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10/05/2020 MinutesMINUTES PLANNING AND ZONING COMMISSION CITY HALL ANNEX CONFERENCE ROOM 150 SE 1st STREET PARIS TEXAS TUESDAY OCTOBER 05 2020 5:30 O'CLOCK P.M. The meeting of the Planning and Zoning Commission was called to order at 5:3 Op. m. by Chad Lindsey. Commissioners Present: Francine Neeley, Chad Lindsey, Michael Mosher, Clifton Fendley, Austin Anthony, Tylesha Ross and Sims Norment. City Staff: Carla Easton, City Engineer; Grayson Path, City Manager; Triniti Frazier, Development Coordinator; Stephanie Harris, City Attorney; Clyde Crews, Fire Marshal; Steve Clifford, City Council Liaison/Mayor 2. Citizen's forum (Unless an item is posted on the Agenda, the Texas Open Meetings Act prohibits 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 specific factual information. Claims against the City, Council Members, or employees, as well as individual personal appeals are not appropriate for citizens' forum.) Citizen's forum was declared open. Paula Portugal, 2020 NE 38th Street states she is here with some her constituents that are opposed to one of the zoning changes and she urges the commission to faithfully listen to them. The citizen's forum was declared closed. 3. Approval of minutes from the meeting of September 8, 2020. A Motion to approve the minutes for the September 8, 2020 meeting was made by Clifton Fendley, seconded by Francine Neeley. Motion carried 5-0. 4. Public hearing to consider and take action regarding the petition of Steven Asay for a change in zoning from a One -Family Dwelling District No. 2 (SF -2) to a Two -Family Dwelling District (2F), in the City of Paris, Block 253-B, Lot 13, LCAD 18086, located at 2126 E Polk. Carla Easton states that Steven Asay has demolished the dilapidated structure at 2126 E Polk and proposes to build a new duplex. The future land use plan recommends this area to be used as low density residential. However, existing zoning on the north side of E Polk Street is already 2F, and the property directly south is zoned 2F. Existing land uses are primarily single family residential, with the exception of the two duplexes. The zoning change request would allow a use that already exists in the area. If approved, this zoning change will further the transition of this area to a medium density residential area. There were no citizen input forms were received on this item. The public hearing was declared open. Steven Asay spoke in favor of this item stating that he would like to develop this lot with constructing a duplex. The public hearing was declared closed. A Motion was made to approve this item by Clifton Fendley, seconded by Austin Anthony. Motion carried 7-0. 5. Public hearing to consider and take action regarding the petition of Keeson Martin on behalf of the First Assembly of God Church of Paris, Texas for a change in zoning from a Single -Family Dwelling District (SF -2) to a General Retail District (GR), in the City of Paris, Block 296, for PT of Lot 9, LCAD 18566, located at 3475 Lamar. Carla Easton states The First Assembly of God Church is proposing to sell a portion of their lot. The property is currently used as the church gymnasium / fellowship hall. Mr. Martin proposes to develop the western portion with a new quick service drive-thru restaurant. The future land use plan recommends this area for retail use, primarily because of frontage along Lamar Avenue. The zoning change request complies with the recommendations in the comprehensive plan, and staff is in support of this zoning change. Public hearing was declared open. Mickey Ellis, Pastor of First Assembly of God Church spoke in favor of this item. Public hearing was declared closed. A Motion to approve this item was made by Sims Norment, seconded by Austin Anthony. Motion carried 7-0. 6. Public hearing to consider and take action regarding the petition of Skyler Burchinal on behalf of Royal Realty and Investments LLC for a change in zoning from a Single -Family Dwelling District (SF -2) to a Two -Family Dwelling District (2F), in the City of Paris, Block 259, Lots 16, 21, 33-A, LCAD 18278, located at 650 NE 26th. Easton states that Mr. Burchinal proposes to subdivide the property in order to develop it as a residential street for single and two-family homes. The future land use plan for this site recommends a split use, with low density residential on the north and medium density residential on the south. Single family and duplex development is ideal for this location, according to the plan. Existing land uses in the area include single family residential to the north and west, with a church and storage facility to the east and southeast, and additional single family and duplex residential to the south along 26th NE. Water and sewer utility extensions would be required at time of the subdivision. A number of citizen input forms were received. One input form was in support of the zoning change and fourteen were opposed. Public hearing was declared open. Skyler Burchinal spoke in favor of this item. He states