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HomeMy WebLinkAbout2007-04-26 Planning & Zoning Commission MinutesMINUTES REGULAR MEETING PLANNING AND ZONING COMMISSION RIVERSIDE, MISSOURI Thursday, April 26, 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, Mark Salyer, Stephen King, Aaron Locke, Raye Sanders and Mayor Kathy Rose. Members absent: David Hurt. Also present: Brent Miles, Director of Planning and Economic Development and Sarah Thompson Riverside Intern. Approval of minutes from Commissioner Harold Snoderley motioned to approve the minutes from April 12, 2007 the April 12, 2007 meeting. Commissioner Ray Uhl seconded and the motion passed. Commissioners Barbara Snyder and Aaron Locke abstained from voting. Land Disturbance Permit: Miles addressed the Commission outlining the Land Disturbance DKS LLC- Hidden Acres Permit for the Hidden Acres Subdivision that was carried over Subdivision from the previous meeting. The applicant, DKS LLC, has applied for a Land Disturbance Permit for grading associated with the construction of the Hidden Acres Subdivision, which is located on the south side of NW 50"' Street, west of NW Gateway, east of I- 635. The preliminary plat for this development has been approved by the Planning Commission and the Board of Aldermen. The infrastructure proposed has been reviewed and approved by City Engineer Shafer, Kline, and Warren. The plan proposes a possible 3,000 cubic yards to be hauled off site. The City is requiring DKS LLC, to tag or fence all of the trees for the landscape buffer and the stream setback. The big question at the last meeting was how the vegetation was to be disposed of from this property. DKS LLC has applied for and received a open burn permit through the Missouri Department of Natural Resources. Previously, the decision that the Missouri Department of Natural Resources made was what stood and the City was just notified as a courtesy. Now the decision is left up to each individual city. Hidden Acres is an infield development with several housing additions that could be affected by a burn permit. The Riverside Department of Public Safety has looked into the issue and does not recommend a burn permit for safety reasons. Instead it is suggested that the vegetation is chipped and taken off site. It is also suggested that the chipping only be allowed Monday through Friday 8 am to 5 pm due to the level of noise it will create. Commissioner Mark Salyer asked for clarification that burning of the vegetation would not be allowed. Miles said that Public Safety does not recommend allowing burning for safety reasons. Miles further went on to explain that the Missouri Department of Natural resources is leaving the discretion up to the City as to allow the burning or not. The City knows its area the best and should be able to decide better on whether to allow burning. Commissioner Salyer asked if the vegetation was chipped if the chips could b e used along the silt fence. Miles replied that the chips could be used there but they would not be allowed to bury because of compaction reasons. Commissioner Snoderley asked if burning regulations need to be included in the UDO. Miles replied that it didn't need to be in the UDO, but some sort of clarification needs to be made in the City's Municipal Codes. Miles went on to explain that the City had just found out today that the Missouri Department of Natural Resources is leaving the decision of issuing bum permits up to the City. Miles also explained that if DKS was to burn the vegetation they would have to rent all the amenities to do it properly. They would be required to have a large blower fan to accelerate the fire and a curtain to direct the smoke and ash. The cost for all this equipment could be close to what is would cost to rent the wood grinder. Mayor Kathy Rose commented that if DKS would be allowed to burn it would take a lot less time. There may be a little smoke and ash, but it will take much less time. The wood grinder will be very loud and have to run much longer. Commissioner Uhl asked what is normally done by other cities in a similar situation. Miles replied that six other cities were called and three allowed burning and three didn't. Commissioner Salyer commented that if the vegetation was not burned then carbons from the burning would not be released into the atmosphere. Commissioner Evelyn Poe asked what the cost of burning was versus the cost of grinding the vegetation. Miles replied that he was not sure what the cost difference was, but DKS would most likely have to rent the equipment for the burning or the grinder and he does not believe that there should be that great of a difference in the price. Commissioner Stephen King commented that at the last meeting a different impression was given as for what was going to occur for the burning. Mayor Rose commented that the burning would be three to four times faster then the chipping. Miles commented that Public Safety recommends that burning is not allowed. Commissioner Raye Sanders commented that if burning was allowed the City would have no control over the weather conditions. Miles replied that the City would have more stipulations on the burning if it were allowed. The City would be able to designate the exact location of the burn pit and all residents within 200 yards would have to be notified and sign a waiver. Commissioner Poe asked how developer T.E. Woods disposed of vegetation from his project. Miles replies that he was not sure Commissioner Sanders replied that she saw them taking the vegetation off site. Chair Snyder asked if the decision was the Commissions to make on whether to allow DKS to burn the vegetation or grind the vegetation. Miles commented that this is all new territory because the Missouri Department of Natural Resources has always made this decision. However, Public Safety does not recommend allowing DKS to burn the vegetation and he does not recommend the burn permit either. Commissioner Aaron Locke asked if there was a set of rules for burning. Miles replied that in the City's Municipal Codes do not have a lot or regulations for burning. Mayor Rose asked if the City's fire department was required to be on standby. Miles replied that there is not an ordinance requiring that the City have the fire department on standby. Chair Snyder asked if the Commission would be setting precedence by what decision it made in this case. Miles replied that burn permits will have to be looked at in a case by case basis and that there are some cases where it should be allowed. Commissioner Poe commented that she would rather have the grinder then the burning. Commissioner Salyer commented that even with all the machines to redirect the smoke and speed up the burning process citizens would still be able to smell the smoke no matter what. Commissioner Locke commented that the loud chipping noise would most likely bother those residence living on Cerrito and that area then those living in Gatewoods because Gatewoods residence are use to the noise from other developers nearby. Commissioner King commented that with the burning the citizens would be less air pollution then from the gas operated grinder, however the grinder is safer, but would create more noise. Miles said that the Commission needed to make a decision on one method or the other and that he believed that the grinder was the safer decision based on the recommendation from Public Safety. Commissioner Locke made a motion to approve DKS LLC land disturbance permit with the provision that all vegetation be ground and hulled offsite only Monday through Friday between the hours of 8 am and 5 pm. Commissioner Snoderley seconded and the motion passes General Discussion Commissioner Ray Uhl asked if the surety of $2,500 was going to be enough. Miles replied that the amount for the surety is based on the amount of dirt being removed from the property. In this case not much will be removed. Commissioner Salyer asked if there was something in the UDO that regulated developers and required mud scraping of their tires. Miles replied that this is something that Jim Haynes, the City's Codes Enforcement Officer struggles with on a daily basis. It is City and Federal law that developers submit an erosion control plan that is looked over by the City Engineer. If a developer is not following what was approved on the submitted erosion control plan then the first offence the developer is cited. The second offence the City will send Public Work out to clean up the road and the developer will get a bill for their work and no further inspections will be done on the development until the bill has been paid. The mud and debris is not just a nuisance, but it also run into drains and causes more oxygen in the water which kills the fish. Adjournment Commissioner Locke motioned to adjourn Commissioner Sanders seconded and the motion passes.