Planning and Zoning Meeting - Regular Meeting

have a comment on agenda non-aggenda items. We will now open the floor for the public comment of this position for this portion is for comments on items not scheduled for public hearing this evening. Speakers are asked to state their name and address on the record. Anybody wishing to speak? Okay, not seeing any no further um no public comment. We'll close that uh public hearing for reszoning. We will now open the public hearing for reszoning requests for RZ2206 at 601. Staff recommendation RZ 02 20226 reszoning 63.34 acres on the north road applicant and property owner is Al Creek RV LLC Adam Couch in jail. Um zoning request is a change from regional business which is currently in Lafayette County. So this is contingent upon the annexation. So they had the public hearing of the last board of alderman meeting. Um they will vote on that on Monday. So this is contingent upon that.

So we are going to correct.

They haven't voted on that yet. That will be voted on on Monday public hearing. Um attachments include the application location map and code of ordinance for R1. Um we've published that in the newspaper sent letters to the neighbors within 185 ft and come to our sign at city hall. Again, the meeting will be on Monday, February 23rd for annexation and for the res and staff recommends the approval of the reszoning request from regional business to R1. Any discussion? Not I'll take a motion. I just had a quick question on that right there. right there on the road. Was that zoned commercial or anything?

Yeah, go ahead. Oh, I was just wondering like what that was right there next to it. Um, it's technically still in the county, so I don't know. I know we had some Well, there wasn't there something that way. Yeah, it's on down to the city or zone. Yeah, it's on the map. Oh, pass whose road? Yeah, I guess

I'll look it up while we're continuing the public hearing and I'll let you know during the discussion period. Are the applicants present? Any public? Do you know what their proposed land usage is with the property? I mean, why they're resenting it to R1? The other reason I ask, I represent the clients that own property next door and they're looking to sell their property and one of the big draws for it is it can be possibly sell the commercial, right? So would there be any confliction with R1 zoning, residential zoning next to a light commercial or even a heavy commercial property

because that I mean that would severely decrease the value of my client's property if they wouldn't be able to upzone their property to positively commercial in the future. I mean, that's what I'm marketing the property as right now is it's it own rural estates. However, if there's an single family development backing up to it, would that affect our possibilities or what kind of stratifications would they face or any future developer face to be backed up to a zoned property like that? Does that make sense? In the city limits or outside city? Technically, it's outside the city limits, but we've been in talk with the city of Odessa possibility into the city limits for that. And yours is currently zoned rule estates.

Correct. It's just the the the draw to this property is it has so much frontage along I7 on out of the road. Absolutely. So you can kind of let me see if you can see on the map there. So the property that um this gentleman represents is the Ford's property that runs along the west side

west side of the property. So it would only be adjacent to the property on that north line. So the way that our comprehensive plan would uh work is that we we see that everything along that north outer road as commercial property in the future.

So the reason why staff supports this reszone would be because there's very minimal frontage along the north outer road. In reality, this is this the back back front or you know back area of back frontage. So we do see commercial frontage and we would see um that property also as commercial frontage in the in the along the north outer road but then we would see the ability for residential for the back. Well, you have to be a buffer between the commercial and the residential though. It's like now you have to you know you can't just put commercial up against residential. could have be broke, you know, duplexed something,

right? We would work through that on a, you know, scenario based, parcel by parcel situation to see what kind of barriers we could put into play if there were a commercial property that were to go in next to residential. coming later. This is just the the Ford's property would be a great candidate for a PU because you could do a mixuse development for commercial frontage with residential in the rear. So

yeah, the way the property fall, there's a run, right? So ideally, two M front resial in the back. The issue is that the residential in the back is it's completely surrounded by flood zone. So there would have be some sort of bridge put in on that. I can't remember the the gravel road that is right there, but it's across from the wastewater plant. that.

Yeah, keep it. I mean, it'd be ideal for a residential development out there, you know, because it's going to duct off the highway, be quiet, but it's just my fear is if, you know, I just don't want this to put my clients in predicament because if there becomes some sort of rule that, you know, we need to have some sort of buffering between an R1 zoning, a residential zoning, and commercial, that's what our suture is looking to do. It just it really bungles up the valley with their problem. Does that make sense? Well, if he stayed in the county and what we're annexing this state goes to the city, would that make any difference if he, you know, does they annex what he's talking about? You know, like that would buffer would make any difference if he stayed county and we this city. No, it wouldn't.

Okay. No. No. No. Because we if if their property stayed in the county, we couldn't then inflict barrier requirements on their county property. Well, that's going to hurt this property value here if you can go commercial right up next to it. I mean, I I ain't trying to be a devil's daddy, but that's true. And it's all very scenario based. We can't really predict what the the fees, but I personally think that along that entire area, residential in the the rear of these properties makes a lot of sense. So is that what they're discussing is no single family. Okay, perfect.

Any other comment for the public hearing either for or against?

Okay, we'll go ahead and close the public hearing at 69. Okay. Discussion for reasonzoning. Um we just

Okay. New business resoning should be on six. That's what I'm on. Okay.

Is there any discussion on resoning request for R7022026 talked about it? So, I was going to look up that uh zoning question for Um, so the for that to the the area to the west of Hughes Road is C3 Highway commercial district closest to the um outer road there and then the rear is actually I2 light industrial. Excellent.

