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HomeMy Public PortalAboutORD14307 BILL NO. 2007-134 ISSPONSORED BY Councilman//K//lindt and Harvey ORDINANCE NO. J4 3-OZ 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 2.01 ACRES FROM RU RURAL USE TO RS-1 LOW DENSITY RESIDENTIAL, THE PROPERTY ADDRESSED AS 3126 ALGOA ROAD; DESCRIBED AS PART OF U.S. PRIVATE SURVEY NO. 2680 IN TOWNSHIP 44 NORTH, RANGE 11 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. WHEREAS, It appears that the procedures set forth in the zoning code relating to zoning have in all matters been complied with. WHEREAS, The zoning ordinance requires consistency between the comprehensive plan and the zoning map and the proposed zoning change would not 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 RU Rural Use to RS-1 Low Density Residential: Part of U.S. Private Survey No.2680 all in Township 44 North, Range 11 West, in the City of Jefferson, Cole County, Missouri, more particularly described as follows: From the southeast corner of the East Half of the Northeast Fractional Quarter of Section 22, Township 44 North, Range 11 West; thence N55°01'36"E, on a direct line, 1238.69 feet to a corner on the southwesterly boundary of the first described tract in a deed of record in Book 555, page 935, Cole County Recorder's office; thence N45°03'19"W, along the southwesterly boundary of said tract, 1012.49 feet to a point on the southeasterly line of the 60 foot wide Algoa Road right-of-way as described in Book 432, page 341, Cole County Recorder's Office; thence Northeasterly, along said right-of-way line, on a curve to the left, having a radius of 450.96 feet, an arc distance of 63.19 feet, (the chord of said curve being N26°47'50"e, 63.14 feet) to the POINT OF BEGINNING for this description;thence N45°03'1 9"W, 32.52 feet to a point on the centerline of the aforesaid Algoa Road Right-of-way; thence N22°05'00"E, along said centerline, 224.19 feet to a point intersecting the northwesterly extension of the northerly boundary of the aforesaid first described tract in Book 555, page 935; thence S76°36'34"E, along said extended boundary and along the northerly boundary thereof, 295.35 feet; thence S13°23'26"W, 310.00 feet; thence N87°58'32"W, 142.40 feet; thence N45°03'19"W, 190.00 feet to the POINT OF BEGINNING. Containing approximately 2.01 acres. Section 2. This ordinance shall be in full force and effect from and after its passage and approval. Passed: 4 Appro e Pres'-mg fficer Mayor A, T: APPROV S T ORM: A&I Clek City Counselor MINUTES JEFFERSON CITY PLANNING AND ZONING COMMISSION December 13, 2007 5:15 p.m. • COMMISSION MEMBERS PRESENT ATTENDANCE RECORD Bob George 3 of 6 Rhonda Hoskins 6 of 6 John Lake 3 of 6 David Nunn 5 of 6 Ralph Robinett, Vice Chairman 5 of 6 Jack Deeken, Alternate 5 of 6 Chris Jordan, Alternate 6 of 6 Chris Yarnell, Alternate 6 of 6 COMMISSION MEMBERS ABSENT Mike Berendzen, Chair 4 of 6 Randy Bickel 3 of 6 Adam Gresham 4 of 6 David Hagan 2 of 6 EX-OFFICIO MEMBERS PRESENT Dan Klindt, City Council Liaison 5 of 6 STAFF PRESENT 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 . Case No. P07033 — 3126 Algoa Road; Rezoning. Request filed by Donald and Dorothy Strope, property owners, to rezone approximately 2.01 acres from RU Rural to RS-1 Low Density Residential. The property is generally located on the eastern side of Algoa Road in the vicinity of Travis Court and is described as part of U.S. Private Survey No. 2680 in Township 44 North, Range 11 West, Jefferson City, Cole County, Missouri. Mr. Scott Strope, 316 Travis Court, spoke on behalf of Donald and Dorothy Strope, property owners, regarding this request. Mr. Strope explained that this property was recently split into different sections and is currently zoned RU. He stated that the existing home was razed and he is proposing to build a single family residential home on the subject property. Mr. Strope stated that the surrounding properties are zoned residential. Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, spoke regarding this request and explained that the proposed zoning fits into the city's master plan. No one spoke in opposition to this request and no correspondence was received. Mr. Barron gave the Planning Division staff report and explained that much of the property along Algoa Road is developed in a single family residential manner and the area lends itself well to further single family residential construction. The property owner intends to perform a parcel division of the property along the lines of the requested rezoning. Staff recommends approval of the rezoning request. Mr. Lake moved and Ms. Hoskins seconded to recommend approval of rezoning property addressed as 3126 Algoa Road from RU Rural Use to RS-1 Low Density Residential, to the City • Council. The motion passed 7-0 with the following votes: Aye: Deeken, George, Jordan, Hoskins, Lake, Nunn, Yarnell City of Jefferson PI�:� nninc•� Zor� inc� Comrl� ission LOO CATIOO N �{ f `� ir�t 1 ti a1. � �;;yy}}+�����,.r� �r au{{��k����ryry�,,,,ti �' �r ' �U �• 4 y p�:,,t S� _ i rh��� +��sLW �.� 1K � at ff sS+"r u,K�SY t�� �A � i+z •a� .. d tom •. � � F t'+�i,l �'�)!; d� ('' b 7 �i�r�'+„�•.�.r.. « p 5 K�A�.rt"L*�1.t� �t '� l k Map �L Osa fiJt A�tfd,` ,�;Ctl 't j FyKe rr4il�� ���'R �;t�,�}� sa �1,.ms's yx � {F' f r`t � �• ?y<^ pµ�}j�� �' Fr ut l''y.�v� �iif�a�7'� x T�✓`.�kJ,y � �,�' r t_. .��,i f� ��.� sf�li n"4��� -� '`�', a7,� �I cif t. a 'G, A"M IN,, n '�t t � l�i�1 �� qtr a :.h, y, ,• t >�� � � } fps ion w� tv'��e'� � r�t�,tA',R� r� �1 'iy -�i �'} R '� 6 ',,�,r•�,ti�•] 1 [ 'e1�!�'� �kCt'���+�'S�i $� '� 'yr •' ;t' �'d' F �g ;¢s� '">�r{-�` J � ' zf. �� k '+ y,T }ar'.i, a� m y. t...)�''. �T'tc�Y.v n{h.t',., •x i tr�?`.R � y�r ,S yy### `� �{(� �{. t.• WIN 1 r S.t3tr. x {• 'M b""4'r�`r3'1 R if �. t4' �y � � !r+r{,'�E`'{4 1,�`�q�,��f 'i 4VE ,�•N .� R', {�.ra` l4�}'��tt#lap F(d+ NkW!t�{ �Ew '.}r•5 ..,k..�t •:{,'t�. 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NOV 15 2007 Jefferson City, Missouri 65101 Phone (573)634-6410 Fax (573) 634-6457 PLANNING AND The undersigned hereby petitions the Planning and Zoning Commission and Cit uhUN5PMACft o€Rke son, Missouri, for the following amendment to the Zoning Code: O Zoning Text Amendment (Describe below or attach complete narrative;complete 'Applicant"information Article and Section Affected (if applicable) Description of proposed text amendment: Zoning Map Amendment(Rezoning of Real Estate) The undersigned hereby state they are the owners of the following described real estate (legal description must be printed below or attached as an exhibit): Property Address: 31 OL(o Q LCs0 A Q D A n Legal/Property Description: ATT-A C H E 0 Who petition to rezon the above described real estate from its present status of u to 9 - 1 district. The purpose of this rezoning request is to CDA sT-RucT A 14OUSE ALL OWNERS OF REAL PROPERTY PROPOSED TO BE REZONED MUST SIGN THE APPLICATION,AND ALL SIGNATURE MUST BE NOTARIZED. IF ADDITIONAL SIGNATURES ARE NEEDED, PLEASE ATTACH SEPARATE SHEETS. �l K S-rR0 PE K -DDROT-"V L. 5T RO PEE*-r 9,U 57 E<5 0 F T 4 E V A Ki A L , 5TR_0 ft 0yM/4 i'roptrt , ner#1 ame 1type or print) L(ST DTI>,Prop erty Owner Si nature G,Ro,,N Y � -rR0 PE d -DONA�-� s�-1( S-TT E USTEES OF TKE -DO1ZoT4y L, ST-RopE Prperty Owner#2 Name (type or print)-T u3r VT-D Property Owne ignature .1,- 4--((-%000 Subscribed and J%yy ffV& pre me this 1"3 day of Q/' in the year�. Notary Public-Notary Seal State of Missouri Osage County ary lic t,ly Commission Ex ices;August 19,2008 Address of Property Owner#1: 3(72, A L 6-o A RD A 4 ;1' EFFe(LS o/,) Cp-v . M0 . 