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Home My Public Portal AboutORD14209 BILL NO. 2007-22 SPONSORED BY COUNCILMAN KLINDT ORDINANCE NO. 14 2 1-2 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 1.52 ACRES FROM RA-2 HIGH DENSITY RESIDENTIAL TO C-1 NEIGHBORHOOD COMMERCIAL, THE PROPERTY LOCATED AT 3314 WEST TRUMAN BOULEVARD LOCATED IN PART OF SOUTHEAST QUARTER OF SECTION 4,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 RA-2 High Density Residential to C-1 Neighborhood Commercial: Part of the Southeast quarter of Section 4, Township 44 North, Range 12 West, in the City of Jefferson, Missouri, more particularly described as follows: From the northeast corner of the Southeast quarter of said Section 4; thence South along the Section line, 17.69 chains; thence South 61 degrees 20 minutes west, 5.028 chains to the beginning point of this description; thence North parallel with the Section line, 11.70 chains; thence South 61 degrees 20 minutes west, 1.675 chains; thence South 62 degrees west, 1.67 chains; thence South 65 degrees 30 minutes west, 1.63 chains;thence South 72 degrees 15 minutes west, 1.585 chains;thence South parallel with the Section line, 9.62 chains; thence North 84 degrees 40 minutes east, 6.32 chains, to the point of beginning, containing 6.6 acres more or less. EXCEPT that part conveyed to The City of Jefferson, Missouri, by deed of record in Book 278, Page 116, Cole County Recorder's Office. EXCEPT that part conveyed to State of Missouri by deed or record in Book 293, Page 835, Cole County Recorder's Office. Containing 1.52 acres more or less. Section 2. This ordinance shall be in full force and effect from and after its passage and approval. Passed: d Appro 7 Pre 'din rfficer Mayor ATTEST: A R V F Cit Cierk City unselor -1- • PUBLIC HEARING NOTICE Rezoning 3314 West Truman 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 3314 West Truman Boulevard from RA-2 High Density Residential to C-1 Neighborhood Commercial: Section 1. Property Description: Part of the Southeast quarter of Section 4, Township 44 North, Range 12 West, in the City of Jefferson, Missouri, more particularly described as follows: From the northeast corner of the Southeast quarter of said Section 4; thence South along the Section line, 17.69 chains; thence South 61 degrees 20 minutes west, 5.028 chains to the beginning point of this description;thence North parallel with the Section line, 11.70 chains;thence South 61 degrees 20 minutes west, 1.675 chains; thence South 62 degrees west, 1.67 chains; thence South 65 degrees 30 minutes west, 1.63 chains;thence South 72 degrees 15 minutes west, 1.585 chains; thence South parallel with the Section line, 9.62 chains; thence North 84 degrees 40 minutes east, 6.32 chains, to the point of beginning, containing 6.6 acres more or less. EXCEPT that part conveyed to The City of Jefferson, Missouri, by deed of record in Book 278, Page 116, Cole County Recorder's Office. EXCEPT that part conveyed to State of Missouri by deed or record in Book 293, Page 835, Cole County Recorder's Office. Containing 1.52 acres more or less. Section 2. Rezoning application. The property is proposed to be rezoned from RA-2 High Density Residential to C-1 Neighborhood 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 1 City of Jefferson • Planning & Zoning Commission VICINITY MAP > Z N M c - cn co J � N W+L 3314 W. Truman Blvd. s Rezoning to C-1 570 285 0 570 Feet i City of Jefferson Planning & Zoning Commission LOCATION MAP : 91A;>K drt�"+.t. ds.- aza'.i.�" '��,,�'�ib,• W t,:�ge J: � 1TaF�i c.f�y'�I'sst`�'�{it t #t"�'�� `'� � .�?�1§`� �'�,�^�a, �l� -s f �, Mir,`�� s g � i 5E iii,t �� z a� !?,,kk �f f`.+?f+h 3. .t��}�•�r�f't 1F��r;.t�'�,y *T K .�7 � dy;«+� �" r t i s 4 9 r �F # �}�� .•vv F�.y + 4 � r,a,�,n �r �� ' +. S �t F y "d' t �:: •�>,�.a4x�s'��F7 s s a Y 1 „�m� ;��'� �'� Sii ��`"a+^-,�� ' '`' �'Y�� x. :. is _ t�, .„N + + .F ''h.��cFgg�� 5r� � � y# ��`'" ��'� ty�u F'P``''Y,'��✓��— ;{ :�'9 i�;�� ,��--�c.r�i�'t� itS, ftJh-f13i412.