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09/05/2019 MinutesMINUTES PLANNING AND ZONING COMMISSION CITY COUNCIL CHAMBERS 107 E. KAUFMAN STREET PARIS, TEXAS THURSDAY SEPTEMBER 5 2019 5:30 O'CLOCK P.M. The meeting of the Planning and Zoning Commission was called to order at 5:30 p.m. by Keith Flowers, Chairman. All members were present with the exception of Clifton Fendley and Francine Neeley. Also present were staff members Carla Easton, Triniti Frazier, Stephanie Harris and concerned citizens. 2. Approval of minutes from previous meeting. (August 5, 2019) Motion was made by Sims Norment, seconded by Rick Hundley to approve minutes for the August 5, 2019 meeting. Motion carried 5-0. 3. Public hearing to consider and take action regarding the petition of James Martinez for a change in zoning from an Agricultural District (A) to a Two -Family Dwelling District (2F), in the Suburban Estates Addition, Block B, Lot 1, located at 4315 Pine Mill Road. Easton states the applicant is proposing to change the zoning in order to build a single duplex on this lot. This area is a single-family residential subdivision. Pine Mill is considered to be the dividing line with single-family on the north and multi -family on the south. Based on the neighboring properties and the proposed use, coupled with the comprehensive plan future land use, staff believes this zoning change is not appropriate. Public hearing was declared open. James Martinez, 820 SE 47th Street, owns the subject property. Martinez states there are several duplexes and triplexes across the street. The single-family home next door is a rental property. Martinez asked the commission for approval of the zoning change to build a duplex. Public hearing declared closed. Chad Lindsey states he agrees with city staff that there is a clear dividing line and future land use shows this to be single-family. Sims Norment and Keith Flowers agree with the applicant that there are several multi -family units across the street. Motion was made by Keith Flowers, seconded by Sims Norment to approve the petition. Motion carried 3-2 with James O'Bryan and Chad Lindsey in opposition. 4. Public hearing to consider and take action regarding the petition of Kenneth Dority and Bailey Asay on behalf of Kenneth Gregory Winn for a change in zoning from a Single - Family Dwelling District (SF2) to a Four -Family Dwelling District (4F), in the City of Paris, Block 222-B, Lot 19, located at 2508 E Price Street. Easton states the subject property is a vacant lot located on the southeast corner of Price and 25th NE. There is a wide variety of different types of residential properties in the immediate area, including a few single family homes, many duplexes and triplexes, and immediately across the street, a group of apartments. This property is also diagonally across the intersection from Wade Park. It seems impractical that this corner could ever be developed as s single-family house so its best use would likely be medium density, Staff recommends approval of this petition. Public hearing declared open. Kenneth Dority, 4680 Boulder Ln, states this is a high traffic area and does not believe a anyone would develop a single-family home here. He states the south side of this property is commercial use and across the street is an apartment complex. Public hearing declared closed. Motion was made by James O'Bryan, seconded by Keith Flowers to approve the petition. Motion carried 5-0. 5. Public hearing to consider and take action regarding the petition of Lisa Short for a change in zoning from a Two -Family Dwelling District (2F) to an Office District (0), in the Mayer Addition, Block 4, Lot 23, located at 3206 Bonham Street. Easton states Lisa Short is applying for a zoning change to accommodate her income tax office that has been there at her residence. We have received input forms with ten being in opposition and one in favor. Staff supports the zoning change as it in line with our future land use plan Public hearing declared open. Sherry Pritchett, 99 NW 32°a Street, states she is in support of the zoning change request since Short's income tax office has been there for numerous years with no documented incidents to her knowledge regarding traffic. She urges the commission to approve the petition. Lisa Short, 3206 Bonham Street, states she has been running a business at this location for over 30 -years with no complaints filed. She states her business is seasonal and there are business all along Bonham. Short asks that the commission approve this petition. The Moore Law Firm, 100 N Main Street, states that Lisa Short is their client and she wanted to give some background information so the commission is informed. She states there is an underlying litigation between Short and one of her neighbors. She states these neighbors had been cordial the entire time they have lived next door to each other. Any complaints that have come forth since the beginning of this year after litigation. Kim McCann, 3220 Bonham Street, states there is a code of ethics for commissioners and O'Bryan should not be advocating for a particular agenda item. Chairman Flowers addressed McCann and advised that he spoke with the City attorney who advised that it was not requirement for O'Bryan to recuse himself from the item being that he has no financial interest in the subject property. She states she opposes this request as well as several neighbors that are in opposition. Public hearing declared closed. Motion was made by Sims Norment, seconded by Rick Hundley to approve the petition. Motion carried 5-0. 