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HomeMy Public PortalAboutORD14207 BILL NO. 2007-6 • SPONSORED BY COUNCILPERSON LAYTON ORDINANCE NO. A 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 77.28 ACRES FROM RU RURAL USE TO C-2 GENERAL COMMERCIAL, LAND LOCATED SOUTH OF THE PROPERTY ADDRESSED AS 2653 FROG HOLLOW ROAD, LOCATED IN PART OF SECTIONS 14 AND 15, TOWNSHIP 44 NORTH, RANGE 12 WEST, 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. 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 RU Rural Use to C-2 General Commercial: The Northwest quarter of the Southwest quarter of Section 14 and the Northeast quarter of the Southeast quarter of Section 15, Township 44 North, Range 12 West, Jefferson City, Cole County, Missouri. Excepting that part sold by Warranty Deed dated March 24, 1960 to Kenneth E. Davidson and wife, as recorded in Book 161, Page 77, Cole County Recorder's Office. Excepting, also, the property conveyed on April 21, 2000, recorded in Book 423, Page 335, Cole County, Missouri, Recorder's Office. Containing 77.28 acres. Section 2. 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 Commercial. Section 3. This ordinance shall be in full force and effect from and after its passage and approval. Passed ApRrov Pr ' ing Officer r ATTEST: APP D AS O FORM: • City C- ler City Counselo -1- PUBLIC HEARING NOTICE • Rezoning and Associated Comprehensive Plan Map Amendment Land South of 2653 Frog Hollow Road The City Council of the City of Jefferson, Missouri,will hold a public a hearing on Monday, May 21, 2007 at 6:00 p.m. in the Council Chamber of the John G. Christy Municipal Building, 320 East McCarty Street, to consider rezoning land located south of the property addressed as 2653 Frog Hollow Road from RU Rural Use to C-2 General Commercial and an associated amendment to the Development Plan Map of the City's Comprehensive Plan: Section 1. Property Description:The Northwest quarter of the Southwest quarter of Section 14 and the Northeast quarter of the Southeast quarter of Section 15, Township 44 North, Range 12 West, Jefferson City, Cole County, Missouri. Excepting that part sold by Warranty Deed dated March 24, 1960 to Kenneth E. Davidson and wife,as recorded in Book 161, Page 77, Cole County Recorder's Office. Excepting,also,the property conveyed on April 21,2000,recorded in Book 423, Page 335, Cole County, Missouri, Recorder's Office. Containing 77.28 acres. Section 2. Rezoning application. The property is proposed to be rezoned from RU Rural Use to C-2 General Commercial. Section 3. Associated Comprehensive Plan Map Amendment. Designation of the property is proposed to be revised from "Low Density Residential" to "Commercial" on the Development Plan Map. Phyllis Powell, City Clerk • City of Jefferson, Missouri P.T. - Friday, May 4, 2007 Department of Community Development/Planning Division 320 East McCarty Street, Room 120 Jefferson City, Missouri 65101 Contact: Anne Stratman or Janice McMillan Phone (573) 634-6475 Fax (573) 634-6457 40y of Jefferson Plannin Zoning Commission AR I 01 1 ( W < Lu jOOD_- [FF-- Rezoning RU to C-2 �MA Comprehensive Plan AL Amendment [7- 2653 Frog Hollow Rd. HOE E ,7 IM IT N 2,400 1,200 0 2,400 Feet W VICINITY S Oty of Jefferson Planning& Zoning CommissionO ' 4 e ^ r cb('I p I tvf.. �'fb4 �p, �h'° ♦'''dt �•.,�� t U-3�2 � �� Y` •�y X' `"a,..�' ��. ' � z'� � �, c ` � .�,��� ra-'�• +.�• k .s>'s ; 'sue Rezoning RU to C-2 ass Comprehensives Plan Amendment 2653 Frog Hollow Rd. . s r , t � i ,,�'i � g �''� t+� �� �,. .ate, �f*i t�'�`'�` 4 �+ •s'�� �. � '��-a � N 920 460 0 920 Feet W + E LOCATION S 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 aMap Amendment 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 t Ai P"-? i C/CS PCB� � Name (typed or printed) Signatu e Applicant Information: Property Owner Name t N U ��I A4 £,0 CJ--S 1=fe-e-p C a iJ G r 7`? tit D 6 Y-1 � Phone Number(s): Other Applicant Information: Name:— 12-A 4-PiV A/0114F/? Icl<S Address: y v J 7.46 S 1-k Phone Number For City Use Only: Application Filing Fee $200 Application Filing Fee Received: Cash (indicate receipt# ) Check (copy; indicate check # ) Attachments: Narrative Map Applicant/Project Information Sheet Page 1 of 1 May 6,2002 APPLICATION FOR ZONING ORDINANCE AMENDMENTS Date Received: City of Jefferson - Planning Division Department of Community Development 320 East McCarty Street Jefferson City, Missouri 65101 Phone (573) 634-6410 Fax (573) 634-6457 The undersigned hereby petitions the Planning and Zoning Commission and City Council of the City of Jefferson, Missouri, for the following amendment to the Zoning Code: Cl Zoning Text Amendment (Describe below or attach complete narrative; complete 'Applicant"information Article and Section Affected (if applicable) Description of proposed text amendment: '$4,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: �G S l'r?G�f� /�6 LGC.7- �.