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HomeMy WebLinkAboutPZ 1983-08-25 Minutes . . . ~ MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS AUGUST 25, 1983 CALL TO ORDER The meeting was called to order by the Chairman, George Tucker, at 7:38 P. M. ROLL CALL PRESENT: CHAIRMAN SECRETARY MEMBERS George Tucker Marjorie Nash Don Bowen Mark Hannon Richard Davis Allen Bronstad Wanda Calvert COUNCILMAN ASST. DIR. PW/U P & Z COORDINATOR ABSENT: MEMBER ALT. MEMBER Mark Wood John Schwinger CONSIDERATION OF THE MINUTES OF JULY 28, 1983 Ms. Nash said on the last page under the case number, it should read "Denied " Ms. Nash made the motion to approve the minutes with this correction. This motion was seconded by Mr. Bowen and the motion carried 3-0. Chairman Tucker abstained since he was not present at the meeting. Mr. Hannon made the motion to move item #14 to the front of the agenda. This motion was seconded by Mr. Bowen and the motion carried 4-0. Chairman Tucker asked if there was anyone present to present this request. There was no one. Mr. Hannon made the motion to reestablish this item as #14 and continue with the present agenda. This motion was seconded by Ms. Nash and the motion carried 4-0. ~ Page 2 P & Z Minutes August 25, 1983 . 1. PS 83-77 Request of Quadrangle Development Company for preliminary plat of Century Oaks Addition. Walter Elliott with Elliott and Hughes Engineers came forward to represent Quadrangle Development. He said the President, Mr. William E. Pastuer, was present to answer any questions. Mr. Elliott said they had submitted preliminary plans on the total development located at Starnes Road and Smithfield-Keller Road, but they only plan to develop the single family residences at this time. Mr. Elliott said they felt this development would be an asset to the City of North Richland Hills. He said they had received the City Engineer's letter and have responded to his comments. . Mr. Bowen asked what their intentions were on item #3 regarding Hightower Drive. Mr. Elliott said he met with Mr. Riddle prior to submitting this plat and it was his desire for them to construct an 18 foot wide street with a two foot curb for that section. He said they would rather the city participate in building the entire street, but since Mr. Riddle felt the city could not afford to, they will put in their half of the street. Mr. Elliott said the road would be a two lane road as wide as the present county road. Mr. Elliott said they would escrow the money for their portion of Starnes Road and Smithfield-Keller Road. . Mr. Hannon said in regard to item #2, the city does not have an official adopted Master Plan and since the other property along Hightower was platted for a 60 foot street, he feels they should go ahead and require a 60 foot R.O.W. and if and when the city ~ Page 3 P & Z Minutes August 25, 1983 . felt they needed a wider street, they could come back and request additional R.O.W. at that time or reduce the parkway. Councilman Davis said there was some discussion earlier about allowing them to go ahead and put in the curb where the ultimate 48 foot street would be and instead of having a 10 foot parkway, they would have a 6 foot parkway; that way the curb would not have to be moved. Mr. Elliott said that would be agreeable with them. Mr. Bronstad said he and Mr. Elliott had already discussed this and it would be good to approve this request subject to this agreement at the time of final plat. . Mr. Elliott said they would be happy to do that and to dedicate the needed easements. Chairman Tucker said there was an additional comment that needed to be addressed, the name of the addition. He said he had no problem with leaving it named Century Oaks Addition. Mr. Hannon asked Mrs. Calvert if it would cause problems for the staff. Mrs. Calvert said it would not cause any problems with this size of addition, but if it was just a few lots, we would rather not have it named different from the addition adjacent to it. PS 83-77 APPROVED Mr. Hannon made the motion to approve PS 83-77 subject to the Engineer's comments with the exception of items 1 & 2 and with the stipulation that prior to any submittal of a final plat on the section which no preliminary construction plans were submitted, that the preliminary construction plans be submitted for review and . . . . ~ Page 4 p & Z Minutes August 25, 1983 approved by the City Engineer as a completing step of approval of the preliminary plat. This motion was seconded by Ms. Nash and the motion carried 4-0. 2. PS 83-78 Request of Penny Patterson for preliminary plat of Lot 1, Block 5, Hewitt Estates. Jackey Fluitt with Stembridge and Associates came forward to represent Ms. Patterson. He said they had received the City Engineer's letter and they take no exception to any of the comments except the last item regarding fire coverage. Mr. Fluitt said they are willing to pay the pro rata, but the nearest 6 inch water line is approximately 800 feet away and would be a very large expense for just one house. Chairman Tucker asked if the City Engineer was requiring a fire hydrant or just commenting that they need one. Mr. Bronstad said when they only have a 6 inch line, the City Engineer only makes the comment. PS 83-78 APPROVED Ms. Nash made the motion to approve PS 83-78 subject to the Engineer's comments. This motion was seconded by Mr. Bowen and the motion carried 4-0. 3. PS 83-80 Request of Cross Roads Development Company for replat of Blocks 7R & 9R, Snow Heights North Addition. Jackey Fluitt with Stembridge and Associates came forward to represent Cross Roads Development Company. He stated they only needed this replat to change the building lines from 30 feet to 25 feet. Mr. Fluitt said they had received the City Engineer's letter and take no exception to the comments. PS 83-80 APPROVED Mr. Bowen made the motion to approve PS 83-80 subject to the Engineer's comments. This motion was seconded by Ms. Nash and the motion carried 4-0. ~ Page 5 P & Z Minutes August 25, 1983 . 4. PS 83-81 Request of Sabine Valley Industries for preliminary plat of Richfield Subdivision. John Barnett with Carter and Burgess Engineers came forward to represent Sabine Valley Industries. He stated they had received the City Engineer's comments and take no exception to them. Mr. Bronstad stated they would be required to oversize the line along Chapman Road. Mr. Barnett said they have no objection to this if they could get with the City Staff and agree to the terms. . Mr. Bowen said there are some building lines on some corner lots that have an off-set which our ordinance does not allow. He stated there were 6 lots which have the off-sets. Mr. Barnett said they would correct this. Mr. Hannon said since this preliminary plat does not show any street names, they should get with the fire department for approval. Mrs. Calvert said if they would provide her with the street names, she would check to see if they were acceptable. PS 83-81 APPROVED Mr. Hannon made the motion to approve PS 83-81 subject to the Engineer's comments. This motion was seconded by Ms. Nash and the motion carried 4-0. Chairman Tucker stated they would hear the next two requests together. 5. PS 83-82 Request of David Sauerwein & Gina Potter for preliminary plat of Lot 2, Block 1, Coulson Addition. . 6. PS 83-83 Request of David Sauerwein & Gina Potter for final plat of Lot 2, Block 1, Coulson Addition. . . . ~ Page 6 P & Z Minutes August 25, 1983 Owen D. Long, Consulting Engineer, came forward to represent Mr. Sauerwein and Ms. Potter. He said they had received the City Engineer's letter and have made the correction requested in item #1; #2, the drainage will be sheet flow, they are just platting for one single family house which will be built on the top of a hill. Mr. Long stated there was a water main in the street, but there is no off-site sewer; the sewer is 600 to 700 feet away, so they will have a septic tank. He said they will provide the city with an approved perc test. Mr. Bronstad asked if this was the old Teehee property. . I Mr. Sauerwein said it was. Mr. Bronstad said the pro rata and water tap had already been paid. PS 83-82 APPROVED Ms. Nash made the motion to approve PS 83-82 subject to the Engineer's comments with the exception of items #3 & 4. This motion was seconded by Mr. Bowen and the motion carried 4-0. PS 83-83 APPROVED Mr. Bowen made the motion to approve PS 83-83 subject to the Engineer's comments with the exception of items #3 & 4. This motion was seconded by Mr. Hannon and the motion carried 4-0. Chairman Tucker asked if the representative for item #14 was present. Steve McCullum stated he was. Mr. Hannon made the motion to hear item #14 at this time since there were several in the audience for this case. This motion was seconded by Mr. Bowen and the motion carried 4-0. ~ Page 7 P & Z Minutes August 25, 1983 . 