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HomeMy WebLinkAbout2005-04-28 Planning & Zoning Commission Minutes MINUTES PLANNING AND ZONING COMMISSION RIVERSIDE, MISSOURI April 28, 2005 The Planning and Zoning commission for the City of Riverside, Missouri, met in regular session in the Board of Aldermen Chamber at City Hall, 2950 NW Vivion Road, Riverside, Missouri. Chairman Barbara Snyder called the meeting to order at 7:30 p.m. The following members were present: Al Bowman, David Hurt, Aaron Locke, Evelyn Poe, Harold Snoderly, Barbara Snyder and Ray Uhl. Mayor Betty Burch, Shawn Lee, and Toni Looker were absent. Also present were Brent Miles, Community Development Coordinator for the City of Riverside and Fred Russell, Codes Enforcement Officer for the City of Riverside. Minutes Approved Evelyn Poe requested the minutes from April 14, 2005 be corrected for a typographical error in the spelling of her name. Harold Snoderly made a motion to approve the minutes of April 14, 2005, as corrected, seconded by Aaron Locke. Evelyn Poe abstained. All others voted aye and the motion carried. Public Hearing Opened Chairman Snyder opened the Public Hearing at 7:32 p.m. to consider Rezoning of Property rezoning of Property from R -1 Single Family Residential to a Multi - "Tract 2" Briarcliff Development Family Planned Development for property generally referred to as "Tract 2" of Briarcliff Development. Brent Miles indicated that the applicant, Briarcliff Development Company, had withdrawn the application for rezoning. Noting that there were several residents in attendance, he asked that they please sign in on the sheet provided in case the application should come again before the Commission. He also indicated that he could provide any interested residents with a copy of the withdrawal. Brent further explained that while notifications would normally have been sent to residents living within 185' of the proposed rezoning, after publication of the hearing, the withdrawal of the application had rendered the rezoning moot and therefore those notifications were not sent. He also pointed out that this notification, required by law, would only cover seven or eight residences within the Indian Hills subdivision. Chairman Barbara Snyder closed the Public Hearing at 7:35 p.m. Alderman Ron Super, in the audience, asked that the Commission consider hearing the comments of the residents, despite the withdrawal of the application for rezoning. The Commission agreed and the Public Hearing remained open. Dan Connell, 4514 NW Apache, Riverside, MO informed the Commission that a meeting had been held several months ago on this very same issue and that at the time no one thought that this was a good idea. He indicated that he heard of the application through Harold Snoderly and he had missed the published notice. Elizabeth Linzay, 830 NW Valley Lane, Riverside MO, asked the Commission why the citizens had to keep coming forward to express their views on the multi - family zoning issue. Chairman Snyder and Brent Miles explained that all applications had to be addressed before the Planning & Zoning Commission. As long as applications were being made for multi - family developments, the issue would continue to be heard and the citizens would have the opportunity to express their views on the issues. Later in the proceedings, Ms. Linzay asked what percentage of the City's population was currently living in multi - family dwellings. Brent Miles responded that the latest statistics showed that 60% resided in apartment /multi - family dwellings. Mike Fuller, 4423 NW Indian Lane, Riverside, MO, stated that at the previous meeting, attendance was three to four times that currently present and the consensus was that they were adamantly opposed to multi - family dwellings in the Indian Hills subdivision. Later in the proceedings, Mr. Fuller complained that developers were tearing up the newly resurfaced road now with their heavy equipment. John Wheeler, 900 NW Valley Lane, Riverside, MO, stated that no one reads the Platte County paper and that Alderman Ron Super had informed him. Brent Miles stated that the law required them to publish in a paper of general circulation and notify all residents within 185 feet of the proposed rezoning. Since Riverside does not have its own paper, the Dispatch is used to satisfy the legal requirement. Brent Miles clarified that the earlier meeting was not a city sanctioned event but rather organized by the developers in order to obtain the input of the residents of the area. City meetings that night had prevented attendance by many of the board and other city staff members. Brent suggested that the Commission might wish to recommend to the Board of Aldermen that, using the 2004 Platte County records, all residents of the Indian Hills subdivision be notified of any rezoning issues that might arise in the future. This list could be provided to the Aldermen serving those citizens in order that they might provide better notification even though the City could not provide special notification beyond the legal requirement. Bryce Wilson, 4517 NW Apache Drive, Riverside, MO, asked it staff knew why applicant had withdrawn their application. Brent Miles indicated that he did not know. He further indicated