HomeMy Public PortalAboutORD14472 1
I
BILL NO. 2008-127
• SPONSORED BY Councilman,K/lindt
ORDINANCE NO.
AN ORDINANCE OFTHE CITY OF JEFFERSON,MISSOURI,CHANGING,AMENDING,AND MODIFYING
THE ZONING MAP OF THE ZONING CODE OF THE CITY OF JEFFERSON,BY REZONING 3.84 ACRES
FROM RU RURAL USE TO M-1 LIGHT INDUSTRIAL, FOR LAND ADDRESSED AS 1616 OIL WELL
ROAD, DESCRIBED AS PART OF US PRIVATE SURVEY NO. 2622 OF SECTIONS 9 AND 10,
TOWNSHIP 44 NORTH, RANGE 11 WEST,JEFFERSON CITY,CALLAWAY 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 RU Rural Use to M-1 Light Industrial:
Part of the U.S. Private Survey No. 2622 of Sections 9 and 10, Township 44 North, Range 11 West, in the
City of Jefferson,Callaway County, Missouri: From the southeasterly corner of the remaining part of Parent
Tract (1616 Oil Well Road) as described in Book 54, page 4, Callaway County Recorder's Office; thence
along the boundary of said Tract N88 017'37"W, 1802.65 feet to the POINT OF BEGINNING; thence
continuing N88'1 7'37"N, 517.00 feet to the southwesterly corner of a tract of land described in Book 315,
page 642,Callaway County Recorder's Office;thence along the boundary of said tract N28 034'23"W,462.84
feet to the northwesterly corner of said tract; thence leaving said tract and along the Oil Well Road public
right-of-way(by use) N25 023'54"E,3.02 feet;thence leaving said Public right-of-way(by use)S65 056'03"E,
445.97 feet; thence S24 058'53"W, 267.78 feet to the POINT OF BEGINNING. Containing 3.84 acres.
Section 2. An amendment to the Comprehensive Plan Development Plan Map is hereby endorsed
to reflect the changes for the area described in Section 1 from Rural Use to Industrial.
Section 3. This ordinance shall be in full force and effect from and after its passage
and approval.
Passed: v�/, Approved:
t � -
Presiding Officer yor
A r EST: APPROVED TO FORM:
• City erk City Counselor
EXCERPT OF UN-APPROVED MINUTES
JEFFERSON CITY PLANNING AND ZONING COMMISSION
January 8, 2009
5:15 p.m.
COMMISSION MEMBERS PRESENT ATTENDANCE RECORD
Mike Berendzen, Chair 6 of 7
Randy Bickel 4 of 7
Bob George 5 of 7
David Hagan 4 of 7
J. Rick Mihalevich 4 of 7
Ralph Robinett, Vice Chairman 6 of 7
Jack Deeken, Alternate 5 of 7
Chris Jordan, Alternate 5 of 7
COMMISSION MEMBERS ABSENT
John Lake 4 of 7
David Nunn 5 of 7
Chris Yarnell 5 of 7
Scott Stacey, Alternate 0 of 1
EX-OFFICIO MEMBERS PRESENT
Mike Harvey, Alternate 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
New Business
Case No. P09001 — 1616 Oil Well Road; Rezoning from" RU to M-1 and
Comprehensive Plan Amendment. Application filed by Daniel and Kimberly
Baumgartner, property owners, to rezone 3.84 acres from RU Rural to M-1 Light
Industrial and an associated amendment to the Comprehensive Plan. The property
is located on Oil Well Road approximately 2000 feet northwest of the intersection of
Katy Road. The described property is part of the larger tract of land containing the
Turkey Creek Golf Center. The property is described as part of US Private Survey
No. 2622 of Sections 9 and 10, Township 44 North, Range 11 West, in the City of
Jefferson, Callaway County, Missouri. The complete property description is on file at
the Department of Community Development. (Central Missouri Professional
Services, Consultant)
Mr. Barron described the proposal and explained that in 1998 the applicant
requested to rezone the entire property from RU to M-1 in order to allow for the
development of the Turkey Creek Golf Center. He stated that this request was denied by
Council and the zoning code was subsequently amended in order to allow outdoor
recreational facilities as a conditional use of the RU zoning district. Mr. Barron explained
that the applicant then applied for and was granted a conditional use permit by the Board
of Adjustment on October 13, 1998.
