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HomeMy WebLinkAbout1885 Granting special use permit for Thompson GasBILL NO. 2022-063 ORDINANCE NO. AN ORDINANCE GRANTING A SPECIAL USE PERMIT SUBJECT TO CERTAIN CONDITIONS TO THOMPSON GAS FOR OUTDOOR STORAGE OF A TEMPORARY SHELTER IN THE INDUSTRIAL (1) DISTRICT ON PROPERTY LOCATED AT 3001 NW PLATTE ROAD. WHEREAS, pursuant to City Code Chapter 400, Section 400.230 of the Unified Development Ordinance, application no. PC22-12, submitted by Thompson Gas. requesting a Special Use Permit for outdoor storage of a temporary shelter in the Industrial (1) District on land located at 3001 NW Platte 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 December 8, 2022 and rendered a report to the Board of Aldermen containing findings of fad and a recommendation that the 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 December 20, 2022 and, based upon all of the information presented, find it is in the best interest of the citizens of the City of Riverside to grant said 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 a Special Use Permit is hereby granted to Thompson Gas to allow outdoor storage of a temporary shelter on property located at 3001 NW Platt Road in the Industrial (1) District, subject to the conditions set forth in Section 2. 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 Special Use Permit is issued to Thompson Gas with the provision that the business shall be owned and operated by Thompson Gas, 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. b. The business shall be operated 3001 NW Platte Road and may not 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. c. The shelter must be placed behind the 18,000-gallon propane tank. d. The shelter shall not exceed 12 feet in height. e. Thompson Gas must obtain a building permit to place the temporary shelter. 0:00A MswingstBOA Packetst202212022-12-20t2022-063 Ord SUP Thompson Gas.doc BILL NO. 2022-063 ORDINANCE NO. f. The shelter must be replaced with a permanent structure meeting current building and fire codes within 18 months of the issuance of the building permit for the temporary structure. g. The shelter structure shall be white or similar in color to match the 18,000- gallon propane tank to minimize visibility and blend with the surroundings. h. 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. That 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 and approved by the Mayor of the City of Riverside, Missouri, this 20th day f December 2022. Rathleen L. Rose, M yor :%ATTEST; .� } 'f3obir,'1SNi3KincaiQ„QJy Clark 0 WA Meetings%BOA Padwts@022@022-12-2018022-063 Ord SUP Thompson Gas.doc CITY Of City of Riverside RIVER51 Staff Analysis Report M ISSOURI up reamer mo,e�1wa. Case Number PC22-12, Special Use Permit Amendment Thompson Gas, Temporary Shelter General Information Applicant: Thompson Gas Location: 3001 NW Platte Road Requested Action: To consider amending their Special Use Permit (SUP) to allow the placement of a temporary shelter for filling propane. Zoning: I -Industrial Existing Land Use: Thompson Gas moved to its Riverside location in 2018. Previously the property sat vacant after Brace Integrated Services moved out in 2017. Thompson Gas operates a propane facility that provides propane delivery to construction sites and other uses. Proposed Land Use: The land use will remain as a propane fuel operation. Procedure: In accordance with Section 400.410 of the Unified Development Ordinance (UDO), a special use permit is required for the type of temporary shelter covering they are requesting. Therefore, the procedure for this special use permit is a public hearing before the Planning Commission and the Board of Aldermen. At least 15 days prior to the hearing notification was given in a paper of general circulation and to property owners within 185 feet of the subject property. Proiect Descrintion The applicant, Thompson Gas, has applied to amend their Special Use Permit pursuant to Chapter 400.410 of the Riverside Municipal Code. This request is to allow a temporary shelter structure behind their large filling tank to protect employees and equipment from the elements while they are filling propane tanks before delivery. The applicant approached corporate about installing a permanent shelter for filling, but they are requiring another year of good performance before they will consider this. In the short tern, the applicant would like to put up a temporary metal canopy to protect employees and equipment. This will be located behind the 18,000-gallon filling tank and almost completely screened from public view. The applicant is requesting the allowance of this temporary shelter for 18 months to ensure time to get a permanent shelter designed and constructed. Analysis Section 400.180 (Q) of the UDO stated that in considering any application the recommending and decision -making bodies shall give consideration to the criteria below, to the extent they are pertinent to the particular application. The bodies may also consider other factors that may be relevant to a particular application. 1. The impact the proposal would have on the general health, safety and welfare of the citizens of the City. Page I of 4 The addition of a temporary metal shelter for a propane facility will likely have little to no impact on the general health, safety and welfare of the citizens of Riverside. 