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PZ 2015-11-05 Agendas
P1111111IR NOKTH RICHLAND D HILLS CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION AGENDA 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TX 76180 THURSDAY, NOVEMBER 5, 2015 WORK SESSION: 6:30 PM Held in the City Council Work Room CALL TO ORDER 1. Announcements - Upcoming City Events 2. Discuss development activity report and City Council action. 3. Discuss Items from the Regular Planning & Zoning Commission Meeting. REGULAR MEETING: Immediately following worksession (but not earlier than 7:00 pm) Held in the City Hall Council Chambers A. CALL TO ORDER A.1 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 551, Texas Government Code. B. MINUTES B.1 Approve minutes of the October 15, 2015 Planning & Zoning Commission Meeting. C. PLANNING AND DEVELOPMENT Thursday November 5, 2015 Planning and Zoning Commission Agenda Page 1 of 2 C.1 PP 2012-04 Consideration of a request from Kathy Marthe for an extension of the approval for the Preliminary Plat of Glenann Addition on 2.277 acres located in the 8600 block of Simmons Road. D. PUBLIC HEARINGS D.1 ZC 2015-22 Public Hearing and consideration of a request for a Zoning Change from Redevelopment Planned Development 64 (RD-PD-64) and C-1 Commercial to Redevelopment Planned Development (RD-PD) on 8.5125 acres located at 6700, 6704, and 6720 NE Loop 820. D.2 TR 2015-03 Public Hearing and consideration of zoning text amendments to Chapter 118 of the North Richland Hills Code of Ordinances related to Restaurants and Drive-Through Service. E. ADJOURNMENT Certification I do hereby certify that the above notice of meeting of the North Richland Hills Planning and Zoning Commission was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551 , Texas Government Code on November 2, 2015 at 4:00 PM. City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. Thursday November 5, 2015 Planning and Zoning Commission Agenda Page 2 of 2 D MFIt NC:KTH KIC H&.AND HILLS PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the City Manager Date: November 5, 2015 Subject: Announcements - Upcoming City Events Presenter: Clayton Husband, Principal Planner Summary: General announcements and upcoming events in North Richland Hills. General Description: At each Planning & Zoning Commission meeting a member of staff announces upcoming events in the City. Packet Pg. 3 D MFIt NC:KTH KIC H&.AND HILLS PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the City Manager Date: November 5, 2015 Subject: Discuss development activity report and City Council action. Presenter: Clayton Comstock, Planning Manager Summary: Staff will present a summary of current development activity. General Description: The Planning & Zoning Commission will be presented with items being considered by the Development Review Committee (DRC). Staff will also present previous City Council action. Packet Pg.4 D MFIt NC:KTH KIC H&.AND HILLS PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the City Manager Date: November 5, 2015 Subject: Discuss Items from the Regular Planning & Zoning Commission Meeting. Presenter: Clayton Comstock, Planning Manager Summary: The purpose of this item is to allow the Planning & Zoning Commission the opportunity to discuss any item on the regular Planning & Zoning Commission agenda. General Description: The purpose of this item is to allow the Planning & Zoning Commission the opportunity to inquire about items that are posted for discussion and deliberation on the regular Planning & Zoning Commission agenda. The Commission is encouraged to ask staff questions to clarify and/or provide additional information on items posted on the regular agenda. Packet Pg. 5 B.1 MFIt NC:KTH KIC H&.AND HILLS PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the City Manager Date: November 5, 2015 Subject: Approve minutes of the October 15, 2015 Planning & Zoning Commission Meeting. Presenter: Clayton Comstock, Planning Manager Summary: The minutes are approved by majority vote of the Commission at the Planning & Zoning Commission meetings. General Description: The Planning & Zoning Office prepares action minutes for each Planning & Zoning Commission meeting. The minutes from each meeting are placed on a later agenda for review and approval by the Commission. Upon approval of the minutes, an electronic copy will be uploaded to the City's website. Recommendation: To Approve minutes of the October 15, 2015 Planning & Zoning Commission Meeting. Packet Pg. 6 B.1.a 0 MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS OCTOBER 15, 2015 E WORK SESSION CL The Planning and Zoning Commission of the City of North Richland Hills, Texas met in cm work session on the 15th day of October 2015 at 6:21 p.m. in the City Council Workroom prior to the 7:00 p.m. regular session. 0 Present: Randall Shiflet Place 4, Chairman 0 Bill Schopper Place 6, Vice Chairman Mike Benton Place 2 Steven Cooper Place 7 U) Kathy Luppy Place 5 Jerry Tyner Ex-Officio Absent: Don Bowen Place 3, Secretary Mark Haynes Place 1 Staff Members: Paulette Hartman Assistant City Manager Clayton Comstock Planning Manager Clayton Husband Principal Planner Chad VanSteenberg Planner Caroline Waggoner City Engineer Justin Naylor Engineer Associate Marrk Callier Management Assistant Cheryl Booth Recording Secretary 0 CL Ln cm Call to Order 0 Chairman Shiflet called the meeting to order at 6:22 p.m. 0 1. General Announcements-upcoming city events U) Planning Manager, Clayton Comstock presented announcements. The City of North Richland Hills staff, board and commission members were issued a Planning Excellence Award at the Texas APA Conference last week. This is acknowledgment of continuing education and commitment to excellence. October 15,2015 P&Z Minutes Page 1 Packet Pg. 7 B.1.a 0) 2. Discuss development activity report and City Council action 0 Planning Manager, Clayton Comstock discussed development activity. Jason's Deli Express opens on Monday, 10-19-2015. Whataburger and Wendy's on North Tarrant Parkway started construction. City Council approved action items that were recommended by the Commission. The church zoning change on Loop 820 was Ln approved. The zoning change on Frankie B Street was approved. The dental office plat on Highway 377 was approved. There was a bid award for a new slide tower at NRH2O. cm Also at NRH2O there will be some parking adjustment on the north end. The gun range is now discussing grand opening in spring or early summer of 2016. 0 3. Discuss items from the regular Planning and Zoning Commission Meeting 0 Planning Manager Clayton Comstock presented ZC 2015-16 Public Hearing and consideration of a request from Safeway Consulting & Contracting LLC for a zoning U) change from AG Agricultural to R-2 Single Family on 10.876 acres located at 8517, 8451, and a portion of 8463 Shady Grove Road. Presented together is PP 2015-05 Consideration of a request from Safeway Consulting & Contracting LLC for a Preliminary Plat of Fresh Meadows Estates on 10.876 acres located at 8451, 8517, and a portion of 8463 Shady Grove Road. This is for thirty-five (35) lots and a detention pond. For roughly eleven (11) acres, this equates to 3.2 dwelling units per acre. This zoning category allows for a maximum of 4.0 dwelling units per acre. This is one of the last larger areas of developable property in the northern area of the city. Since the area is made up of several tracts of land under separate ownership, the planning for future development should be evaluated to ensure that the overall development in the area fulfills the vison and goals for the city. Staff recommends denial of this preliminary plat based upon the piecemeal plan development. The proposed zoning is R-2 Single- Family Residential. The R-2 zoning district is intended to provide areas for low-density development of single-family residences that are constructed at an approximate density of 4.0 units per acre. There remain two areas that are zoned AG Agriculture. Staff 0 recommends that the entire area be zoned as R-2 Single Family Residential. Should the Commission recommend approval to City Council, then staff would recommend approval of this preliminary plat. Ln cm Chairman Shiflet inquired about the engineering portion of Clay Hibbins Road. Caroline Waggoner responded that this level of property development would not generate enough impact to that stretch of street (from north of Shady Grove Road) to 0 force the developer to build out the streets infrastructure. The curb, gutter, and sidewalk 0 cost would offset the street cost. U) Planning Manager Clayton Comstock presented ZC 2015-12 Pubic Hearing and consideration of a request from Johnson Diversified Enterprises, Inc. for a zoning change from C-1 Commercial to RI-PD Residential Infill Planned Development on 