HomeMy WebLinkAbout1916 Granting a Special Use Permit to True Level InvestmentBILL NO. 2023-026
ORDINANCE NO. / W&
AN ORDINANCE GRANTING A SPECIAL USE PERMIT SUBJECT TO
CERTAIN CONDITIONS TO TRUE LEVEL INVESTMENT, INC. FOR
OUTDOOR STORAGE ON PROPERTY LOCATED AT 4300 NW BELGIUM
BLVD., SUITE 150.
WHEREAS, pursuant to City Code Chapter 400, Section 400.580 of the Unified
Development Ordinance, application no. PC23-09, submitted by True Level Investment,
Inc. requesting a Special Use Permit to allow outdoor storage of steel storage containers
associated with their operations on land located at 4300 NW Belgium Blvd., Suite 150 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 May 11, 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 May 16, 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 True Level Investment, Inc. to allow outdoor storage of steel storage
containers associated with their operations on property located at 4300 NW Belgium
Blvd.. Suite 150.
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. The outdoor storage shall be limited to five (5) steel storage containers. Each
storage container shall not exceed 40'x8'x10'.
2. Storage containers shall only be located in the rear of the property in accordance
with the attached site plan in Exhibit A.
3. The applicant shall only store items associated with their marijuana manufacturing
and cultivation operations.
4. Storage containers shall be painted the same uniform color within 90 days of
approval of this special use permit.
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.
BILL NO. 2023-026
ORDINANCE NO. Z 1Z,�7
SECTION 5 — EFFECTIVE DATE. This ordinance shall be in full force and effect
from and after the date of its passage and approval.
BE IT REMEMBERED that the above was read two times by heading only,
passed and approved by a majority of the Board of Aldermen and approved by the
Mayor of the City of Riverside, Missouri, this 16' day of May 2023.
hleen L. Rose, Mayor
ATTEST:
Robin' Kincaid; ity'CJerk
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CITY OF
RIVERS
MISSOURI
Upstream from ordinary.
General Information
City of Riverside
Staff Analysis Report
Case Number PC23-09, Special
4300 NW Belgium Blvd., Sute
Investment
Use Permit
150- True Level
Applicant: True Level Investment
Location: 4300 NW Belgium Blvd., Ste 150
Requested Action: To consider a Special Use Permit (SUP) to allow outdoor storage.
Zoning: PD- Planned Development
Existing Land Use: Industrial Warehouse
Proposed Land Use: Industrial Warehouse
Procedure: In accordance with the approved PD regulations for the Horizons development business
wishing to have outdoor storage must comply with the following criteria:
1. Outdoor storage is only permitted within the industrial portion of the Planned
Development.
2. Because outdoor storage is not preferred, minimizing the visible impact of outdoor
storage on public rights -of -way and less intense uses is critical. Thus, outdoor storage
shall only be permitted in areas that are not visible from Horizons Parkway and the
office portion of the Planned Development.
3. All outdoor storage must be located in a side or rear yard such that views from public
rights -of -way and less intense uses are limited.
4. The maximum outside storage area shall be based on the business's inside space.
10,000 square feet of first floor indoor space = 1,000 square feet of outside storage
area.
5. Storage areas shall be located adjacent to the building and shall not extend more than
5 feet less than the length of the screening mechanism (i.e. — if the wing wall extends
80 feet from the building, the storage area shall not extend beyond 75 feet). This
requirement may be waived if the storage area is behind a building and is not visible
from any public rights -of -way and less intense uses.
6. The maximum height of stored items shall not exceed 20 feet.
7. Storage areas shall not impede vehicular traffic and emergency access points.
8. All materials being stored must be associated with the business that is located in the
building adjacent to the storage area
9. Storage areas shall be maintained in a neat and orderly manner.
If they cannot then they may request a special use permit in accordance with Section 400.580 of the
Unified Development Ordinance (UDO). 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.
Page 1 of 5
Proiect Description
The applicant, True Level Investment, is a marijuana grow facility. They already have a marijuana
manufacturing/infusion operation at this location. With the approval of recreational marijuana they have
expanded their operations to include a grow facility. Due to high demand they are utilizing all of their
space indoors for their grow operations. They are requesting a special use permit for outdoor storage of
five (5) steel storage containers to be located on the backside of their building. These containers will
house items such as packaging, dirt, nutrients, and other overflow materials. Four of these containers
will be placed up next to the building, while the remaining one will be placed in the back of the parking
lot. All containers will be blocked from street view by the building and will back up woods/undeveloped
land that is owned by Intercontinental Engineering and Manufacturing.
Analysis
The amended PD Regulations for Horizons adopted August 2016 set forth specific criteria for outdoor
storage (Section F) and the review of special use permits.
F. Outside Storage and Equipment. Although the outdoor storage of materials and equipment
in Horizons is not preferred, the City recognizes it may be necessary to accommodate businesses that are
experiencing growth and/or change, but are not yet ready to commitment to additional facility space.
Considering this, the outdoor storage of materials and equipment may be permitted in accordance with the
following regulations. These regulations do not apply to the customary trailer parking activities associated
with tenants inside the Planned Development.
Outdoor storage is only permitted within the industrial portion of the Planned
Development. The applicant is located within the industrial potion of the PD.
