HomeMy Public PortalAboutORD14659 BILL NO. 2009-147
SPONSORED BY COUNCILMAN �S�ttruemoh
ORDINANCE NO. 141 5 - I
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 2.31 ACRES FROM RA-2 HIGH DENSITY RESIDENTIAL AND RS-1 LOW DENSITY
RESIDENTIAL TO C-O OFFICE COMMERCIAL, FOR LAND ADDRESSED AS 3306 WEST TRUMAN
BOULEVARD, 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.
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 RA-2 High Density Residential
and RS-1 Low Density Residential to C-O Office Commercial: A part of the Northeast Quarter of the
Southeast Quarter of Section 4,Township 44 North, Range 12 West, particularly described as follows:
From a point on the south line of N. Ten Mile Drive where the west line of the former Lester Erhardt
property intersects with the south line of said N. Ten Mile Drive, said point being 26.5 links south and
158 links west of the northeast corner of said quarter quarter,thence south parallel with the east line of
said quarter quarter 150 feet, more or less,to the southeast corner of the tract described in Book 302,
Page 5, Cole County Recorders office,and the point of beginning. Thence south parallel with the east
line of said quarter quarter 267.12 feet, more or less,thence southwest parallel with the south line of N.
Ten Mile Drive, 3.36 chains, more or less, thence north parallel with the east line of said quarter
quarter, 267.12 feet, more or less, to a point 150 feet south of said south line of N. Ten Mile Drive,
thence northeast parallel with the south line of said N.Ten Mile Drive, 3.36 chains, more or less,to the
point of beginning. Also, a part of the Southeast Quarter of Section 4, Township 44 North, Range 12
West, particularly described as follows: From the northeast corner of the Southeast Quarter of Said
Section 4, thence south along the section line, 6.32 chains to the beginning point of this description;
thence west parallel with the quarter section line, 1.58 chains, thence south parallel with the section
line, 0.265 chains,thence South 61 degrees 20 minutes West, 3.352 chains,thence south parallel with
the section line, 11.70 chains,thence North 61 degrees 20 minutes East, 5.028 chains,to the section
line, thence north along said section line 11.37 chains to the place of beginning. Except that part
conveyed to the City of Jefferson, by deed of record in Book 278, Page 119, Cole County Recorder's
Office. Except that part described in Book 301 Page 892, Cole County Recorder's Office. Containing
approximately 2.31 acres.
Section 2. An amendment to the Comprehensive Plan Development Plan Map is hereby
endorsed to show the following described real estate as Commercial: A part of the Northeast Quarter
of the Southeast Quarter of Section 4, Township 44 North, Range 12 West, particularly described as
follows: From a point on the south line of N. Ten Mile Drive where the west line of the former Lester
Erhardt property intersects with the south line of said N. Ten Mile Drive, said point being 26.5 links
—1—
south and 158 links west of the northeast corner of said quarter quarter,thence south parallel with the
east line of said quarter quarter 150 feet, more or less,to the southeast corner of the tract described in
Book 302, Page 5, Cole County Recorders office, and the point of beginning. Thence south parallel
with the east line of said quarter quarter 249.63 feet, more or less,to the southwest corner of the tract
described in Book 361, Page 640, Cole County Recorders office, thence west parallel with the north
line of said quarter quarter 194.58 feet more or less, to the westerly line of the tract described in Book
208, Page 689,Cole County Recorders Office,thence north along said westerly line 143.25 feet, more
or less, to a point 150 feet south of said south line of N. Ten Mile Drive, thence northeast parallel with
the south line of said N. Ten Mile Drive, 3.36 chains, more or less, to the point of beginning.
Containing approximately 0.88 acres.
Section 3. This ordinance shall be in full force and effect from and after its passage and
approval.
Passe LI Approved;/7Jc-, / 2% 2 o f 0
Presid}rig fficer iyor
ATTEST: APP VE S TO FORM:
City Cle'k City Counselor
—2—
PUBLIC HEARING NOTICE
Rezoning and Associated Comprehensive Plan Map Amendment for 3306 West Truman
Boulevard
The City Council of the City of Jefferson, Missouri,will hold a public a hearing on Monday,April 19,
2010 at 6:00 p.m. in the Council Chamber of the John G. Christy Municipal Building, 320 East
McCarty Street, to consider rezoning land addressed as 3306 West Truman Boulevard from RA-2
High Density Residential and RS-1 Low Density Residential to C-O Office Commercial and an
associated amendment to the Development Plan Map of the City's Comprehensive Plan:
Section 1. Property Description: A part of the Northeast Quarter of the Southeast Quarter of
Section 4, Township 44 North, Range 12 West, particularly described as follows: From a point on
the south line of N. Ten Mile Drive where the west line of the former Lester Erhardt property
intersects with the south line of said N. Ten Mile Drive, said point being 26.5 links south and 158
links west of the northeast corner of said quarter quarter,thence south parallel with the east line of
said quarter quarter 150 feet, more or less, to the southeast corner of the tract described in Book
302, Page 5, Cole County Recorders office, and the point of beginning. Thence south parallel with
the east line of said quarter quarter 267.12 feet, more or less, thence southwest parallel with the
south line of N. Ten Mile Drive, 3.36 chains, more or less,thence north parallel with the east line of
said quarter quarter,267.12 feet, more or less,to a point 150 feet south of said south line of N.Ten
Mile Drive,thence northeast parallel with the south line of said N.Ten Mile Drive,3.36 chains, more
or less, to the point of beginning. Also, a part of the Southeast Quarter of Section 4, Township 44
North, Range 12 West, particularly described as follows: From the northeast corner of the
Southeast Quarter of Said Section 4, thence south along the section line, 6.32 chains to the
beginning point of this description; thence west parallel with the quarter section line, 1.58 chains,
thence south parallel with the section line, 0.265 chains,thence South 61 degrees 20 minutes West,
3.352 chains,thence south parallel with the section line, 11.70 chains,thence North 61 degrees 20
minutes East, 5.028 chains,to the section line,thence north along said section line 11.37 chains to
the place of beginning. Except that part conveyed to the City of Jefferson,by deed of record in Book
278, Page 119, Cole County Recorder's Office. Except that part described in Book 301 Page 892,
Cole County Recorder's Office. Containing approximately 2.31 acres.
