12 Conduct a public hearing to consider the petition of Terry AllenCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
6-3-08
Community
Lisa A. Wright, Director
12.
Council Date:
Development
6-9-08
RECOMMENDED MOTION:
Conduct a public hearing to consider the petition of Terry Allen and move to deny an
ordinance amending Zoning Ordinance No. 1710 to change zoning from a One Family
Dwelling District No. 2(SF-2) to a Commercial District (C) on Lot 18, Block 203, Scott
& Braden Addition, being number 2306 W. Kaufman Street.
, POLICY ISSUE(S):
Zoning; Compliance with comprehensive land use plan
BACKGROUND:
Terry Allen has requested a zoning change for the purpose of placing a metal building
adjacent to his business on Bonham Street (Allen's Auto Parts). The Comprehensive
Plan recommends that this property be zoned Low Density Residential; therefore,
approval of this request would require an amendment to the Comprehensive Land Use
Plan Map. ,
Additionally, on May 29, 2008, the City of Paris was presented with a petition from
property owners adjoining the above-subject property in opposition of the zoning change
request (attached). Section 21-105 of Zoning Ordinance No. 1710 states as follows:
Unless a proposed amendment, supplement or change has been approved by the
Planning and Zoning Commission, or if a protest against such proposed
amendment, supplement or change has been filed with the City Secretary, duly
signed and acknowledged by the owners of twenty (20) percent or more either of
the area of the lots included in such a proposed change or those immediately
adjacent in the rear thereof extending two hundred (200) feet therefrom or of
those directly opposite thereto extending two hundred (200) feet from the street
frontage of such opposite lots, such amendment shall not become effective except
by a three-fourths vote of the governing body. (emphasis added)
There are 38 property owners within 200 feet of the requested change. Of these 38, 12
(32 of adjoining property owners as described in Section 21-105 above having signed
the petition protesting the change. Three additional signatures on the petition are outside
the 200 foot notification area and are not included in the percentage calculation required
in Section 21-105.
BOARD/COMMISSION RECOMMENDATION:
The Commission recommended denial of the zoning change request by a vote of 4-0, with one member
abstaining. The Commission recommended to Mr. Allen that he seek Planned Development zoning in
order to ensure a buffer zone between the metal building and associated business and the neighboring
residential structures.
City of Paris 4s~_ Revised 2/04/08
EXHIBITS:
Ordinance; location aerial
ACTION:
BUDGET INFO:
F~ Financial Report ❑ Minute Order
Expense
$
~ Department Report ❑ Resolution
Budgeted Amt.
$
❑ Presentation ~ Ordinance
y'TD Actual
$
~ Public Hearing ❑ Other
Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
E Administration E City Clerk ~ Communiry Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities
Ci y o aris
S-5
DRAFT
F:AL[CE\ORDWORK\CURRENT\06-09-08 Zoning Ords
June 4, 2008
ORDINANCE NO.
A111 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING ZONING ORDINANCE N0. 1710 OF THE CITY OF PARIS, TEXAS, AS
HERETOFORE AMENDED, SO AS TO REZONE LOT 18, BLOCK 203, SCOTT &
BRADEN ADDITION, ALSO KNOWN AS 2306 W. KAUFMAN, CITY OF PARIS,
LAMAR COUNTY, TEXAS, FROM A ONE-FAMILY DWELLING DISTRICT N0. 2(SF-
2) TO A COMMERCIAL DISTRICT (C) DIRECTING A CHANGE ACCORDINGLY IN
THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER CLAUSE, A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the Planning & Zoning Commission received a request for an amendment to the
zoning ordinance of the City of Paris; to rezone LOT 18, BLOCK 203, SCOTT & BRADEN ADDITION
from a ONE-FAMILY DWELLING DISTRICT N0. 2(SF-2) to a COMMERCIAL DISTRICT (C); and,
WHEREAS, on June 2, 2008, the Planning and Zoning Commission conducted a public hearing
on said proposed amendment to the City zoning ordinance and, and, following said hearing, made
formal recommendation to the City Council to deny said proposed zoning change; and,
WHEREAS, a written protest against the proposed rezoning of this property has been
received from in excess of twenty percent (20%) of the owners of the property within 200 feet of the
boundary lines of the proposed tract to be rezoned, thereby requiring a three-quarter (3/4) majority
vote of the City Council to approve the rezoning of the property; and,
WHEREAS, on June 9, 2008, the City Council of the City of Paris conducted a public hearing on
the aforesaid proposed amendment to the City zoning ordinance, and having considered the
recommendations of the Planning and Zoning Commission and the testimony and evidence
introduced at said public hearing, found and determined that approving the aforesaid zoning change
would be consistent with the comprehensive plan of the City of Paris, consistent with the City zoning
ordinance, and in the best interests and to the benefit of the public health, safety, and welfare of the
citizens of the City of Paris; and approved the rezoning of the property from a One-Family Dwelling
District (SF-2) to a Commercial District (C) by a vote of
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.
