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City Council |
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Agenda Request |
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Agenda Of: |
1/23/07 |
Agenda Request
No: |
V C |
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Initiated By: |
douglas p.
schomburg, aicp asst. planning
director |
Responsible
Department: |
planning |
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Presented By: |
douglas p.
schomburg, aicp asst. planning
director |
Department
Head: |
sabine
somers-kuenzel, aicp director of
planning |
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Additional Department.
Head (s): |
n/a |
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Subject /
Proceeding: |
development code
amendment to chapter two (zoning), article II, to allow metal stampings
manufacturing in the restricted industrial (m-1) district workshop |
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Exhibits: |
supplemental information,
information from field investigation / tour photos |
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Clearances |
Approval |
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Legal: |
n/a |
Executive
Director: |
jim callaway community
development |
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Purchasing: |
n/a |
Asst. City
Manager: |
n/a |
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Budget: |
n/a |
City Manager: |
Allen Bogard |
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Budget |
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Expenditure
Required: $ |
n/a |
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Amount
Budgeted/Reallocation: $ |
n/a |
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Additional
Appropriation: $ |
n/a |
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Recommended
Action |
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Receive workshop presentation and provide feedback. |
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Executive Summary |
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This workshop is being held to give Council an overview of a proposed City-initiated amendment to Chapter Two (Zoning), Article II of the Development Code. The amendment is to allow SIC Code Major Group 45 (Fabricated Metal Products) No. 3469 (Metal Stampings) manufacturing within the Restricted Industrial (M-1) District under specific conditions. In 2006, the Tramontina USA corporation, (cookware manufacturing), which has their US corporate headquarters and warehousing / distribution centers located in Sugar Land, requested that the City examine current zoning codes regarding cookware manufacturing. The company is interested in locating a new metal stamping and pressing facility for the production of pots, pans, and related cookware within the Sugar Land Business Park, which is zoned M-1. Currently, the only district that allows SIC Code No. 3469 uses is the General Industrial (M-2) District, which allows “heavy industrial” type uses. The City of Sugar Land’s Comprehensive Plan states that additional heavy industrial uses would not be supported as a general rule. The process of metal stamping and pressing is more
typical of “light industrial” uses and does not involve metal smelting /
furnaces. The base material that is
used in cookware manufacturing from companies such as Tramontina This item was reviewed by the Planning and Zoning Commission in workshop format in November of 2006, and a Public Hearing was held on December 12, 2006 where Tramontina-USA spoke in favor of the amendment. These meetings resulted in detailed feedback and discussion from the Commission, and further staff research and analysis. Following that additional work, the Commission gave a unanimous recommendation for approval at the January 9, 2007 meeting. The Commission supported specific conditions recommended by staff on this type of use (performance zoning) to mitigate any land use concerns including a 500’ buffer from residential districts and a maximum noise limit of 70 decibels. Detailed information is attached for reference. Regina Morales, Director of Economic Development rmorales@sugarlandtx.gov File No. 7088 |
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Exhibits |
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SUPPLEMENTAL INFORMATION:
Planning and
Zoning Commission Actions:
The Planning and Zoning Commission provided input on this
item during workshop format on November 14, 2006. Key aspects discussed were:
- Overview
of uses, including business operations questions regarding stamping and
finishing
- Comparison
examples of other cities zoning requirements and the proposed use
- Type
of buffer that might be appropriate between residential districts and
proposed use
- Request
for an example of the type of exterior look (venting / air stacks) that a
modern cookware-related metal stamping and finishing plant
- Research
into any adverse effects on finishing (painting and non-stick type
coatings)
- SIC
Code List under 3469
Following additional
staff research, a Public Hearing was held on December 12, 2006 on the proposed
amendment, and the Planning Department presented updated information regarding
prior questions. That included a two-fold
approach to mitigation of impacts with a buffer distance and noise level
standards to more effectively address possible issues. The Commission discussed the possibility of
whether the 500’ buffer could apply from residential uses (in addition to
residential zoning district boundaries) to cover ETJ areas and areas outside
the City jurisdiction. The Commission
also indicated that the mitigation measures proposed should allow the full list
of uses under SIC Code No. 3469 to be considered without narrowing the list. Due to the question posed at the Public
Hearing meeting, staff requested that the Commission make a recommendation on
the following policy question regarding measurement of the 500’ buffer area:
·
Measure
500’ from properties used for “Residential Uses”
Or
·
Measure
500’ from the boundary of a “Residential Zoning District”
Measurements from
residential zoning district boundaries contain the buffer area within the
corporate limits, while 500’ from residential uses would limit M-1 uses from
both residential properties within the ETJ as well as other city
jurisdictions. Following additional
discussion, the Commission recommended that the measurement use the
“Residential District” criteria based on the corporate limits. Proposed ordinance language will allow metal
stamping within the M-1 district with the conditions of 500’ buffer distance
from residential district boundaries and a decibel level at the site property
line of not greater than 70 decibels. If
proposed closer than 500’ to a residential district, a CUP would be required to
allow for further examination of the proposal and any mitigation measures that
might be appropriate.
