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HomeMy WebLinkAboutPZ 2010-02-18 Minutes:.::MINUTES OF THE MEETING OF THE PLANNING 8 ZONING'COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS ` FEBRUARY 18, 2010 1. CALL TO ORDER The meeting was called to order by Bill Schopper'at 7:07 p.m. ~. ROLL CALL PRESENT Vice=Chairman Bitl Schopper Secretary Don Bowen .Mark Haynes Mike Benton Steven'Cooper Dianna Madar ABSENT Chairman Randy Shiflet Ex-Officio -Kathy Luppy CITY STAFF Chief Planner Eric Wilhite'- Assistanf Planner Chad VanSteenberg Assist: Dir. 'Public Works Greg VanNeiuwenhuize Recording Secretary ;Gina Pastre ' 3. PLEDGE OF ALLEGIANCE Dianna Madar led the pledge of allegiance 4. Approval of Minutes from the January 21,2010 Planning`8 Zoning Commission Meeting. Mark Haynes, seconded by Mike $enton °, motioned to approve the minutes of the January 21, 2010'meeting. The motion was carried unanimously (6-0). Page 1 of 7 02/18/10 P & Z Minutes . h 5.- ZC 20'10-01 Public Hearing and Consideration of a'Request from Robert and Karah Nordyke for a Zoning Change from R-3-Single F'am'ily to R-1-S-Special Single family for Tract 2G7, Abstract 953 (located at 6613 Harmonson Road- 1.25 acres.) Eric Wilhite said that this is a request for a zoning change from R-3 to R-1-S. It is located on this aerial in the red on Harmonson Rd. There are some' newer developments to the west of this project and a lot of the other vacant land and larger tracts on the right sitle are also R-S lots. This particular applicant is coming in requesting this property'be rezoned. it is "1.249 acres so it does meet the R-1-S acreage size and lot width requirements. It is an`unusual lot because it is not as wide compared to the depth. Although it does meet`the R-1-S requirements for acreages. The R-1-S zoning classification permits livestock. This is the intent of the request for the zoning change so #hey can have a horse on the property. If they are able to get the zoning change there are other parts of the ordinance that would control the livestock regulations as far as Chapter 14 in the Code of Ordinances that deals with animals and sanitation. It does Show an the Comprehensive L-and Use Plan that this area is for low density residential and R-1-S does meet that requirement. Staff has reviewed the request and recommends your approval Public Hearing opened 7:09 pm. Karah Nordyke, 6613 Harmonson Rd, North Richland Hills, TX 76180, came forward as applicant. She stated that they were trying to sell the property and the buyers wouldlike the zoning change o they can'have their horse on the property. Don Bowen asked if there were other properties in this area that had horses? Karah Nordyke said that she believed that there was anotherproperty down further on .:Harmonson away from Rufe Snow. She said that she`thinks that there are some on both sides of Harmonson: Don Bowen said that he wanted to make sure that this wasn't a unique situation. Bill Schopper asked if there was anyone else who wanted to speak in favor of the request. Daniel`t3ennett, 8116 Irish Circle, 1=ort`1North, TX'came forward to speak in favor of the zoning change request. Mr. 13ennett stated #hat he is the potential buyer for the property. He stated that he wanted to place one horse, possibly 2, depending on what ::Chapter 14 of the Code of Ordinances would allow. The only intention for the zoning change is to dace a couple of horses on the lot. a know that in Richland Hills acid Haltom City and the northeast side of North Richland Hills and Keller they all allow livestock on acreage that meets the guidelines. Page 2 of 7 02/18/10 P & Z Minutes Bill Schopper asked if there was going to be a house also or just have a horse on the property? Mr. Bennett said that there is an existing home on the property. Mike Benton asked if he was intending to build a stable in the back? Mr. Bennett stated that he did intend on building a run in which is just a covered area to start with depending on what regulations would allow and would look into building a stable at a later time. Don Bowen =asked staff if there was any type of regulation with R-1-S that required a minimum distance for residences that are set to the left? Eric Wilhite said that there are setback requirements in the Code of Ordinances and animal control regulates'the stable location for setbacks and those types of things. The City of North Richland'Hills doesn't have a specific control on the number of head of livestock :per acre like some municipalities. "So he could have`one ortwo horses but if he got in the excess of that or if there were complaints of any health related type issues with run off, flies, or sanitation they would have to be addressed through the Animal Control and Neighborhood .Services departments. This property currently isn't platted so at any time any additional structures would be'placed on it they would have to come back to plat the property in artier to get a building permit for current city codes. As of now they are'going to be using'the existing house on the property so there is nothing that triggers them at this point'in time to have to plat the property: Mike Benton asked, if besides the two horses, would any other type of livestock be allowed on the property? Eric Wilhite said that the livestock definition is pretty broad in our ordinance. They could get chickens or something like that. Typically people can't get roosters because they violate the noise ordinance. If .they want rabbits or swine that