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HomeMy WebLinkAbout1913 Granting a Special Use Permit to Vernon L. Goedecke Company, Inc.BILL NO. 2023-022 ORDINANCE NO. 1 ! AN ORDINANCE GRANTING A SPECIAL USE PERMIT SUBJECT TO CERTAIN CONDITIONS TO VERNON L. GOEDECKE COMPANY, INC. FOR OUTDOOR STORAGE ON PROPERTY LOCATED AT 4123 and 4125 NW RIVERSIDE STREET. WHEREAS, pursuant to City Code Chapter 400, Section 400.580 of the Unified Development Ordinance, application no. PC23-06, submitted by Vernon L. Goedecke Company, Inc. requesting a Special Use Permit to allow outdoor storage of forming and shoring equipment associated with their operations on land located at 4123 and 4125 NW Riverside Street 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 April 13, 2023 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 April 18, 2023 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 Vernon L. Goedecke Company, Inc. to allow outdoor storage of forming and shoring equipment associated with their operations on property located at 4123 and 4125 NW Riverside Street. 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, 1. Storage shall not exceed 10 feet in height. 2. Only forming and shoring equipment shall be stored outside. 3. Barbed wire on all fencing shall be removed. 4. Applicant shall execute the Maintenance Agreement, attached hereto, before any outdoor storge begins. 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. BILL NO. 2023-022 BE IT REMEMBERED that the passed and approved by a majority o Mayor of the City of Riverside, Missouri, ATTEST: Robin Kihca'id, City Clerk ORDINANCE NO. 3 f above was read two times by heading only, the Board of Aldermen and approved by the this 19' day of April 2023. r� L. Rose, Mayor �� � � r. ``� s � �. -_ - r' A f MAINTENANCE AGREEMENT This Maintenance Agreement (this "Agreement") is between the City Riverside, Missouri (the "City") and Vernon L. Goedecke Company, Inc. ("Applicant"). In consideration of the terms, covenants and conditions herein set forth, the sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: 1. Effective Date; Term. This Agreement is effective as of the date last executed by the Parties and shall continue in effect during the duration of the Special Use Permit for outdoor storage at 4123 and 4125 NW Riverside Street. 2. Obligation to Install. The Applicant shall install at its expense Landscaping in accordance with the Proposal by Brightview Landscape Services attached hereto as Exhibit A and incorporated herein by reference. The Landscaping shall be installed on 4123 and 4125 NW Riverside Street in the designated area as indicated in the Map attached hereto as Exhibit B and incorporated herein by reference. Installation of the Landscaping shall be subject to approval by the City's Director of Community Development ("Director") prior to storage of outdoor material. 3. Obligation to Maintain. The Applicant hereby covenants and agrees that it shall, at its own expense, preserve, maintain, and repair all Landscaping in a functional and aesthetically pleasing condition for the duration of the Special Use Permit for outdoor storage at 4123 and 4125 NW Riverside Street. This obligation includes, but depending on the circumstances is not limited to, the following to ensure that the Landscaping functions as intended: a. Trees brought to the site shall be approved for size and quality by the Director. Trees not meeting agreed size and quality may be rejected. b. Trees shall be thoroughly watered at time of planting with a minimum of 11 gallons of water per tree. Planting shall be consistent with the document entitled "How to Plant a Tree", attached hereto as Exhibit C and incorporated herein by reference. C. The Director shall record the date of planting which shall be the conclusive the start date for counting watering weeks as noted below. d. The Applicant is responsible for watering the trees for 1 year after planting and trees shall be watered to replicate a 2" rainfall each week. With a week of no rain, this equals 11 gallons of water per tree. Water should be applied in a slow trickle across the root ball and within the area that is twice the size of the root ball (see planting diagram). Winter watering should take place during the same weekly cycle when there is no snow on the ground and temperatures are above 40 degrees. e. For weeks with precipitation, the amount of water shall be reduced by that precipitation level to equal 2" of rainfall each week. For example, if 1" of rain is received, the supplemental water will be 1" or 6 gallons. This calculator (httys://water.usgs.gov/edu/activity-howmuchraig.php) shall be used to quantify supplemental water needed each week. On the calculator, fill in method A: feet at 3 by 3 and select the rainfall amount for that week. f. For watering, the Applicant may elect to use the "Dew Right Slow Release Tree Watering Donut," or equivalent. This shall be filled with the appropriate amount of water each week. The tree donut can hold 15 gallons of water. 