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03 P&Z Minutes and Report REGULAR MEETING PLANNING AND ZONING COMMISSION CITY OF PARIS. CITY HALL COUNCIL CHAMBERS 107 E. KAUFMAN STREET P ARIS~ TEXAS MONDA y~ NOVEMBER 6~ 2006 5:30 O'CLOCK P.M. CITIZENS NEEDING SPECIAL ACCOMMODATIONS DUE TO DISABILITIES SHOULD GIVE NOTICE TO THE CITY FORTY-EIGHT (48) HOURS IN ADVANCE 8Y CALLI,N'G (903) 784-S234 OR (S03) 784-66BB. AGENDA 1. Call meeting to order and ~oll call. 2. Approval of minutes from previous meetings. (October 2,2006, Regular Meeting) 3. Public Hearing to consider the petition of Barney Bray for a change in zoning from an Agricultural District (A) to a Commercial District (C) on 53.624 acres which are a part of the Joshua Moore Survey A571, the Joseph Leech Survey A524, and the J.W. Williams Survey A1001, and being located between the 4200 and 5300 blocks of Clarksville Street. 4. Consideration of and action on the petition of Barney Bray for a change in zoning from an Agricultural District (A) to a Commercial District (C) on 53.624 acres which are a part of the Joshua Moore Survey A571, the Joseph leech Survey A524, and the J.W. Williams Su~ey A1001, and being located between the 4200 and 5300 blocks of CI,arksville Street. 5. Consideration of and possible action on recommending to the City Council a revision of Zoning Ordinance No. 1710 to allow the granting of a Specific Use Permit (39) Mobile Home in any zoning district, and specifying that such permit will expire within five (5) years of the date of its approval. 6. 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. 7. 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. r 8. Adjournment. POSTED: BY: WITNESS: CITY HALL ANNEX BULLETIN BOARD. NOVEMBER 1. 2006 ATU:4~.M. J~~ ~td ~CiL iJ)~ r 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, 1_,07 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 (LI) 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 (LI) 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 Perm,it (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. r 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 ofthe Comprehensive Plan, as it relates to the southeast quadrant of Paris. Revised maps are to be mailed to the Board members. r 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 r" MEMORANDUM TO: Chairman and Members of the Planning and Zoning Commission Honorable Mayor and Members of the City Council FROM: Lisa Wright, Director of Community Development SUBJECT: Zoning Change Requests DATE: October 27, 2006 The following zoning change request will be presented at the November 6, 2006, meeting of the Planning and Zoning Commission and the November 13,2006, meeting of the City Council of the City of Paris for consideration: 1. Barney Bray is requesting that a 53.624 acre tract ofland, which is a part of the Joshua Moore Survey A571, the Joseph Leech Survey A524, and the J. W. Williams Survey A1001, and is located between the 4200 and 5300 blocks of Clarksville, be rezoned from an Agricultural District (A) to a Commercial District (C). The Comprehensive Land Use Plan recommends that the northernmost part of this property be zoned Commercial/Retail and that the southernmost part be zoned High-Density Residential. cc: City Attorney's Office AFFIDAVIT REQUEST FOR AMENDMENT TO ZONING ORDINANCE NO. 1710 STATE OF TEXAS S COUNTY OF LAMAR 9 BEFORE ME, the undersigned authority, on this day personally appeared BRANEY W. BRAY III , who upon oath deposes and says: "I am BARNEY W. BRAY III , and my address is 1802 SOUTH CHURCH. PARIS. TEXAS (PHONE NO. 903-784-4300 ) and I have a proprietary interest in property located within the corporate limits of the City of Paris being described as follows: SEE EXHIBIT A ATTACHED "My interest in the above described property is owner and I do request a change in zoning from AGRICULTURAL to COMMERCIAL District. District "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 SUBM SWORN TO AND SUBSCRIBED BEFORE ME, by the said this 13- day of SEPTEMBER , 2006. Filed: O~ ~ f}06 rp ~~ TQMASA MENDOZA MY COMMISSION EXPIRES Febl'U8ly 17, 2010 r MEMORANDUM TO: Chairman and Members ofthe Planning and Zoning Commission FROM: Lisa A. Wright, Director of Community Development SUBJECT: Proposed Amendment to Zoning Ordinance No. 1710 DATE: October 31, 2006 Attached hereto is a draft proposed amendment to the Zoning Ordinance that will allow the placement of mobile homes in any zoning classification upon the granting ofa Specific-Use Permit. The City Council requested this