14. PZ 83-53 Request of Better Living Corporation to rezone Lots 4 thru 19, 46 thru 54, and 57, Block 8, Windcrest Addition, from their present classification of IF-9-1600-0ne Family Dwellings to a proposed classification of IF-9-1400 One Family Dwellings. These lots are located on the eastern boundary of Windcrest Addition from Hightower Drive to Woodbend Park Road. Chairman Tucker opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Steve McCollum with Better Living Corporation came forward. He said he represents the owner of this property, Nowlin Mortgage. . Mr. McCollum stated when this property was originally zoned, Ordinance #477, in 1973, all the lots were zoned for 1400 square feet houses with the exception of the lots on the eastern boundary which were zoned for 1600 square feet homes. He said he guessed it was to create a boundary for the homes on Douglas Lane. Mr. McCollum said they are requesting to change the 1600 square feet to 1400 square feet homes in compliance with their building program in Windcrest Addition. He stated they would install a screening fence which would be completed right away prior to building the houses. Chairman Tucker called for anyone else wishing to speak in favor of this request to please come forward. . Chairman Tucker stated the Commission has a petition signed by 15 of the 26 property owners contacted within 200 feet which, if this case is approved, would require a 3/4 majority vote of the City Council to approve the request. ~ Page 8 P & Z Minutes August 25, 1983 . Chairman Tucker called for those wishing to speak in opposition to this request to please come forward. Frank Ayers, 7129 Douglas Lane, came forward. He stated he and others present are in opposition to this zoning change. Mr. Ayers stated the homes on Douglas Lane range from 1800 square feet to 4,000 square feet. He said originally they were told this property was zoned for a minimum of 1600 square feet homes and they feel it should stay 1600 square feet. Chairman Tucker asked Mr. Ayers if he knew how many had moved there since this ordinance was passed. Mr. Ayers said he did not know. Mr. Bowen asked Mr. Ayers if putting up the screening fence would make a difference. . Mr. Ayers said it would not, they still feel it should stay 1600 square feet. Thomas Dixon, 7025 Windhaven Road, came forward. He stated he moved to this area in January of this year and was told that all the homes in Windcrest were to be 1600 square feet. Mr. Dixon said he was against this zoning change. Chairman Tucker called for anyone else wishing to speak to please come forward. There being no one wishing to speak, the Chairman closed the Public Hearing. . Mr. Hannon stated this Commission has to decide what is the appropriate house size for this city and although this Commission feels the need to go to smaller houses in this city, he feels the city had an agreement with these property owners and this Commission is obligated to honor that agreement at this time. ~ Page 9 P & Z Minutes August 25, 1983 . Ms. Nash said she supports Mr. Hannon's statements. PZ 83-53 DENIED Mr. Hannon made the motion to deny PZ 83-53. This motion was seconded by Ms. Nash and the motion to deny carried 4-0. RECESS Chairman Tucker called a recess at 8:20 P. M. BACK TO ORDER Chairman Tucker called the meeting back to order at 8:30 P. M. with the same members present. 7. PS 83-84 Request of Foster Financial Service, Inc. for final plat of Foster Village Addition, Section 11. . Owen D. Long came forward to represent Foster Financial. He stated they have a copy of the City Engineer's letter and would like to say that Mr. Albin was confused in thinking some of this property had not been platted. Mr. Long stated the Commission and City Council has already approved the entire property, but the plats were never recorded due to a drainage problem and some pro rata was not paid. He stated they were not sure if this should have been a replat or a final plat, the only changes were some street alignment. Mr. Long said the drainage problem has been worked out in Morgan Meadows and the city has allowed building to start again. Mr. Bronstad said they paid for the water taps, but did not pay the pro rata. Mr. Long stated he will complete the construction plans prior to construction and requests approval of this plat subject to this. . Mr. Bowen stated that Lots 1 & 5, Block 49, have off-set building lines which our ordinance does not allow on corner lots. ~ Page 10 P & Z Minutes August 25, 1983 . Mr. Long said he would correct this. Mr. Hannon asked when Mr. Long planned to have the construction plans completed. Mr. Long stated it probably would be about two weeks before they would be finished. He said there are only minor changes, but they require a lot of drafting. Mr. Hannon stated they