Excerpt of Unapproved Minutes/Jefferson City Planning & Zoning Commission Page 2
January 8, 2009
Mr. Danny Baumgartner, 2406 Lexington Drive, spoke regarding this request and
explained that the proposed storage units will be able to accommodate boats for the use
of the Department of Conservation boat ramp. He explained that smaller units will be
built on the end to accommodate bicycles for use on the Katy Trail. ,
Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street,
spoke regarding this request. Mr. Bates distributed a visual depicting the area to be
rezoned. He explained that the subject property is located in the floodplain and the
proposed storage units will be built in accordance with floodplain regulations.
No one spoke in opposition to this request and no correspondence was received.
Mr. Barron gave the Planning Division staff report and explained that several
industrial uses exist in the vicinity and that the property is well suited for industrial use.
He emphasized that this property is in the floodplain and any development would need to
be in accordance with floodplain regulations.
Mr. Bickel moved and Mr. Hagan seconded to recommend approval of the
Comprehensive Plan Amendment to show the property as industrial, to the City Council.
The motion passed 7-0 with the following votes:
Aye: Bickel, Deeken, George, Hagan, Jordan, Mihalevich, Robinett
Mr. Bickel moved and Mr. Hagan seconded to recommend approval of rezoning 1616
Oil Well Road from RU to M-1, to the City Council. The motion passed 7-0 with the
following votes:
Aye: Bickel, Deeken, George, Hagan, Jordan, Mihalevich, Robinett
•
City Of Jefferson Planning & Zoning Commission
LOCATION
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1616 Oil Well Road 230 115 0 230 Feet w E
Rezoning from RU to M-1 S
and Comprehensive Plan Amendment
APPLICATION FOR ZONING ORDINANCE AMENDMENT
City of Jefferson - Planning Division _ ��_ ,'
Department of Community Development
320 East McCarty Street " 9 2008
Jefferson City, Missouri 65101
Phone (573)634-6410 Fax (573)634-6457
C MiDEPITY�frEhTOr-
The undersigned hereby petitions the Planning and Zoning Commission and City Coun
Missouri, for the following amendment to the Zoning Code:
O Zoning Text Amendment (Describe below or attach complete narrative; complete 'Applicant"information
Article and Section Affected (if applicable)
Description of proposed text amendment:
XZoning Map Amendment (Rezoning of Real Estate)
The undersigned hereby state they are the owners of the following described real estate (legal description
must be printed below 422 ched as an exhibit):Property Address: Z L 1,��L�. i� S,L� �, dV61
Legal/Property Description:
Who petition to rezone the above described real estate from its present status of
to Al district. The purpose of this rezoning request is to
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 SHE S.
Property Owner#1 Name (type or print) Property Ow er Signatu e
.6sTl
Pro erty Owner 0 Name (type or print) Property Owner Signa ure
Subscribed and sworn before me this q__day of in the year �.
JENNIFER L,FLETCHER
Notary Public-Notary Seal N a Public
STATE OF MISSOURI
Count
my ommission Expires /29/2010
Address of Property OwnerCR71missi� t69706 � �
Address of Property Owner#2
.104 21
Phone Number(s):" —dam
Applicant Information (if different from property owner):
Name:
Address:
Phone Number
For City Use Only., Application Filing Fee$200
Payment Received:
Cash (Indicate Receipt# ) Check(Copy; indicate check# )
*achments:
Additional sheets or documentation Applicant/Project Information Sheet Location Map
Page 1 of 1 May 6,2002
98-217
® Dan Baumgartner
12-10-08
Rezoning Description
3.84 Acre Tract
Part of the U.S. Private Survey No. 2622 of Sections 9 and 10, Township 44 North,
Range 11 West, in the City of Jefferson, Callaway County, Missouri:
From the southeasterly corner of the remaining part of Parent Tract (1616 Oil Well Road)
as described in Book 54, page 4, Callaway County Recorder's Office; thence along the
boundary of said Tract N88°17'37"W, 1802.65 feet to the POINT OF BEGINNING;
thence continuing N88 017'37"N, 517.00 feet to the southwesterly corner of a tract of land
described in Book 315, page 642, Callaway County Recorder's Office; thence along the
boundary of said tract N28°34'23"W, 462.84 feet to the northwesterly corner of said
tract; thence leaving said tract and along the Oil Well Road public right-of-way (by use)
N25 023'54"E, 3.02 feet; thence leaving said Public right-of-way (by use) S65°56'03"E,
445.97 feet; thence S24°58'53"W, 267.78 feet to the POINT OF BEGINNING.
