HomeMy WebLinkAbout1358 Rezoning 4106 Mattox Road from GP-1 to PD (Planned Development) BILL NO. 2014-089 ORDINANCE NO. 3s2
AN ORDINANCE AUTHORIZING AND GRANTING A REZONING OF 4106 NW
MATTOX ROAD FROM "GP-1 GENERAL PLANNED INDUSTRIAL" TO "PD
PLANNED DEVELOPMENT" IN ACCORDANCE WITH THE PROVISIONS OF THE
UNIFIED DEVELOPMENT ORDINANCE FOR THE CITY OF RIVERSIDE, MISSOURI
AND APPROVING PLANNED DEVELOPMENT STANDARDS IN CONNECTION
THEREWITH
WHEREAS, Application No. PC14-13 was submitted to the City by BABRA, LLC
requesting a change in zoning from "GP-1 General Planned Industrial' to "PD Planned
Development' on land located generally south of 416t Street and west of Mattox Road
and legally described on Exhibit A attached hereto and incorporated herein (the
"Property");
WHEREAS, after due public notice in the manner prescribed by law, the Planning
Commission held a public hearing on October 9, 2014 to consider the application and
the Planning Commission recommended that the zoning change requested be
approved, together with planned development standards for the Property as set forth in
Exhibit B attached hereto and incorporated herein; and
WHEREAS, after due public notice in the manner prescribed by law, the Board of
Aldermen has hereby held a meeting to consider the zoning change request on this
October 21, 2014, and based upon all of the information presented, find that it is in the
best interest of the citizens of the City of Riverside to approve the zoning change
request, together with planned development standards for the Property upon the terms
and conditions provided herein.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE
CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:
SECTION 1 — BEST INTEREST OF THE CITY TO REZONE PROPERTY. It is in the
best interests of the City in order to further the objectives of industrial and economic
development of the City, as well as in furtherance of the objective to protect the health,
safety, and welfare of the businesses and citizens of the City, to rezone the Property
from "GP-1 General Planned Development" to "PD Planned Development' and such
rezoning is hereby approved.
SECTION 2 — BEST INTEREST OF THE CITY TO APPROVE PLANNED
DEVELOPMENT STANDARDS. It is in the best interests of the City in order to further
the objectives of industrial and economic development of the City, as well as in
furtherance of the objective to protect the health, safety, and welfare of the businesses
and citizens of the City, to approve the planned development standards for the Property
set forth in Exhibit B and such standards are hereby approved. Development of the
Property shall be subject to and comply with such standards together with all other
provisions set forth in the City Code and Unified Development Ordinance of the City of
Riverside. Such approval does not relieve BABRA, LLC from following all other
WA 6207670.1
applicable codes and laws of the City of Riverside or other governmental agency, nor
does it relieve BABRA, LLC 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 Exhibit B shall have precedence
where such conditions are more restrictive than those set forth in the City Code.
SECTION 3 — AUTHORITY GRANTED. The City hereby authorizes the Mayor, the City
Administrator, the City Clerk, Special Counsel to the City and other appropriate City
officials to take any and all actions as may be deemed necessary or convenient to carry
out and comply with the intent of this Ordinance and to execute and deliver for and on
behalf of the City all certificates, instruments, agreements and other documents, as may
be necessary or convenient to perform all matters herein authorized.
SECTION 4 — EFFECTIVE DATE. This Ordinance shall be in full force and effect from
and after 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 and APPROVED by the
Mayor of the City of Riverside, Missouri, this 4T" day of November, 2014.
Ka leen L. Rose, Mayor
ATT
Robin Littr6il''Cit
YClerk
Approved as to form:
Sp n Fane Britt & Browne LLP
S ecia ounsel to the City
By eBednar
2 WA 6207670.1
EXHIBIT A
LEGAL DESCRIPTION
ALL THAT PART OF LOTS 1 AND 2, PARTITION PLAT OF THE ESTATE OF GEORGE
ROBERTS, LOCATED IN THE SOUTHEAST 1/4, OF SECTION 6, TOWNSHIP 50, RANGE 33,
IN THE CITY OF RIVERSIDE, PLATTE COUNTY, MISSOURI, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SE %, THENCE N 00 10' 41" E,
ALONG THE WEST LINE OF SAID SE %, A DISTANCE OF 25.00 FEET; THENCE S 89° 24'
06" E, 25.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID SE ''%, A
DISTANCE OF 30.00 FEET, TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF FARM
ROAD AS ESTABLISHED IN BOOK 1220, PAGE 315, IN THE RECORDER OF DEEDS
OFFICE, PLATTE COUNTY, MISSOURI, SAID POINT BEING THE POINT OF BEGINNING;
THENCE N 00 10' 41" E, ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 409.76
FEET, TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG SAID EAST
RIGHT-OF-WAY LINE, BEING A CURVE TO THE RIGHT, HAVING A RADIUS OF 470.00
FEET, A CENTRAL ANGLE OF 14° 04' 13", AN ARC DISTANCE OF 115.42 FEET, TOA
POINT OF REVERSE CURVATURE; THENCE NORTHERLY ALONG SAID EAST RIGHT-OF-
WAY LINE, BEING A CURVE TO THE LEFT, HAVING A RADIUS OF 530.00 FEET, A
CENTRAL ANGLE OF 110 44' 05", AN ARC DISTANCE OF 108.55 FEET; THENCE N 471 22'
42" E, ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 31.22 FEET, TO A POINT
ON THE SOUTH RIGHT-OF-WAY LINE OF 41ST STREET, AS NOW ESTABLISHED; THENCE
S 890 24' 06" E, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 898.48 FEET,
TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF MATTOX ROAD, AS NOW
ESTABLISHED; THENCE S 00 16' 25" W, ALONG THE WEST RIGHT-OF-WAY LINE OF SAID
MATTOX ROAD, A DISTANCE OF 81.10 FEET; THENCE S 891 24' 06" E, ALONG SAID
WEST RIGHT-OF-WAY LINE, A DISTANCE OF 10.00 FEET; THENCE S 00 16, 25" W, ALONG
SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 571.76 FEET; THENCE N 89° 24, 06" W,
25.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID SE ''/e, A
DISTANCE OF 959.86 FEET, TO THE POINT OF BEGINNING, CONTAINING 622,238
SQUARE FEET OR 14.285 ACRES, MORE OR LESS.
