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HomeMy Public PortalAbout2012 Planning and Zoning Minutes:~~~. CTfY OF R[CHLAND HILLS, TEXAS PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT -.~ ~,..~ CITY OF RICHLAND HILLS PLANNING & ZONING COMMISSION REGULAR MEETING MINUTES DECEMBER 3, 2012 1. CALL TO ORDER a. 6:31 p.m. b. Attendees i. Members Present -Norton, Baker, Knowlton, Campbell, Skier ii. Members Absent- iii. Alternates Present- Hudson iv. Staff -Karla Wright, Secretary Steve Woods, City Attorney 2. ROLL CALL AND DETERMINATION OF A QUORUM 3. APPROVAL OF THE NOVEMBER 12, 2012 REGULAR MEETING MINUTES A motion was made by Member Baker, and seconded by Member Campbell to approve the November 12, 2012, regular meeting minutes with corrections. Motion carried by a vote of 5-0. 4. SUP 11-12 6908 BLVD 26. METCAR INVESTMENTS a. Hold Public hearing to consider a request and make a recommendation to City Council for a special use permit to operate a new and/or used auto sales business. The subject site, zoned General Commercial District (C-2), is located at 6908 BIvd.26 b. Close Public Hearing. c. Take action on SUP 1i-12 6908 Blvd. 26 Matt Shaffstall gave a staff report for Metcar Investments. Erica Craycraft gave a staff report from Freese and Nichols; she recommended deny or table the item until the replat to consolidate the two lots has been turned in and approval from the City Engineer on the site drainage. Amelia Lynch, owner of All Star Learning Center, located at 6912 Blvd. 26 spoke against Metcar Investments locating to this property. :~~~* CITY OF RICHLAND HILLS, TEXAS PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT Fidel Villansana, owner of Metcar Investments spoke in favor of his business locating to this property. He explained that he has not had any complaints or issue at his current location. Bonnie McGilvray, the owner of the property spoke in favor of Metcar Investments. Travis Malone, 3106 Elm Park, spoke in favor of Metcar Investments. Member Norton closed the public hearing at this time. Matt Shaffstall recommended taking action on the item tonight with special conditions that was listed from Freese and Nichols and all the restrictions have been met. Athena Campbell expressed concern about how the residents feel about the car lot. Douglas Knowlton expressed concern about the residents having a negative attitude against the car lot and concern for Blvd. 26 Member Baker made a motion, and seconded by Member Skier to approve the SUP with the conditions from Freese and Nichols. The motion carried by a vote of 3-2 (Approved) 5. PUBLIC COMMENTS 6. SET THE DATE AND TIME OF THE NEXT COMMISSION MEETING FOR JANUARY 7, 2013. Member Knowlton made a motion, and seconded by Member Baker to approve the meeting for January 7, 2013. 7. ADJOURNMENT There being no further business to come before the Commission, the meeting was adjourn at 7:06 p.m. ATTEST: Planning and Zoning Commission Chairman :~~~: CITY OF RICHLAND HILLS, TEXAS PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT ~~ v CITY OF RICHLAND HILLS PLANNING & 20NING COMMISSION REGULAR MEETING MINUTES NOVEMBER 12, 2012 1. CALL TO ORDER a. 6:30 p.m. b. Attendees i. Members Present -Norton, Baker, Knowlton, Campbell ii. Members Absent-Skier iii. Alternates Present- Hudson, Miller (Skier) iv. Staff -Karla Wright, Secretary Steve Woods, City Attorney 2. ROLL CALL AND DETERMINATION OF A QUORUM 3. APPROVAL OF THE OCTOBER 8, 2012 REGULAR MEETING MINUTES A motion was made by Member Campbell, and seconded by Member Knowlton to table the minutes until corrections are made. Motion carried by a vote of 5-0. 4. SUP 11-12 6908 BLVD 26. METCAR INVESTMENTS a. Hold Public hearing to consider a request and make a recommendation to City Council for a special use permit to operate a new and/or used auto sales business. The subject site, zoned General Commercial District (C-2), is located at 6908 BIvd.26 b. Close Public Hearing. c. Take action on SUP 11-12 6908 Blvd. 26 Matt Shaffstall gave a staff report for Metcar Investments. Amelia Lynch, owner of All Star Learning Center, located at 6912 Blvd. 26 spoke against Metcar Investments locating to this property. She also presented the Board with letters from concerned parents and petitions. Darla Glover owner of Darla's Florist, located at 6904 Blvd. 26 spoke against Metcar Investments locating to this property. Madeline Fanning, the owner of 6904 Blvd. 26, partner in Darla's Florist spoke against Metcar Investments locating to this property. :~R~: CCTY OF RICHLAND HILLS, TEXAS PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT Doris Yarborough, the owner of 6908 Blvd. 26, spoke in favor of Metcar Investments. Bonnie McGilvray, the owner of the property spoke in favor of Metcar Investments. Fidel Villasana, owner of Metcar Investments, he stated that he has been operating in the City already for a year at 7269 Glenview Drive and has never had any complaints against him or the property. He also stated that at the new location all the vehicles will be placed behind the fence and he would only be pulling a vehicle around the front when someone is purchasing or test driving a vehicle. No repairs will be done on any of the vehicles at the location; he plans on pouring concrete in the back where the vehicles will be kept. Member Norton closed the public hearing at this time. Athena Campbell asked Freese and Nichols about the Ordinance that was passed they had placed a time limit on special use permit and how would it work for this business, do we really want to recommend this with the time limit that was placed on special use permit earlier in the year. Matt Shaffstall said that he would look into the time limit being placed on business with a special use and he also stated that it would not be good practice for the City if something like that had been passed. Dan Sefko with Freese and Nichols also agreed with Matt Shaffstall with the look for Blvd 26, is this the way the City wants to go and he also stated that it would not be good practice placing a time limit on special use permit for business. Steve