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HomeMy Public PortalAboutORD14697 BILL NO. 2010-39 SPONSORED BY COUNCILMAN, St�ruemoh ORDINANCE NO. / ' t AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, PROVIDING FOR THE VOLUNTARY ANNEXATION OF REAL PROPERTY CONTIGUOUS TO THE PRESENT CITY LIMITS, INTO THE CITY OF JEFFERSON, MISSOURI, LOCATED IN THE 1200 AND 1300 BLOCK OF THE FUTURE EXTENSION OF WILDWOOD DRIVE; DESCRIBED AS THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 44 NORTH, RANGE 12 WEST, IN THE COUNTY OF COLE, STATE OF MISSOURI; AND AMENDING SECTION 1-17 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, DEFINING THE EXISTING CITY BOUNDARY BY ADDING ONE NEW SUB-SECTION PERTAINING TO THE SAME SUBJECT. WHEREAS, pursuant to Section 71.012.2 RSMo, the City Council of the City of Jefferson desires to annex the unincorporated area of land described in Section 1; and WHEREAS, the property is owned by Paula Bryan; and WHEREAS, the property is adjacent to the City; and WHEREAS, a public hearing concerning the annexation was advertised in advance of the hearing in the Jefferson City News Tribune. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The City Council intends to and shall proceed to annex, as provided by law, the unincorporated area of land described as follows: The southwest quarter of the Northeast Quarter of Section 16, Township 44 North, Range 12 West, Cole County, Missouri, containing 40 acres more or less; including land acquired for right of way for the future extension of Wildwood Drive by the County of Cole, as recorded in Book 580 Page 794, Cole County Recorders Office. Section 2. The City Council finds and declares that the land described in Section 1 is contiguous to the City boundary; that the annexation is reasonable and necessary to the proper development of the City; and further, did determine the City has an ability to furnish normal municipal services to this area. Section 3. A public hearing was held on July 19, 2010 as provided by law, concerning the annexation of the unincorporated area described in Section 1. Section 4. The land described in Section 1 shall be zoned C-1 until such time as the zoning may be changed in the manner provided for by State Statute and City Code. Section 5. Designation of the property as commercial on the development plan map of the Comprehensive Plan is hereby endorsed. Section 6. Section 1-17 of the City Code of the City of Jefferson, Missouri is hereby amended by adding one new subsection which shall read as follows: ( ) The City's boundaries shall also include the following parcel: The southwest quarter of the Northeast Quarter of Section 16, Township 44 North, Range 12 West; including land acquired for right of way for the future extension of Wildwood Drive by the County of Cole, as recorded in Book 580 Page 794, Cole County Recorders Office. Section 7. The annexed area shall be in Ward 4 of the City. Section 8. The effective date of this Ordinance and the annexation of the area described in Section 1 will be immediately upon passage, provided that no written objections to the proposed annexation are filed with the City Council. If sufficient objections are filed, this ordinance shall not become effective until such time as the annexation issue has been resolved pursuant to the provisions of Chapter 71 RSMo. Passed: C� Approve 7ong Officer Mayor A T: APPROVED , S TO ORM: C' y Clerk Ci Counselor PUBLIC HEARING NOTICE Voluntary Annexation & Zoning Plan for the 1200 and 1300 Block of the Future Extension of Wildwood Drive The City Council of the City of Jefferson, Missouri, will hold a public hearing on Monday, July 19, 2010 at 6:00 p.m. in the Council Chamber of the John G. Christy Municipal Building, 320 East McCarty Street, to consider the voluntary annexation by the City of Jefferson and zoning plan of C-1 Neighborhood Commercial for the following described real estate, owned by Paula Bryan: The southwest quarter of the Northeast Quarter of Section 16, Township 44 North, Range 12 West, Cole County, Missouri, containing 40 acres more or less; including land acquired for right of way for the future extension of Wildwood Drive by the County of Cole, as recorded in Book 580 Page 794, Cole County Recorders Office. Phyllis Powell, City Clerk, City of Jefferson, Missouri P.T. - Friday, July 