TO BE REPLATTED AS: LOT 1, RIVERSIDE LOGISTICS CENTRE, A SUBDIVISION IN
RIVERSIDE, PLATTE COUNTY, MISSOURI.
3 WA 6207670.1
EXHIBIT B
"PD" REGULATIONS
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WA 6207670.1
BABRA "PD" Regulations
October 22, 2014
A. Building Lines. There shall be no minimum front and rear setback requirements for
the Planned Development. Building separation shall be a minimum of sixty(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 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)nondecorative 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
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 Equinment Outside storage areas are not permitted within the
Planned Development unless specifically identified and approved as part of the final development
plan or, if the final development plan has already been approved, a special use permit must be
obtained. Outside storage and equipment shall be in accordance with the following standards:
• Submittals: Included on the final development plan or with the special use permit
application must be a list of all the items to be stored. The list will include a
description and photo/sketch of the items. The storage area must be cleared
delineated on a site plan.
• Location: All outside storage shall be located in either a side or rear yard. No
outdoor storage shall be located within ten(10) feet of a street line.
• Screening: All outside storage shall be adequately screened with landscaping,
decorative walls or other screening devices that complement the building design and
layout of the site.
• Appearance: All outside storage shall have a neat and orderly appearance.
• Setback: Outside storage areas shall comply with all setback requirements.
• Height: The height of stored items should not exceed 15 feet, unless the items are
completely screened from public view, but shall never exceed the height of the
building.
This regulation does not apply to the customary trailer parking activities associated
with tenants inside the Planned Development.
G. Site Maintenance and Trash Removal.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.
H. 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 area.
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Each individual business shall be allowed a maximum of one(1)monument sign and
two (2)wall signs.
1. Monument Sign. Monument signs shall be located on the premises of the
business and be at least three (3) feet from the street right-of-way. The total area of the sign,
including the sign face,base and supporting or decorative elements,shall not exceed sixty-four(64)
square feet with a maximum height of ten(10) feet about the average grade.
2. Building Facade Signs. Building Fayade Signs shall be attached to the
building to identify individual businesses. Each individual business 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 businesses 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.
6. 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.
7. 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(60)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.
I. 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. Building sites shall be landscaped in accordance with
following:
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
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(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, having been installed, shall be maintained by the 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 three (3) months of the issuance of a temporary
certificate of occupancy of the building; however, the City Building Inspector may extend this
timeframe to a maximum of six(6) months due to weather concerns.
J. 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 LED, 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.
K. Underground Utilities,Pines,Etc. No pipe,conduit,cable, line or the like for water,
gas,sanitary 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.
L. 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.
M. Animals. No livestock, poultry or other animals shall be kept on any part of the
Planned District.
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MINUTES
REGULAR MEETING
PLANNING AND ZONING COMMISSION
RIVERSIDE, MISSOURI
Thursday, October 9, 2014
6:30 p.m.
The Planning and Zoning Commission for the City of Riverside, Missouri, met in regular session at
Riverside City Hall,2950 NW Vivion Road, Riverside, Missouri.
Chair Al Bowman called the meeting to order at 6:30 p.m. Answering roll call were Al Bowman, Ray
Uhl, Harold Snoderley, Stephen King, Mike Soler, Mike Lombardo, Art Homer and Steven Kaspar. Also
present: Jackie Carlson City Planner, Keith Payne, Fire Marshall, and Community Development Assistant
Sarah Wagner. Members absent were Jim Frakes and Mayor Kathy Rose.
Approval of Minutes of Commissioner Kaspar moved to approve the minutes of July 7,
July 7 , 2014 2014, seconded by Commissioner Snoderley.
Motion passed 8-0.
