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Home My Public Portal AboutORD14070 • BILL NO. 2006-36 SPONSORED BY COUNCILMEN Ferguson, Harvey, Vogel, Schnitzler. Crane, Pope, Brown, Layton, Berry, and Martin ORDINANCE NO. 109V AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI PROVIDING FOR THE VOLUNTARY ANNEXATION OF REAL PROPERTY CONTIGUOUS TO, AND LYING NORTH OFTHE PRESENT CITY LIMITS, INTO THE CITY OF JEFFERSON, MISSOURI, LOCATED IN SECTION 33, IN TOWNSHIP 45 NORTH, RANGE 12 WEST IN THE COUNTY OF COLE, STATE OF MISSOURI, AND AMENDING SECTION 1-17 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, DEFINING THE EXISTING CITY BOUNDARY BY ADDING ONE NEW SUB-SECTION PERTAINING TO THE SAME SUBJECT. WHEREAS, pursuant to Section 71.012.2 RSMo, 1994, the City Council of the City of Jefferson desires to annex the unincorporated area of land described in Section 1; and WHEREAS, the owners of the property have submitted a petition to have their property Included within the corporate boundaries of the City of Jefferson; and • WHEREAS, the property is adjacent to the City and is located north of existing Madeline's Park Subdivision,to be platted as Madeline's Park North Subdivision Section One and accessed from an extension of Madeline's Park Circle; and WHEREAS, a public hearing concerning the annexation was advertised on July 19 , 2006 in the Jefferson City Post Tribune; and NOW THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The City Council Intends to and shall proceed to annex, as provided by law, the unincorporated area nf land described as follows, more or less; Part of the South Half of the Southwest Quarter of the Southeast Quarter of Section 33, Township 45 North, Range 12 West, Cole County, Missouri being part of thal property described by deed of record in Book 419,page 861,Cole County Recorder's Office, more particularly described as follows: From a point on the south line of Section 33,Township 45 North,Range 12 West said point being the northeast comer of Section 4,Township 44 North, Range 12 West; thence along the south line of the aforesaid property described in Book419,page 861,S88°26'3 1"W,along the Township Line,52.92 feet to the POINT OF BEGINNING for this description; thence continuing along the south line of the aforesaid property described in Book 419,page 861,S88'26'3 I"W,along the Township I.ine,349.86 feet; thence leaving the south line of the aforesaid property described in Book 419, page 861, N1°33'41"W, 159.98 feel; thence S88°26'19"W, 13.34 feel; thence NI°46'28"W, 200.37 feet;thcnceN88°13'32"E,41.50 feet;thcnccNI°46'28"W,324.17 feet to the north line of the South Half ofthe Southwest Quarter ofthe Southeast Quarter of said Section 33; thencc N88°21'27"E,along thenorth line ofthe South Half ofthe Southwest Quancrofthe Southeast Quartcrofsaid Section 33,340.00 41.50 feel;thence leaving the north line ofthe South Half of the Southwest Quarter of the Southeast Quarter of said Section 33, SI°46'28"E, 324.65 feet; thence S88°13'32"W, feel; thence Sl °46'28"I,, 140.37 Ibel; thence N88°26'19"E, 23.42 feet; thence SI°33'41"E, 220.00 feet to the POINT OF BEGINNING. Containing 5.41 acres. Section 2. The City Council finds and declares that the land described in Section 1 Is contiguous to the City boundary; that the annexation is reasonable and necessary to the proper development of the City; and further, did determine the City has the ability to furnish normal municipal services to the area. Section 3. A public hearing was held on August 7, 2006 as provided by law, concerning the annexation of the unincorporated area described in Section 1. Section 4. The land described in Section 1 shall be zoned RS-2 Single Family Residential until such time as the zoning may be changed In the manner provided for by State Statute and City Code. Section 5. Section 1-17 of the Code of the City of Jefferson, Missouri