amendment in order to avoid changing the underlying zoning on a piece of property to allow a use that expires after a certain period oftime. /lw r ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT ORDINANCE NO. 1710 BE AMENDED BY REVISING SECTIONS 8-101 AND 12-100 OF SAID ORDINANCE; PROVIDING FOR THE PERMITTED USE OF A MOBILE HOME IN ALL ZONING CLASSIFICATIONS WITH A SPECIFIC-USE PERMIT; PROVIDING FOR THE EXPIRATION OF SPECIFIC-USE PERMITS FOR MOBILE HOMES; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWItH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Zoning Ordinance No. 1710 currently provides that a specific-use permit for a Mobile Home (39) can only be granted in a One-Family Dwelling District No.3 (SF-3), with permits for single-wide mobile homes expiring at the end of five (5) years; and, WHEREAS, although there are areas throughout the city with other zoning classifications in which a mobile home might be an appropriate use, in order for a mobile home to be placed in such areas, the underlying zoning must be changed permanently, despite the fact that the specific-use permit will expire; and, WHEREAS, changing the underlying zoning in order to grant a permit which will expire after a certain period could adversely affect the area surrounding the property upon with a specific- use permit has been granted if the characteristics ofthe area have changed substantially over time so that a residential use is no longer appropriate; and, WHEREAS, in order to allow specific-use permits for mobile homes without requiring a change in the underlying zoning, it is appropriate that Section 8-101 of Zoning Ordinance No. 1710 be amended to provide for the placement of a mobile home in any zoning classification with the granting of a specific-use permit by the Planning and Zoning Commission and the City Council; and, WHEREAS, the Planning and Zoning Commission is currently in the process of revising the Comprehensive Land Use Map as well as developing a new ordinance to regulate mobile and manufactured homes, and it is appropriate that, during this period, specific-use permits for mobile homes, single- and double-wide alike, expire at the end of five (5) years; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That Ordinance No. 1710 of the City of Paris, Paris, Texas, be amended by revising Section 8-101 of said ordinance by providing for the permitted use of a Mobile or Manufactured Home (39) in all zoning classifications with a specific-use permit. Section 3. That Ordinance No. 1710 of the City of Paris, Paris, Texas, be amended by revising Section 12-100 of said Ordinance so that such shall read as follows: "12-100 r- (39) Mobile home in any zoning district with the further restriction that mobile homes may only receive a specific-use permit for a period not to exceed five (5) years with renewals permitted. " Section 4. That any person violating any of the provisions of this ordinance shall be guilty of a Misdemeanor and, upon conviction, shall be fined in any sum not to exceed $2000.00, and each and every day's continuance of any violation of the above-enumerated sections shall constitute and be deemed a separate offense. Section 5. That all ordinances or parts of orqinances in conflict herewith are hereby expressly repealed. Section 6. That this ordinance shall become effective on []. PASSED AND ADOPTED this [] day of [], 2006. Richard Manning, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: John D. Lestock, Assistant City Attorney r APPENDIX C-ZONING ORDINANCE Section 8. Use of Land and Buildings 8-100 Land and buildings in each of the following classified districts may be used for any of the following listed uses; but no land shall hereafter be used, and no building or structure shall hereafter be erected, altered or converted which is arranged or designed or used for other than those uses specified for the district in which it is located as set forth by the following schedule: LEGEND Designates use permitted in district indicated. D Designates use prohibited in district indicated. m Indicates use may be approved as Specific Use Permit (See Section 12). Note: Symbols applicable to following Use Schedule Charts 8-101-8-108. Schedule of Uses One-Family Dwelling D," ta<:hed One-Family Dwelling At. tached (1) Th'o-Family Dwelling Multiple-Family or Ap8lt. lIl"nt Building Community Unit Develop~ n"'nt (2) Boardinghouse Roominghouse Bed and Breakfast Historical Residence (41) Modular Home Mobile Home Mobile Home Subdivision Mobile Home'Park Supp. No. 44, Rev. 2 MF MF A SF I SF 2 SF 3 2F I 2 PONS OR C CA U HI PO PL/ ESS HD' ~ ~ 'E S "2;; E~~~~'r.i;~ t5 ~ 0 .:: E~!1~!1~!1~..iJ~.::i~ i'';;g 1i ~::: ~ ~ r:;.::: ~ ~ .2-:.::: .