18-Zoning on the property located on Lots 25 and 26, City Block 249CITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
06/16/09
Planning & Zoning
Shawn Napier, P.E., Director of
Council Date:
Commission
Engineering, Planning and
18.
06/22/09
Develo ment
RECOMMENDED MOTION:
First reading - not an action item.
PoLicY IssuE(s):
Zoning; Public Hearing
BACKGROUND:
Wayne Brown has requested that the zoning on the property located on Lots 25 and 26, City Block 249,
(3070 Lamar Avenue) be changed from a Planned Development District (PD-a) Retail Shopping Center
to a General Retail District (GR). The future land use map calls for this area to be zoned retail.
At the June 1 Planning & Zoning meeting nobody spoke in opposition to the request and Mr. Brown was
the only one to speak in favor.
BOARD/COMMISSION RECOMMENDATION:
The Commission recommended approval of this request by a vote of 6-0.
EXHIBITS:
Ordinance; location aerial; site photos
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 N Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court Z Legal ❑ Library ❑ Police 0 Eng./Public Works ❑ Utilities
City of Paris Revised 2/04/08
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f:attorney\ordwork\current\Zoning Ord W Brown 6-22-09
ORDINANCE NO.
A1V ORDINAIVCE 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 REZOIVE LOTS 25 AND 26,
CITY BLOCK 249 CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A
PLANNED DEVELOPMENT DISTRICT (PD-a) RETAIL SHOPPING CENTER
TO A GEIVERAL RETAIL DISTRICT (GR) LOCATED AT 3070 LAMAR
AVENUE, DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL
ZOIVING 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 25 and 26, City Block
249, located at 3070 Lamar Avenue, City of Paris, Lamar County, Texas from a Planned
Development District (PDa) Retail Shopping Center to a General Retail District (GR); and,
WHEREAS, on June 1, 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 approve the requested
zoning; and,
WHEREAS, on June 22, 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.
1VOW, 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 IVo. 1710 of the City of Paris as heretofore amended is hereby further amended
to rezone Lot 25 and 26 City Block 249, located at 3070 Lamar Avenue, City of Paris, Lamar
County, Texas, from a Planned Development District (PDa) Retail Shopping Center to a
General Retail District (GR), said property being more particularly described in Exhibit A
a 6 U0 01 9 10'
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 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 June 22, 2009, at a regular
meeting of the City Council of the City of Paris and read and passed on second reading on
July 13, 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.
(or]
Section 8. 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 13th day of July, 2009.
Jesse James Freelen, Mayor
(i~~
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"NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER"
WARRANTY DEED
(CASH)
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR § .
THAT, WE, THE UNDERSIGNED, BARNEY W. BRAY III AND WIFE,DEANNA BRAY,
hereinafter called "Grantor", whether one or more, for and in consideration of the sum of TEN DOLLARS
($1 G.00 ) and other valuable consideration to the ur,dersiged in hand paid by the Grantee h:,rein named,
the receipt of which is hereby acknowledged, have GRANTED, SOLD AND CONVEYED, and by these
presents does GRANT, SELL AND CONVEY unto, D. WAYNE BROWN herein referred to as the
"Grantee", whether one or more, the real property situated in Lamar County, Texas and being described
to-wit: •
Situated.-in Paris, Lamar County, Texas a part of the GEORGE W. COX SURVEY and
being more fully described as two tracts of land fully described on Exhibit A attached
hereto.
This conveyance, however, is made and accepted subject to the following: t) cuy a,raAnchorage conse,:r
dnted Apri126, 1951, from O. E. Hayes to Texas Power and Light Company of record in Volume 318 Page 491 Deed Records of Lamar
County, Texas. 2) Right of Way and Easement from Floyd E. Malone et ux to Texas Power and Light Corapany dated Marcl: 27, 1951,
of record in Volume 318 Page 389 Deed Records ojLamar County, Texas.3) Easement and Right ojWay to Ter.as Power and Light
Conrpany dated Apri126, 1945, of record iu Volume 27q Page 617 Deed Records of Lmnar Counry, Texas. 4) Right of Way Easement
to t/re State of Texas daled November 21, 1947, of record in Valume 298 Page 459 Deed Records of La»:ar County, Texas. S) Easemenl
and Right ojWay to Tea-as Power and Ligl:t Company dated August 19, 1953 of record in Volume 337 Page 557 Deed Records of Lamnr
Coutrty, TPxas. 6) Right of Way atid Easenrer:t to tl:e State of TeLas dated November 21, 1947, of record in Volume 298 Page 458 Deed
Records of Lamar Comity, Tesas. 7) Restrictive covenants recorded in Volume 272 Page 349 and Volinne 318 Page 146, Deed Records
of Lainar Couniy, Teras.
