West Fargo planning commission approves subdivision and conditional use permit for aggregate crushing at 1001 12th Ave NE

West Fargo Planning and Zoning Commission on the record approved a four‑lot subdivision and a conditional use permit (CUP) Friday to allow occasional concrete crushing and aggregate stockpiling on Lot 3, Block 2 at 1001 12th Avenue Northeast.

City planning staff told the commission the property is in the M Heavy Industrial zoning district and is intended to accommodate future industrial development. Staff recommended conditional approval and read a set of mitigation conditions that must be met before crushing or stockpiling begins, including obtaining a construction stormwater permit and civil site permit, securing an air quality permit from the North Dakota Department of Environmental Quality and complying with all applicable air‑quality rules.

The approved conditions also require use of a properly sized water‑spray dust suppression system during crushing, a setback of at least 200 feet from all Lot 3 property lines for crushing operations, hours limited to 7 a.m. to 10 p.m., and a prohibition on crushing when sustained wind speeds exceed 15 miles per hour as measured at the nearest National Weather Service reporting station. Crushing was limited to no more than 28 individual days per calendar year under the permit.

Opponents including an attorney representing nearby K and K Construction Repair and Galvanizers Inc. and several local property owners urged the commission to deny the CUP, citing concerns about fugitive dust, noise and truck traffic. "My clientworriesabout the technical accuracy that those machines require and whether crushing of some of the aggregates listed in the application would impact his business," attorney Joseph Hackman said during public comment, speaking on behalf of the Galvanizers business and other signatories to an opposition packet submitted to the commission.

Randy Rust, a shop condo owner near the proposed site, said he was "not in favor" and described frequent truck congestion and horn noise at the 12th/9th cul‑de‑sac that he said could worsen with additional truck movements.

Applicant Trent Duda, who identified himself as with Earthwork Services and ARD Properties, told the commission crushing would be performed by a mobilized crusher and would be infrequent. "We've never crushed more than like 14 days in a year," Duda said, adding he requested a 28‑day allowance for flexibility but that typical operations involve one set of crushing for a short period. He described on‑site water spray nozzles on the crusher that "spray right into that to keep that dust down," and argued the proposed operations would be farther from some existing businesses and the landfill than other existing crushers.

Brian Patingo of Houston Engineering, who said his firm is responsible for the plat, said access points were coordinated with the city to align with existing arterial intersections on 9th and 12th and that traffic generation would be comparable to a typical warehouse or trucking facility rather than a higher‑volume use.

Commissioners questioned staff about prior crushing operations and complaints. Staff acknowledged past temporary crushing operations associated with demolition and infrastructure projects that at times drew dust complaints, and said the city can investigate complaints, use National Weather Service wind‑speed data as evidence and, if warranted, pursue code enforcement up to revoking the CUP.

After discussion, a motion to approve the subdivision and CUP with the staff‑recommended conditions passed on a roll call vote: Commissioner Schoen — yes; Commissioner Amann — yes; Commissioner Wery — yes; Vice Chair Gust — yes; Commissioner Fornace — yes; Commissioner Kopp — yes; Commissioner Haast — yes.

The applicant must complete required permitting and enter any subdivision improvement and public dedication agreements before final plat approval and may not begin crushing or stockpiling until those prerequisites and the CUP conditions are satisfied. The commission closed the hearing and moved on to non‑agenda business, including a separate discussion about development incentives and tax increment financing policies.