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HomeMy WebLinkAboutAM2024-01 404 E WALL ST. GRAPEVINE TEXAS 76051 T 214-435-4502 12/4/2023 404 E Wall St Grapevine, Texas 76051 Dear Erica: I would like to make a request that the City of Grapevine consider adding home backup generators to the exceptions list for the noise ordinance Section 55 A 3. Recently the State of Texas has experienced significant demand increases on its power grid which has resulted in multiple widespread power failures. These power failures have occurred during critical times of inclement weather which have resulted in very significant damage to homeowners’ property over the past several years. Because of this, the demand for home backup generators has significantly increased. The City of Grapevine has uniquely burdened the requirement for home backup generators due to their noise ordinance. This ordinance so burdens the ability to install a generator that the cost to do so will increase by as much as 50% and in many cases the solutions will void the manufacturer warranty. The Texas utility grid has experienced such demand that the State of Texas recently passed a new proposition allocation for multiple new powerplants to try and help the demand. The demand for power plants is being driven by the increased percentage of power that comes from renewable sources which are dependent on weather and atmospheric conditions. The burden is further 2 exacerbated by the growth in population and the strong push by the federal government to transition automotives from fossil fuel to electric vehicle. Each electric vehicle added to a home, increases that home’s power consumption by over 35%. With the power grid many times withing a small percentage of failure, the proliferation of EV’s will very quickly push the grid beyond capacity causing more failures. These conditions are a known problem with the Texas grid as they struggle to come up with some sort of solution. In the meantime, the homeowners of Grapevine are being put at an unnecessary burden over other cities for the failure to update the current zoning. As a quick review of the typical current generators installed in Grapevine homes, Generac is the primary supplier and I have attached the specification for your review of the current largest generator designed for home use. The generator is designed so that periodically (typically once a week) the generator will power up and go into test mode for fifteen minutes. During this test, the unit will power up at full power and then immediately drop to 50% for the duration of the test which typically is set for 15 minutes. The noise during this time is far less than is experienced by homeowner when lawn maintenance equipment is operating in the area. You can see the noise levels at full power and test power in the unit specification. As a last note I would like to point out that today’s homes are far more dependent on having electrical power because it supports the homes’ communications, all the appliances, and home health supporting equipment such as CPAP machines. Many homes have transitioned to tankless water heaters which have a very low water volume burner that is protected from freezing by an electrical heater that during power outages leaves the very vulnerable unit to catastrophic failure. In the last big freeze, thousands of local area tankless water heaters without power failed which resulted in homeowner damage. 3 My request is that the city exempt home backup generators from the noise ordinance so that the citizens of Grapevine can protect their homes in the same manner that the surrounding cities can from this impending problem that is predicted to get worse very soon. I am always available for any questions or to help in any way. Regards, Neal Cooper 214-435-4502 AM23-08 1 November 27, 2023 – Joint Workshop MEMO TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER MATTHEW BOYLE, CITY ATTORNEY ERICA MAROHNIC, PLANNING SERVICES DIRECTOR MEETING DATE: NOVEMBER 27, 2023, JOINT WORKSHOP SUBJECT: RECEIVE A REPORT, HOLD A DISCUSSION, AND PROVIDE STAFF DIRECTION REGARDING POSSIBLE AMENDMENTS TO SECTION 12, DEFINITIONS; SECTION 21, RESERVED; SECTION 22, “R-MF”, MULTIFAMILY DISTRICT REGULATIONS; AND SECTION 56, OFF- STREET PARKING RELATIVE TO SHORT TERM RENTALS INCLUDING ASSOCIATED REGULATIONS. BACKGROUND: It has been the City’s contention since 2017 that short-term transient rentals also referred to as short-term rentals, are not now and have never been listed as a permitted use within any Zoning District within the City. Strict prohibition of short-term rentals occurs because they are not accommodated under the existing definitions of single-family attached or detached buildings. Operation