Council approves similar-use determination to treat 70 Kentucky Ave as outdoor storage (vehicle tow yard) by 4-3 vote

The Monroe City Council voted 4-3 to determine that the property at 70 Kentucky Avenue is a similar use to "outdoor storage facilities," a zoning category the city code lists as including vehicle tow yards.

Background and staff analysis: Assistant City Manager Mark Cochran told council the applicant, Timothy Peck, had previously sought rezoning to allow a tow-yard use but that rezoning was denied. Staff's review found the proposed activity matches the city's code definition of outdoor storage and that vehicle tow yards are specifically cited as an example in the zoning ordinance. Cochran said that outdoor storage and vehicle tow yards are not permitted in the MU-1 zoning district that applies at 70 Kentucky Avenue, and that the property's current use differs from the legal nonconforming tow yard at 1019 Franklin Court (the Franklin Court site preexisted the rezoning and therefore remains lawful nonconforming).

Planning Commission and alternatives: The Planning Commission recommended denying the similar-use determination. Cochran said staff had discussed alternative approaches with the applicant, including limiting the Kentucky Avenue site to employee and tow-truck parking while moving long-term vehicle storage to the legal nonconforming site on Franklin Court; the applicant had not pursued that option.

Council action: Councilmember Vining moved to determine the use as outdoor storage facilities for case D-25-003 (70 Kentucky Ave); Councilmember Stillgrave seconded. The roll call during the vote recorded: Strayhorn/Stringham ' Yes; Felder ' No; Hader ' Yes; Vining ' No; Jermaine ' No; Mayor Clark ' Yes. The motion carried 4-3. Following the vote, the city attorney/staff confirmed a simple majority was sufficient for the determination.

What this means: The finding classifies the property use as outdoor storage (the city's zoning definition that includes tow yards). City staff noted the MU-1 district does not permit outdoor storage; this determination enables the city to treat the site under the applicable standards for outdoor storage rather than treat it as an unspecified use. Cochran and council members also noted the zoning ordinance contains standards requiring stored vehicles be licensed and operable, creating tension with wrecked/inoperable-vehicle storage typical at tow yards; Cochran said that discrepancy is an item the city will aim to clarify in future zoning updates.

Next steps and context: Staff advised the council that the determination does not itself constitute a zoning amendment; separate code changes would be needed to change permitted uses in the MU-1 district. Cochran reiterated that the Planning Commission and council remain available to consider alternative compliance pathways, such as permitting only employee/tow-truck parking on the Kentucky site and concentrating wrecked-vehicle storage at the lawful nonconforming Franklin Court location.