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HomeMy WebLinkAbout2007-09-13 Planning & Zoning Commission MinutesMINUTES REGULAR MEETING PLANNING AND ZONING COMMISSION RIVERSIDE, MISSOURI Thursday, September 13, 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 Harold Snoderley, Ray Uhl. Al Bowman, Barbara Snyder, Raye Sanders, Mark Salyer, Evelyn Poe, Cheryl Melton, and Mayor Kathy Rose. Members absent: Stephen King and Aaron Locke. Also present: Brent Miles, Director of Planning and Economic Development and Sarah Wagner Administrative Clerk. Approval of minutes Commissioner Evelyn Poe moved to approve the minutes from from August 9, 2007 August 9, 2007. Commissioner Raye Sanders seconded and the motion passed. Public Hearing to Chair Barbara Snyder opened the Public Hearing to consider consider rezoning rezoning property generally described as all that part of a tract of property generally land in the Southeast Quarter of the Southwest Quarter of Section described as all that part 33, Township 51 North, Range 33 West in the City of Riverside, of a tract of land in the Platte County, Missouri which includes all of Lots 4 through 10, Southeast Quarter of the HASSEN HEIGHTS, a subdivision in said City, County and Southwest Quarter of State, according to the recorded plat thereof, said tract of land Section 33, Township 51 being bounded on the North by the South right -of -way lines of W. North, Range 33 West in 50 Street, as now established, being bounded on the East by the the City of Riverside, East lines of Lots 4 through 10 of said HASSEN HEIGHTS and Platte County, Missouri being bounded on the South and West by the South and West which includes all of lines of said Quarter, Quarter Section. Lots 4 through 10, HASSEN HEIGHTS, a Commissioner Evelyn Poe recused herself for this discussion. subdivision in said City, County and State, Brent Miles, Director of Planning and Economic Development according to the gave a staff report. He explained that the property in question is recorded plat thereof, along Florence, West of the Post Office and South of 50 Street. said tract of land being It is currently zoned "R -2" Multi - Family Residential which would bounded on the North by allow duplex and other multi - family residences to be built. The the South right -of -way area has three houses constructed on it and one large vacant lot at lines of W. 50 Street, the end that is larger then all the other properties combined. The as now established, residents that live in the area came to the City regarding zoning being bounded on the regulations. Staff held a preliminary meeting with the property East by the East lines of owners in the area. Three out of the four property owner's Lots 4 through 10 of attended the meeting. Staff has been working for some time to said HASSEN get the legal description of the property. HEIGHTS and being bounded on the South Miles went on to explain the process used to rezone an area. It is and West by the South outlined in the UDO in section 400.220. The City is required to and West lines of said send notices to all owners in the area being rezoned and to all Quarter, Quarter Section property owners within 185 feet of the area in question. The City is also required to advertise the notice in a local paper of general circulation. The City also posts a sign on the property to show those who pass by that there is something changing with that property. All of these tings have been completed by the City at this time. Miles explained that the area in question has Jumping Branch Creek on its West side. Most of the property in that area is sectioned into one to one and a half acre lots except for the property at the end which is about nine acres. The residents in that area were concerned that with a piece of property that large in a "R -2" Multi - Family Residential District would allow for housing that is not fit for that neighborhood. When looking at a zoning map of the City, this area and Homestead are the only two areas in the City that are zoned "R -2" Multi - Family Residential. Staff is unsure why the area was regionally zoned "R -2 ". Miles went over the process in the UDO for a rezoning application. It is found in Section 400.220. In this case the City filed the application and gave formal notice to all property owners with in 185 feet of the area. A hearing must be held before the Planning and Zoning Commission with in 60 days and then another hearing before the Board of Aldermen. If the Planning and Zoning Commission votes no on the rezoning the Board of Aldermen can overturn it with a 2/3 vote. The new part of this process in the UDO is the protest petition which states in order to be considered valid, a protest petition must be duly signed and acknowledged by the owners of thirty percent (30 %) or more, either of the areas of the land (exclusive of streets and alleys) included in such proposed change or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be changed. If a valid protest petition is submitted to the City at least ten (10) days prior to Board of Aldermen final action on the application, a rezoning shall not become effective except by the favorable vote of two- thirds (2/3) of all the members of the Board of Aldermen. No petition has been filed. If this was to be filed, it would have been due on the 8 of September which was a Saturday so the City would have accepted one the following Monday. This is important to know seeing this is the first time this has been used. Flavia Tarwarter of 3005 NW