HomeMy Public PortalAboutORD13718 BILL NO. 2004-7
SPONSORED BY COUNCILMAN Viessman
ORDINANCE NO. / 3 1 t X
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 35,
ZONING CODE; SPECIFICALLY, EXHIBIT 35-28, LAND USE MATRIX.
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 i. Chapter 35, Article II, Exhibit 35-28.3.G Commercial Use, Specific Use Types
15 and 21 are hereby amended as follows:
Exhibit 35-28:Land Uses Authorized In Zo_nin�Districts
Use Category Specific Use Type �~ Zontin
RU RS-1 RS-2 RS•3 RS-A RD RA-1 C-0 C-1 C-2 C-3 M-1 M-2
Q.Retail Sales 15.Drive-Through Uses and Facilities - - 6 6 P 6 and Service not elsewhere specified P P P P
21, Food Service-Drive-in and/or Drive - - - P P P - P
_1___1__._L
Section 2. This ordinance shall be in full force and effect from and after its passage and approval.
Passed: ~�� 1 r'� '/' G '`= Approved: _
Presiding Officer Mayor
ATT� : APP OVED AS O FORM:
City Clerk L f City Counselor �'
PLANNING STAFF RETORT
JEFFE11SON CiTY PLANNING AND ZONING COMMISSION
April 8, 200#
Case No. P04015-Amcndment to Zoning;Ordinanee Text. Proposed amendments by City Sill ffto amend
Chapter 35, Zotling Code, Section 35-25, Land Use Matrix, including but not limited to the lbllowing:
A. Reclassi frying land Use 3.G,2 I.J.onullercial Use,Retail Sales and Service, Food Service-Drive
in and/or Drive Through.to a pen nlittcd use in the C-land C-3 ('onitn ere ill l Zoning Districts,and the
M-1, Light Industrial District.
B. Reclassif),ing,Land Use 3.6.15.,Commercial Use,Retail Salcs and Set-vice, Drive Through Uses
and Facilities not elsewhere specified, to a permitted use in the C-C), C.'••I, and C-3 Commercial
Zoning Districts. and the M-I, Light Industrial District,
Correspondence Received
Notre received.
Current Proposal
The current proposed anlcndnlcnts to Section 35-25,Land Use Matrix,At'ticic I1, I xhibit 35-28,were
generated after review ofvarious existing drive through facilities in the City by staff. The review ol'drive
through facilities was also partially generated in response to the fire that destroyed the Wendy's Restaurant
located at 3536 Country Club Drive.
Upon review ofdrive through facilities in the City, staffnoted that drive through uses in relation to
lbod service is only allowed in the C-2, General Commercial Districts. In eficet., this causes many drive
through uses that are used in conjunction with commercial food services to be classified as nonconforming
uses of the commercial districts in which lhev are located(previous zoning ordinances allowed food service
drive through uses in other Commercial 1�istricts). Staff then came to the conclusion that the current
ordinance could be revised to allow for better placement of drive through uses in conjunction with food
service as allowed uses in the C-land C-3 Commercial Zoning Uistricts, and the Nv1-1, Light industrial
District. The r•evicly of the drive through facilities also prompted staff to reconsider reclassifying drive
through facilities f'ronl conditional uses in the C-O, C-1,and C-3 Commercial Zoning Districts, to permitted
uses in the C-O, C-1, and C-3 Commercial Zoning Districts and the M-1, Light Industrial District. in both
instances, drive through and/or drive in uses would be subject to all requirements ol'Articic IV, Section 35-
41. B. 8.- Specific Use Standards, Drive-'Through/Drive-hl Uses(attached).
7onint;Authority/Review C'ritcria
Section 35-74.13.4.Amendment of LonirtgClydinrIllcc•hext anil Zoning, Map, Review Criteria(please
see handout).
