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HomeMy WebLinkAbout2007-08-09 Planning & Zoning Commission MinutesMINUTES REGULAR MEETING PLANNING AND ZONING COMMISSION RIVERSIDE, MISSOURI Thursday, August 9, 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, and Mayor Kathy Rose. Members absent: Stephen King and Aaron Locke. Also present: Brent Miles, Director of Planning and Economic Development and Sarah Thompson Administrative Clerk. Approval of minutes Commissioner Evelyn Poe moved to approve the minutes from from July 26, 2007 July 26, 2007. Commissioner Mark Salyer seconded and the motion passed. Public Hearing to Chair Barbara Snyder opened the Public Hearing to consider a Consider a Special Use special use permit for Block and Company at 4104 -4120 NW Permit for Block and Riverside Street pursuant to Chapter 400.560 and 400.580 in the Company at 4104 -4120 Riverside Municipal Code. NW Riverside St. Brent Miles, Director of Planning and Economic Development gave a staff report to the commission in regard to this property. He explained that this special use permit originally had two separate requests. The first one was for a barbed wire fence around the property and the second was for outdoor storage. The applicant has since dropped the request for the barbed wire fence and had submitted an application for administrative review for a chain link fence with slats for screening. The two sections in the Unified Development Ordinance (UDO) that apply to this request are Chapter 400.560 and 400.580. Chapter 400.560 deals with the fence setbacks and Chapter 400.580 states that, "Outdoor storage of materials, products or equipment which are not for retail sale shall be permitted in "C -1" and "I" districts in accordance with the following criteria:" The UDO then lists out nine different criteria. There are two criteria that apply to this case. One states that, "All outdoor storage shall be contained within a fully enclosed building or in a fenced open yard adequately screened." The second criteria that applies states that, "All outdoors storage shall have a neat and orderly appearance." Auto Body on the Run is Block and Company's tenant for the property in question. Their business license is for an auto body repair shop; however it appears that they have several cars that look beyond repair and there are suspicions that the vehicles may be used as salvage parts. Mayor Kathy Rose commented that even if the tenants were to put up a fence the property would still have lots of visibility from Highway 9 and the on ramp to Highway 635. Miles commented that the fence application had brought a lot of attention to this property. Even if a fence was constructed it would not give adequate screening. It is in an industrial park so it has very loose zoning regulations. However, the Commission needs to consider and decide what is meant in the UDO "to be adequately screened" and what is "neat and orderly." Dianna Jefferson from Block and Company of 224 NW Platte Valley Drive, Riverside, Missouri 64150 addressed the Commission. She represents Block and Company who has Auto Body on the Run as their tenant that is applying for the special use permit. She commented that the lot was in more disarray than usual because Auto Body on the Run was asked to move some of their equipment away from where the fence was to be installed. Block and Company is usually on top of its tenants to keep things cleaned up. Block and Company also approached the City for approval of this business several years ago. The tenant only has a few months left on this lease and would like to renew, but will not unless they can put up a fence. Due to all the cars Auto Body on the Run has to store there is no other location they can be moved to, however, both Block and Company and the tenant are open to other screening options if the City has any suggestions. Miles commented that the City did approve Auto Body on the Run's business license application, but the business fills them out and they classified themselves as an auto repair shop which is very vague. In the future, the City would like to require more of a description. Some of the cars on the lot appear to be really damaged and raise the question of whether they are using them for selvage parts. Mayor Rose asked how long the cars remained there for repairs. Jefferson replied that she notices the cars chance about every four months. Commissioner Evelyn Poe commented that she drove down to the property in question and noticed that there are a lot more cars in the parking lot than what the pictures show. It also seems like they have more cars there than what they can turn around in a reasonable amount of time. Mayor Rose commented that the property does get a lot of visibility from 9 Highway. Commissioner Mark Salyer asked what type of fence was being used and the height of the fence. Miles replied that it would be a six foot, metal, chain -link fence with plastic slats for screening. Commissioner Ray Uhl asked how much longer Auto Body on the Run had on their lease. Jefferson replied that they only have a few months left. Commissioner Uhl commented that a fence wouldn't look nice to begin with, but what is going to happen when the tenant leaves. The City has to think about how this is going to look in the future. Jefferson commented that the building behind Auto Body on the Run, Brown and Company, is encroaching on their property. That is why they want the fence. Miles said that the Industrial Park has seen its better