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Home My WebLink AboutPZ 2015-05-07 Agendask4RH NORTH RICHLAND HILLS CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION AGENDA 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TX 76180 THURSDAY, MAY 7, 2015 WORK SESSION: 6:30 PM Held in the City Council Work Room CALL TO ORDER 1. Annoucements - upcoming city events 2. Discuss development activity report and City Council action. 3. Review and Discuss Proposed Amendments to Ordinance 3343 related to Solar Panels. .REGULAR MEETING: IMMEDIATELY FOLLOWING WORKSESSION (BUT NOT EARLIER THAN 7:00 PM) A. CALL TO ORDER A.1 PLEDGE OF ALLEGIANCE EXECUTIVE SESSION The City Council 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 City Council to seek advice from the city attorney (551.071) as to the posted subject matter of this City Council meeting. The City Council 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 April 16, 2015 Planning & Zoning Commission Meeting. 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. Thursday May 7, 2015 Planning and Zoning Commission Agenda Page 1 of 2 D. PLANNING AND DEVELOPMENT E. ADJOURNMENT Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in com�N Chapter 551, Texas Government Code on May 4, 2015 at 5:30 PM. a•......... AK A 64-�L City Secreta 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 May 7, 2015 Planning and Zoning Commission Agenda Page 2 of 2 D 140L 1W Rib "ArRok., NORTH KIC;HLA D HILLS PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the City Manager Date: May 7, 2015 Subject: Annoucements - upcoming city events Presenter: Clayton Comstock, Planning Manager Summary: At each Planning and Zoning Commission meeting a member of staff announces upcoming events in the City. General Description: Planning Manager Clayton Comstock will provide an update on upcoming city events. Packet Pg. 3 D 140L 1W Rib "ArRok., NORTH KIC;HLA D HILLS PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the City Manager Date: May 7, 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: Planning and 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 140L 1W Rib "ArRok., NORTH KIC;HLA D HILLS PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the City Manager Date: May 7, 2015 Subject: Review and Discuss Proposed Amendments to Ordinance 3343 related to Solar Panels. Presenter: Clayton Comstock, Planning Manager Summary: Review and Discuss Proposed Amendments to Ordinance 3343 related to Solar Panels. General Description: Discussion of TR 2015-01 on tonight's agenda regarding amendments to Sections 118- 1, 118-718, and 118-719 of the North Richland Hills Code of Ordinances (Zoning Ordinance) including regulations for solar energy systems and other accessory structures. Packet Pg. 5 B.1 140L 1W Rib "ArRok., NORTH KIC;HLA D HILLS PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the City Manager Date: May 7, 2015 Subject: Approve minutes of the April 16, 2015 Planning & Zoning Commission Meeting. Presenter: Clayton Comstock, Planning Manager Summary: General Description: The Planning Department prepares action minutes for each Planning and Zoning Commission meeting. The minutes are placed on the 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: Approve minutes of the April 16, 2015 Planning & Zoning Commission Meeting. Packet Pg. 6 B.1.a MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS MONTH April 16, 2015 Ln oo cm 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. 0 U) 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 0 David Russell Engineer Associate Cheryl Booth Recording Secretary 0 Call to Order Chairman Shiflet called the meeting to order at 6:30 p.m. A.1 General Announcements-upcoming city events CL Ln Planning Manager, Clayton Comstock presented announcements. Sounds of Spring cm 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. E A.2 Discuss development activity report and City Council action April 16,2015 P&Z Minutes Page 1 Packet Pg. 7 B.1.a 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; Ln CVS Pharmacy in the Kroger Marketplace development and Dolce Living Phase II in cm 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 U) 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 0 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 IN 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 Ln do care, but it is not a strong role. cm 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 P&Z Minutes Page 2 Packet Pg. 8 B.1.a 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 Ln street visible. cm 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. U) 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. 