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Home My Public Portal AboutORD14416 BILL NO. 2008-68 • SPONSORED BY Councilman Klindt ORDINANCE NO. I Tt" I le 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 3.53 ACRES FROM PUD PLANNED UNIT DEVELOPMENT AND RS-2 LOW DENSITY RESIDENTIAL TO C-O OFFICE COMMERCIAL, FOR LAND ADDRESSED AS 907 WILDWOOD DRIVE, DESCRIBED AS TRACT 3 OF MOSERS SUBDIVISION AND PART OF LOT 31 OF THE DIAMONDS SUBDIVISION SECTION ONE, 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 PUD Planned Unit Development to C-O Office Commercial: Tract 3 of MOSERS Subdivision in the City of Jefferson, Missouri, per plat of record in Plat Book 11, Page 829 of the Cole County Records,containing approximately 3.47 acres; Section 2. The following described real estate is rezoned from RS-2 Low Density Residential to C-O Office Commercial: Part of Lot No. 31, the Diamonds Subdivision, Section One in the City of Jefferson, Missouri, per plat of record in Plat Book 11, Page 856, Cole County Recorder's Office, more particularly described as follows: From the southeast corner of Tract 3 of MOSERS Subdivision, • per plat of record in Plat Book 11, Page 829, Cole County Recorder's Office; thence South 84 Degrees 14 Minutes 12 Seconds West along the southerly line of said Tract 3 of MOSERS Subdivision, 32.85 feet to the POINT OF BEGINNING; thence South 29 Degrees 22 Minutes 23 Seconds West, 48.92 feet to the northerly right-of-way line of Diamond Ridge, thence northwesterly along the northerly right-of-way line of Diamond Ridge,on a curve to the left having a radius of 350.36 feet, an arc length of 169.07 feet (the chord of said curve being North 81 Degrees 56 Minutes 22 Seconds West, 167.43 feet)to the aforesaid southerly line of Tract 3 of MOSERS Subdivision;thence North 84 Degrees 14 Minutes 12 Seconds East along the southerly line of said Tract 3 of MOSERS Subdivision, 190.74 feet to the POINT OF BEGINNING; containing 0.06 acre, more or less. Section 3. This ordinance shall be in full force and effect from and after its passage and approval. Passed: � r7 Approved: �� 26e8 Presidi g fficer M r ST: AP VE S TO FORM: ity Cler City ounselor • -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 New Business—Public Hearings Case No. P08030 — 907 Wildwood Drive; Rezoning. Request filed by Missouri State Employees Retirement System, property owner, Gary Findlay, authorized representative, to rezone approximately 3.53 acres from PUD Planned Unit Development and RS-2 Low Density Residential to C-O Office Commercial. Mr. Bruce Dawson, Engineering Surveys and Services, 802 El Dorado Drive, spoke regarding this request. Mr. Dawson explained that the applicant is requesting to rezone the PUD and RS-2 portions of their property to C-O in order to unify the zoning for a possible building expansion. 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 Missouri State Employees Retirement System (Moseys) owns a separate lot currently zoned C-O which lies immediately north of the PUD zoned portion of their property. He reiterated that the property owner is requesting a rezoning of the PUD and RS-2 zoned portion of their property to C-O Office Commercial in order to unify the zoning of the property and to unify the planning requirements for any future additions or modifications to the subject property. Mr. Nunn moved and Mr. George seconded to recommend approval to rezone 907 Wildwood Drive from RS-2 Low Density Residential to C-O Office Commercial, to the City Council. The motion passed 9-0 with the following votes: Aye: George, Hagan, Hoskins, Jordan, Lake, Mihalevich, Nunn, Robinett, Yarnell City of Jefferson Planning & Zoning Commission LOCATION U EM, 3 NN At I Is � �� _ � '� .��€ � � �� iii � � L-;_� � � "•-�`fi x � �c� � "�� S e 't vx � . • ,r�'�` ° x � "��.�_ ` �� k �� a z'��`� �' r"��c .ate °�° N 220 110 0 220 Feet E S • Council Bill No. 2008-68 907 Wildwood Drive Rezoning from RS-2 to C-O PP ATION FOR ZONING ORDINANCE AMENDMENT pt.pf Date Received: City of Jefferson -Planning Division �ICa�l�ntfNlipip 7,.Z011 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: ❑ Zoning Text Amendment (Describe below or attach complete narrative) Article and Section Affected (if applicable) Description of proposed text amendment: X Zoning Map Amendment(Rezoning of Real Estate) The undersigned hereby state they are the owners of the following described real estate: Property Address: 907 Wildwood Drive, Jefferson City, Missouri 65109 Legal/Property Description (write out or attach as an exhibit): See attachment Who petition to rezone the above described real estate from its present classification of PUD & RS-2 district to C-0 district. The purpose of this rezoning request is to: See attachment ALL OWNERS OF REAL PROPERTY PROPOSED TO BE REZONED MUST SIG HE APP TION,AND ALL SIGNATURE MUST BE NOTARIZED. IF ADDITIONAL SIGNATURES ARE NEEDED, PLEA TTAC S ARA, HEETS. Gary Findlay, Executive Director Property Owner#1 Name (type or print) PiSperty O r Signat 7' Property Owner#2 Name t pe or print) Property Owner Signature �... ....