is hereby amended by adding one new subsection which shall read as follows; • ( )The ClWs boundaries shall also include the following parcel: Part of the South Half of the Southwest Quarter of the Southeast Quarter of Section 33, Township 45 North, Range 12 West, Cole County, Missouri being part of that property described by deed of record in Book 419,page 861,Cole County Recorder's Office, more particularly described as follows: From a point on the south line of Section 33,Township 45 North,Range 12 West said point being the northeast corner of Section 4,'Township 44 North, Range 12 West; thence along the south line of the aforesaid property described in Book 419,page 861,S88°26'31"W,along the Township Line,52.92 feet to the POINT 01- BEGINNING for this description; thence continuing along the south line ofthe aloresaid property described in Book 419,page 861,S88°26'31"W,along the Township Line,349.86 feet; thence leaving the south litre of the aforesaid property described in Book 419, page 861,NI°33'41"W, 159.98 feet; thence S88°26'19"W, 13.34 feel; thence NI 046'28"W, 200.37 feet;thencc N88°13'32"E,41.50 feel;thencc N I°46'28"W,324.17 feel to the north line of the South Half of the Southwest Qunrtcr of the Southeast Qunrtcr of said Section 33; thence N88°21'27"E,along the north line of the South Half of the Southwest Qunrtcr of the Southeast Quarterof said Section 33,340.0041.50 feet,thence leaving the north line of the South Half of the Southwest Quarter of the Southeast Quarter of said Section 33, SI°46'28"E, 324.65 feet; thence S88 013'32"W, feet; thence S1 °46'28"E, 140.37 tcct; thence N88°26'19"E, 23.42 feet; thence S1°33'41"E, 220.00 feet to the POINT OF BEGINNING. Containing 5.41 acres. Sect 5 The annexed area shall be in Ward 3 of the City. • Section 7 The effective date of this Ordinance and the annexation of the area described in Section 1 will be upon passage and approval, provided that no written objections to the proposed annexation are filed with the City Council. If sufficient objections are filed, this ordinance shall not become effective until such time as the annexation issue has been resolved pursuant to the provisions of Chapter 71 RSMo. Passed�✓� /+ �(� Approved_ /�/o Pre ing Officer ayor A T: AP S TO FORM: ity dierk City unse or • PUBLIC HEARING NOTICE Voluntary Annexation&Zoning Plan The City Council of the City of Jefferson, Missouri, will hold a public a hearing on Monday, August 7, 2006 at 6:00 p.m. in the Council Chamber of the John G. Christy Municipal Building, 320 East McCarty Street, to consider the proposed voluntary annexation by petition of the property owner and zoning plan of RS-2 Single Family Residential for the following-described land, to be platted as Madeline's Park North Subdivision, Section One: Part of the South Half of the Southwest Quarter of the Southeast Quarter of Section 33, Township 45 North, Range 12 West, Cole County, Missouri being part of that property described by deed of record in Book 419, page 861, Cole County Recorder's Office, more particularly described as follows: From a point on the south line of Section 33, Township 45 North, Range 12 West said point being the northeast comer of Section 4, Township 44 North, Range 12 West; thence along the south line of the aforesaid property described in Book 419, page 861, S88E26'31"W, along the Township Line, 52.92 feet to the POINT OF BEGINNING for this description; thence continuing along the south line of the aforesaid property described in Book 419, page 861, SBBE26'31"W, along the Township Line, 349.86 feet; thence leaving the south line of the aforesaid property described in Book 419, page 861, N1E33'41"W, 159.98 feet; thence S88E26'19"W, 13.34 feet; thence N1E46'28"W, 200.37 feet; thence N88E13'32"E, 41.50 feet; thence N1E46'28"W, 324.17 feet to the north line of the South Half of the Southwest Quarter of the Southeast Quarter of said Section 33; thence N88E21'27"E, along the north line of the South Half of the Southwest Quarter of the Southeast Quarter of said Section 33, 340.00 41.50 feet; thence leaving the north line of the South Half of the Southwest Quarter of the • Southeast Quarter of said Section 33, S1E46'28"E, 324.65 feet; thence S88E13'32"W, feet; thence S1E46'28"E, 140.37 feet; thence N88E26'19"E, 23.42 feel; thence S1E33'41"E, 220.00 feet to the POINT OF BEGINNING. Containing 5.41 acres. P.T..