HomeMy Public PortalAboutORD14475 BILL NO. 2008-130
• SPONSORED BY Councilman Harvey
ORDINANCE NO. I+k Z
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 23.34 ACRES FROM RS-1 SINGLE FAMILY RESIDENTIAL TO PUD PLANNED UNIT
DEVELOPMENT, FOR LAND ADDRESSED AS 2310 GREEN MEADOW DRIVE, DESCRIBED AS
PART OF SECTION 30, 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-1 Single Family Residential
to PUD Planned Unit Development: Part of Section 30, Township 44 North, Range 11 West, in the
City of Jefferson,County of Cole, Missouri,more particularly described as follows:From the southeast
corner of the West Half of the Northeast Quarter of said Section 30, being the southwest corner of
WHITNEY WOODS SUBDIVISION SECTION SEVEN,as per plat of record in Plat Book 12,page 83,
Cole County Recorder's Office, also being a point on the northerly boundary of property described in
Book 553, page 2, Cole County Recorder's Office; thence along the Quarter Quarter Section line,
being the west boundary of said WHITNEY WOODS SUBDIVISION SECTION SEVEN and the
boundary of said property described in Book 553,page 2 N1 044'03"E, 185.00 feet;thence leaving the
Quarter Quarter Section line and the west boundary of WHITNEY WOODS SUBDIVISION SECTION
SEVEN and continuing along the boundary of said property described in Book 553, page 2 the
following courses: N88048'1 8"W, 60.00 feet;thence S1 044'03"W, 578.96 feet;thence S35 059'37"W,
181.68 feet;thence S25 035'00"W,224.34 feet to the southwesterly corner of said property described
in Book 553, page 2; thence along the southerly boundary of said property described in Book 553,
page 2 and along the southerly boundary of property described in Book 553, page 1, Cole County
Recorder's Office the following courses: S64 025'00"E, 716.84 feet; thence S68 014'28"E, 230.49 feet
to the POINT OF BEGINNING; thence continuing S68 014'28"E, 69.07 feet; thence S78 017'46"E,
637.23 feet: thence N1 032'58"E, 108.01 feet; thence S88 027'02"E, 30.00 feet to the east line of
Section 30, Township 44 North, Range 11 West and a point on the east boundary of the property
described in Book 306, page 705 Cole County Recorder's Office; thence leaving the southerly
boundary of said property described in Book 553, page 1 and along the boundary of said property
described in Book 306,page 705 the following courses:S1 032'58"W,along the Section Line, 1485.39
feet to a point in the center of the MOREAU RIVER;thence westerly along the center of the MOREAU
RIVER, the following courses: N75 019'01"W, 240.00 feet; thence S88 032'04"W, 448.00 feet; thence
N83 056'39"W,44.24 feet;thence leaving the center of the MOREAU RIVER N1°40'16"E, 1479.14 feet
to the point of beginning. Containing 23.34 acres.
•
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Section 2. This ordinance shall be in full force and effect from and after its passage and
approval.
Passed: �.l� ' Approved: l -710
K8
Presiding Officer ay
A: AP VE . FOR
c
k City Counselor
s '
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—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. P09004 — 2310 Green Meadow Drive; Rezoning from RS-1 to PUD,
Preliminary PUD Plan, and Preliminary Subdivision Plat. Application filed by Tom and
Sharon Investments LLC, property owner, Tom and Sharon Naught, authorized
representatives, for the following:
1. Rezoning of 23.34 acres from RS-1 Low Density Residential to PUD Planned
Unit Development
2. A Preliminary PUD Plan for a private residential subdivision consisting of 4 to 5
residential lots and establishment of a gated community as outlined in Section
33-11.A.1 of the Jefferson City Subdivision Code.
3. A Preliminary Subdivision Plat of Whitney Waye Subdivision.
The property is located on the western side of Green Meadow Drive approximately 2300
feet south of the intersection of Whitney Woods Drive. The property is described as part
of Section 30, Township 44 North, Range 11 West, in the City of Jefferson, County of
Cole, Missouri. The complete property description is on file at the Department of
Community Development. (Central Missouri Professional Services, Consultant)
Mr. Barron explained that the applicant proposes to develop the property as a private
gated community with a private street. He stated that the proposed development would
consist of 4 or 5 residential lots with access to Green Meadow Drive via a private cul-de-sac.
