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HomeMy WebLinkAbout1182 Rezoning General Planned Industrial to Planned Development DistrictBILL NO. 2013 -005 ORDINANCE NO. I I g �q- AN ORDINANCE AUTHORIZING AND GRANTING A REZONING OF PROPERTY GENERALLY DESCRIBED AS WEST OF NW MATTOX ROAD AND SOUTH OF NW 43 STREET FROM "GP -1 GENERAL PLANNED INDUSTRIAL" TO "PD PLANNED DEVELOPMENT DISTRICT" IN ACCORDANCE WITH THE PROVISIONS OF THE UNIFIED DEVELOPMENT ORDINANCE FOR THE CITY OF RIVERSIDE, MISSOURI AND APPROVING PLANNED DISTRICT DEVELOPMENT STANDARDS IN CONNECTION THEREWITH WHEREAS, Application PC13 -02 submitted by NorthPoint Development, LLC on behalf of Horizons West Land, LLC ( "Applicant ") requesting a change in zoning from "GP -1 General Planned Industrial' to "PD Planned Development District" on land located generally west of NW Mattox Road and south of NW 43 Street and legally described in Exhibit "A" attached hereto (the "Property ") 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 January 24, 2013, wherein it considered and reviewed the request of the Applicant and rendered a report to the Board of Aldermen recommending that the zoning change requested be approved together with planned district development standards for Horizons West Planned Development District; and WHEREAS, after due public notice in the manner prescribed by law, the Board of Aldermen of the City of Riverside, Missouri at its regular meeting on February 5, 2013 held a public hearing regarding the rezoning request of Applicant; and WHEREAS, the Board of Aldermen, after considering the evidence presented during such public hearings, has determined adoption and approval of the rezoning and planned district development standards for Horizons West Planned Development District to be in the City's best interest and to promote the public health, safety and welfare; NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside, Missouri, as follows: SECTION 1 — REZONING OF PROPERTY. The property located generally west of NW Mattox Road and south of NW 43` Street and legally described in Exhibit "A" attached hereto (the "Property") is hereby rezoned from "GP -I. General Planned Industrial District" to "PD Planned Development District ". SECTION 2 — APPROVAL OF PLANNED DISTRICT DEVELOPMENT STANDARDS. The planned district development standards for Horizons West Planned Development District set forth in Exhibit "B" are hereby approved. Development of the Property shall be subject to and comply with the Horizons West Planned Development District standards together with all other provisions set forth in the City Code and Unified Development Ordinance of the City of Riverside. Approval of the Horizons West Planned Development District does not relieve the Applicant from following all other applicable codes and laws of the City of Riverside or other governmental agency, nor does it relieve the applicant from submitting necessary site plans or applying for all necessary building permits, electrical permits, sign permits, or occupation licenses required by City Code. The standards set forth in the Horizons West Planned Development District 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 BILL NO. 2013 -005 ORDINANCE NO. City's Unified Development Ordinance in addition to other penalties which may be contained in the City Code. SECTION 4 — EXECUTION OF DOCUMENTS. The Mayor shall have authority to take such actions to execute such documents as she shall deem reasonably necessary to carry out the provisions and intent of this ordinance. SECTION 5 — 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 6 — 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 majorityg f the Board of Id rmen and APPROVED by the Mayor of the City of Riverside, Missouri, this � day of 2013. Mayor Kathleen L. Rose ATTEST: City Clerk AS TO FORM: City Attorney BILL NO. 2013 -005 ORDINANCE NO. 1 EXHIBITA LEGAL DESCRIPTION TRACT l: The Southeast Quarter of the Southwest Quarter of Section 6, Township 50 North, Range 33 West, Riverside, Platte County, Missouri. TRACT 11: A tract of ground 25 feet in width described as follows: Commencing at the Northwest corner of the Northeast Quarter of Section 7, Township 50 North, Range 33 West, Riverside, Platte County, Missouri, thence South along the centerline of said Section 7, a distance of 25 feet; thence East along a line parallel to the North line of said Section 7 to the West right of way line of Mattox Road; thence North along the West right of way line of Mattox Road to the North line of Section 7; thence West along the North line of said Section 7 to the Point of Beginning. TRACT 111: A tract of ground 25 feet in width described as follows: Commencing at the Southwest corner of the Southeast Quarter of Section 6, Township 50 North, Range 33 West, Riverside, Platte County, Missouri, thence East along the South line of Lots 1 and 2 of Partition Plat of the George Roberts Estate (located in the East 1 /z of Section 6, Township 