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14 Move to approve an ordinance approving the petition of Mark Jones for a change in zoningCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 11-03-08 Planning & Zoning Lisa A. Wright, Director of Council Date: Cominission Community Development 14. 11-10-08 RECOMMENDED MOTION: Move to approve an ordinance approving the petition of Mark Jones for a change in zoning from a Commercial District (C) to a Light Industrial District (LI) on Lot 1, City Block 307-A, being number 3215 North Main Street. POLICY ISSUE(S): Zoning BACKGROUND: Mark Jones has requested a zoning change for the purpose of constructing a warehouse to serve Campbell's Soup. The Comprehensive Plan recommends that this property be zoned Retail; therefore, approval of this request would be contingent upon the City Council approving the related amendment to the Future Land Use Plan Map, which action precedes this item on the agenda. At the November 10 Council meeting, there was no input given from citizens during the public hearing. BOARD/COMMISSION RECOMMENDATION: The Commission recommended approval of the zoning change request by a vote of 6-0. EXHIBITS: Ordinance, location aerial; and Planning and Zoning Minutes. ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation ~ Ordinance yTD Actual $ ~ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration Z City Clerk Z Community Development ❑ EMS/IT ❑ Finance ❑ Fire Munici al Court Le al Libra Police En . Public Works Utilities City of Paris Revised 2/04/08 . UUUloi ORDINAIVCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZOIVING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE LOT 1, CITY BLOCK 307-A, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A COMMERCIAL DISTRICT (C) TO A LIGHT INDUSTRIAL DISTRICT (LI) 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 1, CITY BLOCK 307-A, City of Paris, Lamar County, Texas from a COMMERCIAL DISTRICT (C) to a LIGHT INDUSTRIAL DISTRICT (LI); and, WHEREAS, on November 3, 2008, the Planning and Zoning Commission conducted a public hearing on the proposed amendment to the City zoning ordinance and, following said hearing, made formal recommendation to the City Council to approve the requested zoning; and, WHEREAS, on November 10, 2008, the City Council of the City of Paris conducted a public hearing on the 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; 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 1, CITY BLOCK 307-A, City of Paris, Lamar County, Texas, from COMMERCIAL DISTRICT (C) to LIGHT INDUSTRIAL DISTRICT (LI), said property being more particularly described in Exhibit A attached hereto and made a part hereof. 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 0 uu0lo~ 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 of the provisions of this ordinance shall be guilty of a Misdemeanor, and upon conviction, may 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. Introduced and read on first reading on November 10, 2008, at a regular meeting of the City Council of the City of Paris and read and passed on second reading on November 24, 2008, at a regular meeting of the City Council of the City of Paris; the same being two (2) separate regular meetings of the City Council of the City of Paris. Section 9. That this ordinance shall become effective from and after its passage of the second reading and publication as required by law. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session, this 24th day of November, 2008. ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney jesse James Freelen, Mayor WUUUlU:i i"~~t;C t Y Ci.! CITY OF PARIS COMMUNITY DEVELOPMENT DEPARTMENT P. 0. Box 9037 ■ Paris, Texas 75461 ` 903-784-9234 C' of Paris APPLICATION FOR ZONING CHANGE For office use onl Req e~ umber: Date Rcvd: Mtg Date: TYPE OF ACTION REQUESTED: m Zoning Change 0 Specific Use Permit ❑ Planned Development PROPERTY INFORMATION: Address:_ "°;l 5 M. njain Street Name of Business or Building (if applicable): Lot l Block')CQ-4 Subdivision Ck~ Current Zoning: Commercial Proposed Zoning: Light Industrial What is the proposed use of the property? Wa'rehouse Describe the character and/or nature of uses of surrounding property. Commercial & Heavy Industrial Will the re-zoned designation be compatible with the classification and use of adjoining lands? Yes / No If No, how do you propose to reduce any adverse impact? Is the tract unsuitable for uses permitted under the present zoning classification? Yes No If No, why are you requesting a change in the permitting uses? Si ze of warehouse and land use OWNER/APPLICANT INFORMATION: (!I youare nor the owner, a permission letterirom ihe owneris required. Ifyouare purchasing the property, a copy of fhe coniracf may be used in lieu ol a permiss/on /etter ONLY /F the contract provides that the purchase Is contingent upon the app/icanf successfully obtaining a zoning change.) ApplicanYs Name: Mark Jones ApplicanYsAddress: 380 PR 42495, Paris,TX' Property Owner's Name: Mark Jones Phone: 903-784-7247 Property Owner's Address: 180 pR 4 2 4 9 5 Phone: 9 0 3- 7 3 7- 8 0 8 9 ■~~~~~~~~~~~~~~tt~~~~~~~~t~~~~~~~~~~~e~~~~rt~~~~~~~~~sams m iEXrS No oxxv aiNO reBRNO mrum~~~~~a~~~~~~~~~~r■ REQUIRED SUBMITTALS (check those items which are included): ~ompleted application signed by the owner/applicant If Planned Development requested, include also: G<opy of a deed with metes and bounds ❑ Four (4) copies of a preliminary site plan ❑ Permission letter from owner 0 Copy of contract to purchase the property I have carefully read the complete application and know the same is true and correct. 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: U 4/ PrintName: PhoneNumber: 3 ' - R 0 9 Date: ~ O o Fax Number: / SWORN P l lc_RIB _ ME this day of Zp , Julia Lizabeth DrEJEFUR ake lry My Commission Expires 01/1 t12ot i Notary ubli State of Texas FILED: - »m6 - UOU104 t. I ~ h id9.4' _ D~~, 3~ 487.9' N ~ \V ~i ~ 0. ~t ~ ~ CO ci ? y ~ oQ~ ~@ x o ; b A .y. y ~ `S ~ilk ~ ~ ISL• Ro q D FIELO NOTES N 1" = 100 (f) = found (S) = set h ' N Situated within the Corporate Limits-of the City of W A Paris, County of Lamar, and State of Texas, a part of the Reddin Russell Survey # 786, and being a part of tract 6 of Vol aidSCountydand1n ~i •3 ~ the Second part as showhe iDeedPRectiti ordsno~fes 2 s~3~ Go . 361, Page 235, of t State, said tract 6 bei~,j!#ed cW~~dSetract ~21iP1at ll, Cas smecorded ~ being a tract of land a , in Uol. 3782 Page 185;' Records. corner at the Northeast nt being the Southeast corne Beginning at an corner of said Chism trac 'd rr th 1/3) as shawn as the Third of a part of ~:ract g(describ id tract 8 being conveyed to n in said Partition Ge T~ part as show Charlerie Smith. 7hence along the Westerly Boundary Line of U.S. Hwy East 198.4 ft. to a concrete marker (f), South 44 Deg. 27 ~in aWe5~~84W2'ftouto a Doncrete Mmark (f) at the present most Easterly Southeast corner of said tract 6; Thence alon9 the Wortherly Boundary Line of a County Road as described in Vol. 374, Pasoui of said Deed Records, as follows: South 79 Deg. 27 Min. West 252.4 ft. to an iron pin (s); 46 De9. 37 Min. 4Jest at 25 ft. passing the ariginal SouthoBoan~otalLdnstanceaof 3lot 05.8 fta toear Northedst corner of said tract 2, Plat 1, and continuing iron pin (s) for corner at the South corner of said tract 2, Plat 1; Thence North 4 Deg. 22 PAin. East along the East Eounds{Ycornerooftsaid tractS6FandatheoSoi distance of 513.8 f t. to a point for corner at the Northwe t rner of said Smith tract said point beiny North 89 Deg. 42 Min. East a distance of 1 wes co ft. from an iron pipe (f); 7hence North 89 Deg. 42 h1in. East alang the Nortn Boundary place ofabeg6n+~nn the South Boundary Line of said Smith tract 8 a dista c and containing 3.753 acres of land. I, J.M. Nelson, Registered Public Surveyor of Texas, #4025, certify that the above depict and described tract of land was taken.from an actual survey made by me on the ground on the 2n and 3rd days of October, 1989. ` rpRCopy . 