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05/03/2021 MinutesMINUTES PLANNING AND ZONING COMMISSION CITY HALL ANNEX CONFERENCE ROOM 150 SE 1st STREET PARIS, TEXAS MONDAY MAY 03 2021 5:30 O'CLOCK P.M. The meeting of the Planning and Zoning Commission was called to order at 5:30 p.m. by Chad Lindsey. Commissioners Present: Francine Neeley, Chad Lindsey, Clifton Fendley, Austin Anthony, Tylesha Ross and Sims Norment Commissioner(s) Absent: Michael Mosher City Staff. Andrew Mack, City Planner; Triniti Frazier, Development Coordinator; Clyde Crews, Fire Marshal; and Stephanie Harris, City Attorney 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.) The citizen's forum was declared open. Richard Thompson, 3206 Bonham, asked about item that was referred back to Planning Commission. Citizen's forum was declared closed. 3. Approval of minutes from the meeting of April 05, 2020. A Motion to approve the minutes for the April 05, 2020 meeting was made by Austin Anthony, seconded by Francine Neeley. Motion carried 6-0. 4. Public hearing to consider and take action regarding the petition of City of Paris, Texas to amend Zoning Ordinance No. 1710, Section 21-106 to change the fee for an Appeal to the Board of Adjustment from $50.00 to $100.00 in order to be consistent with the City's most recent fee update. Andrew Mack states this is a housekeeping item, the change has already been made and the zoning ordinance needs to be amended to reflect that for consistency. The public hearing was declared open. With no one speaking, the public hearing was declared closed. A Motion was made by Sims Norment, seconded by Tylesha Ross to approve the petition. Motion carried 6-0. 5. Public hearing to consider and take action regarding the petition of the City of Paris, Texas to amend Zoning Ordinance No. 1710, Section 16-102 to expand the time allowed for an appeal to be made to Board ofAdjustment regarding a decision of a city official from ten (10) days to twenty (20) days in order to be consistent with recent changes in state law. Andrew Mack states this is a clean-up amendment to amend the time to appeal from fifteen (15) days to twenty (20) days to be consistent with recent state law. The public hearing was declared open. With no one speaking, the public hearing was declared closed. A Motion was made by Clifton Fendley, seconded by Austin Anthony to approve the petition. Motion carried 6-0. 6. Public hearing to consider and take action regarding the petition of the City of Paris, Texas to amend Zoning Ordinance No. 1710 by deleting Section 12-100(33), specific use permits for mobile homes in various zoning districts, because it conflicts with Chapter 4, Article 4.08, Manufactured Homes, Mobile Homes and Special Vehicles. Andrew Mack states this is a clean-up amendment to remove Section 12-100(33) because it conflicts with Chapter 4 of the Code of Ordinances, Article 4.08, Manufactured Homes, Mobile Homes and Special Vehicles, and because it conflicts with recent changes to the zoning ordinance restricting the location of mobile homes to the Light Industrial (LI) zoning district and in mobile home parks. The public hearing was declared open. With no one speaking, the public hearing was declared closed. A Motion was made by Sims Norment, seconded by Francine Neeley, Motion carried 6- 0. 7. Consideration of and action on the Replat of Lot IR, Block A of the Pee Wee Addition CB 251, LCAD Property 59410 and PT of 53595, located at 1855-1865 N Main Street. Andrew Mack states the applicant requests approval of a replat for property located at 1855-1865 N Main Street. The property contains approximately 2.5 acres of land area. The replat approval supports the proposed redevelopment of the site for a new retail store. Staff recommends approval of the requested replat, subject to the following conditions: 1. The plat shall be revised to provide for additional ROW dedication of the trunk highway on Main where the parcel frontage lacks a minimum of 40 feet from the road centerline, which appears to be an additional l Oft of ROW along N. Main. The street width to the centerline shall be shown on the replat. 2. The applicant shall show the planned sidewalk in the ROW on the replat and shall construct the sidewalk prior to issuance of a CO for the new building. 3. The site shall be limited to a single driveway access to N. Main. 4. Contractors shall obtain a permit to work in the ROW from TxDOT. 5. Applicant shall dedicate a 20 ft. utility easement along the southern property line for underground utilities as requested by ONCOR. 6. The surveyor shall provide a closure report prior to release for recording of the replat. A Motion was made by Clifton Fendley, seconded by Francine Neeley to approve the replat with noted conditions. Motion carried 6-0. 8. Consideration of and action on the revised Preliminary Plat of Lots 1 and 2, Block A of the CEFCO North Addition, LCAD Property 104687, 53629, 127230, and 402452, located in 2500 Block of NMain Street. Andrew Mack states the applicant is requesting simultaneous approval of the revised preliminary plat and the final plat for the redevelopment of the three businesses at the NE quadrant of N. Main and North Loop 286. They are located at 2500, 2510 and 2610 N. Main. The land area contains approximately 3.12 acres. All three sites will be demolished and a new gas & convenience station will be constructed. The station project received a prior SUP approval for construction. The preliminary plat was approved previously, but the developer was unable to obtain the requested driveway access approval from TxDOT on the Loop frontage road. As a result, the additional site at the intersection was acquired by the applicant in order to close two existing driveway accesses and add an additional 2/3rds of an acre to the total development site. Staff recommends approval of the revised preliminary plat and final plat, subject to the following conditions: 1. The property access driveways shall be subject to final approval by TxDOT. 