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03 P&Z Report & Minutes REGULAR MEETING PLANNING AND ZONING COMMISSION CITY OF PARIS - CITY HALL COUNCIL CHAMBERS 107 E. KAUFMAN STREET PARIS. TEXAS MONDAY. OCTOBER 2. 2006 5:30 O'CLOCK P.M. CITIZENS NEEDING SPECIAL ACCOMMODATIONS DUE TO DISABIUTlfS SHOULD GIVE NOTICE TO THE CITY FORTY-EIGHT (48) HOURS IN ADVANCE BV CAlliNG (to3) 1U..234 OR (903) 784-"". AGENDA 1. Call meeting to order and roll call. 2. Approval of minutes from previous meetings. (September 5, 2006, Regular Meeting) 3. Public Hearing to consider the petition of Will Biard for a change in zoning from a Commercial District (C) to a Light Industrial District (LI) on Lots 1, 1A, and 2, City Block 340, being numbers 2940 and 2950 S. Church Street. 4. Consideration of and action on the petition of Will Biard for a change in zoning from a Commercial District (C) to a Light Industrial District (LI) on Lots 1, 1A, and 2, City Block 340, being numbers 2940 and 2950 S. Church Street. 5. Public Hearing to consider the petition of Rickey Ellis for a change in zoning from a Heavy Industrial District (HI) to a One-Family Dwelling District No.3 (SF-3) With Specific Use Permit (39) Mobile Home on Lot 14, City Block 171, being number 1335 4th Street SW. 6. Consideration of and action on the petition of Rickey Ellis for a change in zoning from a Heavy Industrial District (HI) to a One-Family Dwelling District No.3 (SF-3) With Specific Use Permit (39) Mobile Home on Lot 14, City Block 171, being number 1335 4th Street SW. 7. Public Hearing to consider the petition of Ray Brumback for a change in zoning from a' 'One-Family Dwelling District No. 2 (SF-2) to a Multiple-Family Dwelling District No.1 (MF-1) on Lots 1 and 2, Block 10 of the Brookside Addition, being number 2474 Clark Lane. 8. Consideration of and action on the petition of Ray Brumback for a change in zoning from a One-Family Dwelling District No. 2 (SF-2) to a Multiple-Family Dwelling District No.1 (MF-1) on lots 1 and 2, Block 10 ofthe Brookside Addition, being number 2474 Clark lane. 9. Consideration of and action on the Final Plat of Chisum Square (Starbucks), being number 3605 lamar Avenue. 10. Consideration of and possible action on amendments to the Future land Use Map, which is a part of the Comprehensive Plan, as it relates to the southeast quadrant of Paris. 11. Consideration of and possible action on amendments to the Future land Use Map, which is a part of the Comprehensive Plan, as it relates to the northeast quadrant of Paris. 12. Adjournment. POSTED: , ;-A.M. BY: WITNESS: ~'eL l)J~jl~ r MINUTES OF THE REGULAR MEETING PLANNING AND ZONING COMMISSION SEPTEMBER 5, 2006 The Planning and Zoning Commission met Tuesday, September 5, 2006, 5:30, City of Paris, City Hall, Council Chambers - Executive Session Room, 107 E. Kaufman, Paris, Texas. The following members were present: Reeves Hayter Bobby L. Myers Marshall Kent Barbara Forrest John Mark Spencer Richard Hunt Benny Plata Fran Neeley The following members were absent: Brad Archer Lisa Wright, Director of Community Development, and Shawn Napier, City Engineer, were also present. 1. The meeting was called to order by Reeves Hayter, Chairman. 2. The minutes from the August 7, 2006, Regular Meeting were approved by motion of Bobby Myers, seconded by Marshall Kent. Motion carried 8 ayes and 0 nays. Motion was made to recuse John Mark Spencer by Bobby Myers, seconded by Fran Neeley. Motion carried 7-0. 3. Public Hearing to consider the petition of John Mark Spencer for a change in zoning from a Two-Family Dwelling District (2F) to a Neighborhood Service District (NS) on Lot 11, City Block 70-B, being number 1639 Pine Bluff. The public hearing was declared open. John Mark Spencer, 3060 Aikin Drive, spoke in favor of the zoning change stating that the vacant lot is on the northwest corner of 17th NE and Pine Bluff. The house that was on the property burned. Also, the house on the property next to this property burned, and Mr. Spencer has future plans to try to buy this property also. On each corner the lots are already