Mr. Barron explained that the subject property is located west of Green Meadow Drive
adjacent to Rivers Edge Estates and is accessed by a 60 foot wide access easement that is
shown on the plat of Rivers Edge Estates.
Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, spoke
regarding this request. Mr. Bates distributed a small scale Preliminary PUD Plan and
Preliminary Subdivision Plat of Whitney Waye Subdivision. Mr. Bates explained that this
property is the last phase of the overall development of this property, formerly known as the
Lincoln University Greenberry Farm. He reiterated that the applicant proposes to develop a
private gated community estate consisting of four lots. Mr. Bates explained that a planned
unit development would allow for the use of the access easement and can be done without
Excerpt of Unapproved Minutes/Jefferson City Planning &Zoning Commission Page 2
January 8, 2009
using this as public right of way as far as the proposed private street is concerned. He stated
that the proposed private street will be built to city standards and will be maintained by a
neighborhood association. Mr. Bates explained that originally there was a conceptual
subdivision plat that showed a cul-de-sac off of Route B that was approximately 3,000 feet
long. He stated that City staff was concerned that this dead end street was too long and
suggested that the development access Green Meadow Drive to make the connectivity.
Mr. Ken Otke, 6524 Route B, spoke regarding this request and stated that this is a
reasonable request for the remaining 20 acres and there will be minimal disruption to the
neighboring subdivision.
Ms. Beverly Price, 2316 Green Meadow Drive, requested clarification whether there
would be some type of temporary emergency access granted in the event of flooding. In
response, Mr. Otke explained that the Kampeter's have indicated that they may in the future
want to tie into this development with a hard surface driveway as long as it remains a private
road.
Mr. Roger Verslues, 816 Nelson Drive, spoke in opposition to this request and explained
that the letter from Mr. Rick Muenks, legal representative for Roger and Irma Verslues, will
stand as his comments.
In response to Mr. Muenks letter, Mr. Hilpert explained that the proposed plan shows
access to the city street. He stated that staff conditioned the recommendation for approval
on the fact that it become a roadway built to city street standards. Mr. Hilpert explained that
what is on the plat is referred to as a public access easement and it is not up to City staff
whether the Naught's can build their street on top of that. He emphasized that if the street is
never built up to city standards, than the developer will not receive a building permit. Mr.
Hilpert stated that the Commission can approve the PUD Plan because it conforms with the
City's requirement that the plan show access to the city street. He stated that whether or not
the street actually gets built is going to be up to the developer and property owners. Mr.
Hilpert clarified that the Commission's approval tonight does not approve Mr. Naught's
building of the street.
Mr. Bates explained that it is the developer's intent to establish a plan that complements
the neighborhood, yet there continues to be a disagreement between the two adjoining
property owners regarding the access easement. He stated that his firm was requested in
the red-line review process to show an extension of that easement and there is a reference to
a private drive basically built to city street standards. Mr. Bates stated that he is aware of the
neighbors concerns regarding flooding. He stated that if the situation warrants it the
developer may have to pursue legal action as a remedy for the access easement.
Mr. Barron explained that the staff red-line comments asked whether or not an access
easement could extend from the bulb of the cul-de-sac to the western side of the property.
He stated that Green Meadow Drive is a very long cul-de-sac where residents are stranded
when the Moreau River floods. Mr. Barron clarified that there is a 60 foot wide access
easement that is shown on the plat of Rivers Edge Estates. He stated that the question was
raised whether it would be feasible to continue such an easement that could potentially be
dedicated as future right-of-way in the event that the entire cul-de-sac could be dedicated as
right-of-way, and thereby improve local roadway connectivity.
Ms. Price stated that she has no further comments.
Mr. Verslues stated that this access easement was put there for the benefit of the Rivers
Edge Estates residents and no one else. He reiterated that the letter submitted by Mr.
Muenks will stand as his comments.
Correspondence in favor of this request was received from Christy and Brad Hake, 2307
Green Meadow Drive.
Excerpt of Unapproved Minutes/Jefferson City Planning &Zoning Commission Page 3
January 8, 2009
Correspondence in opposition to this request was received from Rick Muenks, Legal
Representative for Roger and Irma Verslues, 3401 S. Kimbrough Avenue, Suite 106,
Springfield Missouri, 65807.
