Title
Conduct a Public Hearing to Consider/Discuss/Act on whether to Conduct a Second Public Hearing to Determine an Amortization Period and Establish a Compliance Date for the Nonconforming Concrete Batch Plant Use (Cowtown Redi-Mix), at the Request of the City Council (Resolution No. 2019-12-144 R), for Property Located at 2015 South McDonald Street, McKinney, Texas
Summary
BOARD OF ADJUSTMENT CASE NUMBER: 20-03
MEETING DATE: February 26, 2020
DEPARTMENT: Development Services
CONTACT: Michael Quint, Executive Director of Development Services
Rick Herzberger, Chief Building Official
Kerry Simpson, Interim Director of Code Services
Jennifer Arnold, AICP, Director of Planning
Kyle Odom, Environmental Engineering Manager
RECOMMENDED BOARD ACTION:
1. Determine that the continued operation of the nonconforming use will have an adverse impact on nearby properties or the community welfare;
2. Call for a second public hearing to determine an amortization period and establish a compliance date for the nonconforming use; and
3. Issue a subpoena to Cowtown for the production of all relevant operational, financial, and procedural documents, which will be used to determine an amortization period.
ITEM SUMMARY: In accordance with the requirements outlined in Section 146-40(g) (Amortization of Nonconforming Uses) of the Zoning Ordinance, on December 3, 2019, the City Council adopted resolution no. 2019-12-144(R) formally requesting that the Board of Adjustment consider establishing a compliance date for a nonconforming use on the property located at 2015 South McDonald Street (Cowtown Redi-Mix). The subject property is more fully depicted on the attached Aerial Map. At this hearing, under this case number 20-03, the Board will only determine whether the nonconforming use of the property will have an adverse effect on nearby properties or the community welfare, and whether the next steps in determining an amortization period and establishing a compliance date sh...
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