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HomeMy WebLinkAbout2008-08-28 Planning & Zoning Commission MinutesMINUTES REGULAR MEETING PLANNING AND ZONING COMMISSION RIVERSIDE, MISSOURI Thursday, August 28, 2008 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 Vivion Road, Riverside, Missouri. Chair Barbara Snyder called the meeting to order at 7:00 p.m. Answering roll call were Harold Snoderley, Ray Uhl, Al Bowman, Art Homer, Cheryl Melton, Stephen King, Mark Salyer and Evelyn Poe. Members absent: Aaron Locke, Stephen King and Mayor Kathy Rose. Also present: Mike Duffy, Director of Community Development, Jackie Carlson from Shafer, Kline and Warren, Inc. and Sarah Wagner, Administrative Approval of Minutes from Commissioner Al Bowman moved to approve the minutes of July 24, July 24, 2008 2008. Commissioner Art Homer seconded and the motion passed. Commissioners Mark Salyer and Barbara Snyder abstained from voting. Minor Subdivision/Final Jackie Carlson with Shafer, Kline and Warren, Inc. gave a staff report Plat 5021 and 5023 High for a minor subdivision /final plat for 5021 and 5023 High Drive Drive Terrace Terrace. She explained that the property is currently a legal non- conforming situation as there are 2 principal uses (primary residences) located on the same single - family residential lot. The applicant is looking to split the lot in order to sell the two houses / properties individually. In order for the lot split to be approved a variance to the minimum lot width standard of 80 feet was needed, which the Board of Zoning Adjustment granted. Besides altering the lot lines, the applicant is not proposing any changes to the site or buildings at this time. The proposed minor subdivision meets all requirements of the UDO and will eliminate a non - conforming situation. Staff finds the application in conformance with the Comprehensive Master Plan and UDO and therefore, recommends approval of the Final Plat. Commissioner Evelyn Poe asked if this was the only lot in Riverside that was like this. Mike Duffy, Director of Community Development replied that about four years ago a lot on Hillside was split into three separate lots with houses built on two of them. Any large lot can be split as long as the lots resulting from the split meet setback requirements. Commissioner Poe said that she was concerned with the lot frontage with this lost split. Carlson explained that there are several lots in the area that have frontages less than the required 80 feet stated in the UDO. Chair Barbara Snyder asked what guidelines there would be if they decided to rebuild. Duffy explained that any structure damaged beyond 50% has to be rebuilt to the standard of the new code. If they decide to rebuild or add on they would still have to meet setback requirements. Commissioner Art Homer asked if each house had its own utility connections. Carlson replied that the utilities are separate for each house. Duffy commented that there is a desire to have large lots with large houses, but there also needs to be different retail opportunities to meet the needs of different people. The population in Riverside is low density. There is a need to increase the density with quality housing. Not all houses in Riverside fit the traditional housing style. This house still fits in the area because most of the houses were built before the new regulations were adopted. Chair Barbara Snyder commented that the City has spent a lot to improve this area and the residents have really worked to make it nice. It would be a disservice to the residences in this area to make it a primary residence Commissioner Art Homes asked if there was any benefit to the City if this was made a primary residence. Duffy replied that the benefit was to the owner of the property. The City would benefit through its codes enforcement because the City sees better compliance from owner occupied housing than renter occupied units. Commissioner Cheryl Melton commented that it is possible that the property would still be purchased to be used as a rental property. Duffy replied that it was a possibility because there are several rental properties in that area. Commissioner Mark Salyer moved to recommend denial of the minor subdivision/final plat for 5021 and 5023 High Drive Terrace. Commissioner Harold Snoderley seconded and the motion passed. Chair Barbara Snyder opened the public hearing for a Special Use Permit for 4141 Riverside at 7:31 pm. Special Use Permit -4141 Carlson gave a staff report for the Special Use Permit for 4141 Riverside Riverside explaining that the applicant, Ascot LLC, is requesting a special use permit (SUP) to allow outdoor storage on the approximately 1 acre property at 4141 NW Riverside Street. The outdoor storage will consist of tractor and lawn care equipment. Per staff's recommendation, the applicant is requesting the SUP be associated with all three businesses on site: Grosko Family Lawn Care, Whitley Wood and Tree, and Game Time Athletics. All three businesses recently moved to the site and began operations without obtaining the appropriate approvals from the City. It was through code violations that the businesses submitted the necessary documents to proceed with obtaining business licenses, changes of use permits and a special use permit. Grosko Family Lawn Care was approved for a change of use permit on May 22, 2008 and was then issued a business license. The application for the change of use permit stated there would be no outdoor storage at that time. The other two businesses, Whitley Wood and Tree and Game Time Athletics have been operating on the site without businesses licenses as City Ordinance prohibits the issuance of a business license without an approved change of use permit. Both businesses have applied for a change of use permit, but the applications were tabled at the June 12, 2008 Planning and Zoning Commission meeting, in order to provide staff time to investigate code violations on the property. Staff has discussed the code violations with the property owner and steps have been taken to bring the site into compliance. Currently, some minor code violations still exist, but the property owner has been working with code enforcement staff to resolve these issues. Staff recommends denial of the Special Use Permit to allow outdoor storage based on the following: • The site is not adequately screened to shield the view from both Riverside Street and Riverway Boulevard. • Several code violations have already been processed and there are concerns the outdoor storage would not be neatly maintained as is required per the UDO. • The proposal does not comply with parking surface requirements. • The proposal does not comply with a goal of the Comprehensive Master Plan to improve the appearance of the City. This is due to the site location and having two frontages. Nick McFee with Ascott LLC addressed the Commission. He explained that he has been working with the tenants to improve the site. They have repainted, put up new garage doors, paved the front parking, planted trees for screening, put screening