Title
Conduct a Public Hearing to Consider/Discuss/Act on Determining an Amortization Period and Establishing a Compliance Date for the Nonconforming Concrete Batch Plant Use (TXI Operations, LP/Martin Marietta Redi-Mix) on the Property Located at 2005 South McDonald Street, McKinney, Texas
Summary
BOARD OF ADJUSTMENT CASE NUMBER: BOA 20-04
MEETING DATE: July 29, 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
RECOMMENDED BOARD ACTION:
Staff recommends that the Board of Adjustment approve a compliance date of April 29, 2021 for the nonconforming use.
ITEM SUMMARY:
* Staff recommends that the Board of Adjustment approve and adopt a date which the nonconforming concrete batch plant use located at 2005 S. McDonald Street must come into compliance with the requirements of the Zoning Ordinance.
* In accordance with Section 146-40(g) Amortization of Nonconforming Uses) of the Zoning Ordinance, the Board of Adjustment shall consider the following factors in determining a reasonable amortization period:
1. The owner's capital investment in structures, fixed equipment, and other assets (excluding inventory and other assets that may be feasibly transferred to another site) on the property before the time the use became nonconforming;
2. Any costs that are directly attributable to the establishment of a compliance date, including demolition expenses, relocation expenses, termination of leases, and discharge of mortgages;
3. Any return on investment since inception of the use, including net income and depreciation;
4. The anticipated annual recovery of investment, including net income and depreciation; and/or
5. A reasonable wind-up period for the nonconforming use.
* To...
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