Okay. I'll take a motion. Like to make a motion regarding resing of RC2. I'll make the motion to accept uh the RC2 2026 uh the zoning to R1 of the 63.34 plus or minus acres along the north power road. I'll say it.

Okay. All in favor, do we need to do a roll call vote on this? I think so. So, Steve, yes. You're set. Yep. Yes. Yes. Oh, no. It's fine. I'll say yes for me. [laughter] I used it. Bill, yes. And yes.

Okay. carries. Okay. Next, we are opening a public hearing for resoning request for RC code 32026 at 6:13. That presentation Okay, this is RZ03 20226 reszoning request for 1.45 plus or minus acres at 411 North First Street. Applicant and property owner is Nordic Properties LLC, Ken Nordsick, who is here tonight. zoning request. It is currently I1 light industrial and they're proposing a change to C3 highway commercials. I've included the application location map um photo ordinance for I1 and C3. This was also published in the paper on January 29th letter to property owners within 185 ft and sign was posted at city hall. Um, this will go before the board on Monday as well. And staff recommended approval of the resoning request from I1.

All right. Um, are the applicants present? Yay. Would you like to speak? I think it's pretty self-evident, but we wanted to be here to answer any questions. Okay. impressions. There was a one property prior to our purchase and so I'm assuming it was own, you know, one way then and when we bought it, it was broken half. We just want to cut back to the one propert. It's all with inside one fence. Be happy to answer any questions.

Okay. Anybody else would like to speak? You want me to lumber yard? Yes, sir. Good.

No other comments. Go ahead and close the public hearing at 6:15. Would anybody any further discussion on board here? If not, I'll take a motion. I'll make a motion to approve moving to from light industrial to C3. Have a second. I'll second.

All right. All in favor? Uh, let's see. Matt, no. Yes. Yes. Yes. Yes. Yes. One more.

Okay. So, at our last board of alderman meeting, we had a live discussion about storage units or storage containers. So, this was brought up by the police department and code enforcement. We get quite a few complaints. I don't know if any of you have experienced or have any storage containers or um know of any storage containers that are stored in your neighborhood or see them u from commercial properties. But our ordinance currently doesn't um cover uh doesn't cover how these should be managed on from a code enforcement standpoint. So, it just I probably should have put what our current ordinance says in the in the uh agenda packet, but what our current ordinance says is that they cannot be in residential. It's all that. So, um, we wanted to create a little bit more of an elaborate, um, ordinance and bring that to you all, allow you to filter that and, um, kind of decide what is best for Odessa when it comes to storage containers and how they should be um, regulated. So I have this is I put on here discussion only on the watermark because this is not anything official at all. This is just rule kind of putting some thoughts together on what an ordinance could look like. But we can kind of go through here and anything you see as alarming or things that you want to add to anything like that, we have the full ability to revise this. And then at our next um meeting I'll bring a draft of what we discussed tonight and then we can approve that for your recommendation for the board of all. So

you guys are the filter of all ordinances that um regard uh the zoning chapter. So this what we characterize what's it how big is it?

This would be like shipping containers. So a lot of people use shipping containers. commercial properties will use shipping containers to store or to temporarily move items. Um, residential, sometimes people will use shipping containers for if they've got, you know, they're moving or they have whatever it is that they have in their home that they don't have enough room for within their home, they'll put it in their driveway and they'll have like a pod or whatever, which is fine. A lot of people have pods or need pods. It's whenever those pods are there for, you know, beyond a, you know, reasonable amount of time. Then we we need a an ordinance that says you can have a pod, but you only need to have that pod there for a reasonable amount of time.

Have to permit them for those. Well, I guess that's kind of what we need within the ordinance. Do we need a permit? Keep track of time. Yeah. Do we need a permit or do we just need something that says you can have it there for x amount of time and then if it's there for beyond that amount of time then that allows us to have our code enforcement then go and say okay you've had this here for 60 days the code says 30 days you need to move the pot my point be as long as they enforce it we have all kinds of things they don't enforce I I understand that they need to get on if we can have an ordinance I'm for you that and give them a time frame in now But if we ain't going to enforce it. Yeah.

Too much a different enforce. Yes, I agree. Understanding that. But it it goes both ways though. It there's So the way our code enforcement works is that it's it's complaintbased or it's it's program based. So unless the city has created a program that says we're going to make sure we get all the storage containers that are out there, if we had ordinance, then then that's what we're going to do. Or tall wheats and grass. That's a program that we actually do have. We'll we'll do a code enforcement program for tall weeds and grass and then code enforcement can go, you know, enforce anyone who has grass taller than what our ordinance will allow. But if there's not a program for it, it has to come from a complaint. So if we didn't have a tall weeds and grass program, then we would not be able to ticket someone unless someone called and said my neighbor's grass is too tall. So that is how we do code enforcement. Now the reason why we do that is because we only have half of a code enforcement officer. Our current code enforcement officer spends half of their time doing code enforcement and half of their time doing animal control. If we had the ability to have more than a half of a code enforcement officer, we would be able to do more than complaint based on

mean as far as ability. Correct. 100%. But I'm just saying that's the reason why. But it's hard to when people call and do complain about something, it's hard whenever we have to say, "Well, we actually don't even have the ability to enforce it because we don't even have an ordinance on it at all." That's why we're here today because we're getting complaints on something that we don't have the ability to enforce because we don't even have an ordinance. So that's why we're here to try to clean up this storage container issue that Good idea. Good idea. Do we have a uh an ordinance on trash containers like dumpsters?

Uh we do have a dumpster we have a dumpster enclosure ordinance. Um we have the ability to what's well like a a rolloff dumpster in your driveway for an extended time which mean about the same thing or

be the same. Jenny, can you look and see if we have anything on dumpsters? I don't I'm not sure if we do. I know we have one on enclosures that says like if you have multif family or commercial, you're you're technically required to have your dumpster, your permanent dumpster in an enclosure space. So, it's not just out in the open. Obviously, there are some that are out in the open, but we technically do have an order. If you get a rollong dumpster delivered, let's just say AAA does it. There's like a [clears throat] time period, right? Right. That you are getting due to pass that you're paying more, right? Yeah. But I don't I'm not sure that there's an ordinance. There's not an ordinance. The city doesn't have anything.

I think it's like two weeks basically, [clears throat]

but these storage pods are kind of different. You can keep them for quite a bit longer. People do. Okay. while we're looking at that. So, this this starts off with just the general purpose. The purpose of this section is to regulate the placement and use of shipping containers and portable storage containers in a manner that one allows reasonable business operations in commercial and industrial districts. Protects adjacent residential neighborhoods from visual and operational impacts. Establishes clear objective standards for duration, placement, and screening. and provides administrative flexibility through temporary use permits. Then we have a definition section. So it defines what a portable storage container is. This is important for every ordinance that we write is that we have a very clear definition of what these what we're trying to do and what each item means where we get in trouble with ordinances. So portable storage container is a prefabricated container designed and used for the temporary storage of personal property or materials typically delivered and removed by truck and not permanently affixed to the ground. Shipping or storage containers a standardized metal freight container originally designed for transportation of goods and repurposed for accessory storage use on a property. So we get a lot of that where it is more of a permanent structure. It's not it's not for temporary storage. It's for like an excess like a shed or like a you know like a garden shed or something like that. Temporary container placement. Placement of a portable or shipping container for a period not exceeding the time limits established in this section. And then accessory storage container

use. the use of a shipping or storage container customarily incidental and sububordinate to a permanent permit permitted principle use on the same lot. So then we start out with any concerns with those definitions. I have a couple. Okay. Um one I don't think we're defining whether it's on wheels or not on wheels. Okay. And I definitely think that needs to be addressed because if someone has it on wheels and it's like, "Oh, I moved it 10." Okay. Yeah. Does it matter if it's on wheels?

I would think so because it'd still be sitting on the property because I mean I think the debate right now is if I laid a pad of concrete in my yard and then patched a storage shed and if by this wording it's permanently fixed, then it's permitted. But if it's not bolted to the ground, it's not permitted. Well, this isn't necessarily saying it's permitted or not. It's just defining what we're talking about.

I know, but it says like a storage if it's what is it says somewhere about like how it's a fix to the garage somewhere. Maybe I was further on that or somewhere not. Yeah, the first part of it permanually fixed to the ground. So, but if I did put a concrete pad and bolted it to the ground, then it's permanently fixed to the ground. So, are we trying to say that I can't put that on my property or someone can put that on my property? I just feel like we need to be careful because if we're going to write an ordinance says we don't want these on people properties, we need to be clear about what is allowed and what's not because

I'm not sure, but I think once you fix it to the ground, it becomes real property. It's an out building then. So we the question is permanent versus not permanent. Yeah. Because it's still a storage unit or storage shed and it's kind of like it falls with the wheels or not. Like is it just a shipping container that we're worried about or is it the shipping container on this? Because it's like um I know I've seen them in town. Well, I think they're like I I guess I don't I'm not an expert. I don't know how they actually operate and work, but I kind of picture it like a dumpster. Like a rolloff dumpster where the like the big rolloff dumpsters don't have wheels on them, but you can pick them up and roll them.

No, they're they can they can be put on wheels. That's what I'm saying. for transportation or they could be on top of a flatbed trailer for transportation. But normally actual shipping containers don't have wheels attached. So that I don't know if they firmly jack. I think of like our yard waste containers at first street like they're when they're sitting there just collecting yard waste. They're not on wheels, but when they pick them up to leave, they put them on wheels. Yes.

That's the same with the trailer. You can put a trailer on your property if you pour concrete and set on a concrete, but you can't back it in on grass. Yeah, that's we'll address that. Let's think through the next steps irregardless to because I'm just thinking what I'm seeing in town using [clears throat] storage fun that have been set up on property. I think you're probably talking more of like a semi-tra. Well, I mean, yeah, but I mean you could still like my uncle has called, you know, like they pull them off of like a cargo ship. They put them on wheels. You can leave them on hills and park it and

but it's still just temporary. But if they just set it there and leave it and walk away. That's what I'm kind of like saying like if we like just leave it somewhere. I'm just trying to be we'll we'll make sure that that's accounted for.