Mr. Barron gave the Planning Division staff report and explained that gated subdivisions
with private roads are only permitted in association with a planned unit development. He
stated that the requested rezoning would establish the PUD zoning for the property and the
associated Preliminary PUD Plan outlines an underlying zoning district of RS-1.
Mr. Wade gave the Engineering Division staff report and explained that sidewalks are
proposed along Whitney Waye Court. He stated that fire hydrants and street lights exist
along Green Meadow Drive and facilities are proposed in accordance with city standards for
this subdivision. Mr. Wade explained that the proposal does show sanitary sewer to be
extended across the bulb of the cul-de-sac to serve the proposed subdivision.
Mr. Jordan inquired whether it would be beneficial to put in another easement for the
remainder of this tract in case of future development or would it deter from the final
development of this tract. In response, Mr. Bates explained that he believes the developer is
receptive to this but believed that it needed to be a public discussion. He stated that the
developer is receptive to showing the extension of that easement if that is the
recommendation of the Commission. Mr. Bates explained that any changes to a PUD Plan
would require an amendment and he believes that if it is the desire of the commission to
extend the easement, it makes sense for future planning to show that easement now. He
stated that it is his understanding that the original intent of the Kampeter's was to build a two
to three estate type facility.
Mr. Hagan moved and Mr. Bickel seconded to recommend approval to rezone 2310
Green Meadow Drive from RS-1 to PUD to the City Council. The motion passed 7-0 with the
following votes:
Aye: Bickel, Deeken, George, Hagan, Jordan, Mihalevich, Robinett
Mr. Jordan moved and Mr. Hagan seconded to recommend approval of the Preliminary
PUD Plan, with the stipulation that the easement be investigated as part of the final platting
process, to the City Council subject to the following conditions:
a. The underlying zoning district shall be established as RS-1 Low Density
Residential for the purpose of establishing allowed uses.
b. Approval is subject to obtaining access to Green Meadow Drive via a roadway
built to city street standards.
As a discussion point, Mr. Jordan inquired whether Commission members would want to
amend the PUD Plan to allow an easement to continue through the property to the Kampeter
tract. He inquired of staff whether the easement needs to be similar in width and verbage as
to what is on the existing plat.
Mr. Berendzen inquired whether the Commission could approve the Preliminary PUD
Plan as submitted and add the easement to the Final PUD Plan after further discussion with
adjoining property owners.
Ms. McMillan explained that the Preliminary PUD Plan and rezoning application will
proceed to Council as submitted. If the Commission wishes that an access easement be
provided to the adjoining property, staff can work toward that end during the final platting
process.
Mr. Berendzen suggested approving the Preliminary PUD Plan and the preliminary
subdivision plat as submitted with the contingency that the easement be investigated as part
® of the final platting process.
After further discussion, the motion passed 7-0 with the following votes:
Aye: Bickel, Deeken, George, Hagan, Jordan, Mihalevich, Robinett
Excerpt of Unapproved Minutes/Jefferson City Planning &Zoning Commission Page 4
January 8, 2009
Mr. Bickel moved and Mr. George seconded to approve the Preliminary Subdivision Plat
of Whitney Waye Subdivision, with the stipulation that the easement be investigated as part
of the final platting process, subject to the following conditions:
a. Adherence to the requirements of Section 33-11.A.1.a-n regarding private streets.
b. Approval is subject to obtaining access to Green Meadow Drive via a roadway built to
city street standards.
c. Compliance with the recommendations and technical corrections of the Engineering
Division.
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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2310 Green Meadow Drive W+E
Rezoning from RS-1 to PUD S
•
APPLICATION FOR ZONING ORDINANCE AMENDMENT
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 to the Zoning Code:
0 Zoning Text Amendment (Describe below or attach complete narrative)
Article and Section Affected (if applicable)
Description of proposed text amendment:
R Zoning Map Amendment(Rezoning of Real Estate)
The undersigned hereby state they are the owners of the following described real estate:
Property Address: 2310 Green Meadow Drive
Legal/Property Description (write out or attach as an exhibit): See Attached Exhibit"A"
Who petition to rezone the above described real estate from its present classification of
RS-1 district to PUD (RS-1) district. The purpose of this rezoning request is to:
Allow the development of a private 4-5 lot subdivision with private streets as a-gated community
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 SHEETS.
