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10/02/2000 MINUTESPLANNING AND ZONING COMMISSION MEETING OCTOBER 2, 2000 The Planning and Zoning Commission met Monday, October 2, 2000 at 5:30 at Paris Junior College, Applied Technology Building, Rm. 1016, 2400 Clarksville Street, Paris, Texas with the following members present: 1. Reeves Hayter 2. Vincent Battles 3. Barbara Forrest 4. Eddie Vincent 5. Curtis Fendley 6. Bobby L. Myers Steve Methven, the building official was also present. The meeting was called to order by Reeves Hayter. 1. The minutes from the September 5, 2000 regular planning and zoning meeting were approved with a motion by Bobby Myers seconded by Curtis Fendley. Motion carried by a vote of 6 ayes and 0 nays. 2. Public Hearing to consider the petition of Bob McCarley for a change in zoning from a One - Family Dwelling District No. 3 (SF -3) to a Light Industrial District (LI), Lot 20, Block A, Windsor Estates Addition, being the 4000 Block of Pine Mill Road. The public hearing was declared open. A memo was presented from the city attorney referencing spot zoning in relation to the zoning change request. Ed Ellis, attorney representing Bob McCarley, spoked in favor ofthe petition stating that Mr. McCarley had a contract to purchase the property subject to it being rezoned to Light Industrial. Mr. McCarley presently owns approximately 12 acres that extends to the Loop that is zoned Light Industrial. Mr. Ellis mentioned other Commercial uses in the area such as Braum's, Hampton Inn, Ryder Truck Rental Warehouse, etc. Mr. McCarley's property ends up in a triangle with no use unless he can obtain the additional 100 feet to open up for future development and expansion of his business. Mr. Fendley asked Mr. McCarley about plans to use this property and fencing, he stated that he thought Mr. McCarley should install an 8 feet fence. Mr. McCarley stated that at present he does not have any plans but since it can be developed he would like to make the lower end of his property more useful. Mr. Larry Fendley, 635 42nd SE, asked if there are any plans for the property such as storage and if privacy fence would be put up. Sue Shelton, 4130 Castlegate, spoke in opposition stating that she would not like a parking lot on the property, she has a small son that she does not want him to get run over. Her main concern is that she does not want something at her back door. Mr. McCarley stated that he has always been a good neighbor and he intends to follow through being a good neighbor and will do nothing to hurt Ms. Shelton's children nor her or her neighbors. Mr. McCarley stated that a lumber yard is not a bad neighbor— "it goes to bed at night." Steven Banks, 4120 Castlegate, presented a petition in opposition to the zoning petition stating there is already enough traffic on Pine Mill with Braum's and the back entrance to Wal Mart, it is really getting difficult to get to their homes. Mr. Banks stated that the residents in the area are opposed to anything but a home going on the property. He also, stated there is nothing that can be done according to the layout of the property and they would like for the property to remain residential. Pam Gillen, 3745 Castlegate, spoke in opposition to the petition stating that she is worried about access to businesses, environmental, and traffic. Ms. Gillian stated that her street is a one way street with one way in and off Pine Mill Road. Ms. Gillian feels that if a business is added to that corner that it will add danger to already dangerous driving conditions. She is concerned about the new Fire Station —if they will be able to get out of the area in case of a fire. Ms. Gillian said there was to have been a sign put on the lot for the subdivision. There was no further opposition, the public hearing was declared closed. 3. Consideration of and action on the petition of Bob McCarley for a change in zoning from a One - Family Dwelling District No. 3 (SF -3) to a Light Industrial District (LI), Lot 20, Block A, Windsor Estates Addition, being the 4000 Block of Pine Mill Road. Motion was made to deny by Barbara Forrest and seconded by Vincent Battles. Motion carried by a vote of 5 ayes and 1 nay. 4. Public Hearing to consider the site plan approval requested by Roy Gwinn, Part of Lot 1, City Block 319, being number 2675 NE Loop 286. The public hearing was declared open. Roy Gwinn, Sumner, TX, spoke in favor of the petition stating the property is approximately 170'X 100' and he would like to put in a 5,000 square feet building with water going to the street and 2,500 square foot of water going to the ditch behind. The building would be used as commercial office spaces. The three houses in the area are already fenced. There are five green areas in the plan and along the back will be a green area along the ditch. There was no opposition, the public hearing was declared closed. 