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HomeMy WebLinkAboutPZ 2015-04-16 MinutesMINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS April 16, 2015 WORK SESSION The Planning and Zoning Commission of the City of North Richland Hills, Texas met in work session on the 16t day of April, 2015 at 6:30 p.m. in the City Council Workroom prior to the 7:00 p.m. regular session. Present: Randall Shiflet Place 4, Chairman Don Bowen Place 3, Secretary Bill Schopper Place 6, Vice Chairman Mike Benton Place 2 Steven Cooper Place 7 Mark Haynes Place 1 Kathy Luppy Place 5 Jerry Tyner Ex- Officio Absent: Kathy Luppy Place 5 Staff Members: Paulette Hartman Assistant City Manager Clayton Comstock Planning Manager Chad VanSteenberg Assistant Planner Caroline Waggoner City Engineer David Russell Engineer Associate Cheryl Booth Recording Secretary Call to Order Chairman Shiflet called the meeting to order at 6:30 p.m. A.1 General Announcements- upcoming city events Planning Manager, Clayton Comstock presented announcements. Sounds of Spring concert series is currently underway on Friday evenings at NRH Centre Plaza. This weekend is the spring clean -up /bulky item drop -off at Tarrant County College campus. Chairman, Randal Shiflet announced that all Commission members are present with the exception of Kathy Luppy. Kathy Luppy is absent because due to responsibilities involved for a school field trip. A.2 Discuss development activity report and City Council action April 16, 2015 P8Z Minutes Page 1 Planning Manager, Clayton Comstock discussed development activity. The planning department has been busy with site submittals which include new construction for Wendys and What -A- Burger in the Kroger Marketplace development; a professional garden office; AT &T Store and Pacific Dental, going next to Aldi on Davis Boulevard; CVS Pharmacy in the Kroger Marketplace development and Dolce Living Phase II in Hometown. There will be a third phase coming. City Council heard a couple of cases. The Melson case involved a renovated barn without permits. The application was approved subject to Planning & Zoning Commission recommendations. The Building Official has sent letters to the builder, removing them from the list of registered contractors in the City. The contractor would require approval before the Zoning Board of Appeals in order to build again in North Richland Hills registration. Recommendations required at the property include trees and facing material. Two (2) more trees were to be planted. The tin facing of the barn will be changed to either shingles or paint. Plat for CVS was approved. A.3 Discussion regarding the results of solar survey Planning Manager, Clayton Comstock presented announcements of the solar survey. December, 2014, City Council passed ordinance 3343 to address solar panels and accessory buildings. About a month after, a petition was received with over 800 signatures to repeal ordinance 3343. There are state statutes and case law that a zoning ordinance cannot be repealed by petition. Therefore, the solar panel ordinance was not repealed. But the voice is being heard. City sent a survey to sixteen hundred (1600) residents which included each survey participant. Half of these petitions were randomly selected from Tarrant County. The petition was validated by the City Secretary's office. Survey response was statistically significant and was a great twenty eight (28)% response. Responses were separated between petition and random selection groups. Responses between the two groups were generally consistent. Staff is looking for a bit of information. Results do not dictate policy provisions on it's own merit. There were nine (9) questions regarding roof and ground mounted solar panels. 1- regarding appearance. About 1/3 do not care what solar panels look like. About 2/3 do care, but it is not a strong role. 2- regarding ground- mounted maximum height. Majority did say maximum height should be between six (6) to eight (8) feet tall. 3- regarding maximum size. Majority, fifty five (55)% said it should be between three hundred (300) and five hundred (500) square feet. Thirty nine (39)% said there should be no size limit. 4- regarding height and screening. Majority said there should be some sort of screening. April 16, 2015 PU Minutes Page 2 5- regarding notification of ground mounted solar units prior to installation. Close to half the respondents said they should not be notified. 6- regarding roof mounted location. Majority find any location acceptable, including street visible. 7- regarding confining within the roof edge. Majority did believe the panel should be contained within the roof edge. 8- regarding height above the room. Majority did believe the panels should not stick up from the roof top. In other words, the panel should be in line with the normal roof line. 9- regarding notification of roof mounted panels in your neighborhood. Majority do not wish to be notified. This would be a case where we might like to look at the SUP requirement regarding notification. P &Z Commission discussion is seeking what portions of the solar ordinance should be revised. From the survey results, ordinance points in question would be for ground mount regarding screening requirements, maximum height and maximum size. For roof mount, points in question would be for location on the roof, size, position and angle and separation between the panel and roof - perhaps 8 inches would be more appropriate. Dan Lepinski provided a list of the items wishing for review from the ordinance. Chairman, Randall Shiflet inquired if solar panels are eliminated from the front yard. Mr. Comstock responded that, the front yard is already restricted based upon the accessory structure restrictions. Mr. Comstock stated that Dan Lepinski has requested to speak to the Commission. Chairman, Randall Shiflet agreed to grant this request with a three (3) minute limit. Dan Lepinski; 6844 North Park Drive; North Richland Hills, TX spoke. He commended Clayton Comstock for a very reasonable job in presenting the concerns. He stated that there was some confusion regarding the height of screening. He stated that North Richland Hills is the only city who requires screening. He would like to spend his time allotment to answer questions for the Commissioners. Mike Benton inquired about seeing more examples of front facing solar panel options. Dan Lepinski responded that aesthetics are paramount to installations. There are color restrictions and number of cells that restrict shape of panels. There are not pieces that can fill in the triangular shape. He said he would be happy to provide sample photos of installation examples to the Commission. He stated that there are installers do not consistently do quality installation work. There are certain things that can be done to provide consistency. An ugly system actually costs more to put in. April 16, 2015 P&Z Minutes Page 3 Steve Cooper inquired about home owners insurance. Response was that most of them do. It is up to the individual home owner's insurance carrier. Steve Cooper inquired about lease systems. Response was that the lease unit would be replaced as part of the lease agreement. The revenue stream is based upon continued performance, so it is in the company's best interest to repair quickly. Usually the solar panels help protect the roof. Mark Haynes inquired about the reason for the change from six (6) inch to eight (8) inch gap between the roof and the panel. Response was the national electric code requires visual inspection of the bottom of the panel. If not lifted, that inspection is not possible. It is also a thermal issue. The cooler the unit is, the more efficiently it will operate. Mr Lepinski stated that he neither sells nor installs solar panels. He is absolutely in the city's camp on the one solar panel that was denied and ignited this fire storm. He wants to work with the Commission to help improve the solar process for this community. Larry Howe, 1717 Cathedral Drive; Plano, TX spoke as a volunteer. He is a Board member of the Texas Solar Energy Society. He wishes to point out that the south - facing panel orientation is an operational requirement. The surveys are fairly rigid one - way questioning. He recommends moving forward by establishing more work -shop round -table discussions with the Commission and interested citizens for more back and forth questioning. Nancy Bowman, 8229 Vine Wood Drive; North Richland Hills. I am the past president of the Forest Glenn Homeowners Association and am speaking at the behest of the new president regarding laws that were passed in the Texas Legislature that HOAs cannot restrict homes from solar installations on the south side if that placement would increase energy by at least ten (10) %. Ms. Bowman was very involved in writing this policy for her HOA. Chairman, Randall Shiflet stated that this answered one question that he had of staff about HOA restrictions by the state. Another thing that he would like to see is federal rebate facts from someone. He receives daily emails and weekly phone calls about government rebates. Mr. Lepinski stated that he can provide that federal rebate information. Chairman Shiflet asked that this be turned into staff who will get it to the Commission. He is open to any other questions and comments from Commissioners. Chairman Shiflet would like to see more of an informational back and forth discussion. The mayor indicated that it would be easier to pass a tighter regulation, then back off on it, than it is to pass a weak one and have to implement more stringent regulations. April 16, 2015 P&Z Minutes Page 4 Clayton Comstock reiterated that this was not advertised as a public hearing. This was the Commission's decision to open up for discussion, allowing the interested parties to present this evening. This was not advertised as a Public Hearing. It is not typical of P &Z work sessions to ask for discussion from the public. Chairman Shiflet is willing to work with staff and interested parties to come up with recommendations to back off a bit on the solar ordinance in the best interest of the community. It would not be inconsistent of the Commission to request public feedback seeking more information. A.4 Discuss