Tom &Sharon Investments, LLC
Tom Naught
Property Owner#1 Name (type or print) P
Sharon Naught
Property Owner#2 Name (type or print) Pr perty Owner Signatu Q
PIZ Subscribed and sworn before me this_/l day of in the year 6296a
Notary Public
a
Address of Property Owner#1: 1916 Sarah Lane, Jefferson City, MO 65101 PJotary Publi(: Notary Seal
n'r�.�Cn n F jSzS11LI�lt
it �'4-i`�8 i"e'�"'J•itl:
Address of Property Owner#2: 1916 Sarah Lane Jefferson City, MO 65101
ry Commisso : <u�st 20, 2011
Phone Number(s) (573)635-8464
Applicant Information (if different from property owner):
Name:
Address:
Phone Number
For City Use Only., Application Filing Fee $200
Payment Received:
Ottachments:Cash (Receipt# ) Check (Copy; check#
Additional sheets or documentation Applicant/Project Information Sheet Location Map
Page 1 of 1 May 6,2002
ZONING MAP AMENDMENTS
Review Criteria
Whitney Waye Subdivision
CMPS Job # 07-042
December 12,2008
a. The existing zoning was in error at the time of adoption.
There was no error in the zoning map.
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 character has changed due to the property being transferred from public to
private ownership. .
C. There is a community need for the proposed rezoning.
The community will benefit from a first class residential development.
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 the comp plan.
e. The proposed zoning is compatible with the zoning and uses of property nearby.
The zoning is compatible with the existing development.
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.
All public infrastructure is available.
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.
Based on the small size of the development there is no requirement for a traffic
impact study. -
h. Authorized uses shall not adversely affect the capacity or safety of the street
network in the vicinity of the property.
The use will have little to no impact on the street network.
i. 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.
Environmental impact is minimal.
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 lot average size is 5.8 acres.
® k. Benefits shall be derived by the community or area proposed to be rezoned.
The community will benefit from a quality low impact development.
EXHIBIT "A"
TRACT E
Part of Section 30, Township 44 North, Range 11 West, in the City of Jefferson, County
• of Cole, Missouri, more particularly described as follows:
From the southeast corner of the West Half of the Northeast Quarter of said Section 30,
being the southwest corner of WHITNEY WOODS SUBDIVISION SECTION SEVEN,
as per plat of record in Plat Book 12, page 83, Cole County Recorder's Office, also being
a point on the northerly boundary of property described in Book 553,page 2, Cole
County Recorder's Office; thence along the Quarter Quarter Section line, being the west
boundary of said WHITNEY WOODS SUBDIVISION SECTION SEVEN and the
boundary of said property described in Book 553, page 2 N1°44'03"E, 185.00 feet; thence
leaving the Quarter Quarter Section line and the west boundary of WHITNEY WOODS
SUBDIVISION SECTION SEVEN and continuing along the boundary of said property
described in Book 553, page 2 the following courses: N88°48'18"W, 60.00 feet; thence
S1°44'03"W, 578.96 feet;thence S35°59'37"W, 181.68 feet; thence S25°35'00"W, 224.34
feet to the southwesterly corner of said property described in Book 553,page 2; thence
along the southerly boundary of said property described in Book 553,page 2 and along
the southerly boundary of property described in Book 553,page 1, Cole County
Recorder's Office the following courses: S64°25'00"E, 716.84 feet; thence S68°14'28"E,
230.49 feet to the POINT OF BEGINNING;thence continuing S68°14'28"E, 69.07 feet;
thence S78°1 7'46"E, 637.23 feet: thenceNl°32'58"E, 108.01 feet; thence S88°27'02"E,
30.00 feet to the east line of Section 30, Township 44 North, Range 11 West and a point
on the east boundary of the property described in Book 306, page 705 Cole County
Recorder's Office; thence leaving the southerly boundary of said property described in
• Book 553,page 1 and along the boundary of said property described in Book 306,page
705 the following courses: S1°32'58"W, along the Section Line, 1485.39 feet to a point in
the center of the MOREAU RIVER;thence westerly along the center of the MOREAU
RIVER,the following courses:N75°19'01"W, 240.00 feet; thence S88°32'04"W, 448.00
feet; thence N83°56'39"W, 44.24 feet; thence leaving the center of the MOREAU RIVER
N1°40'16"E, 1479.14 feet to the point of beginning.
Containing 23.34 acres.