5. Consideration of and action on the site plan approval requested by Roy Gwinn, Part of Lot 1, City Block 319, being number 2675 NE Loop 286. Motion was made to approve by Curtis Fendley and seconded by Eddie Vincent. Motion carried by a vote of 6 ayes and 0 nays. 6. Public Hearing to consider the petition of Monte Moore for a change in zoning from an Agricultural District (A) to a Two - Family Dwelling District (2F), Lot 8, City Block 318, being the 3300 Block of Center Street. The public hearing was declared open. Mr. Monte Moore, 250 Sugarhill Road, spoke in favor of the petition stating his property of 700 feet faces Center Street and backs up to Paris Business Park which is all Commercial property presently being developed. There are a few houses in the immediate neighborhood and across the street the Guest's own several acres with one house behind it. Mr. Moore states there are other duplexes in the neighborhood, therefore, he thinks this would be a good area for duplexes. The land is covered in woods and he would be taking out the underbrush, leaving the trees. Mr. Moore stated that he will have to put in curb and gutter on Center Street and according to the city attorney the City will then pave the street. According to Mr. Moore, Center Street is a secluded gravel street that stays under water and is rarely being used and this is good opportunity to get curb and gutter and paved Eddie Vincent asked about building restrictions on the lots if approved. Mr. Moore stated that he hasn't thought of any —with the high dollar lots, he assumes there will be nice duplexes built. Ms. Mary Montgomery, 1570 34`'' NE, spoke in opposition to the petition stating that there is a big metal building in the Paris Business Park. Ms. Montgomery presented pictures of the metal building in the Business Park and the site for development. Ms. Montgomery read a lengthy letter that she had prepared stating that she has nothing against Mr. Moore opening a business. As homeowner paying taxes on six properties, Ms. Montgomery does not want Two - Family Dwelling in front of her house or in between Jay and Patsy's house. She said her property would probably sell for $350,000 and up and Jay Guests' property would probably sell for $1,000,000 and more up. According to the size of the property there would be at least twenty apartments with at least 40 cars and all of this is in front of their house on a dirt road. She said her neighbors have fought Mr. Moore on Two - Family Dwellings, storage sheds, and businesses almost in their yards. She has no objections to new businesses and doesn't blame anyone for buying lots between the Loop and 34' Street. Ms. Montgomery stated that Mr. Moore has brought Commercial into a residential neighborhood. Ms. Patsy Guest, 1815 34th NE, spoke in opposition to the petition presenting pictures of the house and to the west of the house is Center Street. Ms. Guest stated they were told that Center Street will be closed and they have been coming for three or four years to the City about the water problem. She presented pictures of flooding problem on Center Street. There has been a lot of concrete poured on commercial property in the area adding to the already existing problem. She feels that if Mr. Moore puts a street in that it will add to the problem. Duplexes in the area will cause more water to flow off the houses creating a larger problem. Ms. Guest would like to see the are remain a Single Family neighborhood. Ms. Guest stated that when they agreed to Commercial behind 34`'' Street they were under the assumption that it would be like a Shopping Center with low buildings. The residents would like for a buffer to remain. Ms. Guest stated that Mr. Moore said when he was given Commercial zoning that he would work on the water problem with an engineer but that hasn't happened yet. Jackie Wood, 34th NE and Vagas, who has lived in the area since 1975 was not opposed but stated that Center Street is impassable if it rains at all. Ms. Wood questioned that if the street is curbed and guttered —would the City pave the street and do something about the drainage. Steve Methven, building official, stated that he was not sure but he thought that Mr. Moore had a conversation with.Mr. Earl Smith, city engineer, and it is probably true. There was no further opposition, the public hearing was declared closed. 7. Consideration of and action on the petition of Monte Moore for a change in zoning from an Agricultural District (A) to a Two - Family Dwelling District (2F), Lot 8, City Block 318, being the 3300 Block of Center Street. Motion was made to deny by Curtis Fendley and seconded by Bobby Myers. Motion carried by a vote of 6 ayes and 0 nays. S. Consideration of and action on recommendation of the Final Plat, Briarwood H. Motion was made to approve by Curtis Fendley and seconded by Eddie Vincent, subject to the City Engineer's Memo, dated October 2, 2000. Motion carried by a vote of 6 ayes and 0 nays. 9. Consideration of and action on approval of the Comprehensive Plan for Thoroughfare, Land Use, and Open Space and Housing (Master Plan). There were no updates on the Master Plan. Mr. Hayter stated that this item was on the agenda last month for a public hearing with quite a bit of citizen input and to the best of his knowledge there has been no action recommending changes at this time. Mr. Vincent was in agreement with Mr. Hayter of a joint meeting of Planning and Zoning with the Council to review the Comprehensive Plan. A representative of Brother Randall Scott was present with documented items of concern from residents in the area. Motion was made to table by Eddie Vincent and seconded by Bobby Myers to provide adequate time for a workshop of the Planning and Zoning Commission and the City Council. Motion carried by a vote of 6 ayes and 0 nays. Meeting adjourned at 6:50 p.m. Steve Methven