4.3 PCSR 06-28-2016 tt1 .,,,._ Request for Action
River
To Item Number
Planning Commission 4.3
Agenda Section Meeting Date Prepared by
Public Hearing June 28,2016 Chris Leeseberg, Senior Planner
Item Description Reviewed by
Lake State Recycling— 19131 Industrial Blvd. NW Zack Carlton,Planning Manager
• Conditional Use Permit to amend CUP,Case Reviewed by
No. CU 16-19
Action Requested
Recommend,by motion,approval of the Conditional Use Permit (CUP) permitting a recycling processing
facility at 19131 Industrial Blvd. NW with the following conditions:
1. The Conditional Use Permit shall not be recorded until all applicable conditions have been
substantially completed.
2. The authorized use shall not begin until the Conditional Use Permit is recorded.
3. If the authorized use ceases for more than six months, the Conditional Use Permit shall expire.
4. The Conditional Use Permit is not a building permit and the applicant must apply for and receive
approval of required building and sign permits before construction may begin.
5. The building shall meet all building and fire codes.
6. Hours of operation shall be limited to 8 a.m. - 10 p.m. Monday through Sunday.
7. With the exception of gas pumps or other products the city deems hazardous, all product
breakdown must occur within the building.
8. A six foot tall chain link fence shall be installed along the east and south sides of the outdoor
storage area. The west side of the outdoor storage area shall be a six foot tall privacy fence.
9. There shall be no storage of any materials and/or products on the property outside of the
outdoor storage area.
10. No vehicles or equipment shall be stored or recycled.
11. Materials shall not be stacked higher than six (6) feet in the outdoor storage area unless in an
enclosed dry van.
12. If the outdoor storage area is to be increased more than 45,000 square feet,an amendment to the
conditional use permit shall be required.
13. No more than ten (10) dry vans shall be used for storage.
14. A landscape plan, submitted by the applicant, showing the 10 trees shall be provided to include in
the City Council staff report.
15. All sources of artificial lights shall be so fixed,directed,designed or sized that the minimum
subtotal of their illumination will not increase the level of illumination on any nearby residential
property by more than 0.1 footcandle in or within 25 feet of a dwelling or by more than 0.5
footcandle on any part of the property.
Background/Discussion
The City Council approved a Conditional Use Permit (CUP) for the subject property on March 21, 2016.
The conditions of approval are outlined in attached council memo. Since that meeting, the applicant has
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contacted staff to request deviations from the approved conditions. In order to do this, they must amend
the approved CUP. The current application includes several modifications to the previous approval.
Analysis
Hours of Operation- Condition#6
They are requesting to add "occasional weekends" to their hours of operations to accommodate
occasional weekend events. Staff is recommending the hours of operation be limited to 8:00 a.m. — 10:00
p.m. Monday through Sunday. This provides the applicant the flexibility they are seeking and does not
require additional code enforcement issues.
Product Breakdown- Condition#7
The Fire Marshall, for safety reasons,has requested the breakdown of gas pumps be done outside. With
the exception of the gas pumps, the applicant intends to conduct all product breakdown inside of the
building. Staff is recommending the language be amended to read"With the exception of gas pumps or
other products the city deems hazardous, all product breakdown must occur within the building."
Outdoor Storage Fencing- Condition#8
The approved condition stated the outdoor storage area shall be completely enclosed with a six foot tall
privacy fence and chain link fencing with vinyl slats would not permitted. The applicant would like to
only use chain link on the east and south sides of the outdoor storage area. On the west side, they want
to use chain link with vinyl slats.
Since the east and west sides of the outdoor storage area abuts other non-residential uses and screening is
not necessarily beneficial, staff is comfortable with only chain link fencing on those sides. Staff still has
concerns with using vinyl slats. As the commission may recall, staff has begun recommending that vinyl
slats not be used for aesthetic reason. They slide out, are easily damaged, and fade,resulting in an
unsightly look over time. Staff would recommend the west side fence still be a six foot tall privacy fence
and that vinyl slats are not permitted. The intent of the screening is to improve community aesthetics
and staff does not believe vinyl slats are consistent with this goal.
The outdoor storage area has also been increased to approximately 44,000 square feet. Staff recommends
the outdoor storage be limited to 45,000 square feet.
Dry Van Storage - Condition#12
They are asking this condition to be omitted. Staff based the original recommendation off of their
original narrative,however,based upon their business, they have challenges quantifying the number of
vans used for storage. Often they have none and at other times they can have up to ten. Staff believes
there should be some limit put on the number of dry vans and is recommending ten.
Landscaping- Condition#13
The applicant is asking the landscaping requirements be revaluated. They believe there are enough trees
on the property to accomplish the city's goal for landscaping.
The total number of required new trees may be offset by the retention of existing trees on the lot
provided that such trees satisfy the requirements of this section as to size and species. Existing trees
between four inches in diameter and less than eight inches in diameter will receive credit for one tree.
Existing trees eight inches or greater in diameter will receive credit for two trees.
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There are numerous trees abutting the subject property on the north and south sides but these trees are
not located on the subject property and therefore cannot be counted towards the tree credit.
Per ordinance, 36 trees are required for the subject property. Staff visited the site and determined they
can receive credit for 26 trees leaving the need for 10 additional trees to satisfy the landscaping
requirements. The following trees will be required:
• 1Overstory
• 7 Ornamental
• 2 Coniferous
For inclusion in the City Council staff report, the applicant shall submit,by July 11, 2016, a landscape
plan showing where the 10 trees will be located, and identify the selected species.
Applicable Regulation
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
1. Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate
vicinity or the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city.
As this is an industrial use in an industrial zoned district, the proposed use will not endanger,
injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity
or the public health, safety,morals, comfort, convenience or general welfare of the
neighborhood or the city.
2. Will be consistent with the comprehensive plan.
The comprehensive plan guides this property for industrial uses and will be consistent with the
comprehensive plan.
3. Will not impede the normal and orderly development and improvement of surrounding vacant property.
There is one lot encumbered mostly by wetlands that is vacant in the surrounding area. The
orderly development will not be impeded.
4. Will be served adequately by and will not adversely affect essential public facilities and services including
streets,police and fire protection, drainage, refuse disposal, water and sewer systems,parks and schools;and
will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public
thoroughfares
It is served by these services.
5. Will not involve uses, activities,processes, materials, equipment and conditions of operation that will be
detrimental to any persons or propero because of excessive traffic, noise, smoke,fumes,glare, odors, dust or
vibrations.
It is an industrial zoned area and these types of activities are expected.
6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
It will not result in the destruction,loss or damage of a natural, scenic or historic feature of
major importance.
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7. Will fully comply with all other requirements of this Code, including any applicable requirements and
standards for the issuance of a license or permit to establish and operate the proposed use in the city.
It will fully comply with all other requirements of this Code.
If denial of such a permit should occur,it shall accompany recommendations or determinations by
findings or a report stating how the proposed use does not comply with the standards set forth in Section
30-654.
Financial Impact
None
Attachments
• Location Map
• Applicants Narrative
• Partial Planning Commission Memo dated February 23, 2016
• Partial City Council Memo dated March 21,2016
• Tree Requirement Spreadsheet
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