zoned Neighborhood Service. Mr. Spencer is proposing a future development for a check cashing business like he has in West Paris. Linda Reynolds, 359 17th Street NE, spoke in opposition the petition. Ms. Reynolds stated that she moved into the neighborhood in 1976 and at that time, the neighborhood was nice. They were appalled when the laundromat went up. Ms. Reynolds said that their lives have changed since it went in because it creates an incredible amount of trash, noise, traffic, and other problems. It has hurt the neighborhood. When they heard that they were going to have a check cashing in the neighborhood, they were upset. She said they already have to deal with the laundromat and the second hand store. There are also some very pretty trees that she would hate to see cut down. Lynn Eggers, 348 17th Street NE, spoke in opposition stating that the traffic has increased and trash ,is a problem since the laundromat opened. There is a check cashing business just a block away, so why is there a need for another business at this location? Ms. Eggers spoke on behalf of Carolyn King, who could not be present due to an illness in her family. Ms. Eggers stated that Ms. King is concerned about trash in her yard daily. People are already walking across Ms. King's yard to get to the laundromat. Ms. King is concerned about the traffic on the alley. Betty Freelen, 1619 Pine Bluff, is greatly in opposition to the change stating that she is the first house west of the two lots. She has dealt with trash and traffic and people crossing her yard since 1994. Bee Garmon, 424 17th Street NE, opposed the change stating that she lives in the same place that her father was born. She grew up in the neighborhood, and the neighborhood has changed a lot. It is already difficult to get across Pine Bluff from 17th Street. If a business goes in at this location, it could increase the traffic flow. There was no further opposition, the public hearing was declared closed. 4. Consideration of and action On the petition of John Mark Spencer for a change in zoning from a Two-Family Dwelling District (2F) to a Neighborhood Service District (NS) on Lot 11, City Block 70-B, being number 1639 Pine Bluff. Motion was made to deny by Richard Hunt, seconded by Marshall Kent. Motion carried by a vote of 6 ayes and 1 nay. Motion was made for John Mark Spencer to return to the meeting by Fran Neeley, seconded by Richard Hunt. Motion carried 7 ayes 0 nays. Motion was made for John Mark Spencer to leave the meeting by Fran Neeley, seconded by Barbara Forrest. Motion carried 6 ayes 0 nays. John Mark Spencer left the meeting at 6:00 p.m. ,. 5. Consideration of and action on the Preliminary Plat of House-Ori Development being located in the 600 Block of 25th NE. Motion was made to approve the Preliminary Plat by Bobby Myers, seconded by Benny Plata, subject to the City Engineer's recommendation. Motion carried by a vote of 7 ayes and 0 nays. Motion was made for Benny Plata to leave the meeting by Fran Neeley, seconded by Richard Hunt Motion carried 6 ayes and 0 nays. Benny Plata left the meeting at 6:05 p.m. 6. Consideration of and action on the Final Plat of Lot 1, Block A, Archer Place, being numbers 537 and 601 6th Street SE. Motion was made to approve the Final Plat by Fran Neeley, seconded by Bobby Myers, subject to the City Engineer's recommendation. Motion carried by a vote of 6 ayes and 0 nays. 7. Consideration of and action on the Final Plat of Lot 1, Block A, Signature Senior Living, being number 750 N. Collegiate. Motion was made to approve the Final Plat by Bobby Myers, seconded by Barbara Forrest, subject to the City Engineer's recommendation. Motion carried by a vote of 6 ayes and 0 nays. 8. Consideration of and action on the Final Plat of Lots 1, 2, and 3, Block A, Santa Fe Crossing, being located in the 1000 Block of North Main. Motion was made to approve the Final Plat by Bobby Myers, seconded by Marshall Kent, subject to the City Engineer's recommendation. Motion carried by a vote of 6 ayes and 0 nays. 9. Consideration of and possible action on amendments to the Future