1.S IEi Address of Property Owner#2 3 ( a;Z A Ly o A R C)A () TE FFE IZSo fJ e- q-Y Nlfl GS (O( Phone Number(s): (o3S -91rjaa �RO -91_ O ( (� t�U (000 ( Applicant Information (if different from property owner): Name: S t} Me Address: Phone Number For City Use Only. Application Filing Fee $200 Payment Received: Cash (Indicate Receipt# ) Check (Copy; indicate check# ) ttachments: Additional sheets or documentation Applicant/Project Information Sheet Location Map ge 1 of 1 May 6,2002 EXHIBIT A • AREA FOR REZONING FROM:: RU TO: RS-1 Part of U.S. Private Survey No. 2680 all in Township 44 North, Range 11 West, in the City of Jefferson, Cole County, Missouri, more particularly described as follows: From the southeast corner of the East Half of the Northeast Fractional Quarter of Section 22, Township 44 North, Range 11 West; thence N55'0 1'36"E, on a direct line, 1238.69 feet to a corner on the southwesterly boundary of the first described tract in a deed of record in Book.555, page 935, Cole County Recorder's office; thence N45°03'19"W, along the southwesterly boundary of said tract, 1012.49 feet to a point on the southeasterly line of the 60 foot wide Algoa Road right-of-way as described in Book 432, page 34 1, Cole County Recorder's Office; thence Northeasterly, along said right-of-way line, on a curve to the left, having a radius of 450.96 feet, an arc distance of 63.19 feet, (the chord of said curve being N26°47'50"E, 63.14 feet)to the POINT OF BEGINNING for this description; thence N45'03'1 9"W, 32.52 feet to a point on the centerline of the aforesaid Algoa Road Right-of-way; thence N22°05'00"E, along said centerline, 224.19 feet to a point intersecting the northwesterly extension of the northerly boundary of the • aforesaid first described tract in Book 555, page 935; thence S76°36'34"E, along said extended boundary and along the northerly boundary thereof, 295.35 feet; thence S l 3 023'26"W, 310.00 feet; thence N87°58'32"W, 142.40 feet, thence N45 003'19"W, 190.00 feet to the POINT OF BEGINNING. • EXHIBIT B OgpNISION 0 100 200 400 sc N!2� �o 1 inch = 200 feet PE ,,. PG �'� �� � U.S. PRIVATE SURVEY N®. 2680 Jerline Moreland 1� S;'6-36'34 555, page 934 95 4 E 5 . ry ro NN r ';i R� � 1 Fat e : .'a 5 45703'19" 5'03 G yii tir; "� O p CURRENTLY / 3 ' ZONED RU •� � 6� -iit � u sca WIA su 0N15+ON L •''�/ `�6� Grp FIRST DESCRIBED TRACT. SEC ONE 03 '� / \6�'9�,�. �,�, in Book 555, page 935 d' Donald S. Strope & Dorothy L. Strope, \ Trustees of the Donald S. Strope Trust / ".0 4r- and Dorothy L. Strope and Donald S. =va4g0 Strope, Trustees of the Dorothy L. J ' � "A, 14 S'A3, Strope Trust. �9- Da� Da�T1 U. 2A 1�"d apl IM-21T.W I \. I i SECOND DESCRIBED TRACT in Book 555, page 935 I Donald S. Strope & Dorothy L. Strope, f I Trustees of the Donald S. Strope Trust / and Dorothy L. Strope and Donald S. Strope, Trustees of the Dorothy L. \ Strope Trust. \ y / IC nt r a Ease rw.l Body 1 5 P°f% 451 1ti�a' \ I Found Stone SE Corner 4 E. 1/2, NE Frac.1 • Secti T44N, R1 OF `t4 ♦ I 1 1 Q ���, � � �c .John Landwehr City of Jefferson _ Mayor Department of Community Development Patrick E. Sullivan, P.E.; Director 320 East McCarty Street Phone: (573) 634-6410 Jefferson City, Missouri 65101 Fax: (573)634-6457 is November 28, 2007 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, December 13, 2007 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. P07033 — 3126 Algoa Road; Rezoning. Request filed by Donald and Dorothy Strope, property owners, to rezone approximately 2.01 acres from RU Rural to RS-1 Low Density Residential. The property is generally located on the eastern side of Algoa Road in the vicinity of Travis Court and is described as part of U.S. Private Survey No. 2680 in Township 44 North, Range 11 West, Jefferson City, Cole County, Missouri. 