2. The contractor shall install the required sidewalk along the roadways prior to receiving a final C/O for the new building. 3. The fire hydrants locations shall be relocated and subject to final review and approval by the City Fire Marshall. 4. The applicant shall provide a grading and drainage plan for review and approval of the City Engineer and TxDOT as may be required, prior to approval of the final site plan and issuance of building and site construction permits. 5. The applicant shall dedicate a 15ft utility easement along front (west) street frontage of the property as requested by ONCOR. 6. The applicant shall install approximately 230 lineal feet of full buffer screening along the NE side of the structure in the green space to fully screen the residential apartments to the East in accordance with the buffer screening requirements of Section 30-100 of the Zoning Ordinance. 7. Existing and proposed drainage easements shall be required and shown on the final plat prior to recording. 8. The applicant shall extend a fire lane access easement across the building frontage. 9. The applicant shall provide a finished floor elevation on the site and grading plans prior to final approval by the City Engineer and Building Official. A Motion was made by Clifton Fendley, seconded by Francine Neeley to approve the revised preliminary plat with noted conditions. Motion carried 6-0. 9. Consideration of and action on the Final Plat of Lots I and 2, Block A of the CEFCO North Addition, LCAD Property 104687, 53629, 127230, and 402452, located in 2500 Block of N Main Street. Andrew Mack states this is the same plat for simultaneous approval of the final plat with same conditions. A Motion was made to approve this item with noted revisions by Sims Norment, seconded by Austin Anthony. Motion carried 6-0. 10. Consideration of and action on the Preliminary Plat of'Lot 1, Block A of the Striker Addition CB 296, PT oaf LCAT) Property 18566, located in the 3400 Block of Lamar Ave. Andrew Mack states the applicant requests approval of a preliminary plat for property located at 3475 Lamar Avenue, The parent parcel contains 3.78 acres and the proposed plat is to split off and divide 0.8335 acres. The site currently contains a gym and recreation facility for the Assembly of God Church. The property is proposed to be sold and the building converted or reconstructed as a restaurant. Staff recommends approval of the preliminary plat, subject to the following conditions: 1. Consideration should be given to extending the water line main approximately 190 ft. across the front of the property to the SE comer for future extension and looping of the City's water main to provide increased fire projection flows and redundancy in the water system to the site. 2. Shall dedicate a drainage easement over the channel on the east side of the property prior to approval of the final plat. 3. Will need to indicate future plans for the bridge that crosses the channel into the church with regard to future use and private access restrictions or agreements. A Motion was made to approve this item with noted conditions by Clifton Fendley, seconded by Austin Anthony. Motion carried 6-0. 11. Consideration of and action on the Preliminary Plat ref Lass I through 22, Block 188 of the JC. Miles Subdivision, LCAD Property 17005, located at 1415 SE 6th Street. Andrew Mack states the applicant is requesting approval for a preliminary plat for a subdivision containing 22 proposed new lots. The site is currently located at 1415 SE 6th Street. The site currently consists of approximately 4.85 acres with a single-family dwelling on the property. The single family dwelling will be split off to include 10 new lots fronting onto Sycamore Street and another 12 lots fronting onto a new cul-de-sac street along the West side of 8th Street SE. Staff recommends approval of the preliminary plat, subject to the following conditions: 1. The cul-de-sac pavement width shall show a minimum 100 ft. diameter at the ROW line. 2. The fire hydrant shall be relocated to the immediately east beginning point of the cul-de-sac. 3. The applicant shall provide engineering plans for the water, sanitary sewer, and roadway improvements for Bella Vista Drive for approval by the City Engineer prior to submission of the final plat and before approval of a construction permit. 4. The applicant shall provide for an overall grading and drainage plan to be reviewed and approved by the City Engineer prior to submission of a final plat and before approval of a construction permit. 5. Applicant shall show 10 ft. franchise utility easement along all street frontages as requested by ONCOR. A Motion was made to approve this item with noted conditions by Sims Norment, seconded by Francine Neeley. Motion carried 6-0. 