HomeMy Public PortalAboutORD14491 BILL NO. 2008-143
SPONSORED BY Councilman Kllindt
ORDINANCE NO. I � � _/r
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI PROVIDING FOR THE
VOLUNTARY ANNEXATION OF REAL PROPERTY CONTIGUOUS TO THE PRESENT CITY
LIMITS, INTO THE CITY OF JEFFERSON,MISSOURI, LOCATED IN THE 200 BLOCK OF ROCK
BEACON ROAD, INCLUDING A PORTION OF A PARCEL CURRENTLY ADDRESSED AS 132
SCOTT STATION ROAD; DESCRIBED AS ALL OF LOTS 25 AND 26 AND PART OF LOT 27 OF
CHAPEL HILL COMMONS, SECTION THREE, IN THE COUNTY OF COLE, STATE OF
MISSOURI,AND ADJACENT RIGHT-OF-WAY; AND AMENDING SECTION 1-17 OF THE CODE
OF THE CITY OF JEFFERSON, MISSOURI, DEFINING THE EXISTING CITY BOUNDARY BY
ADDING ONE NEW SUB-SECTION PERTAINING TO THE SAME SUBJECT.
WHEREAS, pursuant to Section 71.012.2 RSMo,the City Council of the City of Jefferson desires
to annex the unincorporated area of land described in Section 1; and
WHEREAS, the property is adjacent to the City, and proposed as the site of a multi-family
residential development; and
WHEREAS, a public hearing concerning the annexation was advertised on February 27, 2009
in the Jefferson City Post Tribune; and
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. The City Council intends to and shall proceed to annex, as provided by law,the
unincorporated area of land described as follows:
All of Lots 25 and 26 of Chapel Hill Commons Section Three, a plat of record in Plat
Book 12, page 314, Cole County Recorder's Office; AND,
Part of Lot 27 of Chapel Hill Commons Section Three, a plat of record in Plat Book
12, page 314, Cole County Recorder's Office, being more particularly described as
follows: Beginning at the Northeasterly corner of Lot 27, thence southeasterly on
a curve to the left having a radius of 245.00 feet,an arc distance of 150.92 feet, (the
chord of said curve being S57'026'1 9"E, 148.55'feet),thence S85°52'02"W,242.83
feet, thence N50°12'31"E, 152.26 feet to the POINT OF BEGINNING;
AND,
Part of the right-of-way known as Rock Beacon Road and Chapel Hill Road as
shown by the plat of Chapel Hill Commons Section Three, a plat of record in Plat
Book 12, page 314, Cole County Recorder's Office, being more particularly
described as follows: Beginning at the northeasterly corner of the above said Lot
Bill 2008-143
Page 1
25, thence N87 008'32"E, 60.00 feet to the northeasterly right of way line of Rock
Beacon Road,thence southeasterly along the northeasterly right of way line of Rock
Beacon Road, on a curve to the left having a radius of 185.00 feet, an arc distance
of 240.43 feet, (the chord of said curve being S40 005'24"E, 223.87 feet), thence
S77 019'19"E, continuing along the northeasterly right of way line of Rock Beacon
Road and the easterly extension thereof, 89.09 feet to the easterly right of way line
of Chapel Hill Road, thence southeasterly along the easterly right of way line of
Chapel Hill Road, on a curve to the left having a radius of 285.00 feet, an arc
distance of 31.22 feet, (the chord of said curve being S15°34'57"W, 31.20 feet) to
the boundary of the current corporate limits of the City of Jefferson, also being the
Quarter Section Line, thence S86 028'35"W, along the boundary of the current
corporate limits of the City of Jefferson, also being the Quarter Section Line, 60.68
feet to the Northeast corner of the Southwest Quarter of Section 4, Township 44
North, Range 12 West thence S85 052'02"W, along the boundary of the current
corporate limits of the City of Jefferson, also being the Quarter Section Line, 40.53
feet to the southwesterly right of way line of Rock Beacon Road, thence
northwesterly along the southwesterly right of way of Rock Beacon Road on a curve
to the right having a radius of 245.00 feet,an arc distance of 308.85 feet, (the chord
of said curve being N38 058'19"W, 288.80 feet to the POINT OF BEGINNING;
Containing, in all, approximately 1.53 acres, including 1.06 acres of real property
and approximately 0.47 acres of adjacent right-of-way.
Section 2. The City Council finds and declares that the land described in Section 1 is
contiguous to the City boundary; that the annexation is reasonable and necessary to the proper
development of the City; and further, did determine the City has an ability to furnish normal
municipal services to this area.
Section 3. A public hearing was held on March 16, 2009 as provided by law, concerning
the annexation of the unincorporated area described in Section 1.
Section 4. The land described in Section 1 shall be zoned RA-2 until such time as the
zoning may be changed in the manner provided for by State Statute and City Code.