Section 2. Rezoning application. The property is proposed to be rezoned from RA-2 High
Density Residential and RS-1 Low Density Residential to C-O Office Commercial.
Section 3.Associated Comprehensive Plan Map Amendment. Designation of the portion of
the property currently shown as High Density Residential on the Development Plan Map is proposed
to be revised to Commercial. A description of the area comprising the comprehensive plan
amendment is on file in the Department of Community Development/Planning Division.
Phyllis Powell, City Clerk, City of Jefferson, Missouri
P.T. - Friday, April 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
Phone (573) 634-6475 Fax (573) 634-6457
EXCERPT OF UN-APPROVED MINUTES
JEFFERSON CITY PLANNING AND ZONING COMMISSION
March 11, 2010
5:15 p.m.
COMMISSION MEMBERS PRESENT ATTENDANCE
RECORD
Ralph Robinett, Chairman 10 of 10
Randy Bickel 6 of 10
Chris Jordan, Vice Chairman 8 of 10
John Lake 6 of 10
J. Rick Mihalevich 9 of 10
David Nunn 7 of 10
Chris Yarnell 8 of 10
Michael Lester, Alternate 3 of 3
Scott Stacey, Alternate 8 of 10
COMMISSION MEMBERS ABSENT
Jack Deeken 7 of 10
Bob George 6 of 10
Dean Dutoi,Alternate 6 of 7
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
Shane Wade, Civil Engineer 11
Anne Stratman, Administrative Assistant
New Business-Public Hearing
Case No. P10005—3306 W. Truman Boulevard; Rezoning from RA-2 and RS-1 to C-
O and a Comprehensive Plan Amendment. Request filed by Truman Real Estate
Enterprises LLC, property owner, Michael Ryan, authorized representative, to rezone an
area consisting of 2.69 acres from RA-2 High Density Residential and RS-1 Low Density
Residential to C-O Office Commercial and a Comprehensive Plan amendment to show
the property as Commercial on the development plan map of the Comprehensive Plan.
The property is located on West Truman Boulevard approximately 1000 feet east of
Constitution Drive. The property also has frontage on N. Ten Mile Drive approximately
200 feet west of Madelines Park Drive. The property is described as part of the
Northeast Quarter of the Southeast Quarter of Section 4, Township 44 North, Range 12
West, Jefferson City, Cole County, Missouri.
Mr. Barron described the proposal and explained that the applicant is in agreement with a
staff proposed modification to the zoning plan which would rezone the majority of the
property to the requested C-O Office Commercial zoning designation while retaining the
existing RS-1 Single Family zoning designation for the northernmost portion of the property.
He stated that the intent for the rezoning request is to accommodate the future construction
of a medical office building. Mr. Barron explained that the Comprehensive Plan
Development Plan map currently identifies the southern portion of the property as being
intended for commercial use and the northern portion of the property as being intended for
high density residential use. He stated that rezoning the southern portion of the property
would be supported by the commercial designation on the development plan map. Mr.
Barron explained that the proposed Comprehensive Plan Amendment would support the
commercial development pattern along West Truman Boulevard, but would be in conflict
with the predominantly residential pattern along North Ten Mile Drive. He stated that staff
recommends a revised comprehensive plan amendment and zoning plan that would
designate the majority of the property as commercial, while retaining the northernmost
portion of the property as residential.
Excerpt of Unapproved Minutes/Jefferson City Planning &Zoning Commission Page 2
March 11, 2010
Dr. Michael Ryan, 2800 Covey Lane, spoke regarding this request and explained that his
goal is to establish a specialty vein care center. He stated that he intends to construct a
building that has a main focus as a medical specialty building, as well as, offer professional
office space.
Mr. Jerry Green, 102 Madeline Park Drive, spoke regarding this request and explained
that up until this point he was opposed to this request because it was an example of spot
zoning. He stated that due to the modifications in the request proposed by staff he is no
longer opposed to the rezoning request. Mr. Green explained that the revised rezoning
request should maintain the residential integrity of the surrounding neighborhood.