Section 2. That the Official Zoning Map of the City of Paris, Texas and Zoning Ordinance No.
1710 of the City of Paris as heretofore amended is hereby further amended to rezone LOT 18, BLOCK
203, SCOTT & BRADEN ADDITION, City of Paris, Lamar County, Texas, from ONE-FAMILY DWELLING
DISTRICT N0. 2(SF-2) to COMMERCIAL DISTRICT (C), said property being more particularly
described in Exhibit A attached hereto and made a part hereof.
. 000OSG
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 5. 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 of the provisions of this ordinance shall be guilty
of a Misdemeanor, and, upon conviction, shall be fined in any sum not to exceed $2,000.00, 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. That this ordinance shall become effective immediately upon its passage.
PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the
9th day of June, 2008.
Jesse James Freelen, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
w 0O0t3g~
CtTY nF PARtS
RGCeiVed COMMUNITY DEVELOPMENT DEPARTMENT
P. O. Box 9037 c paris, Texas 75461 ir 903-784-9234
2008 . . .
AF'P ;~~~CIWfOR ZONII~lG CHAhIGE Dar otficeuSsi Onl Request Number:~
~ te Rcvd. ,3 ~ Mtg Date: --Q
TYPE OF ACTION REQUESTED: Xoning Change ❑ Specifc Use Permit ❑ Planned Development
PROPERTY INFORMATION:
Address:
~~e of Business or Buii pplicabie): _
Block Subdivision
Current Zoning:
What is the proposed use of the property?' ~
,
Proposed Zoning: C.O m m-e L
n n . e n
Q.
Describe the character and/or nature of uses of surrounding property.
a- - - -
Will the re-zoned designation be compatible with the classification and use of adjo'ing lands? Yes N
-
'
Is the tract unsuitable for uses permitted under the present zoning classifcation? Yes o C1~W ~~0{~''~ 40~.
If No, why are you requesting a change in the permitting uses? ~Z~jC~/~~/p(
~~(.i(.~ r c' C'C
If No, how do you propose to reduce any adverse impact? , Atjb9
OWNER/APPLICANT INFORMATION: (It you are nor the owner, a permission letter from the owner is requ/red. If you are purchasing the property, a copy of
the contract may be usedln lieu of a perm/ss/on /etter ONLY IF fhe confract provides that the purchase Is contingeni upon the applicant successfWly obfalning a zonfng
change.)
ApplicanYs Name:
ApplicanYsAddress: _ c1.-1 -j A{~h►~-}~
Property Owner's Name:
kl
Phone: _ ~C)
0 Permission letter from owner
Property Owner's Address:
ir~■ir~r~~~s~r~~rr~~~■.ie..... K iIK iK KeKiffrr~iti 1 rcrK ir~I rrrK era ■rcciriis~K a iK ri[! " icisL_
REQUIRED SUBMITTALS (check those items which are included
~YCompleted application signed by the owner/applicant If Planned Development requested, include also:
O Copy of a deed with metes and bounds ❑ Four (4) copies of a preliminary site plan
O Copy of contract to purchase the property
I have carefully read the complete application and know the same is true and correcf. I hereby agree to comply with all provisions of local,
State, and Federal Laws will be complied with, whether herein specified or not. I certify that I am the owner of the above property or his
duly authorized agent.
Signed: Address:
Print Name: Phone Number: a►r'~,~~ 1~-
Date: Fax Number:
SWORN TO A A day of , 20L S~
NOTARY PUBLIC
~ STATE OF TEXAS
►JIY Commisslon Expires 01-26-2 f~ N UblIC, State of Texas
FILED: - - 0088
057662-2008 Pages: 2 WD
03/17/2008 09:44:00 AM By: gretchenb
Lamar County, TX
Kath Marlowe - Count Cierk
11111111 fiii III IIII Iililll IIIIII 1111111111 I~IIINII ill IIIH ilill {IIII IIN IIII
GENERAL WARRANTY DEED
(CAS H ) 08-7882
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOiJ ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTR[TMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
Date: MARCH 14, 2007
Grantor: BARBARA O. SMITH, A SINGLE PERSON
Grantee: TERRY ALLEN
Consideration: TEN AND NO/100 DOLLARS ($10.00) and other good and valuable
consideration in hand paid by the Grantee, herein named, the receipt and sufficiency of which is
hereby fully acknowledged and confessed.
t
~O~S Q,
Property: 75-l38
All that certain tract, lot or parcel of land situated in Lamar County, Texas and
being Lot Eighteen (18) of the Scott & Braden Addition (now known as City. Block
203), and as shown on plat of record in Book 1, Page 11, Lamar County Plat
Records.
Reservations From and Exceptions to Conveyance and Warranty:
This conveyance, however, is made and accepted subject to all outstanding mineral
interest, restrictions, reservations, easements, covenants and conditions, relating to the
herein above described property as now reflected by the records of the County Clerk ofi
Lamar County, Texas.
