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07 Planning &Zoning Report MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION APRIL 4, 2005 The Planning and Zoning Commission met Monday, April 4, 2005, 5:30, Lamar County Fairgrounds, Westside Building, 570 E. Center Street, Paris, Texas with the following members present: 1. Reeves Hayter 2. Barbara Forrest 3. Bobby L. Myers 4. Carl Lucas 6. Marshall Kent Lisa Wright, the Director of Community Development, was also present. 1. The meeting was called to order by Reeves Hayter at 5:45 p.m. 2. Reeves Hayter reported that Mr. Plata had requested an amendment to Agenda Item No.9 which states that he thinks the City Council should contribute to the cost of the street. It should be revised to read-That the City should contribute to the cost if they require 34th Street NE to go straight thru, thus resulting in an improvement to the street. With the exception of the noted amendment requested by Benny Plata, the minutes from the March 7, 2005, meeting were approved with a motion by Carl Lucas, seconded by Bobby Myers. Motion carried by a vote of 5 ayes and 0 nays. 3. Public Hearing to consider the petition of Tony N. Williams, City Manager, acting on behalf of the City of Paris, for a change in zoning from a Public Lands and Institution District (PLI) to a Central Area District (CA) on Lot 5-A, City Block 179-A, being number 40 E. Kaufman Street. The public hearing was declared open. Lisa Wright, Director of Community, advised the Commission that the property was being sold, so zoning was requested to be changed 4. . 5. Planning and Zoning Minutes April 4, 2005 Page 2 to bring this property into conformance with other zoning in the area to a classification that would be suitable for the new property owners. There was no one present to speak in favor of the petition. There was no opposition, the public hearing was declared closed. Consideration of and action on the petition of Tony N. Williams, City Manager, acting on behalf of the City of Paris, for a change in zoning from a Public Lands and Institution District (PLI) to a Central Area District (CA) on Lot 5-A, City Block 179-A, being number 40 E. Kaufman Street. Motion was made to approve the petition by Bobby Myers, seconded by Marshall Kent. Motion carried by a vote of 5 ayes and 0 nays. Public Hearing to consider the petition of Cindy Penn for a change in zoning from a One-Family Dwelling District No.2 (SF-2) to a Neighborhood Service District (NS) on Lot 18, City Block 249, being number 2600 Clark Lane. The public hearing was declared open. Lisa Wright presented a petition in opposition to the request and advised the Commission that this would now require the City Council to approve a change in zoning by 3/4 vote. She stated that signatures from twenty percent of the property owners within 200' was needed to trigger this requirement, and sixty percent of property owners within 200' of the proposed change signed the petition. Renee Harvey, 4125 Smallwood Road, of Century 21- Parker Harvey Properties, spoke in favor of the petition. Ms. Harvey handed out pictures of the back yard facing south. Ms. Penn chose this location Planning and Zoning Minutes April 4, 2005 Page 3 after looking at several properties for both residential and photography studios. Mr. Lucas asked about parking, and Ms. Penn stated the garage is a three (3) car garage with room for parking in the back. All appointments will be scheduled with only 2-3 cars at a time. There is ample parking for operation as is because of a fenced driveway entering from Collegiate. Ms. Francine Neeley, 2650 Clark Lane, who lives next door to this property spoke in opposition stating that she and her neighbors want the neighborhood to stay residential. Ms. Neeley stated that widows in the area would not be comfortable with the change-it would be okay as long as Cindy Penn has it but once the zoning is changed, it is changed. and a future owner of the property might not be as pleasant as a photography studio. Mr. Robert Brunson, 2598 Clark Lane, stated that the area is a nice residential area and he has spent a lot of money to buy his home and he does not want a business in his neighborhood. Mr. David Lawrence, 2585 Clark Lane, stated that's why they moved there and they want it to stay that way-residential. Mr. Donald Draeger, 840 S. Collegiate, spoke in opposition to the petition stating that he moved there 5 years ago and there are a lot of elderly people there who want to be safe. Mr. Draeger stated that traffic is a problem and there are children in the