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HomeMy WebLinkAboutPZ 2012-01-19 MinutesMINUTES OF THE MEETING OF THE PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS JANUARY 19, 2012 1. CALL TO ORDER The meeting was called to order by Chairman Randall Shiflet at 7:00 p.m. 2. ROLL CALL PRESENT Chairman Vice Chairman Ex- Officio CITY STAFF Director of Planning and Dev. Senior Planner Assistant Planner Building Official Assistant Director Public Works Civil Engineer Director of Economic Dev. Recording Secretary Randall Shiflet Bill Schopper Don Bowen Mike Benton Steven Cooper Mark Haynes Kathy Luppy Jerry Tyner John Pitstick Clayton Comstock Chad VanSteenberg Dave Pendley Greg Van Nieuwenhuize Caroline Waggoner Craig Hulse Teresa Koontz 3. PLEDGE OF ALLEGIANCE Jerry Tyner led the pledge of allegiance. 4. Consideration of Minutes from the December 15, 2011 Planning & Zoning Commission Meeting. January 19, 2012 P &Z Minutes Page 1 APPROVED Bill Schopper motioned to approve the minutes of December 15, 2011 meeting, seconded by Steven Cooper. The motion as approved unanimously (7 -0). 5. ZC 2011 -13 Public Hearing and Consideration of a Request from the Kids Can Fly Foundation for a Zoning Change from R -1 Single Family to U Institutional on Lot 7A, Block 3, Woodcrest Addition at 4913 Weyland Drive. 6. SUP 2011 -10 Public Hearing and Consideration of a Request from the Kids Can Fly Foundation for a Special Use Permit for a Social Services Facility with Temporary Lodging at 4913 Weyland Drive. Chairman Shiflet said at the conclusion of the Public Hearings there would be separate actions taken on the items. He called the applicant to make their presentation. Sharon Roubinek, CEO and Co- Founder for Kids Can Fly Foundation, 512 N. Hampton, Ste 201, DeSoto, TX 75116 came forward with a video presentation about the company. She gave an introduction for Mr. Schmidt who is funding their project. James Schmidt, 6922 Rocky Top Circle, Dallas, TX 75252 came forward stating he funded the operation and wanted to clarify any misconceptions about the mission. They do not take criminals off the street and put them in a house. Our mission is to take them from a family that may be misrepresented or has issues, but they don't have problems. We are trying to do this throughout communities to help the children have the closest of a family organization that they never had before. We are not trying to put something that is not wanted into someone's community. I don't believe anyone will even know that we are there. We believe there needs to be some sort of effort to help our children. Bob O'Neal, Executive Director and Co- Founder and Administrator of Kids Can Fly Foundation came forward He said he has a master's degree from Texas Christian University and licensed by the State of Texas as a professional counselor, marriage and family therapist and child care administrator. He has dedicated his working life of forty years to working with children and adolescence. He said he has given his credentials because he wants everyone to know that the person driving this ship is a well - seasoned individual who has spent their whole life to working with adolescence. He discussed his staff and how he has hand picked a group of highly experienced individuals who will be working with these kids and can handle any problems that may occur. He continued to say that the kids that would be brought to the programs will be evaluated and if they don't meet the criteria, and then they will not take them. We are January 19, 2012 P&Z Minutes Page 2 not in the market or business of taking sexual predators, fire setters, highly aggressive, high risk for runaway, high risk for self- harm or harm to others, medically fragile , and of course we do not take boys. We are in the market to help kids have clothing, shelter, food, medical, dental and all care being taken care of. He said if we don't take care of the kids now at a low cost, then we will all be paying at a high cost of our taxes to take care of these kids in becoming incarcerated. Sharon Roubinek came forward and states she handles the business side along with the others who have spoken. She introduced the Board of Directors in the audience and said they have covered every single base but the biggest problem we faced is that people think these kids are going to move into their neighborhood and devalue their property. We are highly state regulated and if you have a problem with one of our kids you have our cell phone number. We also have the opportunity to assess every child that comes in the program and we are double what the allowance is for square footage. She wants to correct something that is a misconception, our state license says we are licensed up to 13 kids. Just because we are licensed does not mean we will have that many. We will start slow and build from the bottom and willing to do whatever to not stack these kids on top of each other. I feel there is nothing as important as what I'm doing standing before you and legacy will live long past any time that I do, and want to be the poster child for Texas. I understand this is