McKinney April 2022

CITY Lawsuit challenges stall eorts by city to close 2 concrete plants

ELDORADO PKWY.

CowTown Redi-Mix, Inc.

Martin Marietta Materials Inc.

BY MIRANDA JAIMES

the city is working to gain voluntary compliance from the plants, the city web page states. In November, TXI submitted an amended complaint to the court. In this amended lawsuit against the city and the McKinney Board of Adjust- ment, TXI states the city “illegally downzoned TXI’s property without providing the constitutionally and statutorily required notice.” The city then began the amortization process to force TXI to stop operating, which TXI states in its lawsuit violates its “constitutional and property rights.” While TXI was able to set up its plant about two decades ago on its property that was zoned as a Heavy Manufacturing District, the land was rezoned in 2019 to a Regional Oce District, documents provided in the lawsuit show. TXI alleges that to lawfully change the zoning of its property, the city had to provide TXI written notice of each hearing before the planning and zoning commission, but that the city “failed to provide TXI with that requisite notice.” In addition, when the city scheduled public hearings with the board of adjustment on whether or not to initiate the amor- tization process, it again “failed to notify TXI of the hearings,” TXI said in the lawsuit. For this reason, TXI is seeking that the court nd the city’s actions null and void, as well as any relief to which TXI might be entitled, the complaint states. In November, the city responded

The city of McKinney is facing challenges with its eorts to close two concrete batch plants as a lawsuit from one of the plant’s owners claims the city’s methods are illegal. In the summer of 2020, the McKinney Board of Adjustment agreed that one of the plants, Martin Marietta Materials Inc., had until April 29, 2021, either to close or to come into compliance with the zoning ordinance for that area. In September 2020, the board approved a compliance date of Aug. 26, 2027, for the CowTown Redi-Mix concrete plant. The two plants, CowTown Redi- Mix and Martin Marietta, produce ready-mix concrete and operate on about 10 acres along SH 5, also known as McDonald Street. The city has been trying to close the plants and said in court doc- uments that it is doing so legally. The process—known as amortiza- tion—began earlier in 2020 with the identication of land uses that are not allowed under the current zoning, after which landowners are given time to shut down. However, TXI Operations, the owner of the Martin Marietta plant, is challenging the rulings from the McKinney Board of Adjustment. “The city is actively litigating and negotiating to uphold the city’s desire of relocating these plants from [SH] 5,” a city web page said about the status of the concrete plant closures. While court proceedings progress,

Lawsuits from the operators of two concrete plants in McKinney are stalling eorts to close and relocate the plants. (Miranda Jaimes/Community Impact Newspaper)

CONCRETE PLANT CLOSURE PATH Two concrete plants in McKinney, CowTown Redi-Mix and Martin Marietta have been ordered to close. The operators are ghting the ruling. 2018: City issues citations to Martin Marietta for violating noise ordinance 2019: Martin Marietta’s equipment malfunctions, releasing cement dust onto nearby neighborhood 2020: McKinney Board of Adjustment rules to close the plants through amortization April 29, 2021: Date set by McKinney board for when Martin Marietta should have closed or come into compliance Nov. 5, 2021: Amended complaint submitted to court system against the city and McKinney Board of Adjustment Dec. 9, 2021: Court grants Martin Marietta’s amended complaint Aug. 26, 2027: Date set by McKinney board for when CowTown Redi-Mix should close or come into zoning compliance SOURCES: CITY OF MCKINNEY, U.S. DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXASCOMMUNITY IMPACT NEWSPAPER

to the lawsuit with partial oppo- sition to TXI’s amendment of its original complaint, since it con- tained additional information about a development agreement. The agreement discusses property TXI purchased in the city’s extraterrito- rial jurisdiction, which is land that the city has a right to annex, but has not yet done so. On the city’s web page about the concrete plants, it states that TXI pur- chased about 39 acres in early 2021 east of FM 536 and north of CR 317. City sta has notied TXI that before any development activity occurs on this property, it must be annexed into McKinney city limits, the site states. The city asked the court to deny TXI’s motion or to alternatively sever the claims pertaining to the development agreement. However, in December the court chose to grant TXI’s motion for an amended complaint, case documents show. CowTown Redi-Mix has also led a lawsuit against the city. It is pending in Collin County District Court. McKinney residents have led complaints over the years about noise, light and dust coming from the batch plants.

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