BILL NO:_______________
ORDINANCE NO:_______________
AN ORDINANCE AMENDING EXHIBIT 410-A AND CHAPTER 440 OF THE MUNICIPAL
CODE OF THE CITY OF LAKE LOTAWANA, MISSOURI REGARDING SUPPLEMENTAL
CONDITIONS AND BUSINESS REGULATIONS FOR ASPHALT PLANTS.
BE IT ORDAINED BY THE BOARD OF ALDERMEN FOR THE CITY OF LAKE
LOTAWANA, MISSOURI, as follows:
Section 1. That Exhibit 410-A of the City of Lake Lotawana Municipal Code is hereby
amended to include the following:
Exhibit 410-A:
Authorized Uses
Zoning Districts
Use Category
Definition
Specific Use Type
ER
LDR
MDR
LR
THR
NC
HC
OTC
-Quarry
-Sand or Gravel
Excavation
-Substantial Land
Alteration
-Asphalt Plant
OZ
OZ
OZ
OZ
OZ
OZ
N
N
OZ
OZ
OZ
OZ
OZ
OZ
OZ
OZ
C
C
C
C
C
C
C
C
C
C
C
N
C
C
C
C
OTHER:
Excavation
Activities
Section 2. That Section 440.11 of the Municipal Code of the City of Lake Lotawana is hereby
amended to read as follows:
SECTION 440.11
EXCAVATION AND SUBSTANTIAL LAND ALTERATION
ACTIVITIES – OVERLAY DISTRICT – QUARRY/SAND & GRAVEL & ASPHALT
PLANTS
HH. Asphalt Plants
1) Applicability. This section applies to any business that manufactures asphalt,
concrete or other form of coated roadstone (aka blacktop) either in batches (Batch
Plant) or continuously (Drum Plant), to include both “asphalt plants” and “concrete
plants.” Such use is intended to be located near quarries, sand or gravel excavation
activities since sand and aggregate are the main components to making asphalt.
Excavation and substantial land alteration activities that occur and result in said
material being transported to or used by an asphalt plant are subject to the
requirements of Section 440.11.
2)
Purpose and Intent. The purpose and intent of this section is:
(a) To protect the health, safety and welfare of the citizens of the City of Lake
Lotawana and to preserve the quality of life, the economy, infrastructure,
environment, natural resources and natural landscapes;
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(b) To protect the environment of the City and to protect its residents from the
harmful or hazardous effects of, or nuisances resulting from degradation of air
quality, stormwater runoff, ground and subsurface water quality, visual quality;
adverse noise and vibration; adverse traffic and road conditions; and any adverse
effects of processing materials;
(c) To establish regulations and performance standards to ensure maximum
protection to surrounding properties through the use of buffering, setbacks, visual
screening, proper access routing, operating times and appropriate noise, vibration,
air quality and water quality controls; and
(d) To ensure that all manufacturing activities are compatible with City, County,
regional, state and federal regulations regarding emissions, pollution prevention, air
quality, hazardous waste, storm water and wastewater management.
(e)
That no conditional use permit be effective after January 15, 2029, which is
the date by which quarrying within the Quarry Operations Area must terminate,
pursuant to Section 2.3 of the Settlement Agreement dated June 24, 2004 by and
between the City and Barber and Sons, Co. et al.
3)
Conditional Use Permit Required. Asphalt plants shall only be permitted to operate
in the Quarry Operations Overlay zoning district after obtaining a conditional use permit,
which shall not exceed two (2) years in duration. Conditional Use Permit application fees
shall be as provided in Section 500.095(2.5). Asphalt plants shall be set back at least 1,500
feet from the boundaries of the Quarry Operations Overlay zoning district.
4)
Other Required Permits. It is the sole responsibility of the Applicant to secure all
additional permits required by other governmental entities for the proposed use, and to
provide the City with a copy of all such required permits.
5)
Criteria for Considering a Conditional Use Permit Application for an Asphalt Plant.
In considering an application for a conditional use permit for an asphalt plant, the Board of
Aldermen may give consideration to the criteria stated in Section 405.30.D.2 as well as the
following criteria:
(a)
The manufacturing and selling of asphalt will not result in a danger to life or
property due to (a) unsafe access to the property, (b) excessive traffic; or (c)
proximity to existing or planned residential areas, parks and roadways;
(b)
Visual, noise, dust, emissions and/or excessive on – or- off-site
environmental impacts on public parks, roadways and residential areas can be
adequately mitigated by the Applicant and a fully detailed plan is submitted by the
Applicant to demonstrate the mitigation methods to be used, the cost of such
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mitigation, the source of funds for such mitigation, and adequate legal assurance that
all of such mitigation activities are carried out;
(c)
The use of trucks and heavy equipment will not adversely impact the safety
and maintenance or cause excessive congestion of public roads providing access to
the site, or such impacts will be mitigated;
(d)
The proposed use will not adversely affect air quality or ground water or
surface water quality;
(e)
The use and enjoyment of adjacent properties will not be adversely affected;
(f)
Compatibility with existing and future development pursuant to the
Comprehensive Plan;
(g)
Site plan provides for buffers and/or screening year round from asphalt plant
operations;
(h)
The proposed use will not result in the disturbance of a natural habitat
community; and
(i)
The proposed activity will minimize impacts on wetlands and other natural
features affecting groundwater or surface water quality.