days, but the City is trying to get it cleaned up. Mayor Rose commented that this does not seem to be the only problem in this area. Miles replied that it is not, but the other properties that have problems are not as visible as this. Commissioner Salyer asked if the Levee District had any concerns about the tenant putting fence posts that close to the levee. Miles replied that the Levee District does not have any concerns because there are already some fence holes in that area near the levee. Commissioner Raye Sanders commented that Auto Body on the Run has been a tenant in that building for almost five years and they are just asking for a fence now. Jefferson replied that Auto Body on the Run is having problems with individuals stealing cars now and that is why they want the fence. Commissioner Salyer asked if the fence were to be approved could it be contingent that upon Auto Body on the Run leaving the fence would have to come down. Jefferson said that it is part of their lease agreement that the fence would have to come down. Commissioner Uhl asked if Block and Company had a vacant building that Auto Body on the Run could use to store some of their vehicles in. Jefferson replied that they do not. Commissioner Barbara Snyder asked if under the UDO the special use permits were reviewed yearly. Miles replied that they were not unless a special contingency is made. Commissioner Salyer commented that the tenant is looking for security. Commissioner Poe asked if the tenant has had any thefts yet. Jefferson replied that they have. Commissioner Uhl commented that the City has to start some where cleaning things up and not just compound the problem. Mayor Rose commented that Auto Body on the Run has to have some sort of salvage component. The business licenses are not always accurate with what the business is doing. Commissioner Harold Snoderely asked if the City had a way to cite Auto Body in the Run for all the junk they had around. Miles replied that if a special use permit is not approved they will be in non - conformance. It is not the fence that is the problem, but the activity of what appears to be a salvage yard. The City will have to work with the tenant to get things taken care of. Jefferson commented that without a fence, Auto Body on the Run will leave. Commissioner Salyer asked why Block and Company was addressing the commission and not Auto Body on the Run. Jefferson replied that Auto Body on the Run approached them about needing some extra security. Miles said that the City requires the owner to apply for the permit and not the tenant. 4 Commissioner Salyer asked who is going to pay for the fence. Miles replied that the tenant is going to pay for the fence, but the owner has to apply so that the City isn't giving a tenant permission to do something to the property without the owner knowing. Commissioner Uhl asked if it would be possible to approve the special use permit and review it every year and have the fence taken down if the City decides that it is not what it wants. Miles replied that it would be possible, but it would be difficult to get them to take it down and following up with citations if it did not happen. It would be better just not to do it at all. Commissioner Poe commented that if Auto Body on the Run was conducting the type of business stated on their business license than a fence would still be needed to protect the cars. The fence could be constructed and then the City could work on cleaning up the business. Miles replied that the tenant does need the fence, but the problem is the location. An industrial park will have outdoor storage but it is planned for so the property appears nice. An auto body repair shop does need a fence, but the City is not sure where the delineation between an auto body shop and a salvage yard is. It is one thing to have a fender - bender parked out for a few weeks while it is being repaired, but it is not ok to have totaled vehicles parked for months at a time. Commissioner Poe commented that the public is going to see Auto Body on the Run's operation no matter if the fence goes up or not. Commissioner Snyder asked if the tenant was planning on leaving if they were not allowed to put up a fence. Jefferson replied that yes, Auto Body on the Run had told Block and Company that they would not be renewing their lese if they could not put a fence up. Commissioner Uhl asked if Block and Company had a waiting list of businesses that wished to lease the property. Jefferson replied that they do not. Snyder explained to the commission that their recommendation still needed to go before the Board of Aldermen. If the commission passes the special use permit the Board of Aldermen can still deny it, however, if the commission denies it the Board of Aldermen will need a 2/3 vote to pass the permit. Commissioner Sanders asked if the commission could table this issue to gather more information on the business practices at Auto Body on the Run. Commissioner Salyer asked what would happen if when the City did look into the business practices at Auto Body on the Run and they discover what the City and commission suspect. How does that chance the decision for the fence? If Auto Body on the Run plans to sty in that location then they will need a fence. I could go for it under certain conditions. Commissioner Uhl asked the commissioners if they would want to look at the fence in that spot for ten years. Commissioner Salyer said that the commission can review it every year. Miles commented that the