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HomeMy WebLinkAboutPZ 2006-10-05 Minutes " MINUTES OF THE WORKSESSION MEETING OF THE PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICH LAND HILLS, TEXAS OCTOBER 5, 2006 1. CALL TO ORDER The meeting was called to order by Chairman Randy Shiflet at 6:00 p.m. 2. ROLL CALL Ex Officio Randy Shiflet Don Bowen Mike Benton Bill Schopper Steven Cooper Brenda Cole (arrived at 6:19 pm) Mark Haynes Kelly Gent PRESENT Chairman Secretary CITY STAFF Dir. of Planning & Development John Pitstick Chief Planner Eric Wilhite Recording Secretary Dianna Buchanan 3. CONSIDERATION OF MINUTES FROM THE SEPTEMBER 7, 2006 MEETING APPROVED Bill Schopper, seconded by Don Bowen, motioned to approve the minutes of September 7,2006. The motion carried 6-0. Ms. Cole was absent. 4. CONSIDERATION OF MINUTES FROM THE SEPTEMBER 21,2006 MEETING APPROVED Bill Schopper, seconded by Mark Haynes, motioned to approve the minutes of September 21, 2006. The motion carried 5-0 with Mr. Cooper abstaining. Ms. Cole was absent. Page 1 of 7; 10/5106 P & Z Minutes 5. GENERAL DISCUSSION OF FORMAL MEETING PROCEDURES FOR CASES BEFORE THE PLANNING & ZONING COMMISSION. Eric Wilhite, Chief Planner, explained that the City Manager and staff have discussed the procedures of Public Hearings and specifically the sequence of things that happen during Public Hearings, especially during presentations in public meetings. When a case is presented to the Planning & Zoning Commission, usually Planning & Zoning staff will give an overview of the subject item, and then the applicant is asked to come up. At City Council meetings, it is the opposite of that-the applicant comes up first and presents their case and then staff comes, up. Staffs concern is that the applicant should be the proponent or the one's selling or presenting the project or the request a lot more than is currently done. As the Commission has seen, at times staff does the presentation for a case and then the applicant comes up and says only, "Here's who I am, if you have any questions. . .", and then they sit down and do not do any type of presentation. The City Manager wants the opportunity for the applicant to be the primary presenter on each case and then for staff to present what other information is needed. This will keep Planning & Zoning Commission presentations consistent with presentations made to the City Council. Staff believes that this will help the applicants more because staff will have to remind them by telephone that a representative needs to be at Planning & Zoning Commission meetings. Not only that, but staff will develop four or five key questions that will be given to the Chairman of P&Z and the Mayor to ask in the event that the applicant representative is not forthright. Then inforrnation can be drawn from the representative. Prior to the meeting, staff will do what we can to educate the applicant that they will be expected to make an informative presentation. The applicant needs to come up and present their case, state that they are the ones requesting the proposed case, that they are the ones seeking action. Staff review of the case is done before the meeting and of course staff will come up after the applicant and advise if approval or denial is recommended. City management believes that staff should not make approval or denial recommendations prior to the applicant's presentation as this may create pre-cast bias. With the applicant presenting first and giving their presentation stating their reasons and justifications behind why they are making their request, the applicant has a better opportunity to address the Commission and any interested citi;zens or groups. Bill Schopper asked if there would be a time limitation set for applicants as part of the education process. Chairman Shiflet said it usually works out without a time limitation and does not see a need to set one for Planning & Zoning Commission meetings. This allows for more of a forum of discussion. John Pitstick pointed out that some applicants will send a surveyor as their representative to Planning and Zoning hearings. The surveyor stands up and introduces himself, says he is here to answer the Commission's questions, and then sits down. There may be people in the audience that have questions, and this puts staff, Page 2 of 7; 10/5/06 P & Z Minutes Planning & Zoning Commission and City Council in the position to then answer the questions when indeed it should be the applicant's representative. The Chair and Mayor will be making sure that the applicants cover the obvious points of their case. Then after that it is up to the Commission how speakers are regulated. Chairman Shiflet agrees, that there are cases where the surveyor or representative of applicant stands up, introduces himself, says he is here to answer questions, sits down, and then there are citizens that have not ever been to a meeting before that do not know what procedures are to get their questions answered. John Pitstick stated that staff really has no preference as to when staff presentation is made, but for consistency and to educate the applicant, we are suggesting that the applicant gets up first at P&Z, which is kind of his training ground. Then the applicant will get up first at City Council, so the Commission and Council have the opportunity to question the applicant as to what the case is about, why is it needed, what is the reason behind this. What is happening now in some cases is that applicants come to meetings and are not prepared to answer