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HomeMy WebLinkAboutItem 03 - AM22-04 TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER ERICA MAROHNIC, PLANNING SERVICES DIRECTOR MEETING DATE: JULY 19, 2022 SUBJECT: AMENDMENTS AND CHANGES TO THE COMPREHENSIVE ZONING ORDINANCE, NO. 82-73, APPENDIX D OF THE CODE OF ORDINANCES - SECTION 32, BUSINESS PARK DISTRICT, SECTION 12, DEFINITIONS RECOMMENDATION: Staff recommends the Planning and Zoning Commission and City Council consider the amendments to Section 32, Business Park District and Section 12, Definitions relative to the Sale and Rental of Heavy Machinery and Equipment, Outside Storage, and the establishment of Use-Specific limitations and take any other action necessary. BACKGROUND INFORMATION: The City has an opportunity for multi-use developments that feature a combination of uses such as professional offices, enclosed warehouses, sale and rental of heavy machinery and equipment, and outside storage that do not fit neatly into our current zoning districts, uses, and their definitions. Currently, the Sale and Rental of Heavy Machinery and Equipment is only permitted with the approval of a conditional use permit in the “LI”, Light Industrial District but has no corresponding definition in Section 12, Definitions of the Zoning Ordinance. Additionally, the “LI”, Light Industrial District does not permit Professional Office uses but through policy direction, offices have been permitted if they do not exceed more than 49% of a building’s area. The “PID”, Planned Industrial District is intended to accommodate industrial, noise-proof, industrial commercial and low intensity office-commercial, which result in a variety of employment opportunities in a single stage, or approved development phases, with limitations as to the maximum lot coverage by use. Planning Services staff has subsequently evaluated other zoning districts in which the Sale and Rental of Heavy Machinery and Equipment may be appropriate under certain circumstances and an opportunity exists to better regulate the use with use- specific standards. As part of this request, staff proposes to clearly define the Sale and Rental of Heavy Machinery and Equipment, and expand the Sale and Rental of Heavy Machinery and Equipment with approval of a conditional use permit to other zoning districts, and propose use-specific limitations to mitigate potential nuisances. No changes to parking requirements are proposed at this time relative to the Sale and Rental of Heavy Machinery and Equipment. C:\\Users\\tbrooks\\Downloads\\Agenda Memo 133071.docx 1 Definition Creation and Amendment No definition of Sale and Rental of Heavy Machinery and Equipment exists in the Zoning Ordinance today. Planning Services staff has drafted a proposed definition that better distinguishes the Sale and Rental of Heavy Machinery and Equipment from other uses, such as Sale, Storage, Lease, and Repair of Mobile Homes, Camper and Trailer Sales and Service, Lease and Rental, and Truck and Trailer Rental from each other. The proposed definitions include specificity relative to land use and examples of equipment. As part of this proposal, Planning Services staff is requesting a minor amendment to the existing definition of Outside Storage to better clarify that equipment and machinery storage qualifies as outside storage. Expand Use to Other Zoning Districts Currently, businesses engaged in the sale and rental of heavy machinery and equipment are not permitted by right in any zoning district and are only permitted with the approval of a conditional use permit in the “LI”, Light Industrial District. Planning Services proposes to allow the Sale and Rental of Heavy Machinery and Equipment in the “BP”, Business Park District with approval of a conditional uses permit and with use-specific limitations. The “BP” district permits similar land uses and the proposed use-specific standards attempt to mitigate any potential nuisances such as screening requirements, placement of machinery and equipment, and limitation on the total lot area that can be dedicated to the use. Flexibility is built in to the request as the Commission and Council may approve variations on the use-specific standards through the conditional use permit process. Amend Parking Requirement The current parking requirement for the sale and rental of heavy machinery and equipment is not specifically mentioned in Section 56, Off-Street Parking Requirements of the Zoning Ordinance. Planning Services staff relies on the closest use available and applies it to a development which is typically Warehousing and Enclosed Storage Areas, with a parking ratio of one parking space per 2,000 square feet. This ratio remains appropriate as a development intended for a business engaged in the sale and rental of machinery and equipment will only provide enough parking spaces for their habitable building area and which would be divided between office space, warehouse, and potentially other enclosed sub-uses. Planning Services does not propose a specific parking ratio for the sale and rental of heavy machinery and equipment. DRAFT Section 12, Definitions 304. OUTSIDE STORAGE shall mean the storage of commodities, goods, machinery and equipment, and/or refuse outside of an enclosed building. C:\\Users\\tbrooks\\Downloads\\Agenda Memo 133071.docx 2 367-3878. RESERVED FOR FUTURE USE. 388. SALE AND RENTAL OF HEAVY MACHINERY AND EQUIPMENT shall mean a building or open area, other than a right-of-way or public parking lot, used for the display, sale, rental, maintenance, repair, and storage of heavy machinery. Heavy machinery includes but is not limited to track loaders, excavators, backhoe loaders, skid steers, telehandlers, aerial lifts, tractors, farm machinery, bulldozers, street graders, and paving devices. This definition does not include the sale, storage, lease, or repair of living units such as mobile homes and commercial vehicles such as recreational vehicles (RVs), campers, trailers, trucks, vans, and any other vehicles licensed by the Texas Department of Public Safety. Section 32, Business Park District C. CONDITIONAL USES: The following uses may be permitted, provided they meet the provisions of, a Conditional Use Permit issued pursuant to, Section 48 of this Ordinance. 