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19-Move to deny the Site Plan of Lot 9, City Block 258CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 06-16-09 Engineering, Planning & Shawn Napier, P.E. Council Date: Development Director of Engineering, Planning 19. 06-22-09 & Develo ment RECOMMENDED MOTION: Move to deny the Site Plan of Lot 9, City Block 258, being number 625 NE 25th POLICY ISSUE(S): Planning and Development BACKGROUND: This is the site plan for proposed apartments to be constructed on NE 25th St. The site plan has been reviewed by staff and still has comments that need to be addressed. Planning and Zoning added a comment that the property owner address drainage coming off the developed site. Staff recommends denial of the site plan until all of the issues can be addressed as designing the drainage to not allow any additional flow off the site will be extremely difficult with the current plan. To date the owner has been unable to present a drainage plan to the City Engineer. BOARD/ COMMISSION RECOMMENDATION: The Commission recommended approval of the site plan, subject to City Engineer's recommendations by a vote of 6-0 and included a comment that the owner address drainage. EXHIBITS: Ordinance, memo, site plan, aerial, and photos ACTION: BUDGET INFO: N/A ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation Z Ordinance yTD Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: 0 Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 ORDINAIVCE 1V0. AN ORDINAIVCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING/DENYING A SITE PLAN FOR A DUPLEX DEVELOPMENT IN A PLANNED DEVELOPMENT DISTRICT - HOUSING DEVELOPMENT OR COMMUNITY U1VIT DEVELOPMEIVT (PD-b) ESTABLISHED ON LOT 9, CITY BLOCK 258, LOCATED AT 625 25TH STREET NE, PARIS, TEXAS; MAKIIVG OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVI111GS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, previously the City Council of the City of Paris, approved an Ordinance establishing a Planned Development District - Housing Development or Community Unit Development (PD-b) on Lot 9 City Block 258, located at 625 25th Street NE, Paris, Texas as described in the aforesaid ordinance (hereinafter the "Property"); and, WHEREAS, Roger Yosten has filed a Site Plan with the City Engineer to construct four duplex buildings on the property; and, WHEREAS, the Site Plan was submitted to the City's Planning and Zoning Commission and on May 4, 2009 was approved by the Commissioners subject to the modifications required by City Engineer; and, WHEREAS, on May 26, 2009 Mr. Yosten's site plan came before the City Council for consideration and the City Council tabled the item to give the City Engineer and Mr. Yosten time to resolve some issues related to drainage; and, WHEREAS, Mr. Yosten has made some changes to his site plan for his proposed duplex development to address the drainage issues and these changes have been reviewed by the City Engineer; and, WHEREAS, pursuant to the Ciry of Paris' zoning and subdivision ordinance regulations, the site plan is presented to the City Council for their review and consideration. 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 revised site plan, for Lot 9, City Block 258, located at 625 251n Street IVE, attached hereto as Exhibit A, be and the same is hereby, approved. Section 3. 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. f°:, Section 4. 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 5. 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 6. That any person violating any provision of this ordinance shall be guilry 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 7. Introduced and read on first reading on May 26, 2009, at a regular meeting of the City Council of the City of Paris and read and passed on second reading on June 22, 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 8. 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 second and final reading this 22°d day of June, 2009. Jesse James Freelen, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney f ~fio 855W 81v o oBqJ:ra uou.ra c_°~~ lal ~I~ " { t JC o~ ~ ' s Q a a ~ S i 3 ~ .o , I k S N ¢ 0 I W n 0 GN Z ' a a 0 Q 0 1 ; ❑N a ~ J j m a uo'~m ~ W ~Y d n o m w ~ wttNU,2 ~n W t`1 p 0 U ~N<Z 0 7 SZ~ r~ lQin:) 1sx3 res;qln~ Isx3 ~e, - ._s~_-•. - - I y ~ ~ - ~ r xdu~ ~ s• 2~e, ~ ~ ~ ~ ~ r• l I I o~~ ~ULL \ LLL o ~ ~ , ds - - ~ J x ~ o~ 0 ~ ~ E3~ ~I I i c ~ ~ ~ c ~ s ~ _ ~ - ~►~~~~110 } v 5 q ~d a o~ ~ _~avE 1 r~ -qR O~ aa a: ~ e $ t"3 Y p ^ ~ F a m~ w ~ R~aa o ^ ' i n m lp _ r m ~ M~\ s > B~ s~ s~ ?s ~ ExHrBtT .L MEMORANDUM TO: Honorable Mayor and Members of the City Council of the City of Paris FROM: Shawn Napier, Director of Engineering, Planning and Development SUBJECT: Site Plan for 625 251h Street N.E. DATE: May 20, 2009 . I have reviewed the site plan of the above-subject property and have found that the site plan is lacking several items necessary for approval. 1. The property is not platted ~ 2. Building height shown is incorrect (8-feet) 3. Dimension individual parking spaces 4. Remove trash pickup area in 25-foot front setback 5. Provide more detail for the trash pickup area on the Southwest side of property 6. Show and diinension the nearest fire hydrant on 25t' St. 7. Show exterior lighting and or light poles 8. The building area total shown is incorrect, therefore percentage is not conect 9. Label individual building areas 10. Show how drainage will be addressed. 1 recommend denial of the site plan based on the items listed above. cc: Kevin Carruth, City Manager W. Kent McIlyar, City Attorney Roger Yosten u~}pllj . ~ ~ ~ 4-J LI) N W z Lr) N ~ ~ • V / ~ 4-J _ I N W z Lr) N (.O ~