Correspondence was received front `he following individuals:
Joan Marsch, 212 Dover Street
Travis Dietzel, 3303 N. Ten Mile Drive
Dr. Ryan stated that he concurs with staffs comments and recommendation pertaining to
the modifications to the proposed rezoning request and associated comprehensive plan
amendment.
Mr. Nunn moved and Mr. Bickel seconded to approve the revised comprehensive plan
amendment to show the majority of the property as commercial while retaining the
northernmost portion of the property as high density residential. The motion passed 8-0
with the following votes:
Aye: Bickel, Jordan, Lake, Lester, Mihalevich, Nunn, Stacey, Yarnell
Mr. Nunn moved and Mr. Stacey seconded to recommend approval of the revised
rezoning request to rezone the majority of the property from RA-2 and RS-1 to C-O Office
Commercial while retaining the RS-1 zoning designation for the northernmost portion of the
property to the City Council. The motion passed 8-0 with the following votes:
Aye: Bickel, Jordan, Lake, Lester, Mihalevich, Nunn, Stacey, Yarnell
City of Jefferson Planning & Zoning Commission
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Rezoning from RA-2 and RS-1 to C-O s
and Comprehensive Plan Amendment
City of Jefferson Planning & Zoning Commission
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3306 W. Truman Boulevard WE
Rezoning from RA-2 and RS-1 to C-O S
and Comprehensive Plan Amendment
APPLICATION FOR ZONING ORDINANCE AMENDMENT
ate eceived:
City of Jefferson - Planning Division FF4°"' 4 2010
Department of Community Development
320 East McCarty Street
Jefferson City, Missouri 65101 n � tDl'tEVE L6OPr
PEPT
Phone (573) 634-6410 Fax(573) 634-6457
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)
Article and Section Affected (if applicable)
Description of proposed text amendment:
iC(Zoning Map Amendment (Rezoning of Real Estate)
The undersigned hereby state they are the owners of the following described real estate:
Property Address: 330 6 �• TrK /�lv�
Legal/Property Description (write out or attach as an exhibit):
Wh petition to re Zone the above described real estate from its present classification of
district to G • 0 district. The purpose of this rezoning request is to:
(fin ln�r> A /hed'c ..P C_61A; .
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.
M t 01473-t-L-1 /� y A /'✓ _ M,�'e _1c ��
Property Owner#1 Name (type orprint) Property Owner Signature
Property Owner#2 Name (type orprint) Property Owner Signature
LAURA HENKE
NialnyrRubllm4 Nall8fyi8mal me this day of in the year �� t
STATE OF MISSOURI h `✓I` 7
Cole County _...__..__._
My Commission Expires May 5,2010 Notary Public
Commission#068808x1
Address of Property Owner#1: 1616 -'�vli 1
r j Dr_
e#A-so„ Clfwnio 5/a
Address of Property Owner#2
Phone Number(s):(513)6 O
Applicant Information (if different from property owner):
Name:
Address:
Phone Number
For City Use Only: Application Filing Fee$200
Payment Received:
_Cash (Receipt# ) Check (Copy,check # )
Attachments:
Additional sheets or documentation Applicant/Project Information Sheet Location Map
Page 1 or 1 May 6,2002
No 200707710
Bk 551 f g 640
Slate bt Q�iasmmrt-
StatQ of Missouri We;Cptittt'y
Cole county REMOED
RECORDED ,r..u1'}..7i 11Q7
2s0 "$9
Jul 17, 2007 @m
) r I
/� L8'rhri;CF.- an.
2.20:29 PM _ �—� t v r RcSurdtd Qeeds
Larry D. Rademan,
Recorder of Deeds V R
Fees $30.0011
J. Ridgeway. Deputy
tlepety
TRUSTEES'DEED
THIS INDENTURE,made on this 16'" day of July,2007,by and between Betty B.
Lepper and Sherry Beck Brenner,Trustees of the Mary Nadine Kauffman Trust dated
December 31,1985, of the County of Cole, State of Missouri, hereinafter referred to as
"Grantor," and Truman Real Estate Enterprises, LLC, of the County of Cole, State of
Missouri, hereinafter referred to as "G tee. mailing address of the Grantee is
Iwo Couhf aic_. 202e MiD (SICJ9
WrrNESSETH,that Grantor,in consideration of the sum of Ten Dollars($10,00)and
other good and valuable consideration to Grantor duly paid,the receipt of which is hereby
acknowledged, do by these presents, grant, bargain and sell, convey and confirm unto
Grantee and Grantee's successors and assigns, the following property situated in the
County of Cole,State of Missouri,described to wit:
A part of the Northeast Quarter of the Southeast
Quarter of Section 4, Township 44 North, Range 12 West,
particularly described as follows-
Beginning at a point on the south line of the County
Road where the west line of Lester Erhardt property
intersects with the south line of said County Road,said point
being 26.5 links south and 158 links west of the northeast
corner of said quarter quarter,thence south parallel with the
east line of said quarter quarter, 632 chains, thence
southwest parallel with the south line of county road, 3.36
chains,thence north parallel with the east line of said quarter
quarter, 6.32 chains to the south line of the County Road,
thence northeast along the south line of said County Road,
336 chains to the place of beginning.