•
OF <<�
f 1 \\
$�" �c John Landwehr
City of Jefferson m Mayor
Department of Community Development Patrick E.Sullivan, P.E.; Director
320 East McCarty Street Phone: (5 73) 634-6410
Jefferson City, Missouri 65101 26 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. P09004—2310 Green Meadow Drive; Rezoning from RS-1 to PUD and Preliminary
PUD Plan. Application filed by Tom and Sharon Investments LLC, property owner, Tom and
Sharon Naught, authorized representatives, for the following:
1. Rezoning of 23.34 acres from RS-1 Low Density Residential to PUD Planned Unit
Development
2. A Preliminary PUD Plan for a private residential subdivision consisting of 4 to 5
residential lots and establishment of a gated community as outlined in Section 33-11.A.1
of the Jefferson City Subdivision Code.
3. A Preliminary Subdivision Plat of Whitney Waye Subdivision.
The property is located on the western side of Green Meadow Drive approximately 2300 feet
south of the intersection of Whitney Woods Drive. The property is described as part of Section
30, Township 44 North, Range 11 West, in the City of Jefferson, County of Cole, 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
eccityw of
eferson � �
COMMUNITY DEVELOPMENT �� `building a better community"
Jefferson City Planning&Zoning Commission
Property Owners List
Case No. P09004 2310 Green Meadow Drive January 8, 2009
Stanley & Susan Horner Paul & Gloria Reinsch
1925 Mertens Lane 2303 Green Meadow Drive
Jefferson City, MO 65101 Jefferson City, MO 65101
1925 Mertens Lane 2303 Green Meadow Drive
Mark & Christina Rackers Charles Keith Schafer
1907 Mertens Lane 1912 Andrea Drive
Jefferson City, MO 65101 Jefferson City, MO 65101
Mertens Lane Green Meadow Drive
1907 Mertens Lane
Tom & Sharon Investments, LLC
Michael & Cynthia Wankum 1916 Sarah Lane
4236 Wardsville Road Jefferson City, MO 65101
Jefferson City, MO 65101 Route B (Off Of) (Subject Property)
4236 Wardsville Road
Roger & Irma Verslues
Chi Lok & Candace Lee Cheung 816 Nelson Drive
1910 Andrea Drive Jefferson City, MO 65101
Jefferson City, MO 65101 Green Meadow Drive
1910 Andrea Drive 2300 Green Meadow Drive
2304 Green Meadow Drive
Charles & Lori Ewing 2308 Green Meadow Drive
2311 Green Meadow Drive 2315 Green Meadow Drive
Jefferson City, MO 65101
2311 Green Meadow Drive
Bradley& Christina Hake
2307 Green Meadow Drive
Jefferson City, MO 65101
2307 Green Meadow Drive
Kampeter Family Land Holdings
1708 Janice Court
Jefferson City, MO 65101
Route B
Paul & Penny Kleffner
2201 Green Meadow Drive
Jefferson City, MO 65101
2312 Green Meadow Drive
Stephen & Beverly Price
2316 Green Meadow Drive
Jefferson City, MO 65101
2316 Green Meadow Drive
(Revised)
PLANNING STAFF REPORT
JEFFERSON CITY PLANNING AND ZONING COMMISSION
• January 8,2009
Case No. P09004 — 2310 Green Meadow Drive; Rezoning from RS-1 to PUD, Preliminary PUD Plan, and
Preliminary Subdivision Plat. Application filed by Tom and Sharon Investments LLC, property owner, Tom and
Sharon Naught, authorized representatives,for the following:
I. Rezoning of 23.34 acres from RS-1 Low Density Residential to PUD Planned Unit Development
2. A Preliminary PUD Plan for a private residential subdivision consisting of 4 to 5 residential lots and
establishment of a gated community as outlined in Section 33-11.A.1 of the Jefferson City Subdivision
Code.
3. A Preliminary Subdivision Plat of Whitney Waye Subdivision.
The property is located on the western side of Green Meadow Drive approximately 2300 feet south of the
intersection of Whitney Woods Drive. The property is described as part of Section 30, Township 44 North, Range
11 West, in the City of Jefferson, County of Cole, Missouri. The complete property description is on file at the
Department of Community Development. (Central Missouri Professional Services, Consultant)
Nature of Request
The applicant intends to develop the property with a private residential subdivision (gated community) with a
private street. The proposed development would consist of 4 or 5 residential lots with access to Green Meadow
Drive via a private cul-de-sac. The applicant has submitted a request to rezone the property from RS-1 Low
Density Residential to PUD Planned Unit Development, a Preliminary PUD Plan for a 4 lot private subdivision, and
a Preliminary Subdivision Plat for a 4 lot subdivision and cul-de-sac.