15 gallons of water 1 is acceptable for a week with no precipitation. Less water may be required in the donut when there is a week with precipitation. g. Tree watering and maintenance shall be periodically inspected by the Director to ensure compliance with these conditions. 4. City Access. The Applicant hereby grants permission to the City, its authorized agents and employees, to enter upon its property i) for inspection purposes to determine compliance with this Agreement and ii), if applicable, to take or cause to be taken corrective measures. 5. Notice of Deficiency; Hearing. In the event that the Applicant shall at any time fail to preserve and/or maintain the Landscaping in accordance with this Agreement, the Director may serve a written Notice of Deficiency upon the Applicant setting forth the deficiencies in maintenance and/or preservation along with a demand that the deficiencies be cured within a stated reasonable time period, and the date, time and place for a hearing before the Mayor for the purpose of allowing the Applicant an opportunity to be heard as to why the City should not proceed with the correction of the deficiency or obligation which has not been undertaken or properly fulfilled. Service of the Notice of Deficiency shall be given at least five (5) days prior to the hearing and shall be by personal service or regular U.S. Mail to the Applicant at the address subject to the Special Use Permit. 6. Hearing; Mayor Determination. If, following such hearing, the Mayor shall determine that the obligation has not been fulfilled or failure corrected within the time specified in the notice, the City shall thereupon have the power and authority, but not the obligation, to perform or cause to be performed by its agents or contractors, such obligation or take such corrective measures as it deems necessary. 7. Cost of Corrective Measures; Reimbursement by Applicant. In the event the City performs corrective measures, any funds actually expended in performance of such corrective measures shall be reimbursed to the City by the Applicant within fourteen (14) days of billing to the Applicant. The cost of corrective measures shall be a personal debt of the Applicant. 8. Delinquent Amounts. If the cost of corrective measures is not paid within the prescribed time period, such cost of corrective measures may be collected by suit initiated against the Applicant, and, in such event, the Applicant shall pay all court costs and reasonable attorney fees incurred by the City in connection with such suit. 9. Limitations. It is expressly understood and agreed that the City is under no obligation to maintain or repair the Landscaping and in no event will this Agreement be construed to impose any such obligation on the City. 10. Revocation of Special Use Permit. The failure of the City to institute proceedings under this Agreement shall not affect in any way the City's authority to institute revocation proceedings of the special use permit because of violations of, or non-conformance with, any of the special use permit conditions, including the obligation conditions contained in this Agreement. 2 11. Additional Provisions. a. No Agency or Partnership. This Agreement is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association as between the City and Applicant, or any officer, employee, contractor or representative of Applicant. No joint employment is intended or created by this Agreement for any purpose. b. No Third -Party Beneficiaries. The parties do not intend to confer any benefit under this Agreement on any other person or entity other than the parties hereto. C. Severability. The provisions of this Agreement shall be deemed severable. If any part of this Agreement shall be held invalid, illegal or unenforceable, the remainder shall remain in full force and effect, and such invalid, illegal or unenforceable provision shall be reformed by such court so as to give maximum legal effect to the intention of the parties as expressed therein. d. Amendments. This Agreement shall not be amended or modified in any