Land Use Map, which is a part of the Comprehensive Plan, as it relates to the southeast quadrant of Paris. The Commission decided to review the proposed changes shown on the map and make a formal recommendation at the next meeting. The meeting adjourned at 6:35 p.m. APPROVED THIS 2ND DAY OF OCTOBER, 2006 Reeves Hayter, Chairman r- MEMORANDUM TO: Chainnan and Members ofthe Planning and Zoning Commission Honorable Mayor and Members of the City Council FROM: Lisa Wright, Director of Community Development~ SUBJECT: Zoning Change Requests DATE: September 27, 2006 The following zoning change request will be presented at the October 2, 2006, meeting of the Planning and Zoning Commission and the October 9, 2006, meeting of the City Council of the City of Paris for consideration: 1. Will Biard is requesting that the property located on Lots 1, lA, and 2, City Block 340, being numbers 2940 and 2950 Church Street, be rezoned from a Commercial District (C) to a Light Industrial District (LI). The Comprehensive Plan recommends that this property be zoned Light Industrial (LI). The applicant has advised that the zoning request was made in order to make the property more marketable since surrounding properties are currently zoned HI. He has stated that there are no current plans in place to build on this lot. 2. Rickey Ellis is requesting that the property located on Lot 14, City Block 171, being number 1335 4th Street S.W., be rezoned from a Heavy Industrial District (HI) to a One-Family Dwelling District No. 3 (SF-3) With Specific Use Permit (39) Mobile Home. The Comprehensive Plan recommends that this property be zoned Heavy Industrial (HI). 3. Ray Brumback is requesting that the property located on Lots I and 2, Block 10 of the Brookside Addition, being number 2474 Clark Lane, be rezoned from a One-Family Dwelling District No.2 (SF-2) to a Multiple-Family Dwelling District No.1 (MF-I). The Comprehensive Plan recommends that this property be zoned Moderate Density Residential. The applicant is seeking to rent out an addition to the house and cannot do this under current zonmg. cc: City Attorney's Office r'. ~ / AFFIDAVIT REQUEST FOR AMENDMENT TO ZONING ORDINANCE NO. 1710 STATE OF TEXAS' S COUNTY OF LAMAR s BEFORE ME, the undersigned authority, on this day personally appeared Will Biard .J;' who upon oath deposes and says: Will Biard "I am whose address is 436 Church' and whose phone number is 903-785-1606 , and who has a proprietary interest in property located within the corporate limits of the City of Paris being described as follows: City Block 340, Lots 1, I-A, and 2, and described in attached deeds 2940 and 2950 S. Church My interest in the above-described property is Aaent for Owner, and I do request a change in zoning from a Commercial (C) to a Light IndustriaHLI). "In support of said request I make the following answers to questions 1-4: 1. Will the re-zoning be in accordance with the original comprehensive zoning scheme, as represented by the pre-established zoning ordinance and the long range master plan and map that has been adopted by the zoning ordinance? YES 2, Will the re-zoned designation be compatible with the classification and use of adjoining lands so as to avoid adverse impact on neighbors? YES 3. Is the tract unsuitable for uses permitted under the present zoning classification: therefore justifying a change in zoning? YES 4. Does the re-zoning bear a substantial relationship to the public health, safety, morals or general welfare or protect and preserve historical and cultural places and areas or meet a substantial public need? YES 5. HAS A COPY OF THE LAND DEED BEEN SUBMI SWORN,TO AND SUBSCRIBED BEFORE ME, by the said will Bia:td on this 24th day Ofllu..s: 200 ~ 4~::\""~~>\ ANITA HENRY ; r,,~,j, t' Notary Public ~l :,~ :J qate of Texas . , (J _ '\ 0 _ i _ ~r"OF'~~'/' (Qrr,"'''oires 02-09-2008 Notary Public, State of Texas ,F~J&l~-;j.