34 Zoning; Public HearingCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originaring Department:
Presented By:
Agenda Item No.:
2/8/09
Planning & Zoning
Lisa A. Wright, Director of
Council Date:
Commission
Community Development
34.
2/23/09
RECOMMENDED MOTION:
Not an action item - first reading and public hearing
PoLicY IssuE(s):
Zoning; Public Hearing
BACKGROUND:
David and Eddy Thomas have requested that the zoning on the property located at 3210 Lamar Avenue
be changed from a Planned Development District (PD-a) Retail Shopping Center to a General Retail
District (GR). The applicants desire to remove the Planned Development designation from the property
so that changes to the building layout, parking, and driveway approaches may be made through staff
approval only. A Planning and Zoning Commission motion to approve this request failed by a vote of 3-
3. One person spoke in favor of the request and no one spoke against it. The majority of the properties
surrounding this one are currently zoned Planned Development.
The Comprehensive Plan recommends that this property be zoned for General Retail uses; therefore,
approval of this request would be consistent with the Future Land Use Plan Map.
BOARD/COMMISSION RECOMMENDATION:
A Commission motion to approve this request failed by a vote of 3-3.
EXHIBITS:
Ordinance, location aerial
ACI'ION:
BUDGET INFO:
❑ Financial Report ❑ Minute Order
Expense
$
❑
Departrnent Report ❑
Resolution
Budgeted Amt
$
❑
Presentation Z
Ordinance
Y7"D Actual
$
~ Public Hearing ❑ Other
Acct Name
Acct Number
FiscAr.. NoTES:
REVIEWED AND APPROVED BY:
Z Administration Z City C1erk Z Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court Z Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities
City of Paris
Revised 2/04/08
[10U2U11
D RAFT
F:ALICE\ORDWORK\CURRENT\02-23-09 Zoning Ords
ORDINANCE N0.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS,
TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE LOT 1, CITY
BLOCK 289, LOCATED AT 3210 LAMAR AVENUE, CITY OF PARIS, LAMAR
COUNTY, TEXAS, FROM A PLANNED DEVELOPMENT DISTRICT (PD-a)
RETAIL SHOPPING CENTER TO A GENERAL RETAIL DISTRICT (GR),
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 289,
located at 3210 Lamar Avenue, City of Paris, Lamar County, Texas from a Planned
Development District (PD-a) Retail Shopping Center to a General Retail District (GR); and,
WHEREAS, on February 2, 2009, 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 deny said proposed
zoning change, thereby requiring a three-quarter (3/4) majority vote of the City Council to
approve the rezoning of the properry; and,
WHEREAS, on February 23, 2009, following notice and publication as required by
law, 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 of the public health, safety, and welfare of the citizens
of the Ciry of Paris, and approved the rezoning of the property from a planned
Development District (PD-a) Retail Shopping Center to a General Retail District GR by a
vote of for against.
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 289, located at 3210 Lamar Avenue, City of Paris, Lamar County,
w J
Texas, from a Planning Development District (PD-a) Retail Shopping Center to a General
Retail District GR, 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 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 Ciry 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. 1-6 of Chapter One 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. Introduced and read on first reading on February 23, 2009, at a regular
meeting of the City Council of the City of Paris and read and passed on second reading on
March 9, 2009, at a regular meeting of the Ciry Council of the City of Paris; the same being
two (2) separate regular meetings of the City Council of the City of Paris.
[or]
Section B. That the City Council voted by a supermajority vote of the entire Council
to suspend the rule requiring two readings before adoption of ordinances ayes and
_ nays.
Section 9. That this ordinance shall become effective from and after its passage of the
second[first] reading and publication as required by law.
