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Home My WebLink AboutPZ 2025-10-16 Agendas t4RH CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION AGENDA 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 THURSDAY, OCTOBER 16, 2025 WORK SESSION: 6:00 PM A. CALL TO ORDER A.1. Planning Director Report A.2. Presentation by staff on items from the regular Planning and Zoning Commission meeting. A.3. Discussion regarding possible updates to regulations regarding rear-yard open space standards REGULAR MEETING: Immediately following worksession (but not earlier than 7:00 pm) A. CALL TO ORDER A.1 PLEDGE A.2 PUBLIC COMMENTS Thursday, October 16, 2025 Planning and Zoning Commission Agenda Page 1 of 2 B. PUBLIC HEARINGS B.1 ZC25-0146 Public hearing and consideration of a request from Cambridge NRH Development LLC for a revision to Planned Development 120 at 7000 Iron Horse Boulevard, being 5.010 acres described as Lots 1-18 and Lots 1 X and 2X, Block 1, Cambridge Manor. B.2 ZC25-0147 Public hearing and consideration of a request from Platinum Pro Renovations LLC for a special use permit for a permanent accessory building at 6918 Walter Street, being 1.00 acres described as Lot 2, Block 1, Clifton Addition. B.3 ZC25-0148 Public hearing and consideration of a request from MJ6 Enterprises LLC for a zoning change from R-3 (Single-Family Residential) to Residential Infill Planned Development (RI-PD) at 8217 Sayers Lane, being 0.493 acres described as Lot 15, Block 2, Woodbert Addition. BA TR25-08, Conduct a public hearing to consider city-initiated text amendments to Chapter 118 (Zoning) for the purpose of revising certain single-family residential parking requirements related to garage enclosure. C. PLANNING AND DEVELOPMENT EXECUTIVE SESSION D. 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 Friday, October 10, 2025, by 5:00 PM. Clayton Husband AICP Principal Planner 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, October 16, 2025 Planning and Zoning Commission Agenda Page 2 of 2 "I"wFt hJOKTH KIC:HLAND HILLS PLANNING AND ZONING COMMISSION MEMORANDUM FROM: Planning & Zoning Department DATE: October 16, 2025 SUBJECT: Planning Director report PRESENTER: Cori Reaume, Director of Planning GENERAL DESCRIPTION: Staff will report on general announcements related to upcoming events, development activity in North Richland Hills, recent City Council action, and items of general interest to the Commission. "I"wFt hJOKTH KIC:HLAND HILLS PLANNING AND ZONING COMMISSION MEMORANDUM FROM: Planning & Zoning Department DATE: October 16, 2025 SUBJECT: Presentation by staff on items from the regular Planning and Zoning Commission meeting. PRESENTER: Cori Reaume, Director of Planning SUMMARY: The purpose of this item is to allow the Planning and Zoning Commission the opportunity to ask questions regarding any item on the regular Planning and Zoning Commission agenda. GENERAL DESCRIPTION: The purpose of this item is to allow the Planning and Zoning Commission the opportunity to inquire about items that are posted for discussion and deliberation on the regular Planning and 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. Applicants and members of the public will be provided an opportunity to speak on agenda items and public hearings during the regular session. NORTH KI HLAND HILLS PLANNING AND ZONING COMMISSION MEMORANDUM FROM: Planning & Zoning Department DATE: October 16, 2025 SUBJECT: Discussion regarding possible updates to regulations regarding rear-yard open space standards PRESENTER: Cori Reaume, Director of Planning GENERAL DESCRIPTION: In an effort to continue refining the City's Code of Ordinances in the spirit of clarity and efficiency, this ordinance update is being proposed by staff for consideration. The definition for rear yard open space from the city's zoning ordinance is listed below: g,2L Y. �„g2en space means an area reserved as an open space in the rear portion of a yard which extends from one side property line to another side property line and abutting the rear property line. The rear yard open space shall not protrude beyond the two most extreme corners of the main structure and no part of a residential dwelling unit may be constructed so as to occupy any portion of the rear yard open space. The requirements for rear yard open space are outlined within the various zoning districts' "Lot and Area Requirements," along with building setbacks, minimum lot size, etc. Section 118-718 (Accessory Buildings and Structures) includes references indicating that accessory structures, including sheds, carports, etc., would have no impact on the calculation of rear-yard open space. It would seem that the rear yard open space requirement was introduced to ensure that when a lot is developed, a portion (typically around 20%) would remain open and not be covered by the primary structure (home). However, this regulation doesn't restrict how homeowners use their backyards. Since accessory structures like sheds and carports are excluded from the requirement, it appears the intent was to preserve open space during initial development, while still allowing residents to fully use their yards for outdoor amenities and personal enjoyment. On quick review, it seems most of our comparison cities utilize a maximum lot coverage (or impervious coverage) percentage rather than the rear yard open space calculation. During the meeting, staff will present some findings and lead a discussion about possible alternatives. NORTH KI HLAND HILLS PLANNING AND ZONING COMMISSION MEMORANDUM FROM: Planning & Zoning Department DATE: October 16, 2025 SUBJECT: ZC25-0146 Public hearing and consideration of a request from Cambridge NRH Development LLC for a revision to Planned Development 120 at 7000 Iron Horse Boulevard, being 5.010 acres described as Lots 1-18 and Lots 1 X and 2X, Block 1, Cambridge Manor. PRESENTER: Clayton Husband, Principal Planner SUMMARY: Cambridge NRH Development LLC is requesting a revision to Planned Development 120 to modify fencing requirements between the subdivision and adjacent commercial property. The site is located east of Rufe Snow Drive between Iron Horse Boulevard and Trinidad Drive. GENERAL DESCRIPTION: NORTH RIICHLAND HILLS The property under consideration is an undeveloped 5.01-acre site with frontage on Iron Horse Boulevard and Trinidad Drive. ` The site abuts a bank on the west, the Holiday West a� neighborhood on the east, and open space lot in Cambridge Village on the north. An office building is located across Iron r ;� Horse Boulevard, and an apartment complex is located across . G Trinidad Drive. q;Ik ' City Council approved a zoning change to RI-PD (Residential Infill Planned Development) for the property on April 24, 2023 p (Ordinance 3785). The property is developed with 18 single-family ` residential Tots and two open space Tots. The Tots range In size from 7,187 to 13,987 square feet, with an average lot size of 8,434 WAR; , square feet. Open space comprises over nine percent (9%) of the site. The request under consideration is to revise the planned development standards to modify the fencing requirement ;:� i v. 