000105 1N9PECTION ~ T_..__ , I f, NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATUR.AL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT 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. GIFT DEED THE STATE OF TEXAS ) ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR ) THAT J-10, INC., A Texas Corporation, by and through its duly authorized President (herein called "grantor"), of the Cotmty of Lamar, State of Texas, for the puipose of making a gift to the grantees herein named; have Granted, Given and Conveyed, and by these presents do Grant, Give and Convey, unto MARK G. JONES and wife, DEBORAH L. JONES (herein called "grantees"), of Lamar County, Texas, where theirmailing address is L Q, z~~ ffl 3~, , all those certain tracts or parcels of land in Lamar County, Texas described as follows: Two (2) tracts of land in the Reddin Russell Survey, Abst. No. 786, within the corporate limits of the City of Paris, containing 3.753 acres of land and 3.701 acres of land; being the same property described in deeds to J-10, Inc., A Texas Corporation, of record in Book 175, Page 320, and in Book 1320, Page 149, Lamar County Real Property Records, and more fully described in Exhibit "A" attached hereto and made a part hereof for all necessary purposes. The conveyance evidenced by this deed is made subject to any and all easements, rights-of-way, restrictions, covenants, conditions and reservations of record applicable to the within described property or any part thereof. TO HAVE AND TO HOLD the within described property and premises, together with all and si»gular the rights and appurtenances thereto in anywise belonging unto MARK G. JONES and wife, DEBORAH L. JONES, their heirs or assigns forever. • UOUlOE, WITNESS this _Kday of , 2008. J-10, INC., A Texas Corporation BY: Mark G. Jones, P ident /0 Duly ZZI/ THE STATE OF TEXAS ) ) COUNTY OF LAMAR ) THIS instrument was aclcnowledged before me on t11e day of /y/ , 2008, by MA_RK G. JONES, in the capacity therein stated. Notary PdbIi&,'~3'ate of Texas , A.W. CLEM ~ r~O7AF~'! P!lBLIC , ~ aTATE OF TE)CRS k F~?y Comr~ls3l~n f.xaires 09-2S-2Q46 7.w.rY~Z:d7m ,a THIS INSTRUMENT WAS PREPARED SOLELY FROM INFORMATION AND ON INSTRUCTIONS GIVEN TO US BY OUR CLIENT. NO TITLE OPI1vION, TITLE EXAMINATION OR OTHER INFORMATION HAS BEEN FURNISHED TO US IN CONNECTION WITH ITS PREPARATION. A. W. CLEM, ATTORNEY AFTER RECORDING RETURN TO: ~ rs. ~ilark G.)or~~ M;~ ~J -2- u UUo.1o 1 PREPARED IN THE LAW OFFICE OF: A. W. Clem, Attorney c/o The Moore Law Firm, L.L.P. 100 N. Main, Paris, TX 75460-4222 ~ 4I ~ ~ a ~ff'f~ s~~.~• ~.r•r ~ ~ ~ ; a Z ~ 0 ~ S~ k ISL 1• ~ ti.ct'~ t ~T w _ S a.s R.,. c TRACT ONE: FIELD NOTES ~ 1" ` 100' (f) - found (s) - set 5 W~ Situated withln the Lorporate Llmits of the City cf „ Paris, Gounty of Lamar, and State of Texas, a part of tr.e Reddin Russell Survey /186, and being a part of tract 6 of the Second part as shown In a Partition Deed as recorded in Yol. 361, Page 235, of the Deed Records of said County and y State, said tract 6 being conveyeE to Ollie Bell Chism, and being a tract of land as shown as tract 2. Plat 1, as recorded in Yol. 378, Page 185, of said Deed Retords. Beginning at an iron pipe (f) for corner at the Northeast corner of satd Chism tract 6, said point being the Southeast corner of a part of tract 8(described as North 1/3) as shoWn as the.Th:rd part as shown in said Pariition DeeQ, said tract 8 being conveyed to Chariene Snith. Thence along the Westerly Boundary L1ne of U.S. Hwy. 271 as follows: 5outh 0 Deg. 42 Hir. East 196.4 ft. to a contrete marker (f); South 44 Deg. 27 F1in. Nest 84.2 ft. to a concrete rtrker (f) at tne present moSt Easterly Southeast corner of said tract 6: Thence along tlie IJortlierly Boundary Line of a County Road as described 1n Vol. 