Sep 02, 2025 Planning Commission

GET SWORN IN. ACTUALLY, THE CITY COUNCIL. SO NOTHING FORMAL FOR EITHER. OKAY, WELL, THEN

[Call to Order]

[00:00:09]

[Minutes: August 05, 2025 ]

COMMISSIONER. DO WE HAVE A SECOND? SECOND? THANK YOU, COMMISSIONER TYLER. ALL IN FAVOR, SAY AYE. AYE. ANY OPPOSED? THANK YOU. THE MOTION PASSES. ALL RIGHT. ITEM NUMBER ONE ON THE AGENDA TONIGHT. THE AMENDMENT TO THE COMPREHENSIVE PLAN TO REPLACE THE 2021 CAPITAL IMPROVEMENT PLAN AND DEVELOPMENT IMPACT FEE STUDY WITH THE 2025 UPDATED PLAN AND STUDY HAS BEEN POSTPONED TO THE OCTOBER MEETING. THAT WOULD BE RE NOTICED. OKAY. SO WE WILL NOT BE HEARING FROM ANYBODY ON THAT ITEM TONIGHT. NOBODY IN THE AUDIENCE IS HERE TO SPEAK ON THE MATTER. SO WE'LL LET THE NOTICING GO OUT AND LOOK FORWARD TO HEARING FROM YOU IN

[2. RZN25-012: Amendment to Sections 11-2-5 Allowed Uses in Industrial and Special Purpose Zones; 11-2-6 Standards for Allowed Uses; 11-7-1, Definitions of Title 11, Comprehensive Zoning Code. Zoning Ordinance Amendment Salvage Yards.¹ ]

IT'S GOOD TO BE GOOD TO BE BEFORE THE PLANNING COMMISSION ON THIS ITEM. SO WHAT WE'RE LOOKING AT RIGHT NOW IS A ZONING ORDINANCE AMENDMENT TO SECTION 11 TWO FIVE, ALLOWED USES IN THE INDUSTRIAL AND SPECIAL PURPOSE ZONE, AS WELL AS 11 TWO SIX STANDARDS FOR ALLOWED USES AND 1171 DEFINITIONS. AND AND THIS IS FOR SALVAGE YARDS. AND I'M GOING TO TRY AND KEEP THIS PRETTY SHORT AND SWEET. STAFF RECOMMENDS THAT YOU RECOMMEND APPROVAL TO THE MAYOR AND CITY COUNCIL OF THE AMENDMENT OF THE ZONING ORDINANCE. AS PRESENTED.

THE HISTORY. THE SALVAGE YARDS NORTHWEST OF THE CITY ARE ARE NOT PRESENT IN 1964. SO I DON'T HAVE IMAGES OF THAT. I DIDN'T PUT THEM IN, BUT I SO IN 1964 THEY AERIAL THESE DID THESE SALVAGE YARDS DID NOT EXIST IN THE NORTHWEST CORNER OF THE CITY OR IN OUR AREA OF IMPACT.

AND THEN THEY WERE BECAME PRESENT IN 1969 BY THE AERIAL IMAGES. WHEN I WAS DOING THE RESEARCH. SO STAFF COMMENTS, THE CURRENT ZONING CODE DOES NOT INCLUDE SALVAGE YARDS AS ALLOWED AS AN ALLOWED USE. AMENDING THE CODE WILL HELP WITH SEVERAL CHANGES BEING FACED IN THE NORTHEAST CORNER OF THE CITY'S AREA OF IMPACT, AS THE CITY HAS GROWN TO AVOID CREATING AN ANNEXED COUNTY, ISLANDS AND LAND. LAND, SOME USES WILL NEED TO BE ADDED.

THIS IS AN AMENDMENT TO THE CODE TO ALLOW FOR ORDERLY GROWTH. SO I DON'T KNOW THAT ANYBODY WAS HERE WHEN WE WENT THROUGH THE CITY INITIATED ANNEXATIONS. BUT IF WE DON'T IF WE DON'T ADDRESS THIS NOW, THEN WE END UP HAVING A MUCH HARDER CONVERSATION LATER. SO WE'RE WE'RE TRYING TO DO THIS IN AN ORDERLY FASHION AND GET IT INTO OUR CODE SO THAT WE CAN GROW IN THAT AREA. THE CODE CHANGE WILL DEFINE THE SALVAGE YARDS USE AND ALLOW SALVAGE YARDS IN THE IAM ZONE ONLY. THE IAM ZONE IS THE ZONE THAT TYPICALLY SEES THE MOST INTENSE AND HEAVY LAND USES. SEVERAL DEVELOPMENT STANDARDS WILL BE INCLUDED IN THE CODE REWRITE THAT WILL HELP SCREEN, BUFFER OR LIMIT THE HEIGHT OF STACKED INVENTORY. THE DEVELOPMENT STANDARDS ARE INTENDED TO ADDRESS COMMON CONCERNS OR POTENTIAL NUISANCES. THIS PARTICULAR USE MIGHT POTENTIALLY CREATE WITH ADJACENT PROPERTIES. ADDITIONAL REQUIREMENTS INCLUDE NOT STORING ANY MATERIAL WITHIN 30FT OF THE RIGHT OF WAY, AND A TEN FOOT TALL SCREENING FENCE OR WALL. SALVAGE YARDS WILL BE REQUIRED TO HAVE AN IMPERMEABLE SURFACE THAT HAS A MEANS TO COLLECT THE PROPERTY AND PROPERLY DISPOSE OF OILS AND OTHER FLUIDS AND THE VEHICLES

[00:05:05]

