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Home My WebLink About1221 Damon Pursell Amendment to Special Use Permit BILL NO. 2013 -044 ORDINANCE NO. /a), AN ORDINANCE GRANTING AN AMENDMENT TO A SPECIAL USE PERMIT SUBJECT TO CERTAIN CONDITIONS TO DAMON PURSELL CONSTRUCTION FOR AN ASPHALT, COMPOST, PAVING, SHEETROCK, PAPER AND ALUMINUM OPERATION IN THE INDUSTRIAL (I) DISTRICT ON PROPERTY LOCATED AT 6105 NW RIVERPARK DRIVE. WHEREAS, pursuant to City Code Chapter 400, Section 400.580 of the Unified Development Ordinance, Application #PC13 -12, submitted by Damon Pursell Construction Company, requesting an amendment of a Special Use Permit to allow an asphalt, compost, paving, sheetrock, paper and aluminum operation in the Industrial (I) District on land owned by Damon Pursell Construction Company located at 6105 NW Riverpark Drive was referred to the Planning Commission to hold a public hearing; and WHEREAS, after due public notice in the manner prescribed by law, the Planning Commission held a public hearing on June 13, 2013 and rendered a report to the Board of Aldermen containing findings of fact and a recommendation that the Special Use Permit be approved as amended; and WHEREAS, after due public notice in the manner prescribed by law, the Board of Aldermen held a public hearing on June 18, 2013 and, based upon all of the information presented, find it is in the best interest of the citizens of the City of Riverside to approve said amendments to the Special Use Permit subject to certain terms and conditions as set forth herein; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: SECTION 1 — GRANT OF SPECIAL USE PERMIT. That the Special Use Permit granted to Damon Pursell Construction Company to allow an asphalt, compost, paving, sheetrock, paper and aluminum operation on property located at 6105 NW Riverpark Drive in the Industrial (I) District, is hereby approved, subject to the conditions set forth herein. SECTION 2 — CONDITIONS OF APPROVAL AND OPERATION. That the following conditions of approval shall apply and be followed during the operation of the business allowed by this Special Use Permit. a. The business shall be operated on the property described above and may not be moved to a different location or expanded without first obtaining approval in accordance with the provisions for special use permits as specified in City Code. b. The Special Use Permit is issued to Damon Purcell Construction Company only with the provision that the business shall be owned and operated by Damon Purcell Construction Company, who shall be responsible for its operation. The Special Use Permit granted herein is not transferable and any change in ownership or control of the business requires issuance of a new Special Use Permit. c. The issuance of the Special Use Permit does not relieve the applicant from following all other applicable codes and laws of the City of Riverside or other BILL NO. 2013 -044 ORDINANCE NO. /CW governmental agency. This permit does not relieve the applicant from submitting necessary site plans or applying for all necessary building permits, electrical permits, sign permits, or occupation license required by City Code. The conditions set forth in this permit shall have precedence where such conditions are more restrictive than those set forth in City Code. d. No noise, smoke, radiation, vibration, concussion, heat, glare, dust, fly ash, gas or other substances that are toxic, caustic, or injurious to humans or property to be produced at this site. e. Hours of operation shall be limited to between the hours of 8:00 am and 5:00 pm Monday through Friday with periodic hours of operation allowed on weekends in connection with special clean -up events. SECTION 3 — FAILURE TO COMPLY. The Riverside Planning and Zoning Commission shall review the Special Use Permit for compliance from time to time. Failure to comply with any of the conditions or provisions contained in this ordinance shall constitute a violation of both this ordinance and the City's Unified Development Ordinance and shall also be cause for revocation of the Special Use Permit granted herein in addition to other penalties which may be contained in the City Code. SECTION 4 — SEVERABILITY CLAUSE. The provisions of this ordinance are severable and if any provision hereof is declared invalid, unconstitutional or unenforceable, such determination shall not affect the validity of the remainder of this ordinance. SECTION 5 — EFFECTIVE DATE. This ordinance shall be in full force and effect from and after the date of its passage and approval. BE IT REMEMBERED that the above was read two times by heading only, passed and approved by a majority of the Board of Aldermen d approved by the Mayor of the City of Riverside, Missouri, this n - day of i[ � 2013. Kathleen L. Rose, Mayor ATTEST: • ers /. ,// • kpbirrLittreil, ity Clerk - • . . ,. , - 1- .... - ' '. N - i - - . . . "- • . : ..1 .... - :..- -'• .L 1 • !, It , , . -- .,., . ilt - ,, '''• , . ,..- . ' P.r.. ..: ' • • . . . t .-e'r, . • - - i .. ,. . ,' . . 4-4, ■ ...A ' .. . - .'... ',. ' A ‘., • , : . '' - - ,- ' • ' " !. ... ..- .. .1k pr l' r / • _U ,. . . i 1 I I ., . . i 0 . • . .... , :.,..• !.. • • I. • . 1 --- i:-4: •cz,- ,4,. , . . ---1 , . • --.I • . A .. r P: .......„..1..Aa.1•4--A_____ , • i ... . • . ' • , .,',.. \ ( . . . - — • . .. . . . . . . . . , . . . . , . , . , , ' • . i . . r , , 4. • • li0 . • , 4 . , .• , . ...- ../ . . , • • ... r .. v., ...•,. noel : \* . •' - •• N. ,•.- ,.. 44,t‘ , ,, , . . . .„.. \ . 11' ' . - - - -,'IrtA • . , _ . • . " • i . .r. - .. AL. . • :, . ; , .e -.-• '' - - • - _, .4 '- 'it - f :. ';'- ... . .. , . -, r . t... 'IC . .• ... - _ ... - :-: , _ • - , CITY OF City of Riverside RIVERSIDE Staff Analysis Report Case Number PC13 -12, Special Use Permit — e'"eMISSOURI Damon Pursell Construction, Asphalt, Compost & Paving Operation General Information Applicant: Damon Pursell Construction Location: 6105 NW Riverpark Drive Requested Action: Consider expansion of services of a Special Use Permit (SUP) to allow paper, sheetrock and aluminum operations. Zoning: GP -I: General Planned Industrial Existing Land Use: Damon Pursell Construction, Asphalt, Composting & Paving Operation Proposed Land Use: No change Project Description The Planning Commission approved a Special Use Permit for an asphalt, compost and paving operation in 2005 for Damon Pursell Construction. The Board of Alderman approved the SUP with the condition that yearly reviews occur. The application was reviewed and approved in 2006, 2007 and 2011. In 2011 the Planning Commission and Board of Aldermen approved allowing the SUP to continue without annual review as long as there continues to be no code violations. At this time the applicant is requesting to expand the services they offer to include the recycling of paper, sheetrock and aluminum. The expansion does not include any physical expansion; all operations will be contained within the existing site. The applicant will continue to operate 8 a.m. to 4 p.m. Monday — Friday with some weekend hours for special clean-up events. They provide yard waste recycling to all Riverside residents. To date the applicant has had no code violations. Recommendation Staff supports the continuation of the Special Use Permit and additional services with no added conditions and no annual review as long as they continue to have no code violations. Page 1 of 1