Containing 2 acres, more or less.
'1K
Except that part described in Book 302, Page 5, Cole
County Recorder's Office.
Also, a part of the Southeast Quarter of Section 4,
Township 44 North,Range 12 West,particularly described as
follows:
From the northeast comer of the Southeast Quarter of
said Section 4,thence south along the section line,6.32 chains
to the beginning point of this description; thence west
parallel with the quarter section line, 1.58 chains, thence
south parallel with the section line, .261h chains, thence
South 61 degrees 20 minutes West,3.352 chains,thence south
parallel with the section line, 11.70 chains, thence North 61
degrees 20 minutes East, 5.028 chains, to the section line,
thence north along said section line,11.37 chains to the place
of beginning.
Except that part conveyed to The City of Jefferson,by
deed ofrecord in Book 278,Page 119,Cole County Recorder's
Office.
Except that part described in Book 301,Page 892,Cole
County Recorder's Office.
The terms and provisions of the Mary Nadine Kauffman Trust dated the 31'day of
December,1985,conferred on the Trustees the power to sell real estate on such terms as the
Trustees deem proper. Said Trust Agreement remains in full force and effect as of the date
this deed is given and has not been changed,amended or revoked.
TO HAVE AND TO HOLD,the premises aforesaid,with all and singular the rights,
privileges,appurtenances and immunities thereto belonging or in anywise appertaining
unto the said Grantee and unto its successors and assigns FOREVER,the Grantor hereby
covenanting that they are lawfully seized of an indefeasible estate in fee in the premises
herein conveyed as Trustee; that they have good right to convey the same;that the said
premises are free and clear of encumbrances done or suffered by them and that they will
warrant and defend the title to said premises unto the said Grantee, against the lawful
claims and demands of all persons claiming under it.
IN WITNESS WHEREOF,the said Grantors have hereunto set their hands and seals
the day and year first above written.
GRANTOR:
Betty B L peer,Trustee of the Nadine
Kauffman Trust dated the 3T'day of
December,1985
t .
Sherry Beo Brenner,Trustee of the Mary
Nadine Kauffman Trust dated the 31 'day of
December,1985
STATE OF MISSOURI )
) Ss.
COUNTY OF COLE )
On this I& day of July,2007,before me personally appeared Betty B. Lepper and
Sherry Beck Brenner,Trustees of the Mary Nadine Kauffman Trust dated the 31e1 day of
December, 1985, to me known to be the persons described in the foregoing instrument
respectively and acknowledged that they executed the same as their free act and deed.
IN TESMONY WHEREOF,I have hereunto set my hand and affixed my official
seal at my office in Jefferson City,Missouri,the day and year first above written.
to Public
My commission expires:
Maee Wiebag
Notary Public-Notary Seal
State of Mari
County dogs F
Commission#07422751
My Cren-k-;-P-4":Am7 28,2011
APPLICATION FOR AMENDMENTS TO THE COMPREHENSIVE PLAN
Dale Received:
City of Jefferson -Planning Division
Department of Community Development
320 East McCarty Street
Jefferson City, Missouri 65101
Phone (573) 634-6410 Fax(573) 634-6457
The undersigned hereby petitions the Planning and Zoning Commission and City Council of the City of Jefferson,
Missouri, for the following amendment(s) to the City's Comprehensive Plan or Development Plan Land Use Map,
O Text Amendment XM2P 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 therewas 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. Whetherevents 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 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.
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: 01property Owner OStaff I OPlanning and Zo 'ng Commission
M t 0 IV el R a1
Name (typed or pd ted) Signature
Applicant Information:
Property Owner Name 61 fSSol/rl VZ w� CGUL u C
Address )(!h SnJ r;d¢e Dr'vP. ShP. 10/
Snersrs PJh 710 %Sro`3
Phone Number(s): 573) [3Z 2:7-40
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 Applicant/Project Information Sheet
Pace 1 of 7 May 6,2002
c`ty OF I re
4�6 l0h
I s
City of Jefferson W� John Landwehr
Mayor
Department of Community Development Patrick E.Sullivan, P.E.; Director
320 East McCarty Street Phone: (5 73) 634-6410
Jefferson City, Missouri 65101 25 Fax: (573) 634-6457
February 25, 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, March 11, 2010 in the Council Chambers of the John G. Christy Municipal Building, 320 East
McCarty Street, to consider the following matter(--e map on back):
Case No. P10005 — 3306 W. Truman Boulevard; Rezoning from RA-2 and RS-1 to C-O
and a Comprehensive Plan Amendment. Request filed by Truman Real Estate
Enterprises LLC, property owner, Michael Ryan, authorized representative, to rezone an
area consisting of 2.69 acres from RA-2 High Density Residential and RS-1 Low Density
Residential to C-O Office Commercial and a Comprehensive Plan amendment to show the
