Loading...
10/02/2023 MinutesMINUTES OF THE PLANNING & ZONING COMMISSION MEETING OF THE CITY OF PARIS, TEXAS OCTOBER 02, 2023 The Planning & Zoning Commission of the City of Paris met for a regular session at 5:30 p.m. on Thursday, October 02, 2023, in the City Hall, Council Chambers, 107 East Kaufman, Paris, Texas. Present Board Members: Clifton Fendley, Chance Abbott, Francine Neeley, Adam Bolton, Robert Spain, Chad Lindsey City Representatives: Mayor Reginald Hughes; Stephanie Harris, City Attorney; Robert Vine, Deputy City Manager; Todd Mittge, City Engineer; Clyde Crews, Fire Marshal; Andrew Mack, City Planner; Triniti Frazier, Community Development Coordinator Absent Board Member(s): Tylesha Ross -Mosley 1. Call meeting to order. Chairman Clifton Fendley called the meeting to order at 5:30 p.m. 2. Citizens' Forum. The citizens' forum was declared open. With no one speaking, the forum was declared closed. 3. Approve minutes from the meeting of September 07, 2023 and September 13, 2023. A Motion to approve the minutes was made by Board Member Chad Lindsey and seconded by Board Member Francine Neeley. Motion carried, 6 ayes — 0 nays. 4. Conduct a public hearing and take action regarding the petition of Shane Nandlal/Tricon Group on behalf of Michael O'Donnell of Semmmkleetaa LLC for a Specific Use Permit (SUP) for Auto Fuel Sales in a Commercial District (C) in the City of Paris, Block 251, Lot PT 27-B, LCAD 53673, located at 2335 N Main Street. Andrew Mack states the applicant requested an SUP to remodel an existing vacant building that was formerly Church's Chicken and Shell gas station. Mr. Nandlal is present here today. He is proposing to remodel with no expansion of the building, no expansion of the gas canopy. There will be complete removal of the tanks at the site. They have already been removed and the Fire Marshal is working through that with the developer and TCEQ. Essentially the site is going to be put back into use. There will be a convenience store and fast food counter. There is a substantial amount of impervious surface that is already constructed. This is a legal non- conforming site that has been vacant for several years. We do not have a detailed civil site plan at this time. More green space is planned to bring the site closer to conformity. Staff is recommending approval with the following noted conditions: Page 2 1. Approval of the site civil construction improvements by the City Engineer, Fire Marshal and Planning & Community Development Director prior to issuance of site civil and building/canopy remodel permits. 2. All broken or damaged pavement sections shall be fully repaired or replaced. 3. Full compliance with the Off -Street Parking Striping and Handicapped requirements of the Zoning Ordinance. 4. here feasible, additional greenspace and planting of canopy trees and shrubbery shall be added to the site and the greenspace area increased by 4% to comply with the buffering standards contained in Section 30-100 of the Zoning Ordinance. 5. The dumpster storage area shall be upgraded in conformance with the trash enclosure storage requirements of the Zoning Ordinance Section 30-203. 6. Full compliance with TCEQ fuel replacement requirements and said documentation affirming compliance shall be provided to the City's Fire Marshal prior to issuance of site civil and building permits. 7. Full conformity with all other requirements of the Zoning Ordinance, including Section 12-100 of the Zoning Ordinance, all applicable requirements of the Subdivision Ordinance, and all applicable City Development Guidelines and Standards. The public hearing was declared open. Shane Nandlal states that he is representing the client and will be the developer for this site. He says that they want to make the City of Paris proud with any development that they do. Nandlal further states that they are willing to conform to the landscape requirements to beautify this area. It may be something that they may not be able to fully meet but they plan to incorporate additional greenspace where feasible. He states the site had an SUP approximately 10 -years ago for fuel services and it has been abandoned since then. They want to bring it back. With no one else speaking the public hearing was declared closed. A Motion to approve the specific use permit with noted conditions was made by Board Member Chad Lindsey and seconded by Board Member Adam Bolton. Motion carried, 6 ayes — 0 nays. 5. Consideration of and action on the Preliminary Plat of the Huey Addition, Block 102, Lot 1, LCAD 15580, 15581 and 15582, located in the 1400 Block of Lamar Ave. Todd Mittge states this applicant has submitted a preliminary plat in order to build an established coffee shop similar to the one they have built in Gilmer, TX. Staff recommends approval with the following noted conditions: 1. All physical features of the property to be subdivided.... Chapter 9A, IV Preliminary Plat, (6): a. The existing concrete approach shall be shown. b. The existing sidewalk shall be shown. c. The existing concrete structures/foundations on the property shall be shown. 