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04/04/2022 MinutesMINUTES PLANNING AND ZONING COMMISSION CITY COUNCIL CHAMBERS 107 EAST KAUFMAN PARIS, TEXAS MONDAY APRIL 04 2022 5:30 P.M. The meeting of the Planning & Zoning Commission was called to order at 5:30p.m. by Chairman Chad Lindsey. Commissioners Present: Chad Lindsey, Clifton Fendley, Francine Neeley, Austin Anthony, Tylesha Ross-Mosely, Sims Norment Commissioner Absent: Michael Mosher 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 March 07, 2022. A motion to approve the minutes for the March 07, 2022 meeting was made by Clifton Fendley and seconded by Tylesha Ross-Mosely. Motion carried 6-0. 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, Lot 15 & 3A, located at 2340 E Cherry Street and 2331 Pine Bluff- LCAD 18177 and 18190. Mack states this item is returning to the Commission from last month's agenda from the tabled action. We have now included the very north portion of the property, which will be correctly identified in the subsequent item on the agenda, which is the plat. The applicant plans to construct a new 9-plex on the East Cherry Street frontage. The project is planned to begin this year if approved. The residence fronting on Pine Bluff is not a part of the rezoning. The rear portion of this lot is being removed and added to the new plat for the parcel fronting on Cherry Street. Staff recommends approval of the change in zoning from a One -Family Dwelling District No. 2 to a Multiple -Family Dwelling District No. 1. The public hearing was declared open. With no one speaking, the public hearing was declared closed. A motion was made by Clifton Fendley and seconded by Austin Anthony to approve the zoning change. Motion carried 6-0. 5. Public hearing to consider and take action regarding the petition of Bailey Asay on behalf of Distinguished Property & Investments, LLC for a change in zoning from a Commercial District (C) to a Multiple -Family Dwelling District No. 1 (MF 1) in the City of Paris, Block 250, Lot 32, located at 891 Clement Rd- LCAD 53721. (Mack states items 5 and 6 on this agenda are dealing with the same property. Mack requests action to be taken on item 6 first then move back to item S. Motion approved 6-0 to rearrange order of agenda.) The applicant is requesting the zoning change to construct a 9 -unit apartment. The change in zoning will be consistent with the amended future land use map. This will fit with the mix of uses in this immediate area and proper screening can be provided to the existing single-family residences. The public hearing was declared open. With no one speaking, the public hearing was declared closed. A motion was made by Austin Anthony and seconded by Francine Neeley to approve the zoning change. Motion carried 6-0. 6. Public hearing to consider and take action regarding the petition of Bailey Asay on behalf of Distinguished Property & Investments, LLC for a Comprehensive Plan Amendment from a Commercial (C) to High Density Residential (HDR) in the City of Paris, Block 250, Lot 32, located at 891 Clement Rd- LCAD 53721. Mack states that the applicant has requested a minor comprehensive plan amendment from Commercial to High Density Residential for the construction of a new 9-plex at the Northwest corner of Fitzhugh and Clement Road. The ability to provide for high-density housing in this portion of the City is a reasonable accommodation to achieve the goal of affordable housing opportunities in the community. Staff recommends approval of the comprehensive plan amendment. The public hearing was declared open. With no one speaking, the public hearing was declared closed. A motion was made by Clifton Fendley and seconded by Tylesha Ross -Mosley to approve the comprehensive plan amendment. Motion carried 6-0. 7. Public hearing to consider and take action regarding the petition of Adam Bolton on behalf of Austin Sugg for a change in zoning from a Commercial District (C) to a Two -Family Dwelling District (2F) in the City of Paris, Block 170-C, Lot 12, located at 2296 SE 3rd Street- LCAD 71599. (Mack states items 7 and 8 are dealing with the same property and therefore requests action to be taken on item 8 first then move back to item 7. Motion approved 6-0 to rearrange order of agenda.) Mack states that Austin Sugg is requesting a zoning change of the subject property in order to construct two duplexes on the lot. Staff is recommending the zoning change and will initiate the changes for the May cycle of Planning & Zoning cases. The public hearing was declared open. With no one speaking, the public hearing was declared closed. Tylesha Ross -Mosley asked when would the remaining properties in this area be brought forth for amending the comprehensive plan. Mack states this will be on the May agenda after notification to the property owners. A motion was made by Clifton Fendley and seconded by Austin Anthony to approve the zoning change. Motion carried 6-0. 