The Abilene City Council and Planning & Zoning Commission of Abilene, Texas, met in a Special Joint Meeting for a roundtable discussion concerning the draft community appearance element of the Comprehensive Plan and aesthetic issues in the City of Abilene including: 1) Accessory and Incidental Use Buildings; 2) Temporary Signs; and 3) Environmental Code Enforcement.

Mayor Grady Barr was present and presiding with Councilmen Norm Archibald, Kris Southward, Anthony Williams, John Hill, Jimmy McNeil, and Councilwoman Kay Alexander. Planning & Zoning Commission members present were Eddie Boykin, Ovelia Campos, Jeff Luther, Jack Harkins, Tim McClarty, Floyd Miller, and Neomia Banks. Also present were City Manager Larry D. Gilley, Assistant City Manager Michael Morrison, City Attorney Sharon Hicks, City Secretary Jo Moore, Director of Community Development Richard Gertson, and various members of City staff.

Councilman Kris Southward gave the invocation.

Mayor Barr welcomed those in attendance and thanked the Planning & Zoning Commission members for their service.

City Manager Larry Gilley introduced the issues, and briefed the Council and Commission members on the importance of focusing on safety, health, and aesthetics issues as they relate to Abilene today and in the future. Mr. Gilley noted the need to balance the issues of aesthetics, while allowing a way for businesses to be successful and prosper, and yet never compromising health and safety issues for the community.

Mr. Gilley then recognized Richard Gertson, Director of Community Development. Mr. Gertson noted appreciation for the opportunity to discuss with the Council and the Planning & Zoning Commission general aesthetic issues and the importance of appearance to Abilene. Mr. Gertson stated the basic outline of the visual presentation that would be made today reflects the issues of 1) Environmental Code Enforcement (including a variety of forms of modular storage units); 2) Signage, and 3) Landscaping. Mr. Gilley further stated the image of the community was a significant concern to members of the ACE Task Force who approved two strategies that deal with visual blight (Entryways and Environmental Code Enforcement). The Task Force sentiments were echoed by scores of residents who participated in the Comprehensive Plan process through public forums or surveys.

Mr. Gertson addressed the fact that enforcement of current codes is a primary issue. With priority restraints in the area of code enforcement, Mr. Gertson noted the current approach to enforcement is fragmented; i.e. weed complaints are enforced by the fire department, abandoned and junked cars by the police department, health and safety hazards by the health department, and substandard structures by the community development department.

Mr. Gertson briefed the Council and Commission on the issues of Accessory and Incidental Use Buildings, stating that in the area of Modular Storage Units, three issues are considered:

1. Code compliance issues - can you convert a steel box into a warehouse, office, or residence?
2. Image - does it move us forward?
3. The economics - is it really more affordable than the preferred alternative?

Mr. Gertson addressed permit requirements that could be established for storage units, which include: engineering of units, property setback, specific zoning districts, appearance, and restricting to seasonal use only. Mr. Gertson noted estimates from Building Inspection show an additional $3000-4000 per unit would be needed to bring the boxes up to basic code.

Council, board, and staff discussion included: 1) the appearance of Abilene needing to be improved; 2) funds and resources required to enforce codes; 3) requiring metal storage units to comply with codes and being allowed in some zoning districts (i.e., industrial or commercial), 4) establishing screening and/or fencing requirements for districts where units are allowed; 5) the economic impact to some businesses if units are not allowed; 6) sea containers being more structurally sound than portable buildings; 7) citizen concerns over the deterioration of neighborhoods; 8) no sea containers currently in Abilene are in compliance with City codes; 9) it appearing that other cities don't seem to have enforcement problems like Abilene; 10) concerns that codes are not being enforced.

Mayor Barr reiterated requirements that need to be established if sea containers are allowed, including: 1) a permit process, 2) compliance with codes, 3) property setback, and 4) a site plan to regulate location.

Further Council, P&Z, and staff discussion included: 1) if units are permitted, regulating them through zoning versus site by site; 2) requiring proper screening; 3) enforcement; 4) property taxes are paid on units; 5) general enforcement being vital to the redevelopment of neighborhoods to help protect citizen investments; and 6) consider how businesses that have complied with codes will view others not having to adhere to the same requirements.

Mr. Gilley summed up the Council and Planning & Zoning Commission discussion, noting the interest expressed in revisiting the temporary storage container Ordinance. In reconsidering the Ordinance, the Planning & Zoning Commission will review possibly allowing the temporary units in certain zoning districts, (i.e., industrial, light commercial, or commercial), and requiring code compliance. Council requested the Planning and Zoning Commission to also consider: 1) seasonal uses of the units, 2) units being used exclusively for storage, 3) no unnecessary harsh requirements of businesses, and 4) addressing the amount of time the units can remain on the business's property. Following the P&Z Commission's review of the Ordinance, recommendations will be submitted for Council consideration.

Mr. Gilley stated that although the current Accessory and Incidental Use Building Ordinance is administratively not being enforced, new containers are prohibited from being located in the City.

Richard Gertson, Director of Community Development, briefed the Council and Commission on Signage issues. Mr. Gertson stated throughout the planning process, concern was expressed relative to the proliferation of signage within Abilene. Planning participants also expressed concern that many signs, particularly those along major corridors, do not portray an image that is consistent with an aesthetically appealing community. Although signs are necessary to advertise and communicate the location of destinations, they can overpower and dominate an area if not controlled. A visual presentation of various signs in Abilene and related violations was viewed by the Council & Commission. Mr. Gertson noted the portable sign issue had been tabled by the Planning & Zoning Commission for further input and until the aesthetic issues could be heard. Mr. Gertson further noted staff worked with a general portable sign distributor who stated he felt Abilene was extremely flexible, more so than other cities, and the distributor also stated in his opinion Abilene should consider tightening up sign regulations.

Council, Commission, & staff discussion included: 1) current code doesn't have a portable sign tie down requirement; 2) requirements need to be consistent; 3) if the sign ordinance were enforced, a dramatic difference would be seen in Abilene; 4) currently there is no size requirement or time limit in which a sign can stay out in front of a particular business; and 5) the need for an overall effective sign Ordinance.

Mayor Barr stated if code enforcement is to be done as addressed by Council and the Planning & Zoning Commission today, funds would have to be allocated and that is an issue Council would need to review during budget sessions.

There being no further business, the meeting was adjourned at 3:05 p.m.

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Jo Moore Grady Barr

City Secretary Mayor