all falls in the classification of livestock. That goes'`back to the Chapter 1 ~4 the animal portion of the ordinance on sanitation. Bill Schopper asked if there was anyone wishing to speak against the zoning change? Shawna Houston, 3908 Lochridge Ct, North Richland Hills, TX 76180 came forward to speak against the zoning change. Ms. Houston stated`that her house backs up to the property in question. You can te11 from the aerial that our yards are not that big and so it would be infringing°on the`use and enjoyment of my property. The fences that the subdivision -put up are also` not equipped to`handle` large' animals. The horse could easily knock down the fence`jeopardizing the health and safety of my children and animals. There is'not enough room hack there for multiple horses. It is a long lot and it is not that wide and on the right side of that-lot is where it backs up to the storm drain. That would jeopardize he safety of the animal as well For the people that are currently living on Lochridge C;t and the safety of the animal I don't feel that this zoning change would be in the city's best interest. /Also Karah had stated that there were other horses Page 3 of 7 02J18/10 P & Z Minutes on ~Harmonson. -This is not correct. There are not any other horses. on Harmonson Drive in North Richland Hills or'in -that area. `Bill Schopper asked if there was anyone else wishing to speak against the zoning change? Cindy Thomas, 3912 Lochndge Ct, North Richland Hills, TX 76180 came forward to speak against the zoning change. She stated tha they have petitions that were signed by many of the neighbors against the zoning change: My concern `is that I have small grandchildren that live in my home'and they go out in the backyard to play. The fences: .are not good back there. This goes up Fight behind our property. There is no way we could sit outside and enjoy the outside on a -hot summer day with horses back there with the flies. This is a-$215,000 home that we bought and we saved for"this home but we did not want to have horses behind our home. We have offered to buy the property behind us and at one time Robert was willing to do that and sincethen has changed his mind. Many of the :neighbors on this side have offered to buy the property directly behind them. I do hope that you take that ihto consideration for the safety of my children and grandchildren. The lof is just too sma1L Steven Cooper asked about the fencing that is behind the homes. Ms Thomas said that it is just the standard picket fencing that was put in by the homebuilder. They are just not very good. 'This property backs up :directly behind our: :house.. There was a horse back there at :one time during a storm and the horse went crazy. 1 can't have that liability'of the :possibility of my grandchildren getting hurt. There are houses in Richland Hills that have those huge backyards that are over an acre that are very wide but this lot is very narrow. Don Bowen said that we might`menton that the petition has no affect on this body but I think that the Planning Department or City Secretarywill determine if it has any validity at the City. Council meeting. .:Eric Wilhite said that is correct. In Chapter a 18 in the zoning ordinance does allow for' petition of protest if they have 20 % of the affected property ,owners within the 200 foot notification area or within that subdivision sign that protest then `it does take a super majority at City Council to approve it.:The petition has rto affect on the Planning Zoning Commission. It will be passed on to City Council. Mike Benton ;asked about what would be :required as far as the fencing? Eric Wilhite said that he -isn't sure. I'rti sure that there is some kind of safety requirement hat the appiicant should adhere to i# they do get the zoning change and has an animal out there that where is the safety concern with`the wood stockade fences that are on the back of the single family homes. He would probablyhave #o put up some type of wire or fencing toprevent the livestock from being able to penetrate into he .wood fences. ,I'm not sure what our ordinances would be in the safety aspect of it Mike Benton asked if here is some-type of ah easement? d Page 4 of 7 02/18/10 P & Z Minutes Eric Wilhite said that the City of North Richland Hills would require them to fence to keep the horses out of the drainage easement. Bill Schopper asked if there was anyone else wishing to speak? Norma Height came forward to `speak in favor of the zoning change. She stated that she owns the store across the street at 6608 Harmonson Rd. We have had horses before on that property. The fence over there is 8 foot and we never had any problems or complaints at that time. 1 think there were horses towards he end of the street. Don Bowen stated'that she is correct,. there were horses at the corner of Dawn Dr and Harmonson Rd. Shawna Houston, 3908 Lochridge Ct., North Richland Hills, TX 76180, came forward and stated that the horses being on the property was prior to the subdivision being built. Prior to .the subdivision being built it was alt vacant and it was a different situation at that time: Bill Schopper asked if we could get any more information on the fencing? Daniel Bennett, 8116 rish Circle, 'Fort Worth; TX came forward and stated that as far as the fencing that there is no way'you would leave a 2000 Ib. animal at the mercy of a wooden picket fence. On`Rumfield east of Davis there are numerous horse properties and they atl have some type of pipe fe