HomeMy Public PortalAboutORD14474 BILL NO. 2008-129
• SPONSORED BY Councilman Klindt
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING, AMENDING, AND
MODIFYING THE ZONING MAP OF THE ZONING CODE OF THE CITY OF JEFFERSON, BY
REZONING 5.5 ACRES FROM RS-2 SINGLE FAMILY RESIDENTIAL AND RU RURAL USE TO
C-1 NEIGHBORHOOD COMMERCIAL, FOR LAND ADDRESSED AS 225 CITY VIEW DRIVE,
DESCRIBED AS PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 22, TOWNSHIP 44 NORTH, RANGE 11 WEST, JEFFERSON CITY, COLE COUNTY,
MISSOURI
WHEREAS, It appears that the procedures set forth in the zoning code relating to zoning have in
all matters been complied with.
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 RS-2 Single Family Residential
to C-1 Neighborhood Commercial: Part of the Northwest Quarter of the Southeast Quarter of Section
22, Township 44 North, Range 11 West, in the City of Jefferson, Cole County, Missouri, more
particularly described as follows:From the southeast corner of the Northwest Quarter of the Southeast
Quarter of said Section 22; thence NO2 001'54"E, along the Quarter, Quarter Section Line, 470.52 to
the southeasterly corner of a tract of land as per deed of record in Book 181, page 447, Cole County
Recorder's Office; thence N56 018'12"W, along the southerly line of said tract of land as per deed of
record in Book 181, page 447, 121.50 feet to the POINT OF BEGINNING for this description;thence
S41 057'19"W, 347.81 feet to a point on the northerly right-of-way line of U.S. Highway 50; thence
northwesterly, along the northerly right-of-way line of U.S. Highway 50, on a curve to the left having
a radius of 291.00 feet, an arc length of 116.38 feet, (the chord of said curve being N70 021'24"W,
115.61 feet); thence northwesterly, along the northerly right-of-way line of U.S. Highway 50, on a
curve to the right having a radius of 59.00 feet, an arc length of 100.96 feet, (the chord of said curve
being N32 047'28"W, 89.09 feet); thence N66 008'31"W, along the northerly right-of-way line of U.S.
Highway 50, 29.58 feet to a point on the easterly right-of-way line of City View Drive; thence
N23 051'30"E,along the easterly right-of-way line of City View Drive, 110.78 feet;thence N 15°10'22"E,
along the easterly right-of-way line of City View Drive, 132.44 feet; thence northeasterly, along the
easterly right-of-way line of City View Drive, on a curve to the right having a radius of 1848.46 feet,
an arc length of 108.18 feet, (the chord of said curve being N25 032'06"E, 108.16 feet) to the
southwesterly corner of said tract of land as per deed of record in Book 181, page 447; thence
S56°18'12"E, along the southerly line of said tract of land as per deed of record in Book 181, page
447, 349.30 feet to the POINT OF BEGINNING, containing 2.34 acres.
Section 2. The following described real estate is rezoned from RU Rural Use to C-1
Neighborhood Commercial: Part of the Northwest Quarter of the Southeast Quarter and part of the
Southwest Quarter of the Southeast Quarter of Section 22, Township 44 North, Range 11 West, in
the City of Jefferson, Cole County, Missouri, more particularly described as follows: BEGINNING at
the southeast corner of the Northwest Quarter of the Southeast Quarter of said Section 22; thence
NO2 001'54"E, along the Quarter, Quarter Section Line, 470.52 to the southeasterly corner of a tract
of land as per deed of record in Book 181, page 447, Cole County Recorder's Office; thence
• N56 018'12"W, along the southerly line of said tract of land as per deed of record in Book 181, page
-1-
447, 121.50; thence S41°57'19"W, 347.81 feet to a point on the northerly right-of-way line of U.S.
• Highway 50;thence southeasterly,along the northerly right-of-way line of U.S.Highway 50,on a curve
to the right having a radius of 291.00 feet, an arc length of 220.49 feet, (the chord of said curve being
S3701 1'35"E,215.25 feet);thence southeasterly,along the northerly right-of-way line of U.S.Highway
50, on a curve to the left having a radius of 434.00 feet, an arc length of 171.55 feet, (the chord of
said curve being S26 048'38"E, 170.43 feet);thence S02 058'07"E,along the northerly right-of-way line
of U.S. Highway 50, 175.47 feet; thence S55 032'38"E, along the northerly right-of-way line of U.S.
