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Home My Public Portal AboutORD14558 BILL NO. 2009-43 PASSED AS AMENDED SPONSORED by Councilman Struemph ORDINANCE NO. 14558 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL SUBDIVISION PLAT OF CHERRY CREEK SUBDIVISION, SECTION TWO, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. WHEREAS, PDIL, LLC, owner of the real estate hereinafter described, having submitted to the City Council a plat of said real estate, being located in Jefferson City, Cole County, Missouri, and being part of the West Half of the Southeast Quarter of Section 34, Township 45 North, Range 12 West, in the City of Jefferson, Cole County, Missouri, more particularly described as follows: Part of the West Half of the Southeast Quarter of Section 34, Township 45 North, Range 12 West, in the City of Jefferson, Cole County Missouri, more particularly described as follows: BEGINNING at the southwesterly corner of Lot 2 of CHERRY CREEK-SECTION 1, as per plat of record in Plat Book 12, page 497, Cole County Recorder's Office; thence N83 053'39"E, along the southerly line of said Lot 2 and Lot 1 of said CHERRY CREEK-SECTION 1, 438.26 feet to the southeasterly corner of said LOT 1, also being a point on the westerly line of CHERRY CREEK CONDOMINIUMS, as per plat of record in Plat 12, page 572, Cole County Recorder's Office, and also being a point on the westerly line of LOT 5 of said CHERRY CREEK-SECTION 1; thence S06 00621"E, along the westerly line of CHERRY CREEK CONDOMINIUMS also being the westerly line of said LOT 5, 839.66 feet to the southwesterly corner thereof, also being a point on the northerly line of a tract of land as described in Book 284, page 674, Cole County Recorder's Office; thence S84 013'47"W along the northerly line of said tract of land as described in Book 284, page 674, 437.76 feet to the northwesterly corner thereof, also being a point on the easterly right-of-way line of MISSOURI STATE HIGHWAY 179; thence along the easterly right-of-way line of MISSOURI STATE HIGHWAY 179 the following courses: N04 032'20"W, 56.45 feet; thence N08°09'16"W, 237.86 feet; thence northerly, on a curve to the left having a radius of 17,263.46 feet, an arc distance of 472.04 feet, (chord being N05 019'20"W, 472.03 feet); thence N06 006'20"W, 70.98 feet to the point of beginning. Containing 8.47 acres. WHEREAS, it appearing that said plat has been fully and properly signed and accepted by the owner of said subdivision, known and referred to as the Final Subdivision Plat of Cherry Creek Subdivision, Section Two, that all taxes have been paid, that in all respects the requirements of Chapter 445, RSMo, entitled "Plats" have been fully complied with by the owner of said subdivision, and that in all respects the requirements of the Planning and Zoning Commission of the City of Jefferson, Missouri, relating to plats and subdivisions have been complied with. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: SECTION 1. That the Final Subdivision Plat of Cherry Creek Subdivision, Section Two, lying, being and situated within the corporate limits of the City of Jefferson, Missouri, as shown by the said plat attached hereto and made a part of this ordinance, is hereby approved and accepted by the City Council of the City of Jefferson, Missouri, provided that such approval is expressly conditioned on Owners' agreement that the first 77 feet of the private drive (from the MoDot right- of-way) shall be constructed and dedicated as a public street. SECTION 2. The Mayor and City Clerk are hereby authorized and directed to endorse acceptance of said plat hereon and to certify the approval of said plat under the seal of the City of Jefferson. SECTION 3. This ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: /ji' 7 �,� Approve : :200y Presidin j Officer M Yor/ �I / ATTEST: PP D FORM: City Cle City oun elor EXCERPT OF UN-APPROVED MINUTES JEFFERSON CITY PLANNING AND ZONING COMMISSION June 11, 2009 5:15 p.m. COMMISSION MEMBERS PRESENT ATTENDANCE RECORD Randy Bickel 1 of 1 David Hagan 1 of 1 John Lake 1 of 1 J. Rick Mihalevich 1 of 1 Ralph Robinett, Vice Chairman 1 of 1 Chris Yarnell 1 of 1 Jack Deeken, Alternate 1 of 1 Chris Jordan, Alternate 1 of 1 Scott Stacey, Alternate 1 of 1 COMMISSION MEMBERS ABSENT Mike Berendzen, Chair 0 of 1 Bob George 0 of 1 David Nunn 0 of 1 EX-OFFICIO_MEMBERS PRESENT Eric Struemph, City Council Liaison STAFF PRESENT Janice McMillan, Deputy Director of Planning & Transportation Services Drew Hilpert, Associate City Counselor Eric Barron, Senior Planner Shane Wade, Civil Engineer II Anne Stratman, Administrative Assistant Case No. P09023 — 400 Block of Rock Hill Road (Highway 179); Final Subdivision Plat of Cherry Creek Subdivision, Section Two. Application filed by PDIL LLC, property owner, Ski Mariea, Authorized Representative, for a final plat of 8.47 acres on land zoned C- 2 General Commercial. This proposed final plat includes 3 commercial lots. The property is located on the eastern side of Rock Hill Road (also known as Highway 179) approximately 500 feet south of Cherry Creek Court. The property is described as part of the West Half of the Southeast Quarter of Section 34, Township 45 North, Range 12 West, Jefferson City, Cole County, Missouri. (Central Missouri Professional Services, Consultant) Mr. Barron described the proposal and explained that a portion of Cherry Creek Subdivision had not been platted to date. He stated that Cherry Creek Subdivision, Section One, includes much of the residential property located to the rear of the property and also several lots located on the Cherry Creek Court cul-de-sac. Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, spoke regarding this request. Mr. Bates distributed an aerial photo depicting the proposed location of Section Two and a copy of the final subdivision plat. He explained that the improvements planned as a part of the original subdivision development included improvements to Highway 179 and an entrance has been constructed in accordance with the traffic impact study requirements. Excerpt of Unapproved Minutes/Jefferson City Planning & Zoning Commission Page 2 June 11, 2009 Mr. Ski Mariea, PDIL, LLC, 814 W. Stadium Boulevard, spoke regarding this request and explained that the proposed development of Lot 8 will consist of a 10,000 square foot strip mall. No correspondence in opposition or in favor of this request was received. Ms. Marilyn Seaton, 738 Dean Drive, spoke in opposition to this request and voiced the following concerns: (1) the proposed commercial development sitting vacant; and (2) safety issues as a result of an increase in traffic on Highway 179 due to a commercial development. Mr. Barron gave the Planning Division staff report and explained that the proposed development consists of three (3) commercial lots on 8.47 acres. He stated that a short cul- de-sac street was identified on the preliminary plat approved in 2004. Mr. Barron explained that current development plans show the use of a private ingress/egress easement in order to provide access to all three lots from the single permitted entrance off of Rock Hill Road. Mr. Wade gave the Engineering Division staff report and explained that infrastructure either exists or is previously approved to serve the subdivision. He stated that sidewalks have been previously constructed along Highway 179. Mr. Bates stated that he concurs with staff comments and recommendations. Mr. Lake moved and Mr. Bickel seconded to recommend approval of the Final Subdivision Plat of Cherry Creek Subdivision, Section Two, to the City Council, subject to compliance with the technical corrections and recommendations of the Engineering Division. The motion passed 8-0 with the following votes: Aye: Bickel, Deeken, Hagan, Jordan, Lake, Mihalevich, Stacey, Yarnell City of Jefferson Planning & (Zoning Commission VICINITY - l W: OE I � t L eK I HILLST f I 1 CHij RY CREED r f i i (P O i I � r r Ir r 1�_J I �.tj L-10 i � ! - j z i 'y W11 I: Oi: r f J i- <: f i I -- i. i ...: ., ! ! f i MArN - M k _ _ OU QTR LU i -- Lu- Uj I U , _ --- N 400 Block of Rock Hill Rd. / Hwy 179 550 275 0 550 Feet W E Cherry Creek Section 2 Final Subdivision Plat S City of Jefferson Planning & Zoning Commission LOCATION :. 1 Ncys�R9vam�.oerd_.�sa. -- �-,�;:e•„� rv�-m � f;�law. 1... n �A"6 � tl4l�i ymsea�n-. !' 1 Mir C�2 V r 2 IT f `�I I pnP C r-VIN� i� I qtr p}'1v% In �; I s A _1a r 21Y Y �{ w K G AA 1� �, !f, R �,ti+.• �,� 'te�':� .`-i,NTA'€� NxblrA� '&� .4 p ,r t, W N 270 135 0 270 Feet 400 Block of Rock Hill Road / Hvvy 179 W+E Cherry Creek Section 2 S Final Subdivision Plat APPLICATION FOR SUBDIVISION PLAT Date Received: I' City of Jefferson, Missouri Department of Community Development- Planning Division 320 East McCarty Street, Room 120 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 type of subdivision: Preliminary Plat _X,Final Plat 1. Name of Subdivision: Cherry Creek-Section 2 2. General location: Rock Hill Road 3. Existing/Proposed zoning: C-2 (existing) 4. Existing/Proposed use of the property: Vacant(existing) Retail Center(Proposed) 5. Size of the property in acres: 8.47 acres 6. Total number of lots proposed: 3 lots 7. The following items need to be submitted with the plat drawing, if applicable: A. Public improvement construction plans are to be submitted to the Engineering Division with a final plat. Signature of the Division Director, or his/her designee, is needed to certify that plans have been submitted: (N/A if no plans are required) Signature Date B. Description of any variances to the Subdivision Regulations being requested (please note section number of the regulation below and attach a