Staff Competent/Pronosal:
Proposal A
Currently, Food Service - Drive In and/or Drive "Through uses are listed under Retail Salc, and
Service uses,and are only allowed as a permitted Ilse in the C-2, General Commercial district. Staff has met
and reviewed file current ordinance and conic to the conclusion that the land use should be allowed as a
Permitted Ilse in the C-Q-, C-1, and C-3 Commercial Zoning Districts and the N,1-1. Light Industrial District
so as to change the status of several nonconforming drive through lood service uses and to allow an
opportunity for drive through (ood service facilities ill the M-I District.
Case No. P04015 - Proposed Zoning Ordimmee Text Amendment fbncerning Various Drive
Through facilities
Plannin ► and ZA)Wng C'rrnunission - April 8. 20!14 _ Page 3
Considering the previously listed inii�rmation,staffwould propose that Lixllibit 35-2,5.3.Comntercial
Use Land Use, G. Retail Sales and Service 21. be amended to allow Food Service - I)rive in and/or Drive
Through, as a permitted use it)the C-1 and C-3 Commercial Zoning Districts,and the M-1, Light Industrial
District (please see attached Proposal A LC B excerpt Land Use Matrices Table).
Proposal B
Upon review of Land Use 3.G., Retail Sales and Service, it was deternined that land use-2.G. 15.
Drive Through Uses and Facilities not elsewhere specified, could be amended to allow theses land uses as
it permitted use in the C-0,C-1,and C-3 Commercial Zoning Districts,and the M-1,Light Industrial District.
Review of records of complaints received has indicated that virtually no complaints have been generated by
drive through uses in the city. Staff has reviewed the drive through uses and has come to the conclusion that
by allowing a broader range of permitted drive through uses such as ATM's, bank drive through facilities,
phannacy drive through facilities, and clothing cleaner service drive through uses, a wider range of
development will be possible within the City and an extended range of services may be offered to citizens.
And, as all drive through uses would still be reviewed by staff in conjunction with administrative site plan
review for all supplementary conditions under Section 35.41. B. 8 that would apply,detrimental effects arc
not anticipated by the proposed amendment
Staff proposes that allowing drive through facilities not elsewhere specif W as permitted uses in the
C-O,C-1, and C-3 Commercial Zoning Districts,and the M-1, Light Industrial District would coincide with
various other uses allowed in these districts with minimal impact upon other allowed uses of the districts
proposed (please see attached Proposal A & B excerpt Land Use Matrices Table).
Staff Recommendation:
The proposed zoning ordinance amendments represent changes to the land Uses Matrices Table that
would change the Land Use Matrices Table in a manner that would revise the Retail Sales and Service land
use categories in a manner that reflects current development within the City and future uses that may be
proposed and are currently not permitted by the Land Use Matrices. The proposal would also help to
alleviate some situations in which existing commercial drive through uses have been rendered as non-
conforming land uses due to the current Zoning Code.
Staff recommends that proposals A and B be combined under Land Use 3.G., Retail Sales and
Service, so as to form a more concise Land Use Matrices Table and that Chapter 35,Zoning Code, Section
35-25, Land Use Matrix, Article 11, Exhibit 35-28, of the Zoning Ordinance of the City of Jefferson, be
amended with the following attached amendments (please sec attached Staff Recommendation).
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Excerpt from Article IV Sec. 35-41. 13. K.- Specific Use Standards, Drive=l'hrong1j/D rive-Itt Uses
8. i)rivt:-'I'itroul;h/Drive-ln Uses.
11. Purpose and intent. The luulttrse of'these regulations is to provide standards for drive-
through/drive-in facilities to promote compatibility of this use%with adjacent land uses and
to ensure safe circulation of tr<tftic on and oft'site. Drive-through/drive-in uses include
restaurants, banks and other financial facilities, automatic teller machines, cleaners,
pharmacies,and similar uses,
b. Applicability. Drive througli uses, drive through restaurant:•:,and drive-in restaurants may
be authorized in accordance with Section 35-28 band Use Matrix. All drive-through and
drive-in uses shall be in conformance with the requirements of this Section.
C. Site Plan Requirements. Drive-through/drive-In facilities shall be shown on site
development plans where they are proposal as an accessory use to a principal use.
