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~'•,`:
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, 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
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^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
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::,e: c: c_~_c ~.Ec oc=~ ==2C:
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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
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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 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
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