Section 5. An amendment to the Comprehensive Plan Development Plan Map is hereby
endorsed to reflect the changes for the area described in Section 1 from Low Density Residential
to High Density Residential.
Section 6. Section 1-17 of the City Code of the City of Jefferson, Missouri is hereby
amended by adding one new subsection which shall read as follows:
The Citv's boundaries shall also include the following-parcel:
All of Lots 25 and 26 of Chapel Hill Commons Section Three, a plat of record in Plat Book
12, page 314, Cole County Recorder's Office; and part of Lot 27 of Chapel Hill Commons
Section Three, a plat of record in Plat Book 12, page 314, Cole County Recorder's Office,
being more particularly described as follows: Beginning at the Northeasterly corner of Lot
27, thence southeasterly on a curve to the left having a radius of 245.00 feet, an arc
Bill 2008-143
Page 2
distance of 150.92 feet, (the chord of said curve being S57°°26'1 9"E, 148.55'feet), thence
S85°52'02"W,242.83 feet,thence N50°12'31"E, 152.26 feet to the POINT OF BEGINNING;
and part of Rock Beacon Road and Chapel Hill Road as shown by the plat of Chapel Hill
Commons Section Three, a plat of record in Plat Book 12, page 314, Cole County
Recorder's Office, being more particularly described as follows: Beginning at the
northeasterly corner of the above said Lot 25, thence N87 008'32"E, 60:00 feet to the
northeasterly right of way line of Rock Beacon Road, thence southeasterly along the
northeasterly right of way line of Rock Beacon Road, on a curve to the left having a radius
of 185.00 feet, an arc distance of 240.43 feet, (the chord of said curve being S40 005'24"E,
223.87 feet), thence S77 019'19"E, continuing along the northeasterly right of way line of
Rock Beacon Road and the easterly extension thereof, 89.09 feet to the easterly right of
way line of Chapel Hill Road, thence southeasterly along the easterly right of way line of
Chapel Hill Road, on a curve to the left having a radius of 285.00 feet, an arc distance of
31.22 feet, (the chord of said curve being S15 034'57"W, 31.20 feet)to the boundary of the
current corporate limits of the City of Jefferson,also being the Quarter Section Line,thence
S86 028'35"W, along the boundary of the current corporate limits of the City of Jefferson,
also being the Quarter Section Line, 60.68 feet to the Northeast corner of the Southwest
Quarter of Section 4, Township 44 North, Range 12 West thence S85 052'02"W, along the
boundary of the current corporate limits of the City of Jefferson, also being the Quarter
Section Line,40.53 feet to the southwesterly right of way line of Rock Beacon Road,thence
northwesterly along the southwesterly right of way of Rock Beacon Road on a curve to the
right having a radius of 245.00 feet,an arc distance of 308.85 feet, (the chord of said curve
being N38 058'19"W, 288.80 feet to the POINT OF BEGINNING; Containing, in all,
approximately 1.53 acres, including 1.06 acres of real property and approximately 0.47
acres of adjacent right-of-way.
Section 7. The annexed area shall be in Ward 3 of the City.
Section 8. The effective date of this Ordinance and the annexation of the area described
in Section 1 will be immediately upon passage, provided that no written objections to the proposed
annexation are filed with the City Council. If sufficient objections are filed, this ordinance shall not
become effective until such time as the annexation issue has been resolved pursuant to the
provisions of Chapter 71 RSMo.
Passed:-) � �% - L1— iZ ,. Approve
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Presidin Of.icer War
ATTEST: APPROVED AS// O FORM:
f
City Clerk City Counselor
Bill 2008-143
Page 3
PUBLIC HEARING NOTICE
Voluntary Annexation & Zoning Plan for Lots in Chapel Hill Commons, Section Three,
in the 200 Block of Rock Beacon Road
The City Council of the City of Jefferson, Missouri,will hold a public hearing on Monday, March 16,
2009 at 6:00 p.m. in the Council Chamber of the John G. Christy Municipal Building, 320 East
McCarty Street,to consider the proposed voluntary annexation by the City of Jefferson and zoning
plan of RA-2 High Density Residential for the following described real estate owned by MOCAP
Development LLC, and adjacent right-of-way, generally located in the 200 block of Rock Beacon
Road, including a portion of a lot bisected by the city boundary addressed as 132 Scott Station
Road: All of Lots 25 and 26 of Chapel Hill Commons Section Three, a plat of record in Plat Book
12, page 314,Cole County Recorder's Office;AND, part of Lot 27 of Chapel Hill Commons Section
Three, a plat of record in Plat Book 12, page 314, Cole County Recorder's Office, being more
particularly described as follows: Beginning at the Northeasterly corner of Lot 27, thence
southeasterly on a curve to the left having a radius of 245.00 feet, an arc distance of 150.92 feet,
(the chord of said curve being S57°0026'19"E, 148.55' feet), thence S85°52'02"W, 242.83 feet,
thence N50°12'31"E, 152.26 feet to the POINT OF BEGINNING;AND,part of the adjacent right-of-
way known as Rock Beacon Road and Chapel Hill Road as shown by the plat of Chapel Hill
