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HomeMy WebLinkAbout2009-06-11 Planning & Zoning Commission Minutes MINUTES REGULAR MEETING PLANNING AND ZONING COMMISSION RIVERSIDE, MISSOURI Thursday, June 11, 2009 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 called the meeting to order at 7:00 p.m. Answering roll call were Harold Snoderley, Ray Uhl, Al Bowman, Evelyn Poe, Steven Kaspar, Cheryl Melton, Art Homer, Barbara Snyder, and Mayor Kathy Rose. Members absent: Aaron Locke, Stephen King and Alderman Brad Cope. Also present: Jackie Carlson with Shafer, Kline and Warren, Mike Duffy, Director of Community Development and Sarah Wagner, Administrative Clerk. Approval of Minutes from Commissioner Al Bowman moved to approve the minutes of May 14, May 14, 2009 2009. Commissioner Harold Snoderley seconded and the motion passed. Public Hearing Opened Chair Barbara Snyder opened the Public Hearing for a Special Use Special Use Permit for Permit for Eiken Trucking for outdoor storage at 7:02 p.m. Outdoor Storage for Eiken Trucking Mike Duffy, Director of Community Development gave a staff report for a special use permit for Eiken Trucking located at 3339 and 3220 Vivion. He explained that the applicant, Eiken Trucking Inc, has applied for a Special Use Permit pursuant to Chapter 400.580 of the Riverside Municipal Code. This request is for outdoor storage of trucks and related equipment. The outdoor storage will consist of truck and dump trucks related to the business. The area in question encompasses property at 3339 NW Vivion Road and then a piece of property that is leased from Donald Alexander at 3220 NW Vivion Road. The business has operated on the premises for about 4 years without a business license. Staff is uncertain how this situation occurred, specifically on the north, which is zoned CPO and does not permit the use. It is our understanding that similar uses have been present at the site for a number of years prior to Eiken Trucking's use of the property. Due to the uncertain nature of the situation, staff is treating the business as a quasi - grandfathered use /situation. In general, staff supports the approval of Special Use Permits as a way to promote business and manage the intensity of certain uses. This application brings a difficult balancing act to the Planning Commission decision - making process. That is, what has a greater negative- a business that doesn't fit the City's long -term plans for the area, or a vacant building subject to vandalism and neglect? With this in mind staff feels that the mitigating factors in evaluating this request are: • Until such time that the area is redeveloped, it's important to maintain the viability of the City's existing businesses and structures. 1 • The site is located on a dead -end street with little traffic. Staff suggests that if the Planning Commission recommends approval, the following conditions should be attached: • The approval of the permit shall be reviewed 1 year following approval. • The parking or storage of vehicles with hazardous materials, including fireworks, is prohibited. Given the proximity of the site to the nearby nursing homes, the storage of such materials is a public safety risk. • The total number of trucks stored at one time shall not exceed 15. • The following items shall be removed from the site and are not permitted in accordance with the permit: tractors, loaders, and truck frames. • The storage of associated materials shall be limited to an area of 50' x 50' and may only be clean fill dirt or rock. Silt fencing or other sediment and erosion control measures shall be installed and maintained. • The applicant shall come into compliance with all code enforcement issues including: o Scarping and painting all bad surfaces and rusted surfaces. o The raw wood at the front of the door shall be painted. o All contents from the front of the building shall be removed from the site. o All barrels located on the side of the building shall be removed from the site. o Weeds shall be removed and any landscaped areas be maintained. o If a fireplace is not present on site, the pile of firewood shall be removed. Leonard Goldammer addressed the Commission. He explained that he was asked to represent the applicant on this matter. He said that the applicant moved its business to Riverside in 2004 and has worked to clean the property up. They have 50 -75 long time customers and provide a valuable service to the community. Rick Turner of 4707 NW High Drive addressed the Commission. He said that he owns the property across from the Eikens and that they have worked to clean the property up. He said that he is in favor of the special use permit for Eiken. Commissioner Melton asked when the business was incorporated. Goldammer replied that is was incorporated in 2009. Commissioner Melton asked how the business operated before. Goldammer replied that it was a proprietor. Commissioner Melton asked how many of Eiken's customers were from Riverside. Goldammer replied that they have about 4 or 5 Riverside customers and 2 have done work with several contractors on Riverside projects. Commissioner Melton asked what the City thought the timeframe would be for development in this area. Duffy replied that there are no immediate plans for this area. This situation is similar to that of Riverside street where there is a long term plan to develop the area into a office /mixed use type of development, but there are current business operating in an industrial manner. Commissioner Homer asked what the procedure is when it does come time to develop this area. Duffy replied that it can happen in two ways. One way is that the City can come in a purchase the property and work as the developer and the other is that the market push is to develop this area and it is developed that way. Commissioner Melton asked what the number of dump trucks parked on the property was today. Goldammer asked Mrs. Eiken and she replied that there were 14 dump trucks on the property today. Commissioner Homer asked if the applicant would be able to comply with the conditions the City recommend. Goldammer replied that they haven't had a chance to look at all of the recommendations, but would like to be able to keep some of the larger equipment because it is used to work on the trucks. Commissioner Melton asked what equipment they want to keep. Goldammer replied that they use the backhoe and a loader. Commissioner Melton commented that Riverside has made significant improvements within the City and would like to see it keep moving in that direction. She asked what would happen to the special use if the business moved. Duffy replied that the special use would go away