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05 P&Z Commission Report & MinutesREGULAR MEETING PLANNING AND ZONING COMMISSION CITY OF PARIS - CITY HALL COUNCIL CHAMBERS 107 E. KAUFMAN STREET PARIS,___ TEXAS MONDAY FEBRUARY 4 2008 5:30 0'CLOCK P,M, . AGENDA Call meeting to order and roll call, 2. Approval of minutes from previous meetings. Janua 1 ry 7, 2008~ 3• Public Hearing to consider the petifiion of Paris Inde en for a change in zoning from an Agricultural District A t dent School District Insfiitutions District (PLI) on Lot 1, Ci Block 351 a Public Lands and Collegiate Drive. ~ , being number 2255 S, 4. Consideration of and action on the eti ' District for a change in zonin from n tion of Paris independent School 9 Agricultural District (A) to a Pubiic Lands and Institutions District (PLI) on Lot 1, Ciiy Block 351 2255 S. Collegiate Drive. , being number 5. Public Hearing to consider the petition of BETCO Dev change in zoning from a One-Family Dwellin Distric ~~pment, Inc. for a ~ Multiple-Family Dwell~ng District No. 1(MF-1) n a 12,55 N~ 2~SF~2~ to a be~ng a part of the Hiran Williams Survey, and being located at tract of land, intersection of 20th Street N.E. and Martin Luther Kin Jr. Dri the southeast g~ ve. 6. Consideration of and action on the petition of BETCO Dev a change in zoning from a One-Family Dwellin District elopment, Inc, for Multiple-Family Dwelling District No. 1(MF-1) on a 12.55 N~ 2~SF~2~ to a being a part of the Hiran'Williams Survey, and being located at ttract of land, intersection of 20th Street N,E, and Martin Luther Kin Jr. Dr' he southeast 9~ ive. 7, Presentation by Michael Hunter on behalf of Paris Livin of the program, g regarding the goals Receipt of a request from the Historic Preservation discussion of and possible action on recommendin re ~ommission and fees in the Historic Districts as an incentive to encourduced zoning-related Historic District Overlays. age establishmenfi of 9. Workshop to review and make possible revisions to the Comprehensiv Use Map, e Land 10. Receipt of advice from attorney regarding the procedure re uired o the Comprehensive Plan and discussion of and possibte action modi"fjr thereto. re(ated 11. Adjournment. POSTED: a !oo-P BY: ~ WITNESS: 1. The regular meeting of the Planning and Zoning Commission on Monday, January 7, 2008, was called to order at 5:30 p.m. by Reeves Hayter. a. The following members were present: Reeves Hayter, Chairman Curtis Fendley, Vice-Chairman Bill Harris Barbara Forrest Richard Hunt Darin Manning b. The following members were absent: Brad Archer Benny Plata Fran Neeley c. Lisa Wright, Community Development Director, was also present. 2• Approval ofminutes from previous meetings. Motion to approve the minutes of the meeting was made by Curtis Fendley, seconded by Richard Hunt. Motion carried 6-0. 3• Workshop to review and make possib/e revisions to the Comprehensive Land Use Map. Lisa Wright advised the Commission that the map given to them was created in a draw program, so the locations of some of the districts could not be pinpointed more exactly until the Engineering Department created the map over an aerial of the city. She stated that they would begin doing that once the Commission approved the map. The Commission reviewed the map and made the following recommendations: a• With regard to the two apartment complexes on S. Main, those should be left as MF. b• An additional Manufactured Housing District was added behind Wal- Mart where there is an existing trailer park. C. Add the Trail de Paris, Woodall Field, soccer fields, and the Hospital to the map. d• Correct the location of the proposed high school. e• Change Rogers-Wade to Light Industrial District. f• Change Clement Road to Commercial District. 9. Separate Retail from Commercial on the next map. After competing their review, the Commission determined that they would like the City Council to review the map before it is submitted to the public. Lisa Wright recommended that the Commission allow her to make the changes recommended and take another look at the map before submitting it to the Council to ensure it is accurate. Additionally, she recommended that the City Attorney be invited to the next meeting to provide the Commission legal advise on the required procedure for amending the map. The Commission agreed. 