16-Zoning ChangesCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Otiginating Department:
Presented By:
A.genda Item No.:
06/16/09
Planning & Zoning
Shawn Napier, P.E. Director of
Council Date:
Commission
Engineering, Planning &
16.
06/22/09
Development
RECOMMENDED MOTION:
POLICY ISSUE(S):
Planning & Zoning
BACKGROUND:
The current Comprehensive Plan and accompanying Future Land Use Map were adopted on September
6, 2001. A revised Map and Legend Explanations were adopted on May 12, 2008. Any zoning changes
which do not comply with the recommended uses shown on the Future Land Use Plan Map require a
formal amendment to such Map.
The property owner (Wilhoit Properties) wishes to construct an apartment complex on a 6.5 acre tract
(part of the Enoch Crow Survey, Abstract No. 208) located in the 4500 Block of Lamar Avenue. The
Future Land Use Plan Map recommends that this area be zoned for Low Density Residential use, which
will not allow the proposed project to move forward without amending the plan.
On April 6, 2009, the Planning and Zoning Commission recommended that the City Council amend the
Map to allow for High Density Residential use and several people spoke in opposition to this item. A
related agenda item (no. 17) follows this request to amend the Future Land Use map. The property
owner has requested another delay in Council action until July 20 due to an "unforeseen condition." Our
procedures do not have a deadline for Council action on this type of item but almost without exception
Council acts on P&Z items the first council meeting after P&Z makes a recommendation. Since the
latest rescheduling request will make a Council decision a 107 days after P&Z's recommendation, staff
did not feel it appropriate to grant the request administratively since it was so unusual compared to the
City's historical practice. Council can decide to grant the request or vote to deny the change in the
Future Land Use plan now.
BOARD/COMMISSION RECOMMENDATION:
The Commission recommended approval of the Future Land Use Plan Map amendment by a vote of 5-0.
EXHIBITS:
Ordinance; aerial location map; site photos
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Order
Expense
$
❑ Department Report ❑ Resolution
Budgeted Amt.
$
❑ Presentation ~ Ordinance
y'TD Actual
$
~ Public Hearing ❑ Other
Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
E Administrarion E City Clerk E Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court Z Legal ❑ Library ❑ Police E Eng./Public Works ❑ Utiliries
City of Paris
Revised 2/04/08
000u56-
This Page Intentionally Left Blank
~ 0 i~ 0 6, "y
DRAFT
attorney\ordwork\current\Amend Land use Plan Map Ord P Holden 2009
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS
APPROVING AND ADOPTING REVISIONS TO THE FUTURE LAND USE PLAN
MAP FOR THE CITY OF PARIS AS SET FORTH HEREIN; MAKING OTHER
FINDIIVGS A1VD PROVISIONS RELATED TO THE SUBJECT; PROVIDING A
REPEALER CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE AND
PROVIDING A1V EFFECTIVE DATE.
WHEREAS, Section 211.004 of the Local Government Code requires that all zoning
regulations must be adopted in accordance with a comprehensive plan and must be designed to
lessen congestion in the streets; secure safety from fire, panic, and other dangers; promote
health and the general welfare; provide adequate light and air; prevent the overcrowding of land,
avoid undue concentration of population; or facilitate the adequate provision of transportation,
water, sewers, schools, parks, and other public requirements; and,
WHEREAS, on September 6, 2001, the City Council of the Ciry of Paris enacted Ordinance
No. 2001-054 which adopted a new Comprehensive Zoning and Land Use Plan for the City of
Paris; and,
WHEREAS, on May 12, 2008, the City Council of the City of Paris enacted Ordinance No.
2008-016 amending the Future Land Use Plan Map and Future Land Use Plan Map Legend
Explanations; and,
WHEREAS, on April 6, 2009, the Planning and Zoning Commission held a public hearing
to review and consider a request to amend the Future Land Use Plan Map as it pertains to a 6.5
acre tract of land at 4500 Lamar Ave., Paris, Texas, as more particularly described in Exhibit A
attached hereto, and following the public hearing recommend the amendment to City Council;
and,
WHEREAS, on June 22, 2009, the City Council of the City of Paris held a public hearing to
receive input from the citizens of the City of Paris regarding the proposed amendments to the
Future Land Use Plan Map as set forth in Exhibit A attached hereto; and,
WHEREAS, following the public hearing and consideration of the proposed amendment to
the Future Land Use Plan Map for the City of Paris, the City Council determined that these
amendments would be in the best interest of the City of Paris and its citizens, and the same
should be approved.
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 proposed amendment to the Future Land Use Plan Map of the City of
Paris, as more particularly described in Exhibit A attached hereto and incorporated herein, be
and is hereby approved and adopted.
