HomeMy Public PortalAboutORD15456 BILL NO. 2015-67
SPONSORED BY Councilman Graham
ORDINANCE NO. ) S--I-gt
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER
35, THE ZONING CODE, PERTAINING TO HEAVY EQUIPMENT SALES, CONCRETE
AND ASPHALT PLANTS, SOLID WASTE DISPOSAL SITES, AND COMPOSTING
SITES.
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.K, is
amended as follows to establish a new use, Heavy Machinery and Equipment Sales,
Rental and Service, and to permit said use in the C-2, M-1 and M-2 districts:
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-o C-1 C-2 C-3 M-1 M-2
3.Commercial Use
K.Vehicle Sales and 2.Heavy Machinery and
Leasing Equipment Sales,Rental and - P - P P
Service
Section 2. Exhibit 35-28.(Land Uses Authorized in Zoning Districts) Section 4.A.4
Concrete Mixing Plant, Asphalt Plant, Cement Batch Plant, is amended as follows to establish
said use as a conditional use of the RU 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
4.Industrial
A.Industrial Service,
Manufacturing and
Production,Assembly, 4.Concrete Mang Plant,
Distribution, Asphalt Plant,Cement Batch C C C P
Manufacturing, Plant
Processing,Production,
Wholesale Sales
Section 3. Exhibit 35-28.(Land Uses Authorized in Zoning Districts) Section 4.C.2
Solid Waste Disposal Sites, including Landfill, is amended as follows to establish said
use as a special exception use of the M-1 district:
Drafters Note:Deleted text shown as Mes. Inserted text shown as thus
Exhibit 35.29: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-O RC C-O C-1 C-2 C-3 M-1 M-2
4.Industrial
C.Waste-Related Use 2.Solid Waste Disposal Sites, - - _ _ - _ _ SE SE
including Landfill —
Section 4. Exhibit 35-28.(Land Uses Authorized in Zoning Districts) Section 4.C, is
amended as follows to establish a new use, Composting Site, and to establish said use
as a special exception in the C-2 and M-1 districts, a conditional use of the RU district,
and a permitted use in the M-2 district:
Exhibit 35-28:Land Uses Authorized in Zoning Districts
Use Category Specific Use Type Zoning Districts
RU RS-1 RS-2 RS-3 RSd RD RA-1 RA-2 N-0 RC C-0 C-1 C-2 C-3 M-1 M-2
C.Waste-Related Use 7.Composting Site C SE - SE P
Section 5. Section 35-41 (Specific use standards) is hereby amended with the
addition of a new sub-section pertaining to specific use standards for composting site,
as follows:
33. Composting Site
a. Location. Composting facilities may be authorized in the districts specified
by Exhibit 35-28 Land Use Matrix.
b. Performance Standards.
i. No materials or compost shall be stored within 25 feet of any
property line.
ii. No excessive dust, noise,vibration,smoke, fumes, odors, or glare
shall be detected beyond the property lines.
iii. Minimum parcel size of four(4) acres is required.
iv. Subject to other applicable local,state,and federal permits as
required.
Section 6. This ordinance shall be in full force and effect from and after its
passage and approval. "
Passed: /I'11/ '�/ Approved: ( ( �I c� 'a015
•
( V ce
Prestding•Offlcer•:-= • Mayor Carrie Tergin
EST: APPR AS T/1O�FORM:
ity CerkCity Counselor
•
Drafters Note:Deleted text shown as thus. Inserted text shown as thus
NOTICE OF PUBLIC HEARINGS ON PLANNING AND ZONING MATTERS
The City Council of the City of Jefferson, Missouri,will hold public hearings on the following planning and
zoning matters on Monday, November 16, 2015 at 6:00 p.m. in the Council Chamber of the John G.
Christy Municipal Building, 320 East McCarty Street, Jefferson City, Missouri.
1. 2301 AND 2305 EAST MCCARTY STREET—REZONING 0.49 ACRES FROM C-2 GENERAL
COMMERCIAL TO RA-1 MULTI-FAMILY RESIDENTIAL AND AN ASSOCIATED COMPREHENSIVE
PLAN AMENDMENT DESIGNATING THE AREA AS HIGH DENSITY RESIDENTIAL: Lots 18 and 19
of Doehlas Subdivision of Part of Private Survey No. 2701, per plat of record in Plat Book 5, Page
41, Cole County Recorder's Office.
