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HomeMy WebLinkAbout2010-03-11 Planning & Zoning Commission MinutesMINUTES REGULAR MEETING PLANNING AND ZONING COMMISSION RIVERSIDE, MISSOURI Thursday, March 11, 2010 7:00 p.m. The Planning and Zoning Commission for the City of Riverside, Missouri, met in regular session in the Board of Aldermen Chambers at City Hall, 2950 NW V ivion Road, Riverside, Missouri. Chair Barbara Snyder called the meeting to order at 7:00 p.m. Answering roll call were Al Bowman, Evelyn Poe, Harold Snoderley, Ray Uhl, Steve Kaspar, Art Homer, Stephen King, Barbara Snyder, Cheryl Melton, Tyson Spire -Sweet and Mayor Kathy Rose. Members absent: Art Homer and Alderman Brad Cope. Also present: Mike Duffy, Director of Community Development, Gordon Fowlston, Fire Chief and Sarah Wagner, Community Development Approval of Minutes of Commissioner Bowman moved to approve the minutes of February 24, February 25, 2010 2010 as corrected. Commissioner Uhl seconded and the motion was approved unanimously. Public Hearing Chair Snyder opened the public hearing at 7:02 Special Use Permit- Mike Duffy, Director of Community Development gave a staff report to Magellan Pipeline the Commission explaining that the applicant, Magellan Pipeline, has Company -1599 Riverpark applied for a Special Use Permit pursuant to Chapter 400.410 of the Drive Riverside Municipal Code. This request is for the storage of refined petroleum products at an existing fuel storage facility. The facility operated as such from its construction in 1950 until December of 2004 when it went idle. The current owner, ConocoPhillips, has reached an agreement with Magellan Pipeline to purchase the property and restore it to its original function. Fuel Storage and transportation have previously occurred at this location without a Special Use Permit, however, when the UDO was adopted in 2006 it required all fuel storage facilities to obtain a Special Use Permit to operate. The terminal property is located at 1599 NW Riverpark Drive which sits on the very west edge of the city limits, with a portion of this property in the City of Parkville. This property is approximately 36 acres. This facility has six large storage tanks and four small storage tanks. The facility has a maximum storage capacity of 540,000 barrels of fuel. The applicant has indicated that they will be initially storing diesel fuel in the tanks. The fuel will be transported directly to and from the facility via an existing pipeline from Magellan's 18 Street Junction, so there will be no increased truck traffic. The facility does have a 4 -bay truck rack that will remain in case the applicant see a need in the future to have fuel shipped in and out by truck. In general, staff supports the approval of Special Use Permits as a way to promote business and manage the intensity of certain uses. Because of the specific use of this property staff feels that it is unlikely that the property will be suited for other uses, and therefore recommends approval of the Special Use Permit with the following conditions: 1. The Special Use Permit shall remain valid as long as the property belongs to the applicant and it complies with all applicable City (Building and Fire) Codes as adopted by the City of Riverside as well as all State and National Codes. Internal ownership transfers within the applicant's holdings or transfers to any entity in which the applicant is an affiliate, owner, partner or joint venture participant will not impact the Special Use Permit. If such transfer takes place, applicant shall provide documentation of new ownership status to the City of Riverside. 2. If the applicant chooses to begin using the truck racks and moving fuel to and from the facility by truck the Special Use Permit will have to be amended and a traffic study will need to be conducted. 3. The City shall be granted a trail easement (up to 20 feet where available) from the south property line for the extension of the Missouri Riverfront Trail. Any movement of the tank dikes and/or fencing will be at the approval of the applicant and at the expense of the City. The City shall maintain the entire easement granted. 4. The applicant agrees that they will work with the City of Riverside Fire Department and the South Platte Fire Protection District to coordinate the regulation of the property under one consistent building and fire code. 5. The facility must pass an initial fire safety inspection and will be subject to annual inspections. 6. The applicant shall install a Knox box and lock system to allow emergency access to the property as required by the Riverside Fire Department. 7. The applicant shall provide a minimum of annual safety training for Riverside Police Department, the Riverside Fire Department and the South Platte Fire Protection District in safety measures that are applicable to this facility. 8. The applicant shall provide information and a contact number for 24 hour Hazardous Materials Emergency Response Company under contract for immediate response for any environmental emergency. 9. The applicant shall add screening to the north side of the property along Highway 9 where conditions are appropriate. Location of existing underground pipelines and fencing will limit landscaping for a majority of the frontage. 