HomeMy Public PortalAboutORD14216 BILL NO. 2007-7
SPONSORED BY COUNCIL,PERS/ON LAYTON
ORDINANCE NO. 114 )-1(
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 3.7 ACRES FROM RS-2, RS-3, RD AND PUD TO C-1 NEIGHBORHOOD
COMMERCIAL, FOR PROPERTY LOCATED AT 904 EASTLAND DRIVE LOCATED IN PART OF
LOTS 2 AND 3 AND ALL OF LOTS 4, 5 AND 6 OF SCHOTTHILL WOODS SUBDIVISION, SECTION
ONE,AND PART OF RESERVED TRACT B OF CYPRESS POINT SUBDIVISION, SECTION TWO,
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 RS-2, RS-3, RD and PUD to
C-1 Neighborhood Commercial: Part of Lots 2 and 3, of "SCHOTTHILL WOODS SUBDIVISION
SECTION-ONE", as per plat of Record in Plat Book 11, Page 145, Cole County Recorder's Office;
more particularly described as follows: Beginning at the southwesterly corner of said Lot 3; thence
N85°52'50"E, along the southerly line of said Lot 3, 193.28 feet to the westerly line of Eastland Drive
as described in Book 360, Page 940,Cole County Recorder's Office;thence northwesterly,along said
westerly lines of Eastland Drive and Elm Street, as described in said Book 360, page 940, the
following courses: thence N15°59'43"W, 93.23 feet; thence N63°48'48"W, 165.23 feet; thence
N34°10'28"W, 64.05 feet to the westerly line of said Lot 2; thence, leaving said westerly lines of
Eastland Drive and Elm Street, SO4°16'30"E, along said westerly line of Lot 2 and Lot 3, 230.05 feet
to the point of beginning.
ALSO Lots 4, 5, and 6, of "SCHOTTHILL WOODS SUBDIVISION SECTION-ONE", as per
plat of record in Plat Book 11, Page 145; Cole County Recorder's Office, in the City of Jefferson, Cole
County, Missouri.
EXCEPTING that part conveyed to Missouri Highway and Transportation Commission,by deed
of record in Book 356, Page 725 and Book 360, Page 942, Cole County Recorder's Office.
Containing 92,456.4 square feet in Lots 2, 3, 4, 5, 6.
ALSO part of RESERVED TRACT'B', OF CYPRESS POINT SUBDIVISION SECTION II, as
per plat of record in Plat Book 12, Page 51, Cole County Recorder's Office, in the City of Jefferson,
Cole County, Missouri; more particularly described as follows: Beginning at the northeasterly corner
of said RESERVED TRACT'B';thence SO4'1 6'30"E,along the easterly boundary of said RESERVED
TRACT 'B', 431.69 feet; thence S85°43'30"W, 25.22 feet; thence N37°14'27"W, 458.93 feet to the
northerly boundary of said RESERVED TRACT'B';thence N56°54'04"E,along the northerly boundary
of said RESERVED TRACT'B', 81.36 feet;thence N83°38'1 3"E, along the northerly boundary of said
RESERVED TRACT 'B', 203.80 feet to the point of beginning. Containing 67,929.6 square feet.
Containing 3.7 acres, more or less.
-1-
Section 2. This ordinance shall be in full force and effect from and after its passage and
approval.
Passed: 1v jppr /,
Presid' g O icer y
AT T: APP VE O FORM:
City Clepk City nuns for
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PUBLIC HEARING NOTICE
Rezoning 904 Eastland Drive and Adjacent Land
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 the property addressed as 904 Eastland Drive from RS-2, RS-
3, RD and PUD to C-1 Neighborhood Commercial:
Section 1. Property Description: Part of Lots 2 and 3, of "SCHOTTHILL WOODS
SUBDIVISION SECTION —ONE", as per plat of Record in Plat Book 11, Page 145, Cole County
Recorder's Office; more particularly described as follows: Beginning at the southwesterly corner
of said Lot 3;thence N85°52'50"E,along the southerly line of said Lot 3, 193.28 feet to the westerly
line of Eastland Drive as described in Book 360, Page 940, Cole County Recorder's Office;thence
northwesterly,along said westerly lines of Eastland Drive and Elm Street,as described in said Book
360, page 940, the following courses: thence N15°59'43"W, 93.23 feet; thence N63°48'48"W,
165.23 feet;thence N34°10'28"W, 64.05 feet to the westerly line of said Lot 2;thence, leaving said
westerly lines of Eastland Drive and Elm Street, SO4°16'30"E,along said westerly line of Lot 2 and
Lot 3, 230.05 feet to the point of beginning.
