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Home My WebLink About1261 Special Use Permit to Donald Coleman 4030 Van De Populier BILL NO. 2013 -086 ORDINANCE NO. i).J AN ORDINANCE GRANTING A SPECIAL USE PERMIT SUBJECT TO CERTAIN CONDITIONS TO DONALD COLEMAN FOR OUTDOOR STORAGE IN THE PLANNED DEVELOPMENT (PD) DISTRICT ON PROPERTY LOCATED AT 4030 NW VAN DE POPULIER STREET. WHEREAS, pursuant to City Code Chapter 400, Section 400.580 of the Unified Development Ordinance, application no. PC13 -24, submitted by Donald Coleman on behalf of the potential tenant, Greg Muckenthaler with Muckenthaler Landscaping requesting a Special Use Permit to allow outdoor storage of equipment and supplies associated with their business in the Planned Development (PD) District on land owned by Donald Coleman located at 4030 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 October 24 12, 2013 and continued it to October 30, 2013 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 November 5, 2013 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 Donald Coleman to allow outdoor storage of equipment and supplies associated with the tenant on property located at 4030 NW Van de Populier in the Planned Development (PD) District, described as "Lot 4, Argo Innovation Park First Plat," 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 for the duration of the Special Use Permit. a. The outdoor storage shall only be permitted on the property described above and may not be moved to a different location or expanded without first obtaining approval in accordance with the provisions for special use permits as specified in City Code. b. The maximum height of the outdoor storage shall not exceed 6 feet. c. All materials being stored shall be associated with Muckenthaler Landscaping located at 4030 NW Van de Populier. d. Storage area should be kept in a neat and orderly manner. e. Stored material shall not exceed 6 feet in height. BILL NO. 2013 -086 ORDINANCE NO. /ado f. If more than 2 code violations associated with the outdoor storage are issued in a calendar year the SUP will be revoked. g. The special use permit will be renewed in one year. h. 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. 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 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 majority of the Board of Aldermen a approved by the Mayor of the City of Riverside, Missouri, this 5 day of ti e1 2013. it ni AOX hle L. Rose, Mayor ATTEST: < , e' • - es if Robin Littrell, City .Jerk . . . 1 .. ' ..-... .,_ , --....„._ .•, I " --- -, # .. --, i? ...„ [ . -._. . ---------''''-----.. .__ , . - . . .. . _ j '', '-: - .. j • . . 4030 NW Van de Populier . ....-gt, ......-- , lt...,.,._. • - i - ... ---- • . ,. . .. NW 41st Street 1 ..; ., . • , • [ 1 .. 1 • , 0 ,,,,• --: 1 2 `. s . ■,'„. ‘ _ , P . ./ -..-= • X a WV .A, RS '- ns a 1 - • - -- '' .1../. — . u) , . c .---- - 1 .--. 3,_ , • • ._ r:- 1- 0 • 2 CITY OF City of Riverside RIVERS Staff Analysis Report MISSOURI Case Number PC 13 -24, Special Use Permit Upstream from ordinary. 4030 NW Van de Populier General Information Applicant: Don Coleman Location: 4780 NW 41 Street Suite 100 (Horizons Industrial I) Requested Action: To consider a Special Use Permit (SUP) to allow outdoor storage Zoning: PD- Planned Development Existing Land Use: Residential Structure for Commercial Purpose/Undeveloped Proposed Land Use: Residential Structure for Commercial Purpose/Undeveloped Procedure: In accordance with Section 400.580 of the Unified Development Ordinance (UDO) and the adopted PD regulations, a special use permit is required for outdoor storage. Therefore, the procedure for a special use permit is a public hearing before the Planning Commission and the Board of Aldermen after notification has been given in a paper of general circulation at least 15 days before the hearing date and property owners within 185' of the subject property have been notified of such hearing. These requirements have been fulfilled on this application. Project Description Don Coleman is requesting a Special Use Permit pursuant to Chapter 400.580 of the Riverside Municipal Code and the adopted PD regulations to allow outdoor storage of landscaping equipment associated with a proposed lawn and landscape business. This business is looking for more space and does propose this use as temporary. The applicant is proposing to use the existing building as an administrative office on the first floor with small tools and equipment stored in the basement. All outdoor storage will be kept in the fenced area southwest of the structure and will include trailers and mowing equipment. There will also be the overnight parking of five service trucks on the asphalt parking area. Analysis The UDO provides specific criteria for outdoor storage (Section 400.580) and the review of special use permits. Following are the relevant criteria. 1. Special Use Permit: Outdoor storage shall only be permitted after approval of a special use permit. 2. Screening: Outdoor storage shall be contained within a fenced open yard adequately screened. The proposed storage area is located southwest of NW Van de Populier in the rear of the property. The storage area is mostly screened from Van de Populier with existing trees, but is visible from NW 41s' Street. The applicant did indicate that he is willing to install additional mesh screening on the fence to help block the view of the equipment stored. Page 1 of 2 3. Location: Outdoor storage shall be located in either a side or rear yard. The applicant is proposing to locate the outdoor storage in the rear yard, on the southwest side of the building. Given the location on the back side of the property there is limited visibility from Horizons Parkway and Van de Populier 4. Appearance: Outdoor storage shall have a neat and orderly appearance. The applicant has indicated that materials will be confined in the designated area and will be kept neat and orderly. 5. Setback: All setback requirements shall be observed. The proposed location observes setbacks as the PD allows for zero rear yard setbacks. 6. Height: The height of materials shall not exceed the height limitation of the zoning district. In this case the applicant will not be allowed to store material higher than the fence securing the outdoor storage space which is six feet. 7. Parking Surfaces. Off-street parking and loading areas shall be hard surfaced. The proposed area of storage is paved. 8. Consistence with the Comprehensive Master Plan. A goal identified in the Comprehensive Master Plan is improving the appearance of the City. Although the storage area is located in an industrial setting with limited views from major thoroughfares, staff feels allowing the outdoor storage may set a precedent that is not in compliance with the Plan. Should other businesses in the area or future buildings request similar outdoor storage it would be difficult to not approve their request as the precedent has been set. However, this property is located on the west side of Horizons which tends to be more industrial in nature. The Plan also identifies the attraction of new businesses as a goal. Having the space occupied with an interim use while the property owner considerers redevelopment options is also in conformance with the goals identified by the Master Plan. Previous Request for Outdoor Storage at 4030 NW Van de Populier Earlier this summer, a request for outdoor storage as an interim use was approved along with the rezoning of this property for a limousine company. That company has since relocated and the property has been vacant. Recommendation Staff recommends approval of the Special Use Permit to allow outdoor storage with the following conditions. - All materials being stored are associated with the business - Storage area is kept in an orderly manner. - Stored materials shall not exceed the height of the fence. - Expiration of the Special Use Permit one year from the date of approval or if there are two written violations or a tenant change. Attachments - Exhibit A: Project Location Map Page 2 of 2