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HomeMy Public PortalAboutORD14195 BILL NO. 2007-8 • SPONSORED BY COUNCILPERSON LAYTON ORDINANCE NO. /"4 I q5_ 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 4.43 ACRES FROM RS-1 LOW DENSITY RESIDENTIAL TO C-1 NEIGHBORHOOD COMMERCIAL, FOR PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF THE INTERSECTION OF MISSOURI BOULEVARD AND HIGHWAY 179 AND AT THE INTERSECTION OF TOMLEE ROAD AND SOUTH TEN MILE DRIVE, LOCATED IN LOTS 21, 22 AND PART OF LOTS 23 AND 24 OF KENBORG HILLS SUBDIVISION AND SIX METES AND BOUNDS PARCELS LOCATED IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 44, RANGE 12, 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 RS-1 Low Density Residential to C-1 Neighborhood Commercial: 614 Tomlee Road: Lots Numbers Twenty-Three (23) and Twenty-Four (24) of KENBORG HILLS, a subdivision of part of the Southwest Quarter of the Northeast Quarter and of part of the Southeast Quarter of the Northeast Quarter of Section Ten(10),Township Forty-Four(44), Range Twelve(12), per plat of record in Plat Book 5, Page 11,Cole County Recorder's Office. Except that part conveyed to the State of Missouri for highway purposes, by deed of record in Book 246, Page 318, Cole County Recorder's Office. Except that part conveyed to the State of Missouri for highway purposes, by deed of record in Book 408, Page 616, Cole County Recorder's Office; and 616 Tomlee Road: Lot No. 22 of Kenborg Hills, a subdivision of part of the Southwest quarter of the Northeast quarter and of part of the Southeast quarter of the Northeast quarter of Section 10, Township 44, Range 12, per plat of record in Plat Book 5, page 11, Cole County Recorder's Office; and 620 Tomlee Road: Lot No. 21, Kenborg Hills, a subdivision of part of the southwest quarter of the northeast quarter and of part of the southeast quarter of the northeast quarter of Section 10, Township 44, Range 12, per Plat of Record in Plat Book 5, page 11, Cole County Recorder's Office; and -1- 622 Tomlee Road: Part of the Southwest quarter of the Northeast quarter of Section 10, • Township 44, Range 12, in the city of Jefferson, Cole County, Missouri, more particularly described as follows: From the northeast corner of the Southwest quarter of the Northeast quarter of said Section 10; thence west along the quarter quarter Section line, 13.80 chains; thence south 17.85 chains, to the northerly line of the County Road; thence southeasterly along the northerly line of said County Road, 183.4 feet,to the southeasterly corner of a tract conveyed to Frank R. Bolden and wife, by deed of record in Book 148, page 1, Cole County Recorder's Office; thence north along the east line of said Bolden tract, 150 feet, to the northeasterly corner thereof, and the beginning point of this description; thence North 81 degrees 30 minutes west, along the northerly line of said tract and along the northerly line of another tract conveyed to the said Frank R. Bolden and wife, by deed of record in Book 144, page 642, Cole County Recorder's Office; 123 feet, to the easterly line of another tract conveyed to said Frank R. Bolden and wife, by deed of record in Book 129, page 134, Cole County Recorder's Office;thence north along the east line of the last mentioned Bolden tract, 50 feet, to the northeasterly corner of said tract, and being on the southerly line of Lot No. 21 of Kenborg Hills Subdivision, per plat of record in Plat Book 5, page 11, Cole County Recorder's Office; thence South 83 degrees 20 minutes east, along the southerly line of said Lot No. 21, 62 feet;thence South 87 degrees 50 minutes east;along the southerly line of said Lot No. 21, 60.4 feet, to the southeasterly corner of said Lot No. 21; thence southerly in a direct line, 50 feet, more or less, to the beginning point of this description; and 2919 South Ten Mile Drive: Part of the Northwest Quarter of the Southeast Quarter and part of the Southwest Quarter of the Northeast Quarter of Section 10, Township 44 North, Range 12 West, in the City of Jefferson, Cole County, Missouri, more particularly described as follows: From the center of said Section 10;thence South 06 degrees 08 minutes East,along the quarter section line, 321.19 feet; thence North 82 degrees 55 minutes 12 seconds east, • 855.04 feet; thence North 06 degrees 08 minutes 09 seconds West, 226.71 feet to the point of beginning for this description; thence continuing North 06 degrees 08 minutes 09 seconds West, 285.45 feet to the southerly line of South Ten Mile Drive; thence South 67 degrees 02 minutes 18 seconds West, along said westerly line, 181.31 feet;thence South 78 degrees 17 minutes 47 seconds West,along the southerly line of South Ten Mile Drive,81.29 feet;thence South 06 degrees 08 minutes 09 seconds east, 229.28 feet; thence North 82 degrees 55 minutes 12 seconds East, 254.48 feet to the point of beginning;and 2922 South Ten Mile Drive: A part of the Southwest Quarter of the Northeast Quarter of Section 10, Township 44, Range 12, particularly described as follows: From the northeast corner of the Southwest Quarter of the Northeast Quarter of said Section 10, Township 44, Range 12; thence west along the quarter quarter section line, 13.80 chains; thence south 17.85 chains, to the northerly line of County Road; thence southeasterly along the northerly line of said County Road, 75 feet, to the beginning point of this description; thence north parallel with the west line of a tract conveyed to James H. Wekenborg and wife, by Warranty Deed of record in Book 110, page 297,Cole County Recorder's Office, 150 feet;thence South 81 degrees 30 minutes east, 108.4 feet; thence South parallel with the west line of the aforesaid Wekenborg Tract, 150 feet, to the northerly line of the said County Road; thence northwesterly along the northerly line of said Road, 108.4 feet, to the beginning point of this description; and • -2- 2926 South Ten Mile Drive: A part of the Southwest Quarter of the Northeast Quarter of • Section 10, Township 44, Range 12, particularly described as follows: From the northeast corner of the Southwest Quarter of the Northeast Quarter of said Section 10, Township 44, Range 12; thence west along the quarter quarter section line, 13.80 chains; thence South 17.85 chains to the northerly line of the County Road and the beginning point of this description;thence southeasterly along the northerly line of said County Road,75 feet;thence north parallel with the west line of a tract conveyed to James H. Wekenborg and wife, by Warranty Deed of record in Book 110, page 297, Cole County Recorder's Office, 150 feet; thence North 81 degrees 30 minutes west, 14 feet to the east line of a tract conveyed to Frank R. Bolden and wife, by Warranty Deed of record in Book 129, page 134, Cole County Recorder's Office; thence north parallel with the west line of the aforesaid Wekenborg tract, 50 feet,to the northeasterly corner of the aforesaid Bolden tract;thence North 81 degrees 30 minutes west, 61 feet, to the west line of the aforesaid Wekenborg tract; thence South along the said west line, 200 feet, to the beginning point of this description; and 2928 South Ten Mile Drive: Part of the Southwest Quarter of the Northeast Quarter of Section 10, Township 44, Range 12, in the City of Jefferson, Missouri, more particularly described as follows: beginning at a point on the north line of said quarter section, 684 links east of the northwest corner thereof;thence south parallel with the west line thereof, 1785 links to a point in the public road;thence north 84 degrees west(magnetic),along said road 180 links;thence north parallel with the west line of said quarter section, 1742 links, more or less, to the north line of said quarter section; thence east 175 links, to the point of beginning; except that part conveyed to the State of Missouri, for U. S. Highway Route 50, by conveyance of record in book 184, page 560, Cole county recorder's office; except that part conveyed to Mildred Hagan, by deed of record in book 192, page 551, Cole County Recorder's Office; and except • that part conveyed to the State of Missouri for Business Route 50, by conveyance of record in book 250, page 561, Cole County Recorder's Office and except that part condemned in Circuit Court Case CV198-1253CC and described in Report of Commissioners in Book 405, Page 923, Cole County Recorder's Office; and Unaddressed property adjacent to and west of 2922 South Ten Mile Drive: Part of the Northwest Quarter of the Southeast Quarter and part of the Southwest Quarter of the Northeast Quarter of Section 10,Township 44 North, Range 12 West, in the City of Jefferson, Cole County, Missouri, more particularly described as follows: from the center of said Section 10;thence S06°08'E, along the quarter section line, 321.19 feet;thence N82°55'12"E, 855.04 feet; thence N06°08'09"W, 226.71 feet; thence S82°55'12"W, 254.48 feet to the point of beginning for this description;thence N06°08'09"W, 229.28 feet to the southerly line of South Ten Mile Drive; thence S78°17'41"W, along said southerly line, 11.60 feet; thence N85°008'18"W along the southerly line of South Ten Mile Drive, 77.44 feet; thence N81°30'59"W, along the southerly line of South Ten Mile Drive, 10.96 feet; thence S06°08'09"E, 116.11 feet; thence S43°17'04"E, 162.57 feet to the point of beginning. Containing 4.43 acres, more or less. 