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14 ZoningCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Depaitment- Presented By: Agenda Item No.: 03/02/09 Planning & Zoning Shawn Napier, Director of Council Date: Coininission Engineering 14. 03/09/09 RECOMMENDED MOTION: Move to approve an ordinance approving a change in zoning from a Planned Development District (PD- a) Retail Shopping Center to a General Retail District (GR) on Lot 1, City Bloek 289, being number 3210 Lamar Avenue. PoLicY IssuE(s): Zoning 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. E XHIBITS: Ordinance, location aerial ACl'ION: BUDGET INFO: ❑ Financial Report ❑ Minute Orrler Expense $ ❑ Departrnent Report ❑ Resolution Budgeted Amt $ ❑ Presentadon Z Ordinance y'I'D Actual $ bli ❑ Pu c Hearing ❑ Other Acct Name Acct Number FiscAL NoTES: REVIEWED AND APPROVED BY: [D Admuustration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court E Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 . UU0 0 y(') ORDINANCE NO. AN ORDINAIVCE 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 CHAIVGE ACCORDINGLY I1V THE OFFICIAL ZONIIVG 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 Ciry Council to approve the rezoning of the property; 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 City 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 Counry, 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. UUM 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 penalry 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. 1-6 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 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 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 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. Jesse James Freelen, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney .i UO()Uy~ COIViMUNiTY DEVELOPMENT DEPARTMENT P. 0. Box 9037 a Paris, Texas 75461 6 903-784-9234 APPLICATION FOR ZONING CHANGE For Office Use Only Request Number: ` Date Rcvd Mtg Date: TYPE OF ACTION REQUESTED: oning Change ❑ Specific Use Permii ❑ Planned Development PROPERTY INFORMATION: Address: _ ~ ~ I UA VYI /g ~,1 f Name of Business or Building (if applicable): Lot I_ Block o~ 8 ! Subdivision current Zoning: PLONN Lo D~.v ~ I P,~/J ~►-t Proposed Zoning: Li✓i 1J What is the proposed use of the property? _ ~ P~ ~ L IV'~~ l, ~~i " • Describe the character and/or nature of uses of surrounding property. L7U AtZtf-\rv+i4~ ~ pw, 3D5C) LAv)-\v-~o, ~~lc Q~ Ss Thle SRt:- c T is KUJ +k CA2~~►a~ P 3aR_cA A, Will the re-zoned designation be compatible with the classification and use of adjoining landsQ-D No If No, how do you propose to reduce any adverse irnpact? Is the tract unsuitable for uses permitted under the present zoning classification? Yes /Qo , if No, why are you requesting a change in the permitting uses? L1..) OUL A YY\ IS l< Q -C(Al _ Tk o~ ek~ u R r~ E?A S I 2 I- ~/k o c e S S 7o W o 2 k (iU , f OWNERfAPPLICANTINFORMATION: (Hyouarenoitheowner,apermissionletterfromtheownerisrequired. Kyouare purchasingtheproperty,acopyof ihe confract may be used in lieu of a pennlsslon /etter ONiY lF fhe coniract provides that the purchase is coniingeni upon the applicanf successfuNy obtaining a zoning change.) Applicant's Name: 1~J ~ V 1~ ~L 60~A 1 Appiicant's Address: S U i'v~ n, er~ TX " 1 0 ~ S 2 TM~ S~ Phone: 9~ u 3?