6.412 acres located at the southwest corner of Precinct Line Road & Martin Drive. The proposed development includes thirty-five (35) residential lots with a density of 5.5 October 15,2015 P&Z Minutes Page 2 Packet Pg. 8 B.1.a 0) dwelling units per acre. The lots are fifty (50) feet wide, with the proposed houses being a mix of front-entry and side-swing garages. It incorporates 28,654 square feet of open space along Bursey Road and Davis Boulevard, with the open space making up 10.3% of the development. The development is proposed to be a private gated community with a private street located in a 40-foot wide access easement. In addition, the design of the gated entry cannot accommodate larger vehicles or emergency vehicles. A subdivision Ln of this size is unlikely to be able to sustain the maintenance and repair of the private street. Staff recommends that the street be a public street in a standard fifty (50) foot cm right-of-way and that all gates be removed from the streets, including both the entry gate off Bursey and the emergency access gate off Green Valley. The proposed minimum dwelling size is 1,800 square feet, which would apply to a limited yet undetermined number of the lots in the development. The remaining dwellings have a 0 minimum size of 2,000 square feet. Staff recommends that the minimum dwelling unit size be 2,000 square feet for the entire development. A perimeter fence will be constructed along Bursey Road, Davis Boulevard and Green Valley Drive. Staff U) recommends that the ornamental iron portion of the fence have decorative pickets with finials. Staff recommends that a technical landscape plan be provided that includes the proposed number and species of all plantings. The landscape plan must be prepared by a Registered Landscape Architect. The proposed development is not consistent with the Comprehensive Plan, and the density and character of the residential development does not align with the context of the existing and developing residential neighborhoods in the area. If the Commission finds the land use and density appropriate, staff recommends that the houses facing Davis Boulevard have garage access from an alley at the rear of the lot. Staff does not believe front-entry garages facing Davis Boulevard are suitable for the area. This area is designated on the Comprehensive Land Use Plan as "Retail." The property is currently zoned C-1 Commercial. Staff recommends denial of ZC 2015-12. U) 2 Principal Planner Clayton Husband presented ZC 2015-19 Pubic Hearing and consideration of a request from Dunaway Associates, LP for a for a zoning change from 0 C-1 Commercial to NR-PD Nonresidential Planned Development on 1.009 acres located at the southwest corner of Precinct Line Road & Martin Drive. Andy's Frozen Custard proposes to construct a new restaurant at the southwest corner of Precinct Line Road Ln and Martin Drive. Planned improvements to the site include a 1,605 square foot cm building, covered outdoor seating, and parking and landscaped areas. Indoor seating is not provided. The design of the building includes the use of non-standard materials in several areas, which would require special approval as part of the proposed zoning. • Primary facade: Synthetic cement fiber exterior material manufactured by Nichiha 0 is proposed. The material has the appearance of cedar planking. 0 • Mechanical screening and refuse container gate: These elements are designed to appear as louvered walls, which serves as an aesthetic enhancement as well U) as provides airflow in the areas. A synthetic wood product manufactured by Trex is proposed. • Rear facade: Hardie Panel is proposed to be used on the rear wall of the building. This material is permitted as an accent material on secondary facade October 15,2015 P&Z Minutes Page 3 Packet Pg. 9 B.1.a 0) walls, provided it does not cover more than fifteen (15) % of the wall area. As proposed this material would cover the entire rear facade. The comprehensive sign package for property. Several signs require special approval as part of the proposed zoning. • Wall sign and cone wall sign: These signs include the Andy's logo sign and a cone graphic located above the roofline of the building, which is not permitted by Ln the sign standards. • Menu posters: There are three (3) menu posters proposed, which when cm combined with all other signs exceeds the area permitted by the sign standards. • Monument sign on Precinct Line Road: In addition to the store logo, the sign includes a changeable reader board. This sign requires special approval due to its size. • Monument sign on Martin Drive: Staff recommends that this sign not exceed five (5) feet in height and fifty (50) square feet in structure area. • Directional signs: The size of the signs requires special approval. • Thank you post signs: Staff recommends that the sign on the rear access drive by the refuse container not be included as part of the sign package. • Flagpole: The pole proposed near Precinct Line Road frontage is forty (40) feet tall. Staff recommends that the height of the flagpole be reduced to make its height more proportional with the height of the building. The applicant is requesting a rezoning to Non-Residential Planned Development in order to accommodate site-specific development standards. Staff recommends approval of ZC 2015. Principal Planner, Clayton Husband presented TR 2015-02 Consideration of text amendments to Chapter 118 of the Code of Ordinances related to Concrete Batch Plants, Fuel Sales, and Secondary Dwelling Units. 2 4. Discuss street furniture themes for Iron Horse & Smithfield Transit 0 Oriented Development (TOD) Districts CL Ln Planning staff is seeking Commission input on further defining the streetscape design standards within the Transit Oriented Development (TOD) Code by adopting a standard cm design for benches, trash receptacles, bike racks, and streetlights. Without a standard theme, individual developments could vary the design of these amenities, whereby creating a disjointed feeling within the district. District standards would create a unified 0 sense of place and identification. Subtle differences between Iron Horse and Smithfield would also give each station its own character. • Iron Horse Station has been envisioned as more of a modern/urban employment and commuter hub close to Loop 820. Hence, the consideration of more of "Texas Contemporary" flair design. • Smithfield TOD boasts the "Historic Core" of Main Street adjacent to the Smithfield Station. Hence, the consideration of more of a historic architectural design. October 15,2015 P&Z Minutes Page 4 Packet Pg. 10 B.1.a 0) • Streetlights in both stations are consistent with streetlights already used in the City. After installation, they would continue to be maintained by Oncor if within the public right-of-way. Chairman Shiflet requested time to study crime prevention through environmental design on the street lighting. Light color temperature differences have a significant Ln impact on identification of vehicle and clothing color in the event of criminal activity. He would like involvement of our police department in this decision. cm Mike Benton and Steven Cooper are each in favor of establishing an additional work session on this topic with additional information. 0 Clayton Comstock stated that white light has a better Color Rendering Index (CRI). 0 5 4- 0 Steven Cooper likes the aesthetics presented, but wants to see facts on the Color U) Rendering Index for each style. Clayton Comstock agreed to research bulbs and lighting studies to present. 0 5. Adjournment There being no other business, Chairman Shiflet adjourned the work session at 7:11 p.m. E REGULAR PLANNING AND ZONING COMMISSION MEETING The Planning and Zoning Commission regular meeting is immediately following the work session (but not earlier than 7:00 p.m.) In the main council chambers. 0 A.0 CALL TO ORDER 0 CL Chairman Shiflet called the October 15, 2015 meeting to order at 7:17 p.m. Ln cm Present: Randall Shiflet Place 4, Chairman Bill Schopper Place 6, Vice Chairman Mike Benton Place 2 Steven Cooper Place 7 Kathy Luppy Place 5 Jerry Tyner Ex-Officio 0 U) Absent: Don Bowen Place 3, Secretary Mark Haynes Place 1 Staff Members: Paulette Hartman Assistant City Manager October 15,2015 P&Z Minutes Page 5 Packet Pg. 11 B.1.a 0) Clayton Comstock Planning Manager Clayton Husband Principal Planner Chad VanSteenberg Planner Caroline Waggoner City Engineer Justin Naylor Engineer Associate Marrk Callier Management Assistant Ln Cheryl Booth Recording Secretary cm A.1 PLEDGE OF ALLEGIANCE Jerry Tyner led the National Pledge of Allegiance. Jerry Tyner led the Texas Pledge of Allegiance. 0 EXECUTIVE SESSION U) 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. Chairman Shiflet 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. 