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. • -3- Section 3. This ordinance shall be in full force and effect from and after its passage • and approval. Passed: Approved a in Officer ayor ST: APP D O ORM: y rk City Counselor • • -4- PUBLIC HEARING NOTICE • Rezoning and Associated Comprehensive Plan Map Amendment 614, 616, 620 and 622 Tomlee Road, 2919, 2922, 2926 and 2928 South Ten Mile Drive, and an unaddressed property adjacent to and west of 2922 South Ten Mile Drive 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 property generally located on the southeast corner of the intersection of Missouri Boulevard and Highway 179 and at the intersection of Tomlee Road and South Ten Mile Drive from RS-1 Low Density Residential to C-1 Neighborhood Commercial and an associated amendment to the Development Plan Map of the City's Comprehensive Plan: Section 1. Property Description: 614 Tomlee Road: Lots Numbers Twenty-Three (23)and Twenty-Four(24)of KENBORG HILLS, a subdivision of part of the Southwest Quarter of the Northeast Quarter and of part of the Southeast Quarter of the Northeast Quarter of Section Ten (10), Township Forty- Four (44), Range Twelve (12), per plat of record in Plat Book 5, Page 11, Cole County Recorder's Office; Except that part conveyed to the State of Missouri for highway purposes, by deed of record in Book 246, Page 318, Cole County Recorder's Office; and Except that part conveyed to the State of Missouri for highway purposes, by deed of record in Book 408, Page 616, Cole County Recorder's Office; and 616 Tomlee Road: Lot No. 22 of Kenborg Hills, a subdivision of part of the Southwest quarter of the Northeast quarter and of part of the Southeast quarter of.the Northeast quarter of Section 10, Township 44, Range 12, per plat of record in Plat Book 5, page 11, Cole County Recorder's Office; and • 620 Tomlee Road: Lot No.21 Kenborg ills a subdivision of art of the southwest quarter 9 P q of the northeast quarter and of part of the southeast quarter of the northeast quarter of Section 10, Township 44, Range 12, per Plat of Record in Plat Book 5, page 11, Cole County Recorder's Office; and 622 Tomlee Road: Part of the Southwest quarter of the Northeast quarter of Section 10, Township 44, Range 12, in the city of Jefferson, Cole County, Missouri, more particularly described as follows: From the northeast corner of the Southwest quarter of the Northeast quarter of said Section 10; thence west along the quarter quarter Section line, 13.80 chains; thence south 17.85 chains, to the northerly line of the County Road; thence southeasterly along the northerly line of said County Road, 183.4 feet,to the southeasterly corner of a tract conveyed to Frank R. Bolden and wife, by deed of record in Book 148, page 1, Cole County Recorder's Office; thence north along the east line of said Bolden tract, 150 feet, to the northeasterly corner thereof, and the beginning point of this description;thence North 81 degrees 30 minutes west,along the northerly line of said tract and along the northerly line of another tract conveyed to the said Frank R. Bolden and wife, by deed of record in Book 144, page 642, Cole County Recorder's Office; 123 feet, to the easterly line of another tract conveyed to said Frank R. Bolden and wife, by deed of record in Book 129, page 134, Cole County Recorder's Office; thence north along the east line of the last mentioned Bolden tract, 50 feet,to the northeasterly corner of said tract,and being on the southerly line of Lot No. 21 of Kenborg Hills Subdivision, per plat of record in Plat Book 5, page 11, Cole County Recorder's Office; thence South 83 degrees 20 minutes east, along the southerly line of said Lot No. 21, 62 feet; thence South 87 degrees 50 minutes east; along the southerly line of said Lot No. 21, 60.4 feet, to the southeasterly corner of said Lot No. 21; thence southerly in a direct line, 50 feet, more or less, to the beginning point of this description; and 2919 South Ten Mile Drive: Part of the Northwest Quarter of the Southeast Quarter and • part of the Southwest Quarter of the Northeast Quarter of Section 10, Township 44 North, Range 12 West, in the City of Jefferson,Cole County, Missouri, more particularly described as follows: From the center of said Section 10;thence South 06 degrees 08 minutes East, along the quarter section line,321.19 feet;thence North 82 degrees 55 minutes 12 seconds east, 855.04 feet; thence North 06 degrees 08 minutes 09 seconds West, 226.71 feet to the point of beginning for this description; thence continuing North 06 degrees 08 minutes 09 seconds West, 285.45 feet to the southerly line of South Ten Mile Drive; thence South 67 degrees 02 minutes 18 seconds West, along said westerly line, 181.31 feet; thence South 78 degrees 17 minutes 47 seconds West,along the southerly line of South Ten Mile Drive, 81.29 feet; thence South 06 degrees 08 minutes 09 seconds east, 229.28 feet; thence North 82 degrees 55 minutes 12 seconds East, 254.48 feet to the point of beginning: and 2922 South Ten Mile Drive: A part of the Southwest Quarter of the Northeast Quarter of Section 10, Township 44, Range 12, particularly described as follows: From the northeast corner of the Southwest Quarter of the Northeast Quarter of said Section 10,Township 44, Range 12; thence west along the quarter quarter section line, 13.80 chains; thence south 17.85 chains,to the northerly line of County Road;thence southeasterly along the northerly line of said County Road, 75 feet, to the beginning point of this description; thence north parallel with the west line of a tract conveyed to James H. Wekenborg and wife, by Warranty Deed of record in Book 110, page 297, Cole County Recorder's Office, 150 feet; thence South 81 degrees 30 minutes east, 108.4 feet; thence South parallel with the west line of the aforesaid Wekenborg Tract, 150 feet, to the northerly line of the said County Road; thence northwesterly along the northerly line of said Road, 108.4 feet, to the beginning point of this description; and • 2926 South Ten Mile Drive: A part of the Southwest Quarter of the Northeast Quarter of Section 10, Township 44, Range 12, particularly described as follows: From the northeast corner of the Southwest Quarter of the Northeast Quarter of said Section 10,Township 44, Range 12; thence west along the quarter quarter section line, 13.80 chains; thence South 17.85 chains to the northerly line of the County Road and the beginning point of this description; thence southeasterly along the northerly line of said County Road, 75 feet; thence north parallel with the west line of a tract conveyed to James H. Wekenborg and wife, by Warranty Deed of record in Book 110, page 297, Cole County Recorder's Office, 150 feet; thence North 81 degrees 30 minutes west, 14 feet to the east line of a tract conveyed to Frank R. Bolden and wife, by Warranty Deed of record in Book 129, page 134, Cole County Recorder's Office; thence north parallel with the west line of the aforesaid Wekenborg tract, 50 feet,to the northeasterly corner of the aforesaid Bolden tract;thence North 81 degrees 30 minutes west, 61 feet, to the west line of the aforesaid Wekenborg tract; thence South along the said west line, 200 feet, to the beginning point of this description; and 2928 South Ten Mile Drive: Part of the Southwest Quarter of the Northeast Quarter of Section 10, Township 44, Range 12, in the City of Jefferson, Missouri, more particularly described as follows: beginning at a point on the north line of said quarter section, 684 links east of the northwest corner thereof; thence south parallel with the west line thereof, 1785 links to a point in the public road; thence north 84 degrees west (magnetic), along said road 180 links; thence north parallel with the west line of said quarter section, 1742 links, more or less, to the north line of said quarter section; thence east 175 links, to the point of beginning; except that part conveyed to the State of Missouri, for U. S. Highway • Route 50, by conveyance of record in book 184, page 560, Cole county recorder's office; except that part conveyed to Mildred Hagan,by deed of record in book 192,page 551, Cole 2919 South Ten Mile Drive: Part of the Northwest Quarter of the Southeast Quarter and • part of the Southwest Quarter of the Northeast Quarter of Section 10, Township 44 North, Range 12 West, in the City of Jefferson,Cole County, Missouri,more particularly described as follows: From the center of said Section 10;thence South 06 degrees 08 minutes East, along the quarter section line,321.19 feet;thence North 82 degrees 55 minutes 12 seconds east, 855.04 feet; thence North 06 degrees 08 minutes 09 seconds West, 226.71 feet to the point of beginning for this description;thence continuing North 06 degrees 08 minutes 09 seconds West, 285.45 feet to the southerly line of South Ten Mile Drive; thence South 67 degrees 02 minutes 18 seconds West, along said westerly line, 181.31 feet; thence