6)
Required Plans and Information. An application for a conditional use permit shall
include the following information, in addition to all other requirements of these regulations,
which may be submitted in written and/or graphic form:
(a)
Site Plan;
(b)
Traffic Plan;
(c)
Mitigation Plan setting forth how the Applicant will control visual, noise,
dust and/or excessive on-or-off-site environmental impacts on public parks,
roadways and residential areas (see Section 440.11.HH.5(b) above);
(d)
Drainage Plan;
(e)
Signage Plan;
(f)
All permits and certifications required by the Missouri Department of
Natural Resources to operate an asphalt plant;
(g)
Other plans and/or information, as may be reasonably requested by staff, the
Planning and Zoning Commission or the Board of Aldermen.
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7)
Site Plan. The site plan shall show the following:
(a)
Size, use and location of existing and proposed structures and storage areas;
(b)
Location of proposed and existing drives, parking areas, traffic access points,
signalization, deceleration lanes and alternative access routes;
(c)
Property lines, platted setback lines, and lot dimensions;
(d)
Buffers, landscaped areas and fences;
(e)
Drainage information as to on and off-site flows sufficient to demonstrate
compliance with the improvement requirements of these regulations and other laws
and regulations; and
(f)
Signage and lighting.
8)
Performance Standards for Operation of Asphalt Plant. The following minimum
operation/performance standards shall apply to asphalt plants unless otherwise specified:
(a)
Hours of operation for asphalt plants shall be limited to the hours of 6 a.m. –
6 p.m., Monday through Saturday. Hours and days of operation may be further
extended by the Board of Aldermen, taking into account whether work activity is
required in connection with a contract that requires evening or night work activity
(subject to the City verification) provided that there is reasonable notice to the City.
(b)
To the extent possible, designated truck routes shall be used for all hauling as
well as for all access to and from the site. Any ingress to and egress from the Quarry
Operations Area, as defined in the Settlement Agreement attached to Resolution No.
04-01, should occur from U.S. Highway 50, unless access is denied by MoDOT,
then best efforts will be made to relocate ingress to and egress from the Quarry
Operations Area to the right-of-way which has previously been dedicated to
MoDOT and is located on Missouri Highway 7 closer to U.S. Highway 50 than the
access that existed there in 2004. All other routes and access shall be approved by
the Board of Aldermen.
(c)
Stormwater runoff, erosion and sedimentation shall be controlled by a
Drainage Plan submitted to the City Planning and Zoning Administrator by the
Applicant and approved by the City’s Engineering firm. The Plan shall address the
compatibility of the proposed use with adopted City drainage or stormwater policies
applicable to the area.
(d)
The Applicant shall provide signs on the property and along haul routes
where deemed necessary to promote the safety and general welfare of the
neighborhood and general area.
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(e)
Operations shall maintain compliance with local and state standards for
emissions, pollution prevention, air quality control, backflow prevention, hazardous
waste, storm water and wastewater management. Each year the Applicant shall
provide the City Planning and Zoning Administrator with documentation showing
that the asphalt plant is in compliance with all local, State and Federal standards.
(f)
Adequate dust control methods, such as periodically spraying the property
with water, shall be implemented. Roadways adjacent to the property shall be swept
and cleaned on an as needed basis and, in addition, when directed by the City
Planning and Zoning Administrator as being necessary.
(g)
Adequate perimeter protection shall be provided to restrict unauthorized
access by individuals or vehicles to assure public safety.
(h)
Any lighting on the property shall be directed away from adjacent property
so as not to create visual glare or nuisance on adjacent property.
(i)
The property shall be screened on all property lines by an approved twentyfive (25) foot wide land form buffer, bufferyard, or screen wall/fence. The Board of
Aldermen may require additional landscaping or screening where the Board
determines that it is necessary to prevent negative impact on adjacent properties or
rights-of-way.
(j) Periodic Inspection. An asphalt plant shall be inspected for performance standard
adequacy, as such standards are denoted in Section 440.11.HH(8). Such inspection
shall be performed within timeframes as established in the issuance of the
Conditional Use Permit. A report of the findings of such inspection shall be
submitted to the Zoning Administrator to verify the conditions found. The report, to
be performed at the asphalt plant’s expense, shall be certified by a professional
engineer registered to practice in the state, as approved by the City. The report shall
state whether, in the opinion of the professional engineer, the asphalt plant is
operating in conformance with the performance standards of this Ordinance and any
conditions imposed in the issuance of the Conditional Use Permit.
9)
Revocation of Conditional Use Permit. Any conditional use permit issued by the
City pursuant to the provisions of these Regulations may be suspended or revoked pursuant
to Section 405.30.
10)
Transferability. Any conditional use permit issued pursuant to this section shall be
personal to the grantee, and therefore nontransferable.
11) Penalty. A violation of this Section 440.11.HH, or of any ordinance adopted issuing
a Conditional Use Permit issued pursuant to this Section, shall be punishable as set forth in
City Code Section 100.220.
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Section 3. That should any sentence, clause, part or provision of this Ordinance be
declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity
of the Ordinance as a whole, or any part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall be in full force and effect from and after it passage
and approval.
Section 5. That all ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed.
PASSED THIS ____ DAY OF _________ 2012, BY THE BOARD OF ALDERMEN OF THE
CITY OF LAKE LOTAWANA, MISSOURI.
Approved this ______ day of ________, 2012.
___________________________________
Mayor
Attest:
_____________________________
City Clerk
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