he is the contractor on this development and is talking to investors on how to make it financially possible to do something with this land. He has talked to the city about installing water, sewer, curb, gutter and street. The street would connect from NE 25" to NE 26th. They propose to sub- divide the property into approximately 26 lots to accommodate a mix of single-family homes and duplexes. The following spoke in opposition of this zoning change with concerns of traffic, noise, safety and drainage issues: Dee Martin, lives on Ridgeview Donna James, 2620 Ridgeview Cathy Jackson, 2540 Ridgeview Jennifer Jackson, 2540 Ridgeview Steve Ekstrom, 725 Medalist Sheilah Seymour, 2710 Ridgeview Norma Jackson, 2530 Ridgeview Karen Taylor, 2625 Ridgeview The following spoke in favor of this zoning change: Luke Wright, property owner, states they have spoken to multiple experts to address drainage issues. They plan to have two entrances from NE 25th and NE 26th Street, which would help divert traffic in the area. Development in this area would protect their investments and give multiple people a place to live. Public hearing was declared closed. A motion to approve this item was made by Michael Mosher, seconded by Sims Norment. Motion carried 7-0. 7. Consideration of and action on the Replat of Lot 1, Block of the AAA Mini Storage Addition, LCAD Property ID 126622, located in the 1300 Block of NW Loop 286. Easton states Sky -Mar Ventures, LLC owns Lot 1 Block A of the AAA Mini Storage Addition located along the NW Loop 286. The property is currently zoned Light Industrial, and was developed with a self -storage warehouse in 2017. The preliminary plat was approved October 3, 2016, and final plat approved in January of 2017, which included a 50' access and utility easement through Lot 1 to the remainder parcel to the south. The owner is proposing to add commercial and RV storage to the development in the area of the access and utility easement, which is currently not occupied by any utility. The owner has submitted a replat of the property, abandoning the easement to accommodate the proposed development. It appears that the replat complies with the City of Paris subdivision regulations. A motion to approve this item was made by Clifton Fendley, seconded by Francine Neeley. Motion carried 7-0. 8. Consideration of and action on the Preliminary Plat of Lots I and 2, Block of the Mo Jo Woods CB 249 Addition, LCAD Property ID 17986 and 108624, located in the 3000 Block of Clarksville. Easton states the owner has submitted a site plan and preliminary plat of the proposed development, which provides access from Pride Circle only. City water and sewer are available along Clarksville Street. Access to Lot 1 is provided from Pride Circle, and access to Lot 2 is from Clarksville Street. The property is not located in a FEMA designated flood zone. It appears that the preliminary plat complies with the City of Paris subdivision regulations with the following revisions: 1. Cul-de-sac radius shall be 50' paved 2. Fire hydrants shall be located in the approach to the cul-de-sac, not within the radius Consideration should be given to the means of access to Lot 1 from Pride Circle, taking into consideration the input from the neighborhood presented at the July P&Z meeting. A major component to proper urban planning is the separation of neighborhoods from more intense uses through enforcement of zoning. Typically a retail or service district would not be allowed access from a residential street, instead having direct access to a collector road. Duplexes are still residential use, but a higher intensity than the surrounding area. Adding four duplexes in this location will not be detrimental to traffic flow or cause congestion on Pride Circle, but it will be noticed by the neighbors and should be given close consideration before approval. The following citizens' comments were heard during this item opposing access from Pride Circle through to Clarksville Street: Terry James, 3130 Pride Circle Meyers Hurt, 3125 Pride Circle Guy England, 3065 Pride Circle Mary Lou Coe Tanya Smyers, Realtor Monte Moore, 530 Laurel Lane, states he owns the property and asks the commission to consider approval of the preliminary plat. A motion to approve this item was made by Michael Mosher, motion failed due to the lack of a second. A motion to deny this item was made by Chad Lindsey, seconded by Clifton Fendley. Motion carried 5-2 with Michael Mosher and Tylesha Ross opposed. 9. Consideration of and action on the Final Plat of Lot 1, Block of the 271 North Trailer CB 306E Addition, LCAD Property ID 109964, located in the 3500 Block off. Main. Easton states the owner submitted a preliminary plat of the property in January 2020, and is now ready to proceed with the final plat. Water service is available along US 271 frontage, however sanitary sewer is not readily available to the site. An alternative system will be approved for immediate use, and the developer will be required to install a 4" sewer force main pipe across the property frontage for future use as part of the site development. Final location of fire hydrants will be reviewed during the site plan approval process by staff. It appears that the final plat complies with the City of Paris subdivision regulations. A motion to approve this item was made by Francine Neeley, seconded by Clifton Fendley. Motion carried 7-0. 