HomeMy Public PortalAboutORD14208 BILL NO. 2007-21
• SPONSORED BY COUNCILMAN KLINDT
ORDINANCE NO. M i�
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 0.27 ACRES FROM PUD PLANNED UNIT DEVELOPMENT
TO C-2 GENERAL COMMERCIAL, THE PROPERTY LOCATED AT 1820 SOUTHWEST
BOULEVARD IN PART OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 24, TOWNSHIP 44 NORTH, RANGE 12 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 PUD Planned Unit
• Development to C-2 General Commercial: Part of the Northwest quarter of the Northwest
quarter of Section 24, Township 44 North, Range 12 West, in the City of Jefferson, Cole
County, Missouri, more particularly described as follows: From the northwest corner of said
Section 24, thence South 88 degrees 14 minutes 00 seconds east along the Section line,
288.38 feet,to the center of a 10 feet Sanitary Sewer Line Easement, described in Book 222,
page 926, and Book 222, page 927, Cole County Recorder's Office,thence South 31 degrees
35 minutes 16 seconds east, along the center of said easement, 149.74 feet; thence South
28 degrees 10 minutes 11 seconds east, along the center of said easement, 258.17 feet, to
the northerly line of Missouri State Route "C"; thence easterly along the northerly line of
Missouri State Route "C", on the following courses and distances: North 66 degrees 09
minutes 43 seconds east 103.30 feet; thence North 64 degrees 53 minutes 29 seconds east,
264.93 feet; thence North 56 degrees 06 minutes 48 seconds east, 127.41 feet, to the
westerly line of a tract of land as described in Book 220, page 83, Cole County Recorder's
Office, and the point of beginning of this description: Thence continuing North 56 degrees 06
minutes 48 seconds east, 180.89 feet, to the north line of said Section 24; thence leaving the
northerly line of Missouri State Route "C", North 88 degrees 14 minutes 00 seconds west,
along the Section Line; 224.01 feet, to the northwest corner of said tract in Book 220, page
83; thence South 30 degrees, 52 minutes 20 seconds east, along the westerly line of said
tract, 130.75 feet, to the point of beginning. Containing 0.27 acres, more or less.
• -1-
Section 2. This ordinance shall be in full force and effect from and after its passage
and approval.
Passed: aa2z Approv �ll,:�-DO -7
Pre di g Officer or
ATTEST: AP E O FORM:
ity Cle Citf C&Trls for
-2-
PUBLIC HEARING NOTICE
Rezoning 1820 Southwest Boulevard
The City Council of the City of Jefferson, Missouri, will hold a public hearing on Monday, June 18,
2007 at 6:00 p.m. in the Council Chamber of the John G. Christy Municipal Building, 320 East
McCarty Street, to consider rezoning the property addressed as 1820 Southwest Boulevard from
PUD Planned Unit Development to C-2 General Commercial:
Section 1. Property Description: Part of the Northwest quarter of the Northwest quarter of
Section 24, Township 44 North, Range 12 West, in the City of Jefferson, Cole County, Missouri,
more particularly described as follows: From the northwest corner of said Section 24,thence South
88 degrees 14 minutes 00 seconds east along the Section line, 288.38 feet, to the center of a 10
feet Sanitary Sewer Line Easement, described in Book 222, page 926, and Book 222, page 927,
Cole County Recorder's Office, thence South 31 degrees 35 minutes 16 seconds east, along the
center of said easement, 149.74 feet;thence South 28 degrees 10 minutes 11 seconds east,along
the center of said easement, 258.17 feet, to the northerly line of Missouri State Route "C"; thence
easterly along the northerly line of Missouri State Route "C", on the following courses and
distances: North 66 degrees 09 minutes 43 seconds east 103.30 feet; thence North 64 degrees
53 minutes 29 seconds east, 264.93 feet; thence North 56 degrees 06 minutes 48 seconds east,
127.41 feet, to the westerly line of a tract of land as described in Book 220, page 83, Cole County
Recorder's Office, and the point of beginning of this description: Thence continuing North 56
degrees 06 minutes 48 seconds east, 180.89 feet, to the north line of said Section 24; thence
leaving the northerly line of Missouri State Route "C", North 88 degrees 14 minutes 00 seconds
west, along the Section Line; 224.01 feet, to the northwest corner of said tract in Book 220, page
83; thence South 30 degrees, 52 minutes 20 seconds east, along the westerly line of said tract,
130.75 feet, to the point of beginning. Containing 0.27 acres, more or less.
