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Home My WebLink About1404 Special Use Permit Filger Oil Co.Existing Pole Sign Modifications BILL NO. 2015-031 ORDINANCE NO. I'ZI4041 AN ORDINANCE APPROVING MODIFICATIONS TO AN APPROVED SPECIAL USE PERMIT TO FILGER OIL CO. FOR AN EXISTING POLE SIGN ON PROPERTY LOCATED AT 2806 NW VIVION ROAD WHEREAS, pursuant to City Code Chapter 400, Section 400.580 of the Unified Development Ordinance, Application#PC15-09, submitted by Filger Oil Co., requesting modifications to an approved Special Use Permit to allow a 2'X6' electronic message board at 2806 NW Vivion Road 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 April 9, 2015 and rendered a report to the Board of Aldermen containing findings of fact and a recommendation that the modified Special Use Permit be approved; and WHEREAS, after due public notice in the manner prescribed by law, the Board of Aldermen held a public hearing on April 21, 2015 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 Special Use Permit; 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 Filger Oil Co. to allow the replacement of a 2.5' x 8' message board with a 2'X6' electronic message board 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 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 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. 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. BILL NO. 2015-031 ORDINANCE NO. 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 and pproved by the Mayor of the City of Riverside, Missouri, this day of 2015. D Kat leen L. Rose, Mayo 'ATTEST: 4Robitr , Cit Clerk I-b I � � S V T -� cs _ f g� DiG (T►',L pNc- 5io�.h� (�►RW�1S}� f- 7. TOUCHLESS AUTOMATIC , •,:.. � 2.19' - J 2.48 r n CITY OF City of Riverside R�VERS Staff Analysis Report Case Number PC 15-09, Special Use Permit Upstream from ordinary. 2806 NW Vivion Road General Information Applicant: Filger Oil Co. Location: 2806 NW Vivion Road Requested Action: To consider modifications to an existing Special Use Permit to allow changes to a pole sign. Zoning: Cl- Commercial Existing Land Use: Car Wash Procedure: In accordance with Section 400.230 of the Unified Development Ordinance(UDO), amendments to existing special use permits follow the procedure for a special use permit. Therefore, the procedure for a special use permit is a public hearing before the Planning Commission and the Board of Aldermen after notification has been given in a paper of general circulation at least 15 days before the hearing date and property owners within 185' of the subject property have been notified of such hearing. These requirements have been fulfilled on this application. Proiect Description The applicant is requesting modifications to an existing Special Use Permit to allow changes to an approved pole sign. On February 13, 2003 the Planning Commission recommended approval of a special use permit for a 6' x 8' sign on a 9' pole with a vote of 5-4. On February 18, 2003 the Board of Aldermen held a public hearing for this request and approved the request for a special use permit unanimously.The constructed sign as provided by the applicant is 8' X 8' sign with a 2.5' x 8' message board under. Staff is unsure why there is a discrepancy between what was approved and what was actually constructed. The applicant is now requesting a modification to the existing sign by removing the 2.5' x 8' double sided message center on the bottom of the sign and replacing it with a 2' x 6' single sided electronic message center. Analysis In 2006 the City adopted the Unified Development Ordinance with specific sign code regulations. As the sign sits it is a legal nonconforming use. The UDO specifically states that pole signs are not a permitted use and as businesses request new signs the pole signs have been replaced with monument signs that comply with current regulations. In an effort to unify the overall look of the City, staff has been reluctant to support any changes to legal nonconforming structures as any added investments in the nonconformity decreases the likelihood that nonconformity will come into compliance. The Comprehensive Master Plan calls for an enhanced downtown streetscape that led the purpose presented in the adopted sign code with the intent of the provisions to preserve or enhance the character and scenic vistas of the City by authorizing the use of signs which are compatible with their surroundings, appropriate to the activity to which they pertain, are expressive of the identity of individual activities and the community as a whole, and are legible in the circumstances in which they are seen. With these goals in mind it has led to the UDO prohibiting pole signs. Page 1 of 2 Attachments - Existing Sign Photo - Existing/Proposed Sign Sketch Page 2 of 2 MINUTES REGULAR MEETING PLANNING AND ZONING COMMISSION RIVERSIDE, MISSOURI Thursday,April 9, 2015 6:30 p.m. The Planning and Zoning Commission for the City of Riverside, Missouri, met in regular session at Riverside City Hall, 2950 NW Vivion Road, Riverside, Missouri. Chair Al Bowman called the meeting to order at 6:30 p.m. Answering roll call were Al Bowman, Ray Uhl, Harold Snoderley, Mike Soler, and Steven Kaspar. Also present: City Planner Jackie Carlson and Community Development Assistant Sarah Wagner. Members absent were Stephen King, Mike Lombardo,Jim Frakes, Art Homer and Mayor Kathy Rose. Approval of Minutes of Commissioner Snoderley moved to approve the minutes of March March 26, 2015. 26, 2015, seconded by Commissioner Uhl. Motion passed 5-0. Public Hearing- SUP 2806 Chair Bowman opened the public hearing at 6:30 p.m. NW Vivion Road- Sign City Planner Jackie Carlson gave an overview of the request for modifications to an approved special use permit to replace a 2.5'x8' message board with a 2'x6' digital message center. Carlson explained that the original request was approved by special use permit in 2003 so any modifications must come back before the Planning Commission. She said that the current UDO does not allow pole signs so this sign is a legal nonconforming use. The UDO also states that you cannot add to nonconformity, but it does not address if you are decreasing the nonconformity. The commissioners discussed the sign and the applicant was present to answer questions. Chair Bowman closed the public hearing at 6:44 p.m. Commissioner Uhl moved to recommend approval of the modifications to the Special Use Permit at 2806 NW Vivion Road for the existing pole sign to the Board of Aldermen, seconded by Commissioner Kaspar. Motion passed 5-0. Adjourn Commissioner Snoderley moved to adjourn at 6:48 p.m. Commissioner Soler seconded and the meeting was adjourn 5-0. 1 Sarah Wagner Community Development Y 2