Florence addressed the Commissioner. Her letter is attached to the minutes. Evelyn Poe of 3002 NW Florence addressed the Commission. She said that the residents in the area found out about the zoning on accident and was hoping that the City would take care of the zoning and change it from "R -2" Multi - family Residential to 11 R- 1" Single - Family Residential. Commissioner Cheryl Melton commented that she has a close friend that lives on Florence and a concern of hers was how narrow the road is and if there was an increase of traffic flow it could create a problem. Chair Snyder asked if the owners of the large piece of property were aware of the rezoning. Miles replied that he has spoken with the owners and thought they might show up tonight Commissioner Harold Snoderley asked if the property owners had any objection to the rezoning. Miles replied that he didn't know, but was sure that the property owner received the notice of the hearing tonight. Commissioner Ray Uhl asked if there was anyone interested in developing the property. Miles replied that there was no one at this time. It just needs to be changed for the future. Miles informed the Commission that they can not base their decision on property values, however traffic and land characteristics can be used. Aldermen Mark Salyer said that he supports the rezoning. There are a lot of Planned Developments that are going in in the City and it is important to preserve the natural land areas. Alderman Salyer moved to approve the rezoning of the property generally described as all that part of a tract of land in the Southeast Quarter of the Southwest Quarter of Section 33, Township 51 North, Range 33 West in the City of Riverside, Platte County, Missouri which includes all of Lots 4 through 10, HASSEN HEIGHTS, a subdivision in said City, County and State, according to the recorded plat thereof, said tract of land being bounded on the North by the South right -of -way lines of W. 50 Street, as now established, being bounded on the East by the East lines of Lots 4 through 10 of said HASSEN HEIGHTS and being bounded on the South and West by the South and West lines of said Quarter, Quarter Section from "R -2" Multi - Family Residential District to "R -1" Single - Family Residential District. Commissioner Snodereley seconded and the motion passed. Public Hearing to Chair Snyder opened the Public Hearing to consider amending the consider amending the approved development plans for the Gatewoods Planned approved development Development Phases I, II and III and the approved plan for the plans for the Gatewoods Village at Gatewoods by approving an amended Master Sign Planned Development Plan. Phases 1, II and III and the approved plan for Commissioner Poe returned and Commissioner Raye Sanders and the Village at Alderman Mark Salyer recused themselves. Gatewoods by approving an amended Miles gave a staff report for the amended Master Sign Plan for Master Sign Plan T.E. Woods Construction. They are asking to amend their temporary project identification signs. They are trying to get advertising due to their location. The packets include a diagram of the existing sign permit with the revisions. The permanent signs at the entrance to the Village of Gatewoods will be brick pillars. They are labeled on the diagram with a P. The temporary signs are lettered and coordinate with the attached drawings. They have proposed nine temporary signs and a trailer that will be visible from I -635. The sign in front of the school for the performing arts will be removed. Miles went on to explain the process for the amended Master Sign Plan is to send notice to all property owners with in 185 feet of the area in question. There are two sections in the UDO that apply to this request. One is for signage and the other is for a Planned Development. In this case the Commission sees it all in one package. The UDO Sign Code is to be used as the basis, but seeing it is a Planned Development the Commission has flexibility to make decisions. The UDO lists out several types of signs and what T.E. Woods has proposed is a combination of several of the sign types. Sign A is a directional sign. Signs C,D and E are for the Village at Gatewoods. Originally the old Skyline sign was to remain for advertising, but that did not work out. Sings B and F are directional, while G, H and I are real estate signs. J is the trailer that would be parked at the end of 50 Street and be viable from Highway 635. This is something that has not been done in the City yet, but it is something that commercial contractors do a lot. Aldermen Salyer of 5046 Woodside Ct. addressed the Commission and said that the plan was excellent and had nice signs. The problem is that there is not time restraint on the temporary signs. Over time they do begin to fade. The Commission should set a time frame and revisit the Master Sign Plan in three years or so. The trailer is tough to accept. The trailer is prohibited in the UDO. However, he would not be opposed to a sign of similar size. Shawn Woods from T.E. Woods Construction addressed the Cl Commission and stated that the project time line is about five years. He suggested a 24 month time limit on the signs and would then come back before the Commission if necessary. Sings H, I, J and A will not be necessary until more of the homes are up. Commissioner Poe asked how the signs were put up. Woods explained that they would be staked in the ground. Miles asked what type of material the signs would be made of. Woods replied that they