Commons Section Three, a plat of record in Plat Book 12, page 314, Cole County Recorder's
Office, being more particularly described as follows: Beginning at the northeasterly corner of the
above said Lot 25, thence N87°08'32"E, 60.00 feet to the northeasterly right of way line of Rock
Beacon Road,thence southeasterly along the northeasterly right of way line of Rock Beacon Road,
on a curve to the left having a radius of 185.00 feet, an arc distance of 240.43 feet, (the chord of
said curve being S40 00524"E, 223.87 feet), thence S77 019'19"E, continuing along the
northeasterly right of way line of Rock Beacon Road and the easterly extension thereof, 89.09 feet
to the easterly right of way line of Chapel Hill Road, thence southeasterly along the easterly right
of way line of Chapel Hill Road, on a curve to the left having a radius of 285.00 feet, an arc
distance of 31.22 feet, (the chord of said curve being S1 5034'57"W, 31.20 feet) to the boundary
of the current corporate limits of the City of Jefferson, also being the Quarter Section Line, thence
S86 028'35"W,along the boundary of the current corporate limits of the City of Jefferson,also being
the Quarter Section Line, 60.68 feet to the Northeast corner of the Southwest Quarter of Section
4, Township 44 North, Range 12 West thence S85 052'02"W, along the boundary of the current
corporate limits of the City of Jefferson, also being the Quarter Section Line, 40.53 feet to the
southwesterly right of way line of Rock Beacon Road,thence northwesterly along the southwesterly
right of way of Rock Beacon Road on a curve to the right having a radius of 245.00 feet, an arc
distance of 308.85 feet, (the chord of said curve being N38058'1 9"W,288.80 feet to the POINT OF
BEGINNING. Containing,in all,approximately 1.53 acres,including 1.06 acres of real property and
0.47 acres of adjacent right-of-way.
P.T. - Friday, February 27, 2009
For contact information only:
Department of Community Development/Planning Division
320 East McCarty Street, Room 120
Jefferson City, Missouri 65101
Contact: Anne Stratman or Janice McMillan
(573) 634-6475 Fax(573) 634-6457
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Complete Annexation Area Description:
All of Lots 25 and 26 of Chapel Hill Commons Section Three, a plat of record in Plat
Book 12, page 314, Cole County Recorder's Office
ALSO part of Lot 27 of Chapel Hill Commons Section Three, a plat of record in Plat
Book 12, page 314, Cole County Recorder's Office, being more particularly described as
follows:
Beginning at the most northerly corner of said Lot 27, thence southeasterly along the
northeasterly line of said Lot 27, also being the southwesterly right of way line of Rock
Beacon Road, on a curve to the left having a radius of 245.00 feet, an are distance of
150.92 feet, (the chord of said curve being S57°26'1 9"E, 148.55 feet)to the boundary of
the current corporate limits of the City of Jefferson, also being the Quarter Section Line;
thence S85°52'02"W, along the boundary of the current corporate limits of the City of
Jefferson, also being the Quarter Section Line; 242.83 feet to the most westerly corner of
said Lot 27, thence N50'12'3 I"E, along the northwesterly line of said Lot 27, 152.26 feet
to the POINT OF BEGINNING.
ALSO part of Rock Beacon Road and Chapel Hill Road as shown by the plat of Chapel
Hill Commons Section Three, a plat of record in Plat Book 12, page 314, Cole County
Recorder's Office, being more particularly described as follows:
Beginning at the northeasterly corner of the above said Lot 25, thence N87°08'32"E,
60.00 feet to the northeasterly right of way line of Rock Beacon Road, thence
southeasterly along the northeasterly right of way line of Rock Beacon Road, on a curve
to the left having a radius of 185.00 feet, an are distance of 240.43 feet, (the chord of said
curve being S40°05'24"E, 223.87 feet), thence S7719'19"E, continuing along the
northeasterly right of way line of Rock Beacon Road and the easterly extension thereof,
89.09 feet to the easterly right of way line of Chapel Hill Road, thence southeasterly
along the easterly right of way line of Chapel Hill Road, on a curve to the left having a
radius of 285.00 feet, an are distance of 31.22 feet, (the chord of said curve being
S 15°34'57"W, 31.20 feet) to the boundary of the current corporate limits of the City of
Jefferson, also being the Quarter Section Line, thence S86°28'35"W, along the boundary
of the current corporate limits of the City of Jefferson, also being the Quarter Section
Line, 60.68 feet to the Northeast corner of the Southwest Quarter of Section 4, Township
44 North, Range 12 West thence S85°52'02"W, along the boundary of the current
corporate limits of the City of Jefferson, also being the Quarter Section Line, 40.53 feet
to the southwesterly right of way line of Rock Beacon Road, thence northwesterly along
the southwesterly right of way of Rock Beacon Road on a curve to the right having a
radius of 245.00 feet, an are distance of 308.85 feet, (the chord of said curve being
N38°58'19"W, 288.80 feet to the POINT OF BEGINNING.
