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HomeMy WebLinkAbout2007-10-25 Planning & Zoning Commission MinutesMINUTES REGULAR MEETING PLANNING AND ZONING COMMISSION RIVERSIDE, MISSOURI Thursday, October 25, 2007 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 Evelyn Poe, Harold Snoderley, Ray Uhl, Al Bowman, Barbara Snyder, Raye Sanders, Aaron Locke, Mark Salyer and Stephen King. Members absent: Mayor Kathy Rose. Also present: Brent Miles, Director of Planning and Economic Development and Sarah Wagner Administrative Clerk. Approval of minutes Commissioner Al Bowman moved to approve the minutes from from September 27, September 27, 2007. 2007 Commissioner Raye Sanders seconded and the motion passed. Commissioners Stephen King, Aaron Locke and Mark Salyer abstained from voting. Public Hearing to Commissioner Al Bowman recued himself for this discussion. Consider vacating right - of -way generally located Brent Miles Director of Planning and Economic Development along NW Vivion Road gave a staff report. He explained that a right -of -way vacation is at approximately 3220- something new to the Planning Commission and was revised in 3400 (legal attached). the UDO to be within state compliance. The applicant, Don Alexander, who was unable to be at the meeting tonight is requesting right -of -way be vacated along NW Vivion Road on property he currently owns and property under contract by Mr. Alexander. The right -of -way to be vacated was originally deeded to MoDOT in 1935 for the construction of NW Vivion Road. MoDOT conveyed ownership of this portion of NW Vivion Road in 1988 to the City of Riverside for ownership. At this time, the City of Riverside accepted all the right -of -way that was part of NW Vivion Road in this area. Due to the sale of the property, title work was completed by the applicant which illustrated this excessive right -of -way on the north side of NW Vivion Road. This excessive right -of was is not necessary and the City does not want the responsibility of it any longer. Miles explained that the procedure for right -of -way vacation is governed by Section 400.280 of the Unified Development Ordinance (UDO). A vacation of right -of -way requires public hearing before the Planning Commission and the Board of Aldermen after notice has been given at least fifteen days in advance in a local paper, properties owners within 185 feet have been notified, and the property has been posted with signage indicating the date and time of the public hearing; these requirements have been satisfied for this request. If recommended by the Planning Commission and approved by the Board of Aldermen, an ordinance shall be passed by the Board of Aldermen and filed with the Platte County Recorder of Deeds. The portion of right -of -way to be vacated is not necessary to maintain NW Vivion Road in its current condition or necessary for any future improvements to NW Vivion Road. Until the title work was presented to the City, it was unknown to the staff that this right -of -way existing given the setbacks necessary for building construction that has occurred over the years in this area. Staff requested that Missouri One Call be instructed to mark the site for any utilities; which staff observed and saw none. Staff also sent certified letters to the various utilities requesting confirmation that no utilities existed in this area. Al Bowman of 3214 NW Vivion Rd, addressed the Commission and explained that the gas line that services his residence is in the right -of -way that is being vacated. Miles replied that the City has not heard back from Missouri Gas and Energy about their lines in the right -of -way. Miles asked if there were any other services in that right -of -way such as water. Bowman replied that he was only aware of his gas service. Miles explained that the City has a good working relationship with Susan Marks from Missouri Gas and Energy and will work to get an easement before the November 6, 2007 Board of Aldermen meeting to protect the gas line. Chair Barbara Snyder asked who is responsible for granting the easement. Miles explained that Mr. Alexander and his surveyor are responsible for writing the easement and having it recorded with the county. Commissioner Ray Uhl asked whose property the right -of -way will become after the City vacates it. Miles replied that the property will become Mr. Alexander's. The City is trading him this easement for one that the City needs from the other side of his property for improvements on Cliffview. Commissioner Harold Snoderley moved to approve the right -of- way vacation generally located along NW Vivion Road at approximately 3220 -3400 with the provision that there is a an easement done for Mr. Bowman's gas line. Commissioner Uhl seconded and the motion passed. Land Disturbance Miles asked that this item be tabled until the