Fill - Free fillable Item 4-northwest Steel Cup Staff Report (Polk County) PDF form

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Docket Number: #20/8798 Applicant: Northwest Steel Erection, Inc.

represented by Shaun O’Tool, President, 4100 SE

Beisser Drive, Grimes, IA 50111 (prospective buyer)

Request: Conditional Use Permit to establish a Moderate Industry Use, specifically a General

Building Contractors – Non-Residential Buildings use, which is addressed as 6285 and

approximately 1.9 acres of 6335 NE Industry Drive, Des Moines, Iowa 50313 (Attachment ‘A’).

Background:

The Applicant, Northwest Steel Erection, Inc., is requesting a Conditional Use Permit. If approved,

the Conditional Use Permit would allow the Applicant to establish a Moderate Industry Use,

specifically a General Building Contractors – Non-Residential Buildings use, at the subject

property. The proposed conceptual plan and application with narrative submitted by the

Applicant is attached as Attachment ‘B’.

The property was originally platted as Lot 13 in Albaugh Industrial Park Plat 5 and was 9.53 acres

in size. A Major Site Plan was reviewed and approved and Building Permits were issued for the

construction of three (3) buildings on Lot 13 in 2013. On December 8, 2014, Albaugh Industrial

Park Plat 7 was recorded. Albaugh Industrial Park Plat 7 separated the original Lot 13 into three

(3) industrial properties, one (1) building on each lot. The subject property became Lot 1 in

Albaugh Industrial Park Plat 7 and is 2.70 acres in size. On January 20, 2015, a Conditional Use

Permit was approved for the subject property. The Conditional Use Permit was approved for

Moderate Industry Uses, more specifically Heavy Construction Contractors and Excavation Work

to allow an underground boring company (Advanced Underground Specialties) dealing with the

installation of conduit and fiber optic cable, the underground water and sewer utility company

(McKinney Excavating) and the flat work concrete company (Caligiuri Concrete LLC) to operate at

this site. Upon approval of the Conditional Use Permit in 2015, the three (3) companies moved

their businesses to the subject property as tenants with the ownership of the property remaining

with DRA Properties, LC.

The three (3) previous companies that were approved to operate at this site, Advanced

Underground Specialties, McKinney Excavating and Caligiuri Concrete LLC, are no longer

operating from this location and the previously approved Conditional Use Permit for a Moderate

Industry Use is no longer valid.

The current proposal is submitted from the prospective buyer, Northwest Steel Erection, Inc.,

who will purchase and operate their business from this location if they are able to obtain the

necessary approvals. The Applicant plans to expand and enclose the existing outdoor storage

area with an eight (8) foot opaque fence and to move forward with some needed updates,

however the existing structure and other improvements will remain. The needed improvements

will be reviewed through a future Minor Site Plan. The following criteria for outdoor storage

areas in the “LI” Light Industrial zone will be reviewed through the Minor Site Plan and will need

to be met through the use of this site:

(1) Material storage and display yards shall not cover more than 15% of the lot and be setback

a minimum of fifteen (15) feet from adjacent property lines.

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(2) All outside storage must be completely enclosed in a fenced yard with a minimum

screening opacity of 1.0.

(3) No item in the storage yard may be stacked higher than the fence.

(4) The storage of junk, explosives, or flammable materials, and other noxious or dangerous

materials are specifically prohibited.

(5) Material and equipment storage area may utilize a gravel surface. Semi and truck trailers

are not considered equipment and shall be parked on paved surface.

To obtain the needed amount of outdoor storage, approximately 30,000 square feet, and with

the maximum amount of outdoor storage in the “LI” Light Industrial District zone of 15 percent,

the Applicant is proposing to adjust the size of the subject property to include approximately 1.9

acres of the adjacent property to the north, addressed as 6335 NE Industry Drive. The adjustment

of the adjoining property line will require the approval of a Plat of Survey – Boundary Line

Adjustment and this adjacent 1.9 acres has been included with this Conditional Use Permit

request.

Site Operation:

The Applicant has provided the following information regarding their proposed use of the

property:

Northwest Steel Erection is a steel and precast erection company. We erect steel and precast

structures onsite. We do not do any onsite fabrications or manufacturing. We will have 12

management salary staff onsite daily. Our hours of operation are typically 6-5 daily. The only

noise and dust would be delivery trucks and equipment/tools coming and going. The outside

storage would be utilized to store vehicle/trailers on the concrete, larger tools that cannot fit in

shop easily, and shipping type containers that contain miscellaneous tools and supplies.

