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HomeMy Public PortalAboutORD14091 • BILL NO. 2006-58 SPONSORED BY COUNCILMAN LAYTON ORDINANCE NO. 1 II b"9 1 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING, AMENDING, AND MODIFYING THE ZONING MAP OF THE ZONING CODE OF THE CITY OF JEFFERSON, BY REZONING FROM RS-2 SINGLE FAMILY RESIDENTIAL TO C-2 GENERAL COMMERCIAL, THE PROPERTY ADDRESSED AS 2229 CHRISTY DRIVE, LOCATED IN PART OF THE SOUTHEAST QUARTER OF SECTION 23 AND PART OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 44 NORTH, RANGE 12 WEST,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-2 Single Family Residential • to C-2 General Commercial: Part of the Southeast Quarter of Section 23 and part of the Southwest Quarter of Section 24, Township 44 North, Range 12 West, in Cole County, Missouri, more particularly described as follows: BEGINNING at the southeast corner of said Section 23; thence N86 005'49"W, along the Section Line, 518.00 feet to the east right-of-way line of the U.S. Highway 54 connection to Missouri State Highway B; thence Northerly, along said connection right-of-way line and continuing along the current U.S. Highway 54 right-of-way line, the following courses: N1°34'21"E, 18.66 feet; thence N7 010'34"W, 327.30 feet;thence N1 0056'43"W, 172.60 feet; thence N22 009'33"W, 503.71 feet; thence N21 021'19"W, 70.19 feet; thence Northerly, on a curve to the right, having a radius of 629.00 feet,an arc distance of 292.98, (the chord of said curve being N8 049'39"W,290.34 feet);thence N10 013'35"E, 52.34 feet; thence Northerly, on a curve to the right, having a radius of 1545.17 feet,an arc distance of 683.55 feet, (the chord of said curve being N21 059'05"E, 677.99 feet); thence N34°40'29"E, 131.20 feet; thence Northeasterly, on a curve to the right, having a radius of 2226.00 feet, an arc distance of 252.95 feet, (the chord of said curve being N37 055'47"E, 252.82 feet; thence N40 007'04"E, 196.75 feet; thence S47 031'35"E, 17.37 feet; thence Northeasterly, on a curve to the right, having a radius of 2217.00 feet, an arc distance of 3.94 feet, (the chord of said curve being N46°05'50"E, 3.94 feet); thence N46 008'53"E, 71.80 feet; thence S45 042'03"E, 25.71 feet; thence N48 009'38"E, 104.52 feet to the most northerly corner of the property described in Book 530, page 809, Cole County Recorder's Office; thence leaving the aforesaid U.S. Highway 54 right-of-way line, Southwesterly, along the eastern boundary of said property described in Book 530,page 809,the following courses: Southwesterly,on a curve to the left, having a radius of 410.00 feet, an arc distance of 34.34 feet, (the chord of said curve being S31°06'37"W, 34.33 feet; thence Southwesterly, on a curve to the right, having a radius of 490.00 feet,an arc distance of 78.86 feet, (the chord of said curve being S33 019'19"W, 78.78 feet to a point intersecting the common boundary of the properties described in Book 367, page 353 and Book 325, pages 599 and 600, Cole County Recorder's Office and said • -1- • common boundary being described therein as the southerly line of a private roadway; thence leaving the aforesaid boundary of the property described in Book 530, page 809, Easterly along the southerly line of said private roadway,(being the common boundary of the properties described in Book 367, page 353 and Book 325, pages 599 and 600) the following courses: S41°28'46"E, 156.31 feet; thence Southeasterly, on a curve to the left, having a radius of 37.11 feet, an arc distance of 24.64 feet, (the chord of said curve being S60 030'14"E, 24.19 feet); thence S79 031'41"E, 71.42 feet; thence Southeasterly, on a curve to the right, having a radius of 285.00 feet, an arc distance of 196.12 feet, (the chord of said curve being S59°48'53"E, 192.27 feet);thence S40 006'04"E, 76.81 feet;thence Southeasterly,on a curve to the right, having a radius of 360.00 feet, an arc distance of 189.45 