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HomeMy WebLinkAbout1992-65 - Temporary Moratorium on Building PermitsBILL N0. ~-(~ ._ ORDINANCE N0. `~,~ -G~ AN ORDINANCE ENDING A MORATORIUM ENACTED WITH RESPECT TO BUILDING PERMITS IN THE RIVERSIDE FLOODWAY FRINGE AREA OF THE GENERAL INDUSTRIAL ZONE, BETTER KNOWN AS "BOTTOMS AREA". WHEREAS, the City of Riverside, in Ordinance No. 90-21, enacted a moratorium on building permits in the "Bottoms Area" for a period of one (1) year from the date of passage, May 1, 1990, to enable the City to research and analyze problems associated therewith, and WHEREAS, the City desires to end the moratorium on building permits at this time. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: SECTION 1. After due notice and a public hearing, the Board of Aldermen hereby ends the moratorium on building permits in the Riverside floodway fringe area of the general industrial zone, more commonly known as the "Bottoms Area". PASSED THI S ~ ~ ~l. DAY OF ~~ / "-y~i-rte/ , 199,. ATTEST: ~ a /~~, ~,~~ MAYOR i ii ~ , CITY CLERK r~ APPROVED THIS ;~ ~~ DAY OF ~~~~r~~ , 199,. ~~~ ~~ MAYOR 6508M Section 1. PREAMBLE. The Board of Aldermen of the City of Riverside deems it necessary to establish a comprehensive plan for the development of that area of the City of Riverside commonly known as the "Quindaro Bend Area" for the following purposes: a. To promote health, safety, morals and the general welfare of the community including its aesthetic appearance. b. To avoid congestion in the streets. b c. To secure safety from fires, floods, panic and other dangers. d. To provide adequate light and air. e. To prevent the overcrowding of land. f. To facilitate the adequate provision of transportation, sewer services and other public requirements. g. To protect and conserve the value of land throughout the City and to promote the economic development of the Riverside Quindaro Bend Area for the benefit of the community. Section 2. SHORT TITLE. This ordinance shall be known and may be cited as t e Riverside Quindaro Bend Development Ordinance". Section 3. DEFINITIONS. a. The Riverside Quindaro Bend Area shall be deemed to include the area enclosed by the I-635 Fairfax Bridge corridor on the East, Missouri Highway 9 on the North, and the Missouri River on the West and South sides. Section 4. APPLICATION FOR SPECIAL USE PERMIT. a. In all areas known as the "Riverside Quindaro Bend Area", no development shall be permitted except with a z special use permit, which shall be applied for in the manner set forth in the Zoning Ordinance of the City of Riverside. b. In order to support further development in the Riverside Quindaro Bend Area, certain improvements are necessary, and no special use permit for development within the Riverside Quindaro Bend Area shall be granted unless the improvements described herein are made. In addition to those matters required by the Zoning Ordinance and the Riverside City Code, each application for a special use permit for development within the Riverside Quindaro Bend Area shall provide for the following: s (1) Streets. A. Conformity to Street Plan. The plan for development shall show the elevation, arrangement, character, functional categorization, length, width, grade and location of all streets connecting the proposed development site to Missouri Highway 9. The proposed streets shall conform to the official City map for the street plan for the Riverside Quindaro Bend Area, as adopted by the Board of Aldermen of the City of Riverside. B. Elevation. All highways, streets, and other thoroughfares to be development in the Riverside Quindaro Bend Area shall be elevated to an elevation of feet above sea level. Any deviations from this height must be approved in writing by the City Engineer. C. Accessible to 9 Highway. The tract of Land to e develope s a be accessible from Missouri 9 Highway by means of streets improved in accordance with the official City map for the street plan for the Riverside Quindaro Bend Area and built to the specifications set forth in the City of Riverside's Standard Specifications and Design Criteria, as adopted by the Riverside Board of Aldermen. Streets shall be installed, or an impact fee assessed as follows: 3 I. Building Streets. If, at the time the spplication for a special use permit is submitted, the tract of land proposed to be developed is not accessible to Missouri Highway 9 by means of a street which conforms to the official City map of the street plan for the Riverside Quindaro Bend Area and which is built to the specifications of the standard specifications and design criteria of the City of Riverside, then the developer shall prior to the issuance of any certificate of occupancy or building permit build one-half of the width of the street from Missouri Highway 9 to the location of the proposed development, including that portion of the proposed street abutting the tract to be developed. One-half of the width of the street shall be deemed to be that portion of the street between the centerline and the edge of the right of way nearest applicant's tract of land. The street shall be built in accordance with the official City map for the street plan for the Riverside Quindaro Bend Area and according to the specifications set forth in the City of Riverside's standard specifications and design criteria, as adopted by the Riverside Board of Aldermen. In the event that one half of the width of the street shall have been built, then it shall be the obligation of the developer, at the time the