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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 .�Pk,v tF'=.; � �x� X t bi � ti•,�a i k t t s + � '•) iyy �,j 1 1 4 h ' p F 4� y. s s Iq 1 N 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. • • i I ' ;l TURKEY CREEK GOLF CENTER 1616 OIL WELLQROAD R AREA;T,O.l3EREZPA1.,NED e a / FROM RIJ;T,O ACRES - M• /A. r r / 1 M-1 txtt= _ 1 PROPOSED REZONING 3 0 25 50 100 150 200 cM „ "�""'"°°"`°°°°"`�" NORTH JEFFERSON CITY GOLF CENTER LLC .,ca.Na�,o, Feet 1616 0H WO Road A. Reza ng from GSM 4® M-1 B. C®mpvehenMve Man Amendment Of j mat foy I 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 Clty of,..., nu nu n. 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.