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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.