- Wednesday, July 19, 2006 Department of Community Development/Planning Division 320 East McCarty Street, Room 120 Jefferson City, Missouri 65101 Contact: Anne Stratman or Janice McMillan (573) 634.6475 Fax (573) 634.6457 • 0 0 City of Jefferson Planning & Zoning `I {, ♦ +Lw SrL :: .'• FJ�-t a'SYa. 'Yi-s�'-•a�S�{ � '4: :�. '�Y `S-`••'r :'S—� *�`' °:'Shy .. •.:....�`tirs i :�.... to 'i �. ^, �.'�,'' ...: ,;rii:, •Y.'ic:Vii-=+ Pro osed RS-2 �i-.c-> � c":• ";>s:ti =;;': ;^ \r•: T� Single Family �:'r:."y�� .>< -�.• -�: _.: :-.-ate - `_yam_`.-...',. � � f • •i �'�. Madeline's Park North Subdivision, Sec 1 Voluntary Annexation &Zoning Plan ,;0 '1.5�.�1� N�5^`� y. '., - '. •,ice• .. n �1- '°F,Q�-i' i - ',�,. :z�� .�- � . ^ tee<PUD=.:.': ";' C-O-�--�• v. - M,1:1RUD RA7- -R 1 N WOf-oE ° 15 230 460 6 Fee 1 LOCATION V 5 PETITION FOR VOLUNTARY ANNEXATION • Doug Lute, ) Petitioner ) COMES NOW, the Petitioner,Doug Lute and pursuant to the provisions of§71.012, RSMo., hereby petitions the City of Jefferson City, for�annexation into the City of Jefferson City, and in support thereof, states the following: 1. That Petitioner is the owner of certain property in Cole County, Missouri, said property being described in the attached exhibit and being hereinafter referred to as "the Property": 2. This real estate is not now a part of any incorporated municipality. 3. This real estate is contiguous and compact to the existing corporate limits of the City of Jefferson,Missouri, or is contiguous and compact to other property petitioned for annexation. 4. That the Petitioner is the owner in fee of all of the property to be annexed. 5. Petitioner specifically states that this petition is contingent upon the sale of • this property to a third party and that if such sale does not close by Sunday, July 16,2006,that this petition shall be withdrawn and shall be null and void. WHEREFORE, Petitioner requests that the City of Jefferson City annex the aforesaid property. Doug Lute State of Missouri ) )ss County of Cole ) On this I day of.?and 2006, before me personally appeared Doug Lute to me known to be the person described in who a uted the foregoing Instrument,and acknowledged that he executed the same as his free act andeed. In Testimony Whereof,l have set my hand and affixed my official seal at my office in Jefferson City_ the day and year first above written. !Itibj*?[iblic • My commission expires: � DEBBIE WHITE Notary Public•Notary seat STATE OF MISSOURI County of Cole My Commission Expires: EXHIBIT A • Property Boundary Description Part of the South Half of the Southwest Quarter of the Southeast Quarter of Section 33, Township 45 North, Range 12 West,Cole County,Missouri being part of that property described by deed of record in Book 419, page 861, Cole County Recorder's Office, more particularly described as follows: From a point on the south line ofSection 33,Township 45 North,Range 12 West said point being the northeast comer of Section 4,Township 44 North,Range 12 West;thence along the south line of the aforesaid property described in Book 419,page 861,S88'26'3 I"W,along the Township Line, 52.92 feet to the POINT OF BEGINNING for this description; thence continuing'along the south line of the aforesaid property described in Book 419, page 861, S88°26'31"W, along the Township Line, 349.86 feet; thence leaving the south line of the aforesaid property described in Book 