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06 - Boards & Commissions - MinutesItem No. 6 MINUTES PLANNING AND ZONING COMMISSION CITY COUNCIL CHAMBERS 107 E. KAUFMAN STREET PARISH TEXAS MONDAY OCTOBER 7 2019 5:30 O'CLOCK P.M. 1. 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 James O'Bryan, Sims Norment and Francine Neeley. Also present were staff members Carla Easton, Triniti Frazier, Stephanie Harris, Clyde Crews and concerned citizens. Z Citizen's forum (Persons desiring to address the Planning and Zoning Commission must limit their presentation to no more than two minutes. Unless an item is postedon the Agenda, the Texas open Meetings Actprohibits the Commission from responding to any comments other than to refer the matter to a future agenda, to an existing policy, or to a staff person with speck factual information. Claims against the City, Council Members, or employees, as well as individual personal appeals are not appropriate for citizens' forum) Citizen forum was declared open. With no one speaking, the citizen's forum was declared closed. 3. Approval of minutes from previous meeting. (September 5, 2019) Motion was made by Rick Hundley, seconded by Clifton Fendley to approve minutes for the September5, 2019 meeting. Motion carried 4-0. 4. Public hearing to consider and take action regarding the petition of Mike Davidson and Kenneth Dority for a change in zoning from a Two -Family Dwelling District (2F) to a Multi -Family Dwelling District No. 1(MF-1), in the City of Paris, Block 112-B, Lots 8 and 9, located in the 600 Block of SE 12'h Street. Easton states Mr. Davidson and Mr. Dority are proposing to build a number of duplexes as a managed lease property on two adjacent lots located in the 600 block of 12th Street Southeast. They did provide a rendering of what they are proposing to develop. All properties in the surrounding area are zoned 2F; however, the majority are single-family homes. The applicants are seeking this zoning change in order to construct multiple units without having to subdivide the property, which would require them to construct a public water line, sanitary sewer, and public street through the property. This zoning change would allow the development to proceed as a privately owned property. Based on the overall neighboring properties and the proposed use, we believe this zoning change is inconsistent with the land use plan, and is not appropriate with the surrounding uses. The construction of duplexes would be allowed by current zoning and could fit within the neighborhood. The applicants have indicated their plan is to construct multiple duplex units; however, a change to MF -1 would allow an apartment complex with up to three stories. Staff would support the construction of duplexes but not anything larger. Because of this, staff recommends denial of the change. Public hearing was declared open. Mike Davidson states that he and business partner Kenneth Dority would like to develop this property similarly to the development they completed on 23`d Street. Davidson provided pictures of the finished product on 23`d Street. He states they received many compliments for cleaning up the area. He states they want to put resources and money into Paris and hope the commission considers approving the zoning change. Rossie Fox, 520 SE 12th Street, states she is opposed to the zoning change request. She states this is a well-established neighborhood and there is a duplex in the area that poses a parking problem. Fox states the tenants that tend to live in duplexes are unsupervised. She does not want to see eyesores going up and she is concerned that it will depreciate the value of her home. Troy McCloud, 651 SE 12th Street, states he is opposed to the zoning change. He states there is enough traffic in the area. He states adding more housing and traffic in the area is going to be a problem. Barbara Rawlison, 500 SE 12th Street, states she is opposed to the zoning change. She states they have put everything into their home and it's a very quiet neighborhood. She states adding that many more homes would increase traffic and bring their property value down. Luanna Ballard, 640 SE 12th Street, states she is directly across the street from this development and she is opposed to the zoning change for all the reasons mentioned prior. Lee Dillard, 505 SE 12th Street, states he has been in home for thirty-five years and he is opposed to the zoning change. Public hearing declared closed. Motion was made by Chad Lindsey, seconded by Clifton Fendley to deny the petition. Motion carried 4-0. 5. Public hearing to consider and take action regarding the petition of Skyler Burchinal for a change in zoning from a Two -Family Dwelling District (2F) to a Multi -Family Dwelling District No. 1 (MF -1), in the City of Paris, Block 227-C, Lots 1, IA and IB located in the 1900 Block of E Booth Street. Easton states Skyler Burchinal is acting on behalf of Dawn M. Coulson, in asking for a change in zoning from 2F to MF -1 on three parcels located at the corner of 19th St NE and Booth St. The subject properties have varied types of residential uses in every direction. The future land use plan calls for this site to be low-density residential. However, a break line clearly exists along Tudor in regards both to zoning and actual development, with everything south of that line zoned medium and high density. There is significant multi- family zoning