TO HAVE AND TO HOLD the above described premises, together with all and singular the rights
and appurtenances thereto in anywise belonging, unto the• said Grantee, Grantee's heirs, executors,
administrators, successors and/or assigns forever; and Grantor does hereby bind Grantor, Grantor's heirs,
executors, administrators, successors and/or assigns to WARRANT AND FOREVER DEFEND all and
singular the said premises unto the said Grantee, Grantee's heirs, executors, administrators, successors
and/or assigns, against every person whomsoever claiming or to claim the same or any part thereof.
EXECUTED EFFECTIVE THE 5TH day of JANUARY, 2007.
BARNEY . BRAY III r
-J~~:~-~~~~
DEANNA BRAY ~
EXHIBIT
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ACKNOWLEDGMENTS
THE STATE OF TEXAS §
§
COUNTY OF LAMAR §
The foregoing instrument was acknowledged before me on the 51I-6y ofJANUARY, 2007, by BARNEY
W. BRAY IIL
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H
Publ c
t ft:` ` S1A'fE 0F TEXAS
NOTARY PUBLIC, STATE OT TEXAS
S. . ...ao •
My Comrnission Expires Notary`s printed name
THE STATE OF TEXAS § .
§
COUNTY OF LAMAR §
The foregoing instrument was aclrnowledged before me on the .j'~day of JANUARY, 2007, by DEANNA
BRAY.
DfAiVN,BRANCH~:, (n. . ~
Notary Public STATE OF TEXAS
M: Comm, E`p, oero7reaas NOTARY PUBLIC, STATE OF TEXAS
i
My Commission Expires , Notary's printed name
Grantee's Address:
( ter Recording, Retur~ to:)
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L-l l- _ .io.n r:..: .
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EXHIBI T A
TRACT 1:
A part of the Geo. W. Cox Survey, described by metes and
~ . bounds as follows, to-wit:
- BEGINNING at a stake in the SB line of U.S. Highway 82,
- formerly Lamar Avenue at the NE corner of the tract of land conveyed
by Harriet Ayres McKellar to 0. E. Hayes on July 7, 1944 by deed
recorded in Book 273, Page 442, Lamar County Deed Records.
THENCE WEST with the SB line of said Highway,' 200 feet, more
or less, a stake at the NE corner of the tract of land conveyed
0. E. Hayes and wife, Ruby C. Hayes to Floyd Malone by deed
recorded in the Deed Records of Lamar.County, Texas;
THEtJCE SOU7H with the EB line of said Malone tract of land
= 667 feet, more or 1 ess, at stake at 'i ts SE corner i n'- the SB 1 i ne
of said McKellar-Hayes tract of land;
THENCE EAST with said SB line 200 feet,.more or less to the
SE corner of said Hayes-McKellar tract;
THENCE NORTN with the WB line 660 feet, more or less, to the
- place of beginning.
SAVE AND EXCEPT AND LESS the following described tract of
land heretofore conveyed to 0. L. Rainey by deed dated May 9,
1975 of record in Book 569, Page 516, Lamar County Deed Records.
A part of the George W. Cox Survey within the corporate limits
of the City of Paris and of the tract of land described in deed
from Lois Lorene Hayes to David C. Hayes dated November 12, 1965 of
record in Book 436, Page 371, Lamar County Deed Records, described
by metes and bounds as follows in accordance with a survey made
by W. R. Abbott, Registered Public Surveyor on April 28, 1975.
BEGINNING at a stake at the SE corner of said David C. Hayes
tract of land.
THENCE NORTH with its EB line 383 feet, a stake;
THENCE NORTH 86 De'g. 35 Min. West 200.2 feet, a stake in the
WB line of said Hayes tract of land;
THENCE SOUTH with said WB line 395 feet, a stake at the
SW corner of said Hayes tract of land;
THENCE EAST with its SB line 200 feet, to the place of beginnin
containing 1.79 acres of land.
TRACT 2:
COUNTY Cl._FRK'S MFMO:
PORTIONS OF TH(S DOCUMENT
ARE NOT REPROQUCIBLE
. WHEN RECQR9E9
Situated within the corporate limits of the City of Paris, County of Lamar
and State of Texas, a part of the George W. Cox Survey #164 and being a part of a
tract of land conveyed Floyd E. Malone by deed recorded in Vol. 313, Page 174 of
the Deed Records of said County and State.
