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02 P & Z Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION JUL Y 6, 2004 The Planning and Zoning Commission met Tuesday, July 6, 2004, 5:30 P.M., Love Civic Center, 2025 S. Collegiate, Paris, Texas with the following members present: 1. Benny Plata 2. Carl Lucas 3. Barbara Forrest 4. Marshall Kent 5. Reeves Hayter 6. Brad Archer 7. Bobby L. Myers Shawn Napier, the City Engineer was also present. The meeting was called to order by Reeves Hayter. 1. The minutes from the (June 7, 2004) meeting were approved with a motion by Carl Lucas, seconded by Brad Archer. Motion carried by a vote of 7 ayes and 0 nays. 2. Public Hearing to consider the petition of Christopher and Teresa Lancaster for a change in zoning from a Two-Family Dwelling District (2F) to a Neighborhood Service District (NS), the west half of Lot 20, Lot 21, and 20 feet off the east side of Lot 22, Block 3, Anita Park Addition, being located at 1735 Cleveland. The public hearing was declared open. Christopher Lancaster, 1735 Cleveland, spoke in favor of the petition stating that he would like a zoning change so that his wife can continue her business as a registered massage therapy at this location. Mr. Lancaster stated that his wife's business has really taken off and they would like to be zoned and get correct so they can obey the law and continue on their venture. Planning and Zoning Meeting July 7, 2004 Page 2 Mr. Hayter asked if Ms. Lancaster was presently in operation. Mr. Lancaster stated that Ms. Lancaster is doing a lot of chair massages at Kimberly Clark and Campbell Soup and she has been doing just one on one massages at the house. The business has grown beyond and a little more room is needed but before anything is built the property needs to be rezoned. The massages are done by appointment only and only one person at a time is accepted. She meets with one person and when that person leaves-the next person comes. Parking is adequate-Mr. Lancaster stated that he has a double driveway that goes all the way up the side of the house and Ms. Lancaster's car would be the only one there and that would leave plenty of room when anyone else is there. Mr. Lancaster stated that he is the only one who parks in the driveway on his street. Mr. Roy Gwinn, Sumner, Texas, who owns apartments that connect with Mr. Lancaster's property spoke in favor of the petition stating that Mr. Lancaster's property is the nicest on the street. Also, Mr. Gwinn stated that there has been no problems as far as parking or noise and they have the best place around there. Mr. Lancaster stated that his wife has been a registered massage therapist for about 1 year. The was no opposition, the public hearing was declared closed. 3. Consideration of and action on the petition of Christopher and Teresa Lancaster for a change in zoning from a Two-Family Dwelling District (2F) to a Neighborhood Service District (NS), the west half of Lot 20, Lot 21, and 20 feet off the east side of Lot 22, Block 3, Anita Park Addition, being located at 1735 Cleveland. Motion was made to approve the petition by Benny Plata, seconded by Bobby Myers. Motion carried by a vote of 7 ayes and 0 nays. Planning and Zoning Meeting July 7, 2004 Page 3 4. Public Hearing to consider the petition of Steve Raney 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 Lot 1, City Block 208, being located at 2303 West Kaufman. The public hearing was declared open. Steve Raney, 3730 Woodland Lane, spoke in favor of the petition stating that he would like the property that he recently purchased to be rezoned. Mr. Raney stated that the property is in a nice, older neighborhood but it is kind of a depressed lot. The house that was there burned down and a large concrete front porch is all that is left. The lot has become a footpath for some folks and the fence around it is falling down and there has been a lot of trash thrown onto the lot. Mr. Raney showed plans of his proposal to the Commission. What Mr. Raney would like to do is put in a 7 -unit apartment. Mr. Raney stated that there are similar apartments the next block over at the 100 Block of 23rd SW. These would be small efficiency apartments with the exception of the manager's apartment in the back. There would be one bedroom apartments for six and the other one would be a two bedroom apartment. There would be no dumpster out by the street and there is enough room on the lot for all vehicles to pull out head first onto the street. Each apartment would be 486 sq. ft. With the manager's apartment being a little over 1,000 sq. ft. The apartment complex would be really nice so as to increase the value of the