374, Page 104 of said Dced Records, as followl: 5outh 79 Deg. 27 Min. Nest 252.4 ft. to an iron pin (s): Scuth Z6 Deg. 37 Y.tn: Nest at 25 ft. passing the original South Boundary Line of sald lot 6 and the :40rtheast corner of said tract Z. Vlat 1, and continuing on a total distance of 305.8 ft. to an it•on pin (s) for torner at the South corner of said tract 2, Plat l; Tti^nce.North 4 Deg. 22 Min. East along the East Boundary L1ne of the S.L. & S.F. Rallrot"_ a ~istance of 513.6 fl. to a poSnt for corner at tlte Northwest corner of said tract 6 and the Soutt x st corner o` said Snith tract 6, said poini being North 69 Deg. 42 tU n. East a distance of 1.9 :t, from an iron pipe (f); Thrncr I.-rth 59 Deg. 42 Flin. East along the Worth B.ounGary Line of satd Chisn tract 6 al. :he Suuih Es..%Cary Line of said SnSth L•act B a distance of 487.9 tt. to the place of beqinr.:ng ar,d contztctic- 3.153 acres of land. TRACT TWO: Jil.Vai,eU wil.ilin LhPCOrpora:.? L~~itS oI i.fl° l.i Ly o1 Paris, 1.oUnLy OT Lamar, and SLaIP o1 iexas, a par•t of the P,eddir P.ussell Sur-vey "7u'6, ard being a pai•t of traci: a(described as Nor•ih 1/3) of the Third part as shown in a Partition Deed as r2corded in Vol. 361, Page 237 , of the Deed Records of said County and Szaze, sLiu- tract & be-ing convzyed io Cfiar-lene Smizh_ 6eginning_a-L an iron point being the tJortneast Thence Souin 89 Dea. west corner of said Smith North 89 Dzg_ 42 Min. East Thence Nortn 4 Deg. 1 'ance of 343_3 fti. to an i Smii Lh irac z and the Sou thw Thence South 89 Deg. :~he Northeast corner of sa Thence South 0 Deg. 4 338.9 r"t_ to the place of pipe (f) TOt' corner nt tilE SOU-LfI?35L corner Oi Sa]U SIIl1i.h i.T"dCi., Shcd corner of a tract now ovvned by U11 i e Bel 1 Chi sm. 42 Min. West a distance ol' 4S7.9 Tt. to a poinL for corner at the Souih- tract and the Nor-Iliwesi corner of said Ch-ism tract, said aoint being a dis-Lance of 1.9 fz. from an iron pipe '%fj; 1 h1in. EasL along -Lhe East Boundary Line of ine Kianichi Railroad a dis- ron pin (s) for corner at a Tence corner at the Norihwest corner of 5d1d est corner o-F a traci of land owned hy Blair; 53 Min. East a distance o-If 458.7 ft. io an iron pin (s) ror corner at ;d Smith tract and the Southeast corner of said Blair tract; ? Min_ East alono the West Bounoary Lin2 of U.S. Hwy. 271 a distance of De5inriny ano . coniainina 3_7U~ acres of land_ E X H I B I T "A" (lj) 1 n IS Q Q ~ v ~ ~ V' ~ ~ N ~ So' W , . ~ 4 ~ 3 A ~ ~ 4 ►i ` %...OPY ' Fl:)f; INSPECTIO ol ►RPnSES ONL X. W ~ ~ ~ s. 4-87. 9 ' - ~ o- ~ .FiELD NOTES /r A N ? ~ 1" = i0U' (f) = found (s) = Set Situated µ~ithin the Corporate Limits of the City of Paris, Cauntiy of Lamar, and State of exas, a par•t of the Reddin Russeil Survey #736; ard beiny a pai•t of tract. 8(described as North /3) of the Third part as shown in a Parti'Lion Deed as recorded in Vol. 361, Page 237, of the eed Records of sai ci Coun ty and S tu ze , sG i u trac t 8 be i ny cunveyed to Ciiarl ene Smi th . ~S Beginning at an irun pipe (f) for corner a~ ~~i%Soy~fiea~6~' ner of saiu Smith -'rac-, said , oi n t, bei ny the fJortheast corner of a tract riow owneU 4 1 tA el l Ctii sm. Thence South 89 Deg. 42 Min. West a disLance af 45~~~ n(~a_point for corrier at the Soutll- est corner of said Smiifi tract and the Nortliwest corner of c,Ch~sm tr-act, sai d aoint being orth 89 Deg. 42 Min. East a distance of 1.9 ft, from an iron pipe if); Thence North 4 Deg. 11 Min. EasL along- the East Boundary Line uf zhe Kianiichi Railroad a dis- ance of 343.3 fi. to an iron pin (s) for corner at a fence corner aC the Noriliwest corner of sait iizh tracz and the Soutliwest corner of atract of land owned by Blair; Thence South 89 Deg. 53 Min. East a distarice of 458.7 ft, io an iron pin (s) for corner at he Nnrtheast corner of saicl Smith iract arid the Soui.heast corner ot said Blair tract; Thence South U Deg. 42 Min. East aTong i:lie West Boundary Line of U.S. Hwy. 271 