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04/05/2004 MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION APRIL 5, 2004 The Planning and Zoning Commission met Monday, April 5, 200415:30 P.M., Paris Junior College, Bobby R. Walters Applied Technology Building, Room 1206, 2400 Clarksville Street, Paris, Texas with the following members present: 1. Reeves Hayter 5. Louis Yates 2. Barbara Forrest 6. Marshall Kent 3. Bobby Myers 7. Cleveland Thomas 4. Russell McCain 8. Carl Lucas Steve Metheven, the Building Official was also present. The meeting was called to order by Reeves Hayter. 1. The minutes from the March 1, 2004, regular planning and zoning meeting were approved by Bobby Myers, seconded by Russell McCain. Motion carried by a vote of 8 ayes and 0 nays. 2. Public Hearing to consider the petition of Cindy Gates for a change in zoning from an Agricultural District (A) to a Planned Development District, Commercial Center (PD -al) on Lot 3, City Block 328, being located in the 3800 Block of Loop 286 S.W. The public hearing was declared open. FOR THE PETITION Ms. Maritta Oglesby spoke in favor of the petition stating that they have reviewed the reporting area stats with the East Paris Travel Center, two convenience stores, and the Exxon station and saw nothing that would indicate an increase in crime from the development. People who travel have for years had the reputation of being hard working, courteous, and helpful and are no more likely to be harmful than any other person. Ms. Oglesby also stated that after four years of bringing Planning and Zoning Meeting April 5, 2004 Page 2 housing, retail, and travel, the inability to sell her land has begun to devastate her financially. Ms. Oglesby understands the homeowners concern but stated they elected to live in a designated enterprise area along with Kimberly- Clark, TxDOT, Turner Pipe, Campbell Soup, Sara Lee and the Logistical Company. The planned home development of Parc Ouest simply has not materialized as the industries have done. With the widening of all entrance highways into town, lower median costs, Paris is supremely set for further industry development. It is recognized from banking people that there is a need in West Paris for jobs, service, and shopping. Bloyse Enloe spoke in favor of the petition stating that he bought 10 acres across the Loop and built a home. Mr. Enloe stated that he has traveled throughout the world and Paris needs the growth. Mr. Enloe stated that this is a unique opportunity after 50 years to start something for growth in West Paris to jobs and tax revenue. Mr. Enloe stated that everybody knows that Loop property is always Commercial even though there is a little bit of housing there. Mr. Enloe believes that it is time to do something in West Paris. Jim Bell, realtor for the property, stated that as a Councilman, he can not speak for or vote on the matter. According to the Master Plan, this area is designated as planned development in the city. Mr. Bell encouraged Ms. Gates to make a second request for the zoning change. The first request would have allowed Ms. Gates to put in basically anything but on the second request, Ms. Gates would have to go back and do the things that are depicted or what is requested tonight on this model or what ever is there for the safety of the people in the area. He felt that as depicted fencing, lighting and these things and Planned Development is your opportunity to approve it and say yes, but we want some input on how it is developed and where it is put. He felt that is a most important issue. It is the major difference between the first request and the second request. Councilman Bell went back to what Mr. Enloe said "the Loop is designed for Commercial" the Master Plan Planning and Zoning Meeting April 5, 2004 Page 3 calls for this. He said that at some point West Paris has got to have some businesses and jobs in that area. This area has not attracted retail development for that reason, retail wants to be where retail is. It will help assist the development of the West Paris area. Mr. Bell highly encourage the Commission to consider a favorable vote for the zoning being requested which is Planned Developed which does allow and ask for Ms. Gates to come back and show what she is planning to do there and the Commission must approve it, if the fencing and lighting does not meet the requirements, at that time the Commission can require that those things be put in. Mr. Bell feels that this a wonderful opportunity for West Paris. Cindy Gates, CR 33500, House 30, Sumner, Texas, spoke in favor of the petition stating that she has lived in Paris all of her life. Her mom has worked at Kimberly -Clark for 15 years and her dad served in Vietnam and died as a result of service related agent orange. Her family has always supported Paris even though they don't live in Paris. The truck stop would be bringing in a little over $40,000 a year in taxes opposed to $300 a year that it is bringing right now. All she is asking is for a chance to make a living for her family. Ms. Gates does not want anything that is going to cause damage, she wants to run a respectful business. There is a prejudice against the way people see truck stops and there are places that have that kind of reputation and have those problems but it is due to bad management, people that do not care —I care about my reputation. Ms. Gates wants to be an asset