HomeMy WebLinkAboutPZ 2011-06-16 MinutesMINUTES OF THE MEETING OF THE
PLANNING & ZONING COMMISSION OF THE
CITY OF NORTH RICHLAND HILLS, TEXAS
JUNE 16, 2011
1.
CALL TO ORDER
The meeting was called to order by Chairman Randall Shiflet at 7:00 p.m.
2.
ROLL CALL
PRESENT Chairman Randall Shiflet
Don Bowen
Mark Haynes
Mike Benton
Steven Cooper
Bill Schopper
Dianna Madar
ABSENT Ex- Officio Kathy Luppy
CITY STAFF
Building Official Dave Pendley
Director of Economic Dev. Craig Hulse
Asst Planner Chad VanSteenberg
Civil Engineer Caroline Waggoner
Recording Secretary Teresa Koontz
3.
PLEDGE OF ALLEGIANCE
Mike Benton led the pledge of allegiance.
4.
Consideration of Minutes from the May 19, 2011 Planning & Zoning Commission
Meeting.
APPROVED
Steven Cooper motioned to approve the minutes of the May 19, 2011 meeting,
seconded by Bill Schopper. The motion as approved unanimously (7 -0).
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5.
ZC 2009 -08
Public Hearing and Consideration of a Request from Gene Schay for a Zoning
Change from R-1 -S to R -2 (located at 8620 Martin Drive, 0.532 acres.)
Gene Schay, 8620 Martin Drive, NRH, came forward requesting a replat to gain an
extra lot. The property is approximately 2 acres and I'm splitting about half of it for sale
for residential use.
Chad VanSteenberg came forward stating this case is a request to change the zoning of
the 0.532 acre tract at 8620 Martin Drive from R -1 -S to R -2. Along with this zoning
change is a replat which will divide Mr. Schay's property into two parcels. He is going to
sell the smaller one for a new single family residence and the larger lot containing the
existing residence will remain in excess of an acre after this replat and can remain R -1-
S. However, since the proposed new lot is less than one acre the zoning must be
changed and R -2 is being requested. The Comprehensive Plan depicts low density
residential uses for this area and this request does comply with the plan. You may
remember this case from an earlier meeting as this request was originally brought
before you on August 19, 2010 where this Commission recommended approval.
However at the October 11, 2010 Council meeting the applicant requested that the case
be withdrawn while some issues were being resolved. Staff now brings this back before
you with recommendations of approval of the zoning change.
Chairman Shiflet opened the Public Hearing and asked if anyone wished to speak for or
against the case to come forward. Seeing none, he closed the Public Hearing and
entertained a motion.
APPROVED
Bill Schopper motioned to approve ZC 2009 -08 as proposed, seconded by Mark
Haynes. The motion carried unanimously (7 -0).
6.
RP 2009 -05
Public Hearing and Consideration of a Request from Gene Schay for a Replat of
Lots 3R1 and 3R2, Block 14, Glenann Addition (located at 8620 Martin Drive, 1.960
acres.)
Chairman Shiftlet opened the Public Hearing and asked for Staff to present the case.
Chad VanSteenberg came forward stating this case is the replat associated with the
previous zoning case. The current parcel of 1.95 acres is being divided into two lots
and the smaller of which is over a half acre at 0.532 on the west side of the lot. The
other lot with the existing residence is 1.41 acres. This request was brought before you
in August 2010 at which time you recommended approval. The Development Review
Committee has reviewed this plat and it meets all the zoning and subdivision
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ordinances. Sidewalks are required as part of this subdivision and the Developer will be
required to assume 100% of the amount of that improvement. Staff does recommend
this replat request.
Chairman Shiflet asked when would the sidewalks be required?
Chad VanSteenberg said they would be required at the time of development.
Chairman Shiflet asked if anyone else wished to speak on this matter? Seeing none, he
closed the Public Hearing and entertained a motion.
APPROVED
Dianna Madar motioned to approve RP2009 -05 as proposed, seconded by Don
Bowen. The motion carried unanimously (7 -0).
7.
TR 2011 -02
Public Hearing and Consideration of Amendments to Section 118 -727 of the
North Richland Hills Code of Ordinances "Customary Home Occupations ".
Chairman Shiflet opened the Public Hearing on TR 2011 -02 and asked Staff to present
the case.
Dave Pendley came forward stating case TR 2011 -02 is a zoning ordinance
amendment. It was a Staff initiated modification due to previous issues where we had
confusion with what was allowed as a home occupation. Many of you know the case
that involved the proposal a citizen who bought a house and indicated they were living
in it, remodeled it for their home business and later we found out it was not their primary
home. City Staff and P &Z got together and made some recommended changes to help
clarify some of the issues that would prevent this type of situation from occurring again.
Also to help Staff pinpoint what was actually considered a home occupation and what
was not.
Dave Pendley said one of the issues brought up during the course of this study was the
question whether or not the boot camp style training being run out of a house could be
allowed as a home occupation. After some research we have determined that probably
was not the best use because it also allowed people to assemble. Just like we don't
allow contractors to bring their workers into a residential area to congregate then leave
in a truck or two, we don't allow this type of activity to occur at someone's residence
early in the morning hours. The proposal to the ordinance was to add some language
that "no outdoor assembly of employees, clients or equipment could occur at a house
used as a home occupation." We also added some paragraphs that helped to
determine that the physical appearance and visible evidence could not be shown from
the street or front.
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In other words, to conduct a home occupation, your house basically had to resemble or
keep looking like a house, no modifications could be made that were visible or gave the
appearance of advertising. We also made some corrections in the list of what was
allowed for home occupations which say "to include or not limited to work hours 8:00
a.m. to 8:00 p.m. Telecommuting was added whereas you can do business by
telephone, computer, etc. In addition we added where you can do businesses like
Tupperware sales, jewelry sales if it is done like a social gathering. Contractor's offices
are not allowed to be a home occupation. Physicians, dentists, optometrist and
psychologists are not allowed to have their counseling offices as home offices are not
allowed.
Chairman Shiflet asked about parking of vehicles for customers of allowed home
occupations and if adding customers or employees could be added to the language.
Dave Pendley said yes, we could do that but in the language the only individuals that
could be employees are your family members. If you have a home occupation you
cannot hire an outside employee. By adding that text it might confuse the issue giving
the indication that they can do that. There was a general discussion about this issue
and how Staff could word it correctly.
APPROVED
Steven Cooper motioned to approve TR 2011 -02 as proposed, seconded by Mike
Benton. The motion carried unanimously (7 -0).
8.
ADJOURNMENT
There being no other business, the meeting adjourned at 7:16 pm.
Chairman Secretary
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Randy Shiflet 06wrowen
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