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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 y s P�Q s i i Case No. P09012 1920 Jefferson Street 180 90 0 180 Feet N W E Preliminary PUD Plan S City of Jefferson Manning & Zoning Commission LOCATION Aftb Ad 7., 4, �V y �` Pi �Ly .F y� j y, F v• 0. Y. Fd f A *vl lie, l y�c/{ it` � � f 1•� �A/� N 50 25 0 50 Feet 1920 Jefferson Street ME1931111111111111111 W+E Preliminary PUD Plan S 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 I ' 9 � rsoi-.vouvexao�xe33NI�N3lummna3eraonv ww.o-o i I'll' IgflnN B�-`° �o<�= x �u gK-M dor .I71Vtl(Y M MA'I(1.. `Cis' 'Q1 flMMYIFa �I '� .� �➢ % ItIIIa y@its *Im aoo a a � � i Li 0 CL I U 4 �j O ' .7.4 ; ,'�, /,` $ �F✓ g, // ��IO T\ .�'b �. ate• .M M:gg"•j eXl�e.Ft � L LU LD occ All An gga 1 6g I I I o 4 T C! tUtS.4 CW'�ti�U�st'og9( ,•,•••.ca.en'.r,A[K To-v�e:n E.r+ra[.st m Ct[:b ,�L��.r+-�:R+q swaei+s5,it <M'e` F.LiS•I:.ye�. ¢db Dl'RLI.'�' iTeep�aq( 1amS U0412jj3(' °+c�rwy„ m6w�6+sac S iNYF@'1M1S3t1 S,L3hi�,�R3N ter.. — "a�''�_rnv. ;ez:ec=rc_�.—rangy • SNOUVA313 6v3a g 1HJIa " ?mar•r<acresra temyt� �w 0 FU � �- y Jp W � <4 < ry 4 2 f } O F Eon U rii¢ o� 3Um �p0= R�UU S- t G �oti�Ul CLI J4, uj U 4 J, '0.0 h± �rc j C 0. ! �o ._ } ° v o oil ig at I �LL 8t•8t is i,a' CFi!•C1lP0... 31M10 4ur[cD MUM 10155 .[�-.,a :�'! i60.R Nwl: fetUr4 RNE fBlWecr�Q hails u0ssagar s�^on) a+inn. sral�zr a s ti as+vvanvls-:18 sxWn0 m3N " SNOUVAA 113133l'81NOdj rzu o a Sa ui 3==LL j �oaF arses a e s wo Z 1 w ' o w ku a ku Ll i M•� J V } i o� f 3 4a F:a z K��y[ � toy � i i o o J 1-ZL U a - - O v 3 �= OF c�S ref 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.