AND SO THIS HELPS WITH ROAD IMPROVEMENTS. NUMBER ONE CONCERN IN THE CITY'S TRAFFIC RIGHT. AND CONGESTION ON THESE ROADS. THAT'S A COUNTY ROAD SECTION. SO WHEN IT COMES INTO THE CITY A CITY ROAD SECTION GETS BUILT, WHICH IN TURN HELPS REDUCE TRAFFIC, RIGHT? OR NOT NECESSARILY REDUCE TRAFFIC, BUT IT OPENS UP. WE GO FROM TWO LANES TO FIVE LANES TYPICALLY, AND THEREFORE WE DON'T HAVE THE CONGESTION. WE HAVE SAFER CONTROL SIDEWALKS, PEDESTRIAN STREET TREES. I'M GUESSING THAT AS THEY SIT, THOSE PROPERTIES WOULD NOT FIT IN THIS ZONING CODE WITHOUT SOME CORRECT. WITHOUT WITHOUT THIS, THEY'RE NOT ALLOWED IN THE CITY. BUT EVEN WITH THIS, AS THEY SIT, WOULD THEY MEET THE REQUIREMENTS OF THIS CODE? NO, I DIDN'T THINK SO. SO HOW WOULD THAT WOULD? WOULD THEY BE REQUESTING A VARIANCE? WOULD HOW WOULD THEY BE ANNEXED. THEY WOULD HAVE TO. THEY'RE GOING TO BE GRANDFATHERED IN OR IT'S IT'S A NON-CONFORMING ALLOWED USE, WHICH IS COMMONLY CALLED GRANDFATHERING. BUT THAT'S THAT'S WHAT'S GOING TO HAPPEN THERE. RIGHT. AND THEN WE'VE ALREADY SEEN ONE START TO CLEAN UP. RIGHT. THE LAND VALUE THESE THESE THINGS TYPICALLY WANT TO BE OUTSIDE OF THE CITY. AND FOR ORDERLY GROWTH TO HAPPEN. THEY WANT THEIR LAND VALUES TO GO UP. RIGHT. IT'S A LOGICAL THING THAT THEY'RE PROBABLY GOING TO PICK UP THEIR BUSINESS AT SOME POINT IN TIME AND MOVE IT FURTHER OUT THAT WE DON'T KNOW THAT'S THEIR BUSINESS DECISION, BUT WE WANT TO SO THAT WE CAN ANNEX ADDITIONAL LANDS FURTHER NORTH IN THE AREA OF IMPACT, BRING THEM IN TO THE CITY.

RIGHT. AND THERE THERE'S PARTS OF THE LAND IN THAT AREA THAT ARE ASKING FOR THIS, RIGHT.

OKAY. BUT SO IF IF THE CITY WERE TO FORCE AN ANNEXATION, I MEAN THAT THE CITY CAN'T DO THAT, RIGHT OR NOT. YES. SO NO, NOT NOT IN THIS INSTANCE. WE CAN THERE THERE ARE RULES. AND WE LIKE TO USE THE TERM CITY INITIATED ANNEXATION VERSUS FORCING THEM. RIGHT. THEY'VE A LOT OF THE TIME THEY'VE COME UP AGAINST THE CITY BOUNDARY. AND FOR THE CITY TO LOGICALLY GROW, WE DON'T WANT TO BE LEAPFROGGING, RIGHT. WE WANT TO ORDERLY DEVELOP IN A IN A GOOD PATTERN. AND SO WE WILL DO CITY INITIATED ANNEXATIONS. BUT THE ANNEXATION LAW RECENTLY CHANGED.

AND WITH THAT, COMMERCIAL BUSINESSES CANNOT BE CITY INITIATED ANNEXED. RIGHT. THEY HAVE TO AND THEY HAVE TO BE AN ENCLAVE WITHIN THE CITY. AND WE'RE GOING BACK AND FORTH. SO SOME OF THESE THINGS MAY NEED TO GO TO COURT BEFORE THEY GET DECIDED. BUT WE'RE KIND OF OUTSIDE OF SOME OF THE SPECTRUM OF, OF, OF WHAT I REALLY WANT TO COVER. BUT CITY INITIATED ANNEXATIONS BECAUSE OF THE STATE LEGISLATURE AND THE CHANGE TO THE LAWS. WE DON'T HAVE ANY RULINGS YET ON WHAT SOME OF WHAT THEY'VE SAID MEANS IN LEGISLATURE. SO THIS FOLKS ARE WANTING TO BE ANNEXED AND THEY'RE AND SOME OF THESE SALVAGE YARDS ARE COMFORTABLE WITH BEING PART OF THIS CITY BECAUSE THEY WANT THE LAND THAT'S UNDEVELOPED TO BE PART

[00:10:08]

THEY'RE THEY'RE KIND OF THEY'RE THEY'RE LIMITED TO A DEGREE. LIKE BOTH OF THESE SALVAGE YARDS ARE FAIRLY. THEY'RE FULL. YEAH. RIGHT. AND SO THEY WOULD HAVE TO STACK MATERIAL. THERE'S CERTAIN AREAS THEY MIGHT BE ABLE TO STACK IT. WE'VE PUT REGULATIONS IN THERE THAT THEY WOULD ONLY BE ABLE TO STACK. I WANT TO SAY IT WAS 17FT. BY. 18 THE FIRST TEN FEET BACK. RIGHT.

