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06 - Boards and Commissions - MinutesItem No. 6 Paris Visitors & Convention Council Board of Directors Meetin8 8 West Plaza and zoom February 28, 2022 4:00 pm Members Present: Ryan Whitaker, Dustin Broadway, Lea Emerson, Cary Lott, Trevor Huie, Brad Hilliard, Bryan Hargis, Bud Mistry, and Tim Walsworth. StaffPresent: Paul Allen, Becky Semple and Gina Crawford. Paul Allen called the meeting to order at 4:00 pm. Minutes: A motion to approve January minutes was made by Ryan Whitaker, seconded by Tim Walsworth. Motion passed unanimously. Financials: Paul Allen presented the January financials. A motion to approve was made by Tim Walsworth, seconded by Bud Mistry. Motion passed unanimously. Becky Semple presented funding request for Rocket Raceway Park for March 4th and 5th. Based on the scoring criteria a motion to approve $2400.00 was made by Ryan Whitaker, seconded by Trevor Huie. Motion passed unanimously. Becky Semple presented funding request for Plan 4 You Health Spring Conference. Based on the scoring criteria a motion to approve $1200.00 was made by Tim Walsworth, seconded by Bradley Hilliard. Motion passed unanimously. Old Business: Paul Allen stated that Red Bull pump track event will be back on July 2"d. Becky Semple stated that we may need some rest stops for Tour de Paris. Future business: Adiourn: Ryan Whitaker made a motion to adjourn. Meeting adjourned at 4:28 p.m. Respectfully Submitted, Gina Crawford SPECIAL MEETING MINUTES CITY OF PARIS BOARD OF ADJUSTMENT CITY OF PARIS - CITY HALL COUNCIL CHAMBERS CONFERENCE ROOM PARIS TEXAS TUESDAY MARCH 1 2022 12:00 O'CLOCK P.M. 1. The Board ofAdjustment meeting was called to order by RuthAnn Alsobrook at 12: 00 p. m. The following members were present: RuthAnn Alsobrook, Larry Walker, William Sanders, Chris Fitzgerald, Jerry Haning and David Hamilton. Also present were Andrew Mack, Stephanie Harris, Robert Vine, Mayor Pro Tem Reginald Hughes and concerned citizens. 2. Approval of minutes from previous meeting. (February], 2022) Motion was made by William Sanders, seconded by Larry Walker to approve minutes for the February 1, 2022 meeting. Motion carried 5-0. 3. Public hearing to consider and take action on the petition of Sandra Munn regarding a variance from the City of Paris Fence Ordinance, Section 4.11.003(a)(7)(F), on Lot 16-A, City Block I59, being located at 1110 SE 3rd Street. The applicant has illegally installed a fence consisting of sheet metal requiring a prohibited material variance. Andrew Mack, Director of Planning & Community Development, presents case to the board. Andrew explains that though the ordinance has recently changed to waive the permit requirement for fences 7' or less, it does not waive the material requirement. Lastly, Andrew states that City staff recommends denial based upon the staff recommended findings presented in the staff report. Ms. Alsobrook declared the public hearing open. There was discussion amongst the board and Andrew Mack in reference to the fencing ordinance and permit requirements. Sandra Munn of 1110 SE 3rd St, states that while driving around town she saw a similar fence and liked the look of the material, so she sought out a contractor from Sulphur Springs to build a fence. When the contractor was hired, she asked if additional money would be required for the permit to which he had told her that no permit would be required; she then did not think any further about the fence and whether or not the material was approved. Ms. Munn hopes to keep her fence to protect her property and her dogs from the neighbor that shoots at them. Lastly, Ms. Munn proposes the option of a mesh material to cover the fence so you cannot see that it is metal. There was further discussion amongst the board, applicant and Mr. Mack about the fence material, proposed mesh material and other options of making the fence compliant. After verifying in the ordinance, Mr. Mack determines that the mesh is not an approvable material. Motion was made by RuthAnn Alsobrook, seconded by Larry Walker to excuse herself from the rest of the meeting. Motion carried 5-0. Motion was made by Larry Walker, seconded by William Sanders to bring alternate David Hamilton on to the board for the remainder of the meeting. Motion carried 4-0. Stephanie Harris, City attorney, states for the record that Mr. Hamilton has been present for the whole meeting and heard all the proceedings up to this point. There was discussion amongst the board and applicant of whether or not there is a hardship. Andrew Mack makes note of the input forms submitted: Cheri Bedford of 929 SE Yd St, in opposition. Hugh Michael King of 801, 757 and 746 Church St, in opposition. David and Mary Schutte of 1031 S Church St, in opposition. Roger King of 1029 SE Yd St, in favor. Randy Hider of 190 E Long Ave, in opposition. Mr. Walker declared the public hearing closed. Motion was made by Chris Fitzgerald, seconded by William Sanders to deny the variance to the City of Paris Fence Ordinance 4.11.003(a)(7)(F) based on the following staff recommended findings of fact. Motion carried 5-0. Staff Recommended Findings of Fact, I. The request for variance is not in harmony with the general purposes and intent of Fence Ordinance No. 2021-044, as amended, and does not continue to protect surrounding properties from any negative impacts. 