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Home My Public Portal AboutORD13821 BILL NO. 2004-115 SPONSORED BY COUNCILMAN BROWN ORDINANCE NO. AN ORDINANCE OF THE CITY Of= JEFFERSON, MISSOURI, AMENDING THE TEXT OF CHAPTER 35, ZONING CODE; SPECIFICALLY, EXHIBIT 35.28, LAND USE MATRIX AND SECTION 35-41 SPECIFIC USE STANDARDS 1-0 ESTABLISH A SPECIAL EXCEPTION PERMIT CATEGORY FOR OPEN LAND, AS DEFINED HEREIN. WHEREAS it appears that the procedures set forth in the zoning code relating to zoning have in all matters been complied with; NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Chapter 35, Article ll, Exhibit 35-28. Land Use Matrix shall be amended as follows: To Section 2.G. (Parks and Open Space, Recreation and Entertainment) - Add as a new Special Exception Permit "SE" in all zoning districts: 15. Open Land, including privately held Open Space and Natural or Conservation Areas as provided for in Section 35-41 Specific Use Standards, to be depicted in the Land Use Matrix as follows: I-Allibif.1$-28: Lwrd ('sty •luthnriicd lu/-anint; District., � __..._.._..-.....__.........._......... .__ Use Category 2,G,� specific Use Typo Zoning�latrtcta � RU RS-1 RS-2 RS-3 R I_S_-_4 RD RA-1 RA-2 N-0 AC C•O C-1 (C•2 [C-3 M-1 G M•Y arks&Open Space, 15.Open Land, including roation and privately held Open m ! ertainont Space and Natural or Conservation Areas as SE SE SE SE i SE i SE SE I SE SE ' SE SE I SE SE SE SE SE +provided for in Soction f35-41 Specific Use f I Standards. Section 2. Amend Article IV, Supplemontary Conditions, Section 35.41 Specific Use Standards, as follows (all new language, shown in bold): 30. Open Land Permits (including private open space, natural and conservation areas) . Open Land Permits shall be processed as Special Exception Permits, in accordance with Section 35-73. a. Purpose. It Is the purpose of these standards to encourage the retention of open land and private open space, assure the property subject to an Open Land Permit will be retained predominantly in the condition defined by the Permit; prevent any use of the property that will significantly Impair or interfere with the use of the property as specified in the Permit;and accomplish any one or more of the following objectives: (1) Preserve open land and green space for passive recreation, development buffers and stream buffers; (2) Improve storm water quality through reductions in impervious cover, pollutant loads to streams, and soil erosion as a result of land clearing; (3) Lower capital cost of development by reducing storrnwater runoff and by providing alternative sites for storm water best management practices; (4) Increase property values by encouraging open land in proximity to developments; (5) Create urban wildlife habitat areas; (6) Support other community planning goals such as pedestrian movement, neighborhood enhancement, and farmland preservation. iWilil b. Access/Ownership Rights. (1) No right of access by the general public to any portion of the property covered by an Open Land Permit Is conveyed, but may be accomplished by separate Instrument. Open land may be accessible to the residents of an associated development and/or the city,or it may contain areas which are not accessible to the public. (2) Land may be privately owned or owned in common by an association If approved by the Council. The owner of the property shall be responsible for costs and liabilities of any kind related to the ownership, operation, upkeep and maintenance of the property. Offers of dedication to the public must be approved by the City Counselor; and must be accepted by the City Council; c Agricultural land uses. (1) Agricultural land uses located in RC or RU zoning districts may be used for agricultural purposes as allowed by Exhibit 35-28 (Land Use Matrix); (2) Legal nonconforming agricultural land uses outside of the RC and RU districts are not required to obtain Open Land/Special Exception Permits; (3) Specific agricultural activities may be authorized in any zoning district, as provided by Paragrah d, below. d. Permitted Developments. The following proposed uses may be proposed under an Open Land Permit. (1) Green spare and recreation areas for non-intensive or passive uses Including footpaths, hiking and biking trails, picnic areas, lawns and similar uses; (2) Conservation and management of open land in its natural state; such as woodland, fallow field, meadow or prairie (management methods must be identified in the permit application) subject to the other provisions of this section; (3) Wildlife habitat; (4) Stormwater management area and stream buffers; (5) Utility and public infrastructure purposes; (6) Horticultural uses, including community gardens, and raising of crops(crop must be specified in the permit application and approved); (7) Pasture for horses when specifically permitted by Exhibit 35-28 Land Use Matrix e. Alit wable accessory activities,uses,structures and hardscape.Structures proposed for the site must be identified in the permit application and shown on the site plan. SuL h hardscape and structures shall consume no more than ten percent(10%)of the total land area covered by the Open Land Permit.Such activities, uses and structures may include, but are not limited to: (1) Permanent structures for the storage of mowers, tractors, fuel and maintenance items; not to exceed 2,000 square feet in area; architectural style to be approved as part of the Permit; (2) Picnic shelters, gazebos and similar structures; with architectural style to be approved as part of the Permit; (3) Operation of motorized vehicles for maintenance of the site or for a purpose associated with an approved use of the site. (4) Roads, bridges, paths, utilities and public improvements; (5) Parking areas necessary to serve the permitted uses; (6) Other uses commonly associated with an approved principal use. f Prohibited activities and uses.The following activities or uses are prohibited except in compliance with specific authorization, and as provided for in an approved Open Land Permit and approved site plan: (1) Use of motor vehicles except within approved driveways and parking areas, (except that