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HomeMy WebLinkAboutCC 1984-02-06 Minutes MINUTES OF THE EMERGENCY MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS. TEXAS. HELD IN THE CITY HALL. 7301 NORTHEAST LOOP 820 - FEBRUARY 6. 1984 - 7:30 P.M. 1. Mayor Faram called the meeting to order February 6. 1984 at 7:30 p.m. 2. Dick Faram Jim Ramsey Jim Kenna J.C. Hubbard Dick Fisher Richard Davis Mayor Mayor Pro Tern Councilman Councilman Councilman Councilman Present: Staff : Rodger Line Dennis Horvath Jeanette Moore Rex McEntire Gene Riddle City Manager Assistant City Manager City Secretary City Attorney Director Public Works/Utility Press: Mark England Catherine Woodard Mid Cities Daily News Fort Worth Star Telegram Absent: Marie Hinkle Harold Newman Councilwoman Councilman 3. Mayor Faram stated he had several requests to speak on this item and would take them in order received. Mr. A.T. Cain. 9017 Valley View. appeared before the Council. Mr. Cain stated that originally there were four new homes built in Valley Park Estat·es and the restriction was 1.800 square feet. Mr. Cain stated these homes were built on the assumption that no smaller homes could be built. Mr. Cain stated he was not notified of the zoning change. Mr. Cain stated that when Mrs. Darlding wanted to build a house on two lots on Cain they were notified of the change. Mr. Cain stated that when they found out that houses were being built smaller than the required 1.800 square feet and they were not notified they felt something was trying to be put over on them. Mr. Cain stated that if the smaller homes were allowed to be built he felt their homes would be devaluated because the surrounding property would go down in value. Mr. Cain stated that Mr. Murray went down to where the houses were being built and the builder told him he was building 1.600 square feet houses. Mr. Cain stated that Mr. Murray called the City and an CALL TO ORDER ROLL CALL CONSIDERATION AND ACTION ON ORDINANCE NO. 1086 CORRECTING A CLERICAL ERROR ON THE ZONING MAP OF THE CITY APPROVED ORDINANCE NO. 1086 inspector was sent out. and forty-eight hours later the builder was back at work on the lots. Mr. Cain stated the City was called again and the lady that answered stated she was sorry. but Gene Riddle was her boss and she had to do what he said. Mr. Cain stated it was odd to him that there were only two people that knew anything about it. that being Gene Riddle and the guy building the houses. Mr. Cain stated he had been advised that the zoning change had been published in the newsletter and advertised in the Mid Cities Daily News. Mr. Cain stated he checked the newsletter and did not find it. Mr. Cain stated he did not get the Mid Cities and if the City had anything to publish they should use a major newspaper. Mr. Cain stated that this had left a bitter taste. Mr. Cain stated he called several people and no one knew about it. Mr. Cain stated he also called some of the Council members and they had no idea what was taking place. Mayor Faram stated that what Mr. Cain was referring to was a zoning change and this was a total change to the entire Zoning Ordinance. Mayor Faram stated that to his knowledge it was properly advertised in the official newspaper of the City. which was the Mid-Cities Daily News. Mayor Faram stated that the reason the City used the Mid Cities was because of the tremendous difference in the cost of using the Fort Worth Star Telegram. Mayor Faram stated that no attempt had been made to put anything over on anyone. this was a zoning for the entire City. Mayor Faram stated that it was his impression that there was no attempt to change any zoning up or down. simply updating the Zoning Map and adopting it as part of the overall Zoning Ordinance. Mayor Faram stated he further had the impression that this was a clerical error and he was sorry it had occurred. but that was the reason for the meeting tonight to make sure that the Council felt it was a clerical error or take whatever action was needed to identify whatever the problem was. Mayor Faram stated that if corrective action was needed. take it. Mayor Faram stated that everyone was capable of human error. Mr. Cain stated that he felt if someone did not make a mistake. then they were not doing anything. COUNCILWOMAN HINKLE NOW PRESENT. Councilman Kenna stated that it was not the intent of the Council to downgrade any zoning. particularly residential zoning. with the zoning changes just made. Councilman Kenna stated there was a Lot of changes made. the new Zoning Ordinance was completely different and as the changes were made and the Zoning Map c~rrected apparently the wrong note was placed on the map on what existed on February 6. 1984 Page 2 the property in question tonight. Councilman Kenna stated everyone in the City was notified by the City's official newspaper that the Zoning Ordinance was being rezoned. but there was never any intent to re-do the zoning in Mr. Cain's neighborhood. Mayor Pro Tem Ramsey advised Mr. Cain that he felt the reason he could not find anyone that knew anything about what was going on was because it was a clerical error on the map. Mayor Pro Tem Ramsey stated that it was not the Council's intent to change any zoning. Mr. Mary Enox. 6512 Parkway Ave.. appeared before the Council. Mrs. Enox stated that construction began on two homes in the 6500 Block of Parkway with no permits and she called and notified the City. Mrs. Enox stated that construction was stopped because there were no permits and forty-eight hours later construction began again. Mrs. Enox stated that she was told that Mr. Riddle had issued the building permit. Mrs. Enox stated that the Building Code of the City stated that if a permit was issued in error it was void. Mrs. Enox asked if the permit was issued in error was it void. Mr. McEntire stated that if the permit was issued in error it was indeed void. Councilman Davis stated that the Zoning Ordinance, Section 29. 