Woods, City Attorney said that he would have to check into the Ordinance regarding special use permit and the time limit placed on them, he did not remember this passing. He stated this would not be good for the City and he would review the Ordinance and get back with the Board. Dan Sefko with Freese and Nichols, gave an updated report on Metcar Investments and he recommended table the item due to there was no clear site plan or landscaping plan presented to them, therefore they were unable to do a plan review for this item. Matt Shaffstall explained all the requirements that will be placed on Metcar Investments if this item moves forward to City Council, it would exceed the requirements that are normally placed on a business. Member Knowlton asked the Board at this time was this standard that the City wanted to set for Blvd. 26 was this type of business that they wanted for the Blvd. He also wanted to know if this moved forward to Council would any vehicles be parked out front. ~~xAN4`~"`~~v PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT Member Baker stated that Metcar Investments has followed the special use permit for his other location on Glenview Drive to the letter. He mentioned that he had been by his property several times and at no time has he ever seen a vehicle out front or any vehicles being worked on in the back. Fidel Villasana stated again that all his vehicles will be placed behind the fence and the only car that would be out front would be if someone was test driving a vehicle. He also stated that no repairs will take place at the new location. Member Miller would like for it to exceed all the requirements as Matt Shaffstall mentioned in his staff report at the beginning, but until all the information is received regarding the site plan he would like for the item to be tabled. Steve Woods stated that there was not enough information to approve the SUP, no site plan or landscaping plan had been turned in to the Board. Matt Shaffstall asked if the Board could meet again in a couple of weeks, with the applicant having all the information needed. He stated that the applicant had a small window and before he would move forward with purchasing the property he wanted to make sure that a special use permit would be considered. Chairman Norton recommended tabling the item until December 3, 2012. Member Miller made a motion, and seconded by Member Campbell to table the item until two weeks. The motion carried by a vote of 5-0. 5. To consider proposed amendment to Section 90-92, Chapter 90 of the City Code, the Richland Hills Comprehensive Zoning Ordinance. The amendment reads 90-92(a) the affirmative vote of at least three-fourths of all members of the City Council is required to overrule a recommendation of the Planning and Zoning Commission that a proposed change to a regulation or boundary be denied; (b) if a proposed change to a regulation or boundary is protested in accordance with this subsection; the proposed change must receive, in order to take effect, the affirmative vote of at least three-fourths of all members of the City Council. The protest must be written, and signed by the owners of at least 20 percent of either: (1)The area of the lots or land covered by the proposed change; or (2)The area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area. (c) In computing the percentage of land area under Subsection (b), the area of streets and alleys shall be included. ~ * I7CY C~-F .IICHL~1~3 HILLS TE,~~A ~~CAND'~~~v PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT Steve Woods, City Attorney explained the amendment to Section 90-92, Chapter 90 of the City Code, the Richland Hills Comprehensive Zoning Ordinance. He explained the State Law regarding the supermajority and the simple majority and coming into compliance with State Law. Matt Shaffstall, read a statement from the City Manager at this time. Chairman Norton expressed his concern and would like to get a feel for what the City Council wanted and what the Planning and Zoning Board members wanted. Chairman Norton stated that he is not in favor of either; he would like everyone to understand the difference between the two (supermajority/simple majority). Dan Seflco recommended doing a simple majority and for right now doing away with the supermajority. He stated that the Board could always go back to a supermajority when the Comprehensive Plan is being written and at that time change it back if that is what the Board wanted. Chairman Norton asked Steve Woods to define the supermajority and the simple majority to the Board. Chairman Norton as for a motion to approve or deny the Ordinance as written. Member Miller made a motion, and seconded by Member Campbell to approve the Ordinance as written. The motion carried by a vote of 5-0. 6. DISCUSSION ITEM: AMENDED CHAPTER 10 BOARDS, COMMITTESS AND COMMISSIONS Hear Presentation from City Attorney's Office on roles, responsibilities, and rules for the Planning & Zoning Commission as established under City Ordinance 1234-12, including explanation of Rosenberg's Rules of Order. Steve Woods, City Attorney explained the Ordinance 1234-12 and Rosenberg's Rules of Order to the Board. Dan Sefko explained how the Board should have all the technical information and the public's information before the public hearing should be closed, then the Chair should ask each member what they think with the Chair having the final input. 7. PUBLIC COMMENTS :~M~. CITY OF RICHLAND HILLS, TEXAS PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT 8. SET THE DATE AND TIME OF THE NEXT COMMISSION MEETING FOR DECEMBER 3, 2012. Member Baker made a motion, and seconded by Member Miller to approve the meeting for December 3, 2012. 