feet, (the chord of said curve being S25 001'31"E, 187.27 feet); thence Southeasterly,on a curve to the left, having a radius of 240.00 feet, an arc distance of 150.80 feet, (the chord of said curve being S25°58'46"E, 148.33 feet);thence S48°33'53"E,767.43 feet;thence S30 044'46"E,66.18 feet to the south line of the Northwest Quarter of the Southwest Quarter of the aforesaid Section 24;thence leaving the southerly line of said private roadway, S88 035'52"E, along the Quarter Quarter Section Line and along the aforesaid common boundary of the properties described In Book 367, page 353 and Book 325, pages 599 and 600, 13.27 feet to a corner on the eastern boundary of the property described in said Book 367, page 353; thence leaving the boundary of the aforesaid property described in Book 325,page 599 and 600,and continuing along the boundary of the property described in Book 367, page 353, the following courses: S2°14'10"W,59.32 feet;thence N88 027'36"W,213.40 feet;thence S25054'1 9"W,609.50 feet; thence S47'41'02"W, 516.71 feet; thence S2 004'25"W, 246.54 feet; thence S46 044'24"W, 206.54 feet to a point on the south line of the aforesaid Section 24; thence N87 054'57"W, along the Section Line, 26.40 feet to the POINT OF BEGINNING. Containing 64.02 acres. 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. Section 3 This ordinance shall be in full force and effect from and after its passage and approval. Passed a', Approved: ��/ ZD06 Presid ng Offi er ly yor AT'frz A VE LTO OR M: its G'L�� !1-l�aGG City Clerk-/ City C e r • -2- • PUBLIC HEARING NOTICE Rezoning and Associated Comprehensive Plan Map Amendment 2229 Christy Drive The City Council of the City of Jefferson, Missouri, will hold a public a hearing on Monday, September 18, 2006 at 6:00 p.m. in the Council Chamber of the John G. Christy Municipal Building, 320 East McCarty Street, to consider rezoning the property addressed as 2229 Christy Drive from RS-2 Single Family Residential to C-2 General Commercial and an associated amendment to the Development Plan Map of the City's Comprehensive Plan: Section 1. Property Description: Part of the Southeast Quarter of Section 23 and part of the Southwest Quarter of Section 24, Township 44 North, Range 12 West, in Cole County, Missouri, more particularly described as follows: BEGINNING at the southeast corner of said Section 23; thence N86 005'49"W, along the Section Line, 518.00 feet to the east right-of-way line of the U.S. Highway 54 connection to Missouri State Highway B; thence Northerly, along said connection right-of-way line and continuing along the current U.S. Highway 54 right-of-way line, the following courses: N1°3421"E, 18.66 feet; thence N7 010'34"W, 327.30 feet; thence N10 056'43"W, 172.60 feet; thence N22 009'33"W, 503.71 feet; thence N21 021'19"W, 70.19 feel; thence Northerly, on a curve to the right, having a radius of 629.00 feet, an arc distance of 292.98, (the chord of said curve being N8 049'39"W, 290.34 feet); thence N10 013'35"E, 52.34 feet; thence Northerly, on a curve to the right, having a radius of 1545.17 feet, an arc distance of 683.55 feet, (the chord of said curve being N21 059'05"E, 677.99 feel); thence N34 040'29"E, 131.20 feet; thence Northeasterly, on a curve to the right, having a • radius of 2226.00 feet, an arc distance of 252.95 feet, (the chord of said curve being N37°55'47"E, 252.82 feet; thence N40 007'04"E, 196.75 feet; thence S47 031'35"E, 17.37 feet; thence Northeasterly, on a curve to the right, having a radius of 2217.00 feet, an arc distance of 3.94 feet, (the chord of said curve being N46 005'50"E, 3.94 feet); thence N46°08'53"E, 71.80 feet; thence S45 042'03"E, 25.71 feet; thence N48 009'38"E, 104.52 feet to the most northerly corner of the property described in Book 530, page 809, Cole County Recorder's Office; thence leaving the aforesaid U.S. Highway 54 right-of-way line, Southwesterly, along the eastern boundary of said property