HomeMy WebLinkAbout2023-01-26 Planning & Zoning Commission Packet
MINUTES
REGULAR MEETING
PLANNING AND ZONING COMMISSION
RIVERSIDE, MISSOURI
Thursday January 12, 2023
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.
The meeting was called to order at 6:30 p.m. Answering roll call were Al Bowman, Frank Biondo,
Stephen King, Matt Christopher, Richard Lanning, Mike Soler and Mike Lombardo. Lonnie Shanks,
Chad Porter and Chad Allington from Riverside Wellness and Alan Johnson from Alan Johnson Design
were present. City Planner Sarah Wagner, Fire Marshall Keith Payne and Community Development
Assistant Rhonda Smith were also present. Members absent were Gale Perkins, Ray Uhl, and Mayor
Kathy Rose.
Approval of Minutes of
December 8, 2022.
Commissioner Lanning moved to approve the minutes of December 8,
2022, seconded by Commissioner Bowman. Motion passed 7-0.
Public Hearing –
Special Use Permit for
Outdoor Storage 3910
NW Helena, Suite 100
Commissioner King opened the public hearing at 6:31 pm.
City Planner Sarah Wagner gave the staff report. She noted that the
outdoor storage was requested by Block Development for a tenant. The
tenant requested 2 areas of storage: a 15,000 square foot area adjacent to
the north side of the building a 32,000 square foot in the northwest corner
of the lot. The city will require black fencing, no pallets and the storage
not to exceed 20 feet in height.
Commissioner Lombardo wanted to know if the city has approved an
outdoor storage of similar size. Wagner noted that no other entity had
requested this large of an area but US Farathane currently utilizes about
30,000 square feet.
Commissioner King closed the public hearing at 6:45 pm.
Commissioner Biondo moved to recommend approval for the Special Use
Permit Outdoor Storage 3910 NW Helena, Suite 100 and recommend to
the Board of Alderman; seconded by Commissioner Lanning. Motion
passed 7-0.
Final Development Plan –
Riverside Flex 4405 NW
Gateway Ave
City Planner Sarah Wagner gave the staff report. She noted that owners of
Riverside Wellness plan to build a second commercial building on the
property, Riverside Flex, which will 63,000 square feet and
approximately 9 tenant spaces. The applicants have met all city
requirements.
Commissioner Biondo moved to recommend approval for the Final
Development Plan – Riverside Flex 4405 NW Gateway Ave and
recommend to the Board of Alderman; seconded by Commissioner
Lanning. Motion passed 7-0
Adjourn
Commissioner Soler moved to adjourn at 6:55 p.m.
Commissioner Biondo seconded and the meeting was adjourned 7-0.
__________________________
Rhonda Smith
Community Development
Page 1 of 1
City of Riverside
Staff Analysis Report
Case Number PC23-03, Chapter 400: Unified
Development Ordinance regarding marijuana
General Information
Applicant: City of Riverside
Requested Action: Amend Riverside Municipal Code Section 400.410, Use Table; Section
400.440, Additional Regulations (“Conditions”) for Non-Residential Used Allowed in Business
and Planned Districts; and Section 400.4090, Definitions,
Action: Recommendation by the Planning Commission to the Board of Aldermen.
Application Overview: The city is requesting the following amendment to the Unified
Development Ordinance regarding marijuana. The existing language and proposed changes are
attached in Exhibit A.
Recommendation: Staff recommends approval of the proposed adoption of the Amendment to
Chapter 400 of the Unified Development Ordinance.
Section 400.410 Use Table
Existing
Non-Residential Uses In Business And Planned Districts
"CPO" "C-1" "I" "PD"
Conditions (See
Section 400.440)
P = Permitted; S = Special use permit required; shaded boxes = non-permitted uses or no conditions
Medical Marijuana Cultivation Facility P P O
Medical Marijuana Dispensary Facility P P P O
Medical Marijuana-Infused Products
Manufacturing Facility
P P
O
Medical Marijuana Testing Facility P P
Proposed
Non-Residential Uses In Business And Planned Districts
"CPO" "C-1" "I" "PD"
Conditions (See
Section 400.440)
P = Permitted; S = Special use permit required; shaded boxes = non-permitted uses or no conditions
Comprehensive Marijuana Cultivation
Facility
P P O
Comprehensive Marijuana Dispensary
Facility
P P P O
Comprehensive Marijuana-Infused
Products Manufacturing Facility
P P
O
Marijuana Testing Facility P P
Microbusiness Dispensary Facility P P P O
Microbusiness Wholesale Facility P P O
Section 400.410 Additional Regulations (“Conditions”) for Non-
Residential Uses Allowed in Business and Planned Districts.
Existing
O. Medical Marijuana. No medical marijuana cultivation facility, medical marijuana testing
facility, medical marijuana dispensary facility, medical marijuana-infused products manufacturing
facility, or transportation facility shall be constructed, altered, or used without complying with the
following regulations:
[Ord. No. 1670, 7-16-2019]
1.
No new medical marijuana cultivation facility, medical marijuana testing facility, medical
marijuana dispensary facility, medical marijuana-infused products manufacturing facility, or
transportation facility shall be initially sited within three hundred (300) feet of any then-existing
school, child day-care center, or church.
2.
Definitions. As used in this Section, the following terms shall have the meanings indicated. For
purposes of this Section:
CHILD DAY-CARE CENTER
A child-care program conducted in a location other than the provider's permanent residence, or
separate from the provider's living quarters, and licensed by the Department of Health and Senior
Services of the State of Missouri where care is provided for children not related to the child-care
provider for any part of the twenty-four-hour day.
CHURCH
A building(s) primarily used for public religious worship and associated religious functions
(education, fellowship, etc.), including synagogues and temples.
SCHOOL
Any building which is regularly used as a public, private or parochial elementary and/or secondary
school or high school.
THEN-EXISTING
Any school, child day-care center, or church with a written building permit from the City to be
constructed, or under construction, or completed and in use at the time the marijuana facility first
applies for either zoning or a building permit, whichever comes first.
Proposed
O. Marijuana
1. Definitions. The definitions contained in Article XIV, Section 1.2 and
Section 2.2 of the Missouri Constitution are incorporated into this Chapter
as is fully set forth. Additionally, for purposes of this Chapter, the following
terms shall have the meanings indicated:
a. Elementary or secondary school means any public school as defined in
RSMo 160.011, or any private school giving instruction in a grade or
grades not higher than the 12th grade, including any property owned by
the public or private school that is regularly used for extracurricular
activities, but does not include any private school in which education is
primarily conducted in private homes.
b. Then-existing means any elementary or secondary school, daycare, or
church with a written building permit from the City to be constructed,
or under construction, or completed and in use at the time the marijuana
facility first applies for either zoning or a building permit, whichever
comes first.
2. The following regulations apply to all medical marijuana facilities,
comprehensive marijuana facilities, and microbusinesses, including
cultivation facilities, dispensary facilities, infused products manufacturing
facilities, testing facilities, transportation facilities, and wholesale facilities:
a. No new medical facility or marijuana facility shall be initially sited
within 300 feet of any then-existing elementary or secondary school,
child daycare center, or church. In the case of a freestanding facility,
the distance between the facility and the school, daycare, or church
shall be measured from the external wall of the facility structure
closest in proximity to the school, daycare, or church to the closest
point of the property line of the school, daycare, or church. If the
school, daycare, or church is part of a larger structure, such as an
office building or strip mall, the distance shall be measured to the
entrance or exit of the school, daycare, or church closest in
proximity to the facility. In the case of a facility that is part of a
larger structure, such as an office building or strip mall, the distance
between the facility and the school, daycare, or church shall be
measured from the property line of the school, daycare, or church to
the facility's entrance or exit closest in proximity to the school,
daycare, or church. If the school, daycare, or church is part of a
larger structure, such as an office building or strip mall, the distance
shall be measured to the entrance or exit of the school, daycare, or
church closest in proximity to the facility. Measurements shall be
made along the shortest path between the demarcation points that
can be lawfully traveled by foot.
b. Outdoor Operations Or Storage Prohibited. Unless licensed as an
outdoor medical marijuana cultivation facility or a comprehensive
marijuana cultivation facility, all such marijuana facilities'
operations and all storage of materials, products, or equipment shall
be within a fully enclosed building.
c. On-Site Usage Prohibited. No marijuana may be smoked, ingested,
or otherwise consumed on the premises of a medical facility or
marijuana facility.
d. Hours Of Operation. All medical facilities and marijuana facilities
shall be closed to the public, no persons not employed by the
business shall be on the premises, and no sales or distribution of
marijuana shall occur upon the premises or by delivery from the
premises between the hours of 10:00 P.M. and 8:00 A.M. Monday
through Saturday and 10:00 P.M. and 9:00 A.M. on Sunday.
e. Residential Dwelling Units Prohibited. No medical facility or
marijuana facility shall be located in a building that contains a
residence.
f. Ventilation Required. All medical facilities and marijuana facilities
shall install and operate a ventilation system that will prevent any
odor of marijuana from leaving the premises of the facility. No odors
shall be detectable by a person with a normal sense of smell outside
the boundary of the parcel on which the facility is located.
Section 400.1090 Definitions
The following words and terms and their definitions are hereby repealed from Section 400.1090
of the City’s UDO: Marijuana or Marihuana; Marijuana-Infused Products; Medical Marijuana
Cultivation Facility; Medical Marijuana Dispensary Facility; Medical Marijuana Testing
Facility; Medical Marijuana-Infused Products Manufacturing Facility.
Page 1 of 1
City of Riverside
Staff Analysis Report
Case Number PC23-04, Chapter 400: Unified
Development Ordinance regarding off-street parking
General Information
Applicant: City of Riverside
Requested Action: Amend Riverside Municipal Code Section 400.500.K, Off-Street Parking
and Loading Area Design Standards
Action: Recommendation by the Planning Commission to the Board of Aldermen.
Application Overview: The city is requesting the following amendment to the Unified
Development Ordinance regarding prohibited parking surfaces. The existing language and
proposed changes are attached in Exhibit A.
Recommendation: Staff recommends approval of the proposed adoption of the Amendment to
Chapter 400 of the Unified Development Ordinance.
Section 400.500 Off-Street Parking and Loading
Existing
400.500.K.1 Off-Street Parking and Loading Area Design Standards
1. Surfacing. All off-street parking and loading areas, except those required for
single-family or duplex uses, shall be surfaced with:
a. Five (5) inches of concrete.
b. Six (6) inches of asphalt
c. Three (3) inches of asphalt combined with eight (8) inches of
aggregate base and subgrade base
d. Off-street parking areas serving single-family and duplex residents
shall be graded and paved with an approved asphalt, concrete or
paver brick over an approved base.
Proposed
400.500.K.1 Off-Street Parking and Loading Area Design Standards
1. Surfacing. All off-street parking and loading areas, except those required for
single-family or duplex uses, shall be surfaced with:
a. Five (5) inches of concrete.
b. Six (6) inches of asphalt
c. Three (3) inches of asphalt combined with eight (8) inches of
aggregate base and subgrade base
d. Off-street parking areas serving single-family and duplex residents
shall be graded and paved with an approved asphalt, concrete or
paver brick over an approved base.
e. Prohibited Surface Materials. The following materials are prohibited
for use as surfacing for off-street parking and loading areas:
(1) Gravel
(2) Asphalt Milling