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.
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 S. 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 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 7. Introduced and read on first reading on June 22, 2009, at a regular meeting of
the City Council of the Ciry of Paris and read and passed on second reading on July 13, 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 7. That by a supermajority vote of _ ayes and _ nays, the City Council voted
to suspend the rule requiring two readings before adoption of this ordinance.
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 second and final reading this 13th day of July, 2009.
jesse James Freelen, Mayor
ATTESTED:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
- 0 0 C 1 11 ,cj;"~1
EXHIBIT "A"
The recommended amendments to the Future Land Use Plan Map are as follows:
Properry located on a 6.5 acre tract being a part of the Enoch Crow Survey,
Abstract No. 208, being located in the 4500 Block of Lamar Avenue, be
changed from Low Density Residential to High Density Residential.
y.101 l,."t I '6"_"
FIELD NOTES
Tract 1
6.50 Acres and
14 Acre Access Easement
Lamar County, Texas
February 2009
Being 6.50 acres of land, situated within the corporate limits of the City of Paris, County of Lamar,
State of Texas, being a part of the Enoch Crow Survey A-208, and being part of a called 17.26 acre tract
of land conveyed from Nancy Crow Dunn, Corrine Crow Daniels, Genie Crow Aylor, Jane Aiul Crow,
Michael Crow, Louise Crow, Charles A. Crow Jr. as all of the heirs at law of Hatley B. Crow and wife
Lucy Crow to Wayne Owen Chambless and wife Inella Lawrence Chambless on October 18, 1982 and
recorded in volume 652, page 552 of the Deed Records of said county. The said 6.50 acre tract fully
described by metes and bounds as follows:
Beginning at a'/2 inch iron rod found for the Northwest corner of said 6.50 acre tract, said rod also
being the current Northwest corner of the aforementioned called 17.26 acre tract, said rod also being the
Northeast corner of a called 6.182 acre tract of land conveyed from Debra Vincent, Independent
Administratix of the estate of Charles Eddie Vincent, and Travis E. Vincent, sole Distributee and sole heir
at law of Charles Eddie Vincent to Alba Bailey White on May 31, 2006 and recorded as tract one in
volume 1757, page 177 of the Official Public Records of said county, and said rod also being in the South
boundary line of a called 6.106 acre tract of land conveyed from Gary Hilliard to Weldon Hilliard et al on
June 4, 2004 and recorded in volume 1481, page 274 of the Official Public Records of said county;
Thence N 88°18'45" E, along the South Boundary line of the aforementioned Hilliard tract, at a
distance of 326.56 feet passing the Southwest corner of a called 0.861 acre tract of land conveyed from
Naomi C. Vincent to Dicky D. King and wife Jayne B. King on June l, 1998 and recorded in volume 782,
page 355 of the real property records of said county, continuing on at a distance of 426.85 feet passing a
'h inch iron rod found and continuing on for a total distance of 428.19 feet to a point in the East boundary
line of the aforementioned called 1726 acre tract, and said point also being in the West boundary line of
Golden Acres Estates as shown in Envelope 222-A of the Plat Records of Lamar County Texas, said point
also being located S 01 °10'S9" E a distance of 375.27 feet from a'/z inch pipe found at the Northeast
corner of said called 17.26 acre tract and at the Northwest corner of said Golden Acres Estates;
Thence S 0 1 °10'59" E, along the West boundary line of Golden Acres Estates, a distance of 204.69
feet to a 40D Nail set in the top of an old Fence Corner Post that has been broken off just below ground
level, said nail also being the most Western Southwest corner of Golden Acres Estates, and also being an
ell corner of the aforementioned called 17.26 acre tract;
Thence S 00°40'30" E, at a distance of 117.81 feet passing the most Eastern South boundary line of the
aforementioned called 17.26 acre tract and the North boundary line of a called 5.86 acre tract of land
conveyed from Richard B. Davidson and wife Kristie Davidson to Wayne O. Chambless and wife Inella
Chambless on October 7, 1985 and recorded in volume 689, page 427 of the Deed Records of said
county, and continuing on for a total distance of 191.28 feet to a'/z inch capped iron rod set;
Thence S 88°28'00" E, a distance of 134.60 feet to a'/2 inch capped iron rod set in the East boundary
line of the aforementioned called 5.86 acre tract and said rod also being in the West boundary line of a
called 2227 acre tract of land conveyed from William E. Thomas to Goldie G. Thomas on March 11,
1971 and recorded in volume 524, page 618 of the deed records of said county, said rod also being
located S 00°10'28" E a distance of 191.28 feet from a'/z inch pipe found at the most eastern Southwest
corner of Golden Acres Addition;
:,q~,•~, r
Thence S 00°40'28" E, along the common boundary line of the aforementioned 5.86 acre tract and the
aforementioned called 22.27 acre tract a distance of 198.52 feet to a'/s inch capped iron rod set for the
Southeast corner of said 6.50 acres;
Thence S 89°36'48" W, at a distance of 206.93 feet passing the West boundary line of the
aforementioned called 5.86 acre tract and the East Boundary line of the aforementioned called 17.26 acre
tract and continuing on for a total distance of 567.41 feet to a'/z inch capped iron rod set in the West
boundary line of said called 17.26 acre tract and in the East boundary line of the aforementioned called
6.182 acre tract, said rod also being located N 00°23' 12" W a distance of 591.10 feet from a'/z inch
capped iron rod found at the Southeast corner of the aforementioned called 6.182 acre tract;
Thence N 00°23'12" W(Reference Bearing), along the conunon boundary line of the aforementioned
called 6.182 acre tract and the aforementioned called 17.26 acre tract a distance of 589.26 feet to the
POINT OF BEGINNING and containing 6.50 acres of land, together with the following 50 foot wide
access easement.