1. Planned Business Parks in accordance with Section 32.N, Planned Business Park Provisions. 2. Alcoholic beverages sales, provided a special permit is issued in accordance with Section 42.B. of the Ordinance. 3. Retail gasoline sales or gasoline service stations and related convenience store and automated car washes. 4. Restaurants with outside dining. 5. Hotels or motels. Hotels approved prior to January 18, 2005 shall be deemed a lawful, permitted use and shall have the same status as that authorized pursuant to this Ordinance; provided, however, no such building, structure, or use shall be altered, changed or expanded unless a conditional use permit therefore has been granted pursuant to this ordinance. 6. Indoor commercial amusements. 7. Call centers. 8. Any use allowed within this district with outdoor speakers. 9. Master Site Development Plan. 10. Sale and Rental of Heavy Machinery and Equipment. C:\\Users\\tbrooks\\Downloads\\Agenda Memo 133071.docx 3 M. DESIGN REQUIREMENTS: The following design requirements shall apply to all permitted, accessory and conditional uses. 1. No outdoor storage, except for refuse and garbage storage, shall be permitted; except for heavy machinery and equipment storage subject to and conditioned upon approval of a conditional use permit pursuant to Section 48. Refuse and garbage storage areas shall be landscaped and screened in accordance with Section 50.B.3. 2. Heating, ventilating, air conditioning and electrical equipment, shall be designed, installed and operated to minimize noise impact on surrounding property. All such equipment shall be screened from public right-of-way. 3. Lighting facilities, if provided, shall be so arranged as to be reflected away from residentially zoned or used property. Lighting provided within parking facilities shall meet the requirements of Section 58.E. 4. MASONRY REQUIREMENT: Due to the development nature of the BP Business Park District, it is recognized that all uses in this district shall have exterior fire resistant construction having one hundred (100) percent of the total exterior walls, excluding doors and windows constructed of brick, stone or other masonry, or material of equal characteristics in accordance with the City Building Code and Fire Prevention Code which may not allow for some business park type developments. 5. ADDITIONAL BUFFERING, SCREENING, FENCING, & LANDSCAPING. The Planning and Zoning Commission may recommend and the City Council may require additional buffering, screening, fencing and landscaping requirements on any zoning change, conditional use or special use case or concept plan in addition to or in lieu of buffering, screening, fencing, or landscaping requirements set out specifically in each use district when the nature and character of surrounding or adjacent property dictate a need to require such protection for the general health, welfare and morals of the community in general. 6. Hotel/motel facilities are required to meet the following standards: (a) Each guest room shall have a minimum area of 380 sq. ft. (b) A full service restaurant with full kitchen facilities and which provides service to the general public shall be required. (c) On-site staff is required 24-hours a day, seven days a week. (d) The following amenities shall be provided: C:\\Users\\tbrooks\\Downloads\\Agenda Memo 133071.docx 4 1. A minimum of 10,000 sq. ft. of meeting or conference room space; and 2. A swimming pool with a minimum area of 1,000 sq. ft. (e) A minimum room count of 300 rooms. 7. The sale and rental of heavy machinery and equipment is required to meet the following standards unless varied through approval of a conditional use permit pursuant to Section 48: (a) Outside storage for the purposes of display, sale, rental, and outside storage of heavy machinery and equipment shall be restricted to no more than 30% of the total lot area or an area of common development clearly delineated on the property’s approved site plan. (b) Display, sale, rental, and storage of heavy machinery and equipment shall not be a standalone use or occur without a primary structure on a property. (c) The placement or storage of heavy machinery and equipment shall take place behind the front building line of the primary structure on the property. (d) The placement or storage of heavy machinery and equipment shall be screened from adjacent properties consistent with Section 58 and Section 50. All required screening shall be in accordance with Section 50, Alternatives A and C, however, screening shall be required adjacent to rights-of-way, including alleys, with a minimum 6-foot-tall opaque decorative screen wall of masonry construction materials. (e) The placement or storage of heavy machinery and equipment is prohibited immediately adjacent to residential uses or residential zoning districts unless separated by a public right-of-way. (f) Repair and maintenance must occur within a fully enclosed building and be consistent with Section 55. /em C:\\Users\\tbrooks\\Downloads\\Agenda Memo 133071.docx 5 ORDINANCE NO. 2022-042 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX “D” OF THE CITY CODE