Applicants for drive-through/drive-in facilities proposed as a principal use shall submit
complete site development plans.
d. Location, llrive-through/drive-in facilities as accessory uses shall not be located within the
front yard of the principal building.
C. 'Traffic Impact Analysis. A traffic impact analysis may be required in accordance with
Section 35-60.
f. Stacking Space Schedule. The minimum number of stacking spaces required shall be as
shown in Exhibit 35-41I3:
Exhibit 35-4113: Drive-Through/Drive-In Facilities Stackina Spa c Schedule
�d
Use Type 1`iinilmull Spacest Measured From
Automatic Teller Machine(ATM) 4/1and ATM
Bank Teller Window 4/window 'feller Window
Car Wash,Automatic 6/stall Entrance
Car Was}t,Self=Service � — 2/still Entrance
Gasoline Pump Island 2/pump island Pump island
Laundry 4/window Order window
Liquor Store 3/window ( Order window
Pharmacy --1%window .------ _-------------1-Order Window -_
Photo Developing 3/window I Order Window
Restaurant I S/window Order t3ox or Window
Other Uses ---^__ —--- Determined by Director of Community Development based on
Traffic Impact Analysis and ITE standards."'
Based on the Traffic impact Analysis, the number of stacking spaces required may be reduced or expanded
in conformance with iTE-transportation and Land Development, Stover and Kocpkc, 198S,which is
incorporated with reference hereto, upon recommendation of the Director of Community Development.
g, Stacking;Spate Layout and Design.
(1) Minimum Size: & feet by 20 feet per space.
(2) Minimum Setback from property line: 20 feet,
(3) Minimum Setback from street line: 40 feet.
(4) Separation from other internal driveways with raised medians and parking spaces:
As determined by the Director of Community Development.
(5) Minimum drive-through lane radius:45 feet,minimum.
h, Order Box Noise Mitigation. The order box loudspeaker shall be positioned so that it is
directed toward the vehicle and away from any abutting residential zoning district unless
mitigated by a sound wall.
Memo
To: 6�aiarlie nice McMillan
From: Lansford
Date: March 18, 2004
Subject: Food Service Drive 'Through Windows
The zoning ordinance currently allows Rood establishments to locate in C-1, C-2, C-3, and
M-1 while restricting Drive Through food service operations to C-2 districts. ]'his restriction on
drive through service is creating conflict with some of the food services wanting to locate in the
City of Jefferson. The most recent problem this restriction has caused is in the rebuilding after a
fire of Wendy's Restaurant at the Capitol Mall area which is in a C-1 zoned district. Although
Wendy's did have a drive through window at the time of the fire, thu current ordinance would not
allow the rebuilding of the restaurant with a drive through window. In addition, more and more
food services are competing for the drive through and the curb side customer and need this
opportun.ity to keep pace with today's marketplace.
I would recommend the zoning ordinwice be revised to provide for drive though and curb
service for food services where the principal use is allowed. ']'here is an existvig standard for
drive through services which would apply in each case and be part of the pernutting process
which should not present any problems.
Your consideration is appreciated.
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,
May 17, 2004 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
Article II, Chapter 35, Exhibit 35-28 Land Use Matrix, of the Zoning Code (Heard as
Planning and Zoning Commission Case No. P04015):
(1) Land Use 35-28.3.G.15 - Reclassification of"Commercial Use, Retail Sales
and Service, Drive Through Uses and Facilities not elsewhere specified,"
from a conditional use to a permitted use in the C-O Office Commercial, C-1
Neighborhood Commercial, C-3 Central Commercial, and M-1 Light
Industrial Zoning Districts.
(2) Land Use 35-28.3.G.21 - Reclassification of "Commercial Use, Retail Sales
and Service, Food Service - Drive In and/or Drive Through" from a non-
permitted to a permitted use in the C-1 Neighborhood Commercial, C-3
Central Commercial, and M-1 Light Industrial Zoning Districts.
The complete text of the proposed amendment may be 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, April 30, 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