2 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 0 structure restrictions. E r_ 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 Ln 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. cm 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 Packet Pg. 9 B.1.a 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 Ln be replaced as part of the lease agreement. The revenue stream is based upon cm 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. U) It is also a thermal issue. The cooler the unit is, the more efficiently it will operate. S 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. 2 Nancy Bowman, 8229 Vine Wood Drive; North Richland Hills. I am speaking on behalf of Home Owners Associations. Laws were passed in Texas legislation that HOAs 0 cannot restrict homes from solar installations if the solar decreases electricity use by at least ten (10)%. Ms. Bowman was integral in writing this policy for her Home Owner's Association. 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. Ln Mr. Lepinski stated that he can provide that federal rebate information. cm 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 Packet Pg. 10 B.1.a 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. Ln cm 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. 4- A.4 Discuss items from the regular Planning and Zoning Commission meeting U) Planning Manager, Clayton Comstock presented ZC 2015-08 Legacy Church of Christ request for a zoning change from I-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. °A B.0 Adjournment 0 There being no other business, Chairman Shiflet adjourned the work session at 7:10 p.m. ° 0 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. Ln cm A.1 PLEDGE OF ALLEGIANCE ° Jerry Tyner led the National Pledge of Allegiance. Jerry Tyner led the Texas Pledge of Allegiance. 4- 0 Chairman, Randal Shiflet announced that all Commission members are present with the U) 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 Packet Pg. 11 B.1.a B.0 CONSIDERATION OF MINUTES r_ B.1 Approve minutes of the March 19, 2015 Planning & Zoning Commission Meeting. CL Ln APPROVED BILL SCHOPPER MOVED TO APPROVE MINUTES OF THE MARCH 19, 2015 MEETING. STEVEN COOPER SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. 0 U) C. PUBLIC HEARINGS S C.1 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 0 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. Ln 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 cm 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. E 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 P&Z Minutes Page 6 Packet Pg. 12 B.1.a S Earl Patricia Matthews; 8608 Martin Drive; North Richland Hills did not wish to speak. He is unsure if he supports or opposes the application. Ln Chairman Shiflet closed the Public Hearing at 7:23 p.m. oo MIKE BENTON MOVED TO APPROVE ZC 2015-08. BILL SCHOPPER SECONDED THE MOTION. ° MOTION TO APPROVE CARRIED 6-0. 4- D. PLANNING AND DEVELOPMENT U) 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. S 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 0 layout so that it meets code. This final concept plan was resolved on April 15, 2015. CD 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. Ln 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 cm 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 Packet Pg. 13 B.1.a 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 Ln stopping sight distance. There is a speed bump installed which already slows traffic cm 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 U) for optimal drainage and maintenance. S 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. 2 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 0 gain more space per home? E r_ 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. CL Ln 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 cm 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 Packet Pg. 14 B.1.a 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 Ln been approved by City Council. cm BILL SCHOPPER MOVED TO APPROVE PP 2015-01. MARK HAYNES SECONDED THE MOTION. ° MOTION TO APPROVE CARRIED 6-0. 