neighborhood that walk home from school. Ms. Tammy Lawrence, 2585 Clark Lane, spoke in opposition stating that she agrees with her neighbor. Planning and Zoning Minutes April 4, 2005 Page 4 John Pederson, 2810 Clark Lane, spoke in opposition to the petition stating that from the curb he has a view of the backs of houses. Mr. Pederson stated that the drive is just large enough to get a car in there, not a parking lot-the drive was put in to drive an RV thru the driveway. The traffic builds up at the stop sign, so if the drive was opened up, cars would go through there a lot. There are a number of activities at the Civic Center, therefore, people would cut through her drive. Anytime that traffic is heavy and backed up at the stop sign, people would cut through the driveway where the gate is. Clark Reed spoke on behalf of his mother who lives at 675 26th Street SEe They are against a business being allowed in a residential area. Mr. Reed stated that there is a commercial area just 2 streets over and they do not think that a business should be in a residential area. There was no further opposition, the public hearing was declared closed. 6. Consideration of and action on the petition of Cindy Penn for a change in zoning from a One-Family Dwelling District No.2 (SF-2) to a Neighborhood Service District (NS) on Lot 18, City Block 249, being number 2600 Clark Lane. Motion was made to deny the petition by Carl Lucas, seconded by Bobby Myers. Motion carried by a vote of 5 ayes and 0 nays. 7. Public Hearing to consider the petition of Cody Woodard for a change in zoning from an Agricultural District (A) to a Neighborhood Service District (NS) on a one (1) acre tract of land which is a part of . the John Skidmore Survey, being located on FM 1508. The public hearing was declared open. Planning and Zoning Minutes April 4, 2005 Page 5 Laurie Woodard, Rt. 9, Paris, spoke in favor of the petition. Carl Lucas stated that the Commission had made an appropriate recommendation at its last meeting when it approved General Retail zoning for this property because the Comprehensive Plan for Future Land Use recommends that this area be zoned Light Industrial. He asked if Council referred this back to P&Z because of opposition at the meeting, and Mrs. Woodard stated that no opposition was present at the meeting. He stated that there was a tractor business next door, a trailer business around the corner, and a strip club on the highway. Reeves Hayter stated that he agreed but that he understood the Council's thinking since there was a residence across the street. Mr. Lucas stated that he still thought General Retail was appropriate, but that he did not want to keep the Woodards bouncing back and forth. Mrs. Woodard stated she did not care what the zoning was as long as she could build her beauty shop. There was no opposition, the public hearing was declared closed. 8. Consideration of and action on the petition of Cody Woodard for a change in zoning from an Agricultural District (A) to aN eighborhood Service District (NS) on a one (1) acre tract of land which is a part of the John Skidmore Survey, being located on FM 1508. Motion was made to approve by Bobby Myers, seconded by Reeves Hayter. Motion carried by a vote of 4 ayes and 1 nay. 9. Consideration of and action on the Master Plat of Pecan Place. This plat was presented last month and the motion was made to deny and come back before the Commission with certain amendments. Planning and Zoning Minutes April 4, 2005 Page 6 Brandon Chaney, the Engineer representing the Developer, stated that one of the big issues was the additional access to FM 195 which his client is not highly opposed to. However, there were concerns over a continuous street through the subdivision that would encourage all traffic on 34th Street to go through the subdivision and onto FM 195. Since it will be a large residential area with a lot of new homes 'which will be a lot of people with families, the preference is to limit high speed, high volume traffic through the bulk of the subdivision. The City Engineer recommended that 34th Street be moved over where it comes into Rene Drive so that it would line up with the remainder of 34th Street-that is not a problem. Another issue-a request has been made on a variance to the curb and gutter along Clement Road and 36th Street. Mr. Chaney stated that there are several subdivisions in which curb and gutter were not required-Armstrong, Brownwood, and part of Elk Hollow that was never built. Shannon Pasternak stated that her only concern is traffic flow. Mrs. Pasternak