• Zoning and Surrounding Land Use
Current Zoning: RS-1 Single Family Residential Current Use: Vacant
Requested Zoning: PUD Planned Unit Develo ment Intended Use: Single Family Residential
Surrounding Zoning Surrounding Uses
North RS-1 Vacant/Single Family Residential
South Unincorporated Moreau River/Farmland
East RS-1 Single Family Residential
West RS-1 Vacant
Staff Analysis
Rezoning:
Gated subdivisions with private roads are only permitted in association with a planned unit development. The
requested rezoning would establish the PUD zoning for the property and the associated Preliminary PUD Plan
outlines an underlying zoning district of RS-1,which is what the property is currently zoned.
Preliminary PUD Plan:
The Preliminary PUD Plan outlines a 4 lot residential subdivision with an underlying zoning district of RS-1. The
applicant anticipates that the development would be a gated community. Access to the subdivision would be via a
private cul-de-sac connected to Green Meadow Drive through an access easement.
Preliminary Subdivision Plat:
The Preliminary Subdivision Plat outlines a 4 lot residential subdivision and a private cul-de-sac named Whitney
Waye Court.
Planning and Zoning Commission January 8, 2009
Case No. P09004 Page 2
Staff Recommendation
Staff recommends the following:
1. Approval of the request to rezone the property from RS-1 to PUD.
2. Approval of the Preliminary PUD Plan with the following conditions:
a. The underlying zoning district shall be established as RS-1 Low Density Residential for the purpose
of establishing allowed uses.
b. Approval is subject to obtaining access to Green Meadow Drive via a roadway built to city
street standards.
3. Approval of the Preliminary Subdivision Plat of Whitney Waye Subdivision with the following conditions:
a. Adherence to the requirements of Section 33-11.A.1.a-n regarding private streets.
b. Approval is subject to obtaining access to Green Meadow Drive via a roadway built to city
street standards.
c. Compliance with the recommendations and technical corrections of the Engineering Division.
Jefferson City
Planning & Zoning Commission Meeting
Engineering Division Staff Report
Thursday, January 8, 2009, 5:15pm
Item 6. -New Business - Public Hearings
Case No. P09004 -Preliminary Site Plan, Preliminary Subdivision Plat, 2310 Green
Meadow Drive (Currently RS-1,Proposed PUD)
ENGINEERING STAFF RECOMMENDATION-
Concur with the recommendations of the Planning Division.
Infrastructure Summary
* Infrastructure exists in the vicinity. New sidewalk is planned along Whitney Waye Court.
Storm water detention is not required for this development, as lots proposed are large
residential lots. Storm water from Whitney Waye Court is proposed to be directed to the
Moreau River. Sanitary sewer exists in the vicinity and is proposed to be extended to the
property.
Site Plan /Improvements Summary
Roadway, Storm Water/Erosion Control
® * Roadway, storm water and erosion control plans will be needed with the final site plan/
final plat.
Sanitary Sewer
* The proposed development will be served by an existing sanitary sewer main running
adjacent to the site. A sewer main extension is proposed to serve the lots within the
proposed subdivision. Sanitary sewer main extension plans will be needed with the final
site plan/final plat.
Sidewalk
* A four (4) feet sidewalk is proposed along Whitney Waye Court.
Street Access /Traffic Impact
* Whitney Waye Court is proposed to access Green Meadow Drive.
x Parking is proposed on one (1) side of Whitney Waye Court.
Fire Hydrants /Street Lights
* Facilities exist along Green Meadow Drive. Facilities are proposed in accordance with
City standards for this subdivision.
PLANNING & ZONING COMMISSION
® CORRESPONDENCE RECEIVED
Case No. P09004
2310 Green Meadow
January 8, 2009
Sender Senders How Date
Address Received Received
Rick Muenks 3401 S. Kimbrough Ave, Ste 106 Email 1/8/2009
Springfield, MO 65807
Christ & Brad Hake 2307 Green Meadow Drive Email 1/2/2009
Page 1 of 1
Stratman, Anne
® From: McMillan, Janice
Sent: Thursday, January 08, 2009 9:31 AM
To: Rick Muenks
Cc: svcon @aol.com; 'Kleffner, Paul'
Subject: RE: Comments - Case#PO9004, 2310 Green Meadow Drive
Thank you for your letter. I have forwarded it to the City's Law Department and will distribute it
to the Planning and Zoning Commission at tonight's meeting.