Beginning in the south boundary line of the above described 6.50 acre tract at a distance of 10.00 feet
N 89°36'48" E from a'/z inch capped iron rod set at the Southwest corner of said 6.50 acre tract;
Thence N 89°36'48" E along the South boundary of said 6.50 acres, a distance of 50.00 feet to a point;
Thence S 00°23' 12" E, a distance of 562.10 feet to a point;
Thence S 45°38'00" E, a distance of 136.49 feet to a point;
Thence S 00°38'00" E, a distance of 296.94 feet to a point in the North right-of-way line of U.S. -
Highway No. 82, said point also being located in the South boundary line of the aforementioned called
17.26 acre tract, at a bearing and distance of 5 89°20'20" W 205.99 feet from a 3/8 inch iron rod found at
the Southeast corner of said called 17.26 acre tract;
Thence S 89°20'20" W along the South boundary line of the aforementioned called 17.26 acre tract
and the North right-of-way line of U.S. Highway No. 82 a distance of 50.00 feet to a point, said point
being in the East line of a Utility Easement as granted to the City of Paris from Inella Lawrence
Chambless on June 7, 2002 and recorded in volume 1217, page 259 of the real property records of said
county, said point also being located N 89°20'20" E a distance of 106.94 feet from a'/z inch capped iron
rod found at the original Southwest corner of the aforementioned called 17.26 acre tract;
Thence N 00°38'00" W along the East line of the aforementioned City of Paris Utility Easement, a
distance of 276.25 feet to a point for corner;
Thence N 45°38'00" W along the East line of the aforementioned City of Paris Utility Easement, at a
distance of 122.61 feet passing an exterior corner of said easement and continuing on for a total distance
of 136.62 feet to a point;
Thence N 00°23' 12" W, parallel to and 10.00 feet perpendicular to the West boundary line of the
aforementioned called 17.26 acre tract, a distance of 582.94 feet to the point of beginning and containing
1.14 acres.
I, KEVIN K. WHITLEY, REGISTERED PROFESSIONAL LAND SURVEYOR, #5892, STATE OF
TEXAS, HEREBY CERTIFY THE ABOVE IS TAKEN F OM MEASUREMENTS MADE UPON
THE GROtJND.
C~``~.,,°n,~ OF
~ d ~ ~ ~ S T ~
KEVIN K. `NH9TLEY
'•~'.p 5892
0S S~~~UQ
EWOCH CROW SURVEI'
A-208
w
~
~ N
~n
=zC
aYa
C7 m t4
Z ¢1
WELDON HiLLIARD et al x w ~
OR VOL 1481, PG 274 0~s o
CALLED 6J06 AC }..a
I U K
POB TRACT 1- 25
1/2' IPF
S 07'10'59' E 375.27' T
GOLDEN ACRES ESTAlES
LCPR ENVELOPE 222-A
1/2' IRF BEARS SCALE: 1'=200'
S 8818'43' W 1.34'
~
1/2' IRF
. ~
ipdcL EASEMENT 1 _ o
ro
TEXAS POWER AND LIGHT o N
DR VOL 524, PG 204 N
UTILITY EASEMENT
CITY OF PARIS
r-
RP VOL 1217, PG 259
40D NAIL IN TOP OF W
W w
o; ?
