Loading...
HomeMy WebLinkAbout1023 - Special Use Permit,Kelly-Hill Outdoor StorageBILL NO. 2010-047 ORDINANCE NO. /Da3 AN ORDINANCE GRANTING A SPECIAL USE PERMIT SUBJECT TO CERTAIN CONDITIONS TO KELLY-HILL COMPANY FOR OUTDOOR STORAGE IN THE INDUSTRIAL (I) DISTRICT ON PROPERTY LOCATED AT 4100 NW VAN DE POPULIER. WHEREAS, pursuant to City Code Chapter 400, Section 400.580 of the Unified Development Ordinance, application no. PC10-07, submitted by Kelly-Hill Company requesting a Special Use Permit to allow outdoor storage in the Industrial (I) District on land owned by ENG Real Estate, LLC. located at 4100 NW Van de Populier 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 24, 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 July 6, 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 Kelly-Hill Company to allow outdoor storage on property located at 4100 NW Van de Populier 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 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. b. The applicant shall work with City staff to create appropriate screening of the property. c. The applicant shall submit a site plan showing all equipment and materials will be stored on the property. d. The applicant shall work with City Staff to comply with the City's hard surface parking requirements while allowing for the storage to tracked equipment. e. 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 F:\Planning & Economic Development\Planning & Zoning Commission\Planning Commission Cases 20101PC10-07 SUP Kelly-Hill 4100 Van de Pop\2010-047 SUP Kelly Hill.doc BILL NO. 2010-047 ORDINANCE NO. /0 ~3 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 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 and a proved by the Mayor of the City of Riverside, Missouri, this ~- day of , 2010. ATTEST: Robin Littrell, City Clerk Kathleen L. Rose, Mayor Approved as to form: Thom o ,City Attorney F:\Planning & Economic Development\Planning 8 Zoning Commission\Planning Commission Cases 2010\PC10-07 SUP Kelly-Hill 4100 Van de Pop\2010-047 SUP Kelly Hill.doc BILL NO. 2010-047 Exhibit A Legal Description ORDINANCE NO. /0~.3 That portion of Lot 5 of the Plat of the partition of the Estate of George Roberts, deceased, in the Southeast'/4 of Section 6, Township 50 North, Range 33 West of the 5`h PM., now in the City of Riverside, Platte County, Missouri, described as follows: Beginning at a point on the East line of said Southeast'/<that is North, 1365.18 (1365.4 feet by Deed) from the Southeast corner of said Section 5; thence North 410.33 f eet (410.4 feet by Deed) along said East line; thence North 65 degrees 52 minutes 16 seconds West, 376.66 feet parallel with the Southerly right-of-way line of the Chicago, Burlington & Quincy Railroad; thence South parallel w ith the East lien of said Southeast '/.. 410.33 feet; thence South 65 degrease 52 minutes 16 seconds East, 376.36 feet to the point of beginning. Except that part in road. F:\Planning & Economic Development\Planning & Zoning Commission\Planning Commission Cases 2010\PC10-07 SUP Kelly-Hill 4100 Van de Pop\2010-047 SUP Kelly Hill.doc