questions and so citizens do not have answers as to what is being proposed. Staff is now being the advocate for the applicants, and we don't mind that, but the applicant should be responsible for making their case. Bill Schopper said he agrees with Chairman Shiflet that the chairman can control presentations if going off of subject. He thinks applicants should be educated as to what is expected to be addressed and what is not to be addressed during their presentation. The audience can get the applicant sidetracked easily without established guidelines. Eric Wilhite said time limitations can be set for each presenter or speakers as long as it is announced up front at each meeting. If a case has a lot of public input, then the Chair could announce time limits before the input is given. Or, if a neighborhood group wants to give input, perhaps they can appoint one spokesperson from their group to speak and we would read all of their names into the record. The applicant should cover the location plan graph, and provide more specific information about their request such as why they think it is good for the City to be able to do this particular zoning change. Staff will educate applicant's surveyors or whoever they are sending to be their representative to meetings that they will be expected to present this type of information. Chairman Shiflet asked if there is a consensus to support these changes. All members indicated yes. Page 3 of 7; 10/5/06 P & Z Minutes 6. GENERAL DISCUSSION OF CITY OF NORTH RICHLAND HILLS CODE OF ORDINANCES TABLE OF PERMITTED LAND USES, SECTION 118-631 John Pitstick stated this is the third or fourth meeting and the final work session for the Table of Permitted Land Uses. Staff would like to go on to advertise this for October 19, 2006, for a formal Public Hearing for the Permitted Use Tables and then bring this forward to the Council at the November 13, 2006, City Council meeting. Final changes need to be made. The one big change made since the last discussion on this, is that staff has eliminated the Site Plan. There was so much confusion about the administerial functions of site plans that we have done away with it. Staff feels like that by changing the conditional SUPs and we will get SUPs where we need them so the Site Plans will just fall out. Applicants will still meet all of our guidelines. That will make the process a lot easier. Staff recommends eliminating 118:242-Conditional SUP and 118:393; and changing 118:631. Site Plans would go to P&Z and Council if it falls within 200 foot. So every case received will be either a zoning case, a Special Use Permit, or a plat. The other thing is the definition for pet daycare has been added. Staff has added a section under Special Personal Service Shop. These are the areas that staff has tried to isolate the tattoo parlors, psychic readers, etc. Also added is "or permanent cosmetics as part of a beauty salon". So this is the latest thing. Some salons have massage therapists, etc. but they also have permanent tattooing on lips, brows. Tattooing will have to be done as part of a beauty salon, and as permanent cosmetics. Eric Wilhite said there is a State permit for permanent cosmetics and/or tattooing. There are four or five different categories. John Pitstick said the city attorney advises that a salon can go in and offer permanent cosmetics and not be a tattoo parlor. Those are the two biggest changes. On outdoor commercial district, I am concerned about it being right next to NRH20 and Mountasia and we certainly don't want to open it up for some uses we don't want to have. On page 15, Retail Service Uses, there is "Sales and Service of Heavy Equipment" and it is allowed as a SUP in the outdoor commercial district. Do we want to allow that? Then on page 17, Wholesale Greenhouse or Plant Nursery, some of those can get equipment everywhere, mound up dirt and fertilizer, etc. Not retail, but wholesale, and right now it is a permitted use. A garden center or feed/seed store are fine, but a full blown wholesale plant nursery and greenhouse, some of those can be messy. Those are both in the outdoor commercial district and I recommend they be eliminated or change that somehow. Chairman Shiflet asked Mr. Schopper what his thought is on the greenhouse or plant wholesale in industrial allowing the use permitted or SUP? Mr. Schopper said the retail is the key. If you look at the section of Smithfield Road there that is Industrial by the fence wholesale place and the fixture guy-Rack Page 4 of 7; 10/5/06 P & Z Minutes Warehouse and all of that stuff in there. That is what wholesale is, but that is in Industrial zoning. It is off the main highway. If we had a big wholesale like In Bloom up on William Tate, that has always been a lot of wholesale up there but it also has retail. Where you found those is like up in Southlake and Colleyville along Glade until stuff filled in and then they went away. Eric Wilhite said Plant Shed and Mike's Garden Center they have a phenomenal looking retail operation. They do wholesale too. Chairman Shiflet pointed out that Tropical Greenery on Boulevard 26 is the same way. Eric Wilhite said staff has told people that the storefront type of garden center that is primarily-you are not going to have all of the nursery stock like you to on Boulevard 26 next to the driving range where they just have plant stock containered trees. John Pitstick said it may be a mute point but allowing it as a permitted use in outdoor commercial, I am not sure we want to see one of those right next to Mountasia, the