I think that's the problem. I think that's what we're trying to address. But we'll make sure that's accounted for that there's a a clause that says with or without portable wheels or something like that. Okay, general standards. So, the way this is broken out is that it's going to break down. It's going to have a general that is for all districts. Then it's going to break it out for a district, residential, commercial, industrial. And then it talks about the temporary use permit and the existing containers. So for the first one, containers shall not be used for dwellings or overnight accommodations unless approved as a lawful structure under the building code. shall not obstruct required fire lanes, drive aisles, parking spaces, access points, utilities, drainage patterns, or required setbacks. Shall not be placed within public right away. Any questions on those three before we get into the next one because it's gone. So, but the first one's basically saying you cannot live in there unless you go through the process and you say that you like you go through the proper building code process and make it an official home. And I don't believe that our code would allow you to do so anyway. So, Um so can't obstruct obstruct anything or obstruct by the public right of way. So then we go into they shall not be

used as a sign or sign structure. So in reality they make a pretty somewhat good billboard but we want to restrict that opportunity because we do have a pretty strict sign policy and sign ordinance. Um, so I've created a pretty detailed sign section here under number four. So don't let me know if I've gone overboard, but here's what I have. No banners, the drape sign, canvas sign, temporary sign, rigid sign, panel, wrap, vinyl graphic, painted message, or other advertising device shall be a fixed, mounted, home attached, applied, or otherwise displayed on a storage container. Um, storage container shall not be position oriented or maintained for the primary purpose of advertising or visibility from a public street or adjacent property. Storage containers shall not be used in a manner that would otherwise violate section 50-722, including but not limited to the placement or use of vehicles, trailers or similar the equipment positioned for the primary purpose of action acting as signs. If I remember right, set 50-722 is um um look it up. A storage container shall be considered a permitted wall, facade or building surface for purposes of calculating allowable sign area under this chapter.

So basically if you were you would have to go through the per permitting requirements which is the area requirements in our in our other sign sections. The only markings permitted on a storage container shall be original manufactured markings or identification of the business or container leasing company provided such identification is limited to existing factory applied logos or lettering and does not exceed the maximum wall sign area permitted in the applicable zoning district. 5072 of those prohibited signs.

Oh yes. So, prohibited signs says um that you can't have obscene signs, signs that emit sound or smoke, portable signs other than an A-frame sign in the downtown district, inflatable signs, roof signs, so on and so forth. I reference that because of the portable signs from there. So, the signage, we've already got laws that cover some of the signage. We have a a sign ordinance that says like you have it can only be so so many oh so many square feet.

So yeah so many square feet of your building and things like that and you have to get a permit. All signs have to be permitted and we have a permitting process for that. Question this is only residential period. No commercial property going to be affected by it. I don't mean to sign it building. No, no, no. This this section is only for signs on storage. I meant the whole thing. The story thing is only on commercial or on residential property. Now, like a lot of a lot of times when you do a big building, you'll have those for storage equipment on there. Like you're building a school or something like that, you'll have them sitting on that property. But this is only for residential.

No, this this applies to all district. This section I'm reading right now applies to all districts. There's a section for for each. Right now we're under general standards all district all zoning districts. Okay. So we there's a section for residential, a section for commercial and a section for industrial. But this signage portion is for all of them. Residential, commercial or very good. And then okay. So does anyone have any issues with the signage? I did look at the dumpsters and we don't have any codes. Okay. Nothing. Nothing in our code for dumpsters or roll off containers.

Okay. Okay. Containers must remain in good structural condition free of rust, peeling, paint, and visual damage. And then containers placed on vacant lots are prohibited unless associated with an active permitted construction project or removed upon completion of the project unless otherwise permitted by this chapter. So, I feel like that's what you're kind of talking about. like if there's a construction project going on, you're good to go until the project's done. Correct. Very that.

Then we have a section for agricultural districts. And I think that truthfully this is one of the areas that we we sometimes see um these shipping containers because we have obviously there's a dis a areas that would be outside of our city limits. But we have a lot of a that is in city limits that would fall under this code that people use as kind of like just storage because it's just a vacant lot in reality. They're not actively farming it. It's just kind of they own this lot of land kind of on the outskirts of town type of situation. So, um I think this one is relatively important on how we how we go about it. But my my thought process with this section was to tie the shipping containers to actual ad usage. So if you're use utilizing the parcel for a usage, then you can use you can have containers on on the lot.

How do we do that though? How can we Well, how do we like if it's being farmed or if there's animals or crop or something like that on the on the a lot, then there's a there's a reason. We say it's a agricultural Yeah. zone agricultural. Yes. Yes. This would be based on if they put a they put a uh storage container on that piece of property. Somebody asked to go out there and see if they're actually farming. Well, I think I mean it would be pretty obvious if you're farming it or not. You don't know. You know, that's Well, let's read it first and then we'll decide.

Okay.