South 78 degrees 17 minutes 47 seconds West,along the southerly line of South Ten Mile Drive, 81.29 feet; thence South 06 degrees 08 minutes 09 seconds east, 229.28 feet; thence North 82 degrees 55 minutes 12 seconds East, 254.48 feet to the point of beginning: and 2922 South Ten Mile Drive: A part of the Southwest Quarter of the Northeast Quarter of Section 10, Township 44, Range 12, particularly described as follows: From the northeast corner of the Southwest Quarter of the Northeast Quarter of said Section 10,Township 44, Range 12; thence west along the quarter quarter section line, 13.80 chains; thence south 17.85 chains,to the northerly line of County Road;thence southeasterly along the northerly line of said County Road, 75 feet, to the beginning point of this description; thence north parallel with the west line of a tract conveyed to James H. Wekenborg and wife, by Warranty Deed of record in Book 110, page 297, Cole County Recorder's Office, 150 feet; thence South 81 degrees 30 minutes east, 108.4 feet; thence South parallel with the west line of the aforesaid Wekenborg Tract, 150 feet, to the northerly line of the said County Road; thence northwesterly along the northerly line of said Road, 108.4 feet, to the beginning point of this description; and • 2926 South Ten Mile Drive: A part of the Southwest Quarter of the Northeast Quarter of Section 10, Township 44, Range 12, particularly described as follows: From the northeast corner of the Southwest Quarter of the Northeast Quarter of said Section 10,Township 44, Range 12; thence west along the quarter quarter section line, 13.80 chains; thence South 17.85 chains to the northerly line of the County Road and the beginning point of this description; thence southeasterly along the northerly line of said County Road, 75 feet; thence north parallel with the west line of a tract conveyed to James H. Wekenborg and wife, by Warranty Deed of record in Book 110, page 297, Cole County Recorder's Office, 150 feet; thence North 81 degrees 30 minutes west, 14 feet to the east line of a tract conveyed to Frank R. Bolden and wife, by Warranty Deed of record in Book 129, page 134, Cole County Recorder's Office; thence north parallel with the west line of the aforesaid Wekenborg tract, 50 feet,to the northeasterly corner of the aforesaid Bolden tract; thence North 81 degrees 30 minutes west, 61 feet, to the west line of the aforesaid Wekenborg tract; thence South along the said west line, 200 feet, to the beginning point of this description; and 2928 South Ten Mile Drive: Part of the Southwest Quarter of the Northeast Quarter of Section 10, Township 44, Range 12, in the City of Jefferson, Missouri, more particularly described as follows: beginning at a point on the north line of said quarter section, 684 links east of the northwest corner thereof; thence south parallel with the west line thereof, 1785 links to a point in the public road; thence north 84 degrees west (magnetic), along said road 180 links; thence north parallel with the west line of said quarter section, 1742 links, more or less, to the north line of said quarter section; thence east 175 links, to the point of beginning; except that part conveyed to the State of Missouri, for U. S. Highway • Route 50, by conveyance of record in book 184, page 560, Cole county recorder's office; except that part conveyed to Mildred Hagan, by deed of record in book 192, page 551, Cole County Recorder's Office; and except that part conveyed to the State of Missouri for • Business Route 50, by conveyance of record in book 250, page 561, Cole County Recorder's Office and except that part condemned in Circuit Court Case CV198-1253CC and described in Report of Commissioners in Book 405, Page 923,Cole County Recorder's Office; and Unaddressed property adjacent to and west of 2922 South Ten Mile Drive: Part of the Northwest Quarter of the Southeast Quarter and part of the Southwest Quarter of the Northeast Quarter of Section 10, Township 44 North, Range 12 West, in the City of Jefferson, Cole County, Missouri, more particularly described as follows: from the center of said Section 10; thence S06°08'E, along the quarter section line, 321.19 feet; thence N82°55'12"E,855.04feet;thence N06°08'09"W,226.71 feet;thence S82°55'12"W,254.48 feet to the point of beginning for this description; thence N06°08'09"W, 229.28 feet to the southerly line of South Ten Mile Drive;thence S78°17'41"W,along said southerly line, 11.60 feet; thence N85°008'18"W along the southerly line of South Ten Mile Drive, 77.44 feet; thence N81°30'59"W, along the southerly line of South Ten Mile Drive, 10.96 feet; thence S06°08'09"E, 116.11 feet; thence S43°17'04"E, 162.57 feet to the point of beginning. Containing 4.43 acres, more or less. Section 2. Rezoning application. The property is proposed to be rezoned from RS-1 Low Density Residential to C-1 Neighborhood 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 S County Recorder's Office; and except that part conveyed to the State of Missouri for • Business Route 50, by conveyance of record in book 250, page 561, Cole County Recorder's Office and except that part condemned in Circuit Court Case CV198-1253CC and described in Report of Commissioners in Book 405, Page 923,Cole County Recorder's Office; and Unaddressed property adjacent to and west of 2922 South Ten Mile Drive: Part of the Northwest Quarter of the Southeast Quarter and part of the Southwest Quarter of the Northeast Quarter of Section 10, Township 44 North, Range 12 West, in the City of Jefferson, Cole County, Missouri, more particularly described as follows: from the center of said Section 10; thence S06°08'E, along the quarter section line, 321.19 feet; thence N82°55'12"E,855.04feet;thence N06°08'09"W,226.71 feet;thence S82°55'12"W,254.48 feet to the point of beginning for this description; thence N06°08'09"W, 229.28 feet to the southerly line of South Ten Mile Drive;thence S78°17'41"W,along said southerly line, 11.60 feet; thence N85°008'18"W along the southerly line of South Ten Mile Drive, 77.44 feet; thence N81°30'59"W, along the southerly line of South Ten Mile Drive, 10.96 feet; thence S06°08'09"E, 116.11 feet; thence S43°17'04"E, 162.57 feet to the point of beginning. Containing 4.43 acres, more or less. Section 2. Rezoning application. The property Y is proposed to be rezoned from RS-1 Low Density Residential to C-1 Neighborhood 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 • ►t y of Jefferson Plannir#& Zoning Commissions -floc CIL J C y FIW`� as$O T ; \ Tomlee Road and South Ten Mile Drive Area _ Comprehensive Plan Amendment and �--- Rezoning to C-1 i f N 625 312.5 0 625 Feet W+E VICINITY S dity of Jefferson Planni*& Zoning CommissionO `' '�E;.� sa- "��.�6`4�s3 t� i'�l `�a€ � ��F"'r'.` re y, $:Z •. ,u n,�" r`�a 't s'YSla: r- -ip. n 'w t ,4, a w �.,, •-� �" �•a.- �.Y � rx e-�� � �',f'✓r'` � ''� �✓� ax is :may `i-'+.`�'^^.1► J �1 � „i dFF mac. �p r�'itC +[+a\ f v.zd� � r • `° �,.-� `-....,`� q'rxa.a' '� 6�"z � v+ ✓' y,.,, ,w, j, ; ` �'' ���:5 _���'�C i.y�`r.}. `3.�4�,* r,.-,... ��, �. ti r `-`r` .r�ra� {7 .`.F.x - -4 Ly,� � ' *r-°r�...•�fi ,, Y N c 3� gf ��"�� z �a 3> -' yam, "+s�-r{Y 's'� ''§`?���L r ��. # � $ �g i f -�n-a �r',. ,t/ �jew.v ', � � r k,:5.' "r:• � �'•, "c.+.�*"�� '". QfA a. �'"�.:ti:� �,Y '� z �. e, �} �-'� :•,s Nf°4.,. *^'':. .a.�. .,.K c rry,{. '� r" �.. ,e � ;- � `31` k g �r - IZ .ts? y2+ 3 j n,'� � &� � �"y,t v �y x�'`rc r.,,r. � �>.�e �' £s �+P"�;g as 7rz` �� £ T•rx �+Ss, '; I sx 7 .� �, =p 4 :r _ Tomlee Road and r vg � South Ten Mile Drive Area —,: t ,. ./v__ �. ,r� r �s j�CI� �'F� 1:;n✓t�i� �� ,fy" Y� � , �a s . _ his �� iYI:; .. �".'. ' saw v ti � � �3;; �. Comprehensive Plan- .2 � Amendment and � i Ito- }° `� r s � ��e� g v� OM 11� .� ezoning - "RA, `�a A ( �w g ;�L -ssf ,�' i -:5 � 3 i ter, Y' 4 $ hr -'� s't s� :: f � �� �rr{^.� is *- E S d i � �-s +a cr{. "�� .. "�'�-". �.,*'�.x�'��'x� „s• �`" �u ��� "'"^r�r��°it " m� � x 3 + t - �`3y 9 Fr r �, :� � ti;�',y, f"`� �'�, ?t.��`�F�' .✓" k ro g s�s� ?'l• '` �j�r��,. Y`s-. +a � Lyd 3 n _"."� ,t-t -S� - s� Y ... .`tv-� -. ci � ,�` � .y �_ 44� ,�'�''�:�. ^;y,.t'��,4 �4.� � :r�?- 'd ,��,?�` "'�i x 3 u ="x ''7� '',• -L ' '�� � � �'�s� � b + r �"5'y��. i ��� ■\soh iq �r ,•} �zy�s'u. Y 4 d '7 {� jh� y,_9'.�c n _ t � � �' t.:�`� 4 s'�1�' j,;,t�. "��` v 'fit'°` �' P a ,=y ?�y� # rx^. 4..��_-4 �° ,.g�3 k" g .. � •�, ,q n-• ' iw ti. ,�Fxo-, '� •t3, ^':.$ Yc""4-i'z a N 280 140 0 280 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 Q Map 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: {'roperty Owner OStaff OPlanning and Zoning Commission &�4.0 J. Name (typeld or prin d) ,3lnat r Applicant Information: Property Owner Name C'e-L-1 1) In ,NI Address 'i q Z Z 5 7,2.N fl r Lz- 0 f r t;,�_, Oct Phone Number(s): Name: C ih J h!}�JnEr Address: r S 4 z be l"D _J r— L c, o G1SIoc Phone Number S 79 — 1 250-71P.- For City Use Only. Application Filing Fee $200 Application Filing Fee Received: Cash (indicate receipt# ) Check (copy; indicate check # ) 9 achments: Narrative Map Applicant/Project Information Sheet Page 1 of 1 May 6.2002 APPLICATION FOR ZONING ORDINANCE AMENDMENTS Dale 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: O 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).