of Cole,State of Missouri, to wit: PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 44 NORTH, RANGE 12 WEST, IN THE CITY OF JEFFERSON, MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER, OF THE NORTHEAST QUARTER OF SAID SECTION 10;THENCE NORTH 02 DEGREES 31 MINUTES 40 SECONDS EAST, ALONG THE SECTION LINE, 1250.85 FEET TO THE SOUTH RIGHT OF WAY LINE OF MISSOURI BOULEVARD; THENCE WESTERLY ALONG THE SOUTH RIGHT OF WAY LINE OF SAID MISSOURI BOULEVARD AND ALONG THE SOUTH RIGHT-OF-WAY LINE OF THE SOUTH TEN MILE DRIVE CONNECTION, SAID SOUTH RIGHT-OF-WAY LINES BEING DEFINED IN THE PLANS OF MISSOURI STATE 19GIlWAY DEPARTMENT AS PER PROJECT NOS.F-50-3(4)AND F- 50-3(27), ON THE FOLLOWING COURSES AND DISTANCES: NORTH 96 DEGREES 25 MINUTES 46 SECONDS WEST, 66.69 FEET;THENCE SOUTH 85 DEGREES 08 MINUTES 36 SECONDS WEST, 126.88 FEET; THENCE SOUTH 20 DEGREES 49 MINUTES 40 SECONDS WEST, 45.12 FEET; THENCE NORTH 73 DEGREES 51 MINUTES 16 SECONDS WEST, 39.82 FEET; THENCE ON A CURVE TO THE LEFT, HAVING A RADIUS OF 697.22 FEET,AN ARC DISTANCE OF 220.12 FEET (THE CHORD OF SAID CURVE BEING SOUTH 62 DEGREES 00 MINUTES 17 SECONDS WEST, 219.20 FEET); THENCE SOUTH 52 DEGREES 57 MINUTES 37 SECONDS WEST, 355.31 FEET TO THE BEGINNING POINT OF THIS DESCRIPTION; THENCE LEAVING THE SOUTH RIGHT-OF- WAY LINE OF THE SOUTH TEN MILE DRIVE CONNECTION,SOUTH 36 DEGREES 40 MINUTES 39 SECONDS EAST,225.00 FEET;THENCE SOUTH 60 DEGREES 38 MINUTES 06 SECONDS WEST, 197.94 FEET TO, A POINT INTERSECTING THE SOUTHERLY EXTENSION OF THE EASTERLY LINE OF A TRACT DESCRIBED BY DEED OF RECORD IN BOOK 166, PAGE 229,COLE COUNTY RECORDER'S OFFICE; THENCE NORTH 36 DEGREES 55 MINUTES 31 SECONDS WEST, ALONG SAID LINE EXTENSION AND ALONG THE EASTERLY LINE OF SAID TRACT IN BOOK 166,PAGE 229, 225.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF THE AFORESAID SOUTH TEN MME DRIVE CONNECTION; THENCE NORTH 60 DEGREES 55 MINUTES 47 SECONDS EAST, ALONG THE SOUTH RIGHT-OF-WAY LINE OF THE SOUTH TEN MILE DRIVE CONNECTION, 190.69 FEET; THENCE NORTH 52 DEGREES 57 MINUTES 37 SECONDS EAST, ALONG THE SOUTH RIGHT-OF-WAY LINE OF THE TEN MILE DRIVE CONNECTION, 8.29 FEET 54504 G(,P a rar u i TO THE BEGINNING POINT OF THIS DESCRIPTION. SUBJECTTO EASEMENTS AND RESTRICTIONS OF RECORD TO HAVE AND TO HOLD the premises aforesaid, with all and singulu the rights, privileges, appurtenances and immunities thereto belonging or in anywise appertaining,unto the said party or parties of the Second Pan and unto the heirs,successors or assigns of such patty or parties FOREVER,the said party or parties of the first port hereby covenanting that said party or patties are lawfully seized of an indefeasible estate in fee in the premises herein conveyed;that said patty or panics have good right to convey the same; that the said premises ere free and clear of any incumbrances done or suffered by said parry or paties of the first part or those under whom said party or patties of the fim part claim and that said party or parties of the first pan will WARRANT AND DEFEND the title to said premises unto the Wit party or parties of the Second Pan,and unto the heirs, successors or assigns,of the party or panics of the second part FOREVER, against the lawful claims or demands of all persons whomsoever. IN WITNESS WHEREOF,the said patty or parties of the First Pan heretwo set their hand or hands the day and year fm above written, �(/y- 49 KG_— iXlf9tf/� HARK .BROWN SANDRA J.BROWN STATE OF MISSOURI ss. COUNTY OF COLE On this day of !'