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02/17/2015 MINUTESMINUTES SPECIAL MEETING PLANNING AND ZONING COMMISSION CITY COUNCIL CHAMBERS 107 E. KAUFMAN STREET PARIS, TEXAS TUESDAY, FEBRUARY 17, 2015 5:30 O'CLOCK P.M. The special meeting of the Planning and Zoning Commission on Tuesday, February 17, 2015, was called to order at 5:3 Op.m. by Holland Harper, Chairman. A. The following members were present: Holland Harper, Jerry Akers, John Lee, Barney Bray, James Price, Mike Folmar and Billy Trenado B. Also present were Shawn Napier, Director of Engineering, Planning and Development; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; Bob Hundley, Chief of Police; Randy Tuttle, Assistant Chief of Police; Sue Lancaster, City Council; A.J. Hashmi, City Council; Edwin Pickle, City Council; Ashley Fendley, Secretary for the Planning and Zoning Commission; and concerned citizens. Motion was made by Mike Folmar, seconded by James Price to recuse Barney Bray. Motion Carried 6 -0. Shawn Napier, City Engineer read the Zoning Ordinance Section 8 -109 to explain the purpose of the meeting. 2. Citizen Forum. (Persons desiring to address the Planning and Zoning Commission must limit their presentation to no more than two minutes) AJ Hashmi, 4510 FM 195 Paris, Texas, stated "honorable members of the Planning and Zoning Commission, tonight is a very important night to uphold the law and conform to the ordinance laid down by the City of Paris. A building permit was issued to construct a recycling facility on the set property, this permit was an illegal permit it was issued in error and the city accepted that responsibility. The permit was thus resend by the City Council. The matter was referred to this commission since originally the Planning and Zoning Commission and City Council was bypassed for unknown reasons. The question tonight was not whether we like recycling or not, whether we support new businesses or not, or whether we feel bad for the Glick's since they have spent money on the property. The question proposed is this legally allowable based on our current ordinances to have a recycling facility on this property and the answer to that is a big fat no. Since recycling is not even mentioned in our current ordinances and requires us to revises the zoning ordinance. This was not the question that was being asked today. Let me repeat the only question that was being ask was is this legally allowable in our current rules and regulations to have a recycling facility on the set property. As will be clear to you in the next few presentations, recycling is considered an industrial development and as such it has no place in retail commercial area. We would hope that the Planning and Zoning Commission will do the right thing by following the law and refusing to grant this permit. Thank you for your consideration." Bruce Carr, 845 S.E. 42nd Street Paris, Texas, stated he has concerns about how the recycling center will affect the Morningside area. He asks that the Planning and Zoning Commission deny any permit for construction of this facility. Brad Holbert, 4125 Holbrook Drive Paris, Texas, stated the Glick's have told us what they plan on collecting in the pamphlet created for City Council. These items are hazardous and will create odors primarily during the hot summer times that will affect the surrounding areas. The size of the concrete pad and the leakage from the containers during the inclement weather will create was runoff into Morningside addition. The residents in this area have concerns with the traffic flow coming into this area which might cause an increase in accidents. Mr. Holbrook further stated he encourages the Planning and Zoning Commission to deny this permit. Christi Wendell, 4142 Primrose Lane Paris, Texas, stated she researched recycling depots and then called the first fifteen depots to make sure they were similar operation to the one proposed for our neighborhood. If they were a match she noted the address and contacted the zoning department for their municipality, 100% of those zoning departments said that their recycling depots were zoned as industrial. Mrs. Wendell passed out information to the commission from Chandler, Arizona, that Engineers notes on the bottom right hand corner, and it was zoned I -2 for Heavy Industrial. Mrs. Wendell further stated she would ask that the commission deny this permit. David House, 625 Sherwood Drive Paris, Texas, stated his family owns property across from the location for the recycling center. They are putting a fine jewelry store there and are appalled at the city for issuing a building permit to a recycling depot on one of the main thoroughfare into the City of Paris. Residents are already talking about selling their homes now to not lose any equity or value etc. This permit should be denied. Don Haskel, 741 CR 44850 Blossom, Texas, stated what could have been a great opportunity for Paris has turned into an unfortunate situation for all concerned. This could have all been avoided if those involved acted responsible in the first place and told the truth, instead of circumvent the existing procedures which are emplaced to protect the interest of all citizens. The City of Paris is using section 8 -109 after researching the issue this section