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03/07/2005 MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION MARCH 7, 2005 The Planning and Zoning Commission met Monday, March 7, 2005, 5:30, Lamar County Fairgrounds, Westside Building, 570 E. Center Street, Paris, Texas with the following members present: 1. Reeves Hayter 2. Barbara Forrest 3. Brad Archer 4. Carl Lucas 5. Benny Plata 6. Bobby L. Myers Lisa Wright, the Director of Community Development, was also present. 1. The meeting was called to order by Reeves Hayter at 5:30 p.m. 2. The minutes from the February 7, 2005, meeting were approved with a motion by Bobby Myers, seconded by Brad Archer. Motion carried by a vote of 6 ayes and 0 nays. 3. Public Hearing to consider the petition of Mitzi Rader for a change in zoning from an Agriculture District (A) to a One - Family Dwelling District No. 2 (SF -2) on Part of the Wesley Askins Survey and Mathias Click Survey, being located south of FM 195 and west of 36th Street NE. This item was tabled at the January 3, 2005. Motion was made by Bobby Myers to remove from the table, seconded by Carl Lucas. Motion carried by a vote of 6 ayes and 0 nays. The public hearing was declared open. A.W. Clem, attorney representing Mitzi Rader, stated that the proposed subdivision will complement the area and create tax revenue for the City of Paris, which is very much needed. Initially the subdivision will be small and later expand into a larger subdivision. Planning and Zoning Minutes March 7, 2005 Page 2 Shannon Pasternak, 3610 Brownwood, spoke in opposition to the petition stating that she is concerned with traffic and also where the outlets would be—it is hard to get out now. Mrs. Pasternak is concerned with traffic patterns and restrictions for the subdivision. There was no further opposition, the public hearing was declared closed. 4. Consideration of and action on the petition of Mitzi Rader for a change in zoning from an Agriculture District (A) to a One - Family Dwelling District No. 2 (SF -2) on Part of the Wesley Askins Survey and Mathias Click Survey, being located south of FM 195 and west of 36th Street NE. Motion was made to approve the petition by Bobby Myers, seconded by Benny Plata. Motion carried by a vote of 6 ayes and 0 nays. 5. Public Hearing to consider the petition of James and Tennie Wooten for a change in zoning from a One- Family Dwelling District No. 2 (SF -2) to a Neighborhood Service District (NS) With Specific Use Permit (28) Mortuary or Funeral Parlor on Lots 16 and 17, Block 4 of the Mayer Addition, being located at 235 32nd Street N.W. The public hearing was declared open. James Wooten, who owns a funeral home in Clarksville, Texas, spoke in favor of the petition stating that he is trying to purchase the church to turn into a funeral home. The property is not on the tax roll now but if turned into a funeral home, it will be. Mr. Wooten stated that there is parking in the rear and the church next to this location has been approached to share their parking lot, although they have not agreed yet. Planning and Zoning Minutes March 7, 2005 Page 3 Judy Thielman, 270 32nd Street NW, who has lived at this location for 20 years, stated there is not adequate parking to accommodate a funeral and cars will line the street. Kenneth Posey, 220 32nd Street NW, spoke in opposition to the petition stating that he purchased his property because of the neighborhood. He wants to see his child grow up in a happy place, and with a funeral home there, he would see the hearse and people going into the funeral home. Mr. Posey stated that there would be noise from the policemen escorting the funeral. Mr. Posey presented a petition with 26 signatures in opposition. A funeral service is not needed in the neighborhood —there will be more people, more crime —not every funeral is a good thing, sometimes there are murders, crime, and disgruntled families. Liz Nichols, 139 32nd Street NW, spoke in opposition to the petition stating that she is a single parent and her son has to spend time alone at home. Along with security issues, there is not enough parking and with the bus thoroughfare, funeral traffic would be a problem. Alvin Cole, 280 32nd Street NW, spoke in opposition to the petition stating that he has lived at this location for 40 years and it is quiet. He does not want a funeral home in the neighborhood. The traffic would be bad with the funeral home and the school up the street. Lisa Wright, Director of Community Development, advised the Commission that she had certified 12 of the signatures on the petition, which was more than the necessary 20% needed. She explained to the Commission that this meant the City Council would need a 3/4 vote to approve the zoning even if the P &Z recommended approval. There was no further opposition, the public hearing was declared closed. Planning and Zoning Minutes March 7, 2005 Page 4 6. Consideration of and action on the petition of James and Tennie Wooten for a change in zoning from a One - Family Dwelling District No. 2 (SF -2) to a Neighborhood Service District (NS) With Specific Use Permit (28) Mortuary or Funeral Parlor on Lots 16 and 17, Block 4 of the Mayer Addition, being located at 235 32nd Street N.W. Motion was made to deny the petition by Benny Plata, seconded by Reeves Hayter. Motion carried by a vote of 6 ayes and 0 nays. 7. Public Hearing to consider the petition of Cody Woodard for a change in zoning from an Agricultural District (A) to a General Retail District (GR) on a one (1) acre tract which is a part of the John Skidmore Survey, Abstract No. 889, being .located on FM 1508. The public hearing was declared open. Cody Woodard spoke in favor of the petition stating that he wants to build a beauty shop for his wife at this location. The shop would be 30'x 30' with a front porch and an asphalt parking lot. Only his wife and maybe 1 more operator would work in the shop. Peggy Worthy Wilson spoke in opposition to the request. She stated that she purchased her mother and dad's home place across from this property. 'This is already a high traffic area. Ms. Wilson stated the area has always been an open area and she would rather see a home built there. She is afraid that it would not be a beauty shop for long and something else would open up there. Todd Worthy spoke in opposition to the petition stating that if you put in retail now, it will hurt the future growth of homes in the area. 8. Consideration of and action on the petition of Cody Woodard for a change in zoning from an Agricultural District (A) to a General Retail Planning and Zoning Minutes March 7, 2005 Page 5 District (GR) on a one (1) acre tract which is a part of the John Skidmore Survey, Abstract No. 889, being located on FM 1508. Motion was made to approve by Benny Plata, seconded by Carl Lucas. Motion carried by a vote of 6 ayes and 0 nays. 9. Consideration of and action on the Master Plat of Pecan Place. A.W. Clem, on behalf of the Raders, stated regarding Item No. 6 on the memo from the City Engineer that this is a problem because the developers do not own the property to FM 195, therefore, it is impossible to do. Mr. Hayter stated that it is not impossible but it would cost money. Barney Bray inquired whether the City could condemn the property for the street, and Mr. Plata stated he felt the City Council should contribute to the cost of the street. Motion was made to deny the plat by Brad Archer, seconded by Carl Lucas. Motion carried by a vote of 6 ayes and 0 nays. 10. Consideration of and action on the Preliminary Plat of Pecan Place, Phase L Motion was made to deny the plat by Benny Plata, seconded by Carl Lucas. Motion carried by a vote of 6 ayes and 0 nays. 11. Consideration of and action on the Final Plat of Lot 1, Block A of the Tractor Supply Addition, being located at 2035 Spur 139. Motion was made to approve by Carl Lucas, seconded by Bobby Myers, subject to the City Engineer's Memo dated, February 21, 2005. Motion carried by a vote of 6 ayes and 0 nays. Planning and Zoning Minutes March 7, 2005 Page 6 12. Consideration of and possible action on amendments to the Future Land Use Map, which is a part of the Comprehensive Plan, as it relates to the southwest quadrant of Paris. Lisa Wright introduced Barbara Wilson as a representative of the Historic Preservation Commission who would be on hand to answer any questions they might have concerning areas designated historic. Mrs. Wilson pointed out that the Wise House was listed as a public park. She inquired as to the Commission's thoughts on the central area. Mr. Hayter explained that there had been discussion on whether to leave central area on the map or simply recommend a specific use, such as retail. Mrs. Wilson said she was concerned about the uses which were permitted in the central area, and Mr. Hayter stated that this was an issue that could be handled once the actual zoning ordinance was looked at. Motion was made to table by Carl Lucas, seconded by Benny Plata. Motion carried by a vote of 6 ayes and 0 nays. Meeting adjourned at 7:00 p.m.