04/17/2018 - MinutesMINUTES
PLANNING AND ZONING COMMISSION
CITY COUNCIL CHAMBERS
107 E. KAUFMAN STREET
PARIS, TEXAS
TUESDAY, APRIL 17,2018
5:30 O'CLOCK P.M.
The meeling of the Planning and Zoning Cor nnission was called to or tit 5:32 p, m, by
Keith F�Iowers, (,'hairm(in.
The following members were present: James O'Bryan, Keith Flowers, Mark Pankaj,
John Lee and Chad Lindsey
Also present were John Godwin, City Manager; Carla Easton, City Engineer; Triniti
Frazier, City Staff-, and concerned citizens,
2. Aj)pro val qfminutes ftom previous meetings. (41)ril 2, 201 �)
Motion was made by Chad Lindsey, seconded by Mark PankE�j to approve minutes for the
April 2, 2018 meeting. Motion carried 6-0.
3. Public hearing it) consider and take action regarding the petition qf the ("ity QfParis,
Texas to uj)date Zoning Ordinance No. 17.10 qf1he ('it), ql'Paris, Texas", specifically
creating sel.nirate land uses,/or VelerinwY Clinics treating sinall and larg'e animals,
dqfining these uses, establishing the zoning disirictsfi5r each use, and eliminating the
I
current entry in the Zoning Ordinanee regarding Veterinarian Clinic and Kennels.
John Godwin, City Manager, states it unmakes sense to distinguish between small animal
clinics and large animal clinics also, for some locations the best available zoning tool to
protect existing development while encouraging new growth is the SUP process. This
process allows the City to add specific performance standards, which the April 2nd
applicant offered, but which could not be enforced in straight zoning. The City
reconimends a new use definition as follows: "Any facility maintained by or for the use of
a licensed veterinarian in the diagnosis, treatment, and/or the prevention of animal diseases
or medical maladies wherein the animals are limited to dogs, cats, or other comparable
household pets," This use would be allowed in:
• General Retail (GR) with Specific Use Permit
• Commercial (C)—perinitted outright
• Light Industrial (1.1)—permitted outright
Heavy Industrial (EII)—permitted outright
• Agricultural (A)—permitted outright
• Office (0) with Specific Use Permit
• Central Area (CA)—permitted outright
A second new use definition, for large animals (typically livestock) would be: "Any
facility maintained by or for the use of a licensed veterinarian in. the diagnosis, treatment,
and/or the prevention of animal diseases or medical maladies wherein the animals served
are typical farm animals such as horses, cattle, and sheep, or other comparable animals. As
necessary, outside medical service shall be permitted on site of said facility." 'chis use
would be allowed in
0 General Retail (GR) with Specific Use Permit
0 Commercial (C) with Specific Use Permit
0 Light Industrial (LI) . ...... permitted outright
0 Heavy Industrial (HI) --permitted outright
0 Agricultural (A...) -------permitted, outright
The city staff recommendation to the city council is new, updated definitions for veterinary
clinics and expand the locations in which they may be built and operated.
Public hearing was declared open.
No one spoke in favor of the petition and three individuals spoke in opposition, A petition
was submitted by Connie Justice for citizens in opposition of "Spot Zoning, Special Use
Permit, or Zoning Change to permit 1029 Lamar Avenue being used as a Veterinarian
Clinic".
Connie Justice, 1005 Lamar Avenue, spoke in opposition Of the Petition. MS, Justice stated
she feels the ordinance is being changed for one person and it's going to affect everyone in
General Retail. Ms. Justice states she owns the apartment complex next to the subject
property and it is her obligation to speak Lip for her tenants, 'nicy have been there for years
and like living there. She states her tenants would be within 15 feet of the veterinarian
clinic and she is concerned about the smells, noise, and chemicals associated with a
veterinarian clinic. Ms. Justice stated in recent years she has contacted the city in regards to
sewer stoppage problems and wants to know if the added usage that may include hay and
manure will make the sewer problems worse. Ms. Justice further states that school children
walk along the property and horses would be an attraction for children to stick their hands
in the trailers to pet the animal and that could be dangerous. MS,. Justice wants to know who
would be responsible for damages. Ms. Justice asked if Dr. O' Bryan sells his practice does
it have to go back before the Planning and Zoning Commission, Chairman Keith Flowers
addressed MS. Justice to advise that any new veterinarian practice would have to apply for
a Specific Use Permit. Chairman Flowers reminded Ms. Justice that this item is for a
zoning change throughout the city and is not a particular case or specific piece of property,
Ms. Justice asked that the board deny the petition.
Bobby Porter, 143 NE I Ot" Street, spoke in opposition of the petition, Mr. Porter asked
what is wrong with the way the zoning is now. Commissioner, Dr. O'Bryan addressed Mr.
Porter to advise that Veterinary medicine is practiced much different than it was when the
zoning ordinance was initially created because most animals are domesticated now and
most home owners have pet dogs and cats. Mr. Porter stated that everything is Just fine the
way it is so why change it. Mr. Porter is concerned about increased traffic and the smell of
animals. Mr. Porter says he will have to sell his property and move.
Sherry Ross, 1005 Lamar Ave Apt.# 6, spoke in opposition of the petition. Ms. Ross states
she has lived near a Veterinary clinic in the past on N. Main and she is concerned about the
increased traffic in certain places with having to bring in horse trailers. She states dogs in
kennels bark all night from her experience living next to a veterinary clinic.
