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4.1. PCSR 08-22-2023Request for Action To Item Number Planning Commission 4.1 Agenda Section Meeting Date Prepared by Public Hearings August 22, 2023 Chris Leeseberg, Senior Planner Item Description Reviewed by Pete Guidera of Coldwell Banker Realty on Zack Carlton, Community Development Director behalf of BPI of South Dakota Inc., 12698 Reviewed by Industrial Blvd. NW- Conditional Use Permit for Outdoor Storage, Case No. CU 23-17 Action Requested Recommend, by motion, approval of the Conditional Use Permit with the following conditions to satisfy the standards set forth in Section 30-654: 1. Schedule a site visit with the Building Official and Fire Marshal to review the existing building/grounds and complete any required code updates. 2. The fenced outdoor storage area shall be: a. Limited to 90,000 square feet. b. Fenced with a 6-7 foot tall 100% opaque fence with gates, to be closed when not in use. 3. The fenced outdoor storage area must be paved with an approved surface (Class 5, concrete, asphalt, or crushed concrete/asphalt). 4. Update plans to demonstrate compliance with state and local stormwater management requirements. 5. Drive lanes need to maintain a minimum 24-foot width throughout the site. 6. Site lighting shall comply with Section 30-937. 7. Fencing shall be installed along the east and south property line as shown on the Staff Site Plan dated August 22, 2023. 8. All driving areas and parking areas shall be bounded by B612 concrete curb and gutter. Background/Discussion The subject property is zoned I1 (Light Industrial) where Outdoor Storage requires a Conditional Use Permit (CUP). The applicant is seeking a CUP to allow outdoor storage, on the south side of the approximately 127,000 sq. ft. existing building, for construction materials including shingles, decking planks, and other lumber products. These products will be shipped in and out daily. They are proposing to install approximately 300 feet of 6'-11" tall chain-link fence with vinyl slats along the eastern property for loss prevention. The area will also have two crash gates that will be open during business hours. The The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity. Updated: August 2020 outdoor storage section 30-807 states: Outdoor storage areas shall be completely screened from view within all public rights-of-way and commercial or residentially zoned parcels. The submitted site plan shows an area of approximately 35,000 sq. ft. of outdoor storage and the site has approximately 91,000 sq. ft. of available space for outdoor storage. Parking The 120,000 sq. ft. warehouse space requires 60 stalls, and the 5,000 sq. ft. office space requires 17 stalls for a total of 77 required parking stalls. Currently there are 136 stalls, but the proposed outdoor storage is removing 38 stalls which will result in 98 parking stalls. Even by removing the stalls, the site will meet the required parking. Applicable Regulations In approving a Conditional Use Permit, the council may impose such specific conditions with regard to the development or operation of the proposed use as it considers necessary to satisfy the seven standards set forth in Section 30-654 and the requirements contained in this article and to promote compatibility with and minimize any potentially adverse effects upon adjacent properties, the neighborhood or the city. 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. Outdoor storage is frequently associated with industrial uses, and with the recommended conditions, the 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 property is guided as Industrial and the industrial use category includes both heavy and light industrial businesses such as manufacturing, warehousing, and excavation. These uses are primarily located off of Highway 169, Highway 10, and the BNSF Railroad which provide easy access for the transferring of goods throughout the region. Staff do not see a need to impose specific conditions to satisfy this standard. 3. Will not impede the normal and orderly development and improvement of surrounding vacant property. Except for the adjacent city owned property to the west, the surrounding area is developed. The use will not impede the normal and orderly development and improvement of surrounding vacant property. Staff do not see a need to impose specific conditions to satisfy this standard. 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. The outdoor storage 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. Staff do not see a need to impose specific conditions to satisfy this standard. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations. Industrial uses with outdoor storage of wholesale materials are anticipated to generate heavier traffic shipping product in and out daily. The subject parcel is in an industrial park designed for the proposed type of use and associated traffic. The requirements of screening outlined in Section 30-654 should ensure neighboring properties will not be adversely affected. Staff recommends fencing be along the east and south property line as shown on the Staff Site Plan dated August 22, 2023. 6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. The only development on the property will be the proposed fencing. The use will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Staff do not see a need to impose specific conditions to satisfy this standard. 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. The use 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. Staff do not see a need to impose specific conditions to satisfy this standard. 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 Mission/Policy/Goal  Responsibly grow  Meet changing needs - Agile Attachments  Location Map  Applicant’s Narrative  Site Plans  Staff Site Plan dated August 22, 2023 CU 23-18 Narrative BPI of South Dakota is interested in leasing 68,000 square feet of space at the property located at 12698 Industrial Blvd. BPI would like to utilize both inside and outside storage at the property. BPI will be storing materials for construction including shingles, decking planks and other lumber products. These products will be shipped in and out daily from both inside and outside storage by the 15 employees. As you can see on the attached photograph, the outside storage area would be located on the southern parking field of the property. BPI would like to put up an approximately 300 foot long, 6'11" chain-link fence along the eastern portion of the property for loss prevention. BPI would also like to install two crash-gates that will be open during business hours. BPI realizes there are other outside storage locations nearby, without fencing, but for loss-prevention, they would like to install this fence. The fence is not needed on the southern or western sides due to woods and wetlands preventing vehicle access. The fence, if required, will have vinyl slats blocking the view into the storage area.