Loading...
05/02/2011 MINUTESMINUTES REGULAR MEETING PLANNING AND ZONING COMMISSION CITY OF PARIS - CITY HALL COUNCIL CHAMBERS 107 E. KAUFMAN STREET PARIS, TEXAS MONDAY, MAY 2, 2011 5:30 O'CLOCK P.M. 1. The regular meeting of the Planning and Zoning Commission on Monday, May 2, 2011, was called to order at 5:32 p.m. by Curtis Fendley, Chairman. A. The following members were present: Curtis Fendley, Chairman Benny Plata James Price Richard Hunt Dennis Chalaire B. The following members were absent: Keith Barnett C. Shawn Napier, Director of Engineering, Planning and Development; Elizabeth Flick, Ex- Officio; and Jeanna Scott, City Staff. 2. Approval of minutes from previous meeting. (April 4, 2011) Motion was made by Benny Plata, seconded by James Price to approve the minutes for the April 4, 2011 meeting. Motion carried 4 -0. Dennis Chalaire arrived at 5:36 p.m. 3. Public hearing to provide an opportunity to present comments and written evidence and consideration of and action on recommending to the City Council the adoption ofproposed amendments to the Future Land Use Plan Map as follows: A. That the future land use recommended for the property located on Lot 7, City Block 61, be changed from Low Density Residential to General Retail. Public hearing was declared open a. The following individuals spoke in favor of the petition: Flora Rucker, 624 6th Street N.E., property owner, City Staff read a letter in favor of the petition for property owner who is disabled and unable to attend the Planning and Zoning Commission meeting. b. No one spoke in opposition. Public hearing was declared closed. Motion was made by James Price, seconded by Richard Hunt to approve the change to the Future Land Use Map. Motion carried 5 -0. B. That the future land use recommended for the property located on Lot 4, City Block 294, be changed from Low Density Residential to High density Residential. Public hearing was declared open. a. The following individuals spoke in favor of the petition: Cari Archer, 2364 CR 13500 W, Paris, Texas, power of attorney for Ms. Dora Landers spoke in favor of the petition. Ms. Archer stated that the owner is too sick to be at the meeting. Ms. Landers is trying to sell the property and feels this may be the only opportunity she will have. b. The following individuals spoke in opposition. David Hart, 3050 Aiken, property owner, spoke in opposition to the petition. Mr. Hart stated he does not want the zoning changed, if they are going to build houses it should be equal to what is already out here. Norma Carey, 3010 Aiken Drive, property owner, spoke in opposition to the petition. Ms. Carey stated she wants it left at single family dwelling district and not have apartments or duplexes built. Darin Manning, 231 NE 30th Street, property owner spoke in opposition to the petition. Mr. Manning stated he agreed with others, he does not want duplexes built in front of his house. Sherry Wallace, 3080 Aiken Drive, property owner, spoke in opposition to the petition. Ms. Wallace stated she disagrees with the petition and does not want duplexes put behind their houses. Mark Hardwell, 3061 E. Houston, property owner, spoke in opposition to the petition. Mr. Hardwell stated he did not buy house twelve years ago to have duplexes to go behind his property. He is concerned about additional drainage problems that could occur from houses /duplexes being built in the area. Mr. Hardwell further stated these duplexes will be rental property with people coming and going and eventually the property will go down. He opposes the zoning change. Roy Simmons, 3071 E. Houston, property owner, spoke in opposition to the petition. Mr. Simmons stated he has been here 43 years; drainage on E. Houston has been a problem as long as he has lived here. He is concerned over the existing drainage and sewer problems in the area. Duplexes will make the problem worse. Suzanne Creed, 202 N.E. 30th Street, property owner, spoke in opposition to the petition. The neighbors purchased 1 %2 acre tract of land to secure privacy and safety. If you approve the zoning change the woods will be gone, traffic and drainage will be worse. She is opposed to the zoning change. Danny Efaw, 205 N.E. 30th Street, property owner, spoke in opposition to the petition. He is concerned about not only about the duplexes going in, but the private street that will not be required to have curbs. He does not want to see a nice single family neighborhood rezoned to multi family. Harvey Tabangcora, 3070 Aiken Drive, property owner, spoke in opposition to the petition. Mr. Tabangcora stated he is first time buyer, he has children and this is a quiet safe neighborhood. This change will lower his property values. Wayne Kerby, 390, 340, 350, 360 and 422 30th Street N.E., property owner, spoke in opposition to the petition. Mr. Kerby stated he bought the surrounding properties to protect his property and ensure good renters live in the homes. Daughter and son -in -law live on E. Houston and could not be here tonight they also oppose this. Mr. Kerby