�P4d'� g� .,§ K t a �� t+r �,f� ,p;� i• � i a .its �y � r sue""�. �t't't�� >~f yT }. �+4 � +, ��N ! kF"g• �y,�� i 1 ' tt�� P�ti 5t „t � �F Yt�k�� '�T � ��''f`� °f: �;8,Ali+ *� ��»`� v�•, �� . �`��F Tn Y 3 1 �prat�.F;ti.n��idii ,.� yi,�4 ,yy , '�,,,.. ��_ �F � tom.:. Ya` �;�,�1... a.+�v�t• �..s�` �t�'..� !�..its��! N W+G 3314 W. Truman Blvd. S Rezoning to C-1 260 130 0 260 Feet APPLICATION FOR ZONING ORDINANCE AMENDMENTS Dale RC6GVed. City of Jefferson - Planning Division Department of Community Development 320 East McCarty Street Jefferson City, Missouri 65101 Phone (5 73)634-64 10 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: X 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: 5'61A,6 W . 'C'ti u P+Vy ►y B W A. (oS loq Legal/Property Description: Sr-C- 1>rtrpcGt1LrAj S . NA11 ±'A 1't Who petition to rezone the above described real estate from its present status of RJS+ 2 to Gl district. The purpose of this rezoning request is to_1?e 1e_M IT a P.7rr c 0•i 4 F A- V�1tr t-u_.-t ni �i s c-ocu r -•�- Eon. ALL OWNERS OF REAL PROPERTY PROPOSED TO BE REZONED MUST SIGN THE A LICATION,AND ALL SIGNATURE MUST BE NOTARIZED. IF ADDITIONAL SIGNATURES ARE NEEDED, PLE A SEPA ATE SHEETS. -RONA i-D ►'�. M�"M I L t- I A/ . Property Owner#1 Name (type or print) Property Owner Signature Property Owner#2 Name (type or print) Property Owner Signature Subscribed and sworn before me this oy"l day of x"71--M in the ear n �DO / STEPHANIE L.BORGMEYER Notary Public-Notary Seal STATE OF MISSOURI Notary Public County of Cole Commission'#`6 5,6-5,6,419 Address of Property Owner#1: 2'*!O bA.%Lt-4 Irks w I- �1JFt'4�So�c u-►tir _ M.6 (oSloq , Address of Property Owner#2 Phone Number(s):(5-42,) $n-S Applicant Information (if different from property owner): Name: 1r E--PQ►Sp 42- S b , dF ST. o LIL-L . Address: !�cC> 3 D*Sor•J JC,6PV-GlZ.�o,s U r`-1 Y{V 6S 10 Phone Number b 3 OY - I L 8� For City Use Only: Application Filing Fee $200 Payment Received: Cash (Indicate Receipt# ) Check (Copy; indicate check# ) Attachments: Additional sheets or documentation Applicant/Project Information Sheet Location Map Page 1 of 1 May 6,2002 • John M. Hager and Pauline C. Warranty Deed Hager, husband and wife Dated, April 6th, 1990 TO Filed, Apr 23, 1990 Ronald R. McMillin, a at 10 :45 A.M. single person Book 321, Page 146 Consid. , $1.00 and other good and valuable consideration GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM, the following described lots, tracts or parcels of land lying, being and situate in the County of Cole, State of Missouri: Part of the Southeast quarter of Section 4 , Township 44 North, Range 12 West, in the City of Jefferson, Missouri, more particularly described as follows: From the northeast corner of the Southeast quarter of said Section 4; thence South along the • Section line, 17.69 chains; thence South 61 degrees 20 minutes west, 5 .028 chains to the beginning point of this description; thence North parallel with the Section line, 11 . 70 chains; thence South 61 degrees 20 minutes west, 1. 675 chains; thence South 62 degrees west, 1.67 chains; thence South 65 degrees 30 minutes west, 1. 63 chains; thence South 72 degrees 15 minutes west, 1.585 chains; thence South parallel with the Section line, 9. 62 chains; thence North 84 degrees 40 minutes east, 6 . 32 chains, to the point of beginning. Containing 6 . 6 acres , more or less. Bearings are Magnetic. EXCEPT that part conveyed to The City of Jefferson, Missouri, by deed of record in Book 278 , Page 116, Cole County Recorder' s Office. EXCEPT that part conveyed to State of Missouri by deed or record in Book 293, Page 835 , Cole County Recorder' s Office. In further consideration for this sale and purchase, Seller grants Buyer such easements rights over his adjoining property as necessary to install, provide and maintain sewer service to this real estate, either by hook-up with the city system or by installation of a pump station. Buyer agrees to minimize any inconvenience or burden on Seller' s property. Any disagreement as to the 1 Sp l FL T YL AS50 IATi(J 3-' n..ti r 5 Page 2 . Book 321, Page 146, cont' d. exercise of these easement rights shall be submitted to ding arbitration pursuant to Missouri law. COVENANTS of General Warranty against all persons. John M. Hager John M. Hager Pauline C. Hager Pauline C. Hager STATE OF MISSOURI ss. County of Cole Dated, April 6th, 1990 Before Donald C. Roark, Notary Public personally appeared John M. Hager and Pauline C. Hager, his wife known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. Notarial seal affixed. Term expires 5-14-1993 . -----0----- �y 1 �lG R A I d L�1Y1 4' i' Sy N� jm a. ��},y�,�n Y,}+'f"iF 10"R PI k L trdh"7l 't'lU r� � d} t ?XZ "' SY ,�q!i( { 1 } � .a.!