property as Commercial on the development plan map of the Comprehensive Plan. The
property is located on West Truman Boulevard approximately 1000 feet east of Constitution
Drive. The property also has frontage on N. Ten Mile Drive approximately 200 feet west of
Madelines Park Drive. The property is described as part of the Northeast Quarter of the
Southeast Quarter of Section 4, 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
April 19, 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�ot,
e �ers® n � S���
Jefferson City Planning&Zoning Commission Page I
Property Owners List
Case No. P 10005 3306 W. Truman Boulevard March 11, 2010
Dix Nursery Legends Bank
3235 N. Ten Mile Dr PO Box 888
Jefferson City, MO 65109 Linn, MO 65051
3235 N. Ten Mile Dr 110 Madelines Park Dr
3242 W. Truman Blvd
Green, Jerry J& Melody M
Meehan, Glenda G 516 N. Eagle Trace
3307 N. Ten Mile Dr Jefferson City,MO 65109
Jefferson City, MO 65109 106 Madelines Park Dr
3307 N. Ten Mile Dr 102 Madelines Park Dr
113 Madelines Park Dr
Truman Real Estate Enterprises L L C
1616 Southridge Dr, Ste 202 Lunde, Dennis E & Marlene E, Trustees
Jefferson City, MO 65109 103 Madelines Park Dr
3306 W. Truman Blvd (Subject Property) Jefferson City, MO 65109
109 Madelines Park Dr
Schulte, William Joseph & Cari Ann
3316 N. Ten Mile Dr Metz, Michael P & Melanie S
Jefferson City, MO 65109 3308 N.Ten Mile Dr
3316 N. Ten Mile Dr Jefferson City, MO 65109
3308 N.Ten Mile Dr
Dietzel, Travis
3303 N. Ten Mile Dr Parish, James F
Jefferson City, MO 65109 3315 N.Ten Mile Dr
3303 N. Ten Mile Dr Jefferson City, MO 65109
3315 N.Ten Mile Dr
Davis, E Houston Jr
3322 N. Ten Mile Dr Shippen, Hilton R
Jefferson City,MO 65109 3319 N.Ten Mile Dr
3322 N. Ten Mile Dr Jefferson City, MO 65109
3319 N.Ten Mile Dr
Lunceford, Shawn &Julie N
3310 N. Ten Mile Dr Quadrant Enterprises Inc
Jefferson City, MO 65109 5306 Poire Dr
3310 N. Ten Mile Dr Jefferson City, MO 65109
3321 N.Ten Mile Dr
Willscherr Properties I L L C
120 E. High St McMillin, Ronald R
Jefferson City,MO 65101 2710 Barnhill Rd
3237 W. Truman Blvd Jefferson City, MO 65109
3314 W.Truman Blvd
Howard, James & Barbara L L C
3056 Co Rd 612 Division of Facilities Management
Freeburg, MO 65035 Design&Construction Leasing Section
3241 W. Truman Blvd 301 W. High Street
PO Box 809
Smith, Tom Dix Jefferson City, MO 65101
Smith, Charles Dix
3221 N. Ten Mile Dr Bodenhamer, Frederick E& Cheryl S
Jefferson City, MO 65109 409 Virginia Trl
3239 Smith Ct Jefferson City, MO 65109
3238 W.Truman Blvd
(REVISED)
PLANNING STAFF REPORT
JEFFERSON CITY PLANNING AND ZONING COMMISSION
March 11,2010
Case No.P10005—3306 W.Truman Boulevard;Rezoning from RA-2 and RS-1 to C-O and a Comprehensive
Plan Amendment. Request filed by Truman Real Estate Enterprises LLC, property owner, Michael Ryan,
authorized representative, to rezone an area consisting of 2.69 acres from RA-2 High Density Residential and RS-1
Low Density Residential to C-O Office Commercial and a Comprehensive Plan amendment to show the property as
Commercial on the development plan map of the Comprehensive Plan. The property is located on West Truman
Boulevard approximately 1000 feet east of Constitution Drive. The property also has frontage on N. Ten Mile
Drive approximately 200 feet west of Madelines Park Drive. The property is described as part of the Northeast
Quarter of the Southeast Quarter of Section 4, Township 44 North, Range 12 West, Jefferson City, Cole County,
Missouri.
Nature of Request
This property consists of 2.69 acres, with frontage on both West Truman Boulevard and North Ten Mile Drive. The
property is currently split by a zoning boundary line, with the southern portion of the property being zoned RA-2
Multi-Family Residential and the northern portion of the property being zoned RS-1 Single Family Residential.
The property owner is requesting to rezone the property to C-O Office Commercial. The stated intention for the
rezoning is to accommodate the future construction of a medical clinic building.
The Comprehensive Plan Development Plan map currently identifies the southern portion of the property as being
intended for commercial use and the northern portion of the property as being intended for high density residential
use. The rezoning of the southern portion of the property would be supported by the commercial designation on the
development plan map. The property owner has submitted a comprehensive plan amendment request to change the
designation of the northern portion of the property from High Density Residential to Commercial in order to support
the rezoning request on the northern portion of the property as well.
Zonine History
The multi-family residential zoning of the southern portion of the property was established in the 1980's after the
construction of West Truman Boulevard. The zoning has remained unchanged since that time. The adjacent
property on Truman Blvd.to the west was rezoned from RA-2 to C-1 in 2007.