ALSO Lots 4, 5, and 6, of "SCHOTTHILL WOODS SUBDIVISION SECTION — ONE", as
per plat of record in Plat Book 11, Page 145; Cole County Recorder's Office, in the City of
Jefferson, Cole County, Missouri.
EXCEPTING that part conveyed to Missouri Highway and Transportation Commission, by
deed of record in Book 356, Page 725 and Book 360, Page 942, Cole County Recorder's Office.
Containing 92,456.4 square feet in Lots 2, 3, 4, 5, 6.
ALSO part of RESERVED TRACT `B', OF CYPRESS POINT SUBDIVISION SECTION II,
as per plat of record in Plat Book 12, Page 51, Cole County Recorder's Office, in the City of
Jefferson, Cole County, Missouri; more particularly described as follows: Beginning at the
northeasterly corner of said RESERVED TRACT 'B'; thence SO4°16'30"E, along the easterly
boundary of said RESERVED TRACT 'B', 431.69 feet; thence S85°43'30"W, 25.22 feet; thence
N37°14'27"W, 458.93 feet to the northerly boundary of said RESERVED TRACT `B'; thence
N56°54'04"E, along the northerly boundary of said RESERVED TRACT `B', 81.36 feet; thence
N83°38'13"E,along the northerly boundary of said RESERVED TRACT'B',203.80 feet to the point
of beginning. Containing 67,929.6 square feet. Containing 3.7 acres, more or less.
Section 2. Rezoning application. The property is proposed to be rezoned from RS-2, RS-3,
RD and PUD to C-1 Neighborhood Commercial.
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
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�D r zoos N/'SN996" 4� N I JEFFERSON CITY MO.65101
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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:
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: NI D 1 6N CITY MO S/Ol
Legal/Property Description: C )W j 1317_ A f3 7'RC H X y
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Who petition to rezone the above described real estate from its present status of (SEC SURVEy ORAWmeo
to C-1 district. The purpose of this rezoning request is to_ MH kr-
Y F*Q R R 1:�J'MaNCl A I- rm.5T t r uT/D/\/
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.
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Property Owner#9 Name (type or print) Property Owner Signature
N,4o rvt f (/Ac. TZZR (,rRys7g,E)
Property Owner#2 Name (type or print) Property Owne Signature
Subs ffl �GrSpSfore me this day of in the year�.
STATE OF MISSOURI
County of Cole f NPI;-PO.LicAko�f A2-g�
My Commission Expires: Dec. 19,2008 Notary P b c
Commission#04649753
Address of Property Owner#1: lR61 E MC C/j(R T" ' ST. r4o
Address of Property Owner#2 /h US�AN A AND P�yIF E
Phone Number(s):
Applicant Information (if different from property owner):
Name:
Address:
Phone Number
For City Use Only: Application Filing Fee$200
Payment Received:
Uchmen Cash (Indicate Receipt # ) Check (Copy; indicate check#ts:
Additional sheets or documentation Applicant/Project Information Sheet Location Map
Page 1 of 1 May 6,2002
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EXCHANGE
BANK
TRACT B-1, PART OF LOTS 2, 3, 4, 5, 6, TO BE REZONED z
TOTAL AREA TO BE REZONED = 160386 SQ. FT. fi, McDONALDS
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a T ,� s 67929.6 sq ft a � DUPLEX I
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BRADY DRIVE \ �' .� z � DRIVE (60' R1W)
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fEgL D P pB SU ^v� o -— — — — —- } 2610 BALD FALL ROAD
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2001 BRADY 9ss 4� �; I JEFFERSON C1' MO.65101
BRADY DRIVE 0 D oIN 8' ' I REZONING SURVEY
PEGGY B.ROEMER NSFCT/OI I LOUIS VETTER
904 Eastland Drive
Rezoning from RS-2, RS-3, RD & PUD to C-1
03/08/2007 09:36 573-7610779 MID MU SURVEYING PAGE 02/02
i
. Louis H. and.Naomi J. Vetter
SIT"A„ Trust Property on Eastland Drive
Part of Lots 2 and 3,of"SCHOTTML WOODS SUBDIVISION SECTION-ONE",as per plat
of record inTlat Book 11, Page 145,Cole County Recorder's Office;more particularly described
as follows: Begi nxiing at the southwesterly comer of said Lot 3;thence N85°52'50"E, along the
southerly.1izne of said Lot 3, 193.28 feet to the westerly line of Eastland Drive as described in
Book 360, Page 940,Cole County Recorder's Office;thence northwesterly,along said westerly
lines of Eastland Drive and Elan Street,as described in said Book 360,page 940,the following
courses: thcaec N1 5'5943"W,93.23 feet,thence N63°484VW, 165.23 feet;thence
N34 010'28"W, 64.05 feet to the westerly line of said Lot 2;thence,leaving said westerly lines of
Eastland Drive and Ebn Street, SO4°16'30"E,along said westerly line of Lot 2 and Lot 3, 230.05
feet to the point of beginning.
ALSO Lots 4,5,and 6,of"SCHOT IMU WOODS SUBDIVISION SECTION-ONE",as per
plat of record in Plat Book 11,Page 145;Cole County Recorder's Office,in the City of Jefferson,
Cole County,Ivlissouiri.
EXCEPTING that part conveyed to Missouri Highway and Transportation Commission,by deed
of record in Book 356,Page 725 and Book 360,Page 942, Cole County Recorder's Office.
Containing 92,456.4 square feet in Lots 2,3,4, 5, 6.
ALSO part of RESERVED TRA.CT'B',of CYPRESS POINT SUBDIVISION SECTION IL as
• per plat of record in Plat Book 12,Page 51,Cole County Recordees Office,in the City of
Jefferson,Cole County,Iv,(issouri;more particularly described as follows:Begivaniug at the
northeasterly corner of said RESERVED TRACT'B';tbmce SO4°16'30"E along the easterly
boundary of said RESERVED TRACT'B',431.69 feet;thence S85 043'30"W,25.22 feet;thence
N3 7"14'27"W,458.93 feet to the northerly boundary of said RESERVED TRACT'B ; thence
N56°54'04'E, along the northerly boundary of said RESERVED TRACT 'B',81.36 feet;thence
N83°38'1 3"E,along the northerly boundarj of said RESERVED TRACT'B',203.80 feet to the
point of beo=i ag.
Containing 67,929.6 square feet
•
``�� OF it
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John Landwehr
City of Jefferson � m
Mayor
• Department of Community Development Patrick E.Sullivan, P.E.; Director
320 East McCarty Street Phone: (573) 634-6410
Jefferson City, Missouri 65101 s Fax: (573) 634-6457
April 5, 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, 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. P07010 — 904 Eastland Drive; Rezoning. Request filed by Louis and Naomi
Vetter, property owners, to rezone approximately 3.5 acres from RS-2, RS-3, RD, and PUD
to C-1 Neighborhood Commercial. The property is located on the southwest corner of the
intersection of East Elm Street and Eastland Drive. The property is described as part of lots
2 and 3 and all of lots 4, 5, and 6 of Schotthill Woods Subdivision Section One and part of
Reserved Tract B of Cypress Point Subdivision Section Two, 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 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
CI �G
Eric Barron, AICP
Senior Planner
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COMMUNITY DEVELOPMENT a better :7c>n -ri._;r-:t:r`
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Jefferson City Planning&Zoning Conunission Page 1
Property Owners List
Case No. P07010 904 Eastland Drive April 12,2007
• Terry & Lynn Armour Jefferson Bank of Missouri
1915 Brady Drive 700 Southwest Boulevard
Jefferson City, MO 65101 Jefferson City, MO 65109
1915 Brady Drive 901 Eastland Drive
Dan& Lisa Boeckman Kevin & Jacquelyn Kampeter
2013 Brady Drive 924 Eastland Drive
Jefferson City, MO 65101 Jefferson City, MO 65109
2013 Brady Drive 924 Eastland Drive
Ralph & Margaret Butler Kurt & Lisa Mankin
1903 Brady Drive 2135 Deer Trail
Jefferson City, MO 65101 Jefferson City, MO 65101
1903 Brady Drive 2000 Schotthill Woods Drive
CAC Real Estate, LLP McDonalds Corporation
PO Box 22845 219 E. Dunklin Street, #B
Oklahoma City, OK 73123 Jefferson City, MO 65101
2005 Schotthill Woods Drive 815 Eastland Drive
Charles & Patricia Castleman Bertha McMillian
1907 Brady Drive 2001 Brady Drive
• Jefferson City, MO 65101 Jefferson City, MO 65101
1907 Brady Drive 2001 Brady Drive
Exchange National Bank of Jefferson Peggy Roemer
City 2005 Brady Drive
132 E. High Street Jefferson City, MO 65101
Jefferson City, MO 65101 2005 Brady Drive
800 Eastland Drive
Sherri Russell
Travis & Jennifer Ford 908 County Road 501
1919 Brady Drive Jefferson City, MO 65101
Jefferson City, MO 65101 1820 E. Elm Street
1919 Brady Drive
Alfred & Irma Schmitz
Pauline Gardner 1004 Eastland Drive
2007 Fox Trail Jefferson City, MO 65101
Jefferson City, MO 65101 1004 Eastland Drive
2007 Fox Trail
Cody & Susanna Sharp
Gary & Lisa Heislen 1911 Brady Drive
920 Eastland Drive Jefferson City, MO 65101
Jefferson City, MO 65101 1911 Brady Drive
• 920 Eastland Drive
Jefferson City Planning&Zoning Commission Page 2
Property Owners List
Case No. P07010 904 Eastland Drive April 12, 2007
