Cretex Industrial Park, LLC, applicant, and property owner, is requesting that the Board of Adjustment and Appeals approve their Conditional Use Permit to allow for concrete crushing, commercial vehicle sales/service facility, and exterior storage of construction equipment and materials on their property located south of Hwy. 101 and west of Stagecoach Road (7350 Hentges Way).

The subject property is located on Lot 1, Hentges Industrial Park 2nd Addition (approximately 9 acres) and is zoned Heavy Industrial (I-2). S.M. Hentges and Sons, Inc. is proposing construction of an office building, repair facility (including a future phased expansion) and an outdoor storage yard on this property for their large trucks and heavy equipment. Additionally, the applicant would like to allow for concrete crushing and outdoor storage of construction materials, including but not limited to: concrete rubble, crushed concrete, sand, topsoil, mulch, and other materials used in road building and landscaping. They would also like to, on occasion, have equipment sales (trucks, earthwork equipment, and other related equipment, typically 6-10 pieces/month).

Findings
Section 151.011 (Conditional Use Permits), Subd. A (Criteria for Granting Conditional Use Permits) states “In granting a conditional use permit, the Board of Adjustment and Appeals shall consider the effect of the proposed use upon the health, safety, and general welfare of the occupants of surrounding lands and the City as a whole.” The Board of Adjustment and Appeals shall not grant a conditional use permit without making certain findings.

The criteria required for the granting of conditional use permits are listed below with staff findings.

Criteria #1 The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity;
Finding #1 The City has not received any evidence that the proposed use will be injurious to the use and enjoyment of other property in the immediate vicinity, nor would it substantially diminish or impair property values in the area, provided the use complies with the conditions of the resolution.

Criteria #2 The establishment of the conditional use permit will not impede the normal and orderly development and improvement of surrounding vacant property for uses allowed in the area;
Finding #2 The conditional use permit should not impede future development and improvement in the area, provided the use complies with the conditions of the resolution.

Criteria #3 Adequate utilities, access roads, drainage and other necessary facilities have been or will be provided;
Finding #3 The Board finds that adequate utilities, access, drainage and other necessary facilities have been or will be provided for the site, as conditioned in the resolution.

Criteria #4 The use is consistent with the purposes of the zone in which the applicant intends to locate the proposed use; and
Finding #4 The use of the subject property is consistent with the purposes of the Heavy Industry (I-2) Zone.

Criteria #5 The use is not in conflict with the Comprehensive Plan.
Finding #5 The use is not in conflict with the Comprehensive Plan (Industrial).

Staff reviewed the above criteria and have found that the proposal would meet the 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. Construction equipment 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. No materials shall be stored in the drainage and utility easements.
4. All proposed uses will take place as shown on the submitted Site Plan (dated 01/19/21).
5. Additional landscaping, fencing and/or berming will be required to ensure screening of the construction equipment/materials complies with the City Code requirements.
6. Provide proper material (concrete, bituminous and/or granite/stone) of an adequate depth (6 inches +/-) as approved by City staff for all vehicular movement and equipment/material storage areas.
7. Vehicle sales shall not exceed 10 vehicles/month. Records of sales shall be provided to City staff when requested.
8. 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.
9. A Construction Management Plan must be completed for the site.
10. No overnight camping or Recreational Vehicle storage shall be permitted on the site.
11. Hours of operation for concrete crushing shall be limited from 7 a.m. to 10 p.m. weekdays, and 9 a.m. to 9 p.m. weekends and holidays.

City Engineering and Planning staff have provided comments that have been incorporated into the draft Resolution. Of particular emphasis by city staff is the need for extensive screening of the storage equipment and materials, and for proper material (concrete, bituminous and/or granite/stone) provided for all vehicular movement and equipment/material storage areas. The applicant will need to work closely with City staff on the submittal of a final site plan at time of building permit should this CUP be approved to ensure compliance with any City Code and CUP Resolution requirements.