4. The meeting adjourned at 6:35 p.m. APPROVED THIS 4TH DAY OF FEBRUARY, 2007 Reeves Hayter, Chairman M E M 0 R A N D U M TO: FROM: DATE: CITY MANAGER LISA A. WRIGHT, DIRECTOR OF COMMUNITY DEVELOPMENT FEBRUARY 6, 2008 SUBJECT: PLANNING AND ZONING RECOMMENDATION AND REPORT 1. Consideration of and action on the petition of Paris Independent School District for a change in zoning from an Agricultural District (A) to a Pubtic Lands and Institution District (PLI) on Lot 1, City Block 351, being number 2255 S. Collegiate Drive. APPROVED 7 AYES OPPOSITION PRESENT 0 NAYS Consideration of and action on the petition of BETCO Development, Inc. for a change in zoning from an One-Family Dwelling District No. 2(SF-2) to a Multiple-Family Dwelling District (MF-1) on a 12.55 acre tract of land, being a part of the Hiram Williams Survey, and being located at the southeast intersection of 20th Street N.E. and Martin Luther King, Jr. Drive. DENIED 7 AYES OPPOSITION PRESENT 0 NAYS S:IcitydatalCommunity DevelopmentlP8ZlMemos to Counci11200812008-02-04.wpd MINUTES REGULAR MEETING PLANNING AND ZONING COMMISSION CITY OF PARIS - CITY HALL COUNCIL CHAMBERS 107 E. KAUFMAN STREET PARIS. TEXAS MONDAY, FEBRUARY 4 2008 5:30 O'CLOCK P.M. 1. The regular meeting of the Planning and Zoning Commission on Monday, February 4, 2008, was called to order at 5:30 p.m. by Reeves Hayter. A. The following members were present: Reeves Hayter, Chairman Curtis Fendley, Vice-Chairman Bill Harris Barbara Forrest Richard Hunt Brad Archer Benny Plata Francine Neeley B. The following members were absent: Darrin Manning C. Lisa Wright, Community Development Director, and Kent Mcllyar, City Attorney, were also present. 2. Approva/ of minutes from previous meetings. Motion to approve the minutes of the meeting was made by Benny Plata, seconded by Bill Harris. Motion carried 7-0. Motion to recuse Reeves Hayter from Items 3 and 4 was made by Richard Hunt, seconded by Fran Neeley. Motion carried 7-0. 3. Public Hearing to consider the petition of Paris lndependent Schoo/ District for a change in zoning from an Agricultural District (A) to a Public Lands and lnstitution District (PLl) on Lot 1, City Block 351, being number 2255 S. Col%giate Drive. The public hearing was declared open by Vice-Chairman Curtis Fendley. A. The following individuals spoke in favor of the petition: Planning and Zoning Commission February 4, 2008 Page 2 Dennis Chalaire, 441 12th Street S.E., representing the Paris Independent School District, stated that the site is the proposed location for the new high school. B. There was no opposition present. C. The public hearing was declared closed. 4. Consideration of and action on the petition of Paris lndependent Schoo/ District for a change in zoning from an Agricultural District (A) to a Public Lands and Institution District (PLl) on Lot 1, City Block 351, being number 2255 S. Co//egiate Drive. Motion to approve the request was made by Brad Archer, seconded by Fran Neeley. Motion carried 7-0. Motion to return Reeves Hayter to the meeting was made by Brad Archer, seconded by Fran Neeley. Motion carried 7-0. Motion to recuse Curtis Fendley from items 5 and 6 was made by Bill Harris, seconded by Brad Archer. Motion carried 7-0. 5• Public Hearing to consider the petition of BETCO Development, lnc, for a change in zoning from a One-Family Dwelling District No. 2(SF-2) to a Multiple-Family Dwelling District (MF-1) on a 12.55 acre tract of land, being a part of the Hiram Williams Survey, and being /ocated at the southeast intersection of 20th Street N.E. and Martin Luther King, Jr. Drive. The public hearing was declared open by Chairman Reeves Hayter. The following individuals spoke in favor of the petition: Eileen Manes, 2201 Northlake Drive, Austin, Texas, on behalf of BETCO Development, stated that they are proposing to construct an 80 unit, multi-family, affordable apartment complex with one-, finro-, and three-bedroom units. They have applied to the Texas Department of Housing for tax credits. She stated this is not Section 8 because instead of providing a subsidy to the landlord for rent, tax credits will provide the developer with up-front money to help build the complex. The tenants will pay rent that is based upon their income, and then they will be responsibte for paying the entire amount themselves. She stated that they will attempt to leave as much of a landscape buffer as possible befinreen the complex and the surrounding Planning and Zoning Commission February 4, 2008 Page 3 properties; there will a double entrance from 20th Street; they will build 14 to 16 buildings, single-story where possible; they will hire good on-site property managers; and there will be a computer center and a laundry room for the residents. She stated that community support was very important for a project like this. Bill Harris asked whether maintenance staff would live on-site also, and Ms. Manes stated they