2, 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 (573) 634-6475 Fax (573) 634-6457 EXCERPT OF UN-APPROVED MINUTES JEFFERSON CITY PLANNING AND ZONING COMMISSION June 10, 2010 5:15 p.m. COMMISSION MEMBERS PRESENT ATTENDANCE RECORD Ralph Robinett, Chairman 1 of 1 Jack Deeken 1 of 1 Chris Jordan, Vice Chairman 1 of 1 J. Rick Mihalevich 1 of 1 David Nunn 1 of 1 Chris Yarnell 1 of 1 Michael Lester, Alternate 1 of 1 COMMISSION MEMBERS ABSENT Randy Bickel 0 of 1 Bob George 0 of 1 Scott Stacey 0 of 1 Dean Dutoi, Alternate 0 of 1 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 David Bange, Engineering Division Director Anne Stratman, Administrative Assistant New Business-Public Hearing Case No. P10015 — 1200 and 1300 Block of the future extension of Wildwood Drive; Voluntary Annexation. Application filed by Paula Bryan, property owner, for a voluntary annexation pursuant to Section 71.012 RSMo and zoning plan of C-1 Neighborhood Commercial. The property contains 40 acres of land including right-of-way and is generally located on the future extension of Wildwood Drive approximately 550 feet south of West Edgewood Drive. The property is accessed from 3316 Frog Hollow Road and is described as the Southwest Quarter of the Northeast Quarter of Section 16,Township 44 North, Range 12 West, Cole County, Missouri. Mr. Barron described the proposal and explained that the purpose of this request is to incorporate the subject property into the city limits with a C-1 Neighborhood Commercial zoning designation. Mr. John Bryan, 12721 Deer Run Road, spoke regarding this request on behalf of Ms. Paula Bryan. He explained that although there are no plans for development of the subject property at this time, any development will need to be hooked up to the city sanitary sewer system. Mr. Bryan stated that the closest sanitary sewer system in proximity to the subject property is currently located on the south side of Edgewood Drive. He clarified that Cole County will not commit to a date for the extension of Wildwood Drive, at this time, due to sales tax revenue being down. No one spoke in opposition of this request and no correspondence was received. Mr. Barron gave the Planning Division staff report and explained that the property owner has submitted a petition to annex the property into the City of Jefferson with a C-1 Neighborhood Commercial zoning. He stated that a re-designation of the property from residential to commercial on the development plan map of the Comprehensive Plan would be necessary in order to support the zoning plan. Mr. Barron explained that the route of the future extension of Wildwood Drive south from West Edgewood Drive travels through this property and right-of-way for the future roadway has already been acquired by Cole County. He stated that the property is contiguous to the current city limits and the property lends itself well to incorporation and C-1 Neighborhood Commercial zoning. Excerpt of Unapproved Minutes/Jefferson City Planning &Zoning Commission Page 2 June 10, 2010 Mr. Nunn moved and Mr. Yarnell seconded to recommend approval of the annexation petition and zoning plan for the property to be zoned C-1 Neighborhood Commercial and designated as commercial on the development plan map of the Comprehensive Plan, to the City Council. The motion passed 6-0 with the following votes: Aye: Deeken, Jordan, Lester, Mihalevich, Nunn, Yarnell City of Jefferson Planning & Zoning Commission VICINITY I_. ! R� ER Ro_h COUNTRY CLUB�DR- ' FALL' � • �� IVi7SSOURI BLV.p �iE{V1� 50 '_ EMERALDoLN'--. LA �=EDGE—WO®D DR DEM.. RO`CKRIDG RD_ T1 F11 I a ` J L —� _ �p7 r 1200 & 1300 Block of Wiidwood Drive 0 600 1,200 2,400 Feet N W E Voluntary Annexation and Zoning s Plan of CA City of Jefferson Planning & Zoning Commission LOCATION 0 IN" -ME Lwuuu,,, D, 0 275 550 1,100 Feet 1200 & 1300 Block of Wildwood Drive w Voluntary Annexation and Zoning S Plan of C-1 PETITION FOR VOLUNTARY ANNEXATION Paula K. Bryan ) Petitioner ) COMES NOW, the Petitioners, PAULA K. BRYAN and pursuant to the provisions of §71.012, RSMo., hereby petitions the City of Jefferson City, for voluntary annexation into the City of Jefferson City, and in support thereof, state the following: 1. That Petitioners are the owners of certain property in Cole County, Missouri, said property being described as: The southwest quarter of the Northeast Quarter of Section 16, Township 44 North, Range 12 West, Cole County, Missouri, containing 40 acres, more or less. 2. This real estate is not now a part of any incorporated municipality. 