AND SO IF YOU DO A TEN FOOT WALL, RIGHT, IF YOU HAVE A TEN FOOT WALL. SO, SO WE LIKE TO SAY WE VIEW THE CITY FROM THE STREET. RIGHT. SO IF YOU TAKE THE PERSPECTIVE OF YOU'RE IN YOUR CAR OR YOU'RE WALKING AT THE STREET AND YOU LOOK AT A TEN FOOT WALL, YOU KNOW, IT GETS PRETTY DIFFICULT TO SEE 18FT IN HEIGHT BEHIND THAT WALL, RIGHT, WITH THAT VEGETATION ALSO. SO WE'RE ALSO GOING 30FT FROM THAT, FROM THAT RIGHT OF WAY LINE FURTHER DEEPER IN. SO WE'RE TRYING TO TO DEAL BEST WITH THAT. BUT WE WOULDN'T BE WE WE WOULDN'T HAVE THE ABILITY TO MAKE THEM. IT'S WHEN THEY CHANGE USES THAT WE CAN THAT WE CAN REQUEST THAT THEY THEN COME INTO CONFORMANCE. RIGHT. WE CERTAINLY CAN LOOK AT THAT. AND THEY DON'T HAVE A LOT OF AREA TO EXPAND IN THIS. YOU KNOW, THAT VACANT PIECE OF GROUND, SOMEBODY ELSE IS WANTING IT FOR SOMETHING DIFFERENT. YEAH. SO ONE QUICK QUESTION I'VE GOT THEN IS A FOLLOW UP TO THAT OF COURSE IS. ARE THE CURRENT OCCUPANTS OF THESE ZONES THAT THIS WOULD IMPACT ALREADY MEETING THE DEFINITIONS OR THE REQUIREMENTS OF THAT, OR WOULD, ONCE THEY WERE ANNEXED, HAVE TO CONFORM TO THIS NOW OR, OR WOULD EVEN THEIR CURRENT USE NOT A TEN FOOT WALL, NOT SOME OF THESE THINGS. WOULD THAT BE ALLOWED? GRANDFATHER. SO IF IT EXISTS THERE. SO IF THEY HAVE A STACK OF CARS. I WAS OUT THERE, I LOOKED AT IT. I IF THEY HAVE A STACK OF CARS, THAT'S WHERE YOU CAN EVEN HIDE. THAT WOULD BE ALLOWED TO REMAIN OKAY. THEY DON'T. RIGHT, RIGHT. AND WE FEEL LIKE THEY'RE PRETTY CLOSE TO THE ONE. THE ONE FURTHER NORTH IS CLOSER TO WHAT WE'RE SEEKING THAN THE ONE TO THE SOUTH. BUT THEY WOULD BE GRANDFATHERED, RIGHT? SO THEY WOULD BE ALLOWED TO OPERATE AS THEY HAVE. THEY WOULDN'T BE ABLE TO EXPAND THEIR OPERATIONS.

AND IF IF THE ONE TO THE SOUTH HAS CARS STACKED 14FT HIGH, THAT WOULD LET THEM GO TO 18 AND WE WOULD HAVE AN ISSUE IF THEY WENT OVER 18 AND SOMEBODY COMPLAINED ABOUT IT. GOT IT.

OKAY. I JUST WANTED TO MAKE SURE THAT THIS WOULDN'T NEGATIVELY IMPACT THEIR ABILITY TO DO BUSINESS IF THEY AREN'T CONFORMING TO WHAT WE'VE DECIDED, RIGHT. THEY'RE GOING TO BE ALLOWED TO OPERATE AS AS A NONCONFORMING USE. RIGHT. AND GRANDFATHERED IN ESSENCE, UNLESS THEY WANT TO DEVIATE SUBSTANTIALLY IN MR. MAN, THANK YOU. WITH THE UNDERSTANDING THAT THE PROPERTY THAT WE'RE DISCUSSING IN QUESTION RIGHT NOW IS NOT CONFORMING TO. AND I YOU KNOW, I UNDERSTAND THE REGULATIONS THAT YOU PUT OUT HERE AND WHY WE NEED AN IMPERMEABLE SURFACE AND EVERYTHING. IS THERE ANY CHANCE THAT WE'RE OPENING OURSELVES UP BY FOCUSING ON THIS PARTICULAR PROPERTY, WHERE I DON'T THINK THEY HAVE THE IMPERMEABLE SURFACE DOWN WHERE WE ANNEX THEM AND THEN COME INTO A SITUATION WHERE NOW WE HAVE NOW WE HAVE UNDEVELOPED PROPERTY BECAUSE THERE'S CHEMICALS THERE, AND WE GET INTO A BROWNFIELD SITUATION. SO THEY'RE CURRENTLY BEING INSPECTED BY THE DEQ THROUGH THE COUNTY, AND THE DEQ WILL REMAIN AS THE PRIMARY INSPECTOR. WE'RE WE'RE ENHANCING THE REQUIREMENTS. SO IN MY EYES, I'M A LANDSCAPE ARCHITECT AND ENVIRONMENTAL PLANNER, NOT IN LOVE WITH THESE KIND OF USES, BUT WE NEED THEM. AND WITH THE CONCRETE PAD AND THE CRUSHING HAPPENING ON THE CONCRETE PAD AND THE DRAINAGE AND ALL OF THAT, THEN WE WE DO PROTECT THE ENVIRONMENT A LITTLE BIT MORE THAN WHAT'S CURRENTLY HAPPENING. RIGHT? SO THAT'S THAT'S OUR GOAL IS TO

[00:15:02]

AND NOT REALLY HAVE ENOUGH. REGULATIONS ON WHAT WE PERMIT AS FAR AS THOSE. CLAIMING THOSE TYPE OF CHEMICALS. YEAH. SO MAYBE. YOU KNOW, I'M COMFORTABLE WITH OUR DEFINITION.

I THINK I THINK THE DEQ IS LOOKING AT WHAT YOUR CONCERNED WITH. AND SO MAYBE I SHOULD HAVE INCLUDED THE DEQ, SOME OF THE DEQ'S RULES OR WHAT THEY'RE LOOKING AT. BUT THEY'RE, THEY'RE LOOKING AT A LOT OF THE CHEMICAL. SOME OF THESE PLACES ARE ACTUALLY MAKING A LOT OF MONEY ON. SO THEY USED TO JUST CRUSH YOUR CAR AND EVERYTHING LEAKED OUT AND WENT ALL OVER THE GROUND. RIGHT. THEY NOWADAYS DRAIN THEM, RIGHT. SOME OF THE MOST EXPENSIVE OIL COMES FROM RECYCLED OIL, RIGHT. SO SO THEY NOW THESE ARE TURNING INTO GOLD MINES, YOU KNOW, THEY RIGHT THERE. THEY RESELL THE ANTIFREEZE, THEY RESELL THE OIL THEY RESELL THE BELTS AND COMPONENTS, YOU KNOW, SO THEY'RE THEY'RE STRIPPING THESE CARS DOWN AND PULLING A LOT OF THAT HAZARDOUS MATERIAL OFF BECAUSE IT ACTUALLY HAS LIKE ZINC IN THEM UP LIKE THIS STUFF IN THE MUFFLERS. THEY CAN RECYCLE AND AND SELL BACK FOR A LOT PER POUND. YEAH. THAT'S

[00:20:05]

RIGHT. AND WE'RE ALL OF THOSE THINGS WERE ONCE CLEAR OUT ON THE OUTSKIRTS OF THE CITY.

