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05/05/2003 MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION MAY 5, 2403 The Planning and Zoning Commission met Monday, May 5,2003,5:30 P.M., Paris Junior College, Applied Technology Building, Room 1206, 2400 Clarksville Street, Paris, Texas with the following members present: 1. Reeves Hayter 4. Barbara Forrest 2. Russell McCain 5. Carl Lucas 3. Louis Yates, Jr. 6. Curtis Fendley Steve Methven, the building official was also present. The meeting was called to order by Reeves Hayter. I 1. The minutes from the April 7, 2003, regular planning and zoning meeting were approved with a motion by Curtis Fendley and seconded by Russell McCain. Motion carried by a vote of 6 ayes and 0 nays. 2. Public Hearing to consider the petition of Phil Carter and Phillip Brandon Carter for a change in zoning from an Agricultural (A) District to a Commercial (C) District, Lots 1 and 2, City Block 399, being the 6000 Block of Clarksville Street. This item was tabled at the April 7, 2003, Planning and Zoning Meeting. Motion to remove from table was made by Russell McCain and seconded by Carl Lucas. The public hearing was declared open. Brandon Carter, 105119' SE, spoke in favor of the petition stating that he and his dad recently purchased the 1.8 acre property that is currently zoned Agriculture. Stated the Master Plan proposed that the property be zoned Commercial. They have a lease agreement for the property. Mr. Carter would like to put a car lot on this property. There is an old house at the back of the property and a small building Planning and Zoning Meeting May 6, 2003 Page 2 that would be used for an office and additional asphalt parking would be added. No work would be done on the cars at this location. There was no one else to speak in favor of or against the petition, the public hearing was declared closed. 3. Consideration of and action on the petition of Phil Carter and Phillip Brandon Carter for a change in zoning from an Agricultural (A) District to a Commercial (C) District, Lots 1 and 2, City Block 399, being the 6000 Block of Clarksville Street. Motion was made to approve by Curtis Fendley and seconded by Carl Lucas. Motion carried by a vote of 6 ayes and 0 nays. 4. Public Hearing to consider the petition of Carles Sterling for a change in zoning from an Agricultural District (A) to a Commercial District (C) With Specific Use Permit (52) Signs and Billboards, Lot 7, City Block 307 -B, being number 3995 N. Main. The public hearing was declared open. Carles Sterling, 1735 Bella Vista, spoke in favor of the petition stating that he is requesting the zoning change at this location to build an all steel, single pole billboard. When this property was originally. purchased it had an old wooden billboard on it. There was no opposition, the public hearing was declared closed. 5. Consideration of and action on the petition of Carles Sterling for a change in zoning from an Agricultural District (A) to a Commercial District (C) With Specific Use Permit (52) Signs and Billboards, Lot 7, City Block 307 -B, being number 3995 N. Main. Planning and Zoning Meeting May 6, 2003 Page 3 Motion was made to approve for Commercial zoning With Specific Use Permit, Signs and Billboards by Russell McCain and seconded by Louis Yates. Motion carried by a vote of 6 ayes and 0 nays. 6. Public Hearing to consider the petition of Buford Ray Jordan for a change in zoning from a Multiple- Family Dwelling District No. l (MF -1) to a One - Family Dwelling District No. 3 (SF -3), With Specific Use Permit (39) Manufactured Homes, Lot 5, City Block 137, being number 133 W. Sherman. The public hearing was declared open. Carolyn Jordan, 133 W. Sherman, spoke in favor of the petition stating that her home burned and she wants the chance to put a 14' x 80' manufactured home to use as her residence. Ms. Jordan said the property would never be rental property. Mr. William Privett, RR 1, Box 94, Honey Grove, Texas, who owns a house at 124 1St SW thinks that a manufactured home would degrade the living quarters in that area. Mr. Privett stated that this location is 2 blocks from the square and it will not be an asset to the City to have a manufactured home at this location. There was no further opposition, the public hearing was declared closed. 7. Consideration of and action on the petition of Buford Ray Jordan for a change in zoning from a Multiple- Family Dwelling District No. l (MF- 1) to a One - Family Dwelling District No. 3 (SF -3), With Specific Use Permit (39) Manufactured Homes, Lot 5, City Block 137, being number 133 W. Sherman. Curtis Fendley stated that the area is primarily residential with General Retail overlay that has a potential of being an area that might have Planning and Zoning Meeting May 6, 2003 Page 4 some historical significance at some point when the Historical Commission is up and running, therefore, in line with Mr. Privett's thought of not moving something of that line into the area, Mr. FencIley recommended to deny the petition. Chairman Reeves Hayter made mention that the amount of the money spent in renovating the Market Square would need to be looked at. Motion was made to deny the request by Curtis Fendley and seconded by Russell McCain. Motion to deny carried by a vote of 6 ayes and 0 nays. 8. Public Hearing to consider the