ANALYSIS INFORMATION:
Performance
Zoning Measures:
M-1 regulations that limit environmental impacts that a business might
generate:
Chapter Two, Art.
II, Sec. 2-151 (f) Environmental.
(1) No
use may generate any ground-transmitted vibration in excess of one-tenth (.10)
inch per second measured at the Lot Line, or in excess of two-hundredths (.02)
inch per second measured at any residential
(2) Heat
from furnaces, processing equipment, or other devices must be contained so that
the temperature of air or materials is raised no more than five degrees
Fahrenheit as measured at all Lot Lines.
(3) Odors
or fumes created by industrial processes must be contained so that no odors may
be sensed at the Lot Line which exceeds the lowest amount set forth in Table
III (Odor Thresholds) of Chapter 5, "Physiological Effects," of Air
Pollution Abatement Manual of the Manufacturing Chemists Association (latest
edition). For compounds not described in Table III, odor thresholds may be established
by methods indicated in Chapter 5 of the manual
The environmental
conditions previously stated relating to heat, fumes, odors, and vibration are
applicable to any business operating in the M-1 District. Protection from noise is not covered within
the environmental provisions within the Development Code and is discussed
further in the next section of the report.
Comparison of
Zoning Codes for Neighboring Cities:
As requested by
the Commission, staff examined two adjacent cities with zoning ordinance
requirements. Staff examined the zoning
ordinances of the City of
City of
Missouri City- The type of
uses described in SIC Code No. 3469 are allowed within the industrial business
park zone in Missouri City and the standard industrial zone. The zoning ordinance contains specific
performance zoning measures that require any business that operates to ensure
that there is no negative impact with regard to smoke, dust, ash, heat, glare,
vibration at the property lines of the business. Noise standards require that in no case can
noise levels exceed 70 decibels at any point along the property lines of the
industrial business. No outdoor display
of materials or merchandise is allowed, and setbacks of at least 30 feet are
required from the property lines.
City of
Stafford- Although zoning was not in place until 1997,
the City of Stafford presently has specific requirements including performance
standards for industrial uses within the corporate limits. The uses under SIC Code No. 3469 are allowed
within the commercial and technology district (similar to Missouri City industrial business park). Items such as vibration, smoke, heat, glare
and noise are addressed in the performance standards. Specific standards require noise levels not to
exceed 62 decibels at any point along the property lines of the industrial business.
Additional
Examination of Buffer and Noise Mitigation:
Based on
discussions and feedback at the Commission meetings and additional staff
research, we are suggesting that a two-pronged approach be used to ensure
mitigation of any impacts and to provide appropriate safeguards to the public
in order to site a metal stamping facility in M-1. This approach is as follows and is further
detailed in the next sections:
·
Maximum
noise level at property line of a site with proposed use not greater than 70 Decibels
and
·
Buffer
distance of 500’ from facility where use occurs to nearest residential zoning
district
Noise Level-
Staff has further
examined both the issue of a buffering distance as well as the subject of noise
mitigation. One of the key reasons for a
buffer distance is to minimize noise impacts to residential districts. However, our research has indicated that
there needs to be a focus on specific noise level maximums rather than distance
only as a buffer. One of the ways that
the M-1 District provides protection to neighboring zoning districts and
adjacent properties is that “All business activities must be conducted
within a fully enclosed building” (Ch. Two, Art. II, Sec. 2-151 (e). This serves to minimize noise impacts to a
large extent. The current noise
requirements for the City are primarily focused on noise impacting residential
areas from radio, stereo, speaker systems, and outdoor playground facilities
(Code of Ordinances, Ch. III, Art. VI) rather than industrial uses. It is helpful to examine standard noise
measurement comparisons to better understand noise levels. The following information is taken from The
Practice of Local Government Planning (2000) (p. 105) and is based on a
decibel scale weighted to the hearing range of the human ear.
