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Home My Public Portal AboutORD14414 BILL NO. 2008-66 • SPONSORED BY Councilman Klindt ORDINANCE NO. 1#41 ff 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 1.18 ACRES FROM RA-1 HIGH DENSITY RESIDENTIAL TO C-O OFFICE COMMERCIAL FOR LAND ADDRESSED AS 2712 AND 2715 PORTABELLO PLACE DRIVE, DESCRIBED AS LOTS 17 AND 30 OF CREEKSIDE PARK, SECTION TWO, JEFFERSON CITY, COLE COUNTY,MISSOURI,AND ENDORSING AN AMENDMENT ON THE DEVELOPMENT PLAN MAP OF THE COMPREHENSIVE PLAN TO REFLECT SUCH CHANGE. WHEREAS, It appears that the procedures set forth in the zoning code relating to zoning have in all matters been complied with; and WHEREAS, The zoning ordinance requires consistency between the comprehensive plan and the zoning map and the proposed zoning change would necessitate a change to the Comprehensive Plan Development Plan Map. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The following described real estate is rezoned from RA-1 High Density Residential to C-O Office Commercial: Lots 17 and 30 of Creekside Park, Section Two, Jefferson City, Cole • County, Missouri. Containing 1.18 acres more or less. Section 2. An amendment to the Comprehensive Plan Development Plan Map is hereby endorsed to designate the area described in Section 1 as Commercial. Section 3. This ordinance shall be in full force and effect from and after its passage and approval. Passed: �� Approved: Oeo�4k Z z �y Presi fficer May ATTEST: A=VD FORM: } City Clerk Cit ounsel r • -1- EXCERPT OF UN-APPROVED MINUTES JEFFERSON CITY PLANNING AND ZONING COMMISSION September 11, 2008 • 5:15 p.m. COMMISSION MEMBERS PRESENT ATTENDANCE RECORD Mike Berendzen, Chair 4 of 4 Bob George 2 of 4 David Hagan 3 of 4 Rhonda Hoskins 3 of 4 John Lake 3 of 4 David Nunn 3 of 4 J. Rick Mihalevich 2 of 3 Ralph Robinett, Vice Chairman 3 of 4 Chris Jordan,Alternate 3 of 4 Chris Yarnell, Alternate . 3 of 4 COMMISSION MEMBERS ABSENT Randy Bickel 2 of 4 Jack Deeken, Alternate 2 of 4 EX-OFFICIO MEMBERS ABSENT Dan Klindt, City Council Liaison STAFF PRESENT Charles Lansford, Assistant to the Director of Community Development Janice McMillan, Deputy Director of Planning & Transportation Services Eric Barron, Senior Planner Drew Hilpert, Associate City Counselor Shane Wade, Civil Engineer II • Anne Stratman,Administrative Assistant Old Business— Public Hearings Case No. P08027 — 2712 and 2715 Portabello Place and Property in the 1400 Block of Creek Trail Drive; Rezoning and Comprehensive Plan Amendment. (Continued from August 14, 2008). Request filed by CPW LLC, property owner, Carol Prenger and Randall Wright, authorized representatives, to rezone approximately 17.93 acres from RA-1 High. Density Residential to C-2 General Commercial and an associated amendment to the comprehensive plan. Chairman Berendzen announced that Mr. Nunn will be abstaining from voting on Case No. P08027. Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, spoke regarding this request. Mr. Bates distributed the Preliminary Plat of Creekside Park, Section Three and a visual depicting a new proposed zoning plan for the subject property. He explained that after discussion with the property owner and developer it was determined that the original request for C-2 zoning would not fit in with the neighborhood or with the comprehensive plan. Mr. Bates stated that the subdivision covenants for Creekside Park, Section Two, specifically identifies that Lots 17 and 30 may be used for limited commercial purposes such as office buildings, but no retail uses. Mr. Greg Bowman, Bowman Commercial Realty, 1002 Diamond Ridge spoke in favor of this request. He explained that development of the subject property and surrounding properties has been stagnate for the past two years. Mr. Bowman stated that the proposed • zoning change is one way to stimulate this property and get it moving forward. Excerpt of Minutes/Jefferson City Planning &Zoning Commission Page 2 September 11, 2008 • Ms. Betty Cooper, 2517 Portabello Place, expressed concerns regarding increased congestion on Creek Trail Drive. She inquired whether there is a long range plan in place for the commercial and residential development. Ms. Mary Morrow, 2626 Portabello Place, inquired of how the proposed rezoning request will impact homeowners if they decide to sell their property in the future. In response, Mr. Bowman explained that if growth begins to occur, there will be future connectivity and less congestion and property values will increase. Mr. Wayne Weider, 2528 Portabello Place, requested clarification of the proposed rezoning request in relation to the valley across the street from Portabello Place. In response, Mr. Bates explained that the undeveloped property located along the cul-de-sac identified on the preliminary plat will remain zoned RA-1. He stated that traffic congestion is not an issue at this time however when the platting process has begun a traffic study will be submitted. Correspondence in opposition to the revised request was received from the following individuals for the September 11, 2008 Planning and Zoning Commission meeting: Donna Stone Anderson, 2624 Portabello Place Wayne and Brenda Weider, 2528 Portabello Place Correspondence in opposition to the original request was received from the following individuals for the August 14, 2008 Planning and Zoning Commission meeting: Betty Cooper, 2517 Portabello Place Donny Hamilton, 2622 Portabello Place Paul Cooper, 2517 Portabello Place • Jennie DeClue, 2526 Portabello Place Mr. Barron gave the Planning Division staff report and explained that the original request proposed rezoning all three parcels