would either be on-site or nearby so they could respond quickly. Fran Neeley stated that the complex doesn't appear to be close to any of the items listed as nearby, such as schools, restaurants, etc. Ms. Manes stated that TDHCA wants a 2 mile radius, and there are several items within that radius. Bill Harris asked how many complexes built by BETCO are still owned and operated by BETCO, and Ms. Manes stated that they are just now building their first three complexes because they are a new company. She stated that they are required to maintain ownership for 17 years and to maintain the affordability status for 40 years. Mr. Harris asked if any traffic or infrastructure capacity studies had been completed. Ms. Manes stated that they had discussed drainage with the City's engineering department and were told that the sewer system in the area was of sufficient capacity. As far as traffic, they are studying this and will put curb cuts where allowed and will work with the City to potentially find better locations. Brad Archer asked what the plans for the left-over acreage would be, and Ms. Manes stated that there is a natural tree barrier on the back 2 acres that will remain, and they will probably install a perimeter fence and landscaping buffers. Richard Hunt asked if the property was taxable and what impact the development would have on the tax rolls. Ms. Manes stated that they would be investing about $8 million and they will use local contractors and suppliers. She said that this kind of property is appraised using the income approach, so about 50% of the value of the property is what they would pay taxes on. Mr. Harris asked what the plans for security were. Ms. Manes stated that the on-site property manager would address their security needs, but if they needed to hire outside security, they would do that. Planning and Zoning Commission February 4, 2008 Page 4 Chad Stephens, 3935 Miranda Drive, owner of the property, stated that, as a realtor, he sees a need for a project of this type. The following individual spoke in opposition of the petition: Virginia Allen, 1240 22nd Street N.E., stated that she had passed around a petition to seek denial of the zoning change and had received over 200 signatures. She said she could have gotten more. She stated that, within 200 feet of property, there are 37 homes, 17 of which are occupied by people over 65 years of age; there are 4 vacant lots; 2 churches; 2 houses with contracts to sell on them if the zoning goes through; 6 rental houses on which she could not contact the owners; and 1 person who is a friend of Mr. Stephens' who would not sign the petition. She stated that these people bought single-family homes and this project will make their property values go down. Ms. Allen said that BETCO wants to put 80 families in 16 buildings, so there will have to be some two-story buildings. She asked how many more cars this would generate and said it's already hard to get off 22nd Street without an accident. She said there will be more speeding and loud vehicles. She said this is probably the most dangerous curve in Paris. She said the ditches on 20th Street are littered, and this will generate more; there will be more school buses trying to get kids; there will be deaths and injuries; there is a flooding problem in the area and the added concrete will worsen this; they have rodent and mosquito problems from the property currently; and top soil has been taken off the property. She said this is more money to the Stephens, so obviously they want to sell. She said that last week City sewer crews were in the area 5 times, and the area has low water pressure. Lynn Hill, 1235 22nd Street N.E., stated that BETCO will not help the community; this will impact a much larger area than just the neighborhood around it; and it will change life in the entire area. She said that only a fence separates her from this property, and she has severe drainage issues. She said there will be more school bus traffic. With 80 units, there will have to be some finro-story buildings. She said the area will need more law enforcement, causing a need for more police to be hired. Jim Bell, 720 39th Street S.E., stated that he owns 2 properties on 22nd N.E. He said that, as a councilman, he was a strong proponent Planning and Zoning Commission February 4, 2008 Page 5 of development, but we must go beyond the proposal and look at the affect on the community. Look at the trafFic and infrastructure issues. If this goes in, BETCO should be required to fence the entire property. He said he likes the idea of single-story, inner-city development, but make sure the