further stated he opposes the change. Public hearing was declared closed. Motion was made by Benny Plata, seconded by James Price to deny the change to the Future Land Use Map. Motion carried 5 -0. C. That the future land use recommended for the property located on part of a 14 acre tract of land being a part of the Joseph Leach Survey, be changed from Low Density Residential to High Density Residential. Public hearing was declared open. a. The following individuals spoke in favor of the petition: Mack Ross, 3475 Reno Drive, property owner, spoke in favor of the petition. Mr. Ross provided a map of the property showing drainage to commissioners. Mr. Ross stated the biggest issue has been about the drainage. They will work with the City, school and neighborhood to correct these problems. The private street they are proposing to develop will be just like 25th street. After driving tiro town there are duplexes located on 251h Street, E. Price, 26th street N.E., 27th street N.E., Cherry Street and 29th Street the duplex complexes are moving east. They are planning to install 4 detention ponds to help with drainage issues. The City of Paris needs more duplexes, they are proposing up to 30/31 duplexes. Mr. Ross stated that he feels that the only way Ms. Landers can ever sell this property is by rezoning as multi - family. b. The following individuals spoke in opposition to the petition. Mark Hardwell, 3061 E. Houston, property owner, spoke in opposition to the petition. Mr. Hardwell stated we were told the other night that there will only be 16 units and now Mr. Ross says 31 units. His concerns are drainage, home values and privacy. Opposed to zoning change. David Hart, 3050 Aiken Drive, property owner, spoke in opposition to the petition. Mr. Hart stated he likes the neighborhood, wants it to stay a single family district. Wayne Kerby, 390, 422, 360, 350, and 340 301h Street N.E., property owner, spoke in opposition. Mr. Kerby stated the main reason he is opposed to the change in zoning would be to preserve the existing neighborhood. The drainage is a problem with the Mormon Church being a contributor to the drainage issue even though their runoff goes into a retention pond. However, he does not have a problem with this because for the most part the retention pond holds the runoff. Roy Simmons, 3071 E. Houston, property owner, spoke in opposition to the petition. Mr. Simmons asked what high density residential consisted of Shawn Napier explained that this could be anything from duplexes to an apartment complex. Mr. Simmons further stated that they were told different at the meeting with the developer. Norma Carey, 3010 Aiken Drive, property owner, spoke in opposition to the petition. Ms. Carey stated she is vehemently opposed to the change. Beverly Efaw, 205 30th Street N.E., property owner, spoke in opposition to the petition. Ms. Efaw stated Mr. Ross wants to build duplexes right in the middle of their neighborhood. You have brand new homes they bought to retire in and first time buyers who plan to stay in this neighborhood. Ms. Efaw further stated we love our neighborhood and we don't want duplexes in the middle of the neighborhood. Becky Kerby, 390 30th Street N.E., property owner, spoke in opposition to the petition. Ms. Kerby stated she is concerned about safety of the neighborhood. We live in the neighborhood because it is single family district, duplexes will be rented to people moving in and out, she is concerned about the safety of her grand children. Suzanne Creed, 202 301h Street N.E., property owner, spoke in opposition to the petition. Ms. Creed stated she is opposed to the change in the future land use map. We made an investment in our homes and multifamily housing will devalue our property. Darin Manning, 2313 01h Street N.E., property owner, spoke in opposition to the petition. Mr. Manning stated he is opposed to the change. They have a nice quiet neighborhood and the change will increase traffic and devaluate the property. Public hearing was declared closed. Mack Ross stated that Aiken Drive does not have drainage issues; he will add nice retention ponds to help with the drainage from the duplexes. These duplexes would not be dangerous. Motion was made by James Price, seconded by Benny Plata to deny the change to the Future Land Use Map. Motion carried 5 -0. 4. Public hearing and consideration of and action on the petition of Kenneth Dyer for a change in zoning from a General Retail District (GR) to a General Retail District (GR) with a specific use permit (28) Mortuary in the O, NS and GR Districts, on Lot 7, City Block 61, being number 624 5`h Street N.E. Public hearing was declared open. A. The following individuals spoke in favor of the petition. Flora Rucker, 624 6th Street N.E., property owner, City Staff read a letter in favor of the petition for property owner who is disabled and unable to attend the Planning and Zoning Commission meeting. Judy Battle, 2112 Cedar Street, representative for Destiny Funeral Home, spoke in favor of the petition. Requesting approval of petition, this will be a beautification project for this older neighborhood, bring jobs to the area. B. There was no opposition. Public hearing was declared closed. Motion was made by Benny Plata, seconded by Richard Hunt to approve the zoning change request. Motion carried 5 -0. 