HomeMy WebLinkAbout2003-057 - Extension of Moratorium on Applications and the Issuance of Building and Grading PermitsBILL NO. 2003-57
ORDINANCE NO. 2003-57
AN ORDINANCE FURTHER EXTENDING THE SEPTEMBER 3, 2002,
MORATORIUM, RE-EXTENDED ON DECEMBER 3, 2002 AND ON
FEBRUARY 27, 2003, PLACED ON THE ACCEPTANCE OF
APPLICATIONS FOR AND THE ISSUANCE OF BUILDING PERMITS
AND GRADING PERMITS FOR USE IN CERTAIN DISTRICTS ZONED
"GP" WITHIN THE CITY OF RIVERSIDE, MISSOURI
WHEREAS, the City of Riverside, Missouri (the "City") has promulgated certain zoning
regulations and restrictions through a zoning overlay district known as "GP" in zoning districts
"I" Industrial Districts.
WHEREAS, the City is teaming with other government agencies to construct a levee
which will protect a large portion of developable land in the GP zoning district, more specifically
that area of the GP district which lies South of Highway 9, East of the City limits and West of
Highway 169, bordered on the South by the Missouri River (the "Development Area").
WHEREAS, the Development Area is also the subject of on-going plans and discussions
between the City and developers regarding a master plan for development of the Development
Area.
WHEREAS, the Development Area does not have a master drainage plan by which to
address the drainage issues in that area.
WHEREAS, in order to properly consider, study and refine a drainage plan for the
Development Area, and to prevent unplanned development in the Development Area which may
hinder or obstruct such a drainage plan, the City, at the September 3, 2002 Board of Aldermen
meeting, placed a ninety (90) day temporary moratorium on the acceptance of applications for,
and the issuance of, building permits and grading permits for use in the Development Area.
WHEREAS, because, near the expiration of the moratorium period, the master drainage
plan study was underway but not complete, and because the City had selected a developer to
complete a master plan for the Development Area, but such master plan was not yet complete,
and in order to continue the proper consideration, study and refinement of the drainage plan for
the Development Area, and to prevent unplanned and/or incompatible development which would
hinder or obstruct the drainage plan, the City, at the December 3, 2002 Board of Aldermen
Meeting, extended for ninety (90) days the temporary moratorium on the issuance of building
permits and grading permits for use in the Development Area.
WHEREAS, as the expiration of the extended moratorium neared, the master drainage
plan study's preliminary results had been distributed, but the final results and findings had not
been determined, and thus neither a master drainage plan nor an ordinance implementing the
same had been created or finalized, the Board of Aldermen, at its February 27, 2003 meeting,
extended the temporary moratorium on the issuance of building permits and grading permits for
use in the Development Area to June 4, 2003.
WHEREAS, as the expiration of the second extension of the temporary moratorium
nears, the City and the Board of Aldermen has review and analyzed, but not finally adopted, and
ordinance addressing drainage and storm water management in the Development Area, partly
due to on-going negotiations with certain developers regarding the master development of the
Development Area and also due to related proposals for modifications to the zoning regulations
of the same.
WHEREAS, in order to continue and ensure the proper consideration, study, refinement
and finalization of an ordinance instituting a comprehensive plan for drainage and storm water
management in the Development Area, and to prevent unplanned and/or incompatible
development which may hinder or obstruct the drainage plan, the City desires to extend, to June
18, 2003, the temporary moratorium on the issuance of building permits and grading pern~its for
use in the Development Area, which it put into place at the September 3, 2002 Aldermen
meeting and extended at the December 3, 2002 Aldermen meeting and the February 27, 2003
Aldermen meeting.
NOW, THEREFORE, be it ordained by the Board of Aldermen for the City of Riverside,
Missouri, as follows:
Section 1. No building permits or grading permits shall be issued for any property in any
district zoned GP and which lies South of Highway 9, East of the City limits and West of
Highway 169, and which is bordered on the South by the Missouri River, in the City of Riverside
(the "Development Area"), until June 18, 2003, or until such earlier date as the Board of
Aldermen, in its sole discretion, may determine. The Riverside Planning Commission shall not
consider or review any building permit or grading permit for any property in the Development
Area until June 18, 2003 or until such earlier date as the Board of Aldermen, in its sole
discretion, may determine.
Section 2. Notwithstanding the provisions of Section 1 above, during the extended
moratorium period the Board of Aldermen, in its sole and absolute discretion, may consider and
grant permit requests if such requests concern construction or grading for the purpose of
ameliorating or avoiding a condition which would threaten or endanger the public health, safety
or welfare, including emergency conditions.
Section 3. Any applications for building or grading permits submitted during the period of
this moratorium and/or during any further extension of this moratorium shall be subject to and
approved or denied pursuant to the applicable provisions of the City Code and other regulations,
restrictions and policies of the City in effect upon the expiration or termination of the
moratorium.
Section 4. This ordinance shall take effect immediately.
Passed this 3rd day of June, 2003.
Mayor
ATTES
C Y CLERK