Public hearing was declared closed,
Commissioner Lindsey asked City Manager, John Godwin would this zoning change to the
ordinance allow for things like landscape buffers, restricting noise levels and etc. Mr.
Godwin answered almost anything to the performance standard nature that includes, use,
hours, noise, lights, landscaping etc. can be tailored for a specific piece of property.
Motion was made by Chad Lindsey, seconded by John Lee to recommend approval of this
petition to city council as written. Motion carried 4-1 with James O'Bryan in opposition.
4. Public hearing to con.yider and take action regarding the petition of James O'Bryan,
D. KM.
for a change in zoningftoni a General Retail Di.wricl (GR) to a General Retail
District (GR) ivith ci,'pecific Uye Permit (WJI')Jor a Veterinoty Clinic, in the C'ily (Y'Paris,
Block 32-(,,, Lot 2 bein�,, located (it 1029 Lainar A venue.
James O'Bryan recused himself from. item 4.
Motion was made by Keith Flowers, seconded by Mark Pard,,aj to recuse James O'Bryan
from item 4. Motion carried 4-0,
John Godwin, City Manager states city staff recommends to the city council a zoning
change from General Retail to General Retail with a Specific Use Permit to include the site
layout plan and building drawings provided by the applicant and any other standards
agreed upon by the commission and applicant.
Public hearing was declared open.
Three individuals spoke in favor of the petition and four individuals spoke in opposition of
the petition.
Sybil Colson, 805 & 819 Lamar Ave, spoke in opposition of the petition. Ms. Colson states
this petition is not consistent with the neighborhood. She states there are older homes there
and the veterinary clinic is not suitable for the traffic it will bring through there. Ms. Colson
further states the infrastructure for that area is old and already has problems and a
veterinary clinic would add on to the problem and she is requesting that this petition be
denied.
Connie Justice, 1055 Lamar Avenue, spoke in opposition of the petition. Ms,, Justice states
that her property adjoining this clinic is a 14 -unit apartment complex with children and you
are putting noise and animals next to children. She is concerned for the children that will be
exposed to the chemicals used to kill the insects that are attracted to animals. Ms. Justice
states this property is her retirement plan and this will cut her incoine in half. She states this
clinic needs to go in a different area and not near her tenants and children 15 -feet away.
Ms. Justice further stated she read online on the amount of manure produced by horses and
that hay is used for bedding and she is concerned with how that can affect the city sewer.
Ms. Justice asked what happens to the dead animals and ammonia used to eliminate urine
smells and manure. Ms. Justice asks the board to vote no on this petition.
Robert Spain, 6,55 Church Street, spoke in favor of the petition. Mr. Spain states he was
previously on the Planning and Zoning board and they were able to place a review period
on the Specific Use Peirnits to ensure neighbors and everyone else around, that the
property owner does what they are supposed to do, If during that period the property owner
does not maintain what is specified they will forfeit their permit. Mr. Spain states any
Specific Use Permit should have some type of review process for 3-5 years.
Mike Malone, 3180 Marble Street, spoke in favor of the petition, Mr. Malone states a
Special Use Permit will address the concerns brought to you by the people in the
neighborhood. He is in favor to develop property in the community that is undeveloped.
Mr. Malone states he takes his zminials to Dr. O'Bryan and has experienced a clean,
organized veterinarian clinic and has not heard any noise. Mr. Malone states he believes
that Dr. O'Bryan would be a good neighbor for the community.
Dr. James O'Bryan, 2725 Clarksville, spoke in favor of the petition, Dr. OBryan states this
will be a professional veterinarian clinic centrally located for clients and is not in any way
wanting to force anyone to move. Dr. O'Bryan states that being a good neighbor is of
utmost importance. Dr. O'Bryan states this is a closed, contained building where animals
will be secure and appointments are scheduled for specific purposes, where animals are
treated and discharged. Dr. O'Bryan further states lie is currently operating in the city
limits now with no con-iplaints.
Commissioner Flowers asked Dr. O'Bryan if this is approved can some type of screening
be placed between the properties to address some of the citizens' concerns. Dr. O'Bryan
stated that the type of insulation used will prevent noise as well as sound deafening devices
will be in place.
Ruth Ann Harris, 1005 Lamar Avenue, spoke in opposition of the petition. Ms. Harris
asked how many people have large animals inside the city limits. She states large animals
are on large acres of land and this lot is too close to other people.
Betty Sawyer, 2550 E Cherry Street, spoke in opposition of the petition. Ms. Sawyer states
she spends a lot of time in this area and does not want a veterinarian clinic close by. Ms.
Sawyer asked if dead animals were placed in dunipsters like other practices do.
Dr. O'Bryan states they have never put animals in a dumpster nor will they ever do that. All
of their animals are taken for cremation at a facility in Carrollton. Dr. )'Bryan states the
liability concern WOUld be on the practitioner and they take every precaution to minimize
any liability.
Public hearing was declared closed.
Motion was made by John Lee, seconded by ;had Lindsey to approve the petition with
noted conditions for applicant to provide a vegetative buffer screen between the subject
property and apartment complex at 1005 Lamar Avenue, following noise restrictions as
well as meet all commitments as discussed in Dr. O'Bryan's presentation at the April 2„ d
meeting. Motion carried 4-0.
5. Meeting a(,Ijourne(l al, 6:5 71). m.
APPROVEDTHIS 7th DAY OF MAY, 2018
w.Chairman