next meeting. This Permit: Wholesale building got approval before the UDO was approved so the City is Fireworks 2500 NW still researching some utility problems. There is a fiber optic line Tullison. that is not in an easement. Commissioner Snoderely asked how old the site plan was Miles replied that a site plan has no deadline under the old regulations. With the UDO in place there is a limit of six months. Land Disturbance Miles gave a staff report for the Land Disturbance Permit for Permit: Briarcliff Briarcliff Hills residential. Miles explained that the applicant, Development company- Briarcliff Development Company, has requested a Land Briarcliff Hills Disturbance Permit for an area west of NW Valley Lane and east Residential of NW Riverside Avenue (West Platte Bluff). The applicant is requesting this Land Disturbance Permit for an estimated earthwork quantity of 303,000 cubic yards for a period of three (3) years. Most likely that dirt will be sold to the City for the Horizons Development. MoDOT requires that a developer have at least two places to choose from to purchase this fill dirt. Most likely the developer for Horizons will choose to use this dirt. Miles explained that the process for a Land Disturbance Permit is governed by section 400.260 of the Unified Development Ordinance (UDO). The procedure for a Land Disturbance Permit is approval by the Planning Commission and does not proceed to the Board of Aldermen. The procedure with this application is unique because this permit is also tied to a Redevelopment Agreement approved by the Board of Aldermen via Ordinance 2007 -90 which specifically addressed requirements regarding this Land Disturbance Permit therefore it will go before the Board of Aldermen. Miles explained that any repairs that will need to be done to City streets as a result of this project will come out of their TIF fund so there is incentive not to tear up the roads. CFS will also be out on Mondays and Fridays to do inspections and report on the condition of the roads. Briarcliff is also proposing working from 7am to 5pm Monday through Saturday. Miles suggested that the Planning Commission restricts the work time on Saturdays from 8am to 5pm. The City is also requiring 24 hour notice if Briarcliff decides to sell any dirt so that truck the City knows trucks will be going in and out of the City. If there are going to be more then five trucks leaving the site per hour a person flagging traffic is required. Dedicated hauling routes will be established and detailed progress reports will be given every six months. Miles explained that the UDO requires a 15 foot tree buffer for residential areas and a 20 foot buffer for all commercial property. Briarcliff exceeds this requirement. Chris Williams from Briarcliff Development Company addressed the Commission. He explained that they will be minimizing the impact on the trees and shrubs as much as possible. Large and abundant trees make the development more desirable to prospective buyers. Jonathan Hofflander from Olson and Associates addressed the Commission to explain that they are well beyond the setback requirements in most areas having 50 to 100 feet before grading activity begins. Miles said that to make sure what is being presented is actually done he asked Briarcliff Development Company to actually mark with paint or flags where the disturbance will begin. Commissioner Locke asked if these were the same boundaries that were presented before. Miles replied that an agreement with the Jones property had not been met so the boundary to the north has been revised. Commissioner Locke asked if the other boundaries were the same Miles explained that the Lindsey's property has the same buffer as before. They were concerned with the trucks using Valley Lane, so they will be using Riverside Street instead. Miles said that the stormwater management plan has been revised to add sediment ponds as a final defense. Commissioner Uhl asked if it would be more feasible to do a review every three or four months instead of waiting six months. Miles replied that inspections of the area will be done twice a week and the six months reports are just intended to be more in depth. Commissioner Snodereley asked what fill was required by the Levee. Miles replied that the Levee is 12 to 15 feet above the rest of the ground. The Levee District will only allow a certain type of fill to be next to the Levee in the critical area. Williams explained that Briarcliff is working with contractors to bring in other types of dirt to fill the area that is not in the Levee Critical Area. This area will require about 10,000 cubic yards of Corps of Engineer approved dirt and another 20,000 to 30,000 cubic yards to bring the rest of the area up to the same height of the Levee. Commissioner Poe asked that with approval of this Land Disturbance Permit