2. 2219 EAST MCCARTY STREET — REZONING 0.52 ACRES FROM C-2 GENERAL
COMMERCIAL TO RA-1 MULTI-FAMILY RESIDENTIAL: Lots 1 and 2 of Doehlas Subdivision of part
of Private Survey no. 2701, in the City of Jefferson, Missouri, per plat of record in plat book 5, page
41, Cole County Recorder's Office.
3. 3219 MASONIC COURT — PRELIMINARY PUD PLAN. A Preliminary PUD Plan has been
submitted for a new 12,130 square foot daycare center/preschool with parking lot and outdoor
playgrounds, for property described as Lot 5 of Smith Place Addition, Section Five.
4. ZONING TEXT AMENDMENT.Amendments to the text of Chapter 35,Zoning, Section 35-28
Land Use Matrix pertaining to heavy equipment sales, rental and service; concrete and asphalt
plants; solid waste disposal and composting sites; and Section 35-41 Specific Use Standards,
pertaining to composting sites. The complete text of the amendments are 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.
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. - Friday, October 30, 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
October 8, 2015
5:15 p.m.
COMMISSION MEMBERS PRESENT
Bunnie Trickey Cotten
Dean Dutoi
Bob George
Chris Jordan, Chairman
Michael Lester
Dale Vaughan
Chris Yarnell, Vice Chairman
Ron Fitzwater, Alternate
Erin Wiseman, Alternate
COMMISSION MEMBERS ABSENT
Jack Deeken
David Nunn
Blake Markus, Alternate
COUNCIL LIAISON
Carlos Graham
STAFF PRESENT
Janice McMillan, Director of Planning & Protective Services
Eric Barron, Senior Planner
Bryan Wolford, Associate City Counselor
Shane Wade, Civil Engineer II
Anne Stratman, Administrative Assistant
New Business/Public Hearings
ATTENDANCE RECORD
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Case No. P15017 — Zoning Code Text Amendment. Request filed by planning division staff to
amend the text of Chapter 35, Zoning, Section 35-28 Land Use Matrix and Section 35-41 Specific
Use Standards, with respect to the following:
1. Establishment of asphalt and concrete plants as a conditional use of the RU district.
2. Establishment of heavy machinery and equipment sales, rental, and service as a permitted
use of the C-2, M-1, and M-2 districts.
3. Establishment of Landfill as a special exception use of the M-1 district.
4. Establishment of composting site as a permitted use in the M-2 district and a special
exception use of the C-2 and M-1 districts.
5. Establishment of specific use standards for composting sites.
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.
Asphalt Plants
Mr. Barron described that asphalt and concrete plants are often located on quarry sites, which are
a conditional use of the RU district, and staff are proposing to establish asphalt/concrete plants as a
conditional use of the RU district in order to allow the two uses to exist together within that district.
Excerpt of Un -Approved Minutes/Jefferson City Planning & Zoning Commission Page 2
October 8, 2015
Heavy Equipment Sales
Mr. Barron described that a directors determination was conducted in 2007 regarding heavy
equipment sales. At that time it was determined that such uses are suitable to be permitted in the
C-2, M-1, and M-2 zoning districts. He explained that this amendment would formalize that
determination by incorporating it into the Zoning Code.
Landfill
Mr. Barron described that the existing Allied Waste landfill is zoned M-1, which is a zoning district
where such uses are not permitted. In order to fix the nonconforming nature of the existing landfill,
and recognizing that such uses are suitable for the M-1 district with proper review through the
special exception process, staff are proposing to establish landfills as a special exception use of the
M-1 district.
Composting Sites
Composting sites are not listed within the land use matrix of the Zoning Code. In 2010, a
Director's Determination was conducted in order to establish which districts the use would be
permitted in and what additional standards they would be subject to. This amendment would
incorporate the Director's Determination into the Zoning Code.
Mr. Lester suggested including composting sites as a Conditional Use in the RU Rural Use
zoning district.
Ms. Cotten moved and Mr. Vaughan seconded to recommend approval of the proposed
amendments to the Zoning Code, including the addition of composting sites as a conditional use of
the RU district as suggested by Mr. Lester, to the City Council.
The motion passed 8-0 with the following votes:
Aye: Cotten, Dutoi, Fitzwater, George, Lester, Vaughan, Yarnell, Wiseman
PLANNING STAFF REPORT
JEFFERSON CITY PLANNING AND ZONING COMNIISSION
August 13, 2015
Case No. P15017 — Zoning Code Text Amendment. Request filed by planning division staff to amend
the text of Chapter 35, Zoning, Section 35-28 Land Use Matrix and Section 35-41 Specific Use
Standards, with respect to the following:
1. Establishment of asphalt plants as a conditional use of the RU district.
2. Establishment of heavy machinery and equipment sales, rental, and service as a permitted use of
the C-2, M-1, and M-2 districts.
3. Establishment of Landfill as a special exception use of the M-1 district.
4. Establishment of composting site as a permitted use in the M-2 district and a special exception
use of the C-2 and M-1 districts.
5. Establishment of specific use standards for composting sites.
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.j effersoncitvmo.gov.
1. Establish Asphalt Plants as a Conditional Use of the RU District
Asphalt plants are typically operated on the same site as a quarry. A Quarry is a conditional use of the
RU district, although asphalt plants are currently not permitted in the RU district. Asphalt plants and
quarry uses are often temporary in nature, and are usually moved after the useable rock on the
property has been removed and the property leveled for development of a more permanent use.
Establishing asphalt plants as a conditional use of the RU district should have minimal impact
considering their temporary nature, the relatively large size of most RU zoned property, and the ability
of the Board of Adjustment to establish conditions to address any specific concerns.
2. Heavy Equipment Sales
Heavy equipment sales, rental and services is a use that is not listed within the land use matrix (exhibit
35-28) of the Zoning Code. In response to the pending development of a new Fabick site in 2007, A
directors determination, as permitted by Section 35-28.6, was done in order to establish which zoning
districts the use would be permitted in. The director determined that such uses are appropriate and
expected uses in the C-2, M-1 and M-2 districts. The proposed amendment would incorporate the
directors determination into the Zoning Code. See attached directors determination.
3. Landfill
Landfills are currently a special exception use of the M-2 district, and prohibited in all other districts.
The existing Allied Waste landfill is on property zoned M-1. In order to eliminate the non -conforming
situation of the landfill being on property where it is not a permitted use, staff recommend that landfills
be established as a special exception use of the M-1 district.
4 and 5. Composting sites
Composting sites are not listed within the land use matrix (exhibit 35-28) of the Zoning Code. In 2010, a
directors determination, as permitted by Section 35-28.13, was conducted in order to establish which
districts the use would be permitted in. The director determined that such uses should be a permitted
use of the M-2 district and a special exception use of the M-1 and C-2 districts, with specific use
standards involving storage of material close to property lines, minimum property size, and minimization
of noise, dust, odor, etc. The proposed amendment would incorporate the directors determination into
the Zoning Code. See attached directors determination.
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.
DEPARTMENT OF COMMUNITY DEVELOPMENT
ZONING DETERMINATION No. 2007-01
Subject/Problem: Classification of "Heavy Machinery and Equipment Sales, Rental and Service. This use is not specifically
listed on the Land Use Matrix.
Analysis: Heavy equipment and machinery sales, rental and service are not specifically listed as a Permitted, Conditional or Special
Exception uses in any zoning district. However, sales of farm implements are permitted in C-2 and M-1; mobile home sales are
permitted in C-2 and motor vehicle sales are permitted in M-1. Furthermore, outdoor storage of heavy equipment and vehicles is
"Permitted" in M-1 and M-2 districts if part of a contractor or trade shop.
Exhibit
35-28: Land Uses Authorized in Zoning Districts
Zoning
Districts
Use Category Specific Use Type
iRU
RS -1
RS -2
RS -3
RS -4
1 RD
IRA -1
!RA -2
I N•O
IRC
C -O
C-1
C-2
3.,COMMERCIAL USE
G. Retail Sales and 12. Contractors and Trade Shops -Indoor
I -
-
-
-
-
-
-
-
-
-
p
p
Service Operations and Outdoor Storage(including
storage of heavy equipment and vehides)
I
17. Farts Implement Sales & Service
-
-
-
-
-
-
-
-
-
-
-
P
-
P
C
�31. Manufactured Home Sales
-
-
-
-
-
-
-
-
-
-
-
-
P
-
-
-
K. Vehicle Sales and
1. Motor Vehide Sales, including Leasing
-
-
-
-
-
-
-
-
-
-
-
P
-
P
-
Leasing
and Rental of New, & Used Autos, Trucks
RVs. Trailers. Boats
L. vehicle Storage
1. Impoundment Lot, RV, Boat, Bus and
Camper Storage Lot, Wrecked Vehide
-
-
-
-
-
-
-
-
-
-
-
-
-
-
P
P
Storage Yard .