THEY'RE NOW BECOMING PART OF THE CITY WE NEED TO HAVE SOME RULES. AND AND SO WE HAVEN'T HAD TO ADDRESS SOME OF THIS IN OUR CODE. BUT, YOU KNOW, THE HOPES WAS THIS WOULD BE A LITTLE BIT MORE ENCOMPASSING ON, ON SEVERAL OF THOSE KIND OF YARDS. RIGHT. COULD WE EXPAND THE TERM EVEN THEN FROM SALVAGE ALONE, WHICH I SEE AS USED VEHICLES THAT YOU'RE GOING TO GO PICK PARTS OFF OF OR CRUSH CARS TO SALVAGE, SLASH, RECYCLE? SURE. YEAH. RECLAMATION, SALVAGE, RECYCLE, RECLAMATION FACILITIES WITH THAT. YEAH, I THINK THAT'S I THINK THAT'S AN EASY BECAUSE I WOULD LIKE THE DEFINITION THAT IS USABLE FOR EVERYTHING AND NOT JUST CREATE ONE BECAUSE SOMEBODY'S COMING. BUT WE ARE GOING TO SEE MORE RECYCLING. MORE THAN LIKELY, I THINK I THINK YOU'RE RIGHT. I AGREE WITH THAT. I WOULD BE COMFORTABLE WITH THAT TOO. OKAY.

YEAH. PLEASE, COMMISSIONER, IF WE DO, THEN DOES THAT WOULD THAT THEN REQUIRE CHANGES TO THE PROPOSED TEXT HERE? BECAUSE THERE'S SECTIONS ABOUT I'M LOOKING AT LINES E AND F THAT SPECIFICALLY DEAL WITH THE PROCESSING OF VEHICLES. IF WE'RE LOOKING AT OTHER TYPES OF

[00:25:03]

THIS IS WHAT'S REASONABLE IN OTHER THINGS, AND THIS IS HOW WE'RE GOING TO TREAT YOUR OPERATION. AND WE'RE REALLY TRYING TO HELP SOME OF THESE THINGS, LIKE I SAID, THAT ARE ON THE OUTSKIRTS THAT ARE COMING INTO THE CITY, I DON'T CARE. DO YOU HAVE ANYTHING TO ADD? I, I'M ACTUALLY GOING TO BACKTRACK A BIT BECAUSE I REREAD THE DEFINITION. I KNEW I WAS LIKE, OH, SOME OF THIS MIGHT BE THERE, BUT YOU KNOW, WHERE YOU HAVE THE USE OF A SITE WHERE SCRAP WASTE, DISCARDED OR SALVAGED MATERIALS, MATERIALS ARE BOUGHT, SOLD, EXCHANGED, BALED, PACKED, WRECKED, DISASSEMBLED, CRUSHED, RECYCLED, HANDLED OR STORED, INCLUDING BUT NOT LIMITED TO SCRAP IRON. OTHER MATERIAL. OTHER METALS. PAPER, RAGS, RUBBER. TIRES. BOTTLES. SO YEAH, THEY USED TO CALL THEM JUNKYARD. HAVE WE DO HAVE THE RECLAMATION RECYCLE. SO I THINK CHEMICALS ARE THE ONE THING I THINK THAT IN THAT INSTANCE I'M ALSO COMFORTABLE. I MEAN, THEY'RE BEING HANDLED AND OVERSEEN RIGHT NOW BY DEPARTMENT OF ENVIRONMENTAL QUALITY. THANK YOU. AND THAT WOULDN'T CHANGE EVEN WITH THE CITY DEFINITION.

NO, I DON'T THINK THAT WAS THE INTENT TO USURP THE AUTHORITY OF THE DEQ. I'M JUST NOT SURE THAT DEQ IS. THEIR DEFINITIONS ARE BROAD ENOUGH TO TO PICK UP SOME OF THESE THESE ISSUES.

REALLY I THINK THAT I WOULD THINK THEY'RE MORE RESTRICTIVE THAN WE COULD BE IN A GENERAL WITH RESPECT TO THAT WHICH THEY DO COVER. BUT I'M JUST CONCERNED ABOUT, AS I SAY, CHEMICALS THAT, THAT THEY DON'T PARTICULARLY REGULATE. JUST I'D LIKE TO SEE MORE MORE DEFINITION AS FAR AS SO IN ORDER FOR US CHEMICALS, HAZARDOUS WASTE, HOW WOULD YOU PHRASE THAT IN THIS THEN. SO THAT WE CAN ADD SOMETHING TO IT. WELL, I DON'T WANT TO TRY TO PLAY DRAFTSMANSHIP HERE ON THE ON THE FLOOR. BUT I DO THINK THAT I LOOK AT IT FOCUSES UPON PHYSICAL THINGS METALS, PAPER, RAGS, TIRES, BOTTLES AND DOESN'T SEEM TO ADDRESS ANYTHING THAT IS CHEMICALLY RELATED THAT COULD WE PUT THAT IN THE DEFINITION RATHER THAN IN ONE OF THE SUB? YES, THAT'S WHAT I WAS SUGGESTING. THE DEFINITION TO ADD CHEMICAL HAZARDOUS CHEMICALS IN THE DEFINITION CHEMICALS. EVEN MY RECLAMATION RECLAMATION OF CHEMICALS, OILS, CHEMICALS. MR. CHAIR, YOU COULD EVEN IF YOU WANTED TO IN A MOTION JUST RECOMMEND THAT STAFF LOOK INTO CHEMICALS AND WHAT THE INDUSTRY STANDARD WOULD BE AND JUST INCLUDE THAT INFORMATION PRIOR TO IT GOING TO CITY COUNCIL. THAT WOULD BE AN APPROPRIATE WAY TO INCLUDE THAT IN YOUR MOTION. AND THEN WE COULD DO THE WORK AND FIGURE OUT WHAT THAT WOULD BE. I WAS GOING TO SAY, THOUGH, I DO LIKE YOUR I KNOW YOU BACKTRACKED IT, BUT YOUR RECOMMENDATION PUTTING LIKE THE ORIGINAL HEADING OR AT THE TOP, NOT JUST VERSUS, YOU KNOW, SALVAGE BUT ADDING RECYCLE BECAUSE AS A DEVELOPER OR AS SOMEONE WHO'S GOING THROUGH THE LAND USE TABLE, IT'S A BIG DOCUMENT. AND YOU THE PERSON WHO WHERE THAT WOULD APPLY TO THEM MIGHT SKIP IT BECAUSE THEY MIGHT THINK, WELL, THAT'S NOT ME, YOU KNOW? AND THEY'RE LIKE, OH, WELL, IT DOESN'T SAY ANYTHING ABOUT THAT. SO IT'S JUST FROM THOSE EYES, IT JUST MIGHT BE HELPFUL IN THAT SENSE BECAUSE SAME ISSUE, SAME ISSUE. IT JUST DOESN'T CATCH YOUR EYE THAT THAT WE'RE LOOKING AT THOSE TYPE OF CHEMICALS. WE COULD DO RECYCLING RECLAMATION RECYCLING, SALVAGE. ALL RIGHT. SO THEN THEY AT LEAST KNOW OKAY THIS DOES APPLY TO ME OKAY. LARGE SCALE RECYCLER SLASH SALVAGE YARD. AND I KNOW THE DEFINITION.