that the planned development for Tract 2 did call for mixed use and that the residents were apt to see an application for rezoning again in the future. He indicated that the first phase called for approximately 20 new single - family dwellings on the eastside of Valley Lane. Chairman Barbara Snyder thanked those that had expressed their opinions and indicated that the Commission would recommend to the Board of Aldermen that a list of residential owners be provided to the two Aldermen serving this district in order to allow for a better notification in the event of future rezoning applications. The public hearing was closed at 7:50 p.m. Public Hearing Opened Chairman Snyder opened the Public Hearing at 7:52 p.m. to consider Special Use Permit a special use permit for "Asphalt, Compost and Paving Operation at Asphalt, Compost and 6105 Riverpark Drive, the former Scherer Truck site that was Paving Operation destroyed in the May 2003 tomado. Brent Miles presented a staff 6105 NW Riverpark Drive report. The applicant, Damon Pursell Construction, is wishing to obtain a "Special Use Permit" for an "Asphalt, Compost and Paving Operation to be located at 6105 NW Riverpark Drive. The operation will be south of the former Scherer Truck building that was demolished. The operation consists of two areas that will be used for asphalt/concrete crushing and one area to be used for composting. The project consists of these operation aspects, incorporates two ten foot berms with landscaping to help provide a buffer, and includes a temporary scale house, an area for vehicle tracking control, a drainage holding basin and two security gates. Staff has followed requirements of a "Public Hearing" including notification in a paper of general circulation and notification of all property owners within 185 feet of the proposed project. Brent Miles submitted at list of eight items that he believes the Commission should consider when addressing this request. The items to be considered included aesthetics, timeframe, including subjection to an annual review, safety and traffic concerns, the proposed trail system, location in the floodplain, location in the Levee Critical Zone, and other permits, including environmental. Mike Pursell of Damon Purse]] Construction was available to answer questions of the citizens and/or the Commission. Ray Uhl wanted a picture or other description of the operation and expressed concerns with aesthetics. Mike Pursell described it as a recycling operation for asphalt and concrete. He indicated there would be a "no bury" policy, with concrete crushed down to a usable size for reuse as fill. The company is working with Transystems to design a method to extract the metal (rebar), which would then be containerized for further recycling. There were no plans for an asphalt plant. The company currently operates a similar operation off I-435 and Bannister and has received no complaints. Dust has not been a problem due to the fact that the concrete is kept wet during crushing. Evelyn Poe questioned the amount of truck traffic. Mr. Pursell responded that the old Scherer Truck operation averaged 140 -155 trucks per day. The plans currently estimate approximately half that volume, with 70 -80 for this project. He stressed there would be no more traffic than there had been in the past. Mr. Pursell stressed that this operation afforded many benefits: These recycling activities prolong the life of metropolitan area landfills, protect the environment by not burying old materials, and preserve natural resources through reducing the need for further extraction of gravel and other materials. He indicated this was the future. He stressed the goal of being a good neighbor and indicated he would work with the City on their clean-up campaigns. In addition, he suggested that future plans could include some type of Retail Sales operation of landscaping items, compost, and mulch. Aesthetic concems were to be addressed by the berms, which were to be landscaped. Harold Snoderly questioned the decibel reading on the crusher to be used in the operation. Mr. Pursell indicated they were operated at 88 decibels within 10 feet, which is within the 105 decibels limit set by OSHA. David Hurt asked Mr. Pursell if he would mind being a neighbor of such an operation. Mr. Pursell answered no and suggested that the fumes from the Tank Farm in the area would be worse than any noise or dust problems created by this operation. Al Bowman asked how high the piles of concrete to be recycled would become before crushing. Mr. Pursell indicated anywhere from 12 1/2 feet to 30 feet, again not as tall as the tanks in the neighboring operation. Chairman Barbara Snyder at 8:23 p.m. asked if there were any comments or questions from the audience. Mr. Coleman from Intercontinental Manufacturing asked Mr. Pursell what drive the trucks would be using in the operation. Mr. Pursell indicated it would be the drive west of the one used by Scherer Truck. Mr. Coleman indicated that Intercontinental worried about the operation limiting access to their building if they were using the other drive. Aaron Locke asked what measures would be taken to provide a safe environment for users of the trail system adjacent to the operation. Mr. Pursell indicated they