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HomeMy WebLinkAboutPZ 2009-08-20 MinutesMINUTES OF THE MEETING OF THE PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS AUGUST 20, 2009 1. CALL TO ORDER The meeting was called to order by Randy Shiflet at 7:00 p.m. 2. ROLL CALL PRESENT Chairman Randy Shiflet Vice-Chairman Bill Schopper Secretary Don Bowen Steven Cooper Mike Benton Mark Haynes ABSENT Ex-Officio Kathy Luppy Dianna Madar CITY STAFF Chief Planner Eric Wilhite Asst. Planner Chad VanSteenberg Civil Engineer Caroline Waggoner Recording Secretary Tanya Hope 3. PLEDGE OF ALLEGIANCE Bill Schopper led the pledge of allegiance. 4. AP 2009-01 Consideration of a Request from JB & JB Development, FLP to Approve an Amended Plat of 32 Lots in the Woodland Estates South Addition (Located in the 9200 Block of Martin Drive - 9.016 acres.) Charles Schultz, 1615 Precinct Line Road, Hurst, Texas came forward representing Long and Associates. Mr. Schultz stated that the purpose of the plat is to add easements for Oncor, the screening wall along Martin Dr, and a drainage easement at the north end where a storm drain was installed to serve the Shady Grove Baptist Church property. Eric Wilhite came forward and reiterated what Mr. Schultz stated. Mr. Wilhite stated that this is a straight forward amended plat for the purpose of adding easements for Oncor. Page 1 of 6 08-20-09 P & Z Minutes The plat is consistent with the previously approved final plat that went through City Council. Also included on the amended plat is a note that is visible on the lower right that delineates the purpose for the amended plat. This will make it easier in the future for someone to recognize why the amended plat was done. The amended plat meets all the amended plat subdivision rules and regulations and Staff recommends approval. Don Bowen seconded by Mike Benton, motioned to approve AP 2009-01. The motion was carried unanimously (6-0). 5. ZC 2009-04 Public Hearing and Consideration of a Request from Joe Gray for a Zoning Change from R-2 Single Family to R-1-S Special Single Family on Tracts 3W, 3W1, and 3U1, Abstract 1055 (Located at 9216 Amundson Drive -10.03 acres.) Joe Gray, 9216 Amundson Drive, North Richland Hills, Texas came forward as the applicant. Mr. Gray stated that they are requesting a zoning change because he and his family would like to move a stone barn from Joe Bill Fox's property to their property. Mr. Fox's property has been purchased and is to be developed by Cary Clarke. Mr. Gray stated that his family felt that it would be sad if this stone barn which is over a hundred years old was just to be torn down. Mr. Gray asked Mr. Clarke if it would be possible to purchase the building and move it to his property. Mr. Gray stated that he spoke with Mr. Wilhite to inquire what needed to be done in order to put the building on his property. Mr. Wilhite informed Mr. Gray that due to some recent Ordinance changes the property would need to be rezoned because the Ordinance only allows for a five hundred square foot structure as the property is zoned currently. The building is an approximately thirty by forty square foot structure. Mr. Gray stated that once the zoning is accepted that they will tear the stone barn down and move it stone by stone to their property and erect it there. Mr. Wilhite came forward and stated this is a zoning request for a ten acre tract that is currently zoned R-2. The request is to change the zoning from R-2 to R-1-S. The purpose of the zoning request is to allow Mr. Gray to be able to move the stone barn structure onto the property. The zoning request will also bring the property into conformance with current ordinances relating to livestock since they do have horses on the property. Typically horses and livestock are not allowed in R-2 zoning. Because the property is over ten acres and a large parcel the appropriate zoning classification would be R-1-S. The Development Review Committee has reviewed the zoning change request and it is consistent with the Comprehensive Land Use Plan that identifies this area for low density residential and Staff recommends approval. Page 2 of 6 08-20-09 P & Z Minutes Mark Haynes seconded by Bill Schopper motioned to approve ZC 2009-04. The motion was carried unanimously (6-0). 