2. The denial of the request to permit the fence with prohibited materials will not prevent the reasonable use of the property for the residence because the materials can be replaced with a fencing material that conforms to the ordinance requirements. 3. There are no special or unique condition(s) of restricted area, shape, topography, or physical features that exist on the subject parcel of land, which are not applicable to other parcels of land in the same zoning district, and which cause unusual and practical difficulty or unnecessary hardship to the use of a compliant fence material allowed by the ordinance with the provisions sought here to be varied. The hardship sought to be avoided is the result of (a) the applicant's own actions (self- imposed or self-created), and (b) the applicant has not stated that there is an economic or financial hardship for the use of an approved material which alone, should not be justification for approval of the variance. The provisions of Fence Ordinance No. 2021-044 and its amendments, that are sought to be varied with an unimproved fence material, do not deprive the applicant of reasonable rights to use the property that are commonly enjoyed by other properties in residential areas which are required to comply with these ordinance provisions. 4. Public hearing to consider and take action on the petition of Doreen Ruthart of Ron Doe Homes, on behalf of Charlotte Edwards, regarding a variance to the City of Paris Zoning Ordinance Area Regulations, Section 9-601 on Lot 2' of 2 & W112 of 3, Block 2, of Tudor Addition, being located at 724 NE 10th Street. The applicant is constructing a single-family home as part of the HOME Program at 724 NE 10th Street. When the Form Board Survey was done, it was discovered that the forms had been set with a 47' side yard on the northern side of the property instead of the minimum required of 5'. The applicant is requesting a 5" variance to the minimum 5' side yard setback to allow the 47" side yard to remain. Andrew Mack, Director of Planning & Community Development, presents case to the board. Mr. Mack states that this variance is a product of miss -communication between the general contractor, subcontractors, and City and was clearly unintentional. Lastly, Mr. Mack states that it would be unnecessary and costly to correct the setback since it is only a few inches and therefore the City staff recommends approval. Mr. Walker declared the public hearing open. Doreen Ruthart of 420 PR 43375, and applicant states that Mr. Mack presented the case accurately and that is was merely a miss -communication of all parties. Ms. Ruthart also states that before pouring, they did attempt to measure the setback and came up with 5' 2", but when the survey came back it showed only 4' 7". There was further discussion between the board, applicant and City staff on the proper procedures and chain of events leading up to the concrete being poured. Andrew Mack makes note of the input form submitted: Charlotte Edwards of 724 NE 10a' St, in favor. Mr. Walker declared the public hearing closed. Motion was made by William Sanders, seconded by David Hamilton to approve the 5" variance to Section 9-601 of the Area Regulations to allow the side yard to remain at 47' vs the required 5' setback based on the following staff recommended findings of fact. Motion carried 5-0. Staff Recommended findings of Fact: Staff recommends approval of the variance, based upon the following findings of fact: I. The request for variance is harmony with the general purposes and intent of Zoning Ordinance No. 1710, as amended, and will not negatively impact the protection for the adjacent surrounding property. 2. The request is to permit the reconstruction of a residence is not applicable with regard to a non -conforming use due to it being permitted by right in the SF -2 District. There was a previous structure recently demolished on the property under the City's Home Program and it was built up to the property line. The new setback of 4'-7" to the south side yard setback will lessen the `degree of non -conformity' with regard to side yard setback which serves to improve the adjacent neighboring condition of the lot. 3. There are special or unique conditions of restricted area and physical feature for the new slab that was constructed prior to the form board survey now existing on the subject parcel of land. This is not generally applicable to other parcels of land in the same zoning district. This has caused an unusual and practical difficulty to be in compliance with the provisions sought here to be varied due to general contractor not fully in sync with its sub -contractors schedules and thereby resulting in an unintentional result of not meeting the side yard setback by 5". 4. The hardship sought to be avoided is the result of (a) the applicant's own actions (self- imposed or self-created although unintentional), and (b) an economic or financial hardship would result from being required to move the new foundation by 5". 