• Louis & Naomi Vetter
1801 E. McCarty Street
Jefferson City, MO 65101
1900 Brady Drive
Colleen Welter
Nancy Wright
2009 Brady Lane
Jefferson City, MO 65101
2009 Brady Drive
Shari Wilson
2001 Fox Trail
Jefferson City, MO 65101
2001 Fox Trail
•
PLANNING STAFF REPORT
JEFFERSON CITY PLANNING AND ZONING COMMISSION
April 12,2007
Case No. P07010 — 904 Eastland Drive; Rezoning. Request filed by Louis and Naomi Vetter, property owners, to
zone approximately 3.5 acres from RS-2, RS-3, RD, and PUD to C-1 Neighborhood Commercial. The property is
cated on the southwest corner of the intersection of East Elm Street and Eastland Drive. The property is described as
part of lots 2 and 3 and all of lots 4, 5, and 6 of Schotthill Woods Subdivision Section One and part of Reserved Tract B
of Cypress Point Subdivision Section Two, Jefferson City, Cole County, Missouri.
Correspondence
Correspondence will be distributed at the meeting. (none received as of 4-4-07)
Zoning and Surrounding Land Use
Current Zoning: RS-2,RS-3,RD, and PUD Current Use: Residential Duplex
Requested Zoning: C-1 Neighborhood Commercial Intended Use: Commercial
Surrounding Zoning Surrounding Uses
North PUD Bank
South RS-2 Sin le Family Residential
East PUD Bank/Restaurant
West RS-3 Single Family Residential
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, 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 small area rezoning:
An Yes No Notes:
Wraplies with Comprehensive Plan X The Eastland Drive/Hwy 50 area is shown
as a commercial hub.
Has access to an Arterial Street X Eastland Drive is classified as an arterial
street
Has access to necessary utilities X Has adequate sewer service access
Located outside flood zone X Not near flood zone
Meets minimum district size requirement X Minimum District Size is one acre
Does not abut residential development X Abuts Cypress Point Subdivision to the rear
Located on highway or intersection X Located at intersection of Eastland Drive
and Elm Street
Benefit to City is substantial when compared to adverse X The City would benefit from the additional
affects on adjacent property commercial land near a major highway
interchange(Hwy 50/Eastland Drive)
The rezoning would not be a grant of privilege to the owner X The rezoning would allow for additional
with little or no benefit to the public commercial development along Eastland Dr.
After rezoning, the allowed uses would be compatible with X. The use would conflict with the existing
uses allowed in adjacent districts residential but would be compatible with
existing commercial uses.
After rezoning, the allowed uses would be compatible with X The adjacent area along Eastland Drive has
adjacent existing land uses been developed in a commercial manner
If not rezoned, the owner would be deprived of use X Land opposite of this property along
advantages enjoyed by surrounding owners (reverse spot Eastland Drive allows for commercial use.
C g)
requested rezoning would be an expansion of an X The adjacent PUD is of a commercial nature
ng district
Case No. P07010 April 12, 2007
Approve Den
aff Recommendation X
Nature of Request
The purpose of the rezoning request is to make the property available for a financial institution. City staff are currently
in discussions with the property owner about the possibility of dedicating right-of-way in order to realign East Elm
Street with Schotthill Woods Drive. The property owner is asking for a rezoning of the land lying (generally) east of
the proposed Elm Street realignment, leaving the land west of the new roadway zoned RS-3 single family residential.
•
•
CORRESPONDENCE RECEIVED
After April 12, 2007
904 Eastland Drive
Rezoning from RS-2, RS-3, RD and PUD to C-1
Sender Senders How Date
Address Received Received
Travis Ford 1919 Brady Drive Email 4/19/2007
Dean Castleman 1907 Brady Drive Email 4/4/16/2007
Terry Armour 1915 Brady Drive Email 4/13/2007
i
v�V
• "Travis Ford" To <JMcMillan @jeffcitymo.org>
' c <tford @mchsi.com>
cc
04/19/2007 10:59 PM
bcc
Subject Brady Drive case
History: 1 This message has been replied to.
Janice: Thanks again for the meeting Thursday night. A couple of questions
or favors:
1. Can you point me to the city ordinance that requires buffers between
commercial and residential zones? I believe you said it was enacted in 2002.
2 . I'm trying to picture this 30-foot cliff. Can you point me to a cliff
here in town that would be similar height -- where Hwy 50 goes out west of
the tri-level, etc? I would like to take a look at one to get a feel for how
big this drop-off will be.
Thank you.
Janice McMillan/JeffCity To Anne Stratman/JeffCity @JeffCity
• 04/17/2007 08:50 AM cc
bcc
Subject Eastland Rezoning Application-PZ Case No. P07010
Anne,
Please include a copy of this email with the above-referenced case file that is sent to the City Council.
--j m
-----Forwarded by Janice McMillan/JeffCity on 04/17/2007 08:47 AM-----
Bonnie Schroder/JeffCity
04/17/2007 08:44 AM To Janice McMillan/JeffCity @JeffCity
/Nizv cc Steve Ras mussen/JeffCity@JeffCity;Pat
Sullivan/JeffCity@JeffCity
Subject Note from Mayor Landwehr
Janice,
Please note the Mayor's request to include the email from Mr. Castelan in the file on this zoning matter.
Bonnie Schroder, CPS
City Administrator's Office
Phone: 573-634-6304
• -----Forwarded by Bonnie Schroder/JeffCity on 04/17/2007 08:42 AM-----
"John D. Landwehr"
<'landwehr cvdl.net>
)I (� To <BSchroder @jeffcitymo.org>
. ° 04/17/2007 08:16 AM cc
Subject RE:Web site message from Dean For Mayor John
Landwehr
Please let Mr. Castleman know that we appreciate his comments and we
will pass them on to staff and the council.
Then please copy his comments and have staff make them part of the file
to be eventually provided to the council in the context of the hearing.
-----Original Message-----
From: BSchroder @jeffcitymo.org [mail to:BSchroder @jeffcitymo.org]
Sent: Tuesday, April 17, 2007 8:14 AM
To: John D. Landwehr
Subject: Fw: Web site message from Dean For Mayor John Landwehr
• Bonnie Schroder, CPS
City Administrator's Office
Phone: 573-634-6304
----- Forwarded by Bonnie Schroder/JeffCity on 04/17/2007 08:13 AM -----
•
<cdcastl @us.ibm.c
om>
To
04/16/2007 11:05 <jladdwehr @jeffcitymo.org>
AM
cc
Subject
Web site message from Dean For
Mayor John Landwehr
•
Honorable Mayor Landwehr,
My name is Dean Castleman and I live at 1907 Brady Drive, Jefferson
City.
I purchased this property October 2004, moving from 224 WestPoint Jeff
City.
I have worked for IBM for 39 years and have lived in Jefferson City
since 1988, raising 3 children, who attended Helias High School, Lincoln
U and Columbia College. We love Jeff City and are not opposed to growth
that enhances life in Jefferson City.
However I am opposed to the rezoning of 904 Eastland Drive and building
a road in my back yard that is currently tree lined, have deer feeding
and was zoned residential when I moved to this location. I understand
the zoning commission vetoed the rezoning request on April 12th, and
that the city council has scheduled another hearing on May 21st. I am
not familiar with the process, but have been told the council can
override the commission. Below I have outlined my concerns and hope you
and the council will consider all the people of Jefferson City, not just
a few.
• 1. 10/2004 purchased home 6 months old for $175, 000, plot survey
attached to my title policy states property located behind me is zoned
residential 2. Deed small portion to me isn't important, as I see that
• as Real Estate Tax Increase.
3 . Very Expensive new road makes no since to my neighbors or me. Elm
street is very sufficient for releasing traffic from Exchange, Jefferson
Bank and
McDonalds, Gerbes. It also slows speed on Eastland and doesn't
run through anyone's back yard.
4. Should bank be approved, sufficient access from Elm and Eastland as
well as build a brick wall and tree buffer from our back yards on Brady.
The other option would be to purchase our homes at market value,
build the road and buffer, then all homes would be across the street
from buffer.
I downsized from Monticello acres to retire someday on Brady and ensured
the land behind me was zoned residential. Sure hope we can save it.
Thank you very much for your valuable time and for listening to the
people!
