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HomeMy Public PortalAboutORD15686 PASSED AS AMENDED BILL NO. 2017-29 SPONSORED BY Councilman Prather ORDINANCE NO. 15686 AN ORDINANCE AMENDING CHAPTER 35 (ZONING CODE) OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO EVENT CENTERS, NIGHTCLUBS, AFTER-HOURS ESTABLISHMENTS, AND SMOKING LOUNGES. 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. Sec. 35-28 (Matrices of permitted, conditional and special exception use land uses and classification of uses not listed), Exhibit 35-28 (Land Uses Authorized in Zoning Districts), of the Code of the City of Jefferson is amended as follows: See Attachment A Section 2. Sec. 35-41.B (Specific Use Standards) of the Code of the City of Jefferson is hereby amended with the addition of a new subsection pertaining to nightclubs and smoking lounges, as follows: 34: Nightclubs.After-Hours Establishments,and Smoking Lounges a. Location. Nightclubs, After Hours Establishments, and Smoking Lounges may be authorized in the districts specified by Exhibit 35-28 Land Use Matrix. b. Special Exception Permit Required When Near Residence. fD Where a new or expanded Nightclub, After Hours Establishment, or Smoking Lounge use, including the structure and/or parking lot serving the use, is located within two hundred fifty (250) feet of a residential dwelling unit(including loft apartments),said use*shall require a Special Exception Permit. C. Performance Standards. Nightclubs, After Hours Establishments, and Smoking Lounges shall comply with all regulations of Chanter 15, Health and Sanitation, including regulations pertaining to the Jefferson City Clean Indoor Air Ordinance of 2010. d. Special Exception Permits issued for Nightclubs, After Hours Establishments, Ind Smoking Lounges shall be issued in the name of the property owner and are non-transferrable. Section 3. Exhibit 35-58.A (Off-Street Parking Requirements) of the Code of the City of Jefferson is hereby amended with the addition of a new subsection pertaining to event centers and banquet halls, nightclubs, after hours establishments, and smoking lounges, as follows. Editors Note: Inserted text shown as thus. Deleted text shown as thus. PASSED AS AMENDED Use Categories Specific Uses, Minimum.Nu,'mber of Vehicle Spaces 3. COMMERCIAL G.Retail Sales and S.Event Center or Banquet Hall 1 space per 200 sf GFA Services 9.Nightclub 1 space per 100 sf GFA 10.After Hours Establishment 1 space per 100 sf GFA 11.Smoking Lounge 1 space per 100 sf GFA Section 4. Sec. 35-92 (Definitions) of the Code of the City of Jefferson is hereby amended as follows: Event Center or Banquet Hall. A facility that is used primarily for theup rpose of leasing or renting forrp ivate functions on a temporary basis, such as meetings, banquets, weddings, anniversaries and similar celebrations. Nightclub. An establishment dispensing liquor- and meals and in which music, dancing and/or entertainment is conducted during the evening hours in a social setting, but not including bars or taverns as defined in this Chapter. After Hours Establishment. Any establishment open at any time between the hours of 1:30 a.m. and 4:00 a.m., which has for itsrip mareup rpose nightclub, entertainment, teen clubs, dance clubs, and establishments which feature the1p aying of live or recorded music. If the establishment requires a cover charge upon entry, contains a dance floor, or uses either a disc 'o] ckey or live band,it shall be considered an after hours establishment,regardless of whether the establishment serves or sells prepared food for consumption. Smoking Lounge. A retail store used primarily for the sale of smoking materials and where more than seventyep rcent JIQ%j of the volume of trade or business carried on there is that of the blending of tobaccos or sales of tobaccos, cigarettes, pipes, cigars or.smoking sundries and in which the sale of other products is incidental, and in which fifty (50) percent or more of revenue from the sale of tobacco and smoking materials is derived from the sale of tobacco products for consumption on the premises. Section 5. This ordinance shall be in full force and effect from and after its passage and approval. Passed: Approved: Aa0 Presiding Officer, - , Mayor Carrie Tergin ATTEST;.