described in Book 530, page 809, the following courses: Southwesterly, on a curve to the left, having a radius of 410.00 feet, an arc distance of 34.34 feet, (the chord of said curve being S31°06'37"W, 34.33 feet; thence Southwesterly, on a curve to the right, having a radius of 490.00 feet, an arc distance of 78.86 feet, (the chord of said curve being S33°19'19"W, 78.78 feet to a point intersecting the common boundary of the properties described in Book 367, page 353 and Book 325, pages 599 and 600, Cole County Recorder's Office and said common boundary being described therein as the southerly line of a private roadway; thence leaving the aforesaid boundary of the property described in Book 530, page 809, Easterly along the southerly line of said private roadway, (being the common boundary of the properties described in Book 367, page 353 and Book 325, pages 599 and 600) the following courses: S41 028'46"E, 156.31 feet; thence Southeasterly, on a curve to the left, having a radius of 37.11 feet, an arc distance of 24.64 feet, (the chord of said curve being S60 030'14"E, 24.19 feet); thence S79°31'41"E, 71.42 feet; thence Southeasterly, on a curve to the right, having a radius of 285.00 feet, an arc distance of 196.12 feet, (the chord of said curve being S59°48'53"E, 192.27 feet); thence S40 006'04"E, 76.81 feet; thence Southeasterly, on a • curve to the right, having a radius of 360.00 feet, an arc distance of 189.45 feet, (the chord of said curve being S25 001'31"E, 187.27 feet); thence Southeasterly, on a curve • to the left, having a radius of 240.00 feet, an arc distance of 150.80 feet, (the chord of said curve being S25 058'46"E, 148.33 feet); thence S48 033'53"E, 767.43 feet; thence S30°44'46"E, 66.18 feet to the south line of the Northwest Quarter of the Southwest Quarter of the aforesaid Section 24; thence leaving the southerly line of said private roadway, S88 035'52"E, along the Quarter Quarter Section Line and along the aforesaid common boundary of the properties described in Book 367, page 353 and Book 325, pages 599 and 600, 13.27 feet to a corner on the eastern boundary of the property described in said Book 367, page 353; thence leaving the boundary of the aforesaid property described in Book 325, page 599 and 600, and continuing along the boundary of the property described in Book 367, page 353, the following courses: S2 014'10"W, 59.32 feet; thence N88 027'36"W, 213.40 feel; thence S25 054'19"W, 609.50 feet; thence S47'41'02"W, 516.71 feet; thence S2 004'25"W, 246.54 feet; thence S46 044'24"W, 206.54 feet to a point on the south line of the aforesaid Section 24; thence N87 054'57"W, along the Section Line, 26.40 feet to the POINT OF BEGINNING. Containing 64.02 acres. Section 2 Rezoning application. The property Is proposed to be rezoned from RS-2 Single Family Residential to C-2 General 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, September 1, 2006 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 y o d N W v 0 m i Ag i� ti do o o ova o •!,� d O CD LL L; O IT- Ne j v4wr 'A. 06 *am I Jell R ! QUO. JIN; V9 AMH PG AMH- LU 4. An 1 r rT/'.e�,• 11WAO ;4. XX 5e I t APPLICATION FOR AMENDMENTS TO THE COMPREHENSIVE PLAN ealo Received: City of Jefferson - Planning Division RECEIVED Department of Community Development 320 East McCarty Street Jefferson City, Missouri 65101 A 2,0 mm Phone(573)634.6410 Fax (573)634-6457 The undersigned hereby petitions the Planning and Zoning Commission and City C u 1c( t son, Missouri, for the following amendment(s) to the City's Comprehensive Plan or Devel O Text Amendment IN Map Amendment Applications for Map amendments shall include a location map and level of detail required for site plan review as out 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. Whetherevents 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 publicand community facilities,suchas utilities, sanitaryand 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. Amondment Requested by: MProperty Owner DStaff OPlanning and Zoning Commission Prank Twehous .