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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 2of3 2of3 3of3 3of3 3of3 2 of 3 3of3 1 of 3 3of3 2of3 2of3 1 of 2 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.