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Sound
Environment: |
(Decibels) |
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Threshold of
Hearing |
0 |
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Broadcast studio
interior |
10 |
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Quiet house
interior |
20 |
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Quiet office
interior |
30 |
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Quiet rural area |
40 |
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Quiet suburban
area |
50 |
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Office interior |
60 |
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Human voice at 10 feet |
70 |
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Passing car at
10 feet |
80 |
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Passing bus or
truck at 10 feet |
90 |
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Passing subway
train at 10 feet |
100 |
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Nightclub with
band playing |
110 |
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Threshold of
pain |
120 |
As the Planning
Department examined performance zoning research for noise mitigation, 70
decibels was a common reference to the maximum noise allowed adjacent to
residential areas. The City of Missouri
City performance standard maximum for the industrial business park district is
not to exceed 70 decibels at the property line of an industrial site. The City of Stafford performance standard for
the industrial and technology district is not to exceed 62 decibels at the
property line of the industrial site.
Currently the City of Sugar Land does not have performance standards for
noise in the M-1 or M-2 Districts other than indirect requirements for
vibration maximums. The staff work on
this amendment has revealed that further examination of future noise-related
performance standards for the industrial and commercial districts in the City
of Sugar Land may be appropriate. Staff
proposes that a noise level maximum of not greater than 70 decibels at the
industrial site property line is an appropriate minimum standard for this type
of manufacturing use.
Buffer
Distance-
The 500’ distance
plays an important role in the Development Code regulations in Chapter Two,
Article II that establishes the “bulk plane” impact requirements from
commercial and industrial developments to residential districts. The requirements are triggered if the
proposed building is within 500’ of a residential district. When the Planning and Zoning Commission and
City Council examined the issue of a reasonable distance to trigger the bulk
plane requirements, 500’ was ultimately determined to be the most
appropriate. This is also the same
distance as the minimum length of a residential block of lots in a
subdivision. Distance as a buffering tool
is found to be a standard planning principle which is further supported by
Planning Advisory Service (PAS) studies by the American Planning Association,
and many zoning ordinances throughout the United States. An example of sound impact in a standard calculation
is illustrated below, which references listening distance at standard setback
of 25’ vs. 500’ setback (buffer):
·
Standard
buffer setback for M-1 industrial building from residential district = 25’
·
Noise
occurring at distance of 25’ is reduced by approximately 26 decibels at a
distance of 500’
When applying the
70 decibels previously discussed to the 500’ buffer as proposed, a drop to
approximately 44 decibels can be expected at the residential district. Therefore, a buffer distance of 500’ from an
industrial building (conducting metal stamping / finishing) in M-1 to a
residential district with the specific sound provision of 70 decibels at the
industrial site property line provides additional protection. Since equipment and business activities are
required to be located in a fully enclosed building in M-1, no decibels are
anticipated to reach 70 at the property line. However, the combination of buffering
and maximum noise standards provide a strong safeguard for the proposed
use and are in line with standards used by adjacent municipalities.
Type of Metal Stamping Uses:
Standard Industrial Classification Manual: SIC
Code No. 3469 Metal Stampings, Not Elsewhere Classified
“Establishments primarily engaged in manufacturing
metal stampings and spun products, not elsewhere classified, including
porcelain enameled products. Products of
this industry include household appliance housings and parts; cooking and
kitchen utensils, and other non-automotive stampings.”