� 2� �/�/�/=Ei c��l C [TY y'O 6f l o ' Legal/Property Description: Who petition to rezone the above described real estate from its present status of /Z cJ to C district. The purpose of this 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, PLEASE ATTACH SEPARATE SHEETS. Property Owner#> Name (type or print) Property Owner Signature Property Owner#2 Name (type or print) Property Owner Signature n r� Subscribed and sworn before me this�_day of �C�r''ti� in the year C 0 " NOTARY SEAL" otaty Public Cole County,State of Missouri ddYb6f�� rRR1rtD1(t✓% i N G -1 Commission Number 06432 4 Address of Property Owner#2 Phone Number(s): 1�,> &i S )' iA 61 'tom Applicant Information (if different from property owner): Name: Address: Phone Number For City Use Only: Application Filing Fee $200 Payment Received: Cash (Indicate Receipt# ) Check (Copy; indicate check #� �chments: Additional sheets or documentation Applicant/Project Information Sheet Location Map Page 1 of 1 May 6,2002 Original Legal Description (presented at the February 8, 2007, meeting of the Jefferson City Planning and Zoning Commission) Rezoning and Associated Comprehensive Plan Map Amendment Land South of 2653 Frog Hollow Road Property Description: The Northwest quarter of the Southwest quarter of Section 14 and the Northeast quarter of the Southeast quarter of Section 15,and Twenty acres, being the south part of the east half of the northeast quarter of Section. 15, being all that part of said half quarter section lying south of Stone Creek, Township 44 North, Range 12 West, .Jefferson City, Cole County, Missouri. Excepting that part sold by Warranty Deed dated March 24, 1960 to Kenneth E. Davidson and wife, as recorded in Book 161, Page 77, Cole County Recorder's Office. Excepting, also, the property conveyed on April 21, 2000, recorded in Book 423, Page 335, Cole County, Missouri, Recorder's Office. Containing 100 acres, more or less. Revised Legal Description (presented at the April 12, 2007, meeting of the Jefferson City Planning and Zoning Commission) Rezoning and Associated Comprehensive Plan Map Amendment Land South of 2653 Frog Hollow Road Property Description: The Northwest quarter of the Southwest quarter of Section 14 and the Northeast quarter of the Southeast quarter of Section 15, Township 44 North, Range 12 West, Jefferson City, Cole County, Missouri. Excepting that part sold by Warranty Deed dated March 24, 1960 to Kenneth E. Davidson and wife,as recorded in Book 161, Page 77,Cole County Recorder's Office. Excepting, also, the property conveyed on April 21, 2000, recorded in Book 423, Page 335, Cole County, Missouri, Recorder's Office. Containing 77.28 acres. i Of r rr ` t Cityof Jefferson Q ?�` '� ' \= John Landwehr J - '° Mayor �artment 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 April 5, 2007 This letter is to notify you that the Jefferson City Planning and Zoning Commission will meet at 5:15 p.m. on Thursday, April 12, 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. P07004 — 2653 Frog Hollow Road; Comprehensive Plan Amendment and Rezoning. Request filed by Ralph Heimericks, property owner, to rezone an area consisting of approximately 95.56 acres from RU Rural District and RS-1 Residential to C-2 General Commercial and an associated amendment to the comprehensive plan. The property is generally located east of Highway 179 in the vicinity of Frog Hollow Road. The property is described as part of section 14 and section 15, township 44 north, range 12 west, Jefferson City, Cole County, Missouri. (Continued from February 8, 2007) Please Note: The property owner/applicant has revised the rezoning request from what was submitted for the February 8, 2007, meeting of the Planning and Zoning Commission. The applicant now requests that the southern 77.28 acres be rezoned to C-2 General Commercial and the northern 18.28 acres remain as it is currently zoned (RS-1 Single Family Residential and RU Rural District). Please see the attached map for a graphic representation of the revised rezoning request. 