City is prepared to protect the property owners who are already there. He said the box culvert is not sized to handle the additional water generated. He stated that BETCO could potentially get the zoning approved, look into all the issues they will need to address, decide the project is too expensive, then not build the project. This would leave multi-family zoning in place for anything else that qualified. If there is an increase in crime and traffic, there could be a negative impact on property values. Property owners take better care of property than tenants. Ann Hardin, 1185 22nd Street N.E., stated that she recently put a lot of money into her house and she doesn't want to sell because she's comfortable where she is. She said she is not home a lot, and her property is vulnerable to access from the proposed project. Cindy Thoms, 1255 22nd Street N.E., stated that she has had sewer and drainage problems in the past. She said she would not like to see two-story buildings constructed. John Grimley, 1295 22nd Street N.E., stated that he has drainage issues and low water pressure also. He said traffic is a concern on the corner and he thinks there will be more wrecks. He stated that the police have chased people down the ditches before, and he thinks this will create more crime. He said he would be okay if they built several duplexes on the property instead. Gary Weathered, 1345 20th Street N.E., has had drainage problems because the pipes are too small so water backs up in them. He said there are no sidewalks on 20th, and BETCO had mentioned that they wanted people living in the complex to be able to walk everywhere. He said the only place to walk is in the street. He asked where the water and sewer will be tied in. George Williams, 4120 Oleander, a member of 1st Christian Church, stated that this would increase the already bad traffic on the street. He said he was in the insurance business for years, and they paid several sewer ctaims in this area. He said homeowner policies don't pay that much, and if it's a City probtem, they won't pay at all. He said that people have been arrested behind the church before. Planning and Zoning Commission February 4, 2008 Page 6 Beverly Yates, 1815 Majestic Drive, stated that she and her husband have recently put in a nearby subdivision with 12 single family homes valued from $80,000 to $300,000. She said she can't see how this will improve the value of those homes. Chairman Hayter asked other audience members to stand who were here in opposition of the request, and approximately 15 individuals stood. The following representatives of the petitioner were permitted to address the citizens' concerns: Eileen Manes, BETCO, stated that the City's engineering department advised them they would be connecting utilities to property north of theirs. She stated that their number one goal is home-buyer training and they teach tenants credit management so they can ultimately become home buyers. She stated that, on 12 acres, someone could easily develop 80 single family homes, and those would create the same problems as this project. She said BETCO will reduce the drainage problems because they will fill in the holes on the property. She stated they will attempt not to build any two-story buildings if possible; however, if they build all single-story, those buildings will have to be built on more of the lot than is currently planned. She stated that Paris has a healthy market for affordable housing, and the people who will live in these are people who already live in Paris, so there will be no increase in the total number of school buses or police needed. Chad Stephens, owner, stated that the FEMA map shows the houses in this area were built in a flood plain, and the addition of the paving will allow them to direct the water's flow. He said he's been a real estate appraiser for 17 years, and he seeing nothing that will cause a reduction in property values. He said that this zoning is the highest and best use for this tract. There are no other large tracts like this in the city. He stated that there is a privacy issue anywhere you live because neighbors everywhere can see into neighbors yards. He stated that the $8 million investment would help offset the cost of infrastructure improvements. The public hearing was declared closed. Planning and Zoning Commission February 4, 2008 Page 7 Consideration of and action on the petition of BETCO Development, lnc. for a change in zoning from a One-Family Dwelling District (SF-2) to a Multip/e-Family Dwelling District (MF-2) on a 12.55 acre tract of /and, being a part of the Hiram Williams Survey, and