SSection 2. Rezoning application. The property is proposed to be rezoned from PUD
Planned Unit Development to C-2 General Commercial.
Phyllis Powell, City Clerk, City of Jefferson, Missouri
P.T. - Friday, June 1, 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
l
City of Jefferson
Planning & Zoning Commission
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City of Jefferson
Planning & Zonin g Commission
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1820 Southwest Blvd. s
Rezoning to C-2 140 70 0 140 Feet
APPLICATION FOR ZONING ORDINANCE AMENDMENT
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:
❑ 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: 1820 Southwest Boulevard
Legal/Property Description (write out or attach as an exhibit):See attached Exhibit A
Who petition to rezone the above described real estate from its present classification of
PUD district to C-2 district. The purpose of this rezoning request is to:
provide consistent zoning on Owner's property.
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.
Albert Enterprises
Property Owner#1 Name (type or print) roperty Own nature
Property Owner#2 Name (type or print) Property Owner Signature
Subscribed and sworn before me this t,3 day of irythe year o;?61Q 7
_Lt tea.uW'rd9U1
u'i'11,1. ot1d
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U`''s"Y,y vi Cote Notary Public
ml Cott Expires Sep.28,
Address of Property Owner#1: 419 Virginia Trail, Jefferson City„ Missouri 65109
Address of Property Owner#2
Phone Number(s):(573)690-7396, Fax(5 3)659-7161
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
TRACT 1 Exhibit A
•
Part of the Northwest quarter of the Northwest quarter of
Section 24, Township 44 North, Range 12 West, in the City of
Jefferson, Cole County, Missouri, more particularly described as
follows:
From the northwest corner of said Section 24 , thence
South 88 degrees 14 minutes 00 seconds east along the Section
line, 288 . 38 feet, to the center of a 10 feat Sanitary Sewer
Line Easement, described in Book 222, page 926, and Book 222 ,
page 927 , Cole County Recorder' s Office . thence South 31 degrees
35 minutes 16 seconds east, along the center of said easement,
149 . 74 feet; thence South 28 degrees 10 minutes 11 seconds
east, along the center of said easement, 258 . 17 feet, to the
northerly line of Missouri State Route "C"; thence easterly
along the northerly line of Missouri State Route "C", on the
following courses and distances : North 66 degrees 09 minutes
43 seconds east 103 . 30 feet; thence North 64 degrees 53
minutes 29 seconds east, 264 . 93 feet; thence North S6 degrees
06 minutes 48 seconds east, 127 . 41 feet, to the westerly line of
a tract of land as described in Book 220, page 83, Cole County
Recorder' s Office, and the point beginning of this description :
Thence continuing North 56 degrees 06 minutes 48 seconds
east, 180 . 89 feet, to the north line of said Section 24;
thence leaving the northerly line of Missouri State Route "C" ,
North 88 degrees 14 minutes 00 seconds west, along the
Section Line; 224 . 01 feet, to the northwest corner of
said tract in Book 220 , page 83; thence South 30 degrees, 52
minutes 20 . seconds east, along the westerly line of said
tract, 130 . 75 feet, to the point of beginning .
