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HomeMy WebLinkAboutPZ 2004-09-02 Minutes _.,....._------"~-,--~'------~-~----- MINUTES OF THE WORKSESSION MEETING OF THE PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS SEPTEMBER 2, 2004 1. CALL TO ORDER The meeting was called to order by Chairman Richard Davis at 6:48 p.m. 2. ROLL CALL PRESENT Chairman Vice Chair Secretary Ex Officio Richard Davis Bill Schopper Ken Sapp Randy Shiflet Scott Wood Suzy Compton ABSENT Don Bowen Brenda Cole CITY STAFF Director of Planning Building Official Recording Secretary Dave Green Dave Pendley Holly Blake 3. CONSIDERATION OF THE MINUTES OF AUGUST 19, 2004. APPROVED Mr. Schopper, seconded by Mr. Sapp, motioned to approve the minutes of August 19, 2004. The motion was approved unanimously 5-0. 4. DISCUSSION OF POTENTIAL "DONATION BOX" REGULATIONS Dave Green, Director of Planning, stated that about a year ago staff began noticing an increase of donation boxes around the City. Originally, staff started to put something together at that time, but then the activity leveled off. However, in the last few months Page 1 of 6; 09/02104 P & Z Minutes - Worksession the City has had a huge influx of donation boxes. Currently, the Zoning Ordinance doesn't specifically addresses donation boxes. Bill Schopper asked if this would affect the Goodwill trailers that are parked around the City. Dave Pendley, Building Official, answered that the intent is not to affect the Goodwill trailers. Chairman Davis commented that those are temporary. Dave Pendley explained that the Goodwill trailers are manned and kept clean, although items are sometimes left outside the trailers and those items can be unsightly. The purpose of an ordinance would be to try to address these jssues. Ken Sapp commented that donation boxes are always used to drop off "junk". In his opinion it looks horrible. Dave Pendley stated that one of the Council members has been asking about where the donation boxes are coming from. Staff has met with the organization that owns the boxes and explained to them that the City's ordinances don't currently address the clothing donation boxes, but the City would like to put something in place to make the boxes subject to building code. They would be subject to the masonry requirements, setback lines, and building permits. That could be detrimental to the organization that owns these boxes. Bill Schopper stated that he had heard that when these boxes first came out that there was a scam. The people who owned the boxes were taking the items that were donated and sold the items. Is there anything in the City's Nuisance Ordinance that can make these boxes go away? They are not worth regulating. Suzy Compton asked if they were just being dropped off or do they get permission. Dave Pendley stated that the boxes that have been seen where put there by one organization and that this organization suggested the ordinance, in fact, this organization has helped other cities develop an ordinance for this purpose. Staff has made some modifications to the suggestions that were made. Ken Sapp stated that there is nothing written that will keep people from dumping outside the boxes. If they do, who gets fined? Dave Pendley explained the conditions as outlined below; 1. Clothing Donation Containers A. Definition: Any non-manned structure or container which has enclosing walls, a roof and a floor, not to exceed the dimensions of six feet, one inch (6'-1") in width or in depth, nor shall exceed seven feet (7') in height, which is used for the donation of clothing. Said structure or container shall be of adequate weight to withstand typical weather conditions as to not be moved within a parking lot by wind. The structure or container must be built substantially enough as to Page 2 of 6; 09/02104 P & Z Minutes - Worksession not pose any public threat, and be painted or finished in a way that is visually coherent and conducive to the primary structure on the property. 2. Conditions A. The organization benefiting from the Clothing Donation Container must be registered and operating in the State of Texas as a non-profit (501 c3) corporation. B. The organization must provide written authorization from the business owner, on whose property the Clothing Donation Container will be placed. C. The organization shall employ or subcontract a staff of full-time, paid drivers, to collect the contents of the Clothing Donation Container. D. The Clothing Donation Container must have its contents and all exterior donations removed a minimum of five days per week, 52 weeks per year. E. The visual and structural integrity must be maintained continuously. F. More than three (3) complaints from citizens, within a one (1) month period, regarding a specific Clothing Donation Container, will result in the permit being revoked. The complaints must be validated as being legitimate, by the City of North Richland Hills, Code Enforcement Division. G. The placement of a Clothing Donation Container shall not impede traffic nor visually impair any motor vehicle operation within a parking lot or from a public street. H. All signage on each Clothing Donation Container shall be in compliance with zoning requirements pursuant to North Richland Hills City Ordinances. I. The organization must provide and maintain general liability insurance for each Clothing Donation Container, at a minimum level of two million dollars ($2,000,000.00), holding the City and the business owner harmless. J. The Clothing Donation Container may not be located on a vacant parcel or on a parcel containing a vacant building. K. Clothing Donation Containers must be adequately anchored to a concrete footing or to the parking lot with a minimum of two (2) seven inch (7") anchor bolts per building elevation. Wood products in contact with the footing or parking lot shall be of decay resistant lumber. l. The Clothing Donation Containers may only be used as a collection container for clothing. The collection or storage of other materials, including appliances, mattresses, and/or furniture, is prohibited. M. Clothing Donation Containers may not be located in a required building setback, buffer yard, access easement, driveway, parking lane, and/or fire lane. Clothing Donation Containers must meet all fire separation distances as required by the building code. 3. Application A. The organization benefiting from the Clothing Donation Container must apply for a permit, and submit an annual fee not to exceed $25.00 for each Clothing Donation Container. Page 3 of 6; 09/02104 p & Z Minutes - Worksesslon B. Provided that the above written conditions are met, each permit shall be valid for a period of twelve (12) months from the date first issued. C. Each application must include a diagram of the proposed location, within the business's parking lot or property. The location must be approved by the Building Official, Planning Director or their designee. 