EXCERPT OF UN-APPROVED MINUTES
JEFFERSON CITY PLANNING AND ZONING COMMISSION
February 12, 2009
5:15 p.m.
COMMISSION MEMBERS PRESENT ATTENDANCE RECORD
Mike Berendzen, Chair 7 of 8
Randy Bickel 5 of 8
Bob George 6 of 8
David Hagan 5 of 8
John Lake 5 of 8
J. Rick Mihalevich 5 of 8
David Nunn 6 of 8
Ralph Robinett, Vice Chairman 7 of 8
Chris Yarnell 6 of 8
Chris Jordan, Alternate 6 of 8
Scott Stacey, Alternate 1 of 2
COMMISSION MEMBERS ABSENT
Jack Deeken, Alternate 5 of 8
EX-OFFICIO MEMBERS PRESENT
Dan Klindt, City Council Liaison
STAFF PRESENT
Janice McMillan, Deputy Director of Planning &Transportation Services
Drew Hilpert, Associate City Counselor
Eric Barron, Senior Planner
Shane Wade, Civil Engineer II
Anne Stratman, Administrative Assistant
New Business
Case No. P09006 — 132 Scott Station Road and property in the 200 block of Rock Beacon
Road; Rezoning from M-1 to RA-2, Voluntary Annexation, Zoning Plan, and
Comprehensive Plan Amendment. Application filed by Charles Pierce, authorized
representative, MOCAP Development LLC, property owner, for the following:
1. Rezoning of 1.59 acres from M-1 Light Industrial to RA-2 High Density Residential;
and
2. Voluntary Annexation of 1.06 acres and adjacent right-of-way, pursuant to Section
71.012 RSMo; and
3. Approval of a zoning plan for 1.06 to be zoned RA-2 High Density Residential; and
4. An amendment to the development plan map of the comprehensive plan in order to
show the property, consisting of a total of 2.65 acres, as High Density Residential.
The property consists of a total of 2.65 acres and is located on the northern side of Chapel Hill
Road between Scott Station Road and Rock Beacon Road. The property is described as lots 25,
26, and 27 of Chapel Hill Commons, Section Three, Cole County, Missouri. (Central Missouri
Professional Services, Consultant)
Chairman Berendzen reiterated that Mr. Yarnell will abstain from discussion and voting
on this item and designated Mr. Stacey to vote.
Mr. Barron described the proposal and explained that the property owner intends to
develop this property into a multi-family residential development consisting of two 4-plex
residential buildings and one 36 unit apartment building. He stated that the city limit line
straddles the property and portions of the property lie outside the incorporated area. Mr.
Barron explained that the portion of the property that currently is within the city limits is zoned
M-1 Light Industrial. He stated that the property owner is proposing to rezone the
incorporated portion of the property from M-1 to RA-2. Mr. Barron explained that the
unincorporated area will be voluntarily annexed and the property owner is proposing to
establish a zoning of RA-2 for the annexed property. He stated that the property owner is
also requesting an amendment to the comprehensive plan that would support the requested
multi-family zoning of the property.
Excerpt of Unapproved Minutes/Jefferson City Planning &Zoning Commission Page 2
February 12, 2009
Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, spoke
regarding this request. Mr. Bates distributed the following visuals: (1) an architectural
rendering of Chapel Hill Estates; (2) an aerial depicting the area to be rezoned; and (3) an
aerial depicting the layout of the buildings and the proposed apartments. He explained that
the proposed development consists of Lots 25, 26 and 27 of Chapel Hill Commons, Section
Three. Mr. Bates stated that Lots 25 and 26 are currently outside of the city limits, as well as,
a small portion of Lot 27. He stated that the portion of Lot 27 that is inside of the city limits is
zoned industrial, which is not an appropriate use. Mr. Bates explained that the proposed
development will consist of two 4-plex buildings and one 36-unit building. He clarified that the
proposed development is not an assisted living development but is a continuation of the
existing development at Chapel Hill Commons.
No one spoke in opposition to this request and no correspondence was received.
Mr. Barron gave the Planning Division staff report and explained that the establishment of
a high density residential land use in this area would serve to separate the existing
commercial and industrial land uses located on Scott Station Road from the residential land
uses located on Chapel Hill Road and Rock Beacon Road. He stated that this property sits
adjacent to a variety of land uses including commercial uses, multi-family residential uses,
single family residential uses, and industrial uses. Mr. Barron explained that a multi-family
residential zoning of this property would be somewhat compatible with the existing variety of
land uses in the area and would serve to provide a buffer between the commercial/industrial
uses and the existing residential uses.