stated that Rene and Chantelle Drives are shown to exit onto 36th Street. She lives on the S curve and can not back out of her drive now without feeling like someone is going to run into her. She is not opposed to the housing, just the traffic. " Mr. Chaney stated that eliminating the street and having a street coming out at a different location will move traffic exiting the subdivision further .away from Ms. Pasternak's property. It will be an improvement to what was originally proposed. Chairman Hayter said he would like to see the subdivision because 200 homes would be a good thing for Paris, and he said he is sympathetic to why the developer does not want a major collector level street going through his subdivision. Chairman Hayter stated Planning and Zoning Minutes April 4, 2005 Page 7 that he is there to represent the overall community and he cannot support a project which leaves two (2) 90 degree bends and cuts off the last access between the Loop and FM 195. For Chairman Hayter to support the project there would have to be some kind of arrangement that leaves collector level access through that area whether it is through the new part or up the old route of Elk Hollow Road. There is no place to go because Reno comes through with houses in Twin Lakes. Chairman Hayter stated that his personal prefer~nce would be to develop Elk Hollow Road properly. People are used to traffic on Elk Hollow Road. Mr. Lucas stated that old ranch roads are wider than Elk Hollow Road~ This road was not part of the city until too long ago. Adding 200 home~, potentially 400 to 800 more vehicles, and obviously the City will have to do something. A. W. Clem stated that, according to the Master Plan, Collegiate was to continue on out, but it did not. Chairman Hayter stated that even if Collegiate went through, it would be time for another collector level street by the time it reached this area. Barney Bray asked if the Commission could decide what they think is acceptable and let the clients look at it and see if it is financially feasible. A. W. Clem asked the Commission if they could recommend to the City that there would be some cost effective method for them to join in on the cost of the street with the other parties. Chairman Hayter stated that he did not think it was their place to recommend that to the City Council, and if they want to do it, they will. Chairman Hayter called for a recess at 6:50 p.m. Planning and Zoning Minutes April 4, 2005 Page 8 Meeting reconvened at 6:58 p.m. Chairman Hayter stated that there appears to be several options, more complex than can be worked out in a meeting of this sort. The plat will have to be approved or denied. Chairman Hayter stated that the Commission could make a recommendation that the plat be denied and accompany that recommendation with a request to the Council that the Planning and Zoning Commission and City Council appoint a committee and sit down with the City Engineer and with the developers and work out something that is agreeable to everyone. Chairman Hayter appointed himself, Bobby Myers, and Carl Lucas to the committee. Motion made by Bobby Myers to deny the plat and for the Commission and the Council to appoint a committee to sit down with the City Engineer and the developers and work out something that is agreeable with everyone, seconded by Carl Lucas. Motion carried by a vote of 5 ayes and 0 nays. 10. Consideration of and action on the Preliminary Plat of Pecan Place, Phase I. Motion was made to deny by Marshall Kent, seconded by Carl Lucas. Motion carried by a vote of 5 ayes and 0 nays. 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 southwest quadrant of Paris. Markings were made to the Future Land Use Map by Reeves Hayter. Brad Osborne will be asked to take the 3 maps and cross match where changes are proposed so that it will be known where the Planning and Zoning Minutes April 4, 2005 Page 9 recommended changes are. That map will be presented next month for final review and recommendation on this quadrant. No further action was taken. Meeting adjourned at 7:15 p.m. MEMORANDUM FROM: Chairman and Members of the Planning and Zoning Commission Honorable Mayor and Members of the City Council Lisa Wright, Director of Community Devel opm ent ~ J TO: SUBJECT: Zoning Change Requests to be Presented at the May 2,2005, Meeting of the Planning and Zoning Commission, and the May 9, 2005, Meeting of the City Council of the City of Paris DÄTE: April 29, 2005 The following zoning change requests will be presented at the May 2,2005, meeting of the Planning and Zoning Commission for its consideration: 1. Daniel G. Elcan is requesting that the property located on Lot 6, City Block 313, being number 3850 Lamar f\.venue, be rezoned from an Agricultural District (A) to a General Retail District (GR) for the purpose of operating a retail shopping center. The Comprehensive Plan recommends that this specific lot be zoned Light Industrial, although the vast maj ority of the surrounding property is recommended to be zoned as Commercial or Retail. /lw cc: City Attorney /'~~' AFFIDAVIT REQUEST FOR AMENDMENT TO ZONING ORDINANCE NO. 1710 "'.'