items from the regular Planning and Zoning Commission meeting Planning Manager, Clayton Comstock presented ZC 2015 -08 Legacy Church of Christ request for a zoning change from 1 -1 -Light industrial and R -1 -S — Special Single Family to U- School, Church, Institutional on 21.277 acres located at 8801 Mid Cities Boulevard and 8601 Cardinal Lane. They have purchased a property and want to use it for church purposes. Planning Manager, Clayton Comstock presented consideration of a request from OCH Development, LLC for a Preliminary Plat of the The Villas at Smithfield, 93 residential lots and 10 open space lots on 13.479 acres located in the 8200 block fo Odell Street and Northeast Parkway. This is the first large subdivision located within the TOD zoning district. 13.0 Adjournment There being no other business, Chairman Shiflet adjourned the work session at 7:10 p.m. REGULAR PLANNING AND ZONING COMMISSION MEETING A.0 CALL TO ORDER Chairman Shiflet called the March 17, 2015 meeting to order at 7:15 p.m. A.1 PLEDGE OF ALLEGIANCE Jerry Tyner led the National Pledge of Allegiance. Jerry Tyner led the Texas Pledge of Allegiance. Chairman, Randal Shiflet announced that all Commission members are present with the exception of Kathy Luppy. Kathy Luppy is absent due to responsibilities involved for a school field trip. He clarified that Gerald Tyner is Ex- Officio capacity on the Commission. This capacity, according to our city charter does allow him to participate in the discussions, but does not allow him to vote on any cases. April 16, 2015 P&Z Minutes Page 5 B.0 CONSIDERATION OF MINUTES B.1 Approve minutes of the March 19, 2015 Planning & Zoning Commission Meeting. APPROVED BILL SCHOPPER MOVED TO APPROVE MINUTES OF THE MARCH 19, 2015 MEETING. STEVEN COOPER SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. C. PUBLIC HEARINGS CA ZC 2015 -08 Public Hearing and Consideration of a request from Legacy Church of Christ for a Zoning Change from 1 -1 — Light Industrial and R -1 -S — Special Single Family to U — School, Church, Institutional on 21.277 acres located at 8801 Mid Cities Boulevard and 8601 Cardinal Lane. APPROVED Chairman Shiflet called on Assistant Planner, Chad VanSteenberg to present the item. Assistant Planner, Chad VanSteenburg presented. Legacy Church of Christ sits on eighteen (18) acres. The primary purpose is to adjust the zoning to better reflect the actual use of this property. City staff approached the church about two (2) years ago about this zoning request change. An adjacent residential property was purchased in 2013 for additional church office space. This zoning would unify the two properties. The current residential is in the process of converting to non - residential use. As part of the initial construction, City Council approved an SUP in July' 2000 authorizing the use of building materials other than masonry. If the zoning request was approved, the SUP would become no longer valid. Any non - conforming building materials would become legal non - conforming and would need to be repaired or replaced as needed. Staff does recommend approval of this application. Applicant Dr. Robert Mullen, Ed, D.; 7709 Perkins Drive; North Richland Hills, TX presented the request and was available to answer questions from the Commission. He is minister of the church. The church has recognized that 106,000 square feet was not adequate to meet our growing needs. Mid 2014, the church made the purchase of an adjacent residential property. We are committed to upkeep of this property so it does not run down in any way. The short term use for this former residential property is for current church ministries; food pantry (open twice a day), pillow- making ministry, as a wedding and baby shower venue and for additional meeting room. The Commission had no questions for staff or the applicant. Chairman Shiflet opened the public hearing at 07:23 p.m. asking for anyone wishing to speak on the item to come forward. April 16, 2015 P8Z Minutes Page 6 Earl Patricia Matthews; 8608 Martin Drive; North Richland Hills did not wish to speak. He is unsure if he supports or opposes the application. Chairman Shiflet closed the Public Hearing at 7:23 p.m. MIKE BENTON MOVED TO APPROVE ZC 2015 -08. BILL SCHOPPER SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. D. PLANNING AND DEVELOPMENT D.1 PP 2015 -01 Consideration of a request from OCH Development, LLC for a Preliminary Plat of the The Villas at Smithfield, 93 residential lots and 10 open space lots on 13.479 acres located in the 8200 block of Odell Street and Northeast Parkway APPROVED Chairman Shiflet called on Planning Manager, Clayton Comstock to present the item. Planning Manager, Clayton Comstock presented the staff report for consideration of a request from OCH Development for preliminary plate of The Villas at Smithfield, located on 13.479 acres located in the 8200 block of Odell Street and Northeast Parkway. This is the first major development within the Smithfield TOD. This is a concept plan. Staff has worked with the developer on this conception plan regarding street layout and plot layout so that it meets