THERE'S THE DEFINITION DOWN NOW THAT WE'RE TALKING ABOUT WHICH WILL SPELL IT ALL OUT. BUT I DO LIKE YOUR ORIGINAL PROBABLY SAYING RECYCLE UP TOP OKAY. SO I'M HAPPY TO. WE CAN IF YOU

[00:30:05]

YES. OPENED OR CLOSED? OH, WE DID NOT. SO WE CAN'T MAKE A MOTION YET. COMMISSIONER. SORRY, JUST JUMPING AHEAD. I WAS JUST ABOUT SAID YES. THANK YOU VERY MUCH. THANK YOU. ANY OTHER QUESTIONS FOR STAFF. SO MAKE A MOTION. WE JUST GOT SO EXCITED THAT WE CAME TO SOME ANSWERS HERE. OH, MY HEART WAS PALPITATING. THANK YOU. WE DO HAVE TO OPEN THE PUBLIC MEETING FOR ANY PUBLIC COMMENT BEFORE WE MOVE ON TO A MOTION. SEEING NO ANYBODY FROM THE PUBLIC HERE, I'M GOING TO GO AHEAD AND CLOSE THE PUBLIC MEETING AND OPEN TO ANY OTHER DISCUSSION AMONG THE COMMISSION BEFORE WE BEFORE. I'LL MAKE THE MOTION. SURE. NO OTHER DISCUSSION. OKAY. THEN I WILL MOVE THAT WE APPROVE THE ZONING ORDINANCE AMENDMENT SECTIONS 11 DASH 2-5, AS INDICATED THAT WE CHANGED Z FROM JUST SALVAGE YARD TO RECYCLING CENTER SALVAGE YARD AND ASK STAFF TO RESEARCH AND ADD LANGUAGE TO THE DEFINITION THAT INCLUDES INFORMATION ABOUT CHEMICAL RECLAMATION AND AND SEE. DO WE HAVE A SECOND ON THAT MOTION? I'LL SECOND THAT MOTION. WELL STATED. THANK YOU. ALL IN FAVOR SAY AYE. AYE. OPPOSED? IF ANY. THANK YOU.

[3. RZN25-014: Amendment of Section 11-2-6, Standards for Allowed Land Uses; and 11 7-1 Definitions related to pet grooming; and 11-4-4, Landscaping, Buffers, and Screening related to the placement and screening of refuse and recycling containers. Zoning Ordinance Amendment Professional Service Definition, Trash Enclosures.¹ ]

JUST OUR PERSONAL SERVICE DEFINITIONS AND MAINLY WITH THE GROOMING OF ANIMALS WITHIN THE ZONING CODE. JUST SOME CLEANUP ITEMS REALLY. SO DEALING WITH PET GROOMING, PET GROOMING AND BOARDING IN THE CODE HAVE REALLY KIND OF BEEN COUPLED TOGETHER, WITH THE ASSUMPTION BEING THAT IF YOU'RE GOING TO HAVE A GROOMER, YOU ALSO HAVE A BOARDER, A BOARDER USED. WHAT WE'VE LEARNED, THOUGH, IS THERE ARE SEVERAL GROOMING SERVICES THAT OFFER PET GROOMING, BUT THEY DON'T OFFER ANY TYPE OF BOARDING FACILITIES. AND SO THAT'S BEEN PROBLEMATIC AS WE'VE TAKEN PHONE CALLS IN OUR OFFICE AND, YOU KNOW, WHERE CAN WE LOCATE, WHERE CAN I OPEN MY BUSINESS? WHAT ZONE AM I ALLOWED IN THOSE TYPES OF QUESTIONS. AND REALLY, THERE ARE SOME RESTRICTIONS ON BOARDING BECAUSE BOARDING, THERE ARE SOME NUISANCE ISSUES THAT WE DEAL WITH REGULARLY, WHETHER IT'S NOISE JUST FROM BARKING, DOGS SOMETIMES SMELL AND ODOR AS WELL ARE COMMON BOARDING CONCERNS. BUT WE DON'T HAVE THOSE SAME NUISANCE CONCERNS WHEN IT COMES TO PET GROOMING. AND SO REALLY AS WE LOOKED AT THIS, WE TRY IT.

WE'RE TRYING TO ADD A COUPLE, THE TWO AND LOOK AT GROOMING, GROOMING AS ITS OWN SEPARATE BUSINESS SEPARATE FROM BOARDING. SO WHAT WE WOULD LIKE TO DO THEN IS REMOVE THE GROOMING FROM OUR ANIMAL CARE CLINIC, WHICH OUR ANIMAL CARE CLINIC IS A SMALLER ANIMAL CARE FACILITY.

