To: Planning and Zoning Commission
From: Sarah Hensley, Assistant Community Development Director
Subject:
Title
PUBLIC HEARING: Consider a request to approve amendments to the City of Keller Unified Development Code (UDC), adopted by Ordinance No. 1746 dated July 7, 2015, by amending Article Eight - Zoning Districts, relating to Car Wash regulations; providing penalties; authorizing publication; and establishing an effective date. (UDC-23-0003)
Body
Action Requested:
Conduct a public hearing and consider a request to approve amendments to the City of Keller Unified Development Code (UDC) related to which zoning districts allow car washes by SUP.
Background:
In February 2023, City Council held a work session and discussed where car washes are allowed and in which zoning districts. Noting the adjacency concerns for residential neighborhoods (noise and lights) and the fact that car washes do not generate sales and use taxes, the city historically has not encouraged car wash development. Consequently, car washes currently are not allowed by right in any zoning district. Car washes are allowed by Specific Use Permit (SUP) in the following zoning districts:
- Neighborhood Services
- Retail
- Commercial
- Katy Road
- Light Industrial
Economic Development staff shared that the Tax Cuts and Jobs Act of 2017 allowed 100% depreciation of car wash equipment after the first year, and that this benefit continues through 2023, then diminishes each year until phased out in 2027. This legislation significantly increased interest in developing car washes for properties across the city. In the last 12 months, staff held five Development Review Committee meetings and fielded many more inquiries about potential car wash sites, none of which could be developed as proposed.
Staff shared that entertaining proposals, despite their unlikely ability to succeed, involved significant time for applicants as well as staff and perhaps limiting car wash development to fewer zoning districts would help focus applicants on areas in the city where they may be successful.
Council gave direction to eliminate car washes from the Use Tables of both the Neighborhood Services and Retail zoning districts. Car washes could still develop in the Commercial, Katy Road, and Light Industrial zoning districts with an SUP. Staff has proposed amendments to the UDC use charts per this direction. (See Exhibit A.)
Proposed Amendments:
See Exhibit “A”.
Summary:
The proposed UDC Amendments include:
1. Eliminate the use of “Vehicle or car wash” from the Neighborhood Services and Retail zoning district use charts.
Supporting Documents:
- Exhibit A: Proposed Draft UDC Amendments
Citizen Input:
An amendment to the text of the UDC requires a public hearing notice to be published in the local newspaper ten (10) days prior to the scheduled Planning and Zoning Commission meeting date and fifteen (15) days prior to the City Council Meeting Date. The notice for the Planning and Zoning Commission public hearing was published in the March 5, 2023 edition of the Fort Worth Star-Telegram. As of today, Staff has not received any comments from the public on the proposed UDC Amendments.
Alternatives:
Planning and Zoning Commission has the following options when considering an amendment to the text of the UDC:
- Recommend approval as submitted
- Recommend approval with modifications or additional amendments(s)
- Tabling the agenda item to a specific date with clarification of intent and purpose
- Recommend denial
City Council Action:
If the Planning and Zoning Commission takes action and makes a recommendation on this agenda item, then this UDC Text Amendment application will be scheduled for City Council action on April 4, 2023.