J0
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City of Jefferson �= ' " 0. John Landwehr
' Mayor
Department of Community Development Patrick E.Sullivan, P.E.; Director
320 East McCarty Street _ Phone: (573) 634-6410
Jefferson City, Missouri 65101 is Fax: (573) 634-6457
April 25, 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, May 10, 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. P07013 — 1820 Southwest Boulevard; Rezoning. Request filed by Albert
Enterprises LLC, property owner, to rezone approximately 0.27 acres from PUD Planned
Unit Development to C-2 General Commercial. The property is located on the northern
side of Missouri Route C approximately 200 feet southwest of the intersection of
Missouri Route C and Southwest Boulevard. The property is described as part of the
northwest quarter of the northwest quarter of Section 24, Township 44 North, Range 12
West, Jefferson City, Cole County, Missouri. (William Ernst, 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 June 18, 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
G iz.�ti �aivt��
Eric Barron, AICP
Senior Planner
City of ,
e esor� �� {�m�
COMMUNITY DEVELOPMENT
Jefferson City Planning&Zoning Commission
Property Owners List
Case No. P07013 1820 Southwest Boulevard May 10,2007
. Albert Enterprises, LLC
419 Virginia Trail
Jefferson City, MO 65109
1820 Southwest Boulevard
Beck Investments
4206 Oakridge Road
Jefferson City, MO 65109
1905 Southwest Boulevard
Ronald Coleman
5416 Saddlebrooke Lane
Lohman, MO 65053
1805 Crader Drive
Ronald & Jacqueline Coleman
5416 Saddlebrooke Lane
Lohman, MO 65053
1807 Crader Drive
Deerfield Development Company, LLP
2636 Schellridge Road
Jefferson City, MO 65109
1815 Crader Drive
J C Route C Partners, LLC
PO Box 39
Belle, MO 65013
1850 Route C
Saddlebrooke Properties, LLC
5619 Scruggs Station Road
Lohman, MO 65053
1819 Crader Drive
Joseph Scheppers
2300 St Mary's Boulevard
Jefferson City, MO 65109
1904 Southwest Boulevard
PLANNING STAFF REPORT
JEFFERSON CITY PLANNING AND ZONING COMMISSION
. May 10,2007
—
Case No. P07013 1820 Southwest Boulevard; Rezoning. Request filed by Albert Enterprises LLC, property owner,
to rezone approximately 0.27 acres from PUD Planned Unit Development to C-2 General Commercial. The property is
located on the northern side of Missouri Route C approximately 200 feet southwest of the intersection of Missouri Route
C and Southwest Boulevard. The property is described as part of the northwest quarter of the northwest quarter of
Section 24,Township 44 North,Range 12 West,Jefferson City,Cole County,Missouri. (William Ernst,Consultant)
Nature of Request
The purpose of the rezoning request is to match the zoning of the rest of the property parcel and to make the
property available for commercial development. The property owners consultant has conveyed the possibility of
locating a drive through restaurant and retail shopping center on the property but no development plans have been
submitted to the City.
Zoninp,and Surroundinp,Land Use
Current Zoning: PUD and C-2 Current Use: Vacant Building
Requested Zoning: C-2 General Commercial Intended Use: Commercial
Surrounding Zoning Surrounding Uses
North C-1 Residential and Light Cotmnercial Activities
South PUD Grocery Store
East C-2 Office/Drive Through Restaurant
West PUD/RA-2 Retail Shopping Center/Apartments
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, and gas
stations.
' Staff Analysis
Checklist for a rezoning:
Yes No Notes:
Complies with Comprehensive Plan X Shown as Commercial on the Development Plan
Ma
Has access to an Arterial Street X Access to Southwest Blvd. a Minor Arterial
Has access to necessary utilities X Has adequate sewer access
Located outside flood zone X Not near flood zone
Meets minimum district size requirement X Would be an extension of the C-2 zoning in the area
Does not abut residential development X Partially abuts multifamily residential zoning
district
Located on highway or intersection X Located at 'unction of Rt. C and SW Blvd.
