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23 - Zoning Change from Agricultural District to a Planned Development District - Block 315 Part of LCAD Parcel 50959 and 50931 - 4400 Block of Lamar AvenueItem No. 23 TO: Mayor, Mayor Pro -Tem and City Council Grayson Path, City Manager FROM: Andrew Mack, AICP Director Planning & Community Development SUBJECT: Public hearing to consider and take action regarding the petition of Alan Naul (Javelin Group LLC) on behalf of the Trustees of Wayne O. Chambless and Inella L. Chambless Revocable Living Trust for a change in zoning from an Agricultural District (A) to a Planned Development District (PD) in the City of Paris, Block 315, Part of LCAD Parcel 50949 and 50931, ending 961.45 ft north of the southeast property line of parcel 50931, totaling 12.06 acres located in the 4400 Block of Lamar Ave. MTG. DATE: August 22, 2022 BACKGROUND The applicant proposes to develop a PD with 3 distinct uses: • Commercial/Retail along Lamar Avenue • Multi -Family Senior Housing in the center • Single -Family detached housing (not included in the PD rezoning, but under contract for purchase with the entire property purchase). • The zoning change property is shown in the attached Exhibit. The Multi -Family Senior Housing is the only buildings proposed in the first phase of construction. The single driveway entrance off of Lamar will, however, be improved through the commercial/retail area making these sites on either side ready for building construction with access, utilities and stormwater. These steps will be addressed in detail at the preliminary platting stage which will occur once the rezoning is approved. The project was granted housing tax credits by the Texas Housing Commission in July. This was one of two project sites submitted for this grant funding round with the State. The zoning must be approved for the multi -family project now that the grant funding was approved. The applicant requested approval first by the P&Z in July. A second round of notices were then sent out again for the City Council for the project's second public hearing. Several years ago a senior housing apartment project was proposed for rezoning on this site. The request was denied by the City based upon numerous objections of the adjoining single family residences. At its meeting held on July 5, 2022, the Planning and Zoning Commission recommended approval of the zoning change. Page 1 of 2 ANALYSIS Project mixed use concepts are consistent with the comprehensive plan. There is extensive trees and mature cover and vacant land on and adjacent to the site which can be used to buffer and mitigate the impacts of non -compatible uses on existing surrounding single-family residential development. There is a very high need for this development in the community and will be a gated development of high quality. INPUTS One written input was received prior to the P&Z hearing in July in opposition to the request, stating concerns about the potential clear -cutting of the heavily forested areas south of their house and the high voltage transmission lines. Several others attended the public hearing and expressed concerns about the development rezoning. The initial hearing notices included a larger area. The notice area was reduced based upon the actual legal description for the rezoning. No new inputs were received to date for the Council hearing. RECOMMENDATION Staff recommends approval of the change in zoning from an Agricultural District (A) to a Planned Development District (PD), subject to the following conditions: 1. All additional required permits and plat approvals shall be obtained. 