~9-CS7 S Z I Property Owner's Name: Property Owner's Address: Phone: J f" rv, c. ■ea 0 n a a a ae~~c~~~~~~~rs~~~s~~~ss~es~ies~s~ec~r~~~~e~~~~~~ee~~~R~~a~a~eo~~~~~~~~e~~t~~~a~~~~~t~e~t~~oo■ REQt11RED SUBMITTALS (check those items which are included): Completed application signed by the owner/applicani If Planned Development requested, inctude also: 2'Eopy of a deed with metes and bounds ❑ Four (4) copies of a preliminary site pian D Permission letter from owner • Copy of contract to purchase the property I have carefully read the complete application and know the same is irue and correct. I hereby agree 1o comply with all provisions of local, State, and Federal Laws will be complied with, whether herein specified or not. I ceRify that I am the owner oT the above property or his duly authorized agent. Signed: EddL ~ Address: 7 S 3`~' .S~ Print Name: ED Wy '71-io f• Phone Number: '7 S S- 7S 2 1 Date: FaxNjymber: 79 1.~ - 1 0 S o SWORN TO AND SUBSCRIBED BEFORE ME this ~I ' f JECEIVE STACIE BYRD ~ _ Not aiv Pubiic State Texas JAN 13 2~~~ Notary Public, State of Texa ' My Commission E~, pg-0p-2o10 r FILED: EXH«IT ~ BY: - ,y " {/~IVVV~ ~ 04/16/2008 - 10:01:39 AM By: gretehenb Lamar County, TX Kath Marlowe - Counb Clerk 111111111 hil iii iiii iiiiiii iiiiii iiii iiii iii iiili iiiii iiii iiii NOTICE OF CONFIDENTIALI'I'Y RIGHTS c IF YOU ARE A NA3'[JRAL PERSON, YOU MAY REMOVE OR STRIIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL FROPERTY BEFORE IT IS - FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER WARRANTY DEED TTgEE STATE OF TEXAS ) 0~~ C) ~ ) KNOW ALL MEN BY T$ESE PRESENTS: ' COUNTY OF LAMAR ) THAT I, EDNA M. PA:RKS, Individnally and as Sole Trustee of The Billy J. Parks and E. M. Parks Revocable Living Trast, by Agreement dated April 22,1992 (herein called "grantor"); of the County of Lamar, State of Texas, for and in consideration of the sum of Ten ($10.00) and more Dollaxs cash to me in hand paid by EDDY & DAVID THOMAS FINANCTAL, INC., A Tezas Corpotation, 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"), ofthe County of Lamar, State of Texas, where its mailing address is 4455 Lamar Avenue, Paris, Texas 75460, all that certain tract or parcel of land in Lamaz 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. Coz Surveys within the corporate limits of the City of Paris; describad by metes and=bounds as fatlows:. BEGINNTNG at a point in the. SB line of U. S. Highway 82 (Lamar Avenue) which is2213 feet East of its intersection with the common boundary line of the above mentioned Leach and Cox Surveys; THENCE SOUTH 183 feet, a stake; T'FiENCE EAST 75 feet, a stake; TT-ENCE NORTH 184 feet, a stake in the SB line of Lamar Avenue; TI-ENCE 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. Pazks and Edna M. Parks Revocable Living Trust, dated April 22, 2002, of record in Book 1274, Page 40, Lamaz County Real Properiy Records; reference being made to all the above mentioned instruments and records for all necessary PmPoses. TO HAVE AND TO HOLD the within described premises, together with all and singular the rights y`,'~ _ i and appurtenances thereto in anywise belonging unto EDDY & DAVID THUMAS 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 THUMAS FINANCIAI', 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 Trastee of The Billy J. Parks and Edna M. Parks Revocable Liying Trast, by Agreement dated Apri122, 2002 _ THE STATE OF TEXAS ) ) COUNTY OF LAMAR THIS instrument was acknowledged before m4onth day of Ap ril, 2008, by EDNA M. PARKS, in the capacities therein stated. K Mf RL~ R~~~ otaPublie SE F EXAS c, tate of Te IAy 12 ub AFTER RECORDING RETTTRN TO: Eddy & David Thomas Financial, Inc. 4455 Lamar Avenue Paris, Texas 75460 PREPARED IN THE LAW OFFICE OF: A. W. Clem, Attorney c/o The Moore Law Fum, L.L.P. 100 N. Main St., Paris, TX 75460-4222 . 4!Il(9n 9 i) MEMORANDUM TO: Chainnan 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: January 22, 2009 T'he 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 - I ['1) 9"1 ~ c~