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HomeMy WebLinkAboutPZ 2014-08-21 Minutes MINUTES OF THE MEETING OF THE WORK SESSION PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS August 21, 2014 6:30 PM A.0 CALL TO ORDER The meeting was called to order by Chairman Randall Shiflet at 6:30 P.M. PRESENT WERE: PRESENT Chairman Randall Shiflet Bill Schopper Mike Benton Secretary Don Bowen Jerry Tyner ABSENT Vice Chairman Steven Cooper Mark Haynes Kathy Luppy CITY STAFF Director of Planning & Development John Pitstick Director of Economic Development Craig Hulse Senior Planner Clayton Comstock Assistant Planner Chad VanSteenberg Recording Secretary Cheryl Booth A.1 Recent City Council Action, Development Activity Report, and General Announcements A.2 Briefing of Items on the August 21, 2014 Planning and Zoning Commission Regular Session Agenda Clayton Comstock presented staff overview on each of the applications scheduled for this evening's Planning and Zoning Commission meeting. B.0 Adjournment There being no other business, the meeting was adjourned at 06:54 P.M. City of North Richland Hills August 21, 2014 Meeting Minutes Planning&Zoning Commission Page 1 of 9 Canan rrrr Secr tary Randall Shiflet Don Bowen City of North Richland Hills August 21, 2014 Meeting Minutes Planning&Zoning Commission Page 2 of 9 MINUTES OF THE MEETING OF THE PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS AUGUST 21, 2014 7:00 PM A.0 CALL TO ORDER The meeting was called to order by Chairman Randall Shiflet at 07:00 P M. A.1 ROLL CALL PRESENT Chairman Randall Shiflet Bill Schopper Mike Benton Secretary Don Bowen Jerry Tyner ABSENT Vice Chairman Steven Cooper Mark Haynes Kathy Luppy CITY STAFF Director of Planning & Development John Pitstick Director of Economic Development Craig Hulse Senior Planner Clayton Comstock Assistant Planner Chad VanSteenberg Recording Secretary Cheryl Booth A.2 PLEDGE OF ALLEGIANCE Jerry Tyner led the Pledge of Allegiance at 07:02 PM B.0 Consideration of Minutes There are no minutes for consideration at this time. C.0 Consideration of Planning & Zoning Requests City of North Richland Hills August 21, 2014 Meeting Minutes Planning&Zoning Commission Page 3 of 9 C.1 PP 2014-07 Consideration of a request from William Sandlin for a Preliminary Plat of Davis-North Tarrant Parkway Addition; being 6 Commercial Lots on 14.357 acres located at 8450 Davis Blvd. Chad VanSteenberg came forward to present the staff overview. This is located at the southeast corner of Davis Boulevard and N Tarrant Parkway. The six (6) commercial lots are planned to be "pad site ready" including fire lanes and infrastructure This plat was approved by City Council on Jan 8, 2014. Craig Hulse has not received information on tenant prospects from William Sandlin. Mr. Sandlin also owns E-Care on the east side of Davis Boulevard. Staff has requested an easement between this pad site and the adjacent Kroger property. Discussions with Kroger are that they are in favor with stipulation that no grocer tenants are permitted in the new pad site Staff recommends approval of this plat application Applicant Jimmy Fechter with Adams Engineering and Development Consultants; 910 S. Kimball Avenue, Southlake, came forward to present the application for preliminary plat. He explained that the applicant, Mr. Sandlin also owns the adjacent E-Care. The purpose of this application is to firm up the lot lines to get some movement on this project. Staff has expressed concern that the plan does not include cross-access easement with the Kroger property. It is our intent to comply with at least one, and perhaps two access points. At this point it is unclear where Kroger will be connecting Mr. Sandlin does not have tenants firmed up for these pad sites, but it will likely be more than one tenant. APPROVAL Mike Benton motioned to approve PP 2014-07. The motion was seconded by Bill Schopper. The motion passed unanimously (4-0). C.2 ZC 2014-13 Public Hearing and Consideration of a request from Graham Partners, Ltd for a Zoning Change from "AG" Agricultural to "R-2" Single-Family Residential on 0.1499 acres located along the southern portion of 7000 Hightower Drive. C.3 PP 2014-08 Consideration of a request from Graham Partners, Ltd for a preliminary plat of Graham Ranch Phase Ill; being thirty two (32) single-family residential lots on 9.40 acres located west of Chisholm Trail. Chad VanSteenberg came forward to present the staff overview. Applications C.2 and C 3 are related to the same project. C 2 relates to a sliver of land (0.1499 ac) at the far end of the Billy Graham homestead. C.3 relates to the final thirty two (32) lots of the Graham Ranch site west of Chisholm Trail Eight (8) of these lots have already been set up as "pad ready." The owner plans to connect the existing walk trail along the City of North Richland Hills August 21, 2014 Meeting Minutes Planning&Zoning Commission Page 4 of 9 south and west side of the property. There is a gas pipeline and existing fifty (50) foot easement running north and south through the property. The Graham property to the north will likely remain an estate lot in perpetuity. Staff does recommend approval of both applications. Chairman Randall Shiftlet opened Public Hearing for Zoning Change ZC 2014-13 and Preliminary Plat change PP 2014-08 at 07:10 P.M Mark Wood, representing Graham Ranch Partners, Ltd, 6617 Precinct Line