4- E. ADJOURNMENT U) S Chairman Shiflet adjourned the meeting at 07:45 p.m. 0 Chairman Secretary S Randal Shiflet Don Bowen °A 0 c� E r_ 0 ° E CL Ln ° 4- 0 U) April 16,2015 P&Z Minutes Page 9 Packet Pg. 15 C.1 140L Im Rib "ArRok., NORTH KIC;HLA D HILLS PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the City Manager Date: May 7, 2015 Subject: 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. Presenter: Clayton Comstock, Planning Manager Summary: The primary purpose of Ordinance 3358 is to remove the Special Use Permit requirement for street-facing roof mounted solar panels. General Description: BACKGROUND: ORDINANCE 3343 In the early part of 2014, the Planning & Zoning Commission and City Council were approached with two SUP requests for ground-mounted solar panel systems that exceeded 500 square feet in size. The two cases, coupled with a rush of roof mounted solar panel permits, lead city staff to review solar panel policies as well as ordinances from other cities and ask the Commission and City Council what direction they would like to see on the subject. Work sessions were held September 18 and 22 with P&Z and City Council respectively and the collective direction from both bodies to staff was to allow solar panels on non-street facing roof slopes by-right and require an SUP for roofs that faced a street. Additional direction was given to adopt ground mounted solar panel policies that were similar to other communities' standards that have ordinances on the subject. Ordinance 3343 was then passed by City Council with a 5-2 vote on December 8, 2014. This ordinance also included some amendments related to accessory structures in general. BACKGROUND: PETITION & RESIDENT SURVEY Shortly after the ordinance was passed, a petition calling for the repeal of the ordinance was submitted to the City. The petition contained over 800 signatures from registered NRH resident voters. The group that circulated the petition expressed that their primary objection was to the SUP requirement for street-facing solar panels. It was the legal opinion of the City Attorney that a petition to repeal an ordinance could not be used to repeal a zoning ordinance. This opinion was based on state law and case law regarding this issue. However, the City Council did hear the concerns of the petitioners and believed it important to explore the issue further. Packet Pg. 16 C.1 140L 1W Rib "ArRok., NORTH KIC;HLA D HILLS To this end, the City Council directed the staff to conduct a survey to include those citizens who signed the petition as well as another random sample of an equal number of registered voters in the City who did not sign the petition. The purpose of this was to get balanced input regarding solar panel regulations. Approximately 1,600 residents were surveyed and the results were reviewed with the Planning and Zoning Commission during the last meeting. The survey results are also attached to this report for your information. PROPOSED REVISIONS – ORDINANCE 3358 As a result of the petition, the survey, and additional discussion with the Planning & Zoning Commission at their work session on April 16, the following revisions are proposed to the solar panel regulations as part of Ordinance 3358: 1. Removal of the Special Use Permit requirement for street-facing roof mounted solar panels. 2. Increase the maximum separation between a pitched roof and the solar panel from 6 inches to 8 inches. 3. Maintenance of solar panels has consistently been a concern of staff, the Commission and Council. To that end, a new section is proposed that requires systems to be maintained and kept operable. If damaged or inoperable, the system must be removed within 60 days of notification. 4. To cover any systems that may have been installed prior to this ordinance and may not meet all the ordinance's provisions, a new section is proposed that deems them as legally nonconforming. 5. Clarifying language that allows an SUP for any solar panel installation that cannot meet the requirements of this ordinance. This would give City Council authority to grant variances as needed. The proposed ordinance is attached with revisions highlighted in red text. COMPARISON TO OTHER DFW CITIES: During initial discussions prior to adoption of this ordinance, staff provided information as to the ordinance requirements of other DFW Metroplex cities. Some cities such as Benbrook, Flower Mound and Richland Hills—among others—allow solar panels by right but also regulate their location, height, setback, etc. similar to NRH's proposed ordinance. Four cities of those su rveyed—South