Council rejects rezoning for aggregate storage site after neighbors, manufacturers raise dust and contamination concerns

City Council on Jan. 21 denied a conditional rezoning that would have allowed expanded industrial activity and large outdoor storage on Industrial Pike, after nearby manufacturers and property owners told council the proposed use posed risks to product quality, employee health and ongoing businesses in the industrial park.

The applicant, Fairby Corporation, had sought to rezone roughly 15.9 acres from I‑2 (general industrial) to an I‑3 conditional district. The initial application had proposed an asphalt plant; after community pushback Fairby removed the plant from the request and revised the site plan to limit the on‑site use to storage of aggregate and recycled asphalt pavement (RAP) that would support an asphalt plant located across Industrial Pike. The applicant proposed buffers and agreed to pull RAP piles inward by several hundred feet and add undisturbed vegetative buffers.

Planning staff reported the site is surrounded by existing industrial uses and noted the 2025 future land use map identifies the area for industrial use. Staff recommended approval of the revised application; planning commission had forwarded a recommendation that did not reach the three‑quarters majority required, so the matter proceeded to council for final decision.

Manufacturers and property owners in the industrial park spoke in opposition. Jim Warren, representing a local textile firm, warned that fabric made on bright‑white substrates could be contaminated by dust from aggregate handling and that product certification and supplier contracts would be jeopardized. Hannes Scharen of TCI Mobility, a manufacturer of lithium electric industrial vehicles, described his company’s sensitive manufacturing processes and said the proposed storage and truck traffic would create dust, congestion and noise; he said the applicant had not engaged sufficiently on mitigation since the last meeting.

Applicant counsel Tom Terrell and representatives from Fairby said they had worked with neighbors, revised the site plan and moved stockpiles into lower (below‑grade) locations so piles would be lower than off‑site grade and shielded by existing vegetation; they said they planned dust‑control measures, water trucks and operational controls and noted that peak truck counts would be far lower than some opponents claimed. Fairby representatives said their operations are seasonal and truck arrivals depend on orders; they offered conditions including 20–30 foot undisturbed buffers on several property lines and relocation of RAP and aggregate piles 200–500 feet internal to the site.

Council debate focused on whether the use — large outdoor stockpiling and support operations for an asphalt plant — fits within the character of the industrial park and whether the buffers proposed would adequately protect adjacent manufacturers whose product quality can be affected by dust. After discussion, a motion to approve the rezoning failed on a 2–4 vote (two in favor, four opposed). Council did not approve the I‑3 conditional rezoning as presented.

What council voted on: the revised conditional rezoning that removed the asphalt plant itself and limited the on‑site use to storage and support for an asphalt plant operating on the adjoining parcel. Planning staff recommended approval; neighboring businesses and property owners urged denial. The council’s negative vote leaves the property at its existing I‑2 zoning.

Next steps: The applicant can revise and return with a new petition or pursue the use under current zoning if allowed; neighbors and city staff said they would continue discussions about whether alternative sites or further mitigations could address the manufacturers’ concerns.

Sources: Planning staff presentation, applicant counsel remarks, public testimony recorded Jan. 21, 2025.