2. The business owner shall comply with all required Federal, State and Local laws. 3. There shall be no clear -cutting of any mature trees and vegetation upon the PD rezoned property or the non -rezoned AG property for future single-family residential under the same ownership by the applicant, unless a tree removal and landscape buffering plan is first approved by the Director of Planning & Community Development. Page 2 of 2 14E T. Q+ O „o u R w O X tJ 46th 5t 14E 1 1 1 1 I I I I 1 e o — — — e WDIMFEW, 42nd St NE RPM M QL4 in to a � :i u � 47th N L y� U O G z 10, ni CL60, R f P. V d 0 1 1 � 1 0 a o'S F- �s Fa CY, p CDC o 1 o m i 1 � 1 1 � N N 1 E •� 1 U i RPM �uommm 1 .g d O M QL4 in Q :i � ° u R,aS N L y� U O G 10, ni CL60, R f P. V d 0 1 1 � 1 0 �uommm 1 .g d O u 'fl N « yw o a c t Q C) N N a V tj t! s �y 0 2 4-4 fj 0 A 4pe m 'a z M 00 {1 g q� Z X C y 6 5 'L S Eq f°c V PACE ONE OF THREE )5" IRF -11 ENOCH CROW SURVEY�w.,.�,.�...,, IPF Ic Nq A-208 n I (CM) S I zl Iz N 8814504" E 566 .77 15' CIRS I I I I I JUDITH N. HOLMES I I I I I I CCR 0 9 8 7 63-2012 CALLED 5.182 ACRES .moo I TRU. E II 0 WHE . CKAMBLPSS & TRUSTEES OF THE a IKELLA LC REVOCABLELIVING TRUST WAYNE 0. AM_ MELLALCHAMBLESS GOLDIE G. THOMAS CCN 1351862016 EVOCABLE LTVMG TRUST DR VOL 524, PG 618 TRACTRI I CCM 1351 W2016 N REMAINDER OF REMAINDER OF TRACT iI A CALLED 2227 ACRES CALLED 1726 ACRES I CALLED5.86 ACRES � I I I I � I I I I \` I _ �N 78"28'18" W 23.57 i I f do PHAN T. NGUYENCO 068737-2wg CALLED 2 ACRES I1 I I 3 I I � I I � I EASTSHERIDAN HOLDINGS INC CCR 110715-2013 – CALLED 0.50 ACRE I?� m I Iz I � I I I w c .n I AT 207.88' PASS POB IYa"IRF (CM) IOOD I .Z. {COOPER] 'COOPER] S 88°4504 ICM) I (CM) .-..,.,.,,,.,� n,-------_—... _ ",,.... AT 195.56' PASS S 88"45'04" W 491.08' ]s CIRS AS WITNESS STATE OF TEXAS STATE OF TEXAS DR VOL 291, PG 251 LEGEND DR VOL 291, PG 309 U.S. HIGHWAY 82 EAST O CIR-s CAPPED IRON ROD SET 120' ROW WIDTH AS PER TXDOT ROW MAPS A loon IODDNA"ET 7 O CRTF CAPPED IRON ROD FOUND O ® IRF t00D 1RONRODFOUND POINT IN CL C:REEK.TBTCH 100. NAIL FOUND 4 KEVIN IL WHTILEY, REGISTERED PROFESSIONAL LAND SURVEYOR 7 MON CONCRETE MONUMENT FOUND FOR THE STATE OF TEXAS, RP13 85892, DO HEREBY CERTIFY THAT THE PLAT S IPF IRON PIPEFOUND SHOWN HEREIN REPRESENTS AN ACTUAL (CM) CONTROLLING MONUMENT ON -THE -GROUND SURVEY CONDUCTED BY ME, CCR COUNTY CLERK'S DOCUMENT NUMBER COMPLETED ON FEBRUARY 24,2022. 999 y OR OFFICIAL PROPERTY RECORDS J 1 �/ .. RP DR REAL PROPERTY RECORDS DEED RECORDS c''.... PR PLAT RECORDS .I POB POINT OF BEGINNING SCALE: I' -IW — — — — EXISTING PROPERTY LINE NOTES lav 1. THE REFERENCE BEARING FOR THETRAC[ OF LAND BAR SCALE SHOWN HEREON IS NAD 1983 TEXAS STATE PLANE COORDINATE SYSTEM WNE4202. 2. A TWO PAGE METES AND BOUNDS DESCRIPIION OF DEE rW OF aoTRACTf JAVELIN DEVELOPMENT LeTNDS14oULn HE CONESIDERREDA APART OFTHHIS 11S ,f— �4 12.06 ACRES DOCUMENT. �- CITY OF PARIS l T 3. THIS ORIGINAL PLAT IS ON AN 11°x 17" SIZED SHEET KEVIN K• WHI7LEy SEI y E N a I nW p q ,� T �D�T v ,� M E E R I N 0r LAMAR COUNTY TEXAS tt COUNTY, 4. RODS SHOWN ASYi CIRS HAVE BLUE PLASTIC CAPS t 9 �q� q2 P� STAMPED KWHTT.EY RPLS 5892. fER51� 8 f' .. rm.- luaw °� AUGUST 2022 5. THIS SURVEYIS BEING PREPARED FOR A 1{V `� ,aw,.wwmarvrrvw--------- ZONING CHANGE N Y. PACE ONE OF THREE Metes and Bounds Description Javelin Development City of Paris, Lamar County, Texas 12.06 Acres July 2022 Being 12.06 acres of land, situated within the corporate limits of the City of Paris, being a part of the Enoch Crow Survey, Abstract Number 208 and being part of a called 5.86 acre tract of land and part of the remainder of a called 17.26 acre tract of land conveyed as Tracts II and III in Correction Special Warranty Deed from Inella Lawrence Chambless to The Trustees of the Wayne O. Chambless and Inella L. Chambless Revocable Living Trust on July 07, 2016 and recorded in Lamar County Clerk's Document Number 135186- 2016. The said 12.06 acre tract fully described by metes and bounds as follows: Beginning at a 100D Nail found (Controlling Monument, hereafter referred to as CM) at the Southeast corner of said the aforementioned called 5.86 acre tract, at the Southwest corner of the remainder of a called 22.27 acre tract of land conveyed from William E. Thomas