of short-term rentals deteriorates single-family neighborhoods with their influx of non-residents contributing greater amounts of traffic, on- street parking, noise, litter, calls for emergency services, and public nuisances not normally occurring and causing great disruption. ISSUES: There are instances where the City Council finds that enacting a permitting program for short-term rentals will serve to balance the rights of all stakeholders through a fair and balanced regulatory framework that permits short-term rentals in limited locations and circumstances but ensures that the short-term rentals do not become a nuisance to residential neighborhoods. Therefore, the draft ordinance attached seeks to strike a balance and allow for short-term rentals within two existing multifamily districts with approval of a conditional use permit and subject to conditions. AM24-01 1 MEMO TO: PLANNING AND ZONING COMMISSION FROM: ERICA MAROHNIC, PLANNING SERVICES DIRECTOR MEETING DATE: FEBRUARY 20, 2024, WORKSHOP SUBJECT: HOLD A DISCUSSION AND PROVIDE STAFF DIRECTION REGARDING POSSIBLE AMENDMENTS TO THE COMPREHENSIVE ZONING ORDINANCE (ORDINANCE NO. 82-73) SAME BEING APPENDIX “D” OF THE CODE OF ORDINANCES, AS FOLLOWS: AMEND SUBSECTION A.3., NOISE REGULATION OF SECTION 55., PERFORMANCE STANDARDS BY ADDING AN EXCEPTION FOR WHOLE-HOME EMERGENCY GENERATORS DURING TESTING PERIODS BACKGROUND: A Grapevine resident and homebuilder has submitted a request for an exception to the noise regulations laid out in Section 55, Performance Standards of the Zoning Ordinance. Currently, the only exception to maximum noise emissions on property outside of the right- of-way is for lawn and yard maintenance equipment. The requestor is seeking to add a second exception for whole-home emergency generators. Along with the request, a letter from the requestor and a specification sheet for a whole-home emergency generator have been attached. Whole-home emergency generators are designed to ensure safety and security during long power outages. They provide continuous power to keep essential appliances and systems running, such as heating and cooling, refrigeration, medical equipment, communication devices, and security systems. This can be important for individuals with medical conditions that require electricity-dependent equipment or for families with young children or elderly members who may be more vulnerable during extended power outages. In addition, having a whole home generator can help prevent property damage and financial losses by maintaining a functional home environment during unforeseen power interruptions. ISSUES: Whole-home emergency generators usually emit noise at a level of around 60-70 decibels, which is about as loud as a normal conversation. The maximum permissible sound level in a residential district is 59 dBA between 7:00 a.m. and 10:00 p.m. and 52 dBA between 10:00 p.m. and 7:00 a.m. Many generators may need to run self-diagnostic tests automatically on a weekly or monthly basis, while others may require manual testing by the homeowners. The frequency of testing may depend on the manufacturer's recommendations and the specific model of the generator. Planning and Zoning Commission Workshop Agenda Item No. 1 AM24-01 2 Historically, Grapevine has required whole-home emergency generators to be equipped with baffling, covers, or other noise attenuation methods during the building permitting process. This is because these generators can produce a significant amount of noise while running, which can be disruptive to the surrounding community, especially in residential areas where neighbors are near each other. However, implementing these noise-reducing measures can be expensive, void the generator's warranty, or potentially affect its overall performance during an actual emergency event. Draft Exception Changes: 3. NOISE REGULATION: This ordinance shall apply to all sound originating within the limits of the City of Grapevine, Texas. It applies 24 hours of everyday of the week and year around. This ordinance does not apply to any moving vehicle or aircraft, nor does it apply to sound emitted from any emergency warning device. This ordinance does not apply to the following activities as long as they are conducted in daytime hours as a normal function of a permitted, conditional or special use and the equipment is maintained in proper working condition: • Lawn and yard maintenance • Whole-home emergency generator a. General Provisions 1. A person may not conduct a use that creates a sound which exceeds the sound levels established in Table 1 or that exceeds the background sound levels by 5 dBA., whichever is greater. AM24-01.4 - RCPH 1 MEMO TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS FROM: BRUNO RUMBELOW, CITY MANAGER ERICA MAROHNIC, PLANNING SERVICES DIRECTOR MEETING DATE: JULY 16, 2024 SUBJECT: RESIDENTIAL STANDBY GENERATORS (AM24-01) RECOMMENDATION: City Council to hold a discussion and provide staff direction regarding possible amendments to the Comprehensive Zoning Ordinance (Ordinance No. 82-73) same being Appendix “D” of the Code of Ordinances, as follows: amend Subsection A.3, Noise Regulation of Section 55, Performance Standards by adding an exception for residential standby generators. BACKGROUND: A Grapevine resident and homebuilder has submitted a request for an exception to the noise regulations laid out in Section 55, Performance Standards of the Zoning Ordinance. Currently, the only exception to maximum noise emissions on property outside of the right- of-way is for lawn and yard maintenance equipment. The requestor is seeking to add a second exception for residential standby generators. Along with the request, a letter from the requestor and a specification sheet for a residential standby generator have been attached. Residential standby generators are designed to ensure safety and security during long power outages. They provide continuous power to keep essential appliances and systems running, such as heating and cooling, refrigeration, medical equipment, communication devices, and security systems. This can be important for individuals with medical conditions that require electricity-dependent equipment or for families with young children or elderly members who may be more vulnerable during extended power outages. In addition, having a whole home generator can help prevent property damage and financial losses by maintaining a functional home environment during unforeseen power interruptions. ISSUES: Residential standby generators usually emit noise at a level of around 60-70 decibels, which is about as loud as a normal conversation. The maximum permissible sound level in a residential district is 59 dBA between 7:00 a.m. and 10:00 p.m. and 52 dBA between 10:00 p.m. and 7:00 a.m. Many generators may need to run self-diagnostic tests automatically on a weekly or monthly basis, while others may require manual testing by the homeowners. The frequency of testing may depend on the manufacturer's recommendations and the specific model of the generator. AM24-01.4 - RCPH 2 Historically, Grapevine has required residential standby generators to be equipped with baffling, covers, or other noise attenuation methods during the building permitting process. This is because these generators can produce a significant amount of noise while running, which can be disruptive to the surrounding community, especially in residential areas where neighbors are near each other. However, implementing these noise-reducing measures can be expensive, void the generator's warranty, or potentially affect its overall performance during an actual emergency event. Draft Exception Changes: 3. NOISE REGULATION: This ordinance shall apply to all sound originating within the limits of the City of Grapevine, Texas. It applies 24 hours of everyday of the week and year around. This ordinance does not apply to any moving vehicle or aircraft, nor does it apply to sound emitted from any emergency warning device. This ordinance does not apply to the following activities as long as they are conducted in daytime hours as a normal function of a permitted, conditional or special use and the equipment is maintained in proper working condition: • Lawn and yard maintenance • Residential standby generator, limited to testing periods between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday, and during emergency events, and not used in place of a permanent electric connection. /em AM24-01.4 1 TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER ERICA MAROHNIC, PLANNING SERVICES DIRECTOR MEETING DATE: AUGUST 20, 2024 SUBJECT: CONSIDER AMENDMENTS AND CHANGES TO THE COMPREHENSIVE ZONING ORDINANCE (82-73), SAME BEING APPENDIX D OF THE CODE OF ORDINANCES RELATIVE TO RESIDENTIAL STANDBY GENERATORS (AM24-01) RECOMMENDATION: Staff recommends the Planning and Zoning Commission and City Council consider the amendments to create a definition in Section 12, Definitions and amend Subsection A.3, Noise Regulation of Section 55, Performance Standards by adding an exception for residential standby generators. BACKGROUND: Residential standby generators are becoming increasingly important for homeowners who want to ensure continuous power during outages caused by natural disasters, infrastructure failures, or emergencies. These generators automatically activate during a power outage, providing essential electricity to maintain heating, cooling, medical