HomeMy Public PortalAboutORD15412 BILL NO. 2015-19
SPONSORED BY Councilman Graham
ORDINANCE NO. / c�-I-
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER
35, THE ZONING CODE, PERTAINING TO FUNERAL ARRANGEMENT SERVICE
OFFICES.
WHEREAS, It appears that the procedures set forth in the zoning code relating to
zoning code text amendments 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. Exhibit 35-28 (Land Uses Authorized in Zoning Districts) Section 3.
(Commercial Use), G. (Retail Sales and Service), is amended as follows:
Exhibit 35-28:Land Uses Authorized in Zoning Districts
Use Category Specific Use Type Zoning Districts
RU RS-1 RS-2 RS-3TRS4 RD RA-1 RA-2 N-0 RC C-O C-1 C-2 C-3 M-1 M-2
3.Commercial Use
G Retail Sales and Service 32.Mortuary,Funeral c P P P
Home
33.Funeral
Arrangement Service
Office,1,500 sf or P P P P
less
34.Funeral
Arrangement
P P P - -
Service Office,
greater than 1,500 sf
34 35.Services, P P P
Personal
3&36.Dog Day Care
and Grooming, P P P -
indoor operations
Section 2. Section 35-92 (Definitions) is amended as follows:
Funeral Arrangement Service Office. An office used for the arrangement of funeral services, with ne limited
facilities for funeral services, viewings, and storage of bodies. Of and no facilities for embalming or
cremation.
Section 3. This ordinance shall be in full force and effect from and after its passage
and approval.
Drafters Note: Deleted text shown as thus. Inserted text shown as thus
Passed: I A Aj , /J, Approved: (((111 l (4 c).11 ?o15
C'awe; dotiv4,4 �-G w, `
Presiding Officer Mayor Carrie Tergin
ATTEST - APPROVED AS TO FORM:
1441
City Clerk,, ::� ' City Counselor
Drafters Note: Deleted text shown as thus. Inserted text shown as thus
NOTICE OF PUBLIC HEARING ON PLANNING AND ZONING MATTERS
The City Council of the City of Jefferson, Missouri, will hold a public hearing on the following
planning and zoning matter on Monday, July 20, 2015 at 6:00 p.m. in the Council Chamber of the
John G. Christy Municipal Building, 320 East McCarty Street, Jefferson City, Missouri.
ZONING TEXT AMENDMENT. Amendment to the text of Chapter 35, Zoning, including Sections
35-92 Definitions and Section 35-28 Land Use Matrix, pertaining to the definition of funeral
arrangement service office and districts where permitted.
Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or
alternative formats as required under the Americans with Disabilities Act. Please allow three
business days to process the request. Please call (573) 634-6410 with questions regarding these
matters.
Phyllis Powell, City Clerk, City of Jefferson, Missouri
P.T. - Thursday, July 2, 2015
For contact information only.
Department of Planning and Protective Services/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
EXCERPT OF UN -APPROVED MINUTES
JEFFERSON CITY PLANNING AND ZONING COMMISSION
June 11, 2015
5:15 p.m.
COMMISSION MEMBERS PRESENT
Bunnie Trickey Cotten
Jack Deeken
Bob George
Chris Jordan, Vice Chairman
Michael Lester
David Nunn
Chris Yarnell
COMMISSION MEMBERS ABSENT
Dale Vaughan
Dean Dutoi
Ron Fitzwater, Alternate
EX -OFFICIO MEMBERS PRESENT
Carlos Graham, City Council Liaison
STAFF PRESENT
Janice McMillan, Director of Planning & Protective Services
Eric Barron, Senior Planner
Bryan Wolford, Associate City Counselor
Anne Stratman, Administrative Assistant
ATTENDANCE RECORD
9of10
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8of10
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9 of 10
8of10
8 of 10
9of10
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6of10
New Business/Public Hearings
Case No. P15006 — Zoning Code Text Amendment, Funeral Arrangement Service Office.
Staff initiated proposal to amend the text of Chapter 35, Zoning, including sections 35-92
Definitions and 35-28 Land Use Matrix, pertaining to the definition of funeral arrangement service
office and districts where permitted. The complete text of the amendment is available for review
at the Department of Planning and Protective Services, 320 E. McCarty Street, or may be viewed
at the Planning and Zoning Commission webpage at: www.jeffcitvmo.org.