5. The provisions of Zoning Ordinance No. 1710, and its amendments, that are sought to be varied would deprive the applicant of the normal rights to use the property that is commonly enjoyed by other properties in the same SF -2 Zoning District without approval and not being required to fully comply with the side yard setback ordinance provisions. Adjournment. APPROVED THE P DAY OF APRIL, 2022. Chairperson MINUTES PLANNING AND ZONING COMMISSION CITY COUNCIL CHAMBERS 107 EAST KAUFMAN PARIS TEXAS MONDAY MARCH 07 2022 5,30 P.M. 1. The meeting of the Planning & Zoning Commission was called to order at 5:30p.m. by Vice -Chairman Clifton Fendley. Commissioners Present: Clifton Fendley, Tylesha Ross -Mosley, Sims Norment, Austin Anthony and Michael Mosher Commissioner Absent: Chad Lindsey and Francine Neeley 2. Citizens' forum. (Persons desiring to address the Planning and Zoning Commission must limit their presentation to no more than two minutes. 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 citizens' forum was declared open. With no one speaking the forum was declared closed. Approve minutes from the meeting of February 07, 2022. A motion to approve the minutes for the February 07, 2022 meeting was made by Tylesha Ross -Mosley and seconded by Michael Mosher. Motion carried 5-0. 4. Public hearing to consider and take action regarding the petition of Bailey Asay on behalf of Thou Chan for a change in zoning from a One -Family Dwelling District No. 2 (SF2) to a Multiple -Family Dwelling District No. 1 (MF -1) in the City of Paris, Block 257-A, Lot N PT 3, located at 2340 E Cherry Street- LCAD 18177. Mack states that Mr. Asay requested the zoning change on behalf of the property owner. Since the submittal of this application, he has obtained a purchase agreement for the property to the south at 2331 Pine Bluff. His surveyor is preparing a new legal description but was unable to get that in prior to the publication deadline. Staff is recommending tabling this item until a complete application covering both parcels is submitted. City attorney advised the public hearing is not required to be opened and this item will be republished. A motion was made by Michael Mosher, seconded by Tylesha Ross -Mosley to table this item. Motion carried 5-0. 5. Public hearing to consider and take action regarding the petition of Laurie Murphy on behalf of TERN Property Investments, LLC, to amend the Future Land Use Map of the Comprehensive Plan from Low Density Residential (LDR) on Lot 4, and Retail (R) on Lots 5,6,7 to Medium Density Residential (MDR) in the City of Paris, Block 189. Mack advised that his staff report is prepared for items 5, 6 and 7 but action will need to be taken separately. The applicant is seeking to construct a third apartment structure on the adjoining property to the north. The proposed improvements and primary access to the property will be oriented toward Bonham Street to minimize impacts on the low- density residential development to the north. The zoning change will be consistent with the future land use map. The change in zoning for the developed properties will allow the current use of the property to become consistent with the zoning. The property will be platted as one parcel if the changes are approved. The unapproved alley will need to be vacated. The applicant is currently pursuing the alley vacation. Staff is in support of the changes. Public hearing declared open. Mack read input forms received with one in favor and one opposed. With no else speaking, the public hearing was declared closed. A motion was made by Sims Norment, seconded by Michael Mosher to approve this item. Motion carried 5-0. 6. Public hearing to consider and take action regarding the petition of Laurie Murphy on behalf of TERN Property Investments, LLC, for a change in zoning from a Commercial District (C) to a Multiple -Family District No. 2 (MF2) in the City of Paris, Block 189, Lots 5, 6, 7, located at 1306 Bonham Street- LCAD 17067. Public hearing declared open. With no one speaking, the public hearing was declared closed. A motion was made by Sims Norment, seconded by Michael Mosher to approve this item. Motion carried 5-0. 7. Public hearing to consider and take action regarding the petition of Laurie Murphy on behalf of TERN Property Investments, LLC, for a change in zoning from a One -Family Dwelling District No. 2 (SF2) to a Multiple -Family District No. 2 (MF2) in the City of Paris, Block 189, Lot 4, located at 35 NW 13th Street- LCAD 17066. Public hearing declared open. With no one speaking, the public hearing was declared closed. A motion was made by Michael Mosher, seconded by Austin Anthony to approve this item. Motion carried 5-0. Public hearing to consider and take action regarding the petition of the City of Paris to adopt an ordinance amending the Future Land Use Map of the Comprehensive Plan from Low Density Residential (LDR) to Medium Density Residential (MDR) on property located at 932 E Price- LCAD 13788, 921 E Houston- LCAD 13795 and 939 E Houston- LCAD 13794. Mack advised he is presenting on items 8, 9 and 10 with separate action to be taken on all three items. Mack provided history on the property that was illegally converted