to the community and wants to help Paris grow. Ms. Gates feels that the truck stop will help to bring four lanes into Paris. Trucks are important to industries here in town. Paris is and industrial town and there is no facility to take care of truck drivers. They need a facility here in town where they will not be run off because they are on private property trying to sleep. They need a place to go and relax for a little while. Truck driving is a very hard profession and a very dangerous one. Truck drivers are people just like the rest of us. Over the years, Ms. Gates have lost friends from wrecks. She is willing to do whatever is needed to make it where people in the area will be more comfortable. Ms. Gates do not mind bringing in a plan before the Commission for them to decide whether or not it will be beneficial or not. Planning and Zoning Meeting April 5, 2004 Page 4 A proposal was made available for those present to view. AGAINST THE PETITION Linda Butcher, 3810 Sage Trail, stated that her house would be facing the proposed business. Noise is a concern. Works rotating shifts at Kimberly-Clark. Nothing personal but this will bring additional truck traffic right beside her house. Concerned about trucks air horns. Ms. Butcher worked previously for Jelly Skidmore Trucking –knows for a fact, from talking with truck drivers that problems do go on– prostitution, drugs, and many times heard them talk about being harassed by this element. She is sure Ms. Gates is concerned about that and wants to keep it out but that is a very difficult thing to keep from happening at a truck stop. You can not be there 24 hours of the day. Does not want home value to go down. Stan Thurman, 3945 Sage Trail, lives on the south side of the street. Having been a driver himself, stated that there is a two lane stretch and if there is 60 m.p.h. traffic running at a pretty good gait and you try to pull out an 80,000 lb. truck - 80,000 lbs. do not snap and go, it is a slow roll so basically traffic is impeded until you slow roll and go. From a stopped position slow roll with 80,000 lbs. —if there were four lanes, it would be a safety factor but as it is right there, it is kind of dangerous. With four lanes and a service road, it would be okay for trucks to come out there. Delora Redus, 320 34' S.W., lives East of Pare Ouest. Ms. Redus was present at meetings when Pare Ouest wanted to put in double wide mobile homes and also the meeting for a strip mall and double wide mobile homes. Ms. Redus has lived in West Paris for 54 years and when she moved there there was no enterprise zone. They have not been against anything in West Paris that is decent –did not say anything about the bank coming in, the Dollar Store or True Value but if it is something undesirable they would just as soon it did not come in. It will not help them, it will lower property values, cause more crime –as far as Planning and Zoning Meeting April 5, 2004 Page 5 the trucks, Ms. Redus stated that she hears trucks pulling out of the Exxon station and they do not sell diesel there. They stop at the restaurant but she can hear all the noise. Ms. Redus stated that she can not imagine what it will be like if there are more trucks plus the fact that the would be running their engines, the pollution from the diesel from it and everything else that might go with it. Not opposed to anything that is decent to go in there. As far as the revenue from taxes on this, if this goes in it is a possibility that Parc Ouest can not sell any more property because it is so close. Most of the back yards will be right up against the back of the truck stop. In her opinion, you could get more taxes off of the houses there than what this one particular business would bring in. Also, she thinks the gentleman that was promoting the truck stop a while ago does not live there and he will not have to listen to or put up with it. They are the ones that will have to deal with it later and they are just trying to protect themselves and their property values right now. Melissa Huey, 107 Parc Ouest, feels for her personal safety and the surrounding neighborhood. She is a single parent with a 5 year old child. She does not want to go to bed at night and worry about something happening or someone wandering up at her house —a robber or whatever. It is a bad feeling living in fear. Ms. Huey is very happy with the way things are and is not against anything that would be good for West Paris, something that would not devalue her home. She has worked hard for her home and does not want to lose that to something that could devalue her property. No one should not have to go through that. Most people in the area have lived in their home for years. When she bought there was restrictions to where she lives. She bought in good faith that it would be a safe place for her son to grow up, he is her whole life and she does not want to live in fear. Ms. Huey stated that Ms. Gates had interesting things to say about security guards and all that, that is good but that just tells that there is a threat there and that can not be guaranteed, you cannot control that, too many factors, too many Planning and Zoning Meeting April 5, 2004 Page 6 variables. Stated that Parc Ouest has finally started to grow and does not want to see the growth stifled. Debbie Burkes, 3935 Sage Trail, main concern is safety and she would not feel safe there. A truck stop is not