Dean
Castleman
1907 Brady Drive
Jefferson
MO
65101
573-634-8302
cdcastl @us.ibm.com
• I
•
Ellen Stegeman/JeffCity To Janice McMillan/JeffCity @JeffCity, Charlie
`•:a:
04/16/2007 08:11 AM Lansford/JeffCity @JeffCity, Pat Sullivan/JeffCity @JeffCity,
s � s; Eric Barron/JeffCity @JeffCity,Anne
r cc
t ..n
bcc
Subject Fw:Web site message from:Terry From CD complaint form
-----Forwarded by Ellen Stegeman/JeffCity on 04/16/2007 08:10 AM-----
<terryarmour@earthlink.net>
04/13/2007 10:47 PM To <estegeman @jeffcitymo.org>
+ cc <bwunderlich @jeffcitymo.org>
Subject Web site message from:Terry From CD complaint form
Planning & Zoning Dept.
Novelist Ellen Glasgow once wrote, "ALL CHANGE IS NOT GROWTH. . .ALL MOVEMENT IS
NOT FORWARD. " Nowhere is that more true than in your recent decision to the
Planning & Zoning Commission to Rezone a portion of land on Eastland Drive.
The people had strength in numbers, strength in arguments and we won this
battle.
However, it looks as though the battle has just begun.
First, citizens found land that was zoned Residential and that impacted their
reasoning in buying or building their homes. When a buyer takes a look at the
zoning map, they can determine what type of home/business can be built in
their immediate area. When the homeowners of Brady Drive & Eastland Drive
built or bought their homes, the map told them, at most, more single-family
homes may pop up. Changing the game after we bought in seems like a violation
of that contract between the City and its
people.
We all believe in Jefferson City and our elected officials. We are confused at
how city staff arrives at some of their decisions.
It seems there is no consideration of the people. It's just a matter of
legalities.
Please contact me at your convenience. The citizens of Brady Drive would like
to meet with you to discuss our feelings.
Thank You!
Terry Armour
Terry Armour
1915 Brady Drive
Jefferson City
MO
65101
573-690-2741
terryarmour @earthlink.net
•
PLANNING AND ZONING COMMISSION
• CORRESPONDENCE RECEIVED
Case No. P07010
April 12, 2007
Sender Senders How Date
Address Received Received
Rex & Carol Eighmey 1003 Eastland Drive Hand delivered 4/12/2007
Travis Ford 1919 Brady Drive Email 4/11/2007
Bertha McMillian 2001 Brady Drive Email 4/10/2007
•
I
Rex and Carol Eighmey
® 1003 Eastland Drive, Jefferson City, MO 65101-3897 Telephone:573-634-2190
- - -- - - - - - - - - - - - --------------------------------------------------------------------
April 11, 2007
Jefferson City Dept. of Community Development/Planning Division
John G. Christy Municipal Building
320 E. McCarty Street
Jefferson City, MO 65101
RE: Case No. P07010 — 904 Eastland Drive; Rezoning
We are writing to oppose the rezoning of the identified properties for commercial
use.
We own the house on the corner of Eastland and Foxtrail. The residences on
Foxtrail and Eastland Drive were all built as part of a planned residential
development of the entire area. Subsequently, the city abandoned this plan and
allowed dramatic changes to the terrain to accommodate commercial
development along Eastland and Schotthill Woods. The rezoning request
® currently being considered would further erode the residential nature of the area.
It is our understanding that the City requires a green zone barrier between
residential and commercial areas. This rezoning request clearly does not
include or allow for such a zone.
We have been told that, once the rezoning is accomplished, there is a plan to
reroute Elm Street to intersect with Schotthill Woods. To accomplish this,
blasting will be required to lower the current elevation by 25 feet, eliminating the
existing hill and tree line and further reducing the values of the residential
properties in the neighborhood. We understand that this planned change to Elm
Street is not currently under consideration, but would request that the City's
entire plan for the area, including street changes, be fully explained to the
Planning and Zoning Commission, the City Council, and the residents of the
area, before a decision is made on this rezoning request, so that you can make
a fully informed decision.
Sincerely,
f
Rex and Carol Eighmey
E 1 2 2oa7
LL iT DL': _Or::!�MT
"Travis Ford" <tford @mchsi.com>
04/11/2007 11:03 PM
To<j cplanning@j effcitymo.org>
cc
Subject Case No. P07010
To the Jefferson City Planning and Zoning Commission:
As residents of Brady Drive, near the proposed area of rezoning, we object to the request
by Louis and Naomi Vetter, to rezone the property in question to C-1 Neighborhood
Commercial.