to Goldie G. Thomas on March 11, 1971 by Deed recorded in Volume 524, Page 618 of the Deed Records of Lamar County Texas, and in the North right of way line of U.S. Highway #82 (120 foot wide right of way as per TxDOT right of way map); Thence South 88°45'04" West, along the South boundary line of the aforementioned called 5.86 acre tract and the North right of way line of U.S. Highway #82, at a distance of 207.88 feet passing a % inch iron rod found (CM) at the Southwest corner of said called 5.86 acre tract and at the Southeast corner of the aforementioned remainder of 17.26 acre tract, and continuing on along the South boundary line of said remainder of called 17.26 acre tract and the North right of way line, at a distance of 471.08 feet passing a '/2 inch capped [Whitley] iron rod set as witness and continuing on for a total distance of 491.08 feet to a point in a creek at the Southwest corner of the said remainder of called 17.26 acre tract and at the Southeast corner of a called 0.50 acre tract of land conveyed from FX4 Holdings, L.P. to East Sheridan Holdings, Inc. on September 10, 2013 by Special Warranty Deed recorded in Lamar County Clerk's Document Number 110715-2013, and from said point a %2 inch capped [Cooper] iron rod found (CM) at the Southwest corner of the aforementioned called 17.26 acre tract bears South 88°45'04" West, a distance of 79.68 feet; Thence along the East boundary line of the aforementioned called 0.50 acre tract the following calls: North 0312PI8" West a distance of 185.62 feet to a'/2 inch capped [Whitley] iron rod set, North 18136'18" West a distance of 162.54 feet to a point in the aforementioned creek and North 78°28'18" West a distance of 23.57 feet to a point in said creek at the Northwest corner of said called 0.50 acre tract, in the West boundary line of the remainder of the aforementioned called 17.26 acre tract and in the East boundary line of a called 2 acre tract of land conveyed from John Carter and wife Jamie carter to Phan T. Nguygen on April 21, 2009 by Warranty Deed with Vendor's Lien recorded in Lamar County Clerk's Document Number 068737-2009 and from said point the aforementioned '/2 inch capped [Cooper] iron rod found at the Southwest comer of said called 17.26 acre tract bears South 01 '0112" East, a distance of 345.85 feet; YYII PAGE TWO OF THREE eaaINEERIN b Practical tntrastructure 4445 SE Loop 2861 Paris, TX 754601 P 903.785.0303 1 TxSury F-10028600 Thence North 01'01'12" West along the common boundary line of the aforementioned remainder of said called 17.26 acre tract and the aforementioned called 2 acre tract, passing the Northeast corner of said 2 acre tract and the Southeast corner of a called 5.182 acre tract of land conveyed from John P. Holmes as Independent Executor of the Will and Estate of Kenneth P. Holmes, deceased to Judith N. Holmes on July 02, 2012 by Warranty Deed recorded in Lamar County Clerk's Document Number 098163-2012 and continuing on along the common boundary line of said called 17.26 acre tract and said called 5.182 acre tract for a total distance of 615.60 feet to a %2 inch capped iron rod set, and from said rod a '/z inch iron rod found (CM) at the Northeast corner of said called 5.182 acre tract, at the current Northwest comer of the remainder of said called 17.26 acre tract and at an angle point in the South boundary line of Summerwood Estates Phase II as shown on the Final Plat recorded in Envelope 449-B of the Plat Records of Lamar County Texas bears North 01 °01' 12" West, a distance of 583.51 feet; Thence North 88°45'04" East, passing the common line ofthe aforementioned remainder of called 17.26 acre tract and the aforementioned called 5.86 acre tract, and continuing on for a total distance of 566.77 feet to a %z inch capped iron rod set in the East boundary line of said called 5.86 acre tract and in the West boundary line of the aforementioned Thomas tract, and from said rod a % inch iron pipe