9. AD70URNMENT There being no further business to come before the Commission, the meeting was adjourn at 8:42 p.m. ATTEST: Planning and Zoning Commission Chairman :~M~. CITY OF RICHLAND HILLS, TEXAS PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT CITY OF RICHLAND HILLS PLANNING & ZONING COMMISSION REGULAR MEETING MINUTES OCTOBER 8, 2012 1. CALL TO ORDER a. 6:30 p.m. b. Attendees i. Members Present -Norton, Baker, Knowlton, Campbell, Skier ii. Members Absent iii. Alternates Present- iv. Staff -Karla Wright, Secretary Kathleen Wells, City Attorney 2. ROLL CALL AND DETERMINATION OF A QUORUM 3. APPROVAL OF THE SEPTEMBER 10, 2012 REGULAR MEETING MINUTES A motion was made by Member Baker, and seconded by Member Campbell to approve the minutes with corrections. Motion carried by a vote of 5-0. (b) Election of Commission Officers-Election of Commission Chair, Vice- Chair A motion was made to move the item to the bottom of the agenda by Member Campbell, and seconded by Member Knowlton. Motion carried by a vote of 5-0. Member Norton- Commission Chair Member Campbell- Vice Chair 4. SUP 1i-12 6908 BLVD 26. METCAR INVESTMENTS a. Hold Public hearing to consider a request and make a recommendation to City Council for a special use permit to operate a new and/or used auto sales business. The subject site, zoned General Commercial District (C-2), is located at 6908 BIvd.26 b. Close Public Hearing. c. Take action on SUP 11-12 6908 Blvd. 26 :~~~. CffY OF RICHLAND HILLS,_TEXAS PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT Matt Shaffstall gave a staff report for Metcar Investments. Fidel Villasana explained that he would like to move his business because the business is growing and he needs more space. He asked if it would be possible for him to obtain a SUP for his business for this location. He explained how he operates the business and the repairs and vehicles are kept behind a screened fence. He explained that most of his sales come from the internet. No major repairs are done at the location. He explained that he will be purchasing two lots. He will be placing a fence around the property. Member Norton mentioned that the City Attorney arrived at 6:40 p.m. Erica Craycraft with Freese and Nichols would like to table the item, there was no site plan presented so they were unable to do a plan review for this item. Fidel Villasana asked that he would like to know if it will be possible for him to move his business before he purchases the property or makes an offer. James Baenisch asked if this was going to be a car lot, he wanted to know if this was going to change the selling of a car on your own property. Will this be an internet business only and no cars out front with for sale signs on them. Member Norton recesses the public hearing until the next meeting. Member Norton closed the public hearing at this time. Member Knowlton made a motion, and seconded by Member Campbell to table the item until the next meeting. The motion carried by a vote of 5-0. 5. MODERN HEAT TREAT a. Hold Public hearing to consider a request and make a recommendation to City Council for a change of a special use permit for Modern Heat Treat. The subject site, zoned Heavy Industrial District (I-1), is located at 2550 Austin Road. b. Close Public Hearing. c. Take Action on SUP for 2550 Austin Road, Modern Heat Treat. Matt Shaffstall gave a staff report at this time. Erica Craycraft with Freese and Nichols recommended reclassifying the use by amending the SUP but calling it a foundry, which matches the use better and removing the time restriction. :~~~. CITY OF RICHLAND HILLS, TEXAS `G~<AND~*~~v PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT Member Campbell asked where the Council was on this with the 5 year time restriction and how could they decided without knowing where the Council was on everything. Member Campbell asked was Freese and Nichols there to let them know that everything has been fine and no problems have taking place. Member Campbell stated that why would you put a time restriction on them if they are not hazardous. Rudy Saucedo, Brad Luce stated that they have never used hazardous chemicals and they do not know why that was placed on the company. He stated that it was placed on them by the previous Director and that is what they went with to get their business up and going. He felt like they should have always been classified as a foundry. Member Norton closed the public hearing. A motion was made by Member Campbell, and seconded by Member Baker to change the classification to a foundry, move the 5 year time restriction and to change the SUP with no nitrogen methanol mix be used in the business. The motion carried by a vote of 5-0. 6. DISCUSSION ITEM: AMENDED CHAPTER 10 BOARDS, COMMITTESS AND COMMISSIONS Hear Presentation from City Attorney's Office on roles, responsibilities, and rules for the Planning & Zoning Commission as established under City Ordinance 1234-12, including explanation of Rosenberg's Rules of Order. The City Attorney would like for everyone to go over the Rosenberg's Rules of Order and the board discusses it at the next meeting after everyone has reviewed the paperwork. A motion was made by Member Baker, and seconded by Member Campbell to move this item to the next meeting. (a) REPORTS & DISCUSSION ITEMS-discussion of Section 90-92, Chapter 90, Zoning, of the Richland Hills Code of Ordinances. Matt Shaffstall gave a staff report for the City Manager, he stated that the City needs to be in compliance with state law. He explained the super majority/simple majority and explained Planning and Zoning's role in everything, along with the proposed change. Matt stated he would let the Board know what the surrounding cities do as well. He stated that the discussion will be placed on the next meeting. :,~'~~. CITY OF RICHLAND HILLS, TEXAS PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT 7. SET THE DATE AND TIME OF THE NEXT COMMISSION MEETING FOR NOVEMBER 12, 2012. 8. AD70URNMENT There being no further business to come before the Commission, the meeting was adjourn at 7:34 p.m. ATTEST: Planning and Zoning Commission Chairman :,~1~. CITY OF RICHLAND HILLS, TEXAS PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT CITY OF RICHLAND HILLS PLANNING & ZONING COMMISSION REGULAR MEETING MINUTES SEPTEMBER 10, 2012 1. CALL TO ORDER a. 6:35 p.m. b. Attendees i. Members Present -Norton, Baker, Knowlton, Klarich, Skier, Miller ii. Members Absent -Campbell iii. Staff -Karla Wright, Secretary Kathleen Wells, City Attorney 2. ROLL CALL AND DETERMINATION OF A QUORUM 3. APPROVAL OF THE 7ULY 30, 2012 REGULAR MEETING MINUTES A motion was made by Member Knowlton, and seconded by Member Baker to approve the minutes with corrections. 