50 North, Range 33 West) to the Southeast corner of Lot 2 of said Partition Plat of George Roberts Estate, said point being the right of way of Mattox Road; thence North along the East line of said Lot 2 of the Partition Plat of the George Roberts Estate, 25 feet; thence West along a line parallel to the South lines of said Lots 1 and 2 of the Partition Plat of the George Roberts Estate (which said South line runs along the South line of Section 6) to the West line of Lot 1 of said Partition Plat of the George Roberts Estate (which said West line runs along the North -South centerline of Section 6) thence South along the West line of said Lot 1 of the Partition Plat of the George Roberts Estate to the Point of Beginning. TRACT IV A tract of ground 25 feet in width described as follows: Commencing at the Northeast corner of the Northwest Quarter of Section 7, Township 50 North, Range 33 West, Riverside, Platte County, Missouri, thence South along the centerline of said Section 7, a distance of 25 feet; thence West along a line parallel to the North line of said Section 7, a distance of 50 feet; thence North along a line parallel to the centerline of said Section 7 to the North line of said Section 7, thence East along the North line of said Section 7 to the Point of Beginning. TRACT V. That part of Lots 1 and 2 of the Partition Plat of the George Roberts Estate, located in the East Half of Section 6, Township 50 North, Range 33 West, Riverside, Platte County, Missouri, bounded as follows: Beginning at the Southwest corner of said Lot 1 and running thence North along the West line of said Lot 1, 1428.7 feet, thence East in a line parallel to the South line of said Section 6, 1024.4 feet to the East line of said Lot 2; thence South along the East line of said Lot 2, 1428.7 feet to the Southeast corner of said Lot 2; thence West along the South line of said Lots 1 and 2, the same being also the South line of said Section 6, 1019.7 feet to the Point of Beginning, EXCEPT the South 677.84 feet of said Lots 1 and 2, the Partition Plat of the George Roberts Estate. ALL EXCEPT that portion of the above described tract which was conveyed to the Riverside— Quindaro Bend Levee District of Platte County, Missouri for roadway purposes. BILL NO. 2013 -005 ORDINANCE NO. I l8 :)-- ALSO LESS AND EXCEPT THE FOLLOWING DESCRIBED REAL PROPERTY AS CONVEYED TO THE CITY OF RIVERSIDE, MISSOURI BY RIGHT OF WAY DEED RECORDED MAY 31, 2012 AS INSTRUMENT NO. 2012007768 IN BOOK 1191 AT PAGE 579: All that part of the Southeast Quarter of Section 6, Township 50 North, Range 33 West, in the City of Riverside, Platte County, Missouri, described as follows: COMMENCING at the Southwest corner of the Southeast Quarter of Section 6, Township 50 North, Range 33 West; thence South 89 degrees 23 minutes 51 seconds East along the South line of the Southeast Quarter of said Section 6 a distance of 989.93 feet to a point on the Southerly prolongation of the West right of way of Mattox Road; thence North 0 degrees 15 minutes 59 seconds East along the West right of way line of Mattox Road and its prolongation a distance of 677.77 feet to the POINT OF BEGINNING; thence North 89 degrees 25 minutes 07 seconds West a distance of 54.46 feet to a point, thence North 0 degrees 33 minutes 14 seconds West a distance of 99.86 feet to a point; thence South 89 degrees 23 minutes 59 seconds East a distance of 42.92 feet to a point; thence North 23 degrees 42 minutes 07 seconds East a distance of 20.04 feet to a point; thence North 0 degrees 15 minutes 59 seconds East a distance of 569.54 feet to a point; thence North 19 degrees 00 minutes 26 seconds West a distance of 24.49 feet to a point on the South right of way line of 43 Street; thence South 89 degrees 23 minutes 59 seconds East along the South right of way line of 43` Street a distance of 13.08 feet to a point on the West right of way line of Mattox Road; thence South 0 degrees 15 minutes 59 seconds West along the West right of way line of Mattox Road a distance of 710.87 feet to the POINT OF BEGINNING and containing 8,730 Square Feet or 0.200 Acres, more or less. BILL NO. 2013 -005 ORDINANCE NO. 11g -- EXHIBIT "B" Horizons West Planned Development District A. Building Lines. There shall be no minimum front and rear setback requirements for the Planned Development. Building separation shall be a minimum of twenty (60) feet and separation of buildings will be required to meet minimum separation standards governed by the adopted building code of the City. Building setbacks shall be set by final development plan and where applicable final plat. B. Building Materials and Construction. All buildings and other structures within Horizons West Business Park shall be constructed of attractive exterior sides of high quality materials including masonry, concrete, glass, and metal (when used in an incidental role). Specific materials which will be excluded include exposed (i) galvanized metal facades, (ii) non - decorative cinder