and development east across 20th as well. Therefore, based on the overall neighboring properties and the proposed use, we believe this zoning change, though technically inconsistent with the land use plan, is appropriate and can provide additional residential development space in a non -harmful manner and location. Public hearing declared open. Judith Malone, 1975 E Cherry Street, states she has a lot of concern due to the tremendous water problem in the area. She states it is directly related to overbuilding. Malone states that Booth Street is up on higher ground and as the water moves downward it follows the path of an old creek which has been a problem with flooding homes. She would like the city to table this rezoning until a study can be made of the effects of more building. She would like to be on the agenda to discuss this issue further. Brandon DelTorro, 2333 Lamar Ave, states he does not live within the 200 -foot buffer of the subject property but his business is down stream from the property. He states his business is regularly flooded. He provided a video of the flooding on a regular day of rain. His concern is the same as Ms. Malone. He wants to know what the city intends to do about the issue and if it possible to put things on hold until something is done. Mary Johnson, 1815 E Booth Street, states she is opposed to this zoning change request. She states they are surrounded by duplexes and they don't need any additional. She states they are concerned about safety for the children. Mike & Sharon Rick, 4429 FM 1503 Deport, TX 75435, owners of the 241 Street duplexes states they are concerned about the flooding issues. Mrs. Ricks states their bridge was washed out and had to be replaced. They have had to replace the carpets in the duplexes with tile because they were constantly having to dry the carpet and pads due to water coming into the homes. They are opposed to this request because they don't know how much concrete will be added and the flooding has not been addressed. Public hearing declared closed. Easton played the video provided by DelTorro. Easton states the way we handle new development is they have to detain on-site any increase in flow due to impervious surface. They have to provide their drainage calculations for how much water is to be detained on-site and then slow released to pre -project state. It is handled during site -plan review. Motion was made by Chad Lindsey, seconded by Clifton Fendley to approve the petition. Motion carried 4-0. 6. Consideration of and action on the Preliminary Plat of Lot 1, Block A of the Stephens 195 Addition, being located in the 3900 Block of FM 195. Easton states Jerry and Lynda Stephens are proposing to subdivide an 11.391 acre tract described as A7 W Askins survey, Tract 51, located in the 3900 block of FM 195 by creating a 0952 -acre lot. They propose to construct a single family home on the lot, utilizing the existing driveway to their son's property next door. In February of this year, the Stephens sought and received approval of a preliminary and final plat for a lot in the subject location. However, the final plat was not filed because the owners decided to change the shape of the proposed lot. As such, they have submitted a new preliminary plat and a final plat of the proposed property. Water service is available along FM 195. Sewer infrastructure is not available in the area; however, the lot size is adequate to accommodate an alternative sewer system. It appears that the preliminary and final plat comply with the City of Paris subdivision regulations. Staff recommends approval. Motion was made by Keith Flowers, seconded by Clifton Fendley to approve the Preliminary Plat. Motion carried 4-0. 7. Consideration of and action on the Final Plat of Lot 1, Block A of the Stephens 195 Addition, being located in the 3900 Block of FM 195. Easton states this is same item for Final Plat and staff recommends approval. Motion was made by Rick Hundley, seconded by Keith Flowers to approve the Final Plat. Motion carried 4-0. 8. Consideration ofand action on the Preliminary Plat of Lot 1, Block of the Hanning EST Addition, being located on Haning Dr AKA County Road 42640. Easton states Lamar County Water Supply District owns 1.1542 acres in the City's extraterritorial jurisdiction along Haning Drive, and is proposing to construct a new elevated storage tank. The property is not zoned, as it is outside of the city limits. The owner has submitted a preliminary and final plat of the proposed lot, in conformance with the subdivision regulations. City sewer is not available and is not needed for the project, and water service is provided by Lamar County Water Supply. It appears the plan conforms to the requirements of the subdivision regulations for platting in the ETJ. Staff recommends approval. Motion was made by Clifton Fendley, seconded by Keith Flowers to approve the Preliminary Plat. Motion carried 4-0. 9, Consideration of and action on the Final Plat of Lot 1, Block A of the Hanning EST Addition, being located on Haning Dr AKA County Road 42640. Easton states this is same item for Final Plat and staff recommends approval. Motion was made by Keith Flowers, seconded by Rick Hundley to approve the Final Plat. Motion carried 4-0. 