10. The applicant shall provide the City with copies of all prior environmental studies and clearances for the site and shall include the most recent Phase 11 environmental study. 11. The applicant shall submit an operations plan for the facility. 2 12. The applicant shall submit a post - closure plan for the facility. 13. The applicant shall submit a description of all environmental reporting requirements and furnish a copy of all inspection reports to the City of Riverside. 14. The applicant shall agree to give the City of Riverside the right of first refusal to purchase the property if the applicant determines that it will dispose of the facility. Internal ownership transfers within the applicant or transfers to any entity in which the applicant is an affiliate, owner, partner or joint venture participant do not constitute disposal of the facility. 15. The applicant shall provide documentation that the facility is in compliance with all State and Federal regulations. 16. The applicant shall provide documentation that there is only one underground pipeline servicing the facility with plans showing its location. Should it be determined that other pipelines are or were present, the applicant shall remove them and/or provide documentation that they have been properly removed from service. 17. The applicant shall, at all times, make the City of Riverside aware of the types of fuel being stored in each tank at the facility. 18. The applicant shall provide the City of Riverside with documentation of all fire suppression systems at the facility when purchased by the applicant and whether or not they are still present. 19. The applicant shall, to the extent of its rights, provide written right -of- access for public access on the entrance road from 9 Highway to the Missouri Riverfront Trail trailhead located just east of the facility. 20. The applicant shall support the efforts of the City of Riverside to create a Quiet Zone along the BNSF railroad by permitting physical improvements to the access road. 21. The applicant shall file a Tier II report with Missouri State Emergency Management Association (SEMA) as required by SEMA initially and thereafter. Gordon Fowlston, Fire Chief, outlines the safety requirements and other safety issues. Commissioner Poe asked how an incident would affect the surrounding area. Fowlston said that some of the area may have to be evacuated, but there will be a plan in place. Commissioner Poe asked if these tanks were the same size as the tanks that caught fire across the river. David Biggs with Magellan Pipeline replied that these tanks hold about 100 barrels and the ones across the river hold about 120 barrels. Commissioner Poe asked if all the tanks are kept full Biggs replied that there is only one 8 inch pipe that runs into the facility so it is very unlikely that the tanks will be full all of the time. As a rule of thumb, the tanks will only be kept half full. Commissioner King asked if there were any concerns with the age of the tanks. Fowlston replied that the tanks are inspected on a regular basis. Commissioner King asked if there was any benefit for the City to grant this special use permit. Duffy replied that there is no real benefit to the City. About $75,000 a year is collected on taxes and about $50,000 goes to the schools. The rest goes to other taxing jurisdictions such as Parkville and South Platte Fire. The applicant has agreed to grant a trail easement to the City. While there are no real benefits there are also no real detrimental issues with granting the special use permit. Commissioner Spire-Sweet asked if some language could be added to the conditions to add some landscaping to the property. Duffy replied that condition 9 that refers to the screening was meant to require landscaping. Commissioner Melton asked about the evacuation plan. Fowlston replied that the evacuation would be dependent on the weather. Commissioner Melton asked who would be responsible for the cost of any clean up if there is a spill. Fowlston replied that under Missouri Law the City is allowed to charge the properly owner for any costs incurred from an incident. Mayor Rose commented that she has met with the current owner, ConocoPhillips and the applicant several times. They have been very agreeable with working with the City on this project. Chair Snyder asked if the Environmental Study from 2006 needed to be updated. Duffy replied that there have been no changes to the facility since the study was last conducted. The site will continue to be monitored and as long as the City keeps getting favorable reports it shouldn't need to be updated. Chair Snyder asked when the applicant anticipated opening the facility 4 Biggs replied that it would be about 6 months. Public Hearing Closed Chair Snyder closed the public hearing at 7:30 Commissioner Kaspar moved to recommend approval of the Special Use Permit for the storage of petroleum product fuel with the above listed conditions to the Board of Aldermen. Commissioner Bowman seconded and the motion passed 9 -l. Adjournment Commissioner Bowman moved to adjourn. 7:32 p.m. Commissioner Poe seconded. The motion passed and the meeting was adjourned. Sarah Wagner Community Development