0 B.0 MINUTES CL Ln B.1 Approve minutes of the September 17, 2015 Planning & Zoning Commission Meeting. APPROVED 0 KATHY LUPPY MOVED TO APPROVE MINUTES OF THE SEPTEMBER 17, 2015 MEETING. STEVEN COOPER SECONDED THE MOTION. U) MOTION TO APPROVE CARRIED 5-0 C. PUBLIC HEARINGS October 15,2015 P&Z Minutes Page 6 Packet Pg. 12 B.1.a 0 C.1 ZC 2015-16 Public Hearing and Consideration of a request from Safeway Consulting & Contracting LLC for a Zoning Change from "AG Agricultural" to "R-2 Single Family" on 10.876 acres located at 8517, 8451, and a portion of 8463 Shady Grove Road. a APPROVED Ln Chairman Shiflet called on Planning Manager Clayton Comstock to present. Planning cm Manager, Clayton Comstock presented ZC 2015-16. Presented together is PP 2015-05 Consideration of a request from Safeway Consulting & Contracting LLC for a Preliminary Plat of Fresh Meadows Estates on 10.876 acres located at 8451, 8517, and a portion of 8463 Shady Grove Road. The applicant had previously submitted a prior 0 version with a long street that was denied by City Council. Today's application includes a shorter street with connection to an additional street. This is for thirty-five (35) lots and a detention pond. For roughly eleven (11) acres, this equates to 3.2 dwelling units per U) acre. This zoning category allows for a maximum of 4.0 dwelling units per acre. This is one of the last larger areas of developable property in the northern area of the city. Since the area is made up of several tracts of land under separate ownership, the planning for future development should be evaluated to ensure that the overall development in the area fulfills the vison and goals for the city. The proposed zoning is R-2 Single-Family Residential. The R-2 zoning district is intended to provide areas for low-density development of single-family residences that are constructed at an approximate density of 4.0 units per acre. There remain two areas that are zoned AG Agriculture. Staff recommends that the entire area be zoned as R-2 Single Family Residential. Staff recommends denial of this preliminary plat based upon the piecemeal plan development, which were concerns of the Commission, staff, and City Council. Should the Commission recommend approval to City Council, then staff would recommend approval of this preliminary plat. Applicant, Osama Nashed; 5000 Thompson Terrace; Colleyville, TX 76034 spoke. He 0 outlined that for their prior presentation they only had five (5) acres. There were three (3) concerns which resulted in denial by City Council (street was too long, insufficient access, and drainage concerns). We have now acquired five (5) acres beside Clay Ln Hibbins Road. We have met with neighbors to the east and staff to answer their cm concerns. We took the area to the west out of the proposal. We do not hinder or prevent anyone else from developing these areas. By building one long street, the area is set up for future development for seven (7) lot cul de sac to the west and two (2) development areas to the west. The street's water and sewer improvements will facilitate 0 development to the west. This acreage has been vacant and not producing for many 0 years. This will bring revenue to the city. All homes are custom built at approximately three thousand five hundred (3,500) square feet in the four hundred thousand U) ($400,000) to five hundred thousand ($500,000) price range. Chairman Shiflet inquired what factor for the construction of far north open space detention pond is based upon October 15,2015 P&Z Minutes Page 7 Packet Pg. 13 B.1.a CD Caroline Waggoner responded that the City would ultimately make the decision of detaining water or connecting into existing storm sewer service. The City cannot allow a development to proceed without a means of discharging storm water. Chairman Shiflet inquired about traffic impact on the country road, Clay Hibbins Road. Caroline Waggoner responded that Clay Hibbins would remain as is. It is an eighteen (18) to twenty (20) foot wide asphalt street. There are other roads in the city similar to cm Clay Hibbins. The City will continue to monitor it to make sure it can handle the traffic. Mike Benton inquired if the neighbor concerns had been resolved. 0 Mr. Nashed explained that their concerns were tree preservation on the property line 0 and the need to install maximum height fences. Mature trees have great value to the developer, so they will be preserved as best as possible. Steeple Ridge is much higher U) than this property. Any lot that has a retaining wall less than two (2) feet tall will have six (6) foot fences. Higher retaining wall properties will have maximum eight (8) feet fences. There should not be any negative impact to Steeple Ridge with utilization of the existing drainage flume to the north. If the existing drainage can be used, the detention pond will not be necessary. Chairman Shiflet opened Public Hearing at 7:39 p.m. Thomas Andrews; 8600 Clay Hibbins Road; came forward in favor of this application. The property has been vacant for so long. The area will show much improvement to the area. Sharon Brooks Abernathy; 8451 Shady Grove Road; came forward in favor of this application. He owns a five (5) acre lot adjacent to the site. The only ones interested in purchasing it are developers. 0 Kevin and Linda Leckey; 8625 Caddo Court; came forward in opposition of this application. Her concern is the traffic impact from Shady Grove to Clay Hibbins. Keller construction has generated heavy truck traffic on Clay Hibbins Road. She realizes that cm her property values will improve. A concern is the traffic during this construction. Ln Another concern would be if Shady Grove Road would be widened, as there is limited easement. Another concern would be the number of exits from the area, as it appears to be two (2). 0 Ashraf Shehata; 1521 Wagon Wheel Trail; Keller, TX w/ Safeway Construction came forward in favor. We have reached out to all the developers. All left with the impression U) after the meeting with the city and the developers that all issues would be resolved. He does not feel that this is a piece meal approach. This is nearly eleven (11) acres. The remaining land leaves two (2) separate areas that could logically be developed in conjunction with our development. At some point, our development will not be by itself. October 15,2015 P&Z Minutes Page 8 Packet Pg. 14 B.1.a 0) The five (5) acres that we just closed on has been on sale for three (3) years. I respectfully ask for approval of this application. There being no additional discussion, Chairman Shiflet closed Public Hearing at 7:47p.m. CL MIKE BENTON MOVED TO APPROVE ZC 2015-16. STEVEN COOPER SECONDED THE MOTION. cm Mike Benton expressed his approval because the Commission had asked the applicant to add five (5) acres, which they did. He also is not hearing the neighbors raising concerns this evening. Bill Schopper responded with his approval for this development being good for this area. We cannot do anything about the construction traffic in Keller. U) Chairman Shiflet commented that Shady Grove does allow heavy truck traffic by right. What bothers him is the development of nice neighborhoods in the old country roads. His hope is that the city decides to build out sooner than later. It is more complicated because half the road is Keller and half is North Richland Hills. MOTION TO APPROVE CARRIED 5-0 C.2 ZC 2015-12 Public Hearing and Consideration of a request from Johnson Diversified Enterprises, Inc. for a Zoning Change from "C-1 Commercial" to "RI-PD Residential Infill Planned Development" on 6.412 acres located at 7821 Davis Boulevard. Planning Manager Clayton Comstock presented ZC 2015-12. The comprehensive use plan does show commercial zoning in this area. Zoning is for Planned Development Single Family residential to the east and north. There has been a history of retail 0 converting to residential if developed as R-2 Residential. This development includes thirty-five (35) residential lots with a density of 5.5 dwelling units per acre. The lots are fifty (50) feet wide, with the proposed houses being a mix of front-entry and side-swing Ln garages. It incorporates 28,654 square feet of open space along Bursey Road and cm Davis Boulevard, with the open space making up 10.3% of the development. The development is proposed to be a private gated community with a private street located in a 40-foot wide access easement. In addition, the design of the gated entry cannot accommodate larger vehicles or emergency vehicles. A subdivision of this size is 0 unlikely to be able to sustain the maintenance and repair of the private street. Staff 0 recommends that the street be a public street in a standard fifty (50) foot right-of-way and that all gates be removed from the streets, including both the