8. Public hearing to consider and take action regarding the petition of Adam Bolton on behalf of Austin Sugg for a Comprehensive Plan Amendment from Commercial (C) to Low Density Residential (LDR) in the City of Paris, Block 170-C, Lot 12, located at 2296 SE 3rd Street- LCAD 71599. Mack states that Austin Sugg has requested a minor Comprehensive Plan amendment from Commercial to Low Density Residential for this single vacant lot. Staff has not initiated a future land use map amendment for additional surrounding properties at this time. It is the staff's opinion; this should be done to create a larger cohesive future land use area for guiding development or redevelopment of this side of 3rd Street SE. This would be far more consistent with the existing low-density residential character of the area, rather than for incremental conflicts for commercial development interspersed within the residential neighborhood. Staff is of the position that the Commission and City Council should be prepared to make these changes to the City's adopted future land use map, along all or a portion of this two -block area of 3rd SE between South Church and Loop 286. If the Commission and City Council are amenable to making changes to the future land use map guiding future residential development, then staff will initiate these changes. Staff recommends approval of this request for a Comprehensive Plan Amendment from Commercial to Low Density Residential, provided the city initiates a larger area change to the future land use map based upon the current and future uses of this two -block area along SE 3rd St. Adam Bolton, 1450 Boardwalk, is the applicant applying on behalf of Austin Sugg. Bolton states they are proposing a 2F usage for this property and acknowledge the future land use as it is today, however, there is a utility easement that services the sewer line running down to Chisum. This easement would make it difficult to achieve commercial usage. They are prepared to submit for a building permit and start residential construction as soon as possible. The public hearing was declared open. With no one speaking, the public hearing was declared closed. A motion was made by Chad Lindsey and seconded by Sims Norment to approve the comprehensive plan amendment. Motion carried 6-0. 9. Public hearing to consider and take action regarding the petition of Morad Elwir on behalf of Sarah Faber and Jerry Jackson for a Specific Use Permit (SUP) for a Fuel Station in the City of Paris, Block 41-A, Lots 1-3 and 5-8, Commercial District, located in the 300 Block of N Main St, LCAD 14017, 14016, 14015, 14022, and 14021. Mack states the applicants have requested approval of an SUP to permit the redevelopment of the subject property with a gas and convenience station at the Northeast corner of Main Street North. and Graham Street. The project includes the assembly of several parcels into a newly platted lot to facilitate this development. The City Council may, in the interest of the public welfare and to assure compliance with the zoning ordinance, establish conditions of operation, location, arrangement and construction of any use for which a permit is authorized. Staff has worked carefully with the project development team regarding the site layout and design of the improvements to assure conformity with the regulations. City Staff has also coordinated with TXDOT in providing direct input as to the design and layout of the proposed driveway approaches to Main Street to achieve the safest possible access design for the approaches. Direct access will also be provided to the site from Graham and 1 st Street NW consistent with the current site approaches prior to this redevelopment. Staff recommends approval of the SUP to permit a gas and convenience station, subject to the following conditions: 1. Approval of the site civil construction improvements by the City Engineer prior to issuance of a building permit. 