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11-Site plan for proposed parking at existing business located at 3051 Lamar AveCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 07-20-09 Engineering, Planning & Shawn Napier, P.E. Council Dace: Development Director of Engineering, Planning 11. 07-27-09 & Development RECOMMENDED MOTION: Consideration of and action on the Site Plan of Lot 5, Block 1, being number 3051 Lamar Avenue. POLICY ISSUE(S): Site Plan Approval for Planned Development Zoning BACKGROUND: This is the site plan for proposed parking at an existing business located at 3051 Lamar Avenue. Staff recommends approval of the site plan pending subject to meeting the City Engineer's recommendations. Project Contractor Stuart Dodson spoke on the owner's behalf. No one spoke in opposition. BOARD/COMMISSION RECOMMENDATION: The Commission recommended approval of the site plan, subject to City Engineer's recommendations by a vote of 5-0. EXHIBITS: Ordinance, memo, site plan, aerial, and photos. ACTION: BUDGET INFO: N/A F~ Financial Report Z 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 Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities City of Paris U00Revised 2/04/08 . DRAFT attorney\ordwork\current\Site Plan Ord 3051 Lamar Ave 7-27-09 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING A SITE PLA1V FOR A PLANNED DEVELOPMENT DISTRICT- COMMERCIAL CENTER (PD-a1), PREVIOUSLY ESTABLISHED BY THE ENACTMENT OF ZONING ORDINANCE NO. 88-005, ON LOT 5 AND 10.5 FEET OF LOT 6, BLOCK 1, HAYES HEIGHTS ADDITION, LOCATED AT 3051 LAMAR AVENUE, PARIS, TEXAS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PEIVALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 8, 1988, the City Council of the City of Paris, Texas enacted Ordinance IVo. 88-005, establishing a Planned Development District-Retail Commercial Center (PD-a1) on Lot 5, and 10.5 feet of Lot 6, Block 1, Hayes heights Addition, located at 3051 Lamar Avenue, Paris, Texas as described in the aforesaid ordinance (hereinafter the "Property"); and, WHEREAS, Mark Easlon has filed a Site Plan for the Property in connection with their plans to build a Travel Office on the Property; and, WHEREAS, the Site Plan as shown on Exhibit A attached hereto, has been reviewed by the City Engineer and Community Development Director and is hereby submitted to City Council for approval. 1VOW, THEREFORE, BE IT ORDAIIVED BY THE CITY COUIVCIL 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 site plan, including the drainage plan, for Lot 5 and 10.5 feet of Lot 6„ Block 1, Hayes Heights Addition, located at 3051 Lamar Avenue, attached hereto as Exhibit A, be and the same is hereby, approved. Section 3. 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. 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. 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. Any person violating any of the provisions 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. That by a supermajority vote of ayes and nays, the City Council voted so suspend the rule reyuiring two readings before adoption of this ordinance. Section B. 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 first and final reading this 27th day of July, 2009. Jesse James Freelen, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney ^ , p a 3Ntla 4OOOM YNOSM HOf p fJ A e ~ ~ ~ i p I ~ ~ i ► ~ s I I ~ ~ I ~ ~ -uunMw- _I i ~ i i I ~ ~ I' ~I I' li L - - - - - - - - - - - - - II ---i---i-'~-^-i----i I ded ' ~ I I af --~---1----J-----L---- J o<a ~ 3m°m ~ ao4 g~mw 6N I 1 1 32 ~,sy C 6 F z ~c$dS 4Z0J j ~ ~V y I y JMY)'TiW7tliMiY y I 8 I r~~.q4s1o I ~ \ I n 9\ ~ b i~ \ ~ a 3! u a A K 1 ~ ~a5~1~~ ~ / \ 0 ALI - - - ~ - \ ~ y ~ e wI+G 21=M Km-WW' 2¢ AL , ~ ~ ; ~ ~I I I----------~ ~ I ~ I I - - - - - - - - - - - - - L - - - - - - - - - - 9: YI-JI I 7'6133tl1618LS vc oa ~a N F H C i . 't~Mi]MaNp~YiMi~ i ~ p Ni ^ aw ~anu ie~c CITY OF PARIS COMMUNITY DEVELOPMENT DEPARTMENT P. O. Box 9037 m Paris, Texas 75461 iL 903-784•9234 For Office Use nly Request Number: APPLICATION FOR ZONING CHANGE Date Rcvd: lO &t)Mtg Date--' ~ O TYPE OF ACTION REQUESTED: O Zoning Change ❑ Specific Use Permit -kPlanned Development PROPERTY INFORMATION: Address: 3 D S I AUl Name of Business or Buiiding (if applicable): _bo _~t~~[~w~ ~ I~ Lot ~ Block 1 Subdivision ,11 S}~~4~_ Current Zoning: Proposed Zoning: What is the proposed use of the property? 7"iot✓t ~()MI C-f Describe the character and/or nature of uses of surrounding property. 