neighborhood, constructed of brick with stone front. The property dimension is 175' deep by 62' wide. There is a drainage ditch off to the east side of the lot which makes it a fairly narrow lot. Steve Raney added that the apartments would be guided toward seniors living there, 1 or 2 persons in each apartment. There would be a privacy fence around the property that might help a few things. Wanda Brockway, 2343 W. Kaufman, spoke in favor of the petition stating that apartments at this location would be better than the bunch of weeds that is there now. Planning and Zoning Meeting July 7, 2004 Page 4 Jerry Helm, 2261 W. Kaufman, who lives directly East of the property being considered, opposed the petition stating that he is not in favor of the apartments. Mr. Helm stated that their area is a nice quiet neighborhood and the people in the neighborhood who range in age from 91 and better are not present at the meeting but oppose the petition. Mr. Helm stated that a drainage ditch runs through his property and the situation is bad enough with the mosquito nest in his back yard. Mr. Helm stated that apartment buildings start out really nice but as all buildings deteriorate, then it seems to be harder and harder to get quality tenants. Mr. Helm does not want to see that happen right beside him. There is very few children in the neighborhood but children do not have anything to do with the deterioration of property. Along Kaufman street there is rental property that is deteriorating. The last two tenants at one rental house lasted 30 days each. This shows that the house is run down or there is something really bad wrong. As apartments deteriorate, so does the tenants-Mr. Helm does not want to see this beside him. Betty Hamilton, 2315 W. Kaufman, stated that she opposes apartments but does not oppose a duplex situation. There are a lot of older people in the neighborhood and the neighborhood is quiet. Ms. Hamilton would like to get the property cleaned up. Barbara Smith, 235 45th SW, who owns the property at 2306 W. Kaufman, spoke in opposition to the petition stating that she does not want a multi-family unit there but she does not oppose a duplex. Ms. Smith has property on the corner that she may be considering for duplex zoning. Mr. Hayter stated that there was a petition presented with 15 signatures and a memo from the City Attorney, Larry Schenk. There was no further opposition, the public hearing was declared closed. Planning and Zoning Meeting July 7,2004 Page 5 5. Consideration of and action on the petition of Steve Raney for a change in zoning from a One-Family Dwelling District No.2 (SF-2) to a Multiple-Family Dwelling District No.1 (MF-l) on Lot 1, City Block 208, being located at 2303 West Kaufman. Motion was made to deny the petition by Benny Plata, seconded by Carl Lucas. Motion to deny carried by a vote of 7 ayes and 0 nays. 6. Public Hearing regarding a petition seeking the abandonment of a 120 foot wide street right-of-way known as 13th Street S.W., located in the Southwest Industrial Park, beginning at the North right-of-way line of Loop 286 S.W., going North approximately 1,713.1 feet to and including a cuI de sac. The public hearing was declared open. David Owens, Vice-President of We Pack Logistics, representative for W. W. Harper spoke in favor of the petition for the abandonment of a portion of 13th Street S.W. stating that they would like for the entrance from the Loop to their facility to be secured to limit people entering their property. Also, they would put in a perimeter fence with a guard shack entrance. A memo was submitted from the property owners requesting the street closure. Also, a memo was submitted from the City Engineer stating no objections to the closure but with the request to retain a utility and drainage easement. There was no opposition, the public hearing was declared closed. 7. Consideration of and action on the petition seeking the abandonment of a 120 foot wide street right-of-way known as 13th Street S. W., located in the Southwest Industrial Park, beginning at the North right-of-way line of Loop 286 S.W., going North approximately 1,713.1 feet to and including a cuI de sac. Planning and Zoning Meeting July 7, 2004 Page 6 Motion was made to approve by Bobby Myers, seconded by Carl Lucas, with the amendment in accordance with the stipulation by the City Engineer in his memo. Motion carried by a vote of 7 ayes and 0 nays. 8. Public Hearing regarding a petition seeking the abandonment of a thirty (30) foot street right-of-way known as 27th Street N.E., running north and south beginning at the South Boundary Line of Pine Bluff Street at the northeast corner of Lot 13-A, City