Ours is a unique neighborhood in Jefferson City. We are just a block from Eastland
Drive, and just a few blocks from Highway 50. Yet the back yards on our side of the
street feature a beautiful rustic setting with a large field and a buffer of lush trees
separating us from office buildings and stores nearby.
With two young children and a dog, the backyard is an ideal setting for us. The natural
buffer of the trees makes a fence unnecessary.
While we and our neighbors don't own that land behind our homes, we have taken care of
it as if we did, through mowing, trash removal and other upkeep.
With this rezoning, that setting would be gone.
We recognize that economic development and growth are the lifeblood of any city, and
the commission is right to pursue both. But the city also benefits by offering a quaint
neighborhood such as this in the middle of a busy part of town. There is no shortage of
financial institutions in Jefferson City. Adding one more is not worth the deterioration in
quality of life this rezoning would cause the residents in this area.
Thank you for your consideration,
Travis and Jenni Ford
1919 Brady Dr.
893-2625
•
At R 1 0 2007
April 7, 2007
Jefferson City Dept. of Community Development/Planning Division
John G. Christy Municipal Building
320 E. McCarty Street
Jefferson City, MO 65101
RE: Case No. P07010 - 904 Eastland Drive; Rezoning
I adamantly oppose the rezoning of the identified properties for commercial
use, and the subsequent rerouting of the portion-of Elm Street that now
intersects with Eastland Drive.
I am the homeowner at 2001 Brady Drive, Cypress Point Subdivision. I
purchased my home while it was under construction, and have resided in my
home since January 1999. At the time I purchased my home, I asked
specific questions about the property identified as "part of Reserved Tract
B of Cypress Point Subdivision Section Two." Mark Russell informed me that
this unused tract was "common area for the,use and enjoyment of Cypress
Point Subdivision homeowners." If I had known this property would be
rezoned and a street installed, I never would have purchased property in
Cypress Point.
The homeowners on Brady Drive are the ones who have p Y
h Y sicall maintained
the "Reserved Tract B" land abutting our properties for the past seven to
eight years. We have abided by the convenants and restrictions established
by the Cypress Point Subdivision developers, and maintained this "reserved"
area in the same manner as our lawns. Obviously, the proposed repurposing
of the land will negatively impact the value of several upper middle-class
residential properties. One only needs to look at the length of time homes
have been listed for sale on Fox Court abutting Schotthill Woods Drive to
know that residential properties on Eastland and Brady Drives will be
adversely impacted.
As a resident of Jefferson City, I have been under the impression that
there is a requirement to have established'green zone barriers between
residential and commercial areas:" I don't see Fiow this will be ' ossible with
the proposed changes in use of the subject land areas. I was told by Harold
•
McDowell, the realtor involved in the purchase/sale of the affected land
• areas, that blasting will be required to lower the current elevation by 25
feet. That means the hill and tree line between Brady Drive homes and
Elm/Eastland will be destroyed, completely eliminating all noise and
environmental barriers that were in place at the time we purchased our
homes/home sites.
Questions:
1. Have any traffic or noise studies been completed to weigh the impact of
the proposed changes?
2. What is the perceived benefit to rerouting a portion of Elm Street?
3. Who benefits from the proposed rezoning? Certainly not the area
residents, or the already-established businesses in the area.
4. Will the current Elm Street/Eastland Drive intersection be closed with
the proposed rerouting of Elm Street to intersect with Schotthill Woods
Drive?
5. What is the economic impact to the City if the zoning change is not
made?
• Before rezoning is approved, I respectfully request that the members of the
Planning and Zoning Commission and our elected City officials visit the
impacted residential areas on Eastland and Brady Drives. Ask yourselves if
you would want a street rerouted within a few feet of your property lines,
and have your homes subjected to close-proximity rock blasting. Commercial
zoning of the referenced properties should have been done before Cypress
Point Subdivision was established, not after the homeowners have invested
our time, money and lives in maintaining an extremely attractive residential
area. The homeowners on Eastland and Brady Drives should not have to pay
the penalty for inadequate property development foresight by others.
I urge your careful consideration of the adverse impact on all affected area
properties, especially the residential properties. Thank you.
C
Bertha S. cMil ian, Property Owner
2001 Brady Drive
EXCERPT OF UNNAPPROVED 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. P07010 — 904 Eastland Drive; Rezoning. Request filed by Louis and Naomi Vetter,
property owners, to rezone approximately 3.5 acres from RS-2, RS-3, RD, and PUD to C-1
Neighborhood Commercial. The property is located on the southwest corner of the intersection
of East Elm Street and Eastland Drive. The property is described as part of lots 2 and 3 and all
of lots 4, 5, and 6 of Schotthill Woods Subdivision Section One and part of Reserved Tract B of
Cypress Point Subdivision Section Two, Jefferson City, Cole County, Missouri.