wholesale, the retail is fine. Can we put a S instead of a P there so we can at least look at it then under the outdoor commercial greenhouse wholesale? Chairman Shiflet said the S under outdoor commercial is perfectly appropriate and then either S or P under the Industrial as well. I don't know whether it should be an S or P. Do we want to go four S's across there. John Pitstick that it will be S, S, S, S starting in HC, OC, 1-1 and 1-2. Chairman Shiflet said back on page 15, Sales and Service of Heavy Equipment, any thoughts on that. Bill Schopper said he would like to see that on the freeway for like Darr Equipment or something like that. Eric Wilhite said like Case Equipment by Showplace Lanes. Now technically we can say all outdoor storage has to be screened from any thoroughfare with a 6 to 8 foot high fence and cannot stack higher than the screening wall. So you have to rely on the elevation of the highway in order to be able to see all of it. So they could not have stuff stacked up high. Bill Schopper said you can look at United Rentals like the one on Hwy. 377 in Keller. That is not a bad looking facility. That is a main road. That is a nice business. John Pitstick said he thinks we just need to get it out of the outdoor commercial and move it to heavy commercial or up to light industrial. Page 5 of 7; 10/5106 P & Z Minutes · Eric Wilhite said moving to commercial with a Special Use Permit would require them to landscape a little more so to soften it. John Pitstick said on the highway we do have some heavy commercial areas. Chairman Shiflett asked if the recommendation is an "S" under Heavy Commercial and eliminating the liS" under Outdoor. John Pitstick said outdoor commercial is really outdoor entertainment. So bowling lanes, driving ranges, country clubs, tennis clubs, that outdoor entertainment related stuff and get away from the heavier type of uses-car lots and stuff like that may not be appropriate. Chairman Shiflett asked if that is agreeable to everyone to move the "S" over. Consensus is yes. Has there been any discussion to change label of outdoor commercial to outdoor entertainment? That is what the focus has been every time we have talked about this. Why don't we call it what it is? Eric Wilhite said then the district definitions would have to be updated. John Pitstick said the second page of the memorandum says "specifying outdoor commercial use to allow and encourage outdoor entertainment uses. Staff is recommending that some of the land use eliminate We are proposing to remove certain automotives in as much Add uses such as miniature golf course, health studios, recreation centers, swim and tennis clubs, restaurants and cafeterias, garden centers, feed stores, bowling alleys, golf courses, movie theaters, country clubs, roller and ice skating rinks. That is what we are looking at-things that would be compatible with Mountasia and NRH20. Ms. Cole said that the argument for making it commercial entertainment usage changes the meaning, well outdoor entertainment-what if it is indoors? Bill Schopper said we are looking for something like a Mountasia, a park-type feel, a ball park. Eric Wilhite said we then need to go through and look at the rest-assisted living centers are permitted in outdoor commercial with a special use permit. Bill Schopper asked if it could be made heavy commercial or regular commercial with a special use permit? John Pitstick said the problem is that there are required public hearings, change the zoning map, etc. We have existing zoning that we can change the allowed uses in the zoning. Page 6 of 7; 10/5/06 P & Z Minutes . . Eric Wilhite said you run the risk if you change any identification things on the Land Use Table you would have to change the Zoning Map too. The Zoning Map specifically identifies Outdoor Commercial by definition. Bill Schopper asked if that is the only area it is along Boulevard 26? John Pitstick said there is a little area by Iron Horse, but it is not wide enough to do anything on. It is adjacent to Iron Horse Golf Course. Eric brings up a good point that if we change the name of the district we may be getting into legally changing many other things. Eric Wilhite said any changes particular Land Use Table, you have to change it in the section that identifies that has CS, HC, OC in it. Then we would have to go back and change the zoning map where the terms are identified and make the changes. Chairman Shiflet stated that we are not making the name change at this time. This was the consensus. He asked if there are any other changes. The first draft he had was in April. Eric Wilhite said City Council was alright with us saying 5 acre minimum lot areas for new and used auto dealerships and then let internet sales have less than 5 acre location with no outside display or storage. John Pitstick wants to make sure everyone understands that on Page 12, Alcohol Sales, we listed all the other uses, but the City Attorney said a good example is a restaurant. The restaurant is a restaurant and happen to sell beer or wine, that is a secondary use to the restaurant. The primary use is restaurant so if the restaurant is allowed in the district, they are allowed. The threshold is 75% or more of revenue from alcohol. That is where SUP falls in C2 to HC in the OC. So we have cleaned that up so it is easier to understand. Chairman Shiflet asked for questions or comments. There were none. 7. ADJOURNMENT The chairman adjourned the meeting at 6:49 p.m. Chairman Secretary ~C-~ Randy Shiflet Page 7 of 7; 10/5/06 P & Z Minutes