HomeMy WebLinkAbout1913 Granting Special Use Permit to Vernon L. Goedecke Company, Inc.BILL NO. 2023-022
ORDINANCE NO. 1913
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 ORDINANCE NO. 1913
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 19th day of April 2023.
Kathleen L. Rose, Mayor
ATTEST:
Robin Kincaid, City Clerk
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
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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.
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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.
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APPLICANT:
Vernon L. Goedecke Company, LLC:
Name: Michael E. Lang
Title: VP
Date: April 19, 2023
CITY:
CITY OF RIVERSIDE, MISSOURI
Kathleen L. Rose
Mayor
Date: April 19, 2023
Attest::
Robin Kincaid, City Clerk
5
Exhibit A
Bright View April 10, 2023
Page 1 of 2
Landscape Services
Property Name Arborvitae install
Property Address 5125 NW Riverside ST
Riverside, MO 64150
Proposal for Extra Work at
Contact Austin Baier
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
QTY UoM/Size Material/Description
26.00 EACH THUJA SPP. spp. -Giant ARBORVITAE 4' Evergreen
Tree Installed
26.00 EACH THUJA SPP. spp. -Giant ARBORVITAE 6' Evergreen
Tree Installed
1.00 LUMP SUM Delivery
For internal use only
SO# 8087786
JOB# 383400000
Service Line 130
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 shall recognize and perform in accordance with written terms, written
specifications and drawings only contained or referred to herein. All materials shall conform
to bid specifications.
2. Wok Force Contractor shall designate a qualified represertadve with experience in
landscape maintenance/construction upgrades or when applicable in tree management.
The workforcwe shall be competent and qualified and shall be legally authorized to work in
the U S.
3. License and Permits: Contractor shall maintain a Landscape Contractors license, if
required by State or local law, and will comply with all all other license requirements of the
City, State and Federal Governments, as well as all other requirements of law. Unless
otherwise agreed upon by the parties or prohibited by law, Customer shall be required to
obtain all necessary and requred permits to allow the commencement of the Services or
the property.
4. Taxes: Contactor agrees to pay all applicable taxes, including sales or General Excise
Tax (GET). where applicable.
5. Insurance: Contractor agrees to provide General Liability Insurance, Automotive Liability
Insurance, Workers Compensation Insurance and any otter insurance required by law or
Customer, as specified in writing prior to commencement of work. If not specied,
Contractor will furnish insurance with $1,000,000 limit of liability.
6. Liability: Contractor shall not be liable tor any damage that occurs from Acts of God
defined as extreme weather conditions, fire, earthquake, etc. and rules regulations or
restrictions imposed by any government or governmental agency, national or regional
emergency, epidemic, pandemic, health related outbreak or other medical events not
caused by one or other delays or failure of performance beyond the commercially
reasonable control of either party. Under these circumstances, Contractor shall have the
right to renegotiate the terms and prices of the Contract within (60) days.
7. Any illegale trespass, claims and/or damages resulting from work requested that is not on
property owned by Customer or not under Customer management and control shall be the
sole responsibility of the Customer.
8. Subcontractors. Contractor reserves the right to hire qualified subcontractors to
perform specialized functions or work requiring specialized equipment.
9. Additional Services. Any additional work not shown in the above specifications
involving extra costs will be executed only upon signed written orders, and will become
an extra charge over and above the estimate.
10. Access to Jobsite: Customer shall provide all utilities to perform the work. Customer
shall funsh access to all parts of jobsite where Contractor is to platform work as required
by the Contract or other functions related thereto, during normal business hours and
other reasonable periods of time. Contractor will perform the work as reasonably practical
after the Customer makes the site availalbe for performance of the work.
11. Payment Terms: Upon signing this Agreement, Customer shall pay Contractor 50% of the
Proposed Price and the remaining balance shall be paid by Customer to Contractor upon
completion of the project unless otherwise agreed on in writing.
12. Termination: This Work Order may be terminated by the ether party with or without cause,
upon seven (7) workdays advance written notice. Customer will be required to pay for all
materials purchased and work complete to the date of termination and reasonable charges
incurred during demobilizine.
13. Assignment: The Customer and the Contractor respectively, bind themselves, their
partners, successors, assignees and legal representative to the otter party with respect
to all covenants of this Agreement. Neither the Customer nor the Contractor shall assign
or transfer any interest in this Agreement without the written consent of the other provided,
however, that consent shall not be required to assign this Agreement to any company
which controls, is controlled by, or is under common control with COntractor or in
connection with assignment to an affiliate or pursuant to a merger, sale of all or
substantially all of its assets or equty securities, consolidation, change of control or
corporate reorganization.
