Placement: Resolutions / Quasi-Judicial Hearing
Action Requested: Motion / Vote
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Resolution 25-R81, Quasi-Judicial, Public Hearing, a Resolution Granting a Special Exception Use to Allow a Concrete Plant to be Located in the Industrial Zoning District as per Section 158.136 (C) (8) of the Zoning Code (P24-134).
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Submitted By: Daniel Robinson, Planner III
Strategic Plan Link: The City's Goal of Strategic Growth for a Resilient Future.
Executive Summary (General Business): The applicant is requesting a special exception use (SEU) to allow a concrete plant in the Industrial Zoning District. Section 158.136(C)(8) of the Zoning Code allows heavy industrial uses that are not specifically listed to be approved by special exception in the Industrial (IN) Zoning District.
Presentation Information: Staff will provide a presentation.
Staff Recommendation: Move that the Council approve the resolution as recommended by the Planning and Zoning Board.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve the resolution.
2. Move that the Council deny the resolution and provide staff with direction.
Background: In 2019, the property was rezoned to Service Commercial to bring the property into compatibility with the existing Land Use of Service Commercial and to allow the applicant to develop a warehouse building with open storage for a concrete fencing business at this site. The business owner now proposes to expand his business by adding a batch concrete plant. On February 10, 2025, Lot 13 was approved by City Council for the change of the Future Land Use to Heavy Industrial and the Zoning to Industrial. On November 12, 2024, Lot 14 was approved by City Council for the change of the Future Land Use to Heavy Industrial and the Zoning to Industrial. The next steps to have a batch concrete plant on the property are to receive approval for a SEU, and then a site plan.
Issues/Analysis: An ESAL (Equivalent Single Axel Load) was provided to analyze the additional load being put on City roads from the concrete trucks proposed as part of this Special Exception Use. The additional loading on city roads will cause faster deterioration of the roadway if the roadways being utilized are not built to a high enough structural capacity to handle the concrete truck weight. Per this analysis, it was agreed that the applicant would need to provide 1” of additional asphalt from the project’s southern driveway north to Commerce Centre Drive along Commerce Lakes Drive. The City’s legal department and the property owner have put together a Cost Responsibility Agreement (attached). Based on the cost estimate from the City’s contractor contract pricing and this agreement, the developer has agreed to provide the City a payment of $40,082.31 upon approval of the SEU and prior to Public Works construction permits being issued. The City will coordinate the additional work and the timing of the asphalt with the roadway work already planned in the area of Commerce Centre Drive very soon.
Financial Information: N/A
Special Consideration: N/A
Location of Project: The property is located at 2134 and 2174 NW Commerce Lakes Drive.
Business Impact Statement: N/A
Attachments:
• Resolution
• Exhibit A - Conceptual Site Plan
• Staff Report
• Cost Responsibility Agreement
• Public Works Memo
• Equivalent Single Axel Load Report
• Application
• Deeds
• Staff Presentation
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: 25321-04
Legal Sufficiency Review:
Reviewed by Elizabeth L. Hertz, Senior Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, City Attorney.