6. PP 2009-03 Consideration of a Request from Joe Gray to Approve a Preliminary Plat of Lot 2, Block 1, Majestic Meadows Addition (Located at 9216 Amundson Dr. - 10.03 acres.) Joe Gray, 9216 Amundson Drive, North Richland Hills, Texas came forward as the applicant. Mr. Gray stated that he was disappointed that he had to do all the surveying and platting and that it's a shame that there has to be three separate votes for each case however it's the only way that Mr. Gray will be able to get the barn moved over to his property and constructed. Mr. Wilhite stated that the preliminary plat and the final plat to follow are both on the same tract of land as the zoning. Current regulations require that in order to get a building permit your property has to be platted. When Mr. Gray platted off the property for his daughter's lot, the remaining property was not platted. Mr. Wilhite stated that on the final plat there is some rough proportionality determination that the City Engineer has come up with regarding the right of way, curb and gutter, and sidewalk improvement in the amount of $13,002.90. Mr. Gray, Public Works, and the City Attorney are working out a lien agreement to cover the costs for the funds to be there at the time the improvements take place on Amundson. Mr. Wilhite stated both the preliminary and final plats meet the subdivision rules and regulations and the Development Review Committee does recommend approval. Steven Cooper seconded by Mike Benton motioned to approve PP 2009-03. The motion was carried unanimously (6-0). 7. FP 2009-03 Consideration of a Request from Joe Gray to Approve a Final Plat of Lot 2, Block 1, Majestic Meadows Addition (Located at 9216 Amundson Dr. -10.03 acres.) Mr. Gray had previously discussed his zoning case and preliminary plat case therefore Chairman Shiflet allowed a motion on the final plat case without discussion by the applicant. Bill Schopper seconded by Don Bowen motioned to approve FP 2009-03. The motion was carried unanimously (6-0). Page 3 of 6 08-20-09 P & Z Minutes 8. TR 2009-04 Public Hearing and Consideration of amendments to the North Richland Hills Zoning Ordinance. Proposed amendments include updates to Section 118-631 Table of permitted uses, Section 118-711 Alcoholic beverages, Section 118-714 Visibility sight triangles, Section 118-718 Accessory buildings and structures, and replacing the visibility triangle illustration in Article IX of Chapter 118. Mr. Wilhite presented an illustration of what the Permitted Land Use Table looks like within Chapter 118 of the Code of Ordinances. Mr. Wilhite explained that City Staff is asking to add some land uses that they have had inquiries about and also add some other zoning districts for these types of land uses be permitted with a Special Use Permit. Section 118-631 The following new uses are permitted in Heavy Commercial, I-1 Light Industrial, and I-2 Heavy Industrial districts with a Special Use Permit: • Indoor shooting range • Motorcycle sales • Auto laundry /car wash Adding a requirement for a Special Use Permit for existing Heavy commercial for: • Moving or Storage Company Mr. Wilhite stated that City Staff have had some contact with some Social Service facilities with temporary lodging. They are currently permitted in some commercial type zoning but City Staff have been approached by some companies and institutions that would like to purchase some multi-family type units and provide temporary lodging. City Staff suggest that it may be permitted and a decent use in the R7-MF with a Special Use Permit so that it can be evaluated further for each additional case. Section 118-711 Alcoholic Beverages The zoning ordinance currently has a provision that deals with establishments which derive more than 75 percent of their revenue from alcoholic beverages for on-premise consumption. It states that such establishments shall be allowed in the city only with a Special Use Permit and in certain zoning districts. The proposed amendment will add existing and new zoning districts that are applicable to the section including Town Center and the new Transit Oriented District zoning districts. The other zoning districts that are already included in this provision are C-2 Commercial, HC Heavy Commercial, and OC outdoor commercial zoning. Mr. Wilhite spoke on the generalities of the Alcoholic Beverage section of the Code of Ordinances within the new zoning districts. Page 4 of 6 08-20-09 P & Z Minutes Section 118-714 Visibility Sight Triangles Mr. Wilhite stated that this an issue that is dealt with quite frequently with Site Planning and Development type related issues. There was a sign ordinance amendment that reevaluated how the site visibility triangles were dealt with and designed; the geometry of them. The site visibility triangle design was also changed