is no longer considered standard practice and is not used in municipalities. What is now considered accepted practice and has been used since September 1987 is Texas Local Government Code Title 7 chapter 211, its clear the city needs to update its information. This is an industrial business and any other classification needs to be denied. Marcus Roden, 3930 Holbrook Drive Paris, Texas, stated that everyone agrees property values will be affected. He has evidence of that from two people David House who bought a building across Lamar Avenue where the proposed location for the recycling depot. Mr. House's statement was he wouldn't have purchase this property if he would have known something like this would possible be approved for this neighborhood. The second gentlemen, John Lily purchased a property on the street behind me and spent an abundant about of money refinishing the inside of the house. Mr. Lily's statement was he was glad this recycling center was stop, if he would have known he wouldn't have spent so much money on the property. Mr. Roden further stated two other businesses on both sides of this property My Dentist and Cave Wave had to go before the Planning and Zoning Commission and City Council in order to be built. The recycling center somehow bypassed these processes. The item I had passed out by Ashley Fendley is an email sent between the permit department and the Glick's. This email states " We were assured that these were all measures that could be handled "in house ", and none of these matters, or anything concerning this venture, would need to be approved by the City Council." This permit should be denied. Vic Ressler, 4020 Holbrook Drive Paris, Texas, stated a recycling center shouldn't be allowed to be built in this location. It would cause noise and traffic issues for the residential areas and the businesses surrounding it. Mr. Ressler further stated this is a salvage yard not a recycling center, please deny this permit. James Jaggers, 4015 Jasmine Street Paris, Texas, stated he is very opposed to allowing a recycling center to be located in the area. The property values will drop in this neighborhood. This recycling center has no business in this location, please deny this permit. Larry Schenk, 3765 Dawn Drive Paris, Texas, stated all you have to do is look at the surrounding areas this is not a location for a recycling center. If we are looking at a classification for them it should be in an industrial area not commercial. AJ Hashmi, 4510 FM 195 Paris, Texas, stated "as a City Council member for that district I am very distressed I know what the agenda item is, I am very distressed about what the city has done, and I am very upset about it. What the City Council asked the City Manager to do was not done, another item was placed on the agenda and that was not what we requested. Thank you." A.W. Clem, 100 North Main Street Paris, Texas, stated "I am here on behalf of two young men still in the state of shock. Their father has been in this business for 68 years and both of these guys came back after getting masters in law degrees. They decided they were going to work with their father and see if they could expand this business they have had for 68 years. One of the things they anticipated doing was developing recycling depot throughout the area where they can collect trash and metal to take back to Texarkana, Texas to be processed. They worked fairly hard on developing a plan for this facility that would minimize its visibility as a depot for metal collection. If you look at the pictures that are going around they developed for what this facility would look like. They came to Paris bought the property, please to death, got everything through the City and all the sudden after everything has been completed and began work this all broke loss. I believe they are very disappointed they understand the residential areas but they didn't understand since on the corner to the entrance of the area there is a car wash and across the street is a gas station. They were a little concerned to why there was so much commotion about this facility. Their going through this process tonight because it's required and I regret there has been so much anxiety over this issue." 3. Discussion and possible action regarding the creation of a new use for recycling collection centers and considering appropriate zoning district(s). The Planning and Zoning Commission discussed creating of a new use for recycling collection center and the appropriate zoning district. Motion was made by Mike Folmar, seconded by Billy Trenado to allow recycling centers in Light Industrial and Heavy Industrial. The motion was then removed for more discussion. Shawn Napier, City Engineering explained what a specific use permit is and how it would come back to the commission for approval if one was required. Motion was made by Mike Folmar, seconded by John Lee and Billy Trenado to allow "Recycling Transfer Station" by right in Heavy Industrial Zoning Districts and with a specific use permit in Commercial and Light Industrial Zoning Districts. Motion carried 5 -1, with James Price in opposition. 4. Meeting adjourned at 6:15 p.m. APPROVED THIS 2nd DAY OF MARCH, 2015. �e Akers,( Vice - Chairman Ashley F ey, Secretat Planning and Zoning Co n