Future Process

If approved, the Conditional Use Permit for the Moderate Industry Use will need to be followed

by a Plat of Survey to enlarge the subject property to allow additional area for outdoor storage

and a Minor Site Plan to bring the existing site into compliance with the 2013 Major Site Plan and

any additional site improvements needed for Northwest Steel Erection, Inc. Further, if a new

business owner, other than Northwest Steel Erection, Inc. wishes to continue this use, they will

be required to obtain a new Conditional Use Permit.

Public Testimony

Staff created a public notice that was mailed to eight (8) property owners within 500 feet of the

subject property. To-date staff has received one (1) item of testimony in favor of the proposal

and none in opposition. The item of testimony is attached as Attachment ‘C’.

Natural Resources / Environmental

The property is located within Zone X, Area of Minimal Flood Hazard, on the current adopted

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FEMA Flood Insurance Rate Map (FIRM) for Polk County. A common detention basin that serves

the subject property is located on the eastern edge of the property and the portion of property

planned to be acquired to the north at 6335 NE Industry Drive. An existing Ponding and Drainage

easement protects this common detention basin. The site topography is at an elevation in the

low 960’s at NE Industry Drive and falls to a normal pool elevation of 952.78 at the detention

basin. The subject property is primarily developed and no significant natural features or

resources exist.

Roads / Utilities

This property is fully developed and has an existing access onto NE Industry Drive. No new

entrances are proposed for this development. The existing building is served by six (6) inch

sanitary sewer and six (6) inch water service lines.

Analysis

The Board of Adjustment in reviewing an application for a Conditional Use Permit shall consider the

proposal in terms of:

1. Existing zoning and land use in the vicinity of the uses.

The subject property and surrounding area are zoned “LI” Light Industrial District. This is an

existing light industrial developed subdivision with a variety of approved light industrial uses.

The subject property was previously approved as a Moderate Industry Use and complaints

were not received that indicated that the previous Moderate Industry use had a detrimental

effect on the surrounding properties. As proposed, Northwest Steel Erection, Inc. would

operate their site consistently with other uses in this vicinity and would update the property

to be in compliance with previously approved site plans.

2. Planned and proposed public and private development, which may be adversely affected

by the proposed use.

There are no major public or private developments planned in the area.

3. Whether and to what extent the proposed use, at the particular location for which it is

suggested, is necessary or desirable to provide a development which is in the interest of

the public convenience or which will contribute to the general welfare of the area or Polk

County.

The Applicant provides specialized services to commercial and industrial developments in

the Des Moines metropolitan area and supports industrial and commercial growth in and

around Polk County.

4. Whether and to what extent all steps possible have been taken by the developer to

minimize any adverse effects of the proposed use on the immediate vicinity and on the

public health, safety and welfare in general.

The Minor Site Plan for this business will require site compliance with the previously

approved Site Plan for this property and will confirm compliance with current standards for

the new proposed site improvements. The outdoor operation of the business will occur in

an approved and enclosed area that is setback from the public street, east of the existing

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building. The Applicant has further stated that potential nuisances’ have been evaluated

and will not be created by the proposed use.

Findings

The application shall be denied if the Board of Adjustment finds any of the following:

a. The application and record fail to establish compliance with the standard made

applicable to the proposed development by the provision of this Ordinance.

A Moderate Industry Use, specifically a General Building Contractors – Non-Residential

Buildings use, is permitted within the “LI” Light Industrial District upon the granting of a

Conditional Use Permit by the Polk County Board of Adjustment. Staff has prepared a

condition of approval that requires a new Conditional Use Permit if the business

ownership changes from Northwest Steel Erection, Inc.

b. The proposed use, developed in the proposed manner, and at the proposed location,

would be inconsistent with the standards pursuant to the provisions of this Ordinance.

If the Conditional Use Permit is approved, the Applicant will be required to submit and

receive approval of a Minor Site Plan, which will mandate compliance with the provisions of

the Polk County Zoning Ordinance. Staff has not found additional inconsistencies. The

proposed conditions of approval provide clarifications to the expectations of the proposed

use.

c. The adverse impacts on the overall public health, safety and welfare are not balanced by

the public or private benefits of the proposal. The Board of Adjustment shall include in

this balance, any proposals of the applicant and any conditions that it might impose on

the development, pursuant to the provisions of this Ordinance, to ameliorate problems

associated with the development.

See recommended conditions of approval at the end of this report.

In addition, no application for a Conditional Use Permit shall be approved unless the Board of

Adjustment specifically finds the proposed conditional use appropriate in the location for which

it is proposed. This finding shall be based on the following criteria:

A. The proposed use is not in harmony with the general purpose, goals, objectives, and

standards of the following:

1. Polk County Comprehensive Plan: The proposal is consistent with the goals and

policies of the 2030 Polk County Comprehensive Plan.