in the Public Works manual. There is a stand-alone section that deals with site visibility triangles that is not in the sign ordinance or the Public Works Design Manual for those that are only dealing with site plan revisions. The stand-alone section is not consistent with either the sign ordinance or the Public Works Design Manual. This amendment will clean up discrepancies that occurred when the visibility triangle provisions were amended in Section 106 "Signs" as well as creating constancy with references to such in the Public Works Design Manual. Mr. Wilhite presented an illustration of site visibility triangles which came from an appendix which included other illustrations showing typical examples of how you determine the front yard setbacks, side yard setbacks, etc. It is referenced in each section of the ordinance as to which appendix you would look at for illustrative examples. Section 118-718 Accessory Buildings and Structures Mr. Wilhite stated that this amendment will address carport regulations more specifically than did the previous regulation. The carport regulations currently specify that the roof pitch has to be 4:12. The regulations technically do not allow for any other creative type roof design such as a barrel vault. The intent of the original ordinance was so that the roof of the carport wasn't flat or almost flat. City Staff recommends that the 4:12 horizontal pitch standard which is typically found on residential and multi-family projects be amended to also allow something that can happen on a commercial application; something that is architecturally designed so is not to appear flat. This would avoid the flat roof but would allow them to do something more creative architecturally than a 4:12 pitch. Mr. Wilhite discussed carport support posts. He said that the current ordinance states that the posts must meet the masonry requirement of the zoning district. It had been discussed through the Development Review Committee that masonry is not always the best application, most aesthetically pleasing, and sometimes takes up more space than exists within the posts between the parking spaces. The Development Review Committee wanted to allow for some alternative architecturally enhanced materials. Mr. Wilhite gave an example of an architectural lamp post and the casement or sleeve that goes over it that has ornamental characteristics so to avoid having a standard tube steel post column. Mr. Wilhite stated that those are the recommended text revisions and ordinance amendments at this time and City Staff recommends approval. Mr. Benton asked if all the alcoholic beverage establishments would fall under a Special Use Permit? Page 5 of 6 08-20-09 P & Z Minutes Mr. Wilhite stated no and only if they serve more than seventy five percent. The current Permitted Land Use Table states that you can be twenty five, seventy five. Mr. Wilhite states that the City of North Richland Hills Ordinance follows the Texas State Code. Mr. Benton asked how closely it's monitored? Mr. Wilhite stated that alcohol sales are monitored pretty closely because there are a couple establishments within the community that have come in and their Certificate of Occupancy is for a sports bar and grill but over time they have become more of a bar. There is a provision in the Ordinance that says that the alcoholic beverage establishments have to provide their gross sales receipts from TABC to the City upon request. Mr. Wilhite stated if an alcoholic beverage establishment came in as a drinking establishment and got a Special Use Permit from the Planning and Zoning Commission and City Council and then started having problems the City could revoke their Special Use Permit and take their Certificate of Occupancy. There was general discussion on proximity to alcoholic beverage establishments to churches and schools. Mark Haynes seconded by Mike Benton motioned to approve TR 2009-04. The motion was carried unanimously (6-0). Chairman Shiflet stated that he had asked a question about the possibility of including the R-4 duplexes for the Social Service facility with temporary lodging and Mr. Shiflet decided to not go into further discussion on it. There was general discussion on duplexes and multi-family and the effects of influence on the neighborhood. Mr. Schopper asked if we were looking at night shelter type arrangements? Mr. Shiflet stated no. 9. ADJOURNMENT There being no other business, the meeting adjourned at 7:28 p.m. Chairman ~G~ Randy Shiflet Secretary ~l upon Bowen Page 6 of 6 08-20-09 P & Z Minutes