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Conditional Use Permit No. 2011-21 <br />October 10, 2011 <br />Page 2 <br />will be replaced with a 10-foot high block wall. Additionally, signage will be brought into compliance <br />with the sign code, roof equipment will be screened from public view, and landscaping will be added <br />to the site. Finally, the site will be improved to comply with water quality statutes, including the <br />installation of clarifiers, biofilters and a detention/desilting basin on the site (Exhibits 3, 4 and 5). <br />Project Background <br />In July 2006, Bender Ready Mix was issued a certificate of occupancy to operate a warehouse use <br />on the subject site. In April 2007, the City received a complaint regarding the unpermitted <br />operation of a cement facility at the site. In response, the Community Preservation Division met <br />with the business owner and notified them of the corrections required to legalize the facility. In <br />February 2008, the City filed a criminal complaint against the business owners for failure to comply <br />with outstanding violations, including failure to possess a conditional use permit for a cement <br />manufacture business in the Heavy Industrial (M-2) zoning district. Since that time, the complaint <br />has been on hold in the court system as the applicant has been working with staff to obtain the <br />necessary approvals to operate the facility at this location. <br />General Plan and Zoning Consistency <br />The General Plan land use designation for the site is Industrial (IND), which allows manufacturing and <br />industrial facilities such as the proposed use. The designation applies to areas of the City which are <br />predominantly industrial in character such as this area of the City. Further, Industrial land use <br />designated areas are vital to the economic health of the City as they provide employment <br />opportunities for local residents and generate municipal revenues for continued economic <br />development. The project site is consistent with this General Plan land use designation. <br />The zoning for the site is Heavy Industrial (M-2). The M-2 zone is intended to accommodate <br />heavier, more intense industrial uses such as cement manufacturing facilities. Therefore, the <br />proposed use is also consistent with the zoning designation. <br />Project Analvsis <br />Conditional Use Permits are governed by Section 41-638 of the SAMC. Conditional use permits may <br />be granted when it can be shown that the following can be established: <br />• That the proposed use will provide a service or facility which will contribute to the general well <br />being of the neighborhood or community. <br />• That the proposed use will not, under the circumstances of the particular case, be detrimental to <br />the health, safety, or general welfare of persons residing or working in the vicinity. <br />• That the proposed use will not adversely affect the present economic stability or future economic <br />development of properties surrounding the area. <br />31A-4