4. Permitted Zoning A. Provided the aforementioned conditions are met and a permit is issued, Clothing Donation Containers may be placed in the following zoning districts: C-1, C-2, CS, or HC 5. Enforcement and Penalties The organization benefiting from the Clothing Donation Container will be held primarily responsible for the maintenance, upkeep, and servicing of the container. However, in the event the organization fails to adequately maintain and service the container, the business owner on whose property the Clothing Donation Container is placed shall also be responsible. (Fees as determined by the City Attorney per State Statute) Chairman Davis asked about land use. Mr. Shopper commented that he doesn't want the donation boxes in the City. Chairman Davis asked "do we, the Commission, want to allow a use in this City of clothing drop off points?" if the answer is no, then we, the Commission, need to tell staff that we are not going to make rules and not waste staff's time. Mr. Shiflet asked staff if something needs to come back to the Commission that is the opposite of what the Commission is seeing tonight. Chairman Davis commented that there is already an existing ordinance allowing the City to request removal of the boxes today. Dave Pendley responded that organizations can be required to obtain a building permit and bring the boxes up to building code. Suzy Compton asked how this will affect the Goodwill Trailers. Dave Pendley answered that if someone pushed, the trailers would fall underneath the same ordinance. Mr. Shiflet stated that when he received his packet, he began looking around the City. There is a Goodwill/Salvation Army store at Hightower and Rufe Snow. There is a trailer in the back parking lot of Office Depot and one at the Birdville Clothing Page 4 of 6; 09/02104 P & Z Minutes· Worksession Connection, and many more. There are plenty of places to drop off donations without including these donation boxes. With all of the places to drop off, the City still has homeless people 'shopping' at these locations when no one is looking. He stated that if the City can eliminate these boxes, "we need to. If an ordinance is needed, then so be it. " Dave Pendley stated that he spoke with Bo Bass regarding this matter. That is why staff is approaching the Commission. Staff needed some guidelines in this matter. Mr. Sapp stated that people dump items outside of these donation boxes that the Goodwill Store won't take. Mr. Schopper asked about an ordinance regarding kiosks, like the drive-thru Polaroid, or aluminum can recycle buildings. These are all metal buildings. What about ATM machines in parking lots? "As a Commission and a City we should just say no." Suzy Compton stated that donation boxes are not necessary. There are already enough organizations, churches, and drop off stores available for people to donate items. Mr. Schopper asked how the City can get rid of the existing boxes. Ms. Compton asked who put the boxes out and did they get permission to place them? Chairman Davis commented that all the existing boxes are violating the Zoning Ordinance today. They are not bricked, no building permit, and no site plan. One letter can state that the Planning & Zoning Commission is not going to allow or recommend a change to the Zoning Ordinance to allow these units. To give staff direction, the Commission has the ability to do that. Mr. Schopper stated that he would like staff to find a specific place in the current ordinance showing that they are not allowed and enforce the current ordinance. Mr. Shopper, seconded by Scott Wood, motioned that he would like Staff to enforce the current ordinances so that the City of North Richland Hills doesn't have clothing donation containers and for Staff not to make any ordinances to try to accommodate them. OTHER DISCUSSION Chairman Davis stated that there are a couple of more items to discuss. Staff is working on the Infill Plan Development Criteria. Hopefully that will be ready for the October 7,2004 meeting work session. Bill Schopper asked about the oil and gas ordinance. Page 5 of 6; 09/02104 P & Z Minutes - Worksession Dave Green stated that George Staples has a draft and that may be coming back possibly at the same meeting. Chairman Davis asked if anyone would be opposed to the gas and oil well discussion at the September 16, 2004 meeting if it is ready. Bill Schopper commented that he wasn't sure if the Commission could have much input on that item. Chairman Davis stated that the Commission could set guidelines on how close wells can be to buildings and what district they should be in. Dave Green stated that the agenda for the September 16,2004 meeting has an SUP for a car wash on Rufe Snow and three or four plats. Chairman Davis stated that the Commission could meet at 5:00 p.m. or 5:30 p.m. in pre- council in regards to the oil and gas issue and ask staff about a timeline for a public hearing. It will be an amendment to the Zoning Ordinance if the Commission adopts some criteria for the location placement and guidelines. 5. ADJOURNMENT As there was no other business, the Chairman adjourned the regular meeting at 7:06 p.m. Richard Davis Chairman C~I-~V~tJ Ken Sapp Page 6 of 6; 09/02104 P & Z Minutes - Worksession