way without the prior written approval of the City and that approval must be indicated with any subsequently recorded document amending or modifying this Agreement. e. No Waiver. The failure of any party to insist upon a strict performance of any of the terms or provisions of this Agreement, or to exercise any option, right or remedy contained in this Agreement, shall not be construed as a waiver or as a relinquishment for the future of such term, provision, option, right or remedy, but the same shall continue and remain in full force and effect. No waiver by any party of any term or provision of this Agreement shall be deemed to have been made unless expressed in writing and signed by such party. f. Cumulative Remedies. The rights and remedies under this Agreement are cumulative and are in addition to and not in substitution for any other rights and remedies available at law or in equity or otherwise. g. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same agreement. h. Review Afforded. The parties acknowledge that each has had an opportunity to retain an attorney to review the terms and conditions of this Agreement. No provision hereof shall be interpreted against the interests of one party solely because such provision was drafted by such party or by the attorney for such party. In WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of the date last signed by the parties. 3 [Remainder of page intentionally left blank] APPLICANT: Vernon L. Goedecke Company, LLC: Name: 4 40') z4k Title: V /- Date: & A 2r 9, �2023 CITY: CITY OF RIVERSIDE, MISSOURI Kat een L. Rose Mayor Date: l g4 2 OJ- 3 Attest:: r Robin Kincaid, City Clerk 5 Exhibit A Brig htView Ir Landscape Services Property Name Property Address Proposal for Extra Work at Arborvitae install Arborvitae install Contact Austin Baier 5125 NW Riverside ST To CBRE Riverside, MO 64150 Billing Address 4125 NW riverside Riverside, MO 64150 Project Name Arborvitae install Project Description Install 26 Green Giant Arborvitaes-oft and 6ft Scope of Work CITY UoM/Size 26.00 EACH 26.00 EACH 1.00 LUMP SUM For internal use only SO# 8087786 JOB# 383400000 Service Line 130 Material/Description THUJA SPP. spp. -Giant ARBORVITAE 4' Evergreen Tree Installed THUJA SPP. spp. -Giant ARBORVITAE 6' Evergreen Tree Installed Delivery April 10, 2023 Page 1 of 2 Total Price $14,660.00 THIS IS NOT AN INVOICE This proposal is valid for thirty (30) days unless otherwise approved by Contractors Senior Vice President 12421 Santa Fe Trail Dr, Lenexa, KS 66215 ph. (913) 371-2661 fax (913) 593-8685 TERMS & CONDITIONS 1. The Contractor grass recpgrae and Worth in accordance wth written terms wrtrer speahwlemaW dra gs orYy mrtaned a refined W harem As metdWs slat cdbrm to tad specicabons Wok Force Contractor shag designate a quakfed represertatim with espenece in landscape na ittenarcefoonstrucbon upgrades or when applicable in area rherepernert The aCttdorrce has be wmpetent and qualified and shag be legally antlnnmd to work an the us i. Ucerse and Fermata Contractor snarl maintain a Landscape Contracbfs Wense t required by State or local taw and will con* with all other license requirements Of the City State and Federal Cwerments as we I I as all other requirements of law Unless otteerwse agreed upon by the palaces or prohibited by law Customer shag be required to obtain as necessary and required pw ms to allow the commencement of the Services or the property w. Taxes Contractor agrees to pay as applicable taxes, including saes or General Excise Tax (GET). where applicable 5. Insurance Contraaoragvmtopovde General LabooV Insurance AuorrcfNelsablq Insurance VVakers Compensation If am nice and any otter insurance required by aw or Customer. as specified in writing pnor to oorn enter ert of work If rot specified Contractor wl funsh insurance wilh SI.000011b nd of fubwry 6 UaWty Contractor shell not be liable for any darrege gat oasis tom Acts Of God debed as ogre" weather conditions, fare ear0n¢eie et and rules regulations or restraei0rs itposed by any goverment or governmental agency. nallam or neg" emergency. epdenw. pandernc. health related outbreak or otter medical everts not caused by one or other delays or failure of performance beyond the corwnaoaly reasonable control of either party Under mete crcumbtarcp Cortracior final hssre the right to renegotiate the terms and prices of this Contract WOW sngy, (60) days 7 Any trespass claims and/or damages resulting from work requested ghat s not on property owned by Customer or nrA under Customer rnanagenrrt and control Mao be the sole resporstally of the Customer s. Subcontractors Contractor reserves the right to hire qualified subcontractors to Worm specialized functions or work requiring specialized equipment v. Additional Semmes Any addronal work not shown in " above spwacaxons involving extra costs will be executed only upon signed written ordersand will become an e.