from RA-1 to C-2. The revised request proposes to rezone Lots 17 and 30 of Creekside Park, Section Two, from RA-1 to C-O and the larger tract of land located at the end of Creek Trail Drive from RA-1 to C-1. The remaining undeveloped property located along the cul-de-sac will remain zoned RA-1. Mr. Barron clarified that the rezoning request could be approved as submitted by the applicant in its entirety or the Commission can vote on each parcel separately. Mr. Bates clarified that any development on Lots 17 and 30 will be limited due to the size of the lots. He explained that any development on the proposed C-1 lots will be limited in size as well. Mr. Lake moved and Mr. Jordan seconded to recommend approval of the Comprehensive Plan Amendment from High Density Residential to Commercial, to the City Council. The motion passed 8-0 with the following votes: Aye: George, Hagan, Hoskins, Jordan, Lake, Mihalevich, Robinett, Yarnell Abstain: Nunn Mr. Lake moved and Mr. Jordan seconded to recommend approval of the revised application rezoning Lots 17 and 30 of Creekside Park, Section Two, from RA-1 High Density Residential to C-O Office Commercial and the remaining tract of land located at the end of Creek Trail Drive from RA-1 High Density Residential to C-1 Neighborhood Commercial to the City Council. The motion passed 8.0 with the following votes: • Aye: George, Hagan, Hoskins, Jordan, Lake, Mihalevich, Robinett, Yarnell Abstain: Nunn City of Jefferson Planning & Zoning Commission LOCATION �..." �� In 1:�.• d ` v pp� r r t �3gff��3i.e S �ifa ��+ye a "'' 0 AiM .w.E„ ` rr p f q P - ✓y- g` f MW c SIB.. -t U .� ;-y� �'✓ � &a �`. ��` � r ��' '� � 'ei c;.3n �� s�r��.air=rr 5� a e �ii r ��#�F i�R �.m�s'f, d a 4 ! - �S�I��Btu",k u�✓,�,�&�s�?i.� ��c,L�T��y �� r�� .�s�� '' tom, N 380 190 0 380 Feet W E S Council Bill No. 2008-66 2712 Portabello Place -Lot 17 • 2715 Portabello Place -Lot 15 A. Rezoning from RA-1 to C-0 B. Comprehensive Plan Amendment C.P.W. LLC PO Box 1425 Jefferson City MO 65102 July 18, 2008 • City of Jefferson Planning & Zoning Commission Jefferson City MO 65101 To the Commission: C.P.W. LLC (CPW) hereby requests rezoning of the following tracts of land in the City of Jefferson City to C-2, General Commercial: • Lot Numbers 17 and 30, Creekside Park, Section II • 17.82 more or less acres of unplatted land, Creekside Park Since 2002, C.P.W. LLC has been developing approximately 43 acres of land off of Creek Trail Drive. Prior to the land being annexed by the City, the above-mentioned property has been developed for mixed-use purposes including multi-family and commercial uses. It was always CPW's intent to develop lots and land adjacent to Creek Trail Drive for commercial use, as is evidenced by numerous discussions with Cole County officials, the engineering firm of Central Missouri Professional Services (CMPS), and recorded land • restrictions on the property. Presently, all other land and lots on Creek Trail Drive are zoned C-2. In addition, the majority of the land adjacent to the subject property has already been rezoned to C-2. The types of commercial establishments presently on Creek Trail Drive CPW envisioned for its land and lots which would be a natural extension of Creek Trail Drive. The land development was done in 3 phases leaving the above 17.82 acres as the last phase of the development. CMPS prepared a preliminary plat for the 17.82 acres for Cole County, which was prepared prior to the City of Annexation. CPW has been working with a potential buyer for all of the above-mentioned land for CPW's original land use commercial. During working with this client, CPW discovered that the zoning as a result of the City annexation was not the zoning that CPW intended as evidenced on the preliminary plat prepared by CMPS. CPW continues to believe that the subject land needs to be zoned C-2, as this is the highest and best use for the subject land. Therefore, CPW respectfully requests that the Planning& Zoning Board grant us this request to rezone the subject lands to C-2, general commercial use. Re/ ctfully submitted, Randall Z. Wri , ember, C.P.W. LLC 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: CVZoning Map Amendment (Rezoning of Real Estate) TThe undersigned hereby state they are the owners of the following described real estate (legal description must be printed below or attached as an exhibitL G Property Address: 2 Giw A 2-1 1 S Legal/Property Description: L--n+ 1 ei yN 4 3 U a Who petition to rezone the above described real estate from its present status of to L - "2L district. The purpo e of�s rezoning request is to ALL OWNERS OF REAL PROPERTY PROPOSED TO BE REZONED MUST SIGN THE APPLICATION,AND ALL SIGNATURE MUST BE NOTARIZED. IF ADDITIONAL SIGNATURES ARE NEEDED, P SE ATTACH EPARATE SHEETS. C ft(?4)L � r — X0 h*o I/ — - Property Owner#1 Name (4e orprint) Pro erty Owner ignature LJ Property Owner#2 Name (type or print) Property Owner Sig ature /`� Q Subscribed ands fore me this ! day of in the year 100 ANNE M STRATMAN Notary Public-Notary Seal State of Missouri ur�y M Commisslon Expires:August 27,2011 Notary Public Address of Property Owner#1: L l 3 I 4 `l fo I --r-6b-t 0 Address of Property Owner #2 _0 . (2>U t--)—. �� Qa-3 4� C�1. I ✓I-�Q� rr 2 Phone Number(s): Cc-ro 1 ' (0130 2 O Applicant Information (if different from property owner): Cie 0 ya Name: Address: Phone Number For City Use Only: Application Filing Fee $200 Payment Received: Cash (Indicate Receipt# ) Check(Copy; indicate check # ) Ot achnnents: Additional sheets or documentation Applicant/Project Information Sheet Location Map Page 1 OT—1 May 6,2002 Part of the West Half