on the front fence and done numerous improvements on the inside. All the tenants are small business owners and are proud to be part of Riverside and would like to have this public hearing continued to the September 25, 2008 meeting so that the owner and tenants can have more time to meet the requirements. Commissioner Ray Uhl commented that the area is highly viable when you first come into town. McFee replied that some of the more unsightly equipment could be moved closer to the building to better screen it. Commissioner Mark Salyer commented that the businesses did not follow established procedures and are not in conformance with the Master Plan. This is just not a good location for this type of business. Commissioner Mark Salyer moved to deny the Special Use Permit Commissioner Al Bowman seconded. Blake Siler with Game Time Athletics addressed the Commission and said that he chose to move his business to Riverside because he is a Riverside resident. He said that if the Commission denies the special use permit today without giving the owner and tenants a chance to correct what is wrong with the property that it would be an injustice. Commissioner Evelyn Poe commented that she does not think that the location is unsightly. Things are becoming so specialized that the owner cannot rent the property. Duffy explained that all the businesses at this location began operating without a business license and change of use permit which is a common problem in the City. This was brought to our attention because there was a lot of outdoor storage. The City allows contractors to store equipment that leaves the site on a daily basis without a special use permit, however theses businesses have a lot of specialized equipment that is not used every day. Staff decided to go with one special use permit for the entire location because there are multiple tenants that all have equipment stored on the premises. A special use permit can have conditions and can be revoked at any point. This is a difficult area to deal with. What is there now is not what the Master Plan calls for. The Master Plan calls for a mixed use of residential, office and retail space. There are other businesses in the area that have outdoor storage but do not require a special use permit because they existed prior to the current codes. Luke Whitley with Whitley Wood and Tree Service addressed the Commission. He explained that he has been the recipient of most of the code violations and he has been working with the City's Code Enforcement Officer to get things cleaned up. Commissioner Mark Sayler commented that all equipment needs to be parked on a hard surface. Can the owner commit to that financial cost? McFee replied that a lot of money has already been put into the building. It is a difficult building to lease out, but now there are tenants that are passionate about staying there so some type of arrangement will be made. Commissioner Mark Salyer moved to withdraw his motion to deny the special use permit for 4141 Riverside. Commissioner Cheryl Melton seconded and the motion passed. Commissioner Harold Snoderley moved to continue the public hearing for the special use permit for 4141 Riverside until the September 25, 2008 meeting. Commissioner Ray Uhl seconded and the motion passed Minor Change of Use The minor change of use permit for Whitley Wood and Tree was tabled Permit 4141 Riverside- at the June 12, 2008 meeting and will be removed from the table after a Whitley Wood and Tree decision has been made for the special use permit 4 Minor Change of Use The minor change of use permit for Game Time Athletics was tabled at Permit 4141 Riverside- the June 12, 2008 meeting and will be removed from the table after a Game Time Athletics decision has been made for the special use permit Land Disturbance Permit Carlson gave a staff report to the Commission for a land disturbance Argosy Casino Parkway permit for Argosy Casino Parkway West. She explained that the City is West. currently seeking bids to construction Argosy Casino Parkway— West and anticipates selecting a contractor in the near future. In order to expedite the permitting process the City is applying for the land disturbance permit on behalf of the City hired contractor. Having the proper permits in order will allow the contractor to immediately begin work on the project. Argosy Casino Parkway— West extends from Horizons Parkway to Highway 69. The western end of the Parkway entails a four -lane road with raised medians and designated left turn lanes. As the road continues east, it tapers to a two lane road. A roundabout will be installed at the intersection of Horizons Parkways and Argosy Casino Parkway. The Parkway will tie into the existing frontage road along Highway 69, which provides access underneath the Highway. The installation of the Horizons Parkway and Highway 635 interchange coupled with Argosy Casino Parkway — West will allow safety changes to the southbound exit/entrance off Highway 69. Currently, traffic heading southbound on Highway 69 may exist on the frontage road and traffic on the frontage road wanting to head south on Highway 69 may enter via the same location. Once Argosy Casino Parkway — West is constructed, this exittentrance will be closed. Instead, traffic will utilize Highway 635, the Horizons Parkway interchange and Argosy Casino Parkway. Ultimately, the goal is to have Argosy Casino Parkway extend underneath the highway, thus eliminating the need for much of the frontage roads. Considering the low elevation of the area, a large amount of fill will be required to construct the Parkway. The road is proposed to be an average of 7 feet higher than the existing grade. In terms of erosion control, the following methods will be utilized: silt fence, diversion dikes, existing sediment traps, rock check dam, and curb inlet protection. 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. Commissioner Cheryl Melton moved to approve the land disturbance permit for Argosy Casino Parkway -West. Commissioner Al Bowman seconded and the motion passed. Amendments to Chapters Carlson gave a staff report to the Commission to proposed changes to 400.420, 400.270, the City's code. She explained that City staff has now been with 400.580, 400.680 and working with the Unified Development Ordinance (UDO) for 400.930 of the UDO in the some time and overall the document is working to achieve the Riverside Municipal Code City's established goals and policies in terms of development. However, as staff utilizes the UDO more and in different applications, it becomes apparent that certain regulations need to be amended to better accommodate current situations and conditions. She went over each of the changes with the Commission. Commissioner Bowman moved to approve the Amendment to Chapters 400.420, 400.270, 400.580, 400.680 and 400.930 of the UDO in the Riverside Municipal Code. Commissioner Harold Snoderley seconded and the motion passed. Adjournment Commissioner Harold Snoderley made a motion to adjourn. Commissioner Ray Uhl seconded ,and the meeting was adjourned.