1. All easements, rights of way building/set back 1'ules and other matters as appear on plat of
Scott & Braden Addition of record in Book 1, Page 11, Lamar County Plat Records.
Grantor, for the consideration, receipt of which is aeknowledgeci, and subject to the
reservations from and exceptions to conveyance and warranty, grants, sells and conveys to
Grantee the property, together with all and singular the rights and appurtenances thereto in
anywise beJonging, to have and hold it to Grantee, Grantee's heirs, executor,
administrators, successors or assigns forever. Grantor binds Grantor and Grantor's heirs,
executors, administrators and successors to warrant and forever defend all and singular
the property to Grantee and Grantee's heirs, executors, administrators, successors and
assigns against every person whomsoever lawfully claiming or to claim the same or any
part thereof, except as to the reservations from and exceptions to conveyance and
warranty.
Payment of ad valorem taxes for the current year having been assumed by Grantee.
. 000089
;
i
i
t
1
.
~
~
1
1
i
f
~
,K
~
I
!
I
1
t
. • oooc.~~ ni.t
w
b
IOU
~
l`1
- I ir /~0l ~ 'p ~2•~-~ ~ ~
. OOOCg1
(W
~ ~ ITY V 1 7v KI1 -1-10- wI~~r U~ ~C Y~.C(~ ~ t IJ~- ~-T •~J . a, I~W J- Uq
ReGeived
May 27, 2008
2008
Cityy af Paris
~tfy Gie*
We, the undersigned, are OPPOSED to the proposed zoining
changes from a"One Family Dwelling District No. 2(SF-2)
to a Commercial District (C) on Lot 18, City Block 302, Scott
&Braden Addition, being Number 2306 West Kaufman".
We are unable to attend the meetings scheduled June 2 and 9
because of advanced age, ill health and other unnamed reasons.
C
Date IVame Address
M E M 0 R A N D U M
TO: Chairman and Members of the Planning and Zoning Commission
Honorable Mayor and Members of the City Council
FROM: Lisa A. Wright, Director of Community Development
SUBJECT: Zoning Change Request - Allen's Auto Parts
2306 W. Kaufman Street
DATE: June 2, 3008
The following zoning change request will be presented at the June 2, 2008, meeting of the
Planning and Zoning Commission and the June 9, 2008, meeting of the City Council of the City of
Paris for consideration:
1. Terry Allen is requesting that the property located on Lot 18, Block 203, Scott & Braden
Addition, being number 2306 West Kaufman, be rezoned from a One Family Dwelling
District No. 2(SF-2) to a Commercial District (C). The Comprehensive Plan recommends
that this property be zoned Low Density Residential.
Approval of this request would require an amendment to the Comprehensive Land Use Map.
Additionally, on May 29, 2008, the City of Paris was presented with a petition from property owners
adjoining the above-subject property in opposition of the zoning change request (attached). Section
21-105 of Zoning Ordinance No. 1710 states as follows:
"Unless a proposed amendment, supplement or change has been approved by the
Planning and Zoning Commission, or if a protest against such proposed amendment,
supplement or change has been filed with the City Secretary, duly signed and
acknowledged by the owners of twenty (20) percenl or more either of the area of
the lots included in such a proposed change or those immediately adjacent in the
rear thereof extending two hundred (200) feet theref'rom or of those directly
opposite thereto extending hvo hundred (200) feetfrom the streetfrontage of such
opposite lots, such amendment shall not become effective except by a three-fourths
vote of the governing body." (emphasis added)
After reviewing the petition, I have found that it contains fifteen (15) signatures from
neighbors in the vicinity of the requested change, with thirty-two percent (32%) of adjoining property
owners as described in Section 21-105 above having signed the petition.
cc: City Attorney's Office
. OOOG93
LU,y-~ c I t 1kk 1 Y 1 7 V I,.,%:-YV. Vv~%-)V~- --T V-t'jcv l (~-y~- ~-T _ a i. v~ G
ReceEved
ftiEk( f; cp 2008
May 27, 2008
Ctty of Pttris
C%tty Gf:wi ;
We, the undersigned, are OPPOSED to the proposed zoining
changes from a"One Family Dwelling District No. 2(SF-2)
to a Commercial District (C) on Lot 18, City Block 302, Scott
&Braden Addition, being Number 2306 West Kaufman".
We are unable to attend the meetings scheduled June 2 and 9
because of advanced age, ill health and other unnamed reasons.
Date
Name
Address
`
~ Q, I C~
r~ ~ r ~ a~,~.
I
! ~ (
-
,
~&-av~
.
` 6
40S
r►
~ b
i
~ I A/ 6f-✓
~
q a
,
IV
~l ~ ~ ~,~,P:
3 ~-.5
J=.~ o ~
'
. OOU~~~
~
c
~
.
64a
~
~
~