Ja ou McMa % A.ICP
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
From: Rick Muenks [mailto:rick @swvaluation.com]
Sent: Wednesday, January 07, 2009 4:48 PM
To: McMillan, Janice
Cc: svcon @aol.com; 'Kleffner, Paul'
Subject: Comments - Case #P09004, 2310 Green Meadow Drive
® Attached are comments concerning the referenced case.
Rick J. Muenks
3041 S. Kimbrough Avenue, Suite 106
Springfield, Missouri 65807
417 866-6503 - Legal
417 866-2006 - Legal Fax
417 866-8300 - Southwest Valuation, LLC
417 866-8391-Southwest Valuation, LLC Fax
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NOTICE: This communication from Rick J.Muenks,Attorney at Law,LLC may contain privileged or other confidential information. If you are not the
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the information. Also,please contact the sender at(417)866-6503 to notify them you have received this communication in error,and delete the copy
you received. Thank you.
1/8/2009
RICK J. MUENKS
Attorney and Counselor at Law
3041 S.Kimbrough Avenue,Suite 106 Paralegal
Oringfield,Missouri 65807 Paula K.Zerrer,PP,PIS
lephone: (417)866-6503
Fax: (417)866-2006
E-Mail: rick@swvaluation.com
Via Facsimile 573-634-6457 and email:jcplanning&effcitymo.org
January 7, 2009
Jefferson City Planning and Zoning Commission
c/o Department of Community Development -
Planning Division
320 East McCarty Street
Jefferson City, Missouri 65101
Re: Zoning and preliminary PUD plan — Case No. P09004 2310 Green Meadow Drive
Dear Members of the Planning and Zoning Commission:
I represent Roger and Irma Verslues who are the owners of nearby lots in the Rivers
Edge Estates Subdivision and more specifically Lot 17 of Rivers Edge Estates. On
behalf of my clients, this correspondence is being sent as my client's objection to the
® approval of the above-referenced application on the following grounds:
1. The application and exhibits presented to my clients as part of the above-
referenced case include a 60-foot wide access easement that extends from Green
Meadow Drive across Lot 16 and Lot 17 of Rivers Edge Estates. Therefore, the inclusion
of this land area in Lot 16 or Lot 17 would require the consent of the owners of Lot 16
and Lot 17 or the owners of Lot 16 and Lot 17 to join in the application as required under
Section 33-7.A of the City of Jefferson Subdivision Code. The owners of Lot 17 have not
consented to the application nor joined with the applicant in the application process, and
as such, the application does not meet the requirements of the City of Jefferson's
regulations. From correspondence with the owners of Lot 16, Paul and Penny Kleffner,
my understanding is neither have they consented to the application. Further, the owners
of Lot 16 and 17 are not named on the preliminary plat which is required under Section
33-7.C.5 of the Subdivision Code.
2. The strip of land included in the zoning change and subdivision application across
Lot 16 and Lot 17 is encumbered by an access easement by virtue of the plat for Rivers
Edge Estates which is recorded in Book 12 at page 209 of the records of the Cole County
Recorder. The plat for Rivers Edge Estates was filed on November 2, 2000. The plat for
Rivers Edge Estates reflects no dedication to the public of this strip of land across Lot 16
and 17 or any granting of this access easement across these lots for the benefit of the
• applicant's land. Instead, the access easement across Lot 16 and 17 is for the benefit of
other lot owners in Rivers Edge Estates. To my knowledge there is no other grant of
RJMlA-27-08 Page 1 of 2
easement for the benefit of the applicant to utilize the access easement shown on the
plat for Rivers Edge Estates across Lot 16 and Lot 17, and certainly the application
documents do not reflect a title source establishing access rights for the benefit of the
applicant's land. It is further our understanding that the applicant's parent land tract
® (Greenberry Farm) prior to being split up and conveyed by applicant, enjoyed the benefit
of various access points to public right of ways.
