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08/03/2009 MINUTESMINUTES REGULAR MEETING PLANNING AND ZONING COMMISSION CITY OF PARIS - CITY HALL COUNCIL CHAMBERS 107 E. KAUFMAN STREET PARIS, TEXAS MONDAY, AUGUST 3, 2009 5:30 O'CLOCK P.M. The regular meeting of the Planning and Zoning Commission on Monday, August 3, 2009, was called to order at 5:32 p.m. by Curtis Fendley, Chairman. A. The following members were present: Curtis Fendley, Bill Harris Bee Garmon Benny Plata Darin Manning B. The following members were absent: Richard Hunt Keith Barnett C. Shawn Napier, City Engineer; Jeanna Scott, Administrative Assistant and Rhonda Rogers, City Council Member were also present. 2. Approval of minutes from previous meeting. (July 6, 2009) Motion was made by Bill Harris, seconded by Bee Garmon to approve the minutes for the July 6, 2009 meeting. Motion carried 5 -0 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 of proposed amendments to the Future Land Use Plan flap as.follows: A. That the future land use recommended , for the property located on Lot 19, Block 8, Sperry Addition, being number 2750 Bonham Street, be changed from. Low Density Residential to General Retail. Public hearing was declared open. No one spoke in favor of the petition. No one spoke in opposition. Public hearing was declared closed. Motion was made by Benny Plata, seconded by Bill Harris to deny the change to the Future Land Use Plan Map. Motion carried 4 -1. B. That the future land use recommended for the property located on a 0.470 tract of land that is part of the Wesley Askins Survey #7, being number 3909 Farm to Market 195, be changed from Low Density Residential to Commercial. Public hearing was declared open. The following individual spoke in favor of the petition. Plug Clem, 2980 Hubbard, Attorney, spoke in favor of the petition. Mr. Clem stated this business has been in existence and operating as a business for years. They are proposing beer and wine sales and the City will not approve it until the zoning has been changed. Mr. Clem stated they are requesting the commissioners approve the zoning change. No opposition present. Public hearing was declared closed. Motion was made by Bill Harris, seconded by Darin Manning to approve the change to the Future Land Use Plan Map. Motion carried 5 -0. Motion was made by Benny Plata, seconded by Darin Manning to recuse Bill Harris. Motion carried 4 -0. C. That the future land use recommended, for the property located on 1.094 acres situated on the west portion of Lot part of 3, City Block 170 -A, being number 1920 South Church Street, be changed from Light Industrial to Commercial Public hearing was declared open. The following individual spoke in favor of the petition. Don Walker, 340 CR 32050, Brookston, Texas, spoke in favor of the petition. Mr. Walker stated they want to switch the zoning on the lot in order to have the recycling. The following individual spoke in opposition of the petition. John Halliburton, 3955 FM 1497, Paris, Texas, spoke in opposition of the petition. Mr. Halliburton stated he owns property close to the proposed zoning request. Mr. Halliburton feels this business will be an eye sore and disrupt the area businesses. Public hearing was declared closed. Motion was made by Bee Gan-non, seconded by Benny Plata to approve the change to the Future Land Use Map. Motion carried 4 -0. Motion was made by Bee Gannon, seconded by Benny Plata to return Bill Harris to the meeting. Motion carried 4 -0. 4. Public hearing and consideration of and action on the petition of Pat Taylor for a change in zoning from a Single - Family Dwelling District No. 2 (SF -2) to a General Retail District (GR) on Lot 19, Block 8, Sperry Addition, being number 2750 Bonham Street. The Future Land Use Plan Map change was denied therefore a motion was made by Benny Plata, seconded by Darin Manning to deny the zoning change request. Motion carried 5 -0. 