+3r4,L17 _ u) t, ti; ASy)eu­a Property Address: -)L II , )1t,2 3` �I L4, ft( , Legal/Property Description: / :F� 4- /),i �_cfF tic C/-ipfrc�� tA} 11e 1) Who petition to rezone the above described real estate from its present status of 1365-1 to ( -1 district. The purpose of this.rezoning request is to e. � tj,-14CS7 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. A Property Owner#9 Name (type or print) Prope r Signatur Propert y Owner#2 Name (type or print) Prope Owner S i�nature JOHN C. BOSCH (� SubscribedJated)osPubkia fotmyrSeWis day of t l n in the year ZOc: STATE OF MISSOURI ' Cole County—Comm.#06435345 My Commission Expires May 5,2010 V Notary Pu lic Address of Property Owner#1: 0,LA 20 t . r` / ���>.' 2° 2Z .5, Alelffe C?%U Address of Property Owner#2 '1 2JviL L ;--' c_'° Phone Number(s): att ( 5'c' - �t ? Z ;e!v o V - 3V-79 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# ) a chments: Additional sheets or documentation Applicant/Project Information Sheet Location Map Page 1 of 1 May 6,2002 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 0 Map 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: OProperty Owner OStaff OPlanning and Zoning Commission 1& i Name (typed or printed) Signature Applicant Information: Property Owner Name 0o N N �, JAW tJ �� Address Loa 0 —vi m L-t e � c12so YO C(L) Phone Number(s): _51 3 - $13- 3-S .2 S Other Applicant Information: / / Name: l C-11 Address: j q 2 Z 5 T� _e__ 2 . -T �! i l o �� S-/C) Phone Number X For City Use Only: Application Filing Fee $200 Application Filing Fee Received: Cash (indicate receipt# ) Check (copy; indicate check # ) 0 achments: Narrative Map Applicant/Project Information Sheet Page 1 of 1 May 6,2002 APPLICATION FOR ZONING ORDINANCE AMENDMENTS Dale Recerreci 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 FThe igned hereby petitions th e Planning and Zoning Commission and City Council of the City of Jefferson,r the following amendment to the Zoning Code: Text Amendment (Describe below or attach complete narrative; complete "Applicant"information cle and Section Affected (if applicable) Description of proposed text amendment: ) Zoning Map Amendment (Rezoning of Real Estate) The undersigned hereby state they are the owners of the following described real estate (legal description must be printed below or attached as an exhibit): Property Address: loa d 1o" Gf-- E . Legal/Property Description: '0 T- ,,,_go/,' if;zL s Who petition to rezone the above described real estate from its present status of RS to G - ( district. The purpose of this rezoning request is to To p f V Q Lo Tt� fy okf rat u 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 EPARATE SHEETS. o 113 to ,2 j e a N Property Owner#1 Name (type or print) roperty Owner S nature Property Owner#2 Name (type or print) Property Owner Signature Su Jbullueu M I day of in the year 2C6 Notary Public-Notary Seal STATE OF MISSOURI ��- - Cole County-Comm.#06435345 Notary Public My Commission Expires May 5,2010 Address of Property Owner#1: (pa.d70 ,-, U� F4 , Jtfetua rU Ct/yj Address of Property Owner#2 Phone Number(s): Applicant Information (if different from property owner): Name: I� Address: ( X11 Z z- 5, -,L/ (L E7- >7rLiL'Z e F"2 A-:5 of- Ho G, 5_/ C)q Phone Number x r!r 0 — j — -31T j 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 No.200610712 Bk 540 Pg 483 State of Missouri Cole County RECORDED Sep 26, 2006 9:18:40 P.hl Larry D. Rademan, Recorder of Deeds Fees $27.00 SEAL !-, Deputy Missouri General Warranty Deed This Indenture, Made on_-�L�L day of September, 2006, by and between TWILA SUE HALL and DONALD C. HALL SR., Her Husband as GRANTOR, and 614 TOMLEE ROAD, L.L.C., A MISSOURI LIMITED LIABILITY COMPANY as GRANTEE, whose mailing address is: 2922 S. TEN MILE DR. JEFF CITY, MO 65109 WITNESSETH: THAT THE GRANTOR, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is • hereby acknowledged, does hereby Grant, Bargain, Sell, Convey and Confirm unto GRANTEE, GRANTEE'S heirs and assigns, the following described lots, tracts and parcels of land situated in the County of COLE and State of Missouri, to wit: i Lots Numbers Twenty-Three (23) and Twenty-Four (24) of KENBORG HILLS, a subdivision of part of the Southwest Quarter of the Northeast Quarter and of part of the Southeast Quarter of the Northeast Quarter of Section Ten (10), Township Forty- Four (44), Range Twelve (12), per plat of record in Plat Book 5, Page 11, Cole County Recorder's Office. Except that part conveyed to the State of Missouri for highway purposes, by deed of record in Book 246, Page 318, Cole County Recorder's Office. Except that part conveyed to the State of Missouri for highway purposes, by deed of record in Book 408, Page 616, Cole County Recorder's Office. Street Address if known: 614 TOMLEE ROAD, JEFFERSON CITY, MO 65101 Subject to easements, restrictions, reservations, and covenants of record, if any. TO HAVE AND TO HOLD The premises aforesaid with all singular, the rights, privileges, appurtenances and immunities thereto belonging or in any wise appertaining unto GRANTEE and unto GRANTEE'S heirs and assigns forever; the GRANTOR hereby covenanting that GRANTOR is lawfully seized of an indefeasible estate in fee of the premises herein conveyed; 614 Tomlee Road j i that GRANTOR has good right to convey the same; that the said premises are free and clear • from any encumbrance done or suffered by GRANTOR or those under whom GRANTOR claims, except as stated above and except for all taxes assessments, general and special, not now due and payable, and that GRANTOR will warrant and defend the title to the said premises unto GRANTEE and unto GRANTEE'S heirs and assigns forever, against the lawful claims and demands of all persons whomsoever. If two or more persons constitute the GRANTOR or GRANTEE, the words GRANTOR and GRANTEE will be construed to read GRANTORS and GRANTEES whenever the sense of this Deed requires. IN WITNESS WHEREOF, The GRANTOR has hereunt ecuted this instrument on the day and year above written. TWILA SUE HALL D NALD HALL SR. In The State of Missouri ) } ss County of Cole ) On this day, September 19th, 2006, before me, the undersigned, a Notary Public in and for said County and State, personally appeared TWILA SUE HALL and DONALD C. HALL SR., Her Husband to me known to be the person(s) described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. Witness my hand and Notarial Seal subs /ibCd d affixed in said Cou and State, the day and year in this certificate above written Nota V blic My Term Expires: i =Pubilc— L. LISTER Notary Seal ISSOURI untyMay 25,2o09 456882 I • Diana Jean Womack Craighead Warranty Decd and Russell L. Craighead, her husband Dated, June 10th, 1986 TO Filed, Jul 23 , 1986 Ronald J. Prenger and Marjorie at 10 : 35 A.M. Ann Prenger, husband and wife Book 294 , Page 519 el Consid . , $1 . 00 and other valuable considerations GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM, the f_ol7lowing described lots, tracts or parcels of land lying, being ana situate in the County of Cole, State of Missouri : Lot No. 22 of Kenborg Hills , a. subdivision of part of the Southwest quarter of the Northeast • quarter and of part of the Southeast quarter of the Northeast quarter of Section 10 , Township 44 , 12ange 12 , per plat of record in Plat Book 5 , page 11 , Cole County Recorder ' s Office. COVENANTS of General Warranty against all persons. Diana Jean Womack Craighead DrA�A A I�CFFA�GI�EAD Russell L. Craighead RUSS-ELL— AD STATE OF MISSOURI ss . County of Cole Dated, June 10th, 1986 Before Brenda K. Verslues , Notary Public, personally appeared Russell L. Craighead and Diana Jean Womack Craighead, 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 August 8 , 1986 . • 616 Tomlee Road 1395 -� 3L4 • QUIT-CLAIM DEED THIS-INDENTURE, Made on the � �� — �I day of _, A. D., Nineteen Hundred and Ninety-eigh by and between Jon A. Pinet and Kimberly Pinet, husband and wife of the County of Cole in the State of Missouri parties of the First Part, and Bonnie JeanlPinet, a single person I Grantees mailing aclldress 620 Tomlee Road Jefferson City, of the County of 1I Cole in the State of Missouri party of the Second Part: WITNESSETH, That the said part ies— of the First Part in consideration of the sum of Tr n_ Dollars andlother valuable considerhtion > .?