found (CM) at the Southernmost Southwest corner of Golden Acre Estates as shown on the Final Plat of Golden Acre Estates recorded in Envelope 222-A of the Plat records of Lamar County Texas and at the current Northwest corner of the aforementioned remainder of called 22.27 acre Thomas tract bears North 01*15'27" West, a distance of 243.17 feet; Thence South 01'15'27" East, along East boundary line of the aforementioned called 5.86 acre tract and the West boundary line of the aforementioned remainder of called 22.27 acre Thomas tract, a distance of 961.45 feet to the place of beginning and containing 12.06 acres of land. NOTES 1. The Reference Bearing for the land described hereon is NAD 1983 Texas State Plane Coordinate System Zone 4202. 2. Corner monuments described as "'/2 inch capped iron rod set" have a blue plastic cap that is stamped K WHITLEY RPLS 5892. 3. A one page 1 I"x17" plat accompanies this document and should be considered as a part of this document. 4. This Metes & Bounds Description is being prepared for a Zoning Change Application only and is based on a field survey that was completed on February 24, 2022. I, KEVIN K. WHITLEY, REGISTERED PROFESSIONAL LAND SURVEYOR, #5892, STATE OF TEXAS, DO HEREBY CERTIFY THAT THE ABOVE DESCRIPTION IS TAKEN FROM MEASUREMENTS MADE UPON THE GROUND AND WAS COMPLETED ON FEBRUARY 24, 2022. u aOF KEVIN K. WHITLEY . � ..�.. R RP`1�5 DA Fa •. �' �WHfTL Y '` PAGE THREE OF THREE E lit'b N a A+ H 0 flmctical hafrastruc;ture 4445 SE Loop 286 1 Paris, TX 754601 P 903.785.0303 1 TxSury F-10028600 MUL, 131 V4 ;2 is ,,.� ► � �, ", 1{ � � �, ,1; ;�. �'" � � � 1` '"••���,.;� �, , PlanningWHEREAS, the '*Commission receivedY request for 2mendment to the Zoning Ordinance of the City of Paris to rezone City of Paris d 5 09 3 1 end" 1 961.45 ft. north 1 ► "i requestedkswaii 'v ofparcel 50931,totaling 12.06 acres locateiin the 4400 Block of Lamar Ave., in the City Paris, Lamar County, Texas, from an Agricultural District (A) to a Planned Developmera District (PD); and WHEREAS, on July 5, 2022, following notice and publication as required by law, the Planning and Zoning Commission conducted a public hearing on the proposed amendmen) to the City Zoning Ordinance and, following said hearing, made formal recommendation to the City Council to approve the r found and determined that approving the aforesaid zoning change would be con wi the Comprehensiveure Land Use Plan of the ty of Paris, Ordinance, and in s,�cubfic the City of Paris by r + NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1, That the findings set out in the preamble to this ordinance are hereby in all things approved. Block of Lamar Ave., in the City of Paris, Lamar County, Texas, more particularly described in Exhibit A attached hereto and incorporated herein by reference, from an Agricultural District (A) to a Planned Development District (PD). Section 3. That the Chief Building Official of the City of Paris be, and he is hereby, directed to change the Official Zoning Map of the City of Paris, Texas to reflect the changes set forth in this ordinance. Section 4. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section S. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section 6. That it is the intention of the City Council of the City of Paris that this ordinance and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 7. That any person violating any provision of this ordinance shall be guilty of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec. 1.01.009 of the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the above -enumerated sections shall constitute and be deemed a separate offense. Section 8. This ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED on this 22nd day of August, 2022, by the City Council of the City of Paris, in regular session, following notice and publication as required by law. Paula Portugal, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney