HomeMy Public PortalAboutORD14515 BILL NO. 2008-169
SPONSORED BY C_ouncilman Klindt
ORDINANCE NO. 14 ' l
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A
PRELIMINARY PUD PLAN FOR PROPERTY ADDRESSED AS 1920 JEFFERSON
STREET; DESCRIBED AS PART OF THE NORTHWEST QUARTER OF SECTION 24,
TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY,
MISSOURI.
WHEREAS, John and Georgia Pardalos, are owners of the real estate hereinafter
described, being located in Jefferson City, Cole County, Missouri, and more
particularly described as follows: A tract of land in the Northwest Quarter of
Section 24, Township 44 North, Range 12 West, in the City of Jefferson,
Cole County, Missouri, being the same tract of land as described in the Cole
County Recorder's Office in Deed Book 376 at Page 215 being more
particularly described as follows: Commencing at the Southwest Corner of
the Northwest Quarter of the Northwest Quarter of Section 24, Township 44
North, Range 12 West; thence South 87°55'43" East, 855.63 feet to a found
iron pin on the westerly right-of-way of Highway 54; thence along said right-
of-way, North 46°04'26" East 497.73 feet to the point of beginning; thence
leaving said right-of-way, North 53°13'17" West, 166.18 feet; thence North
28°49'40" East 200.61 feet; thence South 61°10'20" East 193.29 feet to the
aforementioned westerly right-of-way line of Highway 54; thence along said
right-of-way, South 28°49'40" West, 131.15 feet; thence South 46°04'45"
West, 96.80 feet to the point of beginning. Containing 0.92 acres more or
less. All lying in the Northwest Quarter of Section 24, Township 44 North,
Range 12 West in the City of Jefferson, Cole County, Missouri; and
WHEREAS, it appears that the procedures set forth in the zoning code relating to zoning
have in all matters been complied with, as said property owners submitted to
the Planning and Zoning Commission and City Council a Preliminary PUD
Plan for the above referenced property.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. The Preliminary PUD Plan submitted by Anderson Engineering,
Consultant, on file as Case No. P09012 in the Jefferson City Planning Division is hereby
approved for the above land referenced herein.
Section 2. The underlying zoning district, for the purpose of determining allowed
uses, is hereby established as C-2 General Commercial.
Section 3. No common areas are proposed and no lands are dedicated to public
use with this PUD Plan.
1
Section 4. This ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed, Approves
Pre
sri7 O cer or
ATTEST: APP A ,O FORM:
(7
ity Cler City Counselor
2
EXCERPT OF UN-APPROVED MINUTES
JEFFERSON CITY PLANNING AND ZONING COMMISSION
March 12, 2009
5:15 p.m.
COMMISSION MEMBERS PRESENT_ ATTENDANCE RECORD_
Mike Berendzen, Chair 8 of 9
Bob George 7 of 9
David Hagan 6 of 9
J. Rick Mihalevich 6 of 9
David Nunn 7 of 9
Ralph Robinett, Vice Chairman 8 of 9
Chris Yarnell 7 of 9
Scott Stacey, Alternate* 2 of 3
*Arrived late
COMMISSION ME_MBERS ABSENT
Randy Bickel 5 of 9
John Lake 5 of 9
Jack Deeken, Alternate 5 of 9
Chris Jordan, Alternate 6 of 9
EX-OFFICIO MEMBERS PRESENT
Dan Klindt, City Council Liaison
STAFF PRESENT
Janice McMillan, Deputy Director of Planning &Transportation Services
Drew Hilpert, Associate City Counselor
Eric Barron, Senior Planner
David Bange, Engineering Division Director
Shane Wade, Civil Engineer II
Anne Stratman, Administrative Assistant
New Business
Case No. P09012— 1920 Jefferson Street; Preliminary PUD Plan. Application filed by
John and Georgia Pardalos, property owners, on behalf of Allen Walz, applicant, for a
Preliminary PUD Plan to construct a 3,954 square foot drive through restaurant. The
property is located on the west side of Jefferson Street approximately 600 feet south of
Southwest Boulevard. The property is described as part of the Northwest Quarter of
Section 24, Township 44 North, Range 12 West, in the City of Jefferson, Cole County,
Missouri. (Anderson Engineering, Consultant)
Mr. Barron described the proposal and explained that the subject property is the former
Kentucky Fried Chicken site. He explained that the applicant is requesting approval of a
Preliminary PUD Plan for the construction of a Culver's Restaurant.
Mr. Chris McGuire, McCon Building Corporation, 1059 Circle Drive, Highland, WI 53543
spoke regarding this request. Mr. McGuire explained that Culver's Restaurant was founded
in 1984 and currently has 384 restaurants. He stated that the closest restaurants are in
Columbia and Osage Beach. Mr. McGuire explained that the project has been re-oriented so
that it parallels Jefferson Street in order to maximize parking and comply with all city
ordinances. He stated that one element he is working through is an existing access
easement across the property that is located within the building footprint and belongs to the
Missouri Lottery.
No one spoke in opposition to this request and no correspondence was received.
Mr. Barron gave the Planning Division staff report and explained that a five (5) foot wide
sidewalk is proposed along the frontage of Jefferson Street. He stated that the easement
traveling through the center of the subject property must be vacated. Mr. Barron explained
that staff recommends not presenting the Preliminary PUD Plan to Council until such time
that the easement is vacated.
Excerpt of Unapproved Minutes/Jefferson City Planning &Zoning Commission Page 2
March 12, 2009
Mr. Wade gave the Engineering Division staff report and explained that the proposed
development is served by an existing sanitary sewer main running along Jefferson Street and
also along the southern side of the site. He stated that there is a proposed retaining wall
along the southern side of the site which would encroach on the existing utility easement. Mr.
Wade recommends relocating the sanitary sewer further to the north with a new easement
dedicated specifically for sanitary sewer purposes. He stated that AmerenUE has indicated
that due to the proposed retaining wall encroaching into the 15 foot utility easement on the
southern portion of the site access to the underground electric may be restricted and
relocation may be necessary.
Mr. Robinett inquired why a five (5) foot wide sidewalk is required when there are no
sidewalks on either side of the proposed development. In response, Mr. Barron explained
that sidewalks are a standard requirement in the code for new commercial and multi-family
residential development. He stated that the goal is to provide sidewalks throughout the city.
Mr. Barron explained that eventually other sites in this area will redevelop and sidewalks will
be required.
Mr. Barron stated that, after further consultation with staff and the developer, the
Preliminary PUD Plan could proceed to Council without the vacation of the easement. He
emphasized that no building permit would be issued until the easement has been vacated.
Mr. Robinett believed that the City Council was going to do some type of modification,
adjustment or allowance for those sidewalks that have no connectivity. In response, Mr.
Klindt explained that there is an exception in the sidewalk ordinance that allows developers to
apply for a variance and the Director of Community Development has the discretion to
approve or disapprove that variance. He stated that it is easier for developers to apply for a
variance for those sidewalks with no connectivity.
Mr. Bange explained that in the near future the City will start constructing sidewalks at the
intersection of Route C and Southwest Boulevard. He stated that the City could potentially
be building sidewalks on the northwestern and northeastern side of the intersection as well as
on the southwestern side to Crader Drive. Mr. Bange explained that sidewalks have been
constructed to the south of this location on the Central Electric site. He stated that at some
point in time, it would be beneficial to build sidewalks for those patronizing the hotels located
south of this intersection in order to walk to the restaurants along Jefferson Street.
Mr. Yarnell moved and Mr. Hagan seconded to recommend approval of the Preliminary
PUD Plan for 1920 Jefferson Street subject to compliance with the recommendations and
technical corrections of the Engineering Division, to the City Council.
Mr. Nunn inquired whether the Commission needs to address the vacation of the
easement in the motion. In response, Mr. Hilpert clarified that the Preliminary PUD Plan can
be forwarded to the City Council without vacating the easement. He suggested deleting the
first condition where staff recommends such.