Benefit to City is substantial when compared to X The City would benefit from additional commercial
adverse affects on adjacent property land at a major intersection
The rezoning would not be a grant of privilege to X The rezoning would allow for additional
the owner with little or no benefit to the public commercial development in a commercialized area
After rezoning, the allowed uses would be X Much of the surrounding land is restricted to
compatible with uses allowed in adjacent districts specific uses through the PUD zoning district
After rezoning, the allowed uses would be X Most of the surrounding land is developed in a
compatible with adjacent existing land uses commercial manner
If not rezoned,the owner would be deprived of use X Much of the surrounding land is zoned PUD and is
advantages enjoyed by surrounding owners restricted in terms of allowed land uses
(reverses of zoning)
The requested rezoning would be an expansion of X The rezoning would be an expansion of existing
' an existing district commercial zones and adjacent PUD commercial
developments.
Approve Den
Staff Recommendation X
Case No. P07013 May 10, 2007
•
Traffic Access
The property currently has access to Southwest Boulevard via an existing entrance. The property also has access to
Missouri Route C via an easement across the neighboring property. Direct access to Route C or additional access to
Southwest Boulevard would not be granted due to safety and congestion concerns at this intersection.
Staff Recommendation
Being located at a major intersection in a commercialized area, the property lends itself well to a General
Commercial zoning designation. Staff recommends approval of the request to rezone the property from PUD to C-
2.
•
EXCERPT OF UNNAPPROVED MINUTES
• JEFFERSON CITY PLANNING AND ZONING COMMISSION
May 10, 2007
5:15 p.m.
COMMISSION MEMBERS PRESENT ATTENDANCE RECORD
Mike Berendzen, Chair 11 of 11
Bob George 7 of 11
David Hagan 8 of 11
John Lake 8 of 11
David Nunn 8 of 11
Chris Jordan, Alternate 11 of 11
Jack Deeken, Alternate 9 of 11
Chris Yarnell, Alternate 5 of 11
COMMISSION MEMBERS ABSENT
Randy Bickel 8 of 11
Rhonda Hoskins 6 of 11
Ralph Robinett, Vice Chairman
EX-OFFICIO MEMBERS
Dan Klindt, City Council Liaison 1 of 1
STAFF PRESENT
Janice McMillan, Deputy Director of Planning &Transportation Services
Eric Barron, Senior Planner
Drew Hilpert, Associate City Counselor
Shane Wade, Civil Engineer II
Bill Lockwood, Director of Parks and Recreation
' Anne Stratman, Administrative Assistant
Case No. P07013 - 1820 Southwest Boulevard; Rezoning. Request filed by Albert
Enterprises LLC, property owner, to rezone approximately 0.27 acres from PUD Planned Unit
Development to C-2 General Commercial. The property is located on the northern side of
Missouri Route C approximately 200 feet southwest of the intersection of Missouri Route C
and Southwest Boulevard. The property is described as part of the northwest quarter of the
northwest quarter of Section 24, Township 44 North, Range 12 West, Jefferson City, Cole
County, Missouri. (William Ernst, Consultant)
Mr. William Ernst, 708 Jefferson Street, Fulton, Missouri, spoke on behalf of the applicant.
Mr. Ernst explained that the applicant is requesting the subject property be rezoned to C-2
General Commercial, although the intended use is unknown. He stated that the subject property
has access to Southwest Boulevard from an existing drive entrance and to Route C from an
easement across the neighboring property.
No one spoke in opposition to this request and no correspondence was received.
Mr. Barron gave the Planning Division staff report and explained that direct access to Route C
or additional access to Southwest Boulevard would not be granted,due to safety and congestion
concerns at this intersection. He stated that staff recommends approval of the rezoning request.
Mr. Nunn stated that based on staff analysis the pros outweigh the cons and moved for
approval.
Mr. Nunn moved and Mr. Lake seconded to recommend approval of rezoning 1820
Southwest Boulevard from PUD to C-2, to the City Council. The motion passed 7-0 with the
following votes:
Aye: Deeken, George, Hagan, Jordan, Lake, Nunn, Yarnell