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 Tuesday, January 22, 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 or , ;�ee f e r s o n COMMUNITY DEVELOPMENT { `bliddif g .a better coirs unity' Jefferson City Planning&Zoning Commission Property Owners List Case No. P07033 3126 Algoa Road December 13, 2007 Nathan & Jill Herigon • 303 Travis Court Jefferson City, MO 65101 3125 Algoa Road Donald & Lisa Hurst 310 Travis Court Jefferson City, MO 65101 310 Travis Court William & Christina Luebbert 304 Travis Court Jefferson City, MO 65101 304 Travis Court Donald & Dorothy Strope 3122 Algoa Road Jefferson City, MO 65101 3135 Algoa Road 3216 Algoa Road Gary & Ann Toohey 307 Travis Court Jefferson City, MO 65101 307 Travis Court • PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION December 13,2007 Case No. P07033 — 3126 Algoa Road; Rezoning. Request filed by Donald and Dorothy Strope, property owners, to rezone approximately 2.01 acres from RU Rural to RS-1 Low Density Residential. The property. is generally located on the eastern side of Algoa Road in the vicinity of Travis Court and is described as part of U.S. Private Survey No. 2680 in Township 44 North,Range 11 West,Jefferson City,Cole County,Missouri. Nature of Request The purpose of the rezoning request is to make the property available for the development of a single family residential housing unit. The property owner intends to perform a parcel division of the property along the lines of the requested rezoning. Zoning and Surrounding Land Use Current Zoning: RU Rural Current Use: Rural Farm Requested Zonin : RS-1 Single Family Residential Intended Use: Single Family Sur-rounding Zoning Surrounding Uses North RU Undeveloped South RU Undeveloped East RU Undeveloped West I RS-1 I Single Family Residential Allowed Uses: The RS-1 zoning district allows single family residential development with a minimum lot size of 15,000 square feet. Staff Analysis Checklist for a rezoning: Yes No Notes: Complies with Comprehensive Plan X Shown as low density residential on the Coin rehensive Plan Has access to necessary utilities X Sewage service details have not been finalized Located outside flood zone X Not in flood zone Benefit to City is substantial when compared to X The city would benefit from the increased level of adverse affects on adjacent property commercial property on Truman Boulevard. The rezoning would not be a grant of privilege to X The public would benefit from increased residential the owner with little or no benefit to the public land in this area. After rezoning, the allowed uses would be X Much of the land along Algoa Road is zoned RS-1. compatible with uses allowed in adjacent districts After rezoning, the allowed uses. would be X Most of the existing land uses along Algoa Road are compatible with adjacent existing land uses of a single family residential character. If not rezoned, the owner would be deprived of use X The current Rural zoning does not allow residential advantages enjoyed by surrounding owners development at the density of adjacent (reverses of zoning) neighborhoods. The requested rezoning would be an expansion of X Adjacent zoning across Algoa Road is RS-1. an existing district A rove Deny Neutral Staff Reconunendation X Staff Recommendation Much of the property along Algoa Road is developed in a single family residential manner and the area lends itself ell to further single family residential construction. Staff recommends approval of the rezoning request.