�s.,s._.ca. • w ',ISubsccib'ed and.svKo3•g�efore a this �J day of in the ye r Q U . State of Missouri,Callaway County Commission#r 07021389 J 0-6 MY Cofmfnir s"sob"No 07"3011 No Public Address of Property Owner#1: Missouri State Employees Retirement System 907 Wildwood Drive, Jefferson City, Missouri 65109 Address of Property Owner#2 Phone Number(s): 573-632-6100 Applicant Information (if different from property owner): Name: Address: Phone Number For City Use Only: Application Filing Fee$200 Payment Received: Cash (Receipt# ) Check(Copy; check# ) Attachments: Additional sheets or documentation Applicant/Project Information Sheet Location Map Page 1 of 1 May 6,2002 ATTACHMENT TO REZONING PETITION • The Missouri State Employees Retirement System, Mr. Gary Findlay, Executive Director, hereby petitions to rezone the following real properties as described below: TRACT 3 OF MOSERS SUBDIVISION IN THE CITY OF JEFFERSON, MISSOURI, PER PLAT OF RECORD IN PLATE BOOK 11, PAGE 829 OF THE COLE COUNTY RECORDS. This tract is currently zoned PUD, the applicant petitions to rezone the property C-0. Also, PART OF LOT NO. 31, THE DIAMONDS SUBDIVISION, SECTION ONE, IN THE CITY OF JEFFERSON, MISSOURI, PER PLAT OF RECORD IN PLAT BOOK 11, PAGE 856, COLE COUNTY RECORDER'S OFFICE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE SOUTHEAST CORNER OF TRACT 3 OF MOSERS SUBDIVISION, PER PLAT OF RECORD IN PLAT BOOK 11, PAGE 829, COLE COUNTY RECORDER'S OFFICE; THENCE SOUTH 84 DEGREES 14 MINUTES 12 SECONDS WEST ALONG THE SOUTHERLY LINE OF SAID TRACT 3 OF MOSERS SUBDIVISION, 32.85 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 29 DEGREES 22 MINUTES 23 SECONDS WEST, 48.92 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF DIAMOND RIDGE, THENCE • NORTHWESTERLY ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF DIAMOND RIDGE, ON A CURVE TO THE LEFT HAVING A RADIUS OF 350.36 FEET, AN ARC LENGTH OF 169.07 FEET (THE CHORD OF SAID CURVE BEING NORTH 81 DEGREES 56 MINUTES 22 SECONDS WEST, 167.43 FEET) TO THE AFORESAID SOUTHERLY LINE OF TRACT 3 OF MOSERS SUBDIVISION; THENCE NORTH 84 DEGREES 14 MINUTES 12 SECONDS EAST ALONG THE SOUTHERLY LINE OF SAID TRACT 3 OF MOSERS SUBDIVISION, 190.74 FEET TO THE POINT OF BEGINNING. This tract is currently zoned RS-2, the applicant petitions to rezone the property to C-0. The purpose of this rezoning request is to unify the zoning of the applicant's property at 907 Wildwood Drive, for the purposes of unifying the planning requirements for any future additions or modifications to the subject property. `. Prepared August 14, 2008, by Engineering Surveys and Services, 802 El Dorado Drive, Jefferson City, Missouri, on behalf of the Missouri State Employees Retirement System. • OF PH f py r I 1 \\ City of Jefferson W I g John Landwehr _ m 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 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. P08030 — 907 Wildwood Drive; Rezoning. Request filed by Missouri State Employees Retirement System, property owner, Gary Findlay, authorized representative, to rezone approximately 6.26 acres from PUD Planned Unit Development and RS-2 Low Density Residential to C-O Office Commercial. The property is located on the northeast corner of the intersection of Wildwood Drive and Diamond Ridge. The property is described as Tract 3 of Mosers Subdivision and part of Lot 31 of the Diamonds Subdivision, Section One, Jefferson City, Cole County, Missouri. (Engineering Surveys and 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 City of .o 1111 111 �.�, of erson � {r� COMMUNITY DEVELOPMENT I "building a better community" Jefferson City Planning&Zoning Commission Property Owners List Case No. P08030 907 Wildwood Drive September 11,2008 • BKR Investments Inc John Schaefer,Jr 1618 Paddlewheel Circle 907 Diamond Ridge Jefferson City, MO 65109 Jefferson City,MO 65109 3410 Shermans Hollow 907 Diamond Ridge Carrie& Timothy Carroll Gary&Linda Schroer 916 Topaz Court PO Box 6663 Jefferson City, MO 65109 Jefferson City,MO 65102 916 Topaz Court 911 Diamond Ridge Dewey&Marilyn Degenhardt Ronald Thill 910 Diamond Ridge 902 Diamond Ridge Jefferson City, MO 65109 Jefferson City,MO 65109 910 Diamond Ridge 902 Diamond Ridge Diamond 4-G Ranch Inc Denise Turner 20664 Highway H 906 Diamond Ridge Lincoln, MO 65338 Jefferson City, MO 65109 912 Wildwood Drive 906 Diamond Ridge Garnett Place,LLC PO Box 241 Jefferson City, MO 65102 Wildwood Drive(Off Of) • Richard Howerton Properties, LLC PO Box 574 Jefferson City, MO 65102 920 Wildwood Drive I Maple Leaf Properties, LLC PO Box 813 Jefferson City, MO 65102 919 Wildwood Drive I Thomas &Tammy Meyer 903 Diamond Ridge Jefferson City,MO 65109 903 Diamond Ridge Missouri State Employees Retirment System PO Box 205 Jefferson City,MO 65102 907 Wildwood Drive(Subject Property) Suresh&Gita Patel 912 Topaz Court Jefferson