compatible with the neighborhood. She keeps hearing that businesses are needed in West Paris. We need good neighborhoods, what is a city without neighborhoods, is it just about business and no people. We should have good places for good homes inside Paris. She has worked hard for many years and does not want her property values to go down. Ms. Burkes feels that a truck stop will not help the area but will hurt it. If they want the truck stop, fine, just don't build it by our neighborhoods, please protect our homes. This country is about people, without people the rest does not matter. The homes, the families, if we don't have that, Paris will not be the Best Small Town in Texas. Pat Early, 4035 Old Bonham Road, states that her American Dream was to build her home in a quiet neighborhood and she did that in July of 1968. Since that time TxDOT, Kimberly- Clark, Florida Power, have been built, but they are no problem. The only problem with these businesses was increased traffic. Ms. Early stated that when they go down their road this is what they will see and hear at night. Ms. Early is against the noise, pollution, increased traffic. If you are coming South on the Loop you are coming over an overpass and it does not give you very much time to go across the road if there is a big truck coming out. Lisa Roberts, 3825 Sage Trail, states that her home is within 200 feet of the proposed truck stop site. She has 2 small children that she does not want living within 200 feet of a business that is open 24 hours a day. Her father is a truck driver as has been for over 30 years, no one needs to tell her that truck drivers are good people, she knows that better than most. Her concern is that truck stops typically brings in an element of Planning and Zoning Meeting April 5, 2004 Page 7 people who prey on the truck drivers. They are easy targets because they are not here, they are not staying here. These people will have a business that is available to them, these are the people that she does not want within 200 feet of her children. Ms. Roberts went to the truck stop on 271 last week and there is garbage, old tires, old pallets —this is what happens when you have a truck stop because you can't clean that up constantly. It might be a good business but it is bad for our families. Also, concern about the traffic, noise, the pollution, and the homes were there first. If it was meant for industry, then perhaps that decision should have been made years ago. Janet Ammons, 3920 Sage Trail, stated that she used to live on 19th w and she moved from there because of the traffic. She chose her house on Sage Trail Drive because of the neighborhood, the type of neighborhood it is, family oriented. They have a lot of children in the neighborhood that can ride their bicycles up and down the street but if the trucks start cutting through there they won't be able to let the children ride their bicycles in the streets. There are a lot of elderly people in the neighborhood and some of them are single, widowed. It is a fear factor for them. Ms. Ammons is a single grandmother, raising a grandchild by herself. Ms. Ammons would not feel safe in her home with those elements around and she thinks that the neighborhood is family oriented and they don't need a truck stop there bringing in all kinds of riffraft. There are a lot of small children in the neighborhood and when they reach their teens years and if they are under some kind of influence of something going on over, it is not the ideal neighborhood that we have. Evelyn Matthews, 1035 41" SW, bought their home 7 years ago when they moved off a farm into town. They chose this location because of the neighborhood, it's quiet and not jammed up. Ms. Matthew lives on the corner of 41St SW and Old Bonham Road and she goes down Old Bonham Road when she pulls out of her drive to get on the Loop. When Planning and Zoning Meeting April 5, 2004 Page 8 that happens it is going to be so much traffic and she is getting old and it is harder for her to see and do like the young people. Ms. Matthews feels that it is not a place for a truck stop and it will lower property. It will be all of those things that have been brought up. Reeves Hayter pointed out that a petition in opposition was presented to the City with 97 signatures. A number of those are people affected in the area. 3. Consideration of and action on the petition of Cindy Gates for a change in zoning from an Agricultural District (A) to a Planned Development District, Commercial Center (PD -al) on Lot 3, City Block 328, being located in the 3800 Block of Loop 286 S.W. Motion was made to deny the petition by Russell McCain and seconded by Carl Lucas. Motion carried by a vote of 6 ayes and 2 nays. 4. Consideration of and action on the Amended Master Plat for Stone Ridge Subdivision. Motion was made to deny the petition by Russell McCain, seconded by Louis Yates. Motion carried by a vote of 8 ayes and 0 nays. Motion was made by Russell McCain seconded by Bobby Myers to excuse Reeves Hayter from consideration of the next item. Motion carried by a vote of 7 ayes and 0 nays. 5. Consideration of and action on the Preliminary Plat for Lots 4A, 4B, and 9A, City Block 287, being located in the 500 Block of Loop 286 S.W. Motion was made to approve the Preliminary Plat by Carl Lucas, seconded by Barbara Forrest. Motion carried by a vote of 7 ayes and 0 nays. Meeting adjourned at 6:30 p.m.