- ; ", ., STATE OF TEXAS COUNTY OF LAMAR § § BEFORE ME, the under~igned authority, on this day personally appeared Daniel G. Elcan "I am . , who upon oath deposes and says: Daniel G. Elcan .i and my address is P. O. Box 8328 Mobile, AL 36689 and' my phone number is ( 25'1) 460 - 0069 and I have a .proprietary interest in property located within the corporate limits of the City of Paris being described as follows: See attached Exhibit A L6t 6, City Block 313 3850 Lamar Avenue liMy interest in the above described property is' as a purchaser' and I do request a change in zoning from .:.Genera::i:' Rètáil .. '. Agriculture to "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 sch~me, as represented 'by the pre-established zoning ordinance and the long rC!lnge 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? . Ye~ 3. Is the tract unsuitable for uses permitted under the present zoning classification: therefore justifying a ch~nge in zoning? .' . Yes 4. Does the re-zoning bea~ 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? 5. HAS A COpy OF THE LAND DEED BEEN SU SWORN TO AND SUBSCRIBED BEFORE ME, by the said. !llff"- day of 1Yl~ ,20 ðJ. . ANDREA LYNN NEESE /J . ~ I/. NOTARY PUBLIC u"t~ ~ AlABAMA STATE AT LARGE '. 'T' MY COMMISSIO~ EXPIRES Notary Public, ate of +exðs - I,).. -2.oo? ~ ~" ,," FILED: '. ZONING CHANGE REQUEST MAY 2,2005 DANIEL G. ELCAN LOT 6» CITY BLOCK 313 3850 LAMAR AVENUE , ' --- ' . CD to ,(Do' ~ tJO,.7 " ' 1\\ - ~ VI .. ~ ¡.!. , I. , I '~ en' " , 'cñ ,a; ,~ ~.~ ',2 ~t .. 'f-" . ). f1t1'fr I",' ')7 J ,Cr<! " . en co CD "6' '. , , , ' , , , '/ ,:. ,~pr. , . , , , " , 'f/~ " Iß' 2 t, Q n pp 1, '~ ' N ,.N " ' ~. , ' , , " , . , ' , . . I ' I ,,21/', ~ ';'.. 3' :'f,';¡',-, ,'..,,' " I , . . .i,.', ,. " ' ,..: '.." ~ \ .., \, '... ' '" " , . 210' '39.oS: .. ",. .' , . :436.43 ' ~~,?? """,:',.!' , , '" ~ ' , , . '" , {" , " , '0' ,:', '. C\ _. :AVENUE \' " : ';.., .. l t: . ~ MORNIN ,0 .oORCHE t l' 'I' 'I /' I, , " I, ' ,),,-.:1}:- ~ t r I ,,0' .11 ')..,0 ' ,Y " ?1?70' IS'S'. " 157" , : " . " , , " '141.2' '\.' 8 ' '(I) ,...: N . , '0 , . .. ( L . ~. . c " , S,TATE P~ACE , '32;;2:Of&, i ~.¡,. .,.-P:'k " ,y, D,..-1 If ',r- {~¡.ftJ ' ~ft~ 'í I , I I to- N , N, '$IQE' T~R '" I "7' , , , , J3i\GE , ' " , ' , ' . " : ' , , . . , .. , , ' . , ',' , . ¡ I , , . ' , . )...&1 Y :JJ:: ¿, - ' I .:: I I , , to-. , It) ,If) " , '-, " " ' '0' , .. " . , , , , , , , J I 'MEMORANDUM FROM: Mayor and City Council Planning and ning Commission s~awnN.apier,. ,.1\ CIty Engmeer ,..-" U' \ TO: DATE: April 25, 2005 SUBJECT: Kennedy Subdivision (City Block 56 - Lots 1,2,20,21 & 22) 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. Show the lot as being Lot 1, Block A of the Kennedy Subdivision. 2. Show the nearest fire hydrant. A rue hydrant may be required for the new building construction. 3. Submit a site plan to the City of Paris Engineering Department for review. The plan should include: grading, drainage, utilities and proposed buildings. I recommend approval of the preliminary plat upon completion of the above items. cc: Tony N. Williams, City Manager Larry W. Schenk, City Attorney Lisa Wright, Director of Community Development Hayden F oster, Foster Land Surveying Jonathan & Joe Dan Kennedy MEMORANDUM TO: Mayor and City Council Planning and Zorn SSlon FROM: Shawn Napier, P.E. City Engineer / Publ DATE: April 27, 2005 SUBJECT: B.D.T. Subdivision 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. Provide a contact person and a phone number for the Owner. 2. Add Block A to Lots 1 & 2. 3. Add a five (5)-foot utility easement along the Lamar Ave. frontage. 4. Submit a site plan to the City of Paris Engineering Department for review. should include all the necessary civil site work. The plan I recommend approval of the preliminary plat upon completion of the above items. cc: Tony N. Williams, City Manager Larry W. Schenk, City Attorney Lisa Wright, Director of Community Development Kenneth Jones, P.E., R.P.L.S., Hayter Engineering Inc. B.D.T. Subdivision