419, page 861, N1 033'41"W, 159.98 feet; thence S88°26'19"W, 13.34 feet; thence N 1 046'28"W,200.37 feet;thence N88 013'32"E,41.50 feet;thence NI 046'28"W,324.17 feet to the north line of the South Half of the Southwest Quarter of the Southeast Quarter of said Section 33; thence N88°21'27"E, along the north line of the South Half of the Southwest Quarter of the Southeast Quarter of said Section 33,340.00 41.50 feet; thence leaving the north line of the South Half of the Southwest Quarter of the Southeast Quarter of said Section 33,S 1°46'28"E,324.65 feet; thence S88 013132"W, feet; thence S1°46'28"E, 140.37 feet; thence N8g°26'19"E, 23.42 feet; thence S I°33'41"E, 220.00 feet to the POINT OF BEGINNING. Containing 5.41 acres. • •" PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION JULY 13,2006 Case No.P06026—Voluntary Annexation and Zoning Plan for 5.41 acres to be platted as Madeline's Park North Subdivision,Section One. The property is approximately 1,000'north of Ten Mile Dr,with access via Madelines Park Circle. Application filed by Jim Kleindeinst/Capital City Construction(Central Missouri Professional Services). Bnckaround The preliminary plat was approved on April 13,2006 subject to completion of certain technical corrections.The preliminary plat is proposed to be renamed from"Madeline's Park Subdivision Section Two"to"Madeline's Park North"in order to reduce confusion. Upon annexation, access to the area will be provided by a northward extension of Madelines Park Circle, the City's wastewater services will be available upon annexation. Description of Area Proposed Zoning: RS-2 Single Family Residential/Land Use Designation is Low Density Residential Size of Property: 5.41 acres • Number of Lots: 14 Staff Recommendation Staff recommends approval of the annexation and zoning plan. • Jefferson City Planning & Zoning Commission July 13, 2006 Property Owners List Case No, P06026 Property located 1,000 feet north of North Ten Mile Drive Travis Block Construction, LLC Brent & Dawn Yerian 274 Madelines Park Circle 318 Madelines Park Circle Jefferson City, MO 65109 Jefferson City, MO 65109 323 Madelines Park Circle 318 Madelines Park Circle Tarina Bowers 286 Madelines Park Circle Jefferson City, MO 65109 286 Madelines Park Circle Randy& Ellen Davenport 322 Madelines Park Circle Jefferson City, MO 65109 322 Madelines Park Circle James& Barbara Esterly 500 Esterly Estates Jefferson City, MO 65109 500 Esterly Estates 829 Schutnate Chapel Road Green Construction Company, LLC 516 N. Eagle Trace • Jefferson City, MO 65109 290 Madelines Park Circle Janice Schanbacher 294 Madelines Park Circle Jefferson City, MO 65109 294 Madelines Park Circle or 315 Madelines Park Circle Steven Taylor Chris Allen 319 Madelines Park Circle Jefferson City, MO 65109 319 Madelines Park Circle Ken Vaughan Construction Company PO Box 451 California, MO 65018 120 Kingsbury Court • RE ED July 11, 2006 DEPARTMENT OF City of Jefferson COMMUNITY DEVELONAPIT _.. Department of Community Development Planning and Zoning Commission 320 East McCarty Street Jefferson City, MO 65101 Dear Commission Members: The proposed voluntary annexation for"Madeline's Park North Subdivision, Section One" is a cause for heartburn and concern on the part of this neighbor. Let me count the reasons: 1. We purchased our new home at 319 Madeline's Park Circle under the assumption that we would be at the end of a"dead-end"street. The limited traffic and a backyard view of nothing but trees were key motivators for wanting to live here. 2. We have several north-side windows which allow relaxing views of nature and provide great natural light. You'll be forcing us to buy curtainsl The deck and patio which now offer peace and solitude will become viewing stations. 