16 - New Land Use Definition for Vehicle Storage Facility

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Item No. 16 TO: Mayor & City Council FROM: Grayson Path, City Manager SUBJECT: ZONING ORDINANCE — NEW LAND USE DEFINITION FOR VEHICLE STORAGE FACILITY DATE: October 26, 2020 BACKGROUND: At the September Planning and Zoning Commission meeting, staff presented a new land use for vehicle storage facilities for consideration. The commission discussed the use and provided direction for the draft ordinance. Provided herein is the background of why this is needed. City staff was approached about a proposed development for a vehicle towing business with an onsite vehicle storage yard. These facilities are highly regulated by the Texas Department of Licensing and Regulations (TDLR), as well as Chapter 35 of the city ordinance. However, the most similar land use provided in the Zoning Ordinance is Wrecking/Salvage Yard, which is only allowed in heavy industrial districts with a specific use permit (SUP). A new land use is needed in order to differentiate between a vehicle storage lot and a wrecking yard. Regulations for wrecker, towing and storage facilities are provided in Chapter 35 of city ordinance, which provides a definition for vehicle storage facility as follows: "Vehicle stora a facility means a state licensed garage, parking lot, or any type of facility owned by a person other than a governmental entity for storing or parking vehicles as defined by state law." These facilities are used to store vehicles until such time that the owner arranges to pick it up or the vehicle is auctioned. Per TDLR regulations, a vehicle accepted for storage at a licensed vehicle storage facility may not be repaired, altered, or have parts removed or replaced without consent of the vehicle owner or owner's authorized representative. For clarity and consistency with Chapter 35 of city ordinance, staff recommends that the Zoning Ordinance be amended to include a new definition for vehicle storage facility, as well as to assign the appropriate districts in which this land use is to be permitted.