Zoning and Surrounding Land Use
Current Zoning: RA-2/RS-1 Current Use: Undeveloped
Requested Zoning: C-O Intended Use: Medical Office
Surrounding Zoning Surrounding Uses
North RS-IBS-2 Single Family Residential
South RA-2/PUD State Office Building/Medical Office
East PUD Undeveloped Land/Commercial Offices
West RS-1/C-1 Single Family Residential/Undeveloped Commercial Property
Allowed Uses:
Allowed Uses: The C-O Commercial Office zoning district allows for a variety of land uses including offices, day
care centers, nursing homes, drive-through restaurants, and banks. Please see the Land Use Matrix in the Zoning
Code for a more detailed list of permitted uses.
Staff Analvsis
Standard checklist for rezoning: Yes No Notes:
Complies with Comprehensive Plan X The Comprehensive Plan divides this property into
two intended land use categories. The southern
portion of the property is identified as commercial,
and would support the requested commercial
rezoning. The northern portion of the property is
identified as High Density Residential and requires a
Comprehensive Plan amendment to support the
requested rezoning.
Planning and Zoning Commission March 11, 2010
Case No. P 10005 Page 2
Has access to necessary utilities X Utilities are in the vicinity, but would need to 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 There is no minimum size requirement for the C-O
zoning district.
Benefit to City is substantial when compared to X The City would benefit from the additional
adverse affects on adjacent property commercial property along Truman Blvd.
The rezoning would not be a grant of privilege to X The public would benefit from the additional
the owner with little or no benefit to the public commercial property along Truman Blvd.
After rezoning, the allowed uses would be X Although adjacent uses on N. Ten Mile Drive are
compatible with uses allowed in adjacent districts residential,the property's primary access is from
Truman Blvd. and this rezoning would continue the
commercial development trend along Truman Blvd.
After rezoning, the allowed uses would be X The rezoning of the property would be in line with a
compatible with adjacent existing land uses trend of commercial offices being developed on this
section of West Truman Blvd.
If not rezoned, the owner would be deprived of use X Adjacent properties on Truman Blvd. enjoy a
advantages enjoyed by surrounding owners(reverse commercial use of their property. Several properties
spot zoning) on N.Ten Mile Drive are being used in a
commercial manner.
The requested rezoning would be an expansion of X Existing commercial uses in the area were approved
an existing district through the PUD process or built by the State on
property zoned RA-2. The adjacent property to the
west is zoned C-I and this rezoning can be
considered a continuation of the commercial zoning
trend to the west.
Staff Recommendation and Analysis
Approve Deny Neutral
X
Comprehensive Plan Amendment:
The Development Plan map of the Comprehensive Plan identifies the area south of N. Ten Mile Drive in the
vicinity of this property as being intended for high density residential development. The multi-family residential
plan that was envisioned at the time the Comprehensive Plan was developed has never materialized, and N. Ten
Mile Drive instead consists of a mix of single family residential, multi family residential, and commercial
development. The pfapesed mr_..e e plan amendineatweuld d t e.t the a al de .I ... ent p tte
along e T-Faman Betile _d and would not be r de „ti. F., the lease I.. ,I .pment patt..
in ti..,
Stag ends appfeval ef the pf8pesed Comprehensive nl.,,, .,.ewe nz The proposed
Comprehensive Plan Amendment would support the commercial development pattern along West Truman
Boulevard, but would be in conflict with the predominantly residential pattern along North Ten Mile Drive.
Staff recommends a revised comprehensive plan amendment that would designate the majority of the
property as commercial, while retaining the northernmost portion of the property as residential. Please see
the attached revised zoning plan map.
Rezoning Request
a
d 1 I West T... .. Boulevard The z of the Faest n ��,ef. .. ..tier e9the ..d...l.... ..Id
seeendafT aeseqq *R dhe R-4-T-4-ee eammereial use, with the primai5 aesess AF the pfapeFty being eff of West Ti-aman
r Y a
Planning and Zoning Commission March 11, 2010
Case No. P10005 Page 2
Q. The
requested rezoning would serve to strengthen the commercial development pattern along West Truman
Boulevard, however,a commercial zoning of the northernmost portion of the property adjacent to North Ten
Mile Drive would seem to be in conflict with the surrounding residential uses. Staff recommends a revised
zoning plan that would rezone the majority of the property to the requested C-O Office Commercial zoning
designation while retaining the existing RS-1 Single Family zoning designation for the northernmost portion
of the property. Please see the attached revised zoning plan map. The area of RS-1 zoning shown on the
revised zoning map would contain a sufficient amount of area to qualify as a single family residential lot if
divided from the bulk of the property.
Form of Motion:
I. Approval of the request to affiend the develepRieRt plan fnap of the eampfebeasive plan to show th
as eeffiffiereiao
1. Approval of the revised comprehensive plan amendment to show the majority of the property as
commercial while retaining the northernmost portion of the property as its existing (high density
residential)designation as shown on the revised zoning plan map.