'a between the subdivision and the adjacent bank property andI drive-through lanes. The affected area is part of an open space „rI lot between the two sites. The existing standards do not require a �� = , �,.w; fence; however, it states that if a fence is constructed, it must be either a minimum four-foot tall ornamental metal fence or the same four-foot tall cross-rail fence common to the Cambridge developments in the area. In this area, the applicant proposes to construct a six-foot tall pre-stained board-on-board cedar fence with top cap and side trim, and metal posts, brackets, and caps. The length of the fence is approximately 280 linear feet, extending north from Trinidad Drive to where it would tie into a cross-rail fence adjacent to Iron Horse Boulevard. On the residential side of the fence, five large shade trees and five ornamental trees would be planted as required by the RI-PD standards. A plan showing the fence location and photos of the site are shown below. II ' alll . II . I . III III III I EH L.< ...... _ rri r T_ n o s 6-FOOT CEDAR FENCE FENCE LOCATION NORTH KICHLAND HILLS F s a,. x silr r i 1 i NORTH FROM TRINIDAD DRIVE EAST FROM BANK PROPERTY VISION2030 LAND USE PLAN: This area is designated on the Land Use Plan as Office Commercial. This designation encourages professional, medical, and administrative offices, as well as limited commercial establishments that benefit adjacent and nearby residential areas. CURRENT ZONING: The property is zoned RI-PD Residential Infill Planned Development. The RI-PD zoning district is intended to encourage residential development of small and otherwise challenging tracts of land by offering incentives that encourage creative and inventive development scenarios. These developments are limited to residential development or redevelopment of less than ten acres. SURROUNDING ZONING ( LAND USE: A A A NORTH PD (Planned Low Density Residential Single-family residences Development) WEST I-2 (Medium Industrial) Retail Commercial Vacant property C-2 (Commercial) Bank SOUTH R-7-MF (Multifamily) High Density Residential Apartments EAST R-4-D (Duplex) Medium Density Residential Duplex residences PLAT STATUS: The property is platted as Cambridge Manor Addition. CITY COUNCIL: The City Council will consider this request at the November 10, 2025, meeting following a recommendation by the Planning and Zoning Commission. RECOMMENDATION: Approve ZC25-0147. O� LL o �fl t/10008 0 Ln m .dlad��dn ola3nd g LO .. . . . ... . . . . a W ... ..... W -. . 0 LO LO . ...,...... o t/-iva /n�............. ..... . . r ...... 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APPLICANT Cambridge NRH Development LLC LOCATION 7000 Iron Horse Boulevard REQUEST Public hearing and consideration of a request from Cambridge NRH Development LLC for a revision to Planned Development 120 at 7000 Iron Horse Boulevard, being5.010 acres described as Lots 1-18 and Lots 1X and 2X, Block 1, Cambridge Manor. DESCRIPTION Proposed revision to the planned development standards for Cambridge Manor to allow a solid cedar fence in the open space lot adjacent to the bank property. PUBLIC HEARING DATES Planning and Zoning Commission 7:00 PM Thursday, October 16, 2025 City Council 7:00 PM Monday, November 10, 2025 MEETING LOCATION City Council Chamber-Third Floor 4301 City Point Drive North Richland Hills, Texas People interested in submitting letters of support or opposition are encouraged to contact the Planning & Zoning Department for additional information. Letters must be received bythe close of the City Council public hearing.Because changes are made to requests during the public hearing process,you are encouraged to follow the request through to final action by City Council. Planning&Zoning Department 14301 City Point Drive- NRH TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com FOR MORE INFORMATION,VISIT NRHTX.COM/MAP StERFPA e x . ........ TRINIDA _ c� EAGLE CREST ni,z:�.z,umi ra oiac iwexv�r� ,rri rr i.;r»A on �u frc.yo;:.ar rA7�" ur 11 t 6 i t A II tl t f I G� p1 ree't �.fw ir;,. raum,�a n,� �;,o a i,e,.d; v r,��•ri fn �h,�,. U 1�"3 2=,rY ;o:JO Y,,) 1.°irl(3 3AIU4 3SVHJ S53M Z I I r ili ili --Ir -'I f N m _ I ;argsr mwzz'„ � � °fit r o "v, Six(6)foot tall cedar fence adjacent to �r bank property CONGEM Uru.,NOI I OR P1 IIRNMC HNK. Planning&Zoning Department 4301 City Point Drive- NRH TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com NOTIFIED PROPERTY OWNERS ZC25-0146 BADILLO,RACHEL 5739 WESTCHASE DR NORTH RICHLAND HILLS TX 76180 BEDICHEK,SCOTT 6800 WESTBURY DR NORTH RICHLAND HILLS TX 76180 BRIDGESTONE RETAIL OPERATIONS 200 4TH AVE S NASHVILLE TN 37201 BRUCALE,RONALD 1861 WINDWARD CT TOMS RIVER NJ 08753 CAMBRIDGE NRH DEVELOPMENT LLC 5137 DAVIS BLVD NORTH RICHLAND HILLS TX 76180 CHEN,DON 3821 BURR OAK CT BEDFORDTX 76021 CHRIS SIBLEY INVESTMENTS LLC 5640 GUADALAJARA DR NORTH RICHLAND HILLS TX 76180 COOK-SMITH INVESTMENTS LLC 3204 CENTURY DR ROWLETTTX 75088 CRAIG A MCKENNON FAMILYTRUST 1448 E 3115 S SALT LAKE CITY,UT 84106 CRUZ,PEDRO 5729 WESTCHASE DR NORTH RICHLAND HILLS TX 76180 GAUTREAUX,FREDERICKJOHN 1500 NERI RD GRANBURYTX 76048 GLEASON,ELIZABETH 5612 STEWARTS CREEK CT THE COLONYTX 75056 HARGUS,COYT D 10356 DIZZY DEAN LN BELLEVILLE AR 72824 HOPE,CLARENCE 1317 MAPLE DR BEDFORD TX 76021 HOWELL,DONNA 5707 WESTCHASE DR NORTH RICHLAND HILLS TX 76180 IHR PROPERTIES LTD 7201 IRON HORSE BLVLD NORTH RICHLAND HILLS TX 76182 JONES,WENDYJ 5719 WESTCHASE DR NORTH RICHLAND HILLS TX 76180 KENNETH AND PATRICIA MORTON REVOCABLE TF 7205 WINCHESTER RD NORTH RICHLAND HILLS TX 73182 KJELLSTROM,ANGELA 6804 WESTBURY DR NORTH RICHLAND HILLS TX 76180 LARA,ANTONIO 5721 WESTCHASE DR NORTH RICHLAND HILLS TX 76180 LINDAVANCE FAMILYTRUST 5711 WESTCHASE DR NORTH RICHLAND HILLS TX 76180 LOMAN,CAROLE J 5728 WESTCHASE DR NORTH RICHLAND HILLS TX 76180 MCGEE,KENNETH W 5722 WESTCHASE DR NORTH RICHLAND HILLS TX 76180 MCKENNON CRAIG ALAN 1532 E MEADOWMOOR RD HOLLADAY UT 84117 MISTRY,REKHABEN 5723 WESTCHASE DR NORTH RICHLAND HILLS TX 76180 MORTON,HARRIET 5720 WESTCHASE DR NORTH RICHLAND HILLS TX 76180 MUNOZ,PEDRO 1903 WOOD CREST DR GRAPEVINE TX 76051 NORTH FORT WORTH BANK 333 MARKET FL 1 OTH ST SAN FRANCISCO CA 94105 PEARSONS,GEORGE 8917 CREST RIDGE DR FORT WORTH TX 76179 PECOS HOUSING FINANCE CORPORATION 2320TEAGUE DR PECOSTX 79772 RAGON,TERRY LEE 5710 WESTCHASE DR NORTH RICHLAND HILLS TX 76180 SAGER,LYNN 5705 WESTCHASE DR NORTH RICHLAND HILLS TX 76180 SAMSILL,CAROLYN S 5735 WESTCHASE DR NORTH RICHLAND HILLS TX 76180 SELF,MATTHEW C 8748 COOPER CROSSING FORT WORTH TX 76131 SMITH,ORESA M 5724 WESTCHASE DR NORTH RICHLAND HILLS TX 76180 THE S&J LINDNER FAMILYTRUST 7304 LUTHER CT NORTH RICHLAND HILLS TX 76180 THOMPSON,HEATH J 5712 WESTCHASE DR NORTH RICHLAND HILLS TX 76180 TIPPIE,JAMES 5737 WESTCHASE DR NORTH RICHLAND HILLS TX 76180 TOOLEYRESIDENTIALLLC-SERIES A-5715 WEST 2604 MUSEUM WAY#2105 FORT WORTH TX 76107 TOOLEY RESIDENTIAL LLC-SERIES B-5733 WEST 2604 MUSEUM WAY 42105 FORT WORTH TX 76107 NOTIFIED PROPERTY OWNERS ZC25-0146 w ® r ^ TOOLEY RESIDENTIAL LLC-SERIES C-5741/43W2604 MUSEUM WAY#2105 FORT WORTH TX 76107 TOOLEY RESIDENTIAL LLC SERIES E 4661 GREENF 2604 MUSEUM WAY 42105 FORT WORTH TX 76017 TOOLEY,DELFORD 5738 WESTCHASE DR NORTH RICHLAND HILLS TX 76180 TOOLEY,GREGG A 2604 MUSEUM WAY#2105 FORT WORTH TX 76107 TURNER,CAROLYN SUE 5732 WESTCHASE DR NORTH RICHLAND HILLS TX 76180 VANCE,ANNA 5709 WESTCHASE DR NORTH RICHLAND HILLS TX 76180 WRIGHT,ELAINE ANN AUSTIN 5717 WESTCHAST DR NORTH RICHLAND HILLS TX 76180 00 LO C4 ...d ......m...