are not supposed to approve a plat without construction plans. Mr. Long stated if they had submitted this as a replat, they would not have been required to have construction plans. . Mrs. Calvert stated if it had been 4 years since the plat was submitted, they would be required to have new engineering. Mr. Long stated the plats were originally submitted in 1979 and 1980. Mr. Hannon said, for the record, the plat is invalid. He read from page 22 of the Subdivision Ordinance which stated it would be valid only if it was filed of record within 180 days. Mr. Long stated the plats would have been filed of record had there not been a drainage problem in Morgan Meadows and the pro rata paid. Ms. Nash stated, nevertheless, there is a time limit. Chairman Tucker stated the Commission has to treat this as a final plat and the City Engineer has not received the construction plans and reviewed them. Mr. Long said Mr. Albin has seen the construction plans, but has forgotten. . . . . ~ Page 11 P & Z Minutes August 25, 1983 Mr. Long asked if this plat could be considered a preliminary plat and allow them to come back in next time with a final plat. Mr. Long said the drainage problem had been solved. He stated they had worked with the city and Marvin Smith, but were unable to obtain the R.O.W. needed in Morgan Meadows, but the city has now obtained the necessary easements and this plat would be valid. Mr. Bowen asked about the letter from Lone Star Gas Company. Mr. Long said they have discussed the easement with Lone Star Gas and have had to pay them a sizeable fee to abandon it. Chairman Tucker asked Mr. Bronstad if the city had construction plans for this plat. Mr. Bronstad said since this plat has been changed, they would have to revise their construction plans and send them to the City Engineer for review. PS 83-84 DENIED Ms. Nash made the motion to deny PS 83-84 without prejudice. This motion was seconded by Mr. Bowen and the motion for denial carried 4-0. 8. PS 83-85 Request of Donald Pentecost for preliminary plat of Holiday North Addition, Section 11. Ernest Hedgcoth, Consulting Engineer, came forward to represent Mr. Pentecost. He stated they had received the City Engineer's comments and will comply with them. Mr. Bowen asked Mr. Bronstad about the error in item #8 of the Engineer's letter. ~ Page 12 P & Z Minutes August 25, 1983 . Mr. Bronstad said the City Engineer said they would be required to pay the pro rata for the existing 12 inch line in Holiday Lane, but there is no existing line, the line stops at the last street in Holiday West Addition. Mr. Hedgcoth said they will pay the pro rata. Mr. Bronstad said they will have to install the 12 inch line and the city will participate in the over sizing. He also stated the existing sewer line had been cut off and would have to be reopened. Mr. Hannon said that items 8 & 9 need to be changed. Mr. Bronstad said that was correct. . Mr. Hedgcoth said they will get with the city staff and do what is necessary. Mr. Hannon said they would have to convince the City Engineer that their calculations were correct. Mr. Hedgcoth said he had discussed this with the City Engineer and had addressed it in a letter for the next case. He said the City Engineer agreed that he was correct. PS 83-85 APPROVED Mr. Hannon made the motion to approve PS 83-85 subject to the Engineer's comments with a clarification of item #8 which should say that the developer be required to extend the 12 inch line on Holiday Lane and item #9 be deleted and replaced with a requirement that they be required to pay the pro rata share of the existing 18 inch sewer main in Holiday Lane. This motion was seconded by Mr. Bowen and the motion carried 4-0. . . . . ~ Page 13 P & Z Minutes August 25, 1983 9. PS 83-86 Request of C.T. Beckham for final plat of Holiday North Addition, Section 10. Ernest Hedgcoth, Consulting Engineer, came forward to represent Mr. Beckham. He said they had received the City Engineer's comments and have addressed them in a letter. Mr. Hedgcoth said in regard to item #6, he has discussed this with the City Engineer and he agreed to it. Chairman Tucker asked if he had public access to all this property. Mr. Hedgcoth said he will have access to the back portion when Holiday North Addition, Section 7 is developed to the north of this property. He said they could build a bridge over the drainage ditch if necessary, but would rather wait. He said Todd Drive would have access to Circle Drive when it is developed. Mr. Hannon asked if Todd Drive was platted. Mr. Hedgcoth said