�ae,,,,..�9�b. :...6� .2a.ad,�..;.iL.!�1 OF / �t ♦f I I \ o s City of Jefferson V _ 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 25 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. P07014 — 3314 W Truman Boulevard; Rezoning. Request filed by Ronald McMillin, property owner, to rezone approximately 1.52 acres from RA-2 High Density Residential to C-1 Neighborhood Commercial. The property is located on the north side of W Truman Boulevard approximately 600 feet east of Constitution Drive. The property is described as part of the Southeast quarter of Section 4, Township 44 North, Range 12 West, Jefferson City, Cole County, Missouri. (Gavin Bargate, 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 Eric Barron, AICP Senior Planner City or ii y.... • of erson t �rt COMMUNITY DEVELOPMENT ��►tl W `bUiidinq a b(tUc.,r:ommul ity" Jefferson City Plamiing&Zoning Commission Property Owners List Case No. P01014 3314 W. Truman Boulevard May 10, 2007 • Goldammer Family Limited Partnership Hilma Shippen 5511 Sonoma Place 3319 N. Ten Mile Drive Jefferson City, MO 65109 Jefferson City,MO 65109 3111 W. Truman Boulevard 3319 N. Ten Mile Drive 3315 W. Truman Boulevard Roger Hager 3222 Honey Creek Road Jefferson City, MO 65101 3327 N. Ten Mile Drive Jefferson City Residential, LLC 214 N. Scott Sikeston,MO 63801 3335 N. Ten Mile Drive Betty Lepper Sherry Beck Brenner 908 Sardonyx Drive Jefferson City, MO 65109 3305 N. Ten Mile Drive Ronald McMillin 2710 Barnhill Road • Jefferson City,MO 65109 3314 W. Truman Boulevard Division of Facilities Management Design&Constructioin Leasing Section 301 W. High Street Harry S. Truman Office Building, Rm. 840 Jefferson City, MO 65101 115 Constitution Drive 3315 W. Truman Boulevard James Parish 3315 N. Ten Mile Drive Jefferson City, MO 65109 3315 N. Ten Mile Drive Public Water Supply District#1 4346 Rainbow Drive Jefferson City,MO 65109 115 Constitution(Rear) Quadrant Enterprises, Inc. 5306 Poire Drive Jefferson City,MO 65109 3321 N. Ten Mile Drive C PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION May 10,2007 Case No. P07014 — 3314 W Truman Boulevard; Rezoning. Request filed by Ronald McMillin, property owner, to rezone approximately 1.52 acres from RA-2 High Density Residential to C-I Neighborhood Commercial. The property is located on the north side of W Truman Boulevard approximately 600 feet east of Constitution Drive. The property is described as part of the Southeast quarter of Section 4,Township 44 North, Range 12 West,Jefferson City,Cole County, Missouri. (Gavin Bargate,Consultant) Nature of Request The purpose of the rezoning request is to make the property available for a walk-in restaurant. A walk-in restaurant is a permitted use of the C-1 zoning district. Zoning and Surrounding Land Use Current Zoning: RA-2 High Density(Multi-Family)Residential Current Use: Vacant Land Requested Zoning: C-1 Neighborhood Cormmercial Intended Use: Conunercial Surrounding Zoning Surrounding Uses North RS-1 Single Family Residential South RA-2 State Office Building East RA-2 Vacant Land West C-O Vacant Land/State Office Building Allowed Uses: The C-1 Neighborhood Commercial zoning district allows for a variety of land uses including day care centers, hotel/motel (less than 50,000 sq. ft.), offices, banks, restaurants, walk-in and drive through restaurants, general retail, and laundromats. Common commercial uses not permitted within the C-1 zoning district include gas stations, taverns, motor vehicle repair, and vehicle sales. • 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 Truman Blvd. a Minor Arterial Has access to