3. We assume"someone"will be constructing a bridge or other type of crossing that • will allow traffic to zip along what has been a pleasant, quiet street. The fact that it will be a downhill approach to a crossing that is mere yards from our property is cause for high levels of anxiety. 4. The fact that residents of 14 new properties will be winding their way through a circle is a serious issue. There has to be a better way to enter the area. S. We are also quite sure, given the history of public and private development in Jefferson City,that hundreds of trees which currently provide incalculable esthetic value will be smashed and crashed out of the way, leaving more scorched earth to look at. 6. We are not convinced that you will take our concerns into account,but we are very certain that the proposed development should be entered from another direction and that a serious effort should be made to preserve the natural environment and to find someone who understands a few things about run-off and erosion. Si ee T y 6 Steve Taylor • h 11 3$,!x "Y.urj !� In Map Key Ord. 14070 ILI NNW bM y:'vif y.�1S'41 a �� ,� v 1str"�•,�.14,..ti 4•.F Ce �r�k° r 'f1X'(1 � .",'�.5 �• r'��v 'r��e./a.,,,;•.�� •- g [ f"Y;ti��a„Ya � �:-ir:!'��'iL�}i+`4"i�'.`'Y`�N.7.npv..�ftii�i'b'l'G��e}4 . f-. ;�nJ ;r t,yl,l•�,a. �� "1 � `�` ra.4.P'z14�`�,�rt rl�.',.t'+t�.L"i'.ur0..tik'�'r�1?rl`�EKr'�J ■ 1 , • of ersonpjW DEVELOPME Memorandum ' COMMUNth' NT 320 East McCarty street • Jefferson Clty,Missourl 65101 • P: 573.634.6410 • F: 573.634.6457 • wwwjef(citymo.org/cd TO: Phyllis Powell, City Clerk FROM: jpknice McMillan, Deputy Director for Planning &Transportation Services DATE: September 19, 2006 SUBJECT: Annexation Ordinance No. 14070 Approved by the City Council on August 8, 2006 Madeline's Park North Please be advised that the 5.41 acres annexed by the above ordinance is currently undeveloped land. It is in the process of being platted Into a single family residential subdivision to be named Madeline's Park Subdivision North, Section One, There are no businesses operating within the above-referenced annexation area. • • "building a better community' or r q r John Landwehr a • City of Jefferson Mayor STATE OF MISSOURI ) COUNTY OF COLE SS CERTIFICATE I,Phyllis Powell,City Clerk of the City of Jefferson,Missouri,hereby certify that the attached are true and accurate photocopies of the following rocord(s)of the City of Jefferson, Missouri: 1. Ordinance Number 14070, enacted by the City of Jefferson, • Missouri, on August 7, 2006, pages 1 through 3, voluntary annexation of property to be platted as Madeline's Park North Subdivision,Section One,and following attachments: a. Public Hearing Notice published July 19,2006; a. Madeline's Park North Subdivision,Sec 1 Location Map,page 1 of 1; Petition for Voluntary Annexation by Petitioner Doug Lute, pages 1 through 1; Exhibit A Property Boundary Description,page 1 through 1;Planning Staff Report,Case No. PD6026, page 1 through 1;Jefferson City Planning&Zoning Commission Properly Owners List,Casa No,P06026,July 13, 2006,page 1 through 1;Lotter from Steve Taylor dated July 11, 2006,page 1 through 1;Map of the City of Jefferson with Map Key annofaling Ord. 14070, page 1 through 1, which shelf be recorded as two Individual pages at the Cole County Recorder's office; b. Memorandum dated September 19, 2006, from Janice McMillan,Senior Planner,to Phyllis Powell,City Clark,verifying businesses within annexed area,pages 1 through 1, Said attached document and attachments thereto contains a total of thirteen (13) pages Inclusive, IN WITNESS WHEREOF 1 have set my hand and affixed the seal of the City of Jefferson,Missouri,on October 6,2006, IS E A L of the City of Jefferson) , A •?,`7 .'' '' ;�,;•("• " ^' hyllis Powell,Clly Clerk (( ND. 200611616, Bk 591 Pg 382 + ► :..t;il,�,y .`Jt f t, State E Mt, Cole County RECORDED Oct ct 116 18,, 2006 2:47:52 PM :`'e1. "'er''�' -,•" Larry 0. Rademan, Retarder of Deeds •`�.•� :: 3+,��1N v�.:t � vy.. �' rt�i.,�, ,1 1-!` fees t63.00