Title
Conduct a Public Hearing to Consider/Discuss/Act on the Request by the City of McKinney, for Approval of the Request to Amend Chapter 146 - Zoning Regulations of the Code of Ordinances, to Modify the Definitions of Car Wash, Fueling Station or Gasoline Station, and Service Station, and Accompanying Ordinance.
Summary
MEETING DATE: February 21, 2012
DEPARTMENT: Development Services - Planning
CONTACT: Jennifer Cox, AICP, Director of Planning
Brandon Opiela, Senior Planner
RECOMMENDED CITY COUNCIL ACTION:
• Staff recommends approval of the proposed amendments to Section 146-46 (Definitions) of the Zoning Regulations, to read as follows:
o “(22) Car wash means a building or portion thereof, containing facilities for washing motor vehicles including, but not limited to, automobiles, motorcycles, buses, or recreational vehicles (excluding semi-trailer trucks with at least 3 axles that are designed to tow trailers) using automated or manual methods including chain conveyor, blower, steam cleaning device, or other mechanical device. A car wash may also be referred to as an auto laundry.”
o “(47) Fueling station or gasoline station means a retail fuel sales facility selling fuel for motor vehicles including, but not limited to, automobiles, motorcycles, buses, or recreational vehicles (excluding semi-trailer trucks with at least 3 axles that are designed to tow trailers) with no ancillary services such as vehicle service, vehicle repair, or sale of items other than fuel. The fueling or gasoline station may be attended or automated.”
o “(98) Service station means any building or premises used for the dispensing, sale, or offering for retail sale of any fuels or oils for motor vehicles including, but not limited to, automobiles, motorcycles, buses, or recreational vehicles (excluding semi-trailer trucks with at least 3 axles that are designed to tow trailers). If the dispensing, sale or offering for sale is incidental to a public garage, the premises shall be classified as a public garage, and not as a service station.”
ITEM SUMMARY:
• Staff is proposing to modify the definitions of car wash, fueling station or gasoline station, and service station as found in Section 146-46 (Definitions) of the City of McKinney Zoning Regulations to clearly identify the types of vehicles permitted within each definition.
• It is Staff’s opinion that the current definitions for car wash, fueling station or gasoline station, and service station should be modified in an effort to remove any uncertainty with regard to permitted/prohibited vehicle types. These three uses are currently allowed in industrial districts as well as lower intensity commercial districts such as “BN” -Neighborhood Business District (car washes require an SUP), “BG” - General Business District, and “C” - Planned Center District.
• The definition for gasoline station or fueling station uses the word “vehicle,” which currently allows for all vehicle types to fuel without prohibiting higher intensity uses such as a semi-trailer truck fueling facility from locating on properties within these districts. Although the definitions for both car wash and service station use the word “automobile” (usually associated with a passenger vehicle), which carries less flexibility than the term “vehicle,” Staff felt as though all three definitions should be clarified to prohibit specific vehicle types, thus removing any further ambiguity with regard to permitted vehicle types.
• Section 146-46 (Definitions) of the Zoning Ordinance defines Car Wash, Fueling Station or Gasoline Station, and Service Station as follows:
o “(22) Car Wash means a building or portion thereof, containing facilities for washing automobiles using automated or manual methods including chain conveyor, blower, steam cleaning device, or other mechanical device. A car wash may also be referred to as an auto laundry.”
o “(47) Fueling Station or Gasoline Station means a retail fuel sales facility with no ancillary services such as vehicle service, vehicle repair, or sale of items other than fuel. The fueling or gasoline station may be attended or automated.”
o “(98) Service Station means any building or premises used for the dispensing, sale, or offering for retail sale of any automobile fuels or oils. If the dispensing, sale or offering for sale is incidental to a public garage, the premises shall be classified as a public garage, and not as a service station.”
BACKGROUND INFORMATION:
• In July of 2011, a rezoning request (11-116Z) was submitted to allow a truck stop use. This request was ultimately withdrawn after the Planning and Zoning Commission recommended denial of the request on September 27, 2011.
• On October 24, 2011, a site plan (11-159SP) for the same property included in the earlier rezoning request (11-116Z) was submitted to Staff for approval of a convenience store with automobile and semi-trailer truck fueling stations. With the previously shown truck parking areas and truck scales removed from the site plan, the use is no longer classified as a truck stop use, and would fall under the fueling station or gasoline station category as defined in the Zoning Ordinance. This site plan was approved on January 9, 2012.
• At the November 8, 2011 Planning and Zoning Commission meeting, the Commission recommended approval of the proposal (11-154M) to modify the definitions of car wash, fueling station or gasoline station, and service station as found in Section 146-46 (Definitions) of the City of McKinney Zoning Regulations to clearly identify the types of vehicles permitted within each definition. During the meeting, the Commission requested that Staff bring back a recommendation for new and unlisted uses such as a truck fueling station and truck stop to the January 10, 2012 Planning and Zoning Commission meeting for discussion and potential action.
• At the November 15, 2011 City Council meeting, Staff proposed (in concert with the recommendation of the Planning and Zoning Commission) modifying the definitions of car wash, fueling station or gasoline station, and service station (11-154M2). City Council tabled consideration of the item indefinitely and wanted to further discuss if the definitions should be modified as proposed and further, if and where truck fueling stations and/or truck stops should be allowed in our city.
• At the December 6, 2011 City Council work session, Staff presented information (11-550) providing definitions for uses such as a “truck fueling station” and “truck stop,” along with zoning districts which Staff felt most appropriate for each type of use. Staff also requested direction from City Council regarding the zoning districts most appropriate for each of the new and unlisted uses. Staff received direction to move forward with a new case (11-153M) which provided definitions for “truck fueling station” and “truck stop,” along with language to allow truck fueling stations in industrial areas with a specific use permit while prohibiting truck stop uses throughout the City of McKinney.
FINANCIAL SUMMARY:
• N/A
BOARD OR COMMISSION RECOMMENDATION:
• On November 8, 2011, the Planning and Zoning Commission voted 5-1 to recommend approval of the proposed amendments to Section 146-46 (Definitions) of the Zoning Regulations. Chairperson Clark voted against the motion.
• As a part of the motion, the Planning and Zoning Commission also recommended that Staff come back to the Planning and Zoning Commission with a separate case (11-153M) that would provide a recommendation regarding which zoning districts should allow a truck stop use and truck fueling station use. On January 24, 2012, the Commission voted unanimously to recommend approval of the resolution as recommended by Staff, which is also being heard by City Council (11-153M3) for approval at the February 21, 2012 meeting.