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Public comment highlights equipment-storage complaint; council advances four zoning first‑presentation items

3141342 · April 29, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

A resident raised a code-enforcement dispute over storage of construction equipment on a residential parcel; later the council voted to move four zoning-related items (including a rural event facility use permit and amendments clarifying parking of commercial vehicles) forward for public hearings.

During general public comment at Milton's April 28 meeting, resident and property owner Ben Kopaka described a code-enforcement action concerning heavy equipment on his residential property and urged clearer rules or exemptions for agricultural/home-occupation situations. Later in the meeting the council approved first-presentation motions for four zoning items, including a text amendment clarifying parking of commercial vehicles in agricultural and single-family districts.

Kopaka said he had been cited in September of the prior year for storing a skid steer, mini-excavator, tractor and trailers. He told council he had invited code enforcement to inspect and had moved the equipment to a legally zoned light industrial property after reviewing the cited section of the Unified Development Code. Quoting the ordinance language he was shown, Kopaka read: "Heavy construction, earthmoving equipment, tractors, or other heavy construction vehicles may only be stored in residential, agricultural, or nonresidential districts during construction associated with an active building permit or land disturbance permit." Kopaka said he believes the code is unclear and asked for reasonable application where property owners engage in agricultural activities or personally owned equipment is not part of a business.

Later, in first presentation items, the council considered a set of zoning matters listed on the agenda: a use permit application for a rural event facility at 12900 Arnold Mill Road; a text amendment creating an Arnold Mill Road hamlet overlay; a revision to demolition-permit notification requirements; and a text amendment clarifying commercial-vehicle and equipment parking in agricultural and single-family districts. Council moved all four items forward for public hearings and first-read processing.

Votes and motions

- The meeting approved the consent agenda (which included several recreation and construction agreements) by unanimous vote. The clerk read each consent item before the motion to approve; the motion passed unanimously.

- The council approved the first-presentation items (agenda numbers U-25-01 and RZ-25-01 through RZ-25-04) on a motion by Council Member Jan Jacobus with a second by Council Member Juliet Johnson. The meeting record states the motion "passes with Council Member Cookerly not present." Staff said the items will proceed through the public-notice and hearing process.

Why it matters: Kopaka's remarks flag an implementation and clarity issue in the Unified Development Code that the council is now separately considering in the parking/commercial-vehicle amendment on the agenda. That amendment could alter how and where construction and commercial equipment can be stored on properties in agricultural and single-family zones.

Ending

Staff will return the four zoning proposals for the required public notices and hearings; Kopaka said he has sought legal advice and expects to pursue clarification or appeal through the code enforcement and hearing process if necessary.