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02 City Council (02/07/2002)MINUTES OF THE REGULAR MEETING OF THE CITY COUNCII, FEBRUARY 7, 2002 The City Council of the City of Paris met in regular session Thursday, February 7, 2002, 6:00 P. M., Paris Junior College, 2400 Clarksville Street, Paris, Texas, Applied Technology Building, Room 1016. Mayor Pfiester called the meeting to order with the following Council Members present: Joe McCarthy, Richard Manning, Kevin Gray, and Benny Plata. Also present were City Manager Michael E. Malone, City Attorney Larry W. Schenk, and Mattie Cunningham City Clerk. City Manager Malone presented the minutes of the Planning and Zoning Commission's meeting of February 4, 2002, and attached hereto to as Exhibit A to these minutes. Mayor Pfiester declared the public hearing open on the petition of Joe Chamy for a change in zoning from an Agricultural District (A) to a One-Family Dwelling District No. 3(SF-3) on Tract 1 to Planning Development District (PD-b) Housing Development and Tract 2, Lot 2, City Block 308, located in the 500 Block of 19"' Street S. W. (also referred to as 1400 W. Washington Street). Mayor Pfiester called for proponents to appear and Mary Lane came forward telling the City Council that she is one-half owner in the property in question, which is only about three blocks from the new Heritage Park Ms. Lane stated that the project would be a wonderful opportunity for west Paris. She said that Mr. Chamy is willing to take a chance on west Paris and he is to be commended for that. She requested that the City Council favorably consider this zoning change. Ed Vaughan, with the firm of Vaughan Architect Plus, appeared advising the City Council that they are the architects that Mr. Chamy has retained to design this property. Mr. Vaughan stated that the project will be a great improvement to the neighborhood, and as the architect, he was prepared to answer any questions that anyone might have regarding the project. Joe Chamy came forward requesting approximately nine acres to be rezoned as City Council Meeting February 7, 2002 Page 2 Planned Development and the remaining ten acres be rezoned as Single Family Development. Mr. Chamy said he is going to build seventy-six units of senior citizen housing. This will be extremely low density housing of approximately nine units to the acre. There will be nineteen four-plex, single story units. The complex will be comprised of sixty-eight one bedroom units that will be roughly 750 square feet in size. There will be eight two bedroom units of about 950 square feet in size. There will be only one access to this entire community; it will have fencing all the way around and it will be gated. Mr. Chamy advised that there will be a community room with approximately 4,000 square feet along with a swimming pool, library and health facility. Mr. Chamy advised that he has been involved in development of multi-family complexes for about fifteen years, specializing in affordable housing. He passed out pictures of other complexes that his company constructed and managed and letters of recommendations from mayors of those communities. Herschel Blankenship, 1885 West Washington, appeared in support of the Senior Living Complex being developed. He felt this would be a start in cleaning up this part of the city. Mayor Pfiester called for opponents to appear, and Angela Bedford, 620 19"' SW, was present expressing opposition to the rezoning. She said this sounds good, but felt it will increase traffic and she would like for the wooded areas to stay. Ms. Bedford said if grandchildren were allowed to live with their grandparents, this would defeat the purpose of a senior citizens complex. Mr. Chamy responded by saying that this would not be allowed and this matter would be covered by the lease agreement. Councilman Plata informed Ms. Bedford that the wooded area that she referred to is not part of the property where the complex will be constructed. Jerry Newberry, 820 19"' SW, appeared stating that he was really not for or against the complex, but he was a concerned neighbor in that area. Mr. Newberry discussed those concerns with the developer and the City Attorney. City Council Meeting February 7, 2002 Page 3 In the discussion that followed, City Attorney Schenk pointed out that in the event that Mr. Chamy did not follow through with the project, the zoning would remain as it had been changed and would not revert back to the original zomng. ORDINANCE NO. 2002-005 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A ONE-FAMII,Y DWELLING DISTRICT NO. 3(SF-3) ON TRACT 1 AND PLANNED DEVELOPMENT DISTRICT - HOUSING DEVELOPMENT (PD-b) ON TRACT 2, BOTH TRACTS BE1NG PARTS OF LOT 2, CITY BLOCK 308, REQUESTED BY JOE CHAMY, AGENT FOR J. R. LANE, OWNER, AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS AN AGRICULTURAL DISTRICT (A); DESIGNATING THE BOUNDARIES OF THE ONE-FAMILY DWELLING DISTRICT NO. 3(SF-3) ON TRACT 1, AND PLANNED DEVELOPMENT DISTRICT - HOUSING DEVELOPMENT (PD-b) ON TRACT 2, BOTH TRACTS BE1NG PARTS OF LOT 2, CITY BLOCK 308, SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES 1N CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE OF MARCH 1, 2002, WAS PRESENTED. A motion was made by Councilman Gray, seconded by Mayor Pro Tem Manning, for adoption of the ordinance. The motion carried 5 ayes, 0 nays. Mayor Pfiester declared the public hearing open to consider the petition of Tracy Clay for a change in zoning from a Two-Family dwelling district (2F) to a One-Family Dwelling District No. 2(SF-3) With Specific Use Permit (39) Mobile Home on Lots 3 and 4, Block 1, Locust Hill Addition, being located in the 300 Block of Brown Avenue. City Council Meeting February 7, 2002 Page 4 Mayor Pfiester called for proponents to appear and Tammy Green with Paris Quality Homes, 300 N. E. Loop 286, came forward stating that she would like to purchase this property in order to place a manufactured home on it. Ms. Green presented photographs