of the Northwest Quarter of Section 14, Township 44 North, Range • 12 West, Cole County, Missouri,more particularly described as follows: BEGINNING at the southwest corner of the West half of the Northwest Quarter of said Section 14, Township 44 North, Range 12 West; thence N05 044'39"W along the Section Line, 1128.67 feet to the southwesterly corner of CREEKSIDE PARK SECTION ONE as recorded in Plat Book 12, Page 169, Cole County Recorder's Office also being the southwesterly corner of A REPLAT OF LOTS 8-16 CREEKSIDE PARK SECTION ONE as recorded in Plat Book 12, Page 186, Cole County Recorder's Office; thence along the boundary of said CREEKSIDE PARK SECTION ONE and said A REPLAT OF LOTS 8-16 CREEKSIDE PARK SECTION ONE the following courses: on a curve to the right, having a radius of 460.00 feet, an arc distance of 217.58 feet, (Ch: S72007'1 9"E, 215.56 feet): thence S58'34'1 8"E, 18.03 feet to a point on the boundary of CREEKSIDE PARK SECTION TWO as recorded in Plat Book 12, Page 329, Cole County Recorder's Office; thence leaving the boundary of said CREEKSIDE PARK SECTION ONE and said A REPLAT OF LOTS 8-16 CREEKSIDE PARK SECTION ONE and along the boundary of said CREEKSIDE PARK SECTION TWO the following courses: S27°21'59"W, 7.41 feet;thence southerly on a curve to the left, having a radius of 670.00 feet, an arc distance of 67.28 feet, (Ch: S24°29'22"W, 67.25 feet); thence S51 050'33"E, 680.33 feet; thence S61 042'07"E, 171.23 feet; thence S81°25'16"E, 171.23 feet; thence N81°40'41"E, 77.32 feet to a point on the boundary of CREEKSIDE PARK SECTION THREE as recorded in Plat Book 12, Page 403, Cole County recorder's Office; thence leaving the boundary of said CREEKSIDE PARK SECTION TWO and • along the boundary of said CREEKSIDE PARK SECTION THREE S05°21'14"E, 407.58 feet to a point on the Section Line;thence leaving the boundary of said CREEKSIDE PARK SECTION THREE and along the Section Line S86°49'38"W, 1047.46 feet to the point of beginning. Containing 16.75 Acres. THIS DESCRIPTION IS FOR REZONING PURPOSES ONLY. • APPLICATION FOR AMENDMENTS TO THE COMPREHENSIVE PLAN Date Received: City of Jefferson -Planning Division Department of Community Development 320 East McCarty Street Jefferson City, Missouri 65101 Phone (573)634-6410 Fax (573) 634-6457 The undersigned hereby petitions the Planning and Zoning Commission and City Council of the City of Jefferson, Missouri,.for the following amendment(s) to the City's Comprehensive Plan or Development Plan Land Use Map. O Text Amendment P=Map Amendment -4wn RNS j�Q�� C��►')►1C��L Applications for Map amendments shall include a location map and level of detail required for site plan review as outlined in Exhibit 35-71. All applications shall attach a narrative which addresses the following criteria, as outlined in Section 35-74.A.4, Jefferson City Zoning Code. a. Whether there was error in the original Comprehensive Plan adoption in that the Planning and Zoning Commission failed to take into account then existing facts, projections or trends that were reasonably foreseeable to exist in the future. b. Whether events subsequent to the Comprehensive Plan adoption have invalidated the Commission's original premises and findings made upon plan adoption. C. Whether the change is consistent with the goals, objectives and policies of the Plan. d. Whether events subsequent to the Comprehensive Plan adoption have changed the character and/or condition of the area so as to make the application acceptable. e. Whether the change is needed to improve consistency between the Comprehensive Plan and other adopted plans. f. Whether public and community facilities,such as utilities,sanitary and storm sewers,water,police and fire protection, schools, parks and recreational facilities, roads, libraries, solid waste collection and disposal, and others are adequate to serve development for the type and scope suggested by the proposed zone. If utilities are not available, whether they can be extended reasonably. g. Whether there is an adequate supply of land available in the subject area and the surrounding community to accommodate the zoning and community needs. h. Whether there will benefits derived by the community or area by the proposed change. Amendment Requested by: Property Owner OStaff OPlanning and Zoning Commission l ,�, 1 e ( � C�,01_7 ZanrA Name (typed or printed) Signature Applicant Information: Property Owner Name C 2lc,�1lo. Vyl �►�O�V71� Address Phone Number(s): - - D Other Applicant Information- Name: l Address: �194T d Phone Number For City U� • Application Filing Fee $200 Application Filing Fee Received: Cash (indicate receipt# ) Check (copy; indicate check # ) ttachments: Narrative Map Applicant/Project Information Sheet Page 1 of 1 May 6,2002 • Creek Side Park Section 4 Comp Plan Amendment Narrative CMPS Job # 98-017 July 23, 2008 a. Whether there was error in the original Comprehensive Plan adoption in that the Planning and Zoning Commission failed to take into account then existing facts, projections or trends that were reasonably foreseeable to exist in the future. The original 1996 Comp Plan did not take into account the now existing development of Creek Trail Drive as a commercial light industrial development that has taken place recently prior to annexation.An extension of this use would be reasonable. b. Whether events subsequent to the Comprehensive Plan adoption have invalidated the Commission's original premises and findings made upon • plan adoption. This development is cause to reconsider the Comp Plan. C. Whether the change is consistent with the goals, objectives and policies of the Plan. The change would be