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HomeMy Public PortalAboutORD15434 BILL NO. 2015-43 SPONSORED BY COUNCILMAN Graham ORDINANCE NO. 15-434 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 35, THE ZONING CODE, PERTAINING TO MULTI-FAMILY USES IN THE RA-1 ZONING DISTRICT, RESIDENTIAL DRIVEWAY WIDTHS AND STANDARDS FOR FENCES. 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 1.Residential Use, A. Household Living, is amended as follows to establish residential buildings with more than 4 units as a conditional use in the RA-1 district: Exhibit 35-28:Land Uses Authorized in Zoning Districts Use Category Specific Use Type Zoning Districts RU RS-1 RS-2 RS-3 RS-4 RD RA-1 RA-2 N-0 RC C-0 C-1 C-2 C-3 M-1 M-2 1. Residential 5.Multi-Family(4 or A.Household Living fewer units in P P building) 6,6. Multi-Family(7- er-fewer5 to units RC P in building) 6:7.Multi-Family(8 or more units in - building) 7-8.Bed and Breakfast Home,see P C P 'Lodging"for B&B Inn 8,9.Boarding House C - - C C - - - - 13 10.Residential Use in Non- P PPPP residential Building- Second floor or aboe 40,11. Night Watchman or CCCPP P Caretaker quarters Section 2. Exhibit 35-58C (Driveway Standards) is amended as follows, to increase maximum driveway width from 24 to 30 feet, for One-Family and Two-Family Residential uses with three vehicle garages that face the street, as follows: Bill 2015-43 Page 1 Drafters Note: Deleted text shown as thus. Inserted text shown as thus Exhibit 35-58C. Driveway Standards. Minimum Maximum Land Use Minimum Private Driveway Width of Width of Minimum Width Setback from Property Line Driveway Driveway of Driving Lane' One-Family and 2 feet 12 feet 24 feet'- n/a Two- Family Residential Multi-Family Residential 2 feet 12 feet[ 24 feet2 10 feet Commercial and 5 feet 24 feet- 40 feet 12 feet Non-Residential Notes: [One-way traffic. 2Where two-way traffic is designated. 'Maximum driveway width is 30 feet where a three-vehicle garage faces the street. Section 3. Section 35-59.F (Standards for Fences and Walls Used Outside of Required Bufferyards) is hereby amended as follows: F. Standards for Fences and Walls - -: e. •. • -: .* -: E. --• : . Standards in All Districts. No fence shall be erected without a permit. At a minimum, unless specified otherwise at the time of development approval, fences and walls erected shall comply with the following: a. Visual Clear Zone: Fences and walls shall comply with the provisions of Section 35-55 Visual Clear Zone. b. Fences and Walls Erected by Public Entities Exception. Fences and walls erected by public entities for public recreational and other public purposes. including but not necessarily being limited to fencing for tennis courts and baseball fields. shall be exempt from the fence height regulations provided that the fence is more than 25 feet from the nearest property line. c. Fences and Walls Erected for Public Utilities Exception. Public Utilities may erect fences and walls up to a maximum of 10 feet in height for public utility sites including but not necessarily limited to water towers. telecommunication towers, and electrical substations, provided that the fence is located 25 feet from the nearest property line. Barbed wire may be used provided the lowest strand of barbed wire shall be located at least six feet above the ground. No concertina wire shall be permitted. Design standards for fences for public utility purposes may be established by the Board of Adjustment when ruling on a conditional use permit. d. Maintenance and Design Standards. (I) ,. .-. The property owner shall repair or replace rotted, fire damaged, or broken wooden slats and support posts. Broken or severely bent metal posts or torn, cut, or ripped fencing materials shall be repaired or replaced. Loose brick. stone, rock, mortar, or similar materials on masonry walls shall be rebounded or Bill 2015-43 Page 2 Drafters Note: Deleted text shown as thus. Inserted text shown as thus similarly repaired. Peeling, flaking, and chipped paint shall be eliminated and surfaces repainted. (2) No more than two different types of fencing material (such as wood and chain link or two types of wood)are permitted. Missing boards, pickets, or posts shall be replaced with material of the same type. Permitted fencing materials shall include wood, brick, composite, vinyl, chain link, and decorative metal. Other materials manufactured for permanent fencing and compatible with the character of the area may be approved by the Director. (3)I#) No fence shall be made of in whole or in part, cloth, canvas. or sheet metal, plywood, rolled plastic, debris, sunk, or any other materials not specifically manufactured for permanent fencing. Barbed wire, chicken wire, and hog wire is permitted only when associated with a legal nonconforming or permitted agricultural activity or in conformance with Section 35-59.F.3.b below. Concertina wire is prohibited in all districts. (4)j ) The finished side of the fence shall face outward. Posts and support beams must face in toward the subject property or shall be designed as an integral part of the finished surface. 