application for a special use permit is submitted, to build the other one half of the width of the street from Missouri 9 Highway to the location of the proposed development including that portion of the proposed street abutting the tract to be developed. II. Impact Fee. In the event a tract of land proposed to be developed is accessible from Missouri Highway 9 by means of a street built in accordance with the requirements of this 4 ordinance, then applicant's application for a special use permit shall be accompanied by payment of an impact fee portionto ofe cost of improving that the street abutting applicant's tract as that cost is showy, on the statement of costs on file with the City Clerk as set forth below. III. Statement of Costs. completion of any streetp~ equ Fred cto the built pursuant to this ordinance, applicant may file with the City Clerk a statement of costs incurred by s applicant to build the street or streets required hereunder. statement shall set forth the costSper linear foot to the applicant of building the street, including expenses incurred for acquiring right of ways necessary to build the street, as well as the actual engineering and construction costs incurred to build the street or streets. v. Dedi_ 'cam n, peon completion of any street built by applicant hereunder, applicant shall dedicate the street to the City of Riverside. (2) Drainage. No application for a special use permit for development in the Riverside Quindaro Bend Area shall be approved unless the plan for development provides a drainage plan in accordance with the following: A. Retention Basins. of retaining all rt the subject tract, runoff of storm properties, shall developed tract. Retention basins capable ~noff of storm water from thereby preventing the water onto adjoining be required on each B• Designated Drainage Canals and Natural Drainage Ways. New development and substantial improvements shall not interfere with the location and effective use of any drainage canal or pathway designated by any 5 other governmental entity, including any levee district having jurisdiction of the tract in question, or with any natural drainage canals or waterways. (3) Sewers. A. Connection to Public Sewage Disposal System. No special use permit for the development or substantial improvement of any tract of land within the Riverside Quindaro Bend Area shall be granted unless the subject tract of land is connected to a public sewage disposal system. It shall be cthe responsibility of the applicant to connect the property to an existing sewage disposal system. The sewer lines connecting the tract to the existing sewage disposal system shall be built in accordance with the specifications set forth in the City of Riverside's standard specifications and design criteria, as adopted by the Riverside Board of Aldermen. B. Impact Fee. In the event a tract of land proposed to be developed is connected to a public sewage disposal system, then applicant's application for a special use permit shall be accompanied by payment of an impact fee equal to the cost of installing that portion of the sewer line crossing applicant's tract as that cost is shown on the statement of costs on file with the City Clerk as set forth below. C. Statement of Costs. Upon applicant's comp etion o t e installation of any sewer line required to be built pursuant to this ordinance, applicant may file with the City Clerk a statement of costs incurred by applicant to install the sewer line required hereunder. Such statement shall set forth the cost per linear foot to the applicant of installing the sewer, including expenses incurred for acquiring right-of-ways or easements necessary to install the sewer line, as well as the actual engineering and construction costs incurred to build the sewer line. 6 D. Dedication to City. Upon completion of any sewer line installed by applicant hereunder, applicant shall dedicate the sewer line to the City of Riverside. Section 5. MISCELLANEOUS. a. Nothing contained herein shall be construed to limit the right of the City to assess the land for any other lawful purpose, including assessments affecting the improvements required hereunder. b. Any permanent structure built pursuant to a special use permit granted hereunder shall be built in accordance with the elevation requirements set forth in Chapter 15 of the Zoning Ordinance and shall take into account and make provision for the effect of the building elevation on drainage of storm waters and the aesthetics of the area. Section 6. REIMBURSEMENT OF IMPROVEMENT EXPENSES. Any applicant who files a statement of expense for street improvements or the installation of sewer lines as provided herein may make application to the City for reimbursement of expenses incurred by applicant for such improvements. Provided however, applicant shall not be entitled to reimbursement for expenses incurred for building those improvements abutting or adjoining applicant's property. The funds for reimbursement shall be limited to those funds available to the City as a result of the City's collection of impact fees from other applicants as provided hereunder. The City shall have no obligation to reimburse applicant from any other funds of any nature whatsoever. Section 7. WARNING AND DISCLAIMER OF LIABILITY. This ordinance shall not create liability on the part of the City of Riverside, Missouri, or any officer or employee thereof for any flood damages that may result from reliance on this ordinance or any administrative decision lawfully made hereunder.