~ a
I BROKEN fC
: POB TRACT 2
N
N~
Q n N
~w
TRACT 1 ~ o
.
l
'
o~
~
~
~Z
6.50 ACRES ; o
in
N
co
W n ^
w
N ~
~ i N
' ~
O
'
no
m
I t/2
CIRS
W
moa
Z"
S 88'28'00' E 134.
60' N i~
~
ORIGINAL ~
~ m
¢ o
LOT LINE
oo °
I 2'
~
CIRS
1
i
. c ao"5F'aA' W ~ 5fi7.4
~
1' L
c~
~
H
a
F-
N 89'36'48* E 50.00' i
N 8936'48' E 10.00"
p08 50'
I .
WIDE ACCESS EASEMENT
i
~
N
v1
Im O
N
N I
~ I
W
Q m N
~
I
Z N
Q N V U
#
I3 ~
VI Q NQ ~
U1Ja
64
:
i~
W
m:t
0 ~
W
L) a
N
w~am
T In
N
I~
h '
a
. ~
M UfV-
aU1Do
0
~
I~ i7
aZN I
UW~O 1
2Q JJ
UJO~
Z
:Z °
z ~ o Q i
p Z~ c~
Ui1liTY EASEMENT
CITY OF PARIS
o
f"- ~
. ~
U
o
i
0
W
,
a o
~
RP VOL 1217. PG 259
W W i
a
~
z~Z
3 i
1/2' CIRF~
:
ORIGINAL ~
LOT LINE~
>
"6'
D+
)
N 45'38'00" W 136.62~
UTIUTY EASEMENT
W
CITY OF PARIS
°
a
RP VOL 1217, PG 259
FX4 HOLDINGS LP
2, PG 53
RP VOL 132
L
CALLED 0.50 AC
20' W
1 /2" CIRF~
205.99'
~
'
"
'
`3/8" IRf
W 106.94
S 89'20
20
)
s ee•20'20'
w 50.00'
U.S. HIGHWAY N0. 82
DR VOL
291, PG 309
I, KEVIN K. WHITLEY, REGISTERED PROFESSIONAL LAND SURVEYOR FOR THE
STATE OF TEXAS, RPLS #5892, DO HEREBY CERTIFY THAT THE PLAT SHON?J
HEREIN REPRESENTS AN ACTUAL ON-THE-GROUND SURVEY CONDUCTED 8Y
ME, COMPLETED ON FEBRUARY 2, 2009.
O MAYTER
~ ENOINEEMIN6
(7 /NCOHIORITED
Gowsutr~wrt ► /ws r
X IM! 1C0~ sM PUII~. 1LSA1
O 47.45'
5 88'28'00" E 134.60'
i /2' IPF
TNOMAS DRIVE
CM~ F O 29.74'
GOLDEN ACRES ESTATES
LCPR ENVELOPE 222-A
-1/2" IPF O 138.38'
1/2' CIRS
GOLDIE G. THOMAS
DR VOL 524, PG 618
CALLED 22.27 AC
1/2' CIRS
LE
❑ CMF
GE
O~NCRETE MONUMENT FOUND
X 400 NAIL
40D NAIL
QIpF
IRON PIPE FOUND
O CIRS
CAPPEO IRON ROD SET
• IRF
IRON ROD FOUND
LCPR
LAMAR COUNTY PIAT RECORDS
RP
REAL PROPERTY RECORDS
DR
DEED RECORDS
OR
OFFICIAL PUBLIC RECORDS
POB
POtNT OF BEGINNING
crrv oF PaR►s
TRACT 1 (6.50 ACRES)
TR4CT 2 ( 0.590 /iCRES)
1.14 ACRE ACCESS EASEMENT
c.AMaR covNrr, TExas
FEBRUARY 2009
~E~1~~~?C1.1
fkC~4~~~[1'r
~
~
Q
L
~
~
J
y--
0
-14
U
0
m
O
O
Ln
d'
~
~
Q
~
E
~
J
~
0
i
-C
4-1
L
0
Z
aA
~
~
O
O
J
~
'
.
,
~
. ~ _t
~
K^ . -
. ~
y.
t
~vp
4
~
~
+
'~E{e7
a
St
~
lz~
~
„
.
Q
~
a
N
E
N
J
E
4-
O
O
~
U
N
0
W
CD
O
~
.
O
Ln
~
d-
O
O
J
3
A..,~
`y
~
~
cu
E
~
J
4--
` 0
V -~e
U
O
00
0
0
Ln
R*
'J ~?Y
r Y ~f
l~
~
~
. ~
L
~
m
E
O
~
~
~
~
~I-
N
~
~
aA
c
%Vol
0
0
~
_y Jft"~ .
`f!
A V 0lJ 0" ri