-" ; APPROVED AS TO FORM: ity Cl -,-k -� _ City oun for Editor's Note:."lnserted_textshown as thus. Deleted text shown as thus. PASSED AS AMENDED Bill 2017-29—Attachment A Exhibit 35-28: Land Uses Authorized in Zoning Districts Use Category Specific Use Type Zoning Districts 3. Commercial Use RU RS-1 I RS-2 I RS-3 RS-4 RD RA-1 RA-2 N-O RC MU-1 C-O C-1 C-2 L-3M-1 M-2 G. Retail Sales and 38. Event Center or _ _ _ _ _ Service Ban uet Hall C - - - - - P P P P 39. Nightclub - - - - - - - - - - - - - P SE - P 40.After Hours _ _ _ _ _ _ - P SE - P Establishment — — — 41.Smoking Lounge - - - - - - - - - - - - - P SE - - Editor's Note: Inserted text shown as thus. Deleted text shown as t#us. 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, July 17, 2017 at 6:00 p m. in the Council Chamber of the John G. Christy Municipal Building, 320 East McCarty Street, Jefferson City, Missouri. 1. 1200 AND 1300 BLOCK OF TRADE CENTER PARKWAY—REZONING PROPERTY LOCATED IN THE 1200 AND 1300 BLOCK OF TRADE CENTER PARKWAY FROM M-1 LIGHT INDUSTRIAL TO PUD PLANNED UNIT DEVELOPMENT,.ENDORSING AN ASSOCIATED COMPREHENSIVE PLAN AMENDMENT AND APPROVAL OF A CONCEPT PUD PLAN FOR DEVELOPMENT OF A40 UNIT MULTI-FAMILY RESIDENTIAL COMPLEX CONSISTING OF THREE APARTMENT BUILDINGS AND A COMMUNITY BUILDING:Lots 1-7 of Jefferson City West Commercial Park Section One,per Plat Book 12, page 726, Cole County Recorder's Office. Consisting of 7.5 acres, more or less. 2. REZONING 0.35 ACRES ADDRESSED AS 210 PRODO DRIVE FROM PUD PLANNED UNIT DEVELOPMENT TO C-1 NEIGHBORHOOD COMMERCIAL: PART OF LOT NO.6,EL MERCADO DEVELOPMENT,SECTION 1,IN THE CITY OF JEFFERSON,MISSOURI,PER PLAT OF RECORD IN PLAT BOOK 11, PAGE 402, COLE COUNTY RECORDER'S OFFICE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT NO 6; THENCE NORTH 85 DEGREES 07 MINUTES 05 SECONDS EAST, ALONG THE NORTHERLY LINE OF SAID LOT NO. 6, 250.00 FEET; THENCE SOUTH 03 DEGREES 55 MINUTES 16 SECONDS EAST, 105.00 FEET;,THENCE SOUTH 85 DEGREES 07 MINUTES 05 SECONDS WEST,250.00 FEET TO THE WESTERLY LINE OF SAID LOT NO..6;THENCE NORTH 03 DEGREES 55 MINUTES 16 SECONDS WEST,ALONG THE WESTERLY LINE OF SAID LOT NO. 6, 105.00 FEET TO THE.BEGINNING POINT OF THIS DESCRIPTION. EXCEPT ALL THAT PART OF THE ABOVE DESCRIBED PROPERTY WITHIN THE C-1 ZONING DISTRICT OF THE CITY OF JEFFERSON, MISSOURI. CONTAINING 0.35 ACRES, MORE OR LESS. 3. ZONING CODE TEXT AMENDMENT PERTAINTING TO EVENT CENTERS, NIGHTCLUBS, AFTER HOURS ESTABLISHMENTS AND SMOKING LOUNGES. Amendment to the text of Chapter 35,Zoning, pertaining to the uses of event centers, nightclubs,after hours establishments, and smoking lounges, including the definitions, parking requirements, specific use standards, and allowed districts for such uses. 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. 4. ZONING CODE TEXT AMENDMENT PERTAINING TO ASSISTED LIVING FACILITIES. Amendment to the text of Chapter 35, Zoning, pertaining to the establishment of assisted living facilities as a conditional use of the C-2 General Commercial zoning district. 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. 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, June 30, 2017 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