/(.Oea'� w9�(��efom me personally appeared HARRY D,BROWN AND SANDRA J.BROWN,HUSBAND AND WIFE to me known to be the person or persons described in and who executed the foregoing instrument,and acknowledged that said person or persons executed the same as said person's or persons'free act and dad. IN TESTIMONY WHEREOF,I have hereunto set my hand zl:�;f y official seal' e County and State aforesaid,the day and year, firs[above written. � (Notary(Seal) My commission expires Notary Public SUE L SCHLOTZ Notary Public•NOW Seal Nte of Mlttsoud my Commission E*m: 4-274M 54504 OF i R 4 111 c s City of Jefferson 0 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 May 3, 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, May 13, 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. P10012 — 2821 South Ten Mile Drive; Rezoning. Request filed by Bill and Nancy Gratz, property owners, to rezone an area consisting of 1.02 acres from C-O Office Commercial to C-1 Neighborhood Commercial. The property is generally located on the south side of South Ten Mile Drive approximately 300 feet west of Stoneridge Parkway and is described as part of the SE Quarter of the NE Quarter of Section 10, Township 44 North, Range 12 West, Jefferson City, 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 June 21, 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 COM/MpUNIITY DEVELOPMENT �✓�� anlce McMillan, AICP, Deputy Director for Planning & Transportation Services n mni of�erson �ppnl Jefferson City Planning&Zoning Commission Property Owner List Case No. P 100 12 2821 South Ten Mile Drive May 13, 2010 Gratz, William W & Nancy K, Trustees 2315 Rt M Jefferson City, Mo 65101 2821 S. Ten Mile Dr (SubjectPropen)) Deuser, Lola P,Trustee 2827 S. Ten Mile Dr Jefferson City, Mo 65109 2827 S. Teti Mile Dr Debenedetti, Matthew PO Box 299 Jefferson City, MO 65102 2831 S. Ten Mile Dr G D W Rental L L C 6814 Rt W Jefferson City, MO 65101 2810 S. Ten Mile Dr Clu-istian, Christopher R& Amanda J 109 Douglas Dr Jefferson City, MO 65109 2826 S. Ten Mile Dr Debroeck, Malcolm Lee 2830 S. Ten Mile Dr Jefferson City, MO 65109 2830 S. Ten Mile Dr United States Beef Corp 4923 E. 49th St Tulsa, OK 74135 2815 S. Ten Mile Dr Land Investments L L C 8514 Liberty Rd Jefferson City, MO 65101 0 PTI Fedwalko LLC 711 Sleater Kinney Rd SE Lacey, WA 98503 Kohls 715 Stoneridge Pkwy. Jefferson City,MO 65109 N Case No. P10012 W+ E 2821 South Ten Mile Drive S Rezoning from C-O to C-1 0 65 130 260 3B0 520 Feel 185 ft. Notification Buffer COUNTRY CLUB OR HWY 50 HWY 50 MISSOURI BLVD a rn wt6 e -rte ww 9 w�r t w r t n w �a t Cj C,iV!�w'l�ir e LLi ❑ C scyFA 0 'FFR y PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION May 13, 2010 Case No. P10012—2821 South Ten Mile Drive; Rezoning. Request filed by Bill and Nancy Gratz, property owners, to rezone an area consisting of 1.02 acres from C-O Office Commercial to C-1 Neighborhood Commercial. The property is generally located on the south side of South Ten Mile Drive approximately 300 feet west of Stoneridge Parkway and is described as part of the SE Quarter of the NE Quarter of Section 10, Township 44 North,Range 12 West,Jefferson City, Missouri. Nature of Request This request is for a property consisting of 1.02 acres and currently used as a professional business office for Gratz Real Estate. The property is currently zoned C-O Office Commercial. The property owner wishes to rezone the property to C-1 Neighborhood Commercial, the stated purpose of the rezoning application is to upgrade the zoning for commercial prospects. South Ten Mile Drive/Kenborg Hills Neighborhood Plan This property is located immediately adjacent to the South Ten Mile Drive / Kenborg Hills Neighborhood. Planning division staff have developed a neighborhood plan for this area and are proposing the adoption of this plan as a component of the Comprehensive plan. The neighborhood plan calls for a gradual transformation of the neighborhood from residential to commercial, with certain conditions for new commercial developments such as minimum property size, zoning, and location. Although the property at 2821 S. Ten Mile Drive is not located within the South Ten Mile Drive/Kenborg Hills neighborhood, the requested