I'm just read it and then maybe I don't know. in mind my mind. Okay. Shipping and storage containers shall be permitted as accessory uses on agriculturally zoned property only when incidental to an active agricultural operation conducted on the same parcel. Containers shall be limited to two parcels per two or I'm sorry limited to two per parcel unless additional containers are approved through administrative review. Not be located within required front yard setbacks. Maintained a minimum 50ft setback from any residential zoning district boundary. be used solely for agricultural storage purposes. Not be used as commercially commercial warehousing, contractor storage yards or non-aggricultural business operations. And then storage containers are prohibited on vacant agricultural parcels not actively used as agricultural production. But to your point, I don't I mean, I'm I'm a farm kid, so to me, if you got tractors out there and you're harvesting, that's agricultural production.

Point though, what if it's in the winter, like early spring, and they're putting seed storage? And that's what I'm saying. You could tell though that that parcels has agricultural production. It's not just a vacant grass lot. That's what I was cuz I mean that's we do have parcels that are zoned out that have no agricultural use. Like there's they're not it's just grass and they store things. Any is does is does is this need revised in any way?

I think so. Is the is the two I mean the two we can adjust the two. We the the setback I mean whatever you guys think. This is not mine. I wrote it. This is But you wrote it. I I drafted it. I'm not trying to be a pain in the ass. But um you know it's uh you know if you you have to have so much property in the county to have horses.

But you don't have to have horses, you know. Uh um seems like if I wanted if I bought some property and I wanted to put a storage unit on it, I should be able to put a storage unit on it. I shouldn't have to get permission from somebody to to find out what I could store it there. That would be the only thing is, you know, we we only have half a day, you know, for somebody to go look at this stuff and it just sounds to me like it just be more of a when somebody calls us, it's they've got a storage unit over there and I need somebody to go over there and look to see what they're storing in there. I

don't know. It'd just be hard. These meetings would get a lot longer. I think

well the first the first number or letter A is saying that you it's basically saying you can have containers if you're using your azoned parcel for a use but if you're if you have a vacant a parcel you can't have containers and I think that's what we're that's what I'm trying to get to is that if you just have a vacant lot that you're not actually using as ad. You just have this lot. We don't want that lot to end up just being a place that you store your junk that you don't want at your house anymore. So, that's that's the goal of what we're trying to achieve here. I I get what you're saying like especially with um B5 like we've got to do some investigation to figure out what the heck you're using this this storage unit for and people don't they're not going to be like here look inside what's in you know what's inside the storage unit. I get that and that number five that doesn't make any sense for us to be able makes a tough job for our code enforcement to be able to try to figure out what they're actually using the storage unit for and that part is probably irrelevant but the point is whether or not the storage units should or should not be there on the bars. So, I think A at minimum is what the gist of what we're just trying to get to. And then the second most important item on here is B3 to me is that if you do have ad, we don't want it right next to someone's backyard that could be abuing this vacant ad block.

I mean, I think the other thing though to think about too is how they're positioned on the property. So, if it is kind and like I brought up earlier, if it's on a concrete pad or something, is it a shed or is it what I feel like you're talking about just a we parked this here with grandma's furniture that we don't want to deal with and we're going to leave it sitting there for 20 years? I guess that you have your property is kind of a prime situation because your property really does Yeah. Add properties that I don't know if they're farmed or not now, but they hypothetically could be could be a zoned. Yeah.

That aren't necessarily farmed. That could end up being someone's like

Yeah. So like I kind of I think that's because I get what you're saying 100% like you know I think that goes back to mine like I have three acres you know and on one side of me they do hay you know and then the other two sides nothing's done it's very peaceful out there so to say but I think what you're saying is like you know you shouldn't stop someone from putting them there. I agree with you. I also see this point of I don't want grandma's furniture just sitting there in a shipping container for 20 years and then that shipping container rusting. So I think it's the debate is how it's maybe put there. Like if it's a you know like if it was someone's coming and going and farming then I think it would be okay. But if like it's just sitting there for months and becoming a shipping container graveyard I think is what we're trying to prevent. Right.

Right. So well I agree. I think that it I think it probably we should applied to all the 50 foot setback. I wouldn't look that some of that up on the hill, but it's you know it's it's not a anymore. But we have a lot of I'm sure we have shipping containers. I know for my So let's see. How do we use how do I address residential buffers? So in commercial we have a screening buffer section.

I mean would it fall into our own though that like you can't have something so close to other like the property like because I know whenever the chicken ornaments came about there was the big thing it couldn't be so close to someone else's property. So could we just add that kind of like you know wording either into this or you know please see this other code of how close your storage unit could be to the required setbacks. Yeah.

The required setbacks are going to be less than this. So like for a basic residential line like your rear setback's only going to be probably like 10 foot from the rear setback line where this is going to call out 50. So do we want more? Do we want the same is the question? I there are buffings buffer zones for the commercial section and and for the industrial section but they are treated differently for the a section or a zone.

I think this sounds good. I think it's covering it the best you can cover it. You can't control what people do all the time.

Do we do we are I agree that we could be less restrictive for a And we could I think we take out B5 for sure because we don't know what's in there. Um why would you take out five B5? The one that says um that they can't be used for commercial warehousing. contractor storage yards or non-aggricultural business operations

because to C's point is that we can't really enforce what they're doing inside of that because it's important to have it there. Yeah. Just so they know you're not supposed to do that. You can't control what they're going to do, but at least they're saying that's not what this is for. That's true.