2. The location, size and approximate depth of all existing utilities shall be shown. Chapter 9A, IV Preliminary Plat, (7): Page 3 a. Existing water and sewer lines and potential other underground utilities shall be located through 811 requests and shown. 3. The following certificates shall be placed on the preliminary plat... Chapter 9A, IV Preliminary Plat, (14): a. The certification provided is for a final plat. The certification outlined in Chapter 9A, IV Preliminary Plat, (14) of the Code of Ordinance shall be provided. A Motion to approve the preliminary plat with noted conditions was made by Board Member Chad Lindsey and seconded by Board Member Adam Bolton. Motion carried, 6 ayes — 0 nays. 6. Consideration of and action on the Final Plat of the Huey Addition, Block 102, Lot 1, LCAD 15580, 15581 and 15582, located in the 1400 Block of Lamar Ave. Mittge states this is the same plat for the final. Staff recommends approval with the following three noted conditions: 1. The submission to and tentative approval of a preliminary plat by the Commission shall be a condition precedent to the preparation of a final plat. Chapter 9A, V Final Plat: a. Any conditions of approval for the preliminary plat shall be revised before final approval of final plat. 2. Location of proposed lots, streets, alleys, easements, parks, building setback lines (both front and side streets), minimum finished floor elevations... Chapter 9A, V Final Plat, (8): a. The minimum finished floor elevation shall be shown. 3. Certification that all taxes and fees have been paid... Chapter 9A, V Final Plat, (15): a. Embossed tax certificates shall be provided. Copies will not be accepted at filing. A Motion to approve the final plat with noted conditions was made by Board Member Chad Lindsey and seconded by Board Member Francine Neeley. Motion carried, 6 ayes — 0 nays. 7. Consideration of and action on the Preliminary Plat of the Asay Polk Street Addition CB 253B, Block A, Lot 1, LCAD 18085, located in the 2100 Block of E Polk Street. Mittge states the applicant is BSA Rentals and they have submitted a preliminary plat in order to develop the parcel for multi -family. Staff recommends approval without any conditions. A Motion to approve the preliminary plat was made by Board Member Chad Lindsey and seconded by Board Member Adam Bolton. Motion carried, 6 ayes — 0 nays. 8. Consideration of and action on the Final Plat of the Asay Polk Street Addition CB 253B, Block A, Lot 1, LCAD 18085, located in the 2100 Block of E Polk Street. Mittge states that staff recommends approval on the final plat as well with no conditions. A Motion to approve the final plat was made by Board Member Chad Lindsey and seconded by Board Member Adam Bolton. Motion carried, 6 ayes — 0 nays. Page 4 9. Consideration of and action on the Preliminary Plat of the Sky Sherman Street Addition CB 102, Block A, Lot 1, LCAD 15936, 15937, 15938, 15939 and 15940, located in the 300 Block of W Sherman Street. Mittge states the applicant is Sky -Mar Ventures and he believes the development is for a duplex. Staff recommends approval with one noted condition: 1. The location, size and approximate depth of all existing utilities shall be shown. Chapter 9A, IV Preliminary Plat, (7) a. The hydrant on the south side of W Sherman St at the west side of the property being platted shall be shown. A Motion to approve the preliminary plat with the noted condition was made by Board Member Chad Lindsey and seconded by Board Member Adam Bolton. Motion carried, 6 ayes — 0 nays. 10. Consideration of and action on the Final Plat of the Sky Sherman Street Addition CB 102, Block A, Lot 1, LCAD 15936, 15937, 15938, 15939 and 15940, located in the 300 Block of W Sherman Street. Mittge states this is the final plat and staff recommends approval with the noted condition: 1. The submission to