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Home My WebLink About2004-08-26 Planning & Zoning Commission Minutes MINUTES PLANNING AND ZONING COMMISSION RIVERSIDE, MISSOURI AUGUST 26, 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. Acting Chairman Mayor Betty Burch called the meeting to order at 7:30 p.m. The following members were present: Al Bowman, Mayor Betty Burch, Karen Gordy, Shawn Lee, Toni Looker, Evelyn Poe, Harold Snoderly, and Ray Uhl. Jim Burch, Aaron Locke, Jim Smith and Chairman Barbara Snyder were absent. Also present was Brent Miles, Community Development Coordinator for the City of Riverside. Minutes Approved After amendment of the minutes to record the absence of Karen Gordy, Shawn Lee made a motion to approve the minutes of August 12, 2004 seconded by Evelyn Poe. All voted aye, Mayor Betty Burch and Karen Gordy abstained, and the motion carried. Staff Report, Brent Miles Brent Miles, Community Development Coordinator for the City, gave Change of Use Permit, his staff analysis report regarding a change of use permit for 2705 NW 2705 NW Platte Road Platte Road. 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. The proposed site contains twenty legal parking spaces meeting the criteria of "not within 15 feet of the right of way" based on the design of the road currently under construction. After a meeting with the owner, Mr. Bernie Vulgamott, earlier in the day, it was preliminarily determined that the three existing uses in the complex combined with the new use would require 25 spaces. 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 would be required based on assumed intensity. Concerns also arose from the fact that the current space, while providing two restrooms, does not have an ADA accessible restroom. Brent Miles indicated that staff believes that the parking lot could be reconfigured to satisfy the requirement for 25 legal parking spaces with provision for a handicapped accessible parking place. However, staff is not recommending approval of the change of use permit until further analysis and study can be performed to ensure all parking and ADA requirements are met. Brent indicated that the City understood Mr. Vulgamott's concerns regarding the loss of time and that City staff would be willing to work with him to resolve any issues. Ray Uhl questioned whether it was necessary for all retail establishments to provide public restroom facilities and Mr. Vulgamott asked whether the City required public restrooms in all retail facilities. Ray Uhl asked whether the establishment could just state "no public" restrooms in order to be in compliance. Evelyn Poe agreed that there were probably some retail establishments that would not need public restrooms. Brent indicated that it might not be necessary. He indicated that he had a call into the ADA hotline in order to obtain clarification of the parking and restroom issue. Evelyn Poe asked if when staff calculates square footage for determination of the parking requirements, is consideration given to actual storage versus retail space with each tenant and whether this would make a difference. Brent indicated that it might lessen the number of legal spaces required, however, he pointed out that he had rounded down in all his preliminary calculations. Ray Uhl asked Mr. Vulgamott whether he believed the renter would be agreeable to postponing his move from across the street until the middle of September. Mr. Vulgamott indicated he probably would, however, stressed that he would be losing rent and might possibly loss the renter. He indicated that he was willing to do whatever it took to satisfy the ADA requirements but he pointed out that should an ADA accessible restroom be required, it was uncertain whether there would be enough room to accommodate those types of changes. Shawn Lee stressed that he did not want any person living in or visiting the City of Riverside to be denied access to any service or facility. Mayor Betty Burch asked for staff recommendations based on the discussions. Brent Miles indicated staff believes the issues are too overwhelming to recommend approval at this time, pointing out possible redesign and building permit issues. Shawn Lee pointed out that even if a ramp would not be required, the curb cut and redesign would require a site permit. Shawn Lee made a motion to table the change of use permit, seconded by Mayor Betty Burch. All voted aye and the motion passed. Staff Report, Brent Miles Applicant, Holliday Sand, wishes to obtain a building permit in order to Building Permit for a fence erect a five (5) foot high, green chain link fence on the western border 3501 NW Zeke Road of their property, which abuts E. H. Young Riverfront Park. The proposed fence would run north to south approximately one thousand fifty (1,050) feet along the eastern border of E. H. Young Park. Current fencing at the Park consists of green metal tubing. The proposed fence is located six (6) feet from the northern corner pilaster of City fence. Brent Miles explained to the commission that this proposal had first been taken to the Park Board for their comments. The Park Board had asked that the two fences not be connected in order that patrons of the park could be afforded the opportunity to retrieve any sporting equipment that might fall onto the Holliday Sand property. He indicated that the board was in favor of the green chain link fencing, believing the matching green was crucial for aesthetics. Staff recommends approval of the permit. Ray Uhl asked what the purpose of the fence was if there was to be an opening at the end. Brent explained that while the purpose of the fence was to alleviate concerns of patrons regarding the safety of children in the park and the potential dangers of the mining activity, the opening was at the end away from the playground and equipment used by the younger children, explaining that the opening was at the end where the patrons were older. Toni Looker made a motion to approve the building permit for a fence, seconded by Karen Gordy. All voted aye and the motion passed. Staff Analysis, Brent Miles Brent Miles explained that the applicant, David Blackburn, wishes to Building Permit obtain a building permit in order to add a 12x8 section to the 4313 NW 52 ° ' Street previously approved 12x20 deck. Brent expressed David's apologizes for not being able to attend the commission meeting. Ray Uhl asked whether the addition was being constructed of the exact same materials. Brent indicated that it was and indicated that the original deck completed earlier this summer looked very nice. Staff recommends approval. Shawn Lee made a motion to approve the building permit, seconded by Ray Uhl. All voted aye and the motion passed. General Discussion Brent Miles informed the commission that the Codes Inspector position at the City had been filled. Fred Russell, Codes Inspector, started on August 24, 2004. Brent indicated Fred was doing well and that he would be bringing 33 years of experience to the position. Brent Miles indicated that the Public Safety Grand Opening had been set tentatively for September 20. He pointed out that the MARC Planning and Zoning Workshop was also on that day. The workshop consists of an all day training covering several topics related to the Planning & Zoning Commission. He urged those interested in attending to complete the applications. Adjournment Shawn Lee moved to adjourn the meeting, Al Bowman seconded and the motion passed. Mayor Betty Burch called the meeting to an end at 8:11 pm. 4 •-yal.. t . ItEA Acting Sec �l: