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Newberry board upholds stop-work order for TrackLine site, directs staff to process site plan
Summary
The City of Newberry Board of Adjustment denied TrackLine’s appeal of a stop-work order on May 13, upholding the order and directing staff to resume processing the company’s site and development plan.
The Board of Adjustment for the City of Newberry on May 13 denied an appeal by TrackLine and upheld a stop-work order that had been placed on the company’s Tibbetts Road site, the board said in a motion that passed at the special meeting.
City Community Development Director Stacy Hector told the board the city met with TrackLine in October 2024, advised the company that a site and development plan was required under Appendix A, Article 4, Section 4.170.2 of the city code, and set a deadline for submittal. Hector said the building official issued the stop-work order after TrackLine did not meet the April 11 deadline and code-enforcement activity was confirmed: “We notified them again that a site and development plan was required.”
The denial focused on process and permitting rather than environmental claims. Hector emphasized the hearing was quasi-judicial and limited to whether the city followed its code and produced substantial, competent evidence for the stop-work order. The staff recommendation presented to the board was to “deny the appeal, lift the stay, and uphold the stop work order” (Resolution No. 2025-17). The board adopted that recommendation.
TrackLine owner David Malay and Jay Brown of JB Pro told the board they believed they had been following a timeline discussed in pre-application meetings and that their formal site-plan submittal occurred after the April 11 date. Brown said of the April 11 target, “that’s where that date came from” and explained the firm needed additional survey and stormwater work before final electronic submittal. Malay said his team had repeatedly asked staff what was required and described ongoing efforts to obtain county and state approvals.
Several commissioners and members of the public said permitting consistency mattered more than claimed economic benefits. Commissioner Coleman said TrackLine’s operation without a processed permit was unacceptable and added, “I do not I don’t think you’re a good fit here in the city of Newberry.” Business owner Mike Troiano, who spoke during public comment, told the board nearby businesses had health concerns and said, “This has gotta stop immediately.”
City staff said they had posted notice to nearby parcel owners on April 28 and that Alachua County notified the city on May 6 that county officials had ordered a halt to the grinding activity. Staff and applicants disputed whether informal verbal encouragement to pursue the project existed; staff pointed to written transition emails from former city manager Mike Noon outlining the required submittal steps and a February pre-application meeting where site-plan requirements were discussed.
After the vote the board directed staff to resume processing the application that TrackLine had filed so the formal review (planning and zoning, any special-use determination, and related permits) can proceed. The board limited its decision to the procedural question before it; environmental and health issues were raised in public comment but were not decided in this hearing.
The motion to deny the appeal and uphold the stop-work order was adopted; the board then asked staff to continue moving the submitted site-and-development application through the city’s review process.
