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Home My WebLink AboutPZ 2015-05-07 Minutes MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS May 7, 2015 WORK SESSION The Planning and Zoning Commission of the City of North Richland Hills, Texas met in work session on the 7th day of May 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 Bill Schopper Place 6, Vice Chairman Mike Benton Place 2 Mark Haynes Place 1 Absent: Kathy Luppy Place 5 Don Bowen Place 3, Secretary Steven Cooper Place 7 Jerry Tyner Ex-Officio Staff Members: Paulette Hartman Assistant City Manager Clayton Comstock Planning Manager Chad VanSteenberg Assistant Planner Caroline Waggoner City Engineer Cindy Garvin Recording Secretary Call to Order Chairman Shiflet called the meeting to order at 6:30 p.m. 1. General Announcements-upcoming city events Planning Manager, Clayton Comstock presented announcements. Continuation of Sounds of Spring Pending some rain it may be moved inside but will still be going on 2. Discuss development activity report and City Council action Planning Manager, Clayton Comstock discussed development activity. City Council did not having any Planning and Zoning Items on their April 27th meeting May 7,2015 P&Z Minutes Page 1 3. Review and Discuss Proposed Amendments to Ordinance 3343 related to Solar Panels Planning Manager, Clayton Comstock presented announcements of revision to Ordinance to 3343 the new Ordinance number 3358 regarding Solar Panels. 4. Adjournment • There being no other business, Chairman Shiflet adjourned the work session at 6:57 p.m. REGULAR PLANNING AND ZONING COMMISSION MEETING Present: Randall Shiflet Place 4, Chairman Bill Schopper Place 6, Vice Chairman Mike Benton Place 2 Mark Haynes Place 1 Absent: Kathy Luppy Place 5 Don Bowen Place 3, Secretary Steven Cooper Place 7 Jerry Tyner Ex-Officio • Staff Members: Paulette Hartman Assistant City Manager Clayton Comstock Planning Manager • Chad VanSteenberg Assistant Planner Caroline Waggoner City Engineer Cindy Garvin Recording Secretary { A.0 CALL TO ORDER • • Chairman Shiflet called the May 7, 2015 meeting to order at 7.00 p.m. Chairman, Randal Shiflet announced that all Commission members are present with the • exception of Kathy Luppy, Steven Cooper, Don Bowman and Gerald Tyner absent due to other commitments. May 7,2015 P&Z Minutes Page 2 A.1 PLEDGE OF ALLEGIANCE Mike Benton led the National Pledge of Allegiance. Mike Benton led the Texas Pledge of Allegiance. EXECUTIVE SESSION The Planning and Zoning Commission may enter into closed Executive Session as authorized by Chapter 551, Texas Government Code. Executive Session may be held at the end of the Regular Session or at any time during the meeting that a need arises for the Planning and Zoning Commission to seek advice from the city attorney (551.071) as to the posted subject matter of this Planning and Zoning Commission meeting. The Planning and Zoning Commission may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 51, Texas Government Code. B.0 CONSIDERATION OF MINUTES B.1 Approve minutes of the April 16, 2015 Planning & Zoning Commission Meeting. APPROVED MARK HAYNES MOVED TO APPROVE MINUTES OF THE APRIL 16TH, 2015 MEETING. MIKE BENTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 4-0 C. PUBLIC HEARINGS C.1 TR 2015-01, Ordinance No. 3358, Public Hearing and Consideration of amendments to Sections 118-1, 118-718, and 118-719 of the North Richland Hills Code of Ordinances (Zoning Ordinance) regarding regulations for solar energy systems and other accessory structures. Clayton Comstock came forward to present the revision of Ordinance 3358 section 118- 718 regarding solar energy systems. City staff recommends removal of Special Use Permit requirements for street facing solar panels, increasing the maximum separation between a solar panel and pitched roof from 6 inches to 8 inches and adding a maintenance section. May 7,2015 P&Z Minutes Page 3 Chairman Randall Shiflet opened the public hearing on TR 2015-01 Lori DeLaCruz, 6836 Parkwood Dr., NRH, came forward and is for the revised ordinance. She would like to thank the Commission for listening to the residents of North Richland Hills through the petition and through the survey that the City passed out. She said it came out exactly how we thought it would, the residents are not as concerned about aesthetics as this Commission and the City Council are so hopefully we have been able to educate you a little bit about what our residents want. Lori DeLaCruz also wants the city aware of some news that came out yesterday from the National Oceanic and Atmospheric Administration that our air quality