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HomeMy Public PortalAboutORD14982 BILL NO. 2012-31 SPONSORED BY COUNCILMAN Mihalevich L ORDINANCE NO. /✓' f /I,)— AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTIONS PERTAINING TO STANDARDS AND OFF-STREET PARKING IN CHAPTER 35, THE ZONING CODE, INCLUDING STANDARDS FOR FENCES, DRIVE-THROUGH LANES, OUTDOOR LIGHTING, AND GARAGES; AND MODIFICATIONS TO OFF-STREET PARKING REGULATIONS. 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. Section 35-59.17 (Standards for Fences and Walls Used Outside of Required Bufferyards) is amended as follows: F. Standards for Fences and Walls Used Outside of Required Bufferyards. 1. 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. Design Standards. Fences shall be constructed in a workmanship-like manner. (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. No fence shall be made of.in whole or in part,cloth canvas or sheet metal. The finished side of the fence shall face outward. Posts and support beams must face in toward the subiect property or shalt be designed as an integral part of the finished surface. Drafters Note: Deleted text shown as thus. Inserted text shown as thus 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-wav line or where houses front said right-of-way,at a setback equal to or greater than houses on adiacent lots,whichever is greater. d e. Barbed wire, chicken wire and hog wire is pFehi'�"d°ept in ssee-iation permitted only when associated with a legal nonconforming or permitted agricultural activity. e d. 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. No concertina wire shall be permitted in these districts. 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. Section 2. Section 35-40.6.3.b relating to detached residential garages is amended as follows: Sec.35-40.B.3.b Private detached residential garage or carport for non-commercial passenger automobiles. (1) The maximum size of a single-family or two-family residential garage or carport shall be as shown in Exhibit 35-40A not ° °a �00squafe F et-e' afl ad4kianal-floor afe of 200 square feet Faa), be-pro :ded-;oF-ea r 3 nn e-£et of—lati area ofG nnn s ee 6Ft size of � S \ 4-;000-squaFe-€ee� (2) Exhibit 35-40A Lot size Maximum garage size Up to 5.999 sf 600 sf 6,000-8.999 sf 800 sf 9,000- 19,999 sf 1,000S 20,000-39,999 sf 1,250s 40,000 sf or more 1,500s Drafters Note: Deleted text shown as thus. Inserted text shown as thus Section 3. Section 35-57 (Outdoor Lighting Standards) is amended as follows: Section 35-57.G. Outdoor Lighting Standards for Specified Uses. 3. Vehicle Disolav Lots. Outdoor display lighting used in conjunction with a vehicle sales or leasing use shall adhere to the following standards: a. Luminaires shall have a total cutoff angle of 90 degrees or less b. Luminaires shall have a maximum height of 40 feet. C. Maximum foot candles for illumination of the display lot area shall be 10 footcandles however, maximum foot candles for areas within 50 feet of a residentially zoned district shall be four(4)foot candles. d. Luminaries shall be shielded to prevent glare and light from illuminating areas not within the site. 4. Vehicle Canopv Lighting. Canopy lighting for uses sueb as gasoline stations, convenience stores with gasoline sales,and drive through banks shall adhere to the following standards: a. Luminaires shall have a total cutoff angle of 90 degrees or less b. Maximum foot candles for illumination of the area under the canopy shall be 10 footcandles. For canopies located within 50 feet of a residentially zoned district, maximum foot candles for illumination of the area under the canopy shall be four (4)footcandles. C. Luminaires shall be shielded to prevent glare and light from illuminating areas not within the site. Section 35.57.I Lighting Curfews 1. On all nonresidential properties which contain four (4) or more parking lots or display In light poles, maximum outdoor lighting levels shall be reduced by at least 50% of the permitted level after the close of business, or after 11:00 p.m., whichever is later, by dimming parking lot lighting levels or by turning off 50% of the parking lot lights. Section 4. Exhibit 35-58A (Off-Street Parking Requirements) is amended as follows: Exhibit 35-58A OFF-STREET PARKING REQUIREMENTS F. Drive-In, Drive-Thru5. Restaurant, Fast-Food with Drive-6 queu»e per—window Uses Thru Facilities pagdagspae per-4 seats 1 per 100 sf gross floor area including outdoor seating area G. Retail Sales and 2. Restaurants,no drive throng h 4-per each 3 ,.eats fee patfa use p! Services 1 ver 100 sf 2ross floor area including outdoor seating area 8. Bar or Tavern 1 per 100 sf gross floor area including outdoor sealigg area 9. Bank I per 300 sf K. Lodging 1. Hotel or Motel 1 per room plus 75% of the required parking for attached uses Drafters Note: Deleted text shown as thus. Inserted text shown as thus Section 5. Section 35-41.13.8 (Drive-Through/Drive-In Uses) is amended as follows: g.