`4 t/IHV- VA Ol l3nd...0CN 0) .. o O7„CC1,N 0)SSa (D L-0,, , , , �„,L�. . . ... . . . . . . . . . . . . ,LC'),, , . . 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I � ��g��= �as o�� --- / �' �raj a j � i wm l il NOR DO MY �l s MI gu nw R;u mo,gmi P�� m gg, �'"38°43a 3-oso�sQg'.e �'aaE a� gaIg�� I II iM I� . 011HESS1 d NEU O -gym unle nrrrllu.,yr 60 § s $ d a �� i l arr iv,I„Iv ru.i a r; III f �� „ 5 a�0 1 lug a Iil I��--- ®b -- HIM s 1 ------- >.�o , 1 'll ------------ $ 4 1'Ell r,rv.nu� Il r�m.ar xsi v�,nn r .a NORTH KI HLAND HILLS PLANNING AND ZONING COMMISSION MEMORANDUM FROM: Planning & Zoning Department DATE: October 16, 2025 SUBJECT: ZC25-0147 Public hearing and consideration of a request from Platinum Pro Renovations LLC for a special use permit for a permanent accessory building at 6918 Walter Street, being 1.00 acres described as Lot 2, Block 1, Clifton Addition. PRESENTER: Clayton Husband, Principal Planner SUMMARY: On behalf of Randall and Debra Vogt (owners), Platinum Pro Renovations LLC is requesting a special use permit for a permanent accessory building on 1.00 acres at 6918 Walter Street. GENERAL DESCRIPTION: The property under consideration is a one-acre lot located on the east side of Walter Street south of Amundson Drive. The property has 200 feet of frontage on Walter Street and is approximately 200 feet deep. The property is developed with a single-family residence constructed in 2002 and a swimming pool and cabana. The owner intends to construct a 2,500-square-foot permanent accessory building on the lot. This type of building is permitted by right on the property. However, the building exceeds the maximum allowed size and other standards required by the zoning ordinance. As a result, the owner is requesting a special use permit for the building to address proposed modifications to these standards. A description of the request is attached, as well as a plot plan and building plans for the proposed structure. Permanent accessory building The building is intended to be used as a detached garage. The building would be located on the south side of the property adjacent to the swimming pool. The building has a footprint of 2,508 square feet, measuring 57 feet in width and 44 feet in depth. The building includes 2,068 square feet of garage space, a 95-square-foot bathroom, and 345 square feet of covered porch area. It is approximately 27 feet tall, with a wall height of 13 feet and 8.12 roof pitch. The exterior walls are finished with brick siding. The plot plan and conceptual elevations of the building are shown below. The existing pool cabana exceeds 200 square feet in size, which would count as a separate permanent accessory building. Since the zoning ordinance permits only one permanent accessory building on a lot, the special use permit request also includes the allowance for two buildings on the property, given the existing conditions of the site. NORTH KI HLAND HILLS w r o z ri - ✓ ., �. LOT T z m rry s` vm" r PLOT PLAN CONCEPTUAL ELEVATIONS ctiion_1_1. -7.1. (c) of the zoning ordinance establishes the requirements and standards for permanent accessory buildings and structures. For lots greater than 40,000 square feet in area, the zoning ordinance allows for consideration of a special use permit for varying from specific development standards. The applicant is requesting modifications to the design standards described in the table below. Maximum floor area 0 1,089 square feet(2.5%of lot area) 0 2,508 square feet(5.75%of lot area) Maximum heights 0 12 feet wall height(buildings over 500 SF) o 13 feet wall height 0 25 feet overall height(buildings over 500 o 27 feet overall height SF) Number of buildings o Two buildings(one new, one existing) 0 One building allowed per lot VISION2030 COMPREHENSIVE PLAN: This area is designated on the Vision203O Land Use Plan as Low Density Residential. This designation promotes quality neighborhoods of conventional suburban single-family detached homes. General characteristics of these neighborhoods include a density of two to six dwelling units per acre and houses of one- and two-stories. CURRENT ZONING: The property is zoned RE-1 (Residential Estate). This district is intended to provide areas for very low density development of single-family detached dwelling units that are constructed at an approximate density of one unit per acre in a NORTH KI HLAND HILLS quasi-rural setting. The district is specifically planned to allow for the keeping of livestock in a residential setting. SURROUNDING ZONING ( LAND USE: NORTH RE-1 (Residential Estate) Low Density Residential Single-family residence WEST R-2 (Single-Family Low Density Residential Single-family residences Residential) SOUTH R-1 (Single-Family Low Density Residential Single-family residences Residential) EAST R-1 (Single-Family Low Density Residential Single-family residences Residential) PLAT STATUS: The property is platted as Lot 2, Block 1, Clifton Addition. CITY COUNCIL: The City Council will consider this request at the November 10, 2025, meeting following a recommendation by the Planning and Zoning Commission. DRC RECOMMENDATION. Modifications to design standards for permanent accessory buildings are subject to approval of a special use permit or other zoning action. The DRC recommendation for approval of the special use permit for the permanent accessory building is based on previous approvals of buildings in similar contexts. RECOMMENDATION: Approve ZC25-0147. ai ...................................... LL o ... . ............... MVO ONINV31 ....................... ............... ........................................................................... LO ....... ... GN"3,9 11 S 1 0 11 Z I V,H 9 ............... .. ............. ..................... ............... ........... ...... LU ............... LU 0..*AVO .............................. > LO ........... .. . . . . . . . . 