-19i-4-a—,_A K Name (typed or printed) Signature Land Investments, LLC Authorized Member Applicant Information: Property Owner Name Land Investments LLC ATTN: Prank Twehous Address 8514 Liberty Road Jefferson City Mo 65101 Phone Number(s): 395-4354 659-5657 (cell) Other Applicant Information: Name: Address: Phone Number For City Use Only: Application Filing Fee 5200 Application Filing Fee Received: Cash (indicate receipt# ) Check(copy; Indicate check# ) Attachments: ^Narrative Map _Applicant/Project Information Sheet Pape 1 of I May0,2002 CHRISTY QUARRY COMPREHENSIVE PLAN AMENDMENT NARRATIVE 2229 Christy Drive July 10, 2006 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. The Comprehensive plan adopted in 1996 did not necessarily take into account that there it-as an active quarry operation since 1962. The site Is also currently used as one o/two City authorized compost sites; the other being in Sladitart Quarty. b. Whether events subsequent to the Comprehensive Plan adoption have invalidated the Commission's original premises and findings made upon plan adoption. Subsequent events have planned for the extension of Christy Drive as a minor arterial to nex,Route A which passes through the site. • C. Whether the change is consistent with the goals, objectives and policies of the Plan. The proposed change would appear to be consistent with the most recently Adopted Throughfare plan and anticipated update to the City's Comprehensive Plan. d. Whether events subsequent to the Comprehensive Plan adoption have changed the character andlor condition of the area so as to make the application acceptable. The owner/developer is regrading the original quam,site in anticipation Of redevelopment. C. «giether the change is needed to improve consistency between the Comprehensive Plan and other adopted plans. The change would provide continuity between the comprehensive plan and the Throughfare Plan. • f. Whether public and community facilities, such as utilities, sanitary and • stonn 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. Public./acilbies are bt place at-behrg planned; The owners/rave beets working with the City to provide sanitaty sewers to the entire drainage basin. 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 adequate land; the area is generally undeveloped at this tune. h. Whether there will be benefits derived by the community or area by the proposed zone. The coronuadly will benefit fi-ont good planning and the opporuu ily for economic developtent. • • APPLICATION FOR ZONING ORDINANCE AMEIJDNM1ENTS •r.ece :D. City of Jefferson -Planning Division �? RECEIVED Department of Community Development ' 320 East McCarty Street Jefferson City, Missouri 65101 J{R, Z'tu Z�li Phone (573)634-0""410 Fax (573) 634-6457 7 T The undersigned hereby petitions the Planning and Zoning Commission and City C uirctpflati tiAT�iDZiibtMJtfiNison 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) Descript+on 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: 2229 Christy Drive Legal/Property Description: see attached drawing and description) Who petition to rezone the above described real estate from Its present status of RS-2 to C-2 district. The purpose of this rezoning request is to allow the redevelopment of the Christy Quarry to retail commercial. ALL OWNEP.S OF REAL PROPERTY PROPOSED TO BE REZONED MUST SIGN THE APPLICATION,AND ALL SIGNATURE MUST BE NOTARIZED. IF ADDITIONAL SIGNATURES ARE WEEDED, PLEASE ATTACH SEPARATE SHEETS. Frank Twehous ,��_— ( / r y f Q w-r�_c Property Owner ml Name(type or print) Properly Owner Signature Land Investments, LLC Authorized Member Property Owner#2 Name (type or print) Properly Owner Signature Subscribed and sworn before me this day of�ac in the year o 00& b F K oallo[2 Pu Ntryyy Seat Nota ry ry P tic STATE OMISSOURI County of