2. Standards for Fences and Walls in the RU. RC, RS. RA and N-O Districts. a. Except as modified by Section 35-55 Visual Clear Zone, fences and walls having a height of four(4)feet or less may be located on any part of the lot. b. Except as modified by Section 35-55, Visual Clear Zone. fences and walls having a height of six feet or less may be erected on those parts of a lot that are as far back or farther back from the street than the front plane of the main building. c. For through lots (as defined in Section 35-92 and as distinguished from corner lots) fences and walls having a height of six feet or less may extend into the yard area at the rear of the building subject to a minimum 10 foot setback from the right-of-way line or. where houses front said right-of-way, at a setback equal to or greater than houses on adjacent lots, whichever is greater. e. Use of concertina wire is prohibited. 3. Standards for Fences and Walls in the C and M Districts. • a. Except as modified by Section 35-55 Visual Clear Zone, fences and walls having a height of four feet or less may be erected on any part of a lot and fences and walls having a height of ten feet or less may be erected on those parts of a lot that are as far back or farther back from the street than the front plane of the main building or the front setback line, whichever is less. b. Barbed wire may be used on fences or walls provided the lowest strand of barbed wire shall be located at least six feet above the ground. • : . •. •• .,-th.sc district . 4. Standards for Fences and Walls in the PUD Planned Unit Development District: Height of fences and walls shall be determined under the plan review procedures set forth in Section 35-74.C. Bill 2015-43 Page 3 Drafters Note: Deleted text shown as thus. Inserted text shown as thus Section 4. This ordinance shall be in full force and effect from and after its passage and approval. Passed: ,Aif i , ". 1 2,D I Approved: q oZ a-1 Jr Presiding Officer Mayor Carrie Tergin ATTEST: . — APPROVED AS TO FORM: t '71 - / ity Clerk _ - ounselor Bill 2015-43 Page 4 Drafters Note: Deleted text shown as thus. Inserted text shown as thus EXCEPRT OF APPROVED MINUTES JEFFERSON CITY PLANNING AND ZONING COMMISSION July 9, 2015 5:15 p.m. COMMISSION MEMBERS PRESENT ATTENDANCE RECORD Bunnie Trickey Cotten 10 of 11 Jack Deeken 10 of 11 Dean Dutoi 6 of 11 Chris Jordan, Vice Chairman 9 of 11 Michael Lester 10 of 11 Dale Vaughan 10 of 11 Chris Yamell 9 of 11 Erin Wiseman, Alternate 1 of 2 COMMISSION MEMBERS ABSENT Bob George 8 of 11 David Nunn 8 of 11 Ron Fitzwater, Alternate 6 of 11 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 Case No. P15009—Zoning Code Text Amendments. Staff initiated proposal to amend the text of Chapter 35, Zoning, including sections 35-28 Land Use Matrix, 35-58 Driveway Standards and 35-59 Fence Standards. 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. RA-1 Multifamily Residential District Mr. Barron explained that an amendment to the Zoning Code that would limit buildings within the RA-1 district to four units or less, with a conditional use permit required for more than 4 units, is appropriate in order to match the purpose of that district and to provide for more flexibility in the implementation of land use regulations across the City. He stated that Staff conducted a land use survey of the four existing multi-family residential uses in the RA-1 districts across the City. Mr. Barron explained that the four existing properties would be permitted to expand or rebuild buildings on their property without being subject to the conditional use permit process. Ms. Cotten moved and Mr. Dutoi seconded to recommend approval of the proposed text amendment to Chapter 35 Zoning, Section 35-28 Land Use Matrix to the City Council. The motion passed 7-0 with the following votes: Aye: Cotten, Deeken, Dutoi, Lester, Vaughan, Yarnell, Wiseman Maximum Driveway Width Mr. Barron explained that the Zoning Code permits a maximum width for residential driveways of 24 feet. He stated that Staff was approached by a local homebuilder with a request to raise the maximum width in order to allow for a driveway width that would accommodate three car garages. He stated that Staff researched driveway requirements of similar sized cities with the