Sure. Um, also four says that it's only used for agricultural storage purposes. So just keeping four instead of five, I think makes it a little bit easier for the city to enforce rather than saying you are using it for commercial warehousing or contractor storage yards. We only have to say you are using it for a non-aggricultural storage purpose. Makes it a little easier. Is the two are you guys comfortable with the number of bronnie quantity or is that too restrictive is I'm guessing that it says you can go and get approval for another storage. So I mean

I also just asked Chad GBT because that's my best friend [clears throat] about are we also going to limit the length because Chad GB just told me that there's you know 20 foot long and 40 foot. So like you know are we going to say you can have 240 ft or can you have 420 ft you know because then technically I mean they could put 220 but but to butt and then like they got four but then technically just

but each this talks about the containers so two containers and they get juice if they want 20 or 40. If they want 320s, then that's over the limit. They have to ask for special consideration. I know, but are we trying to limit? I mean, I guess the question is, do we want to like is that something we want to say, you know, like have the length, you know, is what I'm saying. I mean, because if you don't limit it, where do you start? Well, no. I'm talking about just like do we are we okay with 220 foot or are we okay with 240 foot

like this could read as del limited to two up to 40 foot storage containers per bigger than that no I just like but like yeah we want to put that somewhere or leave it open if you uh I know you're good at going to other communities ities and asking if there no I just I didn't do any other community research. Okay. I just I would either

I'm sure other communities are having the same issues because I don't want to see I don't want to see

I don't Well, let's Well, I don't know. We'll we'll think on that one and we can question it. Um, come back to it. Want to try to get through a few more before we go to our training. Okay. Section five, residential district. So, this one we really I know we have some residential speak. So um a there says shipping storage containers are prohibited as accessory accessory structures in residential zoning district. So this is like you're going to put it in your backyard like a shed accessory structure. Um portable storage containers may be permitted for temporary use subject to a maximum duration of 30 days within a six-month period. placement on a driveway or approved hard surface only, one container per lot, and then administrative approval by the zoning administrator. And then extensions may be granted once for an additional 30 days upon showing of a good cause.

Going to that driveway is concrete driveway, right? Yes. Which makes somebody concrete. Yeah. Now, I have questions about this. And so, portable storage. Now, this says containers. We're not talking about storage, portable storage units like you buy at a lumber yard that you can put your lawn mower in and your gardening tools and all that stuff because those I mean those are portable like a plastic shed.

Yeah. those little plastic sheds. No, this would be when it references portable storage container, it would be defined as prefabricated container designed and used for a temporary storage of personal property or material typically delivered and removed by truck and not permanently affixed to the ground. Okay. So, there's a lot of storage sheds that are not permanently fixed to the ground. That's what I'm saying is that Yeah. I mean, and that But one's a shed, one roof, and one is just flat usually. Can we put that in the

We could put it in the definition that it excludes like storage sheds. Storage sheds. Yeah. Yeah, we can say that in the definition. We could say I mean storage sheds. I guess I don't know what these look like because when I'm thinking a portable uh storage container, I'm I I've not seen a portable storage container. This is like um Have you ever seen the shipyards where they're lifting the big containers in the big shipard? Those are big storage containers. Those aren't the pods and like Yeah, that's shipping containers.

Yeah, that's what we're talking about. But that's not that's different than portable storage containers. But that's what we're talking about here. People are using since they're also 12t tall like the movie. Yeah. If it's a like a pod. I understand that. Yep. That's what they're essentially the same. Those are Yeah. Same. They're made the same the metal ones. What about a uh And normally those aren't like pod. I know they don't leave those there for very long. Kind of like the dumpster because they they want to charge the storage fee someplace else and they don't want their property their container just sitting there.

What about uh try not to name names or location? Yeah. Whatever those things are these devices imposed trailers. What's the difference? What's the same thing? Like a we're talking semi-truck trailer. Yeah. Some people pull behind a pickup truck. Yeah. Oh. On ways, but I think those would have like you you would probably have like a permitted light or license. Yeah. That'd be like a vehicle that would be licensed and registered which there's a whole section of that not included here.

I do have one suggestion the 30 days to 60 days. Um, and then I just realized that I know we're not trying to name names, but we may have actually just created an issue because if somebody is using that company that picks up your stuff and moves it, it has the company logo on it. So, which that's allowed that you can have the company logo. Okay. Because I was just worried that like that was going to conflict, but I would suggest just changing that to 60 days. The only reason I bring that up is my parents who live in Mixa are getting ready to move to Florida

and they're having one delivered, but they were waiting to have their house moved or their house to sell and if it takes 30 days to sell the house, you know, and they need to pack prior to moving like that could be 60 days before they could be shipped. So, I would just allow someone 60 days. Any thoughts on that? It says extensions can be granted. So it goes over 30 days. Yeah, I think that that would cover that. They just have to come and extend it.

But I feel like that's just unreasonable process for someone to have to go be like, "Oh, hey, I'm moving." 45 days. I could agree to 45. I'm just thinking a closing period is 30 days on a house. So that's on 45 days. When you say to build a house, is that what you say? No. To sell a house. Sell a house. So if you're selling a house, you have 30 days past the day that you sign to vacate. But you would need, you know, like if you started packing your stuff and selling it like or putting it into a storage container, but you know, they deliver for you to move, you could do that 30 days prior to the house.