consistent with continued compatible development. d. Whether events subsequent to the Comprehensive Plan adoption have changed the character and/or condition of the area so as to make the application acceptable. The character of the entire development has changed with subsequent events prior to annexation. e. Whether the change is needed to improve consistency between the Comprehensive Plan and other adopted plans. The overall connectivity plan for the existing and proposed street network would compliment the Comp Plan. • • £ Whether public and community facilities, such as utilities, sanitary and storm sewers, water, police and fire protection, schools, parks and recreational facilities, roads, libraries, solid waste collection and disposal, and others are adequate to serve development for the type and scope suggested by the proposed zone. If utilities are not available, whether they can be extended reasonably. All public utilities are available for extension to serve the area. g. Whether there is an adequate supply of land available in the subject area and the surrounding community to accommodate the zoning and community needs. Land is adequate for the proposed uses. h. Whether there will be benefits derived by the community or area by the proposed zone. The proposed development anticipates an extension of similar uses along Creek Trail Drive with the area behind the fronting lots, 941 • acres, being an office park type of development or something of a compatible nature. • CI zi U-1 ks-- °53; �Tv —wc lc :Z- I z:c 7.A 7 _SS 6 65 LO • � H„ c Y N Li f I b Is za.-;h,-, (ED CA! 7" ox 54 1 2- 1.iz Cf) m U 04 N 0 Go 4) �, ;t�� - \ !'6.A '�%. � � b/ \f � LCD �t =_ �° \lif7/' / i/�'/;R `\ a. \_` •\� �� K �,si ��j It N E 2: 0 0 Cl wk: IM G. IRS No E o •cruel- - - --- Ji - - --------------- -- -------- -- su PUD "2 . frra RD RS-2 — E� 2 q''tG2` ' A[IBS ° Bill 2008-66 a 3 LOT 17 TO BE REZONED FROM RA-1 TO GO /F o ck; 12. ( jl _ _..1i,, '`�;� �• o ` ®®$$s AREATO :REMAIN RA-1 a0 �4 LOT 30 TO BE REZONED l I FROM RA-1 TO GO `ul 61112008-67 it AREA TO BE REZONED 90 FROM RA-1 TO G1 RSA O Q.• W x - RS-1 RS - RS-1 C-mo Mwo h Rotess l Sencas 1 Lwtes xe for ma DuOoses°^M. 0 50 100 200 300 400 �� , „„1,c,,,�, ,. CPVV - CREEK TRAIL DRIVE F z Jelfvm�euy.uro esiai ;mr aye a�Cotumenl. 5" Council Bill No. 2008-66 2712 Portabello Place -Lot 17 2715 Portabello Place -Lot 30 A. Rezoning from RA-1 to C-0 B. Comprehensive Plan Amendment OF 1 <<A `fit u f 0' I \ 7q �� c John Landwehr City of Jefferson 1_ Mayor •Department of Community Development Patrick E.Sullivan, P.E.; Director 320 East McCarty Street Phone: (573) 634-6410 Jefferson City, Missouri 65101 J zs Fax: (573) 634-6457 August 28, 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, September 11, 2008 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. P08027 - 2712 and 2715 Portabello Place and Property in the 1400 Block of Creek Trail Drive; Rezoning and Comprehensive Plan Amendment. (Continued from August 14, 2008). Request filed by CPW LLC, property owner, Carol Prenger and Randall Wright, authorized representatives, to rezone approximately 17.93 acres from RA-1 High Density Residential to C-2 General Commercial and an associated amendment to the comprehensive plan. The property is located in the vicinity of the intersection of Creek Trail Drive and Portabello Place Drive. The property is described as Lots 17 and 30 of Creekside Park Section 2 and part of the West Half of the Northwest Quarter of Section 14, Township 44 North, Range 12 West, Jefferson City, 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 October 20, 2008. 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 ity of of le rs0n COMMUNITY DEVELOPMENT bi.ai'E irlg a b ttc r::or? r�t.irt iy° Jefferson City Planning& Zoning Commission Page 1 Property Owners List Case No. P08027 2712 &2715 Portabello Place Dr. &the 1400 Blk. of Creek Trail Dr. September 11, 2008 • Donna Anderson Jennie DeClue 2624 Portabello Place Drive 2526 Portabello Place Drive Jefferson City, MO 65109 Jefferson City,MO 65109 2624 Portabello Drive 2526 Portabello Place Drive Wanda Bowen Richard Donehue 2519 Portabello Place Drive 2524 Portabello Place Drive Jefferson City, MO 65109 Jefferson City, MO 65109 2519 Portabello Place Drive 2524 Portabello Place Drive Steve&Joyce Bremer Dyno Industries, LLC 336 Hunters Run Road 1522 Notting Hill Drive Jefferson City, MO 65109 Jefferson City, MO 65109 2606 Portabello Place Drive 2512 Portabello Place Drive CPW Craig Feather PO Box 1425 2720 Tanglewood Drive Jefferson City, MO 65102 Jefferson City,MO 65109 Creek Trail Drive(Subject Property) 2628 Portabello Place Drive 2712 Portabello Place Dr. (Subject Property) 2702 Portabello Place Drive 2715 Portabello Place Dr. (Subject Property) 2705 Portabello Place Drive 1602 Notting Hill Drive 2631 Portabello Place Drive 1610 Notting Hill Drive 2623 Portabello Place Drive • 1626 Notting Hill Drive 2613 Portabello Place Drive 1625 Notting Hill Drive 1617 Notting Hill Drive Donny Hamilton Jr 1609 Notting Hill Drive 2622 Portabello Place Drive 1601 Notting Hill Drive Jefferson City,MO 65109 1410 Notting Hill Drive 2622 Portabello Place Drive 1418 Notting Hill Drive Heimericks Farm, LP City of Jefferson 4114 Rt U 320 E. McCarty Street Russellville,MO 65074 Jefferson City, MO 65101 Frog Hollow Road(Off of) Frog Hollow Road 2653 Frog Hollow Road Frog Hollow Road Paul & Betty Cooper 2517 Portabello Place Drive Ralph Heimericks Jefferson City, MO 65109 4029 Vintage Lane 2517 Portabello Place Drive Jefferson City, MO 65109 2653 Frog Hollow Road Creekside Warehouse, LLC 2421 W. Edgewood Drive James&Marilyn Hoffman Jefferson