if all the trees that are not in the buffer area are going to be taken down. Williams replied that Briarcliff plans to leave the trees it can but a lot of it depends on the space the builders need for the houses. Commissioner Sanders asked if any builders have been selected yet. Williams replied that Briarcliff has been interviewing some but haven't made any decisions yet. Commissioner Uhl asked if Briarcliff was still planning to keep the homes in the $400,000 range. Williams replied that the number and size of the homes has not changed. Miles said that the number and size of the homes are part of the development agreement and if changes were to be made they would have to come back before the Board of Aldermen. Williams commented that Briarcliff wanted to begin the trail construction last Monday but couldn't because of the rain. They plan to start as soon as possible though. Commissioner Aaron Locke asked if the trail was to run along the bluffs. Williams replied that the trial would be up on the bluff in the trees and that it would be an eight to ten foot wide and keep a nature feel. Commissioner Uhl asked if trees would be taken out to make way for the trail. Williams replied that they will try to minimize the impact and will mark the trees that are to be kept. Commissioner Cheryl Melton commented that the old Interurban ran through that area and asked if there was anything to be salvaged from it. Miles replied that there was nothing of significance in that area, but there is in other parts of the City. Commissioner Melton asked if it was necessary for Briarcliff to work on Saturdays. Miles replied that the weather is a push because they only have one season to complete this work and with big contractors working on the Horizons Project they are going to want to work Saturdays. Miles said that he believes working Saturdays is an acceptable practice. Commissioner Poe asked what the proposed work time was during the week. Miles replied that they are requesting working from lam to 5pm Monday through Friday. Commissioner Melton commented that she thinks Saturday work is expectable. Commissioner Stephen King commented that he thought working Monday through Friday lam to 5pm and Saturdays from 8am to 5pm was acceptable. Commissioner Mark Salyer asked what the difference between a regular silt fence and a super silt fence was. Hofflander replied that a super silt fence is reinforced with wire mesh and studier poles. They are placed on steeper slopes where a regular silt fence can be overwhelmed. Commissioner Salyer asked if every fence would be reinforces with steel poles. Hofflander replied that not every fence is typically reinforced, but if the board feels strongly about it then arrangements can be made. Miles said that it is not necessary for every sediment fence to be reinforced, jut maybe the last ones. The weekly reports to the City will show where the problems are and they can be addressed. Commissioner Salyer asked if these super sediment fences were required in any other developments. Miles replied that regulations are changing and they are necessary in other developments especially those that have bluffs. The City is meeting with Barth Construction regarding Montebella and will discuss these concerns, but nothing can be done until it is legally in the City limits and the City is still waiting on the court to approve the annexation. Commissioner Snoderley asked if the sediment fences would be inspected with the Monday and Friday site inspections. Miles replied that they would especially after any rain Hofflander commented that Briarcliff will also be using sediment ditches which are like terraces to reduce the velocity of flow to reduce erosion. Commissioner Salyer asked about seeding and mulching. Miles replied that if operations cease for 14 days or more then the developer is required to seed and mulch the area. Commissioner Melton moved to approve the Land Disturbance Permit for Briarcliff Development Company for Briarcliff Hills Residential specifying work hours to be Monday through Friday lam to 5pm and Saturdays 8am to 5pm. Commissioner Snoderley seconded and the motion passed Land Disturbance Miles asked that the Land Disturbance Permit be tables until the Permit for Briarcliff next meeting. He explained that half the interchange on the ramp Development Company- to 9 Highway west through Riverside Briarcliff has approval from Highway 9 /Tullison MoDOT. This portion will just be a Land Disturbance Permit for Road Interchange Kansas City, Missouri. The three way stop at West Platte will be reconfigured. Commissioner Snoderley asked if there would be round -a -bout. Miles replied that their will be one in Kansas City, Missouri. Adjournment Commissioner Snoderley moved to adjourn. Commissioner Sanders seconded and the meeting was adjourned. Sarah Wagner, A inistra ve Clerk