Highway 50, 110.17 feet to the Quarter,Quarter Section Line;thence NO2 001'54"E,along the Quarter,
Quarter Section Line, 282.35 feet to the POINT OF BEGINNING; containing 3.16 acres.
Section 3. This ordinance shall be in full force and effect from and after its passage and
approval.
Passed: Approved: _T /e 7
14044,C A
i
Presiding Officer y
_ T: APP VED S OR
ity CI rk.... City Counselor
-2-
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. P09003 — 225 City View Drive; Rezoning from RS-2 and RU to C-1.
Application filed by Don and Velma Renkemeyer, property owners, to rezone 2.34
acres from RS-2 Low Density Residential to C-1 Neighborhood Commercial and 3.16
acres from RU Rural to C-1 Neighborhood Commercial. The property is located on
the eastern side of City View Drive immediately north of the intersection of City View
Drive and US Highway 50/63. The property is described as part of the Northwest
Quarter of the Southeast Quarter of Section 22, Township 44 North, Range 11 West,
in the City of Jefferson, Cole County, Missouri. The complete property description is
on file at the Department of Community Development. (Central Missouri
Professional Services, Consultant)
Mr. Barron explained that a small portion of the property, approximately 0.25 acres,
is currently zoned C-1. He stated that this rezoning request would expand the existing C-
1 zoning district by rezoning 3.16 acres from RU to C-1 and rezoning approximately 2.1
acres from RS-2 to C-1. Mr. Barron explained that the stated purpose of the rezoning
request is to allow for the development of a neighborhood commercial project.
Mr. Duane Schreimann, Schreimann, Rackers, Francka & Blunt, LLC, 2316 St.
Mary's Boulevard, Suite 130, spoke on behalf of Don and Velma Renkemeyer. Mr.
Schreimann explained that this property is located across the street from a C-1 zoning
area on City View Drive. He stated that this rezoning request gives an opportunity for
continued development on the east side. Mr. Schreimann stated that they are aware of
the neighbors concerns with what potentially could go in there. He stated that he is at
® liberty to tell the Planning and Zoning Commission that this property is currently under an
oral contract with a local bank. Mr. Schreimann explained that the property owners on
the east side of City View Drive and north of the Renkemeyer property are in support of
this project.
y
Excerpt of Unapproved Minutes/Jefferson City Planning & Zoning Commission Page 2
January 8, 2009
Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street,
• spoke regarding this request. Mr. Bates distributed (1) a composite visual that gives an
overall view of the rezoning request for Robinson Road and City View Drive and; (2) a
site visual for City View Drive and Highway 50. Mr. Bates stated that a cell tower is
located on the southeast corner of the site and is accessed by a gravel drive that
parallels the right-of-way line for the 50/63 interchange. He explained that there is a
conceptual site plan for the financial facility, which will complement the neighborhood.
Mr. Bates stated that this portion of E. McCarty Street and City View Drive will be going
through a redevelopment. He explained that two of the five properties that Mr.
Schreimann referenced are owned by Mr. Renkemeyer. Mr. Bates stated that the
remaining property owners are aware of the redevelopment and understand that it is
logical that their homes could be bought. He stated that there is not a lot of potential for
use of the remainder of the property due to issues with the terrain.
No one spoke in opposition to this request. Correspondence in opposition to this
request was received from the following individuals:
Nikki and Doug Loethen, 2930 Hillview Drive
Chris Pritchard, 2934 Hillview Drive
Mr. Barron gave the Planning Division staff report and explained that this rezoning
request would be an expansion of an existing C-1 Neighborhood Commercial zoning
district and is in conformance with the development plan map of the comprehensive plan.
He stated that the property is located adjacent to City View Drive, a minor arterial
roadway, and a major highway interchange. In response to Mr. Robinett's question
whether this is an example of spot zoning, Mr. Barron explained that immediately across
the street are a number of duplexes that were developed under a conditional use permit
• back when the zoning code allowed for duplexes as a conditional use in the C-1 zoning
district. He explained that this property is located across Highway 50/63 from the Wal-
Mart development, which is zoned C-2. Mr. Barron stated that this rezoning request
would be a logical expansion of commercial zoning in the area.
Mr. Robinett stated that he disagrees and that two major US highways and an
interchange is not a continuation of commercial zoning but constitutes a buffer.