PASSED AND ADOPTED on by the city Council of the city of Paris, in regular session
on this the 9th day of March, 2009.
w lJ 0IJ Ls l1
Jesse James Freelen, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
- 1.l0020i
- CITY 4F PARIS
COMMUNITY DEVELOPMENT DEPARTMENT
P. 0. Box 9037 ■ Paris, Texas 75461 ■ 903-784-9234
APPLICATION FOR ZONING CHANGE For ottice use only Request Number:
Date Rcvd ` \ Mtg Date: !"l \ Q
TYPE OF ACTION REQUESTED: oning Change ❑ Specific Use Permit ❑ Planned Development
PROPERTY INFORMATION:
Address: ~ ~ I L,/9VYI AQ
Name of Business or Buiiding (if applicable):
Lot I_ Biock Q 3 / Subdivision
• Current Zoning: /JL o b.QV 01 6~ 4 Proposed Zoning: ~ Ljal i
T
What is the proposed use of the property? B P+ R, L N~A L
Describe the character and/or nature of uses of surrounding property. GU Iq tZV*-\ ivt (4 -,Va pk," L^~~w
J l7 LA wN 1.,
~ss T~I~ SRC-L--T Is Ktii
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 6
3a3S (AA-vA2
If No, why are you requesting a change in the permitting uses? U L!~, 11n 1\ lG Q
T2 oJ~ ekt u 1-1 N eA s i eA.. 1~a o c e s s -To GcJ o2 k (itJ
OWNER/APPLICANT (NFORMATION: (Hyou are nof the owner, a permission letter from the owner is required. If you are purchasing [he property, a copy oI
ihe confrect may be used in lieu ol a permisslon letfer ONLY If the confract provides that fhe purchase /s contingent upon the appiicant successfully obtaining a zoning
change.)
ApplicanYs Name: IJRV 1~ ~~~~4 -TIAOMA
~ Ttl 903 - 7 RS-SS~ I
ApplicanYsAddress: _SU 1'v\ ni eN 'I"X " 1 p l S ~ l S~ Phone: q u 3- 7*S- 7S Z I
Property Owner's Name: S~A vv~ P
Property Owner's Address: v~,p Phone: SRrv~~.
■~~~ttl~~~t~t~~~~t.......{.~i~~tl~~ttt~~~~it\~~~~~~\~~~~~~~~~f~~/~s~~~~~~~~~~f~~~t~~~~~/\~~~~l~~~~~t■
REQi11RED SUBMITTALS (check those items which are included):
R'Completed application signed by the owner/applicant if Pianned Development requested, include also:
opy of a deed with metes and bounds ❑ Four (4) copies of a preliminary site pian
p Permission letter from owner
O 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: d dC Address: 10 7 S 3 6~ y S£
Print Name: EP y'7'1-~0 I' Phone Number. "7 L~ S- 7S 2( ~8 4 00 yW,~2y-
Date: Fax NMmber: 79
1~ - 1 O S o
JAi~ 1 3 2t~~►~ i.3
FILED:
BY.
EXHIBIT.~..
~ c.r u zo
SWORN TO AND SUBSCRIBED BEFORE ME this ~I f ,
~E ~i ~ YP°1STACIE BYRD
~ ~ ' ~ • = Notaiv Public State-d Texas
Notary Public, State of Texa =;~;;•~;h,,.= MyCommission ~.oe-o2.2010
058604-2008 Pa9es: 2 WD
04/16/2008 10:01:39 RM By: gretehenb
Lamar County, TX
iiiiiiii ~iiiiiiiiii 1iiiiiiiiiiii iiiiiiiiiiiii~iiiiiiiiiiiiii iiiii iiii iui
NOTICE OF CONFIDENTIALITY RIGHTSc IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR 5TRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM
ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE TT IS
FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR 50CIAL SECURITY NUMBER OR
YOUR DRIVER'S LICENSE NUMBER
WARRANTY DEED
TSE STATE OF TEXAS C~
) KNOW ALL MEN BY TSESE PRESENTS;
COUNTY OF LAMAR 1
THAT I, EDNA M. PARKS, Individnally and as Sole Trustee of The Billy J. Parks aad Edna
M. Parks Revocable Living Trast, by Agreement dated April 22,1992 (herein called "grantor"), of the
County of Lamar, Sta.te of Texas, for and in consideration of the sum-of Ten ($10.00) and more Dollars
cash to me in hand paid by EDDY & DAVID THOMAS'FINANCIAL, INC., A Tezas Corporation,