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 �ning 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 May 21, 2007. 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 ty of , ef erson ( " COMMUNITY DEVELOPMENT {{I I Ir x.ii ling a better cornnlunity° Jefferson City Planning& Zoning Commission Page 1 Property Owners List Case No. P07004 2653 Frog Hollow Road April 12, 2007 • American Tower Corporation City of Jefferson Parks & Recreation PO Box 723597 Commission Atlanta, GA 31139 320 E. McCarty Street 1424 Creek Trail Drive Jefferson City, MO 65101 Frog Hollow Road Leon & Carol Beck 1200 Lecar Drive Karen Fain Jefferson City, MO 65109 1318 Mernie Drive 1321 Lecar Drive Jefferson City, MO 65109 1320 Lecar Drive Frog Hollow Road Sharon Buford Daniel & Anne Gilley 2608 Cedarwood Court 2607 Cedarwood Court Jefferson City, MO 65109 Jefferson City, MO 65109 2608 Cedarwood Court 2607 Cedarwood Court 2833 Frog Hollow Road CP W, LLC PO Box 1425 Green & Samson, LLC Jefferson City, MO 65102 516 N. Eagle Trace Creek Trail Drive Jefferson City, MO 65109 1626-1632 Notting Hill Drive Highway 179 1625-1633 Notting Hill Drive • 1617-1623 Notting Hill Drive James & Marilyn Hofmann 2916 Rt. J Roy & Carol Campbell Jefferson City, MO 65101 2603 Tanglewood Drive 1426 Creek Trail Drive Jefferson City, MO 65109 2603 Tanglewood Drive Jerry Holsman 2603 Cedarwood Court Roy Campbell Jefferson City, MO 65109 Joy Roesger & Johnny Campbell 2603 Cedarwood Court c/o Joy Roesger 2025 W. Edgewood Drive Jonathan & Rebecca Imhoff Jefferson City, MO 65109 2604 Cedarwood Court 2715 Eagle Drive Jefferson City, MO 65109 2604 Cedarwood Court Cingular Wireless c/o Missouri RSA #93353 L.L. Lewis Investments, LLC Glenridge Connector NE 1451 Briar Village Court Mail Code 5.999 Jefferson City, MO 65109 Atlanta, GA 30342 2417 W. Edgewood Drive 1424 Creek Trail Drive Bunker Hill Road • Jefferson City Planning & Zoning Commission Page 2 Property Owners List Case No. P07004 2653 Frog Hollow Road April 12, 2007 • Clinton & Christa Luebbering 604 Prince Lane St. Thomas, MO 65076 1700 Providence Drive 1702 Providence Drive Maxey Brothers Investments, LLC 1506 Friendship Road Jefferson City, MO 65101 2646 Frog Hollow Road Gordon & Virginia Persinger 115 S. Polk Street Jefferson City, MO 65101 2607 Tanglewood Drive Tom & Carol Prenger 4937 County Road 480 Tebbets, MO 65080 1618-1624 Notting Hill Drive William & Margaret Ratliff • 2606 Tanglewood Drive Jefferson City, MO 65109 2606 Tanglewood Drive River City Habitat for Humanity 1420 Creek Trail Drive Jefferson City, MO 65109 1420 Creek Trail Drive SSM Regional Health Services 100 St Marys Plaza Jefferson City, MO 65101 Highway 179 Colonial Hills Road David & Sandra Trout 2611 Cedarwood Court Jefferson City, MO 65109 2611 Cedarwood Court • PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION April 12,2007(continued from February 8,2007) • Case No.P07004—2653 Frog Hollow Road;Comprehensive Plan Amendment and Rezoning. Request filed by Ralph Heimericks, property owner, for the items outlined below. The property consists of approximately 95.56 acres and is generally located east of Highway 179 in the vicinity of Frog Hollow Road.The property is described as part of section 14 and section 15, township 44 north,range 12 west, Jefferson City, Cole County,Missouri. A. Amendment to the Comprehensive Plan Land Use Map from Low Density Residential to Commercial. B. Rezoning from RU Rural District and RS-1 Single Family Residential to C-2 General Commercial Notification By publication in the newspaper, letter to adjacent and affected property owners within 185 feet,and by sign posting. Correspondence Correspondence will be distributed at the meeting. (none received as of 2-1-07) Location and Zoning of Subject Site The subject site is generally located east of Highway 179 in the vicinity of Frog Hollow Road. Nature of Request (Revised) The purpose of the rezoning request is to allow for the future commercial development of the property. The property owner has revised the rezoning request from what was submitted for the February 8, 2007, meeting of the Planning and Zoning Commission. The applicant now requests that the southern 77.28 acres be rezoned to C-2 General Commercial and the northern 18.28 acres remain as it is currently zoned(RS-1 Single Family Residential and RURural District)_ Please see the attached map for a graphic