and tentative approval of a preliminary plat by the Commission shall be a condition precedent to the preparation of a final plat. Chapter 9A, V Final Plat: a. Any conditions of approval for the preliminary plat shall be revised before final approval of final plat. A Motion to approve the final plat was made by Board Member Chad Lindsey and seconded by Board Member Adam Bolton. Motion carried, 6 ayes — 0 nays. 11. Consideration of and action on the Preliminary Plat of the Hider 158 Addition, Block A, Lot 1, LCAD 16556, located in the 1000 Block of S Church Street. Mittge states the owner is Randy Hider and the property is zoned Two -Family (2F). Staff recommends approval of the plat in order to build a duplex without any conditions. Clifton Fendley states he has received a fair amount of feedback from the public on this and it doesn't conform to the street at all. Andrew Mack addressed the commission stating that the property is zoned for Two -Family and the proposed use is in conformity with the current zoning district. The Historic Preservation Commission had discussion about this item and they approved the Certificate of Appropriateness for the design so it's ready to move forward with platting and construction. Robert Spain asked if there was an attempt to rezone the Church Street District by a previous City Council to single-family homes to protect the historic district and it was put off for a while. Mack states he is not aware of any actions to that affect before he started work here. Mack states there were some discussion amongst the neighbors about the possibility of initiating a zoning change but that zoning study never got off the ground. There is some interest from his understanding from one of the current city council members that there may be some interest in advancing that in the future. Page 5 Chad Lindsey made a motion to approve this item. Further discussion from the Commission regarding duplexes. City Attorney- Stephanie Harris advised the Commission that the only item before them is the plat and if it meets the plat requirements they are required to approve the plat. Harris further states if there are questions about future zoning it should be placed on a future agenda. Further discussion by commission with question if they can table the item. Harris explained the plat shot clock. Developer Randy Hider, 120 E Long, asked to speak to the Commission. The Chairman granted permission. Hider explained that he is following the proper design standards and the zoning ordinance. Hider further states that the Commissions only responsibility here is to approve or deny the plat based on the City of Paris requirements. Hider states that there was initial pushback from the Historic Preservation Commission and the item was tabled but they found that he is following all of the requirements, therefore, made the appropriate decision to approve it. Hider asked the Commission if they have seen the proposed project and they had not. Fendley states there is a motion on the floor by Chad Lindsey to approve the item and asked if there is a second. Francine Neeley made a motion to approve. Spain asked if the item could be tabled. Todd explained the shot clock requirements for plats and if a decision is not made timely it would automatically be approved. Further discussion from the Commission. Motion failed due to opposition from Clifton Fendley, Adam Bolton, Chance Abbott and Robert Spain. Inaudible discussion from audience. Chance Abbott made a motion to deny this item and was seconded by Robert Spain. Motion was 5-1 with Chad Lindsey opposed and Francine Neeley abstained. The City Attorney Stephanie Harris advised the Commission in this denial that they are required by law to provide a reason for denial tied back to the ordinance. It would be helpful to staff if you can articulate the reason for denial so they can provide the reason to the property owner. Chairman Clifton Fendley states a member from the Historic Preservation Commission is present if they want to allow her to speak. Fendley recognizes the member of the Historic Commission. Jessica Holtman, 722 S Church Street states that she is a resident of S Church since 2018 and also on HPC. Holtman states technically the vote coming forward from HPC was an approval but it wasn't at first. Holtman further states that she was the only member that stood up and said she would deny it and she has her own reasons for doing that. Mostly because she is an owner of a