2. Whether the proposal is consistent with the intent and purpose of this Chapter. The request to amend the applicant's special use permit is consistent with the intent and purpose of Chapter 400, Unified Development Ordinance. The applicant is asking to modify a special use permit that was approved in 2018 to allow them to temporarily have a metal shelter, that would otherwise not be permitted, for a set amount of time until the business is allowed by corporate to construct a permanent shelter that will have to comply with all city regulations. 3. Whether the proposal is consistent with the Comprehensive Master Plan and other adopted planning policies. The Comprehensive Master Plans identifies this area for future redevelopment, however there are no current plans. The city has adopted temporary uses for other areas to accommodate business growth. The Horizons PD was amended to allow temporary gravel parking for business experiencing rapid growth. 4. Whether the proposal is consistent with the City Municipal Code and other adopted policies. Riverside Municipal Code allows for the issuance of special use permits on a case by case basis with approval by the Planning Commission and Board of Aldermen. 5. The extent to which public facilities and services are available and adequate to meet the demand generated by the proposal. The request to amend a special use permit to allow for a temporary metal shelter will not place any additional demand on public facilities or services. 6. The recommendation of professional staff. Staff supports and recommends approval of the amendment to the special use permit for Thompson Gas to allow the temporary installation of a metal shelter with the flowing conditions. a. The shelter must be placed behind the 18,000-gallon propane tank b. The shelter shall not exceed 12 feet in height. c. The applicant must obtain a building permit to construct the temporary shelter. it. The shelter must be replaced with a permanent facility or be removed with in 18 months of the issuance of a building permit. e. The applicant will get a shelter structure that matches or compliments the white of the 18,000-gallong propane tank to minimize the visibility and help the structure blend in with its surroundings. 7. The precedents and the possible impact of such precedents that might result from approval or denial of the application. The City has set a precedence of approving temporary, nonconforming uses for business experiencing growth. Riverside has a history of being a pro -development city and supporting existing businesses. 8. The character of the surrounding neighborhood. Page 2 of 4 The surrounding neighborhood is all zoned I Industrial and several businesses in the area are metal buildings, have similar metal shelter structures, and/or have outdoor storage. The temporary metal shelter will have a similar fit and feel to the surrounding neighborhood. 9. The existing and any proposed zoning and uses of adjacent properties and the extent to which the proposal is compatible with the adjacent zoning and uses. The request for a temporary metal shelter in an Industrial zoned area is compatible with the adjacent uses. Several other properties in this area have similar storage structures that are legal non -conforming uses. 10. The extent to which the proposal will impact the property and neighboring property. This is a request for a temporary use that will only be in place for a set amount of time. In addition, there are several other similar structures in the area. Neighboring properties have been notified of this request and so far, none have come forward with concerns. 11. The suitability of the property for the uses to which it has been restricted under the existing zoning district regulations. This property has historically been zoned for industrial use and the request is appropriate for this zoning and the overall nature of the area. 12. The length of time, if any, the property has remained vacant as zoned. Before Thompson Gas moved to this property in 2018 the property was vacant for approximately one year. 13. The economic impact of the proposal on the community. The request for a temporary metal shelter will have no impact on the community. 14. The extent to which there is a need for the use in the community. Thompson Gas has been a good community partner for the city, and they some several job sites and businesses in the Kansas City area. 15. Whether the proposal is made necessary because of changed or changing regulatory requirements, social values, new planning concepts of other social or economic conditions. It is necessary for the applicant to request an amendment to their approved special use permit to allow this temporary metal shelter. The city has no provision for this type of temporary request, however other temporary uses have been approved through the special use permit process. In addition, due to current economic conditions, the applicant is not able to construct a permanent shelter facility at this time. The proposed shelter is an interim solution. Recommendation In general, staff supports the approval of Special Use Permits as a way to promote business and manage the intensity of certain uses, therefore staff recommends approval of the Special Use Permit with the following conditions: Page 3 of 4 a. The shelter must be placed behind the I8,000-gallon propane tank b. The shelter shall not exceed 12 feet in height. c. The applicant must obtain a building permit to construct the temporary shelter. d. The shelter must be replaced with a permanent facility or be removed with in 18 months of the issuance of a building permit. e. The applicant will get a shelter structure that matches or compliments the white of the 18,000-gallong propane tank to minimize the visibility and help the structure blend in with its surroundings. Page 4 of 4