To: Mark Hafner, City Manager
From: Sarah Hensley, Assistant Community Development Director
Subject:
Title
PUBLIC HEARING: Consider an ordinance approving 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 Specific Use Permit (SUP).
Background:
In February 2023, City Council held a work session and discussed which zoning districts permit car washes and where those zoning districts are located. 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. However, 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. ED pointed out that the subscription option (pay flat fee per month) has also increased investor interest in car washes. 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 and expense for applicants as well as staff time. Perhaps limiting car wash development to fewer zoning districts would help focus applicants on areas in the city where they might be successful.
Council gave direction to eliminate car washes from the Use Tables of both the Neighborhood Services and Retail zoning districts, but retain car washes in the Commercial, Katy Road, and Light Industrial zoning districts with an SUP. After a work session with the Planning and Zoning Commission and a public hearing, the Planning and Zoning Commission recommended also removing the Commercial Zoning District. (See below.) Staff has proposed amendments to the UDC use charts per this recommendation. (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, Retail and Commercial Zoning Districts’ 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. Notices were published in the March 5, 2023 and March 21, 2023 editions of the Fort Worth Star-Telegram for the respective Planning and Zoning Commission and City Council public hearings. As of today, Staff has not received any comments from the public on the proposed UDC Amendments.
Planning and Zoning Commission Recommendation:
On Mar. 14, 2023, the Commission voted to unanimously recommend approval of the proposed UDC amendments with the amendment that “Vehicle or car wash” also be removed from the Commercial Zoning District use chart. The Commission noted the unlikely ability for a proposal in these areas to be successful given that these zoning districts are primarily located on Main Street and Keller Parkway and are often close or adjacent to residential neighborhoods. If this recommendation were adopted, car washes would be allowed, with an SUP, in the Katy Road and Light Industrial Zoning Districts.
Alternatives:
The City Council has the following options when considering an amendment to the text of the UDC:
§ Approve as submitted.
§ Approve as recommended by the Planning and Zoning Commission.
§ Approve with modified or additional condition(s).
§ Table the agenda item to a specific date with clarification of intent and purpose.
§ Deny.