HomeMy WebLinkAboutPZ 1999-10-26 Minutes
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MINUTES OF THE REGULAR MEETING OF THE
PLANNING & ZONING COMMISSION OF THE
CITY OF NORTH RICH LAND HILLS, TEXAS
OCTOBER 26,1999 -7:00 PM
1.
CALL TO ORDER
The meeting was called to order by Chairman Don Bowen at 7:00 p.m.
PRESENT
CITY STAFF
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2.
ROLL CALL
Chairman
Don Bowen
James Laubacher
Doug Blue
Tim Welch
Joe Tolbert
Ron Lueck
Ted Nehring
Planning Director
Planner
Recording Sec'y
Marcy Ratcliff
Mark Johnson
Valerie Taylor
3.
PS 99-12
CONSIDER REQUEST OF MARVIN SMITH, AGENT FOR MR. CHARLES
PENNINGTON, FOR A PRELIMINARY PLAT OF LOTS 1 - 4, BLOCK 1,
PENNINGTON ESTATES. THIS PROPERTY IS LOCATED AT THE
INTERSECTION OF DOUGLAS LANE AND BURSEY ROAD.
APPROVED
Ms. Ratcliff explained that Mr. Smith has submitted a preliminary plat of
Pennington Estates. The proposed preliminary plat is for 1.842 acres zoned R 1-
Residenhtial. Four lots are proposed ranging between 15,092 and 19,k506
square feet. The only issue associated with this plat is a required 10' flume
along the east property line that shall be contained in a drainage easement.
Staff recommends approval of PS 99-12, a Preliminary Plat to be known as Lots
1 - 5, Block 1, Pennington Estates Addition.
Mr. Laubacher, seconded by Mr. Nehring, moved to approve PS 99-12,
waiving the screening wall along Bursey Road. The motion carried
unanimously.
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4.
DISCUSSION OF NEW ZONING DISTRICT OVERLAY FOR LIGHT
COMMERCIAL USES IN A NEIGHBORHOOD SETTING. THE FIRST
APPLICATION FOR A ZONING CHANGE TO THIS DISTRICT WOULD LIKELY
COME FROM STRUMMER DRIVE.
Mr. Johnson explained that at the meeting of September 21, 1999, staff
presented three zoning options to the P&Z that might be applied to properties
located on Strummer Drive. After much discussion the P&Z directed staff to
refine Option One, adding additional design criteria specific to Strummer Drive
properties.
Option One now has two elements; first, there is the creation of a basic zoning
category called Neighborhood Commercial. This District is developed so that it
may be used in areas of the City that face similar circumstances as Strummer
Drive.
On top of the basic requirements of the Neighborhood Commercial District, each
area that applies for Neighborhood Commercial zoning may create an overlay
that applies design requirements addressed specifically to the area's physical
characteristics. Each area that is granted this zoning would have an independent
ordinance and a title that would include numerical sequencing, such as
"Neighborhood Commercial District #100 - The Strummer Drive Overlay." The
next neighborhood to receive this zoning would be named "Neighborhood
Commercial District #200," and so on.
The drafted language for N.C.D. is not intended to reflect what would ultimately
be added to the zoning ordinance, but to serve as easy to understand guidelines
that will aid the Commission to provide staff with further direction. Ultimately,
implementation of any proposal will require amendment of all effected sections
of the Zoning Ordinance including sign and landscaping regulations.
Staff mailed this proposal to each of the owners of property that would be
included in the Strummer Drive overlay. A form was attached requesting which
owners were in favor of or against a refined Option 1. Seven of the ten property
owners responded. Five said they were in favor of having the option to change
their zoning to neighborhood commercial. Two owners said they would not be
interested in rezoning their property, but they did not object to the others
rezoning theirs. Please find each response form attached.
It should was stressed that if the proposed zoning district and overlay are
approved by the Planning and Zoning Commission and City Council, it would not
automatically rezone the Strummer Drive properties. Each property owner would
be responsible for submitting a Zoning Change Application that would require
public hearings and approval by the Commission and City Council. If the zoning
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change were granted, a site plan would have to be approved before any
commercial enterprise could move into the property. The Planning and Zoning
Commission will have several opportunities to influence the design of each site.
Until all necessary applications are submitted and approvals granted, each
parcel will remain zoned R-2 Residential.
Planning staff has met with the Building Official, Public Works, and Fire
Department to discuss the issues associated with these properties converting to
commercial. The Building Official stated that these structures could be brought
into compliance with commercial building requirements, but it may require a
significant financial investment by the business owner.
Public Works main concern is access to Strummer Drive. They are satisfied with
the spacing of driveways as proposed on the overlay plan, but are concerned
over the 12-foot access width that will occur when a single property is developed
independently.