petition of Jon McFadden for a change in zoning from a One - Family Dwelling District No. 2 (SF -2) to a Multiple - Family Dwelling District No. 1 (MF -1), Lots 9 and 9C, City Block 257 -D, being numbers 344 and 364 27' NE. The public hearing was declared open. Jon McFadden, 2645 40t" SE, spoke in favor of the petition and showed pictures of what he purposes to build. Mr. McFadden stated that he would like to get the taxes current and remove the existing structure at this location and build a duplex. In the future, he.would like to have 2 duplexes on each lot. Mr. McFadden would complete the renovation of the house at 364 27' NE and put the property up for rent. Harold Mills, 345 27t" NE, opposed the petition stating that the property needs work but asked if duplexes would help the neighborhood. Mr. Mills thinks that duplexes in the area would downgrade property in the area. Carl Patrick Morgan, 330 27" NE, opposed the petition stating that he echoes everything that Mr. Mills said. Mr. Morgan said that Multiple Dwelling does lower property values and this is a first home for him and as his family grows he will have to sell it and get as much as possible out Planning and Zoning Meeting May 6, 2003 Page 5 7 of the sell of his home to build his 'next home. His back yard privacy will also be directly affected by the construction of the duplexes. Mr. McFadden stated that his family has always owned rental property as long as he can remember and he has experience in screening applicants for renters that are high caliber. Mr. Lucas asked about the potential design pictures, if the duplexes would be similar and what the variance would be. Mr. McFadden stated that he could not say absolutely that it would be the one that he would go with, but it would be a two bedroom two baths, brick veneer. No further opposition, the public hearing was declared closed. 9. Consideration of and action on the petition of Jon McFadden for a change in zoning from a One - Family Dwelling District No. 2 (SF -2) to a Multiple - Family Dwelling District No.1 (MF -1), Lots 9 and 9C, City Block 257 -D, being numbers 344 and 364 27t' NE. Motion was made to deny the petition for Multiple Family zoning by Russell McCain, seconded by Reeves Hayter. Motion carried to deny 6 ayes and 0 nays. 10. Public Hearing to consider the petition of Betty Beezley for a change in zoning from an Agricultural District (A) to a One - Family Dwelling District No. 2 (SF -2), Pt. of Lot 10, City Block 317, being the 2200 Block of NE 36" Street. The public hearing was declared open. Planning and Zoning Meeting May 6, 2003 Page 6 Betty Beezley, 3640 Brownwood, spoke in favor of the petition stating that they would like to do away with their driving range which does not make money and put in 4 lots to match the lot across the street and the same type housing, sectioning off four lots into 140 g 190. The lots would be golf course lots. Bill Madding, 2225 36t' NE, was not opposed to the request but asked if a site plan had been filed. Mr. Madding stated that his lot is 1 acre or larger with 1800 square foot minimum houses and out buildings have to match the houses. If they conform to the neighborhood, Mr. Madding stated that he has no problems. There was no opposition, the public hearing was declared closed. 11. Consideration of and action on the petition of Betty Beezley for a change in zoning from an Agricultural District (A) to a One - Family Dwelling District No. 2 (SF -2), Pt. of Lot 10, City Block 317, being the 2200 Block of NE 36th Street. Motion was made to approve by Curtis Fendley, seconded by Carl Lucas. Motion carried by a vote of 6 ayes and 0 nays. 12. Public Hearing to consider the petition of Gary Bryant for a change in zoning from a One - Family Dwelling District No. 2 (SF -2) to a Commercial District (C), Lot 8, City Block 327, being number 1205 NW 34th. The public hearing was declared open. There was no one present to speak in favor of the petition. Walter Jones, 1255 35th NW, wanted to know how the zoning would affect his property tag. Mr. Jones wanted to know what Mr. Bryant Planning and Zoning Meeting May 6, 2003 Page 7 planned to do with the property. Mr. Jones stated that since he could not be told what the property would be used for he would have to be against it. Sheila Wise, 3440 W. Campbell, stated that she did not know what Mr. Bryant was going to put on the property but she had repeated questions to people that have known Mr. Bryant and they said that he had junk yards and things laying around and places that he owns are really,bad. Ms. Wise stated that her property, around the corner from this property, looks over into the woods down on this property when she goes out her back door and if Mr. Bryant has junk out there, she will not enjoy going into her back yard. Ms. Wise does not think that her property will be worth anything if he is granted the zoning change. Ms. Ethel Smith, 2830 Kessler, sister of Walter Jones, is opposed to the zoning change because her nephew lives in the area also and he has applied for a house to be built there. Ms. Smith states that her nephew's house would be against the property that is already there. Ms. Smith stated that they have been trying to get the property surveyed since January so that Walter could build houses there, but have not had any luck getting the property surveyed. Ms. Smith asked if the property is zoned Commercial, can any kind of Commercial go in there? They do not want any kind of Commercial in there. Susan Miers, 3420 W. Campbell, opposed the petition stating that any traffic that Mr. Bryant creates would be constantly up and dowdthef her house. Ms. Miers' lot is all the way back to Mr. Bryant's property and anything that he puts there would be virtually in her back yard, therefore, she do not want anything Commercial there. Mr. Methven read a letter from William Flippen opposing the petition stating that he would like to see the area remain Single Family. . Planning and Zoning Meeting May 6, 2003 Page 8 There was no further opposition, the public hearing was declared closed. 