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L�L O O (p ; O LO 'l- i O O 1 r W��ry i • % % ■ O LO LO /r II ■ r /f / ■ / wJ rl- 1 / r I n ��r i�j J�;� /l� r �,�., � ar;�rrr t✓/� ;inn �F�N��r�ir4 r �J a ,/ Z I 'r u � � I5n dr' t c o a s c � 0 > a O v, r _ N �O — N bq O O 0 0 0 0 O r r", 'o Q � o a 2 m 0 0 I a I I ✓/ � /�% �I �/� � r' ,, Viz, � � Qa m 0 w — �, J O " RH PUBLIC HEARING NOTICE NORTH RICHLAI`D HILLS CASE: ZC25-0147 «OWNER» «MAILING ADDRESS» «CITY STATE»«ZIP» You are receiving this notice because you are a property owner of record within 200 feet of the property requesting a special use permit as shown on the attached map. APPLICANT Platinum Pro Renovations LLC LOCATION 6918 Walter Street REQUEST Public hearing and consideration of a request from Platinum Pro Renovations LLC for a special use permit for a permanent accessory building at 6918 Walter Street, being 1.00 acres described as Lot 2, Block 1, Clifton Addition. DESCRIPTION Request for a special use permit for a detached permanent accessory building. The proposed building is 2,500 square feet in size to be used as a detached garage and includes a covered porch area. PUBLIC HEARING DATES Planning and Zoning Commission 7:00 PM Thursday, October 16, 2025 City Council 7:00 PM Monday, November 10, 2025 MEETING LOCATION City Council Chamber-Third Floor 4301 City Point Drive North Richland Hills, Texas People interested in submitting letters of support or opposition are encouraged to contact the Planning & Zoning Department for additional information. Letters must be received bythe close of the City Council public hearing.Because changes are made to requests during the public hearing process,you are encouraged to follow the request through to final action by City Council. Planning and Inspections Department 14301 City Point Drive- NRH,TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com FOR MORE INFORMATION,VISIT NRHTX.COM/MAP wAVYRAFu a MA D ISON WU)HORSE wMID RIVER WALTE,R Ftl .. 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Planning and Inspections Department 4301 City Point Drive- NRH,TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com NOTIFIED PROPERTY OWNERS ZC25-0147 ABLE,BLAKE E 6908 WALTER ST NORTH RICHLAND HILLS TX 76182 BRACKNEY,EDDIE SUE 6900 WALTER ST NORTH RICHLAND HILLS TX 76182 BRANDT,SCOTT D 8908 AMUNDSON DR NORTH RICHLAND HILLS TX 76182 CASTILLO-GARCIA,JOEAARON 6917 CRANE RD NORTH RICHLAND HILLS TX 76182 CRITES,ASHLEY 6921 CRANE RD NORTH RICHLAND HILLS TX 76182 DAVIDSON,CHEYENNE BETH 6905 CRANE RD NORTH RICHLAND HILLS TX 76182 GABRIEL,KATHERINE M 6929 CRANE RD NORTH RICHLAND HILLS TX 76182 LANGLEY,MARK 6933 CRANE RD NORTH RICHLAND HILLS TX 76182 MENNENGA,ADAM 8912AMUNDSON DR NORTH RICHLAND HILLS TX 76182 PHILLIPS,JESSIE ANN 6925 CRANE RD NORTH RICHLAND HILLS TX 76182 THAM ES,KORY L 4062 STARKEY RD SAINT JO TX 76265 VICK,DIANE 6909 CRANE RD NORTH RICHLAND HILLS TX 76182 VOGT,RANDALLT 6918 WALTER ST NORTH RICHLAND HILLS TX 76182 WEAVER,TYLER B 6913 CRANE RD NORTH RICHLAND HILLS TX 76182 CA G) ............................................ ...................... 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A special use permit is authorized for one (1) new permanent accessory building on the property. The existing cabana building may remain on the property. B. Permanent accessory building. The permanent accessory building must comply with Section 118-718(c) of the zoning ordinance and the standards described below. 1. The site improvements must be constructed as shown on the site plan attached as Exhibit "C." 2. The accessory building must not exceed two thousand five hundred (2,500) square feet in floor area. 3. The overall height of the building must not exceed twenty-eight (28) feet. 4. The height of the walls of the building must not exceed thirteen (13) feet. C. Amendments to Approved Special Use Permits. An amendment or revision to the special use permit will be processed in the same manner as the original approval. The application for an amendment or revision must include all land described in the original ordinance that approved the special use permit. NORTH KI HLAND HILLS PLANNING AND ZONING COMMISSION MEMORANDUM FROM: Planning & Zoning Department DATE: October 16, 2025 SUBJECT: ZC25-0148 Public hearing and consideration of a request from MJ6 Enterprises LLC for a zoning change from R-3 (Single-Family Residential) to Residential Infill Planned Development (RI-PD) at 8217 Sayers Lane, being 0.493 acres described as Lot 15, Block 2, Woodbert Addition. PRESENTER: Clayton Husband, Principal Planner SUMMARY: On behalf of Stephanie and Mike Braudrick (owners), MJ6 Enterprises LLC is requesting a zoning change from R-3 (Single-Family Residential) to RI-PD (Residential Infill Planned Development) on 0.493 acres located at 8217 Sayers Lane. GENERAL DESCRIPTION: The property under consideration is a 21,475-square-foot lot located on the north side of Sayers Lane west of Davis Boulevard. The lot is part of the original Woodbert Addition, which was platted in 1946. The lot has 223 feet of frontage on Sayers Lane and is 96.5 feet deep. The property is developed with a single-family residence. The applicant proposes to rezone the property from R-3 (Single-Family Residential) to RI-PD (Residential Infill Planned Development) to develop three single-family lots. The lots are proposed to be 74 feet wide, 96.5 feet deep, and 7,163 square feet in area. An exhibit showing the lot arrangement is attached. The lot size and dimensions are similar to the six lots located east of the site. These lots were created following approval of zoning changes to the RI-PD (Residential Infill Planned Development) district in January 2020 and August 2025. Single-family residences are located north, west, and south of the lot. The lots southeast of the property, across Sayers Lane, were replatted in 2018 to create six new residential lots, which are 80 feet in width. The proposed conditions of approval for this RI-PD district are attached. Applications for rezoning to the RI-PD district provide an opportunity to address modifications to specific site development and building design standards for the site. These conditions are based on the applicant's proposed development of the property. These conditions may be modified throughout the public hearing process, and they are subject to final approval by City Council. NORTH I* I HLAND HILLS These conditions match the standards adopted for the six lots east of the site (PD-104 and PD-128). The standards include modified lot size requirements and offsets to required open space areas, as described below. Lot dimensions The property is platted as a single lot zoned R-3 (Single-Family Residential). It has remained in its current configuration since it was annexed into North Richland Hills. While there is sufficient width to subdivide the property into three lots aligning with the R-3 standards, the 96.5-foot lot depth is an existing condition which is just shy of the 100-foot requirement. The shorter depth results in lots that are slightly smaller than the current zoning standards. The applicant is requesting approval of an RI-PD (Residential Infill Planned Development) to allow for the modified lot sizes. The table below summarizes the lot standards for the existing R-3 zoning district and the proposed lots. Lot size 7,500 SF 7,163 SF Lot width 65 ft 74 ft Lot depth 100 ft 96.5 ft .....Front..building...line..............................................................................20..ft,...........................................................................20...ft.... Open space All residential infill planned developments require a certain amount of open space. However, since this proposed development cannot accommodate a separately platted common area lot, the following private lot enhancements are provided to offset the loss of open space. These standards are included in the attached development conditions and are the same as the three lots east of the site. 1. All three required canopy/large trees must be container-grown trees. 