2. Approval of new driveway access permits by the City and TX DOT prior to commencing any new site development construction. The public hearing was declared open. The following citizens spoke in opposition of the petition citing concerns of increased traffic, car wrecks, crime and alcohol sales: Charles Mackey, 2115 SE 401h Street, member of Graham Street Church of Christ Stacy Ladell, 1730 Majestic Dr, member of Graham Street Church of Christ Van Wilson, 2865 Cypress Dr, member of Graham Street Church of Staff Mack shared the site plan to show where the driveway access will be located on the Main Street side as well as the NW 1St Street side. Mack advised any alcohol licensing comes under a separate provision of City and State code and this is not the purview of this body to determine whether or not alcohol licenses are issued. That is a separate permit and process. Chad Lindsey asked staff if there is any concern about traffic flow in which Mack advised that this is a safe design for traffic flow with concurrence from TXDOT. The public hearing was declared closed. A motion was made by Sims Norment and seconded by Austin Anthony to approve the Specific Use Permit for a Fuel Station with noted conditions. Motion carried 5-1 with Tylesha Ross-Mosely in opposition. 10. Public hearing to consider and take action regarding the petition of the City of Paris to amend the Master Thoroughfare Plan by removing the planned extension of a collector street for Pine Mill Road West of Collegiate Drive. Mack advised that staff has reviewed the proposed collector street segment of the Master Thoroughfare Plan in relation to a new proposed subdivision development planned along the east side of the intersection of Highland Road and 25th Street NE. The proposed collector street negatively impacts a planned development of this site. Furthermore, the larger area between 25th and Main Street does not afford a good and reasonably straight connection between the two major roadways without severe jogging at multiple intersections, or costly acquisition of private property and demolition of several houses. Mack states the best roadway planning decision is to amend the plan by removing this planned Collector Street. Staff recommends approval of the Minor Amendment to the Master Thoroughfare Plan by removing the planned extension of a collector street for Pine Mill Road West of Collegiate Drive designated as proposed future collector roadway #C- 9. The public hearing was declared open. With no one speaking, the public hearing was declared closed. A motion was made by Francine Neeley and seconded by Sims Norment to approve the amendment of the Master Thoroughfare Plan. Motion carried 6-0. 11. Consideration of and action on the Preliminary Plat of the RW Cox Addition, Lot 1, Block A, LCAD Property ID 71620, located at 1690 SW 19th Street. Mack states the applicant requests simultaneous approval of a Preliminary and Final Plat. The reason for the platting is for the minor expansion addition at the rear of the fabrication business. Staff recommends approval of the Preliminary Plat without conditions. A motion was made by Clifton Fendley and seconded by Austin Anthony to approve the preliminary plat. Motion carried 6-0. 12. Consideration of and action on the Final Plat of the RW Cox Addition, Lot 1, Block A, LCAD Property ID 71620, located at 1690 SW 19th Street. Mack states this is the same property for final plat. A motion was made by Sims Norment and seconded by Clifton Fendley to approve the final plat. Motion carried 6-0. 13. Consideration of and action on the Preliminary Plat of the Tekmak Addition, Lot 1, Block A, LCAD Property ID 104787, located at 3005 N Main St. Mack states the reason for platting is for the construction of a new high-end combination extended stay and short-term overnight stay hotel complex and conference facility. Staff recommends approval of both plats subject to the following conditions: 1. An access easement for the billboard shall be shown on the Preliminary and Final Plats pursuant to the requirements of Chapter 9, Exhibit A, Section IV, (9) of the Subdivision Ordinance, or a statement shall be added to the final plat stating that said billboard shall be removed from the site prior to issuance of a building permit. 2. A grading and drainage plan shall be submitted with the civil construction plans prior to release of the final plat for recording pursuant to Chapter 9, Exhibit A, Section IV, (6) of the Subdivision Ordinance. 3. The contours shall be removed from the final plat prior to release for recording. 