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HomeMy WebLinkAboutCC 1998-09-15 Minutes MINUTES OF THE CITY COUNCIL WORK SESSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE PRE-COUNCIL ROOM AT CITY HALL, 7301 NORTHEAST LOOP 820, NORTH RICHLAND HILLS - SEPTEMBER 15, 1998 Present: Charles Scoma Don Phifer Lyle E. Welch Frank Metts, Jr. JoAnn Johnson Matt Milano Cheryl Cowen Lyman Mayor Mayor Pro Tern Councilman Councilman Councilwoman Councilman Councilwoman Staff: Larry Cunningham Randy Shiflet Ron Ragland Patricia Hutson Rex McEntire James Saint Barry LeBaron Christopher Baker City Manager Deputy City Manager Assistant City Manager City Secretary City Attorney Assistant to City Manager Director of Planning Planner Absent: Russell Mitchell Councilman Mayor Scoma called the work session to order at 6:00 p.m. The purpose of the first half of the work session was to discuss with the Zoning Board of Adjustment ideas and priorities related to their board. The second half of the work session was for the purpose of discussing with the Planning and Zoning Commission issues related to their board. The following Zoning Board of Adjustment Members were present: Tommy Duer Bill Schopper Cindy Martin Paul Young Mayor Scoma reviewed the goals of the City Council with the board members. The Zoning Board of Adjustment's primary focus will be Goal NO.2 - quality development and planning through buildout. Mr. Shiflet presented an overview of Title 7 of the Local Government Code, regulating the Zoning Board of Adjustment. The authority of the Board was discussed as set out by Section 211.09 of Title 7. Mayor Scoma advised the Council had discussed and reached a consensus on "unnecessary hardship" and "spirit of the ordinance". He advised the Council felt there was a great deal of effort that goes into establishing codes and ordinances and they are established for the purpose of being enforced. A Council Work Session Minutes September 15, 1998 Page 2 hardship does not exist when individuals take it upon themselves to circumvent ordinances. He advised that when the Board is presented with issues that are occurring frequently, the Council needs to be informed so that ordinances can be reviewed and amended, if needed. Mr. Rick Enlow, Zoning Board of Adjustment Member, now present at 6:32 p.m. The Council discussed with the Board that hardships may be caused when the City makes changes to its ordinances and regulations or when individual circumstances change, i.e., a health situation that did not exist previously. The City's goals of raising standards were discussed. There was considerable discussion on carports, carport standards and the enforcement of stipulations placed on variances. They discussed the importance of receiving good information from Staff to assist them in their decisions. The Board expressed a desire for more support from Staff and Council regarding standards. The Council discussed the need to pass minimum standards for carports. The Mayor advised that the Council would look at establishing guidelines for carports. The Council and Board Members discussed plats that were platted under different standards. They discussed the desire to interpret and enforce ordinances as written, and as considerations are being made, to reinforce the goals established by the City Council and raise standards. They felt it is important for everyone to understand that the City is moving to higher standards and that there will be a gray transitional area and some exceptions. The City needs to communicate and emphasize that it is moving to higher standards and is not willing to accept lower standards. The citizens need to be educated to help them understand the direction the City is moving. The Board was also advised that the landscaping and sign provisions will be removed from the Zoning Ordinance and they will be appealed to the City Council rather than the Zoning Board of Adjustment. The Mayor encouraged the Board Members to be sensitive to the community, to keep the City Council informed, to develop ideas and to bring their ideas back to the Council. The Board was encouraged to contact the Council any time they needed to discuss an issue or if they had any needs. It was agreed that the Council would meet with the Zoning Board of Adjustment once a year as a minimum and as needed during the year. Specific concerns of the Council and Board Members were discussed. Councilman Metts asked if the Council could document the past philosophy of the Council and possibly amend the ordinance in an effort to help the Board when they have difficult decisions to make. The Mayor felt it would be more appropriate for Council to adopt a resolution stating the fact that based upon the new goals and objectives of the City, the Council has taken the position that all ordinances will be enforced in the spirit of the ordinance. The Board also felt that a resolution from the Council would help to give them the support that they needed. The Board Members expressed a desire to be notified in advance when the Council is considering changes to an ordinance and the Board would like to know what the concerns of the Council are relating to the change. Mr. Schopper advised of situations where a property owner had tried to obtain a permit for minor work (portable buildings, carports, fences) being performed by a contractor. The property owner was unable to obtain the permit because the contractor's