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HomeMy WebLinkAboutPZ 2012-12-20 Minutes MINUTES OF THE MEETING OF THE PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS DECEMBER 20, 2012 A.1 CALL TO ORDER The meeting was called to order by Chairman Randall Shiflet at 7:00 p.m. A.2 ROLL CALL PRESENT Chairman Randall Shiflet Vice Chairman Bill Schopper Steven Cooper Mike Benton Mark Haynes ABSENT Kathy Luppy Don Bowen Jerry Tyner CITY STAFF Director of Planning & Dev. Clayton Comstock Senior Planner Civil Engineer Caroline Waggoner Director of Economic Dev. Craig Hulse Recording Secretary Teresa Koontz A.3 PLEDGE OF ALLEGIANCE Steven Cooper led the Pledge of Allegiance. December 20, 2012 P8Z Minutes Page 1 BA Consideration of Minutes from the November 15, 2012 Planning & Zoning Commission Meeting APPROVED Bill Schopper motioned to approve the minutes of November 15, 2012 as proposed. The motion was seconded by Mike Benton and passed unanimously (5 -0). CA ZC 2012 -13 Public Hearing and Consideration of a request from J &J NRH 100, FLP for a Zoning Change from C -1 Commercial & 0-1 Office to R -2 Single Family Residential on 11.337 acres in the 8600 Blk. of North Tarrant Pkwy. Dustin Austin, 700 Harwood Rd, Hurst came forward with a request for a Zoning Change from 0-1 Office to R -2 Single Family located off North Tarrant Parkway behind Ross. We have one tract currently zoned Office and another which is zoning Agriculture and we want to rezone to R -2 Single Family. Chairman Shiflet asked about the proposed two street stub outs to the east and if it will eventually end up residential as well? Dustin Austin said that was the thought process that it would eventually tie into Davis Blvd. John Pitstick came forward stating this request is from C -1 Commercial & 0-1 Office to R -2 Single Family on 11.337 acres off North Tarrant Parkway. This was originally platted for an office district, but since it is not developing and they were able to pick up the tract behind them to replat for R -2. The City did require at least connectivity with the adjacent site and since we didn't see the commercial going back that far, it would allow for extension for the streets to be extended. Chairman Shiflet asked if there is a median cut on North Tarrant Parkway where the street is proposed. John Pitstick said no, there is not, it would be a right out only going west to Davis. Chairman Shiflet opened the Public Hearing and asked if anyone wished to speak for or against? Seeing none, he closed the Public Hearing and entertained a motion. APPROVED Mark Haynes motioned to approve ZC 2012 -13 as proposed. The motion was seconded by Steven Cooper and passed unanimously (5 -0). December 20, 2012 P &Z Minutes Page 2 C.2 PP 2012 -05 Consideration of a Request from J &J NRH 100, FLP for a Preliminary Plat of 30 Lots located on 11.337 acres in the 8600 Bilk. of North Tarrant Pkwy. Dustin Austin, 700 Harwood Rd, Hurst, TX came forward with a Preliminary Plat for a right turn in and out with two stub outs to the east located off North Tarrant Parkway. To the south there is a fairly large radius with the intentions of a round -a -bout with a total of 30 R -2 residential lots meeting all the criteria for R -2. John Pitstick said this Preliminary Plat and keeping the same number of lots and extending the development with 30 lots, which is the maximum you can have with one entry way. The details are being worked out for the median at the end and will come back with the Final Plat with that information. APPROVED Mike Benton motioned to approve PP 2012 -05 as proposed. The motion was seconded by Mark Haynes and passed unanimously (5 -0). C.3 TR 2012 -05 Public Hearing and Consideration of an amendment to the Zoning Ordinance of the City of North Richland Hills regarding the uses of "Detention /Retention Pond" and "Private School' within certain zoning districts within the City. John Pitstick said this text revision regarding the uses of detention /retention ponds. The City Council has recently approved updates to the Public Works Design Manual to allow for detention /retention ponds and our Engineering Staff is here tonight if you have any questions. This would be the formal request to put into the Zoning Ordinance for a requirement of a Special Use Permit. This ordinance was passed by City Council on December 10, 2012. There was an advertisement for SUP for Private Schools in the Office District. We have since removed that and are recommending it be a Planned Development. APPROVED Steven Cooper motioned to approve TR 2012 -05, to include removing the school. The motion was seconded by Bill Schopper and passed unanimously (5 -0). December 20, 2012 P8Z Minutes Page 3 CA SUP 2012 -07 Public Hearing and Consideration of a request from E.A. Young Academy for a Special Use Permit which would allow a Private School at 8521 Davis Blvd. Kathy Lyda, 