tough on zoning for cities because there is not by definition an integrated licensing with zoning. I'm encouraging you no matter what happens here, to look down and road and say "this is unacceptable " and make a change. Just because we are licensed, does not mean we lose all common sense, the kids are driving the train here, not the money. This is a humanitarian effort and not just business effort. We are committed to our neighbors in our community, be a good citizen and neighbor with North Richland Hills. Our future plan includes a charter school, mentoring programs and transitional living. Our human resources department does extensive background checks on all staff coming into the program. This property where the house will be located is a good fit because the kids will not be exposed to the freeway. James Schmidt came forward to clarify this is not a half- way house and these children are not criminals, just because their parents are or were in jail. They will not be sneaking out at night because they want to be there. Clayton Comstock came forward summarizing the two cases stating the Kids Can Fly Foundation came to Staff a number of months ago with a question of how they propose to put this foundation in North Richland Hills. The closest definition we would have to the residential treatment center license type that the State of Texas has for these types of facilities is Social Service with Temporary Lodging. The only zoning categories that fit are in are Multi- Family, Commercial Districts and Institutional. The Multi- Family did not work because of the sight limitation with required acreage; the Commercial was scratched because we did not want to indicate this use was good at the end of a neighborhood. Weyland Drive was going to be cut off and not have connection to the Airport Freeway anymore so use in the future would not be viable. That is why it was left up to Institutional category. The Comprehensive Land Use Plan also recommends low density residential this area. Staff saw the Airport Freeway project chipping away at the existing neighborhood and we recognized the importance of the Comprehensive Land Use Plan and communicating the vision for this area, not just to the current January 19, 2012 P &Z Minutes Page 3 residents and their expectations for what their neighbors would be but, but the future ones as well. We certainly want to see this area of town reinvest and not lose property value. Under the low density residential justification, Staff does not support the re- zoning to Institutional because it is not consistent with the Comprehensive Land Use Plan. He said if the Institutional were approved, it would be permanent and could not be changed back unless the property owner comes back to request zoning change. He said Institutional zoning includes municipal facilities, schools and churches. Mr. Comstock continued with the exhibit stating the SUP would limit the number of children to 13, the bedroom square footage required by the state is "per child is 60 square feet" or 780 square feet, they are providing 826 square feet. The common area square footage would require 520 square feet by the state, they are providing 1000 square feet on the house. The house would be called the Halley House, residential treatment center accommodating abused, neglected and abandoned children between the ages of 12 -17 years old, limited to only females. Because the Special Use Permit request for Social Service Facility with Temporary Lodging or residential treatment center is not in line with Comprehensive Land Use Plan, recommendation for low density, Staff does not recommend approval of the Special Use Permit as well. Don Bowen asked if this were allowed would any type of signage be allowed? Clayton Comstock said under the Institutional Zoning, yes there would be, but with the Special Use Permit request, you could certainly limit signage. In addition, the advertisement for this particular case was advertising in Fort Worth Star Telegram as required by state law; there was an error in the advertisement that went out. The official one went out, but another went out the day after, but just want to make it known the second one was done in error. It advertised for a PD "Planned Development ". The request here before you is U "Institutional" and that is how is was advertised and appeared on your agenda. Secondly, regarding the Zoning Change and Special Use Permit, we have been receiving a number of calls and letters into the department. If you are familiar with the opposition calculation, the area within 200 feet of the subject property, if 20% of the area within the 200 foot buffer is in opposition to a case, it forces a super majority vote at City Council for approval. So 6 of the 7 City Council would have to vote in favor of approval if it reached 20% opposition. The current calculation from Staff is 24.57 %. It has no bearing of Planning and Zoning's recommendation but wanted to make you aware of this. Chairman Shiflet asked if this was the 200 ft. distance notification? Clayton Comstock said yes, the circle on the exhibit is the area within the