^. r' WILL BIARD 2940 & 2950 S. CHURCH ST. OCTOBER 2, 2006 p & Z r.. AFFIDAVIT REQUEST FOR AMENDMENT TO ZONING ORDINANCE NO. 1710 STATE OF TEXAS S COUNTY OF LAMAR S BEFORE ME, the undersigned authority, on this day personally appeared Rickev Ellis who upon oath deposes and says: "I am Rickev Ellis whose address is 1720 W. Henderson, Paris, TX 75460, and whose phone number is (903) 785-55900 , and who has a proprietary interest in property located within the corporate limits of the City of Paris being described as follows: Lot 14, City Block 171 '1335 4th Street SW , My interest in the above-described property is Owner , and I do request a change in zoning from al Heavv Industrial District (HI) to a One-FJrnily Dwelling District No. 3 (SF-3) With Specific Use Permit(39 Mobile Home. "In support of said request I make the following answers to questions 1-4: 1. Will the re-zoning be in accordance with the original comprehensive zoning scheme, as represented by the pre-established zoning ordinance and the long range master plan and map that has been adopted by the zoning ordinance? YES 2. Will the re-zoned designation be compatible with the classification and use of adjoining lands so as to avoid adverse impact on neighbors? YES 3. Is the tract unsuitable for uses permitted under the present zoning classification: therefore justifying a change in zoning? YES 4. Does the re-zoning bear a substantial relationship to the public health, safety, morals or general welfare or protect and preserve historical and cultural places and areas or meet a substantial public need? YES 5. HAS A COpy OF THE LAND DEED BEEN SUBMITTED? .,1.... .'/ I ,16~ Signature SWORN TO AND SUBSCRIBED BEFORE ME, by the said Rickev Ellis on this 8th day of September, 2006. ~eL, M. ~W"'-' N ary Public, State of Texas RICKEY ELLIS 13354TH STREET SW OCTOBER 2, 2006 P & Z 327 <II /3'-0 N :I . IAJlt. 7" _...... ...J~_*L. _ _ 5 . '_..._-----..~ ---- --... '"'*i Y,,~ r. .~~ AFFIDAVIT REQUEST FOR AMENDMENT TO ZONING ORDINANCE NO. 1710 STATE OF TEXAS s COUNTY OF LAMAR S BEFORE ME, the undersigned authority, on this day personally appeared Ray Brumback who upon oath deposes and says: "I am Ray Brumback whose address is 2474 Clark Lane, Paris, TX 75460, and whose phone number is (903) 249 -5480 , and who has a proprietary interest in property located within the corporate limits of the City of Paris being described as follows: Lots 1 and 2, Block 10, Brookside Addition 2474 Clark Lane I My interest in the above-described property is Owner , and I do request a change in zoning from One-Family Dwellino District No.2 (SF-2) to a Multiole-Family Dwellino District (MF-1). "In support of said request I make the following answers to questions 1-4: 1. Will the re-zoning be in accordance with the original comprehensiye zoning scheme, as represented by the pre-established zoning ordinance and the long range master plan and map that has been adopted by the zoning ordinance? YES 2. Will the re-zoned designation be compatible with the classification and use of adjoining lands so as to avoid adverse impact on neighbors? YES 3. Is the tract unsuitable for uses permitted under the present zoning classification: therefore justifying a change in zoning? YES 4. Does the re-zoning bear a substantial relationship to the public health, safety, morals or general welfare or protect and preserve historical and cultural places and areas or meet a substantial public need? YES 5. HAS A COPY OF THE LAND DEED BEEN SUBMITTED? Yes t?~ l?n~P Sig ure of Appltcant SWORN TO AND SUBSCRIBED BEFORE ME, by the said Rav Brumback on this 12th day of September, 2'006. 17 ,. N 18 260 38 31 0 36 250' -10 19 N N 20 21 ~ 22 23 100' 25 II " 5 4 13 12 II 10 9 ~ 432 ~ "-,- : 2 '84. S' "! 3@ N .' (, N 4 '8 249 90' 46.S II Q 29E .11) RAY BRUMBACK 90' 2474 CLARK LANE ..., OCTOBER 2, 2006 tri . P & Z ~ 114 2ge~ ',,'I' . ,'....~ f" MEMORANDUM TO: Mayor and City Council Planning and Zoning Commission Shawn Napier, P.kJ V\ City Engineer / ~1to, of Public Works September 29,2006 FROM: DATE: SUBJECT: Chisum Square # 1 I have reviewed the final plat of the above referenced addition. It appears that the final plat complies with the City of Paris subdivision regulations with the following exception. 