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HomeMy WebLinkAboutPZ 2012-03-01 Minutes MINUTES OF THE MEETING OF THE PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS MARCH 1, 2012 1. CALL TO ORDER The meeting was called to order by Chairman Shiflet at 7:05 p.m. 2. ROLL CALL PRESENT Chairman Randal Shiflet Vice Chairman Bill Schopper Don Bowen Steven Copper Kathy Luppy Mike Benton Mark Haynes Ex- Officio Jerry Tyner CITY STAFF Director of Planning and Dev. John Pitstick Senior Planner Clayton Comstock Recording Secretary Teresa Koontz 3. PLEDGE OF ALLEGIANCE Steven Cooper led the pledge of allegiance. 4. Consideration of Minutes from the January 5, 2012 Planning & Zoning Commission Meeting. APPROVED Bill Schopper motioned to approve the minutes of January 5, 2012, seconded by Steven Cooper. The motion passed unanimously (7 -0). March 1, 2012 P &Z Minutes Page 1 5. Consideration of Minutes from the February 2, 2012 Planning & Zoning Commission Meeting. APPROVED Bill Schopper motioned to approve the minutes of February 2, 2012, seconded by Kathy Luppy. The motion passed unanimously (7 -0). 6. TR 2012 -01 Public Hearing and Consideration of amendments to Sections 118 -631 "Table of Permitted Uses" and 118 -001 "Definitions" of the North Richland Hills Zoning Ordinance. Proposed amendments include the addition of the following two previously unlisted uses to the table: Secondhand Dealer and Precious Metal Dealer as well as the definitions of these uses and other terms. Chairman Shiflet opened the Public Hearing. Clayton Comstock said ordinance 3188 is a text revision to define the classification for a new land use, "Precious Metal Dealers." These businesses buy gold, silver, and platinum in exchange for cash or check. Typically these businesses have low traffic, low employment and low storage. There is no sales tax generated from these businesses. At the February 2, 2012 Work Session, Staff presented this request with the four options of how it might be approached. The option recommended was to define Precious Metal Dealer and revise the definition of Alternative Financial Establishment to include Precious Metal Dealers in that definition, which would in effect limit it to the 1 -2 district with SUP approval. Staff created a new definition of Precious Metal Dealer meaning "any person or entity engaged in purchasing article made of or containing gold, silver, platinum, or other precious metals or jewels of any description for the purpose of reselling the items in any form." In addition, the definition for "alternative financial establishment" is amended to "a check cashing business, payday advance or loan business, money transfer business, precious metal dealer or car title loan business." The second portion the ordinance addresses is a new land use for secondhand dealers. This type of business certainly has a lot of benefits. They encourage recycling and put cash in local residents' hands, with the tough economy there is high vacancies and low rent, many companies are trustworthy, established and organized. Some of the issues with resale are that some turn into junk shops, they cater to low socio- economic clients, deter national chains, and can cluster in blighted areas. They typically lack the financial backing to maintain property and inventory can spill over into public view. The recommendation from the February 2, 2012 Work Session was to require an SUP for these types of uses. Staff has defined secondhand dealer and is requesting they be allowed in 0-1, NS, CS and HC districts with SUP approval. They would also be allowed in the Center and Core Subzones of the Town Center zoning district with SUP approval. There is already a definition for secondhand merchandise or storage on the books; we propose to remove that and put in its place a more concise definition, The March 1, 2012 P8Z Minutes Page 2 new definition would read, "secondhand dealer means any person or entity engaged in buying, selling, trading or handling any kinds of used or secondhand goods, ware or merchandise. " This would include antique stores, book stores, secondhand book stores, AN entertainment stores, clothing, kid's ware /toys, variety, and sports stores, among others. We will be eliminating the definition of antique store in our zoning ordinance as well, as they will fall under the new definition for secondhand dealer. We also propose a new definition for "incidental use" with a connection with secondhand dealers. We do recognize that some businesses have a certain small portion of their business that might be secondhand sales and we want to allow that without having to go through an SUP process as long as they can keep it contained to a certain percentage of their business. The new definition would be "incidental use means any use or combination of uses different from and subordinate to the primary use which complements and /or supplements the primary use. Said use shall be operated for the benefit or convenience of the employees, visitors, or customers of the primary use. "Incidental" shall mean any activity occupying an area of less than fifteen percent (15 %) of the primary use or which generated gross receipts of not more than fifteen percent (15 %) of that of the primary use. An incidental use is also an accessory use. " Chairman Shiflet asked for clarification on the businesses with 15% requirement. Clayton Comstock said if a business for any reason was suspected of having an incidental use that was over 15 %, we would request or audit the business asking for receipts or we would measure the area in which that use would be generated. Chairman Shiflet stated typically the City attorney would put "whichever is greater" to clarify the ordinance. Clayton Comstock said he agreed with the need for clarification and would ask the attorney before it goes to City Council. Chairman Shiflet asked if anyone in the community has called or inquired about this use. Clayton Comstock said he has not talked to anyone about this but the precious metal dealer definition actually came from a request from a business in NRH that wanted to come in as a gold and silver buyer. That particular business owner requested a new and enlisted use process go into place which is where this came from. We have not had any input or response yet from any businesses or homeowners. Bill Schopper said he has concern about auditing the businesses. In other parts of the country cities have income taxes on businesses and get all the receipts. Are we opening up a can of worms asking to audit business and get receipts? He can see where we might be shown the door if we require that. Clayton Comstock said that is a good question. The ordinance has been reviewed by the City attorney and he didn't bring that point up; but it will be posed to him moving March 1, 2012 P8Z Minutes Page 3 forward to City Council. What we see more often in other communities is that 15% of the area. John Pitstick said our intent is not to audit but that these businesses need to be in the proper zoning district. If you went in as a clothing store and all the sudden you are selling 50% of it for used clothes, you would need to get a SUP. It is the ability for us to go in there and determine the actual percentages. It is not to put them out of business, just put in the proper zoning. It would not affect any current businesses in operation. Bill Schopper said his concern is the people that are really abusing it are the ones that are going to be the troublemakers and not comply. The people that are conscience we will not have to worry about. Chairman Shiflet asked if the precious metal dealer or jewelry stores that do Tess than 15% can still operate. John Pitstick said yes they are fine. Chairman Shiflet asked if anyone else wished to speak for or against the Public Hearing, seeing none he closed the Public Hearing and entertained a motion. APPROVED Mike Benton motioned to approve TR 2012 -01, seconded by Mark Haynes. Bill Schopper denied. The motion passed (6 -1). 7. Adjournment There being no other business, the meeting adjourned at 7:20 pm. Chairman Secretary e--- 9 :11.4, ft • Randy Shiflet Don Bowen March 1, 2012 P &Z Minutes Page 4