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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). Page 1 06/16/2011 P & Z Minutes 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 However at the October 11, 2010 Council meeting the applicant requested that the case be withdrawn while some issues were being resolved.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 Page 2 06/16/2011 P & Z Minutes 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. Page 3 06/16/2011 P & Z Minutes 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 l Randy Shiflet 06wrowen Page 4 06/16/2011 P & Z Minutes