(Rl5 to them (paid by the said part y of the Second Part,the receipt of which is hereby acknowledged, do by these presents Remise, Release and forever Quit-Claim unto the said party of the Second Part,thei following described Lots,Tracts or parcels of Land lying,being and situate in the County of Cole, and State of Missouri, to-wit: Lot No I. 21 , Kenborg Hills, a subdivision of part of the southwest quarter of the northeast quarter and of part of the southeast q arter of the northeast quarter of Section 10, Township 44 , Range 112, per Plat of Record in Plat Book 5, page 11 , Cole County Recorder's bf'fice. • 620 Tomlee Road f dUffx>;xx x x x xxxxxxxdwa xdfx xis?f3E"1&HxK>UW=FdfM4 Mftx,Ap HIXx I xamxpyKWexg f3 Ktfvxxxxxxxrxxxxxxxjjf*tN rd;>1X>D6 068rYXXXN>W)j"Lxxxyxixxxxx *Strike oul thu I s clause if this Deed is not made in release of some other instrument. TO HAVE AND TO HOLD the same, with all the rights, immunities, privileges and appurtenances thereto belonging unto the said part' of the Second Part,and heirs and assigns, FOREVER so that neither the said part ies of th First Part nor their heirs,,nor any other person or persons for -t-LID-Tor in their Name + or behalf,shall or will hereafter claim or demand any right or title to the aforesaid premises,or any part thereof, bt i they and every one of them shall, by these presents, be excluded and forever barred. IN WITNESS WHEREOF,the said part ies of the First Part ha ve hereunto set theiTland 5 and seal S the day and year firs bove written. Jon Pinet + 'Kimberly Pinet STATE OF MISS 0111 ) )y G5. County of Cole. On this I. day of i 19 -2-8—, before me personally appeared Jon A, Pinet and Kimberly Pinej husband and wife to me known to be the person G described in and who executed the foregoing instrument and acknowledged that they excuted the same as their free act and deed. And the said Inn A Pi net- and KimhprLy Pi net, hnnhanrd and wife further declares themselves to be*r'hWP6XdAXt1;Nnarried. IN TESTIMONY WHEREOF, I have hereunto set my hand and a//f��fix}ed my official seal • at my office in �A I A Q�(A.dk () I" -fn o the day and year first above written. tt`r 1E 1 tC", n� 0N l term expires z 17: PUBLIC (NOTAR(SEAL) ; — �N.• NOTARY l - :'yj,SEAS •j� � Notary Public "0 poll M;5°�0. SHARON E.CAMPBELL NOTARY PUBLIC•SUITE OF IISUR COLE MS An COIALoEW a a FOR THE RECORDER 00 `1712 ST�,i� iiF !!15;OUItI Wil,' f OF COLE cQ, pt-c hQ — 0, . aR CE 3 `&0 622 Tomlee Road • Frank R. Bolden and Clara Warranty Deed C . Bolden , husband and wife Dated, August 21st , 1986 TO Filed, Oct 15 , 1986 Ronald J . Prenger at 12 : 55 P.M. Book 296 , Page 509 Consid. , $1 .00 and other valuable considerations 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: Lot No . 10 of Kenborg Hills Subdivision , in the City of Jefferson , Missouri, per plat of record. in Plat Book 5 , page 11, Cole County Recorder ' s Office . Subject to a Deed of Trust in favor of City • National Savings and Loan Association dated April 4 , 1974 and recorded at book 153 , page 170 , Cole County Recorder ' s Office . ALSO: Lot No . 11 of Kenborg Hills Subdivision , in the City of Jefferson , Missouri, per plat of record in Plat Book 5 , page 11, Cole County Recorder ' s Office . EXCEPT that part of Lot No. 11, conveyed to James H. Wekenborg and wife , by deed of record in Book 231, page 856 , Cole County Recorder ' s Office . Subject to a Deed of Trust in favor of City National Savings and Loan Association dated April 4 ,`e'1974 and recorded at book 153 , page 171 , Cole County Recorder ' s Office . ALSO: Part of the Southwest quarter of the Northeast quarter of Section 10 , Township 44 , Range 12 , in the City of Jefferson , Cole County, Missouri , more particularly described as follows : From the northeast corner of the Southwest quarter of the Northeast quarter of said Section 10 ; thence west along the quarter quarter Section line , 13 . 80 chains ; thence south 17. 85 chains , to the northerly line of the County Road; thence south- easterly along the northerly line of said County Road , 183 . 4 feet , to the southeasterly corner of • a tract conveyed to Frank R. Bolden and wife , by deed of record in Book 148 , page 1, Cole County Recorder ' s Office; thence north along the east line of said Bolden tract , 150 feet , to the northeasterly corner thereof, and the beginning point of this • 980SR �96 , Page 509 , cont 'd . description ; thence North 81 degrees 30 minutes west , along the northerly line of said tract and along the northerly line of another tract conveyed to the said Frank R. Bolden and wife , by deed of record in Book 144 , page 642 , Cole County Recorder ' s Office; 123 feet , to the easterly line of another tract conveyed to said Frank R. Bolden and wife , by deed of record in Book 129 , page 134 , Cole County Recorder ' s Office ; thence north along the east line of the last mentioned Bolden tract, 50 feet, to the northeasterly corner of said tract, and being on the southerly line of Lot No . 21 of Kenborg Hills Sub- division , per plat of record in Plat Book 5 , page 11, Cole County Recorder' s Office; thence South 83 degrees 20 minutes east ,along the southerly line of said Lot No . 21 , 62 feet ; thence South 87 degrees 50 minutes east , along the southerly line of said Lot No . 21, 60 . 4 feet , to the southeasterly corner of said Lot No . 21; thence southerly in a direct line , 50 feet , more or less , to the beginning point • of this description . Subject to a Deed of Trust in favor of City National Savings and Loan Association dated April 4 , 1974 , and recorded at book 152 , page 998, Cole County Recorder ' s Office . COVENANTS of General Warranty against all persons . Frank R. Bolden Clara C. Bolden Frank R. Bolden Clara C. Bolden STATE OF MISSOURI . ss County of Cole Dated, August 21st , 1986 Before Brenda K. Verslues, Notary Public , personally appeared Frank R. Bolden and Clara C. Bolden , 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 August 8, 1990. -----0----- 622 Tomlee Road j. 001176 .?b - r STATE OF MISSOURI COUNTY OF COLE 66,.J RECORDED ON '02 JAN 22 AEI 9 11 BOOK YS3 PACE b LARRY D. RADEMAN RECORDF GENERAL LWWARRANTY DEED tat'` t".4�C.� THIS INDENTURE,Made on the , day of January,2002,by and between RICHARD A.BOEHM,a single person,having an address of 2922 South en Mile Drive,Jefferson City,Missouri,65109,of the County of Cole, in the State of Missouri,party of the First Part,and S TEN MILE DRIVE 2919,LLC,of the County of Cole,in the State of Missouri,parties of the Second Part; WITNESSETH,That the said party of the First Part,in consideration of the sum of Ten Dollars and other valuable considerations,to him paid by the said party of the Second Part,the receipt of which is hereby acknowledged, does,by these presents,GRANT,BARGAIN,AND SELL,CONVEY AND CONFIRM unto the said party of the Second Part,it successors and assigns,the following described lots,tracts or parcels of land lying,being,and situate in the County of Cole,State of Missouri,to-wit: Part of the Northwest Quarter of the Southeast Quarter and part of the Southwest Quarter of the Northeast Quarter of Section 10,Township 44 North,Range 12 West,in the City of Jefferson,tole County,Missouri, more particularly described as follows: From the center of said Section 10;thence South 06 degrees 08 minutes East,along the quarter section line, 321.19 feet;thence North 82 degrees 55 minutes 12 seconds east,855.04 feet;thence North 06 degrees 08 minutes 09 seconds West,226.71 feet to the point of beginning for this description;thence continuing North 06 degrees 08 minutes 09 seconds West,285.45 feet to the southerly line of South Ten Mile Drive;thence South 67 degrees 02 minutes 18 seconds West,along said westerly line, 181.31 feet;thence South 78 degrees 17 minutes 47 seconds West,along the southerly line of South Ten Mile Drive,81.29 feet,thence South 06 degrees 08 minutes 09 seconds east,229.28 feet;thence North 82 degrees 55 minutes 12 seconds East,254.48 feet to • the point of beginning. TO HAVE AND TO HOLD the premises aforesaid,with all and singular the rights,privileges,appurtenances and immunities thereto belonging, or in anywise appertaining,unto the said party of the Second Part and unto its successors and assigns FOREVER,the said First Party hereby covenanting that he is lawfully seized of an indefeasible estate in fee in the premises herein conveyed;that be has good right to convey the same;that the said premises are free and clear of any encumbrances done or suffered by them or those under whom they claim and that they will warrant and defend the title to said premises unto the said party of the Second Part,and unto its successors and assigns FOREVER, against the lawful claims and demands of all persons whomsoever. IN WITNESS WHEREOF,the said party of the Fast Part has hereunto set his seal the day and year first above written. ItICHARD!k BOEHM 2919 South Ten Mile Drive STATE OF MISSOURI ) )ss. COUNTY OF COLE ) On this day of January,2002,before me personally appeared RICHARD A.BOEHM,to me known • to be the persons described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. tjrcfy�'z.fI ESTIMONY WHEREOF,I have hereunto set my hand and affixed my offic seal the day and year :G}'Arti'.t - _. •+�:- .;:(%tu�'�� t .z:. Notary Public Tres: • 2919 South Ten Mile Drive V 001175 /) STATE OF MISSOURI P,4,,,X COUNTY OF COLE RECORDEDON '02 JON 22 An 9 10 BOOK J!3 PACE S LARRY D. RADEMAN RFCORDER GENERA rd NTY DEED THIS INDENTURE,Made on the nuary,2002,by and between RICHARD A BOEHM,a single person,having an address of 2922 South Ten ,Jefferson City,Missouri,65109,of the County of Cole, in the State of Missouri,party of the First Part,and S TEN MILE DRIVE 2922,LLC,of the County of Cole,in the State of Missouri,parties of the Second Part; WITNESSETH,That the said party of the First Part,in consideration of the sum of Ten Dollars and other valuable considerations,to