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10-Zoning change from light ind. to commercial districtCITY 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 10. 07/27/09 Development RECOMMENDED MOTION: Not an action item - public hearing and first reading POLICY ISSUE(S): Zoning; Public Hearing BACKGROUND: Eileen Pheng has requested that the zoning on the property located on Lot 17, City Block 324, (A/K/A number 2735 Farm to Market 79) be changed from a Light Industrial District (LI) to a Commercial District (C) to be able to sell beer and wine. The Planning and Zoning Commission recommended approval of this request. No one spoke in opposition to this request. BOARD/COMMISSION RECOMMENDATION: The Commission recommended approval of this request by a vote of 5-0. EXHIBITS: Ordinance, aerial, and site photos ACTION: BUDGET INFO: ~ Financial Report ❑ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation Z Ordinance y'I'D Actual $ Z Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration Z City Clerk Z Community Development ❑ EMS/IT ❑ Finance ❑ Fite ❑ Municipal Court Z Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 DRAFT F:ALICE\ORDWORK\CURRENT\Zoning Ord - Eileen Pheng 7-27-09 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDIIVG ZONIIVG ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE LOT 17, CITY BLOCK 324, LOCATED AT 2735 FARM MARKET 79, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A LIGHT INDUSTRIAL DISTRICT (LI) TO A COMMERCIAL DISTRICT (C) DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDIIVG A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE, AND A1V 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 17, City Block 324, located at 2735 Farm Market 79, City of Paris, Lamar County, Texas from a Light Industrial District (LI) to a Commercial District (C); 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 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. 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 17 Ciry Block 324, 2735 Farm market 79, City of Paris, Lamar County, Texas, from Light Industrial District (LI) to Commercial District (C), said property being more particularly described in Exhibit A 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. - 000047 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. 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 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 ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney - 000048 CITY OF PARIS COMMUNITY DEVELOPMENT DEPARTMENT + P. O. Box 9037 ■ Paris, Texas 75461 ■ 903-784-9234 r For Office Use Only Request Number: APPLICATION FOR ZONING CHANGE Date Rcvd: Mtg Date: ~ O TYPE OF ACTION REQUESTED: xZoning Change ❑ Specific Use Permit ❑ Planned Development PROPERTY INFORMATION: Address: ~ 73,5- . /ti , 7 q Name of Business or Building (if applicable): SCb%T f~.~ ~ G 20C , -'SCO 1 E~' r2~-1 Lot 1-7_ Block l)q_ Subdivision ~U' ropo§e2TZo ' g: Current Zoning: LCA& What is the proposed use of the property? ('-O/VaE/UI eXJC E Describe the character and/or nature of uses of surrounding property. ~ES- 7 uaQN ,,T. f- P E S~ ~ EAl % / A L Will the re-zoned designation be compatible with the classification and use of adjoining lands Yes 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 0 If No, why are you requesting a change in the permitting uses? OWNER/APPLICANT NFORMATION: (il you are not tha owner, a permission /etfer/rom fhe owner ls requlred. 1/you ara purchaslnity. f fhe contract maybe used In Ileu o/a parmiss/on letter ONLY 1F tMe conhaet provides that the purchaso Is eonf/nyent upon the ipplicanf successful/y obtalnlny a zoning change.) ApplicanYs Name: 91L E EAJd H,6~'A16- ApplicanYsAddress: 4g 735- F M' -7/ Phone: /740-5`" faT~) Property Owner's Name: E-;CL ~5 6N HC-IU 6` PropertyOwner's Address: J1, 7 r-~ , nl) . 