1. Show the finished floor elevation as 562.05. I recommend approval of the final plat upon completion of the above items. cc: Tony N. Williams, City Manager Lisa Wright, Director of Community Development Jim Nelson, Nelson Surveying Co. Wayne Brown a w U ;::)) o ~ ~ ~ ._-~. J !: ! I i~ : .." lifj I !~ }" J J . I J " I _ ~ ..,,. -n,........ 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WRIGHT, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: OCTOBER 4, 2006 SUBJECT: PLANNING AND ZONING RECOMMENDATION AND REPORT 1. Consideration of and action on the petition of Will Biard for a change in zoning from a Commercial District (C) to a Light Industrial District (LI) on Lots 1, 1A, and 2, City Block 340, being numbers 2940 and 2950 S. Church Street. APPROVED 8 AYES NO OPPOSITION PRESENT o NAY 2. Consideration of and action on the petition of Rickey Ellis for a change in zoning from a Heavy Industrial District (HI) to a One-Family Dwelling District No.3 (SF-3) With Specific Use Permit (39) Mobile Home on Lot 14, City Block 171, being number 1335 4th Street SW. APPROVED 8 AYES NO OPPOSITION PRESENT o NAYS 3. Consideration of and action on the petition of Ray Brumback for a change in zoning from a One-Family Dwelling District No.2 (SF-2) to a Multiple-Family Dwelling District No.1 (MF-1) on Lots 1 and 2, Block 10 of the Brookside Addition, being number 2474 Clark Lane. Consideration of and action on the Preliminary Plat of Lot 1, Block A, Archer Place, being numbers 537 and 601 6th Street SE. DENIED 8 AYES OPPOSITION PRESENT o NAYS 4. Consideration of and action on the Final Plat of Chisum Square (Starbucks), being number 3605 Lamar Avenue. APPROVED SUBJECT TO THE CITY ENGINEER'S RECOMMENDATION o NAYS 8 AYES C:\Documents and SettingslapinaItolLocal SettingslTemporary Internet Files10LKJ39\2006-10-02 (2).wpd roo MINUTES OF THE REGULAR MEETING PLANNING AND ZONING COMMISSION OCTOBER 2, 2006 The Planning and Zoning Commission met Monday, October 2,2006,5:30, City of Paris, City Hall, Council Chambers, 107 E. Kaufman, Paris, Texas. The following members were present: Reeves Hayter Bobby L. Myers Marshall Kent Barbara Forrest Brad Archer Richard Hunt Benny Plata Fran Neeley The following members were absent: John Mark Spencer Shawn Napier, City Engineer, was also present. 1. The meeting was called to order by Reeves Hayter, Chairman. 2. The minutes from the September 5, 2006, Regular Meeting were approved by motion of Fran Neeley, seconded by Benny Plata. Motion carried 8 ayes and o nays. 3. Public Hearing to consider the petition of Will Biard for a change in zoning from a Commercial District (C) to a Light Industrial District (L1) on Lots 1, 1A, and 2, City Block 340, being numbers 2940 and 2950 S. Church Street. The public hearing was declared open. Will Biard spoke in favor of the petition. Mr. Biard is requesting the zoning change to make the property more marketable since the surrounding properties are currently zoned Heavy Industrial. There was no opposition, the public hearing was declared closed. 4. Consideration of and action on the petition of Will Biard for a change in zoning from a Commercial District (C) to a Light Industrial District (L1) on Lots 1, 1A, and 2, City Block 340, being numbers 2940 and 2950 S. Church Street. r-'. Motion was made to approve by Benny Plata, seconded by Brad Archer. Motion carried by a vote of 8 ayes and 0 nays. 5. Public Hearing to consider the petition of Rickey Ellis for a change in zoning from a Heavy Industrial District (HI) to a One-Family Dwelling District No.3 (SF-3) With Specific Use Permit (39) Mobile Home on Lot 14, City Block 171, being number 1335 4th Street SW. The public hearing was declared open. Rickey Ellis spoke in favor of the petition stating that it has always been their property and that they (the people who sold it to him) told them to put it there one time when they were abstracting the land. Mr. Ellis stated that his trailer is already there-they have been living in it. Mr. Ellis thought that the city would have had to permit the mobile home to be moved in. There are mobile homes in the area. There was no opposition, the public hearing was declared closed. 