or concrete block, and (iii) double T concrete panels. Exterior mechanical or electrical equipment, including, but not limited to, HVAC equipment shall be so placed or screened that the predominant design lines of the building or structure continue without visual distraction or interruption. If the function of the building or structure dictates placement of such equipment in such a manner or location that the building exterior walls themselves are unable to screen the equipment from view of adjacent existing or proposed streets or highways, they must be separately screened using materials compatible with the approved building materials with use of a an appropriately designed parapet wall and the height of such screening shall be equal to the height of the equipment to be screened; or with acceptable landscaping. Accessory buildings, enclosures, appurtenant structures to, or extrusions from, any building or structure shall be of similar or compatible materials, design and construction or shall be so located as to be substantially screened from public rights of ways. C. Building Material Colors. Color of materials used on the construction of all buildings, enclosures, and appurtenant structures shall be consistent throughout the entire development and will present a predominantly warm earth tone appearance. Exact color palette and materials will be approved by final development plan. D. Parking. Employee, customer, owner or tenant parking shall be the responsibility of the property owners and they shall provide all necessary parking facilities entirely on their property. Parking on private or public streets or highways within the subject property is expressly prohibited. All parking areas and drives and access shall be paved with an impervious surface equal to asphalt or concrete and maintained by the owner in a well -kept condition. Each parking space provided shall be designated by lines painted on the paved surfaces and shall be adequate in area, generally spaces will be sized nine feet wide by eighteen feet long (9' x 18') when a curb abuts and nine feet wide by twenty feet long (9' by 20') when not abutting a curb. Adequate off - street parking shall be provided by each Owner and tenant for its customers, employees and visitors; and the parking ratios will be provided in the preliminary development plan and will be reviewed and approved by the City. E. Off - Street Loading. Provision for handling all truck service must be totally within the building site. Docks and loading areas facing non - industrial uses within the development shall be screened in accordance with the landscape provisions described in the PD regulations. All loading areas shall be paved with an impervious surface equal to asphalt or concrete. All side and rear BILL NO. 2013 -005 ORDINANCE NO. I IS a- loading service areas shall be properly screened from view from all existing or proposed streets, roads, or highways by walls, earth berms, and /or plant material. F. Outside Storage and Equipment. Outside storage areas are not permitted within the Planned Development unless specifically identified and approved as part of the final development plan. This regulation does not apply to the customary trailer parking activities associated with tenants inside the Planned Development. Each Owner and tenant shall keep its premises, buildings and improvements and appurtenances in a safe, sightly, clean, neat and wholesome condition, and shall comply in all respects with all governmental, health and police requirements. Each Owner and tenant shall remove, at its own expense, any rubbish or trash of any character which may accumulate on its property and shall keep unlandscaped and landscaped areas neat and well- maintained. Rubbish and trash shall not be disposed of on the premises by burning in open fires or incinerators. All rubbish and trash containers shall be properly screened by an appropriate enclosure. G. Permanent Park Signage. No sign shall be erected, placed or otherwise installed upon a Building Site or affixed to a Building, structure, or other improvement erected on a Building Site until the plans for such sign shall have been approved by the City. Flashing or moving signs shall be prohibited. Product or service replicas or models shall be prohibited, unless allowed per the Unified Development Ordinance, and the location, size, design and color of all signs must be in keeping with the character of the Park. I. Park Directional Signs. Park Directional Signs shall be utilized to identify buildings address, name of business, and in appropriate cases logos of the company occupying. Each building shall be permitted to have a Park Directional Sign, each with a maximum sign face of twenty (20) sq.ft. 2. Building Facade Signs. Building Facade Signs shall be attached to the building to identify individual businesses and shall be approved as a component of the Final Development Plan. Each individual tenant may have a maximum of two (2) walls signs per building, with a maximum of one (1) sign per side of building. The maximum sign face per sign shall be one - hundred twenty (120) square feet, except for tenants that occupy a single building the maximum sign face per sign shall be one - hundred fifty (150) square feet. For signs with one line of copy, the maximum letter height shall be sixty (60) inches per letter. For signs with two lines of copy, the maximum letter height shall be forty -eight (48) inches per letter. 