Mr. Bickel moved and Mr. Lake seconded to recommend approval of the Comprehensive
Plan Amendment in order to show the property as High Density Residential, to the City
Council. The motion passed 8-0 with the following votes:
Aye: Bickel, Hagan, George, Lake, Mihalevich, Nunn, Robinett, Stacey
Abstain: Yarnell
Mr. Bickel moved and Mr. Nunn seconded to recommend approval to rezone the
incorporated portion of the property from M-1 to RA-2, to the City Council. The motion
passed 8-0 with the following votes:
Aye: Bickel, Hagan, George, Lake, Mihalevich, Nunn, Robinett, Stacey
Abstain: Yarnell
Mr. Bickel moved and Mr. Nunn seconded to recommend approval of the voluntary
annexation petition and zoning plan establishing an RA-2 zoning for the unincorporated
portion of the property. The motion passed 8-0 with the following votes:
Aye: Bickel, Hagan, George, Lake, Mihalevich, Nunn, Robinett, Stacey
Abstain: Yarnell
City of Jefferson Planning & Zoning Commission
LOCATION
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110 55 0 110 Feet
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132 Scott Station Road
200 Block of Rock Beacon Road
Voluntary Annexation &Zoning Plan to RA-2
APPLICATION FOR VOLUNTARY ANNEXATION
✓ PETITION FOR VOLUNTARY ANNEXATION OF CONTIGUOUS PROPERTY
AGREEMENT FOR FUTURE VOLUNTARY ANNEXATION OF NON-CONTIGUOUS PROPERTY
This application authorizes the City to prepare a Petition for Voluntary Annexation of Contiguous Property
or Agreement for Future Voluntary Annexation of Non-Contiguous Property
Instructions: Property owners requesting annexation by the City of Jefferson should complete this form and attach copies of the
following: (1)property deeds(2)list of all property owners if not listed on the deeds and(3)location map. For applicants requesting
sanitary sewer services, this application should be submitted with a copy of the subdivision plat and/or improvement plans. After
receipt by the Department of Community Development,the application will be forwarded to the Law Department where the Petition or
Agreement, as appropriate, will be prepared. Please note that all owners of the subject property must sign the actual Petition or
Agreement. After a Petition has been signed, annexation of contiguous property(property that already touches the city boundary)
may be processed immediately. Annexation of non-contiguous property(property that does not touch the current city boundary)will
be held until such time as the property does become contiguous. In all cases, City staff will contact the roperty owner to complete
the process. Please return this form and supporting documentation to: (� �q
15 �J
Department of Community Development–Planning D
320 East McCarty Street, Room 120
Jefferson City, Missouri 65101 JAN 2 a
Phone (573)634-6410 Fax(573)634-6457
The undersigned hereby requests that the appropriate documents be prepared fo vol
property described below and in the attached exhibits. TRANSPORTATION SERVICES
1. Property Location/Subdivision Name:Lot 25, 26 and part of Lot 27/Chanel Hill Commons Sec. 3— See Exhibit A
2. Property Acreage (or square feet)if known: 1.06 Acres
3. Purpose of the Application.-Allow for the development of 44 units of senior housing.
4. At least e owner of the pro must sign this application.
nature o Property Ow er Date
_Charles Pierce—Authorized Representative
Typed or Printed Name of Property Owner
5. Property Owner Information:
Name: MOCAP Development. LLC Attn. Charles Pierce
Address: 221 Bolivar Street, Jefferson City, MO 65101
Phone Number/Email 573-635-2255/cpierceCfarmer companies.com
6. Consultant Information (if applicable):
Name Central Missouri Professional Services Inc.
Address 2500 E. McCarty Street, Jefferson City. MO 65101
Phone Number/Email 573-634-3455/pkremer cm s-inc.com
For City Use Only:
Community Development Date Received: Application No.