4. The 6" force main serving Love's shall be shown on the Preliminary Plat pursuant to Section Chapter 9, Exhibit A, Section IV, (7) of the Subdivision Ordinance. 5. The trees to be preserved shall be shown on the preliminary plat and site plan prior to final approval of the site civil construction plans pursuant to Chapter 9, Exhibit A, Section IV, (6) of the Subdivision Ordinance. A motion was made by Austin Anthony and seconded by Tylesha Ross -Mosley to approve the preliminary plat with noted conditions. Motion carried 6-0. 14. Consideration of and action on the Final Plat of the Tekmak Addition, Lot 1, Block A, LCAD Property ID 104787, located at 3005 N Main St. Mack advised this is the same plat and comments. A motion was made by Tylesha Ross -Mosley and seconded by Clifton Fendley to approve the final plat with noted conditions. Motion carried 6-0. 15. Consideration of and action on the Preliminary Plat of the Allsup's Addition, Lot 1, Block A, LCAD Property 14017, 14016,14015, 14022, and 14021, located in the 300 Block of N Main St. Mack states the applicant is requesting simultaneous approval of a Preliminary and Final Plat. The reason for platting is for the redevelopment of the site with construction of a new gas & convenience store. Staff recommends approval of the Preliminary and Final Plats subject to the following conditions: 1. The water and sewer utilities and sizes along N Main shall be shown on the Preliminary Plat pursuant to Chapter 9, Exhibit A, Section IV, (7) of the Subdivision Ordinance. 2. Cherry Street shall be shown on the Preliminary and Final Plats as being located within 200 feet of the parcels being platted pursuant to Chapter 9, Exhibit A, Section IV, (5). 3. The zoning designation on the Preliminary and Final Plats shall be changed to Commercial (C) pursuant to Chapter 9, Exhibit A, Section IV, (10) of the Subdivision Ordinance. 4. The owners name and contact information shall be added to the Preliminary and Final Plats pursuant to Chapter 9, Exhibit A, Section IV, (1) of the Subdivision Ordinance. 5. The Lot and Block description shall be added to the Preliminary and Final Plats pursuant to Chapter 9, Exhibit A, Section V, (5) of the Subdivision Ordinance. 6. The Preliminary Plat shall have a note added reading "Preliminary Plat for Inspection Purposes Only" pursuant to Chapter 9, Exhibit A, Section IV, (13) of the Subdivision Ordinance. 7. The Plat title shall be added to the Final Plat and a legend added pursuant to Chapter 9, Exhibit A, Section IV, (13) of the Subdivision Ordinance. 8. An owner's certificate of dedication shall be added to the Final Plat pursuant to Chapter 9, Exhibit A, Section V, (11) of the Subdivision Ordinance. A motion was made by Clifton Fendley and seconded by Austin Anthony to approve the preliminary plat with noted conditions. Motion carried 6-0. 16. Consideration of and action on the Final Plat of the Allsup's Addition, Lot 1, Block A, LCAD Property 14017, 14016,14015, 14022, and 14021, located in the 300 Block of N Main St. Mack states this is the final plat with same comments and conditions. A motion was made by Sims Norment and seconded by Clifton Fendley to approve the final plat with noted conditions. Motion carried 6-0. 17, Consideration of and action on the Preliminary Plat of the Taco Bueno Addition CB250, Lot 1, Block A, LCAD Property ID 53645 and 126658, located at 2330 N Main St. Mack states the applicant requests simultaneous approval of a Preliminary and Final Plat. The reason for platting is for the construction of a new drive-thru fast food restaurant. Staff recommends approval of the Preliminary and Final Plats without conditions. A motion was made by Clifton Fendley and seconded by Tylesha Ross -Mosley to approve the preliminary plat with noted conditions. Motion carried 6-0. 18. Consideration of and action on the Final Plat of the Taco Bueno Addition C13250, Lot 1, Block A, LCAD Property ID 53645 and 126658, located at 2330 N Main St. Mack advised same comments and conditions for the final plat. A motion was made by Sims Norment and seconded by Austin Anthony to approve the final plat without conditions. Motion carried 6-0. 