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03 P&Z Minutes & Resports MINUTES OF THE REGULAR MEETING PLANNING AND ZONING COMMISSION DECEMBER 4, 2006 The Planning and Zoning Commission met Monday, December 4, 2006, 5:30, City of Paris, City Hall, Council Chambers, 107 E. Kaufman, Paris, Texas. The following members were present: Reeves Hayter Bobby Myers Marshall Kent Barbara Forrest Richard Hunt Brad Archer Fran Neeley The following members were absent: John Mark Spencer Benny Plata Lisa Wright, Community Development Director, was also present. 1. The meeting was called to order by Reeves Hayter, Chairman. 2. The minutes from the November 6, 2006, Regular Meeting were approved with a motion by Marshall Kent, seconded by Brad Archer. Motion carried 7 ayes and 0 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 petition requesting that the property be changed from Agricultural to Commercial. Mr. Bray was unable to be present but asked Pat Murphy to be present to address the commission concerning the propriety of this zoning change. Cecelia Lester was present last month and addressed questions to the commission regarding this application. She lives adjacentto the property. Ms. Lester's father-in-law who owns the adjacent property sold a portion of this property to Mr. Bray. Ms. Lester's concerns are regarding getting water and sewer service to the property. Mr. Bray has contractual agreements with the Lesters and whenever the property is developed, he will provide those . - I services to them. Pat Murphy stated that he has been encouraging Barney Bray for several years to get his property properly zoned so that if anything came up he would be ready to move on it. The subject is about 600 feet deep and runs along the highway basically from the Lester's shop building down to Eric Clifford and Rick Standifer's office building. The master plan recommends this zoning. The property along the US highway should be zoned commercial and this would be in keeping with the trend of what is already there. Hopefully this zoning would pull some development off the northeast loop and Lamar Avenue. Another benefit to this zoning would be the infrastructure which would mean an increase in the tax base. Every developer is required to put in a lift station at their expense but the City owns it. Also, water and sewer will have to be put in which would tie in hundreds of acres and the small water line that is already there that would probably have to be upgraded, and the City can tie in to it and serve in the future down the highway. There was no opposition, the public hearing was declared closed. 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. This item was tabled at the November 6, 2006 meeting. Motion was made to remove the item from the table by Fran Neeley, seconded by Bobby Myers. Motion carried by a vote of 7 ayes and 0 nays. Motion was made to approve the zoning request by Brad Archer, seconded by Bobby Myers. Motion carried by a vote of 7 ayes and 0 nays. 5. Public Hearing to consider the petition of Shirley Posey for a change in zoning from an Agricultural District (A) to a One-Family Dwelling District No.3 (SF-3) With Specific Use Permit (39) Mobile Home on Lot 13-F, City Block 324, (10.01 acres) being number 3100 Old Tigertown Road. The public hearing was declared open. There was no one present to speak in favor of the petition. Dee Houston, 2190 Tigertown Road, spoke in opposition to the request stating that trailers accumulates too much riff-raff. He has been living there for forty years and they are country folks and would like to keep it that way. Once the zoning is passed, there is no end to trailers coming into the area. Patricia Pridemore, 3265 Tiger Town Road, spoke in opposition stating that when she bought the property, it was outside the city limits. She is concerned about mobile homes being moved in and the kind of traffic it might bring to the area. She does not want the value of her home to decrease. Jimmy Hall, corner of CR 31150, has a nice brick duplex intersecting the County Road and he is in favor of more permanent type housing. Gloria Pirtle, who does not live within 200' of the proposed zoning change, but lives nearby, spoke in opposition stating that the property value will go down. She is also worried about possible drug traffic. There was no further opposition, the public hearing was declared closed. 