SO IT'S THERE. IT'S A IT'S STILL A VETERINARY TYPE SERVICE, BUT IT'S DEALING WITH SMALL ANIMALS, PETS TYPICALLY. WHEREAS YOUR FULL SCALE ANIMAL CARE FACILITY IN THE CODE IS DEALING WITH LARGE, LARGER ANIMALS THAT MIGHT NEED CORRALS OR PENS OR SOMETHING LIKE THAT THAT YOU WOULDN'T HAVE. SO THE INTENT HERE IS TO REMOVE THE GROOMING FROM THE ANIMAL CARE CLINIC, BECAUSE THAT HAS BEEN A PROBLEM WHERE UNDER NUMBER FIVE, I'M GOING TO TRY TO ZOOM IN A LITTLE BIT, BUT IT SAYS THERE SHALL BE NO BOARDING GROOMING WITHIN AN ANIMAL CARE CLINIC.

AND REALLY, IF WE'RE DEALING WITH PETS AND SMALL ANIMALS, GROOMING IS PROBABLY APPROPRIATE THERE. SO THE INTENT THERE IS TO REMOVE THAT SO THAT SMALL VETS COULD PROVIDE GROOMING SERVICES. AND THEN ALSO WITHIN OUR DEFINITIONS OF PERSONAL SERVICE, WHEN WE'RE GETTING THAT QUESTION OF WHERE SHOULD THIS BE ALLOWED IN THE, IN THE AND WHAT ZONE AND WHAT AREAS OF TOWN? WE REALLY LOOKED AT PERSONAL SERVICE. THAT'S WHERE

[00:35:05]

WE DO HAVE SEVERAL OF THEM THROUGHOUT TOWN. I THINK IT'S PROBABLY JUST BEEN AN INTERPRETATION THING OVER THE YEARS WHERE THEY'VE ALLOWED THEM IN THOSE AREAS. WE WOULD JUST LIKE TO GO AHEAD AND AND MAKE IT OFFICIAL, IF YOU WILL, AND CALL IT OUT AS, AS A SPECIFIC USE, BECAUSE WE DO GET THOSE QUESTIONS FREQUENTLY. SO THAT'S THE TWO CHANGES REGARDING SORT OF PERSONAL SERVICE AND GROOMING. AND THEN WE HAVE AN UNRELATED CHANGE REGARDING TRASH ENCLOSURES. SOMETHING WE DEAL WITH ON EVERY SINGLE COMMERCIAL SITE PLAN.

BUT THE LANGUAGE IN THE CODE HAS BEEN A LITTLE PROBLEMATIC AND UP FOR INTERPRETATION. AND WE WOULD JUST LIKE TO SORT OF ANSWER THE QUESTION AND HAVE IT BE STRAIGHTFORWARD. SO THE INTENT WOULD BE ANY SORT OF TRASH CONTAINER RECYCLING AREA WOULD BE SCREENED BY A SOLID FENCE OR WALLS ON THE MINIMUM OF THREE SIDES. THERE'S BEEN A LITTLE BIT OF DEBATE, BOTH IN OUR OFFICE AND WITH DIFFERENT DEVELOPMENTS WITHOUT THIS LANGUAGE OF WHETHER THAT INCLUDED FORESIGHTS. DO WE NEED TO HAVE GATES ACTUALLY ON TRASH ENCLOSURES TO FURTHER SCREEN THOSE? IN TALKING WITH SANITATION, THOUGH, GATES ON TRASH ENCLOSURES ARE ACTUALLY PROBLEMATIC IF THEY DON'T SWING COMPLETELY OPEN BECAUSE OF OUR SIDE LOAD SYSTEM WITH OUR TRASH TRUCKS. AND SO THAT'S CREATED SOME CHALLENGES. SO WORKING WITH THEM, WE REALLY WOULD JUST WANT TO MAKE SURE WE'RE SCREENING ON THREE SIDES. SO THE FRONT SIDE WOULD BE OPEN AND EASILY ACCESSIBLE FOR THE TRASH TRUCK TO GET TO. AND THEN THE TRASH ENCLOSURES, WHAT THEY WOULD BE SCREENED WITH. AND THIS IS JUST SORT OF STANDARD LANGUAGE THROUGHOUT THE CODE.

SO WE'RE TRYING TO BE CONSISTENT THERE. IT WOULD BE WITH OPAQUE MATERIALS. WHAT I'M SHOWING I APOLOGIZE TO ZOOM IN A LITTLE BIT. I AM ASKING FOR YOU GUYS TO AMEND WHAT WAS SENT TO YOU. AS WE'VE BEEN TALKING ABOUT IT IN PREPARATION FOR TONIGHT, WE WANTED TO INCLUDE WHAT IS IN PURPLE. SO PURPLE IS NEW TEXT. IT'S NOT WITHIN YOUR PACKET, BUT THIS EXISTS ELSEWHERE WITHIN THE WITHIN THE CODE. JUST SPECIFICALLY IDENTIFYING THAT OPAQUE FENCES SHALL NOT INCLUDE CHAIN LINK FENCING WITH OR WITHOUT SLATS. SO WE ALWAYS INDICATE THAT ANY TYPE OF SCREEN OR BUFFER REQUIRES AN OPAQUE FENCE. AND BUT WE'VE HAD QUESTIONS OVER THE YEARS OF WELL, DOES A CHAIN LINK FENCE WITH PLASTIC SLATS INSERTED IN IT, DOES THAT CONSTITUTE OPAQUE PER THE CODE? IT DOES NOT, BECAUSE IT'S STILL VISIBLE THROUGH THOSE. WE'VE HAD CHALLENGES OVER THE YEARS WHERE THE SLATS GET BROKEN AND NEVER GET REPLACED, AND THEN IT'S REALLY NOT DOING THE JOB IT WAS INTENDED TO DO. AND SO SEVERAL YEARS AGO WE TOOK OUT THEY USED CHAIN LINK WITH THE SLATS. SO THE IDEA HERE WOULD THEY, WHETHER A VINYL FENCE OR A WOOD FENCE OR EVEN A CINDER BLOCK WALL, SOMETHING THAT WAS SOLID MATERIAL WOULD BE USED.