Road; Suite 200; North Richland Hills; came forward to present his zoning change request for Graham Partners, Ltd. This is Graham Ranch Phase IIIA and Phase IIIB. C.2 is a portion of property to be sold to expand Phase III lots. As part of the sale of this property, a very large covered shed attached to the back of his barn protects grazing cattle. With elimination of the shed, the cattle would go away Lots would remain 10 feet away from the remaining barn. Eight (8) lots have been developed in Phase I. The remaining twenty four (24) lots are starting from scratch The plan crosses the fifty (50) foot gas easement two (2) times. The former stock pond has been filled in and properly compacted, filled and tested. Existing channel is separately platted land. The existing sidewalk will become a loop into the north end of the neighborhood. Phase IIIA is for eight (8) lots. Phase IIIB is for twenty four (24) lots. Our Country Homes will build a model home on the south end. Pipeline easements will be separate lots owned by the HOA. There will be a nice greenbelt in the middle of the development. There being no further discussion, Chairman Randall Shiftlet closed Public Hearing for Zoning Change ZC 2014-13 at 0716 P.M. APPROVAL Mike Benton motioned to approve ZC 2014-13. The motion was seconded by Bill Schopper. The motion passed (4-0). APPROVAL Don Bowen motioned to approve PP 2014-08. The motion was seconded by Bill Schopper. The motion passed (4-0). C.4 SUP 2014-09 Public Hearing and Consideration of a request for Green Ox Energy Solutions for a Special Use Permit for a Ground-Mounted Solar Installation on 2.064 acres located at 7820 Douglas Lane. Clayton Comstock came forward to present the staff overview of application SUP 2014- 09 solar panel request. At the current time, the city has no zoning ordinances regarding installation of solar panels. Rooftop solar systems are permitted as an electric permit and inspected according to appropriate building code. Ground mounted solar systems are processed as accessory structures for areas under five hundred (500) square feet. City of North Richland Hills August 21,2014 Meeting Minutes Planning&Zoning Commission Page 5 of 9 Ground mounted solar systems exceeding 500 square feet require a Special Use Permit (SUP) Green Ox Energy Solutions is proposing a five hundred sixty (560) square foot solar panel system. This is located just south of Bursey Road and north of Cross Timbers Park. The panel is proposed to be located ten (10) feet from the property line. The property owner proposes two (2) panels now with the opportunity to install an additional six (6) panels at a later date The structure has three (3) feet clearance on the bottom with a maximum height of seven (7) feet. The structure has aluminum framing. Staff recommends approval of this application because of its low profile design and minimal impact to adjacent properties. Chairman Randall Shiftlet opened Public Hearing for SUP 2014-09 at 07.17 P.M. Don Bowen asked if there are zoning ordinances requiring underground cabling from the structure to the house. Clayton Comstock replied that there is no easement involved in this SUP and that this will be underground. This is all on private property. There are specific code requirements for the pipes that are located underground per building codes. Don Bowen stated that he wished to ensure that these cables are located underground. Clayton agreed that we should consider if there are requirements for underground cables for future projects. Justin Godsey, representing Green Ox Energy; 13725 Hickory Creek Drive; Haslet came forward to present. There is existing power in 200 amp service behind the panel to which the solar panel will tie in. It would be a short run. A landscaping rock liner is planned underneath the panel to prevent plant growth. Power usage will pull from the panel before converting to the solar power Regarding line loss, there would be loss if running the distance to the house. This short distance will result in minimal loss The line will be underground. Chairman Randall Shiftlet closed Public Hearing for SUP 2014-09 at 07.27 P.M. APPROVAL Bill Schopper motioned to approve SUP 2014-09 as proposed. The motion was seconded by Mike Benton. The motion passed unanimously (4-0). C.5 SUP 2014-10 Public Hearing and Consideration of a request for Air Wind & Solar for a Special Use Permit for a Ground-Mounted Solar Installation on 1.61 acres located at 8636 Stonecrest Trail. Clayton Comstock, came forward to present the staff overview of application SUP 2014- 10 solar panel request. This applicant is proposing an eleven hundred (1,100) square foot, sixteen (16) foot high solar panel at the north end of the horse pasture, directly City of North Richland Hills August 21, 2014 Meeting Minutes Planning&Zoning Commission Page 6 of 9 behind their neighbor's house. Because of the proposed sixteen (16) foot height, the setback of only ten (10) feet off an adjacent property owner's six (6) foot rear yard fence, and the overall size of the structure, staff recommends denial, and encourages the applicant to relocate and/or reduce the height of the proposed structure to not be as imposing on adjacent property owners. Penny Luker; 8626 Stonecrest Trail; North Richland Hills, TX, came forward to present Ms. Luker is the homeowner. The contractor, Air, Wind and Solar are not present. Ms. Luker