The motion passed 7-0 with the following votes:
Aye: George, Hagan, Mihalevich, Nunn, Robinett, Stacey, Yarnell
City of Jefferson Planning & Zoning Commissi®n
VICINITY
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Case No. P09012
1920 Jefferson Street
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Preliminary PUD Plan
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City of Jefferson Manning & Zoning Commission
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Preliminary PUD Plan
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APPLICATION FOR PLANNED UNIT DEVELOP_ MENT (PUD)
Date 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
Cl Concept PUD Plan and Rezoning (a Rezoning Application must also be submitted)
O Preliminary PUD Plan and Rezoning (a Rezoning Application must also be submitted)
X Preliminary PUD Plan (where land is already zoned PUD)
O Final PUD Plan (where land is already zoned PUD)
O Final PUD Plan and Subdivision Plat(when the subdivision of land into lots is required)
PUD Project Name: Culvers of Jefferson City
Street Address: 1920 Jefferson Street
Legal Description (as follows or is attached): See Attached
Please attach or include the following:
(a) Typed project narrative describing the type and character of the development, including land uses,
acreage, proposed residential densities or commercial floor area (FAR); public or private open
space, amenities or recreation areas to be provided; sidewalks and pedestrian ways; parking areas;
deviations from minimum design standards of Section 35-51; project phasing plan, if applicable; and
other information required by Section 35-74 or applicable sections of the Zoning Code. The project
title and location must be included upon every page. Number all pages a d attachments.
(b) Site Plan and/or Development Plan, as applicable.
(c) Preliminary or Final Subdivision Plat or Declaration of Condominium Association, as applicable;
(d) Draft of Covenants, Conditions and Restrictions, as applicable;
(e) Traffic impact analysis, if required by Section 35-60;
(f) Signage Plan, including type, locations and dimensions of all proposed signs;
(g) Landscaping and Screening Plan;
(h) Lighting Plan, including pole heights, type of fixtures or luminaries, and foot candles;
W Filing fees
Please supply four(4) copies of all required material for initial staff review.Additional copies may be required for
distribution to the Planning and Zoning Commission and City Council, in the number as specified by staff.
Application Information:
Applicant Name (if different from owner): Allen A. Walz Allen.Walz(d-_�charter.net
Address: 5323 Royal Hills Drive St. Louis MO 63129 _
Phone Number(s): 314-487-1585 cell: 314-795-8147
(Attach Project/Applicant Information Sheet if more space is necessary)
Consultant Name: Chris McGuire cmcquiregD_mccon.net
Address: 1059 Circle Drive P.O. Box 247 Highland, WI 53543
Phone Number(s): 608-929-7737 cell: 608-287-4545
The attached information accurately represents this proposed project. 1
Par CA C)Property,^ er Signature Printed Namad Date
Property Owner`Signature Printe Name Date
For Staff Use Only:
Application Filing Fee Received: Amount Check # )
Attachments: Narrative Site Plan ApplicantlProject Information Sheet
Note other information submitted:
Page 1 of 6
APPLICATION FOR PLANNED UNIT DEVELOPMENT (PUD)
Date Received
City of Jefferson - Planning Division
Department of Community Developmentf' a 1
320 East McCarty Street-Jefferson City, Missouri 65101 r •� � m �.
Phone (573) 634-6410 Fax (573) 634-6457 C S
P
Concept PUD Plan and Rezoning (a Rezoning Application must also be submitted) ;
Preliminary PUD Plan and Rezoning (a Rezoning Application must also be submitted)
Preliminary PUD Plan (where land is already zoned PUD)
Final PUD Plan (where land is already zoned PUD) G
Final PUD Plan and Subdivision Plat(when the subdivision of land into lots is required) I-
I,
PUD Project Name: c=- tai V) - Oil S r C". "
Street Address: ^ Y,- ja:a , G> __
Legal Description (as follows or i attach d
I
Please attach or include the following:
(a) Typed project narrative describing the type and character of the development, including land uses,
acreage, proposed residential densities or commercial floor area (FAR); public or private open space,
amenities or recreation areas to be provided; sidewalks and pedestrian ways; parking areas;
deviations from minimum design standards of Section 35-51; project phasing plan, if applicable; and
other information required by Section 35-74 or applicable sections of the Zoning Code. The project
title and location must be included upon every page. Number all pages and attachments,
(b) Site Plan and/or Development Plan, as applicable.