AND THEN JUST HERE AT THE END, THE INTENT WOULD BE THE TRASH ENCLOSURES AND DUMPSTERS WOULD NOT BE LOCATED IN THE FRONT SETBACK. SO THAT SETBACK CLOSEST TO THE STREET, AGAIN, WE'RE TRYING TO SITE THEM TO THE REAR OF THE PROPERTY, JUST ONE FOR VISIBILITY, BUT ALSO FOR THEY DO CREATE SIGHT CHALLENGES AS YOU'RE ENTERING AND EXITING PARKING LOTS.

SOMETIMES THAT TRASH ENCLOSURE CAN CREATE AN OBSTRUCTION WHERE YOU CAN'T SEE ONCOMING TRAFFIC.

SO THE INTENT WOULD BE TO LOCATE THEM OUTSIDE OF THE FRONT SETBACK OR REQUIRED BUFFER. AND THAT IS ADDITIONAL NEW LANGUAGE THAT WE'D ASK THAT YOU INCLUDE. I THINK THAT THAT IS IMPLIED IN THE CURRENT CODE. REQUIRED BUFFER WOULD BE A LANDSCAPE BUFFER BETWEEN A BUSINESS AND A RESIDENCE. THE CODE REQUIRES THAT MINIMUM BUFFER, AND YOU HAVE TO PROVIDE THAT LANDSCAPE BUFFER. WE DON'T ALLOW PARKING LOTS TO EXTEND INTO IT. WE DON'T ALLOW SERVICE

[00:40:03]

IT WOULD INCLUDE MULTIFAMILY. MULTIFAMILY IS CONSIDERED COMMERCIAL DEVELOPMENT AND THEY HAVE TO MEET THE COMMERCIAL DEVELOPMENT STANDARDS OKAY. YEAH. AM I CORRECT THAT THIS IS SOMETHING THAT MAKES IT A LITTLE EASIER FOR DEVELOPERS TO CREATE THEIR PROPERTIES? I SEE US MOVING FROM LANGUAGE THAT SAYS, YOU HAVE TO BUILD THE TRASH ENCLOSURE TO THE SAME STANDARD AS THE BUILDING AS IT IS NOW. RIGHT NOW WE'RE SAYING LIKE A VINYL FENCE DOES THE SAME JOB JUST FINE. AND WE'VE ALWAYS INTERPRETED THAT IN THE PAST THAT WAY. WE WANT IT TO MATCH. LOTS OF BUILDINGS WILL HAVE VINYL FENCE AROUND THE PROPERTY AS WELL. AND SO WE'VE ALWAYS INTERPRETED THAT TO TO MATCH. WE DO THINK BEING MORE DIRECT IN THE LANGUAGE WILL MAKE IT SIMPLER FOR THE DEVELOPMENT COMMUNITY AND STAFF. YEAH. AND IF YOU ARE OKAY WITH THE PURPLE LANGUAGE, THE AMENDED LANGUAGE, I JUST ASKING YOUR MOTION THAT YOU WOULD RECOMMEND APPROVAL AS AMENDED, WOULD MAYBE BE THE LANGUAGE YOU MIGHT WANT TO USE. AND STAFF RECOMMEND APPROVAL. THANK YOU. WE'LL OPEN THE PUBLIC HEARING. AS THIS IS A PUBLIC ITEM.

HAVING NO ONE IN ATTENDANCE TO SPEAK ON THE ITEM, WE'LL CLOSE THE PUBLIC HEARING AND OPEN IT UP TO ANY OTHER STAFF DISCUSSION. GREAT. THEN I'LL ENTERTAIN A MOTION AS AMENDED.

DO IT. THANK YOU. COMMISSIONER, I MOVE THAT WE RECOMMEND APPROVAL TO THE MAYOR AND CITY COUNCIL. AMENDMENTS TO ZONING ORDINANCE. AMENDMENT OF SECTION 11 TWO SIX STANDARDS FOR ALLOWED LAND USE AND 11 7-1 DEFINITIONS RELATED TO PET GROOMING AND 11 FOUR FOR LANDSCAPING BUFFERS AND SCREENING, AS AMENDED. THANK YOU. DO WE HAVE A SECOND? I'LL SECOND. THANK YOU COMMISSIONER. EITHER. ALL IN FAVOR SAY AYE. AYE AYE. ANY OPPOSED? THANK YOU.

THE COMMISSION. THE MOTION PASSES UNANIMOUSLY. TWO ITEMS I HAVE. THEN I WOULD LIKE TO REQUEST THE STAFF INVITE OUR PUBLIC WORK DEPARTMENT TO GIVE US A PRESENTATION AT SOME POINT, PROBABLY AT DECEMBER OR JANUARY MEETING. I'M SPECIFICALLY INTERESTED IN KNOWING CURRENT PROJECTS THAT ARE IN THE WORKS, WHAT'S COMING IN THE NEXT 12 MONTHS, 2460 WHAT'S WHAT'S ON THE FOCUS? BECAUSE I THINK AS WE LOOK AT DEVELOPMENTS, AS WAS INDICATED, TRAFFIC IS A CONSISTENT CONCERN. AND AND IT'S VERY HELPFUL, I THINK, TO HAVE SOME DISCUSSION ABOUT WHAT IS COMING. ANOTHER THING I WOULD LIKE TO CONSIDER, ALONG WITH THAT, MAYBE IN THE SAME DISCUSSION, WOULD IT BE SOMETHING THAT THE PLANNING AND ZONING COMMISSION CAN TAKE UP IN EITHER THE IMPACT FEE DISCUSSION THAT WE HAVE NEXT MONTH, OR AS JUST A SEPARATE ITEM? I WOULD REALLY LIKE US TO TALK ABOUT FINDING A WAY TO TO WIDEN SOME OF THESE MAJOR ARTERIAL CORRIDORS, USING EITHER A BONDING MECHANISM AND BEING PAID FOR THEM BY IMPACT FEES AS IT DEVELOPS, OR TAKING SOME OF THE IMPACT FEES THAT ARE ALREADY THERE. WHAT I STRUGGLE WITH IS, IS SOMETHING THAT WE TALK ABOUT OFTEN. IT'S THAT DEVELOPMENT BEFORE THE TWO LANE ROAD IS WHITE. WELL, WE SAY, OKAY, WE'RE GOING TO HAVE IMPACT FEES, WE'RE GOING TO ALLOW THIS DEVELOPMENT TO GO IN, BUT WE'RE STILL A TWO LANE, TWO LANE ROAD ON A MAJOR ARTERIAL