code. This final concept plan was resolved on April 15, 2015. These are for forty eight (48) lots of thirty (30) feet wide attached town homes. And forty five (45) lots of forty (40) feet wide detached single family residential units. Open space equates to 6.9 % of the area. All lots are alley -fed, as a requirement of the TOD for any lots less than sixty (60) feet. Garages open towards the alley. The Development Review Committee does recommend approval of this application. Clayton Comstock announced that this is a preliminary plat. This is not a public hearing as the TOD (Transit Oriented Development) zoning has already been approved by City Council. Therefore, the neighbors were not notified of this application. As this moves forward into final plat stage and ground starts to move, there will likely be a courtesy notification of the neighbors. Applicant Jason Weaver; 2405 Mustang Drive; Grapevine, TX came forward to present the application. He is Civil Engineer for Goodwin and Marshall operating on behalf of Our Country Homes for the development of this property. This development is composed of two (2) products. There are townhomes serving four (4), five (5) and six (6) families. We are working through architectural elements to meet the TOD requirements. Street lights are located every thirty (30) feet in front of the houses. Everything is alley - loaded. There are open green corners for active uses such as children playing and dog - walking. There are more formal areas in the center to April 16, 2015 P&Z Minutes Page 7 accommodate rotating art work. Units face into the middle section. We are working with Carolyn and Staff where the alley exits out onto Northeast Parkway. There is a visibility issue, which we are working to resolve. Today, I am presenting a chart from the Ashto Manual of stopping distances. It shows design speeds and recommended stopping sight distance. There is a speed bump installed which already slows traffic below the thirty (30) mile per hour assumption worked into this chart. I don't see this as an ideal situation. There are eleven (11) lots feeding the alley. If this is a continued sticking point for Staff, we can look at dumping the alley into the sub division. The final lot would need to be shifted to accommodate that change. The second product is single family thirty (30) foot wide a zero lot line home with five (5) feet between the homes. We recommend decomposed granite or gravel component, not sod between the houses for optimal drainage and maintenance. Steven Cooper inquired about the turn out of this area onto Northeast Parkway. He works with high school students now and knows how they drive. He is concerned with elderly residents who may be attracted to this type of housing. The driving acuity may not be the most ideal for an exit onto a busy street. Caroline Waggoner stated that the speed bump could come out in the future. Therefore, staff is reluctant to rely on the speed bump moving forward as a factor in slowing traffic. There has been some internal discussion about making this an entrance only. The option of shifting one lot out to move the alley to the inside of the subdivision is being discussed. Chairman Shiflet inquired about width of lot size. Thirty five (35) feet seems so small. He inquired if lot one (1) with a forty five (45) feet width could be a possible place to gain more space per home? Applicant, Weaver stated that they may be some need for leeway with relocation of the alley. More likely than not, lots ten (10) and eleven (11) would be affected, along with a portion of the green space. This being a TOD development, the intent is for high density use. If there is any extra space, it will go to lot eleven (11). We are still working out the design details with Staff. Chairman Shiflet inquired about the green space titled "block H" near Cottonbelt Lane on the west side. He wants to ensure there is adequate space for pedestrians and bicycles to get away from auto traffic. Applicant, Weaver noted that lot twenty (29) is owned by Dustin Austin with Our Country Homes. The intent was to purchase that entire corner from the Dutton family. They were unable to come to agreement with the Duttons on that purchase. Therefore, that lot will become open space at the current time. There will be some way in the future with creating some sort of circular drive in that area. There is already a lot of congestion on David Boulevard, near the Mobile station. TX DOT will not allow another driveway into the subdivision from the adjacent commercial development. This is a April 16, 2015 P&Z Minutes Page 8 TOD area, so there will be a desire to funnel folks to the train station. We can't control what the commercial property does in the adjacent lot. Chairman Shiftlet announced that this is not a public hearing as the TOD has already been approved by City Council. BILL SCHOPPER MOVED TO APPROVE PP 2015 -01. MARK HAYNES SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. E. ADJOURNMENT Chairman Shiflet adjourned the meeting at 07:45 p.m. Chairman W Randal Shiflet April 16, 2015 P&Z Minutes Page 9 Recording Secretary Cindy Ga