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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 9of10 8of10 8of10 9 of 10 8of10 8 of 10 9of10 5of10 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 1 I -·---~! I .. L I I I ! . ~ I