HomeMy WebLinkAboutItem 13 - Zoning OrdinanceMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER
MEETING DATE: AUGUST 1, 2023
SUBJECT: AWARD OF A CONTRACT FOR ZONING ORDINANCE UPDATE
RECOMMENDATION: City Council to consider approval for the award of a contract for RFP 58-
23 for the zoning ordinance update with The Antero Group, LLC for the
Planning Services Department
FUNDING SOURCE: Funds are available in the General Fund (Planning Department) for an
annual estimated amount of $60,000.
BACKGROUND: he purpose of this contract is to establish amendments to the City of
Grapevine's Zoning Ordinance relative to state land use and zoning
legislation passed during the 86th, 87th, and 88th Texas State Legislative
sessions. This includes only zoning and land use -related regulations. This
update is not a rewrite of the existing ordinance. These updates and
enhancements are necessary to eliminate inconsistencies and incorporate
zoning best practices relative to recent legislative changes and
consistency with state law.
The update to the ordinance would take an in-depth analysis for
compliance with state law. If compliance is not existing, the second phase
would be to draft a compendium of amendments to the ordinance to
ensure compliance. Staff did not immediately seek changes to the Zoning
Ordinance based on previous legislation as it was prudent to wait for legal
challenges to the new state laws and litigation to settle out. At this time,
other cities have made the necessary term, definition, limitations, and
restriction amendments to be compliant with state law, as well as
practically and administratively updated their processes.
Evaluation and consideration may include, but is not limited to:
• Small Cell Technology (HB 1004 — 85th Legislature) - Streamlined
applications for small cell 5G technology to access public rights -of -way,
created caps on costs and fees, and streamlined timelines for the
consideration and processing of cell siting applications.
• Building Materials (HB 2439 — 86th Legislature) - Limits cities from
regulating the materials used for new construction, maintenance, and
renovations (including exterior building finishes).
• Shot Clock (HB 3167 — 86th Legislature) - Requires cities to act on plan
or plat applications within 30 calendar days; they must either approve,
disapprove or approve the plat and plan with conditions. HB 3699 — 88th
Legislature removed plans from a 30-day shot clock (amends HB 3167)
but it is unclear to what extent which development applications this
applies to.
• Creation of New and Expansion of Existing Historic and Conservation
Districts (HB 2496 — 86th Legislature) - Limits the ability of cities to
designate local historic landmarks without the consent of the property
owner or 3/4 of the City Council, and Planning and Zoning Commission or
Historic Preservation Commission, among other requirements including
providing property owners with an impact statement that describes what
effects the proposed district designation would have on their property
within a specified period.
• Designation of Board or Commission for Historical Properties of
Significance (SB 1585 — 87th Legislature) - Stipulates that cities must
specify the commission for which the 3/4 vote applies, Planning and
Zoning Commission or Historic Preservation Commission; but it cannot be
both.
• Municipal Board of Adjustment Establishment of Unnecessary Hardship
(HB 1475 — 87th Legislature) - Amended the conditions used to establish
an unnecessary hardship relative to decisions made by the Board of
Adjustment.
• Solar (SB 398 — 87th Legislature) - Prevents cities and homeowner
association boards from unreasonably restricting rooftop solar equipment.
• "Super" Pre-emption (HB 2127 — 88th Legislature) - Expressly
preempts certain city regulations in the Labor, Property, and Local
Government Codes, while exempting specific city regulations from
preemption in certain circumstances (e.g. payday lending regulations;
businesses involved in the breeding, care, treatment, and sale of animals
or animal products including veterinary practices). It prohibits a city from
adopting or enforcing an ordinance in a field of regulation occupied by
state law in eight specific codes and allows that a person or trade
association after providing a city with at least three months' notice can sue
the city for adopting or enforcing an ordinance preempted under HB 2127.
• Regulation of Agricultural Operation (HB 1750 — 88th Legislature) -
Expands the definition of agricultural operations, prohibits city
requirements that directly or indirectly prohibit generally accepted
agricultural practices, prohibits the use of pesticides or other measures to
control vermin or disease -bearing insects, or requires an agricultural
operation to receive certain state designations. Allows cities to impose a
12-inch maximum height for vegetation related to an agricultural operation
if the operation is located near right-of-way or property boundaries.
• Third -Party Reviews for Development Applications or Permits (HB 14 —
88th Legislature) - Authorizes third -party review of development
documents or permits and for third -party inspections if not acted upon or
completed within 15 days of the statutory deadline (e.g. shot clock). If a
city does not approve, disapprove or approve with conditions a
development application within 15 days of the required timeframe outlined
(e.g. 30 days), the document or permit may be reviewed by any person
other than the application or an employee of the city. Applies to
development inspections, too.
• Open Enrollment Charter Schools (HB 1707 — 88th Legislature) - An
open -enrollment charter school must be treated like a public school when
specifying where schools are permitted and site design requirements.
• Nonconforming Uses and Compensation (SB 929 — 88th Legislature) -
Requires notice to tenants (business owners who are not the property
owner or residents) of multi -tenant properties when a zone change
request is made on the property, provides for specific language on the
notice that a current use would be made nonconforming if the zone
change request were approved. Waives city immunity from suit and
liability compensation if procedures are not followed when nonconforming
uses are required to stop immediately. Establishes a new standard for
expiration of nonconforming uses only when the use has been
intentionally abandoned for at least six months. Demolition and/or damage
by more than 50% is no longer enforceable without compensation.
Bids were taken following Local Government Code Chapter 252,
Subchapter B, Section 252.021 (a) and Section 252.041 (a). The bid
advertisement was posted in the Fort Worth Star -Telegram on April 27,
2023. and Mav 4. 2023. RFP 58-23 was issued through the City eBid
system with 1,089 invitations sent out. A total of 17 vendors viewed and
downloaded the RFB and three bids were received. The bids were
opened electronically and publicly on May 25, 2023, at 2 pm. The contract
will be for an initial one-year period.
Based on the evaluation of the bid by the Planning Services Department
and Purchasing, it was determined that an award be made to The Antero
Group, LLC based on the overall highest score for the City meeting all of
the proposal specifications and requirements.
Staff recommends approval
EM/LW