Mr. Jordan agreed that this is a continuation of C-1 zoning, as Mr. Barron stated in
the staff report a small portion of this property is currently zoned C-1.
Mr. Jordan moved and Mr. Bickel seconded to recommend approval of rezoning 225
City View Drive from RS-2 and RU to C-1, to the City Council. The motion passed 7-0
with the following votes:
Aye: Bickel, Deeken, George, Hagan, Jordan, Mihalevich, Robinett
•
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APPLICATION FOR ZONING ORDINANCE AMENDMENTS
Dale 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 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:
Zoning 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 beloVt or attached as an exhibit):
Property Address: 0��/l�ef-
Legal/Property Description: See a aGh1e
Whq petition to rezone the above described real estate from its present status of AAn
WIS.t 1L to G• di tr' , Th purpose of this ezoning re uest is to a w W`
ALL OWNERS OF REAL PROPERTY PROPOSED TO BE REZONED MUST SIGN THE APPLIc AND ALL SIGNATURE
MUST BE NOTARIZED. IF ADDITIONAL SIGNATURES ARE NEEDED,PLEBS TTAC EP R SH- S.
ropertvyOwner#7 Na me (ty/p/e or print) r Signature
Property Owner#2 Name (type or pd 4) Woperty Owner Signature
Subs ibed and sw&f�g @Flbf this day of ce'"ye., in the year Zo o
Notary Public-Notary Seal
STATE OF MISSOURI
Cole County ary Public
Commission 407207069
Address of Property Owner#1: ,P AI- e
Address of Property Owner#2 -je121
Phone Number(s): I
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 # )
Attachments:
Additional sheets or documentation Applicant/Project Information Sheet Location Map
Page 1 of 1 May 6,2002
ZONING MAP AMENDMENTS
Review Criteria
Renkemeyer Property
City View Drive
CMPS Job #94-083
December 9,2008
a. The existing zoning was in error at the time of adoption.
There was no error when the plan was adopted.
b. There has been a change in character in the area due to installation of public
facilities, other zone changes, new growth trends, neighborhood deterioration, or
development transitions.
The area has continued to change with the expansion of the commercial/industrial
districts along East McCarty Street. The new Walmart store will open in 2009 and
the adjoining interchange opened in October, 2008.
C. There is a community need for the proposed rezoning.
The community will benefit from the development of land adjacent to the
interchange.
d. The proposed change is consistent with, and in furtherance of, the implementation
of the goals and policies of the Comprehensive Plan, other adopted plans, and the
policies, intents and requirements of this Ordinance and other City regulations and
guidelines.
The change is consistent with anticipated development and redevelopment along
the East McCarty/City View corridor.
C. The proposed zoning is compatible with the zoning and uses of property nearby.
There is commercially zoned property south and west of the tract. It is
anticipated adjoining property to the north will be rezoned in the future.
L Public and community facilities, which may include, but are not limited to,
sanitary and storm sewers, water, electrical service, police and fire protection,
schools, parks and recreation facilities, roads, libraries, and solid waste collection
and disposal, are available and adequate to serve uses authorized under the
proposed zoning.
Public facilities are available to the site or in a location to be extended.
® g. A traffic impact analysis has been provided to indicate the potential number of
new trips generated and provisions are provided to mitigate impacts of high
traffic-generating projects.
A site specific traffic impact study will be submitted when a site plan is prepared.
h. Authorized uses shall not adversely affect the capacity or safety of the street
network in the vicinity of the property.
The street system has recently been rebuilt to the south and it is anticipated the
City will improve City View as apart of the 200 7-2 012 Y20 sales tax program.
L Potential environmental impacts (e.g., excessive storm water runoff, water
pollution, air pollution, noise pollution, excessive lighting, or other environmental
harms) of authorized uses shall be mitigated.
The size of the site which will be developed is relatively small compared to the
overall parcel size. The terrain is extremely steep and rough. Density will be low
therefore a low environmental impact.
j. There is an adequate supply of land available in the subject area and the
surrounding community to accommodate the zoning and community needs.
The site is significantly larger than the anticipated site development and there is a
large tract to the east which will have similar limitations.
k. Benefits shall be derived by the community or area proposed to be rezoned.
The community will benefit from development complimenting the new highway
and street improvements along with continuing development of the eastside of
Jefferson City.