cing with either cable runners orcattle panel to fill in the space .below the-pipes. Any animal owner has to take`the proper precautions and there are numerous tlesigrts of fence that are fully capable rJf keeping the .horse within the fence. The fence will not be an issue, you wouldn't`leave a horse right up against a picket fence. Steven Cooper asked if it is his intention to build a fence? Mr. Bennett said that he has .already planned out the fence and it would be one of the first things he would do after purchasing the property. Mark Haynes asked'if he intended to have the horses'running`thefoll length of the property up to the house? Mr. Bennett said that the property would be cross fenced. They would not be going all of the way up to the house. There would be a pasture fence but I haven't quite decided where that-will be. l have trot had an opportunity to walk the property completely. There will be cross fence5'across the back part of the property so`the horses will not have full roam of the full acre. During storms and inclement weather they will be put up in stalls once those have` been built: Mike Benton said -that as of right now we are only voting on the zoning. There is no way we could hold you to the :pipe fending. That seems to be the main issue with the neighbors. Page 5 of 7 02/18/10 P & Z Minutes Eric Wilhite said that is something that we can look at between now and City Council based on what your recommendation is we can look into it. I am going to make an assumption that there is probably some kind of provision that says that they have to be properly confined in thepastures. Does it specifically spell out if there is a wood stockade fence on back side of single #amily residentialyou still have to do .piping? I'm not sure but if it is a safety concern l'm sure there is'some way we' can leverage getting it done. Public Hearing closed at 7:27 p.m. Don Bowen, seconded by .Mike Benton motioned to-deny ZC2010-01 for zoning change. The motion was carried (5-1) with Mark Haynes in opposition. i 6. ZC 2010-02 Public Heariing'and <Consideration of a Request from Life Church for a Zoning Change from R-2-Single family to U-.School, Church, Institutional for Lot 1, Block 1, douse of Grace Addition (located at 7$50 Davis Boulevard - 7.45 acres). -Eric Wilhite said #hat Life Church has been developed for several years now. They came #o staff not long ago wanting to put in an electronic changeable message sign. Currently churches are permitted irr°all zoning classifications so when they came in to do their site<ptan and development they kept the R-2 zoning''that it is currently :zoned. In order to be able to do the electronic changeable-rnessage board and meet the sign ordinance they have to be zoned Institutional. This prompted them to come in and request a zoning change to U, so they can be a zoning classification that would allow them to do the sign that they would dike to do. This meets the Comprehensive°-Land Use Plan. The development is there now and this is a good thing that they are coming. because it is more consistent with the Comprehensive Plan to do the zoning change. Public Hearing opened at 7:30 pm` ..With no one wishing to speak, Pubfiic.Hearing was closed at 7:30 p.m. Mike Benton seconded by Steven Cooper motioned to approve ZC 2010-10. The motion:carried unanimously (6-0). 7. F P :2010=01 Consideration'of aRequest #rom David Thorne to Approve a final Plat of Lot 2, Block 1,`Thorne Addition (located in'the 6500 BIk of Crane Road-1.43 acres.) Eric Wilhite said that this is a final plat for a piece of property that was seen ":not long ago that was preliminary platted and #hen a portion was final platted. They originally just .came through and preliminary platted both lots. and then just recently #inal platted Cot 1. Now they are requesting to final plat Lot 2 which is a 1:43 acre tract located ,on °Crane Road. They are going to final plat both of these pieces of property into the Thorne Page 6 of 7 02/18/10 P & Z Minutes Addition. It meets the Comprehensive Land Use Plan and exceeds what the minimum lot for their current zoning is and staff recommends approval. Steven Cooper seconded by Mark Haynes motioned to approve FP 2010-01. The motion carried unanimously (6-0). 8. Census 2010 Update -Elizabeth Reining Eric Wilhite said that Ms. Reining will be doing a brief presentation of the Census 2010 and the city's involvement. Elizabeth Reining came forward and stated that the City of North Richland Hills is partnering with the U.S. Census Bureau this year to get the word out to our residents about the upcoming U.S. Census. Forms will be mailed out'in mid March and we ask that everyone return them by April 1St. If you do not turn them in, people will come and visit you to get your information. This is the shortest Census in a very long time. Everyone is receiving the short form this year so it is 10 questions and should take 10 minutes to fill out. We do ask that our residents fill in the Census because it is very important for us. Census data decides how 300 million dollars of federal money is spent through the United States. North Richland Hills does benefit from that. There are several city programs #hat we get due to our population size and our demographics and we would like to continuethat in 2010. There was a brief video that was showed on Census. 9. Adjournment There being no other business, the meeting adjourned at 7:37 p.m. Chairman Randy Shiflet Secretary Don Bowen Page 7 of 7 02/18/10 P & Z Minutes