6. Consideration of and action on the petition of Shirley Posey for a change in zoning from an Agricultural District (A) to a One-Family Dwelling District No. 3 (SF-3) With Specific Use Permit (39) Mobile Home on Lot 13-F, City Block 324, (10.01 acres) being number 3100 Old Tigertown Road. Motion was made to deny the petition by Bobby Myers, seconded by Brad Archer. Motion carried by a vote of 7 ayes and 0 nays. 7. Consideration of and action on the Preliminary Plat on Lot 1, Block A of the Watson Addition, being number 2104 Lamar Avenue. Motion was made to approve subject to the City Engineers' recommendation by Fran Neeley, seconded by Bobby Myers. Motion carried 7-0. After the motion was made to approve, Glen Watson stated that he does not want to dedicate a 5' right-of-way on the west side nor does he want to back up to the property line. Motion was made to rescind the previous vote by Fran Neeley, seconded by Barbara Forrest because, at Mr. Watson's request, he was not willing to give up the 5' ROW as requested by the City Engineer, and because he failed to establish setbacks on the plat. Motion carried by a vote of 7 ayes and 0 nays. Motion was made to deny the plat by Reeves Hayter, seconded by Bobby Myers to allow Mr. Watson time to discuss with city staff. Motion carried 7 ayes and 0 nays. 8. 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. The current ordinance states that a specific use permit for a mobile home can only be granted in a Single Family No.3 District. Presently, anytime there is a request for a mobile home, not only is the zoning changed for the specific use permit but the underlying zoning of the property is changed to SF-3. The Council thinks that this poses a problem because there might be an occasion when you have a tract of land in the long term you might not want to make SF- 3 zoning because this could create maybe one SF-3 zoned lot in the middle of Industrial zoning. It might be better if the underlying zoning did not have to be changed but rather leave as it is and put a specific use permit on it that is good for 5 years. It has been suggested that maybe instead of saying any zoning classification that it could be done in any zoning classification except SF-1 and SF-2. The Commission stated they felt this ordinance would make a good stop-gap measure while a new subdivision ordinance was being developed; however, they wondered if some research could be done to determine why it currently says what it does. They wanted to know what the reasoning behind it was. Lisa Wright advised the Commission that there would need to be a comprehensive look at the effect this would have on the entire ordinance, because references to setbacks and other relevant items would need to be changed as well. Motion was made to table the recommendation by Fran Neeley, seconded by Bobby Myers, until the new City Attorney can review the ordinance and make a recommendation as to whether the ordinance should remain as is or if it should be revised. Motion carried by a vote of 7 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. Maps were turned in to the Director of Community Development. No further action was taken. 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 northeast quadrant of Paris. Maps were turned in to the Director of Community Development. No further action was taken. The meeting adjourned at 6:45 p.m. APPROVED THIS 2ND DAY OF JANUARY, 2007 Reeves Hayter, Chairman T MEMORANDUM TO: CITY MANAGER FROM: LISA A. WRIGHT, DIRECTOR OF COMMUNITY DEVELOPMENT DECEMBER 5, 2006 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 A1001, and being located between the 4200 and 5300 blocks of Clarksville Street. APPROVED 7 AYES NO OPPOSITION PRESENT o NAYS 2. Consideration of and action on the petition of Shirley Posey for a change in zoning from an Agricultural District (A) to a One-Family Dwelling District No. 3 (SF-3) With Specific Use Permit (39) Mobile Home on Lot 13-F, City Block 324, (10.01 acres) being number 3100 Old Tigertown Road. DENIED NO ONE PRESENT TO SPEAK IN FAVOR OF PETITION AND OPPOSITION PRESENT o NAYS 7 AYES 3. Consideration of and action on the Preliminary Plat on Lot 1, Block A of the Watson Addition, being number 2104 Lamar Avenue. DENIED MR. WATSON TO DISCUSS FURTHER WITH STAFF o NAYS 7 AYES 4. 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, except SF-1 and SF-2, and specifying that such permit will expire within five (5) years of the date of its approval. 