Agenda

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13.

City Council Regular Meeting

Meeting Date:

10/12/2021

BACKGROUND

Per Section 21.5.8.C.3 of the Unified Development Code (UDC), "It is recognized that the permitted use chart may require amendment, from time to time, to allow for uses that were otherwise not permitted. In the event an amendment to the permitted use chart is required, the procedure for the amendment shall be the same as required for an amendment to the text of the UDC in accordance with section 21.4.7 of this UDC." Staff was approached by a property owner about a use that involved removing significant amounts of soil from a property and taking in additional soil on the property. Essentially, selling dirt that is desirable for construction and taking soil that is not desirable for construction. The use is not listed in the UDC, so staff is proposing an amendment to the table of uses to add this use and indicate in which districts it is allowed. Although not directly addressing the proposed UDC amendment, the property owner who prompted this has provided materials they have asked to be included in the packet to explain how this type of operation might work.

Aggregates are any commonly recognized as construction material such as stone, crushed and broken limestone, crushed and broken granite, other types of crushed and broken stone, construction sand and gravel, industrial sand, dirt, soil, or caliche.
Staff would define Aggregate Extraction as, the removal of stone, sand, gravel, dirt, soil or caliche or the addition of those materials.

GOAL

The project goal is to add, Aggregate Extraction, to the list of uses within the permitted use table, 21.5.8 and determine in which districts it is permitted by right, with a Specific Use Permit (SUP) or not allowed.

COMMUNITY BENEFIT

It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth.

SUMMARY OF RECOMMENDED ACTION

In making a recommendation as to which districts should allow Aggregate Extraction, staff considers similar uses in the UDC, in particular those where dust and noise would be created by the heavy equipment such as at a Concrete/Asphalt Batching Plant, which is only allowed in the Manufacturing Heavy District (M-2) and it requires an SUP. This type of business, Aggregate Extraction, would have the same concerns such as the dust created with the removal of all natural vegetation and topsoil, as well as the noise from the heavy equipment that is used on site. Aggregate Extraction would be different in that there will not be equipment to crush rock or materials or manufacture cement or asphalt which is noisy.

FISCAL IMPACT

None

RECOMMENDATION

The Planning and Zoning Commission conducted a public hearing on September 22, 2021, at this meeting the Planning and Zoning Commission felt that the Aggregate Extraction should be allowed within the Manufacturing Light District (M-1) and Manufacturing Heavy District (M-2) with the approval of a Specific Use Permit (SUP). In doing this it would allow the Commission and City Council the opportunity to see the proposed layouts, plans, and decide if the location is compatible with the surrounding land uses.

After the discussion the Planning and Zoning Commission offered a recommendation of approval with a 6-0 vote to amend the permitted use table to allow Aggregate Extraction with an SUP. Staff recommends approval of Ordinance No. 21-S-44 on first reading.

Attachments
Ord. No. 21-S-44
Property Owner Request