2. Approval of the revised zoning plan to rezone the majority of the property from RA-2 and RS-1 to C-
O Office Commercial while retaining the RS-1 zoning designation for the northernmost portion of the
property as shown on the revised zoning plan map.
City of Jefferson Planning & Zoning Commission
REVISED ZONING PLAN - CASE # P10005
'tom
RS-2
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RS-2
Area to retain RS-1 Zoning
and Residential designation
yr m Comprehensive Plan
r
{
-" RS-1
PUD
K
"t k� a yr iC
'ZIAN,0011, {
Area proposed to be rezoned
e
u3 from RA-2 and RS-1 to C-0 and
to be designated as commercial
within the Comprehensive Plan
RS-1
n
Case No. P10005
o ,e w ieo�-c
3306 W. Truman Boulevard
Rezoning from RA-2 and RS-1 to C-O s
and Comprehensive Plan Amendment
PLANNING & ZONING COMMISSION
CORRESPONDENCE RECEIVED
Case No. P10005
3306 W. Truman Boulevard
March 11, 2010
Sender Senders Address How Received
Joan Marsch 212 Dover Street Ernail
Travis Dietzel 3303 N. Ten Mile Drive Ermil
Stratman, Anne
From: McMillan, Janice
Sent: Wednesday, March 10, 2010 4:10 PM
To: Stratman, Anne
Subject: FW: Web site message from:Joan for Carrie Carroll
Correspondence for P&Z,.
---Janice
-----Original Message-----
From: Carrie Carroll [mailto:carrieocarroll @gmail.com]
Sent: Thursday, March 04, 2010 11: 05 PM
To: McMillan, Janice; jcjoan @socket.net
Subject: RE: Web site message from:Joan for Carrie Carroll
Thank you for the information Janice.
Joan, let us know if you have any questions about it.
Thank you! !
Carrie
Carrie Carroll
4th Ward City Council
E-mail carrieocarroll @gmail.com
Website www.CarrieCarroll.com
Home 573-635-641.6
Cell 573-230-7645
Carrie's Hallmark Shop
117 East high Street
Jefferson City, MO 65101
Phone 573-635-2712
E-mail carrieshallmark@gmail.com
-----Original Message-----
From: McMillan, Janice [mailto:JMCMillan @jeffcitymo.org]
Sent: Thursday, March 04, 2010 8:29 AM
To: Councilwoman Carroll; jcjoan @socket.net
Subject: RE: Web site message from:Joan for Carrie Carroll
Good morning,
An application has been filed to rezone 2. 69 acres addressed as 3306 Truman
Blvd to Office Commercial . Dr Michael Ryan owns the property and proposes
to construct a medical office building, we presume oriented to Truman Blvd,
but the property does extend up to North Ten Mile Dr.
The Planning & Zoning Case No. is P10005 -the agenda packet is being
prepared now, as are the notification letters to property owners within 185
feet; these will all be mailed tomorrow; the application information and
staff report will be posted on the planning webpage tomorrow, too. P&Z meets
on March 11.
The case description on the agenda is this:
Case No. P10005 - 3306 W Truman Blvd. Request filed by Truman Real Estate
Enterprises LLC, property owner, Michael Ryan, authorized representative, to
1
rezone an area consisting of 2. 69 acres from RA-2 High Density Residential
and RS-1 Low Density Residential to C-0 Office Commercial and a
Comprehensive Plan amendment to show the property as Commercial on the
development plan map of the Comprehensive Plan. The property is located on
West Truman Boulevard approximately 1000 feet east of Constitution Drive.
The property also has frontage on N. Ten Mile Drive approximately 200 feet
west of Madelines Park Drive. The property is described as part of the
Northeast Quarter of the Southeast Quarter of Section 9, Township 99 North,
Range 12 West, Jefferson City, Cole County, Missouri.
Janice McMillan, AICP
Planning & Transportation Services
City of Jefferson
320 East McCarty Street
Jefferson City, Missouri 65101
Direct: 573. 639 . 6929 / Main: 573. 639 . 6910
www.jeffcitymo.org/cd
-----Original. Message-----
From: Carrie Carroll [mailto:carrieocarroll @gmail.com]
Sent : Wednesday, March 03, 2010 10:92 PM
To: jcjoan @socl:et.net
Cc: McMillan, Janice
Subject: RE: Web site message from:Joan for Carrie Carroll
Joan,
I am not sure what is going there so I am copying Janice to check on that.
Janice, could you please let us know about the address below on North Ten
Mile Drive in Joan's e-mail?
Thank you! .
Carrie
Carrie Carroll
9th Ward City Council
E-mail carrieocarroll @gmail.com
Website www.CarrieCarroll.com
Home 573-635-6916
Cell 573-230-7695
Carrie's Hallmark Shop
117 East High Street
Jefferson City, MO 65101
Phone 573-635-2712
E-mail carrieshallmark @gmail.com
-----Original Message-----
From: jcjoan @socket.net [mailto:jcjoan @socket.net)
Sent: Wednesday, March 03, 2010 10: 18 PM
To: ccarroll @jeffcitymo.org
Subject: Web site message from:Joan for Carrie Carroll
I have just noticed a sign up on North Ten Mile Drive stating an open
hearing for planning and zoning changes for a piece of property that is
three lots past Dix Nursery. The change is to switch from RS-1 & RS-2 to CO
(something) . Do you know what kind of business, facility, etc. will be going
in at that address? It is directly across the street from four new homes
that are a part of Madeline Park Subdivision. We do not need another mental
health facility in our area.