2. In addition to the required canopy/large tree(s), a minimum of 15 one-gallon shrubs of at least two different species and at least one ornamental tree must be provided in the front yard. The shrubs must be set in landscape beds of mulch, crushed granite, or rock/pebble with masonry, metal, or concrete edging. Front yard landscape beds must total at least 200 square feet. 3. Individual mailboxes must be of masonry construction. 4. Driveways must be salt-finished concrete, broom-finished concrete with smoothed panel/section borders, or patterned stamped and stained concrete. 5. All houses must provide a private/personal open space on the south facade of the building to include, at a minimum, a porch of at least eight feet in depth and containing at least two of the following porch ornamentations: turned balusters with finials, spandrel and bracket additions, porch ceiling fan, porch swing, or lighting NORTH I* I HLAND HILLS sconce. Upper-floor patios and/or balconies, including shallow Juliet balconies or balconettes, are also encouraged. VISION2030 COMPREHENSIVE PLAN: This area is designated on the Vision203O Land Use Plan as Low Density Residential. This designation promotes quality neighborhoods of conventional suburban single-family detached homes. General characteristics of these neighborhoods include a density of two to six dwelling units per acre and houses of one- and two-stories. CURRENT ZONING: The property is currently zoned R-3 (Single-Family Residential). This district is intended to be a transitional zone between developments of lower and higher densities or between lower density residential and nonresidential areas. It provides areas for moderate density development of single-family detached dwellings constructed at an approximate density of 4.8 units per acre. PROPOSED ZONING: The proposed zoning is RI-PD (Residential Infill Planned Development). The RI-PD zoning district is intended to encourage residential development of small and otherwise challenging tracts of land by offering incentives that encourage creative and inventive development scenarios. These developments are limited to residential development or redevelopment of less than ten acres. SURROUNDING ZONING ( LAND USE: NORTH R-3 (Single-Family Residential) Low Density Residential Single-family residences WEST R-3 (Single-Family Residential) Low Density Residential Single-family residences SOUTH R-3 (Single-Family Residential) Low Density Residential Single-family residences EAST PD (Planned Development) Low Density Residential Single-family residences PLAT STATUS: The property is platted as Lot 15, Block 2, Woodbert Addition. Approval of a replat of the property would be required prior to the issuance of building permits. CITY COUNCIL: The City Council will consider this request at the November 10, 2025, meeting following a recommendation by the Planning and Zoning Commission. RECOMMENDATION: Approve ZC25-0148. /. .. . .. . O O �.... ..,... LL o W .. . � ; W , W ,............ Y C7 WN ............................ o ULO dWVIS w . 0 0 o . M SiAda ... .... o LO LO _., . ......,.". .... . .............................................: o . . ZQ 0 0 .............................. w . . . . . . . . . . . . . . . . . ... . . . . . ......... H(A Q . . . . . . . . . . . . . . . . . . . . .. PARK -- ..".... PLACE ........ T N N N M O0' N 'O i C O a 4 C 1SM80-1 ,,,,, ...... 0 N O i O i I `o➢M 9- ..,. .......... ..............,. ..�...�.., N O 0 O b O N o➢ C 6 O U O N O O C S �p C 4 N i ....,.... ,.... ....... U i i OAKMARK aa a ' ° QaO � M N O X - M O N H �p Q Q a N W - N M N - N N „ U ? Q T m c � � Q 0 O LO i O OM O LO LO O ira�r l) ; I , o s r^Iyr � a O a o 'no rn fl- Q c a� a o Ifs O ono ° m 'o c o a� o N N � II I 'liui; O Q p O 2 N 'x m0 o H fl-o o- r I w — a >, > } / " RH PUBLIC HEARING NOTICE NORTH RICHLAI`D HILLS CASE: ZC25-0148 «OWNER» «MAILING ADDRESS» «CITY STATE»«ZIP» You are receiving this notice because you are a property owner of record within 200 feet of the property requesting a zoning change as shown on the attached map. APPLICANT MJ6 Enterprises LLC (Jerrod Goff) LOCATION 8217 Sayers Lane REQUEST Public hearing and consideration of a request from MJ6 Enterprises LLC for a zoning change from R-3 (Single-Family Residential) to Residential Infill Planned Development(RI-PD)at 8217 Sayers Lane, being 0.493 acres described as Lot 15, Block2,Woodbert Addition. DESCRIPTION Proposed zoning change for the development of three single-family residential lots for new house construction. PUBLIC HEARING DATES Planning and Zoning Commission 7:00 PM Thursday, October 16, 2025 City Council 7:00 PM Monday, November 10, 2025 MEETING LOCATION City Council Chamber-Third Floor 4301 City Point Drive North Richland Hills, Texas People interested in submitting letters of support or opposition are encouraged to contact the Planning & Zoning Department for additional information. Letters must be received bythe close of the City Council public hearing.Because changes are made to requests during the public hearing process,you are encouraged to follow the request through to final action by City Council. Planning and Inspections Department 14301 City Point Drive- NRH,TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com FOR MORE INFORMATION,VISIT NRHTX.COM/MAP FREEDOM WOODS (HIDDEN CREEK $AYERS 0 x S�V�I�dI'br� x .risc'�iwun u,�in xuu ,ru'vamvr-r �u it srlrnwe;,y„r a"��a N 4 1+�Y'✓ it '..4 2Y- bt 9 k 1 1 wf AI NY d'rcu� .rl.i itntlr++ I i;�l - cY Wira•le itv+�Ito�... (] FS ].;iGl �C"{,1 a1.`ili 1=A:1(1 rim "lA . I ?LL,iI,.,�� ... ..... __ — r f r Ei44 A've n r< ONCEPTUAL..NOT FOR PERMITTING. 11 f r� I I I rl I I Planning and Inspections Department 4301 City Point Drive- NRH,TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com NOTIFIED PROPERTY OWNERS ZC25-0148 BIRDVILLE ISD 6125 E BELKNAP ST HALTOM CITY TX 76117 BRAUDRICK,CARRIL 8217 SAYERS LN NORTH RICHLAND HILLS TX 76182 BURKE,KATHERINE MARIE 8213 SAYERS LN NORTH RICHLAND HILLS TX 76182 CLEVELAND,DONNA 8300 WOODS LN NORTH RICHLAND HILLS TX 76182 DODD,DABNEE KAY 8312 SAYERS LN NORTH RICHLAND HILLS TX 76182 FAIN,JORDAN 8316 SAYERS LN NORTH RICHLAND HILLS TX 76182 FIBRANZ,SYDNEYJOE 8304SAYERS LN NORTH RICHLAND HILLS TX 76182 GILBREATH,HAROLD W 8212 SAYERS LN NORTH RICHLAND HILLS TX 76182 GOLIGHTLY,DAWN 8300 SAYERS LN NORTH RICHLAND HILLS TX 76182 RAGE,GADY 8309 SAYERS LN NORTH RICHLAND HILLS TX 76182 HAMMONDS,BETTY 8216 WOODS LN NORTH RICHLAND HILLS TX 76182 HASTINGS,TRAVIS 7204 CHANCE CT NORTH RICHLAND HILLS TX 76182 HENRY,SHARON 8317 SAYERS LN NORTH RICHLAND HILLS TX 76182 HESTER,SYLVIA 8205 SAYERS LN NORTH RICHLAND HILLS TX 76182 HIDINGER,DAVID 8308 SAYERS LN NORTH RICHLAND HILLS TX 76182 JOHNSON,MITCHELL W 8220 SAYERS LN NORTH RICHLAND HILLS TX 76182 M16 ENTERPRISES LLC 6217 PRICE DR NORTH RICHLAND HILLS TX 76180 MOFFETT,MYRNA G 8308 WOODS LN NORTH RICHLAND HILLS TX 76182 POSADAS,JOEL 8220 WOODS LN NORTH RICHLAND HILLS TX 76182 SCHNEIDER SYLVESTER EST 8204 WOODS LN NORTH RICHLAND HILLS TX 76182 SMITH,CORYG 8212 WOODS LN NORTH RICHLAND HILLS TX 76182 SMITH,CORY G 8312 WOODS LN NORTH RICHLAND HILLS TX 76182 SMITH,TATYANA 8212 WOODS LN NORTH RICHLAND HILLS TX 76182 STALEY,BOB 8216 SAYERS LN NORTH RICHLAND HILLS TX 76182 WHARTON,SYLVIA 308 COOPER DR HURSTTX 76053 Ln 0 +� N m o 0 00 00 C4 CN m m m 00 CN 0 00 . . } 00 Q . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00 N CO m rn mo m 0 0 00 0 m m m o 0 00 m m 0 Ln 0 m m co ' o 0 � m 0 m Z 0 0 00 m m o 00 0 0 00o m ...,............ 0 00 0 N 00 m N 00 00 N 00 6� O C4 0 no N N N 00 00 00 T N N (p E 5 Q C N N , ,,,, ,,,,, 'O 0 0' C O a � N6 O LO Ln p N N Q O a 1 0 N N N - 'may Q 00 00 aca o c m m o o o W N C .........,,, d,E o m - ON o O 00 N N 00 00 y N N 0 6 Q a O E m 00 m co m ~ �a00 a . w - Ln 00 s N N N N U o 9- d � CO CO 00 CO o 00 m o � ins U v 1 i z Y \ i a 00 a 0 W1 �o ro mown c w w oN F e Z 0o Z O a >II v 0w � I r n w _ It L L + I CD JJ- Li J �. I La In uH ,1= - Z C� Z � � 0 : Z w - Zw 000 (no (n aj cn D U Y �f r lti I� ICJ " i 4 LL 9 ' I � I w Q nl 0 Z zw "N a1 io� 3 e n 'R _ _p ° 5 E aE m d e o o A n e v m o& IIF �u O w r $ $ E z20. a e v � a m _ Exhibit B— Land Use and Development Regulations—Ordinance No. ****— Page 1 of 3 Zoning Case ZC25-0148 Lot 15, Block 2,Woodbert Addition 8217 Sayers Lane, North Richland Hills,Texas This Residential Infill Planned Development (RI-PD) District must adhere to all the conditions of the North Richland Hills Code of Ordinances,as amended,and adopt a base district of R-3 (Single- Family Residential).The following regulations must be specific to this RI-PD District. Where these regulations conflict with or overlap another ordinance, easement, covenant or deed restriction, the more stringent restriction will prevail. A. Permitted Land Uses. Uses in this RI-PD are limited to those permitted in the R-3 (Single- Family Residential) zoning district, as amended, and subject to the following. 1. Any land use requiring a special use permit in the R-3 (Single-Family Residential) zoning district, as amended, is only allowed if a special use permit is issued for the use. 2. Any land use prohibited in the R-3 (Single-Family Residential)zoning district, as amended, is also prohibited. B. Site development standards. Development of the property must comply with the development standards of the R-3 (Single Family Residential) zoning district and the standards described below. 1. Lot standards are as follows. STANDARD MINIMUM REQUIREMENT Lot area 6,600 square feet .................................................................................................................................................................................................................................................................................................................................................................................................................................. Lot width 65 feet ____________________________________________________________________________w_________________________________________________________________________________ Lot depth 95 feet .................................................................................................................................................................................................................................................................................................................................................................................................................................. Front building line 20 feet primary structure Front building line 15 feet porch or courtyard .................................................................................................................................................................................................................................................................................................................................................................................................................................. Side building line 5 feet ____________________________________________________________________________w_________________________________________________________________________________ Rear building line 10 feet .................................................................................................................................................................................................................................................................................................................................................................................................................................. Rear yard open space area 10 percent of lot area Minimum dwelling unit size___________________ 2,000 square feet_______________________________________ ................................................................................................................................................................................................................................................................................................................................................................................................................................... Maximum structure height 38 feet 2. Privacy fences visible from the street must be a pre-stained board-on-board cedar fence with top cap and side trim; metal posts, brackets, and caps with the finished or non-pole side facing the street.The fence must not exceed eight(8)feet in height.All other fencing may meet the minimum standards of the zoning ordinance. 3. A four-foot wide sidewalk must be constructed and maintained adjacent to Sayers Lane. 4. Surface materials for driveways must be salt finished, broom finished with smooth border, or stamped and stained concrete. 5. Individual lot mailboxes must be constructed of masonry materials. 6. Landscaping must be designed and installed as follows. Exhibit B— Land Use and Development Regulations—Ordinance No. ****— Page 2 of 3 Zoning Case ZC25-0148 Lot 15, Block 2,Woodbert Addition 8217 Sayers Lane, North Richland Hills,Texas a. On all lots, at least three (3) trees must be installed. At least one (1) tree must be located in the front yard. b. All trees must be container-grown and at least three (3) caliper inches in size. Trees must be of a hardwood species such as oak, elm, maple, or similar species. c. The front yard of all lots must be landscaped with landscape beds of mulch, crushed granite, or rock/pebble totaling at least 200 square feet. Beds must be edged with masonry, metal, or concrete. Beds must contain a minimum of fifteen (15)one-gallon shrubs of at least two different species and at least one (1) ornamental tree. d. All landscaped areas of each lot must be watered by an automatic underground irrigation system equipped with rain and freeze sensors. C. Building design standards. Building design and appearance must comply with the standards described below. 