City, MO 65109 2916 Rt J 1412 Creek Trail Drive Jefferson City, MO 65101 1426 Creek Trail Drive • Jefferson City Planning&Zoning Commission Page 2 Property Owners List Case No.P08027 2712 & 2715 Portabello Place Dr. &the 1400 Blk. of Creek Trail Dr. September 11,2008 • Jerry Holsman River City Habitat for Humanity 2603 Cedarwood Court 1420 Creek Trail Drive Jefferson City, MO 65109 Jefferson City, MO 65109 2603 Cedarwood Court 1420 Creek Trail Drive Jonathan&Rebecca Imhoff Atul Sharma 2604 Cedarwood Court 2510 Portabello Place Drive Jefferson City, MO 65109 Jefferson City,MO 65109 2604 Cedarwood Court 2510 Portabello Place Drive Robert&Beverly Lale Neal &Mary Kay Stronge PO Box 105023 281 Geremma Drive Jefferson City,MO 65110 Ballwin, MO 63021 2601 Portabello Place Drive 2515 Portabello Place Drive Eileen Lampe Sharon Sullivan 2620 Portabello Place Drive 1620 Notting Hill Drive Jefferson City, MO 65109 Jefferson City,MO 65109 2620 Portabello Place Drive 1620 Notting Hill Drive Major Interiors, LLC Wayne&Brenda Weider 712 Heisinger Road 2528 Portabello Place Drive#A Jefferson City, MO 65109 Jefferson City, MO 65109 • 2523 Portabello Place Drive 2528 Portabello Place Drive Amos-Bemboom Properties Woods Condominium Association 2704 Cedarwood Court 2620 Portabello Place Drive Jefferson City, MO 65109 Jefferson City,MO 65109 2646 Frog Hollow Road 2620 Portabello Place Drive Mary Morrow The Woods 2 Condominium Association 2626 Portabello Place Drive 2515 Portabello Place Drive Jefferson City, MO 65109 Jefferson City, MO 65109 2626 Portabello Place Drive 2514 Portabello Place Drive Portabello 22 Condominiums Association 2509 Portabello Place Condo Association 2528 Portabello Place Drive 2517 Portabello Place Drive Jefferson City,MO 65109 Jefferson City, MO 65109 2528 Portabello Place Drive 2515 Portabello Place Drive Tom& Carol Prenger 4937 County Road 480 Tebbetts, MO 65080 1620 Notting Hill Drive 1622 Notting Hill Drive 1426 Notting Hill Drive 2514 Portabello Place Drive • PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION September 11,2008 (Continued from August 14,2008) • Case No. P08027 — 2712 and 2715 Portabello Place and Property in the 1400 Block of Creek Trail Drive; Rezoning and Comprehensive Plan Amendment. Request filed by CPW LLC, property owner, Carol Prenger and Randall Wright, authorized representatives, to rezone approximately 17.93 acres from RA-1 High Density Residential to C-2 General Commercial and an associated amendment to the comprehensive plan. The property is located in the vicinity of the intersection of Creek Trail Drive and Portabello Place Drive. The property is described as lots 17 and 30 of Creekside Park Section 2 and part of the West Half of the Northwest Quarter of Section 14, Township 44 North, Range 12 West,Jefferson City, Cole County, Missouri. Nature of Request This rezoning request is for three separate property parcels, Lot 17 of Creekside Park Section 2, Lot 30 of Creekside Park Section 2, and a third tract of land that has never been subdivided. The purpose of the rezoning request is to allow for commercial development of the property. No development plans for the property have been submitted. Zoning History This property is contained within the Highway 179 Annexation Area that was approved by voters on April 4, 2006, and took effect November 1, 2006. The plan of intent for the annexed area established a zoning of RA-1 for this property. Subdivision History Prior to annexation, a preliminary plat for a portion of this property was developed and submitted to Cole County. This road network proposed on this preliminary plat shows an extension of Creek Trail Drive to the southern property boundary and a cul-de-sac serving the rest of the property. Subdivision Covenants Subdivision covenants have been recorded for Creekside Park Section 2. These covenants specifically identify that Lots 17 and 30 "may be used for limited commercial purposes including offices of physicians, architects, engineers, lawyers, real estate brokerage and other low intensity office uses; but, specifically not including any retail uses." The rest of the lots contained within Creekside Park Section 2 are restricted to residential development. Zoning and Surrounding Land Use Current Zoning: RA-1 High Density Residential Current Use: Vacant Requested Zoning: C-2 General Commercial Intended Use: Commercial Surrounding Zoning Surrounding Uses North RA-1 /C-2 Undeveloped/Multi-Family Residential/Commercial South C-2 Vacant East RA-1 Undeveloped/Multi-Family Residential West RU/RS-1 Vacant Land/Single Family Residential Allowed Uses: The C-2 General Commercial zoning district allows for a variety of land uses including general retail, offices, hotels, sit-down or drive through restaurants, banks, automobile sales, automobile repair, contractor and trade shops, and gas stations. Staff Analysis Standard Checklist for rezoning: Yes No Notes: Complies with Comprehensive Plan X The annexation plan of intent identified this area as suitable for multi-family residential development. A commercial zoning is not supported by the development plan map of the com rehensive plan. Has access to necessary utilities X Has adequate sewer access, other utilities could be reasonably extended. Located outside flood zone X Portions are located within the 100 year flood zone. Planning and Zoning Commission September 11, 2008 Case No. P08027 Page 2 • Meets minimum district size requirement X The property exceeds the one acre minimum size requirement for a C-2 district. Does not receive primary access from local street X Has access to Creek Trail Drive, a local commercial abutting