representation of the rezoning request. Zoning and Use of Nearby Property The subject site is currently zoned RU Rural Use with a small portion of the property located north of Frog Hollow Road zoned R1-1 Single Family Residential. The majority of the surrounding land is undeveloped. There are two commercial enterprises located north of the property off of Frog Hollow Road. There are four residential subdivisions in the area, Fainwood and Creekside Park to the north of the property, Loesch Estates to the east, and Colonial Hills Estates to the southeast. The land to the south,much of the land to the west(across Hwy. 179)and the two commercial uses to the north are zoned C-2 General Commercial. Access/Traffic Currently,access to the property is off of Frog Hollow Road with additional access available off of Notting Hill Drive. There are a variety of different options for future access to the site including access off of Creek Trail Drive,access through Loesch Estates Subdivision to the east, and access through the property to the south. Allowed Uses The RU Rural District is intended for very low density residential uses and the continued operation of existing crop farms and ranches. The RS-1 zoning district is intended for single family residential uses. The C-2 General Commercial District is intended for commercial land uses located at intersections and highway interchanges. Allowed uses include a wide variety of commercial activity including general retail and office uses. Comprehensive Plan The 1996 Comprehensive Plan did not account for future commercial development along the Highway 179 corridor.Given the trend of commercial development plans along the Highway 179 corridor, it appears that the Comprehensive Plan erroneously designated the site for low density residential use (Please refer to the attached Review Criteria for Comprehensive Plan Amendments and the answers to these criteria provided by staff). An amendment to the Comprehensive Plan Land Use Map from Low Density Residential to Commercial would be necessary in order to retain conformity between the Comprehensive Plan and Zoning Map. Staff Recommendation Staff recommends approval of the request to amend the comprehensive plan and the request to rezone the southern portion of the property from RU Rural to C-2 General Commercial. Case No. P07004 April 12, 2007 COMPREHENSIVE PLAN AMENDMENT CRITERIA (Compiled by City Staff) SA. 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. With the completion of the Highway 179 corridor and plans forJuture commercial development in this area, the potential for a concentration of commercial development centered on Highway 179 may have been overlooked. B. Whether events subsequent to the Comprehensive Plan adoption have invalidated the Commissions original premises and findings made upon plan adoption. With the completion of the Highway 179 corridor, the suitability of the area .for commercial development has significantly increased. C. Whether the change is consistent with the goals, objectives and policies of the Plan. The establishment of commercial development "nodes"at strategic locations is an objective of the Comprehensive 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. With the completion of the Highway 179 corridor, the suitability of the area for commercial development has significantly increased. E. Whether the change is needed to improve consistency between the Comprehensive Plan and other adopted plans. The 2003 County-Wide Transportation Study shows the need for a highway interchange along Highway 179 in this area. F. Whether public and community facilities,such as utilities,sanitary and storm sewers,water,police and fire protection, schools, parks and recreation 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. Due to the size and undeveloped nature of this area, the development of this site would necessitate the extension of necessary utilities as part of any development plans. The necessary utilities should be able to 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. There is sufficient land available in this area to provide for the necessary community needs. H. Whether there will be benefits derived by the community or area by the proposed zone. • The changing of the designation of this area on the Comprehensive Plan/Development Plan Map wouldfurther the development of a "node"of commercial land use along the Highway 179 corridor. Janice McMillan/JeffCity To "Don Reynolds"<DReynolds @practicalbioethics.org> 02/08/2007 12:01 PM cc Eric Barron/JeffCity@JeffCity bcc Anne Stratman/JeffCity Subject Re: Public Hearing: February 8, 2007 CASE NO. P07004 ATTENTION: ERIC BARROND Thank you for your comments. They will be copied and distributed to the Planning and Zoning Commission at this evening's meeting for incorporation into the official record. Janice McMillan, AICP Deputy Director, Department of Community Development Planning & Transportation Services City of Jefferson - 320 East McCarty Jefferson City, Missouri 65101 E-mail jmcmillan @jeffcitymo.org Voice: 573.634.6424 Fax: 573.634.6457 "Don Reynolds" <DReynolds @practicalbioethics.org> "Don Reynolds" �•` <DReynolds @practicalbioethi To "Department of Community Development" '. ., cs.org> <jcplanning @jeffcitymo.org> 02/08/2007 10:31 AM cc Subject Public Hearing: February 8, 2007 CASE NO. P07004 • ATTENTION: ERIC BARRON Mr. Barron, As an adjoining property owner to the Frog Hollow property owned by Ralph Heimericks I want to support Mr. Himericks' request for: A. Amendment to the Comprehensive Plan Land Use Map from Low Density Residential to Commercial. B. Rezoning from RU Rural District and RS-1 Single Family Residential to C-2 General Commercial. I would appreciate my support being made a part of the official record and copied and distributed to Commission members at the meeting. Sincerely, Karen Fain Reynolds u:inrnail.dat �I EXCERPT OF MINUTES JEFFERSON CITY PLANNING AND ZONING COMMISSION • February 8, 2007 5:15 p.m. COMMISSION MEMBERS PRESENT ATTENDANCE RECORD Mike Berendzen, Chair 8 of 8 Randy Bickel 6 of 8 David Hagan 5 of 8 Richard Koon 7 of 8 David Nunn 6 of 8 Ralph Robinett 7 of 8 Chris Jordan, Alternate 8 of 8 Chris Yarnell, Alternate 4 of 6 COMMISSION MEMBERS ABSENT Bob George 4 of 8 Rhonda Hoskins 5 of 8 John Lake 5 of 8 Jack Deeken, Alternate 6 of 8 EX-OFFICIO MEMBERS Cindy Layton, City Council Liaison 8 of 8 Dan Klindt, Alternate 1 of 3 STAFF PRESENT Pat Sullivan, Director of Community Development Janice McMillan, Deputy Director of Planning &Transportation Services Eric Barron, Senior Planner • Drew Hilpert, Associate City Counselor David Bange, Engineering Division Director Shane Wade, Civil Engineer II Anne Stratman, Administrative Assistant Return to Item#6 New Business—Public Hearings (as reordered): Case No. P07004 — 2653 Frog Hollow Road; Comprehensive Plan Amendment and Rezoning. Request filed by Ralph Heimericks, property owner, for the items outlined below. The property consists of approximately 95.56 acres and is generally located east of Highway 179 in the vicinity of Frog Hollow Road. The property is described as part of section 14 and section 15, township 44 north, range 12 west, Jefferson City, Cole County, Missouri. A. Amendment to the Comprehensive Plan Land Use Map from Low Density Residential to Commercial. B. Rezoning from RU Rural District and RS-1 Single Family Residential to C-2 General Commercial Mr. Ralph Heimericks, 4029 Vintage Lane, spoke on behalf of Ms. Dorene Heimericks who resides at 2653 Frog Hollow Road. Mr. Heimericks explained that the purpose of rezoning the subject property to C-2, is to allow for future commercial development by potential buyers. He explained that city staff recommended that he contact a local contractor for their recommendation of which zoning district would better fit the property. Correspondence in support of the rezoning request was received from Karen Fain Reynolds, 1318 Memie Drive. • Mr. Bill Ratliff, 2606 Tanglewood Drive, voiced concerns of lack of information regarding the property owner's intent, impact a commercial development will have on the adjoining residential neighborhood, decrease in property values and an increase in traffic. i Excerpt of Minutes/Jefferson City Planning & Zoning Commission Page 2 February 8, 2007 • Ms. McMillan explained that there was discussion regarding the development plan and zoning plan for this property with the property owners when annexation was initially proposed for this vicinity. She stated that there was discussion of including the subject property in the C-2 zoning district, although it was not included in the plan of intent. Ms. McMillan explained that because there is no specific development plan for this property at the present time, C-2 zoning can be considered as an interim zoning. She stated that when the development plan is submitted, the zoning districts