to a quadraplex by the previous owner prior to being sold to Jerry Berry. Staff received complaint of substandard conditions within the rental. The request here is to legitimize the property and bring resolution to the matter. The changing of the area guided to medium density is consistent with a mix of land uses in the immediate surrounding area. The change in zoning from 2F to MF -1 will be consistent with the Future Land Use Map, as amended. The change in zoning will authorize an after -the -fact permit to be issued to bring the structure up to building code life safety requirements. Staff recommends approval on agenda items 8, 9 and 10 changing the Future Land Use Map from LDR to MDR and rezoning 912 Price Street from 2F to MF -1. Public hearing declared open. Mack read two input forms received that are in opposition of the petition. Wanda Bryce owns two properties across the street from this property. She discovered it was not a duplex but rented as a quadraplex. Bryce spoke in opposition of this petition citing complaints of noise, parking and substandard living conditions. Jeremy Berry, applicant, lives at 3276 Cleveland purchased this property that was listed and presented to him as a quadraplex. He has made some improvements to the property with a new rook and mini splits in each unit. He would like the opportunity to bring it into compliance. With no one else speaking the public hearing was declared closed. Mack states in order to follow sound planning practices we want to zone in accordance to the Comprehensive Plan. Commissioner Norment states that the landowner should be the one to request the change, not the City. Fendley says he is in agreement with Norment. A motion was made by Sims Norment, seconded by Tylesha Ross -Mosley to deny this item. Motion carried 5-0. �. Public hearing to consider and take action regarding the petition of Jeremy Berry for a change in zoning from a Two -Family Dwelling District (2F) to a Multiple -Family Dwelling District No. 1 (MF -1) in the City of Paris, Block 31, Lot 1, located at 912 E Price Street- LCAD 13787. Public hearing declared open. Wanda Bryce spoke in opposition of the petition. Jeremy Berry gave details for the size of the structure and units being rented. Commissioners asked some follow questions regarding the renovation. With no one else speaking the public hearing was declared closed. A motion was made by Sims Norment, seconded by Michael Mosher to approve this item. Motion carried 5-0. 10. Public hearing to consider and take action regarding the petition of Jeremy Berry to amend the Future Land Use Map of the Comprehensive Plan from Low Density Residential (LDR) to Medium Density Residential (MDR) on property located at 912 E Price Street- LCAD 13787. Public hearing declared open. With no one speaking, the public hearing was declared closed. A motion was made by Michael Mosher, seconded by Sims Norment to approve this item. Motion carried 5-0. IL Public hearing to consider and take action regarding the petition of the City of Paris for a map amendment from a dual zoning Commercial and Light Industrial District (C&LI) to a Commercial District (C) in the RS Enterprises Addition, Block A, Lots 1-4 and the City of Paris, Block 313, Lots 2C, 2D, PT 3 & PT4, 3A, 3B, 3C and 3D. Mack states this area was zoned back in the 1980's for a combination of Commercial and Light Industrial uses. In forty years of his planning career, he has not seen a dual zoning district. The appropriate thing to do here is to make the zoning consistent with the uses to Commercial. Mack read three zoning input forms that are in favor of the request and one in opposition. Public hearing was declared open. Jay Hodge, 3115 Stacy Ln. spoke in opposition of the petition. He states he has more flexibility with his property the way it is currently zoned. He has future plans for automotive uses- auto parts warehouse, auto repair and lease portion to a nonprofit Commissioner Fendley asked what are the allowable uses for the Light Industrial zoning. Mack read a list of uses permitted outright including a concrete batching plant. There was discussion amongst Commissioners citing that the landowner should be making these type of requests and not be brought forth by the City. Public hearing was declared closed. A motion was made by Clifton Fendley, seconded by Tylesha Ross -Mosley to deny this item. Motion carried 5-0. 12. Public hearing to consider and take action regarding the petition of the City of Paris for a map amendment from an Agricultural District (A) to a One -Family Dwelling District No. 2 (SF -2) in the A571 J Moore Survey, Tract 3, LCAD 52907 and all of Paradise Estates Addition north of Old Clarksville Rd. Mack states he received a call regarding a complaint about the subject properties being zoned Agricultural and the various uses allowed in that district. When this property was annexed into the city, the zoning was not changed and therefore defaulted to Agricultural. This area has been developed with single-family homes. Public hearing was declared open. Thomas Calloway, 915 Paradise Ln, spoke in favor of the petition. Calloway states single-family zoning would better protect the subdivision from uses permitted in Agricultural. Five property owners in the area spoke in opposition of the petition citing concerns of tax rate changes, drainage issues, and questions about livestock. Mack discussed various uses permitted in the Agricultural district with Commissioners. With no else speaking, the public hearing was declared closed. A motion was made by Austin Anthony, seconded by Tylesha Ross -Mosley to deny this item. Motion carried 4-1 with Michael Mosher in opposition. 