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
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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.
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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
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WITNESS:
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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 .,......~.._....,.. >-
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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.