Containing 3.84 acres.
APPLICATION FOR AMENDMENTS TO THE COMPREHENSIVE PLAN
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
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 O Map 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 there was 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. Whether events 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,sanitary and 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: /OPropert/y Owner OStaff OPlanning and Zoning Commission
Name (typed or printed) Signature
Applicant Information:
Property Owner Name
Address
Phone Number(s): Sy—/9�/ G'36=7833,
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
Page 1 of 1 May 6,2002
Comprehensive Plan Narrative
Section 35-74.A.4
1616 Oil Well Road
Requested Designation as Industrial on the Development Plan Map
A. The Comprehensive Plan did not take into account the mix of rural and
manufacturing uses in this area.
B. The Commission did not anticipate the mix of rural and manufacturing uses in
this area.
C. The change is consistent with the manufacturing nature of the surrounding
properties in this area of the City.
D. The change is not needed to improve consistency between the Comprehensive
Plan and other adopted plans.
E. The necessary utilities are available in the area.
F. There is a lack of M-1 zoning and industrial land in the City
G. The community will benefit from the additional manufacturing land.
•
•
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;l TURKEY CREEK GOLF CENTER
1616 OIL WELLQROAD
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PROPOSED REZONING 3 0 25 50 100 150 200
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„ "�""'"°°"`°°°°"`�" NORTH JEFFERSON CITY GOLF CENTER LLC
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1616 0H WO Road
A. Reza ng from GSM 4® M-1
B. C®mpvehenMve Man Amendment
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City of Jefferson g 0. John Landwehr
Mayor
• Department of Community Development Patrick E.Sullivan, P.E.; Director
320 East McCarty Street Phone: (573) 634-6410
Jefferson City, Missouri 65101 M.. 5 ss Fax: (573)634-6457
December 23, 2008
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, January 8, 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. P09001 — 1616 Oil Well Road; Rezoning from RU to M-1 and Comprehensive
Plan Amendment. Application filed by Daniel and Kimberly Baumgartner, property owners,
to rezone 3.84 acres from RU Rural to M-1 Light Industrial and an associated amendment to
the Comprehensive Plan. The property is located on Oil Well Road approximately 2000 feet
northwest of the intersection of Katy Road. The described property is part of the larger tract
of land containing the Turkey Creek Golf Center. The property is described as part of US
Private Survey No. 2622 of Sections 9 and 10, Township 44 North, Range 11 West, in the
City of Jefferson, Callaway County, Missouri. The complete property description is on file at
the Department of Community Development. (Central Missouri Professional Services,
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
February 16, 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
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ref erson {
COMMUNITY DEVELOPMENT 1 r :.i':.dinc, a Fetter cornmun;ty"
Jefferson City Planning&Zoning Commission
Property Owners List
Case No. P09001 1616 Oil Well Road January 8, 2009
® Capital City Sod Farms
1202 US Hwy 63
Jefferson City, MO 65101
1202 Hwy 63
Cheryl Becker
3422 Shermans Hollow
Jefferson City, MO 65109
Off of Hwy 63
Turkey Creek Golf Center
1616 Oil Well Road
Jefferson City, MO 65101
Subject property— 1616 Oilwell Road
Pleus Prop. Management
P.O. Box 441
Jefferson City, MO 65102
Off of Oil Well Road
Ellen Burgett
c/o Dorothy Maul
P.O. Box 771194
Richmond Heights, MO 63177
Off of Oil Well Road
PLANNING STAFF REPORT
JEFFERSON CITY PLANNING AND ZONING COMMISSION
January 8,2009
• Case No. P09001 — 1616 Oil Well Road; Rezoning from RU to M-1 and Comprehensive Plan Amendment.
Application filed by Daniel and Kimberly Baumgartner, property owners, to rezone 3.84 acres from RU Rural to M-1
Light Industrial and an associated amendment to the Comprehensive Plan. The property is located on Oil Well Road
approximately 2000 feet northwest of the intersection of Katy Road. The described property is part of the larger tract of
land containing the Turkey Creek Golf Center. The property is described as part of US Private Survey No. 2622 of
Sections 9 and 10, Township 44 North, Range 11 West, in the City of Jefferson, Callaway County, Missouri. The
complete property description is on file at the Department of Community Development. (Central Missouri Professional
Services, Consultant)
Nature of Request
This rezoning and comprehensive plan amendment request is for a tract of land that consists of 3.84 acres and is
part of the Turkey Creek Golf Center. The purpose for the request is to facilitate the development of storage units
on the property.