12/9/2008
CMPS Job No.94-083
• REZONING DESCRIPTION AREA NO.1 (C-1)
Part of the Northwest Quarter of the Southeast Quarter of Section 22, Township
44 North, Range 11 West, in the City of Jefferson, Cole County, Missouri, more
particularly described as follows:
From the southeast corner of the Northwest Quarter of the Southeast Quarter of
said Section 22; thence NO2 001'54"E, along the Quarter, Quarter Section Line,
470.52 to the southeasterly corner of a tract of land as per deed of record in
Book 181, page 447, Cole County Recorder's Office; thence N56018'1 2"W, along
the southerly line of said tract of land as per deed of record in Book 181, page
447, 121.50 feet to the POINT OF BEGINNING for this description; thence
S41°57'19"W, 347.81 feet to a point on the northerly right-of-way line of U.S.
Highway 50; thence northwesterly, along the northerly right-of-way line of U.S.
Highway 50, on a curve to the left having a radius of 291.00 feet, an arc length of
116.38 feet, (the chord of said curve being N7002 1'24"W, 115.61 feet); thence
northwesterly, along the northerly right-of-way line of U.S. Highway 50, on a
curve to the right having a radius of 59.00 feet, an arc length of 100.96 feet, (the
chord of said curve being N32 047'28"W, 89.09 feet); thence N66°08'31"W, along
the northerly right-of-way line of U.S. Highway 50, 29.58 feet to a point on the
easterly right-of-way line of City View Drive; thence N23°51'30"E, along the
easterly right-of-way line of City View Drive, 110.78 feet; thence N15°10'22"E,
• along the easterly right-of-way line of City View Drive, 132.44 feet; thence
northeasterly, along the easterly right-of-way line of City View Drive, on a curve
to the right having a radius of 1848.46 feet, an arc length of 108.18 feet, (the
chord of said curve being N25°32'06"E, 108.16 feet) to the southwesterly corner
of said tract of land as per deed of record in Book 181, page 447; thence
S56 018'12"E, along the southerly line of said tract of land as per deed of record
in Book 181, page 447, 349.30 feet to the POINT OF BEGINNING.
Containing 2.34 acres.
Bearing Base: Missouri Geographic Reference System, Central Zone (NAD83)
•
12/9/2008
CMPS Job No.94-083
® REZONING DESCRIPTION AREA NO.2 (C-1)
Part of the Northwest Quarter of the Southeast Quarter and part of the Southwest
Quarter of the Southeast Quarter of Section 22, Township 44 North, Range 11
West, in the City of Jefferson, Cole County, Missouri, more particularly described
as follows:
BEGINNING at the southeast corner of the Northwest Quarter of the Southeast
Quarter of said Section 22; thence NO2 001'54"E, along the Quarter, Quarter
Section Line, 470.52 to the southeasterly corner of a tract of land as per deed of
record in Book 181, page 447, Cole County Recorder's Office; thence
N56°1 8'12"W, along the southerly line of said tract of land as per deed of record
in Book 181, page 447, 121.50; thence S41°57'19"W, 347.81 feet to a point on
the northerly right-of-way line of U.S. Highway 50; thence southeasterly, along
the northerly right-of-way line of U.S. Highway 50, on a curve to the right having
a radius of 291.00 feet, an arc length of 220.49 feet, (the chord of said curve
being S37'1 1'35"E, 215.25 feet); thence southeasterly, along the northerly right-
of-way line of U.S. Highway 50, on a curve to the left having a radius of 434.00
feet, an arc length of 171.55 feet, (the chord of said curve being S26°48'38"E,
170.43 feet); thence S02°58'07"E, along the northerly right-of-way line of U.S.
Highway 50, 175.47 feet; thence S55°32'38"E, along the northerly right-of-way
line of U.S. Highway 50, 110.17 feet to the Quarter, Quarter Section Line; thence
NO2 001'54"E, along the Quarter, Quarter Section Line, 282.35 feet to the POINT
OF BEGINNING.
Containing 3.16 acres.
Bearing Base: Missouri Geographic Reference System, Central Zone (NAD83)
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225 City View Drive
Rezoning from RS-2 and RU to C-1
or i
10A
City of Jefferson W
�OF, 1 ;o John Landwehr
C.