Yeah. Yeah. Yeah.

And then we'll keep the extension at an additional 30. Okay. [clears throat] Moving on. I'm trying to get through so we can bring you a draft next. Commercial districts shipping storage containers are permitted as accessory use uses in commercial zoning districts subject to the following maximum of two containers per lot unless approved through an administrative site plan review. Placement must be located behind the principal structure when feasible. shall not be located within required front yard setbacks. Minimum setbacks of 10 ft from any residential zoning. So that's up for debate. And then screening where a container is visible from adjacent residential property of public street. Training shall be required which may include solid fencing a minimum of six feet in height, evergreen landscaping or combination of burm and landscaping. And the duration can containers used for seasonal or overflow storage exceeding 90 consecutive days shall be required shall require administrative approval. the the 10 feet to to our points earlier we for a we said 50 ft away from residential and now we're saying 10 ft the difference is a I picture more on the outskirts of town commercial was going to be there could be commercial middle of town that's the biggest difference I see here but you Yeah, but we're also saying that they

have a fence around it. That's true. That's true. With the fence. That's true.

Okay. Any objections, concerns? All right. Moving on. I still picture. Okay. industrial districts um should be containers are provided as accessory uses blah blah blah. No numeric limit provided. The containers comply with fire and building safety requirements and do not encroach into required setbacks where an industrial property abuts a residential district. Containers shall maintain a minimum 25 ft set back from the shared property line and screening consistent with section 5 C shall be required. Uh oh. What's 5C on the last?

No. No. You meant six. Six seat. Yeah. Yeah. I thought that's where we read it. Knew it was wrong. Okay. Um, stacking of containers shall not exceed two containers in height unless approved through recycling plan. I almost think commercial should say either that same thing or no stacking. Is there a reason to? Nope. I don't. That's what they're made for to be able to stack, right?

Districts you can kind of get into places where you don't necessarily want that gas station. It makes it possibly more unsightly. Yeah. So, should we say no stacking in commercial? Do we need to break it down from C1 to C3? Well, we don't really want them stacked anywhere, do we? Well, I'm just thinking like temporarily, like if it's a C3, like Yeah. I don't know. I'm just trying to think like I don't want to ever limit somebody to like not be able to for a short period, but I don't really want them period. But, you know what I mean? Like I I can see an industrial variance, but

I can see stacking in industrial, but not commercial. And then do we need to add a cultural too? No sacking in commercial. No agriculture or no sacking in agricultural or commercial. Yeah. Okay. That's I can't see that happening very often because if you want access to it specialized equipment the staff. Yeah. I just mean like that's what I mean. Do we tell them like you can't do it because like I feel like if we say we don't put it there someone be like it's not there. So like I'm going to do it. Well, if they only got two, they're probably going to stack them in the bank on agriculture.

Yeah, but anybody's going to have two of going to have the capacity to move and do what he wants to do. He's going to have a brand big pick that sucker up. We also have one more section, two more sections technically.

So we also have the transition overlay district. I I'll be honest. The transition overlay district, it's like often la land back here. It's like its own little world, but I keep telling myself like, okay, it exists. You have to use it. So, here's a section dedicated to it. Um, so the the the point of the transition overlay district, and I actually had a question for Lindsay. I'm not going to put her on the spot, but my question is that um, for the overlay district, if you were going to utilize the overlay district, would you reszone to it or does it naturally all apply to everywhere? Um, oh, so, so yes, for an overlay, you would technically reszone to the overlay, but because it's an overlay, you're keeping your underlying zoning. So, it's less of a reszone and more of a additional zone. So then your your underlying district regulations would still apply, but then you also now have these overlay requires

because the way our our transition overlay it's a it's um it it basically is saying you have to do this or that if you're so close to another Yeah. So we I've had I've I've struggled to understand when it's applicable when when we need to start when we when it's triggered, right? Either way, that's besides the point. Um I I created a section that would utilize this for storage containers. Anyway, storage containers shall not be placed between a principal building and a residential zone property. Um enhanced screening shall be required when visible from residential districts. The planning and zoning commission may oppose additional buffering requirements during site interview to mitigate visual impacts. So this is if the district overlay is applying to the parcel. Right Lindsay? Like these three things would only apply if that overlay is in effect. Correct. Thanks compliment. What what's an overlay? What what definition?

Sure.

So So it it commonly happens. Um I'm trying to think of a Well, okay. So we had the PUD ordinance, right? That required people to reszone to PUD. We could have had it been an overlay district. And I'm sorry, was it? It is. It's not over. Okay. I didn't think so. Um, so if you had a a PUD overlay, you have the options then to use all of those PUD availabilities, but you still can have your underlying zone applied to it. It also might happen um like for example, you might have a historic district overlay. So you have it on a particular area of properties. We still have our regular commercial regulations there, but because it's in the this historic district, it might be required to go through historic preservation committee review or something like that.