rezoning would be in line with the recommendations of the plan. Zoning and Surrounding Land Use Current Zoning: C-O Current Use: Real Estate Office Building Requested Zoning: C-1 Intended Use: Upgrade Zoning for Commercial Prospects Surrounding Zoning Surrounding Uses North C-2/RS-1 Mid America Wireless/Single Family House South C-O/RD Undeveloped Property East C-2 Arby's Restaurant West RS-1 Single Family Residential Allowed Uses: The C-1 Neighborhood Commercial zoning district allows for a variety of land uses including day care centers, hotel/motel (less than 50,000 sq. ft.), offices, banks, restaurants, drive through restaurants, general retail, personal services, and laundromats. (please see exhibit 35-28 of the zoning code for a complete list of authorized uses) Staff Analysis Standard checklist for rezoning: Yes No Notes: Complies with Comprehensive Plan X The development map of the comprehensive plan identifies the property as commercial. A C-1 zoning of the property would also match the proposed zoning outlined within the S.Ten Mile Dr./Kenborg Hills Neighborhood Plan. Has access to necessary utilities X Necessary utilities serve the property. Located outside flood zone X The property does not lie within the 100 year floodplain. Meets district size requirement X The requested rezoning would meet the minimum size requirement for the C-1 district of one acre. Planning and Zoning Commission May 13, 2010 Case No. P10012 Page 2 Benefit to City is substantial when compared to X The property is in close proximity to Missouri adverse affects on adjacent property Boulevard,and the City would benefit from the higher level of commercial zoning along this major arterial roadway. The rezoning would not be a grant of privilege to X The rezoning would benefit the public with a the owner with little or no benefit to the public higher level of zoning for property near Missouri Boulevard. After rezoning, the allowed uses would be X The zoning would be a step down from the compatible with uses allowed in adjacent districts adjacent C-2 zoning and would be compatible with the zoning proposed within the S. Ten Mile Drive/Kenborg Hills Neighborhood Plan. After rezoning, the allowed uses would be X The C-1 zoning can be considered a transition compatible with adjacent existing land uses from the adjacent commercial uses to the north and east and the residential uses to the west. If not rezoned, the owner would be deprived of use X The property has a fair amount of exposure to advantages enjoyed by surrounding owners Missouri Boulevard and is limited in terms of (reverse spot zoning) use advantages when compared to the neighboring commercial properties. The requested rezoning would be an expansion of X The property is adjacent to commercially zoned an existing district property. A rove Deny Neutral Staff Recommendation X Staff Recommendation Rezoning Request: The property has a fair amount of exposure to Missouri Boulevard and is adjacent to property zoned C-2 and currently being used as a drive-tlirough restaurant. The requested C-1 zoning would allow a more intensive commercial use of the property typical for the Missouri Boulevard corridor while keeping some of the more incompatible commercial uses, such as those permitted within the C-2 district, separated from the neighboring residential area. The C-1 zoning would also be compatible with the recommended C-1 zoning found in the South Ten Mile Drive/Kenborg Hills Neighborhood Plan. Staff recommends approval of the request to rezone the property. Staff recommends the following: 1. Approval of the request to rezone the property from C-O to C-1. PLANNING & ZONING COMMISSION CORRESPONDENCE RECEIVED Case No. P10012 2821 South Ten Mile Drive May 13, 2010 Sender Senders Address How Received Date Received Gary & Kim Huffman 2811 Kenborg Hills Rd via Bill Gratz 5/13/2010 at