2665 Johnson, Southlake, TX came forward representing E. A. Young Academy, 8521 Davis Blvd. stated she is one of founders and is the head of school. Our school was founded in 2011, opened in Old Town Keller and recently moved to the North Richland Hills facility. We are a not for profit, private academy targeted towards the gifted — talented ability population. Our goal will eventually to be to be a K -12 school, although right now we are 3 -7 grade only with a total of 14 students enrolled at this time. Our plans are to grow but to always maintain a small school. Our education model is really founded on individualized and personalized instructions; we are aligned with the TEAKS common core standards. We do a lot of self- directed and project based learning, we are a technology infused learning environment and base a lot of what we are doing on critical inquiry and authentic assessment. Our vision is to create scholars who are innovative, problem solving, and compassionate stewards of our global as well as our local community. We are here tonight with following the recommendations of the Planning Department and with the endorsement of our property owner; we are seeking approval of a zoning change from 0-1 to PD. If we understand the change correctly, there is not much change, we will maintain all the current 0-1 uses which includes the use of a private school for fewer than 100 students and not increase the standoff requirements. We will be happy to comply with the landscaping requirements as discussed in the work session. Mike Benton asked if the growth of the school include high school students and would they be driving to school and would there be enough parking spots to accommodate them, how would this be monitored. Kathy Lyda said yes, eventually they would be driving. We have not addressed this with the Board or internally yet but will be addressing soon. John Pitstick said we would have to address that later and access that as they grew and they would have to provide adequate parking. Bill Schopper asked if our zoning ordinance came up with the 100 students ? John Pitstick said the day care is there now and the setback requirements for restaurants, if a private school goes in there if less than 100 it has the same setbacks as the daycare, so we are recommending a maximum a 99 students. There is no specific requirement on the setback for number of kids but when you have a private school, there are some state laws that have issues with setbacks from restaurant that sell alcohol, etc. The proposed zoning will not change anything; it is a daycare zoned 0-1 Office. Staff is recommending it a PD, restricted to less than 100 students with an updated landscaping. Bill Schopper asked what happens if this grows and it goes over the 100 students. December 20, 2012 P &Z Minutes Page 4 John Pitstick said we would have to write a letter and go through the process, but they understand the PD is less than 100 kids. I would recommend that this be a stipulation as part of the motion. Kathy Lyda said if this were to happen then our Board would certainly be interested in a separate facility for the high school if the high school numbers grow. Mike Benton commented that he hopes they do grow and if this becomes an issue with parking, he would be concerned about the safety of high school drivers with small elementary children in the parking lot. Steven Cooper asked about the landscaping and how it would be taken care of. Kathy Lyda said the non - installation and death of the shrubbery happened prior to us moving into this facility so truly does not know the history of what happened. It is our intent to comply with bringing this to compliance. Our students have done a project based on an activity with the Botanical Research Institute of Texas. The students' findings actually support findings. John Pitstick came forward with the Staff report saying this Special Use Permit for a private school and has been advertised. Staff is recommending that it be considered a Planned Development. This is part of the existing daycare building and E.A. Young Academy is currently occupying it with 13 students. We looked at the approved site plan for Good Beginnings School and there were some trees missing from the back side. The Steeple Ridge evergreen neighborhood s al from ong the back of the property will need t be anyone in that area. Thee g replaced adjacent to the neighborhood along with updating the shrubs in the front of the property. It would be our recommendation that it be a private school with 0-1 uses, limited to less than 100 students subject to the installation of the evergreen trees along the western landscape and total of 49 shrubs being maintained between the buildings, front facade and drive isle. Chairman Shiflet opened the Public Hearing for SUP 2012 -07 and asked if anyone wished to speak. Garye Vieregger, 8532 