it was in Holiday North, Section 7 and his client requested he plat Todd Drive also on his plat to facilitate the sale of his property to a client who is interested in purchasing Sections 7 and 10. Mr. Hannon asked where the dividing line was for Lots 2 and 3. Mr. Hedgcoth said they just need to make it Lot 2. He said the preliminary showed Lots 2 and 3 with a cuI de sac that touched the south line of the property, but his client wanted it changed so they will just have it all in Lot 2. Mr. Hannon said he would need to show where the lot lines go on both Lots 1 and 2 and also show the monuments. ~ Page 14 p & Z Minutes August 25, 1983 . Mr. Hannon said he felt it should be put on the plat that no building permit be issued on the back portion of this property until proper access is made. Mr. Hedgcoth said that would be agreeable. Mr. Hedgcoth said they had been working with TESCO to use their right of way for parking. Mr. Bowen said item #3 of the City Engineer's letter stated the 6 inch line in Todd Drive should be increased to an 8 inch line and be extended westward from Todd Drive to Holiday Lane and connect, but Mr. Hedgcoth has requested the city pay for it. He asked Mr. Bronstad if the city would pay this. . Mr. Bronstad said the city would not. Mr. Hedgcoth said they would extend the line. Councilman Davis asked why the Subdivision Ordinance requires him to do that. Mr. Bronstad said the city has to update its lines to service Multi-Family and Local Retail zoned property. Councilman Davis said he could not see why Mr. Beckham would be required to connect the two lots when he has a 12 inch line in Holiday Lane and an 8 inch line to serve Lot 2. He said it looks like if he could provide adequate fire protection, he would not have to connect the two lines. . Mr. Bronstad said there is only a 6 inch line coming in from Circle Drive and we have to have a minimum of an 8 inch line. ~ Page 15 P & Z Minutes August 25, 1983 . Councilman Davis said he understands now. PS 83-86 APPROVED Mr. Hannon made the motion to approve PS 83-86 subject to the Engineer's comments, subject further to the plat being held by the Staff until such time as it has been modified to show the monuments and the bearings of distances on lot lines and subject to a notation shown on the face of the plat that no building permits be issued for Lot 2 until such time as paved access is provided for Lot 2 from Todd Drive. This motion was seconded by Mr. Bowen and the motion carried 4-0. 10. PS 83-87 Request of Steve Simpson Builders, Inc. for replat of Lots IB-R and lC, Block 9, Irish Meadows Addition. . Chairman Tucker said since this is a replat in single family zoning, they are required by law to have a Public Hearing. He opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Tom Vogt, Engineer, came forward to represent Mr. Simpson. He said they had received the City Engineer's letter and have made all the additions he requested. Mr. Bronstad stated there will have to be an extension of the sewer line to serve Lot lC and an additional water tap will be needed to serve it. Mr. Bowen asked Mrs. Calvert about the IF-7 zoning classification which we no longer have. He asked if they would have to have a zoning change. Mrs. Calvert said they should have a zoning change, but the city has been just requiring them to conform to the 1F-8 zoning classification. . ~ Page 16 P & Z Minutes August 25, 1983 . Mr. Vogt said the lots are plenty large for the IF-8 requirement. Chairman Tucker called for anyone wishing to speak in opposition to this replat to please come forward. There being no one wishing to speak, the Chairman closed the Public Hearing. PS 83-87 APPROVED Mr. Bowen made the motion to approve PS 83-87 subject to the Engineer's comments. This motion was seconded by Ms. Nash and the motion carried 4-0. 11. PS 83-88 Request of Cross Roads Development Company for replat of Block 5, Industrial Park Addition. . Jackey Fluitt with Stembridge and Associates came forward to represent Cross Roads Development Company. He said they have received the City Engineer's letter and take no exception to the comments. PS 83-88 APPROVED Mr. Bowen made the motion to approve PS 83-88 subject to the Engineer's comments. This motion was seconded by Mr. Hannon and the motion carried 4-0. 