Block 255-A, going south to the North Boundary Line of Lot 10, City Block 255-A, a distance of approximately 150.5 feet. The public hearing was declared open. Lyle Edwards, representing the owners of the property, spoke in favor of the abandonment of a portion of 27th Street N. E., stating that the plans are being redrawn for the east/west portion of the building to be moved 20' south that would give an alleyway behind the building from E. Price to Collegiate. Plans are being made for General Retail development of the property. With the building being moved 20' south, this would allow for the alley to go all the way around thus diverting truck traffic from E. Price to Collegiate Street. Mr. Edwards would like the option of an approach on the corner of Pine Bluff and 27th N.E. It would disperse the traffic with employee parking in the back with around 30 spaces which would be for people leasing spaces. It would be easier to get out on E. Price rather than to get out onto Collegiate at 5:00 in the afternoon. East Price would give access but it is one-way just because of space consideration, it is a one-way alley from East Price, therefore, this would give them another way out. Plans that have been redrawn with the building moved are in process. Mr. Edwards stated that an overhead could be put in at the entrance to make sure that it is only used by cars. 9. 10. 11. Planning and Zoning Meeting July 7, 2004 Page 7 There was no opposition, the public hearing was declared closed. Consideration of and action on the petition seeking the abandonment of a thirty (30) foot street right-of-way known as 27th Street N.E., running north and south beginning at the South Boundary Line of Pine Bluff Street at the northeast corner of Lot 13-A, City Block 255-A, going south to the North Boundary Line of Lot 10, City Block 255-A, a distance of approximately 150.5 feet. The Commission received a memo from the City Engineer recommending the closure of a portion of 27th Street N .E. Motion was made to approve the abandonment of a portion of 27th Street N.E. with an overhead installed at the entrance by Brad Archer, seconded by Bobby Myers. Motion carried by a vote of 7 ayes and 0 nays. Motion was made for Reeves Hayter to be excused from consideration of the next item by Brad Archer, seconded by Benny Plata. Motion carried by a vote of 6 ayes and 0 nays. Consideration of and action on the Final Plat, Lots 1 and 2, Block A, of the Lone Tree Corner, being located at 245 and 255 7th Street SW. Motion was made to approve the Final Plat by Carl Lucas, seconded by Benny Plata, subject to the City Engineer's Memo dated, June 29, 2004. Motion carried by a vote of 6 ayes and 0 nays. Motion was made by Benny Plata, seconded by Barbara Forrest for Reeves Hayter to return to the meeting. Motion carried by a vote of 6 ayes and 0 nays. Consideration of and action on the Preliminary Plat of The Residences on Stillhouse Road. Planning and Zoning Meeting July 7, 2004 Page 8 Motion was made to approve the Preliminary Plat by Benny Plata, seconded by Carl Lucas, subject to the City Engineer's Memo dated, June 29, 2004. Motion carried by a vote of 7 ayes and 0 nays. 12. Consideration of and action on the Preliminary Plat of Meadow Park Addition, Phase 3. There was a question regarding drainage that Mr. McWaters stated that he would work out with the City Engineer. Motion was made to deny the Preliminary Plat by Benny Plata, seconded by Carl Lucas, so that the developer can work out a solution with the City Engineer regarding the dead end road and submit an updated contour map. Motion carried by a vote of 7 ayes and 0 nays. Mr. Hayter advised that Item 2 should have reflected that he was excused from consideration of Item 10 in the previous minutes of June 7, 2004. Meeting adjourned at 6:40 p.m. MEMORANDUM TO: Chairman and Members of the Planning and Zoning Commission Honorable Mayor and Members of the City counci~ . ,! Lisa Wright, Director of Community Development ~ Zoning Change Requests to be Presented at the August 2, 2004, Meeting of the Planning and Zoning Commission, and the August 5, 2004, Meeting of the City Council of the City of Paris FROM: SUBJECT: DATE: July 26, 2004 The following zoning change requests will be presented at the August 2, 2004, meeting of the Planning and Zoning Commission for its consideration: 1. Jim and Sandra Lassiter are requesting that their property located at Lot 17, City Block 255- A, being number 224 25th Street N.E., be rezoned from a One-Family Dwelling District No. 2 (SF-2) to a Two-Family Dwelling District (2F). This property is across the street from Wade Park, there is Multiple Family zoning throughout this