12. Consideration of and action on the Preliminary Plat of Lots 1 and 2, Block A of the Norment 147 Addition, LCAD Property 16399, located at 606 S Church Street. (A Motion was made to recuse Sims Norment from this item by Chad Lindsey, seconded by Francine Neeley. Motion carried 5-0.) Andrew Mack states that this item was brought before the commission last month but we did not have a full quorum. The applicants were approved for an extension by the city council to bring this item back before the commission. Applicants Sims and Rebecca Norment own 0.5352 acres located at 606 South Church St. The property is currently zoned Two Family (2F). The owner has submitted both a preliminary and final plat. Both water and sewer are available. The owners are subdividing the property in order to build a residential structure. The plats appear to comply with City of Paris regulations. A Motion was made to approve this item by Clifton Fendley, seconded by Francine Neeley. Motion carried 5-0. 13. Consideration of and action on the Final Plat of Lots I and 2, Block A of the Norment 147 Addition, LCAD Property 16399, located at 606 S Church Street. Andrew Mack states this is same plat for final with no conditions. A Motion was made to approve this item by Clifton Fendley, seconded by Francine Neeley. Motion carried 5-0. (A Motion was made to bring Sims Norment back into the meeting by Francine Neeley, seconded by Tylesha Ross. Motion carried 5-0.) 14. Consideration of and action on the Preliminary Plat of Lot 1, Block of the Farmers Bank & Trust Addition, LCAD Property 22095, 17960, and 17962, located in the 3000 Block of Lamar Ave. Andrew Mack states that Farmer's Bank & Trust is requesting approval of a preliminary and final plat for property located at 2950 Lamar Ave. The site contains 1.23 acres. The property is a former rapid lube business and car wash, which is no longer in operation. The proposed redevelopment of the site is for a new bank and office building. The site is Zoned Planned Development and the proposed use is permitted in the PD District. The applicant has requested simultaneous preliminary and final plat approval with their application. The applicant shows a preliminary site plan layout on the proposed preliminary/final plat. Detailed plans for site storm water grading and drainage plans were not submitted with the preliminary plat. Staff has identified a number of concerns with utility and drainage improvements for the site. The preliminary plat does not include some minor setback information, significant tree removal if any, and site topography in a preliminary drainage plan as required under the City's preliminary plat submission requirements. This is not a major concern for approval of the preliminary plat given conditions can be imposed prior to approval of the final plat and site building plan. A number of other considerations must be addressed with the proposed development. Staff recommends approval with the following noted conditions: 1. Preliminary plat shall be revised to indicate any trees over 19" diameter and note if they are to be removed. 2. Chapter 9, Exhibit A, Section VIII.J - Prior to the construction of any proposed improvements, i.e. streets, drainage, utilities, etc., subdivider shall furnish complete plans and specifications of construction to the City Engineer. If any part of the proposed construction is considered unsatisfactory and below the standards required under the circumstances, construction operations shall not be started on the affected portion until alterations are made such that the completed work shall conform to the standards required by the City of Paris. The City Engineer shall be notified prior to beginning construction so that an inspection of said work can be conducted by the City during the construction. Upon completion of any such improvements and prior to issuance of a building permit, said improvements shall be inspected and accepted by the City. 3. Chapter 9, Exhibit A Section IV. - The minimum required set back lines shall be shown on the approved preliminary and final plat. 4. Per the 2015 International Fire Code, two on-site fire hydrants will be required. The subdivider shall include a plan sheet in their construction plans showing the water line extension, fire hydrant locations and necessary appurtenances for review and approval by City Staff. 5. TxDOT review and approval of the proposed driveways will be required prior to the issuance of building and construction permits. 6. Applicant shall provide a preliminary drainage plan prior to approval of the final plat. The grading and drainage plan shall be subject to final review and approval of the City Engineer prior to approval of the final site plan and issuance of a building and construction permits. 7. ONCOR utility easements for removal/replacement of overhead lines shall be shown on the final plat prior to release for recording, unless released by ONCOR. 8. A buffering and screening plan shall be submitted for review and approval prior to issuance of site plan and building permit approvals. 9. Sidewalk improvements along the entire frontage of Lamar Avenue shall be required prior to final approval of a CO for the new building construction. A Motion was made to approve this item by Francine Neeley, seconded by Clifton Fendley. Motion carried 6-0. 15. Consideration of and action on the Final Plat of Lot 1, Block A of the Farmers Bank & Trust Addition, LCAD Property 22095, 17960, and 17962, located in the 3000 Block of Lamar Ave. Andrew Mack states this is the same plat with noted conditions. A Motion was made to approve this item by Sims Norment, seconded by Austin Anthony. Motion carried 6-0. 