lake, Carrollton, Allen and Argyle— have ordinances that do not allow street-facing solar panels by right and/or require special approvals by other elected or appointed boards. Staff has discussed the topic with these cities and none plan to remove the street-facing panel provision in the near future. The NRH current ordinance as adopted leaned toward the more restrictive Packet Pg. 17 C.1 140L Im Rib "ArRok., NORTH KIC;HLAND HILLS ordinances, but was not as restrictive as many area cities and did not seek to prohibit solar panels. The proposed ordinance amendments will place the NRH ordinance more in the middle as compared to other area cities while still providing a consideration process for those who cannot install solar panels in such a way as to comply with the ordinance. A more detailed comparison to other cities' ordinances can be provided at the meeting. ADDITIONAL INFORMATION PROVIDED At their April 16 work session, the Planning & Zoning Commission requested some additional information regarding the Texas state law limiting HOA restrictions on solar panels and the incentive programs for solar panels. Below is information on these topics for review- 1. Follow the link for Section 202.010 of the Texas Property Code regarding Homeowner Associations' limitations on restricting solar panels. The statute essentially states that HOAs must permit owners to install solar panels with certain permissible limitations. 2. Follow the link for the federal Residential Renewable En Credit. A taxpayer may claim a credit of 30% of qualified expenditures for a system that serves a dwelling unit that is owned and used as a residence by the taxpayer. Expenditures include labor costs for on-site preparation, assembly or original system installation, and for piping or wiring to interconnect a system to the home. If the federal tax credit exceeds tax liability, the excess amount may be carried forward to the succeeding taxable year. 3. Follow the link for Oncor Electric Delivery's Solar Photovoltaic Residential Standard Offer Program. Oncor provides incentives to Service Providers who install solar photovoltaic systems on homes located in Oncor's service area. The incentive helps offset the initial cost of installing the system on a consumer's home that otherwise would not have been installed or would have been installed at a later date without the incentive from Oncor. FUTURE SOLAR PANEL INFORMATIONAL TOWN HALL Staff believes that this proposed zoning ordinance amendment is responsive to the public input received thus far, and addresses the concerns regarding solar panel height, setback, location, screening, etc. and asks that the proposed ordinance amendment proceed forward for public hearing and consideration of these zoning-related issues. The remaining questions that have been asked relate more to private industry, emerging technologies, incentive programs, building code and installation safety, etc. It is staff's recommendation that a town hall type meeting be scheduled in the near future to provide an educational forum where subject matter experts can provide information to the public related to these topics. This forum would be organized and Packet Pg. 18 C.1 140L Im Rib "ArRok., NORTH KIC;HLA D HILLS facilitated by staff, and allow the community to hear and ask questions about the process for solar panel installation in NRH, incentive programs available and how to apply, information on solar panel leases, state law related to HOA restrictions, and other topics. ORDINANCE NO. 3358 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS BY AMENDING SECTION 118-718, OF CHAPTER 118 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AS THEY PERTAIN TO SOLAR PANEL SYSTEMS; ESTABLISHING A PENALTY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning & Zoning Commission has after conducting a public hearing has made its recommendation for the following amendment to the zoning ordinance; and, 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; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Zoning Ordinance and Code of Ordinances of the City of North Richland Hills be amended by amending the following within Section 118-718(g) of Chapter 118 of the North Richland Hills Code of Ordinances: Packet Pg. 19 140L 1W Rib "ArRok., NORTH KICHLAND HILLS (g) Solar panel systems. Solar panel systems which meet all applicable building codes as well as the following standards shall be permitted in any zoning district only after