Appliance
parts, porcelain enameled
Ashcans,
stamped and pressed metal
Ashtrays,
stamped metal
Automobile
license tags, stamped metal
Bottle
openers, stamped metal
Capacitor
and condenser cans and cases, stamped metal
Cash
and stamp boxes: stamped metal
Chassis,
radio and TV: stamped metal
Cookers,
pressure: stamped metal
Cooking
ware, porcelain enameled
Electronic
enclosures: stamped or pressed
Fins,
tube: stamped metal
Floor
tile: stamped metal
Furniture
components, porcelain enameled
Garbage
cans: stamped and pressed metal
Helmets,
steel
Honeycombed
metal
Household
utensils: stamped and pressed metal
Housings
for business machines: stamped metal
Ice
cream dippers
Ironer
parts: porcelain enameled
Kitchen
utensils: porcelain
Kitchen
utensils: stamped and pressed metal
Lunch
boxes, stamped metal
Machine
parts, stamped and pressed metal
Mailboxes,
except collection boxes
Pails,
stamped and pressed metal: except tinned
and shipping type
Pans,
stamped and pressed metal: except tinned
Patterns
on metal
Perforated
metal, stamped
Perforating
on light metal
Rigidizing
metal
Spinning
metal, for the trade
Stamping
metal ,for the trade
Store
fronts, porcelain enameled
Stove
parts, porcelain enameled
Table
tops, porcelain enameled
Teakettles,
except electric: stamped metal
Toolboxes: stamped metal
Utensils,
metal, except cast: household,
commercial, and hospital
Utensils,
porcelain enameled: household,
commercial, and hospital
Wahsing
machine parts, porcelain enameled
Wastebaskets,
stamped metal
Example
Rendering of Metal Stamping / Finishing Type Manufacturer:
During the
Commission workshop meeting, questions were raised as to the type of appearance
that a typical modern metal stamping and finishing plant would have. The Manitowoc, Wisconsin plant currently
operated by Tramontina-USA was constructed in the early 1950’s and was used by
previous cookware companies. As a
result, the exterior appearance is not necessarily representative of a 21st
century operation. Tramontina-USA
provided a graphic at the December 12, 2006 meeting showing a rendering of a modern cookware fabrication
plant to illustrate exterior features prior to consideration and action of this
item.
It is important to
note that the City of Sugar Land Development Code has provisions for screening
of rooftop equipment and fans under Chapter Three. This is typically accomplished through
parapet screening walls. Although the
M-1 and M-2 Districts do not have City building finish standards, Tramontina
has indicated that tilt-wall construction is typical of these types of
operations, and would be used in any plant construction. Tilt-wall construction is typical of the
current construction projects within the Sugar Land Business Park.
Research on Environmental Effects for Metal Finishing:
Staff examined the Texas regulations for this type of SIC Code category. The Texas Commission on Environmental Quality (TCEQ) regulates these types of uses as to operations and any venting. We have not found that the proposed use would be out of character with the environmental regulations found in the Development Code or the TCEQ.
POINTS FOR CONSIDERATION:
The following
items are being recommended for consideration for the proposed use of metal
stamping and finishing under SIC Code No. 3469 within the M-1 District:
·
Mitigation
measures proposed should provide safeguards to allow the full range of uses
under SIC Code No. 3469 for M-1
·
Minimum
distance of at least 500’ from proposed metal stamping / finishing industrial
building to nearest residential zoning district. CUP required if within 500’ of a residential
district.
·
Noise
level not greater than 70 Decibels at property line of the metal stamping /
finishing site
Draft ordinance:
ORDINANCE NO. ****
AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, AMENDING CHAPTER 2 OF THE SUGAR LAND DEVELOPMENT CODE BY AMENDING THE LAND USE MATRIX TO ADD METAL STAMPINGS AS AN APPROVED USE IN THE RESTRICTED INDUSTRIAL (M-1) ZONING DISTRICTS.
WHEREAS, the Planning and Zoning Commission has recommended that the City’s zoning regulations be amended to allow metal stampings as an approved use in a Restricted Industrial (M-1) zoning district; and
WHEREAS, the City Council has held a public hearing on the proposed amendment for which notice was published at least fifteen days prior to the hearing date; NOW, THEREFORE;
BE
IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF SUGAR LAND, TEXAS:
Section 1. That the Land Use Matrix, as adopted by paragraph (d) of section 2-55 of the Sugar Land Development Code is amended to show Metal Stampings, Not Elsewhere Classified (SIC No. 3469) as an allowed use in the Restricted Industrial (M-1) zoning districts as shown in attached Exhibit A.
APPROVED on first consideration on ___________________.
ADOPTED upon second consideration on ________________.
_________________________
David G. Wallace, Mayor
ATTEST:
___________________________
Glenda Gundermann, City Secretary
Reviewed for legal compliance:
Attachment: Exhibit A - Land Use Matrix (Page 2:21)
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SIC |
SIC
NO. |
PERMITTED AND
CONDITIONALUSES BY ZONING DISTRICT |
ZONING DISTRICTS |
NOTES |
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DESCRIPTION
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R-E |
R-1R |
R-1 |
R-1Z |
R-2 |
R-3 |
R-4 |
B-O |
B-1 |
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