Mayor
• Department of Community Development Patrick E.Sullivan, P.E.; Director
320 East McCarty Street Phone: (573) 634-6410
Jefferson City, Missouri 65101 Fax: (573) 634-6457
2s
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. P09003 —225 City View Drive; Rezoning from RS-2 and RU to C-1. Application
filed by Don and Velma Renkemeyer, property owners, to rezone 2.34 acres from RS-2 Low
Density Residential to C-1 Neighborhood Commercial and 3.16 acres from RU Rural to C-1
Neighborhood Commercial. The property is located on the eastern side of City View Drive
immediately north of the intersection of City View Drive and US Highway 50/63. The
property is described as part of the Northwest Quarter of the Southeast Quarter of Section
22, Township 44 North, Range 11 West, in the City of Jefferson, Cole 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
Mef
e r s o n ON" COMMUNITY DEVELOPMENT "building a better community"
Jefferson City Planning&Zoning Commission Page 1
Property Owners List
Case No. P09003 225 City View Drive January 8, 2009
® Wal-Mart Stores East LP Joseph &Josetta Forck
c/o Wal-Mart Stores Inc 214 City View Drive
PO Box 8050 Jefferson City, MO 65101
Bentonville, AR 72716 214 City View Drive
Highway 50 East
Mary Harris
Gary & Donna Braun 1005 Bannister Drive
.3506 Cody Drive Jefferson City, MO 65109
Jefferson City, MO 65109 Highway 50 East
207 City View Drive.
Mark& Cindi Johnson
Jack & Audra Brown 1326 Weather View
9450 Erika Lane Holts Summit, MO 65043
New Bloomfield, MO 65063 2933 Skyview Drive
218 City View Drive
Douglas &Nicole Loethen
Barbara Bullard 2930 Hillview Drive
2937 Skyview Drive Jefferson City, MO 65101
Jefferson City, MO 65101 2930 Hillview Drive
2937 Skyview Drive
Missouri RSA#11 Inc
Peggy& Jamey Copeland PO Box 31369
210 City View Drive Chicago, IL 60631
Jefferson City, MO 65101 City View Drive
210 City View Drive
Randy Prenger
Eastside Properties, LLC 222 City View Drive
426 E. High Street Jefferson City, MO 65101
Jefferson City, MO 65101 222 City View Drive
205 City View Drive
Christopher Pritchard
Irma Eikermann 2934 Hillview Drive
2925 Skyview Drive Jefferson City, MO 65101
Jefferson City, MO 65101 2934 Hillview Drive
2925 Skyview Drive
Rainbow S & E
Phyllis Erhart 7819 Rabbit Ridge
109 Westmore Drive Jefferson City, MO 65109
Jefferson City, MO 65109 2932 Skyview Drive
2936 Skyview Drive
Rainbow S & E, LLC
Willis & Lois Estep 7819 Rabbit Ridge
2929 Skyview Drive Jefferson'City, MO 65109
Jefferson City, MO 65101 2928 Skyview Drive
® 2929 Skyview Drive 2924 Skyview Drive
Jefferson City Planning& Zoning Commission Page 2
Property Owners List
Case No. P09003 225 City View Drive January 8, 2009
Donald & Velma Renkemeyer
426 E. High Street
Jefferson City, MO 65101
City View Drive (Subject Property)
Carl & Marjorie Rice
211 City View Drive
Jefferson City, MO 65101
211 City View Drive
Scholastic Inc
PO Box 1068
Jefferson City, MO 65102
2931 E. McCarty Street
Sunset Development & Rentals, LLC
140 Dogwood
Holts Summit, MO 65043
2941 Skyview Drive
Lorna Tran
223 Mary Drive
Jefferson City, MO 65101
223 Mary Drive
Wal-Mart Stores East, LP
PO Box 8050
Bentonville, AR 72716
401 Supercenter Drive
Carolyn Welschmeyer
227 Mary Drive
Jefferson City, MO 65101
227 Mary Drive
Stuart& Amanda Yoder.
231 Mary Drive
Jefferson City, MO 65101
231 Mary Drive
PLANNING STAFF REPORT
JEFFERSON CITY PLANNING AND ZONING COMMISSION
January 8,2009
• Case No. P09003—225 City View Drive; Rezoning from RS-2 and RU to C-1. Application filed by Don and Velma
Renkemeyer, property owners, to rezone 2.34 acres from RS-2 Low Density Residential to C-1 Neighborhood
Commercial and 3.16 acres from RU Rural to C-1 Neighborhood Commercial. The property is located on the eastern
side of City View Drive immediately north of the intersection of City View Drive and US Highway 50/63. The property
is described as part of the Northwest Quarter of the Southeast Quarter of Section 22, Township 44 North,Range l 1 West,
in the City of Jefferson, Cole 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 request is for a tract of land consisting of 14.4 acres. A small portion of the property(approximately
0.25 acres) is currently zoned C-1, this rezoning request would expand the existing C-1 zoning district by rezoning
3.16 acres from RU to C-1 and rezoning approximately 2.1 acres from RS-2 to C-1. The stated purpose of the
rezoning request is to allow for the development of a neighborhood commercial project.