would be willing to provide fencing if deemed necessary. Brent indicated the Commission should stipulate in their recommendation for approval that applicant work with Platte County on any concems regarding the trail. Barbara Snyder asked if applicant was willing to limit hours of operation. Mr. Pursell indicated he would rather work to be a good neighbor and reminded the Commission that he was fully aware of the annual review on this permit. Brent Miles stressed the concern for the health, safety and welfare of the citizens. Mr. Pursell indicated that they would work to minimize hauling during the hours of concern. Aaron Locke asked Brent Miles if the City granted this permit and no asphalt plant was put in, whether a later applicant might be able to put one in. Brent indicated that the special use permit applied only to the original applicant. He indicated that while this type of operation was not the most aesthetic, it did provide for a productive use of the land, which due to its location in the flood plain had a very limited use. Due to continued aesthetic concerns, the Commission and Mr. Pursell agreed to table the public hearing until the next regularly scheduled meeting and arrange for a visitation to the site and to a similar operation. Aaron Locke made a motion to table, seconded by Evelyn Poe, all voted aye and the motion carried. The public hearing closed at 8:35 p.m. Old Business - Change of Use Applicant, Mike Manning, is applying for a change of use permit from Permit, Mike Manning a former training facility used by Argosy Casino, classified as Business 2970 NW Platte Road Group -B, 2003 IBC to Retail Sales of 1.4G Fire Works, classified as Mercantile Group M, 2003 IBC. The remodeling entails removal of all interior non - bearing partitions, leaving two existing code - standard restrooms and one small office enclosure, installation of two new handicap assessable exit doors, installation of emergency illumination and exit marking signs, and the installation of check out counters. Fred Russell presented the staff report indicating that the building would conform to all codes and regulations and recommending approval of the change of use permit. Harold Snoderly questioned whether this was a year round wholesale operation or one that would operate only during the limited fireworks season. Fred indicated that there were only two licensed wholesale operations and this would be a retail operation open from June 20 to July 5 and on New Year's Eve. He indicated that applicant was trying to purchase the building and wanted assurance of approval for the change of use prior to actual purchase. Mike Manning, 5378 Log Road, Polo, MO was available for questions. He indicated that he had operated at a previous location with no citations or violations, and was looking for a new location since the old one had been lost to road reconstruction. Brent Miles agreed that the City had had no issues with Mr. Manning's previous fireworks operations, adding that he was one of the few that there were no issues with. David Hurt made a motion to recommend approval of the change of use permit, seconded by Al Bowman. All voted aye and the motion carved. Building Permit Brent Miles indicated that this item would need to be tabled until the Strait Builders next regularly scheduled meeting because final plans had not been Brenner's Ridge completed. Aaron Locke made a motion to table this item, Harold Snoderly seconded, all voted aye and the motion carried. Change of Use Permit Applicant, Everyday Designs, is wishing to obtain a change of use Pro Logis for Everyday Designs permit. Everyday Designs would be considered a "Wholesaling 412 NW Business Park Lane Business" and a "Business Office, both being permitted uses in the "I -1" district. Applicant meets all the code requirements of the City of Riverside and staff recommends approval. Aaron Locks made a motion to recommend approval of the change of use permit, David Hurt seconded, all voted aye and the motion carried. General Discussion Brent Miles turned the general discussion to the topic of change of use permits and the desire to change these types of permits to an administrative function not requiring Commission or Board of Aldermen approval. He presented sample wording, stressed that there were many safeguards in place and that the same review would apply as the ones that are currently being used by staff. Barbara Snyder questioned what recourse an applicant would then have should staff deny the change of use permit. Discussions offered two alternatives. The first would be for the applicant to take the matter to the Board of Zoning & Adjustment; the other alternative would be to allow denied applicants to then go to the Commission and the Board of Aldermen. Brent indicated the fmal wording would be ready at the next regularly scheduled meeting. Once the Commission was satisfied, a public hearing would be held, code amendment presented and then the item would go to the Board of Aldermen for their approval. Brent pointed out that the code had recently been updated on the website. Adjournment Ray Uhl moved to adjourn the meeting, Al Bowman seconded, all voted aye and the motion passed. Chairman Snyder called the meeting to an end at 9:08 pm. �Aa PIL•11 _ Acting Set