Mr. Barron described the proposal and explained that the purpose of the proposed amendment
was to permit office oriented funeral arrangement services in the C -O Commercial Office zoning
district while continuing to prohibit the more intensive funeral home use from the office district. He
stated that the existing definition for funeral arrangement service office prohibited the storage of
bodies and conducting of ceremonies, in order to restrict the use to an office use. Mr. Barron
explained that City staff have found that the recent amendment conflicts with State of Missouri
requirements regarding the licensing of funeral service establishments, which require that licensed
facilities be capable of storing remains and conducting ceremonies. He stated that in order to
remove the conflict with state licensing requirements, staff is proposing the removal of the
restrictions regarding storage of bodies and conducting of services from the definition of funeral
arrangement service office. Mr. Barron explained that in order to prevent larger facilities, capable of
hosting large ceremonies and better defined as a funeral home, from locating in the commercial
office district, staff are proposing a size limitation of 1,500 square feet on the funeral arrangement
service office use. He stated that this amendment was initiated after contact with Tyler Woods,
Woods Memorial Services, who experienced difficulties in relicensing his funeral service business
due to conflicts between the City Code and State of Missouri licensing requirements.
No one spoke in opposition to this request and no correspondence was received.
Mr. Nunn moved and Mr. Lester seconded to recommend approval of the proposed text
amendment pertaining to funeral arrangement service office to the City Council. The motion passed
6-0 with the following votes:
Aye: Cotten, Deeken, George, Lester, Nunn, Yarnell
Staff Report
Case P15006 — Zoning Code Text Amendment
Funeral Arrangement Service Office
Planning and Zoning Commission — June 11, 2014
Background:
At the June 12, 2014, meeting of the Planning and Zoning Commission, a Zoning Code text amendment
that created and defined the land use category of Funeral Arrangement Service Office was heard and
recommended for approval by the Commission. The amendment was subsequently approved by the
City Council on July 21, 2014, and formally incorporated into the Zoning Code.
The purpose of the amendment was to permit office oriented funeral arrangement services in the C -O
Commercial Office zoning district while continuing to prohibit the more intensive funeral home use from
the office district. The definition for funeral arrangement service office prohibited the storage of bodies
and conducting of ceremonies, in order to restrict the use to an office use.
Proposal:
City Staff have found that the recent amendment conflicts with State of Missouri requirements
regarding the licensing of funeral service establishments, which require that licensed facilities be
capable of storing remains and conducting ceremonies.
In order to remove the conflict with state licensing requirements, staff are proposing the removal of the
restrictions regarding storage of bodies and conducting of services from the definition of funeral
arrangement service office. In order to prevent larger facilities, capable of hosting large ceremonies and
better defined as a funeral home, from locating in the commercial office district, staff are proposing a
size limitation of 1,500 square feet on the funeral arrangement service office use.
Public Comment:
This amendment was initiated after contact with Tyler Woods with Woods Memorial Services, who
experienced difficulties in relicensing his funeral service business due to conflicts between the City Code
and State of Missouri licensing requirements. See attached correspondence from Tyler Woods.
Form of Motion:
Motion for approval of the staff proposed amendment.
Barron, Eric
From: Tyler Woods <tyler.m.woods@gmail.com>
Sent: Monday, May 11, 201511:25 AM
To: Barron, Eric
Cc: Jim Weber
Subject: Amdendment to the funeral service office text.
Attachments: Scan0001.pdf
Good afternoon, I am emailing a request to amend the text of Funeral Service Office in the special use or allowed uses in
zoning.
I operate a funeral service located at 611 E. Capitol Ave. Jefferson City, MO. 65101. We have operated from this location
since April/May of 2014. We are in a zoning conflict with our state statue on funeral establishment law which requires us
to shelter a deceased human body. We operate under a Function C Establishment license with the State of Missouri
which requires us to shelter deceased human remains while in our care. However we do not currently do this at 611 E.