historic property on Church Street and has invested her money to live there and raise her kids there. Holtman states that she does not understand how a duplex meets the purpose and intent of the design standard specifically as it pertains to Church Street Proper. Holtman states that they had to do what the City Attorney said they needed to do and that's what got done. Holtman further states that several on the Commission felt they didn't have a choice in the matter. Holtman states that a duplex does not follow the continuity of the street and this has been a very hot topic. She is trying to figure out the legality of denying the design standard, denying the plat. Holtman states she just wanted to provide insight for the planning commission from the meeting of the Historic Preservation Commission. The will of the Commission is to reconsider the motion for item 11. A motion to reconsider was made by Clifton Fendley and seconded by Adam Bolton. A Motion to approve the preliminary plat was made by Board Member Clifton Fendley and seconded by Board Member Francine Neeley. Motion carried, 6 ayes — 0 nays. Page 6 12. Consideration of and action on the Final Plat of the Hider 158 Addition, Block A, Lot 1, LCAD 16556, located in the 1000 Block of S Church Street. Mittge states this is the final plat. Staff recommends approval with the following noted condition: 1. Location of proposed lots, streets, alleys, easements, parks, building setback lines (both front and side streets), minimum finished floor elevations... Chapter 9A, V Final Plat, (8): a. The minimum finished floor elevation shall be provided. A Motion to approve the final plat with noted condition was made by Board Member Francine Neeley and seconded by Board Member Chad Lindsey. Motion carried, 6 ayes — 0 nays. 13. Consider and discuss possible amendments to the City of Paris Zoning Ordinance Section 8- 501 Home Occupations pertaining to permitted and prohibited uses. Mack states that Clint Cheatwood has approached the City after approaching the Lamar County Health District regarding the use of an accessory building in his rear yard for improvement and licensing of a commercial catering kitchen. Staff has determined that if it is not expressly permitted, it is prohibited under the current ordinance requirements. The property is zoned Agricultural. There are some examples of spot zoning of Commercial in the area but that is not an appropriate action to recommend for the applicant to take. It is not consistent with the principal use of the property which is residential. There is an opportunity for a text amendment to the Home Occupation Ordinance. Mr. Cheatwood is here to present specific details with regard to what he plans to do. Mack asked the Commission for an opportunity for Mr. Cheatwood to approach the commission. Chairman Fendley granted permission. Clint Cheatwood, lives at 4750 Pine Mill Rd states he is the applicant. This is something he has wanted to do for a long time. He does off-site catering on a part-time basis which may be twice a month. He works full-time at Kimberly Clark and this will be very part-time. Cheatwood states that he wants to do this right and came to the Commission to ask for approval. Cheatwood states he has approximately 3.5 acres. The Commission asks staff what direction they are looking for. Andrew asks the Commission for further direction as to an administrative approval process by staff or a public hearing process to consider impact on the neighborhood etc. Fendley states it is the will of the Commission for a public hearing process. Mack states that his sense is to land somewhere between (1) one to (1.5) one and one-half acres lot in an Agricultural or One - Family Dwelling No. 1 (SF -1) zoning district. Mack states there would be restrictions on signage, or any changes to make this look like a commercial business. 14. Request items for future agendas. Page 7 Mack states the City will bring forth a text amendment for the Subdivision Ordinance regarding preliminary and final plats for their November agenda. A second item will be after City Council discussion and direction for a Church Street neighborhood land use and zoning study to be brought back to this Commission in 3-6 months depending on the scope. Chad Lindsey suggested that the new Fitzhugh Historic District be looked at for land use and zoning in the future as well. 15. Adjournment. There being no further business, the meeting was adjourned at 6:33 p.m. �RPERSO�I