2. Polk County Zoning Ordinance: The Ordinance allows the proposed use, pending

approval of the Conditional Use Permit.

3. Other plan, program, map, or ordinance adopted, or under consideration pursuant

to official notice, by the County: None.

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B. The proposed location of the use is not consistent with policies or provisions of the

following:

1. Comprehensive Plan: The proposed use is consistent with the goals and policies of

the 2030 Polk County Comprehensive Plan.

2. Polk County Zoning Ordinance: The use is permitted in the zoning district subject to

approval of the requested Conditional Use Permit, Plat of Survey and a Minor Site

Plan.

3. Other plan, program, map, or ordinance adopted, or under consideration pursuant

to official notice, by the County: None.

C. The proposed use at the proposed location results in a substantial or undue adverse effect

on any of the following either as they now exist or as they may in the future be developed

as a result of the implementation of provisions and policies of the Comprehensive Plan,

this Ordinance, or any other plan, program, map, or ordinance adopted, or under

consideration pursuant to official notice, by the County or other governmental agency

having jurisdiction to guide growth and development:

1. Adjacent property: Adjacent properties, and properties within this general area, are

developed with allowed “LI” Light Industrial District uses. No residential uses exist

within this area.

2. Character of the neighborhood: There will be no undue adverse effects.

Surrounding properties are developed with “LI” Light Industrial District uses.

Notification to all property owners within 500 feet of the subject property has not

provided testimony.

3. Traffic conditions: The public street utilized to access the site is NE Industry Drive.

The surrounding street network has been constructed assuming usage by heavy

industrial vehicles and equipment.

4. Parking: The parking appears to be sufficient and will be reviewed through a future

Minor Site Plan process.

5. Public improvements: The property is fully developed and public improvements are

in place to serve this property.

6. Public sites or rights-of-way: The surrounding street network is adequate for the

proposed use.

7. Other matters affecting the public health, safety, and general welfare: None.

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D. The proposed use in the proposed area is not adequately served by or imposes an undue

burden on any of the following.

1. Public improvements: Adequate for proposed use.

2. Public facilities: Adequate for proposed use.

3. Public utilities: Adequate for proposed use.

4. Public services: Adequate for proposed use.

Recommendation

Staff recommends approval of the Conditional Use Permit for the Moderate Industry Use,

specifically a General Building Contractors – Non-Residential Buildings use at the subject property

at 6285 and a portion of 6335 NE Industry Drive, Des Moines, Iowa 50313 and including

approximately 4.59 total acres. Approval is subject to the following conditions:

1. This Conditional Use Permit is approved for Northwest Steel Erection, Inc. Any changes in

the operation of the site as described in this staff report and as represented in the

attachments will require a new or amended Conditional Use Permit. Operation of this use

by a business owner, other than Northwest Steel Erection, Inc., will require a new

Conditional Use Permit.

2. The operation of this use shall comply with all Polk County Lighting and Noise Ordinance

requirements.

3. Northwest Steel Erection, Inc. shall not operate their business at the subject property until

compliance with the applicable site improvements from the 2013 Major Site Plan approval

and the upcoming Minor Site Plan approval are confirmed and a Final Certificate of

Occupancy has been issued for this property.

4. All vehicles and equipment that are licensed for over-the-road travel must be parked and/or

stored on an approved hard surfaced area.

5. A Minor Site Plan followed by a Grading and Site Improvement Permit are required for

the expansion of the outdoor storage area.

6. The outdoor storage area must comply with the following standards:

a. Material storage and display yards shall not cover more than 15% of the lot and be

setback a minimum of fifteen (15) feet from adjacent property lines.

b. All outside storage must be completely enclosed in a fenced yard with a minimum

screening opacity of 1.0.

c. No item in the storage yard may be stacked higher than the fence.

d. The storage of junk, explosives, or flammable materials, and other noxious or

dangerous materials are specifically prohibited.

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e. Material and equipment storage area may utilize a gravel surface. Semi and truck

trailers are not considered equipment and shall be parked on paved surface.

7. The operation shall comply with all Polk County Air Quality Division requirements to

maintain dust free surfaces on drives, reduce errant dust generated from the subject

property, and clean all dirt and mud generated by the site from adjacent roadways.

Attachment 'A'

Steel Erection Company

ATTACHMENT 'B'

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9. Written description:

Please prov

ide a written description providing specific detail and reasons for the proposed Conditional Use Permit. (attach if

necessary)

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