5. Public hearing to consider the petition of Mack Jones (Abundant Life) for a change in zoning. from a One Family Dwelling District No. 2 (SF -2) with a specific use permit (25) Nursery school, day nursery or kindergarten school in the A, SF -1, SF-2, SF -3 and the 2F Districts to a One Family Dwelling District No. 2 (SF -2) with a specific use permit (14) Day camp in any One - Family or Two Family Districts on Lot 13 and 14, Block 2, being number 847 e Street S.E. Public hearing was declared open. A. The following individuals spoke in favor of the petition. Mack Jones, CEO Abundant Life, spoke in favor of the petition. Mr. Jones stated property was previously used as a day care facility. The proposed use as a day camp would not disrupt the neighborhood. The hours of operation will be from 9:00 am to 3:00 pm each day Monday thru Friday. Mr. Jones further stated they hope to employee ten new individuals. Raymond Allen, 2549 CR 43200, Powderly, Texas, spoke in favor of the petition. Mr. Allen is the father of a 47 year old handicapped person who will utilize the facility. Mr. Allen stated there are other similar facilities in the City like Educare. He is requesting the commissioners to consider approving the zoning change. Bob Pipher, 199 CR 43600, Paris, Texas, spoke in favor of the petition. Mr. Pipher is a father of a handicapped son. Mr. Pipher stated that his son will be attending this facility and he has done extensive research on Abundant Life facilities. Mr. Pipher stated that his research has shown that the Abundant Life facility in Mt. Pleasant is a first rate operation. Ruth Dolkins, 1810 Fairfax, spoke in favor of the petition. Ms. Dolkins has a handicapped daughter. Ms. Dolkins stated if you have a handicapped child you would understand the need for this type of facility in Paris. She asks the commission to approve the zoning change. Jida Barker, 423 Rusk, Pittsburg, Texas, employee of Abundant Life, spoke in favor of the petition. Ms. Barker has a handicapped daughter. Ms. Barker stated without these types of facilities individuals would not have a place to go. She requested the commission approve the zoning request. B. The following individual spoke in opposition. Letter of opposition was read in to record from the following property owners: Orlis and Sue Bowden, 824 6t' Street S.E. Beverly Reeves, 815 6"' Street S.E. Public hearing was declared closed. Motion was made by James Price, seconded by Dennis Chalaire to approve the zoning change request. Motion carried 5 -0. 6 Public hearing to consider the petition ofDora Landers for a change in zoning.from a One Family Dwelling District No. 2 (SF -2) to a Multi- Family Dwelling District No. 2 (MF -2) on Lot 4, City Block 294, being number 240 301h Street N.E. Motion was made by Dennis Chalaire, seconded by James Price to deny the petition because the Future Land Use Map was denied. Motion carried 5 -0. 7. Public hearing to consider- the petition of Mack Ross. for a change in zoning from a One Family Dwelling District No. 2 (SF -2) to a Multi - Family Dwelling District No. 2 (MF -2) on part of a 14 acre tract of land being part of the Joseph Leach Survey, being located in the 200 Block of 30`h Street N.E. Motion was made by Benny Plata, seconded by James Price to deny the petition because the Future Land Use Map was denied. Motion carried 5 -0. 8. Consideration of and action on the Replat of Lots 1 -10, Block 25, and Lots 1 -10, Block 30, Clement Fairview Addition, being located in the 200 Block of'Clement Road. Motion was made by Dennis Chalaire, seconded by Richard Hunt to approve the replat, subject to the City Engineer's recommendations. Motion carried 5 -0. 9. Consideration of and action on the Master- Plat of Lot 1, Block A, Rick 250 Addition #1, being located in the 300 Block of Loop 286 N.E. Motion was made by Dennis Chalaire, seconded by Benny Plata to approve the master plat, subject to the City Engineer's recommendations. Motion carried 5 -0. 10. Consideration of and action on the Preliminary Plat of Lot 1, Block A, Rick 250 Addition #11 being located in the 300 Block of Loop 286 N.E. Motion was made by Dennis Chalaire, seconded by James Price to approve the preliminary plat, subject to the City Engineer's recommendations. Motion carried 5 -0. 11. Consideration ofand action on the Final Plat of Lot 1, Block A, Rick 250 Addition #1, being located in the 300 Block of Loop 286 N.E. Motion was made by Richard Hunt, seconded by Benny Plata to approve the final plat, subject to the City Engineer's recommendations. Motion carried 5 -0. 12. Meeting adjourned at 6.40 p.m. APPROVED THIS 6TH DAY OF JUNE, 2011. �j ,p� f-- b `7 —_a,p`I l r oil 17- Wnrers;, APR 25 AMa53 9',P- 4- s, c-, 6, - fok, sr T� 9 / �T 4, u re ! `r ,w lo �' .I