letter stating justification for the variance(s): NONE C. Appropriate application filing fee: $ 106.00 Single-Family Residential - $100 plus $2 per lot (Maximum of$300) Multi-Family Residential -$100 plus$2 per dwelling unit Comme,xial & Industrial - $100 plus $2 per lot PDIL LLC / Ski Mariea_ Property Owner Name (type or print) -Pro erty Owner Signature bate Paul Samson, PE 7 Engineer Name (type or print) gineer Signatu Date Brian Rockwell, RLS S% II Surveyor Name (type or pa r i nature Dnt) g Contact person for this application: Name: Paul Samson, PE Address: 2500 E. McCarty Street, Jefferson City, Mo. 65101 Phone Number: (573) 634-3455 For Staff Use Only Attachments: Notes: a I I I � iz - r„/�•` _,9CCfb I+�.Cr.SI:@S -ir ce I 7 -- I I O - _ y 1 y CC y Y E O '^ rte► a= F — --- ---------—--- ✓'/ ! -1 n�(4 < a I _ 1 � I �I o PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION June 11,2009 Case No. P09023 — 400 Block of Rock Hill Road (Highway 179); .Final Subdivision Plat of Cherry Creek Subdivision, Section Two. Application filed by PDIL LLC, property owner, Ski Mariea, Authorized Representative, for a final plat of 8.47 acres on land zoned C-2 General Commercial. This proposed final plat includes 3 commercial lots. The property is Iocated on the eastern side of Rock Hill Road (also known as Highway 179) approximately 500 feet south of Cherry Creek Court The property is described as part of the West Half of the Southeast Quarter of Section 34, Township 45 North, Range 12 West, Jefferson City, Cole County, Missouri. (Central Missouri Professional Services, Consultant) Background The preliminary plat for Cherry Creek Subdivision was approved by the Planning and Zoning Commission on April 11, 2004 and the Final Plat for Cherry Creek Subdivision Section One was approved by the Planning and Zoning Commission on June 10, 2004. Descrirition of Proposed_Plat Zoning: C-2 General Commercial Size of Property: 8.47 Acres Number of Lots: 3 Lot Sizes: Lot 6— 5.09 acres Lot 7—2.03 acres Lot 8— 1.35 acres Streets: No new streets are proposed with this final plat. A short cul-de-sac street was identified on the preliminary plat (which was approved in 2004) but current development plans for the property favor the use of a private ingress/egress easement in order to provide access to all three lots from the single permitted entrance off of Rock Hill Road(Highway 179). Public Improvement Plans: The public improvement plans for Cherry Creek Section 2 have been submitted. These plans consist of a sewer line extension. Staff Recommendation Staff recommends approval of the final subdivision plat subject to the following conditions: 1. Compliance with the technical corrections and recommendations of the Engineering Division. Jefferson City Planning & Zoning Commission Meeting Engineering Division Staff Deport Thursday, June 11, 2009, 5:15pm Item 7. - Other New Business Case No. P09023 - Final Subdivision PIat, Cherry Creek Subdivision, Section Two (2) (C-2) ENGINEERING STAFF RECOMMENDATION- Recommend approval. Existin2Infrastructure Summary * Infrastructure either exists or is previously approved to serve the subdivision. Sidewalk has been previously constructed along Missouri Route 179. Storm water detention has been previously constructed with Section One(1) development. Storm water along Missouri Route 179 has been installed previously. Sanitary sewer is proposed to be extended to serve all proposed lots. Improvements Summary Storm Water/Erosion Control * Storm water and erosion control plans are previously approved for the subdivision. Specific site plans will be necessary for all lots in the future. Sanitary Sewer * The proposed development will be served by an existing sanitary sewer main proposed to be extended to serve Section Two (2). The sewer main extension is proposed to serve the lots within the subdivision. Sanitary sewer main extension plans have been reviewed and comments have been returned to the consultant for consideration on a revised submittal. Sidewalk * Sidewalk has been previously constructed along Missouri Route 179. Street Access /Traffic Impact * Access exists from Route 179 in one (1) location to serve Section Two (2). An ingress/egress easement has been proposed to provide access to all proposed lots from this single access point to Missouri Rout 179 right-of-way. Fire Hvdrants/ Street Lifhts * Facilities within the subdivision are proposed in accordance with City standards. I Materials from the June 11 , 2009 Planning & Zoning Commission Meeting 400 Block of Rock Hill Road (Highway 179) PDIL, LLC Final Subdivision Plat Cherry Creek Subdivision, Section Two List of Exhibits A. Color rendering of the proposed subdivision layout , r„ fwbh Er CV N { I M CF w d V c _ U O O S cc X O - - � a +� .' _-• _ a o d r � e 2 o N m all SIIIH NIAU ry W c� a _s 89H •4. J d _