OF GRAPEVINE, TEXAS, AMENDING SECTION 32, BUSINESS PARK DISTRICT, SECTION 12, DEFINITIONS RELATIVE TO THE SALE AND RENTAL OF HEAVY MACHINERY AND EQUIPMENT, OUTSIDE STORAGE, AND THE ESTABLISHMENT OF USE- SPECIFIC LIMITATIONS; REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE WHEREAS, Section 32 of the Zoning Ordinance of the City of Grapevine regulates the Business Park District and Section 12 of the Zoning Ordinance of the City of Grapevine regulates the Definitions of uses within the Zoning Ordinance; and WHEREAS, the City Council wishes to amend Section 32 and Section 12 of the Zoning Ordinance; and WHEREAS, the City Council of the City of Grapevine deems the passage of this ordinance as necessary to protect the public, health, safety, and welfare; and WHEREAS, the City Council is authorized by law to adopt the provisions contained herein, and has complied with all the prerequisites necessary for the passage of this Ordinance, including but not limited to the Open Meetings Act. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. Section 32 of the Zoning Ordinance - “Business Park District”, is hereby amended by adding Subsection (C)(10) to shall read as follows: “10. Sale and Rental of Heavy Machinery and Equipment.” Section 3. Section 32 of the Zoning Ordinance - “Business Park District”, is hereby amended by revising Subsection (M)(1) to shall read as follows: “No outdoor storage, except for refuse and garbage storage, shall be permitted; except for heavy machinery and equipment storage subject to and conditioned upon approval of a conditional use permit pursuant to Section 48. Refuse and garbage storage areas shall be landscaped and screened in accordance with Section 50.B.3.” Section 4. Section 32 of the Zoning Ordinance - “Business Park District”, is hereby amended by adding Subsection (M)(7) to shall read as follows: “7. The sale and rental of heavy machinery and equipment is required to meet the following standards unless varied through approval of a conditional use permit pursuant to Section 48: (a) Outside storage for the purposes of display, sale, rental, and outside storage of heavy machinery and equipment shall be restricted to no more than 30% of the total lot area or an area of common development clearly delineated on the property’s approved site plan. (b) Display, sale, rental, and storage of heavy machinery and equipment shall not be a standalone use or occur without a primary structure on a property. (c) The placement or storage of heavy machinery and equipment shall take place behind the front building line of the primary structure on the property. (d) The placement or storage of heavy machinery and equipment shall be screened from adjacent properties consistent with Section 58 and Section 50. All required screening shall be in accordance with Section 50, Alternatives A and C, however, screening shall be required adjacent to rights-of-way, including alleys, with a minimum 6-foot-tall opaque decorative screen wall of masonry construction materials. (e) The placement or storage of heavy machinery and equipment is prohibited immediately adjacent to residential uses or residential zoning districts unless separated by a public right-of-way. (f) Repair and maintenance must occur within a fully enclosed building and be consistent with Section 55.” Section 5. Section 12 of the Zoning Ordinance - “Definitions”, is hereby amended by revising Subsection (304. Outside Storage) to shall read as follows: “304. OUTSIDE STORAGE shall mean the storage of commodities, goods, machinery and equipment, and/or refuse outside of an enclosed building.” Ordinance No. 2022-042 2 Section 6. Section 12 of the Zoning Ordinance - “Definitions”, is hereby amended by adding Subsection (388. Sale and Rental of Heavy Machinery and Equipment) to shall read as follows: “388. SALE AND RENTAL OF HEAVY MACHINERY AND EQUIPMENT shall mean a building or open area, other than a right-of-way or public parking lot, used for the display, sale, rental, maintenance, repair, and storage of heavy machinery. Heavy machinery includes but is not limited to track loaders, excavators, backhoe loaders, skid steers, telehandlers, aerial lifts, tractors, farm machinery, bulldozers, street graders, and paving devices. This definition does not include the sale, storage, lease, or repair of living units such as mobile homes and commercial vehicles such as recreational vehicles (RVs), campers, trailers, trucks, vans, and any other vehicles licensed by the Texas Department of Public Safety.” Section 7. That all ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect; provided, however, that the ordinance or ordinances under which the cases currently filed and pending in the Municipal Court of the City of Grapevine, Texas shall be deemed repealed only when all such cases filed and pending under such ordinance or ordinances have been disposed of by a final conviction or a finding of not guilty, nolo contendere, or dismissal. Section 8. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed two thousand dollars ($2000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 9. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 10. The fact that the present ordinances and regulations of the City of Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the public creates an emergency which requires that this ordinance become effective from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 19th day of July, 2022. Ordinance No. 2022-042 3 APPROVED: _____________________________ William D. Tate Mayor ATTEST _____________________________ Tara Brooks City Secretary APPROVED AS TO FORM: _____________________________ Matthew C.G. Boyle City Attorney Ordinance No. 2022-042 4