-Ca charge over and above the eat, mate mo Access to Jobste Customer she# provide all ubuttes to perform "work Customer shall furnish access to all parts of pbsate where Cortracta is to perform work as reciwert by are Contract or other functions r e I a t e d theretoduring normal business hors ad otter reasonable periods of hire Contractor will perform the work as reasonably prat: alter tte Customer makes the site available for performance of the work 11 Payment Terms upon signing gas Agreement Customer final pay Contractor `A°h of tn,, Reposed Price and ge rerrernrhg balance Shea be pad by Customer to Contra" upr completion of the protect uirtess ottwwxse agreed to in writing 12. Termar abet This Work Order may be tenanted by the ether party wtr or without case upon seven (n workdays advance written notice Customer mll be required to pay b a matenals purchased and work compete to the dale of termination ark reasonable charges named in demobilizing 13. Assignment The Customer and ghe Contractor respectively old therrsdves their Partners Successions assgress and krgal representative to the other party with respec- to all coaerwts of In Agreement Neither ghe Customer nor the Contractor seat assign or transfer any Owed in this Agreement without the wraw consent of the other provided however that comser't she# not be required to assign this Agreement to arty company Own controls s controlled by or s urder torment control with Contractor or in connection with assignment to an atwwte or pusuant to a merger sale of all or s:bMartaiy, aft of if asses or equity secures corsokdmon change of card or corporate reorgarnmt,on 14 Declarmer This proposal was estimeted and aced based upon a sore wst and You" inspection from grouct ever tsxig ordirefy means at a about the lame this proposal was prepared The price quoted in this proposal f o r the work describeda the result of Ow good level visual inspection and therefore cur company will not be bate ter any additional costs or dan ages for additional work not described herein or liable for any madentlyacedents residing from conditions that were rot ascedarhablet by sad ground [east v sual inspection by ordinary means at the time said inspection was performed Contractor cannot be held responsible for unknown or otherwise n e d d e n defects Any eomtxtne work proposed herein cannot guarantee exact results Professional engineering adsiech" and(or landscape design services ("Dessgn Services) are nbt wic I in this Agreement and shall not be prowled by the Contractor Any design defects in one Contract Documents are the sole resporsebhimy or the Customer If the Customer must engage a licensed"ee, architect ardfor landscape design professorial any costs concerning gene Design Services are to be Pal by the CLIKMW dreary to ore designer indived April 10, 2023 Page 2 of 2 15 Cancellation Notice of Cancelation of work mat be recened in writing before be Dew s drape- . to their location a Customer wall be Ixable, to a rnrwnsn trowel charge of $150 00 and bled to Customer The lolarrig seectons shall apply where Contractor provides Customer with tree rare services 16 Tree 6 Stump Removal Trees removed wgl be cut as close to " gr"id as possbe based an oordgtors to or net b the bottom of the tree trurst. AddAor y charges wt be lewd br UrOWn hazards sladh s, 111it 110t welled to conMft brick fired tn.ncs natal raft the l regastled neclrneai givxirhg dValbe tree WMV wd be done to a defined slQh ad depth below ground level at as additional Wgs to One Customer Denreed OeCl " and kandacarw rhttlrlo may be speela I Customer MhM be resporiade kir oahc- the apprapaale atdergro rd utdq locator company to wca1R aro warn udrgovd roily ins prior b Mat of work Contractor a not respww%tee damage done b udegaud ttltls such as hit not hinted to cables woes owes and err.iga n pals Cataebr will repay damaged emigabon kres at the Ctatoners expense 17. Wow of Lanta ly. Regtaab nor crown twig n excess of twentyfive Percer[ (25%p or work net in acoodWM wish IBA liisePrOorel Society of ARerrculm at) standards will raps a speed waw of liability Acceptance of this Contract By Masep the docmm K Customer agrees to the formation of a