2. Because outdoor storage is not preferred, minimizing the visible impact of outdoor storage
on public rights -of -way and less intense uses is critical. Thus, outdoor storage shall only
be permitted in areas that are not visible from Horizons Parkway and the office portion of
the Planned Development. The outdoor storage is proposed on the west side of the building
and will be completely blocked by the building from traffic on NW Mattox and most of
the traffic on NW 43`d Street and NW Helena Rd.
3. All outdoor storage must be located in aside or rear yard such that views from public
rights -of -way and less intense uses are limited. The outdoor storage is located in the rear
yard, behand the building.
4. The maximum outside storage area shall be based on the businesses inside space. 10,000
square feet of first floor indoor space = 1, 000 square feet of outside storage area. The
applicant occupies approximately 23,000 sq.ft., which would allow for a total outdoor
storage area of 2,300 sq.ft. Each storage container is approximately 320 sq.ft. Five storage
containers would be about 1,600 sq.ft. of outdoor storage.
5. Storage areas shall be located adjacent to the building and shall not extend more than 5
feet less than the length of the screening mechanism (i.e. — if the wing wall extends 80 feet
from the building, the storage area shall not extend beyond 75 feet). This requirement may
be waived if the storage area is behind a building and is not visible from any public rights -
of -way and less intense uses. The applicant is proposing two areas of outdoor storage.
Page 2 of 5
One is adjacent to the building and will have four (4) of the storage containers. The second
area is on the back side of the parking lot where one (1) of the containers will be located.
Both locations are screened by the building. There is some visibility when turning the
corner at NW Helena Road and NW 43`d Street.
6. The maximum height of stored items shall not exceed 20 feet. The proposed storage will
not exceed 10 feet.
7. Storage areas shall not impede vehicular traffic and emergency access points. The
proposed storage area still allows for emergency vehicle access around the building as well
as other traffic.
8. All materials being stored must be associated with the business that is located in the
building adjacent to the storage area. The applicant will only be permitted to have five
(5) storage containers No other items will be stored outside that are not located within the
storage containers.
9. Storage areas shall be maintained in a neat and orderly manner. To keep the area
maintained in a neat and orderly manner the applicant will be required to keep all materials
in the storage contains and contains must remain in the locations identified on the site plan.
10. If outdoor storage is desired that cannot meet these criteria, a special use permit may be
requested. When reviewing the request, the following shall be taken into consideration.
o Distance from Horizons Parkway, I-635 and Highway 9 - the farther away the
more likely it is the request will be approved.
o Visibility — the lower the visibility the more likely it is the request will be
approved.
East or West — the industrial area west of Horizons Parkway within the Planned
Developed is intended for more intense uses, thus outdoor storage west of Horizons
Parkway is more likely to be approved.
The property does not meet all of the above listed criteria for administrative approval
of a special use permit. Therefore, the applicant is asking that one is granted. While
the property is located on the west side of Horizons, it is completely blocked from
public view from Horizons Parkway and Highway 635.
In addition to the above listed criteria approved in the Planned Development regulations for Horizons
Section 400.180 (Q) of the UDO stated 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 steel storage containers will 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.
Page 3 of 5
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.
3. Whether the proposal is consistent with the Comprehensive Master Plan and other adopted
planning policies.
The Comprehensive Master Plans identifies this area as an industrial planned development.
There are other similar buildings and uses in the area with outdoor storage that has been
approved through the same process. In addition, the approved PD regulation have put into place
provisions for allowing and approving outdoor storge in the Horizons Development.
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. Outdoor storage shall be limited to five (5) steel storage containers. Each storage
container shall not exceed 40' x 8' x 10'.
b. The applicant shall only store items associated with their marijuana manufacturing and
cultivation operations.
c. Storage containers shall all be painted the same uniform color within 90 days of issuance
of the Special Use Permit.
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 in the Horizons Development.
Several business on both the east and west sides of Horizons have outdoor storage.
8. The character of the surrounding neighborhood.
The surrounding neighborhood is all zoned PD Planned Development and has the same
regulations that they must follow. Other business in the Horizons Development have areas of
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.
All adjacent properties are zoned PD Planned Development with industrial uses.
Page 4 of 5
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.
11. The suitability of the property for the uses to which it has been restricted under the existing
zoning district regulations.
The applicant is already operating a marijuana facility in their space in an industrial building that
is located within an established industrial park that already has locations with outdoor storage.
12. The length of time, if any, the property has remained vacant as zoned.
The property has not been vacant since it was constructed.
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.
14. The extent to which there is a need for the use in the community.
The applicant is expanding their operations to include a marijuana grow facility that will likely
supply product to local area dispensaries.
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
needs exceed what is permitted in the approved PD regulations as they need their outdoor storage
space to be located in multiple areas that are not all adjacent to the building to allow adequate
traffic flow. Other business in the industrial park have also made similar requested for the same
reason.
Conformance to Master Plan: The Master Plan discusses developing Horizons to incorporate a multitude
of uses, create jobs, generate revenue for the City and welcome innovative companies, with a focus on
high -quality development. The Master Plan notes that "the key element is to ensure that what happens in
Horizons is the best long-term solution". The outdoor storage is located in a manner that has a minimal
visual impact on the industrial park.
Attachments
- Project Location Map
- Site Plan
Page 5 of 5