Callaway -011111—S1011 Upires 1272120ul Address of Property Owner m1: Address of Property Owner#2 Phone Number(s): Applicant Information (if different from property owner): Name: Address: ` Phone Number For City Use Only., Application Filing Fee S200 Payment Received: Cash (Indicate Receipt m ) Check (Copy; indicate check # ) lAttachm7 ents: Additional sheets or documentation ApplicanVProJect Information Sheet !Location Map Pepe 1 ct 1 May B.2002 CHRISTY QUARRY ZONING MAP AMENDMENT NARRATIVE 2229 Christy Drive CMPS Job # July 10, 2006 n. The existing zoning was in error at the time of adoption. There was no plan for accommodating the existing quarry operation at the time the 1996 Comprehensive Plait was adopted. b. There has been a change in character in the area sue to installation of public facilities, other zone changes, new growth trends, neighborhood deterioration, or development transitions. There has been a change in character with the regrading of the quarry for development and the extension of Christy Drive. C. There is a community need for the proposed rezoning. The rezoning would allow for planned commercial growth. d. The proposed change is consistent with, and in furtherance of, the implementation • of the goals and policies of the Comprehensive Plan, other adopted plans, and the policies, intents and requirements of this Ordinance and other City regulations and guidelines. The change would providc consistency between the Throughfarc Plan and Comprehensive Plan. e. The proposed zoning is compatible with the zoning and uses of property nearby. The surrounding property is largely undeveloped but is undergoing significant change, with the construction of Rowe B and Christy Drive. f. Public and community facilities, which may include, but are not limited to, sanitary and storm sewers, water, electrical service, police and fire protection, schools, parks and recreation facilities, roads, libraries, and solid waste collection and disposal, are available and adequate to serve uses authorized under the proposed zoning. All public facilities are available with the exception ofsanitmy sewers, and the Owners arc working on a plan with the City to extend service to the basin. • g. A traffic impact analysis has been provided to indicate the potential number of new trips generated and provisions are provided to mitigate impacts of high traffic-generating projects. No site specific traffic impact study is required until a site specific plan is developed. h. Authorized uses shall not adversely affect the capacity or safety of the street network in the vicinity of the property. The design of Rotite B and Chrhv{v Drive has been planned to anticipate this development. 1. Potential environmental impacts (e.g., excessive storm water runoff, water pollution, air pollution, noise pollution, excessive lighting, or other environmental harms) of authorized uses shall be mitigated. Environmental issues are being addressed or will be addressed with site specific plans. J. 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 an abundant supply of undevelopmental land in the area. • k. Benefits shall be derived by the community or area proposed to be rezoned. The contntmily will benr liit from well planned development and economic growth. • EX=IT A DISTRICT LEGAL DESCRIPTION Part of the Southeast Quarter of Section 23 and pan of the Southwest Quarter of Section 24, Township 44 North, Range 12 West, in Cole County, Missouri, more particularly described as follows: BEGININIING at the southeast corner of said Section 23; dtence N86 005'49"W, along the Section Line, 518.00 feet to the cast right-of-way line of the U.S. Highway 54 connection to Missouri State Highway B; thence Northerly, along said connection right-of-way line and continuing along die current U.S. highway 54 right-of-way line, the fallowing courses: NI'34'21"E, 18.66 feet thence N7°10'34"Via, 327.30 feet; thence N10 056'43"W, 172.60 