City could make them take it down but it would be very difficult to enforce. Commissioner Salyer asked if the commission would be giving Auto Body on the Run more rope if they approved the fence. Commissioner Uhl made a motion to deny the special use permit for Auto Body on the Run. Commissioner Poe asked if the commission denies the special use permit if Auto Body on the Run would have to get all the cars off the lot. Miles replied that the issue is the storage of the cars. They are applying for a special use permit for that reason. The fence is just a component of it. Commissioner Poe commented that by not allowing the special use permit the City is taking away their business and running them out of town. Commissioner Uhl commented that the City has to draw the line somewhere on the types of businesses allowed. Riverside gets dumped on and the City needs to take a new approach. Commissioner Poe said that this is an industrial park and not downtown Overland Park. Riverside needs businesses and not just homes. If the commission denies them a special use permit then the City is losing business. Mayor Rose said that she agrees and added that their have been a 0 lot of auto body shops in the City over the years. Miles commented that the location is heavy industrial and it is not necessarily the business that is causing the problem, but the location. Commissioner Salyer asked if the other properties belonged to Block and Company. Jefferson replied that they did. Commissioner Uhl commented that the problem may take care of itself if the City finds that the tenant is conducting a different type of business then is listed on the business license. Miles commented that another contingency could be that if space comes available then they have to move to a less visible location. Commissioner Poe asked if there was any other place they could move to. Jefferson replied that there was not. Commissioner Uhl said that he withdraws his motion to deny the special use permit so that the City can study the issue more. He said that he agrees with Commissioner Poe about not wanting to run business out of town, but doesn't want stuff to continue when they are trying to change the image of the City. Mayor Rose said that there is not enough information here and asked if staff would be able to get the information in time for the next Board of Aldermen meeting. Miles replied that there was enough time and he would set up a meeting with the City, Block and Company and Auto Body on the Run. Commissioner Al Bowman moved to disapprove the special use permit for Auto Body on the Run. Commissioner Snoderely seconded and the motion passed. Land Disturbance Miles gave the commission a staff report for the land disturbance Permit for T.E. Woods permit for T.E. Woods at the Village at Gatewoods. He explained Construction Village at that this is for the entire development from Tumblecheer to the Gatewoods city limits. This will be done is two phases. Usually a half a dozen borings are taken to determine the soil type and composition. At this site however, the developer has found several large items such as hot water tanks, stoves, refrigerators, large boulders and other large items that were dumped. As a result geo technical borings can not be done. The developer is going to first take the entire first layer off to get all the trash out. Commissioner Salyer asked what was going to be done with the old Skyline sign that is still up. Miles replied that the sign itself is going to come down, but the poles will remain so that the developer can put up a rendering to let everyone know what is going on. Commissioner Salyer said that he would like to pin the developer to a date sometime in mid September to have that accomplished. Miles said that this first grading will allow the developer to get rid of all the junk and then do the final grading. The City is working with T.E. Woods on sediment control, a flood plane study for a bridge to link Gatewoods III and water pressure concerns. Commissioner Poe asked if they would be taking any dirt off of the site. Miles replied that they would only be removing what was unsuitable and bringing over 30,000 cubic yards of dirt from Gatewoods III to use for fill in the Village at Gatewoods. Commissioner Salyer asked what the developer was going to do with the undesirable material from the site. Miles replied that the appliances and other trash will be taken to a landfill and the large boulders will be taken to some place to be crushed and made into another useable material. Commissioner Poe asked it the developer had gotten the old gas station cleaned up. Miles replied that they did. Commissioner Snoderley asked what type of bonds the developer had for using City streets to take stuff off the site. Miles replied that they still have an escrow account with $750,000 to cover this project. Mayor Rose commented that there is a lot going on behind the scenes that citizens do not see. There will be an article in the monthly newsletter updating residents on City projects. Commissioner Poe commented that the land disturbance permit is for the entire area, but the developer may not have to do the whole area. Miles replied that the developer will have to do a geo technical study after the area is cleaned up to determine what will need to be done. Mayor Rose asked if trees were going to be left when possible. Miles replied that the commission can require that they leave a buffer which was already approved in the preliminary development plan. Commissioner