would be a vinyl sign on plexy glass frame with wood posts. Mayor Rose asked if they planned to store anything in the trailer. Woods replied that they did not. Commissioner Snoderley commented that he would rather see and 8x12 or 8x14 sign in place of the trailer to be viewed from the highway. Miles commented that he understands the need for visibility from I -635 to let people know what is going on. He asked Woods if he would be able to get an amended plan together for the Board of Aldermen by Tuesday night. Woods replied that he would. Commissioner Poe said that she thought two years was a good length of time for the signs. Miles commented that it should be two years unless the signs are not maintained and then the City can address that with T.E. Woods Construction. Norma Parrot of 5031 Woodside Drive addressed the Commission and asked about a traffic light on Gateway. Miles replied that when Gatewoods and the Village of Gatewoods come to final development a traffic study was be conducted. Based on the number of units it is unlikely that a traffic light will be warranted, but the City is looking at some sort of devise to slow traffic down coming off the highway. Parrot commented that it would be nice to have some sort of tentative plan so that the road would not have to be dug up twice. Miles replied that the Board of Aldermen can decide to put in a traffic light no matter what the traffic study says. A traffic light usually runs about $250,000. Mayor Rose commented that some of the traffic on Gateway is beyond the City's control. There are some highway projects going on that have traffic routed through the City. Commissioner Poe asked how many signs would be going in for the development. Miles replied that the Commission is approving nine but only six are going in. Commissioner Melton asked what the setbacks are. Miles replied that it is one foot away from the right -of -way as long as they don't impair vision. It is possible that A and I cold cause some problems so the City will conduct a sight triangle to check. Commissioner Snoderely moved to approve the amendments to the Master Sign Plans for Gatewoods and the Village of Gatewoods with a two year time limit on the signs and the change from the trailer to the 8x12 sign off 50 street. Commissioner Al Bowman seconded and the motion passed. Land Disturbance Commissioner Sanders and Alderman Salyer returned to the Permit for Briarcliff discussion. Development Company for the West Platte Miles gave a staff report for the Land Disturbance Permit for Linear Trail and Park. Briarcliff Development Company for the West Platte Linear Trail. This permit is different then normal because this is like a Capital Improvement Project that the City is paying for out of the Park Board's budget. The West Platte Linear Park and Trail begin in Kansas City at Briarcliff Parkway and go up the bluffs on Gateway. Most is not in the wildflowers or on the ridge. It does have some vertical height for the view. It will end at Riverside Street. Miles explained that a Land Disturbance Permit is only approved by the Planning and Zoning Commission. The trail will be turned over to the City, so City staff will be inspecting the process. The trail will be eight to ten feet wide and made of asphalt. The park will be put in after the trail is complete and will be landscaped. The erosion and sediment control plan is approved and the state permit from the Department of Natural Resources in the process. Mayor Rose asked if the trail will go through the old Best Battery location. Miles replied that it would. He added that there will also be parking for the waterfall feature and some historical elements, but he is not sure what those will yet. The City Streetscape goes to the Board of Aldermen on September 25, 2007. This project is not part of that, but will correspond with another City project. Mayor asked how far back the trail was going to run form the retaining wall on Gateway. Chris Williams from Briarcliff Development Company addressed the Commission. He said that the trail will run back in the trees about five feet or so. Commissioner Uhl asked if they were planning on keeping the trees. Williams replied that they will keep the good mature trees, but the underbrush will have to be cleared out. Commissioner Uhl commented that some of the underbrush is what gives it the look. Williams replied that they will try and keep as much as possible. Chair Snyder asked if there would be a rail along the trail by the retaining wall. Williams replied that the trail will be set back far enough from the edge that one would not be required. Commissioner Melton asked if the City would be liable if someone wondered too far. Miles commented that the City will consider that when it get the spec drawings for the trail. Commissioner Poe asked if the City would own the trail and park. Miles replied that the City will own the path. The rest will be right -of -way. Commissioner Uhl asked if a railing was in the plans. Williams commented that all safety issues will be addressed. Miles commented that the railing could be put back further and then shrubs could be planted to hide it. Commissioner Poe moved to pass the Land Disturbance Permit for Briarcliff Development Company for the West Platte Linear Trail and Park. Commissioner Bowman seconded and the motion passed. Adjournment Commissioner Sanders moved to adjourn the meeting. Commissioner Snoderley seconded and the motion passed. The meeting was adjourned at 8:04 p.m. Sarah agn dministrative Clerk