7 e?, phone: /~O3 R~QUIRED SUBMITTALS (check those items which are included): P!1 ompleted application signed by the owner/applicant If Planned Devetopment 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 complete appiication 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. S i g n e df::~" Address: 73 ~ r, tll• % PrintName: - PhoneNumber: 03- 7 - UV,Z Date: 6 6 Fax Number: - SWORN TO AND SUBSCRIBED BEFORE ME this '-k-day of _ .20 dq. E C) V rv~ " Notary ublic ate ~ a, HOLLY SCOTT JUN 17 2009 :~o'~~''•~:_ FILED: Notery Public ~ STATE OF TEXAS 8Y, ~ ~•',p My Commission - ~~oF~t~'•,`: EXHIBIT. Expires Oti1sizo» •ssss~asassss~~r+~sffss~rs+~an~+re+~s*ss+►i : UO~G J ek v4i P9 00005842 oF ias•c bs $xEi_aiT ^a= , West of the City of Paris, TRACT ONE: Situated about z land 15tate~ofh e~xDs,9 a part of the Joseph Ames County of Lama:, conve ed Ronnie F. Survey ~~B a~adb zecorded `n Vole 596C Page 669, of the Deed Record5 Spencer by p: said County and Scace. BEGTNNING aC a pcst: :cr co:ner at the Nczthwest corner of sai 0.92 ac:e cracc. ':Y.ENC£ S0137H a distaace of 200.5 feet to an angle iron rod fcr <,aid 0.92 acre tzact; corne: at the Sout2:wes[ ccrr.er ef TF?E1~CE SOUTH BO Dec. East a dis:ance of 200 feet to an ==on D:pe for ccrner at t`:e Scutheast cezr.er of said 0,92 ac:e c:ac:; TtiENCE NCnT'.: a cis:once o£ 200 `eet to a nail for cc::e: ac t.`.e 'JOZCheast co::1E= cf sa:d 0.52 ac:e tract; iy,:;7CE alcr.g :`e _occh bounca=Y ound af cuFar-n zve toothe 7 ight follows: No:th BO Dea. tiest 55.9 feet; ax 105.5 `_eet to t`e place c`_ beci.^.ninc. TRACT 50 Dec. West of the City o`_ Paris, S:tt:ated -'tcut 2.~ es cr_ . Sca-e cC :exas, a pa:t o_ the Jose~` ?.~nes Cc,r.t;+ c_~ 'zr..ar, ar.c 5.66 acre t=act o_-a:~' 5•~rvey K?8,y anc bein5 c: a called S ccnveyed Gec_ge Speacer '~y deec reccrded in Vol, o~, page 76c., c: 7eed sa'_c Cocn:y anc -tate. c ~o ac:e :e 'eccr~s o' =EG?:"'d:NG ~te :dc_ es_y 24ort: west cor::er ef said ' r c'_ a c a'_le d D . ~Co ~cre , ._zc: sa_c rc'_:t ce_n5 -=e '.~c:t `eas[ cc ;:eby ceec _eccrdec ia 1c'_ _zct o_ !anc ccn~'eyed Scctt:e Nc:-ei1 ~ sa-=?.eccres; ~ 15 c •=c 5c~ ~~ce E . ~O, c_ , ~'est a c.star.ce c_ =EhC2 Scuth 2 ~ec. ~'~=n• 0 5 ec . 9 6o ~ c. ^ c - c_; e '_o_ ccrr.er at an el cerZer cf `sa:c . . t oa ~ a.se tracc a.._ t`'e Scc'neast ccrae. c`_ said 0.505 acre r ract' ^n M:a. 2^ -~ec. West a distar.cee: 19` :]c_t.. ~ec. - ° escerl ::c:['.^.west [o a.. ar.c_e^ 1=) :cr corr.er at t`:e :~7 Y cc ar.c ' •`e Scuthwest ccrner o_ sa_c ~ ' ::,e: c: c_~_c ~.Ec oc=~ ==2C: p.:05 acre==zc=; 1EED1C5 Sccch Z Dec. 27 M'_n. 23 Sec. West along theWest~ezl•r distance c. 1C.O9 West bocr.ca^~ line c_ sac- 9.66 acre c:act a :n (s) _cr ccrner; ft. SCLth 79 Dec. a ast a d-stance oc 199,91 co aa izcn P- ~ ;.;~n. 26 Sec. E "'II~NC~ . to an :rcn pi:: (s) ^ corne:; ?07.59 !:crtn 7 Dec. 50 :'~in. .5 Sec. East a d:stance cE . to aa :rcn pin (s) :o: co:^erl i Che Scuth _t "HENCE ?vc.ch 75 Dec. AO M:n. 24 Sec. wes: a_ong bounCaxy line cf Fa=:n n~ad 79 a d=stance ef 19.38 ft. to ehe place cf heg:;;ning ar.c ccnca'_r.:a4 0,092 acres of laad. COU:'iiY(:!.f fP.(~c f R 0occ " MEMORANDUM 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: 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: 1. Eileen Pheng is requesting that the property located on Lot 17, City Block 324, being number 2735 Farm Market 79, be rezoned from Light Industrial District (LI) to a Commercial District (C). The Comprehensive Plan recommends that this property be zoned Commercial. cc: Kevin Camith, City Manager W. Kent McIlyar, City Attorney . 0U005~. _ ~U~0 ~ ~ • • ~ Ln m ~ N ~ ~u~~~5~