4. SUP 09-12 6800 BAKER BLVD. MISS TACO'S a. Hold Public hearing to consider a request and make a recommendation to City Council for a special use permit to operate a restaurant, refreshment stands temporary/seasonal. The subject site, zoned General Commercial District (C-2), is located at 6800 Baker Blvd. b. Close Public Hearing. c. Take action on SUP 09-12 6800 Baker Blvd. Miss Taco's. Freese and Nichols, Dan Sefko recommended approval for this item with conditions listed below specific to this owner and user of this business for this location. It would be for her trailer only and nothing else. 1. The use is considered temporary, and must be removed after three months, with the hours of operation limited to Monday through Saturday 9:00 a.m. - 6:30 p.m., as stated in the SUP application. 2. No additional signage is permitted, only signage attached to the trailer is permitted. 3. The trailer location requires approval from the Fire Chief. PAGE 1 OF 2 T:\BOARDS\PU-NNING AND ZONING COMMISSION\MINUTES - 2012\09~ 1o- 12.DOp[ :~M~. CI'iY OF RICHLAND HILLS, TEXAS PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT 4. The use must meet all other ordinances and requirements (i.e., health, electrical), but will not be required to meet the zoning ordinance regulations. Having no one else to come forward the public hearing was closed at this time. A motion was made by Member Skier to deny the request for Miss Taco's for 6800 Baker Blvd., and seconded by Member Knowlton. The motion carried by a vote of 5-1. Member Klarich voting yes. 5. SET THE DATE AND TIME OF THE NEXT COMMISSION MEETING FOR OCTOBER 8, 2012. 6. ADJOURNMENT There being no further business to come before the Commission, the meeting was adjourn at 6:52 p.m. ATTEST: Planning and Zoning Commission Chairman PAGE 2 OF 2 T:\BOARDS\PLANNING AND ZONING COMMISSION\MINUTES - 2012\09.1 O~ 12.DOpC :~'~~. CITY OF RICHLAND HILLS, TEXAS PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT CITY OF RICHLAND HILLS PLANNING & ZONING COMMISSION REGULAR MEETING MINUTES JULY 30, 2012 1. CALL TO ORDER a. 6:30 p.m. b. Attendees i. Members Present -Norton, Baker, Knowlton, Klarich, Campbell, Skier ii. Members Absent -Miller iii. Staff -Karla Wright, Secretary Kathleen Wells, City Attorney 2. ROLL CALL AND DETERMINATION OF A QUORUM 3. APPROVAL OF THE JULY 2, 2012 REGULAR MEETING MINUTES A motion was made by Member Campbell, and seconded by Member Baker to approve the minutes with correction. 4. APPOINT TWO MEMBERS TO MASTER PLAN COMMITTEE Member Campbell and Member Skier were appointed to the Master Plan Committee by the Board. 5. SET BOARD MEETING DATE This item was table by Chairman Norton 6. CONDUCT PUBLIC HEARING AND TAKE ACTION ON A REQUEST TO REPEAT 7060 BOULEVARD 26 -REPEAT 04-12 Lots 10, 11, 12 and 13, of Block 15 of the Richland Hills Addition generally located at the southwest corner of the intersection of Boulevard 26 and Popplewell Street. The applicant's request is to replat of these four lots into two commercials lots, 10R (0.881 acre) and 11R (0.881 acre) property, zoned General Commercial District (C-2), is located at 7060 Boulevard 26 PAGE 1 OF 2 T:\BOARDS\PLANNING AND ZONING COMMISSION\MINIJTES • 2012\07+30.12.DOCx :,~~~, CITY OF RICHLAND HILLS, TEXAS PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT A motion was made by Member Baker, and seconded by Member Campbell to approve the replat with the following conditions before Council. 1. Visibility Triangle on the Replat 2. Cross-access Easement for Lot 11R on the Replat 3. Signature Blocks on the Replat 4. Freese and Nichols to approve the Replat with these conditions Motion carried by a vote 5 - 0. 7. APPROVE SITE PLAN REQUEST FOR NEW RETAIL CONSTURCTION LOCATED AT 7060 Boulevard 26 -Consider discussing and approving site plan request for Family Dollar located at 7060 Boulevard 26 to facilitate construction of 8,107sq.ft. Retail building located in General Commercial (C-2) Zoning District. A motion was made by Member Knowlton, and seconded by Member Campbell to approve the Site Plan with the following conditions before Council. 1. Fence Material to be stated on the Site Plan 2. Clarify the Masonry Requirement of 60% 3. Freese and Nichols to approve the Site Plan with these conditions The motion carried by a vote of 5 - 0. 8. SET THE DATE AND TIME OF THE NEXT COMMISSION MEETING FOR SEPTEMBER 10, 2012 DUE TO THE HOLIDAY. 9. ADJOURNMENT There being no further business to come before the Commission, the meeting was adjourn at 7:02 p.m. ATTEST: Planning and Zoning Commission Chairman PAGE 2 OR 2 T:\BOARD$\PIJi1NNING AND ZONING COMMISSION\MINUTES - 2012\07-$O~ 12.DOpC :~~~: CITY OF RICHLAND HILLS, TEXAS ;~y~Q~~~ PLANNING AND G®MMUNITY D>"vi~Lc~PMENT DEPARTMEhiT `°'~'` CITY OF RICHLAND HILLS PLANNING & ZONING COMMISSION REGULAR MEETING MINUTES JULY 2, 2012 1. CALL TO ORDER a. 6:31 p.m. b. Attendees i. Members Present -Norton, Baker, Knowlton, Klarich, Campbell ii. Members Absent - Skier iii. Staff -Karla Wright, Secretary Betsy Elam, City Attorney 2. ROLL CALL AND DETERMINATION OF A QUORUM 3. APPROVAL OF THE JULY 2, 2012 REGULAR MEETING MINUTES No minutes were approved at this meeting. 4. COMMISSION OVERVIEW A motion was made to move the item until all members could be present. 