Capitol, we need the permitted use from city zoning to do so. We currently do all preparation work to deceased humans
at 702 E. McCarty St. (Embalming, Sheltering, Cosmetics and Casketing.) We use separate facilities to refrigerate if the
individual is being held over for cremation or undecided, which is not located at 611 E. Capitol either. We would like to
remain in our establishment and work in hand with city staff and officials to amend the text to this language so we may
be in compliance with state law. State law also requires us to have a location for a service to be held in which there are
no occupancy guidelines or specific requirements on that, we ask to be allowed 1 person per 100 sq. ft to be allowed on
premise for any ceremony, ritual, or gathering. I believe currently it says in city code any ceremonies are restricted.
I will submit drawings of the floor plan showing our proposed and current use. You will notice we do not have a chapel
therefore will not actively promote ceremonies from this location however in compliance we have to have the ability in
zoning which is why we would like a compromise of max occupation which I understand we would be a self -policing
situation.
Our current business model which has worked well for over 2 years now is; we primarily use our establishment as an
arrangement center to make and arrange all funeral and memorial service needed for a deceased human. We then do
our preparation work at a separate already licensed and compliant facility, finishing with services held in churches,
homes, or other public meeting rooms, lodges, or halls.
I appreciate your consideration in this matter so we may continue to serve, comply, and be a productive service to our
community. Myself and Mr. Weber, the owner of the property are available to address concerns and questions by
appointment.
Thank you,
Tyler Woods
573-636-2424
EXCERPT OF UN-APPROVED MINUTES
JEFFERSON CITY PLANNING AND ZONING COMMISSION
June 11, 2015
COMMISSION MEMBERS PRESENT
Bunnie Trickey Cotten
Jack Deeken
Bob George
Chris Jordan, Vice Chairman
Michael Lester
David Nunn
Chris Yarnell
COMMISSION MEMBERS ABSENT
Dale Vaughan
Dean Dutoi
Ron Fitzwater, Alternate
EX-OFFICIO MEMBERS PRESENT
Carlos Graham, City Council Liaison
STAFF PRESENT
5:15p.m.
Janice McMillan, Director of Planning & Protective Services
Eric Barron, Senior Planner
Bryan Wolford, Associate City Counselor
Anne Stratman, Administrative Assistant
New Business/Public Hearings
ATTENDANCE RECORD
9 of 10
9 of 10
8 of 10
8 of 10
9 of 10
8 of 10
8 of 10
9 of 10
5 of 10
6 of 10
Case No. P15006 -Zoning Code Text Amendment, Funeral Arrangement Service Office.
Staff initiated proposal to amend the text of Chapter 35, Zoning, including sections 35-92
Definitions and 35-28 Land Use Matrix, pertaining to the definition of funeral arrangement service
office and districts where permitted. The complete text of the amendment is available for review
at the Department of Planning and Protective Services, 320 E. McCarty Street, or may be viewed
at the Planning and Zoning Commission webpage at: www.jeffcitymo.org.
Mr. Barron described the proposal and explained that the purpose of the proposed amendment
was to permit office oriented funeral arrangement services in the C-0 Commercial Office zoning
district while continuing to prohibit the more intensive funeral home use from the office district. He
stated that the existing definition for funeral arrangement service office prohibited the storage of
bodies and conducting of ceremonies, in order to restrict the use to an office use. Mr. Barron
explained that City staff have found that the recent amendment conflicts with State of Missouri
requirements regarding the licensing of funeral service establishments, which require that licensed
facilities be capable of storing remains and conducting ceremonies. He stated that in order to
remove the conflict with state licensing requirements, staff is proposing the removal of the
restrictions regarding storage of bodies and conducting of services from the definition of funeral
arrangement service office. Mr. Barron explained that in order to prevent larger facilities, capable of
hosting large ceremonies and better defined as a funeral home, from locating in the commercial
office district, staff are proposing a size limitation of 1,500 square feet on the funeral arrangement
service office use. He stated that this amendment was initiated after contact with Tyler Woods,
Woods Memorial Services, who experienced difficulties in relicensing his funeral service business
due to conflicts between the City Code and State of Missouri licensing requirements.
No one spoke in opposition to this request and no correspondence was received.