The Fire Department has stated that hydrant coverage of the entire road would
not be adequate for commercial property. There are hydrants in front of lots two
and eight, which leaves lots five and six with questionable coverage. The
property owner(s) of these lots may be required to install a hydrant at the time of
commercial conversion.
Mr. Johnson stated that staff recommends the Planning and Zoning Commission
authorize Staff to set a public hearing to consider the proposed amendments to
the Zoning Ordinance creating a new Neighborhood Commercial Zoning District
and creating a Neighborhood Commercial #100 - Strummer Drive Overlay.
Mr. Lueck, seconded by Mr. Laubacher, moved to approve a public hearing,
scheduled for December 9, 1999 for the consideration of the creation of a
Neighborhood Commercial District and the creation of a Strummer Drive
Overlay District. The motion carried unanimously.
Ms. Ratcliff stated that the Master Plan should be updated simultaneously,
stating the update is underway with consultants.
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5.
PZ 99-29
PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE ZONING
ORDINANCE, ARTICLE 6, SUPPLEMENTARY DISTRICT REGULATIONS
AND ARTICLE 11, DEFINITIONS RELATIVE TO MINIMUM MASONRY
REQIREMENTS FOR RESIDENTIAL AND NON-RESIDENTIAL, MINIMUM
PITCH RATIO FOR RESIDENTIAL PURPOSES, TEMPORARY USES,
OUTSIDE STORAGE AREAS, CARPORT & DETACHED GARAGE
REGULATIONS FOR R7-MUL TI-FAMIL Y, ADDITIONAL REQUIREMENTS
FOR ACCESSORY BUILDINGS IN THE AGRICULTURAL AND R1S-SPECIAL
RESIDENTIAL ZONING DISTRICTS, SWIMMING POOLS AND
RENUMBERING CUSTOMARY HOME OCCUPATIONS AND ANY OTHER
DELETIONS OR ADDITIONS.
Dan Sefko, Dunkin, Sefko & Associates, gave a presentation consisting of an
overview of the proposed changes, which had been authorized by the P&Z at the
October 14, 1999 meeting. The following summarizes the changes presented.
Chairman Bowen opened the public hearing.
. Section 600 Masonry Requirements for Residential Buildings
Increased masonry % on MF from 65% to 100% and established a minimum
of 75% for PD's.
Masonry Calculation - allows equivalent masonry material to be approved
by Council & redefined how to calculate the masonry for ease of the
applicant and staff.
Allowed unusual construction through a Special Use Provision to be
approved by Council.
Allow a Special Use Provision to allow additions to existing structures with
materials not specified in the definition of masonry as along as they are
consistent with the existing structure.
Allow a Special Use Provision on new construction allowing materials not
specified in the definition of Masonry.
. Section 605 Masonry Requirements for Non-Residential Buildings
Increased masonry % on all primary structures and accessory buildings in
all non-residential districts from 75% to 100% and established a minimum on
PD's to 100%.
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· Section 606 Architectural Requirements
Buildings 10,000 SF or larger no more than 50% or each façade shall be a
flat unbroken plane.
At least 50% of each elevational square footage must be projecting outward
or recessed inward at least 10 feet or more.
No portion of the façade shall exceed 50 linear feet without an inward
recess or outward projection of 10 feet or more.
· Section 615 Height Limitation Exceptions (page 6-3)
Established the minimum pitch ratio of 4: 12 for all structures constructed for
residential use.
· Section 625 Temporary Uses and Buildings (pages 6-5 through 6-6)
Added titles to paragraphs A and B for easier reading.
Better defined the different types of temporary seasonal holiday items sales.
Added outside display and outdoor sales of seasonal landscaping as a
temporary permitted use not to exceed 8 months.
· Section 626 Outside Storage Regulations (page 6-6)
Separated outside storage and temporary use regulations for better clarity.
Permitted outdoor storage not to exceed 10% of the total lot and not to
encroach upon required parking areas.
Special Use Provision to exceed 10% of the total lot not to exceed a
maximum of 20
% of the total lot area and not to encroach upon required parking areas.
· Section 630.E & F. Accessory Buildings and Structures - Carports
Regulations and Detached Garages in the R-7 -MF District
· Section 645 Mechanical Equipment (page 6-10)
To be screened in accordance with new regulations in Article 10.
· Section 11 Definitions
Defined masonry as natural stone, rock, or brick, painted aggregate or
exposed aggregate concrete or split-face concrete masonry blocks.
Defined outdoor storage and outside display.
Created exceptions for the Multi - Family District to the size and number
allowed.
Revised the Design Criteria for all carports and detached garages to have a
minimum pitch ratio instead of matching the primary structure.