entry gate off Bursey U) and the emergency access gate off Green Valley. The proposed minimum dwelling size is 1,800 square feet, which would apply to a limited yet undetermined number of the lots in the development. The remaining dwellings have a minimum size of 2,000 square feet. Staff recommends that the minimum dwelling unit size be 2,000 square feet for the entire development. A perimeter fence will be constructed along Bursey Road, Davis October 15,2015 P&Z Minutes Page 9 Packet Pg. 15 B.1.a 0 Boulevard and Green Valley Drive. Staff recommends that the ornamental iron portion of the fence have decorative pickets with finials. Staff recommends that a technical landscape plan be provided that includes the proposed number and species of all plantings. The landscape plan must be prepared by a Registered Landscape Architect. The proposed development is not consistent with the Comprehensive Plan, and the density and character of the residential development does not align with the context of Ln the existing and developing residential neighborhoods in the area. If the Commission finds the land use and density appropriate, staff recommends that the houses facing cm Davis Boulevard have garage access from an alley at the rear of the lot. Staff does not believe front-entry garages facing Davis Boulevard are suitable for the area. This area is designated on the Comprehensive Land Use Plan as "Retail." The property is currently zoned C-1 Commercial. Staff recommends denial of ZC 2015-12. Details of staff 0 concerns, which result in a recommendation of denial, listed below. • Gated Community: Staff does not see gates as part of the city culture. • Right-of-way forty (40) feet: Staff recommends fifty (50) feet standard width. • Minimum 1,800 square feet house size: Staff recommends minimum 2,000 square feet house size. • Front Facing Garage: Staff recommends alley facing garage for properties facing Davis Boulevard. • Perimeter Fencing: Staff recommends decorative wrought iron with finials. • Comprehensive Land Use recommends this area as retail. Staff always suggests that the Commission carefully review the appropriateness of an application that is incompatible with the Land Use plan. The density is not compatible with adjacent residential. Mike Benton inquired about width of the alley driveways. U) Clayton Comstock responded that Hometown regulations, as a comparison, stipulate 2 seven and one-half (7.5) feet width. That might not be wide enough. Staff would recommend an eighteen (18) foot wide alley to allow off-street parking. 0 Kathy Luppy was concerned about width of the alley driveways. a. Ln Clayton Comstock clarified that staff would probably recommend fifteen (15) feet of cm right-of-way and twelve (12) feet of pavement for the alley. Chairman Shiflet inquired about the depth of the property from Davis Boulevard. 0 Clayton Comstock responded that it is approximately four hundred (400) feet. 0 Chairman Shiflet brought up that the Comprehensive plan shows this as Commercial. Were it to be commercial, the setbacks could be different. Bill Schopper clarified that commercial businesses have had such a struggle in that area. Restaurants have closed. The business has been soft. That does not mean it is going to remain that way. It is simply an observation of past activity. October 15,2015 P&Z Minutes Page 10 Packet Pg. 16 B.1.a a Applicant, Ben Johnson; 3509 Windsor Forest Drive; Grapevine, TX came forward to present. We are presenting a product that is in demand. The answer to why we selected this tract is that there has been a lot of traditional development. This is already a predominantly residential area. There is a multi-family project to the north. I handled the RI-PD south of this area nine (9) years ago. Pricing in the area supports three hundred Ln thousand ($300,000) to six hundred thousand ($600,000) houses. This project will allow three hundred thirty thousand ($330,000) to three hundred sixty thousand ($360,000) cm property values. Reviewing surrounding commercial shows many businesses that have closed. This is a mixed bag of commercial success. Residential single-family residential possibilities include front entry garages with interesting architectural enhancements to make the garage blend into the look of the home. Cluster style mailboxes and detailed 0 landscaping in the open area add to the look. In conclusion, we are presenting a high demand residential product. Residential build out complements this area of the city. Viable housing alternatives would fit well into Davis Boulevard. Trees placed along U) Davis Boulevard will add to the ambiance. Deed restrictions in this HOA would stipulate that front-facing garage doors would need to remain closed. There is limited viability for commercial development in this area. 0 Bill Schopper inquired about the gated community concept and how that fits into our city culture. Applicant Johnson responded that they would like to have the gated community, but it does not have to be. If not gated, there is a desire to have the Opticon-operated gate on the end. Bill Schopper inquired about right-of-way versus public street standard. U) 2 Applicant Johnson responded that they done really want to put in the city street standard width of fifty (50) feet versus the forty- (40-) foot width street. There is a five (5) 0 foot easement in the rear yard. Experience has not worked well with alleys. Private streets are not their desire. The preference is that the city would be able to work with forty- (40-) foot wide streets. Ln cm Steven Cooper inquired about minimum square footage of less than two thousand (2,000) square feet. 0 Applicant Johnson responded that it would be nice to have the one thousand eight 0 hundred (1 800) square foot minimum for marketing purposes. In reality, more likely the 0 purchased homes would exceed two thousand (2,000) square feet. U) Mike Benton inquired about eliminating some of the rear yard to provide more back alley width. Chairman Shiflet opened Public Hearing at 8:39 p.m. October 15,2015 P&Z Minutes Page 11 Packet Pg. 17 B.1.a 0) CC Bjork, 6812 Oriole Lane, came forward in favor. She stated that there are about one hundred (100) homes in the area. Ben Johnson does whatever he does with his heart and soul. There is a need for more homes such as this for the empty nester. Scott Jones & Dianne Jones; 7816 Harvest Hill Road came forward in opposition. They live in the street that backs up to this development on the west side. There is a drainage Ln ditch beside and behind their property. They have concerns about drainage. They do not want two story homes looking down into their property. The entrance onto Bursey or cm Green Valley needs to be able to handle the traffic congestion. There being no additional discussion, Chairman Shiflet closed Public Hearing at 8:44p.m. 0 STEPHEN COOPER MOVED TO DENY ZC 2015-12. THE MOTION DIED DUE TO LACK OF A SECOND. MIKE BENTON MOVED TO APPROVE ZC 2015-12 WITH THE FOLLOWING 4 STIPULATIONS. KATHY LUPPY SECONDED THE MOTION. 0 1. THE DEVELOPMENT MUST NOT PROVIDE GATES ON ANY ENTRANCES 2. THE STREET RIGHT-OF-WAY MUST BE PUBLIC AND MEET CITY STANDARDS. 3. THE MINIMUM HOUSE SIZE MUST BE 2,000 SQUARE FEET FOR THE ENTIRE DEVELOPMENT. 4. THE ORNAMENTAL IRON FENCE MUST INCLUDE DECORATIVE FINIALS. E CHAIRMAN SHIFLET OFFERED A FRIENDLY AMENDMENT TO ALLOW SEVEN HOUSES IN THE DEVELOPMENT TO BE 1,800 SQUARE FEET PROVIDED THE HOUSES ARE NOT LOCATED SIDE-BY- .2 SIDE. THE AMENDMENT WAS ACCEPTED BY MIKE BENTON AND KATHY LUPPY. U) Chairman Shiflet inquired about the alley. Mike Benton does not want to include the 0 alley in the stipulations of approval. Steven Cooper is not in favor of alleys. CL MOTION TO APPROVE CARRIED 5-0 Ln Ln C.3 ZC 2015-19 Public Hearing and Consideration of a request from Dunaway Associates, LP for a Zoning Change from "C-1 Commercial" to "NR-PD Nonresidential Planned Development" on 1.009 acres located at the southwest corner of Precinct Line Road & Martin Drive. 