(c) Preliminary or Final Subdivision Plat or Declaration of Condominium Association, as applicable;
(d) Draft of Covenants, Conditions and Restrictions, as applicable;
(e) Traffic impact analysis, if required by Section 35-60;
(f) Signage Plan, including type, locations and dimensions of all proposed signs;
(g) Landscaping and Screening Plan;
(h) Lighting Plan, including pole heights,type of fixtures or luminaries, and foot candles;
(i) Filing fees
i
Please supply four(4)copies of all required material for initial staff review.Additional copies may be required for
distribution to the Planning and Zoning Commission and City Council,in the number as specified by staff.
I
Application Information: • 'L""4,
Applicant Name if different from owner): f,,•, fy
Address
_ kke- '2
!I Phone Number(s): 3 i `9 4 t
4 (Attach ProjectlApplicant Information Sheet if more space is necessary)
Consultant Name: CLI .-9`-2 % + a , r J a PU ro
Address: r C 5 5 C, "Cie ;, 11 1
Phone Number(s): L - C?a 2:7:L2 (0 � L
The attache rxn i � urately repr cents this proposed project.
P!!�erty-6wfT&Signature Printed me Date
Consultant Signature Prind Name 17v ate
For Staff Use Only:
Application Filing Fee Received: Amount Check # )
Attachments: Narrative Site Plan ApplicanbProject Information Sheet
Note other information submitted: —�-- -
Page 1 of 6
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City of Jefferson M �,
;� John Lanclwehr
A Mayor
Department of Community Development Patrick E. Sullivan, P.E.; Director
320 East McCarty Street Phone: (573) 634-641 0
Jefferson City, Missouri 65101 25 Fax. (573) 634-6457
February 26, 2009
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 12, 2009 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. P09012 — 1920 Jefferson Street; Preliminary PUD Plan, Application filed by
John and Georgia Pardalos, property owners, on behalf of Allen Walz, applicant, for a
Preliminary PUD Plan to construct a 3,954 square foot drive through restaurant. The
property is located on the west side of Jefferson Street approximately 600 feet south of
Southwest Boulevard. The property is described as part of the Northwest Quarter of Section
24, Township 44 North, Range 12 West, in the City of Jefferson, Cole County, Missouri.
(Anderson Engineering, Consultant)
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 20, 2009. 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
Dty of
I)B1�e f le r s o n
!!f- aeoo
'g COMMUNITY DEVELOPMENT
Jefferson City Planning&Zoning Commission
Property Owners List
Case No. P09012 1920 Jefferson Street March 12, 2009
Franchise Realty Interstate Corp
2003 Southridge Drive
Jefferson City, MO 65109
Gerstner Inc
1937 Christy Drive
Jefferson City, MO 65101
1937 Christy Drive
1917 Christy Drive
MREH
1021 Southwest Boulevard
Jefferson City, MO 65109
1923 Christy Drive
Jay Manba, Inc
1926 Jefferson Street
Jefferson City, MO 65109
1926 Jefferson Street
Missouri State Lottery
PO Box 1603
Jefferson City, MO 65102
1823 Southridge Drive
John Pardalos
716 Ihler Road
Jefferson City, MO 65109
1920 Jefferson Street (Subject Property)
Joseph Scheppers
2300 St. Mary's Boulevard
Jefferson City,MO 65109
1904 Southwest Boulevard
West Gate J C, LLC
2909 Falling Leaf Lane
Columbia, MO 65201
2017 Christy Drive
Jeff Schaeperkoetter, Director
Division of Facilities Management
Design& Construction
PO Box 809
Jefferson City,MO 65102
1823 Southridge Drive
PLANNING STAFF REPORT
JEFFERSON CITY PLANNING AND ZONING COMMISSION
March 12,2009
Case No.P09012—1920 Jefferson Street;Preliminary PUD Plan. Application filed by John and Georgia
Pardalos,property owners,on behalf of Allen Walz,applicant,for a Preliminary PUD Plan to construct a 3,954
square foot drive through restaurant. The property is located on the west side of Jefferson Street approximately
600 feet south of Southwest Boulevard. The property is described as part of the Northwest Quarter of Section
24, Township 44 North, Range 12 West, in the City of Jefferson, Cole County, Missouri. (Anderson
Engineering, Consultant)
Nature of Request
The applicant is requesting approval of a Preliminary PUD Plan in order to allow for the construction of a drive
through restaurant. The development would consist of a 3,964 square foot building with a drive through lane
and a 53 space parking lot.