The following supporting documentation is attached for forwarding to Law Department(check all that apply)
Property deed(s)
Updated property description or legal description
Names, addresses and telephone numbers of all property owners if not shown in the attached deed(s)
Subdivision plat
Map showing property location and boundaries
Additional sheets (specify)
Law Department Date Received:
Review Completed, Application Denied(explain)
Review Completed, Application Approved(Attach copy of Petition or Agreement)
Returned to Community Development with copy of petition/agreement on II
I
it
REQUEST FOR ZONING DESIGNATION
IN CONJUNCTION WITH VOLUNTARY ANNEXATION
City of Jefferson, Missouri
Department of Community Development- Planning Division
320 East McCarty Street, Room 120
Jefferson City, Missouri 65101
Phone(573)634-6410 Fax(573) 634-6457
1. The undersigned states they are the owner(s)of the following described real estate, and having completed a
petition for voluntary annexation, requests the following zoning designation for the property described herein:
RA-2
2. Property Address or Location: Lots 25 26 and part of Lot 27, Chapel Hill Commons Sec. 3—See_Exhibit A
3. Property Legal Description (or attach):_ See Attached
4. The property is currently developed as, or is being used for the following purposes:
The properly currently is not being utilized and is a vacant lot
5. The proposed use of the property or the purpose of the request for zoning change is:
Allow for the development of 44 units of senior housing,
Charles Pierce—Authorized Representative
Name of Property Owner#1 (type or print) Prope y Owner Signature Date
Name of Property Owner#2 (type or print) Property Owner Signature Date
Address of Property Owner#1:
Address: MOCAP Development LLC Attn: Charles Pierce
321 Bolivar Street Jefferson City MO 65101
Phone Number 573-635-2255
Address of Property Owner#2:
Address:
Phone Number
For Staff Use Only
Attachments: Date Received
Additional sheets or documentation
Location Map
Notes:
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PETITION FOR VOLUNTARY ANNEXATION
MOCAP Development LLC )
Petitioners )
COME NOW, the Petitioner, MOCAP Development, LLC, and pursuant to the
provisions of§71 .012, RSMo., hereby petition the City of Jefferson City, for voluntary
annexation into the City of Jefferson City, and in support thereof, state the following:
1 . That Petitioner is the owner of certain property in Cole County, Missouri, said
property being described in the attached exhibit and being hereinafter referred
to as "the Property":
2. This real estate is not now a part of any incorporated municipality.
3. This real estate is compact and contiguous to the existing corporate limits of
the City of Jefferson, Missouri, or is contiguous and compact to other property
petitioned for annexation.
4. That the petitioner is the owner in fee of all of the property to be annexed.
WHEREFORE, Petitioners request that the City of Jefferson City annex the
aforesaid property.
State of Missouri )
ss
County of Cole )
On this "- day of February, 2009, before me appeared 'Arqjt,y c to me
personally known, who, being by me duly sworn, did say that he is they � of
MOCAP Development LLC,and that the seal atfixedto the foregoing instrument
is the (corporate seal of the corporation or seal of the association) or the
v� (corporation orassociation)has no(corporate orassociation)seal], and that the
foregoing instrument was signed and sealed in behalf of the MOCAP Development LLC
by authority of its board of directors, and , acknowledged the foregoing
instrument to be the free act and deed of the MOCAP Development LLC.
C c L
Notary Public
M commission expires ) JEAN MACKNEY
Yl��,� ,aoi ( __Notary Public-Notary Seal
STATE OF MISSOURI
County of Cole
My Commission Expires 11/27/2011
Commission#X75000^9
NOTICE
A petition for voluntary annexation has been filed with the City Council for the City
of Jefferson City to annex certain property into the City of Jefferson City at the
request of the property owner, said property being described as:
See Exhibit A
A hearing on the proposed annexation will be held in the City Council Chambers,
City Hall, 320 E. McCarty St., Jefferson City, Missouri on March 16, 2009, at 6:00
pm.
Exhibit A—Voluntary Annexation Description:
All of Lots 25 and 26 of Chapel Hill Commons Section Three, a plat of record in Plat
Book 12, page 314, Cole County Recorder's Office and part of Lot 27 of Chapel Hill
Commons Section Three, a plat of record in Plat Book 12, page 314, Cole County
Recorder's Office, being more particularly described as follows: Begirming at the
Northeasterly corner of Lot 27, thence southeasterly on a curve to the left having a radius
of 245.00 feet, an arc distance of 150.92 feet, (the chord of said curve being
S57°26'19"E, 148.55' feet), thence S85°52'02"W, 242.83 feet, thence N50°12'31"E,
152.26 feet to the POINT OF BEGINNING.
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City of Jefferson �� 7 N i ;o 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 25~ Fax: (573) 634-6457
January 29, 2009
Dear Property Owner:
This letter is to notify you that the Jefferson City Planning and Zoning Commission will meet at 5:15 p.m. on
Thursday, February 12, 2009 in the Council Chambers of the John G. Christy Municipal Building, 320 East
McCarty Street, to consider the following matter(see map on back):
Case No. P09006 — 132 Scott Station Road and property in the 200 block of Rock Beacon
Road; Rezoning from M-1 to RA-2, Voluntary Annexation, Zoning Plan, and
Comprehensive Plan Amendment. Application filed by Charles Pierce, authorized
representative, MOCAP Development LLC, property owner,for the following:
1. Rezoning of 1.59 acres from M-1 Light Industrial to RA-2 High Density Residential; and
2. Voluntary Annexation of 1.06 acres and adjacent right-of-way, pursuant to Section 71.012
RSMo; and
3. Approval of a zoning plan for 1.06 to be zoned RA-2 High Density Residential; and
4. An amendment to the development plan map of the comprehensive plan in order to show
the property, consisting of a total of 2.65 acres, as High Density Residential.