Public Hearing- Rezoning Chair Al Bowman opened the public hearing at 6:31 pm to
4106 NW Mattox Road consider a rezoning for 4106 NW Mattox Road.
Jackie Carlson gave the staff report and explained that the
applicant is representing BABRA which is a joint venture
between the current owners of the Fleming-Babcock site and
Block and Company. They are requesting that the property at
4106 NW Mattox Road be rezoned from GP-I, which is a holding
district, to PD-Planned Development. The PD regulations they
are proposing are the same ones that were approved for the
Challenge site and similar to other in the Horizons development.
Curtis Holland with Polsinelli Law Firm introduced the team
working on this project.
Commissioner Ray Uhl asked if the applicant had any prospective
businesses for this location.
Holland replied that they are building this as strictly a spec
industrial building.
Chair Bowman closed the public hearing at 6:33pm.
Commissioner King moved to recommend approval of the
rezoning of 4106 NW Mattox to the Board of Aldermen,
1
seconded by Commissioner Soler.
Motion passed 8-0.
Public Hearing- Chari Bowman opened the public hearing at 6:35pm.
Preliminary/Final Plat&
Preliminary/Final
Development Plan 4106 Carlson gave the staff report explaining that this requests is for a
NW Mattox Road plat for a single lot of approximately 14 acres. It has a small
existing building that will be demoed in preparation for
construction of a new 245,000 sq.ft. industrial spec building.
Infrastructure to this site is available and there is anticipation of
using left over CDBG funds from improvements to Mattox Road
to the east. Any overages for this will be the responsibility of the
developer. The City has an agreement with NorthPoint
Development to build Helena road when they begin development
in the future. The property will drain to the south into the
regional detention system. There is parking proposed all around
the building and office area is unknown at this time due to this
being a spec building. The proposed development plan and plat
are in conformance with the approve Comprehensive Master Plan.
Commissioner Kasper asked when NorthPoint Planed to develop
Helena.
Carlson replied that they will development at the time they build
on the property. They will have to bring a development plan
before the Planning Commission prior to the start of construction.
Curtis Holland with Polsinelli Law Firm gave an overview of the
building and the timeline for development.
Chair Bowman asked how many potential parking spaces the
applicant was providing.
Carlson replied 269 vehicle spaces and 46 trailer spaces which
does exceed what is required by code.
Chair Bowman closed the public hearing at 6:58pm.
Commissioner Lombardo moved to recommend approval of the
preliminary/final plat and preliminary/final development plan for
4106 NW Mattox Road to the Board of Aldermen, seconded by
Commissioner Ray Uhl.
Motion Carried 8-0.
Land Disturbance-4106 Carlson explained that a request for a Land Disturbance permit
NW Mattox Road only goes to the Planning Commission. This will allow the
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applicant, BABRA, to begin grading and surcharging the site.
They will have to bring in fill in order to do this. The applicant
has provided a copy of their MDNR permit.
Commissioner King moved to approve the land disturbance
permit for 4106 NW Mattox Road, seconded by Commissioner
Snoderely.
Motion Carried 8-0.
Adjourn Commissioner Uhl moved to adjourn at 7:02 p.m.
Commissioner Snoderley seconded and the meeting was adjourn
8-0.
Sarah Wagner
Community Development
3
p `CITY OF City of Riverside
Staff Analysis Report
PC14-13: Rezoning
upstr"Mromurd+^"rr• 4106 NW Mattox Road
General Information
Applicant: Polsinelli/BABRA
Location: 4106 NW Mattox Road
Application: Rezone from General Planned Industrial (GP-1)to Planned Development(PD)
Existing Land Use: Industrial
Proposed Land Use: Industrial
Site Area:622,238 square feet(14.28 acres)
Procedure: The procedure for a rezoning requires a public hearing before the Planning Commission after at
least 15 days notice has been given in a newspaper of general circulation and mailings to property owners
within 185 feet of the proposed project. The public notification requirements have been fulfilled for this
application.
Introduction: The requested action is to rezone approximately 14 acres from"GP-l: General Planned
Industrial"to"PD: Planned Development'in order to accommodate a proposed industrial use. The area is
generally located south of 41"Street and west of Mattox Road.
Analysis:The property in question is currently zoned"GP-I: General Planned Industrial'and is proposed to
be an industrial"Planned Development'. The UDO states that"the GP District shall be a holding district, no
development shall occur within the GP District until the property has been rezoned". This requirement of the
UDO was specifically put in place so that the Planning Commission and Board of Aldermen would have the
ability to review development plans for each property within the Horizons area to ensure that it meets the
Master Plan approved by the City.
The proposed PD Regulations are very similar to the regulations adopted for other properties on the west side
of Horizons and will help ensure a consistent look throughout the business park. The regulations discuss
minimum setback,approved building materials, parking and loading areas, outside storage,signage,
landscaping, lighting, utilities and fences.
In conjunction with the rezoning, the applicant has also applied for approval of a preliminary and final
development plan,which provides additional information on the proposed industrial facility and site layout.
Recommendation: Staff recommends approval of the request to rezone property from GP-I to PD as it is
conformance with the Comprehensive Master Plan by encouraging development in Horizons.
Attachments:
- Proposed Planned Development Regulations
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