maintenance, law enforcement,emergency and farm vehicles are • permitted as needed); (2) Cutting of trees; and land clearing; (3) Regrading, depositing or removal of topsoil; (4) Depositing or removal of material from water courses; altering, diverting, or modifying water courses or water bodies; (5) Mining, dredging; (6) Widespread application of fertilizers, herbicides, insecticides and similar compounds. g. Preservation of Natural Features, Animal or Plant Conservation Areas. Tile Commission,or the Council, may require that the applicant preserve natural features or areas of animal or plant habitats and adequately protect them: as preserves or limited access areas. Natural features shall generally be maintained in their natural condition but may be modified to improve their appearance, functioning, or overall condition as recommended by experts in the particular area being modified. The following modifications to natural or conservation areas may be permitted: (1) Reforestation (2) Woodland management (3) Meadow or prairie management (4) Buffer area landscaping (5) Streambank protection (6) Wetlands management h. Application and Plan Required. An application and plan for the Open land Permit is required; such plan shall include a site plan map and separate typewritten narrative description of the existing and proposed activities, uses and structures, as follows: (1) Property/survey/legal description of the subject area; (2) Total acreage of the subject area; (3) Existing and proposed land cover and estimated acreages; (4) Proposed areas of land disturbance and estimated acreages, including areas proposed for burning, clearing, harvesting; etc. (5) Proposed uses by acreage and location; (6) Proposed plantings by acreage and location,including landscaping, trees and other land cover; (7) Proposed crops, if applicable; (9) Location of public access areas and areas where access Is to be restricted; (9) Location of vehicular areas, if any (10) Location of any proposed structures and their purposes, bulk (dimensions, height), architectural elevations and description of building materials; (11) Land management and maintenance methods, including whether burning, mowing,or other land management methods will be employed,and frequency. (12) Proposed time schedule for commencing and completion of the project; and phasing plan, if applicable. (13) Proposed ownership (private, association, dedication); 1. Completion of Project and Phasing. (1) Phasing. When the proposed project or improvements are to be phased, the specific project elements shall be Identified with proposed time frame for completion. Each phase is required to be commenced and completed within 24 months of the schedule set in the approved plan. If the phase is not commenced or completed within the approved time period the project shall be subject to review by the Planning & Zoning Commission. (2) Time for completion.A project approved under an Open Land Permit shall be completed within 24 months from the date of final approval by the Approving Authority unless a phasing plan has been approved.. j Plan approval or plan amendment/findings. The Planning&Zoning Commission shall find the Open Land Plan or amendment is: (1) Compatible with the surrounding land uses; (2) Will not have a significant detrimental effect on the character of surrounding residential uses; (3) For amendments, such change will not adversely affect the initial basis for granting approval; k. Amendments. (1) Major amendments shall be processed in the same manner as the original permit.Major amendments Include the addition or expansion of structures or hardscape; and proposed change in the composition of use acreage by more than 10%; (2) Minor amendments. Amendments deemed minor may be approved by the Director, provided that the purposes of the Open Land Permit are not compromised. It uncertainty exists as to the Impact of the proposed change the Director may refer applications to the Commission to be processed as major amendments. I. Effect on Successors and Assigns. An Open Land Permit shall be binding upon the owner,his successors and assigns until such time as the ordinance providing for the special exception use shall be modified or rescinded by the Council. M. Enforcement.Enforcement shall be as provided In Article VIII,Enforcement,Violations and Penalties. Section 3. This ordinance shall be in full force and effect from and after its passage and approval. Passed: <�'r'L -=� :i�' Approved: Predidin Officer Mayor ATTEST: AP OV - T 11 QRM: City C:lerlr117 City Counselor PUBLIC HEARING NOTICE Text Amendment to Chapter 35, Zoning Code The City Council of the City of Jefferson, Missouri, will hold a public hearing on Monday, January 3, 2005 at 6:00 p.m. in the Council Chamber of the John G. Christy Municipal Building, 320 East McCarty Street, to consider the following amendments to the text of Chapter 35 of the Code, Zoning, in order to establish a Special Exception Permit for Open Land: Article fl, District Regulations, Exhibit 35-28 Land Use Matrix: Section 35-2.G. (Parks and Open Space, Recreation and Entertainment) - Add Line: 15. Open Land, including privately held Open Space and Natural or Conservation Areas as provided for in Section 35-41 Specific Use Standards; allowable as a "SE" Special Exception Permit in all Zoning Districts. Article—IV, Supplementary Conditions, Section 35-41 .13. Specific Use Standards: Add Paragraph 30. Open Land Permits, pertaining to the specific use standards to be applied to an Open Land Special Exception Permit. This amendment was heard by the Planning and Zoning Commission as Case No. P04041. The complete text of the proposed amendment maybe examined during regular business hours in the Planning Division of the Department of Community Development; Room 120, John G. Christy Municipal Building, 320 East McCarty Street, Jefferson City, Missouri. Phyllis Powell, City Clerk City of ,Jefferson, Missouri P.T.: Friday, December 17, 2004 Department of Community Development 320 East McCarty Street, Room 120 Jefferson City, Missouri 65101 Contact: Anne Stratman or Janice McMillan Phone (573) 634-6475 Fax (573) 634-6457