Public Hearing and Ordinance - Zoning Application No. Z0326-0445

Staff Report & Agenda Item Details

A public hearing was held regarding Zoning Application No. Z0326-0445. Adam Bailey, Director of Planning and Development Services, stated that the applicant proposes to redevelop the property with a new office and maintenance building and an outdoor storage yard for their paving construction business. The site, originally developed in 1980 as a mobile home dealership and vacant since 2005, would be used to store construction-related materials and equipment, including barricades, traffic control devices and signage, building materials, trucks, trailers, and construction equipment. The equipment includes 5 bobcats, 5 mini excavators, 5 rubber-tire backhoe loaders, and one milling machine. While a paving construction business is a permitted use in the Commercial zoning district, the outdoor storage yard requires a Conditional Use Permit (CUP). Mr. Bailey stated that the proposed two-story building would range from approximately 5,000 to 6,000 square feet and be oriented toward the IH-30 frontage road. The building would include garage bays for equipment maintenance. The proposed CUP stipulations include enhanced landscaping and screening requirements, including board-on-board fencing where visible from the street and additional landscaping along Big Town Boulevard and IH-30. The proposed ordinance would also regulate the types and locations of outdoor storage, require the property to comply with current development standards, and limit the CUP to the applicant, making it non-transferable. Applicant, Kevin Moore, representing Elite Emerald Construction, presented an overview of the proposed application. Large equipment will remain at construction sites and equipment or supplies stored on-site will not be visible due to the screening. He stated that rather than installing a board-on-board fence up to the building and a wrought iron fence around the parking area, he would prefer that the board-on-board fence be installed around the entire perimeter of the property, enclosing the building and parking area for security purposes. Rolando Salazar, Owner of Elite Emerald Construction stated that there may be dump trucks and 18-wheeler cabs parked on the property. Tammy Jo Strong, 1713 Cool Springs Drive, expressed support for the proposed application. No others appeared regarding the proposed application. Mr. Hubacek moved to approve Zoning Application No. Z0326-0445, with the following stipulations: 2.01. This issuance of this CUP is conditioned upon an office use being operated within the building to be constructed on the Property. The CUP shall terminate, and all outdoor storage shall cease, in the event an office use is not continuously operated during normal business hours within the building on the Property. 2.02. The outdoor storage area shall be limited to the areas shown on the Concept Plan, attached hereto as Exhibit A and incorporated herein by reference, as clarified in this subsection. Outdoor storage is permitted on any area of the Property that is designated on Exhibit A for Storage or Parking for Trucks, Trailers and Equipment. Outdoor storage is prohibited in the areas on Exhibit A marked as Maintenance Parking, Proposed Building and Office Parking. Within the Parking for Trucks, Trailers and Equipment outdoor storage area, construction equipment shall be limited to storage of the following: 2.02.1. Up to five (5) skid steer loaders (commonly known as Bobcats), not exceeding 9,000 lbs. operating weight per unit; 2.02.2. Up to five (5) mini excavators, not exceeding 19,000 lbs. operating weight per unit; 2.02.3. Up to five (5) rubber-tire backhoe loaders, not exceeding 18,000 lbs. operating weight per unit; 2.02.4. Up to one (1) milling machine, not exceeding 78,000 lbs. operating weight; and 2.02.5. Up to one (1) 52-ft long flatbed trailer. 2.02.6. Parking of tractor trucks, enclosed trailers (i.e., 18-wheelers) and dump trucks shall be permitted, provided the total n

This motion is scored as RESTRAINS_GOVERNMENT (Impact Weight: 6.4/10). Under the Bastiat Liberty Watchdog Index, voting YES on measures that cap or reduce ad valorem tax burdens, expand taxpayer exemptions, retire debt early, enforce competitive bidding caps, or remove regulatory/zoning barriers to private property rights earns a positive Pro-Liberty score.