is a global problem. It posted more than 400 parts per million of CO2 for over a month, in the month of March, this is a very serious problem. We need to let people take responsibility to generate their own electricity. Larry Howe, 1717 Cathedral Dr., Plano, Texas with the Texas Solar Energy Society, a non- profit organization, is for the revised ordinance change. He wants to thank commissioners for listening to local citizens. Mr. Howell is very supportive of removing the SUP. He wants screening requirements removed also and stated that if solar panels will be visible on the roof, then why not on the ground? Height restrictions may have to be done because of some concern of production or construction. The Special Use Permit requirement seems very reasonable, although if residents have an issue they could take that to the Zoning Board of Adjustment. Maintenance requirement seems like a good concept. He is very supportive of a future solar panel Town Hall meeting. Daniel Lipinski, 6844 North Park Dr., NRH is for the revised ordinance change. He would like to clarify that the HOA status for the State of Texas does limit the HOA ability to restrict solar panels but it does not impose screening restrictions, so he asks the Commission to please keep the State statute in mind please. Mr. Lipinski believes that some of the questions from the City Survey were not well worded. Ground mounted screening should not be an issue after looking at several cities that have already looked into this and have determined that it was not needed and he feels it will add to the cost of a small system in the back yard if you do not have a fence. Finally, the aspect of the maintenance requirement, the City does not have the means to determine if the system is operational and this should not be the City's worry. James Orenstein 1802 Rocky Creek Dr. Duncanville Tx. stated I agree with proposed changes to the ordinance, except for the maintenance requirements, but I am opposing approval of the changes because they do not remove the requirements for opaque screening and limited height of ground mounts. The maintenance requirement is not necessary in the case of visible damage or disrepair because you should already have the authority to require repair of such problems. It is not useful in the case of non- functioning devices which are not visibly damaged since this is difficult to detect. The use of the term "inoperable" is a problem for many reasons, but in particular because of the common use of module level electronics (most commonly implemented as Miro- May 7,2015 P&Z Minutes Page 4 Inverters), one of whose competitive advantages is that failure of an individual unit does not constitute a safety hazard or degrade the performance of the rest of the system, so that repair or replacement can be deferred until convenient or economically advantageous. Mr. Orenstein would like to encourage the Commissioners to have an open Town Hall meeting before concluding your changes. Bob Powers 6616 Hillside Ct, has lived here in the City for 31 years, has a degree in accounting. Mr. Powers would like to thank you for making these changes, he has been concerned about the regulations and he would like to see us progress in the manor with making us more energy self-sufficient. And by adopting the changes we will be progressing forward. Bill Byrd, 6505 Spring River Ln., NRH is for approval, did not wish to speak. David Franklin, 1832 Realistic Ct., Bedford, TX. is for approval, did not wish to speak. Chairman Randall Shiflet closed the public hearing Mike Benton asked Clayton Comstock if by changing the ordinance we are allowing front mounted solar panels with no SUP? Clayton answered yes that is correct. Mr. Benton did a survey his own neighborhood and not one neighbor wanted a front- facing solar panel system. But he does love the idea of solar and free energy and wants to make the citizen aware with a Town hall meeting. Denied Mike Benton made a motion to deny TR 2015-01, Mark Haynes seconded the motion Mark Haynes says before we make any other changes he would like to see a Town Hall meeting to inform the citizens before we make any changes. Bill Shopper has a problem with City's making more builders spending more money, he does not like the solar panels on the front of the home, and aesthesis is a big part of the commissioner's job and is looking for more critical information. MOTION TO DENIED 4-0 ADJOURNMENT Chairman Shiflet adjourned the meeting at 7:49 p.m. May 7,2015 P&Z Minutes Page 5 3 Secretary Recording Secretary at, Q itgato4"-/ OA ZatPliv Don Bowen Cheryl : -f- " 3E � 3 pI May 7,2015 • P&Z Minutes Page 6