[00:45:05]

AND BECAUSE THE CITY DOES NOT HAVE JURISDICTION WITHIN THAT COUNTY ISLAND, WE CANNOT USE EMINENT DOMAIN OR ANY OTHER THING TO TRY TO ACQUIRE A RIGHT OF WAY TO MAKE THE WIDENING AND AND SO WE COULD HAVE A MORE DETAILED CONVERSATION ABOUT WHERE THOSE ISLANDS EXIST AND, AND HOW WE WORK THROUGH THAT WITH PUBLIC WORKS. AND MAYBE THEN, AS IT MIGHT BE MORE FEASIBLE TO HAVE SOME KIND OF A PLANNING DISCUSSION WITH COUNCIL THAT OTHER PLANNING AND ZONING COMMISSION COUNCIL AND EVEN INVITE REPRESENTATIVE CASPER OR CARL CASPERSEN OR SOMEBODY FROM THE COUNTY WHO WOULD BE OVER THAT TO VISIT WITH US AND HAVE THIS DISCUSSION, SEE WHAT WE COULD COME UP WITH AS A SOLUTION TO THIS PROBLEM. BECAUSE IT IS SO FRUSTRATING. I KNOW FOR THE PUBLIC WHO ARE SAYING, HEY, YOU CAN'T ALLOW THESE 400 UNITS TO COME IN ON A TWO LANE HIGHWAY. AND WE'RE LIKE, WELL, YEAH, IT'S GOING TO GET DEVELOPED.

BUT AT THAT PART YOU'RE YOU'RE ADDRESSING OR CONCERNED ABOUT IS COUNTY, AND WE CAN'T DO ANYTHING ABOUT IT. RIGHT. YEAH. WOULD SOMEONE FROM THE MPO MIGHT BE GOOD TO HAVE THAT CONVERSATION. SURE. I'D LIKE TO HAVE THEM COME TO THE MEETING AND HAVE THAT DISCUSSION WITH US. YEAH. WE THEY'RE THE ONES THAT ARE OLDER COUNTY, OLDER CITY, NOT OVER, BUT THEY'RE THE ONES THAT COORDINATE BETWEEN ALL THE WELLS. AND MAYBE IF WE ARE INVITING PUBLIC WORKS TO COME IN IN DECEMBER OR JANUARY, WE COULD SEE IF THEY WOULD COORDINATE THAT AND HAVE US DO PUBLIC WORKS PRESENTATION AND MPO PUBLIC PRESENTATION SAME EVENING AND GET SOME MORE INSIGHT. YEAH, NO, WE COULD CERTAINLY INCLUDE THOSE AS TOPICS. OKAY. YEAH. THANK YOU KNOW, THOSE ARE GREAT TOPICS I WOULD LIKE TO TRY TO FIND SOME RESOLUTIONS TO THESE ISSUES.

INSTEAD OF JUST BEING FRUSTRATED AND WRINGING OUR HANDS IN PUBLIC HEARINGS. YEAH, JUST JUST A BRIEF COMMENT. I WAS DOWN IN DALLAS A FEW WEEKS AGO, AND I WAS INTRIGUED AT HOW WELL PLANNED THERE ARE AREAS OUTSIDE THE CITY ARE, AND AFTER LOOKING INTO THAT, WHAT THEY DO IS THEY PLAN THOSE TRANSPORTATION CORRIDORS SO THAT THEY ARE GENERALLY ABOUT TEN, 12 MILES OUTSIDE THE CITY. SO YOU DON'T HAVE THE VERY PROBLEM THAT YOU DESCRIBED WHERE YOU'RE TRYING TO DO IT AFTER THE FACT, AND IT BECOMES A REAL PROBLEM WHEN YOU'RE TRYING TO CRAM A GREAT AMOUNT OF DEVELOPMENT IN TOO LATE. WELL, AND I WOULD THINK IT MAKES THAT PARCEL OF PROPERTY OR PARCELS MORE ATTRACTIVE TO DEVELOP IF THERE'S ALREADY A SIGNIFICANT HIGHWAY OR THEY DON'T REQUIRE THE CONSTRUCTION OF THE HIGHWAY, THEY JUST DESIGNATE IT AS A CORRIDOR. SO THAT WE'VE GOT THAT, WE'VE GOT THE DESIGNATION, BUT IT STAYS WITH YOU UNTIL WE GET IT. YEAH. I WOULD LIKE TO SEE IT DEVELOPED. YEAH. PUT THE EGG FIRST INSTEAD OF THE CHICKEN. SECOND ITEM THIS THIS ITEM NUMBER ONE THAT YOU INCLUDED IN OUR PACKET. THE LETTER IN THE LARGE FOLDER. YES. I WOULD RECOMMEND THAT WE ALL JUST HANG ON TO THAT FOR NEXT MONTH'S MEETING. AND YOU DON'T HAVE TO SEND IT OR RECREATE IT FOR US.

PERFECT. THAT'S A BIG COST TO THE CITY THAT I DON'T THINK WE NEED TO UNDERGO. SO EVERYBODY JUST HANG ON TO THAT PART FOR NEXT MONTH. WITH THAT, THEN I THINK WE'RE AT AN END OF OUR MEETING AND I APPRECIATE YOUR ATTENDANCE TONIGHT. THANK YOU. THANKS. WE'LL STAND ADJOURNED UNTIL OCTOBER. CAN WE HAVE OTHER ITEMS BESIDES IMPACT FEES THAT YOU'RE AWARE OF, PUBLIC

[00:50:03]