issuance of a building permit. (1) Roof mounted solar panel systems: a. Location: Roof mounted solar panel systems sliaN flol iDay be located on ilie an roof slope, I'H6ng a piiW e stwel OF tiny •N)1' sk)f)e f)l•ojeelifl# 1'n:)111 41e 14�otn biiild�n# I'Heade. Solar panels may not extend beyond roof edges. See Figure 1-14: Roof-Mounted Solar Panel Location Standards. b. Maximum height, pitched roof: Roof mounted solar panel systems shall have a top edge that does not project above the roofline, shall conform to the slope of the roof, and shall not exceed an 68-inch separation between the roof and the system. See Figure 1-14: Roof-Mounted Solar Panel Location Standards. c. Maximum height, flat roof. Solar panel systems mounted on flat roofs shall not exceed the maximum height permitted within the zoning district and shall be screened in accordance with Section 118-877(a), mechanical equipment screening for nonresidential uses and nonresidential zoning. (2) Ground mounted solar panel systems. Ground mounted solar panel systems shall comply with all standards for permanent accessory buildings and structures, except: a. Roof pitch and masonry requirement shall not apply. b. Screening required: An opaque screening fence shall be provided to screen the system from adjacent properties. c. Maximum height: Shall not exceed the height of the required opaque fence and in no case shall exceed eight feet. d. Long lengths of conduit and wiring associated with the system's connection to the primary electrical panel shall be placed underground. (3) Special use permit provision. Properties not able to justifiably meet the k)eHtion criteria provided herein may apply for a special use permit. (4) yy / it nay 12 Y !�lil � � �LL,' �%Syeins', A sokii and s sluffl be indnudne(I �n compHance wkli stan(hir(ls con an apvkaWe buH(J ng CO(les so as to ensure die strucwra� !'!i!n,WJ!y an gpn,jabHky �2! ih w!�112 an ks ijpdejjy�ng 1�ooljl'rool'niounte(j KuD)P �DsPCCW:)n by tli� bijklang t1le sys„ten ii k (Ietertnane(l not to coindy ivkli tlie co(le stan(lar(lsn k a'm2p jaWe, or constitffles a (Jan gej` tin pgj�s�:nps 1, •Og•ty an(I tlie systg1ii k not nimle sal'e or reniove(j wkIdn 60 1 Packet Pg. 20 140L IM Rib "ArRok., NORTH KICHLAND HILLS (1,0 �:21' notification 1rom flie cky ol' flie iunsale or �nop�jCiWe sYsteil, flie owner wffl be cons�(Iere(] in vaokidon ol' tlds or(finance ADY s��Wr jxine� w1dcn k vkaWy daiffiig��j ty !�,ffl or ottier (jebijs sliffl be reniove(l or repkice(j wkldn 60 (Jay 1'n o t j fi ca t j on (5) whr py�j�,� ��jsleins yn(l non(,oll A sgkir pane� s.ystein 01)�!"Itivc DIME W tbc C11CCOYC (]cite 01'tbc 01(finance 1rom wldcli tlds section k (1eiive(1 an(I wldcli may n��t Inggl, pail flie reg! i,Itjons ol' tljs section sliffl be fflowe(j to contjnlue ks 121e��!!! !LcIE cis (I nonconfimu�'ng !1�� an(] sliffl be treate(] as a nonconfi)nn�'ng iuse 4n 11CCOAlance wkll It k cl, 12!�,j Poffline imflntenance g system New constnMion ottier flea •omine imdntenance on an exkting s��kjr jxinel systclil SIMU cfflildY �Ykb flie req!jajvnients ol,tlds arfl& Section 2: THAT the Comprehensive Zoning Ordinance and Code of Ordinances of the City of North Richland Hills be amended by adding the following illustrations to Article IX of Chapter 118 of the North Richland Hills Code of Ordinances: I Packet Pg. 21 C.1 140L 1W Rib "ArRok., NORTH KIC;HLA D HILLS FIGURE I-14: ROOF MOUNTED SOLAR PANEL HEIGHT STANDARD Sec ion 3: Any person, firm or corporation violating any provision of the comprehen ive fa 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 4: 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 invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such invalid phrase, clause, sentence, paragraph or section. Section 5: 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 6: This ordinance shall be in full force and effect immediately upon passage. AND IT IS SO ORDAINED. Passed on this 18th day of May, 2015. CITY OF NORTH RICHLAND HILLS By: Packet Pg. 22 C.1 140L 1w Rib "ArRok., NORTH KIC;HLA D HILLS Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary Approved as to form and legality: George A. Staples, Attorney Recommendation: Approval of Ordinance No. 3358. Packet Pg. 23 C.1.a MRH City of North Richland Hills Survey on Solar Energy Systems The City of North Richland Hills City Council and staff would like your input on solar energy systems. Aesthetics 1. Should aesthetics be considered when solar panel systems are installed on a residential property? _yes, they are unattractive and should be kept out of sight _yes, they should blend in with the home's architecture _yes, but only in special situations (i.e. a larger or highly visible array) _ No, I don't care what they look like General Perception of Solar Panels Petition Non-Petiton 111111 All 100% 80 60 40% %39%34% ° 35% cm OL . o 20% 5°°... 