13. Consideration of and action on the petition of Gary Bryant for a change in zoning from a One - Family Dwelling District No. 2 (SF -2) to a Commercial District (C), Lot 8, City Block 327, being number 1205 NW 34th. Motion was made to deny the petition by Louis Yates, seconded by Barbara Forest. Motion to deny carried by a vote of 6 ayes and 0 nays. 14. Public Hearing to consider the petition of Renee Harvey for a change in zoning from a Two - Family Dwelling District (2F) to a Neighborhood Service District (NS), Lot 11A, City Block 64 -B, being number 665 Pinebluff. The public hearing was declared open. Renee Harvey, 4125 Smallwood Road, a board member of Children's Advocacy Center, 711 Pinebluff, spoke in favor of the petition stating that the Advocacy Center has optioned the property at 665 Pinebluff for the same purpose as the Children's Advocacy Center now exists. They applied for a grant and have been awarded that grant, contingent upon the changing of zoning. There have been to -date, 764 cases have been brought before the Children's Advocacy Center, 36 last month. Ms. Harvey had pictures of the Center as it was when it was purchased and what it looks like today. Ms._ Harvey stated there have been approximately or an access of $100,000 spent on the current facility at 711 Pinebluff and they would like to expand to better serve the clients that they have. The property is 2 story and the Rainbow room is on the 2 "d floor and it is difficult for clients to go up and down the stairs and the volunteers that help there. There are not any drastic changes planned for the property, no additional parking at this time. The only Planning and Zoning Meeting May 6, 2003 Page 9 plan is to improve the exterior appearance and some changes inside so that it will accommodate what they want to do with the property. Ms. Harvey asked if the board members and supporters that were there could stand to show their support. Nine people stood in support of the petition. There was no opposition, the public hearing was declared closed. 15. Consideration of and action on the petition of Renee Harvey foe a change in zoning from a Two - Family Dwelling District (2F) to a Neighborhood Service District (NS), Lot 11A, City Block 64 -B, being number 665 Pinebluff. Motion was made to approve Neighborhood Service zoning by Carl Lucas, seconded by Louis Yates. Motion carried by a vote of 6 ayes and 0 nays. 16. Public Hearing to consider the request of Gerald & Janet Nickerson for a site plan approval, Lot 14D, City Block 259, being the 2900 Block of Pine Mill Road. The public hearing was declared open. Gerald Nickerson, 516 County Road 34600, Sumner, Texas, stated that he like to purchase the lot and build an insurance agency, approximately 2,000 square feet. Chairman Hayter asked if the building would be brick. Mr. Nickerson stated that the building would be steel with an all brick exterior. Mr. Hayter commented on the drainage stating that it should be clarified as to where the water would go. Planning and Zoning Meeting May 6, 2003 Page 10 There was no opposition, the public hearing was declared closed. 17. Consideration of and action on the request of Gerald & Janet Nickerson for a site plan approval, Lot 14D, City Block 259, being the 2900 Block of Pine Mill Road. Motion was made to approve Curtis Fendley, seconded by Carl Lucas with drainage shown on the preliminary plan and subject to the City Engineer's Memo, dated May 5, 2003. Motion carried by a vote of 6 ayes and 0 nays. 18. Public Hearing to consider amending the City of Paris zoning ordinance to create a new historical overlay district classification. The public hearing was declared open. Arvin Starrett spoke gave a brief synoptic view of what the Commission is about and has been at working doing since June 17, 2002 when the Council adopted the Ordinance 2002 -033, Historic Preservation. The Ordinance was adopted in conjunction with a separate Ordinance which dealt with substandard buildings and created the Building Standards Commission. The Historic Preservation Ordinance directly addresses the issues of preserving historic structures within our city and without your addition of the classification today, this ordinance would have been for naught. The Ordinance created a 7 member Historic Preservation Commission whose members are Paris citizens and who have a proven interest in the history of our city. Each member will serve a 2 year term. The Ordinance also created the position of Historic Preservation Officer filled by Mr. Tommy Haynes. The charge to the Commission is to review and designate sites within the city