0 Principal Planner Clayton Husband presented ZC 2015-19 Pubic Hearing and consideration of a request from Dunaway Associates, LP for a for a zoning change from U) C-1 Commercial to NR-PD Nonresidential Planned Development on 1.009 acres located at the southwest corner of Precinct Line Road & Martin Drive. Andy's Frozen Custard proposes to construct a new restaurant at the southwest corner of Precinct Line Road and Martin Drive. Planned improvements to the site include a 1,605 square foot building, covered outdoor seating, and parking and landscaped areas. Indoor seating is October 15,2015 P&Z Minutes Page 12 Packet Pg. 18 B.1.a CD not provided. The design of the building includes the use of non-standard materials in several areas, which would require special approval as part of the proposed zoning. • Primary facade: Synthetic cement fiber exterior material manufactured by Nichiha is proposed. The material has the appearance of cedar planking. • Mechanical screening and refuse container gate: These elements are designed to appear as louvered walls, which serves as an aesthetic enhancement as well Ln as provides airflow into the areas. A synthetic wood product manufactured by Trex is proposed. cm • Rear facade: Hardie Panel is proposed to be used on the rear wall of the building. This material is permitted as an accent material on secondary facade walls, provided it does not cover more than fifteen (15) % of the wall area. As proposed this material would cover the entire rear facade. The comprehensive sign package for property. Several signs require special approval as part of the proposed zoning. • Wall sign and cone wall sign: These signs include the Andy's logo sign and a cone graphic, which are located above the roofline of the building, which is not permitted by the sign standards. • Menu posters: There are three (3) menu posters proposed, which when combined with all other signs exceeds the area permitted by the sign standards. • Monument sign on Precinct Line Road: In addition to the store logo, the sign includes a changeable reader board. This sign requires special approval by the due to its size. • Monument sign on Martin Drive: Staff recommends that this sign not exceed five (5) feet in height and fifty (50) square feet in structure area. • Directional signs: The size of the signs requires special approval. • Thank you post signs: Staff recommends that the sign on the rear access drive by the refuse container not be included as part of the sign package. • Flagpole: The pole proposed near Precinct Line Road frontage is forty (40) feet 2 tall. Staff recommends that the height of the flagpole be reduced to make its height more proportional with the height of the building. 0 The applicant is requesting a rezoning to Non-Residential Planned Development in order to accommodate site-specific development standards. Staff recommends approval of ZC 2015. cm Applicant, Chris Biggers with Dunaway; 550 Bailey Avenue; Fort Worth, TX came forward to present. He stated Andy's agrees with the sign changes except for the poster signs, which is critical to the branding for the store. He stated the reduction in height of the flagpole is acceptable. 4- Mike Benton inquired about maintenance of the building materials. U) Matt Green, Bobcat Architects; 1016 Forrest Dr, Arlington, responded that Nichiha is a very treatable sustainable dense product that resembles wood, but wears well. Chairman Shiflet opened Public Hearing at 9:30p.m. October 15,2015 P&Z Minutes Page 13 Packet Pg. 19 B.1.a 0) There being no additional discussion, Chairman Shiflet closed Public Hearing at 9:30p.m. STEVEN COOPER MOVED TO APPROVE ZC 2015-19 INCLUDING ALL STAFF RECOMMENDATIONS EXCEPT THE POSTER SIGNS WOULD BE ALLOWED ON THE BUILDING. BILL SCHOPPER SECONDED THE MOTION. CL Ln MOTION TO APPROVE CARRIED 5-0 cm CA TR 2015-02 Public Hearing and consideration of text amendments to Chapter 118 of the Code of Ordinances related to Concrete Batch Plans, Fuel Sales, and Secondary Dwelling Units. 0 Clayton Comstock presented that concrete batch plants are currently permitted with SUP approval. Staff proposes to eliminate the concrete batch plant SUP requirement U) and to allow temporary plants in all districts with a set of standards in place. Standards to include: Thirty (30) day approval with possible extensions, not to exceed 120 days. Location would be on site specific to the project. Set-backs from residential and school areas at 600 feet. Hours of operation in conjunction with construction. Elimination of dust, noise, and odor. Compliance with federal and state laws. E Clayton Comstock presented fuel sales description in current code. Proposed changes would eliminate the differentiation of eight (8) pumps and remove the reference to number of pumps. U) 2 Clayton Comstock presented text proposals to accessory building structures. Staff proposes to add a section regarding Secondary Living Units allowing an SUP provision 0 if the home owner is unable to meet the standards regarding maximum floor area and other items. CL Ln Chairman Shiflet opened Public Hearing at 9:40p.m. cm There being no additional discussion, Chairman Shiflet closed Public Hearing at 9:40p.m. 0 KATHY LUPPY MOVED TO APPROVE TR 2015-02. MIKE BENTON SECONDED THE MOTION. 4- 0 MOTION TO APPROVE CARRIED 5-0 U) E D. PLANNING AND DEVELOPMENT October 15,2015 P&Z Minutes Page 14 Packet Pg. 20 B.1.a 0 D.1 PP 2015-05 Consideration of a request from Safeway Consulting & Contracting LLC for a Preliminary Plat of Fresh Meadows Estates on 10.876 acres located at 8451, 8517, and a portion of 8463 Shady Grove Road. APPROVED CL MIKE BENTON MOVED TO APPROVE PP 2015-05. BILL SCHOPPER SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5-0 0 ADJOURNMENT 0 Chairman Shiflet adjourned the meeting at 9:43 p.m. U) Chairman Secretary 0 Randal Shiflet Don Bowen E Recording Secretary U) 2 0 to CL Ln 0 4- 0 U) October 15,2015 P&Z Minutes Page 15 Packet Pg. 21 C.1 MFIt NC:KTH KIC H&.AND HILLS PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the City Manager Date: November 5, 2015 Subject: PP 2012-04 Consideration of a request from Kathy Marthe for an extension of the approval for the Preliminary Plat of Glenann Addition on 2.277 acres located in the 8600 block of Simmons Road. Presenter: Clayton Husband, Principal Planner Summary: Kathy Marthe is seeking approval of an extension of the Preliminary Plat for Glenann Addition. The property is located in the 6800 block of Simmons Road south of Amundson Drive. General Description: Kathy Marthe is the owner/developer of 2.277 acres on the west side of Simmons Road south of Amundson Drive. In October 2012, a preliminary plat for the property (Glenann Addition, Block 6, Lots 25-31) was approved. The preliminary plat included seven lots to be developed in two phases. The final plat of phase one, which included four of the lots (Lots 25-28) was subsequently approved in September 2013. All the property is zoned R-2 Single-Family Residential, and the lots exceed the minimum size standards of the district. The subdivision regulations provide that the approval of a preliminary plat is effective for one year. If a final plat is not submitted and approved within the one-year period, then the preliminary plat is void. However, if a final plat is submitted and approved, the effective date of the preliminary plat is extended to three years. Ms. Marthe is seeking an extension of the approval of the preliminary plat so that the remaining lots in phase two (Lots 29-31) may be marketed and developed. Since a final plat was approved in 2013, the preliminary plat for phase two of Glenann Addition expired in October 2015. The Commission may approve an extension of time for the preliminary plat of phase two that would allow for the consideration of a final plat without the owner having to submit a new preliminary plat. Staff recommends a one-year extension, which should allow sufficient time to develop the remaining three lots on Simmons Road. If a final plat were not submitted within one year, the owner would have to submit an application for a new preliminary plat. A copy of both the approved preliminary plat and final plat are attached. Packet Pg. 22 C.1 MFIt NC:KTH KIC H&.AND HILLS Recommendation: To approve the extension of PP 2012-04 through November 5, 2016 Packet Pg. 23 I C.1.a art r Cm Cm e t t o OE �a o� a� Q Packet Pg. 24 i i ry LLI o i o o � w i o � Z =� o � 'r I .2. ! W � H z C4 z w g 4 An mm deft, fload 0 a 1110 321 st a6able Width Right-O ) 326-51' Olht_of-\Vay Dedicat'OT' Ln Sol, 7(a.4M' ti " � �� 83.021 4 - 4 Line ck l... �,ualain eb 7' :.