residential district street. Benefit to City is substantial when compared to X There is a surplus of undeveloped commercial adverse affects on adjacent property property in the area while this property is immediately adjacent to existing residential development. The rezoning would not be a grant of privilege to X With the exception of that portion of the property the owner with little or no benefit to the public that is adjacent to Creek Trail Drive, the property does not have immediate road access and could not be commercially developed without significant infrastructure improvements and no development an for the property has been submitted. After rezoning, the allowed uses would be X Much of the adjacent property is zoned for compatible with uses allowed in adjacent districts residential use. After rezoning, the allowed uses would be X While much of the adjacent property is currently compatible with adjacent existing land uses undeveloped and a portion of the property borders existing commercial developments,there are a number of existing multi-family residential uses If not rezoned, the owner would be deprived of use X With the exception of the existing commercial advantages enjoyed by surrounding owners developments along Creek Trail Drive, the (reverse spot zoning) predominant land use in the area is Multi-Family Residential. The requested rezoning would be an expansion of X There is no C-O zoning adjacent to this property, an existing district however,the property across Adams Street is zoned C-3 and some C-I zoning exists within 100 feet of the property. Staff Recommendation: Lots 17 and 30 Staff supports the rezoning of Lots 17 and 30 of Creekside Park Subdivision Section One to a C-O Office Commercial designation and the designation of these two lots as commercial on the development plan map of the Comprehensive plan. The commercial utilization of these two lots is indicated within the subdivision covenants that have been filed for the property and an office use of the property would be a logical transition from the higher intensity commercial uses located along Creek Trail Drive and the residential uses located along Portabello Place Drive. Remaining Tract of Land In the absence of an established future street plan for the area, it is difficult to establish a future land use plan and difficult to justify a modification of the existing zoning for the area. The Missouri Department of Transportation, in conjunction with the City of Jefferson and Cole County, are currently in the process of planning for a new highway interchange along Highway 179 that would serve the future St. Mary's hospital. A necessary component of these plans would be a network of future roadways showing how this new interchange would connect to the existing road network in the area. While a conceptual version of the future roadway plan has been prepared, no future roadway plan has been completed. Future connections to Creek Trail Drive, Frog Hollow Road, and other existing roadways in the area would be an important component of a future roadway plan. While most of the development along Creek Trail Drive is of a commercial nature and continued Oommercial development along a future extension of Creek Trail Drive would seem to be a logical extension of the existing development within the area, staff does not support a blanket rezoning or comprehensive plan amendment for the un-subdivided portion of the property. PLANNING & ZONING COMMISSION CORRESPONDENCE RECEIVED Case No. P08027 2712 and 2715 Portabello Place and the 1400 Block of Creek Trail Drive September 11, 2008 Sender Senders How Date Address Received Received Donna Stone Anderson 2624 Portabello Place Fax 9/912008 Wayne & Brenda Weider 2528 Portabello Place Drive#A Hand delivered 9/9/2008 • • Jep. Y. ZUUo Y: I IAIVI u r No. Z643 r. I Donna Stone Anderson 2624 Porlabello Place Jelfarson City.MO 65109 573-645-071D September 9, 2006 Dept. of Community Development Planning Division Dear Eric Barron, This letter is to let you know I cannot attend the)eFFerson City Planning and Zoning • Commission meeting at 5;15 p. m. on Thursday September 11, 2008. Therefore, I am Faxing my written comments For the record. As a property owner, I am very apposed to the rezoning of this parcel of land from RA-1 High Density Residential to C-2 Commercial. My home on Portabello Is a major i Investment for me, like most of us in the area. we value our property and the quiet area we live in. To rezone this parcel would open our neighborhood up to traffic, I noise, parking lots, and lights. In addition, possibly lower the value of our homes, Thanks for your attention to this matter. Warmest Regards, Donna Stone Anderson I • • September 8, 2008 Jefferson City Planning and Zoning Commission Commission Chairman Commission Members Department of Community Development 320 East McCarty Street Jefferson City, MO 65101 Reference: Case Number PO8027 Dear Commissioners: We chose to invest in what hopefully would be our last personal residential home purchase in an area promoting expansion with more condominiums like ours. We are of the opinion that if the rezoning request is accepted and the area around our home is filled with businesses • allowed under a C-2 General Commercial zoning, there will be a definite devaluation of our home along with a decline of the area's peaceful atmosphere. By zoning this property C-2 General Commercial it will be open to all types of businesses that are not conducive to a peaceful residential area. As homeowners we do not want a constant smoke-filled area around our home from one or more restaurants. The noise and potential problems associated