City,MO 65109 • 912 Topaz Court PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION September 11,2008 • Case No. P08030—907 Wildwood Drive; Rezoning. Request filed by Missouri State Employees Retirement System, property owner, Gary Findlay, authorized representative, to rezone approximately 6.26 acres from PUD Planned Unit Development and RS-2 Low Density Residential to C-O Office Commercial. The property is located on the northeast corner of the intersection of Wildwood Drive and Diamond Ridge. The property is described as Tract 3 of Mosers Subdivision and part of Lot 31 of the Diamonds Subdivision, Section One, Jefferson City, Cole County, Missouri. (Engineering Surveys and Services,Consultant) Nature of Request This rezoning request is for a tract of land that is currently owned by the Missouri State Employees Retirement System (MOSERS). The property consists of Tract 3 of Mosers Subdivision (currently zoned PUD) and part of Lot 31 of the Diamonds Subdivision(currently zoned RS-2). Mosers owns a separate lot which is not included in this request (lot 143 of the Diamonds Subdivision) which is currently zoned C-O and lies immediately north of the PUD zoned portion of their property. The property owner is requesting a rezoning of the PUD and RS-2 zoned portion of their property to C-O Office Commercial in order to unify the zoning of the property and to unify the planning requirements for any future additions or modifications to the subject property. Zoning History This property is contained within a very large tract of land that was originally acquired by MOSERS around the time of the construction of West Edgewood Drive. At that time, the entirety of the property was zoned PUD Planned Unit Development. As development plans emerged for this portion of the city the land was gradually sold off by MOSERS and rezoned to a variety of commercial and residential zoning districts, however, the portion of the property that MOSERS retained and built their office building on remained zoned PUD Planned Unit Development. MOSERS later acquired a small portion of the neighboring residential lot(lot 31, consisting • of approximately 0.06 acres)which separated their property from Diamond Ridge and is currently zoned RS-2. Zoning and Surrounding Land Use Current Zoning: PUD/RS-2 Current Use: Office Requested Zoning: C-O Office Commercial Intended Use: Office Surrounding Zoning Surrounding Uses North C-O Parking Lot and Undeveloped Land South C-O Office East RS-2 Single Family Residential West PUD Office Allowed Uses The C-O Commercial Office zoning district allows for a variety of land uses including day care centers, nursing homes, drive-through restaurants, banks, and substance abuse treatment centers. Planning and Zoning Commission September 11, 2008 Case No. P08030 Page 2 4 Staff Analysis Standard checklist for rezoning: Yes No Notes: Complies with Comprehensive Plan X The comprehensive plan identifies this area as suitable for commercial development Has access to necessary utilities X The existing building is currently served by all necessary utilities. Located outside flood zone X The property is not within the 100 year flood zone. Meets minimum district size requirement X There is no minimum size for C-O zoning district Does not receive primary access from local street X Primary access is off of Wildwood Drive, a minor -abutting residential district arterial roadway Benefit to City is substantial when compared to X The city would benefit from the increased adverse affects on adjacent property commercial utilization of the property. The rezoning would not be a grant of privilege to X The public would benefit from the increased the owner with little or no benefit to the public commercial utilization of the property. After rezoning, the allowed uses would be X Several adjacent and nearby properties are currently -compatible with uses allowed in adjacent districts zoned C-O After rezoning, the allowed uses would be X Several adjacent and nearby properties are currently compatible with adjacent existing land uses developed with office uses. If not rezoned, the owner would be deprived of use X Many of the adjacent and nearby properties in the advantages enjoyed by surrounding owners area are currently zoned C-O. (reverses of zonin ) • The requested rezoning would be an expansion of X The adjacent property to the north and the south is an existing district I currently zoned C-O Approve Deny Neutral Staff Recommendation X Staff Recommendation The property is located on a minor arterial street and is currently developed in a commercial office manner. Several adjacent and nearby properties are currently zoned C-O and are not subject to the more stringent review requirements associated with the PUD zoning district. Being located on an arterial street and bordered by existing office uses on two sides, the property lends itself well to a C-O zoning designation. Staff recommends approval of the rezoning request. •