6. Consideration of and action on the petition of Rickey Ellis for a change in zoning from a Heavy Industrial District (HI) to a One-Family Dwelling District No.3 (SF-3) With Specific Use Permit (39) Mobile Home on Lot 14, City Block 171, being number 1335 4th Street SW. Motion was made by approve by Bobby Myers, seconded by Fran Neeley. Motion carried by a vote of 8 ayes and 0 nays. 7. Public Hearing to consider the petition of Ray Brumback for a change in zoning from a One-Family Dwelling District No.2 (SF-2) to a Multiple-Family Dwelling District No. 1 (MF-1) on Lots 1 and 2, Block 10 of the Brookside Addition, being number 2474 Clark Lane. The public hearing was declared open. Ray Brumback spoke in favor of the petition stating that right now it is a single family dwelling but there is an apartment at the back of the house. He is seeking the change to Multi-Family Dwelling so that he can rent the apartment. It is small, one room with a kitchen and bath. Dick Boots, 2520 Clark Lane, spoke in opposition to the change stating the area in question is an established quiet neighborhood and for over 5 decades this neighborhood has remained a one-family dwelling district. Regardless of how diligent the landlord with regard to who he rents to, a door is being opened to problems arising and to future additional rezoning in that area. Mr. Boots is totally against changing the zoning. Rickey Wright, 2502 Clark Lane, spoke in opposition to the change stating that there has not been any spot zoning in the area-it has been zoned the way that it is forever and he does not want to see it changed. Mr. Wright would like to see the zoning remain as it is. Mary Ann Campbell, 2552 Clark lane, agrees with Dick Boots and Rickey Wright. She stated that two dwellings on that small street could be a problem. Ms. Campbell's concern was the type of people that would be attracted to live there since the house is not really nice. Paul Denney, 2435 Clark lane, spoke in opposition to the petition stating that he has lived in his house since 1983. He selected it because it was one of a very few predominately frame house neighborhoods that are left that thrive and are primarily home-owned buildings instead of rental property. Mr. Denney urged the Commission not to start multi-family dwelling zoning in that area. Marie Fissins, 2535 Clark Lane, spoke in opposition to the petition reiterating what Mr. Denney had just stated-that they are a predominately wooden dwelling house neighborhood. Ms. Fissins concern was safety for children in the neighborhood--knowing that children walk on the street daily to and from school with multiple cars on the street. There will be more cars on the street if it is made a multiple family dwelling place. There was no further opposition, the public hearing was declared closed. 8. Consideration of and action on the petition of Ray Brumback for a change in zoning from a One-Family Dwelling District No.2 (SF-2) to a Multiple-Family Dwelling District No. 1 (MF-1) on Lots 1 and 2, Block 10 of the Brookside Addition, being number 2474 Clark lane. Motion was made by deny by Benny Plata, seconded by Bobby Myers. Motion carried by a vote of 8 ayes and 0 nays. 9. Consideration of and action on the Final Plat of Chisum Square (Starbucks), being number 3605 lamar Avenue. Motion was made to approve the Final Plat by Richard Hunt, seconded by Marshall Kent, subject to the City Engineer's recommendation. Motion carried by a vote of 8 ayes and 0 nays. 10. Consideration of and possible action on amendments to the Future land Use Map, which is a part of the Comprehensive Plan, as it relates to the southeast quadrant of Paris. Revised maps are to be mailed to the Board members. 11. Consideration of and possible action on amendments to the Future Land Use Map, which is a part of the Comprehensive Plan, as it relates to the northeast quadrant of Paris. Revised maps are to be mailed to the Board members. 12. The meeting adjourned at 6:16 p.m. APPROVED THIS 6TH DAY OF NOVEMBER, 2006 Reeves Hayter, Chairman roo