1. The exteriorwall materials must meetthe minimum requirement of the zoning ordinance, as amended. 2. Roofs must have a minimum pitch of 8:12 on the front and a minimum of 6:12 on the sides. Porch roofs and shed roofs must have a minimum 4:12. 3. Front entry garages are permitted within the development. 4. All dwelling units must provide a private/personal open space on the south fagade of the building in the form of a porch of at least eight (8) feet in depth and containing at least two of the following porch ornamentations: a. turned balusters with finials; b. spandrel and bracket additions; c. porch ceiling fan; d. porch swing; or e. lighting sconce. 5. Each dwelling unit must include at least three of the following architectural elements as appropriate to the architectural style of the home. a. At least two distinct building/masonry materials. b. Divided light or border light windows on street facing elevations, including front elevations and side elevations on corner lots. c. Enhanced brick details, such as herringbone, rowlocks, etc. d. Shutter accents. e. Cast stone accents. f. Decorative coach lighting. g. Quoins. Exhibit B— Land Use and Development Regulations—Ordinance No. ****— Page 3 of 3 Zoning Case ZC25-0148 Lot 15, Block 2,Woodbert Addition 8217 Sayers Lane, North Richland Hills,Texas h. Porch columns. i. Dormers. j. Balconies or balconettes. k. Eight-foot tall entry doors. D. Amendments to Approved Planned Developments. An amendment or revision to the Residential Infill Planned Development(RI-PD) must be processed in the same manner as the original approval. The application for an amendment or revision must include all land described in the original ordinance that zoned the land to the RI-PD district. The city manager or designee may approve minor amendments or revisions to the RI-PD standards provided the amendment or revisions does not significantly: 1. Alter the basic relationship of the proposed uses to adjacent uses; 2. Change the uses approved; 3. Increase approved densities, height, site coverage, or floor areas; 4. Decrease on-site parking requirements; 5. Reduce minimum yards or setbacks; or 6. Change traffic patterns. "I"wFt hJOKTH KIC:HLAND HILLS PLANNING AND ZONING COMMISSION MEMORANDUM FROM: Planning & Zoning Department DATE: October 16, 2025 SUBJECT: TR25-08 Public hearing and consideration regarding city-initiated text amendments to Chapter 118 (Zoning)for the purpose of revising certain single-family residential parking requirements related to garage enclosures PRESENTER: Cori Reaume, Director of Planning SUMMARY: The purpose of this public hearing is to consider revisions to the code related to residential parking requirements in situations involving a garage conversion. GENERAL DESCRIPTION: On October 2, 2025, a work session item was presented at the Planning & Zoning Commission meeting to discuss this topic. This item was staff-initiated in an effort to improve efficiencies and assist with bringing unpermitted garage conversions into compliance. In many older neighborhoods throughout the city, homes were constructed with a 1-car garage or perhaps a detached 2-car garage. In some of these homes, the garage has been converted to living space, often without any permitting by the City. Current Regulations: In single-family residential zoning districts, currently, the City requires (Sec. 118-833): 4 total spaces, with at least two covered and enclosed behind the front building line. Generally speaking, the current zoning regulations requiring the aforementioned parking spaces would not apply to homes constructed prior to that date. The homes would be determined to be legally nonconforming with the current regulations. However, Section 118-152 (1), indicates that no building or structure may be altered in a way which increases the degree or extent of the nonconforming feature without approval of a building permit which has been authorized by the zoning board of adjustment. In the past, staff has determined that a home with an enclosed garage must obtain a variance from the Zoning Board of Adjustment related to not meeting the parking requirements, or rather, increasing the nonconformity of the parking situation. "I"wFt hJOKTH KIC:HLAND HILLS Current Process: In many cases, a new owner has acquired the property, including the enclosed garage, and learns of its unpermitted status through notice of violation from the Building Inspections Division, or upon review of another submitted renovation or permit on the property. Typically, the owners would like to pursue the necessary inspections to ensure the structure has been enclosed safely. Unfortunately, prior to submitting the retroactive permit and obtaining the necessary inspections, staff must direct the applicant to seek a variance (or permit for nonconformity extension) from the Zoning Board of Adjustment. Processing applications through this board typically extends the timeline for obtaining a building permit and inspections by approximately 30 to 45 days due to the nature of public notices and meeting scheduling. Draft Proposal: In an attempt to streamline the process, staff reviewed previous applications for variances, neighborhoods where the garage enclosures are more prevalent, and ordinances from similar cities. A draft proposal was presented in the October 2nd work session and outlined below for your review: • This proposal would apply only to homes permitted for construction on or before January 9, 1984. • A single-car garage may be permitted for enclosure on properties which provide a minimum paved surface sufficient for parking two vehicles. o This does not require any additional paving on a property which already has sufficient parking for at least two vehicles. o Paved surface standards must align with 118-831 (f) (9) • A two-car garage (attached or detached) may be permitted for enclosure on properties which provide minimum paved surface sufficient for parking three vehicles. o Many of the homes in this age range involved detached garages with driveway length sufficient to accommodate three vehicles. If the property only currently has room for two spaces, they would be directed to add an additional space or to seek a variance through the original process outlined. The proposal is outlined as an amendment to the Nonconforming uses, structures, and lots Division, specifically in Section 118-153. Public Comment: No public comment has been received as of October 9, 2025. City Council: The City Council will consider this request at the November 10, 2025 meeting following a recommendation by the Planning and Zoning Commission. RECOMMENDATION: Approve TR 25-08 City of North Richland Hills,TX § 118-153. Nonconforming uses. (a) Defined. The term "nonconforming" shall be deemed to mean that a use or structure was lawful at the time it