2.4 stated that issuance of a building permit did not waive any provisions of the Zoning Ordinance or any other City Ordinance. and a permit issued in error would be void ab initio. Mr. Paul Cook, 6263 Basswood, Fort Worth. appeared before the Council. Mr. Cook stated he was a partner with J & P Building Corporation and they had a house at 6516 Parkway that would be completed in about a week. Mr. Cook stated that Article 2.6 of the new Zoning Ordinance stated that replacement of the new Zoning Map corrected drafting or other errors or omissions in the prior Official Zoning Map. but no such corrections shall have the effect of amending the Official Zoning Map. Mr. Cook stated he could understand the builders position on this. but could not understand the City Officials' stand when they were notified of the sub-standard housing. size-wise. Mr. Cook stated the subdivision had no streets. curbs or gutters and problems with septic systems. Mr. Cook stated that at the time he applied for a building permit he had to get his pert test and everything approved by the County. Mr. Cook stated that when the County Agent saw the size of the February 6. 1984 Page 3 Lot he made them stop construction on the house and upgrade the Lot. even though the pert test was good. Mr. Cook stated that from a builders standpoint he would appeal to the Council to take all these things into consideration. Mr. Cook stated he felt 1600 square feet would devalue what was already there. Councilman Davis asked Mr. Cook when he started construc- tion and the size of the house he was building. Mr. Cook stated the house was 1.900 square feet and when he bought the Lot he was told there was an 1.800 square foot restriction. Councilman Davis asked Mr. Cook that if it was his opinion that the houses should be 1.800 square feet. Mr. Cook replied yes. Councilman Kenna stated that Section 2.6 referred to a replacement of the Zoning Map and he did not think what had occurred fell under that category because it was a new Official Zoning Map and not a replacement. Mr. Cook stated that was true. but the reason for the new map was not to change the zoning. Mayor Pro Tern Ramsey stated that the City had been advised late today that the County had turned down the pert test on the lots in question tonight. Mr. Gary Watson, 6520 Parkway. appeared before the Council. Mr. Watson stated he had built his house four years ago and it was 2.300 square feet. Mr. Watson stated he thought he was protected by the Zoning Ordinance and it was a real shock to the people in the area when this all happened. Mr. Watson stated that when he came to the City Hall to check on the houses under construction the people in the Zoning Office knew nothing about it. Mr. Watson stated he was informed there had been no zoning change on the property. Mr. Watson stated the City Inspector knew nothing about the construction. Mr. Watson stated he was told that the man over the office. Gene Riddle. had made a mistake and everyone was sorry. but there was nothing anyone could do about it. Mr. Watson stated as homeowners they were real concerned that the City could do nothing about the situation. Mr. Watson stated it had been very soothing just being able to come down and talk to the Council about the problem. Mrs. Janet Cain. 9017 Valleyview. appeared before the Council. February 6. 1984 Page 4 Mrs. Cain stated that she had lived in the area for thirteen years. Mr. Cain stated her house was one of the older houses in the area and was smaller than 1,800 square feet. Mrs. Cain stated that when she tried to get construction stopped on the lots in question she got no where and did not feel the neighbors should have to suffer for someone's error. Mrs. Cain stated she had talked with Mayor Pro Tem Ramsey several times and appreciated his time and help. Councilman Davis asked if there were five lots in question that someone was trying to get a permit on. Mr. Line stated yes. there was a meeting last week and the builder indicated that he had taken his planning and potential sales to the point that he would be damaged financially on three of the lots if he were not able to continue with the plans. Mr. Line stated it was agreed to give permits on three of the five lots and the builder agreed to build 1.800 square feet or larger on two of the three lots. Mr. Dan Offield of Dan Offield Custom Homes. appeared before the Council. Mr. Offield stated he was the one causing all the flack. but he thought it should be recognized first and be aware to the homeowners that it was not Dan Offield Custom Homes that caused all the flack. it was the City. Mr. Offield stated that in December, 1983. before he purchased the lots. he met with Mr. Riddle about the pro-rata on the water and Mr. Riddle told him there would be no pro-rata. Mr. Offield stated he also asked Mr. Riddle what the new changes were going to be in that sub-division and he said that because of the size of the lots that they did not meet City standards per Lot size for an 1.800 square foot house it was going to be downgraded to 1.600 square feet. Mr. Offield stated he waited to purchase the lots until the Council approved the Zoning Map. which was approved on January 9. 