I could not find any information on the city's web page.
Thank you,
Joan Marsch
2
Joan
Marsch
212 Dover Street
Jc
MO
65109
893-7080
jcjoan@socket.net
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Page 1 of 3
Barron, Eric
From: Barron, Eric
Sent: Friday, March 26, 2010 10:07 AM
To: Travis Dietzel
Cc: McMillan, Janice
Subject: FW: planning and zoning
Hello Travis,
Janice McMillan passed a message to me that you may not have received my earlier response to your
comments on the zoning case located along North Ten Mile Drive, which is attached below.
I also have some additional news. Due to several comments received from property owners in the area
who were concerned about the commercial zoning along N. Ten Mile Drive, we contacted the property
owner and discussed the possibility of a slightly modified zoning plan for the property that would rezone
the bulk of the property to C-O Office Commercial while retaining the single family zoning on the
northernmost part of the property (the part adjacent to N. Ten Mile Drive). The property owner was
agreeable to the revised zoning plan and the Planning and Zoning Commission gave the revised plan a
favorable vote at their meeting on March 11. The case will now proceed to the City Council, and is
scheduled for a public hearing in front of the City Council on April 19 at 6:00 P.M. in the Council
Chambers of City Hall.
The staff report and a map showing the revised zoning plan is posted on our website at
http://www ieffcitymo org/cd/planning/documents/revisedstaffreport-P10005-march pdf.
If you have any questions please do not hesitate to contact me.
Sincerely,
Eric Barron
Senior Planner
City of Jefferson
573-634-6419
From: Barron, Eric
Sent: Wednesday, March 10, 2010 2:05 PM
To: 'dugout75 @hotmail.com'
Cc: McMillan, Janice
Subject: FW: planning and zoning
Travis,
Thank you for your comments. As Janice mentioned, they will be forwarded to the Planning and Zoning
Commission for their review regarding this rezoning proposal. The Planning and Zoning Commission
routinely hears zoning proposals and they are careful to consider the uses of the surrounding property
when ruling on zoning matters. The Planning and Zoning Commission generally takes the existing land
uses, zoning, and intended land uses(outlined within the Comprehensive Plan) for property near rezoning
proposals into account more so than, for example, financial considerations associated with commercial
development.
This rezoning proposal is complicated by the fact that the property has frontage on two separate streets.
While there are a number of commercial activities taking place on North Ten Mile Drive, the uses
surrounding this property's North Ten Mile Drive frontage are residential. I'm sure that this will be an item
of discussion among the Planning and Zoning Commission members at Thursday's meeting.
I'd be happy to discuss the details of the rezoning proposal with you, as well as what a commercial
3/29/2010
Page 2 of 3
development of the property might entail. Please feel free to call me at 573-634-6419.
Eric Barron
Senior Planner
City of Jefferson
573-634-6419
From: McMillan, Janice
Sent: Wednesday, March 10, 2010 11:59 AM
To: Travis Dietzel
Cc: Barron, Eric
Subject: RE: planning and zoning
Thanks for your comments; they will be copied and distributed to the Planning and Zoning Commission.
I have also forwarded them to Eric Barron, Senior Planner, who will reply to your concerns.
Janice McMillan,AICP
Planning &Transportation Services
City of Jefferson
320 East McCarty Street
Jefferson City,Missouri 65101
Direct:573.634.6424/Main:573.634.6410
wwwj'effcitymo.org/cd
From:Travis Dietzel [mailto:dugout75 @hotmail.com]
Sent: Wednesday, March 10, 2010 11:53 AM
To: McMillan, Janice
Subject: planning and zoning
March 10, 2010
Department of Community Development/Planning Division
Mr. Eric Barron
320 East McCarty Street
Jefferson City, MO 65101
RE: Case No. P10005
Mr. Barron:
There is a reason the property on North Ten Mile Drive is zoned RS-1. The reason is it's residential.
The original intent of zoning is to allow property owners the reasonable use of their property insofar as
to use is not detrimental to the abutting properties or to the neighborhood. The key word is
neighborhood. Your job is to keep commercial and residential separate. Your planning staff report
shows surrounding zoning as North RS-1/RS-2, South RA-21PUD, East PUD, and West RS-1/C-1. It
3/29/2010
Page 3 of 3
should read North RS-1/RS-2, South RA-2/PUD, East RS-1, and West RS-1. The staff also shows a
benefit to the city is substantial when compared to the adverse affects on adjacent property. If that is the
case, why have zoning? As I write this letter I already know what your decision is going to be. The
City of Jefferson is broke and you need revenue no matter how you take it. It is one thing to turn
Truman Blvd into commercial property. It is another to turn North Ten Mile Drive surrounded by
residential into commercial. Please take a good look at your zoning maps.
Travis Dietzel
3303 North Ten Mile Drive
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3/24/2010