5. ELECTION OF COMMISSION OFFICERS Elect Chair Elect Vice Chair A motion was made by Member Baker, and seconded by Member Campbell to elect Member Norton as Chairman for Planning & Zoning Commission. The motion carried by a vote of 5 - 0. A motion was made by Member Klarich, and seconded by Member Norton to elect Member Baker as Vice Chair for the Planning & Zoning Commission. The motion carried by a vote of 3 - 0. PAGE 1 OF 3 T:\BOARDS\P1.ANNING AND ZONING COMMISSION\MINUTES • 2012\07-02r 1'~.DOpC Ci :~~~* CITY OF RICHLAND_HILLS, TEXAS PLANNING AND GUMMUNITI' DE1lELC)PMEN'T DEPARTMENT ~~Inly 6. APPROVE SITE PLAN REQUEST FOR BUYERS BARRICADES LOCATED AT 7409 BAKER BOULEVARD -- Consider discussing and Approving site plan request for Buyers Barricades located at 7409 Baker Boulevard to facilitate construction of 178,160 square foot development located in a Planned United Development Zoning District. Dan Sefko with Freese and Nichols gave a report at this time and answered all questions for this item regarding the site plan for Buyers Barricades. He stated that all the requirements for the site plan had been completed. Betsy Elam, City Attorney explained the site plan requirement for Buyers Barricades regarding this item. A motion was made by Member Baker, and seconded by Member Campbell to approve the site plan for Buyers Barricade. The motion carried by a vote of 5 - 0. 7. CONSIDER A SITE PLAN REQUEST FOR RICHLAND HILLS CLINIC LOCATED AT 7560 GLENVIEW DRIVE -Consider recommendation of a site plan request for Richland Hills Clinic located at 7560 Glenview Drive to construct a 10,200 square foot medical office building. The subject site is located at the southwest corner of Glenview Drive and Cagel Road and is zoned General Commercial District (C-2). A motion was made by Member Klarich, and seconded by Member Baker to approve the site plan for Richland Hills Clinic with parking conditions. The motion carried by a vote of 5 - 0. 8. SUP 06-12 - hold a public hearing to discuss and consider a request and make a recommendation to City Council for a special use permit amendment to operate atemporary/seasonal refreshment stand. The property, zoned (C-2) General Commercial District, is located at 6940 Baker Blvd. Matt Shaffstall gave a staff report for this item regarding special use permit going to the property owner instead of the applicant. A motion was made by Member Baker, and seconded by Member Campbell to make a recommendation to the City Council for a special use permit to go to the owner of the property instead of the applicant. PAGE 2 OF 3 T:\BOARDS\PIANNING AND ZONING COMMISSION\MINUTES • 2012\07-0?r 12.DOCx :~~~. CITY OF RICHLAND HILLS, TEXAS PLANNING AND Ct7MMUNITY QI~IIELOPMENT DEPARTMENT The motion carried by a vote of 4 - 0. Member Klarich did not vote. 9. DISCUSS AND CONSIDER ADOPTION OF COMMISSION RULES AND PROCEDURES -Adopt Rules of Procedure A motion was made by Member Knowlton and seconded by Member Campbell to table this item until the next meeting. 10. SET THE DATE AND TIME OF THE NEXT COMMISSION MEETING FOR JULY 30, 2012 11. ADJOURNMENT There being no further business to come before the Commission, the meeting was adjourn at 8:06 p.m. ATTEST: Planning and Zoning Commission Chairman PAGE 3 OF 3 T:\BOARDS\PLANNING AND ZONING COMMISSION\MINUTES • 2012\07.0?r 12.DOCX :~~~: CITY OF RICHLAIVD HILLS, TEXAS PLANNING AND COMMUNITY L?EVELOPMENT DEPARTMENT -.,...~.. CITY OF RICHLAND HILLS PLANNING & ZONING COMMISSION REGULAR MEETING MINUTES APRIL 23, 2012 1. CALL TO ORDER a. 6:30 p.m. b. Attendees i. Members Present -Whitfield, Baker, Norton, Skier, Knowlton, Klarich ii. Members Absent - Campbell iii. Staff -Karla Wright, Secretary Steve Wood, City Attorney 2. ROLL CALL AND DETERMINATION OF A QUORUM 3. APPROVAL OF THE MARCH 5, 2012 CORRECTED MEETING MINUTES A motion was made by Member Skier, and seconded by Member Baker to approve the March 5, 2012 minutes with corrections. The motion carried by a vote of 6 - 0. APPROVAL OF THE APRIL 2, 2012 MEETING MINUTES A motion was made by Member Norton, and seconded by Member Baker to approve the April, 2, 2012 minutes. The motion carried by a vote of 6 - 0. 4. SUP 06-12 Rockin Snow -public hearing to discuss and consider a request and make a recommendation to City Council for a special use permit to operate atemporary/seasonal refreshment stand. The property, zoned (C-2) General Commercial District, is located at 6940 Baker Blvd. Jenni Heinritz spoke on behalf of the project. A motion was made by Member Klarich, and seconded by Member Knowlton to approve the special use permit. The motion carried by a vote of 6 - 0. PAGE 1 OF 2 \\CwiFIL1 \PCDS\BowRDS\PLANNING AND ZONING COMMISSION\MINUTES • 2012\04-23-12.docx :~~~* CITY OF RICHLAND H1LLS, TEXAS PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT SUP 07-12 North Central Texas Farmer's Market -public hearing to discuss and consider a request and make a recommendation to City Council for a special use permit to operate a farmers' market. The property, zoned (C-2) General Commercial District, is located at 6980 Baker Blvd. Ann Caldwell spoke on behalf of the project, she stated that all the paperwork has been completed and turned into Tarrant County Health Department and all the items to be sold have been inspected. She said that they were approved from the State of Texas to be able to take food stamps, debit and credit cards this year. A motion was made by Member Norton, and seconded by Member Baker to approve the special use permit. The motion carried by a vote of 6 - 0. SUP 08-12 Gontran's House -public hearing to discuss and consider a request and make a recommendation to City Council for a special use permit to operate a restaurant twenty four hours a day. The property, zoned (C-2) General Commercial District, is located at 6931 Baker Blvd., Ste D. The application was not completed at this time. 5. EXECUTIVE SESSION 6. SET THE DATE AND TIME OF THE NEXT COMMISSION MEETING Next meeting of the Planning and Zoning Commission will be scheduled for Monday, June 4, 2012, at 6:30 p.m. in the Council Chambers at City Hall. 7. ADJOURNMENT There being no further business to come before the Commission, Member Whitfield made a motion, seconded by Member Baker, to adjourn at 6:49 p.m. ATTEST: Planning and Zoning Commission Chairman PAGE 2 OF 2 \\CRttFIL1 \PCD$\BOARDS\PLANNIN(3 AND ZONING COMh~SSION\MINUTES- 2012\04-23-12.docx :~R~* CITY OF RICHLAND HILLS, TEXAS PLANNING AND C©MMUNITY DEVEL©PMENT D~PARTMEIv1T ~~~'~ CITY OF RICHLAND HILLS PLANNING & ZONING COMMISSION REGULAR MEETING MINUTES APRIL 2, 2012 1. CALL TO ORDER a. 6:30 p.m. b. Attendees i. Members Present -Whitfield, Baker, Campbell, Norton, Skier ii. Members Absent - iii. Staff -Karla Wright, Secretary Steve Wood, City Attorney 2. ROLL CALL AND DETERMINATION OF A QUORUM 3. APPROVAL OF THE MARCH 5, 2012 MEETING MINUTES A motion was made by Member Campbell, and seconded by Member Norton to approve the March 5, 2012 minutes with corrections. The motion carried by a vote of 5 - 0. 