The property consists of a total of 2.65 acres and is located on the northern side of Chapel Hill
Road between Scott Station Road and Rock Beacon Road. The property is described as lots 25,
26, and 27 of Chapel Hill Commons, Section Three, Cole County, Missouri. (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 March
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
City or .
arts
FE .3t[Ft,f f tema r s o n
III COMMUNITY DEVELOPMENT ���'.I
Jefferson City Plainung& Zoning Conunission Page 1
Property Owners List
Case No. P09006
132 Scott Station Road 200 Block of Rock Beacon Road February 12,2009
Max DeYoung Kenneth&Christine Wynn
817 Kaylor Bridge Road 3603 S. Rock Beacon Road
Centertown, MO 65023 Jefferson City, MO 65109
220 Rock Beacon Road 3603 S. Rock Beacon Road
Stephen &Angelique Forsha Le Ann Block
215 Rock Beacon Road 3600 Mall Ridge Street
Jefferson City, MO 65109 Jefferson City, MO 65109
215 Rock Beacon Road 3600 Matt Ridge Street
Christopher &Kelli Hankins Chapel Hill Commons, LP
223 Rock Beacon Road PO Box 7688
Jefferson City, MO 65109 Columbia, MO 65205
223 Rock Beacon Road 3501 Chapel Hill Road A-H
Donald & Henrietta Hartness City of Jefferson
3607 S. Rock Beacon Road 320 E. McCarty Street
Jefferson City, MO 65109 Jefferson City, MO 65101
3607 S. Rock Beacon Road 204 Scott Station Road
L & L Properties/Design, LLC Design Properties, LLC
PO Box 105107 PO Box 105107
Jefferson City, MO 65110 Jefferson City, MO 65110
Chapel Hill Road 3546 N.Ten Mile Drive
Rock Beacon Road
Terri Ann Dewey
MOCAP Development, LLC 3604 Mall Ridge Street
PO Box 104960 Jefferson City,MO 65109
Jefferson City, MO 65110 3604 Mall Ridge Street
Rock Beacon Road (Subject Property)
132 Scott Station Road (Subject Property) Dialysis Clinic Inc
1633 Church Street
LRL Group, LLC Nashville, TN 37203
2316 St Mary's Boulevard, Suite 200 144 Scott Station Road
Jefferson City, MO 65109
3513 S. Rock Beacon Court Lorenzo Greene
3608 Mall Ridge Street
Mark& Kelly Roettgen Jefferson City, MO 65109
219 Rock Beacon Road 3608 Mall Ridge Street
Jefferson City, MO 65109
219 Rock Beacon Road David & Susan Hirschman
3605 Mall Ridge Street
Shawn & Larae Skelton Jefferson City, MO 65109
224 Rock Beacon Road 3605 Mall Ridge Street
Jefferson City, MO 65109
224 Rock Beacon Road
Jefferson City Plarining& Zoning Commission Page 2
Property Owners List
Case No. P09006
132 Scott Station Road 200 Block of Rock Beacon Road February 12, 2009
Travis & Stephanie Kay
147 Scott Station Road
Jefferson City, MO 65109
147 Scott Station Road
Timothy&Julie Kirk
712 Heisinger Road
Jefferson City, MO 65109
141 Scott Station Road
Koelling Enterprises, LLC
136 Scott Station Road
Jefferson City, MO 65109
136 Scott Station Road
Phillip & Sharlyn LePage
3601 Mall Ridge Street
Jefferson City, MO 65109
3601 Mall Ridge Street
Constantin& Elena Lupu
3609 Mall Ridge Street
Jefferson City, MO 65109
3609 Mall Ridge Street
Jerry& Melissa Tynes
204 Kent Street
Jefferson City, MO 65109
204 Kent Street
Vermaas & Sons, LLC
3820 Vermass Place
Lincoln, NE 68502
129 Scott Station Road
Dialysis Clinic Inc
144 Scott Station Road
Jefferson City, MO 65109
144 Scott Station Road
Marc Ellinger, Presiding Commissioner
Cole County Commission
301 E. High Street
Jefferson City, MO 65101
Larry Benz, Director
Cole County Public Works
5055 Monticello Road
Jefferson City, MO 65109
PLANNING STAFF REPORT
JEFFERSON CITY PLANNING AND ZONING COMMISSION
February 12,2009
Case No. P09006 — 132 Scott Station Road and property in the 200 block of Rock Beacon Road; Rezoning
from M-1 to RA-2, Voluntary Annexation, Zonina Plan, and Comprehensive Plan Amendment. Application
filed by Charles Pierce, authorized representative, MOCAP Development LLC, property owner, for the following:
1. Rezoning of 1.59 acres from M-1 Light Industrial to RA-2 High Density Residential; and
2. Voluntary Annexation of 1.06 acres and adjacent right-of-way,pursuant to Section 71.012 RSMo; and
3. Approval of a zoning plan for 1.06 to be zoned RA-2 High Density Residential; and
4. An amendment to the development plan map of the comprehensive plan in order to show the property,
consisting of a total of 2.65 acres, as High Density Residential.