buffer. Chairman Shiflet opened the Public Hearing on ZC 2011 -13 and SUP 2011 -10 and asked those wishing to speak to come forward. Kevin Willis, 4804 Weyland, spoke against SUP and Zoning Change due to concerns with safety because of other children in this neighborhood. He also stated the success rate of the children from this type of homes and their foundation has not been discussed or disclosed. January 19, 2012 P &Z Minutes Page 4 Kayla Willis, 4804 Weyland Drive, did not speak, but is against the cases James Owen, 4800 Wedgeview, came forward speaking against the cases because it would be hard to sell homes in the neighborhood with a group home because it is new concept, he understands the need but there is not enough of a track record to prove how this affects neighborhoods. Amy Normand, 4909 Weyland Drive, lives next door to the proposed home and feels mislead because there is not a home in place with a proven track record of success, it would not bring value to the neighborhood and safety concerns for her children. Joey Normand, 4909 Weyland Drive, did not speak, but against the cases. Ron Hadley, 4913 Wondol Drive, apposed to the rezoning due to the safety concerns, parking concerns, concerns of the green belt being wrapped around the neighborhood. Chairman Shiflet clarified that the only way zoning can changed is with a recommendation from the Planning and Zoning Commission and City Council. Jay Jones, 4909 Wondol Drive, did not speak, but against the cases. Patricia Gonzales, 4901 Weyland Drive, did not speak, but against the cases. Cayla Willis, 4804 Weyland Drive, against the cases with concerns about school related issues, who would be the one to help take care of the attendance needs, who is the legal guardian for these children, what is the visitation for their parents and will they be coming into their neighborhood to visit their children. Tamika Waller, 2901 Ridgeview Drive, Plano, TX came forward stating she is a foster mother and explained how her home works with her own children with the foster children. She said there is a misconception and misunderstanding about foster children and how they can be handled with other children in the neighborhood. Chairman Shiflet asked if anyone else wished to speak? Seeing none he asked the applicant to come forward with their replies to the concerns from citizens. Sharon Roubinek came forward and said no signs would be needed; this home would be highly confidential since they are coming out of CPS. Regarding the location of where these children would be should not have to be in an unsafe area with desolate living conditions, CPS has not handled the situation and that is why they are stepping up. She said there may not be any homes open now, but where one door closes another opens and she feels this is it and encourages that everyone has to start somewhere. The zoning would belong to Kids Can Fly Foundation and when they leave the zoning goes back to residential zoning. Staff interacted and said no, it stays with the property. Mrs. Roubinek stated that someone needs to talk to Mayor Trevino and City Managers Office because they were told something different by them and needs clarification. January 19, 2012 P &Z Minutes Page 5 Chairman Shiflet said the Special Use Permit goes with the foundation, but the zoning stays with the property. Sharon Roubinek said they have talked with TXDOT about the greenbelt out back and offered to put it in a park plan. She said the citizen with concerns about the greenbelt being wrapped around is not accurate. She said regarding the track record of the foundation is sitting right here, 40 years of experience of their staff and does not feel there is an argument for that. She said the staff does not sleep and would be around the clock awake staff. She said the guardianship of these kids are given to the foundation when the kids are taken in, they are fully prepared to take the responsibility. Bob O'Neal spoke addressing the 50 mile radius of the kids in the homes are already in the school systems and churches today. They would not be from another county or part of the state. Traffic concerns would not be a problem because there are only 1 -3 staff member there in a given day spread out through the day, van for transportation, and maybe therapist during the day. He said all phones are transferred to him or another member of staff at all times so there would always be a way to get in touch with guardians. He said if they were opening the home with 5 or 6 kids there would not be a concern, but because they want to put more than 6, we have to go through this process. He feels people are not educated about what is happening and going on in these types of homes. He said this home will be fully alarmed with fire sprinklers and other security. Tamila Waller said when the children are placed in these facilities the rights of the parents have usually been terminated, so there is no interaction with their parents. If there is any visitation allowed, CPS would be coming to pick up the child and take them to the visitation center with their parent then back to the home. The parents