11/03/2003 MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND
ZONING COMMISSION
NOVEMBER 3, 2003
The Planning and Zoning Commission met Monday, November 3, 2003, 5:30
P.M., Paris Junior College, Bobby R. Walters Applied Technology Building,
Room 1206, 2400 Clarksville Street, Paris, Texas with the following members
present:
1. Reeves Hayter
2. Carl Lucas
3. Bobby Myers
4 Louis Yates
5. Barbara Forrest
Mattie Cunningham, the City Clerk was also present.
The meeting was called to order by Reeves Hayter.
I. The minutes from the October 6, 2003, regular planning and zoning
meeting were approved with a motion by Louis Yates and seconded by
Carl Lucas. Motion carried by a vote of 5 ayes and 0 nays.
2. Public Hearing to consider the petition of Tyrone Roundtree & Dorothy
Diggs for a change in zoning from a One - Family Dwelling District No.
3 (SF -3) to a One - Family Dwelling District No. 3 (SF -3) With Specific
Use Permit (39) Manufactured Homes, Lot 18, Block A, East Park
Addition, being the 1700 Block of NE 10' St.
The public hearing was declared open.
Willie Diggs, 1758 NE 9t'', spoke on behalf of his wife, Dorothy, stating
that they would like to have the zoning changed for their son to live in
a double wide at this location. Mr. Diggs stated that he and his wife are
getting up in age and need their son to help take care of them. The son
is presently living in Dallas and plans to move back to Paris.
Planning and Zoning Meeting
November 3, 2003
Page 2
There was no opposition, the public hearing was declared closed.
3. Consideration of and action on the petition of Tyrone Roundtree &
Dorothy Diggs for a change in zoning from a One - Family Dwelling
District No. 3 (SF -3) to a One - Family Dwelling District No. 3 (SF -3)
With Specific Use Permit (39) Manufactured Homes, Lot 18, Block A,
East Park Addition, being the 1700 Block of NE 10th St.
Motion was made to approve the petition by Bobby Myers and
seconded by Louis Yates. Motion carried by a vote of 5 ayes and 0 nays.
4. Public Hearing to consider the petition of Gary Nash for a change in
zoning from a One - Family Dwelling District No. 2 (SF -2) to a
Commercial District (C), Lot 28, Block I, Warren Addition, being
number 1855 Maple.
The public hearing was declared open.
Gary Nash, 645 Johnson Woods Drive, spoke in favor of the petition
stating that the entire area was replatted about a year and a half ago
into a large "L" shape and a Dollar General Store and Cheyenne
Trading Company Tobacco Outlet Store was built there. Mr. Nash
owns a vacant lot at the corner of Maple and 19" Street. The
gentlemen who owns Lot 28 lives in Mississippi and is ill. He is
interested in selling the property. Mr. Nash advised that he signed a
contract of purchase subject to zoning. He has no need for the property
as a residential lot. Mr. Nash advised, at this time he does not have
plans for the property but when he does, he will replat it. Mr. Nash
stated that he purchased Lots 25 and 26 and cut them down to a depth
of 100 feet. There was an alley and he replatted and sold those
properties —Lot 27 has a duplex on it.
There was no opposition, the public hearing was declared closed.
Planning and Zoning Meeting
November 3, 2003
Page 3
5. Consideration of and action on the petition of Gary Nash for a change
in zoning from a One - Family Dwelling District No. 2 (SF -2) to a
Commercial District (C), Lot 28, Block I, Warren Addition, being
number 1855 Maple.
Motion was made to approve the petition by Carl Lucas and seconded
by Bobby Myers. Motion carried by a vote of 5 ayes and 0 nays.
6. Public Hearing to consider the site plan approval requested by East
Texas Broadcasting, Lot 1, Red River Business Park, being the 2800
Block of Pine Mill Rd.
The public hearing was declared open.
Bob Gibson, Vice President and General Manager of East Texas
Broadcasting, spoke in favor of the petition advising that they are Radio
Stations KOYN, KBUS, and KPLT. Mr. Gibson stated that they are
currently in two different locations in Paris and they are trying to bring
everything under one roof and make it a very nice stately facility that
the community will be proud of. Mr. Gibson stated that Mr. Randy
Reese who designed their layout is present. The facility will be about
4,300 square feet and the property is an acre that goes from Pine Mill
Road to Cherry Street. There will be an entrance on Pine Mill and on
Cherry Street. The building will be more in the back of Cherry Street,
which is the wider part of the lot. Mr. Gibson said they would save as
many trees as they could and there will be a lot of landscaping.
Reeves Hayter asked if there was a tower associated with this building.
Mr. Gibson advised that there will be a utility tower only to connect a
STL dish. He said it would actually be a small dish and a level line of
site to their transmitters, which KBUS, KOYN, and KPLT are all at
Faught, therefore, there has to be a line site transmission.
Reeves Hayter asked if they had any discussion regarding the tower
ordinance. Mr. Reese said no, other than a discussion regarding guide
Planning and Zoning Meeting
November 3, 2003
Page 4
wires if they were necessary and he told them that they were not
necessary because the tower would be attached to the building. Mr.
Hayter stated that they ran into this issue on a proposed cell phone
tower in the area of Eckerd on Lamar Avenue. His impression was that
you have to own a radius equivalent to the height of the tower and he
thought it might be applicable to this tower. Mr. Gibson said they
would not have a problem locating the tower so that it would comply
with the tower ordinance.