The property consists of a total of 2.65 acres and is located on the northern side of Chapel Hill Road between Scott
Station Road and Rock Beacon Road. The property is described as lots 25, 26, and 27 of Chapel Hill Commons,
Section Three, Cole County, Missouri. (Central Missouri Professional Services, Consultant)
Nature of Request
The property owner intends to develop this property into a multi-family residential development consisting of two
4-plex residential buildings and one 36 unit apartment building. The city limit line straddles the property and
portions of the property lie outside the incorporated area. That portion of the property that currently lies within the
city limits is zoned M-1 Light Industrial. The property owner is proposing to rezone the incorporated portion of the
property from M-1 to RA-2. The unincorporated area will be voluntarily annexed and the property owner is
proposing to establish a zoning of RA-2 for the annexed property. The property owner is also requesting an
amendment to the development plan map of the comprehensive plan that would support the requested multi-family
zoning of the property.
Zoning and Surrounding Land Use
Current Zoning: M-1 and Unincorporated Current Use: Vacant
Requested Zoning: RA-2 Intended Use: Multi-Family Residential
Surrounding Zoning _ _ Surrounding Uses
North Unincorporated Commercial
South M-I _ Utility company
East RA-2 Multi Family Residential
West PUD and RS-1 Cemetery and Single Family Residential
Allowed Uses:
The RA-2 High Density zoning district allows for a variety of land uses including single family residential, multi
family residential, apartments, nursing homes under 10,000 square feet, and assisted living facilities.
Staff Analysis
Standard checklist for rezoning: Yes No Notes:
Complies with Comprehensive Plan X The associated comprehensive plan amendment
would support the requested zoning for the property.
Has access to necessary utilities X Necessary utilities 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 property exceeds the minimum size requirement
of the RA-2 district of one acre.
Benefit to City is substantial when compared to X The city would benefit from the development of the
adverse affects on ad'ace� nt property --Property in a high density residential manner.
The rezoning would not be a grant of privilege to X There is existing RA-2 zoned property in the area as
the owner with little or no benefit to the public well as industrial and commercial roperty.
After rezoning, the allowed uses would Te X The rezoning would be an expansion of an existing I
compatible with uses allowed in adjacent districts multi-family residential district.
Planning and Zoning Commission February 12, 2009
Case No. P09006 page 2
After rezoning, the allowed uses would TbX The property would serve as a transition from the
compatible with adjacent existing land uses commercial and industrial uses along Scott Station
road and the residential uses to the north and east.
If not rezoned, the owner would be deprived of Some of the adjacent property is currently zoned
advantages enjoyed by surrounding owners RA-2.
(reverse s of zoning)
The requested rezoning would be an expansion of X The requested zoning would be an expansion of the
an existing district RA-2 zoning district on the opposite side of Chapel
Hill Road.
Approve Den llTeutral
Staff Recommendation X
Staff Recommendation
Comprehensive Plan Amendment:
Currently, the incorporated portion of this property is currently identified as commercial and the unincorporated
portion of the property is identified as low density residential on the development plan map of the comprehensive
plan. The establishment of a high density residential land use in this area would serve to separate the existing
commercial and industrial land uses located on Scott Station Road from the residential land uses located on Chapel
Hill Road and Rock Beacon Road. Staff recommends approval of the Comprehensive Plan Amendment.
Rezoning Request:
This property sits adjacent to a variety of land uses including commercial uses, multi-family residential uses, single
family residential uses, and industrial uses. A multi-family residential zoning of this property would be somewhat
compatible with the existing variety of land uses in the area and would serve to provide a buffer between the
commercial/industrial uses and the existing residential uses. Staff recommends approval of the request to rezone the
incorporated portion of the property from M-1 to RA-2,
Voluntary Annexation and Zoning Plan:
The property owner has submitted a petition to annex the unincorporated portion of the property (and adjacent right-
of-way) into the city limits of the City of Jefferson. The property is contiguous to the current city limits and the
property ]ends itself well to incorporation and multi-family residential zoning. Staff recommends approval of the
annexation petition and zoning plan.
Staff recommends the following:
1. Approval of the Comprehensive Plan Amendment in order to show the property as High Density
Residential on the Development Plan Map of the Comprehensive Plan.
2. Approval of the request to rezone the incorporated portion of the property from M-1 Light Industrial to RA-
2 High Density Residential.
3. Approval of the annexation petition and zoning plan establishing an RA-2 zoning for the unincorporated
portion of the property.