area, and the zoning change is not inconsistent with the Comprehensive Master Plan. 2. Richard Hardison, project manager for Narasimha B. Bhogavilla, is requesting that the property located at Lot 5, City Block 112-B, being number 521 12th Street S.E., be rezoned from a Two-Family Dwelling District (2F) to a Multiple-Family Dwelling District No.1 (MF-1). This entire area is currently zoned 2F, and the Comprehensive Master Plan recommends that this area be moderate-density residential; therefore, this zoning change is not inconsistent with such Master Plan. 3. The Historic Preservation Commission is requesting the designation of Historic Overlay District No.2 (HD) on parts of South Church, South Main, and 1st Street S.W. The following described area will be known as the South Church, South Main, and 1 st Street S.W. Historic District (also known as the Church Street Historic District): Starting at the intersection of West Sherman Street and 1st Street S.W., then south along 1st Street S.W. to Hearne Avenue, then east along Hearne Avenue to South Church Street, then north along South Church Street to Kaufman Street. This is the general description of the area with the following additions and exclusions: The following lots are west of 1st Street S.W. and shall be included in the area: City Block 137, Lots 6, 6A, 7, 8, 9,10,11 and 12; City Block 149, Lots 6, 7, 8, 9, 10, 11 and 12; City Block 156, Lots 7,8,9, 10, 11, 12 and 13. The following lots are east of South Church Street and shall be included in the area: City Block 181, Lots 1, 2, 3, 5, 6 and 9; City Block 140, Lots 1,2, 3,4, 4A, 5, 7, 8, 9, 10, 11, 12, 13, 14 and 15; City Block 159, Lots 1,2,3, 4,7,8,9,10,11,12,15, 15B, 16, 17 and 18A. The following lots are north of Hearne Avenue and shall be excluded from the area: City Block 157, Lots 18, 19,20 and 21; City Block 158-A, Lot 3. The area proposed by the Historic Preservation Commission contains numerous historic structures embodying distinctive characteristics of an architectural or engineering type, period, or method of construction and represents an established and familiar visible feature of the community. The purpose of the requested designation is to protect and enhance the distinctive elements of Paris's historic, architectural, and cultural heritage. This area was recommended for historic designation by ArchiTexas in its 1985 "Architectural and Historic Resource Survey of Paris, Texas." This designation is not inconsistent with the Comprehensive Master Plan. 4. The Historic Preservation Commission is requesting the designation of Historic Overlay District No.4 (HD) on part of Lot 12, City Block 52, being number 714 Graham Street (Baldwin House). The aforementioned Historic Resource Survey recommended that this structure be nominated in the National Register of Historic Places. This designation is not inconsistent with the Comprehensive Master Plan. 5. The Historic Preservation Commission is requesting the designation of Historic Overlay District No.5 (HD) on Lot 5, City Block 163, being number 623 6th Street S.B. (Gibbons House). According to the Historic Resource Survey, this house, built by former mayor Percy Gibbons in 1883, is the best remaining example of the Second Empire style. This designation is not inconsistent with the Comprehensive Master Plan. 6. The Historic Preservation Commission is requesting the designation of Historic Overlay District No.6 (HD) on Lot 3, City Block 248-B, being number 1970 C1arksville Street (Early House). The Historic Resource Survey recommended that this structure be nominated in the National Register of Historic Places. This designation is not inconsistent with the Comprehensive Master Plan. 7. The Historic Preservation Commission is requesting the designation of Historic Overlay District No. 7 (HD) on Lot 11, City Block 124, being located at 429 Grand Avenue; Lots 13, 14, and 15, City Block 124, being located at 410 and 428 W. Kaufman; Lot 16, City Block 124, being located at 440 W. Kaufman Street (First Presbyterian Church). This structure was built in 1892, and its architectural style expresses a derivative of Richardson Romanesque style. This designation is not inconsistent with the Comprehensive Master Plan. 8. The Historic Preservation Commission is requesting the designation of Historic Overlay District No. 8 (HD) on Lot 1, City Block 118, being number 357 W. Kaufman Street (Ensign Christian Center). This structure was built in 1930, and it was recommended in the Historic /lw cc: Resource Survey that this structure be nominated in the National Register of Historic Places. This designation is not inconsistent with the Comprehensive Master Plan. City Attorney