3. This real estate is contiguous and compact to the existing corporate limits of the City of Jefferson, Missouri, or is contiguous and compact to other property petitioned for annexation. 4. That the Petitioners are the owners in fee of all of the property to be annexed. WHEREFORE, Petitioners request that the City of Jefferson City annex the aforesaid property. G� Paula K. Bryan State of Missouri ) ) ss County of Cole ) On this /yl+'h day of 2010 before me personally appeared Paula K. Bryan, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. In testimony Whereof, I have set my hand and affixed my official seal at my office I n 1 CD. the day and year first above written. aANNE, „ n /7� M STRATMAN l�s'I.r— /7( , Notary Puhllc-Nopry seal State of Missouri u�ty Notary Public MYCOmmisslonEzpiores:August27,2011 I �t 62mmfsslon Number.0738613D My commission expires: S 1 a l orb REQUEST FOR ZONING MAP CHANGE ANNEXATION PLAN OF INTENT City of Jefferson Department of Community Development-Planning Division 320 East McCarty Street, Room 120 Jefferson City, Missouri 65101 Phone(573) 634-6410 Fax(573)634-6457 1. The undersigned state they are the owner(s) of the following described real located in the proposed annexation G . area of: // 2.Property Address or Location r 11 a c�—M[ I O/2 Y D L YaK'L w�© -- II J 3.Property Description (or attach): Q �Ci✓l ed 4.And hereby request to change the proposed zoning designation as shown on the proposed Plan of Intent Zoning Map from its present status of G'o4/i fc to C i / • district. 5.The property is currently used for the following purpose_Ay ri Cry t �(Ir•!✓ 6.The proposed or planned use of the property is: -Deu C'lys-am P n C Ill 10 o r"k� •- O r> Paula . Property Owner Name (type or print) Property Owner Signature Property Owner Name(type or print) Property Owner Signature Address of Property Owner#1: Name: tea Address: I zZ z c L?r er v t oad. Phone Number s'73 -r71 9639tcf71 2-rho. } / " brta(g 2� r Qec ' C0 /1� Address of Property Owner#2: Name: Address: Phone Number For Staff Use Only Attachments: Date Received 0 Additional sheets or documentation 0 Location Map Notes: 'APR 2 8 I C�fAF ;j i NOTICE A petition for voluntary annexation has been filed with the City Council for the City of Jefferson City to annex certain property into the City of Jefferson City at the request of the property owner, said property being described as: The southwest quarter of the Northeast Quarterof Section 16, Township 44 North, Range 12 West, Cole County, Missouri, containing 40 acres, more or less. A hearing on the proposed annexation will be held in the City Council Chambers, City Hall, 320 E. McCarty St., Jefferson City, Missouri on July 19, 2010 at 6:00 p.m. L% � I'11i s City of Jefferson ?D ? r f 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 75 Fax: (573) 634-6457 May 28, 2010 Dear Property Owner: This letter is to advise you that an application for voluntary annexation into the City of Jefferson, Missouri and zoning plan have been filed by Paula Bryan for property in the 1200 & 1300 Block of Wildwood Drive. Case No. P10015 — 1200 and 1300 Block of Wildwood Drive; Voluntary Annexation. Application filed by Paula Bryan, property owner, for a voluntary annexation pursuant to Section 71.012 RSMo and zoning plan of C-1 Neighborhood Commercial. The property contains 40 acres of land including right-of-way and is generally located on the future extension of Wildwood Drive approximately 550 feet south of West Edgewood Drive. The property is accessed from 3316 Frog Hollow Road and is described as the Southwest Quarter of the Northeast Quarter of Section 16, Township 44 North, Range 12 West, Cole County, Missouri. (see map on reverse). The processing of this application involves the following steps: • The Jefferson City Planning and Zoning Commission will meet at 5:15 p.m. on Thursday, June 10, 2010 to consider zoning the property as C-1 Neighborhood Commercial • The City Council's public hearing is tentatively scheduled for Monday, July 19, 2010 at 6:00 p.m., after which the annexation petition may be accepted by the Council. • Both