Salyer asked if the town homes on Karen would be ready for the Spring Home Show. Miles replied that the real hold up is the water and other infrastructure, not the actual construction of the houses. Commissioner Bowman moved to approve the land disturbance permit for T.E. Woods for the Village at Gatewoods with a contingency to conform to the preliminary development plan that has already been approved to leave a tree buffer. Commissioner Uhl seconded and the motion passed. General Discussion Commissioner Salyer asked for an up date on the fagade for Sconic that was approved a while back. Miles replied that it was applied for by a consulting firm for all the Sconics in Kansas City. It is just a matter of when it will be phased in. It could be six months to a year before they get to the one in Riverside. Miles gave the commission an update on the streetscape project. The committee has been meeting and discussing possible designs for the entrance at Skyline and the Quick Trip Triangle. There has been a lot of agreement form the committee members. The next step is to look at prices and how to do it all. The major goal of the committee is to get rid of the delineation pond by Red X or fix it so it looks nice. The committee is also looking into benches for the ATA bus stops and how to hide the large green KCPL electric boxes. Miles then updated the commission on the annexation. It passed, but still needs to be certified in court. That is expected to be complete in October. The annexation, Briarcliff and Skyline will have a major impact on the City's renter /owner ratio. At full build out the City will have turned the 30% owner occupied, 70% renter occupied ratio to 33% renter occupied, 67% owner occupied in a very short amount of time. The City will still have the same number of apartments, but this will be a great accomplishment. Mayor Rose commented that she loves all the different pricing options that the developments offer. There is something for everyone's price range. In addition, NNI (Northland Neighborhoods Inc.) is helping home owners in existing homes fix up their property. Miles said that NNI is something that hasn't been discussed very much with the commission. The City gave $100,000 to NNI which is a CDC that is sort of governmental, but has more freedom to work with different types of organizations that the City can not, such as religious organizations. NNI then gives $5,000 home improvement grants to qualifying individuals. In addition they do a complete assessment of the home and try and help fix other problems that are not just structural. Mayor Rose commented that NNI has leverage to work with other organizations that the City does not. Miles repeated a quote from Jim Rice of NNI. He said that they don't just fix a house, they fix a home. In addition, Miles said that NNI is working with the Board of Aldermen for approval on a winterization program to make houses more energy efficient. NNI and the City are still working out the details. The Briarcliff Offices go before the Board of Aldermen for final TIF approval. Best Battery is in the process of moving. They are the last business to move out. Demolition should be scheduled with in a month. The first phase will be the Linear Park, so citizens should see something this year. Miles said that negotiations with developers for the property in the Horizons Development are going well. The City plans to have a development agreement in place by September 1. Ten million of the selling price will go into City development, while $4 million will go back to the City because that is what they paid for the property. The City is advancing two deals and both are for a high end industrial park. Embassy Landscaping got final approval, so they should begin construction soon. Complete Home Concepts building is done. They take occupancy on Tuesday. Commissioner Snyder asked what happened to the fruit market. [If Miles explained that they closed. Commissioner Uhl asked if codes enforcement could go down and cite the owners for the weeds and junk. Miles replied that the City's Building Inspector has left, so the Code's Enforcement Officer Sherry Hoelting, has been picking up a lot of his duties until someone is hired. The City still plans on contracting out some building inspections so that the City can have two individuals to do code enforcement. Mayor Rose commented that the City can't do everything all at once. It needs to pick its battles. A lot of it is out of site out of mind. The City has to clean up the most visible first. Mayor Rose announced to the commission that the plans for Riverfest are going great. There will be lots of stuff there to do and encourages everyone to attend. Commissioner Bowman asked if the asphalt company had a special use permit. Miles replied that they have applied for one. He then explained that the City is in the process of installing a new business license program that should help with this. Commissioner Bowman asked if new sidewalks were going in on Vivion Road. Miles replied that is appears to be a paved shoulder. Commissioner Sanders said that it will be used as a bike lane. Commissioner Salyer asked if the 635 and I -29 road closure will push traffic through the City. Miles replied that it will. The City got the press release about the closure the day it closed. Adjournment Commissioner Bowman moved to adjourn the meeting. Commissioner Snoderley seconded and the motion passed. The meeting was adjourned at 8:30 p.m. Sarah hoir3 n, Administrative Clerk 11