High Point Ct, came forward asking if they are allowed to expand their building with two or more stories because of decreasing property values. Chairman Shiflet said if this is approved for recommendation tonight to the City Council, then it would put more restriction and they could not do anything to the property. There was no one else wishing to speak so the Public Hearing was closed. December 20, 2012 P8Z Minutes Page 5 APPROVED Mark Haynes motioned to approved for recommendation of a Planned Development and to include the updated landscaping requirements. The motion was seconded by Mike Benton and passed unanimously (5 -0). C.S. ZC 2012 -14 Public Hearing and Consideration of a request from Kenneth L. Merritt for a Zoning Change from AG Agricultural to R -1 Single Family Residential on Lot C, Block 6, Dawn -King Addition at 6921 Crane Rd. Kenneth Merritt, 3612 Tarrant Main Street, Euless, came forward with a request a zoning change from AG to R -1 to build a single family residence on the property. John Pitstick said this request for a zoning change had a previous house on the property but it has been demolished. It has been previously platted and the zoning change would allow them to build a house on the property. Chairman Shiflet opened the Public Hearing, no one came forward to speak. APPROVED Bill Schopper motioned to approve ZC 2012 -14 as proposed. The motion was seconded by Steven Cooper and passed unanimously (5 -0). C.6. ZC 2012 -12 Public Hearing and Consideration of a request from the City of North Richland Hills and the property owner for a Zoning Change from 1 -2 Medium Industrial to HC Heavy Commercial on Lot 1R, Block 5, Industrial Park Addition at 6646 Iron Horse Blvd. John Pitstick said this request by the City with permission from the land owner for a zoning change from 1 -2 Medium Industrial to HC Heavy Commercial. Behind Iron Horse off Rufe Snow there are existing uses on this tract including storage warehouse, as well as a cellular tower and other offices. The applicant has existing offices and under our current requirement under Industrial is specific to Industrial and does not allow specific office uses. We are recommending a change to Heavy Commercial that would allow all the uses the applicant is requesting at this location. Anything existing would not non- conforming and continue to be allowed. Chairman Shiflet asked if the cell tower be non - compliant and not be allowed. John Pitstick said as long as they continue to use the cell tower there would not be any problem. The only issue would be if a tornado struck it or another act of nature destroyed more than 50 % of it, they would have to come back for a request to replace. Typically where there is an existing sign or tower they would have to come back and Staff would be supportive of replacing it. December 20, 2012 P&Z Minutes Page 6 There was a general discussion about cellular towers and the current ordinance. Chairman Shiflet opened the Public Hearing, no one came forward to speak. APPROVED Mike Benton motioned to approve ZC 2012 -12 as proposed. The motion was seconded by Mark Haynes and passed unanimously (5 -0). C.7 RP 2012 -10 Consideration of a Request from Claymoore Engineering for a Replat to create Lots 2R1, 2R2 and 2R3, Block 1, Davis -North Tarrant Parkway Addition on 15.394 acres located at 8450 Davis Blvd. Matt Moore, Claymore Engineering, 1105 Cheek Sparger, Colleyville, TX came forward on behalf of North Richland Center with a request for Replat to carve a 15.4 acre tract into 3 lots so a lot can be conveyed to a new owner, then my client will retain 2 — one acre parcels on Davis Blvd. and North Tarrant Parkway. John Pitstick came forward stating this request is to replat from one lot into two pad sites, one on North Tarrant Parkway and one on Davis Blvd. We don't know what the uses are at this time, but it would create pad sites out front of the property. APPROVED Steven Cooper motioned to approve RP 2012 -10 as proposed. The motion was seconded by Bill Schopper and passed unanimously (5 -0). C.9 FP 2012 -08 Consideration of a Request from HP Civil Engineering, LLC for a Final Plat of Hown Town - Dolce Addition, Phase 1 on 14.86 acres located in the 6100 block of Parker Blvd. Jason P, HP Civil Engineering, 5339 Alpha Road, Dallas, came forward with a request of a Final Plat to the developed into 4 lot sizes and 2 public open spaces. The project is in the Home Town Center north of NRH2O. In the first phase of the project that central location is going to be developed into 159 multi - family units. In phase two there will be 157 units with public open spaces to include a dog park and park extension. We have worked diligently with Staff to get the correct numbers of easements and get them on the plat so adjacent property owners to acquire the property. John Pitstick came forward saying this is a Final Plat, the