Garden City commission approves Industry-Flex use at 4410 N. Osage with fencing, landscaping, occupancy conditions

The Garden City Planning and Zoning Commission on March 26 approved a conditional use permit to allow an Industry‑Flex designation across an existing multi‑tenant property at 4410 N. Osage Street, subject to conditions on fencing, landscaping and occupancy permits.

The permit, listed as CUP FY2025‑006, applies to the whole parcel and was approved 4‑0 after testimony from the applicant, Eric Hagen, and property owner Stacy Seacrest and a staff presentation by Hannah Beal. Commissioners attached conditions that require visible chain‑link fencing to be replaced with code‑compliant materials, allow a six‑foot sheet‑metal fence along Osage so long as the fence is moved back toward the building corner to reduce public‑right‑of‑way prominence, require landscaping to meet minimum code tree requirements, and give the property owner three years to bring the specified fencing into compliance.

Why it matters: the Industry‑Flex designation is an “umbrella” use that can include vehicle services, storage and light industry in multi‑tenant parcels. Staff and commissioners expressed concern about potential conflicts between indoor industrial activities and adjacent residential zoning, and drafted conditions intended to limit outdoor emissions, mechanical equipment and shipping or delivery uses near residences.

Applicant and property owner statements: property owner Stacy Seacrest told the commission she has owned the property a little more than two years and “spent almost a hundred and 50,000 on repairs on the property since I purchased it,” listing roof, plumbing, electrical and other upgrades. Seacrest said the owner is seeking to move the site “away from auto repair towards something that’s a little more neighborhood friendly and quieter.”

Eric Hagen, who presented for the application, described the Industry‑Flex request as a way to consolidate and streamline permits for a multi‑tenant site and to allow a mix of storage and light commercial uses. Hagen explained the site already contains several vehicle‑service tenants and a building‑materials retailer, Foothills Granite, and that the proposed tenant PVC Bridal would use one unit primarily for storage. Hagen noted the property has an existing 50‑foot easement for the Thurman Mill Lateral Canal along the rear property line, with mature trees in the canal that screen the site from adjacent residences.

Staff concerns and recommended conditions: planner Hannah Beal said the Industry‑Flex umbrella can include uses that conflict with the C‑2 zoning district’s intent for mixed‑use corridors and residential compatibility. Citing Garden City code (staff referenced the Industry‑Flex provisions and the 500‑foot offset for certain outdoor activities), Beal identified the lack of a designated shipping/delivery area and the presence of several tenants operating without occupancy permits. Staff recommended conditions requiring all current businesses to obtain proper occupancy permits and limiting outdoor activity or mechanical equipment that would be closer than 500 feet to abutting residential districts, and also proposed tree‑type requirements along street frontages.

Fencing and landscaping: a major point of debate was the existing fencing. Staff and the applicant described a combination of wood, chain‑link and corrugated metal (sheet‑metal) fencing on different portions of the parcel. Staff referenced a decision condition that currently reads to remove “all chain link fencing, barbed wire, and sheet metal fencing” and replace them with code‑compliant fencing; commissioners and staff agreed the condition wording needed clarification. The commission ultimately required visible chain‑link along 40th Street to be replaced with code‑compliant fencing, required the sheet‑metal fence and gate along Osage to be replaced but allowed a waiver of the standard height limit so the Osage frontage fence may remain six feet tall if moved back toward the building corner to reduce its visibility, and gave three years for the work to be completed.

Occupancy permits and compliance: commissioners adopted a condition that all businesses operating on the site must obtain the proper occupancy permits (building or other permits as determined by staff) before legal occupancy. Staff told the commission that several tenants were found operating without occupancy certifications and that addressing those permits is a life‑safety priority.

Quantities and costs discussed at the hearing: Seacrest said she has invested about $150,000 in site repairs since purchase. Hagen said roughly $41,000 in site improvements would be needed to accommodate the new tenant, and noted the PVC Bridal lease is for 27 months at $6,500 per month. Tree requirements were described in code terms (one Class 1 tree per 50 feet of frontage and one Class 2/3 per frontage), with the applicant proposing to meet the code minimum rather than replace existing Class 1 trees that already line the site.

Commission action and vote: after deliberation, the commission approved the CUP with the amendments described above by a 4‑0 vote. Commissioners stated the approval balances code compliance and the owner’s ongoing improvement plan and provides a clear, phased compliance path for fencing and landscaping.

Votes at a glance: - Consent agenda (minutes, Edgemere preliminary/final plat continuance to 04/16/2025, Strive Academy conditional use continuance, plus CUP FY2025‑007 Azan Pet Grooming and SUB FY2025‑001 River Villas moved to consent): approved unanimously on a single motion. - CUP FY2025‑006 (4410 N. Osage, Industry‑Flex): approved 4‑0 with conditions described above.

What the commission directed next: staff was asked to clarify the fencing condition language to distinguish between chain‑link visible from the public right‑of‑way and non‑visible fencing, to set a clear timeline for the three‑year compliance, and to ensure occupancy permit follow‑up with Development Services. Commissioners also discussed retaining the Industry‑Flex umbrella while using conditions to restrict particular outdoor activities that would create noise, emissions or public‑safety concerns near residential zoning.

The commission closed the public hearing on the item and moved on to a scheduled work session on multiple proposed code amendments.