him paid by the said party of the Second Part,the receipt of which is hereby acknowledged, does,by drese presents,GRANT,BARGAIN,AND SELL,CONVEY AND CONFIRM unto the said party of the Second Part,it successors and assigns,the following described lots,tracts or parcels of land lying,being,and situate in the County of Cole,State of Missouri,to-wit: A part of the Southwest Quarter of the Northeast Quarter of Section 10,Township 44,Range 12,particularly described as follows: From the northeast comer of the Southwest Quarter of the Northeast Quarter of said Section 10,Township 44, Range 12;thence west along the quarter quarter section line,13.80 chains;thence South 17.85 chains,to the northerly line of the County Road;thence southeasterly along the northerly line of said County Road,75 feet,to the beginning point of this description;thence north parallel with the west line of a tract conveyed to James H. Wekenborg and wife,by Warranty Deed of record in Book 110,page 297,Cole County Recorder's Office,150 feet; thence South 81 degrees 30 minutes east, 108.4 feet;thence South parallel with the west line of the aforesaid WekenboTg tract,150 feet,to the northerly line of the said County Road;thence northwesterly along the northerly line of said Road,108.4 feet,to the beginning point of this description. TO HAVE AND TO HOLD the premises aforesaid,with all and singular the rights,privileges,appurtenances and immunities thereto belonging,or in anywise appertaining,unto the said party of the Second Part and unto its successors and assigns FOREVER,the said First Party hereby covenanting that he is lawfully seized of an indefeasible estate in fee in the premises herein conveyed;that he has good right to convey the same;that the said premises are free and clear of any encumbrances done or suffered by them or those under whom they claim and that they will warrant and defend the title to said premises unto the said party of the Second Part,and unto its successors and assigns FOREVER, against the lawful claims and demands of all persons whomsoever. IN WITNESS WHEREOF,the said party of the First Part has hereunto set his seal the day and year first above written. CHARD A. OEHM 2922 South Ten Mile Drive STATE OF MISSOURI ) )as. COUNTY OF COLEIA ) On this day of January,2002,before me personally appeared RICHARD A.BOEHM,to me known to be the persons described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. =w :'• IIY>. ESTIMONY WHEREOF,I have h eunto set my and affixed my official seal.the ay and year • .:'.'. t..::. Z'.4'}1 iWii �M Notary Public s 2922 South Ten Mile Drive 7 3T �IF N| 01i R| OFCOLF L» '�� ]�. "� �|� � 7O �- ,^- � ~ .� � � P r � GENERA L THIS MENTDR8.Made onthe uoUb�wu�RICHARD��B0E8�la �n�cperson,hu�oganuddrcx of2922Sou�Ten x«i|oDh��]o��zox{]ty.Miammr.h5|09.of the County ofCole. in the State of Missouri,party of the First Part,and S TEN MILE DRIVE 2926,LLC,of the County of Cole,in the State of Missouri,parties o[the Second Part; WITN888ETB. Tbut the said party of the First Part, in consideration of the sum of Ten Dollars and other valuable considerations,to him paid by the said party of the Second Part,the receipt of which is hereby acknowledged, does.by these.presents,GRANT,BARGAIN,AND SELL,CONVEY AND CONFIRM unto the said party ofthe Second Part,it successors and assigns,the following described lots,tracts or parcels of land lying,being.and situate in the County ofCole,State of Missouri,to-wit: /\part of the Southwest Quarier o[the Northeast Quarter of Section 1O`Township 44.Range 12,particularly dc,cbhod as follows: From the northeast corner of the Southwest Quarter of the Northeast Quarter of said Section |0.Township 44. Range 12;thence west along the quarter quarter section line, 13.80 chains;thence South /7.85 chains o the northerly line of the County Road and the beginning point of this description;thence southeasterly along the � northerly line of said County Road,75 feet;thence north parallel with the west line ofu tract conveyed tvJames � H.Wekenborg and wife,by Warranty Deed of record in Book.110,page 297,Cole County Recorder's Office, 150 feet; thence North 81 degrees 3O minutes west, \4 feet m the east line ofu tract conveyed /o Frank 8. Bolden and wife,by Warranty Deed of record in Book 129,page 134,Cole County Recorder's Office;thence north parallel with the west line of the aforesaid\9okonho,g tract,50[cmt, to the on,thcustrdy cu,onr of the, aforesaid Bolden tract-, thence North 81 degrees 30 minutes wuo/.61 feet,to the west line of the aforesaid W:kenhorg tram;thence South along the said west line,2O0 feet.,o the beginning point of this description. Together with u sewer casement over the following described land: A part uf the Southwest Quarter of the Northeast Quarter of Section \O.Township 44.Range |2.particularly described as follows: From the northeast corner of the Southwest Quarter n the Northeast Quarter o[said Section |O.Township 44. Range 12;thence west along the quarter quarter section line. \3.8O chains;thence South 17.85 chains mthe northerly line of the County Road:thence southeasterly along the northerly line of said County Road, 183.4 feet, to the southeasterly comer of a tract conveyed to Frank R.Bolden and wife,by Warranty Deed of record in Book |48.Page l.Cole County Recorder's Office;thence North along the east line of said Bolden tract, 150 feet,to the northeasterly corner thereof,and the beginning point of this description;thence North 8 1 degrees 30 xdou/es west,along the northerly line of said tract and along the northerly line of another tract conveyed to the said Frank R.Bolden and wife,by Warranty Deed nf record inBook |44.Page 642.Cole County Recorder's 00Goo. 123 feet to the easterly line of another tract conveyed to said Frank R.Bolden and wife,hyWarranty Deed of record inBook 129,Page )94`Cole County Recorder's 0tDm thence north along the east line vfthe last mentioned Bolden tract.5Ofeet,to the northeasterly corner of said tract,and being oo the southerly line of Lot No.21 nfKrnborg Hills Subdivision,per plat of record in Plat Book 5.Page }|,Cn|*Coun4,D,co,dcr'o C Office;thence South 83 degrees 20 minutes east,along the southerly line of said Lot No.21,62 feet:thence South 87 degrees 50 minutes east,along the:southerly line of said Lot No. 21, 60.4 feet to the southeasterly corner of said Lot No.21;thence southerly in a direct line,50 feet,more or less,to the beginning point of this description.Recorded in Book 204,Page 99,Cole County Recorder's Office. TO HAVE AND TO HOLD the premises aforesaid,with all and singular the rights,privileges,appurtenances and immunities thereto belonging, or in anywise appertaining, unto the said party of the Second Part and unto its successors and assigns FOREVER,the said First Party hereby covenanting that he is lawfully seized of an indefeasible estate in fee in the premises herein conveyed;that he has good right to convey the same;that the said premises are free and clear of any encumbrances done or suffered by them or those under whom they claim and that they will warrant and defend the title to said premises unto the said party of the Second Part,and unto its successors and assigns FOREVER, against the lawful claims and demands of all persons whomsoever. IN WITNESS WHEREOF,the said party of the First Whas eu set hi al the day a year first above written. A.BOEHM STATE OF MISSOURI ) ss. COUNTY OF COLE / On this day o 002,before me personally appeared RICHARD A.BOEHM,to me known to be the persons described in and o cuted the foregoing instrument and acknowledged that he executed the same as his free act and deed. IN TESTIMONY WHEREOF.I have here my hand and affixed my official seal the day and year above written. o Notary Public rz i aC�y.cotnrriissfop expires: OV(G7 e r, 2926 South Ten Mile Drive • No. 2DO411729 Bk 508 Pg 753 State of Mi-souri Cole County RECORDED SeF, ].. 2004 2:2:3:17 PM Larry D. Rademan, Recorder of Deed2 Fees a217.00 C�� : SEAL UeputY �tC, GENERAL W NTY DEED ��99 This Indenture.Made on the day of Ry and between GARY R. HUTINGER AND SHIRLEY HL"TINGE , 1IUSBAND AND WIFE.GRANTOR(S)ofthe Cuunt_v of Cole.State of Missouri. arty,or parties of the first Part,and Sf'T/F,N MILE DRIVE 2928 L.L.C.,GRANTEE(S),Cirantees mailing address �?� t e— /�i�< �r e 7�iC�Ju _ J!