P&Z meeting Christopher& Amanda Christian 2826 S. Ten Mile Dr via Bill Gratz 5/13/2010 at P&Z meeting Richard & Beverly Boehm 2922 S. Ten Mile Dr via Bill Gratz 5/13/2010 at P&Z meeting Lynn Conard, Sr. Director of Development 2815 S. Ten Mile Dr via Bill Gratz 5/13/2010 at P&Z meeting US Beef Corporation (Arby's) Ronald Pren er 1504 Green Berry Rd via Bill Gratz 5/13/2010 at P&Z meeting Eugene Perkins 2811 Kenborg Hills Rd via Bill Gratz 5/13/2010 at P&Z meeting January 27,2010 Janice McMillan Division Director for Planning&Zoning City of Jefferson 320 .)last McCarty Street Jefferson City, MO 65101 Dear Ms. McMillan: We own the property located at 2811 Kenborg Hills Road in the Kenborg Hills area, and we Are supportive of Mr. &Mrs. Gratz rezoning their property at 2821 South Ten Mile Drive from C-O office to C-2 For commercial. _{� Sincere�.y, 9�L'ly1 I - ' �cKim H an i�9AY i; 3 20D7 CON It"�um�rr LEVELONVENT Fhd-1�-LUJU rKl 11 :4b AM GKR'I'L & MUDOkLL REALTY FAX 6'U 573834883L r U(/U,3 January 27, 2010 Janice McMillan Division Director for Planning&Zoning City ajeffmon 320 East McCarty Street Jefferson City,MO 65101 Dear A.McMillan: We own the property located at 2826 South Ten Milk Dave in the Kcaborg Mlls area,and we are supportive of Mr.&Mrs. Gratz rezoning their property at 2821 South Ten We Drive from C-O office to C-2 for commercial. l671 Christopher Christian Amanda Christian MAY f-I'S i (`f i Gilit �L� L�?:d'NT February 10, 2010 Janice McMillan Division Director for Planning & Zoning City of Jefferson 320 East McCarty Street Jefferson City, MO 65101 Dear Ms. McMillan: We own the following properties located in the Kenborg Hills area, and we are supportive of Mr. & Mrs. Gratz rezoning their property at 2821 South Ten We Drive from C-O office to C-2 for commercial. Sincerely, Richard &Beverly Boehm 1. 2904 South Ten Mile Drive 2. 2906 South Ten Mile Drive (� 3. 2919 South Ten Mile Drive �L,,`..'�, 4. 2922 South Ten Mile Drive 5. 2926 South Ten Mile Drive 6. 2928 South Ten Mile Drive 7. 2907 Kenborg Hills Road 8. 2911 Kenborg Hills Road 9. 620 Tom Lee Roadn,Q 10- (ply Ian le�(�op� R:ECE►.I.rEQ February 3, 2010 Janice McMillan Division Director for Planning & Zoning City of Jefferson 320 East McCarty Street Jefferson City, MO 65101 Dear Ms. McMillan: We own the property located at 2815 S. Ten Mile Drive in the Kenborg Hills area, and we are supportive of Mr. &Mrs. Gratz rezoning their property at 2821 South Ten Mile Drive from C-O office to C-2 for commercial. Sincerely, US Beef Corporation p Spa 17i1'G�t' o� CleJe �q��^°�S rt MAY f '3 ' I�,Ac. January 27, 2010 Janice McMillan Division Director for Planning& Zoning City of Jefferson 320 East McCarty Street Jefferson City, MO 65101 Dear Ms. McMillan: I own the following properties located in the Kenborg Hills area, and I am supportive of Mr. &Mrs. Gratz rezoning their property at 2821 South Ten Mile Drive from C-O office to C-2 for commercial. ,.Sincerely, ,,a. lJ !Ronald ren er 1. 2803 Kenborg Hills Road 2. 2805 Kenborg Hills Road 3. 2807 Kenborg Hills Road 4. 2812 Kenborg Hills Road 5. 2814 Kenborg Hills Road 6. 2817 Kenborg Hills Road 7. 2821 Kenborg Hills Road 8. 2822 Kenborg Hills Road 9. 2901 Kenborg Hills Road 10. 2904 Kenborg Hills Road 11. 2905 Kenborg Hills Road 12. 2906 Kenborg Hills Road 13. 2908 Kenborg Hills Road 14. 2910 Kenborg Hills Road 15. 614 Tom Lee Road 16. 616 Tom Lee Road ~� 'E� 17. 622 Tom Lee Road k C'` ! ` MAY 918'2 0!0 January 27, 2010 Janice McMillan Division Director for Planning & Zoning City of Jefferson 320 East McCarty Street Jefferson City, MO 65101 Dear Ms. McMillan: I own the property located at 2811 Kenborg Hills Road in the Kenborg Hills area, and I am supportive of Mr. & Mrs. Gratz rezoning their property at 2821 South Ten Mile Drive from C-O office to C-2 for commercial. Sincerely, �jl Gene Perkins NAV JD i