stated that she and her husband are willing to put in large trees to provide barrier between the panel and their neighbor's house. She has a number of concerns, one of which being that the exhibit that is being presented this evening is not located where they had agreed to on the signed contract with the contractor. They have had challenges receiving information from this contractor. Clayton Comstock also had been challenged in reaching Air, Wind and Solar. Ms. Luker discussed closing the structure on three (3) sides to create a loafing shed for their horses. The contractor had stated that he could enclose, not that he would. Air, Wind and Solar has a $15,000 deposit from Ms. Luker and her husband The Lukers believe in solar and want to support the technology. At this point, they have already torn down one shed. They do not wish to tear down another shed. If the contractor gets a permit and we refuse to put it there, we lose our deposit. Chairman Randall Shiflet suggested that this application could be continued to a future meeting to get these vendor issues resolved Clayton Comstock stepped in to provide direction to the Commission. There has been an assumption by Air, Wind and Solar regarding the placement of this structure. Originally the structure was proposed in the front yard. Zoning ordinance does not allow for variance of placement in the front yard. Such a request would require a Zoning Board of Adjustments hardship approval Next, reconsideration was made to the north end of the horse pasture. Original request was twenty six (26) feet in height. Staff was in support of lowering it and putting it in the back yard. That's why Paul Gaff brought it to the pasture, but the height was still at sixteen (16) feet. The size and scope was just too large for the Development and Review Committee to recommend. Staff recommends continuation to a future Planning and Zoning Meeting. Bill Schopper stated that it was insightful of the homeowner to consider seeking a different vendor. Penny Luker has paid the contractor fifteen thousand ($15,000) down payment. Her contract states that if the permit is denied, the deposit will be returned within five (5) days Filing fees for the SUP were five hundred sixty ($567), which was paid by the contractor. If you deny the permit, then we can get our money back. Chairman Randall Shiftlet opened Public Hearing for SUP 2014-10 at 07.43 P.M. City of North Richland Hills August 21, 2014 Meeting Minutes Planning&Zoning Commission Page 7 of 9 Maxine Shields; 7300 Stonecrest Drive, North Richland Hills, 76182; spoke in favor. Ms. Shields owns the home at the far south behind this solar panel's proposed location. Her only concern is if the panel were located right up next to their home, that the property value could be affected. Mark Woods; 617 Precinct Line Road; Suite 200 , North Richland Hills; spoke neither in favor or opposition, just providing information only. The adjacent housing development is to be built up directly adjacent to this property. As part of their due diligence, state laws were compared to HOA's ability to pass regulation on many things, including solar panels. Based upon state law, proposals were presented to Graham Ranch project. These proposals may be useful for the city when proposing solar panel regulations An example is that you can regulate design and height as well as how the panel affects neighboring properties. These regulations are well worth consideration of what HOAs, such as Harmon Farms could allow. Chairman Randall Shiftlet closed Public Hearing for SUP 2014-10 at 07:49 P.M. DENIAL Bill Schopper motioned to deny SUP 2014-10 as proposed. The motion was seconded by Mike Benton. The motion to deny was approved unanimously (4-0). C.6 TR 2014-04 Public Hearing and Consideration of amendments to Chapter 118 of the North Richland Hills Code of Ordinances (Zoning Ordinance) regarding townhomes in Tract 3a & 3b of the Town Center Zoning District; special use permits for businesses with more thant 75% alcohol revenues, smoking shops, telemarketing offices and after hours emergency clinics; and defining thoroughfare types in Transit Oriented Development Zoning District. John Pitstick came forward to present the staff overview of application TR 2014-04 amendments request. Hometown townhomes are scheduled to be limitd to ninety four (94). We are proposing to expand thoroughfare types to allow the same standards in the Transit Oriented District (TOD) as are required in Hometown. We are proposing a Special Use Permit (SUP) application for after-hours emergency clinics and telemarking businesses. We are proposing a Special Use Permit (SUP) for businesses with more than seventy five percent (75%) alcohol revenue, adult bars, in the Transit Oriented Development District (TOD). Chairman Randall Shiftlet opened Public Hearing for TR 2014-04 at 07:54 P.M. Chairman Randall Shift let closed Public Hearing for TR 2014-04 at 07:54 P.M. City of North Richland Hills August 21, 2014 Meeting Minutes Planning&Zoning Commission Page 8 of 9 APPROVAL Don Bowen motioned to approve TR 2014-04 as proposed. The motion was seconded by Bill Schopper. The motion passed unanimously (4-0). D.0 ADJOURNMENT There being no other business, the meeting adjourned at 7:58 P.M. Ch an Secretary Randall Shiflet owen City of North Richland Hills August 21, 2014 Meeting Minutes Planning&Zoning Commission Page 9 of 9