12. PS 83-89 Request of Mary Darling & G.C. Freeby for replat of Lot 3R, Block 1, Valley Park Estates. Chairman Tucker said since this is a replat in single family zoning, they must have a Public Hearing. He opened the Public Hearing and called for those wishing to speak in favor of this replat to please come forward. Mary Darling came forward. She said they are requesting to replat two lots into one lot. Ms. Darling said they had received the City Engineer's comments and have made the necessary changes. . ~ Page 17 P & Z Minutes August 25, 1983 . Chairman Tucker called for those wishing to speak in opposition to this replat to please come forward. There being no one wishing to speak, the Chairman closed the Public Hearing. PS 83-89 APPROVED Ms. Nash made the motion to approve PS 83-89 subject to the Engineer's comments. This motion was seconded by Mr. Bowen and the motion carried 4-0. 13. PZ 83-52 Request of Muhsen Shabout to rezone a portion of Lot 2, Block 11, Emerald Hills Addition, from its present classification of IF-7-0ne Family Dwellings to a proposed classification of Local Retail. This property is located on the east side of Davis Boulevard and is bounded on the south by the YMCA. . Jack Roseberry came forward to represent Mr. Shabout. He said Mr. Shabout has been a resident of North Richland Hills for 18 months and he now desires to build something nice on this property. Mr. Roseberry said Mr. Thompson with YMCA and a representative of Henry S. Miller Company are here to answer any questions the Commission might have. Mr. Bowen asked if Mr. Shabout had any plans for the property. Mr. Roseberry said if it is economically feasible, Mr. Shabout would like to put a Day Care Center on the back portion of this property. Arthur Thompson with YMCA came forward. He said they are in favor of this zoning change. Chairman Tucker called for those wishing to speak in opposition to this request to please come forward. . ~ Page 18 P & Z Minutes August 25, 1983 . Mrs. Calvert stated she had received a letter from Mrs. Frances Ballew, 7812 Emerald Hills Way, who is against this zoning request and feels it should stay zoned for single family dwellings. Chairman Tucker closed the Public Hearing. Mr. Bowen said he does not feel property on Davis Boulevard should stay single family and he believes Local Retail is the logical zoning classification for this property. PZ 83-52 APPROVED Mr. Bowen made the motion to approve PZ 83-52. This motion was seconded by Ms. Nash and the motion carried 4-0. 15. PZ 83-54 Request of M & W Investments to rezone a portion of Tract 4, T. Akers Survey, Abstract 19, from its present classification of Agriculture to a proposed classification of Industrial. This property is located on the railroad property on the north side of Northeast Loop 820. . Chairman Tucker opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Kirk Nance with M & W Investments came forward. He said they are requesting Industrial zoning since there is a large tract adjacent to this property that is zoned Industrial. Mr. Nance said they want to put up a billboard on the railroad property which had not been zoned. Mr. Hannon said their description shows they are requesting to go out to the center line of the Freeway. . Mr. Nance said that was the metes and bounds given them by the railroad, but they plan to put the billboard on the railroad property. . . . ~ Page 19 p & Z Minutes August 25, 1983 Mr. Hannon asked how and where do they plan to put the sign. Mr. Nance said the sign would require about 12 feet and they plan to put it close to the eastern line. He said the railroad has a 100 foot wide right of way. Mr. Hannon asked what size sign were they planning to put up. Mr. Nance said it would be 14 feet by 48 feet and 50 feet high. Councilman Davis said they need to take into consideration that they would also be required to plat the property and would be required to meet the Industrial zoning requirements. Chairman Tucker said platting has nothing to do with a zoning request. Chairman Davis said the City Council just had a request to put up a billboard and the City Council postponed it because the property had to be platted. Chairman Tucker called for those wishing to speak in opposition to this request to please come forward. There being no one wishing to speak, the Chairman closed the Public Hearing. PZ 83-54 DENIED Mr. Hannon made the motion to approve PZ 83-54 with the stipulation they provide the City Staff with a revised plat. This motion was seconded by Chairman Tucker. The motion 'failed by a vote of 2-2 with Mr. Bowen and Ms. Nash voting against approval. The request failed to pass for a lack of a majority vote. ~ Page 20 P & Z Minutes August 25, 1983 . 