� y N ...,.... �, I lz Cq I e z , H juxuasra 02euTs j)£ ti T 83.54' 76.48' 76,48" - - - __ - � ' 342.51'N 000 "'' 3pgS IV laurge,,) aSed`S£t'9 aumlOA xuauiassg 'L98 aSud`9299 auYnTOA xuauzaseg ODSU 19 qTl fl V aBeuTwu Iuauzaseq lamas Ammues s I r D.1 MFIt NC:KTH KIC H&.AND HILLS PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the City Manager Date: November 5, 2015 Subject: ZC 2015-22 Public Hearing and consideration of a request for a Zoning Change from Redevelopment Planned Development 64 (RD-PD-64) and C-1 Commercial to Redevelopment Planned Development (RD-PD) on 8.5125 acres located at 6700, 6704, and 6720 NE Loop 820. Presenter: Clayton Comstock, Planning Manager Summary: The City of North Richland Hills is requesting a zoning change from Redevelopment Planned Development 64 (RD-PD-64) and C-1 Commercial to Redevelopment Planned Development (RD-PD) on 8.5125 acres located on the south side of NE Loop 820 and east of Rufe Snow Drive. The property is currently the site of the municipal court, and formerly housed the library and recreation center. The western portion of the property was rezoned to Redevelopment Planned Development (RD-PD) in August 2012 to accommodate the potential development of restaurants. In 2013, Taco Cabana opened at the corner of Rufe Snow Drive. In order to facilitate further the development of restaurants, the rezoning of the entire property is proposed. The proposed RD-PD district would also amend the development standards that apply to the property. The permitted uses would be limited to full service restaurants and fast casual restaurants. Only two fast casual restaurants would be permitted in the development, and drive through service would not be allowed. In addition, most of the existing RD-PD development standards that apply would be removed. Those standards were adopted as part of this planned development because there were no generally applicable standards in the zoning ordinance at the time. Since then, these standards have been added to the zoning ordinance and they would apply to development on the entire site. These regulation revisions include the Freeway Corridor Overlay, outdoor lighting, commercial architecture and dumpster screening standards. General Description: COMPREHENSIVE PLAN: This area is designated on the Comprehensive Land Use Plan as "Retail." This designation is intended to permit a variety of retail trade, personal and business services establishments, and offices. Packet Pg. 27 D.1 MFIt NC:KTH KIC H&.AND HILLS CURRENT ZONING: The eastern 6.45 acres of the property is currently zoned "C-1" Commercial. The western 2 acres of the property is zoned Redevelopment Planned Development 64, which was adopted on August 13, 2012. PROPOSED ZONING: The proposed zoning is Redevelopment Planned Development (RD-PD). The proposed change is intended to clarify the types of uses permitted on the site and to remove duplicated development standards that now exist in the City codes. SURROUNDING ZONING I LAND USE: North: C-1 Commercial and C-2 Commercial I Retail (Across NE Loop 820) West: Redevelopment Planned Development I Retail South: R-2 Single-Family I Low Density Residential East: C-1 Commercial I Commercial PLAT STATUS: The property is currently platted as Lots 1 R1 R1, 1 R1 R2, and 1 R2; Block 25, Snow Heights Addition. CITY COUNCIL DATE: If recommended for approval by the Planning & Zoning Commission, the City Council will consider this request at the November 9, 2015 meeting. If denied by the Planning & Zoning Commission, the applicant will still have an opportunity to appeal to City Council at the same November 9 meeting. Recommendation: To approve ZC 2015-22. Packet Pg. 28 D.1.a i D O Ln CD to CO NE Loop 820 pil iu mmw .2 Cm Cm Ln orona r L 0 arue o � Packet Pg. 29 f f /I Cm Ln r r J �1 _' NE Loop 820 CD 1 N o% /rrr Co ., Cm Cm ce7 Ln COD CM l 0 / 4 I , l i / t / Packet Pg. 30 D.1.c `CHL,q ' NOTICE OF PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS .. '� PLANNING AND ZONING COMMISSION rExP� AND CITY COUNCIL Case Number: ZC 2015-22 Location: 6700-6720 NE Loop 820 cm You are receiving this notice because you are a property owner of record within 200 Ln feet of the property shown on the attached map. cm to Purpose of Public Hearing: co a. cm A Public Hearing and consideration of a request for a Zoning Change from Redevelopment Planned Development 64 (RD-PD-64) and C-1 Commercial to Redevelopment Planned Development (RD-PD) on 8.5125 acres located at 6700, 6704, and 6720 NE Loop 820. 0 Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION 7:00 PM THURSDAY, NOVEMBER 5, 2015 CITY COUNCIL 7:00 PM MONDAY, NOVEMBER 9, 2015 a. cm cm Ln Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 cm NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department- City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427-6300 Fax (817) 427-6303 Packet Pg. 31 D.1.d Birdville Independent School District COOL RIVERS HOLDINGS LLC PEREZ JULIAN T Attn: Mike Seale PO BOX 1874 PEREZ FIRA 6125 East Belknap ALEDO TX 76008 P O BOX 720025 DR Haltom City, TX 76117 NORMAN OK 73070 WEAKLEY TAYLOR DUNCAN STEVEN L CHAMBLEE VIRGINIA M 2821 FIELD ST DUNCAN SHERRY C 6700 CORONA DR HALTOM CITY TX 76117 6721 CORONA DR FORT WORTH TX 76180-7908 FORT WORTH TX 76180-7909 RODRIGUEZ BETTY SUTTON JEFFREY G NRH 183 HOLDINGS LLC RODRIGUEZ JOHNNY SUTTON JULIE M 20603 CASTLE BEND DR 6721 LARUE CIR 6716 CORONA DR KATY TX 77450-4910 NRH TX 76180-7923 NRH TX 76180-7910 Ln 0 HICKS KATHERINE STEPHENSON KENNETH PENNEL JOSEPH a. 6909 CORONA DR STEPHENSON R PENNEL CAROL FORT WORTH TX 76180-7915 6905 CORONA DR 6901 CORONA DR NRH TX 76180-7915 NRH TX 76180-7915 STARZYK KART D NIX DORIS NELL MANN VALERIE A STARZYK BENJAMIN E 6821 CORONA DR 6817 CORONA DR 6825 CORONA DR FORT WORTH TX 76180-7913 NRH TX 76180-7913 NRH TX 76180 I- SOUYAVONG PHOUMANO TYLER CHARLES B NIKIRK LOIS EST t SOUYAVONG S TYLER CINDA C 5805 SWORDS DR 6813 CORONA DR 6809 CORONA DR FORT WORTH TX 76137-3770 NRH TX 76180-7911 FORT WORTH TX 76180-7911 2 Ln TAYLOR JESSICA BODEN JAY DROGUETT VICTOR M 6801 CORONA DR 6741 CORONA DR 2 WINSTEAD CT NRH TX 76180 NRH TX 76180-7909 TROPHY CLUB TX 76262-3405 0 CATO JAMES F IZQUIERDO ANGEL R CATO KAROLD M CASTEN JEANNE PACE IZQUIERDO ROSE L TROXELL HERSHELL 6725 CORONA DR 6733 CORONA DR 6733 PARKWOOD DR FORT WORTH TX 76180-7909 NRH TX 76180-7909 FORT WORTH TX 76182-7645 SLOAN GERALD C MARILEE PROPERTY LLC HARGRAVE JENNIFER C 6720 CORONA DR 705 DANA DR 6732 CORONA DR FORT WORTH TX 76180-7910 KELLER TX 76248-4315 NRH TX 76180-7907 FERRA TRUST JUNE 14 1999 WITHERSPOON PROPERTIES IN BAKER CARL E 18 CHATHAM 632 LONESOME PRAIRIE TR BAKER CAROL E MANHATTAN BEACH CA 90266-7225 HASLET TX 76052-4193 6800 CORONA DR NRH TX 76180-7914 Packet Pg. 32 D.1.d MEADERS LEORA LEE EST BOBO KRISTY DANIEL DORIS A EST Attention: C/O CHARLOTTE MASTERS 6808 CORONA DR 6816 CORONA DR 2100 BAYSHORE DR FORT WORTH TX 76180-7914 NRH TX 76180-7912 FLOWER MOUND TX 75022 VAUGHAN JERRY MAX EST R GUY PROPERTY MANAGEMENT INC EUBANKS EULA M 6820 CORONA DR 6309 WATAUGA RD 6900 CORONA DR FORT WORTH TX 76180-7912 FORT WORTH TX 76148 FORT WORTH TX 76180-7916 TREVINO PETER HERRERA DAVID TREVINO SANDRA 6908 CORONA DR 6904 CORONA DR NRH TX 76180-7916 Cl NRH TX 76180-7916 Ln 0 0 L- 0 4- 0 2 Ln 0 Packet Pg. 33 D.1.e ORDINANCE NO. xxxx ZONING CASE ZC 2015-22 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, BY REZONING AN 8.5125 ACRE TRACT OF PROPERTY FROM RD-PD (PD-64 - REDEVELOPMENT PLANNED DEVELOPMENT) AND C-1 (COMMERCIAL) TO RD-PD cm (REDEVELOPMENT PLANNED DEVELOPMENT) ZONING; Ln ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. 0 co WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent cm a. to real property owners within 200 feet of the property herein described at least ten (10) days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a a newspaper of general circulation in the City at least fifteen (15) days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; cm NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF cm NORTH RICHLAND HILLS, TEXAS: Ln cm Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance N and the zoning map of the City of North Richland Hills are hereby amended by rezoning from Redevelopment Planned Development (RD- PD-64) and C-1 Commercial zoning to Redevelopment Planned Development (RD-PD) on 8.5125 acres located at 6700, 6704, and 6720 NE Loop 820, North Richland Hills, Texas, more particularly described in the legal description attached hereto as Exhibit A, and approving the PD regulations attached as Exhibit B. Section 2: THAT any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed Ordinance No. xxxx Page 1 of 2 Packet Pg. 34 D.1.e guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: THAT the City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this Ordinance as an alternative method of publication provided by law. cm Section 4: That this Ordinance shall be in full force and effect immediately after Ln passage. cm to AND IT IS SO ORDAINED. co cm PASSED on this 9th day of November, 2015. CITY OF NORTH RICHLAND HILLS 2 a By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: cm cm George A. Staples, Attorney Ln APPROVED AS TO CONTENT: N Department Head Ordinance No. xxxx Page 2 of 2 Packet Pg. 35 ( ° LO OZ a O L L) L uO' 'n ] suoileinbom ad ZZ-9WZ OZ :IU9WWBPV w M r a d � tin C C o s s V E a� d +1 u U E u -M m+, C s Q C _ O � c W a) C a U U > L L O m O a) a E C O Q E O U N O N U U a O E -a to C O z O U O U s N U U a 4� `- CL .