5. Public hearing and consideration of and action on the petition of BK Trading, Inc. for a change in zoning from an Agricultural District (A) to a Commercial District (C) with a Specific Use Permit (49) Auto Fuel Sales on a 0.470 tract of 'land that is part of the Wesley Askins Survey #7, being number 3909 Farm to Market 195. Public hearing was declared open. The following individual spoke in favor of the petition. Plug Clem, 2980 Hubbard, Attorney, spoke in favor of the petition. The following individual spoke in opposition of the petition. Mary Vance, 162 CR 42400, Paris, Texas, spoke in opposition. Ms. Beth had questions regarding the petition. She stated she really isn't in opposition, just wanted to know what was being proposed at this location. Public hearing was declared closed. Motion was made by Bill Harris, seconded by Darin Manning to approve the zoning change. Motion carried 5 -0. Motion was made by Bee Garmon, seconded by Benny Plata to recuse Bill Harris from items 6 and 7. Motion carried 4 -0. 6. Public hearing and consideration of and action on the petition of Don Walker (Seed Sowers Christians in Action).for a change in zoning from an Light Industrial District (LI) to a Commercial District (C) on 1.094 acres situated on the west portion of Lot part of 3, City Block 170 -A, being number 1920 South Church Street. Public hearing was declared open. The following individuals spoke in favor of the petition. Don Walker, 340 CR 32050, Brookston, Texas, spoke in favor of the petition. Mr. Walker stated Christian Actions recycles; this helps the community by keeping the waste from the landfills. They also provide a job to men who would otherwise be walking the street. Plug Clem, Attorney, 2980 Hubbard, Paris, Texas, spoke in favor of the petition. Mr. Clem stated this business will generate income and help the community. Mr. Clem further stated this program is very important to the community. The following individuals spoke in opposition of the petition. John Halliburton, 3955 FM 1495, Paris, Texas, spoke in opposition of the petition. Mr. Halliburton stated he is concerned about the type of people that will be running the operations and until the living quarters are available where will they be staying. He is concerned that it will not be a clean running business. A lot of the recyclables will be left and then blow around the lot and on to other properties. Mr. Halliburton further stated he is against the request as it is being presented at this time. Enter letter into the record from Robert A. Burns and Donna Bryant, owners of property within 200 feet of proposed zoning change, letter is in opposition of petition. Public hearing was declared closed.. Motion was made Bee Gannon, seconded by Benny Plata, to approve the zoning change. Motion carried 4 -0. 7. Public hearing and consideration of and action on the petition of Don Walker (Seed Sowers Christians in Action) for a change in zoning from a Commercial District (C) to a Light Industrial District (LI) on 1.341 acres situated on the east portion of Lot part of 3, City Block 170 -A, being number 1920 South Church Street. Public hearing was declared open. The following individuals spoke in favor of the petition Don Walker, 340 CR 32050, Brookston, Texas, spoke in favor of the petition. Plug Clem, Attorney spoke in favor of the petition. Mr. Clem stated if this gentleman will provide us with $200,000 will be glad to get this program off the ground. It will take time to get this business going and then we will be able to get it running the way it should be. The following individuals spoke in opposition of the petition. John Halliburton, 3955 FM 1495, Paris, Texas, spoke in opposition of the petition. Mr. Halliburton stated in response to Mr. Clem statement, they should bring people in during the eight to five business hours and then take them back to a living facility to keep theirs from roaming the streets. Enter letter into the record from Robert A. Burns and Donna Bryant, owners of property within 200 feet of proposed zoning change, letter is in opposition of petition. Public hearing was declared closed. Motion was made by Bee Gannon, seconded by Darin Manning to approve the zoning change. Motion carried 4 -0. Motion was made by Bee Gannon, seconded by Benny Plata to return Bill Harris to the meeting. Motion carried 4 -0. Public hearing and consideration of and action on the petition of Rocky Bluff, LLC for a change in zoning from a Planned Development District (PD -b) Housing development or community unit development to a General Retail District (GR) on Lot 13, City Block 259, being located in the 700 Block of Pine Mill Road. Public hearing was declared open. No one spoke in favor of the petition. No one spoke in opposition of the petition. Public hearing was declared closed. Motion was made by Bill Harris, seconded by Benny Plata, to approve the zoning change. Motion carried 5 -0. 9. Public hearing and consideration of and action on the petition of CEI Engineering Associates, Inc. for a change in zoning_from a General Retail District (GR) to a General Retail District (GR) with a Specific Use Permit (49) Auto Fuel Sales on Lot 1, Block A, Kroger Addition, being number 1310 Clarksville Street. Public hearing was declared open. The following individuals spoke in favor of the petition. Jeremy Yee, CEI Engineering, 3030 LBJ, Suite 100, Dallas, Texas, spoke in favor of the petition. Mr. Yee stated they are here to answer any questions. We are adding a fuel station to the Kroger with a 112 foot kiosk. Gerald, Kroger, 1331 Airport Freeway, Dallas, Texas, spoke in favor of the petition. Gerald stated this will be a three island gas station with a small kiosk. This will not create more traffic; Kroger is adding the gas station as a service to the customer. He further stated they do not feel it would create more traffic in the area. The following individuals spoke in opposition of the petition. Richard Eubanks, 347 12th Street S.E., Paris, Texas, spoke in opposition of the petition. Mr. Eubanks stated his back yard butts up to the Kroger parking lot. Mr. Eubanks is concerned about the additional traffic, noise, and drainage issues, his back yard sets about four feet lower than the Kroger parking lot and it floods during heavy rains. He further stated not totally against the fuel station, just against the additional problems that could occur. Mr. Eubanks is requesting Kroger to put up a sound barrier. Gerald Ringwald, 411 12th Street S.E., Paris, Texas, spoke in opposition of the petition. Mr. Ringwald stated they already have a lot of traffic vehicular and pedestrian going thru the alleyway. People are throwing trash over the fence and he is concerned with the addition of the gas station, will that make it worse. Public hearing was declared closed. Motion was made by Bill Harris, seconded by Benny Plata to approve the zoning change request. Motion carried 5 -0. 10. Public hearing and consideration of and action on the Site Plan for Bobby Smallwood on Lot 4, Block A, Townwood Estates #1 Addition, being number 2835 10`h Street N.E. Public hearing was declared open. The following individuals spoke in favor of the petition. Bobby Smallwood, 3116 Stillhouse, Paris, Texas, spoke in favor of the petition. Mr. Smallwood stated he is adding a three car garage to the property. No one spoke in opposition of the petition. Public hearing was declared closed. Motion was made by Benny Plata, seconded by Darin Manning to approve the site plan. Motion carried 5 -0. 11. Consideration of and action on the Preliminary Plat of Lot 1, Block A, Kroger Addition, being number 1310 Clarksville Street. Motion was made by Benny Plata, seconded by Darin Manning to approve the Plat, subject to the City Engineer's recommendations. Motion carried 5 -0. 12. Consideration of and action on the Preliminary Plat of Lot 1, Block A, Standridge Addition, being located in the 700 Block of Pine Mill Road. Motion was made by Bill Harris, seconded by Bee Garmon to approve the Plat, subject to the City Engineer's recommendations. Motion carried 5 -0. 13. Consideration of and action on the Preliminary Plat of Lot 1, Block A, Mirabeau Square 287 Addition, being number 3552 Lamar Avenue. Motion was made by Benny Plata, seconded by Bill Harris to approve the Plat, subject to the City Engineer's recommendations. Motion carried 5 -0. 14. Consideration of and action on the Final Plat of Lot 1, Block A, Mirabeau Square 287 Addition, being number 3552 Lamar Avenue. Motion was made by Bill Harris, seconded by Darin Manning to deny the Plat. Motion carried 5 -0. 15. Consideration of and action on the Preliminary Plat of Lots I and 2, Block A, Exum 250 Addition, being number 2085 Fitzhugh. Motion was made by Bill Harris, seconded by Darin Manning to approve the Plat, subject to the City Engineer's recommendations. Motion carried 5 -0. 16. Consideration of and action on the Final Plat of Lots I and 2, Block A, Exum 250 Addition, being member 2085 Fitzhugh. Motion was made by Benny Plata, seconded by Darin Manning to approve the Plat, subject to the City Engineer's recommendations. Motion carried 5 -0. 17. Meeting adjourned at 6:40 p.m. APPROVED THIS 8TH DAY OF SEPTEMBER, Curtis Fendley,