with a bar serving alcoholic beverages with outside entertainment echoing through the valleys bothers us as well. We are not anti-business by any means, but do believe that areas immediately adjoining residential properties should be free of businesses that interfere with the needs and investments of homeowners. On the other hand, small office buildings housing doctors' offices, limited retail establishments and other businesses that are governed by operational time constraints can be a plus for residential areas, especially when used as a buffer. With all due respect to the parties involved, we as affected homeowners ask that the request for rezoning, as stated in Case Number PO8027, be rejected by this commission. Sincerely, Wayne E. Weider Brenda K. Weider • PLANNING & ZONING COMMISSION • CORRESPONDENCE RECEIVED Case No. P08027 2712 and 2715 Portabello Place and the 1400 Block of Creek Trail Drive August 14, 2008 Sender Senders How Date Address Received Received Bett y Cooper 2517 Portabello Place Email 8/15/2008 Donny Hamilton 2622 Portabello Place Email 8/14/2008 Paul Coo er 2517 Portabello Place Mail 8/8/2008 Jennie DeClue 2526 Portabello Place Mail 8/6/2008 • I Stratman, Anne From: McMillan, Janice Sent: Friday, August 15, 2008 11:34 AM To: Councilwoman Carroll; bettyfcooper @gmail.com Cc: Councilman Layton Subject: RE: Web site message from:Betty for Carrie Carroll At the Planning & Zoning Commission meeting last night, the applicant requesting rezoning of the land in the vicinity of Creek Trail Drive (Case P08027) requested that the matter be continued to the next Planning & Zoning meeting (September) . Unfortunately, the applicant made this request at the meeting and we didn't have the ability to notify the neighborhood of this until they arrived at the meeting. We did receive Ms Cooper's email and Mr Cooper's letter. All correspondence was . distributed to the P&Z but the hearing was rescheduled to September it and so no testimony was heard on this case last night. We will re-notify the neighborhood and re-post the signs with the new dates prior to the September 11 P&Z meeting. It is important from a due-process point of view to hold the hearing so that all of the evidence and testimony is presented in one setting, if possible, so that is why the case was not talked about last night, even though many from the neighborhood were there. It will all be discussed at the next P&Z meeting, and the neighbors who wish to speak will be given the opportunity to do so. Ms. Cooper referenced the Council' in her email, but the meeting she attended last evening was the Planning and Zoning Commission. The Planning and Zoning Commission's responsibility under state statute and city ordinance is to review the application for rezoning and make recommendations to the City Council. The City Council's hearing on this matter will be scheduled after the Planning and Zoning Commission makes their recommendation, so that, too will be delayed because of the applicant's request to continue the application to the September meeting of P&Z. If the P&Z completes their deliberations on this case on September 11, then the matter would be referred to the Council in October. Ms. Cooper does not have to resubmit her letter, as this will be included in the Commission's September packet. After the Commission completes its work, the complete hearing record will be transmitted to the Mayor and City Council, including the Cooper correspondence, all other correspondence received, and the meeting minutes, which includes the names of persons who provided oral testimony. I apologize to those who took time to attend the meeting and were, unfortunately, unable to give testimony, but hope they will able to attend the meeting in September. If not, I encourage them to send comments by email or letter. Janice McMillan, AICP Deputy Director for Planning & Transportation Services Department of Community Development/City of Jefferson 320 East McCarty Street, Room 120 Jefferson City, MO 65101 573 .634.6410 jmcmillan @jeffcitymo.org -----Original Message----- From: Carrie Carroll [mail to:carrieocarroll @ gmail.com] Sent: Friday, August 15, 2008 10:53 AM To: bettyfcooper @gmail.com Cc: Councilman Layton; McMillan, Janice Subject: FW: Web site message from:Betty for Carrie Carroll • Betty, 1 I am heading out to city hall for meetings today at 11:00 and noon but got your e-mail as I am leaving and want to let you know that I will look into this. • I was not aware of the incident and I am copying Janice to see if she can give us an update also and I am copying Cindy from 4th ward. I will e-mail back soon and will check on this. Thank you! Carrie Carrie Carroll 4th Ward City Council E-mail carrieocarroll @gmail.com Website www.CarrieCarroll.com Home 573-635-6416 Cell 573-230-7645 Carrie's Hallmark Shop 117 East High Street Jefferson City, MO 65101 Phone 573-635-2712 E-mail ir-059868-1 @hallmarkstore.com -----Original Message----- From: postmaster @jeffcitymo.org [mailto:postmaster @jeffcitymo.org] Sent: Friday, August 15, 2008 10:44 AM To: ccarroll @jeffcitymo.org Subject: Web site message from:Betty for Carrie Carroll • We were sent a letter from Eric Barron, dated July 31, 2008 about a rezoning--Case No. PO8027. The hearing was scheduled for August 14, 2008. Without any further notice, all of the property owners, but two in this "rezoning area" arrived at John G. Christy Municipal Building before 5:15pm. At 5:25pm we were told that Case No. P08027 was postponed. All attending are in opposition to this change. On August 6, I sent a an electronic letter to Eric Barron. I'll be happy to send to you the letter; I