� : v a� N C O s N E � o +� E ° CL c E U 'L N C 3 Z L N a 'a m ' N 0+ Z O � N C +� O L O qA O C O 3 U c a N � 4-0 v -0 U CC C a o 0 > 3 o a C c 'n a) � O Q L z E D -C C: p ° o s +� ° v a 4, a au � s E a� -a +� � O C OC o X o N � E u v o° 00 O °° ` aCO ° + > o - E 4l m v Q O L (6 _ p E v W D '3 0 0 +° u s 3 o a3i s - o (1) 6 a 0 s 0 � 4' N 0 L N o 4' z 4-V) s +' i CL N bio C — C C CA C o a� a s U s CL E a +' U *' p +, 4, s Ln tio a) CL U C: o a� :t' �aoi Ln >Q E } E N ° Ln v p O CL s v Q a a� o 4: v °' c —° E c v J C N 6 U CL N > E C C N a cif > (6 A CL Q N CCa., y1 0 O C Ln 0 N O N a� v a > OC o c +� > N > o CL CL -a s N vi a v +aL Ln a� a� +1 Ln Ln 0 a s a Q aCi 0 a`) u p u a ±' •E Ln E o a +� c > ° > c E v U p� a v i -i = � 'n C: s N ci U- :t Q -a Cic Q O cn Q (6 > 4' p a -a 3 C7 N X ci N M 4 U� l6 N U Z L > w C • z CL ri N Q (N6 Ln N O N ° m U — Q Cd (ZZ-qLOZ OZ a O L L) L uO' 'n ] suoileinbom ad ZZ-9WZ OZ aIu BP w M r a d � Y > a O L Q Q s O 4� C 0 .N a� L L L s ai a� c tin .N a� L s s � c L L Q °A s c L U � a) E s � E s � � s c � E ., a� C: E CL O c a� � o a � 4� CL C: a) C: U C d UO 4, C: L a) O E N Q -O O > C N D.2 MFIt NC:KTH KIC H&.AND HILLS PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the City Manager Date: November 5, 2015 Subject: TR 2015-03 Public Hearing and consideration of zoning text amendments to Chapter 118 of the North Richland Hills Code of Ordinances related to Restaurants and Drive-Through Service. Presenter: Clayton Husband, Principal Planner Summary: At a Planning & Zoning Commission work session held on September 3, 2015, staff discussed several topics for possible updates to the Zoning Ordinance. A follow-up work session was held with the City Council on September 14, 2015. Based on the input and direction from both the Council and Commission, several text amendments related to restaurants and drive-through service are proposed. General Description: The 2013 NRH Citizen Survey clearly indicated that NRH residents desire more full- service restaurants and grocery stores over fast food establishments. When asked whether they would like to see more of each, 80 percent of respondents replied "yes" for full-service restaurants, while only 30 percent replied "yes" of drive-through restaurants. In the two years since the survey, however, fast casual and drive-through fast food restaurants continue to develop at faster pace than full-service restaurants, and many vacant pad sites are still available for development. Currently, the Zoning Ordinance does not specifically define or distinguish fast food restaurants. The "restaurant or cafeteria" use is permitted by right in the LR, C-1, C-2, OC, 1-1 and 1-2 zoning districts. The use "drive-through buildings of less than 1,400 square feet" require SUP approval in C-1, C-2, 1-1 and 1-2. The Zoning Ordinance also does not include any specific development standards for drive-through establishments. Standards common to other municipalities include drive-through stacking depths; location and orientation of menu boards, speakers and pick-up windows; and design and dimensions of drive through lanes. The proposed text amendments described below would expand the land use definitions to mirror current industry standards, address which zoning districts in which each type of restaurant is permitted, and provide for generally applicable design standards for restaurants that provide drive-through service. Packet Pg. 38 D.2 MFIt NC:KTH KIC H&.AND HILLS Definitions The Zoning Ordinance provides only one land use related to dining (restaurant or cafeteria). Current industry standards categorize restaurants into three general categories: full service restaurant, fast casual restaurant, and quick service restaurant. The proposed text revision would amend Section 118-1 Definitions to add the following new terms: • Restaurant, fast casual. An establishment that serves food or beverages for immediate consumption either on the premises, or to be taken out for consumption elsewhere. A fast casual restaurant is typically characterized as an establishment in which the menu contains more upscale, diverse, and made to order items; the food is custom prepared and either brought to the table or the customer is called back to the counter; a majority of the sales are made at a counter, with little or no drive through provided; the decor and atmosphere is upscale; and the check averages are higher compared to quick service restaurants. • Restaurant, full service. An establishment that serves food or beverages for immediate consumption primarily on the premises, with only a minor portion, if any, of the food being taken out of the establishment. A full service restaurant is characterized as an establishment in which food is cooked or prepared on the premises on a customer-demand basis, requires payment after consumption, and provides seating and tables for on-premises customer dining with table service (wait staff). • Restaurant, quick service. An establishment where food or beverages are prepared in advance of customer orders or are able to be quickly prepared for consumption on or off the premises, are ordered and served over counters or at drive-through windows, and paid for before being consumed. Employees of the restaurant customarily do not provide service to customers at their tables. Examples of this type of facility may include, but are not limited to, establishments selling primarily hamburgers or other hot or cold sandwiches, hot dogs, tacos and burritos, pizza slices, fried chicken or fish and chips. Land Uses Building on the three types of restaurants, each would be added as land uses in the table of permitted uses. Some uses would be permitted by right, while others would require approval of a special use permit. In addition, the current land use "restaurant or cafeteria" would be deleted. The proposed text revision would amend Section 118-631 Table of Permitted Uses to read as follows. For clarity, the residential districts are not shown. Packet Pg. 39 D.2 MFIt NC:KTH KICH&.AND HILLS SECTION 118-631:TABLE OF PERMITTED USES [#]=Conditions. Reference Section 118-633 for NON-RESIDENTIAL DISTRICTS TOWN CENTER specific conditions to listed uses. P=Permitted by Right S=Special Use Permit Required [Blank]=Not Permitted NP=Not Permitted H B=Defers to Base Zoning District ° R ` 3 A=Ancillary o N U N U O U U O ¢ w C7 U U LL f 11111011191111 monsoons' Restaurant,fast casual 26 S P P P P S S P P B Restaurant,full service 26 S P P P P S S P P B Restaurant,quick service 26 S S S P P S S S S B Drive-Through Service Most quick service restaurants provide drive-through service as part of the business model. Some fast casual restaurants, such as Panera Bread and Jason's Express, have added drive-through service to existing and new restaurant locations as a way to lower operating costs and increase sales. Currently, there are not any general site design standards related to drive-through service. The proposed amendment includes standards related to driveway access; the location of pick-up windows, menu boards, and speakers, drive-through lane design and screening; and stacking for vehicles. These standards would help ensure that restaurants with drive-through service are compatible with adjacent uses and provide better traffic circulation and pedestrian safety on the site. The proposed text revision would amend Section 118-633 Special Land Use Regulations to add the following language for restaurants with drive-through service: "(26) Restaurants with drive-through service. For restaurants that provide drive- through service, the following standards shall apply upon new construction; or to any building remodeling, alteration, addition, or expansion where the value of the improvements exceed 50 percent of the current appraised value of the existing structure, excluding the value of the land, or increases the square footage of the building by 30 percent or more. a. Location requirements. A restaurant with drive-through service must have its primary driveway access on an arterial roadway, as identified on the Thoroughfare Plan. Packet Pg.40 D.2 MFIt NC:KTH KIC H&.AND HILLS b. Window location. Drive through windows must not face a public street. c. Menu boards and speakers. Menu boards and speakers must be located at least 50 feet from the property line of a residential use. Speakers must be oriented to face away from the property line of a residential use. d. Drive through lanes. All drive through lanes must comply with the following standards: 1. The drive through lane must have a minimum width of 10 feet and a maximum width of 15 feet. 2. The drive-through lane must be separated from traffic aisles, other stacking lanes, and parking areas with striping, curbing, landscaping, or the use of alternative paving materials. 3. The entrance to the drive through lane must be clearly marked and located at least 50 feet from all public streets. 4. A drive through lane is not permitted to be located between the building and a public street. 