09-Sum Tex Partners, Inc. has requested zoning changesCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
07/20/09
Planning & Zoning
Shawn Napier, P.E., Director of
Council Date:
Commission
Engineering, Planning and
9.
07/27/09
Development
RECOMMENDED MOTION:
Not an action item - public hearing and first reading
POLICY ISSUE(S):
Zoning; Public Hearing
BACKGROUND:
Sum Tex Partners, Inc. has requested that the zoning on the property located on Lot 2, City Block 308
(A/K/A number 1500 West Washington) be changed from a Single Family District No. 2(SF-2) to a
Planned Development District (PD-b) Housing Development or Community Unit Development for the
purpose of constructing a senior (55 and older) apartment complex. The Planning and Zoning
Commission recommended approval of this request. Several people spoke in favor of this petition and
one person spoke in opposition to this request.
BOARD/COMMISSION RECOMMENDATION:
The Commission recommended approval of this request by a vote of 5-0.
EXHIBITS:
Ordinance, location aerial, and site photos
ACTION:
BUDGET INFO:
E] Financial Report ❑ Minute Order
Expense
$
❑ Department Report ❑ Resolution
Budgeted Amt.
$
❑ Presentation ~ Ordinance
y'I'D Actual
$
Z Public Hearing ❑ Other
Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
Z Administration E City Clerk Z Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court Z Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities
City of Paris
Revised 2/04/08
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DRAFT
ORDINANCE NO.
F:ALICE\ORDWORK\CURRENT\Zoning Ord - SumTex 7-27-09
AN ORDINANCE 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 REZONE LOT 2, CITY
BLOCK 308,1500 WEST WASHINGTON, CITY OF PARIS, LAMAR COUNTY,
TEXAS, FROM A SINGLE FAMILY DWELLIIVG DISTRICT (SF-2) TO A
PLANNED DEVELOPMENT DISTRICT (PD-b) HOUSING DEVELOPMENT
OR COMMUNITY UNIT DEVELOPMENT DIRECTING A CHANGE
ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING
A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A
PEIVALTY CLAUSE, A1VD 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 2, City Block 308, Ciry
of Paris, Lamar County, Texas from a Single Family Dwelling District (SF-2) to a Planned
Development District (PD-b) Housing Development or Community Unit Development; and,
WHEREAS, on July 6, 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 July 27, 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 Ciry of Paris, consistent with the City zoning
ordinance, and in the best interests of the public health, safery, and welfare of the citizens
of the Ciry of Paris.
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 Ciry of Paris as heretofore amended is hereby further amended
to rezone Lot 2 City Block 308, 1500 West Washington, City of Paris, Lamar County, Texas,
from Single Family Dwelling District (SF-2) to Planning and Development District (PD-b),
Housing Development or Community Unit Development said property being more
particularly described in Exhibit A attached hereto and made a part hereof.
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Section 3. that the zoning herein granted is conditioned upon the submission of a
Site Plan in accordance with Section 8-302 of Ordinance No. 1710, which after full
compliance with the procedure established in Section 8-302 of Ordinance No. 1710, which
after full compliance with the procedure established in Section 21 of said Ordinance No.
1710, must be approved by the City Council prior to the issuance of any building permits.
Section 4. 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 5. 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 6. 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 7. 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 8. 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 9. 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 10. That this ordinance shall become effective from and after its passage of
the 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 27th day of July, 2009.