4. HOLD PUBLIC HEARING ON AMENDMENT TO CHAPTER 90 OF THE CITY CODE TO ALLOW COMMERCIAL LANDSCAPING LAND USE. Public hearing for the purpose of hearing evidence, testimony and comments from all interested persons and parties concerning a proposed amendment to Chapter 90 of the City Code, the Richland Hills Comprehensive Zoning Ordinance, specifically including proposed amendment to Sections 90-4, Definitions, and 90- 201, the Land Use Table, to allow a Commercial Landscaping Facility, land use in the C-3 "Multi-Story General Commercial Zoning District" with a Special Use Permit, such use to include commercial landscaping operations and offices, sales, fleet parking, fleet maintenance and light equipment repair. Matt Shaffstall, Economic Development gave a staff report- he explained that this item was to allow for a special use permit instead of changing the zoning at this location, the City Council was not comfortable changing the zoning and asked if PAGE 1 OF 4 \\CRHFILI \PCD$\BOARDS\PLANNING AND ZONIN[3 COMMISSION\MINVTEB - 2012\04-02-12.docx :~~'~. CCTY OF RICHLAND HILLS, TEXAS_ ~~h'~CANat~,yr PLANI4IING AMID CQMMUNITY DEVELQPM>vIVT DEPARTMENT there was another way, text change to allow a special use permit for this location to allow this use in C-3 with the approval of Planning & Zoning. The City code does not have a description for a landscaping business in the Land Use Table Chairman Whitfield opened up the Public hearing. Chairman Whitfield closed the Public hearing. 5. ACT ON AMENDMENT TO CHAPTER 90 OF THE CITY CODE TO ALLOW COMMERCIAL LANDSCAPING LAND USE Consider proposed amendment to Sections 90-4, definitions, and 90-201, the Land Use Table, to allow a Commercial Landscaping Facility land use in the C-3 "Multi- story General Commercial Zoning District" with a Special Use Permit, such use to include commercial landscaping operations and offices, sales, fleet parking, fleet maintenance and light equipment repair. Member Campbell asked if the ordinance was changed will it allow any landscaping company to come in there, can we limit it to this one. Could we allow this SUP for this one business without changing the ordinance. Chairman Whitfield stated that he did not see in the paperwork that the land owner requested a SUP. Member Baker asked Councilman why this came back to the Board instead of the Council deciding on this. Councilman Goveas said they wanted to protect the Baker Blvd zoning he said that they did not want to change the zoning from C-3 to I-1, then there would be a lot of industrial coming in, this way they could allow a business with a SUP to come in an operate and still protect Baker Blvd. Brumlow Properties said the split zoning has been an issue, he said that the front part of the property is C-3 and the back part is I-1 according to the zoning map. He stated that C-3 was more restrictive and because of this type of zoning Baker Blvd. has gone stagnate. He said that it sounded like the City owned his property instead of him. He said that it was not fair to have him wait due to this issue. He has waited for three years. Member Norton asked the business owner what would he like to see happen tonight, was he going to lease the property or sell it. He asked if the taxes were current on the property. PAGE 2 OR 4 \\CRHF7L1 \PCD$\BOAItDS\PuIVNIN6 AND ZONING COMMISSION\MINUTES - 2012\04-02-12.docx :~~~* CITY OF RICHLAND HILLS, _TEXAS r~~~v PLANNING AND GoMMUN%TY DE:1tELl'~PM>~NT DEPARTMENT ~''<ANQ `~'' Brumlow Properties said he wanted the zoning changed to I-1 and he would sell the property if the right offer comes along. He said that he is looking to stop losing money on the property. He said the property looses over $3000.00 a month sitting empty. He reminded the Board that the property has been vandalized and burglarized. Matt Shaffstall stated that tonight was not fixing the problem but simply allowing a landscaping business to operate in a C-3 district with a SUP. Chairman Whitfield made a motion to allow a landscaping business to operate in C-3 with a special use permit, seconded by Member Baker. The motion carried vote of 5 -0. 6. HOLD PUBLIC HEARING ON ZONING CHANGE OR SPECIAL USE PERMIT FOR 7520 BAKER BOULEVARD. Open public hearing for the purpose of hearing evidence, testimony and comments from all interested persons and parties concerning an application for a proposed amendment to the Richland Hills Zoning Ordinance, Chapter 90 of the City Code, to change the classification of certain property located at 7520 Baker Blvd., Richland Hills, the legal description of which is Lot A138, Tract 2C, Hamilton Bennett Survey Addition of the City of Richland Hills, Tarrant County, from Multi- story Commercial (C-3) to either Light Industrial District (I-1) or to Multi-story Commercial (C-3) with a special use permit for commercial landscaping company with fleet maintenance including oil changes and minor mechanical repair. Chairman Whitfield asked the attorney if he had reviewed this and could they do this all in one lump. Steve Wood stated that they could move forward with this item and that Council did not deny the application. Beverly Williams stated that she was against a zoning change, but was for the SUP to bring business into Richland Hills. Brumlow Properties would like to move forward with a zoning change to City Council. He wants a long term use to occupy that property, not just a SUP for landscaping. He stated that his property is dual zoning. He purchased the property as one big lot. Member Baker asked Councilman Goveas if the reason Council was asking for a SUP was because of the oil changes. Councilman Goveas said no that was not the reason but it was to protect the C-3 zoning. Discussion closed. PAGE 3 OF 4 \\CRHFlLI \PCDs\BOARDS\PLANNINf3 AND ZONING COMII~SSION\MINUTES - 'LO I Z~O4-O2-12.dOCX ~.