binding corstact and to the ".rams Wall 0ordtiorM sd bdh WON Customer represents that Contractor is aulferoed to palk ne an sect staled to go face of On Contract If payment has rot been recewed by CotbaAor per payrnert lams hereunder. Contractor shag be entitled to all tests of collectort stdubq tesonade attorneys fees and it stall be reieevea of any obigazcn to continue pobmraoe under oia or any caner Contract wih Customer Interest at a per anrn roe of 1-5%per mordh(18%per year, athe highest rate permitted by law may be charged on upad tralarabe 15 days after bhll,rhg NOTICE FAILLR7E TO MAKE PAYMENT WffN DUE FOR COMPLETED WORK ON C C)NSTRUCTION J09s MAY RESULT IN A MECHANIC'S LIEN ON THE TITLE TO YOUR PROPERTY r—tomxer 9peire - . Property Manager Austin Baier April 10, 2023 BrightView Landscapes, LLC "Contractor" Account Manager, Senior Zachary Williams April 10, 2023 Pined Wane Job #: 383400000 SO #: 8087786 Proposed Price: $14,660.00 Exhibit C d.ww xsti w r� Goedecke Co (KC Branch) 4123 Riverside Dr. Riverside Mo. 64150 New 0/lice & Warehouse at 4123 Riverside Dr. Riverside Mo. 64150 Exhibit C How to Plant a Tree Selecting trees Consider the limitations of the planting site, the purpose for the tree, and each tree's unique growing requirements before selecting the type of tree to be purchased. Before purchasing, check to be sure that the new tree does not have a great deal of soil added over the root flare. The root flare is the point where the top major roots extend out from the tree trunk (see figure 2). Unfortunately, many new trees have the root flare buried under several inches of soil. This is to be avoided at all times. Determine the proper planting depth Trees should be planted with their top major roots even with the soil line (see Figure 1). Trees planted at the wrong depth do not develop well and may have shortened life spans. Excess soil should be removed before planting. Figure 1 Planting in uncompactel (optional) I Mulch layer �r y I' I dD , Backfill soil 1 (--- Stakes I I (optional) li 11011 Ilk! II .I i I� I� � .•.Ili; .:P... err l •: •-:. 1LA :r Grade level rr U For balled -and -burlap trees, gently poke a stiff wire through the burlap next to the tree trunk until you hit a root. Note the distance between the top of the root ball to the first root. Check in two or more locations around the trunk to make sure you've located the top major roots. Leave the burlap in place to do this to make moving the tree easier. The distance from the top -most root to the bottom of the ball is the correct depth to dig your hole. Carefully remove the excess soil from the top of the root ball once it is in the planting hole. Container trees should have the soil carefully removed from the top, exposing the root flare, and then planted. The planting hole Dig a spot at least twice the diameter of the root ball and deep enough to place the root flare even with (or up to 1 inch higher than) the soil line. Place the tree in the hole, taking care to handle it by the root ball — not by the Figure 2 trunk. In order to prevent settling Remove after planting, make sure the root excess Root flare ball or container soil rests on solid soil \ ground — not fill dirt. Carefully cut the twine wrapped — — around the stem at the top of the root ball. Be sure to remove the following.' 1. All tags, labels, and strings 2. The wire basket from around the root ball 3. Any container holding the root system 4. Burlap from at least the top half of the root ball to prevent wicking of moisture from the soil 5. All excess soil on top of the ball, exposing just the root flare (see Figure 2) Backfill soil Make sure the tree is straight before backfilling. Use the same soil that came out of the pit. Finely chop the soil and remove any stones or debris. Avoid potting soil, peat moss or other amendments. Fill the hole halfway, watering thoroughly as you go, then finish backfilling. Work the soil around the ball gently so that no air pockets are left. Firm the soil so the tree is vertical and adequately supported, but do not pack the soil. Water Saturate the entire backfilled soil with water. A slow, gentle soaking is best. Add more soil, if needed, to compensate for settling. Mulch Cover smoothed soil with 3 inches of wood compost or bark chips. Shape the mulch into a doughnut 2 to 3 feet wide, leaving a small gap near the trunk. Do not mound mulch onto the trunk of the tree. Mounding encourages root girdling, which can weaken and kill trees. Black plastic, grass clippings, or sawdust should not be used as mulch. Keep