following results: (1) Chesterfield a maximum width of 26 feet, minimum width of 10 feet; (2) Blue Springs a maximum width of 30 feet; (3) Columbia a minimum width of 12 feet, maximum width of 25 feet for a two car garage, and a maximum width of 30 feet for a three car garage; and (4) Springfield a maximum width of 22 feet and a minimum width of 12 feet. Several Commission members expressed concerns for a 30 foot maximum driveway width. Ms. Cotten expressed support for a 30 foot maximum driveway width. Excerpt of Approved Minutes/Jefferson City Planning &Zoning Commission Page 2 July 9, 2015 Mr. Bates spoke regarding this matter and explained that the approach is the part that has the rise which is referred to as the drive approach. That is the connection from the curb and gutter to the driveway. He stated that the Public Works interpretation has been that this is the minimum standard,where the width is measured, until the driveway reaches the property/right-of-way line. Mr. Vaughan moved and Mr. Yamell seconded to table this matter until the August 13, 2015 meeting in order for staff to conduct additional research. The motion passed 6-1 with the following votes: Aye: Deeken, Dutoi, Lester, Vaughan, Yarnell, Wiseman Abstain: Cotten Permitted Fencing Materials Mr. Barron explained that the Zoning Code currently lists prohibited fencing materials, but does not list which materials are permitted and does not offer staff much guidance when uncommon fencing materials are proposed by property owners. He stated that Staff recommends listing permitted fencing materials within the Code, and adoption of language that allows for a Directors determination when uncommon materials are proposed. Mr. Barron explained that materials proposed to be added to the prohibited list are plywood, rolled plastic, debris, junk, or any other materials not specifically manufactured for permanent fencing. He stated that permitted materials include wood, brick, composite, vinyl, chain link, decorative metal and other materials manufactured for permanent fencing and compatible with the character of the area. Ms. McMillan requested to table the fence portion of the proposed text amendments to the August 13, 2015 meeting in order to tighten up the definitions on the design standards specifically what constitutes a workmanship like manner. No one spoke in opposition to the proposed amendments and no correspondence was received. Mr. Dutoi moved and Mr. Yamell seconded to table this matter until the August 13, 2015 meeting in order for staff to conduct additional research. The motion passed 7-0 with the following votes: Aye: Cotten, Deeken, Dutoi, Lester,Vaughan, Yarnell,Wiseman EXCERPT OF UN-APPROVED MINUTES JEFFERSON CITY PLANNING AND ZONING COMMISSION August 13, 2015 5:15 p.m. COMMISSION MEMBERS PRESENT ATTENDANCE RECORD Bunnie Trickey Cotten 1 of 1 Jack Deeken 1 of 1 Dean Dutoi 1 of 1 Bob George 1 of 1 Chris Jordan, Chairman 1 of 1 Michael Lester 1 of 1 David Nunn 1 of 1 Dale Vaughan 1 of 1 Chris Yarnell, Vice Chairman 1 of 1 Erin Wiseman,Alternate 1 of 1 COMMISSION MEMBERS ABSENT Ron Fitzwater, Alternate 0 of 1 EX-OFFICIO MEMBERS PRESENT Glenn Costales, Fourth Ward City Councilman STAFF PRESENT Eric Barron, Senior Planner Bryan Wolford, Associate City Counselor Shane Wade, Civil Engineer II Anne Stratman, Administrative Assistant New Business/Public Hearings Case No. P15009 — Zoning Code Text Amendments. (Continued from July 9, 2015) Staff initiated proposal to amend the text of Chapter 35, Zoning, including sections 35-58 Driveway Standards and 35-59 Fence Standards. 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.jeffersoncitymo.gov. Driveway Standards Mr. Barron described the proposal and explained that staff are recommending a revision to this amendment to permit driveways with a maximum width of 30 feet for single family and duplex uses with three car garages facing the street. He stated that analysis of driveway width requirements for other communities shows a wide range of maximum widths, with the general conclusion drawn by staff that residential driveway standards are a matter of local preference. Mr. Barron explained that many of these local preferences tie the driveway width to the width of the garage, with the allowance of a 30 feet driveway for three car garages by the City of Columbia being the closest example. He stated that a fairly minor increase in driveway width (6' increase) in the rare circumstances of a three car garage would seem appropriate in order to allow for a more efficient use of the garage. Mr. Barron explained that Planning Division and Public Works staff have concerns that an increase in the permitted driveway width for all