There was no opposition, the public hearing was declared closed.
7. Consideration of and action on the site plan approval requested by East
Texas Broadcasting, Lot 1, Red River Business Park, being the 2800
Block of Pine Mill Rd.
Motion was made to approve the site plan by Bobby Myers, seconded
by Carl Lucas, subject to the compliance with the existing tower
ordinance. Motion carried by a vote of 5 ayes and 0 nays.
8. Consideration of and action on an appeal of Karen Boaz at 326 NE 27th
for a denial of a permit to remove a protected tree.
Karen Boaz, 326 27' NE, spoke regarding an oak tree at this location.
Ms. Boaz stated that the tree is protected by the City of Paris Ordinance
because it is an oak tree and due to the size and age of the tree. The tree
is just a few feet from her bedroom window. Ms. Boaz said the tree was
fine whenever she moved into this house, but in the past six to seven
months, she has noticed damage to the trunk of the tree and bark falling
from the tree. Terminix has been treating the tree but it has gotten
worse. Photographs of the tree and location of the tree were presented
to the Commission for review. The tree is not 80% dead as the
ordinance requires for a removal permit to be granted. Ms. Boaz is
concerned that if there is a bad windstorm or ice storm, the tree would
fall on her house. Ms. Boaz stated that ants and termites have infested
the tree, it is not just the limbs but rather the entire tree could cause
damage to her house. Terminix put in one baiting system and they
Planning and Zoning Meeting
November 3, 2003
Page 5
sprayed everything. She said that two additional baiting system were
added next to the original system due to the activity in that area.
Carl Lucas was concerned with the fact that a tree specialist had not
looked at the tree and he did not regard Terminix as a tree expert. Mr.
Lucas asked Ms. Boaz what her intentions were for the tree — remove the
tree, up -root it, or what is her desire to do with the tree. Ms. Boaz
replied that she wanted to take the tree down and grind the stump out.
Mr. Hayter advised that the city's arborist did not address the issue of
the tree being diseased.
Cliff Boaz, father of Karen Boaz, also appeared before the Commission
stating that they had a man to look at the tree regarding the cost to
remove the tree. Mr. Boaz said this man told them that the tree was
75% dead and if there was a strong wind or ice storm like we had two
years ago, the tree could go on the house and crush it. Mr. Boaz said
the tree is approximately 45 to 65 feet high and they would like to
remove the tree to protect life, also protect the property. The limbs
have been cut back several times but it still almost touches the electrical
wires in front of the power supply to other homes in the area. Mr. Boaz
said the man who looked at the tree said that he has been in the tree
service for 30 years, but Mr. Boaz could not prove that.
After discussing the tree ordinance regarding diseased trees, a motion
was made by Bobby Myers to overturn the city arborist ruling and
allowing the removal of the tree provided that another hardwood tree
is planted and in accordance with Section 32 -7, Action on application,
paragraph (d), motion seconded by Carl Lucas. Motion carried by a
vote of 5 ayes and 0 nays.
9. Consideration of and action on the Preliminary Plat, Parr -Hull Medical
Plaza, being the 3300 Block of North Main.
Planning and Zoning Meeting
November 3, 2003
Page 6
David Wood, Professional Engineer with Landmark Consultants, stated
that he works with Mr. Dickey and was present to answer any question
that they might have.
Mr. Hayter stated it appeared that the only thing that has been done
since last month is that Lots 2, 3 and 4 have been taken out of the plat
and only Lot 1 is being platted at this time. Mr. Wood state that this is
correct.
Mr. Lucas questioned the medical waste and asked if the two inch line
would be a problem. Mr. Wood said that any waste that they might
have that would be above and beyond that would be acceptable to the
city's water treatment facility and would have to be disposed of in an
approved facility.
Motion was made by Carl Lucas, seconded by Barbara Forrest to
approve the Preliminary Plat, subject to the City Engineer's Memo
dated, October 30, 2003. Motion carried by a vote of 5 ayes and 0 nays.
10. Consideration of and action on the Preliminary Plat, Lots 1 -10, Yoder
Addition, being FM 79.
Motion was made to approve the Preliminary Plat by Carl Lucas,
seconded by Bobby Myers, subject to the City Engineer's Memo dated
October 30, 2003, and revise the plat to show an 8" sewer line and cul
de sac for a temporary gravel turn - around. Motion carried by a vote
of 5 ayes and 0 nays.
11. Consideration of and action on the Preliminary Plat, Springlake
Estates, Phase 6, City Block 259, being the 700 Block of N. Collegiate.
Planning and Zoning Meeting
November 3, 2003
Page 7
Motion was made to approve the Preliminary Plat by Bobby Myers,
seconded by Louis Yates, subject to the City Engineer's Memo dated
October 30, 2003. Motion carried by a vote of 5 ayes and 0 nays.
12. Consideration of and action on the Preliminary Plat, Lots 16,16A, 16B,
16D, 16E, Essary Addition (CB 242), being the 2300 Block of Plum
Street.
Motion was made to approve the Preliminary Plat by Louis Yates,
seconded by Bobby Myers, subject to the City Engineer's Memo dated
October 30, 2003. Motion carried by a vote of 5 ayes and 0 nays.
Meeting adjourned at 6:55 p.m.