13. Consideration of and action on the Preliminary Plat of the Michaels 195 Addition, Lot 1, Block A, LCAD Property ID 50140, located at 5040 FM 195. Mack advised the applicant requested preliminary Plat approval for the Michaels 195 Addition. A single lot plat located at 50401 FM 195. This will permit the construction of a new single-family residence on property zoned Agricultural. Staff recommends approval of the Preliminary Plat with the following plat revisions and conditions: 1. The significant trees shall be located on the preliminary plat. (Chapter 9, Exhibit A, Section IV (6). The driveway approach shall be located on the preliminary plat. (Chapter 9, Exhibit A, Section IV (6). If existing driveway is to be modified or relocated in any way, a TxDOT Driveway permit will be required. 2. The location and width of all existing and dedicated streets and alleys within or adjacent to the proposed subdivision for a distance of two hundred (200) feet from the proposed subdivision shall be shown. If there are no adjacent existing or dedicated streets and alleys within the two hundred (200) feet of the proposed subdivision on any side, then a map on a smaller scale must accompany the preliminary plat showing the outline and ownership of adjacent properties, locations of the nearest subdivisions and existing or dedicated streets and alleys (Chapter 9, Exhibit A, Section IV (5)). 3. The water lines in this area are LCWSD. One is a 10" PVC the other an 8" PVC. The reference shall be shown on the preliminary and final plats. (Chapter 9, Exhibit A, Section IV (7)). 4. The side and rear yard setback lines shall be shown on the preliminary and final plats. (Chapter 9, Exhibit A, Section IV (9)). A motion was made by Sims Norment, seconded by Michael Mosher to approve this item with noted conditions. Motion carried 5-0. 14. Consideration of and action on the Preliminary Plat of the Hill 48 Addition, Lot 1, Block A, LCAD Property ID 14122, located at 1269 Graham Street. Mack states the applicant requested preliminary Plat approval for the Hill 48 Addition. A single lot plat located at the southeast corner intersection of Graham and 13th Street NW. This will permit the construction of a new single family residence on property zoned SF- T. Staff recommends approval of the Preliminary Plat with the following plat revisions and conditions: 1. The significant trees shall be located on the preliminary plat. (Chapter 9, Exhibit A, Section IV (6). 2. The applicant shall provide documentation on the 13th Street ROW width prior to submission of the final plat. (Chapter 9, Exhibit A, Section IV (5). 3. The applicant shall show the following minimum setbacks on the preliminary and final plats: a. North Line 25' Front b. West Line 10' Front, side exterior corner lot c. South Line 10' Rear d. East Line 5' Side (Chapter 9, Exhibit A, Section IV (9). 4. A utility easement along the Graham Street frontage shall be provided with a dimension as may be required by Encore. The utility lines shall also be shown. (Chapter 9, Exhibit A, Section IV (7). A motion was made by Michael Mosher, seconded by Austin Anthony to approve this item with noted conditions. Motion carried 5-0. 15. Consideration of and action on the Final Plat of the Stone Ridge Estates Addition Phase 10 and 11. Mack states the applicant requests approval of a Final Plat for the next phases of the Stone Ridge Estates Addition. All revision and condition requirements of the preliminary plat approval for phases 10 & 11 have been met, including approval of the civil plans for the street, utilities and storm water by the City Engineer. The initial plan of the developer was to complete the civil improvements and then seek final plat approval. In order to begin pre - selling lots for construction however, the final plat must be approved and recorded. The developer requested this change in sequence and has agreed to enter into a development agreement to guarantee the City completion of the work once lots are sold. A completed street in front of the lot is required prior to issuance of a building permit. Staff recommends approval of the Final Plat for the Stone Ridge Estates Phases 10 & 11, subject to the following condition: 1. Developer shall enter into a development agreement for completion of all remaining civil improvements to be approved by City Council prior to release of the final plat for recording. A motion was made by Sims Norment, seconded by Austin Anthony to approve this item with noted condition. Motion carried 5-0. 16. Request items for future agendas. No request at this time. 17. Adjournment. There being no further business, the meeting was adjourned at 6:41 p.m. APPROVED THIS 4a' DAY OF APRIL 2022 Chairperson