Revised the Design Criteria for AG & R-1-S Districts to be exempt from pitch
ratio and concrete access to a public street.
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· Section 695 Customary Home Occupation (page 6-12) - revised the
numbering to match the rest of the section.
Ms. Ratcliff suggested the Commissioners review Section 625 Temporary Uses
and Buildings, 626 Outdoor Storage Regulations and Mr. Sefko's proposed
amendments to see if what is drafted is what is desired. And, also asked if the
revised Design Criteria for carports and garages were acceptable.
Ms. Ratcliff stated that staff recommends the P&Z approve the proposed
amendments the Zoning Ordinance, No. 1874, Article 6, Supplementary District
Regulations and Article 11, Definitions.
Mr. Tolbert, seconded by Mr. Laubacher, moved to approve PZ 99-29, to
revise the definition of outside outdoor storage to exclude pallet display
apparatus placing a maximum stacking height of 7' for outside displays.
The motion carried unanimously.
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6.
PZ 99-30
PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE ZONING
ORDINANCE, ARTICLE 8, PARKING AND LOADING REGULATIONS,
APPENDIX F, SCHEDULE OF MINIMUM NUMBER OF PARKING SPACES,
APPENDIX G, SCHEDULE OF MINIMUM PARKING AND MANEUVERING
DIMENSIONS, APPENDIX H, SCHEDULE OF PASSENGER AND
MERCHANDISE LOADING REGULATIONS RELATIVE TO COVERED AND
ENCLOSED OFF-STREET PARKING FROM SINGLE FAMILY DWELLING
AND INCORPORATING APPENDIX F, G & H INTO ARTICLE 8 AND ANY
OTHER ADDITIONS OR DELETIONS
At the meeting of October 14, 1999, the Commission reviewed draft amendments
to the Zoning Ordinance relative to Article 8, Parking and Loading Regulations,
and Appendix F, Appendix G, and Appendix H. The Commission did not
recommend any specific changes and requested that staff schedule a public
hearing. There was discussion about possibly requiring more covered spaces
per multi-family unit.
Below is a summary of the additional draft amendments to the Parking and
Loading Regulations as proposed by Staff since October 14:
. Former Appendix F - Proposed Section 820
Added in the schedule of required parking the covered parking requirements
for Townhouse, Rowhouse, Duplex, Quadruplex, Condominium and
Apartments. Deleted a duplicate duplex requirement
Council comments from their workshop on October 18, 1999 included:
. Look at requiring a percentage of enclosed garages for multi-family
Staff recommends the Planning and Zoning Commission approve the proposed
amendments to the Zoning Ordinance, Article 8, Parking and Loading
Regulations, Appendix F, Schedule of Minimum Number of Parking Spaces,
Appendix G Schedule of Minimum Parking and Maneuvering Dimensions, and
Appendix H, Schedule of Passenger and Merchandise Loading Regulations.
Chairman Bowen opened the public hearing and asked for the Commissioners
input.
Seeing no proponents and no opponents, the hearing was closed.
Mr. Nehring, seconded by Mr. Tolbert, moved to approve PZ 99-30,
requiring 50% of the parking in multi-family be covered and enclosed. The
motion carried unanimously.
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The Commissioners asked that staff researches other cities on their multi-family
garage requirements and report their findings.
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PZ 99-31
PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE ZONING
ORDINANCE, ARTICLE 10, FENCING REGULATIONS, ARTICLE 11,
DEFINITIONS, AND ARTICLE 3, PERMITTED USES RELATIVE TO
REQUIRED MASONRY SCREENING WALL REQUIREMENTS, NON-
MASONRY SCREENING REQUIREMENTS, APPROVED SCREENING PLANT
MATERIALS LIST, SCREENING OF OUTDOOR REFUSE CONTAINERS,
SCREENING OF AREAS FOR VEHICULAR STORAGE, SPECIAL SCREENING
REQUIREMENTS
At the meeting of September 9, 1999, Dan Sefko of Dunkin, Sefko & Associates
presented draft amendments to the Zoning Ordinance for the Planning and
Zoning Commission to consider relative to Article 10, Fencing Regulations. Staff
requested additional time to review the drafts and to insert them into the Zoning
Ordinance before returning to P&Z with recommendations.
Below is a summary of the attached draft amendments to the Fencing
Regulations as proposed by Dan Sefko:
· Article 10 Fencing Regulations renamed to Screening and Fencing
Regulations.
· Section 1020 Masonry Screening Wall Required
Masonry screening walls where possible to be consistent with the exterior
finish of the main buildings in material and color.
Outdoor storage of materials or commodities to be screened by minimum
six-foot masonry wall.
Servicelloading areas must be screened from public roads and residential
and office zoning districts.