receipt of which in full is hereby acknowledged; have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto EDDY &
DAVID THOMAS FINANCIAL, INC., A Tezas Corporation (herein ealled "grantee"), of the County of
Lamar, State of Texas, where its mailing address is 4455 Lamar Avenue, Paris, Texas 75460, all that
certa.in tract or parcel of land in Lamar County, Texas described as follows; Subject To restrictive covenants
of record in Book 320, Page 29, Lamar County Deed Records:
A part of the Joseph Leach and George, W. Cox Surveys within the corporate limits of the City ofParis;
described by metes and--bounds as follows:
BEGINNING at a point in the SB line of U.S. Highway 82 (Lamar Avenue) which is 221.3 feet East of
its intersection with the common boundary line of the above mentioned Leach and Cox Surveys;
THENCE SOUTH 183 feet, a stake;
TT-IENCE EAST 75 feet, a stalce;
TBENCE NORTH 184 feet, a stake in the SB line of Lamar Avenue;
THENCE WEST with the SB line of Lamaz Avenue 75 feet to the place af beginning, and being the
same property described in deed to Billy J. Parks and Edna M. Parks, Trustees of The Billy J. Parks and Edna M.
Parks Revocable Living Trust, dated April 22, 2002, of record in Book 1274, Page 40, Lamar County Real
Property Records; reference being made to a11 the above menrioned instiuments and records for all necessary
purposes.
TO HAVE AND TO HOLD the within described premises, together with all and singular the rights
M 0 0 1,2 0
gnd appurtenances thereto in anywise belonging unto EDDY & DAVID THOMAS FINANCIAL, INC.,
A Teaas Corporation, its successors or assigns forever, and grantor hereby binds herself, her heirs,
executors, administrators, personal representatives; successors and assigns, to Warrant and Forever Defend,
all and singular the said premises unto EDDY & DAVID THOMAS FINANCIAL, INC., A Tezas
Corporation, its successors and assigns, against every person whomsoever lawfully claiming or to claim
the same, or any part thereof.
WITNESS my hand this 9th day of April, 2008. Effective April 14, 2008
EDNA M. P , Individually and as Sole
Trustee of The Billy J. Parka and Edna M.
Parks Revocable Living Trnst, by Agreement
dated Aprct 22, 2002
THE STATE OR TEXAS
COUNTY OF LAMAR
THIS instrument was acknowledged before m4nm l~day of April, 2008, by EDNA M.
PARKS, in the capacities therein stated.
KjMgEpLY RICNEY
Notary Public
STATE OF TEXAS ub c, tate of Te s
My C°mm' F~Wtt
AFTER RECORDING RETURN TO:
Eddy & David Thomas Financial, Inc.
4455 Lamar Avenue
Paris, Texas 75460
PREPARED IN TSE LAW OFFICE OF:
A. W. Clem, Attorney
c/o The Moore Law Firm, L.L.P.
100 N. Main St., Paris, TX 75460-4222
MEMORANDUM
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 Developinent
SUBJECT: Zoning Change Requests
DATE: January 22, 2009
The following zoning change request will be presented at the February 2, 2009, meeting
of the Planning and Zoning Commission and the February 26, 2009, meeting of the City Council
of the City of Paris for consideration:
1. David and Eddy Thomas are requesting that the property located on a Lot 1, City
Block 289, being number 3210 Lamar Avenue, be rezoned from a Planned Development
District (PD-a) Retail Shopping Center to a General Retail District (GR). The
Comprehensive Plan recommends that this property be zoned General Retail; therefore,
approval of this request would comply with the Future Land Use Plan Map.
cc: Kevin Carruth, City Manager
W. Kent McIlyar, City Attorney
« 000G1-1