Zoning and Surrounding Land Use
Current Zoning: RS-2,RU, and C-1 Current Use: Vacant
Requested Zoning: C-1 Intended Use: Commercial
Surrounding Zoning Surrounding Uses
North RS-2 Single Family Residential
South C-2 Highway Interchange/Wal-Mart Su ercenter
East RS-1 Vacant Property
West I C-1 /RS-2 Duplex and Single Family Residential
Allowed Uses:
The C-1 Neighborhood Commercial zoning district allows for a variety of land uses including day care centers,
hotel/motel (less than 50,000 sq. ft.), offices, banks, restaurants, drive through restaurants, general retail, personal
services, and laundromats.
Staff Analysis
Standard checklist for rezoning: Yes No Notes:
Complies with Comprehensive Plan X The development plan map of the comprehensive
plan identifies this area as being suitable for
commercial development.
Has access to necessary utilities X Necessary utilities could be reasonably extended to
serve the property.
Located outside flood zone X The property does not lie within the 100 year
flood lain.
Meets district size requirement X The proposed rezoning exceeds the minimum
district size requirement of one acre.
Commercial districts do not receive primary access X Access to the property would be off of City View
from local street abutting residential district Drive.
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 commercial manner.
The rezoning would not be a grant of privilege to X The public would benefit from further commercial
the owner with little or no benefit to the public development near the new City View Drive
interchange.
After rezoning, the allowed uses would be X The property is adjacent to a C-1 district across City
compatible with uses allowed in adjacent districts View Drive and a C-2 district across Hwy 50/63.
After rezoning, the allowed uses would be X While residential uses exist in the vicinity of this
compatible with adjacent existing land uses property,the property is immediately adjacent to a
hi hway interchange and a new Wal-Mart.
Planning and Zoning Commission January 8, 2009
Case No. P09003 Page 2
If not rezoned, the owner would be deprived of use X Most of the other property owners with frontage
• advantages enjoyed by surrounding owners along this section of E.McCarty Street/City View
(reverse spot zoning) Drive enjoy commercial or manufacturing uses of
their property.
The requested rezoning would be an expansion of X The requested zoning would be an expansion of the
an existing district adjacent C-1 zoning district.
Approve Deny Neutral
Staff Recommendation X
Staff Recommendation
Rezoning Request:
This rezoning request would be an expansion of an existing C-1 Neighborhood Commercial zoning district and is in
conformance with the development plan map of the comprehensive plan. The property is located adjacent to City
View Drive(a minor arterial roadway)and a major highway interchange. Staff recommends approval of the request
to rezone the property from RS-2 and RU to C-1.
Staff recommends the following:
1. Approval of the request to rezone the property from RS-2 and RU to C-1.
•
PLANNING & ZONING COMMISSION
® CORRESPONDENCE RECEIVED
Case No. P09003
225 City View Drive
January 8, 2009
Sender Senders How Date
Address Received Received
Nikki & Doug Loethen 2930 Hillview Drive Email 1/7/2009
Email 1/4/2009
Chris Pritchard 2934 Hillview Drive Email 1/6/2009
Page 1 of 4
Stratman, Anne
® From: McMillan, Janice
Sent: Thursday, January 08, 2009 8:45 AM
To: Doug L.; nikki loethen
Cc: pritcc @mchsi.com
Subject: RE: Strong opposition to rezoning 225 City View Drive
Correction noted!
ja.v�McMala,w, AXCP
Planning & Transportation Services
City of Jefferson
320 East McCarty Street
Jefferson City, Missouri 65101
Direct: 573.634.6424/Main:573.634.6410
wwwjeffcitymo.org/cd
.........._. .. ...... _............................_ _................._..... _.. . ._._....._ ._ .._. .... ....... ............. . ........ .........