10. 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 residential uses in General Retail and Commercial zoning districts. Easton states that staff has drafted an ordinance amendment to allow single-family residential land use within the C and GR zoning districts by SUP for existing structures only. The two options preferred by the commission were reviewed. OPTION 1: m Allow Residential Uses in GR and C Districts b�_w Specif c UsePermit SUP Only, This option would require review of each residential use proposed in the GR and C districts on a case-by-case basis. Regardless of the type of structure, an applicant (once approved by P&Z and Council) could remodel an existing building OR build a new building to be used for residential purposes in the GR or C districts. This option accommodates the land use while maintaining the underlying zoning district, and would avoid the use of spot zoning for these types of applications. PTION 2 PREFERRED Allow Residential Uses in GR and C Districts by Specific Use Permi t iSUPI for Existing Structures Built as a Residential Home Only This option is similar to Option 1, except that it applies to single family residential only and a new definition would be required under Section 12.100 Specific Use Permits to read "Single family residential use of existing buildings that were originally constructed as a single family residential home, in GR and C Districts. No new construction permitted." The commission discussed an additional clause allowing replacement of a home when loss is due to natural disasters. Because the intention is to allow the use of existing homes, and not promote construction of new homes in these districts, a clause of this type would be counter to planning principles for appropriate separation of land uses. Should such an unfortunate event take place, the remedy would be for the landowner to request a change in zoning to a residential district prior to the new construction. Staff recommendation is to approve of an amendment to Sections 8-101 and 12-100 of the Zoning Ordinance, allowing single-family residential uses in the Commercial and General Retail zoning districts by Specific Use Permit, adding a definition for the Specific Use Permit, and limiting it to existing residential structures. Public hearing declared open. With no one speaking, the public hearing was declared closed. Commissioners provided feedback. Fendley and Mosher state they prefer Option 1. Lindsey preferred Option 2. A motion to table this item was made by Michael Mosher, seconded by Clifton Fendley to direct staff to draft an ordinance for Option 1. Motion carried 6-2 with Tylesha Ross and Austin Anthony opposed to Option 1. 11. 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 adding a new definition for Vehicle Storage Facilities and establishing regulations for them. Easton states at the September Planning and Zoning Commission meeting, staff presented a new land use for vehicle storage facilities for consideration. The commission discussed the use and provided direction for the draft ordinance. Because there needs to be a distinct difference between vehicle storage facility and any facility allowing wrecking and salvage of parts and scraps, staff is recommending the following definition be added to the Zoning Ordinance: Vehicle storage facility means a state licensed garage, parking lot, or any type of facility owned by a person other than a governmental entityfor storing or parking vehicles as defined by state law, where no vehicle repairs or dismantling ofparts is permitted. When deciding the appropriate zoning districts for vehicle storage facilities, it is important to consider the type of operations at these facilities and how that may impact surrounding land uses. It is extremely important that this type of business have access to an arterial street so that towing of vehicles to the storage facility can be achieved along major roadways without entering quiet neighborhoods. Also of importance is the visibility of stored vehicles from the public way, and what sort of aesthetic impact the storage lot may have on the surrounding area. Staff recommends an amendment to Sections 8-105, 12-100, and 22-100 of the Zoning Ordinance, adding Towing and Vehicle Storage Facility as a land use, and listing the use as permitted outright in the Light Industrial and Heavy Industrial districts, and also allowed in the Commercial District with a Specific Use Permit. A motion to approve this item was made by Francine Neeley, seconded by Michael Mosher. Motion carried 7-0. 12. Adjournment. There being no further business, the meeting was adjourned at 6:45 p.m. APPROVED THIS 5" DAY OF NOVEMBER 02, 2020 Chairman