meetings will be held in the Council Chamber of the John G. Christy Municipal Building (City Hall), 320 E. McCarty Street, Jefferson Cibj, Missouri 65101. As a nearby landowner and/or neighbor, you are being notified of these proceedings, and your opportunity to comment. Please direct written comments to: e-mail: jcplanning @jeffcitymo.org fax: Dept. of Community Development/ Planning Division 573-634-6457 mail: Dept. of Community Development/ Planning Division, Room 120 John G. Christy Municipal Building, 320 E. McCarty Street Jefferson City, MO 65101 If you have any questions concerning this matter, please feel free to contact me, or Eric Barron, Senior Planner, at 573.634.6410. DEPARTMENT OF COMMUNITY DEVELOPMENT Eric Barron, AICP Senior Planner cc: Paula Bryan City oF,.," rill 10 f ersofI 31. COMMUNITY DEVELOPMENT i building a better community' Jefferson City Planning&Zoning Commission Page 1 Property Owners List Case No. P10015 1200 & 1300 Blocks of Wildwood Drive June l0, 2010 Steinmetz, Bonnie K, Trustee Zumwalt, Terry Lynn 3365 Frog Hollow Rd 3504 Rt U Jefferson City, MO 65109 Lohman,MO 65053 3362 Frog hollow Rd 3336 Frog Hollow Rd Marc Ettinger,Presiding Commissioner Cole County Commission Rademan, Stephen J& Mary E Cole County Courthouse 3322 Frog Hollow Rd 301 E. High Street Jefferson City, MO 65109 Jefferson City, MO 65101 3322 Frog Hollow Rd Larry Benz,P.E., Director Peschang, Tonia Cole County Public Works 1507 Hough St 5055 Monticello Road Jefferson City, MO 65101 Jefferson City,MO 65109 3330 Frog Hollow Rd Faherty, George A& Phyllis S 3244 Frog Hollow Rd Jefferson City, MO 65109 3244 Frog Hollow Rd Bryan, Paula K 12721 Deer Run Rd Jefferson City,MO 65101 3316 Frog Hollow Rd Wimberley, Arthur K & Leesa G 3310 Frog Hollow Rd Jefferson City, MO 65109 3310 Frog Hollow Rd Jordan, James C Trustee 3201 Pembroke Sq Jefferson City, MO 65109 3555 W. Edgewood Dr Jefferson City Area Chamber of Commerce 213 Adams St Jefferson City, MO 65101 Popp, Frank A, Trustee 3430 Rock Ridge Rd Jefferson City, MO 65109 Mid America Bank 1511 Friendship Rd Jefferson City, Mo 65101 PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION June 10,2010 Case No. P10015 — 1200 and 1300 Block of the future extension of Wildwood Drive; Voluntary Annexation. Application filed by Paula Bryan, property owner, for a voluntary annexation pursuant to Section 71.012 RSMo and zoning plan of C-1 Neighborhood Commercial. The property contains 40 acres of land including right-of-way and is generally located on the future extension of Wildwood Drive approximately 550 feet south of West Edgewood Drive. The property is accessed from 3316 Frog Hollow Road and is described as the Southwest Quarter of the Northeast Quarter of Section 16, Township 44 North, Range 12 West, Cole County, Missouri. Nature of Request The purpose of the request is to incorporate the subject property into the city limits of the City of Jefferson with a C-1 Neighborhood Commercial zoning designation. Zoning and Surrounding Land Use Current Zoning: None—Unincorporated Current Use: Undeveloped Requested Zoning: C-I Neighborhood Commercial Intended Use: None indicated Surrounding Zoning Surrounding Uses North RA-1 /C-2 Undeveloped South Unincorporated Undeveloped/Agricultural East Unincorporated Undeveloped/Agricultural West Unincorporated Undeveloped/Agricultural Staff Analysis and Recommendation Voluntary Annexation and Zoning Plan: The property owner has submitted a petition to annex the property into the city limits of the City of Jefferson with a C-1 Neighborhood Commercial zoning. A re-designation of the property from residential to commercial on the development plan map of the Comprehensive Plan would be necessary in order to support the zoning plan. The route of the future extension of Wildwood Drive south from West Edgewood Drive travels through this property and right-of-way for the future roadway has already been acquired by Cole County. The property is contiguous to the current city limits and the property lends itself well to incorporation and C-I Neighborhood Commercial zoning. Staff recommends approval of the request. Form of Motion: Approval of the annexation petition and zoning plan for the property to be zoned C-1 Neighborhood Commercial and designated as commercial on the development plan map of the Comprehensive Plan.