~ ~ :~~~. C[TY OF RiCHLAND HILLS, TEXAS PLANNING AND COMMUNITY Dlr'VELOPMENT DEPARTMENT 7. ACT ON ZOING CHANGE OR SPECIAL USE PERMIT FOR 7520 BAKER BOULEVARD - Consider application for a proposed amendment to the Richland Hills Zoning Ordinance, Chapter 90 of the City Code, to change the classification of certain property located at 7520 Baker Blvd., Richland Hills, the legal description of which is Lot A138, Tract 2C, Hamilton Bennett Survey Addition of the City of Richland Hills, Tarrant County, from Multi-story Commercial (C-3) to either Light Industrial District (I-1) or to Multi-story Commercial (C-3) with a special use permit for commercial landscaping company with fleet maintenance including oil changes and minor mechanical repair. Member Campbell, made a motion, and seconded by Member Norton for a Special Use Permit for 7520 Baker Blvd. The motion carried by a vote of 5 - 0. 8. DISCUSS REQUESTING MONTHLY WORKSHOPS WITH THE CITY COUNCIL - Considering discussing amending rules of procedure authorized by City Ordinance 90-72 to request a workshop with the City Council every month prior to the actual Planning & Zoning Commission meeting. This item was placed on the agenda by Commission Member Athena Campbell. Matt Shaffstall will put together an email requesting a joint meeting with City Council regarding this issue and the City Attorney will get with the City Manager. 9. SET THE DATE AND TIME OF THE NEXT COMMISSION MEETING Next meeting of the Planning and Zoning Commission will be scheduled for Monday, April 23, 2012, at 6:30 p.m. in the Council Chambers at City Hall. 10. AD70URNMENT There being no further business to come before the Commission, Member Whitfield made a motion, seconded by Member Baker, to adjourn at 7:35 p.m. ATTEST: Planning and Zoning Commission Chairman PwGE 4 of 4 \\CRHFILI \PCD~\BOARDS\PLANNIN6 AND ZONING COMMISSION\MINUTEB - 2012\04-02-12.docx CI :~~~* CITY OF RICHLAND HILLS, TEXAS PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT art rv v CITY OF RICHLAND HILLS PLANNING & ZONING COMMISSION REGULAR MEETING MINUTES **Corrected** MARCH 5, 2012 1. CALL TO ORDER a. 6:30 p.m. b. Attendees i. Members Present -Whitfield, Baker, Campbell ii. Members Absent - Skier, Norton iii. Staff -Karla Wright, Secretary Steve Wood, City Attorney 2. ROLL CALL AND DETERMINATION OF A QUORUM 3. PLANNING & ZONING COMMISSION BUSINESS Nominate and appoint aVice-Chairman A motion was made by Member Campbell, and seconded by Member Whitfield to nominate and appoint Member Norton as Vice Chairman. The motion carried by a vote of 3 - 0. 4. Z03-12 Brumlow Properties Public hearing to discuss and consider making a recommendation to the City Council concerning a rezoning request to rezone Lot A 138, Tract 2C, Hamilton Bennett Survey Addition, 7520 Baker Blvd., from Multistory Commercial District (C-3) to Light Industrial District (I-1). Matt Shaffstall, Economic Development at this time gave a staff report on the property and the tenant (TruGreen); he explained that we have been working on this for the last couple of months. The property has two different zoning, the front being C-3 and the rear of the property being I-1. The owner has not been able to find a tenant due to this problem. The owner and the tenant have asked for the zoning to be changed. TruGreen does their own oil changes on all of their fleet vehicles and their mowers on site and they have to be able to continue PAGE 1 OF 4 \\CRHFILI\PCD$\BOARDB\PLwNNINGANDZONIN6COMM18810N\MINlJTEB•2012\03-OS-12 Corrected Minutes.docx :~~~. CITY OF RICHLAND HILLS, TEXAS -~~~A,vv PLANNING AND COMMUNITY DEVELOPMENT DEPARTMf;NT doing that. The property owner has continued to lose money on this location due to the current zoning. The owner and the future tenant have asked the Board to change the zoning for that reason. Chairman Whitfield wanted to know if this was legal to do spot zoning. The City Attorney stated that it was legal to change the zoning and for this property to be spot zoned. Member Campbell wanted to know if this would fall under the spot zoning, as she was concerned for the future use of this property. She also wanted to know about the Comprehensive Plan and how would this affect the Baker Boulevard corridor since it was designed for retail. She asked if TruGreen could do their oil changes at another location. Matt Shaffstall explained that changing the oil for their fleet vehicles would be a deal breaker if TruGreen could not do that at this location. He explained that we were not able to find a C-3 user for this property and that the C-3 zoning is not working for this location. He stated that it was difficult for the property owner to lease the building due to the zoning and that it had not been occupied since 2009. The owner has also stated that the parking for this building has also created a problem for him. Matt Shaffstall explained the City's Comprehensive Plan and what was in place at this time and that it needed to be updated. Chairman Whitfield opened up the Public hearing. The owner stated that he came to the City to try and work with Denice Thomas regarding this property. He stated every potential buyer and tenant was denied. He felt she was not working with him. Brumlow Properties purchased the property in 2008 and has had the property burglarized and vandalized. He felt like the City never gave him an open door to do anything with the property. The property has been deteriorating and losing money. He would like to be able to lease this building and make the property look nice at the same time. He stated if the properly was zoned I-1 he could have leased it out to about fifty different tenants, but there was no help from the Director. The zoning and the parking lot has eliminated many tenants. The property is ideal for any service company at this location. Chairman Whitfield closed the Public hearing. Member Campbell asked if this is really what we want people to see as they enter into Richland Hills. Chairman Whitfield stated he was for bringing development to the