19. Consideration of and action on the Preliminary Plat of the BSA Addition, Lots 1 and 2, Block A, LCAD Property ID 18190 and 18177, located at 2340 E Cherry Street and 2331 Pine Bluff. Mack states the applicant requests simultaneous approval of a Preliminary and Final Plat. The reason for the platting is for the construction of a new 9-plex apartment building. Staff recommends approval of the Preliminary and Final Plats, subject to the following conditions: 1. The zoning district designation shall be changed on the Preliminary Plat from 2F to SF -2 pursuant to Chapter 9, Exhibit A, Section IV, (10) of the Subdivision Ordinance. 2. The zoning district designation shall be changed on the Final Plat from 2F to MF -1, following council approval of the requested zoning change being considered at its 4/25/22 meeting pursuant to Chapter 9, Exhibit A, Section IV, (10) of the Subdivision Ordinance. 3. The sewer line on Pine Bluff shall be shown on the Preliminary Plat pursuant to Chapter 9, Exhibit A, Section IV, (7) of the Subdivision Ordinance. A motion was made by Sims Norment and seconded by Austin Anthony to approve the preliminary plat with noted conditions. Motion carried 6-0. 20. Consideration of and action on the Final Plat of the BSA Addition, Lots 1 and 2, Block A, LCAD Property ID 18190 and 18177, located at 2340 E Cherry Street and 2331 Pine Bluff. Mack states the same comments and conditions apply to the final plat. A motion was made by Clifton Fendley and seconded by Tylesha Ross -Mosley to approve the final plat with noted conditions. Motion carried 6-0. 21. Consideration of and action on the Preliminary Plat of the Ellis Addition C1345, Lot 1, Block A, LCAD Property ID 14070 and 14071, located at 710-720 W Houston St. Mack states the applicant requests simultaneous approval of a preliminary and final plat. The reason for the platting is for the construction of a new residence. All required setbacks can be met. Staff recommends approval of the Preliminary and Final Plats, subject to the following conditions: 1. Graham Street shall be shown on the Preliminary and Final Plats pursuant to Chapter 9, Exhibit A, Section IV, (5) of the Subdivision Ordinance. A motion was made by Sims Norment and seconded by Austin Anthony to approve the preliminary plat with noted conditions. Motion carried 6-0. 22. Consideration of and action on the Final Plat of the Ellis Addition C1345, Lot 1, Block A, LCAD Property ID 14070 and 14071, located at 710-720 W Houston St. Mack states the same comments and conditions apply to the final plat. A motion was made by Tylesha Ross -Mosley and seconded by Francine Neeley to approve the final plat with noted conditions. Motion carried 6-0. 23. Consideration of and action on the Final Plat of the North Lamar ISD New Elementary School Addition, Lots 1 and 2, Block A, LCAD Property ID 125581, 59292, 59287 in the 3200 Block of N Main St. Mack states that the applicant requests approval of the Final Plat. The Preliminary Plat 24. was approved by the Planning & Zoning Commission on January 3, 2022. All conditions of the Preliminary Plat approval are being met through approval of the Final Plat and the site civil improvement plans. The reason for the platting is for the construction of a new elementary school and a collector street. Review of the final site civil construction drawing for the project are now underway and will be completed prior to Final Plat approval by the City Council. Staff recommends approval of the Final Plat, subject to the following conditions: 1. The City Engineer shall complete final review and approval of the site civil improvements prior to release of the Final Plat for recording pursuant to the Subdivision Ordinance 1315 Section VIII; General Requirements Thoroughfare Plan; and Section IX Design of Improvements. 2. North Lamar Independent School District Shall enter into an Interlocal Government Agreement with the City of Paris regarding the collector street construction cost sharing prior to release of the Final Plat for recording pursuant to the Subdivision Ordinance 1315 Section X Participating Aid and Pro Rata Reimbursement Policy. 3. The name of the new collector street shall be approved by the City Council and added to the final plat prior to release of the Final Plat for recording pursuant to the Subdivision Ordinance 1315 Section V. Final Plat. A motion was made by Clifton Fendley and seconded by Austin Anthony to approve the final plat with noted conditions. Motion carried 6-0. Request items for future agendas. No request at this time. 25. Adjournment. There being no further business, the meeting was adjourned at 6:23 p.m. APPROVED THIS 2nd DAY OF MAY 2022 ��.:.....- ---..................... �..�W�..... Chairperson