feet; theme N22°09'33".NN',503.71 feet; dtence X21'21'I9"W, 70.19 feet; thence Northerly, on a crave to the right, having a radius of 629.00 feet, an are distance of 292.98, (the chord of said curve being NS°49'39"W, 290.34 feet); theme N10 013'35"E, 52.34 feet; theme Northerly, on a curve to die right, having a radius of 1545.17 feet, an arc distame of 663.55 feet, (the chord of said curve being N21°59'05"E, 677.99 feet); thence N34°40'29"E, 131.20 feet; thence Northeasterly, on a curve to the right,having a radius of 2226.00 feet, an are distance of 252.95 feet, (die chord of said curve being N37°55'47"E, 252.82 feet thence N40 007'04"E, 196.75 feet; theme S47 031'35"E, 17.37 feet; theme Northeasterly, on a curve to the right, having a radius of 117.00 feet,an arc distance of 3.94 feet, (the chard of said curve being N46'05'50"E, 3.94 feet); thence N46'08'53"E, 71.50 feet; theme S45'42'03"E, 25.71 feet thence N48°09'38"E, 104.52 feet to the most northerly corner of the property described in Book 530,page 809, Cole County Recorder's Office; thence leaving the aforesaid U.S. Highway 54 right-of--way Iine, Southwesterly,along the eastern boundary of said property deseribtd in Boo]:530, page 809, the folloa-ing courses: Southwesterly, on a curve to the left, having a radius of 410.00 feet, an arc distance of 34.34 feet, (the chord of said curve being S31'06'37"W, 34.33 feet; thence Southwesterly,on a curve to the right, having a radius of 490.00 feet, an arc distance of 78.86 feet, (die chord of said curve being 833'19'19"W, 78.78 feet to a point intersecting the common boundary of the properties described in Book 367, page 353 and Book 325, pages 599 and 600, Cole County Recorder's Office and said common boundary being described therein as the southerly line of a private roadway; thence leaving the aforesaid boundary of the property described in Boot:530,page 809, Easterly along the southerly line of said private roadway, (being the common boundary of the properties described in Book 367, page 353 and Book 325,pages 599 and 600) the following courses: S41028'46"E, 156.31 feet;thence Southeasterly, on a curve to die left,having a radius of 37.11 feet, an arc distame of 24.64 feet, (flit chord of said curve being S60'30'14"E, 24.19 feet); thence 579031141"E, 71.42 feet; thence Southeasterly, on a curve w the right,having a radius of 263.00 feet, an arc distance of 196.12 feet, (the chord of said curve being S59'48'53"E, 192.27 feet); thenx 540'06'04"E, 76.81 feet;thence Southeasterly, can curve to the right,having a radius of 360.00 feet,an arc distant:of 189.45 feet, (the chord of said curve being S25'01'31"E, 197.27 feet); thence Southeasterly, on a curve to the left, having a radius of 240.00 fm t, an arc distance of 150.80 feet, (rite chord of said curve being S25'58'46"E, 148.33 fett); thence S48133153"E, 767.43 fart thence S30'44'46"E, 66.18 feet to the south line of die Northwest Quarmr of the Southwest Quarter of the aforesaid S--don 24: theme leaving the southerly line of said private roadway, S88035'52"E, along the Quarter Quaver Section Lin:and along the aforesaid common boancagy of the properties described in Book 367, page 353 and Boo]:325,pages 599 and 6D0, 13.27 f:to a corner on the eastern boundary of the property described in said Book 367,page 353; theme leavim fire boundary of the aforesaid property described in Book 325,page 599 and 60D, and continuing along me boundary of the property described in Book 367, page 353, the following courses: 52'14'10"W, 59.32 feet; dience N88127'36"W, 213.40 feet; theme 525054'19"u,', 609.50 feet; thence S47'41'02"W, 516.71 feet; thence S2'04'25"W, 246.54 feet; theme 546044'24"W, 206.54 feet to a point on the south line of the aforesaid Section 24; theme N87'54'57"fir, along the Section Lin:, 26.40 feet to the POINT OF BEGINNING. Containing 64.02 • acres. uo g Mul 1\4 MN tJi MR WOO 951�ry� l� . 4; `• �_!�^�S ; `',.1'•`,. .."ru...w.rw....:_.