14. Disclaimer: This proposal was estimated and priced based upon a site visit and visual
inspection from ground level using ordinary means, at or about the time this proposal was
prepared. The price quoted in this proposal for the work described, is the result of the
ground level visual inspection and therefore our company will not be liable for any
additional costs or damages for additional work not described herein, or liable for any
incidents/accidents resulting from conditions that were not ascertainable by said ground
level visual inspection by ordinary means at the time said inspection was performed
Contractor cannot be held responsible for unknown or otherwide hidden defects. Any
corrective wok proposed herein cannot guarantee exact results. Professional engineering,
architectural, and/or landscape design services ("Design Services") are not included n
the Agreement and shall not be provided by the Contactor. Any design defects in the
Contract Documents are the sole responsiblity of the Customer. If the Customer must
engage a licensed engineer, architect and/or landscape design professional any costs
concerning these Design Services are to be paid by the Customer directly to the designer
involved.
15. Cancellation: Notice of Cancellation of work must be received in writing before the
crew is dispatched to their location or Customer will be liable for a minimum travel
charge of $150.00 and billed to Customer.
The following sections shall apply where Contractor provides Customer with tree care
services:
16. Tree and Stump Removal: Trees removed will be cut as close to the ground as possible
based on conditions to or next to the bottom of the tree trunk. Additional charges will be
levieed for unseen hazards such as, but not limited to, concrete brick filled trunks, metal
rods, etc. If requested mechanical grinding of visible tree stump will be done to a defined
width and depth below ground level at an additional charge to the Customer. Defined
backfill and landscape material may be specified. Customer shall be responsible for
contacting the appropriate underground utility locator company to locate and mark
underground utility lines prior to start of work. Contractor is not responsible damage done
to underground utilities such as but not limited to cables, wires, pipes, and irrigation
parts. Contractor will repair damaged irrigation lines at the Customer's expense.
17. Waiver of Liability: Requests for crown thinning in excess of twenly-five percent (25%)
or work not in accordance with ISA (International Society of Arboricultural) standards
will require a signed waiver of liability.
Acceptance of this Contract
By executing this document, Customer agrees to the formation of a binding contract and to the
terms and conditions set forth herein. Customer represents that Contractor is authorized to
perform the work stated on the face of this Contract. If payment has not been received by
Contrctor per payment terms hereunder, Contractor shall be entitled to all costs of collection,
including reasonable attorneys' fees and it shall be relieved of any obligation to continue
performance under this or any other Contract with Customer. Interest at a per annum rate of
1.5% per month (18% per year), or the highest rate permitted by law, may be charged on unpaid
balance 15 days after billing.
NOTICE: FAILURE TO MAKE PAYMENT WHEN DUE FOR COMPLETED WORK ON
CONSTRUCTION JOBS MAY RESULT IN A MECHANIC'S LIEN ON THE TITLE TO YOUR
PROPERTY
Customer
Signature Title Property Manager
Austin Baler April 10, 2023
Printed Name Date
BrightView Landscapes, LLC "Contractor"
Signature
Title Account Manager, Senior
Zachary Williams April 10, 2023
Printed Name Date
Job #: 383400000
SO #: 8087786
Proposed Price: $14,660.00
Exhibit C
Property Location Map with NW Platte Road on north side
BUILDING AND YARD PLAN
N.T.S.
Customer Name and Address
Goedecke Co (KC Branch)
4123 Riverside Dr.
Riverside Mo. 64150
Project Name and Address
New Office & Warehouse at
4123 Riverside Dr.
Riverside Mo. 64150
Drawn By
Sheet
Date 03-22-23
Scale 1/4"=1'0"
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
uncompacted soils
[Image of tree with ties (optional) and stakes (optional) on left and right sides;
Mulch layer then grade level then backfill soil layer]
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
trunk. In order to prevent settling
after planting, make sure the root
ball or container soil rest on solid
ground — not fill dirt.
Carefully cut the twine wrapped
around the stem at the top of the
root ball.
Figure 2
Remove excess soil
Root Flare
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
[Image of tree with stakes (optional) and ties (optional) on two sides of tree; next is mulch
layer then grade level then backfill soil then root ball]
Equal opportunity to participate in and benefit from programs of the Missouri
Department of Conservation is available to all individuals without regard to their
race, color, national origin, sex, age, or disability. Questions should be directed to
the Department of Conservation, PO Box 180, Jefferson City, MO 65102, 573-751-
4115 (voice) or 800-735-2966 (TTY), or to the U.S. Fish and Wildlife Service Division of
Federal Assistance, 4401 N. Fairfax Drive, Mail Stop: MBSP-4020, Arlington, VA 22203.
Missouri Department of Conservation
PO Box 180
Jefferson City, MO 65102-0180
mdc.mo.gov
3/2015 F00064
CITY OF
RIVERSIDE
MISSOURI
Upstream from ordinary.
City of Riverside
Staff Analysis Report
Case Number PC23-06, Special Use Permit
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.
Page 1 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
Photo of Site with gravel parking and stacked pallets