3. For Sale or Lease Signs. A temporary wood, metal, or plastic sign may be erected on a developed building site to offer the property for sale or lease. One (1) such sign, having a maximum area of thirty -two (32) square feet for buildings less than 50,000 square feet, forty -five (45) square feet for buildings more than 50,000 square feet but less than 150,000 square feet, and sixty (60) square feet for buildings more than 150,000 square feet. 4. Temporary Signs. Paper signs, stickers, transfers, signs printed or affixed to, or visible through the windows, doors or exterior walls of a building or other signs of a temporary character or purpose, regardless of the composition of the sign or the materials used therefore, are expressly prohibited. BILL NO. 2013 -005 ORDINANCE NO. LLg L 5. Construction Signs. A temporary wood, metal, or plastic sign will be allowed during the construction of a building project. Such signs may be either single or double faced with each face having a maximum area of sixty square feet for building sites, less than five (5) acres and eighty square feet for building sites of five (5) acres or more. All signs permitted under this provision will be removed immediately upon issuance of an occupancy permit for any building constructed on the site. H. Landscaping. All open areas on any building site not occupied by buildings, storage, parking, access roads and loading shall be suitably graded with a slope not to exceed 4:1 to allow for mowing, and drained and shall be maintained in lawn, trees, and /or shrubs, including lawn irrigation in all such areas. It is the intent of these regulations to provide a park -like setting for the buildings, as well as to screen objectionable areas. Industrial Park: Building sites shall be landscaped in accordance with the general landscaping for the Park: Building Frontage at Street: 1 Shade Tree (2 -1/2" cal.) or Evergreen Tree (8' ht) for every 40 feet of street frontage to be planted along the street right -of -way. Common Area side or Building Rear: 1 Shade Tree (2 -1/2" cal.) or Evergreen Tree (8' ht) for every 50 feet of frontage on common area such as, lakes and canals. Parking Lots: Landscaped islands should be added at the ends of all parking rows and should be bermed and planted with either sod or landscaping. • 1 Shade Tree (2 -1/2" cal.) or Evergreen Tree (8' ht) for every 200 square foot of parking lot islands. Parking lot screening is encouraged where green space exists. Screening should be shrubs 3' in height not exceed 20% of the total frontage. Building Foundation: Building foundations should be landscaped at building entries and sides with groundcovers, shrubs and ornamental trees. The landscape development, once installed, shall be maintained by Owner in a neat and adequate manner, which shall include the mowing of lawns, trimming of hedges, other such maintenance and watering including the installation of lawn irrigation on all sites. The landscaping shall be implemented and completed within six (6) months after certificate of occupancy of any building. I. Exterior Lighting. Lighting of buildings and public areas, such as parking, plazas, landscaping, fountains, sculptures, and walkways is required. All site lighting will be accomplished by using concealed source fixtures with a minimum average illumination in accordance with the requirements of the City of Riverside, Missouri. All exterior lighting will be metal halide or white in color and constant in nature, specifically excluding traveling, flashing or intermittent illumination of any kind and must be so arranged or shielded as to avoid glare or reflection onto any adjacent existing or proposed streets, highways, ponds or building sites. Pole mounted fixtures will have a maximum pole height of thirty -two (32) feet, including the base. J. Underground Utilities, Pipes Etc. No pipe, conduit, cable, line or the like for water, gas, sewage, drainage, steam, electricity, or any other energy or service shall be installed or maintained upon any building site (outside of any building) above the surface of the ground. BILL NO. 2013 -005 ORDINANCE NO. I I S � " K. Fencing. All fencing on any building site shall be compatible with the building materials used in the construction of the major structure on said building site. Chain link fencing shall be finished with a black powder coat in the Planned Development. L. Animals. No livestock, poultry or other animals shall be kept on any part of the Park. IY O O ' ft� , I I . +4 la