(5) Minimum drive-through lane radius: 4-5-fee', .fie.ium 20 feet, measured at the inside curb. Section 6. This ordinance shall be in full force and effect from and after its passage and approval. Passed: //�/iA Approved: 1� V Presiding Officer Mayor / al AI � � ��ATTEST. APPRO VED AS TO FORM: T -�. 'CI'ty erI k GCity Counselor Drafters Note: Deleted text shown as thus. Inserted text shown as thus PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION May 10,2012 Case No.P12006—Zoning Text Amendments. Amendments to the text of Chapter 35,Zoning,including the following: Fences List of common issues: Current fence regulations do not specify design standards or the type of materials that are permitted, which occasionally results in unsightly fences being constructed. Commercial businesses occasionally request fences in their front yards, which are currently not permitted. Residential lots with back yards fronting streets occasionally request fences, and are held to the front yard standards due to the street frontage (i.e.,they can only have a 4 ft tall fence in their back yard). Examples from other cities: Columbia—could not find any maximum height or material restrictions. Slue Springs—Max height of 8 feet. any fence that is over four(4) feet in height shall be set back from the front yard right-of-way line at least eight(8)feet Fences may not contain more than two types of material nor cloth, canvas, or other like material. Springfield—7 It tall fence allowed anywhere except front yard. 4 ft tall allowed in front yard. (could not find any restrictions on fencing material). O'Fal Ion—Max height 6 and %feet. Fencing not permitted in front setback area except 10 feet over side yard building line on a corner lot. The finished side of the fence must face outward. All visible supports and other structural components shall face in toward the subject property. All fencing materials must be contiguous;any fencing that is installed on a piece of property must be of the same material and design. A property owner shall be allowed to erect a fence of differing material or design with approval of the Administrative Officer. Lees Summit—Residential Height max 6 feet, 3.5 feet in front yard. Commercial max height(outside front yard) 8 feet(or as approved). Only wood, vinyl, steel, masonry or wrought iron materials may be used for residential fence construction. Fences must be constructed with a finished side facing outward from the property. The posts and support beams must be on the inside or shall be designed as an integral part of the finished surface. Double frontage lots whose rear yard abuts a collector or local street may construct a fence or wall up to six(6)feet in height on the rear property line. Recommendation: Establish design standards as follows: 1. Fences shall be constructed in a workmanship like manner 2. No more than two different types of fencing material are permitted. 3. No fence shall be made of cloth,canvas, sheet metal, or other like material. 4. The finished side of the fence shall face outward. Posts must be located on the inside of the fence. In commercial districts, allow fences 4 ft tall in the front yard and allow fences 10 feet tall behind the front setback line. For residential double frontage lots,allow fences up to 6 feet tall subject to a 10 feet setback from the right of way line or even with the established build line along the street. Planning and Zoning Commission Page 2 Case No. P12006 May 10, 2012 Detached Garages Issue: City Staff routinely receive requests for garages that exceed the maximum size allowance. While many of these requests are for small lots where the maximum size is appropriate, some requests are for lots that have sufficient size to accommodate a garage larger than the 1,000 sf limit. Several variances have been granted for garages that exceed the maximum permitted size. List of Variances granted for garage size: B06008— 1205 Moreau Drive— 170 sf variance to allow for 1,170 sf garage—Approved (0.6 acres) B11012— 1915 Seven Hills Road— 1,226 sf variance to allow for 2,226 sf garage—Approved (7 acres) BI 1016—948 S. County Club—245 sf variance to allow for 1,245 sf garage—Approved (0.71 acres) Examples from other cities: Columbia—Permitted a garage with space for one vehicle per 2,000 sf of lot area. Springfield—Maximum size shall not exceed 25%of the permitted maximum building coverage and may not exceed 2/3's of the building coverage of the principal structure. Blue Springs—a detached garage or carport shall not cover more than five percent(5%)of the total lot area; Lees Summit—Garage shall not exceed 250 sf for each 5,000 sf of lot area with a max of 1,000 sf. Lots over 4 acres in size allowed a maximum size of 2,000 sf. O'Fallon—Max size of 300 sf. Larger sizes require a conditional use permit unless lot size is over 30,000 sf. Current Maximum Garage Sizes: For single family and two family uses,the current zoning code allows for the following: Lot size of 6,000 sf—maximum of 600 sf garage Lot size of 9,000 sf—maximum of 800 sf garage Lot size of 12,000 sf or more—maximum of 1,000 sf garage Recommendation: Lot size of 20,000 sf or more—maximum of 1,250 sf