Mr. John Kuebler, Attorney at Law, 221 Bolivar Street, spoke on behalf of the applicants.
Mr. Kuebler stated that rezoning the subject property to C-1 Neighborhood Commercial would
allow for the sale and potential development of a financial institution. He explained that, in the
event of the realignment of East Elm Street with Schotthill Woods Drive, the property owner
would enter into a development agreement with the city to dedicate the right of way.
Mr. Duane Schreimann, Schreimann, Rackers, Francka & Blunt, LLC, 2316 St. Mary's
Boulevard, Suite 130, spoke on behalf of the proposed financial institution. Mr. Schreimann
explained that they were approached by the City about the possible relocation of East Elm
Street. He stated that the prospective purchaser is agreeable to entering into a
development agreement with the city to dedicate the right of way.
•
Excerpt of Unapproved Minutes/Jefferson City Planning &Zoning Commission Page 2
• April 12, 2007
The following individuals spoke in opposition to the proposed rezoning request:
Gary Heislen, 920 Eastland Drive
Terry Armour, 1915 Brady Drive
Travis Ford, 1919 Brady Drive
Kevin Kampeter, 924 Eastland Drive
Tom Fennessy, 2008 Fox Trail
Carol Eighmey, 1003 Eastland Drive
Irma Schmitz, 1004 Eastland Drive
Bert McMillian, 2001 Brady Drive
Colleen Welter, 2009 Brady Drive
Rex Eighmey, 1003 Eastland Drive
The following concerns were voiced by those speaking in opposition to the proposed
rezoning request:
1. Lack of sufficient buffer between the residential neighborhood and the proposed
commercial development;
2. Depreciation of property values;
3. Change the integrity and character of the neighborhood;
4. Increase in traffic causing additional safety issues;
5. Encroachment of commercial development into a residential neighborhood.
Correspondence in opposition to the proposed rezoning request was received from the
following individuals:
• Rex and Carol Eighmey, 1003 Eastland Drive
Travis and Jenni Ford, 1919 Brady Drive
Bertha McMillian, 2001 Brady Drive
Mr. Kuebler clarified that the distance between the proposed rezoning area and current lot
lines averages about 70 feet. He stated that the property to the west is currently zoned RS-3,
which could be developed in accordance with the RS-3 zoning district standards. Mr. Kuebler
explained that the large tract of land immediately north of the subject site is zoned PUD, which
could be developed as commercial in accordance with the PUD zoning district standards.
Mr. Schreimann explained that PUD zoning would be acceptable under other circumstances
but due to the time constraint with the potential purchase of the subject property it would not be
feasible.
Mr. Gary Heislen, 920 Eastland Drive, stated that the area to the south of Eastland Drive is
vacant and more than adequate for commercial development. He stated that, at one time, the
residents were told that all commercial development would be located south of Eastland Drive.
Mr. Barron gave the Planning Division staff report and explained the allowed and prohibited
uses in the C-1 zoning district. He stated that staff discussed rezoning the subject property to
PUD with the applicant, but the applicant chose to submit an application to rezone the subject
property to C-1 instead.
•
Excerpt of Unapproved Minutes/Jefferson City Planning &Zoning Commission Page 3
April 12, 2007
Ms. McMillan presented a planning document which depicts a conceptual alignment that
might occur with the realignment of East Elm Street and Schotthill Woods Drive. She stated that
currently it is just a planning document that indicates a future desire to connect those streets and
no final or preliminary design has been done. Ms. McMillan explained that when you look at
transportation planning on a long range basis, connecting outer roads and having a continuous
transportation network is an important function for the city. She stated that with the potential for
Walmart to locate at City View Drive and U.S Highway 50/63, it would be desirable to have a
continuous street network in this area of town.
In response to inquiries regarding buffer requirements, Ms. McMillan explained that prior to
2002 there were no buffer requirements, unless the development was in a planned district and
the buffer was part of the approved plan. She stated that the unzoned area in Reserve Tract B
more than satisfied the buffer requirement.
Mr. Bickel left at 6:40 p.m. Chairman Berendzen appointed Mr. Jordan as a voting member.
Mr. Nunn moved and Ms. Hoskins seconded to recommend approval of rezoning 904
Eastland Drive from RS-2, RS-3, RD and PUD to C-1, to the City Council. The motion failed 3-5
with the following votes:
Aye: Deeken, George, Hoskins
Nay: Hagan, Jordan, Koon, Lake, Nunn