16. Consideration of and action on the Preliminary Plat of Lot 1, Block A of the Wells Bryan 248-B Addition, LCAD Property 17934, located at 830 SE 20th Street. Andrew Mack states the applicant has submitted a request for preliminary and final plat approval for property located at 830 SE 20th Street. The site contains approximately 0.38 acres. The applicant intends to construct a duplex on the property. No issues have been identified with requested approvals. Staff recommends approval of the preliminary and final plats, subject to the following condition: 1. Sidewalks must be installed prior to final inspection. A Motion was made to approve this item with noted revision by Clifton Fendley, seconded by Tylesha Ross. Motion carried 6-0. 17. Consideration of and action on the Final Plat of Lot 1, Block A of the Wells Bryan 248-B Addition, LCAD Property 17934, located at 830 SE 20th Street. Andrew Mack states this is same plat, same condition. A Motion was made to approve this item with noted revision by Clifton Fendley, seconded by Francine Neeley. Motion carried 6-0. 18. Discussion of City initiated Zoning Ordinance map amendment from Central Area District (CA) to a Commercial District (C) between Pine Bluff, Graham, NW 3rd and NE 3rd Street. Andrew Mack states we have some uses and businesses in this area that have given us reason to take a look at this larger area to consider initiating and implementing changing the zoning from Central Area to Commercial. Over the past month, discussion has occurred on two different properties regarding businesses not permitted in the Central Area District. One was for a mobile food truck court and another was for the reopening of a closed car wash and plans to reopen and refurbish. In reviewing the Comprehensive Plan- Future Land Use Map these areas are shown as guided for future commercial development. In analyzing this area, the character of commercial development on the north side of Pine Bluff and Graham Streets is that of a strip or corridor commercial development along the collector and thoroughfare roadways. This is very different from the downtown characteristics of the City. Therefore, in order to further implement the Comprehensive Plan and address the immediate needs of future business growth in the community, staff proposes to initiate a multi -parcel rezoning of these properties. Staff brings this to the attention of the Planning Commission for feedback and discussion. The commission advised staff to proceed with this amendment. Staff will prepare a formal amendment application and schedule a public hearing for June. 19. Discussion of Zoning Ordinance amendment to the mobile food truck court. Andrew Mack states the City amended the Zoning Ordinance in the past few years to regulate mobile food trucks. In working with and reviewing mobile food truck locations within the community, it appears that a majority of the elements in this section of the ordinance could be applied to several of the locations where food trucks are operating in the City. Some of the issues identified are as follows: • The difference between being able to leave a mobile food truck or portable structure in place for a season vs. having to move it in and out of the site every day. • The restriction against allowing porta-potty satellite toilets vs. permanent restrooms in an on or off-site building. • The mandatory requirement for food commissary vs. just allowing supplies to be stocked in the individual food trucks. • There may also be other issues to re -visit in the regulations for updating. In reviewing the state plumbing code requirements, restaurant facilities are required to provide bathrooms for at least the employees of the business. In the event that customer seating areas are provided, they must be available for both and must be handicapped accessible. Staff intends to bring this to the Commission for advanced consideration before proceeding with a formal ordinance amendment application and public hearing at a future meeting. Chad asked that staff look into what other cities have done regarding bathrooms. 20. Discussion of the Zoning Ordinance allowable uses in the Office District and Neighborhood Service District. Andrew Mack states City Council conducted a public hearing on the Morningside development previously recommended for approval by the Planning Commission. Following that recommendation, the Council and staff received numerous concerns about the rezoning. As a result, the Council approved a motion to refer that matter back to the Planning Commission. A new hearing may not need to be conducted given the fact that the property is under contract for sale now with information received from the applicant and that the rezoning request may be withdrawn. Secondly, the City Council requested that the O - Office District requirements be reviewed for consideration with regard to the permitted, SUP and prohibited uses in the district. Specifically there was a concern expressed regarding whether or not it is appropriate to continue allowing apartments and higher density residential within the district. This is a legislative action for the City and there is no time frame on how fast this needs to be done. Given the fact that a task is still on the ordinance review list for the Neighborhood Service - NS District, Staff has placed both topics on the agenda for further discussion. Time permitting; a review of all the uses for both districts should be conducted. The Planning Commission will conduct a workshop next month then a formal amendment and public hearing will be scheduled. 21. Adjournment. There being no further business, the meeting was adjourned at 6:55 p.m. APPROVED THIS 7th DAY OF JUNE, 2021 Chairperson