equipment, and other critical household functions. Currently, the city's noise ordinance does not address the use of these generators. This oversight could potentially create obstacles for homeowners looking to install these generators and could result in penalties for necessary operation. This gap in the ordinance creates challenges for residents who rely on these devices for safety and health reasons. ISSUES: Residential standby generators usually emit noise at a level of around 60-70 decibels, which is about as loud as a normal conversation. The maximum permissible sound level in a residential district is 59 dBA between 7:00 a.m. and 10:00 p.m. and 52 dBA between 10:00 p.m. and 7:00 a.m. Many generators may need to run self-diagnostic tests automatically on a weekly or monthly basis, while others may require manual testing by the homeowners. The frequency of testing may depend on the manufacturer's recommendations and the specific model of the generator. AM24-01.4 2 Historically, Grapevine has required residential standby generators to be equipped with baffling, covers, or other noise attenuation methods during the building permitting process. These generators can produce a significant amount of noise while running, which can be disruptive to the surrounding community, especially in residential areas where neighbors are near each other. However, implementing these noise-reducing measures can be expensive, void the generator's warranty, or potentially affect its overall performance during an actual emergency event. REFINEMENT OF PROPOSED AMENDMENT During the request to call a public hearing on July 16, the Council acknowledged the need to balance noise control with practical requirements. They suggested that the proposed exception should come with reasonable conditions to manage noise levels. For instance, there should be restrictions on testing and maintenance times to minimize disturbances to neighbors, in line with established construction hours. In case of emergencies, generators may be used without restriction during declared emergencies or power outages. Incorporating a definition for a residential standby generator in Chapter 12, Definitions of the Zoning Ordinance ensures a clear understanding and consistency in its regulation and use. This definition will help to differentiate these generators from other types, such as temporary portable generators, which in turn facilitates proper zoning, installation, and safety standards. This clarity is crucial for homeowners, builders, and city departments to ensure compliance and mitigate potential conflicts. SUMMARY OF PROPOSED AMENDMENTS: Below are proposed revisions depicted in a strikethrough/underline format to show deletions and insertions found in various sections of the Zoning Ordinance. Section 12, Definitions RESIDENTIAL STANDYBY GENERATOR means a whole-home emergency generator for residential units as a backup power system designed to automatically provide electricity to an entire household during a power outage. It is not intended to be used in place of a permanent electric connection. Section 55, Performance Standards 3. NOISE REGULATION: This ordinance shall apply to all sound originating within the limits of the City of Grapevine, Texas. It applies 24 hours of everyday of the week and year around. This ordinance does not apply to any moving vehicle or aircraft, nor does it apply to sound emitted from any emergency warning device. This ordinance does not apply to the following activities as long as they are conducted in daytime hours as a normal function of a permitted, conditional or special use and the equipment is maintained in proper working condition: AM24-01.4 3 • Lawn and yard maintenance • Residential standby generator, limited to testing periods between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday, and during emergency events only, and not used in place of a permanent electric connection. /em AFFIDAVIT OF PUBLICATION Account #Order Number Identification Order PO Amount Cols Depth 36004 579920 Print Legal Ad-IPL01872460 - IPL0187246 $128.88 2 53 L lcarey@grapevinetexas.gov Tara BrooksAttention: Lindsay Carey 200 S. Main St. Grapevine, Texas 76051 THE STATE OF TEXAS COUNTY OF TARRANT Before me, a Notary Public in and for said County and State, this day personally appeared Mary Castro, Bid and Legal Coordinator for the Star- Telegram, published by the Star-Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: 1 insertion(s) published on: 08/04/24 Sworn to and subscribed before me this 5th day of August in the year of 2024 Notary Public in and for the state of Texas, residing in Dallas County Extra charge for lost or duplicate affidavits. Legal document please do not destroy!