garage Lot size of 40,000 sf or more—maximum of 1,500 sf garage Planning and Zoning Commission Page 3 Case No. P12006 May 10, 2012 Outdoor Lighting Issue: The current outdoor lighting standards are primarily designed for parking lot lighting. Commercial businesses have requested higher levels of lighting for uses such as vehicle sales lots and underneath vehicle canopies at banks and gasoline stations. Also, staff have received negative comments from City residents about commercial sites being illuminated at all hours of the night. Variances: B 11006—2033 Christy Drive—Riley Chevrolet—requested 9.45 fc for vehicle display—Approved. Examples from other cities: O'Pallon—establishes a maximum level of light at the property line and minimum parking lot lighting. No references to canopy or vehicle sales lots. No reference to reducing light intensity during off hours. Springfield—establishes maximum level of light at the property line and maximum intensity for parking lots. States lighting shall be significantly reduced during off hours. No reference to canopy or vehicle sales lots. Blue Springs—Outdoor lighting regulations very similar to Jefferson City. Lee's Summit—Regulates based on wattage of lights. Height of poles regulated based on relation to residential districts. Non-residential Parking lots with 4 or more poles must reduce light by 50% during off hours. Canopy lighting permitted as minimum of 10 fe and maximum of 30 fc. Columbia—Regulates based on maximum fc level at property line. Canopy lighting allowed 10 fc in areas with light surroundings. Referenced lighting control requirement during off hours,buthas no specific requirement. Recommendation: Canopy lighting and vehicle display lots should be permitted an average of 10 footcandles. Canopy lights should be full cutoff(flush with the ceiling of the canopy). Large parking lots (containing 4 or more light poles) should be required to dim the lighting by 50%. Planning and Zoning Commission Page 5 Case No. P12006 May 10, 2012 Parkin Examples of Parking Requirements with recommendations. Restaurant Columbia, MO 1 per 100 sf Blue Springs, MO 1 per 150 sf for first 2,500 sf plus 1 per 100 sf thereafter CiTallon, MO 20 spaces plus I per 100 sf indoor and outdoor space Lee's Summit, MO 14 per 1,000 sf Springfield, MO 1 per 80 sf or 1 per 2.5 seats (whichever is greater) Recommended 1 per 100 sf (currently 1 space per 3 seats) Fast Food or Drive through restaurant Columbia, MO 1 per 100 sf Blue Springs, MO 1 per 75 sf O'Fallon, MO 20 spaces plus 1 per 100 sf indoor and outdoor space Lee's Summit,MO 14 per 1,000 sf Springfield, MO 1 per 70 sf Recommended 1 per 100 sf (currently 1 space per 4 seats) Bar or Tavern Columbia, MO 1 per 100 sf Blue Springs, MO 1 per 75 sf O'Fallon, MO I per 75 sf plus 1 per 2 seats Lee's Summit, MO 1 per 4 seats plus one per employee Springfield, MO I per 75 sf or spaces equal to 35%of capacity Recommended 1 per 100 sf (currently 1 space per 3 seats) Hotel Columbia, MO 1 space per room plus I per 20 rooms for staff plus 75%req parking for other uses Blue Springs, MO 1 per room plus 1 per 10 rooms plus other uses O'Fallon, MO 1 per room plus 1 per 2 employees Lee's Summit, MO 1 per room Springfield, MO 1 per room plus other uses Recommended 1 per room plus 75% of the required parking for other uses (currently not listed) Bank Columbia, MO 1 per 250 sf— 1 per 300 sf for drive through banks Blue Springs, MO 1 per 200 sf O'Fallon, MO 1 per 300 sf plus one per 2 employees plus 1 per 50 sf drive-in floor space Lee's Summit, MO 1 per 250 sf Springfield, MO 1 per 300 sf Recommended 1 per 300 sf (currently not listed) Planning and Zoning Commission Page 6 Case No. P12006 May 10, 2012 Drive Through Lanes Background: Standards for drive through lanes were established with the adoption of the new zoning code in 2002. Prior to 2002,there were no established standards for drive through lanes and marry of the existing drive through lanes are non-conforming. The 2002 zoning code revision established minimum stacking distances, lane widths, setbacks,and several other standards. One of the more difficult standards for developers to meet has been the minimum drive-through lane radius requirement, which is 45 feet. Staff Analysis: A 45 foot minimum drive through lane radius is a rather high standard,and fairly major modifications to site plans for drive through restaurants have been made in order to meet the standard. Many fast food franchises have their own standards for drive through lanes. For example, the minimum drive through lane radius for McDonalds is 20 feet. Staff has conducted a survey of existing drive through lanes in the City, which is attached to this staff report. This survey shows that most of the existing(inside) drive through lane radius' hover between 15 and 20 feet. Recommendation: Staff is recommending a reduction in the minimum radius requirement from 45 feet to 20 feet. Amendment to Zoning Code Text: Section 35-41.B.8 Drive-Through/Drive-In Uses. g.(5) Minimum drive-through lane radius: n` `x.20 feet measured at the inside curb.