was begun, but could not presently be so begun, used or constructed under current ordinances and zoning. (b) Continuation. The lawful use of any building, structure, sign or land existing at the time such property was more restrictively zoned may be continued except as this chapter may require abatement within a given period of time; provided, however, the right to continue such nonconforming uses shall be subject to regulations prohibiting nuisances and shall be terminated when such use constitutes a nuisance. Such nonconforming uses shall be subject to such reasonable regulations as the zoning board of adjustment may require to protect adjacent property and shall be subject to the specific nonconforming use regulations contained in this section. (c) Accidental damage to building. If a building or structure occupied by a nonconforming use is destroyed by fire or any other cause, it shall not be reconstructed or rebuilt except to conform with provisions of this chapter. In the case of partial destruction by fire or other causes where the cost of repair does not exceed 50 percent of its current value, according to the most recent appraisal roll of the tax appraisal district, the building official is authorized to issue a permit for reconstruction. If greater than 50 percent and less than total, the zoning board of adjustment may grant a permit for repair but not for enlargement of the building or structure. (d) Determination of replacement cost. In determining the replacement cost of any nonconforming structure, there shall not be included therein the cost of land or any factors other than the nonconforming structure itself, including foundation. (e) Repairs and alterations. Repairs and alterations may be made to an undamaged nonconforming building or structure; provided, however, no structural alterations shall be made except those required by law or ordinance, unless the building is changed to a conforming use; and provided that no additional dwelling units shall be added where the nonconforming use results from there being more dwelling units on the lot than is permissible in the district in which the building is located. No enlargement or extension of a nonconforming use shall take place except as the zoning board of adjustment may grant, as a special exception, an application to extend or enlarge a building occupied by a nonconforming use or that portion of the lot occupied by such use,provided such grant does not serve to prevent the return of such property to a conforming use. (1) For homes permitted for construction on or before January 9, 1984, a reduction in the number of covered and enclosed parking spaces shall not deemed to create or enlarge a nonconformity under this section, and a garage enclosure may be permitted for such homes,provided the site provides paved parking that is compliant with the city's development standards outlined in this Chapter and covers sufficient area to accommodate the number of converted parking spaces plus one. Parking space calculation for this purpose shall be determined by the City's Schedule of minimum parking and maneuvering dimensions. (f) Continuance of nonconforming use. Except as this section may otherwise require, any nonconforming use may be continued in operation on the same land area and on the same floor area in a structure or structures which were occupied by the nonconforming TR25-08 City of North Richland Hills,TX use on the effective date of these regulations or on the effective date of any amendment by which the use became nonconforming, but such land area or floor area shall not be increased. (g) Registration of nonconforming use. It shall be the right of the joint tenants and owners of a nonconforming use to register the same by securing a certificate of occupancy as herein provided. The certificate shall not be issued unless the applicant can prove that the use in question was lawful at the time that it commenced and was not discontinued for more than six months after it became nonconforming. Absence of a certificate during proceedings before the zoning board of adjustment shall constitute prima facie proof that such use was not nonconforming. (h) Changing a nonconforming g use. Any nonconforming use may be changed to a use conforming with the regulations established in this chapter for the district in which the nonconforming use is located;provided, however, that a nonconforming use so changed shall not thereafter be changed back to a nonconforming use. A nonconforming use shall not be changed to another nonconforming use. (i) Discontinuation. A nonconforming use of any building or structure which has been discontinued shall not thereafter be returned to any nonconforming use. A nonconforming use shall be considered discontinued when: (1) It has been replaced with a conforming use; (2) Such building or structure is or hereafter becomes vacant and remains unoccupied or out of use for a continuous period of six months, or the special equipment and furnishings peculiar to the nonconforming use have been removed from the premises and have not been replaced within such six-month period; or (3) Water service has been discontinued for six months. (j) Notice, meal. The building official shall notify in writing the owner and user of any nonconforming use of a loss of nonconforming status, together with an order that such use is no longer lawful and notice of a right of appeal of such determination and order to the zoning board of adjustment. Any such appeal must be filed with the building official within the time provided for appeals under section 118-87 using the procedure for variance appeals set out in division 2 of article 11 of this chapter. (k) Appeal, burden of proof, power of board. The property owner shall have the burden of proof to establish either that the use was not discontinued for the time which would result in loss of nonconforming status or that the loss of nonconforming status would amount to an unconstitutional taking, considering the original cost of the improvements to the property, their adaptability to conforming use, and the length of time the owners have had to recoup the capital cost of such improvements since originally constructed. In establishing a taking, the owner or user shall have the burden of proof of establishing such costs,nonadaptability and length of time required to capitalize the investment. The board shall have the power to reverse the determination and order of the building official if the use was not discontinued for the requisite time, to sustain the determination and order of the building official, or to modify the order by establishing a time for the nonconforming use to be allowed to be continued in order to amortize the capitalized investment in the improvements. The intent of the property owner or use shall not be considered in the appeal_ If the property owner fails to meet his burden of proof, the action of the building official shall be sustained. (Ordinance 1874, art. 1, § 175(C), adopted 3/22/1993; Ordinance 2977, § 1, adopted 1/14/ 2008) TR25-08