HomeMy WebLinkAbout1008-S.U.P.Encore PropaneBILL NO. 2010-032
ORDINANCE NO. ~QU~
AN ORDINANCE GRANTING A SPECIAL USE PERMIT SUBJECT TO
CERTAIN CONDITIONS TO ENCORE PROPANE FOR OPERATION OF A
LIQUID PROPANE PRODUCT FUEL STORAGE AND BULK DISTRIBUTION
BUSINESS IN THE INDUSTRIAL (I) DISTRICT ON PROPERTY LOCATED AT
6501 NW RIVERPARK DRIVE.
WHEREAS, pursuant to City Code Chapter 400, Section 400.230 of the Unified
Development Ordinance, application no. PC10-04, submitted by Encore Propane, LLC.
requesting a Special Use Permit to operate a liquid propane product fuel storage band bulk
distribution business in the Industrial (I) District on land owned by NASH Gas and
Appliance, Inc. located at 6501 NW Riverpark Drive was referred to the Planning
Commission to hold a public hearing; and
WHEREAS, NASH Gas has consented, in writing, to issuance of a Special Use
Permit for such purposes; and
WHEREAS, after due public notice in the manner prescribed by law, the Planning
Commission held a public hearing on April 8, 2010 and rendered a report to the Board of
Aldermen containing findings of fact 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 April 20, 2010 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 Encore P ropane, LLC. to allow operation of a liquid propane product
fuel storage and bulk distribution business on property located at 6501 NW Riverpark
Drive in the Industrial (I) District, legally described in Exhibit "A" attached hereto, 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 Encore Propane, LLC. with the provision that
the business shall be owned and operated by Encore Propane, LLC., 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. A transfer in ownership of the real estate
from NASH Gas and Appliance, Inc. to Encore Propane, LLC. shall not affect the
validity of the Special Use Permit granted herein.
b. The business shall be operated on the tract set forth in Exhibit "A" and may not
moved to a different location or expanded w ithout first obtaining approval in
accordance with the provisions for special use permits as specified in City Code.
Q:\BOA Packets12010\2010-04-20\2010-032 SUP Encore Propane.doc
BILL NO. 2010-032
ORDINANCE NO.
c. The operation of the liquid propane product fuel storage and bulk distribution
business shall comply with all applicable laws, regulations, and standards of the
City of Riverside, State of Missouri and federal government, including but not
limited to, all adopted building and fire codes. Inspectors of the City, County or
State shall be allowed to inspect the premises at any time during normal
business hours for compliance with all such laws and regulations.
d. The facility must pass an initial fire safety inspection and shall be subject to
annual inspections.
e. The applicant shall install a Knox box and lock system to allow emergency
access to the property as requested by the Riverside Fire Department.
f. The applicant shall provide safety training in safety measures that are applicable
to this facility at least annually for Riverside Police Department and the Riverside
Fire Department.
g. The applicant shall provide a contact name, address and telephone information
fora 24 hour Hazardous Materials Emergency Response Company located in
the Kansas City Metropolitan area under contract for immediate response in the
event of any environmental emergency.
h. The applicant shall add additional landscaping to provide screening on th a north
and east side of the property along Highway 9 where conditions will allow the
installation of such additional landscaping.
i. The applicant shall fence of the site with an approved black powder coated chain
link fence and shall maintain such fencing around the perimeter of the site in
good repair.
j. The applicant shall provide the City with a copy of all soils testing performed on
the site in or near the area occupied by the two main propane tanks and the
former propane exchange building site.
k. The applicant shall remove the 8,000 gallon propane tank from the site within
ninety (90) days following approval of the Special Use Permit or prior to
commencing any distribution operations at the site, whichever comes first.
I. The applicant shall demolish and remove the dilapidated structure on the
property within ninety (90) days following approval of the Special Use Permit or
prior to commencing any distribution operations at the site, whichever comes
first.
m. The applicant shall submit an operations plan for the facility prior to commencing
any distribution operations at the site.
n. The applicant shall submit a description of all environmental reporting
requirements and furnish a copy of all inspection reports to the City of Riverside
within fifteen (15) days of receipt of any such reports or inspections.
Q:160A Packets\201012010-04-20\2010-032 SUP Encore Propane.doc
BILL NO. 2010-032
ORDINANCE NO.
o. The applicant shall provide documentation that the facility is in compliance with
all State and Federal regulations governing the storage and distribution of liquid
propane fuel.
p. The applicant shall comply with all reporting requirements of the Missouri State
Emergency Management Association (SEMA), including but not limited to a Tier
II Report. All such reports shall be filed prior to commencing operation of the
business and shall be updated and maintained annually, or otherwise, as
required by SEMA.
q. The applicant shall not allow the storage of equipment that is not in use and is
past its service life (old propane cylinders, trucks, tanks, and equipment). This
equipment shall be removed from the property within thirty (30) days of being
placed out of service.
r. The applicant shall ensure sufficient area on the property is provided for transport
trucks to safely enter and exit the property off of Highway 9.
s. The property shall be compliant with latest Fire codes prior to commencement of
any business operations.
t. All systems, tanks, loading and unloading equipment shall be upgraded to latest
code requirements as specifically submitted by Encore Propane and approved by
the City of Riverside. This requirement shall apply to all tanks, storage or
distribution systems located on the property, whether utilized by the applicant, or
not. The same system shall be installed and maintained on each of the tanks to
eliminate any confusion as to the operation of such systems.
u. The business shall be operated only as a bulk distribution center. No retail sale
of propane shall occur on the premises.
v. 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.
w. 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.
O:\BOA Packets12010\2010-04-2012010-032 SUP Encore Propane.doc
BILL NO. 2010-032
ORDINANCE NO.
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 f ull 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 Boar of Aldermen dap roved by the
Mayor of the City of Riverside, Missouri, this day of ,
2010.
~'
Kathleen L. Rose, Mayor
ATTEST:
Robin Littrell, ity Clerk
Approved as to form:
omp n, City Attorney
O:\BOA Packets12010\2010-04-2012010-032 SUP Encore Propane.doc
BILL NO. 2010-032
Exhibit A
Legal Description
ORDINANCE NO.
Tract 1: A tract of land In the Northwest Quarter of Section 6, Township 50,
Range 33, Platte County, Missouri, being described as follows:
Beginning at the Northwest corner of the Bald Northwest Quarter; thence South
along the West line of said Northwest Quarter 604.94 feet to a point on the
Northerly right of way line of the Chicago, Burlington and Quincy Railroad; thence
South 65 degrees East along the Northerly right of way Ilne of said railroad 809.18
feet to the true point of beginning of the following described tract, Bald point
being also the intersection of the Northerly right of way Tine of said railroad and
the Southerly right of way line of State Highway No, 45; thence Southeasterly
along the Southerly right of way line of State Highway No, 45, 224,28 feet along a
curve to the left, having a radius of 985.4 feet; thence South 8S degrees 5 minutes
East and tangent to said curve and continuing along the Southerly right of way
line of State Highway No. 45, 663.34 feet; thence Southeasterly and cont(nuing
along said right of way Ilne on a curve to the right, having a radius of 925.30 feet,
an arc distance of 29.33 feet; thence South 25 degrees Wast 289,51 feet to a
point on the Northerly right of way tine of the Chicago, Burlington and Quincy
Railroad; thence North 65 degrees West along the said Northerly right of way Ilne
of the Chicago, Burlington and Quincy Ra(Iroad 868.42 feet to the point of
beginning, except any part in roads.
O:\BOA Packets\2010\2010-04-20\2010-032 SUP Encore Propane.doc