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Board sends cargo-container ordinance back to planning and halts enforcement after US Silica request

2828072 · February 24, 2025
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Summary

After a request from US Silica, the Board of Aldermen voted 4–1 to send the cargo-container ordinance to Planning and Zoning for revision and to direct staff not to enforce the prohibition while the commission reviews options for concealed storage on commercial property.

The Board of Aldermen on Feb. 24 voted 4–1 to send the city's cargo-container ordinance to the Planning and Zoning Commission for revision and to instruct city staff not to actively enforce the current prohibition against cargo containers while the zoning review proceeds.

Quan Jennings, representing US Silica, told the board the company relies on metal storage containers that are stationed on its property and called them essential to operations. He described three possible mitigations the company would consider if the ordinance remains in place: concealment with wooden screening, moving containers further behind on-site rail lines or other costly removals. "They're vital to our operation," Jennings said.

Alderman Madrigal moved to amend a standing motion to send the ordinance to Planning and Zoning with the notation that concealed containers on commercial property could be permitted if not visible to the public; the motion also directed staff not to enforce the prohibition while Planning and Zoning reviews potential ordinance changes. Alderman Kelly seconded. City attorney Jones advised that the board can refer ordinance changes to Planning and Zoning and that, in the interim, the board may instruct staff to suspend active enforcement to give the commission time to consider amendments.

The board's action does not change the ordinance text; instead it starts a formal amendment process through Planning and Zoning. The motion passed 4'to—2. The board noted the suspension of enforcement was intended to apply at least to recent notices that property owners had already received; the board did not adopt a permanent exception.

The decision will send the cargo-container question into the standard zoning review process. The Planning and Zoning Commission will consider changes to the zoning ordinance; any proposed change must return to the Board of Aldermen for ordinance consideration and typical public hearings before any permanent change takes effect.

The board did not set a precise timeline for Planning and Zoning review, and it did not adopt language altering enforcement beyond the temporary, board-instructed pause.