�—%� �.. L.f/0 Q oflheCnunty of Cole•in the Stale of Missouri.part::or parties of the Second Part: ' Witnesseth.That said party or parties of the First Part in consideration of the sum of One Dollar and Other Valuable Consideration paid by the said party or parties of the Second Part. the receipt of Which is hereby acknowledged, does by these presents, GRANT, BARGAIN AND SELL,CONVEY AND CONFIRM unto the said party or parties of the Second Part, and to the heirs,successors or assigns of such party or parties,the following,described lots,tracts or parcels of land lying being and situate in the County of Cole,State of Missouri, to wit: PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10. TOWNSHIP 44, RANGE 12, IN THE CITY OF JEFFERSON, MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID QUARTER SECTION, 684 LINKS EAST OF THE NORTHWEST CORNER THEREOF;THENCE SOUTH PARALLEL WITH THE WEST LINE THEREOF, 1785 LINKS, TO A POINT IN THE PUBLIC ROAD;THENCE NORTH 84 DEGREES WEST (MAGNETIC), ALONG SAID ROAD 180 LINKS: THENCE NORTH PARALLEL WITH THE WEST LINE OF SAID QUARTER SECTION, 1742 LINKS, MORE OR LESS,TO THE NORTH LINE OF SAID QUARTER SECTION;THENCE EAST 175 LINKS,TO THE POINT OF BEGINNING. EXCEPT THAT PART CONVEYED TO THE STATE OF MISSOURI, FOR U. S, HIGHWAY ROUTE 50, BY CONVEYANCE OF RECORD IN BOOK 184, PAGE 560_ COLE COUNTY RECORDER'S OFFICE::. EXCEPT THAT PART CONVEYED TO MILDRED HAGAN, BY DEED OF RECORD IN BOOK 192, PAGE 551,COLE COUNTY RECORDER'S OFFICE. EXCEPT T14AT PART CONVEYED TO THE STATE OF MISSOURI FOR BUSINESS ROUTE 50, BY CONVEYANCE OF RECORD IN BOOK 250, PAGE 561, COLE COUNTY RECORDER'S OFFICE, EXCEPT THAI' PART' CONDEMNED IN CIRCUIT COURT CASE CV198-1253CC AND DESCRIBED IN REPORT OF COMMISSIONERS IN BOOK 405, PAGE 923, COLE C013NTY RECORDER'S OFFICE. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD TO HAVE AND TO HOLD the premises aforesaid, with ak and singular the rights, privileges, appurtenances and immunities thereto belonging or in anywise appertaining, unto the said party or parties of-the Second Part and unto the heirs,successors or assigns of such party or parties FOREVER, the said party or parties of the first part hereby covenanting that said party or parties are lawfully seized of an indefeasible estate in fee in the premises herein conveyed: that said party or parties have good right to com•ey the same; that the said premises are free and clear of any incumbrtutccs done or suffered by said party or parties of the first part or those under whom said party or parties of the first part claim and thrii said party or parties of the first part will WARRANT AND DEFEND the title to said premises unto the said party or parties of the Second Part, and unto the heirs, successors or assigns, of the party or parties of the second part FOREVER. against the lawful claims or demand, of all persons whomsoever. IN WITNESS ``WHEREOF, the said party or parties of the First Part hereunto set their hand or hands the day and year first above 4 S+, 2928 South Ten Mile Drive writ fw / < . ARY UTINGL S IRLC:Y fll iTfNG . STATE OF MISSOURI ss. CUUN fY OF CULL •� On fliA-5 D day of_ , cfore me personally appeared GAIT Y R. HUTINGER AND SHIRLEY HUTINGE , HUS ND AND WIFE to me known to be the person or persons described in and who executed[tic foregoing instnnnent-and acknowledged that said person or persons executed the some as said person's or persons'free act and deed. IN TCS'l IMONY WHERF.OF. I have '.iercunto set my hand and affixed my oftici seal n the County and State aforesaid, the day and year first above written, (Notary(Seal) My commission expires —tea )tar_'Pr lic Notary Public-Notary Seal STATE OF MISSOURI County of Cole My Cantmission Expires: ,April 9.2005 2928 South Ten Mile Drive 438;3 QUIT CLAIM DEED • THIS INDENTURE, made on the^ day of 1 e / A.D., Nineteen Hundred and Ninety-eight by and between Beverly J. Boehm, a single person, of the County of Cole, in the State of Missouri,party of the First Part, and Richard A. Boehm, a single person. Grantees mailing address: 2922 South Ten Mile Drive, Jefferson City, MO 65109, of the County of Cole, in the State of Missouri, party of the Second Part: WITNESSETH, That the said party of the First Part in consideration of the sum of One Dollar and other good and valuable considerations to her paid by the said party of the Second Part, the receipt of which is hereby acknowledged, does by these presents Remise, Release and forever Quit-Claim unto the said party of the Second Part, the following described Lots, Tracts or Parcels of Land lying, being and situate in the County of Cole, State of Missouri, to-wit: PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 44 NORTH, RANGE 12 WEST, IN THE CITY OF JEFFERSON, COLE COUNTY, MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: • FROM THE CENTER OF SAID SECTION 10; THENCE S06°08'E, ALONG THE QUARTER SECTION LINE, 321.19 FEET; THENCE N82°55'12"E, 855.04 FEET; THENCE N06°08'09"W, 226.71 FEET; THENCE S82°55'12"W, 254.48 FEET TO THE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE N06°0809"W, 229.28 FEET TO THE SOUTHERLY'LINE OF SOUTH TEN MILE DRIVE;THENCE S78°17'41"W, ALONG SAID SOUTHERLY LINE, 11.60 FEET; THENCE N85°08'18" W ALONG THE SOUTHERLY LINE OF SOUTH TEN MILE DRIVE, 77.44 FEET; THENCE N81'30'59" W, ALONG THE SOUTHERLY LINE OF SOUTH TEN MILE DRIVE, 10.96 FEET; THENCE S06°08'09"E, 1 16.1 1 FEET; THENCE S43°17'04"E, 162.57 FEET TO THE POINT OF BEGINNING. (This Quit Claim Deed is executed pursuant to the terms of the Decree of Dissolution entered in the case of Richard A. Boehm vs. Beverly J. Boehm, Cole County Case No. CV197-1058DR.) TO HAVE AND TO HOLD the same, with all the rights, immunities, privileges and appurtenances thereto belonging unto the said party of the Second Part, and heirs and assigns, FOREVER so that neither the said party of the First Part nor her heirs, nor any other person or persons for her or in her Name or behalf, shall or will hereafter • claim or demand any right or title to the aforesaid premises, or any part thereof, but 1 Unaddressed property adjacent to and west of 2922 South Ten Mile Drive i they and every one of them shall, by these presents, be excluded and forever barred. • IN WITNESS WHEREOF, the said party of the First Part has hereunto set her hand and seal the day and year first above written. Beverly J. Boe STATE OF MISSOURI ) ) ss. COUNTY OF COLE ) On this day of 19 before me personally appeared Beverly J. Boehm, to me known to be the person described in and who executed the foregoing instrument and acknowledged that she executed the same as her free act and deed. And the said Beverly J. Boehm further declared herself to be single and unmarried. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in the day and year first above written. zzy SHARI L WHITE Notary Public Notary Publlc-Nolary Seal STATE OF MISSOURf • County of We My commission expires: MyCommissfon Expires January 23,2002 FOR THE RECORDER Unaddressed property adjacent to and west of 2922 South Ten Mile Drive S I I c .,i !415SOUflI 001: i i y 'IF COLE i8 r1RY ,i ] 55 2 1 `fit i fpy p s , John LaCity of Jefferson Mayor • Department of Community Development Patrick E.Sullivan, P.E.; Director 320 East McCarty Street Phone: (573) 634-6410 Jefferson City, Missouri 65101 ?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. P07011 — Tomlee Road/South Ten Mile Drive Area; Comprehensive Plan Amendment and Rezoning. Request filed by Richard and Beverly Boehm, Ronald and Marjorie Prenger, and Bonnie Jean Pinet, property owners, to rezone 9 property parcels consisting of approximately 4.43 acres from RS-1 Low Density Residential to C-1 Neighborhood Commercial and an associated amendment to the comprehensive plan. The street addresses of the properties contained within this area include 614, 616, 620 and 622 Tomlee Road, 2919, 2922, 2926 and 2928 South Ten Mile Drive, and an unaddressed property adjacent to and west of 2922 South Ten Mile Drive. The property is generally located on the southeast corner of the intersection of Missouri.Boulevard and Highway 179 and at the intersection of Tomlee Road and South Ten Mile Drive. Full legal descriptions of the affected properties and maps of the area are on file at the Department of Community Development and are available for review during regular business hours. 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. jDEPARTMENT OF COMMUNITY DEVELOPMENT Eric Barron, AICP Senior Planner ity of of arson «, r� COMMUNITY DEVELOPMENT �U _._.- --.-___------------_-.-- "building a better comn-iunit, Jefferson City Planning&Zoning Commission Property Owners List Case No. P07011 Tomlee Road/S. Ten Mile Drive Area April 12, 2007 Lucas Chen Ronald Prenger • . Joseph Chen 1504 Green Berry Road 2208 Missouri Boulevard Jefferson City, MO 65101 Jefferson City, MO 65109 2905 Kenborg Hills S. Ten Mile Drive Ronald Prenger Michael Distler 200 E. High Street Capital Installers Jefferson City, MO 65101 3012 S. Ten Mile Drive 2904 Kenborg Hills Jefferson City, MO 65109 2906 Kenborg Hills 3012 S. Ten Mile Drive S. Ten Mile Drive 2906, LLC Evangelical Free Church of Jefferson 2922 S. Ten Mile Drive City Jefferson City, MO 65109 1308 Hoffman Drive 2906 S. Ten Mile Drive Jefferson City, MO 65101 3011 S. Ten Mile Drive S. Ten Mile Drive 2904, LLC 2922 S. Ten Mile Drive Leonard Heimericks, et al Jefferson City, MO 65109 5245 Highway 94 2904 S. Ten Mile Drive Tebbets, MO 65080 619 Tomlee Road • Kenborg Drive 2911, LLC 2922 S. Ten Mile Drive Jefferson City, MO 65109 2911 Kenborg Hills 2907 Kenborg Hills Charles & Catherine Krug 2914 S. Ten Mile Drive Jefferson City, MO 65109 2914 S. Ten Mile Driuve Land Investments, LLC 8514 Liberty Road Jefferson City, MO 65101 S. Ten Mile Drive Gloria Phillips 2910 S. Ten Mile Drive Jefferson City, MO 65109 2910 S. Ten Mile Drive • PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION April 12,2007 lase No. P07011 — Tomlee Road/South Ten Mile Drive Area; Comprehensive Plan Amendment and Rezoning. Request filed by Richard and Beverly