16. PZ 83-55 Request of Roger Williams to rezone Tract lC, J.M. Crockett Survey, Abstract 273, from its present classification of Agriculture to a proposed classification of IF-9-1300. This property is located at 6808 Smithfield Road. Chairman Tucker opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Jackey Fluitt with Stembridge and Associates came forward to represent Mr. Williams. He stated that Mr. Williams wants to remodel his house and was told he had to zone and plat his property before he could obtain a building permit. Mr. Hannon asked if his house would meet IF-9 zoning. . Mr. Fluitt said it does not now, but it should when Mr. Williams remodels it. Chairman Tucker called for those wishing to speak in opposition to this request to please come forward. There being no one wishing to speak, the Chairman closed the Public Hearing. PZ 83-55 APPROVED Mr. Bowen made the motion to approve PZ 83-55. This motion was seconded by Ms. Nash and the motion carried 4-0. 17. PS 83-79 Request of Roger Williams for Short Form Plat of Lot 2, Block 2, Smithfield Addition. Mr. Fluitt came forward. He said this is just one lot with an existing house on it. Mr. Fluitt said they had received the City Engineer's letter and take no exception to the comments. . PS 83-79 APPROVED Ms. Nash made the motion to approve PS 83-79 subject to the Engineer's comments. This motion was seconded by Mr. Bowen and the motion carried 4-0. Page 21 P & Z Minutes August 25, 1983 . 18. CONSIDERATION OF AN AMENDMENT TO ZONING ORDINANCE #179 APPROVED RECESS BACK TO ORDER . . ~ Chairman Tucker stated there were copies available for the audience to read. Chairman Tucker called a recess at 9:38 P. M. to allow time to read the amendment. Chairman Tucker called the meeting back to order at 9:48 P. M. with the same members present. Chairman Tucker opened the Public Hearing and called for those wishing to speak regarding this amendment to the Zoning Ordinance #179 regarding the duties of the Zoning Board of Adjustment to please come forward. Jack Roseberry, Chairman of North Richland Hills Zoning Board of Adjustment, came forward. He stated he has no interest in this except in the office he holds as Chairman. Mr. Roseberry stated he had been on this Board for 9 or 10 years and he would admit when he was first placed on the Board, he did not know a lot about it and it's responsibilities and duties and may have made some poor judgements. Mr. Roseberry said when copies of the new proposed Zoning Ordinances came out and he read the portion regarding the Zoning Board of Adjustment, he felt something was trying to be done that should not be. Mr. Roseberry stated he had done extensive study regarding the Zoning Board of Adjustment. He gave copies of the State Enabling Act to the Board and read from page 206: ~ Page 22 p & Z Minutes August 2S, 1983 . "The Board of Adjustment shall have the following powers: 1. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this Act or of any ordinance adopted pursuant thereto. 2. To hear and decide special exceptions to the terms of the ordinance upon which such Board is required to pass under such ordinance. 3. To authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done." . Mr. Roseberry said #2 has been left out of this new amendment. He said he does not feel the city has the right to take away the power of the Zoning Board of Adjustment that the State has given them. Mr. Roseberry stated the courts rely on the Zoning Board of Adjustment for their decisions and in most cases, they uphold the decision of the Board. He said he has data on SO-60 recent cases in Dallas and Fort Worth where this has happened. Mr. Roseberry gave copies of Hurst Zoning Ordinance regarding their Zoning Board of Adjustment and copies of a newspaper article about the City of Watauga being told by the court to form a Zoning Board of Adjustment. . There was much discussion between the Planning and Zoning Commission and Mr. Roseberry regarding the pros and cons of this amendment. . . . Page 23 p & Z Minutes August 25, 1983 Chairman Tucker closed the Public Hearing. Chairman Tucker said he had requested the City Manager get a legal opinion from the City Attorney regarding this amendment. Chairman Tucker instructed the Commission to consider what has been brought up and the amendment in question, and make a decision that would be good for all concerned. Mr. Hannon made the motion to recommend approval of this amendment to the Zoning Ordinance #179. This motion was seconded by Mr. Bowen and the motion carried 4-0. ADJOURNMENT The meeting adjourned at 10:25 P. 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