10. Continue the 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 the Zoning Ordinance currently includes specifications for proper location of primary and accessory structures on properties within the city limits, however there is no definition of what types of structures shall be considered for permanent placement. Containers are currently permitted for temporary use only, typically in conjunction with a building remodel project or on construction sites. Persons applying for an accessory structure permit to place a portable storage unit or shipping container permanently on their property are denied under the existing ordinance. There are many locations where businesses and homeowners have chosen to utilize them for permanent outdoor storage for their business or personal needs. These types of units have an industrial metal exterior, and can potentially affect the look and feel of an area if allowed to be placed just anywhere on a lot. As such, it is important for the city to set expectations for where these units are appropriate within the community. The need for such regulation is identified in the 2018 Comprehensive Plan Update as recommendation 15.16, and in August 2019 the city council supported staffs plan to update the zoning ordinance to include regulations for container structures within the city. Staff is proposing to add a definition that will include portable storage structures, or shipping containers, as an allowable structure under the accessory building regulations. In residential districts, we propose standards that limit the number and size of such structures on a piece of property. In non-residential areas we propose standards for seasonal storage, addressing safety concerns, and requiring permanent structures to be moved away from the front of properties. This would allow these units to be used, but in a more responsible manner and consistent with other restrictions in place for accessory buildings. Public hearing was declared open. Billy Taylor, states he has a business on Lamar and if something is not worked out for businesses then he will be moving out. Richard Thompson, 3206 Bonham, asked if these containers can be used as screening walls. Easton responded that containers are not an allowable fencing material. Billy Collard, owner of Portable Storage Solutions. He states that temporary storage rental is a big part of their business. He states he has met with city staff and he is fine with the draft ordinance as written. Tim Johnson, 2246 Bonham, states he has two storage containers on his property that he purchased from Portable Storage Solutions. He states he is for the change if it allows storage containers to be permitted so they can keep them. Public hearing was declared closed. Motion was made by Clifton Fendley, seconded by Chad Lindsey to approve this item. Motion carried 3-1 with Flowers in opposition. 11. Adjournment. Motion made by Keith Flowers and seconded by Rick Hundley to adjourn. Meeting adjourned at 6:30 p.m. APPROVED THIS 4th DAY OF NOVEMBER, 2019 ✓ ✓ Chairman SPECIAL MEETING MINUTES CITY OF PARIS BOARD OF ADJUSTMENT CITY OF .IS CITY •_. TUESDAY,L I OCTOBER t '' 12:00 # # r 1. The Board of Adjustment meeting was called to order by David Hamilton, Chairman at 12:00 p.m. The following members were present: David Hamilton, Benny Plata, Louise Hagood and Ruth Ann Alsobrook. Also present was Stephanie Harris, Carla Easton, John Ankrum and concerned citizens. 2. Approval of minutes from previous meeting. (September 10, 2019) Motion was made by David Hamilton, seconded by Ruth Ann Alsobrook to approve minutes for the September 10', 2019 meeting. Motion carried 4:0. 3. Public hearing to consider- and take action on the petition of Doreen and Ron Ruthart on Lot 21, City Block A, Willowerest #2 subdivision, being located at 2635 Crescent Street. 4. Public hearing to consider and take action on the petition of Doreen and Ron Ruthart on Lot 22, City Block A, Willowerest #2 subdivision, being located at 2625 Crescent Street. The petitions requested a variance of Section 9-501 of the Zoning Ordinance which provides as follows: ( 1) Schedule minimum front yards- Residential districts. Twenty-five (25) feet required in front yard for SF -2 zoning. The applicant is requesting a variance of ten (10) feet for the required front yard on both properties 2635 and 2635 Crescent Street so that the proposed houses line up with existing homes. Board Members decided to consider and take action on both like variances together. Public hearing was declared open. Doreen and Ron Ruthart, property owners, explained that years ago another contractor had received the same variance on a neighboring lot. They are requesting this variance so that the houses can be in line with the other houses and that the future homebuyer can have a decent size backyard. Sheila Simmons, of 2642 and 2640 Beverly, spoke in opposition of any construction due to her concern of drainage and erosion. Carla Easton, notified Simmons that she would meet with her at a separate time to discuss the drainage issues since they were not relevant to the variance request. No one else spoke in favor or opposition. Public hearing was declared closed. Board members agreed that they did not see an issue with the houses being in line and that it would be better for the future homebuyer to have a decent sized backyard. Motion was made by Louise Hagood, seconded by Ruth Ann Alsobrook to approve the variance to Section 9-500 of the Zoning Ordinance. Motion carried 4:0. 5. Meeting adjourned 12:18 p.m. APPROVED THE 5TH DAY OF NOVEMBE `.:119. t r , Chaik an 11-07