Boehm, Ronald and Marjorie Prenger, and Bonnie Jean Pinet, property owners, to rezone 9 property parcels consisting of approximately 4.43 acres from RS-1 Low Density Residential to C-1 Neighborhood Commercial and an associated amendment to the comprehensive plan. The street addresses of the properties contained within this area include 614, 616, 620 and 622 Tomlee Road, 2919, 2922, 2926 and 2928 South Ten Mile Drive,and an unaddressed property adjacent to and west of 2922 South Ten Mile Drive. The property is generally located on the southeast corner of the intersection of Missouri Boulevard and Highway 179 and at the intersection of Tomlee Road and South Ten Mile Drive. The _ property is described as lots 21, 22,and part of lots 23 and 24 of Kenborg Hills Subdivision and six metes and bounds parcels located in the southwest quarter of the northeast quarter and the northwest quarter of the southeast quarter of Section 10, Township 44, Range 12, Jefferson City, Missouri. The 9 property parcels are identified by parcel numbers 10-02-10-0001- 002-050, 10-02-10-0001-002-051, 10-02-10-0001-002-052, 10-02-10-0001-002-053, 10-02-10-0001-002-054, 10-02-10- 0001-002-055, 10-02-10-0001-002-056, 10-02-10-0004-002-002, and 10-02-10-0004-002-003. Full legal descriptions of the affected properties and maps of the area are on file at the Department of Community Development and are available for review during regular business hours. Correspondence Correspondence will be distributed at the meeting. (none received as of 4-4-07) Zoning and Surrounding Land Use Current Zoning: RS-1 Low Density(single family)Residential Current Use: Single Family Residential Requested Zoning: C-1 Neighborhood Commercial Intended Use: Commercial Surrounding Zoning Surrounding Uses North N/A Highway Interchange South RS-2/C-2 Vacant Land East RS-1 Single Family Neighborhood West C-2 Commercial Development across Hwy 179 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: Yes No Notes: Complies with Comprehensive Plan X An associated application for an amendment to the Comprehensive Plan has been submitted Has access to an Arterial Street X Access to Missouri Blvd. would be off of Tomlee Road Has access to necessary utilities X Has adequate sewer service 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 residential neighborhood Located on highway or intersection X Hwy 50/Hwy 179/Missouri Boulevard Benefit to City is substantial when compared to adverse X The City would benefit from additional affects on adjacent property commercial land near a major intersection ,rezoning would not be a grant of privilege to the owner X The rezoning would allow for additional th little or no benefit to the public commercial opportunities along MO Blvd. Case No. P07011 April 12, 2007 fter rezoning, the allowed uses would be compatible with X A large amount of commercially zoned land uses allowed in adjacent districts exists in the general area After rezoning, the allowed uses would be compatible with X Any development would be in conflict with adjacent existing land uses the existing residential neighborhood If not rezoned, the owner would be deprived of use X However, commercial development in the advantages enjoyed by surrounding owners (reverse spot area is located across major roadway with zoning no connectivity to this property. The requested rezoning would be an expansion of an X All adjacent land is zoned Residential existing district Approve Den S X Nature of Request The purpose of the rezoning request is to make the property available for commercial development. No potential land uses or development plans have been conveyed to the City. Hij!hway Access Discussion Access to the property would be off of Missouri Boulevard via Tomlee Road. The Missouri Department of Transportation is currently studying the Missouri Boulevard/Highwayl79/Highway 50 interchange and is looking at a variety of construction options that would increase the capacity and functionality of that interchange. Although none of the current options that are being studied would involve the closure of Tomlee Road, MoDot officials did convey the Ossibility that Tomlee Road could be reconfigured as a limited access (right-in, right-out) intersection at some time in e future. Any commercial development of this property would likely meet the traffic generation threshold outlined in the zoning code of 100 new peak-hour vehicle trips and the developer would therefore be required to submit a traffic impact analysis report to both MoDot and the City of Jefferson. This report would detail recommendations on necessary roadway improvements that would be required to adequately serve the site. • Case No. P07011 April 12, 2007 COMPREHENSWE PLAN AMENDMENT CRITERIA • (Compiled by City Staff) 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. With the completion of the Highway 179 corridor and the consideration of existing traffic counts at the Htty 50,Hwy 179,Missouri Boulevard interchange, thepotentialfor a concentration ofcommercial development in this area may have been overlooked. B. Whether events subsequent to the Comprehensive Plan adoption have invalidated the Commission's 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 in the vicinity of highway interchanges is a policy outlined within 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 change is not proposed due to any inconsistencies with other adopted plans.. 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. The utilities required for any commercial development of this site would be reasonably accessible. 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 sa�ffcient 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 would further the development of a "node"of commercial land use at the Hwy 50/Hwy 179/Missouri Boulevard Interchange. • 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. P07011 — Tomlee Road/South Ten Mile Drive Area; Comprehensive Plan Amendment and Rezoning. Request filed by Richard and Beverly Boehm, Ronald and Marjorie Prenger, and Bonnie Jean Pinet, property owners, to rezone 9 property parcels consisting of approximately 4.43 acres from RS-1 Low Density Residential to C-1 Neighborhood Commercial and an associated amendment to the comprehensive plan. The street addresses of the properties contained within this area include 614, 616, 620 and 622 Tomlee Road, 2919, 2922, 2926 and 2928 South Ten Mile Drive, and an unaddressed property adjacent to and west of 2922 South Ten Mile Drive. The property is generally located on the southeast corner of the intersection of Missouri Boulevard and Highway 179 and at the intersection of Tomlee Road and South Ten Mile Drive. Mr. Mike Bates, Central Missouri Professional Services, 2500 E. McCarty Street, spoke regarding this request. Mr. Bates distributed a visual showing the ownership of the adjacent properties. He stated that the subject tracts are large enough to support C-1 Neighborhood Commercial uses. Mr. Bill Gratz, 2315 Route M, spoke regarding this request. Mr. Gratz explained that the existing homes are currently used as rental properties and will be kept as such until the properties are sold, with the exception of Mr. Boehm's house. • Mr. Lee DeBroeck, 2830 South Ten Mile Drive, stated that he is not opposed to the rezoning request but inquired whether the proposed development will affect Tomlee Road, since it is an alternative route to Stoneridge Parkway. Staff explained that the development of the property would likely require a traffic impact study that would outline any required roadway improvements in the area. Excerpt of Unapproved Minutes/Jefferson City Planning &Zoning Commission Page 2 April 12, 2007 No one spoke in opposition to this request and no correspondence was received. Mr. Barron gave the Planning Division staff report and explained the allowed and prohibited uses for the subject property. He stated that no potential land uses or development plans have been conveyed to the City and access to the property would be off of Missouri Boulevard via Tomlee Road. Mr. Barron explained that the Missouri Department of Transportation (MoDOT) is currently studying the Missouri Boulevard/Highway179/Highway 50 interchange and is looking at a variety of construction options that would increase the capacity and functionality of that interchange. Although none of the current options that are being studied would involve the closure of Tomlee Road, MoDot officials have conveyed the possibility that Tomlee Road could be reconfigured as a right-in, right-out intersection at some time in the future. Mr. Lake moved and Mr. Nunn seconded to recommend approval of the comprehensive plan amendment from Low Density Residential to Commercial to the City Council. The motion passed 8-0 with the following votes: Aye: Deeken, George, Hagan, Hoskins, Jordan, Koon, Lake, Nunn Mr. Lake moved and Mr. Nunn seconded to recommend approval of rezoning property located in the Tomlee Road/South Ten Mile Drive Area from RS-1 Low Density Residential to C-1 Neighborhood Commercial, to the City Council. The motion passed 8-0 with the following votes: Aye: Deeken, George, Hagan, Hoskins, Jordan, Koon, Lake, Nunn