Mr. Nunn moved and Mr. Lester seconded to recommend approval of the proposed text
amendment pertaining to funeral arrangement service office to the City Council. The motion passed
6-0 with the following votes:
Aye: Cotten, Deeken, George, Lester, Nunn, Yarnell
Staff Report
Case P15006-Zoning Code Text Amendment
Funeral Arrangement Service Office
Planning and Zoning Commission-June 11, 2014
Background:
At the June 12, 2014, meeting of the Planning and Zoning Commission, a Zoning Code text amendment
that created and defined the land use category of Funeral Arrangement Service Office was heard and
recommended for approval by the Commission. The amendment was subsequently approved by the
City Council on July 21, 2014, and formally incorporated into the Zoning Code.
The purpose of the amendment was to permit office oriented funeral arrangement services in the C-0
Commercial Office zoning district while continuing to prohibit the more intensive funeral home use from
the office district. The definition for funeral arrangement service office prohibited the storage of bodies
and conducting of ceremonies, in order to restrict the use to an office use.
Proposal:
City Staff have found that the recent amendment conflicts with State of Missouri requirements
regarding the licensing of funeral service establishments, which require that licensed facilities be
capable of storing remains and conducting ceremonies.
In order to remove the conflict with state licensing requirements, staff are proposing the removal of the
restrictions regarding storage of bodies and conducting of services from the definition of funeral
arrangement service office. In order to prevent larger facilities, capable of hosting large ceremonies and
better defined as a funeral home, from locating in the commercial office district, staff are proposing a
size limitation of 1,500 square feet on the funeral arrangement service office use.
Public Comment:
This amendment was initiated after contact with Tyler Woods with Woods Memorial Services, who
experienced difficulties in relicensing his funeral service business due to conflicts between the City Code
and State of Missouri licensing requirements. See attached correspondence from Tyler Woods.
Form of Motion:
Motion for approval of the staff proposed amendment.
Barron, Eric
From:
Sent:
To:
Cc:
Subject:
Attachments:
Tyler Woods <tyler.m.woods@gmail.com>
Monday, May 11, 2015 11:25 AM
Barron, Eric
Jim Weber
Amdendment to the funeral service office text.
Scan0001.pdf
Good afternoon, I am emailing a request to amend the text of Funeral Service Office in the special use or allowed uses in
zoning.
I operate a funeral service located at 611 E. Capitol Ave. Jefferson City, MO. 65101. We have operated from this location
since April/May of 2014. We are in a zoning conflict with our state statue on funeral establishment law which requires us
to shelter a deceased human body. We operate under a Function C Establishment license with the State of Missouri
which requires us to shelter deceased human remains while in our care. However we do not currently do this at 611 E.
Capitol, we need the permitted use from city zoning to do so. We currently do all preparation work to deceased humans
at 702 E. McCarty St. (Embalming, Sheltering, Cosmetics and Casketing.) We use separate facilities to refrigerate if the
individual is being held over for cremation or undecided, which is not located at 611 E. Capitol either. We would like to
remain in our establishment and work in hand with city staff and officials to amend the text to this language so we may
be in compliance with state law. State law also requires us to have a location for a service to be held in which there are
no occupancy guidelines or specific requirements on that, we ask to be allowed 1 person per 100 sq. ft to be allowed on
premise for any ceremony, ritual, or gathering. I believe currently it says in city code any ceremonies are restricted.
I will submit drawings of the floor plan showing our proposed and current use. You will notice we do not have a chapel
therefore will not actively promote ceremonies from this location however in compliance we have to have the ability in
zoning which is why we would like a compromise of max occupation which I understand we would be a self-policing
situation.
Our current business model which has worked well for over 2 years now is; we primarily use our establishment as an
arrangement center to make and arrange all funeral and memorial service needed for a deceased human. We then do
our preparation work at a separate already licensed and compliant facility, finishing with services held in churches,
homes, or other public meeting rooms, lodges, or halls.
I appreciate your consideration in this matter so we may continue to serve, comply, and be a productive service to our
community. Myself and Mr. Weber, the owner of the property are available to address concerns and questions by
appointment.
Thank you,
Tyler Woods
573-636-2424
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