necessary utilities X A sewer line would need to be extended to the property Located outside flood zone X Not near flood zone Meets minimum district size requirement X 1.52 acres -Minimum district size is one acre Does not abut residential development X Abuts single family residential to the rear Benefit to City is substantial when compared to adverse X The City would benefit from additional affects on adjacent property commercial land along Truman Boulevard The rezoning would not be a grant of privilege to the X The rezoning would allow for additional owner with little or no benefit to the public commercial development in a commercial area After rezoning, the allowed uses would be compatible X The C-1 district differs from the surrounding C- with uses allowed in adjacent districts O districts and office developments in nearby RA-2 and PUD districts. After rezoning, the allowed uses would be compatible X The development trend in this section of with adjacent existing land uses Truman Blvd. is for office buildings rather than heavier forms of commercial development If not rezoned, the owner would be deprived of use X The property is one of only two vacant advantages enjoyed by surrounding owners (reverse residentially zoned properties in this area of spot zoning) Truman Blvd. The requested rezoning would be an expansion of an X There is no adjacent C-1 zoning, however,C-1 • existing district zoning does exist about 450 feet to the west Approve Deny Neutral Staff Recommendation X Case No. P07014 May 10, 2007 • Adiacent Property The land to the east of this parcel is currently for sale(as of 4-30-07)and numerous requests for information regarding the possibility of rezoning the land and the potential commercial development of the site have been received by city staff. In general,the inquiries have revolved around development of the property as an office or retail center but no rezoning applications or development plans have been received. The land to the north of this property is zoned single family residential and several houses exist with access off of North Ten Mile Drive. Each of these single family houses have a very large back yard and the nearest residential house is about 300 feet from the applicants property. Staff Recommendation Do to its location along Truman Boulevard, this property is well suited for both commercial and multi-family residential development. The 1996 comprehensive plan identified this area as being suitable for commercial development,however, this section of Truman Boulevard has generally been developed in an office commercial fashion. Staff is neutral on the rezoning request. • • 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. P07014 - 3314 W Truman Boulevard; Rezoning. Request filed by Ronald McMillin, property owner, to rezone approximately 1.52 acres from RA-2 High Density Residential to C-1 Neighborhood Commercial. The property is located on the north side of W Truman Boulevard approximately 600 feet east of Constitution Drive. The property is described as part of the Southeast quarter of Section 4, Township 44 North, Range 12 West, Jefferson City, Cole County, Missouri. (Gavin Bargate, Consultant) Mr. Gavin Bargate, 704 Primrose Lane, spoke on behalf of the applicant. Mr. Bargate explained that the purpose of the rezoning request is to construct an upscale restaurant on the subject 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, due to its location along Truman Boulevard, this property is well suited for both commercial and multi-family residential development. The 1996 comprehensive plan identified this area as being suitable for commercial development, however, this section of Truman Boulevard has generally been developed in an office commercial fashion. He stated that staff is neutral on the rezoning request. Mr. Nunn stated that the pros outweigh the cons and moved for approval. Mr. Nunn moved and Mr. George seconded to recommend approval of rezoning 3314 W. Truman Boulevard from RA-2 to C-1, to the City Council. The motion passed 7-0 with the following votes: • Aye: Deeken, George, Hagan, Jordan, Lake, Nunn, Yarnell