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HomeMy WebLinkAbout2010-08-12 Planning & Zoning Commission MinutesMINUTES REGULAR MEETING PLANNING AND ZONING COMMISSION RIVERSIDE, MISSOURI Thursday, August 12, 2010 7:00 p.m. The Planning and Zoning Commission for the City of Riverside, Missouri, met in regular session in the Court Room at City Hall, 2950 NW Vivion Road, Riverside, Missouri. Chair Barbara Snyder called the meeting to order at 7:01 p.m. Answering roll call were Al Bowman, Evelyn Poe, Harold Snoderley, Ray Uhl, Art Homer, Cheryl Melton, Tyson Spire -Sweet and Barbara Snyder. Members absent: Stephen King, Steve Kaspar, Mayor Kathy Rose and Alderman Brad Cope. Also present: Sarah Wagner, Community Development and Jackie Carlson with SKW Approval of Minutes of Commissioner Bowman moved to approve the minutes of June 24, June 24, 2010 2010. Commissioner Melton seconded and the motion was approved unanimously. Land Disturbance- 4800 Sarah Wagner gave a staff report to the Commission for a request for a Block of NW High Drive Land Disturbance Permit to fill land on the North side of 4707 NW High Drive, the East side of 4811 NW High Drive, 4803 NW High Drive, and 4801 NW High Drive, and the southeast portion of 4851 NW High Drive. The purpose of this fill is to make the terrain of the above listed properties more manageable for maintenance and upkeep. Currently the land has a steep slope making mowing and other maintenance difficult. The applicant has obtained written permission from all of the adjacent property owners. After consultation with the Missouri Department of Natural Resources, the State will not require a permit for this activity. Erosion and sediment control will be handled by the applicant. The area will be seeded following the completion of the work. The applicant anticipates the work will take approximately 120 days. The plans have been reviewed by the City Engineer to ensure that the work will not impact surrounding properties from a stormwater standpoint. The land disturbance plans are in conformance with the Unified Development Ordinance and the Comprehensive Master Plan; therefore, staff recommends approval of the land disturbance permit with the following conditions: 1. The applicant installs and maintains proper sediment and erosion control measures for the perimeter of all work. 2. The applicant submits written approval to the City from Kansas City Missouri Water Services prior to placing any fill over existing sanitary sewer lines. 3. The applicant provides a bond in the amount of $20,000 for the repair of NW High Drive. 4. The applicant repair any damaged City infrastructure caused by the hauling of fill materials. 5. The applicant seed all filled areas within two weeks of completion of filling activities for that area. 6. The applicant shall not store construction equipment or materials unrelated to the fill activities on any of the properties. Commissioner Melton asked approximately how much fill the applicant was planning to do. Rick Turner. 4707 NW High Drive, addressed the Commission. He stated that he is trying to clear out a gully to better maintain it and had done all the work he can do without a permit. Commissioner Melton commented that it is a very pretty area with lots of wild life and would not like to drive by barren ground every day. She liked how the area looked before the fill began. Chair Snyder asked if all the property owners were taking part in this. Turner replied that all property owners have signed off and agreed to the fill activity except for Williams. Commissioner Uhl aske why the applicant wanted to fill this area. Turner replied that the steep grade makes it difficult to maintain. Commissioner Snoderley asked what the applicant was using for fill material. Turner replied that he was using concrete and rock. Commissioner Poe asked if the applicant intended to build on the fill area. Turner replied that he did not plan on building on this area. Commissioner Poe commented that she thought it would be expensive to fill this area. Turner replied that Houston Excavating is dumping the material for free. Commissioner Poe asked about changes in stormwater. Turner replied that the fill would slow down the runoff. `A Jackie Carlson with SKW said that and work done on the properties cannot cause more water to flow on adjacent properties. Commissioner Melton asked where the fill would stop from the road. Turner replied that he was not sure. Commissioner Melton commented that this request does not seem to be consistent with the Master Plan. Commissioner Poe commented that she has a hard time believing that this project will not have an effect on the stormwater. Commissioner Uhl asked if there was a way to fill without removing the trees. Turner replied that he doesn't want to take out any more trees then he has too. Commissioner Uhl moved to table the Land Disturbance Permit to get further information on definitive measurements, fill amounts, approve from Kansas City Missouri Water Service, and the Williams property. Commissioner Melton seconded and the motion passed 8 -0. Use Permit for Outdoor Carlson gave a staff report to the Commission for outdoor sales. She Sales explained that the applicant, Bill Muldoon, has requested a business licenses pursuant to Chapter 605.010 of the Riverside Municipal Code. This request is for a retail sales business license to sell bed linen outdoors at 2806 NW Vivion Road on specific weekends. This is not a listed use as defined by the Use Table in Section 400.410 and therefore requires approval from the Planning and Zoning Commission and the Board of Aldermen. In addition, outdoor sales are prohibited if not associated with the principal retail function unless approved by the Planning Commission and Board of Aldermen. Staff has considered the impact of this request based on the larger context of community impact. There are instances of limited outdoor sales or outdoor display associated with businesses located in Riverside. In these cases, the sales are consistent with Section 400.580: A.1 which states that "only materials that are for sales and consistent with the overall principal retail function of the business shall be permitted." While this seems clear, it is common that cities with similar regulations face increasing occurrences of loosely regulated sales activities on parking lots throughout the metro area. If this business is permitted it will only be a matter of time before the City is confronted with vendors selling velvet Elvis's and discount stereo equipment on every parking lot available. By making a clear distinction that the City will not permit transient sales of retail goods, staff will be in a stronger position to enforce the UDO when similar circumstances arise. Staff does not recommend approval of outdoor display and sales as requested by the applicant. If approved, staff requests the Commission consider the imposition of conditions in which limit the operation in terms of size, days of operations, signage, parking, etc. Bill Muldoon addressed the Commission and showed them pictures of his operation. She stated that he would like to be open on Fridays, Saturdays and Sundays from 10 AM to 7 PM. Commissioner Uhl commented that what the applicant has is fine, but other vendors that come to the City may not look as nice. Commissioner Home commented that it is inconsistent with the Master Plan. Commissioner Bowman moved to recommend denial to the use permit for outdoor sales to the Board of Alderman. Commissioner Uhl seconded and the motion passed 8 -0. Adjournment Commissioner Poe moved to adjourn. 8:05 PM Commissioner Melton seconded. The motion passed and the meeting was adjourned. Community