as historical landmarks or historical districts and areas appropriate for designation as historical are endowed with one or more of the following characteristics: significance in history, architecture, archeology or Planning and Zoning Meeting May 6, 2003 Page 11 culture, association with an important event or association with the lives of historically important people or historically important architecture. If they were constructed by master designers, builders or craftsmen, if, they constitute a landmark feature of the community or have general archeological value to our historical heritage. The Paris Historic Commission has proposed the Downtown Commercial Historic District and held a public hearing on April 3, 2003. In considering an area for designation as historic, we are required to also propose regulations which would control exterior changes or modifications to properties within the historic district. Under the Ordinance, what would be considered ordinary maintenance is not controlled by the Ordinance. However, those activities which would change architectural features, design in material or color or outward appearance would be regulated. The Ordinance also empowers the Commission to consider applications for what it would call Certificates of Appropriateness. Certificates of Appropriateness would be issued to individual property owners to authorize those property owner to make changes to the exterior features of their property. The Commission following careful review will deem either appropriate or inappropriate those consistent with historic designations. The Commission has proposed the regulations approved by the U.S. Department of Interior for the application to historic properties in general as the regulations would be adopted and applied to properties within, first, the Downtown Historic District and other historic districts that would be proposed by this body in future times. There are scores of people at work on this historical district and have been for about a year now and are looking forward to the passage of the new designation as a Historical District overlay zoning. Barbara Wilson, member of the Historical Commission, spoke on the economics of the situation stating that is what brought the new designation all about. Ms. Wilson referred to a decaying infrastructure in the center of the city when different groups were approached to try and determine how the center of the city could be revived, not only the Planning and Zoning Meeting May 6, 2003 Page 12 Commercial areas but the residential also, to keep the infrastructure strong —to keep the tax base strong and to keep the city as a whole appealing to people who wanted to move here and industries who wanted to locate here. A certified local government was encouraged, which is a status that the city has obtained through applications that give a partnership with the state and federal governments to access grants to take encourage and help preservation. These grants are available to the city and local property owners to help to restore and maintain for the long haul the historic properties in the city. In order to access these grants through certified local government status, historic zoning is required. The historic zoning could be used as an economic tool, in getting people to come to Paris, invest in Paris, and slay in Paris. 19. Consideration of and action on the amending of the City of Paris zoning ordinance to create a new historical overlay district classification. Motion was made to approve by Curtis Fendley, seconded by Carl Lucas. Motion carried by a vote of 6 ayes and 0 nays. 20. Consideration of and action on the Preliminary Plat, all of Lots 2, 3 -A, 3 -B9 3C -19 3C9 3 -D9 3 -E and Parts of Lots 3 -I, 3 -119 3 -G9 3 -F, and 4, City Block 258, being the 2400 Block of E. Cherry. Motion to excuse Reeves Hayter from consideration on this item was made by Curtis Fendley and seconded by Barbara Forrest. Motion carried, 5 ayes and 0 nays. Motion was made to approve by Louis Yates, seconded by Russell McCain, subject to the City Engineer's Memo, dated, May 5, 2003. Motion carried by a vote of 5 ayes and 0 nays. Motion was made for Reeves Hayter to return to the meeting by Louis Yates, seconded by Carl Lucas. Planning and Zoning Meeting May 6, 2003 Page 13 21. Consideration of and action on revision of the Master Plat for The Hills Subdivision. Motion made to approve by Russell McCain, seconded by Curtis Fendley, subject to the City Engineer's Memo, dated, May 5, 2003. Motion carried by a vote of 6 ayes and 0 nays. 22. Consideration of and action on the Preliminary Plat, Lots 4, 5, 6,11, 12, and 13, City Block 258, East Cherry and 25th NE. Chairman Reeves Hayter stated that the Ordinance says that a preliminary plat is to have a note indicating whether there is any flood plain on the property. Motion was made to approve by Curtis Fendley, seconded by Louis Yates, subject to the City Engineer's Memo, dated, May 5, 2003. Motion carried by a vote of 6 ayes and 0 nays. 23. Consideration of and action on the Preliminary Plat, Lots 10- A,10 -B, 10- C,10 -D, City Block 317, being the 2200 Block of 36" NE. Motion was made to approve by Russell McCain, seconded by Louis Yates, subject to the City Engineer's Memo, dated, May 5, 2003. Motion carried by a vote of 6 ayes and 0 nays. Meeting adjourned at 7:00