Item Coversheet

6.A.


Shakopee Planning Commission Meeting
March 4, 2021


FROM: Mark Noble, Senior Planner 
TO:Planning Commission
Subject:
PUBLIC HEARING - Interim Use Permit for Concrete Crushing and Storage of Construction Materials and Equipment for Cretex Industrial Park, LLC
Policy/Action Requested:
Forward a recommendation to the City Council supporting the proposed Interim Use Permit request to allow concrete crushing and storage of construction materials and equipment, consistent with staff’s recommendation.
Recommendation:
Staff and outside agencies have reviewed the proposal and have recommended approval, subject to the conditions noted in the draft Resolution (attached).
Discussion:

Cretex Industrial Park, LLC, applicant and property owner, is requesting that the Planning Commission forward a recommendation supporting their Interim Use Permit request to allow temporary concrete crushing and storage of construction materials and equipment on their property located south of Hwy. 101 and west of Stagecoach Road.

The subject property is located on Outlot B of Hentges Industrial Park (approximately 12 acres) and is zoned Heavy Industrial (I-2). The applicant would like to allow for the temporary outdoor storage of construction materials and equipment, including but not limited to, pipe, rock, concrete, soil, mulch, and wood. Additionally, they would like to allow for the crushing of concrete, including the remainder of pipe materials currently stored on site. They have also requested that other materials be brought to the site for crushing/recycling. Staff does not support this activity, unless it is related to construction of the proposed Hentges Way, reconstructed Stagecoach Road, and/or the pending WPT project (Southwest Logistics Center proposed on the westerly 39 acres of this development).

The purpose of an Interim Use Permit is as follows:
(a) Ensure sufficient information is provided by the applicant;
(b) Ensure interim uses comply with City Code Requirements;
(c) Ensure temporary uses remain temporary in nature;
(d) Ensure appropriate conditions are attached to enhance compatibility with surrounding uses;
(e) Ensure interim use permit applications are processed in a manner consistent with state statutes; and
(f) Interim Use Permits may be used for the temporary establishment of any use listed in any zoning district as a permitted or conditional use.

 

 

The following are findings that shall be made prior to approval of an Interim Use Permit:
(a) The proposed use will not delay permanent development of the site;
(b) The proposed use will not adversely impact implementation of the Comprehensive Plan or adopted plan for the area;
(c) The proposed use will not be in conflict with any provisions of the City Code on an ongoing basis;
(d) The proposed use will not be injurious to the surrounding neighborhood or otherwise harm the public health, safety, and welfare;
(e) The date or event that will terminate the use has been identified with certainty;
(f) The property on which the use is situated has no open enforcement orders and there are no nuisance characteristics associated with the property or its current use.
(g) Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and
(h) The user agrees to any conditions that the governing body deems appropriate for permission of the use.

 

 

Staff reviewed the above criteria and have found that the proposal would meet the eight (8) criteria, provided the following conditions are met:
1. Exterior storage (including concrete material, soil, mulch, wood, and construction material) shall not exceed the height of 25 feet. Cranes shall be stored in the down position.
2. The performance Standards and Design Standards of the City Code shall be complied with, particularly concerning odor/noise/smoke/vibration requirements.
3. All materials currently being stored in the drainage and utility easement along the north side of the site must be relocated prior to any other uses being allowed.
4. All proposed uses will take place within the limits of the area identified within Exhibit A.
5. Prior to any land disturbing activity, the applicant will obtain a grading permit and/or a building permit. Along with the permit(s), the applicant must submit a detailed impervious surface drawing.
6. A Construction Management Plan must be completed for the site.
7. Approval of the Interim Use Permit request does not constitute approval of the submitted plans.
8. No overnight camping or Recreational Vehicle storage shall be permitted on the site.
9. No other materials be brought to the site for crushing/recycling, unless it is related to construction of the proposed Hentges Way, reconstructed Stagecoach Road, and/or the pending WPT project (Southwest Logistics Center proposed on the westerly 39 acres of this development).
10. Hours of operation for concrete crushing shall be limited from 7am to 10pm weekdays, and 9am to 9pm weekends and holidays.

 

 

If approved the following language pertains to the term of said approval, and expiration/termination of said Interim Use Permit:
(a) The term of an Interim Use Permit must not exceed two years with a review after the first year.
(b) An Interim Use Permit expires, and the Interim Use must terminate at the earlier of:
1. The expiration date established by the City Council at the time of approval, but in no event more than two years from the date of approval;
2. The occurrence of any event identified in the Interim Use Permit for the termination of the use;
3. Upon an amendment of the City Code that no longer allows the interim use;
4. Unused interim use permits expire six months after approval if the proposed use has not commenced or a complete building permit application for a structure to support the interim use has not been submitted to the city for review. A land owner may apply to the Zoning Administrator for no more than one-time extension of up to six months for an unused interim use permit.
5. Interim Use Permits expire if the interim use ceases operation for a continuous period of one year or longer.

Staff reviewed the above criteria and have found that the proposal would meet the eight (8) criteria, with conditions as included in the draft Resolution. The proposed location is not in use by the public during this time frame, the proposed use would have minimal visibility from adjacent properties/rights-of-way, and traffic impact would be minimal. City Engineering staff have provided comments that have been incorporated into the draft Resolution. The applicant will need to work closely with City staff on the submittal of a final site plan to ensure compliance with any City Code requirements.


ATTACHMENTS:
Description
Draft Resolution
Site Aerial
Exhibit A
Exhibit B
Engineering Memo
Hentges Industrial Park Final Plat