Location
The subject property is located on the western side of Jefferson Street approximately 600 feet south of
Southwest Boulevard Adjacent zonin g and land use is as follows:
Surrounding Zoning Surrounding Uses
North PUD Drive through restaurant
South C-2 Motel
East C-2 Highway Ri ht of-wa
West PUD I Missouri Lottery Building
Staff Analysis
Parking: The required parking for drive through restaurants is 1 parking space per four seats. The applicant
has indicated that there will be seating arrangements for a total of 94 customers,which would require 24
parking spaces. A total of 53 parking spaces are indicated on the Preliminary PUD Plan.
Permitted Uses: The applicant is proposing an underlying zoning district of C-2 General Commercial for the
purpose of determining permitted uses.
Access/Traffic The site is currently accessed via two driveways. The new building would be accessed from
Jefferson Street via a single driveway. The previous restaurant consisted of a 3,400 square foot building,with
an estimated peak hour traffic generation of 200 vehicle trips. The proposed restaurant consists of a 3,964
square foot building, with an estimated peak hour traffic generation of 229 vehicle trips. The estimated
increase in peak hour traffic generation is 29 vehicle trips or 14.5%. No site specific traffic study is required.
Building Design: Elevation drawings representing the fmade design of the building have been submitted.
Landscaping: The Preliminary PUD Plan indicates that 8 parking lot landscaping trees will be used in order to
meet the parking lot landscaping requirements.
Sims: No changes to the signage requirements for commercial districts is proposed.
Li htin : Outdoor lighting is proposed to adhere to the requirements of the underlying C-2 General
Commercial zoning district A parking lot lighting plan thatmeets these requirements has been submitted.
Pedestrian Walkways: A 5 foot wide sidewalk is proposed along Jefferson Street.
Planning and Zoning Commission March 12,2009
Case No. P09012 Page 2
Access to Neighboring Property: There is an existing access easement across the property that is located within
the proposed building footprint. This easement must be vacated or otherwise resolved prior to development of
the site as proposed.
Staff Recommendation
Staff recommends approval of the Preliminary PUD Plan subject to the following conditions:
1. Vacation of the access easement to the neighboring property that conflicts with the proposed
building footprint.
2. Compliance with the recommendations and technical corrections of the Engineering Division.
Jefferson City
Planning & Zoning Commission Meeting
Engineering Division Staff Report
Thursday, March 12, 2009, 5:15pm
Item 6. - New Business - Public Hearings
Case No. P09012 - Preliminary Site Plan, Culvers Restaurant, 1920 Jefferson Street(PUD)
ENGINEERING STAFF RECOMMENDATION-
Support approval.
Infrastructure Summary
* Most infrastructure exists in the vicinity. Sidewalk is not in the vicinity. A private storm
water system runs across the property. Sanitary sewer exists to serve this development.
Site Plan/Improvements Summary
Storm Water/Erosion Control
* Detailed storm water and erosion control plans will be needed with the final site plan.
Sanitary Sewer
* The proposed development is served by an existing sanitary sewer main running along
and through the site. Due to proposed retaining wall construction, the sanitary sewer
main across the southern portion of the property will be relocated, and a new easement
will be dedicated specifically for sanitary sewer purposes.
Sidewalk
* A five (5) feet sidewalk is proposed along Jefferson Street.
Street Access /Traffic Impact/Ingress & Egress
* Jefferson Street is an outer roadway for U.S. 54 and is a MoDOT facility.
* Access for this development is proposed with one(1) driveway to Jefferson Street. The
existing site has two (2) entrances onto Jefferson Street. MoDOT will have to approve
and permit work on Jefferson Street right-of-way.
* An existing private roadway easement across the property is proposed to be abandoned,
since it is loacated where the building is proposed. This easement will need to be
relinquished prior to final approval.
Fire Hydrants / Street Lights /Utilities
r A fire hydrant exist along Jefferson Street. No additional facilities are proposed with this
development.
* Ameren/UE has indicated that due to proposed retaining wall encroachment into the 15'
utility easement on the southern portion of the sight, access to the underground electric
may be restricted. A relocation of the electric may be necessary.