From: Doug L. [mailto:dloethen @yahoo.com]
Sent: Wednesday, January 07, 2009 7:31 PM
To: nikki loethen; McMillan, Janice
Cc: pritcc @mchsi.com
Subject: RE: Strong opposition to rezoning 225 City View Drive
Just a small correction to my previous e-mail. The goal stated as being on page 158 is actually on page
156.
Doug Loethen
2930 Hillview Dr.
Jefferson City, MO 65101
--- On Wed, 1/7/09, McMillan, Janice <7NIcMi11an@j'effcitymo.org>wrote:
From: McMillan, Janice <JMcMillan @jeffcitymo.org>
Subject: RE: Strong opposition to rezoning 225 City View Drive
To: "dloethen @yahoo.com" <dloethen @yahoo.com>, "nikki loethen"
<nikkiloethen @hotmail.com>
Cc: "pritcc @mchsi.com" <pritcc @mchsi.com>
Date: Wednesday, January 7, 2009, 11:26 AM
Thank you for taking the time to review the City's comprehensive plan and for sending your
comments. Your email will be printed and distributed to the Commission at their meeting this
Thursday, and will be made part of the official record for this case.
Ja Uc&McMa2a*i, AICf
Planning &Transportation Services
City of Jefferson
320 East McCarty Street
Jefferson City, Missouri 65101
Direct: 573.634.6424/Main : 573.634.6410
www.jeffcitymo.org/cd
1/8/2009
Page 2 of 4
.......... . ..._ .............................._..................-.............. ... ............ .................._.......-... -- .......... .
From: dloethen @yahoo.com [mailto:dloethen @yahoo.com]
Sent: Wednesday, January 07, 2009 11:07 AM
® To: nikki loethen; McMillan, Janice; McMillan, Janice
Cc: pritcc @mchsi.com
Subject: RE: Strong opposition to rezoning 225 City View Drive
To the Jefferson City Planning and Zoning Commission,
As my wife has already stated, we are strongly opposed to the rezoning of 225 City View Dr .
The adjoining residential area notwithstanding, this plot of land is obviously a prime candidate for a gas
station or a fast-food restaurant. Now, I have reviewed the City's comprehensive plan and I have noted
the anticipation of this small plot of land for commercial use. I have also noted that no other plot of land
in the neighborhood is anticipated for commerical use. Since there is apparently no plan for the
condemnation of our property for future commercial use this will be the only commerical plot of land in
a residential area. THE ONLY ONE. Think about that. Are the City's finances in such dire straits that
it needs the minimal tax revenue such an establishment would bring at the expense of ruining our
neighborhood?
In my review of the City's 1996 plan I have found specific goals that appear to be in conflict with the
rezoning of this property.
Goal on Page 158 - "Promote, preserve, and enhance the residential areas within the existing city limits
and unincorporated areas adjacent to the City."
• Rezoning this land would not promote, preserve, or enhance our residential area.
Goal on Page 157 - "Encourage the strengthening of existing commercial areas and the development of
new business areas at locations appropriate for such uses which would not conflict with residential
areas."
This is not an appropriate location and it WOULD be in conflict with our residential area.
Page 178 regarding Commercial development - "In instances where rezoning to a commercial district is
proposed, then the Development Plan should serve as a guide. However, such rezoning requests should
be examined in terms of its appropriateness for its location, including assessing its impact on the
surrounding areas and street network."
This is not an approriate location and it most certainly will have a large negative impact on the
surrounding neighborhood.
Finally, I would like to point out that it is readily apparent that the current property owner has invested a
considerable amount of money to make this plot commercially viable and I'm sure there is great
temptation to rezone this plot simply because of this investment. However, shouldn't the property owner
have had the foresight to attempt to rezone the land BEFORE investing this money? Please do not
punish us because of the owner's lack of foresight.
Nikki and Doug Loethen
• 2930 Hillview Dr .
Jefferson City , MO 65101
1/8/2009
Page 3 of 4
--- On Mon, 1/5/09, McMillan, Janice <IMcMi11an Weffcitymo.org>wrote:
From: McMillan, Janice<JMcMillan @jeffcitymo.org>
• Subject: RE: Strong opposition to rezoning 225 City View Drive
To: "nikki loethen" <nikkiloethen @hotmail.com>
Cc: "pritcc @mchsi.com" <pritcc @mchsi.com>, "Doug(home)" <dloethen @yahoo.com>
Date: Monday, January 5, 2009, 10:44 AM
Thank you for your email; it will be printed and distributed to the Planning & Zoning Commission at
their meeting on Thursday. I am sorry that you will be unable to attend the meeting in person, however,
all correspondence and emails received are included in the official record that is forwarded to the City
Council. The Council is tentatively scheduled to receive this case file in their February 2 packet; and the
City Council's public hearing on the matter has been tentatively scheduled for the Council meeting on
Monday, February 16 at 6:00 p.m., if you are interested in attending.