--_.�.�)���4 L - ..1.�.....».......�.....».1 ....,,..�... •�li�f �� .+�.r-u�� � �y . n MY xVW 49YW mpwOY y .ti yp ..........................y....r..n. ... «.........:..... . ".r. mm hVI Vol u.:"iAU !1 Mtttl •IIhi1'bt laA5 4 r t\4 MS' 1 \\ r 1 r r 4 u as iod ! i- 5w, 04 SPW 12 jo •.r• .� � ', ",1Atl�/!•�`•'`�� IY1 ALL �• Mua' J cals MLiN 'Ntt! 'YL •ar; ,• 11 i+�/. •.Z."" a+a +�04 a rir\ t City of Jefferson ?�L�': t t g John Landwehr Mayor • Department of Community Development / Patrick E,Sullivan,P.E.;Director 320 East McCarty Street Phone: (573)634-6410 Jefferson City, Missouri 651011 ]! Fax: (573)634-6457 July 28, 2006 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, August 10, 2006 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. P06031 — 2229 Christy Drive; Comprehensive Plan Amendment and Rezoning. Application filed by Land Investments, LLC, Frank Twehous, Authorized Member, for the Items outlined below. The subject site is now operated as a quarry and contains 64.02 acres, generally located northeast of the intersection of U.S. Highway 54 with Missouri Route B, In part of the Southeast Quarter of Section 23 and part of the Southwest Quarter of Section 24, Township 44 North, Range 12 West in Jefferson City, Cole County, Missouri. A. Amendment to the Comprehensive Plan Land Use Map from Low Density Residential to Commercial. B. Rezoning from RS-2 Single Family Residential to C-2 General Commercial. 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 @jeffeltymo.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 September 18, 2006. The City Council meets at 6:00 p.m. in the Council Chambers of the John G. Christy Municipal Building, 320 East McCarty Street. If you have any questions concerning this matter, please feel free to contact us at 573.634.6475. DEPARTMENT OF COMMUNITY DEVELOPMENT Janice McMillan AIC� Deputy Director for Planning &Transportation Services CIty'nf.. , ;� e f�� a rs o n (�1��(�Q�(�,} I" COMMUNITY DEVELOPMENT VV�I IU N' Jefferson City Planning &Zoning Commission Property Owners List Case No. P06031 2229 Christy Drive August 10, 2006 AGS Development Corporation Land Investments, LLC 2609 Lakewood Drive 8514 Liberty Road Jefferson City, MO 65109 Jefferson City, MO 65101 2004 Oak Leaf Drive Christy Drive Oak Leaf Drive Thomas & Diane Landwehr Keith & Shirley Caton 2111 Scenic Drive George N. Sr & Virginia Daly Jefferson City, MO 65101 2300 Jefferson Street 2115 Red Oak Drive Jefferson City, MO 65109 Jefferson Street Floyd & One Lytle 2006 Oak Leaf Drive, #A Christian Church Disciples of Christ Jefferson City, MO 65109 6 Church 2006 Oak Leaf Drive #A Jefferson City, MO 65101 3519 Bennett Lane Elmer& Jane Senevey 39 Lake Morgan Lane George N Sr& Virginia Daly Linn, MO 65051 2300 Jefferson Street 2006 Oak Leaf Drive Jefferson City, MO 65109 2300 Jefferson Street Land Investments, LLC 8514 Liberty Road Todd & Emily Doerhoff Jefferson City, MO 65101 2006 Oak Leaf Drive #B 2229 Christy Drive Jefferson City, MO 65109 Christy Drive • 2006 Oak Leaf Drive #B Esther Strobel Dudenhoeffer Properties, LLC Irene Knernschield, Trustee PO Box 571 c/o Irene Knernschield Jefferson City, MO 65102 7026 Old Stage Road 2017 Oak Leaf Drive Jefferson City, MO 65109 2013 Oak Leaf Drive Highway 54 West 2117 Christy Drive Jack & Mary Gaines 1901 Bassman Road Dolores Thruston, Trustee Jefferson City, MO 65109 2009 Oak Leaf Drive, #B Highway 54 West Jefferson City, MO 65109 2009 Oak Leaf Drive, #B Clarence Hammann 2219 Christy Drive Ruth Werdenhause Jefferson City, MO 65101 2009 Oak Leaf Drive, #A 2219 Christy Drive Jefferson City, MO 65109 Christy Drive 2009 Oak Leaf Drive, #A Rt B Jefferson Asphalt Company PO Box 104868 Jefferson City, MO 65110 2207 Idlewood Road Case No. P06031: 2229 Christy Drive Rezone from RS-2 to C-2 Additional notification addresses (and corrections from previous mailout): • Christian Church of Mid-America 3328 Bennett Lane Jefferson