Like we could do one for down downtown. Yes. And then they would still have their downtown regular commercial zoning. Yes. They would all be C1, but they have another layer of special requirements that they have to do because they're in this historic downtown overlay district. It it's kind of a way of saying these special regulations apply to you guys, but all of these other ones do too. We're just giving you a little bit more regulations, but usually they're to to help and support the zoning.

Does that make sense? In our code of ordinance it says we have we have aggra where we have residential 1 2 3 C1 C2C3 I1 I2 and then we have this commercial transition district overlay district two that it's just it's just scary. Okay. Do we have any of those? Well, that's that's the that's the problem. Okay. I think you might have a little bit of insight into it. I think like Casey's Yeah. Second Street. Is it all of Second Street or Second? Is it

Orchard? Like [clears throat] it's just past the bank or something.

Like the Yes. the bank and Casey's because those are two commercial properties that are really in a residential area. So that that district was created to help them transition so they weren't so bluntly a gas station and a bank in a residential neighborhood. They stopped a bit more something we'll re we'll research. It's on our to-do list. So anyway, I didn't want to abandon it and not include it in this new ordinance. So it's there. Anyway, moving on. There's a little section for temporary use that just explains um if you were to get a temporary container permit, what you would have to abide by um and when you need to get that for. So for construction projects, seasonal inventory or emergency situations. Um um and then for existing containers. So, the the biggest question I needed to to figure out how to put into this ordinance is it's we're we're creating this ordinance because we have an issue where we're getting complaints. We're getting calls because there's people with storage containers and we don't have the ability to discuss it with the people who have storage containers. So, I needed to consider and think through how we wrote this um ordinance because a lot of times ordinances are written in a way that says anything before this ordinance doesn't matter. It's non-conforming. But we didn't want to do that because then that means anybody who has a storage container as of today can keep that storage container forever and ever and ever.

So, it's not grandfather.

Yeah. If the grandfathered nonform non-conforming basically means grandfathered in. We didn't want to write in a grandfathered in clause for storage containers. So I wrote it as existing containers. Any storage container lawfully in existence on the effective date of this container shall be brought into compliance with all applicable provisions of this chapter within 180 days. The zoning administrator may grant one administrative extension not exceeding 90 days upon written request demonstrating good cause and failure to comply within the prescribed time shall constitute a violation subject to enforcement under this code

say they can't afford to move but you'd have to make you have to make big roll back to get in there get it up and get it out of there. Well, so one thing with code enforcement and the way our code enforcement works is they they try to work with um whatever the case is, they try to work on a compliance basis. They try to um work they never try to like lay the hammer down. Even though this says 180 days, if that person has a reason and they say, you know, I contacted these people, I, you know, they told me they'd get back to me and they didn't get back to me or whatever, they as long as you're making a conscious effort or I've been saving money and I'm almost there, that kind of thing. They're not going to like ticket you because you don't have it that many. But, you know, it is a requirement. If it's a requirement, it's a requirement. There has to be a line line drawn somewhere.

Very good. Very good. Okay. Any questions, comments, concerns? We're 11 minutes behind schedule now. Okay. So, I will put together a draft ordinance that's like a real ordinance and then bring that to you guys at our next meeting. I also want to do this same thing. I know we still have zoning conversations to have, but I also would like to have a similar conversation about parking. So, we talked about that. I didn't forget this just kind of came up as the complaints were coming in. So, parking will be on our next conversation. Well, residential

uh all of it. We talk about We need to talk about all parking. Good. We need to talk about commercial parking. We keep seeing um stuff come up with the the way our commercial parking requirements are where um uh variances are needed almost every time a commercial building is built. So we need to have that discussion too. Okay. One other thing you put on your list for me. Sure. The uh I don't know what we're calling it the the plan the Odessa plan you know that's comprehensive plan. The comprehensive plan. Yes. Okay. So I don't have any clue

real at a really high level conversation. So we are trying to put a UDO um a unified development ordinance or UDO or UDC depends on what we want to call it. U unified development ordinance or unified development code. So right now we have chapter 10 that's our building code. Chapter 50 or yeah 50 is our zoning code. um they're clunky. That's why we have to have these conversations with you guys. That's why we have to go through and talk about parking specifically. And then we have to talk about driveways and we have to talk about each of these things and you know pass them ordinance by ordinance because we're it makes it very difficult for us to be able to just approve things because our ordinance is very dated. So we we are trying to put into the budget um a project that would help us improve our ordinance as one giant project. You guys would be involved in it, but we have we have funding in the budget for this upcoming year to use our reserves to pay to have that done by a company to come in and help us do that. We we feel that um the comprehensive plan is very important but we do have one though it be very outdated our codes are more detrimental to the way we operate than our comprehensive plan being outdated. So we want to in this upcoming year that starts April 1st. So we're only two months away from getting that project started. We want to get our codes fixed first and then 20 April 2027 we'd like to start our comprehensive plan project.

Need somebody to enforce I don't mean to be a butt but I mean some have anybody to enforce me just said works a half day one thing a half day and the other you're going to have to pull a sign because you write all these codes we're gonna have to make working on it all the time. Sure. Very good. We would love that. Okay. I will let you guys adjourn. Next meeting uh regular meeting time is March 19th 2026 and um can I get a motion to I make a motion to a second. There's no discussion. All in favor? Christmas.