For properties requiring a site barring fence, deleted "site barring fence" and
replace with "living screen." Added a description of "living screen."
Included an approved screening plant list.
· Section 1026 Screening of Outdoor Refuse Containers
Dumpsters, recycling containers, etc. shall be located behind the building
line and not within any side or rear yard setback. Shall be screened on three
sides with materials consistent with main building and shall be equipped
with gates.
· Section 1028 Screening of Areas for Vehicle Storage
Require masonry walls and living screens for vehicle storage facilities.
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· Section 1040 Mechanical Equipment Screening (pages 10-7 through 10-8)
· Article 11 Added a Definition of Screening.
Additional draft amendments to the Screening and Fencing Regulations as
proposed by Staff:
· Section 1026 Screening of Outdoor Refuse Containers
Added minimum screening of 3 sides.
· Section 1030 Special Screening Requirements
For uses listed in the Table of Uses requiring special screening
requirements have added similar language proposed in the Subdivision
Ordinance for screening along thoroughfares.
In addition, staff would like to point out that Section 1020.C on page 10-2 and
Section 1030 on page 10-6 still need refining. The Commission should consider
what effects these regulations will have on properties and what is the intent.
Article 10 overall, needs some careful review.
Staff recommends the Planning and Zoning Commission read the proposed
amendments carefully and if you feel comfortable with the direction you give
Staff relative to changes, consider authorizing Staff to set a public hearing for
October 26, 1999 to consider the proposed amendments to the Zoning
Ordinance, Article 10, Fencing Regulations.
Chairman Bowen opened the public hearing. There were no proponents and no
opponents.
Mr. Lueck, seconded by Mr. Nehring, moved to Table the public hearing of
PZ 99-31 until the December 9, 1999 meeting. The motion carried
unanimously.
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8.
PZ 99-32
PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS TO THE
ZONING ORDINANCE, ARTICLE 4, PRIMARY DISTRICT REGULATIONS
RELATIVE TO SUPPLEMENTARY DISTRICT REGULATIONS, SCREEN &
FENCING REGULATIONS, INCREASING THE COMMERCIAL SIDE AND
REAR YARD SETBACKS AND DELETING OUTDOOR ACTIVITIES AND ANY
OTHER DELETIONS OR ADDITIONS AS NECESSARY.
APPROVED
At the meeting of October 14, 1999, the Commission reviewed draft amendments
to the Zoning Ordinance relative to Article 4, Primary District Regulations. The
Commission instructed staff to advertise a Public hearing.
The changes to Article 4 are a result of the amendments to other Articles that
changed titles and numbers. These changes are reflected in Article 4 where the
Primary District Regulations reference other Articles. The only substantive
changes are the deletion of Section 440 E, "Outdoor Activities or Other Uses"
which is addressed in the amendments to Article 6 and requiring the side and
rear yards of all commercial districts to have a minimum 25 foot setback when
adjacent to a residential district.
Staff recommends the Planning and Zoning Commission approve the proposed
amendments to the Zoning Ordinance, No. 1874, Article 4, Primary District
Regulations.
The public hearing was opened. There were no proponents and no opponents.
The hearing was closed.
Mr. Tolbert, seconded by Mr. Laubacher, moved to approve PZ 99-32,
modifying side and rear yards to 35', dumpster setbacks to 25' and that
50% of the parking in multi-family districts is enclosed and covered. The
motion carried unanimously.
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8.
PS 99-33
TABLE PROPOSED AMENDMENTS TO THE SUBDIVISION REGULATIONS,
ARTICLE 3, REQUIREMENTS FOR PUBLIC AND SEMI PUBLIC
IMPROVEMENTS, SECTION 355, MASONRY SCREENING WALL
REQUIREMENTS (SEMI-PUBLIC IMPROVEMENT) AND ARTICLE 13,
DEFINITIONS
TABLED
Ms. Ratcliff explained that on October 14, 1999 the P&Z reviewed draft
amendments to the Subdivision Regulations relative to Masonry Screening Wall
requirements adjacent to thoroughfares. Since then, discussion between the
Planning Department, Public Works and Parks Departments have revealed that
additional changes need to be made to the regulations. Staff requests the P&Z
table the public hearing of PS 99-33 until December 9, 1999, to allow staff
additional time to make necessary corrections.
Mr. Lueck, seconded by Mr. Blue, moved to table the public hearing of PS
99-33 until the December 9, 1999 meeting. The motion carried
unanimously.
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10.
MISCELLANEOUS REPORTS
There was nothing to report.
11.
ADJOURNMENT
Having no additional þusiness to conduct, the m~djourned at 1 0:50 ~M~)
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Ctlairman Don Bowen Ted Nehring, Secretary
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