5. A drive-through lane must not interfere with the use of parking spaces, interior pedestrian circulation, or access to any public street. e. Special use permit provision. In order to respond to unique aspects of the site or building, such as infill development, modifications to or deviations from these standards may be approved through approval of a special use permit. The proposed text revision would also amend Section 118-833 Schedule of Minimum Number of Parking Spaces to add the following language that would apply to cafe, restaurant, cafeteria, and eating or drinking establishments: ■ Restaurants with drive-through service must provide at least 6 stacking spaces, as measured from the pickup window. CITY COUNCIL DATE: If recommended for approval by the Planning & Zoning Commission, the City Council will consider this request at the November 9, 2015 meeting. If denied by the Planning & Zoning Commission, the applicant will still have an opportunity to appeal to City Council at the same November 9 meeting. Recommendation: Packet Pg.41 MFIt NOKTH KICHLAND HILLS To approve TR 2015-03. Packet Pg.42 D.2.a ORDINANCE NO. xxxx AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS BY AMENDING SECTIONS 118-1, 118-633, AND 118-833 OF CHAPTER 118 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AS THEY PERTAIN TO RESTAURANTS AND DRIVE- THROUGH SERVICE; ESTABLISHING A PENALTY; Ln PROVIDING FOR SEVERABILITY AND PROVIDING cm FOR PUBLICATION. cm WHEREAS, the Planning & Zoning Commission has after conducting a public hearing has made its recommendation for the following amendment to the zoning ordinance; and, U) WHEREAS, after appropriate notice and public hearing, the Planning & Zoning Commission of the City of North Richland Hills, Texas has forwarded a recommendation to the City Council for amendment of the City's zoning ordinance as set forth herein; and, WHEREAS, notice has been given and public hearings held as required for amendments to the zoning ordinance; U) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: E Section 1: THAT the Comprehensive Zoning Ordinance and Code of Ordinances of r_ the City of North Richland Hills be amended by amending Section 118-1 of Chapter 118 of the North Richland Hills Code of Ordinances to add the following definitions: Ln cm Restaurant, fast casual. An establishment that serves food or beverages for immediate consumption either on the premises, or to be taken out for consumption elsewhere. A fast casual restaurant is typically characterized as an establishment in which the menu contains more upscale, diverse, and made to order items; the food is custom prepared and either brought to the table or the customer is called back to the counter; a majority of the sales are made at a counter, with little or no drive through Packet Pg.43 D.2.a provided; the decor and atmosphere is upscale; and the check averages are higher compared to quick service restaurants. Restaurant, full service. An establishment that serves food or beverages for immediate consumption primarily on the premises, with only a minor portion, if any, of the food being taken out of the establishment. A full service restaurant is characterized as an establishment in which food is cooked or prepared on the premises on a customer- demand basis, requires payment after consumption, and provides seating and tables CM for on-premises customer dining with table service (wait staff). Restaurant, quick service. An establishment where food or beverages are prepared in CM advance of customer orders or are able to be quickly prepared for consumption on or off the premises, are ordered and served over counters or at drive-through 2 windows, and paid for before being consumed. Employees of the restaurant customarily do not provide service to customers at their tables. Examples of this type of facility may include, but are not limited to, establishments selling primarily hamburgers or other hot or cold sandwiches, hot dogs, tacos and burritos, pizza slices, fried chicken or fish and chips. U) Section 2: THAT the Comprehensive Zoning Ordinance and Code of Ordinances of the City of North Richland Hills be amended by adding the "Restaurant, fast casual," "Restaurant, full service," and "Restaurant, quick service" land uses to Section 118-631(a) Table of Permitted Uses of Chapter 118 of the North Richland Hills Code of Ordinances, as shown on Exhibit A attached hereto and incorporated herein. Section 3: THAT the Comprehensive Zoning Ordinance and Code of Ordinances of the City of North Richland Hills be amended by deleting the "Restaurant or Ln cafeteria" land use from Section 118-631(a) Table of Permitted Uses of CM Chapter 118 of the North Richland Hills Code of Ordinances. Section 4: THAT the Comprehensive Zoning Ordinance and Code of Ordinances of the City of North Richland Hills be amended by adding the following to Section 118-633 of Chapter 118 of the North Richland Hills Code of Ordinances: "(26) Restaurants with drive-through service. For restaurants that provide drive-through service, the following standards shall apply upon new construction; or to any building remodeling, alteration, addition, or expansion where the value of the improvements exceed 50 percent of the Packet Pg.44 D.2.a current appraised value of the existing structure, excluding the value of the land, or increases the square footage of the building by 30 percent or more. a. Location requirements. A restaurant with drive-through service must have its primary driveway access on an arterial roadway, as identified on the Thoroughfare Plan. Ln b. Window location. Drive through windows must not face a public street. Cm c. Menu boards and speakers. Menu boards and speakers must be Cm located at least 50 feet from the property line of a residential use. Speakers must be oriented to face away from the property line of a residential use. U) d. Drive through lanes. All drive through lanes must comply with the following standards: a Z 1. The drive through lane must have a minimum width of 10 feet and a maximum width of 15 feet. U) 2. The drive-through lane must be separated from traffic aisles, other stacking lanes, and parking areas with striping, curbing, landscaping, or the use of alternative paving materials. 3. The entrance to the drive through lane must be clearly marked and located at least 50 feet from all public streets. 4. A drive through lane is not permitted to be located between the building and a public street. Ln Cm 5. A drive-through lane must not interfere with the use of parking spaces, interior pedestrian circulation, or access to any public street. e. Special use permit provision. In order to respond to unique aspects of the site or building, such as infill development, modifications to or deviations from these standards may be approved through approval of a special use permit. Packet Pg.45 D.2.a Section 5: THAT the Comprehensive Zoning Ordinance and Code of Ordinances of the City of North Richland Hills be amended by amending the following to within Section 118-833 of Chapter 118 of the North Richland Hills Code of Ordinances to read as follows: Use Number of Required for Each Additional Requirements Ln Spaces ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ 5. FOOD AND BEVERAGE c. Cafe restaurant cafeteria and all 1 100 square feet of floor Minimum of 15 spaces. q p eating or drinking establishments Restaurants with drive-through service must provide at least 6 stacking spaces,as measured from the pickup window. Section 6: Any person, firm or corporation violating any provision of the comprehensive zoning ordinance as amended by this ordinance shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. U) Section 7: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or otherwise invalid by the final judgment or decree of any court of competent jurisdiction, such r_ invalidity shall not affect any of the remaining phrases, clauses sentences, paragraphs and sections of this ordinance, since the same Ln would have been enacted by the city council without the incorporation in this ordinance of any such invalid phrase, clause, sentence, paragraph or cm section. Section 8: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 9: This ordinance shall be in full force and effect immediately upon passage. AND IT IS SO ORDAINED. Packet Pg.46 D.2.a Passed on this 17th day of December, 2015. CITY OF NORTH RICHLAND HILLS Ln By: cm Oscar Trevino, Mayor cm ATTEST: U) Alicia Richardson, City Secretary 0 Approved as to form and legality: a Z George A. Staples, Attorney U) Ln cm Packet Pg.47 (CO-MZ NJ : zzA aoiAies QB m OAIJP puemug qs& - aueu|pi &© £?gwz NJ :Wa Qoq co 2 le a 2 a. _D a. a. § maD a. a V) k ` ®P : O : n § E 5 : § | w : co r « : a. ) k z a. a : a. § ) : co § Nq a. a. : co Vo co cn e : : Cl) k VHW P k 1-9 : § C : z ee®o m m : m ) � : Go Go ) � g C0 kk Cr / 2= • � �- . 2 aw [ 2 $ �° ® _ ® - - . Q { Q \ k \ / 0.9 § ; ± a a = a 2 i f o 2 C , , , , ; E 2 a. m co z = « ) ) w J J J