City, MO 65101 Jefferson City Industry, Inc. PO Box 104567 Jefferson City, MO 65110 Stephen J Lutz 2215 Christy Drive Jefferson City, MO 65101 Nextel West Corporation 7007 College Blvd • Overland Park, KS 66211 SBC Tower Holdings, LLC One SBC Center St, Louis, MO 63101 Spectrasite Communications, Inc. 100 Regency Forest Dr Cary, NO 27511 These notification letters were mailed August 4, 2006 PLANNING STAFF REPORT • JEFFERSON CI'i'y PLANNING AND ZONING COMMISSION August 10,2006 Case No.P06031-2229 Christy Drive;Comprehensive Plan Amendment and Rezoning. Application filed by Land Investments, LLC, Prank Twehous, Authorized Member, for the items outlined below. The subject site is now operated as a quarry and contains 64.02 acres, generally located northeast of the intersection of U.S. Highway 54 with Missouri Route B,in part of the Southeast Quarter of Section 23 and part of the Southwest Quarter of Section 24, Township 44 North, Range 12 Nest in Jefferson City, Cole County, Missouri. A. Amendment to the Comprehensive Ilan Land Use Map from Low Density Residential to Commercial. B. Rezoning from RS-2 Single Family Residential to C-2 General Commercial. Notification By publication in One newspaper, letter to adjacent and affected property owners within 185 feet, and by property sign posting. Correspondence Correspondence will be distributed at the meeting(none received as of 8103106). Current Land Use and 7A)nlne The site is currently used as a rock quarry and is zoned RS-2 single-family residential. Land abutting the east,west and north sides of the subject property is also zoned RS-2 and is currently undeveloped.Property to the south is zoned RU Rural Use. • Nature of Request The applicant is requesting an amendment to the Comprehensive Plan Land Use Map from Low Density Residential to Commercial, and rezoning of the same from RS-2 Residential to C-2 General Commercial. The purpose of the request is to allow commercial development to occur. Accessfi'raffie The design of Missouri Route and Christy Drive has been planned in anticipation of this development.No site specific traffic impact study has been completed. This would be done prior to any development of the land. Allowed Uses The RS-2 Single Family Residential district is intended for lower-density,detached single-family residential living and activities that traditionally serve residential neighborhoods. it is unclear whether or not the existing quarry, which has been operating since 1962,was taken into account when the Future Land Use Plan was adopted as part of die City's 1996 Comprehensive Plan. 'flee Laandfalltcred quarry represents a use that would nonmallybe permitted in M-2 General Industrial districts,oras a Conditional Use requiring Board of Adjustment approval in M-1,RC, and RU districts. The C-2 General Commercial District is intended to accommodate general trades and commercial services located at select nodes, intersections and highway interchanges to serve the motoring public and highway users. The close proximity and high visibility of the site to adjacent highways as well as its access from Christy Drive,a planned arterial street already serving commercial uses north of the subject site, make this land a prime site for commercial development. • Case No. P06031 2 Planning&Zoning Commission 2229 Christy Drive Rezoning • Comprehensive Plan The 1996 Comprehensive Land Use Plan Map did not account for the future development of the quarry, Considering the completion of the Highway 179/Route B extensions and projected extension of Christy Drive, a commercial arterial, through the subject site, it appears that the Comprehensive Plan erroneously designated the site for residential use. Staff Recommendation Staff recommends approval of both: A. Amendment to the Comprehensive Plan Land Use Map from Low Density Residential to Commercial,and B. Rezoning from RS-2 Single Family Residential to C-2 General Commercial, •