012% °.1 1 54 ° °/. .... r .. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII .... Ln Yes,they are Yes,they should Yes, but only in No, I don't care unattractive and be blend in with special situations what they look like U' should be kept out the home's (i.e. larger or of sight architecture highly visible CD array) CO Ground Mounted Solar Panel Systems If a neighbor installs a ground mounted solar panel system in their back yard, which of the following would you CO find acceptable: 2. Maximum Height: 6 feet 8 feet 12 Feet 15 feet No limit (Point of reference:most wood fences are 6 feet tall) Maximum Height of Ground Mounted Solar Units 11111111111 Petition 111111111111 Non-Petiton 111111 All 100 80 60% 9 40% 29% ?? O Ol5 17549 18% 20% 0% ....HHVVtIAldlllllllllllll ....2%2/2/ � .. 6 feet 8 feet 12 feet 15 feet No limit Packet Pg. 24 C.1.a 3. Maximum Size: 100 sq ft 250 sq ft 500 sq ft 1,000 sq ft No limit (Point of reference:500 sq ft is about the same size as a two car garage) Maximum Size of Ground Mounted Solar Units Petition Non-Petiton 111111 All 100 80 60 42%439% 40% 2.69 o J .... 14% 21%21%21% 21% 3/ 0 0 .. 20/ 9so 1 g lll5lllll ull o Jll .... 0% 100 sq ft 250 sq ft 500 sq ft 1000 sq ft No limit CD Ln CD Cm 4. Height of Screening: _6 ft privacy fence _ 8 ft privacy fence Ln _fence same height as panels no screening required U' Height of Required Screening CO IIIIIIIIIIII Petition iiiiiiiiiiii Non-Petiton IIIIII All 0 100% CO 80 60 40% 3.1 % 31�2%.... o 0 29 20/ 22%17%20% 16%20%18% 25% o 6 ft privacy fence 8 ft privacy fence fence same height No screening as panels required Packet Pg. 25 C.1.a 5. If a neighbor wants to install aground mounted solar panel system in their backyard, should you be notified and given the opportunity to provide input: _yes, only if it will be visible from street _yes, only if it will be visible from my yard _yes, for any system I should not be notified Ground Mounted-Should You Be Notified Petition Non-Petiton 111111 All 100 80 55% 60% 41%49,o .... 40% 20%....30% 30% 20% 12%18%15% CD 0% 11111 IIIIIIIIIIIIIIIII L. �riiiiiiiiiiiiiiiii Ln Yes,only if it will Yes,only if it will Yes,for any I should not be CD be visible from the be visible from my system notified street yard Ln Roof Mounted Solar Panels If a neighbor installs solar panels on their roof, which would you find acceptable: U) 6. Location: side roof back roof front roof any CO Roof Mounted - Acceptable Location 0 IIIIIIIIIII Petition 111111111111 Non-Petiton 111111 All CO 100 80 58% 60% o 9/0— 40% 35% 20% 14° 1%�5%14° .. / 1% 1% I 0 ,,, .... % Side roof Back roof Front roof Any Packet Pg. 26 C.1.a 7. Solar panels that lay flat on the roof and do not extend beyond the edge of the roof _Yes No Yes-Solar Panels Should Conform to Roof Shape & Angle IIIIIIIIIIII Petition IIIIIIIIIIII Non-Petiton 111111 All 100% .... .... 9.11YO .... .... .... .... .... .... .... .... 77% 73% 80 60% J 40% 20% 0% Ln Roof Mounted Solar Panels that lay flat on the roof and do not extend beyond the edge of the roof Ln U) 8. Solar panels that stick up at an angle or extend wa beyond the edge of the roof CO Yes No 0 CO Yes-Roof Mounted Units Can Stick Up IIIIIIIIIIII Petition IIIIIIIIIIII Non-Petiton 111111 All 100 80 60 40% 30so 0 23% 20% 0% Roof Mounted Solar Panels that stick up at an angle or extend beyond the edge of the roof Packet Pg. 27 C.1.a 9. If a neighbor wants to install roof mounted solar panels, should you be notified and given the opportunity to provide input: _yes, only if it will be visible from street _yes, only if it will be visible from my yard _yes, for any system _ I should not be notified Roof Mounted-Should You Be Notified IIIIIIIIIII Petition iiiiiiiiiiii Non-Petiton Milli All 100 90% 80 70% 70% 61% 60 50% 47%.� Ln 40% cm 20/ 21/ 20% 0 12% 10% 14% / 7° U) 0% Yes,only if it will be Yes,only if it will be Yes,for any system I should not be notified 4) visible from the street visible from my yard CO (Comments on back) 0 Comments CO Please share any additional comments you have regarding solar energy systems below: Packet Pg. 28