Regarding this particular location, the City's comprehensive plan (updated in 1996) anticipated
commercial development at the intersection of City View Drive with Highway 50/63, and also
anticipated the construction of an interchange to replace the at-grade crossing.
Ja ii,c&McMaia4% AICt
Planning & Transportation Services
City of Jefferson
320 East McCarty Street
Jefferson City, Missouri 65101
Direct: 573.634.6424/Main:573.634.6410
wwwjeffcitymo.org/cd
® From: nikki loethen [mailto:nikkiloethen @hotmail.com]
Sent: Sunday, January 04, 2009 11:48 AM
To: McMillan, Janice
Cc: pritcc @mchsi.com; Doug (home)
Subject: Strong opposition to rezoning 225 City View Drive
January 4, 2009
To the Jefferson City Planning and Zoning Commission:
My husband Doug and I have lived at 2930 Hillview Drive -- just a few hundred feet from 225 City
View Drive -- for nearly nine years. We have always appreciated the quiet, safe environment
here. I cannot overstate our opposition to rezoning 225 City View for commercial purposes. The
thought of having a gas station, convenience store, restaurant, etc., practically in our back yard
sickens and angers us. And there can be no doubt that our property value will decrease if the
rezoning is allowed.
It is enough that we will have to endure Walmart. Please, at least allow us the buffer zone of
Highway 50 by not extending the commercial zoning to our back yard.
Because of our work schedules, I doubt that we will be able to attend the meeting (inconveniently)
scheduled at 5:15 p.m. on Thursday, January 8, 2009. Please make this email part of the official
record and distribute it to all commission members.
Nikki and Doug Loethen
02930 Hillview Drive
Jefferson City , MO 65101
1/8/2009
Page 4uf4
573.636.3037 (home)
57].35].4412 (Nikki'sceU)
Send e-mail faster without improving your typing skills. Get your Hotmail@ account.
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l/8/20O9
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Page 1 of 1
Thank you for your comments. Your email will be printed and distributed to the Planning&Zoning
Commission at their meeting this Thursday.
I have forwarded your concern regarding dust control to Pat Sullivan, P.E., Director of Community
Development, and Matt Morasch, P.E., Public Works Director.
Ja+i ce-,McMala.vt, A I C P
Planning &Transportation Services
City of Jefferson
320 East McCarty Street
Jefferson City, Missouri 65101
Direct: 573.634.6424/Main:573.634.6410
wwwjeffcitymo.org/cd
From: Chris Pritchard [mailto:pritcc @mchsi.com]
Sent: Tuesday, January 06, 2009 4:54 PM
To: McMillan, Janice
Cc: 'Doug (home)'; 'nikki loethen'
Subject: Rezoning 225 City View Drive
January 6, 2009
Re: Rezoning of 225 City View Drive
To the Jefferson City Planning and Zoning Commission:
As a resident with property adjoining City View Drive,I am opposed to additional commercial zoning in this area.
What was appealing about this area when I moved here almost 13 years ago was the lack of congestion as seen on
the west and south sides on town(i.e. Country Club and Ellis). I was also against the new Wal-Mart but it seems
nothing was going to stop that train. The increase in traffic and construction activities will continue to erode our
quality of life as well as property values. We have not been able to enjoy sitting on our deck since the 50/63 and
City View interchange construction began due to everything being covered with either ash or dust.
I understand that commercial development in this location is part of the City's 1996 comprehensive plan,but being a
longstanding plan does not necessarily make it a good plan. As a civil engineer I am certainly not opposed to
progress when the development in done in a socially and environmentally responsible manner.
I don't believe for one minute that my opinion will have any effect on the decision to rezone this property, but I
would hope the City could do a better job of enforcing dust control measures along City View Drive during
construction.
Chris Pritchard, P.E.
2934 Hillview Dr.
Jefferson City, MO 65101
573-761-9197
pritcc@mchsi.com
1/7/2009