being /ocated at the southeast intersection of 20th Street N.E. and Martin Luther King, Jr. Drive. Fran Neeley expressed a concern that the Commission has been spending a lot of time trying to come up with a Comprehensive Land Use Map, and here is now something that won't conform to that map. She said that we have denied mobile homes in the past because they didn't fit within the map, so she wondered if this was spot zoning. Reeves Hayter added that the Commission has been trying to come up with something that we can use, so that's a real consideration. Brad Archer stated that the costs to the City of any infrastructure improvements need to be taken into consideration; how much will the developer participate in those? He stated that there was a way to develop this that would alleviate a lot of the problems the area has, but BETCO should show up front that it will adequately address those issues before zoning is granted. Lisa Wright stated that the only way to ensure all issues are addressed, such as fencing and number of stories, is through planned development zoning; otherwise no site plan negotiated would be binding on BETCO. Reeves Hayter stated that the developer won't want to spend money on an engineer without knowing he can get zoned, and the residents won't want the zoning approved until they can be assured the issues are properly addressed. Motion to deny the petition was made by Benny Plata, seconded by Fran Neeley. Motion carried 7-0. Motion to return Curtis Fendley to the meeting was made by Fran Neeley, seconded by Benny Plata. Motion carried 7-0. Presentation by Michae/ Hunter on behalf of Paris Living regarding the goa/s of the program. Lisa Wright advised that Mr. Hunter was ill and would not be here for his presentation. Richard Hunt left the meeting. Planning and Zoning Commission February 4, 2008 Page 8 Receipt of a request from the Historic Preservation Commission and discussion of and possib/e action on recommending reduced zoning-related fees in the Historic Districts as an incentive to encourage establishment of Historic District Overlays. Lisa Wright advised the Commission that the Historic Preservation Commission was seeking ways to provide more incentives for people who owned historic properties to undertake repair and restoration projects, so they were going to request that the City Council consider allowing for reduced building fees. They also wished to recommend a reduction in the zoning fee by half as an incentive to entice more owners of stand-afone historic homes throughout the city to apply for Historic District (HD) Zoning. The consensus of the Commission that saving historic homes was a worthwhile project for the City. Motion to support the request of the Historic Preservation Commission for the reduction in zoning fees was made by Fran Neeley, seconded by Bill Harris. Motion carried 7-0. Workshop to review and make possib/e revisions to the Comprehensive Land Use Map, Reeves Hayter asked if we could determine what percentage of the map was set aside for each zoning classification. Lisa Wright stated that the program she created the map in could not do that, but if the Commission approved the map as it was drawn, then she would pass it on to engineering to pull over into AutoCAD, and that program could do it. She said she would be able to tell them those numbers at the next meeting. She also stated that, in addition to amending the map, the Comprehensive Plan itself needed to be amended to provide adequate definitions for each classification shown on the land use map. Also, the zoning ordinance also needed to be amended to clamp down on the uses allowed in each district. She said some districts allowed far too many uses. The consensus of the Commission was to wait to accept the map until definitions were completed. Lisa Wright stated she would have those items completed and ready for their next meeting. Receipt of advice from attorney regarding the procedure required to modify the Comprehensive Plan and discussion of and possib/e action re/ated thereto. Kent Mcllyar advised the Commission that they would be required to hold at least one public hearing after 15 days notice in the newspaper. The City Council would have to hold a similar hearing. Reeves Hayter asked if the map should be shown to the Council before Planning and Zoning had its hearing, and the City Attorney stated that he would not recommend that because it could potentially blur the lines as to who developed the map. Planning and Zoning Commission February 4, 2008 Page 9 The meeting adjourned at 7:25 p.m. APPROVED THIS 3RD DAY OF MARCH, 2008 Reeves Hayter, Chairman