license was needed and the contractor would have to obtain the permit. He felt the property owner should be able to come in and get a permit when a Council Work Session Minutes September 15, 1998 Page 3 contractor is doing a minor job. Mr. LeBaron advised that a contractor's license should not be required to obtain a permit for accessory buildings or other small repairs/construction projects that the homeowner can do. Staff will take steps to correct this problem. RECESS The Council concluded their work session with the Zoning Board of Adjustment and Mayor Scoma recessed the meeting at 7:22 p.m. BACK TO ORDER The Mayor called the meeting back to order at 7:32 p.m. with the same Council Members and City Staff present. The following Planning and Zoning Board Members were present: Mark Wood Richard Davis Don Bowen Doug Blue James Laubacher Ted Nehring Paul Miller Mayor Scoma reviewed the goals of the Council with the Planning and Zoning Commission as they apply to the Planning & Zoning Commission. He advised that Goal NO.2 focuses the greatest on the activities encountered by the Planning and Zoning Commission and he discussed this goal in detail. Mr. Shiflet gave a synopsis of legislative and legal ramifications as they apply to the Planning and Zoning Commission. He briefly highlighted Chapter 212 of the Local Government Code, which addresses planning and zoning regulations. The Council and Planning and Zoning Commission discussed issues relating to subdivision regulations. They discussed brick and masonry issues that have been arising. The interpretation of masonry was discussed. Because there are so many types of materials that fall under the definition of masonry, it was agreed that the definition of masonry needed to be included in the Zoning Ordinance. The Planning and Zoning Commission will make a recommendation to the City Council for a definition of masonry. There was discussion regarding side and rear entry garages and whether there were problems with developers not wanting to accommodate side/rear entry garages. Front swing-in garages and related issues were discussed. Mr. Wood felt that problems were created when Council decreased the front building line from 25 feet to 20 feet. There was discussion on the GPS plotting system. The Council questioned whether a GPS plot was needed from an individual with a small plat. They discussed the system, the impact it has on the City when the requirement is waived, and possibly considering a size limitation. The Mayor requested a recommendation from the Planning and Zoning Commission and Staff so that the Council would not have to address this issue on an individual basis. It was agreed that recommendations would be forwarded to the Council identifying the advantages and disadvantages of requiring it. The criteria for establishing R-1S zoning was discussed by the Council and Board Members. There was discussion on whether it should be a district rather than one lot in an area. There was discussion on sidewalk requirements. The Planning and Zoning Commission felt that sidewalks Council Work Session Minutes September 15, 1998 Page 4 were being waived too often. They also felt that curb and gutter should be required on streets that are not curbed and guttered. The Council discussed their opinion of sidewalks and the consensus was that the City should be consistent with the ordinance in requiring sidewalks. Next, the Council and Board discussed issues related to platting. There was discussion on concrete vs. earthen drainage channels, site plan approval for commercial buildings and/or commercial zoning and traffic studies for future development. The pressure the City is receiving from EPA and TNRCC to construct earthen channels was discussed. The Council and Board discussed future maintenance of earthen channels. It was suggested that in a commercial setting a maintenance covenant be attached to a channel for future maintenance by the developer. Staff direction was requested on the maintenance issue. It was agreed that earthen channels would be the city's preference and concrete would be used if there was a desire to reclaim land. There was extensive discussion on site plan approval. It was felt that site plans needed to be reviewed by staff to ensure that the spirit of what the developer told the city during the platting process was being met. Staff advised that the Building Official was proposing a Design Review Committee. It was suggested that Staff should submit some recommendations for Council consideration. In regards to traffic studies, they discussed the need for studies to be done for major projects. When traffic issues are raised by citizens, the Board and Council need to be able to respond to their concerns. Traffic control at major intersection points should also be a major consideration. There was discussion on the Town Center regulations and the need to decide at what point to consider it as being viable for new developments and whether to include it in the Subdivision Ordinance. It was concluded that recommendations were needed on whether traffic studies needed to be developed and if so, the criteria that would trigger that type of activity. The Planning and Zoning Commission agreed to meet again with the Council on October 13 at 6:00 p.m. to continue discussion of planning and zoning issues. Mayor Scoma adjourned the work session at 8:58 p.m. ATTEST: ~Cld ~ atricia Hutson - City Secretary