K. Vehicle Sales and
N2 Heavy Machinery and Equipment
-
-
-
-
-
-
p
P
P
Leasing, Healy
ales, Rental and Service
Equipment
Determination: Heavy machinery and equipment sales, rental and service are appropriate and expected uses in the C-2 General
Commercial, M-1 Light Industrial District and M-2 Heavy Industrial District and shall be classified as a "P" Permitted Use in such
districts.
Recommended by: /ll� (l� �1.Lh�( Lf"%iLC �GIZJLO 7 Approved by: 1 _li r &W.17
JW ce McMillan, AICP D to Patridk E. Sullivan; P.E. Director Date
Authority. Section 35.28.8 provides that where a use is not specifically listed, the Director shall determine the appropriate zone based a comparison of other uses
which most closely resemble the unlisted use and shall allow the use in the designated district. A conditional use is not needed, only a determination by the
director. In the event of a dispute over the director's decision, the Board of Adjustment shall make the determination upon appeal.
Department of Community Development
Jefferson City, Missouri
Director's Zoning Determination
Classification of Composting Site
Problem: Operation of a composting site is not listed as a permitted, conditional or special exception
use in any zoning district, although definition for this use is included in the code. Currently, one site in a C-2
General Commercial District is being used as a composting site under a city contract. Small scale composting
operations are operated as accessory uses at several landscaping and plant nurseries in Jefferson City. A
composting site is defined within the zoning code as "a place where the public may bring compostable
material which is then recycled into useable compost. Compostable materials include leaves, grass clippings,
yard and garden vegetation but not stumps, roots or vegetation with intact root balls." Composting is an
outdoor activity that involves the collection, processing and storage of yard waste. Machinery is typically used
in the processing of yard waste and in turning of compost.
Analysis: To date, the City has had a single compost processing facility operated under a City contract as a
public service to city residents, as approved by the City Council. Composting sites are similar to recycling
centers in some respects. Both recycling centers and composting sites involve customers hauling materials
to the site, with collection and processing being the primary activities on the site. Composting is an outdoor
activity and many recycling centers involve outdoor operations. Recycling centers with outdoor operations
are permitted uses within the M-2 district and are conditional uses of the M-1 and C-2 districts. As an outdoor
operation, composting sites would be an appropriate and expected use in the M-2 General Industrial District.
Composting sites could also be compatible with land uses in the C-2 General Commercial District and the M-1
Light Industrial District, but site speck review regarding access, design, and conditions should be
undertaken in order to ensure the appropriateness of the use at a given location. The final decision regarding
the location of compost sites in other than the M-2 district should be undertaken as a Special Exception Use,
authorized by the City Council. In order to diminish potential negative effects to neighboring properties,
composting sites should be subject to performance standards, including a minimum acreage, and similar
specific use requirements.
Determination: Composting Sites on Private Property, shall be classed as "P" Permitted Use in the M-2
General Industrial District, and "SE" Special Exception Uses in the C-2 General Commercial and M-1 Light
Industrial districts. Composting sites shall be subject to the following performance standards, similar to those
for recycling centers as outlined in Section 3541.6.21:
• No materials or compost shall be stored within 25 feet of any property line;
• No excessive dust, noise, vibration, smoke, fumes, odors or glare shall be detected beyond the
property lines.
• Minimum parcel size of four (4) acres is required.
• Subject to other applicable local, state and federal permits as required.
Recommended li January 12, 2010
J c cMillan, AICP
Approved January 12. 2010
Patrltk E. St rf, P.E. Date
Director of Community Development
Authority: Section 35-28.8 provides that where a use is not specifically listed. the Director shall determine the
appropriate zone based a comparison of other uses which most closely resemble the unlisted use and shall
allow the use in the designated district. In the event of a dispute over the director's decision, the Board of
Adjustment shall make the determination upon appeal.