As such, due to the lack of legal use of the easement crossing Lot 16 and Lot 17, the
applicant's land has no access to and from Green Meadow Drive, and approval of any
zoning/plat of the applicant's land would create lots with no legal right of access which
violates Section 35-27 (D) (3) (b) of the zoning code and Section 33-9 (C) (1) of the
subdivision code.
Therefore, any approval of the application would be contrary to existing City of Jefferson
regulations. I have included with this correspondence copies of the applicable codes
cited herein.
This correspondence is intended to be made part of the official record in this matter
consistent with a letter dated December 23, 2008, from Eric Barron, AICP, Senior
Planner, and distributed to my clients as part of the application and public hearing
process.
Sincerely,
Rick J. Muenks
Attorney at Law
RJM/pkz
Enclosures
cc: Roger and Irma Verslues
Paul and Penny Kleffner
RJM/A-27-08 Page 2 of 2
Page 1 of 1
Thank you for your email. It will be printed and distributed to the Planning and Zoning Commission at their meeting this Thursday.
The reason that PUD zoning was requested is that the streets planned for the development will be private,and our code only allows
private streets as part of a Planned District/Gated Subdivision;in a typical residential subdivision the streets are dedicated to the
public and may not be gated.This PUD designation will be for single family residential use,and other or accessory uses as outlined in
® the development plan.The impact of this particular development proposal on your property should be negligible,especially since this
is considered a very low density residential development. If you are interested in viewing the proposed lot layout and other
information submitted with the application,please contact Eric Barron,Senior Planner. Eric may be reached at 573.634.6410.
As for your concerns regarding stormwater,I have forwarded your letter to the appropriate parties in the engineering division,
including Don Fontana, whom you mentioned in your letter. Don may also be reached by phoning the Department of Community
Development at 573.634.6410.
Ia4,L�M04alowv,AICP
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
From: Hake, Christy[mailto:Christy_Hake @centralbank.net]
Sent: Friday,January 02, 2009 10:55 AM
To: McMillan,Janice
Cc: PGAReinsch @aol.com
Subject: Case No. P09004-2310 Green Meadow Dr. Rezoning
Please see my attached memo for Brad and my concern about the new subdivision.
I understand that Tom and Sharon Naught want to develop 4-5 residential lots as a gated community. Brad and I do not
see a problem with this. We don't understand however why it must be rezoned from RS-1 to PUD. Can you explain this
and the impact of having a PUD and future development plans?
Thank you very much,
Christy and Brad Hake
Lot#5-2307 Green Meadow Dr.
Note:
The information contained in this message may be privileged and confidential and
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replying to the message and deleting it from your computer.
•
1/5/2009
Memo
To: Department of Community Development
Planning Division
From: Brad and Christy Hake
Owners of Lot 5-2307 Green Meadow Dr.
Subject: Case No. P09004-2310 Green Meadow Dr. Rezoning
Date: December 30, 2008
We appreciate the letter informing us of the Jefferson City Planning and Zoning Commission
meeting on January 81" and the opportunity to attend the meeting. We will try to make it to the
meeting that evening. We want to express that we are in favor of Mr. and Mrs. Naught's plan to
develop the acreage into 4-5 residential lots. We believe the development will fit very well into
our existing neighborhood. We appreciate how they have kept us informed of their plans.
Our one concern has to do with storm water drainage. Our concern is that developing a street
where the access easement is shown on the plat will result in an increase in storm water flowing
onto our property. Between Lots 5 & 6 there is a storm water easement that runs the depth of the
property. However, the drainage pipe from the street only extends halfway down the easement
and releases storm water into our backyard. This run off has caused large ditches and erosion in
our yard. The ditches extend into Paul and Gloria Reinsch's lot(Lot#4) and result in standing
water.
We have talked with Don Fontana with the city several times and he agreed that it is a problem
and the drainage pipe should have been extended along the entire easement before subdivision
approval. Don's response was that the city does not have the money to help us. We have had
our city councilman Dan Klindt inspect both lots 4 & 5 and he agreed that it is a problem.
According to the Subdivision Code, the preliminary plat must show "the location and direction
of drainage of all water courses and natural drainage channels, including acreage of water shed
drainage into each storm drain structure." Please consider the impact of increased storm water
drainage in this area. We would like to plead with the city again to help us with the storm water
drainage onto lots 4 & 5 before it is compounded with a connecting street.