a distance of 35.9 ft. 1:0 the place of beginnitig and containing 3.701 acres of 1and. i, J.M. Nelson, Registered Professional Land Surveyor of Texas, #4025, certify tnat the abovi epicted and described tract ofi land was tal:en fron 3n actual survey made by me on ttle ground on he 27th day of April, 1990. J.M. Nelson, R.P.L.S. of Texas, #4025 0 Utlu1.U.7 R A N D U M M E M 0 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 Requests DATE: October 22, 2008 The following zoning change requests will be presented at the November 3, 2008, meeting of the Planning and Zoning Commission and the November 10, 2008, meeting of the City Council of the City of Paris for consideration: 1. Mark Jones is requesting that the property located on Lot 1, City Block 307-A, being number 3215 North Main Street, be rezoned from a Commercial District (C) to a Light Industrial District (LI). The Comprehensive Plan recommends that this property be zoned Retail; therefore, an amendment to the Future Land Use Map is required in order to approve this request. 2. D. Wayne Brown is requesting that the property located on 8.5 acres being a part of the A208 E. Crow Survey, Tract 24 and 78, being number 4050 Pine Mill Road, be rezoned from an Agricultural District (A) to a Multiple-Family Dwelling District No. 2(MF-2). The Comprehensive Plan recommends that this property be zoned Low Density Residential; therefore, an amendment to the Future Land Use Map us required in order to approve this request. cc: City Attorney's Office . UGU11i MINUTES REGULAR MEETING PLANNING AND ZONING COMMISSION CITY OF PARIS - CITY HALL COUNCIL CHAMBERS 107 E. KAUFMAN STREET PARIS. TEXAS MONDAY, NOVEMBER 3, 2008 5:30 O'CLOCK P.M. 1. The regular meeting of the Planning and Zoning Commission on Monday, November 3, 2008, was called to order at 5:30 p.m. by Reeves Hayter. A. The following members were present: Reeves Hayter, Chairman Curtis Fendley, Vice-Chairman Bill Harris Richard Hunt, Secretary Darin Manning Brad Archer B. The following members were absent: Benny Piata C. Lisa Wright, Community Development Director, was also present. 2. Approval ofminutes from previous meetings. Motion to approve the minutes of the October 6, 2008, meeting was made by Curtis Fendley, seconded by Reeves Hayter. Motion carried 6-0. ITEMS 3.A. AND 4 WHERE COMBINED: 3. Public hearing to provide an opportunify to present comments and written evidence and consideration of and action on recommending to fhe City Council the adoption of proposed amendments to the Future Land Use Plan Map as follows: A. That the future /and use recommended for the property /ocated on Lot 1, City Block 307-A, being number 3215 North Main Street, be changed from Retai/ to Light Industrial. 4. Public hearing and consideration of and acfion on the pefition of Mark Jones for a change in zoning from a Commercia/ District (C) to a Light Industrial District (LI) on Lot 1, City Block 307-A, being number 3215 North Main Streef. . U0011.j The public hearing on the amendments to the Future Land Use Plan Map and the requested zoning change was declared open. A. The following individuals spoke in favor of the proposed future land use plan map amendment and zoning change petition. Mark Jones, 380 Private Rd 42495, Paris 75462, stated he wants to build a warehouse, so he needs Light Industrial zoning. B. There was no opposition. C. The public hearing was declared closed. Motion was made by Curtis Fendley, seconded by Brad Archer, to recommend to the City Council the amendment of the Future Land Use Plan Map and approval of the zoning change petition. Motion carried 6-0. ITEMS 3.B. AND 5 WERE COMBINED: 3. Public hearing to provide an opportunity to present comments and written evidence and consideration of and action on recommending to the city Council the adoption of proposed amendments to the Future Land Use P/an Map as follows: B. That the future land use recommended for the property /ocated on 8.5 acres being a part of the A208 E. Crow Survey, Tracts 24 and 78, being number 4050 Pine Mill Road, be changed from Low Density Residential to High Density Residential. 