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HomeMy WebLinkAbout2004-09-09 Planning & Zoning Commission Minutes MINUTES PLANNING AND ZONING COMMISSION RIVERSIDE, MISSOURI SEPTEMBER 9, 2004 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, Karen Gordy, Aaron Locke, Shawn Lee, Toni Looker, Evelyn Poe, Harold Snoderly, Barbara Snyder and Ray Uhl. Mayor Betty Burch, Jim Burch, and Jim Smith were absent. Also present was Brent Miles, Community Development Coordinator for the City of Riverside. Minutes Approved Shawn Lee made a motion to approve the minutes of August 26, 2004 seconded by Al Bowman. All voted aye, Aaron Locke and Chairman Barbara Snyder abstained, and the motion carried. Staff Report, Brent Miles Brent Miles, Community Development Coordinator for the City, read Change of Use Permit, his original staff analysis report regarding a change of use permit for 2705 NW Platte Road 2705 NW Platte Road first presented at the August 26,2004 meeting. Applicant, John's Cigarette Outlet, wishes to obtain a permit in order to move from their current location at 2704 NW Platte Road, across the street. John's Cigarette Outlet is a "Cigarettes - Retail" store, which is a permitted use in the "C -1" District. Several issues arose at the last meeting and the change of use permit was tabled. Brent indicated that based on further research and in speaking with the ADA Hotline, staff had determined that ADA compliance is only required under certain occupancy classifications. These occupancy classifications are defined by IBC 2000. Since a remodel was not taking place, and since this business did not met the "assembly" classification, ADA accessible restrooms would not be required, unless City ordinance or policy dictated. Since the restrooms were not to be open to the public, given the criteria above, ADA compliance would not in staffs opinion be required. However, Brent went on to say that the City had in the past required ADA compliance for change of use permits where ADA guidelines would not have required compliance. In other words, the City has been applying standards stricter than the guidelines. He sited several instances over the last several years. Brent indicated that while he still believed the parking lot could be reconfigured to allow for the 25 required parking spaces, this was the site of a firework stand for 2 -3 weeks out of the year and that activity required 15 parking spaces. He raised the question of whether this would necessitate additional capacity. Additionally, the site does not contain a parking space that meets the requirements set forth by the ADAAG Manual regarding persons with disabilities which staff believes one (1)would be required based on assumed intensity. Shawn Lee questioned whether by setting a precedent in past cases, the City had not in effect made a policy. Brent Miles indicated that this was the problem. Toni Looker asked about the size of the restroom facilities and suggested that perhaps if the two were located together they could be combined into one, which is all that is required. Brent indicated that staff had considered that and believed that it might be beneficial if Fred Russell were to visit the facility and evaluate the feasibility. Toni Looker indicated that the City would be hard pressed to make an issue of the use of shared parking during the fireworks season, leaving two issues, ADA restrooms and adequate parking. Chairman Barbara Snyder asked whether there were more questions or whether anyone wanted to make a motion. Toni Looker indicated that based on the information, the Commission had no choice but to table the permit once again and make it a priority for Fred Russell to visit that facility at Mr. Vulgamott's invitation in order to determine whether these issues could be resolved. Shawn Lee suggested that the Commission met again in one week to make a final decision. Aaron Locke suggested that the City should consider making past precedents applied in this area, policy by ordinance, thus making these decisions clear-cut. Toni Looker made a motion to table the change of use permit, seconded by Shawn Lee. All voted aye and the motion passed. Staff Report, Brent Miles Applicant, Riverside - Quindaro Bend Levee District, has submitted site Site Plans and Grading Permits plans and grading plans as the first phase of the construction of Various Locations, See Plans facilities to store the "Stop Logs" used for flood prevention. These logs are 55 lb. aluminum blocks stacked on top of each other and ultimately strapped into place. The locations are generally as follows: • Q0: South of Highway 9 at the western City limits, near McCray Lumber Company. • Q2: South of Highway 9, west of Mattox Road, north of De Conick Road. • Q3A: East of I -635, north of Argosy Parkway, south of BNSF railroad, near the AS &W Building. • R1A: North of Highway 9, east of Riverway Blvd., near Pro Logis facility. Brent Miles explained that the second phase will be the actual building permit for the structures, to be considered at the next regularly scheduled meeting. The separation of this project into phases was due to the contractor wanting to begin work on the site grading and preparation while the final plans for actual construction are being completed. Brent Miles pointed out that the Letter of Map Revision (COMR), currently being considered by FEMA, could not go through without the buildings being completed. The LOMB packet was required to -cotttain an Operations and Maintenance Manual, which references these "Stop Log Structures ". These structures are currently located within a floodplain, but staff recommends approval as their construction is a part of the entire levee system, which will provide flood protection. Additionally, the LOMR will take the building out of the floodplan. Harold Snoderly asked whether the structures were being erected on the wet side or the dry side. Brent Miles indicated that they would be erected on the dry side. Evelyn Poe made a motion to approve the site plan and grading permit, seconded by Harold Snoderly. All voted aye, Shawn Lee and Toni Looker abstained, and the motion passed. General Discussion Brent Miles again reminded the Commission of the MARC Planning and Zoning Workshop to be held on September 29` He pointed out that the Public Safety Grand Opening was also on that day, however, indicated that it should not be a conflict as the opening was planned later in the day. He urged those interested in attending to complete the applications but indicated that there were budgetary constraints limiting the number of members who could attend. The following members indicated their desire to attend: Toni Looker, Barbara Snyder, Shawn Lee, Ray Uhl and Harold Snoderly. Toni Looker and Barbara Snyder indicated that they would be willing to pay their own way if necessary. Brent Miles wanted to review the schedule for meeting dates for the upcoming months due to the holidays. After much discussion, the Commission elected to schedule two each month due to anticipated need with the understanding that should both meetings not be necessary, the second meetings for November and December could be cancelled. The schedule for October, November and December is as follows: October 7 and 21st November 4 and 18 December 2 and 16 Adjournment Shawn Lee moved to adjourn the Meeting, Evelyn Poe seconded and the motion passed. Chairman Barbara Snyder called the meeting to an end at 8:35 pm. Acting Sec4