11.20.1986 PZ MinutesPage 218
Regular Meeting Planning and Zoning Commission
November 20, 1986
Bill Cromer called the meeting to order at 7:30 p.m.
Members present were Glynn Cavasos, Pat Turner, Bill Cromer, Mike McCarty,
Joe Moniz and John Gregory.
Staff in attendance were Ted Rowe, Danny Thomas and Linda Jones.
The minutes of October 23 and November 6, 1986 were approved as submitted.
I. Mr. Norman Lassetter requested a zoning change on a portion of
Tract 3H1, J. B. Renfro Survey, Abstract 1260, containing approxi-
mately two (2) acres of land located on Sublett Road. Mr. Lassetter
stated that a street would connect to Mansfield Cardinal Road so
that all the traffic would not be generated onto Sublett Road.
Subject property is presently zoned "A" Single Family District and
requires a "E" Commercial District to accommodate a funeral home.
Mr. Lassetter was informed that rezoning one tract of land is called
spot zoning and that it is illegal. The zoning code does not list
cemetery's and the cemetery existed when the property was designated
as "A" Single Family District.
Motion was made by Pat Turner, seconded by Mike McCarty, to set a
public hearing for December 18, 1986 to create a new zoning to be
designated as "E -1" Commercial District and assign the zoning to
all the Emerald Hills Memorial Park Cemetery, containing approxi-
mately 47 acres of land. Motion carried without opposition.
II. Don Driver, City Attorney, informed the Commission on problems in
zoning and platting.
1. The P & Z must comply with the open meeting act.
2. It is a criminal offense to circumvent the open meeting act.
3. It is improper to discuss items on the agenda before a meeting.
4. A quorum is required for voting on an item, but not required to
hold a meeting.
5. You do not have to vote the same day a public hearing is held.
6. A member who does not attend the public hearing can vote.
7. The P & Z can establish their own guidelines on procedures for
meetings.
8. Public hearings are required for zoning changes or changing an
ordinance.
Page 219
Page 2
II. Continued
9. Public hearings require notification to property owners within
200' of subject property.
10. P & Z and Council can hold a joint public hearing.
11. P & Z can initiate a zoning change.
12. P & Z makes recanmendations to Council on zoning changes.
Council makes the final decision on zoning.
13. P & Z does not have to act on a request for zoning change from
a property owner.
14. P & Z has to act on a zoning request from Council.
15. A city can refuse a building permit when a zoning change is in
process.
16. Spot zoning is a small area singled out for different treatment
from the area around it.
17. Spot zoning is illegal.
18. A special exception is granted if the use is still in accordance
with general policy of the district.
19. A variance is a hardship where the property cannot be used for
the designated zoning.
20. The Council (acting as the Board of Adjustments) grants special
exceptions and variances.
21. Annexation and zoning hearings can be held and acted upon at
the same time.
22. Grandfather clauses is a nonconforming use and can continue
under certain conditions.
23. Preliminary plats must be approved or disapproved within 30 days.
If not acted upon within 30 days they are automatically approved.
24. A preliminary plat can be conditionally approved.
25. Final plats must be approved within 30 days and cannot be con-
ditionally approved.
26. A public hearing is required to vacate or replat an area.
27. A public hearing is not required to correct errors on a plat.
III. Consideration of overlay zoning on Little School Road. Gary Cooper
informed the Commission that a committee had been formed to produce
an alternate plan for zoning and requested the Commission :to:_table
this item for further study.
After lengthy discussion, motion was made by Pat Turner, seconded
by John Gregory, to place a moratorium on building permits for 120
days on Little School Road and apply the overlay zoning to Wil-
liamsburg Square. Motion carried.
Page 220
Page 3
III. Continued
Then motion was made by Pat Turner, seconded by John Gregory, to
hold a public hearing December 15, 1986, 7:00 p.m. to consider the
overlay zoning on property from the "S" curve south to West Sublett
on the west side of Little School Road and from the "S" curve south
to East Sublett for a distance of 500' or following the property
lines. Motion carried with none opposed.
There being no further business, motion was made by John Gregory,
seconded by Joe Moniz, to adjourn the meeting. Motion carried.
Meeting adjourned at 9:30 p.m.
Bill Cromer
Chairman
Attest: Approved 1,3h 5 / 7
//1‘ 46c,
Linda Jones, Secretary
Planning and Zoning