~:.:: ~ ~.~ 1; e .~ ~ ~ ~ ~ ~] g] 11] ~] i J .ao p _~ c: -.: Cl:lCl:lCl:le::l:l~l:l~l:l.e Cf ~Jj <.:l 8 8-101 PRIMARY RESIDENTIAL USES o ., .( ~ ] e _~~~ 1: $] 0 ~ ~ ~..::; ~ oS :l ~~ ~ t: ... ." ~ oS>! ~ ~ .~] a ~ ~ ":3 a:: l:l 0:: a 3037 " ~ o .,.. ~:go~ a(j) S.~ 'g.~ ~ t .~.; r.:i "" ::z: l:l t) 12 !n S ~ ~ g: o C.) ~ 12 ~8 TO MEMORANDUM TO: CITY MANAGER LISA A. WRIGHT, DIRECTOR OF COMMUNITY DEVELOPMENT NOVEMBER 7, 2006 FROM: DATE: SUBJECT: PLANNING AND ZONING RECOMMENDATION AND REPORT 1. Consideration of and action on the petition of Barney Bray for a change in zoning from an Agricultural District (A) to a Commercial District (C) on 53.624 acres which are a part of the Joshua Moore Survey A571 , the Joseph Leech Survey A524, and the J.W. Williams Survey Ai 001, and being located between the 4200 and 5300 blocks of ClarksviUe Street. 2. Consideration of and possible action on recommending to the City council a revision of Zoning Ordinance No. 1710 to alloW the granting of a specific Use Permit (39) Mobile Home in any zoning district, and specifying that such permit will expire within five (5) years of the date of its approval. TABLED 5 AYES NO OPPOSITION PRESENT o NAYS APPROVED 5 AYES NO OPPOSITION PRESENT o NAYS C:\Documents and Setnngs\apinalto\Local Setnngs\Temporary Internet Files\OLK339\2006-11-07.wpd r MINUTES OF THE REGULAR MEETING PLANNING AND ZONING COMMISSION NOVEMBER 6, 2006 The Planning and Zoning Commission met Monday, November 6,2006,5:30, City of Paris, City Hall, Council Chambers, 107 E. Kaufman, Paris, Texas. The following members were present: Reeves Hayter Marshall Kent Brad Archer Richard Hunt Fran Neeley The following members were absent: John Mark Spencer Bobby Myers Benny Plata Barbara Forrest Lisa Wright, Community Development Director, was also present. 1. The meeting was called to order by Reeves Hayter, Chairman. 2. The minutes from the October 2, 2006, Regular Meeting were approved by motion of Fran Neeley, seconded by Brad Archer. Motion carried 5 ayes and o nays. 3. Public Hearing to consider the petition of Barney Bray for a change in zoning from an Agricultural District (A) to a Commercial District (C) on 53.624 acres which are a part of the Joshua Moore Survey A571, the Joseph leech Survey A524, and the J.W. Williams Survey A1001, and being located between the 4200 and 5300 blocks of Clarksville Street. The public hearing was declared open. Brad Hutchison, attorney representing Barney Bray, spoke in favor of the request stating that Mr. Bray would like for the property to be rezoned to Commercial for the property to be more marketable. Brad Hutchison stated that Mr. Bray has some inquiries on the property if the zoning is Commercial but he does not have a pending contract. Kenneth Webb, 1151 23rd S.E., Paris, Texas, spoke on behalf of the Breakfast Optimistic Club stating that he was present to find out what the plans are for the property. r Mr. Hutchison was concerned about the additional information requested by the Commission-he thinks the item should be tabled until the next meeting so that Barney Bray can be present. 4. Consideration of and action on the petition of Barney Bray for a change in zoning from an Agricultural District (A) to a Commercial District (C) on 53.624 acres which are a part of the Joshua Moore Survey A571 , the Joseph leech Survey A524, and the J.W. Williams Survey A1001, and being located between the 4200 and 5300 blocks of Clarksville Street. Motion was made to table until December 4, 2006, 5:30 p.m. by Fran Neeley, seconded by Richard Hunt. Motion carried by a vote of 5 ayes and 0 nays. 5. Consideration of and possible action on recommending to the City Council a revision of Zoning Ordinance No. 1710 to allow the granting of a Specific Use Permit (39) Mobile Home in any zoning district, and specifying that such permit will expire within five (5) years of the date of its approval. Motion was made to approve the recommendation and submit to the City Council for consideration by Brad Archer, seconded by Fran Neeley. Motion carried by a vote of 5 ayes and 0 nays. 6. 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. No quorum present now-therefore, no action taken. 7. 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. No quorum present now-therefore, no action taken. The meeting adjourned at 5:55 p.m. APPROVED THIS 4TH DAY OF DECEMBER, 2006 Reeves Hayter, Chairman r -