understood that our letters would be distributed to council members. Home owners affected regarding this change needed to be contacted about this change prior to Aug. 14; some of us took. off work thinking this was an important matter for our family. Betty Cooper 2517 Portabello Place Dr. Jefferson City MO 65109 893-2185 bettyfcooper @gmail.com • 2 Stratman, Anne From: McMillan, Janice • Sent: Thursday, August 14, 2008 1:15 PM To: Councilman Layton; Lansford, Charles Cc: Councilwoman Carroll; Stratman, Anne Subject: RE: Web site message from:for Cindy Layton There is a rezoning application in the vicinity of this neighborhood on the agenda for tonight's P&Z meeting. I have talked with Donny Hamilton about it this week; he is our representative from Federal Highways Administration to CAMPO. Charlie can comment on the weed issue. I'll copy my administrative assistant so that she may make copies for tonight's Planning and Zoning Commission meeting. --Janice -----Original Message----- From: James and Cynthia Layton tmai_lto:rose_ree_soem_b_arc[nail.com] Sent: Thursday, August 14, 2008 11:47 AM To: Lansford, Charles; McMillan, Janice Cc: Councilwoman Carroll Subject: Fwd: Web site message from: for Cindy Layton Charlie and Janice: I know last summer we had some problems with tall grass and weeds in this neighborhood. What's going on now? And is the rezoning before P&Z tomorrow? Cindy ----- Forwarded Message ----- From: postmasterWjeffcitymo.org To: clayton @jeffcitymo.org Sent: Wednesday, August 13, 2008 5:41:47 PM (GMT-0600) America/Chicago Subject: Web site message from: for Cindy Layton • Mrs. Layton: Good evening. I hope all is going well with you. I am writing you this evening because I need your assistance and/or influence to help my neighborhood association get some grass mowed. Across from our condominiums is vacant property which has been unkept for several months. I am aware that the city has a code of 11 or 12 inches on weeds. Well this grass is close to 24-36 inches. It is embarrassing. I almost don't want to invite company over. Moreover, association members, as well as myself, have complained to the responsible party in the Code Enforcement area of the city and nothing has been done. I have personally gone to speak with the guy over codes three times, only to receive broken promises. Additionally, can you update me as to what the council wants to do with the property off of Creek Trail? I see it is proposed to be re-zoned to C-2. The business along Creek Trail Drive don't appear to be doing that well, why would you won't to put more lame duck business along the corridor. Not to mention our concern for quality of life. We enjoy the woods and vistas, not to mention the deer and families of turkeys whose habitat will be destroyed. We are very unhappy about this in the neighborhood. It is ashamed that we have no facilities or activities for children in the city, yet we can throw developments up everywhere and rape the principles of zoning. Furthermore, all the money being spent on asphalt to repave stadium Blvd. could have been used to create a recreational facilities for the youth. If the council never looks to accommodate the needs of teens in Jeff City, I feel sorry for the tradition of the city. For I am sure it will spur unnecessary violence and recklessness among youth, because they have absolutely nothing to occupy their time. But I guess they can go to Columbia huh. . .sure, give our taxes to a metropolitan area that is already doing well. Instead of a Lowe's or Menard's (which I personally think we don't need) , how about a skating rink, fun center, or Dave and Busters. Anyway, any assistance you can offer will be appreciated. Have a blessed day! • Hamilton Portabello Place I August 6, 2008 • Eric Barron Dept. of Community Development/Planning Division 320 E. McCarty Street Jefferson City, MO 65101 I am opposed to the Rezoning and Comprehensive Plan Amendment--Case No. P08027. In 2005 I purchased my Condo because of the environment and the multi-housing design created for this area. This has been and is an enjoyable neighborhood. I don't want it changed. On Creek Trail Drive there are many commercial buildings. This commercial area often creates a congested traffic situation. I see no reason to create more problems. As you are aware, should the zoning change from RA-1 Residential to C-2 General Commercial, property values decrease and can also become difficult to ru� resell should a need arise. Who is being served with this plan? Is it one or two business men versus 25 to 30 property owners? I would hope that the Department of Community Development would consider the needs of residents. As one change is made,many areas are affected. I firmly say NO to the rezoning of Portabello Place Drive. Sincerely, �► , ,, Paul Cooper 2517 Portabello Place Drive CEI�ED AUG 8 2�pg CoM DEF A M�NITy DE ElopMfNr C � z (� ` G 7f i� City of Jefferson City Council October 6, 2008 Bill No. 2008-66 2712 & 2715 Portabello Place Drive A. Rezoning from RA-1 to C-O B. Comprehensive Plan Amendment • • i G2 L PUD r 1� C=2`� � �r� RD` �a 2- , r' RS-2 °� w a e p ) LOT 17 TO BE REZONED f o f f o v o FROM RA-1 TO C-0 f o 0'QF Bill 20®x-66 _ (AREATO :REMAIN RA-1 [LOT 30 TO SE REZONED I FROM RA-1 TO C O _x C-2 Bill 2006-67 . AREA TO BE REZONED �O Q FROM RA-1 TO G1 i . RQ Rs RS-1 — — ^ C -2 ! RSA ^ eano-m Alasoun Pr0*ssc 'Serveas p lines-e f-M.P-W--tv. 0 50 100 200 300 400 �� s no, �� CIPVU- CREEK TRAIL ®RIVE Feel z ,klnasm Coy.Il0 es toi e�wcumem. Council Bill No. 2008-66 2712 Portabello Place -Lot 17 2715 Portabello Place-Lot 30 A. Rezoning from RA-1 to C-0 B. Comprehensive Plan Amendment