Loading...
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). M w+ v N ;IL a. . . .0 k ..4•. cc I� � CNI cz �0 ) a N T °' Yi CD nit to O M ! F- a > o W .I'r �U .D LL c m U c c L) V C p Cl) 5A F- U) > a) oc ,o N II a LL .b LO (n N to 01 O N aOr 100 0 VI ow E'' h 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