7 AYES WOULD LIKE FOR THE NEW CITY ATTORNEY TO REVIEW AND ADVISE o NAYS TABLED C:\Documents and Settings\apinalto\Local Settings\Temporary Internet Files\OLK339\2006-12-05.wpd CITY ATTORNEY REGULAR MEETING PLANNING AND ZONING COMMISSION CITY OF PARIS - CITY HALL COUNCIL CHAMBERS 107 E. KAUFMAN STREET PARIS. TEXAS MONDAY. DECEMBER 4. 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 BY CALLING (903) 784-9234 OR (903) 784-6688. AGENDA 1. Call meeting to order and roll call. 2. Approval of minutes from previous meetings. (November 6, 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 Brayfor 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. THIS ITEM WAS TABLED AT THE NOVEMBER 6,2006, REGULAR MEETING. SHOULD THE COMMISSION WISH TO CONSIDER THIS MATTER TODAY, A MOTION TO BRING THIS ITEM FROM THE TABLE IS REQUIRED. 5. Public Hearing to consider the petition of Shirley Posey for a change in zoning from an Agricultural District (A) to a One-Family Dwelling District No.3 (SF-3) With Specific Use Permit (39) Mobile Home on lot 13-F, City Block 324, (10.01 acres) being number 3100 Old Tigertown Road. 6. Consideration of and action on the petition of Shirley Posey for a change in zoning from an Agricultural District (A) to a One-Family Dwelling District No.3 (SF-3) With Specific Use Permit (39) Mobile Home on Lot 13-F, City Block 324, (10.01 acres) being number 3100 Old Tigertown Road. T 7. Consideration of and action on the Preliminary Plat on Lot 1, Block A of the Watson Addition, being number 2104 Lamar Avenue. 8. 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, except SF-1 and SF-2, and specifying that such permit will expire within five (5) years of the date of its approval. 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. 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 northeast quadrant of Paris. 11. Adjournment. POSTED: CITY HALL ANNEX BULLETIN BOARD. NOVEMBER 27. 2006 AT~:,/t; P.M. BY: \ Ioftu'1J .rJ!Jddltu of ~~ /AJ~ WITNESS: 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. T' 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 ofthe 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 T 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: November 21, 2006 The following zoning change request will be presented at the December 4, 2006, meeting of the Planning and Zoning Commission and the December 11, 2006, meeting of the City Council of the City of Paris for consideration: 1. Shirley Posey is requesting that the property located on Lot 13-F, City Block 324, (10.01 acres), being number 31 00 Old Tigertown Road, be rezoned from an Agricultural District (A) 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 Agricultural (A). cc: City Attorney's Office T .,......~.._....,.. >- I 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 Shirley Posey who upon oath deposes and says: "I am Shirley Posey whose address is 574 CR 35960, Arthur City, TX 75411, and whose phone number is (903) 732-4819 , and who has a proprietary interest in property located within the corporate limits of the City of Paris being described as follows: Lot 13-F, City Block 324 -Part of 19.38 ac., (10.01 ac) . 3100 Old Tigertown Road My interest in the above-described property is Contract to Buy , and I do request a change in zoning from Aoricultural District (A) to a One-Family Dwellino 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? \_ No deed provided (" t .".f ,.... cr2. Signature of Ap :' icant SWORN TO AND SUBSCRIBED BEFORE ME, by the said Shirley Posey on this 15th day of November, 2006. FILED: 11- I~"" 04> >r{F:~ 0 [Q? 0 N JANICE WORTHAM NOTARY PUBLIC STATE OF TF>.'A~ - .- .-- -T" 'T MEMORANDUM TO: Mayor and City Council Planning and Zoning Commission Shawn NaPier,~~ . City Engineer / D~~kr of Public Works FROM: DATE: November 27,2006 SUBJECT: Watson Addition I have reviewed the preliminary plat of the above referenced addition. It appears that the preliminary plat complies with the City of Paris subdivision regulations with the following exception. 1. Dedicate five (5) foot of Right-of-Way (ROW) along 21st Street S.E. 2. Add a five (5) foot utility easement along Lamar Ave. 3.. Show the existing zoning as general retail (GR). I recommend approval of the preliminary plat upon completion of the above items. cc: Tony N. Williams, City Manager . Lisa Wright, Director of Community Development Jim Nelson, Nelson Surveying Co.