mulch weeded. Replace as needed. Pruning Remove only broken or badly deformed branches the first year. Begin a regular pruning program the second or third year after planting. Optional procedures Stakes Stakes may be used to prevent shifting of the root ball or to protect the stem from mowing equipment. If needed, the tree should be guyed strongly enough to provide support, but flexibly enough to allow 6 to 8 inches of sway. Drive one or more stakes near the tree, but not through the roots. The best guying materials are wide and flexible, such as plastic horticultural tape or canvas webbing. Remove guys/ties as soon as the tree can stand alone — about three months, but no longer than one year after planting. Guys/ties ultimately can kill your tree if not removed. Trunk wrap Research indicates that trunk wraps provide little, if any, benefit to trees. In fact, they can encourage damaging insects or disease -causing fungi. Avoid using trunk wraps unless specifically recommended. Planting in compacted soils To test for compacted soil, do a simple percolation test. Dig a hole 12 inches to 18 inches deep and fill it with water. If any water is still in the hole 12 to 18 hours later, then you have compacted or heavy clay soils. Roots need oxygen, so dig a wide, shallow hole three to four times the width of the root ball or container and only half as deep. Mound backfill soil slightly to the top of the root flare, covering the entire excavation. This creates a raised planting bed, which will improve the tree's performance (see Figure 3). Soils that hold excessive moisture may need a subsurface drain tube installed below the root ball, or look for alternative sites. Figure 3 Planting in compacted soils Backfill soil n I I I I Ties III Stakes (optional)I� (optional) 11 it Mulch layer II II �i o 71�s U Grade level Root ball Equal opportunity to participate in and benefit from programs of the Missouri Missouri Department of Conservation Department of Conservation is available to all individuals without regard to their PO Box 180 race, color, national origin, sex, age, or disability. Questions should be directed to Jefferson City, MO 65102-0180 the Department of Conservation, PO Box 18Q Jefferson City, MO 65102, 573-751- 4115 (voice) or 800-735-2966 (fTY), or to the U.S. Fish and Wildlife Service Division of mdc.mo.gov Federal Assistance, 4401 N. Fairfax Drive, Mail Stop: MBSP-4020, Arlington, VA 22203. 3/2015 F00064 CITY of City of Riverside RIVERSAlk Staff Analysis Report . rIISSOURi Case Number PC23-06, Special Use Permit Upstream from ordinary. 4123 & 4125 NW Riverside Street - Goedecke General Information Applicant: Goedecke Company (Eric Peterson, President & Mike Lang, VP of Sales) Location: 4123 & 4125 NW Riverside Street Requested Action: To consider a Special Use Permit (SUP) to allow outdoor storage. Zoning: I- Industrial Existing Land Use: Industrial (Former location of K&G Striping) Proposed Land Use: Industrial Warehouse with associated outdoor storage Procedure: 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. Proiect Description The applicant, Goedecke Company, is a supplier of forming and shoring systems. They are moving their Kansas City, Kansas operation to Riverside at the former K&G Striping location. They currently have 17 employees and anticipate adding at least three more in the coming months. The applicant is requesting a Special Use Permit pursuant to Chapter 400.580 of the Riverside Municipal Code to allow outdoor storage of forming and shoring equipment. They have leased the former K&G Striping location at 4132 and 4125 NW Riverside Street. This location encompassed two lots totaling approximately 2.14 acres and two buildings. The property is fenced and has approximately 45,000 square feet of space that can be utilized for outdoor storage. Analysis Section 400.180 (Q) of the UDO states that in considering any application the recommending and decision -making bodies shall give consideration to the criteria below, to the extent they are pertinent to the particular application. The bodies may also consider other factors that may be relevant to a particular application. 1. The impact the proposal would have on the general health, safety and welfare of the citizens of the city. The approval of outdoor storage of forming and shoring equipment should not have an impact on the general health, safety, and welfare of the citizens of Riverside. 