Preliminary Plat came forward previously. There is a lot of development activity of the east side of The Lakes at Home Town. The Enclave is under construction off Mid Cities and now Dolce Living Addition December 20, 2012 P8Z Minutes Page 7 is coming with this Final Plat. We are still reviewing the final site plan and hope to have that prior to the City Council meeting. They have requested an early grading permit where all the dirt moving is occurring at the end of Stormy Plaza. The Conceptual Plan was approved a few months ago with a public square and open space. There are requirements in the court area to have retail on the first floor with multi - family on the upper floors. APPROVED Bill Schopper motioned to approve FP 2012 -08 as proposed. The motion was seconded by Mike Benton and passed unanimously (5 -0). C.8. TR 2012 -04 Public Hearing and Consideration of amendments to Section 118 -728 of the North Richland Hills Code of Ordinances "Lighting ". Clayton Comstock came forward with a Power Point presentation. He said currently, there exists only one regulation regarding lighting in the zoning ordinance: that wood poles not be used for the support of light fixtures. Issues of glare, light trespass and other. light- related nuisances have been enforced through other parts of the Code of Ordinances. This Lighting Ordinance provides a comprehensive set of regulations for commercial and residential outside lighting. Issues of glare, light trespass and other light- related nuisances have been enforced through other parts of the Code of Ordinances. This Lighting Ordinance provides a comprehensive set of regulations for commercial and - residential outside lighting. The City recently received Bronze Level Certification from the Scenic City Certification Program. The program acknowledges cities that have policies, procedures and regulations in place to enhance the quality of life through the built environment. With the certification also came recommendations from the program administrators on how to achieve the next level. One recommendation was to address lighting. Additionally, the 2001 City Image Study inferred that the City should adopt "Parking Lot Lighting Requirements" that regulate pole height and maximum illumination output. Preventing light from "trespassing" onto properties that it is not meant to illuminate and shielding the bulb, or light source, is a major component to minimizing the impact of commercial development on its residential neighbors as well as the public thoroughfares we travel. Glare and light trespass reductions would naturally increase safety, security quality of life, and property values. From a broader level, light pollution and "skyglow" is an increasing problem for our developing region. The importance of local outdoor lighting ordinances that eliminate light fixtures, or "luminaires," from wasting excess light to the night sky is essential to the region's cumulative enjoyment of the clear dark night sky.ht - related nuisances have been enforced through other parts of the Code of Ordinances. This Lighting Ordinance provides a comprehensive set of regulations for commercial and residential outside lighting. The City recently received Bronze Level Certification from the Scenic City Certification Program. The program acknowledges cities that have policies, procedures and regulations December 20, 2012 P8Z Minutes Page 8 in place to enhance the quality of life through the built environment. With the certification also came recommendations from the program administrators on how to achieve the next level. One recommendation was to address lighting. Additionally, the 2001 City Image Study inferred that the City should adopt "Parking Lot Lighting Requirements" that regulate pole height and maximum illumination output. Preventing light from "trespassing" onto properties that it is not meant to illuminate and shielding the bulb, or light source, is a major component to minimizing the impact of commercial development on its residential neighbors as well as the public thoroughfares we travel. Glare and light trespass reductions would naturally increase safety, security quality of life, and property values. From a broader level, light pollution and "skyglow" is an increasing problem for our developing region. The importance of local outdoor lighting ordinances that eliminate light fixtures, or "luminaires," from wasting excess light to the night sky is essential to the region's cumulative enjoyment of the clear dark night sky. Chairman Shiflet opened the Public Hearing, no one came forward to speak. APPROVED Mark Haynes motioned to approve TR 2012 -04 as proposed. The motion was seconded by Steven Cooper and passed unanimously (5 -0). D.0 Adjournment There being no other business, the meeting adjourned at 8:28 pm. Chairman Secretary G Randal Shiflet B en December 20, 2012 P&Z Minutes Page 9