will be refined. Mr. Barron gave the Planning Division staff report and explained that the purpose of the rezoning request is to allow for the future commercial development of the property. He stated that the 1996 Comprehensive Plan did not account for future commercial development along the Highway 179 corridor. Mr. Barron explained that given the trend of commercial development plans along the Highway 179 corridor, it appears that the Comprehensive Plan erroneously designated the site for low density residential use. He stated that an amendment to the Comprehensive Plan Land Use Map from Low Density Residential to Commercial would be necessary in order to retain conformity between the Comprehensive Plan and Zoning Map. Mr. Barron stated that staff recommends approval of the request to amend the comprehensive plan and the request to rezone the property from RU and RA-1 to C-2. Mr. Jordan moved and Mr. Robinett seconded to table this request for no longer than two (2) subsequent meetings in order for discussion between staff and Mr. Heimericks. The motion passed 7-0 with the following votes: Aye: Bickel, Hagan, Jordan, Koon, Nunn, Robinett, Yarnell • Respectfully Submitted, Janice McMillan, Assistant Secretary II I • EXCERPT OF UNAPPROVED MINUTES JEFFERSON CITY PLANNING AND ZONING COMMISSION • April 12, 2007 5:15 p.m. COMMISSION MEMBERS PRESENT ATTENDANCE RECORD Mike Berendzen, Chair 10 of 10 Randy Bickel 8 of 10 Bob George 6 of 10 David Hagan 7 of 10 Rhonda Hoskins* 6 of 10 Richard Koon 8 of 10 John Lake 7 of 10 David Nunn 7 of 10 Chris Jordan, Alternate 10 of 10 Jack Deeken, Alternate 8 of 10 *Arrived late COMMISSION MEMBERS ABSENT Ralph Robinett 8 of 10 Chris Yarnell, Alternate 4 of 10 EX-OFFICIO MEMBERS Cindy Layton, City Council Liaison 10 of 10 STAFF PRESENT Janice McMillan, Deputy Director of Planning & Transportation Services Eric Barron, Senior Planner Drew Hilpert, Associate City Counselor • David Bange, Engineering Division Director Shane Wade, Civil Engineer II Bill Lockwood, Director of Parks and Recreation Anne Stratman, Administrative Assistant Case No. P07004 — 2653 Frog Hollow Road; Comprehensive Plan Amendment and Rezoning. Request filed by Ralph Heimericks, property owner, for the items outlined below. The property consists of approximately 95.56 acres and is generally located east of Highway 179 in the vicinity of Frog Hollow Road. The property is described as part of section 14 and section 15, township 44 north, range 12 west, Jefferson City, Cole County, Missouri. (Continued from February 8, 2007). A. Amendment to-the Comprehensive Plan Land Use Map from Low Density Residential to Commercial. B. Rezoning from RU Rural District and RS-1 Single Family Residential to C-2 General Commercial Ms. Hoskins stated that she will abstain from voting on this case. Chairman Berendzen appointed Mr. Jordan as a voting member. Ms. McMillan explained that the Applicant agreed to a revised request which proposes to rezone 77.28 acres in the southern portion of the property from RU Rural Use to C-2 General Commercial. She stated that the northern 18.28 acres will remain RS-1 Single Family Residential and RU Rural Use. Ms. McMillan explained that a small area across Frog Hollow Road will remain RS-1 Single Family Residential. • Mr. Bill Ratliff, 2606 Tanglewood Drive, spoke in favor of this request. Mr. Ratliff stated that this is a good compromise which gives his neighborhood an adequate buffer between the proposed commercial area. No one spoke in opposition to the proposed rezoning and no correspondence was received. Excerpt of Unapproved Minutes/Jefferson City Planning & Zoning Commission Page 2 April 12, 2007 • Mr. Barron gave the Planning Division staff report and explained that the property owner revised the rezoning request from what was submitted for the February 8, 2007, meeting of the Planning and Zoning Commission. Mr. Nunn moved and Mr. Bickel seconded to recommend approval of the revised request to amend the comprehensive plan, to the City Council. The motion passed 7-0 with the following votes: Aye: Bickel, Deeken, George, Hagan, Jordan, Lake, Nunn Abstain: Hoskins Mr. Nunn moved and Mr. Bickel seconded to recommend approval of the revised request to rezone the southern 77.28 acres from RU Rural Use to C-2 General Commercial, to the City Council. The motion passed 7-0 with the following votes: Aye: Bickel, Deeken, George, Hagan, Jordan, Lake, Nunn Abstain: Hoskins •