residential properties may have unintended consequences, and the proposal should be scaled back to only be applicable to properties with three car garages facing the street. Mr. Wade gave the Engineering Division staff report. No one spoke in opposition to this request and no correspondence was received. Ms. Cotton moved and Mr. Vaughan seconded to recommend approval of the revised amendment to permit driveways with a maximum width of 30 feet for single family and duplex uses with three car garages facing the street, to the City Council. The motion passed 8-0 with the following votes: Aye: Cotten, Deeken, Dutoi, George, Lester, Nunn, Vaughan, Yamell Excerpt of Un-Approved Minutes/Jefferson City Planning &Zoning Commission Page 2 August 13, 2015 Mr. Lester left at 5:53 p.m. The Chairman announced that Alternate Ms. Wiseman is eligible to vote. Fence Standards Mr. Barron explained that the Zoning Code currently lists prohibited fencing materials, but does not list which materials are permitted and does not offer staff much guidance when uncommon fencing materials are proposed by property owners. He stated that Staff recommends listing permitted fencing materials within the Code, and adoption of language that allows for a Directors determination when uncommon materials are proposed. Mr. Barron explained that an expansion of the current list of prohibited materials and strengthening of code language relating to maintenance of fences is also recommended. Mr. Barron announced that a recommended amendment to the proposal pertaining to maintenance of fences has been developed in conjunction with the Law Department. No one spoke in opposition to this request and no correspondence was received. Mr. Nunn moved and Mr. George seconded to recommend approval of the proposed text amendment pertaining to fence standards, including amended language regarding maintenance of fences, to the City Council. The motion passed 8-0 with the following votes: Aye: Cotten, Deeken, Dutoi, George, Nunn, Vaughan, Wiseman, Yarnell PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION August 13,2015 Case No. P15009 — Zoning Code Text Amendments. Staff initiated proposal to amend the text of Chapter 35, Zoning, including sections 35-58 Driveway Standards and 35-59 Fence Standards. 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.jeffersoncitymo.gov. Proposed Amendments: 1. Apartments in the RA-1 district — Previously approved by P&Z, on hold pending finalization of other amendments. 2. Maximum Driveway width—increase from 24 feet to 30 feet for single family and duplex uses. 3. Permitted Fencing materials — list permitted materials, expand list of prohibited materials, strengthen code language requiring repair of unsightly fences. Apartment Buildings in the RA-1 district The amendment proposing to establish multi-family buildings with more than 4 units as a conditional use in the RA-1 district was recommended for approval by the Planning and Zoning Commission at the July meeting. It is included on the draft council bill and will be forwarded to the City Council with the other proposed amendments. Maximum Driveway Width The Zoning Code permits a maximum width for residential driveways of 24 feet. Staff have been approached by a local homebuilder with a request to raise the maximum width in order to allow for a driveway width that would accommodate three car garages. The maximum width allowance is measured at the right-of-way/street connection,and can be widened once on the property. Staff have researched driveway requirements of similar sized cities with the following results: Chesterfield—Maximum width of 26 feet. Minimum width of 10 feet. Blue Springs—maximum of 30 feet. Columbia—12 foot minimum. 25 foot max for 2 car garage,30 foot max for three car garage. Springfield—Maximum 22 feet. Minimum 12 feet. Permitted Fencing Materials The Zoning Code regulates fences, including height, location and the material the fence is made of. The Zoning Code currently lists prohibited fencing materials, but does not list which materials are permitted and does not offer staff much guidance when uncommon fencing materials are proposed by property owners. Staff recommend listing permitted fencing materials within the Code, and adoption of language that allows for a Directors determination when uncommon materials are proposed. An expansion of the current list of prohibited materials and strengthening of code language relating to maintenance of fences is also recommended. Current Prohibited Materials Cloth,canvas and sheet metal. Barbed wire, chicken wire and hog wire are only permitted when associated with an agricultural use. Materials Proposed to be Added to Prohibited List