for the surrounding area and examples of the type home that they will be placing on the property. Ms. Green pointed out that the wording on the change in zoning states mobile home and that term is outdated, and it really needs to be addressed. Ms. Green said the lot is 75' x 100 and they intend to place a double-wide home, 28' x 40', on the property leaving ample space for parking. Mayor Pfiester called for opponents to appear, none appeared and the public hearing was declared closed. ORDINANCE NO. 2002-006 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A ONE-FAMII,Y DWELLING DISTRICT NO. 3(SF-3) WITH SPECIFIC USE PERMIT (39) MOBII,E HOME ON LOTS 3& 4 BLOCK 1, LOCUST HILL ADDITION, REQUESTED BY TRACY CLAY, AGENT FOR PATRICIA VERA, OWNER, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A TWO-FAMILY DWELLING DISTRICT (2fl; DESIGNATING THE BOUNDARIES OF THE ONE-FAMII,Y DWELLING DISTRICT NO. 3(SF-3); WITH SPECIFIC USE PERMIT (39) MOBII,E HOME SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES 1N CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE OF MARCH 1, 20002, WAS PRESENTED. A motion was made by Councilman McCarthy, seconded by Councilman Plata, for adoption of the ordinance. The motion carried 5 ayes, 0 nays. City Council Meeting February 7, 2002 Page 5 Mayor Pfiester declared the public hearing open to consider the abandonment of a portion of a forty (40) foot street known as W. Price Street in City Block 41 between N. Main Street (LT. S. Hwy 271) and lst Street N. W. beginning at the west boundary line of N. Main Street going west to the east boundary line of lst Street N. W. No one appeared for or against the abandonment of the portion of a forty-foot street known as W. Price street in City Block 41 between N. Main Street and lst Street N. W., and the public hearing was declared closed. Mayor Pfiester announced that the neat item on the agenda was consideration of and action on an ordinance closing a portion of a forty (40) foot street known as W. Price Street in City Block 41 between N. Main Street (iJ. S. Hwy 271) and lst Street N. W. beginning at the west boundary line of N. Main Street going west to the east boundary line of lst Street N. W. City Manager Malone advised that the Planning and Zoning Commission held a public hearing to consider this request by Lamar County to abandon the city's interest in the street right-of-way and designate it as a closed portion of West Price Street. He explained that this is a one block area of West Price Street that is on the north side of the Lamar County Courthouse. Mr. Malone stated that the city was awaiting a promised letter from County Judge Superville formally making the request and it had not been received. He reported that the Planning and Zoning Commission did hold a public hearing with no one present to speak regarding the requested closing. Following the public hearing, the Planning and Zoning Commission recommended that a traffic study be done and that a recommendation from each director of each emergency department of the city as well as a recommendation from the City Engineer be made to the commission regarding closing a portion of West Price Street. City Manager Malone advised that the City Engineer had contacted the County Judge's office inquiring about having to retain an easement for city utilities in that area and stated that he did not think that the City Engineer had received a response. City Manager Malone advised that the Planning and Zoning Commission had City Council Meeting February 7, 2002 Page 6 tabled action on this matter, and he recommended that the City Council also table action pending receipt of the letter and further recommendations from city staff. City Manager Malone further advised that Judge Superville has been personally contacted and he said he was researching the law and he was uncomfortable executing a letter without having direction from the Commissioner's Court. A motion was made by Councilman McCarthy, seconded by Councilman Plata, to table action on the ordinance closing a portion of a forty (40) foot street known as W. Price Street and not come back before the City Council until all matters have been resolved. The motion carried 5 ayes, 0 nays. Mayor Pfiester called for consideration of and action on a resolution authorizing the mayor to execute Deeds of Abandonment to the adjacent property owners on either side of the closed portion of a forty (40) foot street known as W. Price Street in City Block 41 between N. Main Street ( U. S. Hwy 271) and lst Street N. W. Beginning at the west boundary lone of N. Main Street going west to the east boundary line of lst Street N. W. A motion was made by Councilman Gray, seconded by Councilman McCarthy, to table action on the resolution authorizing the mayor to execute Deeds of Abandonment to the adjacent property owners on either side of the closed portion of a forty (40) foot street known as W. Price Street in City Block 41 between N. Main Street ( U. S. Hwy 271) and lst Street N. W. Beginning at the west boundary lone of N. Main Street going west to the east boundary line of lst Street N. W. The motion carried 5 ayes, 0 nays. A motion was made by Mayor Pro Tem Manning, seconded by Councilman Plata, for approval of the Final Plat of The Hills, Phase IL The motion carried 5 ayes, 0 nays. City Council Meeting February 7, 2002 Page 7 City Attorney Schenk presented the following petition for rezoning: John House, Lots 4& 5, Block 1, Eastside Addition from a One-Family Dwelling District No. 2 to a Two-Family Dwelling District. Mayor Pfiester referred the petition to the Planning and Zoning Commission for their study and recommendation at their meeting scheduled for March 4, 2002, and before the City Council March 7, 2002. There being no further business, a motion was made by Councilman McCarthy, seconded by Mayor Pro Tem Manning, to adjourn the meeting. The motion carried 5 ayes, 0 nays. MICHAEL J. PFIESTER, MAYOR ATTEST: MATTIE CUNNINGHAM, CITY CLERK