BEGINNING at an iron pin for corner in the South Boundary Line of Lamar Ave.,
at the present Northeast corner of said Malone tract of• land.
THENCE WEST along the South Boundary Line of said Lamar Ave. a distance of 50
ft. to an iron pin for corner;
THENCE SOUTH a distance of 225 ft. to an iron pin for corner;
THENCE SOUTH 76 Deg. 30 Min. East a distance of 51.4 ft. to an iron pin for
corner;
THENCE NORTH along the East Boundary Line of said Malone tract of land a
distance of 237 ft. to the place of beginning and containing 0.265 acre of land.
. Uu~1i0-i
~ITY OF PAF21S
COAfiMUNITY DEVELOPMENT DEPARTMENT
P. 0. Box 3037 L Paris, Texas 75461 s 903-784-9234
APPLICATION FOR ZONING CHANGE
TYPE OF ACTION REQUESTED:
PROPERTY INFORN{ATION:
Address: '3 o / C.7 2-
For Office U,s1 Only Request Number:
Date Rcvd: ` `~~QC~ Mtg Date: 1-0`
ii~ Zoning Change ❑ Specifc Use Permit
Receivea
Mqr _
Name of Business or Building (if applicable): _
n ~t
y
Lot j(g_ Block ,::9~6 _ Subdivision
Current Zoning: ? p Proposed Zoning: i ,
What is the proposed use of the property? t~` -e "1'Y3;
Describe the character and/or nature of uses of surrounding property. i~ 11/~t y! 't 0~,.a rt ~ rS v"
Will the re-zoned designation be compatible with the classification and use of adjoining lands. Ye 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 R iff GC) Tvyl I'm e y' 4ZA S
If No, why are you requesting a change in the permitting uses? , 1)~R J~~ Q ~J L A~i/
~l ~J -2 vu •4p 41 C-*b- 9 ~
OWNER/APPLICANT INFORMATION: (1/ you are not the owner, a permission lettei Irom the owner is iequired. 11 you are purchasing the property, a copy o(
fhe contractmay be usedln lleu o/a permiss/on letfer ONL Y IF the contract provides fhat the purchase is contingent upon the applicant success/ully obtalning a zoning
change.)
Applicant's Name:
Applicant'sAddress: n
Phone:qd 7J '4<31 Sy S )
Property Owner's Name: N-LEC-eD "
PropertyOwner's Address: 3 ~'~w1 ~ Phone:
■~ore~uee~~~~see~to~e~~e~e.~ee~~~~~o~c~iseot[ees~et~sese~es~~e~~s.~~■~■s~~~t~~oceteE~e~scsc~~~ee■ ■a
REQUIRED SUBMITTALS (check those items which are included):
V ompleted application signed by the owner/applicant If Planned Development requested, include also:
opy of a deed with metes and bounds ❑ Four (4) copies of a preliminary site plan
❑ Permission letter from owner
❑ Copy of contract to purchase the property
I have carefully read the compiete 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: l c.J, c (I-~Q Address: 1-,aVW%9`(Z
Print Name: sGs.i Phone Number. C7
Date: Fax Number:
SWORN TO AND SUBSCRIBED BEFORE ME this,~~ day of 20 O~
~ .
~ ~ ~ IVE Notary
JEANNA SCOTT
FILED: NOTARY PUBLIC 12/06
STATE OF TEXAS
nr ~~Hinnumu``` kqy C;OmmiSSIUn F.xpIICS O1-26-2011
BY: I v '
❑ Planned Development
* u , D~1~':~
R
A1 ece`~ed
MEMORANDUM y~o
Ay6?09
pa~;S
'~as
TO: Chairman and Members of the Planning and Zoning Commission
Honorable Mayor and Members of the City Council
FROM: Planning and Development Department
SUBJECT: Zoning Change Requests
DATE: May 26, 2009
The following zoning change request will be presented at the Apri16, 2009, meeting of the
Planning and Zoning Commission and the Apri127, 2009, meeting of the City Council of the City
of Paris for consideration:
1. Wayne Brown is requesting that the property located on Lots 25 and 26, City Block
249, being number 3070 Lamar Avenue, be rezoned from a Planned Development District
(PD-a) Retail Shopping Center to a General Retail District (GR). The Comprehensive
Pla.n recommends that this property be zoned General Retail District (GR).
cc: Kevin Carruth, City Manager
W. Kent McIlyar, City Attorney
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