are not allowed to know where the children are living, they have already been in the system for quite a long time at this point. Ron Hadley spoke again regarding the parking issues because of the number of adults that would be coming and going. Chairman Shiflet asked the applicant about the website addressing Kids Can Fly Foundation doing business as Riverson House in DeSoto and if it is a functioning home at this time? Sharon Roubinek answered no at this time due to legal issues with the home owner. Steven Cooper asked for clarification of conflicting information about whether or not the parents. He said he thought from Ms. Waller that the parents have terminated their rights, but he thought he heard Mr. O'Neal say that parents are heavily involved in the therapy process. He has concerns about parents visiting the homes, then there would be a definite traffic concern of multiple families. Ms. Waller said if the parent's rights have not been terminated, then there would be visits with the parents and counselors and CPS. If they have been terminated it would be off site. January 19, 2012 P&Z Minutes Page 6 Steven Cooper asked Mr. O'Neal if the rights have not been terminated and they do have parents coming to the home, then there could be a possibility of an unknown number of parents coming to the home. Mr. O'Neal stated, if the rights have not been terminated, then yes, the families will come, but not all 13 families at once. It would have a lot to do whether the kids have privileges. Sandy Gilman, 4809 Wedgview Drive came forward with safety concerns because she grew up in Pleasant Grove, she moved to this neighborhood to get away from this type of area and does not want this type of mental idea in her neighborhood. Parents coming into the neighborhood would lead to a problem area. Lynn Barber, 4809 Monroe Court, Allen, TX came forward stating she understands the neighbors concerns, but does not understand the difference between a foster home holding up to 6 -10 kids with no counselors, security, alarm systems, doing it only for the money versus bringing a home with all these features with high safety standards and people caring for these children with support. Sharon Roubinek said she understands why the lady from the Pleasant Grove area and feels areas area suffering because of zoning unregulated. She totally agrees with her from the aspect that the only way a city can address what is coming and what has been is to tighten up on the state regulations for people in residential neighborhoods that are fighting hard for these kids and needs to be clear separation from this happening again. Mark Gilman, 4809 Wedgview Drive said he has concerns about domestic situations in this neighborhood with the parents coming in because of what he has experienced in his career in law enforcement. Chairman Shiflet asked if anyone else wished to speak for or against? Seeing none he closed the Public Hearing and entertained a motion. DENIED Don Bowen motioned to deny ZC 2011 -13, seconded by Mike Benton. The motion was denied unanimously (7 -0). Bill Schopper said there is definitely a need for this, but this is a land use type plan. How you create value in a community is uniformity of use and that is what we are tying to do. There are many commercial or office neighborhoods that would be a better use. The road being severed from the Airport Freeway frontage road is what kills this deal because we are not going to disrupt the interior neighborhood. There other areas along Boulevard 26 or other commercial neighborhoods it would be a better fit, perhaps along Strummer Road where there are larger two story homes. It is not a case of "not in my backyard', it is a land use issue. Steven Cooper said one of the issues he is having is the Institutional zoning staying there and truly believes in their intentions of being good neighbors, but the concern is January 19, 2012 P &Z Minutes Page 7 what if it doesn't work. Then we have a piece of property zoned Institutional with no control over the neighborhood to protect it. Don Bowen said he has the greatest respect for the goals of the foundation, but the zoning is inappropriate for the neighborhood and he cannot support it. He suggest that Strummer Road would be an ideal location, he hopes they can find a facility in the city and would greatly support it but not in this neighborhood. DENIED Don Bowen motioned to deny SUP 2011 -10, seconded by Mike Benton. The motion was denied unanimously (7 -0). Steven Cooper said if it could work in another area he would be supportive and believes there is a need and would be proud of North Richland Hills to be part of this, but not in this location. 7. RP 2011 -07 Continuation of Public Hearing and Consideration of a Request from HHH Lube LLC for a Replat to create Lots 15R and 16R, Block 1, Thompson Park Estates located on 1.25 acres at 6417 & 6425 Precinct Line Road. THE APPLICANT HAS WITHDRAWN THIS REPLAT REQUEST 8. ADJOURNMENT There being no other business, the meeting adjourned at 8:45 pm. Chairman Secretary PA4 to? 1/!!LJ1 lor 44 0 0%_1 nd4 n Bowen January 19, 2012 P &Z Minutes Page 8