City. Member Baker stated he was for bringing development to the City as well. PAGE 2 OF 4 \\CRFIFILI\PCD$\BOARDS\PLANNIN6ANDZONINCiCOMMISSION\MINUTE3.2012\03-OS-12 Corrected Minutes.docx :~~~. C[TY OF RICHLAND HILLS, TEXAS PLANNING AND CQMMUNITY DEVELOPMENT DEPARTMENT Member Baker made a motion to rezone the property, and seconded by Chairman Whitfield. The motion carried by a vote of 2 - 1, with Member Campbell voting No 5. RP 02-12 Buyers Barricade Public hearing to discuss and consider making a recommendation to the City Council concerning a request for approval of a replat for the property located at Block 86, Lots 3R1, 3R2, 3R3 and 3R4 of the Richland Hills Addition to the City of Richland Hills, which property is generally located at the northeast corner of intersection of Norton and Baker Blvd. The applicant's request is for these four lots to be combined into one lot to be designated "lot 3R-iR". Matt Shaffstall, Economic Development gave a staff report and explained that the replat met all of the requirements and that the utility companies were notified regarding the replat. There were no comments against the replat from the utility companies. Chairman Whitfield opened the Public hearing. No one came forth to speak. Chairman Whitfield closed the Public hearing. Member Baker made a motion, and seconded by Chairman Whitfield, to approve the replat as requested. The motion carried by a vote of 3 - 0. 6. Consider and discuss recommendation to the City Council to require an expiration date for Special Use Permits and to clarify the length of time a special use permit is valid before construction must begin on a project and/or before a Certificate of Occupancy may be issued. The attorney explained the reason was to for a time limit, people motivated to do what they say they will do regarding building permits and to give them a timeline. Member Campbell made a motion to limit the Special Use Permit to six months unless construction began before that date or the C.O. issued. Also, that the SUP would expire after two years, the motion was seconded by Chairman Whitfield. PAGE 3 OP' 4 \\CRIiF1L1\PCD$\BOARDS\PLANNIN6ANDZONIN6COIdWns810N\MINUTES-2012\03-OS-12 Corrected Minutes.docx :~~~. C[TY OF RICHLAND HILLS, TEXAS PLANNING ANtJ COMMUNITY DEVELOPMENT DEPARTMENT The motion carried by a vote of 3 - 0. 7. WORKSHOP ITEM Chairman Whitfield explained that work that was done on the Land Use Table, and tonight was for discussion. Member Baker stated that he thought this item was permanently tabled until we can determine an appropriate status. The attorney stated that this can never be permanently tabled due to regulations. Chairman Whitfield would like a workshop to be done on this item. Member Campbell made a motion to table until a workshop could take place, Member Baker, seconded the motion. The motion carried by a vote 3 - 0. 8. Executive session with attorney to discuss legal question regarding the operation of the P & Z. 9. SET THE DATE AND TIME OF THE NEXT COMMISSION MEETING Next meeting of the Planning and Zoning Commission will be scheduled for Monday, April 2, 2012, at 6:30 p.m. in the Council Chambers at City Hall. 10. AD70URNMENT There being no further business to come before the Commission, Member Whitfield made a motion, seconded by Member Baker, to adjourn at 7:23 p.m. ATTEST: Planning and Zoning Commission Chairman PAGE 4 OF 4 \\CRtIFIL1 \PCD$\BoweDS\PLANNIN(i AND ZONING COMMISSIONVNINUTES - 2012\03-OS-12 Corrected Minutes.docx :~3 ~~: CITY OF RICHLAND HILLS, TEXAS ~ti~ANt3`~``yv PLANNING AND COMMUNITY DEVELOPMENT DEPARTMEhtT CITY OF RICHLAND HILLS PLANNING & ZONING COMMISSION REGULAR MEETING MINUTES 7ANUARY 9, 2012 1. CALL TO ORDER a. 6:30 p.m. b. Attendees i. Members Present -Whitfield, Baker, Norton ii. Members Absent - Skier, City Attorney- Steve Wood iii. Staff -Karla Wright, Secretary 2. ROLL CALL AND DETERMINATION OF A QUORUM 3. APPROVAL OF THE SEPTEMBER 12, 2011, MINUTES September 12, 2011, Minutes were already approved. 4. APPROVAL OF THE OCTOBER 3, 2011, MINUTES October 3, 2011, Minutes were already approved. 5. APPROVAL OF THE OCTOBER 27, 2011 MINUTES A motion was made by Member Norton, and seconded by Member Baker to approve the October 27, 2011 minutes with the correction made. The motion carried by a vote of 3 - 0 6. APPROVAL OF THE NOVEMBER 7, 2011 MINUTES The meeting was cancelled, no minutes. 7. WORKSHOP ITEMS Member Whitfield asked Denice Thomas to put this item on the agenda before he knew she would not be able to attend the meeting. Member Whitfield PAGE 1 OR 2 T:\BOARDS\P1.1,NNING AND ZONING COMMISSION\MINUTES - 2012\01-09.12.DOpc :~~~* CITY OF RICHLAND HILLS, TEXAS PLANNING AND G(JMMUNITY DEVELeJPMENT DEPARTMENT explained to Member Baker the work the Board had been doing for the Lane Use Tables and the business and residential parking restrictions. Member Whitfield would like it noted at this time that the table is out dated, would like for the Board to look at bringing the table into the 21St century and would like to talk about new business and the restrictions that the table has. The Board would like it noted that since Denice Thomas and the City Attorney was not present that this item be tabled until the next meeting. Member Norton stated at this time he would like all the work that the Board has done on this table, he would like to see it finished. Member Whitfield would like to discuss and finish the work on business and residential parking issues as well. 8. Executive session with attorney to discuss legal question regarding the operation of the P & Z. The City Attorney was not present 9. SET THE DATE AND TIME OF THE NEXT COMMISSION MEETING Next meeting of the Planning and Zoning Commission will be scheduled for Monday, February, 6, 2012, at 6:30 p.m. in the Council Chambers at City Hall. 10. AD70URNMENT There being no further business to come before the Commission, Member Whitfield made a motion, seconded by Member Baker, to adjourn at 6:50 p.m. ATTEST: Planning and Zoning Commission Chairman PAGE 2 OF 2 T:\BOARDS\PLANNING AND ZONING COMMISSION\MINUTES • 2012\O 1-09~ 12.DOpC