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HomeMy WebLinkAboutPZ 1998-09-24 Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS SEPTEMBER 24,1998 -7:30 p.m. 1. CALL TO ORDER The meeting was called to order by Chairman Richard Davis at 7:30 p.m. 2. ROLL CALL PRESENT Chairman Richard Davis Don Bowen Doug Blue James Laubacher Mark Wood Ted Nehring ABSENT Paul Miller CITY STAFF Director, Planning Barry LeBaron Planner Christopher Baker Recording Sec'y Valerie Taylor 3. CONSIDERATION OF MINUTES OF SEPTEMBER 10, 1998 APPROVED Mr. Nehring, seconded by Mr. Bowen moved to approve the minutes of September 10, 19980. The motion carried with a vote of 6 - O. Messrs. Bowen, Davis, Laubacher, Nehring, Wood and Blue were in favor of this motion. Page 1 9/24/98 P & Z Minutes 4. PZ 98-23 PUBLIC HEARING TO CONSIDER ESTABLISHING REGULATIONS REGARDING COMMERCIAL AMUSEMENT INDOOR. TABLED Mr. LeBaron explained that the cities of Carrollton, Keller and Piano were contacted to see how they deal with indoor amusement facilities. Staff recommends that this use be allowed as a Special Use Permit in the C2- Commercial and be allowed by right in the industrial districts, and prohibited from all others. Mr. Wood asked if the U-Institutional zoning category should be included as a permitted use as well. Mr. Baker stated that a special use permit could be required in the U-Institutional zoning classification, but waive the fee. Chairman Davis opened the public hearing and called for any proponents. Mr. Ken Taylor, 7650 Grapevine Highway, stated that he has been operating under temporary Certificates of Occupancy since May at the Texas Indoor Speedway. He stated that the average attendance has been about 150; with the most being 230. That's about 80 - 90 cars maximum and traffic has not been an issue. There have been no security problems either. Only pre-packaged goods and canned drinks are sold. TCI and Marcus cable companies broadcast these events twice a month. Seeing no additional proponents and no opponents, the public hearing was closed. Chairman Davis stated that indoor swimming should be added as a use in the list of permitted uses, that C 1-Commercial category be deleted from the table of permitted uses, and add a special use permit to the U-Institutional category. Discussion ensued regarding proposed amendments to the ordinance. Mr. Nehring, seconded by Mr. Wood, moved to table PZ 98-23, allowing staff the opportunity to rewrite the ordinance incorporating the ideas brought out this evening. The motion carried with a vote of 6 - O. Messrs. Nehring, Wood, Bowen, Davis, Laubacher and Blue were in favor of this request. Page 2 9/24/98 P & Z Minutes 5. PZ 98-42 PUBLIC HEARING TO CONSIDER AMENDING THE ZONING ORDINANCE REGARDING ACCESSORY BUILDINGS IN RESIDENTIAL DISTRICTS APPROVED Mr. LeBaron stated that in April of this year, the City Council passed a moratorium on accessory buildings that exceed 12' in height. Current regulations allow accessory buildings to a height of 15'. Staff has been working on an ordinance amendment and are presenting this to the Commissioners. The ordinance was drafted in four (4) sections, Temporary structures, permanent structures, permanent carport structures and permanent detached garages. A survey was conducted with a number of cities throughout the metroplex and a copy of the survey results were distributed to the Commissioners. Mr. LeBaron pointed out that very few cities have a height restriction, stating that he didn't understand how these cities had avoided problems with that. Mr. LeBaron went over each of the sections. He explained that a temporary accessory structure would be anything less than 200 square feet, with a maximum height of 12', and there is no masonry requirement. Additionally, Mr. LeBaron explained that the ordinance was changed to allow temporary structures to sit on property that does not have a primary structure. An additional change was regarding 2 structures. In the past there was nothing stopping someone from putting 2 200-square foot buildings side by side. The new ordinance states that there must be 3' between buildings. Permanent structures have a maximum height of 15', provided the eve doesn't exceed 11 '6". That is the height defined by ordinance of a one-story structure. Total floor area for permanent structures will be 500', like a 2%-car garage. Carports can't exceed 10' in height and must be behind the building line. Concrete or asphalt access is required. Detached garages can't exceed 15' in height unless pitch of the roof matches that of the house. The maximum floor area is 500 square feet. Chairman Davis opened the public hearing and called for proponents. Seeing none, he called for opponents. Seeing none, he closed the public hearing. Responding to a question, Mr. LeBaron explained that at anytime, there would have to be 20.5' clear space in front of a carport. Page 3 9/24/98 P & Z Minutes Chairman Davis wanted the record to reflect that a carport could be built in commercial and industrial categories. Mr. Wood believes that temporary buildings on lots where there is no primary structure could create a lot of problems and would prefer to see the lots fenced as one lot at least. An additional correction the Commissioners wanted to see was that carports must be on concrete or asphalt. Chairman Davis reiterated the Commissions consensus to make the following amendments? On page 1, Item B1, Section 630 - adding the words "fenced as one lot." On Page 3, Section D9 should reflect that the carport shall be "on" concrete or asphalt. Mr. Wood, seconded by Mr. Bowen, moved to approve PZ 98-42 with the above referenced amendments. The motion carried with a vote of 6 - O. Messrs. Wood, Bowen, Blue, Laubacher, Davis & Nehring were in favor of this request. Page 4 9/24/98 P & Z Minutes 6. DISCUSSION REGARDING POSSIBLE AMENDMENTS TO THE RULES AND PROCEDURE OF THE PLANNING & ZONING COMMISSION. Chairman Davis explained that after a recent workshop he asked Mr. LeBaron to put this item up for discussion. Some issues were discussed at this workshop that included ethics and since the Rules & Procedures for the Commission had not been reviewed for some time, he wanted to give the Commission a chance to go over them and, make any amendments they deemed necessary. The Commission believed Section V, Paragraph D should be titled Ethics Guidelines instead of Disqualification from Voting. Additionally the first paragraph should have a sentence added at the end stating a conflict of interest form is to be signed prior to the meeting, and the member to excuse himself before the case presentation. The second paragraph of this section should be amended by deleting the word "may" from the first sentence and adding the word "should." Item V, Section B, third paragraph should state that rebuttals will be at the desecration of the Chairman, unless a majority vote of the Commissioners are opposed to it. The Commissioners stated they would like to see a copy of the adopted Appendices to the Rules of Procedures referenced in Item IV, Section B. Mr. LeBaron suggested staff draft an ordinance on the changes recommended and the Commissioners could look it over before voting on the change. Mr. Wood, seconded by Mr. Nehring, made the motion for staff to draft new Rules of Procedure based on the input from this evenings meeting. The motion carried unanimously with a vote of 6 - O. Messrs. Wood, Nehring, Bowen, Davis, Laubacher & Blue were in favor of this motion. Page 5 9/24/98 P & Z Minutes 7. STAFF COMMENTS Chairman Davis stated that during pre-meeting, Mr. LeBaron had informed the Commissioners that he would be leaving the City for new endeavors. Mr. Davis thanked Mr. LeBaron for serving this Commission very well for the last 8 % years and stated that as a friend he would be missed; his professionalism has done the City of NRH wonders, and Mr. LeBaron had left a mark on the City. 8. CITIZEN COMMENTS There were none. 9. ADJOURNMENT Having no additional business to conduct, the meeting adjourned at 8:35 .m. Page 6 9/24/98 P & Z Minutes