Zoning History
This property is a small portion of a larger tract of land that was annexed into the city limits in 1976 and is currently
know as the Turkey Creek Golf Center. A conditional use permit authorizing the use of the property as an outdoor
recreational facility (including a golf course, miniature golf course, and driving range) was approved by the Board
of Adjustment on October 13, 1998. At that time, the zoning code had only recently been amended in order to
allow outdoor recreational facilities as a conditional use of the RU zoning district. A previous request to rezone the
entire property from RU to M-I (in order to allow for the development of the Turkey Creek Golf Center) had been
denied by the City Council and the zoning code was subsequently amended in order to allow outdoor recreational
facilities as a conditional use of the RU zoning district. The property owner then pursued the conditional use
permit.
ZoninE and Surrounding Land Use
Current Zoning: RU Current Use: Overflow Parking Lot
Requested Zoning: M-1 Intended Use: Storage Units
Surrounding Zoning Surrounding Uses
North RU Driving Range
South M-1 Vacant Land
East RU Golf Course and Miniature Golf Course
West I Unincorporated Farmland
Allowed Uses:
The M-1 Light Industrial zoning district allows for a variety of land uses including clinics, offices, contractor/trade
shops, storage buildings, mini-warehouses, motor vehicle repair, impoundment lots, industrial manufacturing,
warehouses,and recycling stations.
Staff Analysis
Standard checklist for rezoning: Yes No Notes:
Complies with Comprehensive Plan X The development plan map of the comprehensive
plan does not identify a specific use for this
property,which is indicative of its rural status
within the floodplain. The applicant has filed an
associated comprehensive plan amendment that
would match the requested zoning of the property.
Has access to necessary utilities X Necessary utilities could be reasonably extended to
serve the property.
Located outside flood zone X The property does lie within the 100 year
flood lain.
Meets district size requirement X There is no minimum or maximum size requirement
Planning and Zoning Commission January 8, 2009
Case No. P09001 Page 2
for the M-1 zoning district.
Commercial districts do not receive primary access X Primary access is off of Oil Well Road,which is a
from local street abutting residential district commercial street in this vicinity.
Benefit to City is substantial when compared to X The city would benefit from the development of the
adverse affects on adjacent property property in a light industrial manner.
The rezoning would not be a grant of privilege to X Adjacent property owners would benefit from the
the owner with little or no benefit to the public reasonable development of the property.
After rezoning, the allowed uses would be X Much of the nearby property is zoned M-1.
compatible with uses allowed in adjacent districts
After rezoning, the allowed uses would be X While much of the surrounding property is
compatible with adjacent existing land uses undeveloped,there are several light industrial uses
in the vicinity.
If not rezoned, the owner would be deprived of use X Much of the surrounding property is currently zoned
advantages enjoyed by surrounding owners M-1.
reverses of zoning)
The requested rezoning would be an expansion of X The requested zoning would be an expansion of the
an existing district adjacent M-I zoning district.
Approve Deny Neutral
Staff Recommendation X
Staff Recommendation
Comprehensive Plan Amendment:
While the intended use of the property is currently not designated on the development plan map of the
comprehensive plan, this undesignated status is typical for areas intended for use as farmland and areas within the
floodplain of the Missouri River. While the property is located in the floodplain, several industrial uses exist in the
vicinity and the property is well suited to industrial use if developed in a manner that is mindful of the flood hazards
associated with the Missouri River. Staff recommends approval of the comprehensive plan amendment.
Rezoning Request:
While there are several other industrial uses in the vicinity of this property and much of the nearby land is zoned for
light industrial use, it is important to remember that this property is prone to flooding and any new development
would need to be constructed according to floodplain regulations. Staff recommends approval of the request to
rezone the property from RU Rural to M-1 Light Industrial.
Staff recommends the following:
1. Approval of the amendment the Development Plan Map of the Comprehensive Plan to show the property as
industrial.
2. Approval of the request to rezone the property from RU to M-1.