Jesse James Freelen, Mayor
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ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
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CITY OF PARIS
I COMMUNITY DEVELOPMENT DEPARTMENT
P. O. Box 9037 ■ Paris, Texas 75461 ■ 903-784-9234
APPLICATION FOR ZONING CHANGE Forotfice J~use onquest Num,b_e,r\
Date Rcvd. " Mtg Date:
TYPE OF ACTION REQUESTED: ❑ Zonina Cbange.._, ❑
Specific Use Permit ~ Planned Development
PROPERTY INFORMATION: ell~
Address: w. W/~ S~ t tJ la-nn N l 1~~
Name of Business or Building (if applicable):
W~~►~~ra,.~~
,,tMow Sv,Vq Abs•* 4'19
Lot 2 Biock 3°t3 Subdivision~►S.A -C
Current Zoning: L Proposed Zoning: Fb-+ '
What is the proposed use of the property? TgJAP -4'••wA !5QRte ,C*~~?Lon MuLT/. ~ArH~ ~l
Describe the character and/or nature of uses of surrounding property. EAVT o~'r✓.~.'~'«~ [AY~s~e~~~L►~.,~ivf Y~ 11i~~ TS- b
i.- <.I u re e--L..~.-,,_1 1 <..1-11 2ont~ ~IAvt.+~s1-D~,rcl~tn-h ,Aj,a.~w►~~i
Will the re-zoned designation be compatible with the classifcation and use of adjoining lands? (~e / No
If No, how do you propose to reduce any adverse impact? _ ~~Q
Is the tract unsuitable for uses permitted under the present zoning classification? Yes /(D
If No, why are you requesting a change in the permitting uses? RLr iw E6.-G c s`rn 79EV f Lo P&7 Dt T teo nJ A-I^
~F,.), niz M ut-n FA M,i L-~ ('51 4~~C-~(~--:JA00 6, 1-04-4-
OWNER/APPLICANT INFORMATION: (If you are not the owner, s permisslon /etter hom fhe ownar is requlrad. 11 you ara purchas/ng tha property, a copy of
the confnct may De used In lleu ofa permisslon letterONLV IF the contractprovldes that the purchese Is contingent upon tha appllcantsuccessfuily obtafning a zoniny
chanae.)
Applicant's Name: 5ii
APPIicanYsAddress: L. . n S~~~EDFor~ TJ~ Phone: $l"1.•ZSS-ise31s 2t~~
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Property Owner's Name: "'T-+t.,~.~~•~trs :t7we-•
Property Owner's Address: 21 Z19 4V§n) WSo%I~,~~~d `.I'XQ~ '"I6oZ.1 Phone: q1"jI2eS-~:,31 Sv-I 1
REQUIRED SUBMITTALS (check those items which are included):
R,T,ompleted application signed by the owner/applicant if Pjanned Development requested, include also:
CB-Copy of a deed with metes and bounds 2Tour (4) copies of a preliminary site plan
❑ Permission letter from owner
❑ Copy of contract to purchase the property
I have carefully read mplete a ication and know the same is true and correct. I hereby agree to comply with all provisions of local,
State, and Federa a w(ill ied with whet er hgKein specifed or not. I certify that I am the owner of the above property or his
dulyauthorized ent. Ii~.fntr),zt-.-
- 11Y5. Address: ~~LQi LI ~ •w1., t
Si ed:
P mt Name: Phone Number:
te: Fax Number: -
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SWORN TO AND SUBSCRIBED BEFORE ME this :ZL day of WAX
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JQDI R LANE
Notary Public, State of Texas
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Property Description
Tract 1
Situated within the Corporate Limits of the City of Paris, Lamar County, Texas, a
part of the Asa Jarman Survey, Abstract 479, also being a part of a tract of land conveyed
to J. R. Lane and wife, Mary Lane, by deed recorded in Volume 308, Page 264, of the
Lamar County Real Property Records, and being further described as follows:
Beginning at a point in the East Boundary Line of 19`h Street S. W. at the most
Westerly Southwest corner of said Lane tract;
Thence North 00° 29' 48" East with said East Boundary Line a distance of 348.35
feet to a point for corner;
Thence North 89° 55' 53" East a distance of 1012.93 feet to a point for corner;
Thence South 00° 31' 03" West with a distance of 542.43 feet to a point for °
corner in the North Boundary Line of West Washington Street;
Thence South 89° 54' OS" West with said North Boundary Line a distance of
709.99 feet to a point for corner;
Thence North 01° 07' 35" East a distance of 193.30 feet to a point for corner;
Thence North 89° SO' 50" West a distance of 304.87 feet to the place of
beginning, and containing 11.265 acres of land.
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MEMORANDUM
TO: Chairman and Members of the Planning and Zoning Commission
Honorable Mayor and Members of the City Council
FROM: Planning and Development Deparhnent
SUBJECT: Zoning Change Requests
DATE: June 24, 2009
The following zoning change reyuest will be presented at the July 6, 2009, meeting of the
Planning and Zoning Commission and the July 27, 2009, meeting of the City Council of the City of
Paris for consideration:
l. SumTex Partners, Inc. is requesting that the property located on Lot 2, City Block 308,
being number 1500 West Washington, be rezoned from Single Family Dwelling District
No. 2(SF-2) to Planned Development District (PD-b) Housing Development or
Community Unit Development. The Comprehensive Plan recommends that this property
be zoned Low Density Residential. Approval of this request would require an amendment
to the Comprehensive Land Use Map.
cc: Kevin Carruth, City Manager
W. Kent McIlyar, City Attorney
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