Plywood, rolled plastic, debris,junk,or any other materials not specifically manufactured for permanent fencing. Proposed List of Permitted Materials Wood, brick, composite, vinyl, chain link, decorative metal and other materials manufactured for permanent fencing and compatible with the character of the area. Staff Recommendation Staff recommends approval of the proposed Zoning Code amendments. Form of Motion Motion for approval of the proposed amendments to the Zoning Code. Jefferson City Planning Division Supplemental Staff Report Case P15009—Driveway Width Amendment P&Z Commission-8-13-15 Revised Staff Recommendation: Recommend approval of revised amendment — to permit driveways with a maximum width of 30 feet for single family and duplex uses with three car garages facing the street. Background Information: Staff have conducted further research and sought out studies into recommended residential driveway widths with the following results: Study Recommended Width (1-2 family drivewaysj Iowa State—Access Management Awareness Project 14-24 feet Transportation Research Board—Guide for Geometric Design of Driveways—May be related to width of garage.Single Lane:9-12 ft. Double Lane 16-20 ft. Utah Planning Association—General Parking and Driveway Standards 10-27 feet GTCMPO(Rochester, NY)Safe and Efficient Driveway Design Study 14-24 feet Analysis: Analysis of driveway width requirements for other communities shows a wide range of maximum widths, with the general conclusion drawn by staff that residential driveway standards are a matter of local preference. Many of these local preferences tie the driveway width to the width of the garage, with the allowance of a 30 feet driveway for three car garages by the City of Columbia being the closest example. A fairly minor increase in driveway width (6' increase) in the rare circumstances of a three car garage would seem appropriate in order to allow for a more efficient use of the garage. Planning and Public Works staff do have concerns that an increase In the permitted driveway width for all residential properties may have unintended consequences, and the proposal should be scaled back to only be applicable to properties with three car garages facing the street. Please see the Engineering Division staff report for an analysis of the revised proposal. Jefferson City Planning& Zoning Commission Meeting Engineering Division Report Thursday,August 13,2015,5:15pm Item 6.—New Business Case No. P15009—Zoning Text Amendments. (Continued from July 9,2015) Section 35-58. Driveway Standards(Increasing maximum residential driveway width from 24' to 30' for a three(3) car garage) Enaineering Division Residential Driveway Width Discussion Items • Storm Water Drainage- Recent code changes to meet EPA requirements promote the reduction of impervious area. Increasing the maximum width for three(3)car garages would result in a slight net increase in impervious area for a residential lot. Maximum lot coverage provisions in the Zoning Code for overall impervious area however, have not changed. • Cul-de-sacs- Frontage of cul-de-sac lots measured at the curb line provide for limited driveway space. Additionally, fire hydrants, street lights, and utility pedestals and storm water drainage inlets limit driveway access in the cul-de-sac radius. A three(3)car garage drive of thirty(30) feet,as well as smaller driveways, may still be limited by physical features of the roadway area. • Existing Driveways- Existing driveways built to date have been considered with the 24' maximum width. The proposed change to the maximum correlates with the addition or construction of a three(3)car front facing/street level garage. The driveway width, once past the right-of-way line, is currently allowed to exceed 24' in width,with no maximum (allowing for additional parking space upon the residential lot, turnaround areas, etc). • Snow Removal- As with current driveways, the wider the driveway, the more likely the opportunity is for accumulated snow to impede part of the drive entrance during snow removal operations. In the situation where lots have narrow frontages, this could lead to having limited space to place the accumulated snow. • Proximity to Current provisions keep driveways from being any closer than forty Intersections (40) feet away from an intersection. Additional distance is necessary if the intersecting roadway is an arterial or collector roadway. This provision would still apply for all driveways. • Topography- In certain topographical situations,a wider driveway may increase the difficulty in managing storm water drainage, maintaining the appropriate grade for a sidewalk, or maintaining a traversable driveway profile.