with the business, but a similar business could come in and apply for its own special use permit and it would have to be reviewed by the Planning Commission and Board of Aldermen again. This is considered and legal non- conforming use and this use is allowed to continue through various businesses unless the property is damaged beyond 50% or if it sits vacant for 12 months or more without any attempt to market the property. Commissioner Melton asked what the cost for a business license was. Duffy replied that it ranges form $48 -$84. Mayor Rose commented that with this operation the truck will leave in 3 the morning and return in the evening and will just be stored there when they are not working. The site contains and older building, but it is in much better shape than it had been in the past. Commissioner Uhl asked if the building has to meet any city codes. Duffy replied that the City has adopted the 2003 International Business Code and the International Fire Code. Unless they are doing any work to the buildings they do not have to comply with new building code standards. They do have to comply with fire codes and the Fire Inspector does annual inspections of all businesses in Riverside. Commissioner Snoderley asked what type of outdoor storage the applicant was asking for. Duffy replied that the request is for the outdoor storage of equipment associated with their business. Commissioner Poe commented that the property is cleaner then it has been in the past, but if they don't know what else needs to be fixed then they can't do it. Duffy said that the Code's Enforcement Officer commented that the Eikens have always responded to her requests and have worked with her to clean some of the stuff up. Commissioner Snoderley asked about the one year review period. Duffy replied that the Commission can set any time limit that it would like to review the property. Special Use Permits in the past have been reviewed on a yearly basis; some have been granted as open and will remain as long as the business is in operation. He suggested that with this situation the business always be given some sort of review period due to the possibility for redevelopment. Commissioner Melton commented that the dump trucks are very heavy and the lots where they are parked already seem to be eroding. One is paved and the other is gravel. Duffy replied that while the UDO dose requires the storage of equipment to be on a paved surface staff actually prefers that this equipment use what exits. One reason is that if the area is paves it creates an issue with stormwater and the other reason is that when the area is redeveloped there will be a lot of concrete to move. Commissioner Snyder asked about the erosion control and storage of fill dirt. Goldammer replied that they usually do not bring anything back to the sight and nothing is offloaded. Commissioner Poe asked about screening of the property. Duffy replied that not much of the property is visible and there is really 4 no effective screening for the large trucks. Commissioner Melton asked if the City was concerned with the weight of the trucks on the new bridge and streets. Duffy replied that due to a number of reasons the City constructs all of its streets with 11 inches of concrete which is above APWA regulations. The City does not believe that this business will have any impact on the roads or bridges. Commissioner Snyder said that she would like to see a condition that prohibits any major repairs and limits it to normal maintenance. Commissioner Kaspar said that when he went by the site before the meeting he counted 18 trucks parked there. Duffy commented that the staff recommendation for 15 dump trucks was because they wanted to pick a number that so if the business began to grow it would have to find a more suitable location. Commissioner Poe asked if the applicant could comply with everything or if the Commission should increase the number to 20 trucks. Commissioner Homer said that in the spirit of cooperation he would like to see the special use permit approved with allowing 20 trucks stored on the site, three to four months to meet all conditions and a review in one year. Commissioner UhI said that he would like to review the permit in six months. Commissioner Snoderley asked what would keep the business from operating if the City were to deny the special use permit or if it was revoked when it was reviewed seeing the have been operating for several years without a business license. Duffy replied that he has spoken with the City Attorney on what the protocol would be. Mayor Rose said that she would like to see the conditions limit the applicant to 20 pieces of equipment total, which would be trucks, loaders, backhoe, etc. Commissioner UhI asked if the Code Enforcement Officer could work with Eiken on cleaning up the property. Duffy replied that many of the items listed in the conditions came from the Code Enforcement Officer. Commissioner Snyder closed the public Hearing at 8:24 p.m. Commissioner Homer moved to recommend approval of the special use permit for Eiken Trucking at 3339 and 3220 Vivion road with the following conditions: 5 • The approval of the permit shall be reviewed 4 months following approval. • The parking or storage of vehicles with hazardous materials, including fireworks, is prohibited. Given the proximity of the site to the nearby nursing homes, the storage of such materials is a public safety risk. • The total pieces of equipment stored at one time shall not exceed 20. This is to include dump trucks, tractors, loaders, etc. • The following item shall be removed from the site and is not permitted in accordance with the permit: truck frames. • There will be no major maintenance of equipment on the site. Only normal maintenance shall be performed. • The applicant shall come into compliance with all code enforcement issues including: o Scarping and painting all bad surfaces and rusted surfaces. o The raw wood at the front of the door shall be painted. o All contents from the front of the building shall be removed from the site. o All barrels located on the side of the building shall be removed from the site. o Weeds shall be removed and any landscaped areas be maintained. o If a fireplace is not present on site, the pile of firewood shall be removed. Commissioner Poe seconded and the motion passed unanimously. Roles and Responsibilities Jackie Carlson with Shafer, Kline and Warren gave a workshop Workshop presentation to the Commission reviewing the roles and responsibilities of the Planning and Zoning Commission. Duffy gave a workshop presentation on planning and projects in the city. 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