5. Public hearing and consideration of and action on the petition of D. Wayne Brown for a change in zoning from a Agricultural District (A) to A Multip/e- Family Dwelling District No. 2(MF-2) on 8.5 acres being a part of the A208 E. Crow Survey, Tracts 24 and 78, and being number 4050 Pine Mill Road. The public hearing on the amendments to the Future Land Use Plan Map and the requested zoning change was declared open. D. The following individuals spoke in favor of the proposed future land use plan map amendment and zoning change petition. D. Wayne Brown, 3305 33rd Street N.E., stated that the property to the east is currently agricultural, to the south is partially agricultural, there are 50' lots nearby, Castlegate has duplexes in the area, and commercial property is nearby. Mr. Brown further stated that behind Paris Lumber is zoned Light Industrial, there is a Fire Station across the street to the west, and Celebration Station is across the street to the . GUU1.lY north. He said he felt the proposed use is the best use for this property. He advised he wants to build duplexes and four-plexes, and this will increase the tax value in the area. B. The following individuals spoke in opposition of the petition. Sue Shelton, 4130 Castlegate Drive, stated she was not opposed to the request, but she had questions. She asked Mr. Brown where the driveway would be located, if it would be directly across from where Castlegate Drive met Pine Mill Road. Mr. Brown stated that it would not. The public hearing was declared closed. Motion was made by Brad Archer, seconded by Curtis Fendley, to recommend to the City Council the amendment of the Future Land Use Plan Map and approval of the zoning change petition. Motion carried 6-0. 6. Consideration of and action on the Preliminary Plat of Lot 5, Block C, Townwood Estates #3, being number 1235 Loop 286 N.E. This item was withdrawn by the applicant. 7. Consideration of and action on the Final Plat of Lot 5, B/ock C, Townwood Esfates #3, being number 1235 Loop 286 N.E. This item was withdrawn by the applicant. 8. Consideration of and action on the Preliminary P/at of Lot 3, B/ock A, Pine Mill Business Park, being /ocated in the 3700 b/ock of Pine Mill Road. Motion was made by Curtis Fendley, seconded by Bill Harris, to approve the plat subject to the City Engineer's recommendations. Motion carried 6-0. 9. Consideration of and action on the Master Plat of Lot 3, B/ock A, Pine Mill Business Park, being located in the 3700 b/ock of Pine Mill Road. Motion was made by Brad Archer, seconded by Darin Manning, to approve the plat subject to the City Engineer's recommendation. Motion carried 6-0. 10. Progress update from the Manufactured Housing Subcommittee. Lisa Wright reported to the Commission that the Subcommittee had met a couple of weeks ago and decided that they wanted to draft an ordinance that would treat manufactured housing subdivisions the same as other ~ ~OUliJ subdivisions, meaning that they wanted the subdivisions to look like a typical neighborhood. She advised that she had done a great dea) of research and couidn't find an ordinance that addressed everything the Subcommittee had requested, but she felt that she had found enough from various cities that one could be pieced together and used as a foundation to make some revisions to. Richard Hunt asked if there would be any provisions for the use of these homes in the event of a natural disaster, and Ms. Wright advised that the Subcommittee plans to add provisions for the temporary use of these homes in the event of fires, tornados, etc. She stated that the Subcommittee would be meeting again in the next week or so. 11. The meeting adjourned at 5:55 p.m. APPROVED THIS 1ST DAY OF DECEMBER, 2008. Reeves Hayter, Chairman . auullb