6. Public hearing to consider and take action regarding the petition of Michael Hall for a change in zoning from a Commercial District (C) to a Multi -Family Dwelling District (MFI), in the Hall Addition CB 154, Block A, Lot 3, located at 801 W Washington Street- LCAD Parcel 16475. Easton states this request came forth with no proposed development from the owner. Staff met with the realtor representing the owner who has advised there has been issues with selling the property due to some inconsistencies in the zoning. The applicant has a home that is built on a lot that was zoned SF3 with an SUP for a mobile home back in 2014 or 2015 but the two adjacent lots were not changed at that time. Now you have a SF3 surrounded by LI and HI. The future land use recommends Light Industrial for this entire area which is common along railroad right-of-way. However, given that there is multifamily on the north side of Washington Street the city can support a change to MF L Public hearing declared open. Shellie Stephens- Century 21 Harvey Properties 2550 Lamar Ave, states she is the realtor representing the applicant, Mr. Hall. She states they had this property under contract at one time, however, when it came time for appraisal the buyer had to terminate the contract. Stephens further states it was based on the lenders determination of the marketability of the property since it was a residential property in the center of two commercial tracts. The current market activity in that area shows that residential property is more marketable than commercial and industrial buildings and/or property. Stevens states in that quadrant of the city in the last few years there was 42 residential properties sold with a sales volume of 3 million dollars versus commercial properties in this quadrant with 5 properties sold with a volume of $787,255.00. She states they went through seven appraisers trying to get an appraisal and it was determined that lenders are not going to make loan on a residential tract with commercial zoning. Skipper Steely, 801 W Sherman, asked if the property owner hasn't paid back taxes if he could ask for a zoning change. Chairman Flowers advised that doesn't have anything to do with zoning. He states the neighborhood is not in support of this zoning change request. Public hearing declared closed. Motion was made by Chad Lindsey, seconded by Keith to approve the petition. Motion carried 5-0. Public hearing to consider and take action regarding the petition of Michael Hall for a change in zoning from a Light Industrial District (LI) to a Two -Family Dwelling District (2F), in the Hall Addition CB 154, Block A, Lot 2, located at South Side W Washington Street- LCAD Parcel 22108. Easton states this is same item, same issue only we are talking about the LI tract. The city is not opposed to this change to 2F. Public hearing declared open. With no one speaking the public hearing was declared closed. Motion was made by Keith Flowers, seconded by Chad Lindsey to approve the petition. Motion carried 5-0. 8. Public hearing to consider and take action regarding the petition of the City of Paris, Texas to update Zoning Ordinance No. 1710 of the City of Paris, Texas, specifically modifying regulations for Storage Containers. Easton states we are proposing to update the zoning ordinance to add a definition for storage containers since currently it is up for interpretation with a lack of direction on what to do when citizens want to install a storage pod/ temporary storage container. This is a way to classify storage containers, define what they are and where they can be used so that staff knows how to move forward with permitting them. Keith Flowers states he doesn't see the need for this in commercial zoning. Easton states we have had issues with pods being placed in a fire lane or blocking an exit and we've had to visit with them. O'Bryan would like to see more information and complaints received. Lindsey states he doesn't see where a pod should be allowed as a permanent structure in residential zoning districts. Flowers would like to revisit this topic next month and would like staff to speak with someone from the storage container industry and ask that they be here to discuss. Motion was made by Keith Flowers, seconded by James O'Bryan to leave this item open until the October 7, 2019 meeting. Motion carried 5-0. 9. Discuss commission procedures regarding citizen input. Easton asked the commissioners if they wanted citizens input at the beginning, end or at public comment of each agenda item. Commissioners agreed to have the citizen's forum at the beginning of the meeting with a maximum of 2 -minutes per person. 10. Adjournment. Motion made by Keith Flowers and seconded by Rick Hundley to adjourn. Meeting adjourned at 6:35 p.m. APPROVED THIS 7t' DAY OF OCTOBER, 2019 4 Chairman