2. Whether the proposal is consistent with the intent and purpose of this Chapter. The applicant is requesting a special use permit for outdoor storage. Section 400.180 of the UDO has put into place provisions to consider outdoor storage requests on a case -by -case basis. Therefore, this proposal is consistent with the intent and purpose of this Chapter. Pagel of 3 3. Whether the proposal is consistent with the Comprehensive Master Plan and other adopted planning policies. The Comprehensive Master Plans identifies this area as a potential redevelopment opportunity, however, much of the area remains industrial with associated outdoor storage. The proposed use would be consistent with the surrounding areas at this time. 4. Whether the proposal is consistent with the City Municipal Code and other adopted policies. Riverside Municipal Code allows for the issuance of special use permits on a case -by -case basis with approval by the Planning Commission and Board of Aldermen. 5. The extent to which public facilities and services are available and adequate to meet the demand generated by the proposal. Outdoor storage puts minimal strain on public services. Staff will be responsible for ensuring the applicant stays in compliance if the outdoor storage is approved. 6. The recommendation of professional staff. Staff supports the request for a special use permit for outdoor storage with the following conditions: a. The applicant shall only store forming and shoring equipment in the approved areas. b. Storage shall not exceed 10 feet in height. c. Barbed wire on all fencing shall be removed. d. Landscaping shall be installed around the outside of the fence along the south and east sides of the property in accordance with the approved development agreement. 7. The precedents and the possible impact of such precedents that might result from approval or denial of the application. The city has set a precedence of approving outdoor storage for businesses located on NW Riverside Street and NW Platte Road. Several businesses in this area have outdoor storage associated with their businesses. 8. The character of the surrounding neighborhood. The surrounding neighborhood is zoned Industrial and several other businesses in this area have outdoor storage. 9. The existing and any proposed zoning and uses of adjacent properties and the extent to which the proposal is compatible with the adjacent zoning and uses. Adjacent properties are zoned I -Industrial. The placement of outdoor storage is compatible with the adjacent zoning and uses at this time. 10. The extent to which the proposal will impact the property and neighboring property. The request for outdoor storage is consistent with other developments in the area. Neighboring properties have been notified of this request and so far, none have come forward with concerns. Page 2 of 3 11. The suitability of the property for the uses to which it has been restricted under the existing zoning district regulations. The applicant is planning to lease space in an industrial building that is located within an established industrial area that already has locations with outdoor storage. 12. The length of time, if any, the property has remained vacant as zoned. The property has been vacant since K&G Striping left in January of this year. 13. The economic impact of the proposal on the community. The request for outdoor storage at this location will not have a negative impact on the community. It is always a benefit to have a building occupied by a tenant as opposed to remaining vacant. 14. The extent to which there is a need for the use in the community. The applicant provides support and services to contractors in the region. 15. Whether the proposal is made necessary because of changed or changing regulatory requirements, social values, new planning concepts of other social or economic conditions. It is necessary for the applicant to request a special use permit for outdoor storage because their business needs require the use of outdoor space to store their equipment. It is not feasible to their forming and shoring indoors. Other businesses in the industrial area have also made similar requests for the same reason. Conformance to Master Plan: The Master Plan discusses redeveloping this area to incorporate a multitude of uses, create jobs, generate revenue for the city and welcome innovative companies. While this is a long-term plan for the area the city also recognizes that it is not ready to redevelop this area at this time and recognizes the benefit of having buildings occupied and maintained. Attachments - Project Location Map - Site Plan - Photos Page 3 of 3 F-RIPW Y L x 4 i t A'��l�e i� M