1984. Mr. Offield stated he met with Mr. Riddle after the meeting and he assured him there would be no problem with the 1,600 square feet. after that he secured the lots and proceeded to obtain building permits. Mr. Offield stated he went to the County for the pert test. Mr. Offield stated that Mayor Pro Tern Ramsey had said the permits had been denied by the County. but he was not aware of the denial. Mr. Offield stated that the people were trying to put the monkey on his back and he would like it clarified that the City made the mistake. Mr. Offield stated he had agreed to work with the City as he had not asked to build five 1.600 square foot homes. Mr. Offield stated that on Lot 8. 9 and 10, 1.800 square foot homes would be built. Mr. Offield stated that the forms were set on Lot 11 for a 1.856 square foot home which would be his February 6, 1984 Page 5 personal home. Mr. Offield stated he did the site work before he obtained a permit because Mr. Bill Rice had advised him he could do site work without a permit. Mr. Offield stated he was trying to build good homes that would be compatible with what was already in the area. Mr. Offield stated he had been shut down on Lot 11 on a house that was 1.856 square feet and the house was legal by all the City codes. Mayor Faram asked Mr. Offield what was the smallest plan he had designed. Mr. Offield stated the forms set on Lot 10 was for 1.650 square feet. Mayor Faram asked what the expense would be to add 150 square feet to the house. Mr. Offield stated approximately $40.00 a square foot. Mayor Faram stated that the houses in the area were selling for $47.50 a square foot. Councilwoman Hinkle asked what was set on the five lots. Mr. Offield stated the forms were set, piers drilled and the plumbing was roughed in. Councilman Davis asked Mr. Offield if he had a buyer for Lot 10. Mr. Offield stated no. Councilman Davis asked Mr. Offield when be began construction. Mr. Offield stated he began construction on Monday. Councilman Davis asked when he took out the permit. Mr. Offield stated the letter was signed by Mr. Line on January 31. 1984. Councilman Kenna asked Mr. Offield how many houses he had permits for. Mr. Offield stated he had permits for Lots 10 and 11. Councilman Kenna asked Mr. Offield why he was shut down on Lot 11. Mr. Offield stated he did not know. February 6, 1984 Page 6 Mr. Riddle stated Mr. Offield had been shut down because he did not get an inspection on the steel. Mr. Riddle stated that the County had cancelled the permits on the septic tanks and that revoked the building permit until the problem was cleared with the County. Councilman Davis stated he felt Mr. Offield had done everything he was supposed to but there was a mistake made on the map and it was never the intention of the Council to downgrade any of the residential zoning in the City. Councilman Kenna asked Mr. Offield what he had planned for Lots 8 and 9. Mr. Offield stated that on Lot 9 he planned 1,686 square feet and Lot 8 he planned to have 1,650 square feet. Councilman Kenna asked Mr. Offield if he planned 1,800 square feet for Lot 11 and over 1.800 square feet for Lot 12. Mr. Offield stated that was correct. Councilman Fisher asked Mr. Offield how much work he had done on Lots 9 and 12. Mr. Offield stated he had the dirt work done. Councilman Fisher asked Mr. Offield if he still contented that 1.650 square feet was all he could build on the lots. Mr. Offield stated he had already bid the house at 1,685 square feet. Councilman Fisher asked Mr. Offield if he had proposed 1.650 square feet for Lot 8. Mr. Offield stated he had proposed 1.650 square feet on Lot 8. which was for his partner. Councilman Davis asked Mr. Offield if he had a contract on Lots 8 and 9. Mr. Offield stated he had a verbal contract. Councilman Hubbard moved. seconded by Mayor Pro Tem Ramsey, to approve Ordinance No. 1086. Mayor Faram asked Mr. McEntire if the Ordinance was approved if it would correct what had been judged a clerical error. Mr. McEntire stated yes. February 6. 1984 Page 7 February 6. 1984 Page 8 Councilman Davis stated he wanted the homeowners to know it was not the Council's intent to lower the residential zoning but in fairness to Mr. Offield he would be willing to let him proceed with Lot 10, but lots 8. 9. 11. and 12 would need to be 1.800 or more square feet. Councilman Davis stated he did have a permit for Lot 10. there was some question of whether the permit was issued in error. Councilman Davis stated he did not know if that would be fair or not because the ordinance was very clear that if something was given in error the permit was void. Mr. McEntire stated that was not the problem. the error was on the part of whoever issued the permit and at the time it was given it was not an error. Mr. McEntire stated that if the Council took action on the proposed Ordinance to clear up the Zoning Map. then there was no error involved. Councilman Kenna asked what alternatives could be taken if the Ordinance was approved. Mr. McEntire stated there was problems but felt it could be cleared up. Motion to approve carried 6-0. Mayor Faram adjourned the emergency meeting to executive session. ADJOURNMENT Mayor Faram called the meeting back to order. The same Council and Staff were present as recorded at the beginning of the meeting. BACK TO ORDER Mayor Faram adjourned the February 6. 1984 me ADJOURNMENT ATTEST: I-&Á:.~~ City