60 «f Will the re-zoned designation be compatible with the classification and use of adjoining lands? / 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 If No, why are you requesting a change in the permitting uses? OWNERIAPPLICANT INFORMATION: (if you are not the owner, r permisslon letter Irom fha owner is requlred. II you are purcAasing fhe property, a copy of tAe conVacf ineyDe used !n lleu o/a permisslon letter ONLY IF fhe conhacf provldas fAaf !Ae purchase is contingenf upon the applicanf succesalully obtalning a xoning change.) ApplicanYs Name: _lb o, Ien -er,L4 7 40 ApplicanYsAddress: Z5 14 o hn.~-,/oav t h Phone: cf0 3- 7 ?!~7• 07 7 Property Owner's Name: Ma rk a a..-c( f2.aQ I Kc1 ~Zo N Property Owner's Address: 1 S`(o IVl-i,v_/dw L )f PJ-ut, /1/' 7N(y Phone: !2!J T' 72?5-U 2tl7 ■~t~~~~~\~~~~~~~~t~t~/t~~~~t~~~~~~~~~~~~~~\~/~~~~~~/~~~~\~~~~~~~~~~~~~/~~~~~t~~~{t~~~~~t~~\l~~~~~~R~■ REQUIRED SUBMITTALS (check those items which are included): mpleted application signed by the owner/applicant if Planned Development requested, include also: Copy of a deed with metes and bounds Four (4) copies of a preliminary site plan O Permission letter from owner D Copy of contract to purchase the property I have carefully read the complete application 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. ,p Signed: Lk~a Print Name: a S Date: •Sa • oa SWORN TO AND SUBSCRIBED BEFORE ME this GCERIVE J UN S ? 2009 FILED: BY ' EXHIBiT ~ '(?OG058 Address: A- S o ~ d-~✓ Phone Number: kU3• ,0Za7 Fax Number: 7~- 7de)~-Z of c161ic, Sfate of Texas ~ r JEANNA SCOTT 12/06 w u,~ ~ NOTARY PUBLIC STATE OF TEXAS hqy Commission Expires 01-26-2011 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. WARRANTY DEED (with Vendor's Lien) D ~l - 2~( 2 THE STATE OF TEXAS ) ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR ) THAT I, DOROTHY J. BANKHEAD, INDIVIDUALLY AND DOROTHY J. BANKHEAD AS INDEPENDENT EXECUTRIX OF THE ESTATE OF LEANDER JACK BANKHEAD, SR., (herein called "grantor"), of the County of Lamar, State of Texas, for and in consideration of the sum of Ten ($10.00) and more Dollars cash to me in hand paid by MARK EASLON AND WIFE, REGINA EASLON, receipt of which is hereby acknowledged; and One Hundred Twenty Thousand Seven Hundred and no/100 ($120,700.00) Dollars paid by GUARANTY BOND BANK - PARIS, Paris, Texas, for the grantee herein at his specia] instance and request, which sum of $120,700.00 is evidenced by note executed by grantee herein, payable to GUARANTY BOND BANK - PARIS as therein provided, secured by vendor's lien ~ st 'to Ty" son T. Atiston, Trustee, for the " rt herein retained and additionally secured by deed of tru benefit of the holder of said note. The vendor's lien herein retained is hereby transferred and assigned to GUARANTY BOND BANK - PARIS, Paris, Texas, and it is subrogated to all the rights thereto as if it was the original grantor herein; have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto -1- 068184-2009 Pages: 4 WD 03/30/2009 11:19:19 AM ;By: gretehenb Lamar Coun4.y, TX Kath Marlowe - Count Clerk ~ T OULtiSS ~ E. MARK EASLON AND WIFE, REGINA EASLON (herein called "grantee"), of the County of Lamar, State of Texas, where their mailing address is 2540 Meadow Lane, Paris, Texas 75462, all that certain tract or parcel of land in Lamar County, Texas described as follows: A part of the George W. Cox Survey, within the corporate limits of the City of Paris, being all of Lot Five (5) and 10.5 feet off of the West side of Lot Six (6) in Block One (1) of the Hayes Heights Addition; being further described in Exhibit "A" attached hereto and made a part hereof for all necessary purposes. T'he conveyance evidenced by this deed is made subject to the following, to the extent each affects the within described property or any part thereof: Easement and right of way to the State of Texas dated 11/21/47, recorded in Book 298, Page 458, Lamar County Deed Records. TO HAVE AND TO HOLD the within described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto MARK EASLON AND WIFE, REGINA EASLON, their heirs or assigns forever, and grantor hereby binds themselves, their heirs, executors, administrators, personal representatives, successors and assigns, to Warrant and Forever Defend, all and singular the within described property and premises unto MARK EASLON AND WIFE, REGINA EASLON, their heirs and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. BUT IT IS EXPRESSLY AGREED and stipulated that the vendor's lien is retained as aforesaid against the within described property, premises and improvements until the above described note, and all interest thereon, are fully paid according to its face and tenor, effect and reading, when this deed shall become absolute. WITNESS my hand this 27th day of March, 2009. -2- . UUCU6(; DOROTHY X fiANKHEAD, INDIVIDUALLY AND AS INDEPENDENT EXECUTRIX OF THE ESTATE OF LEANDER JACK BANKHEAD, SR. THE STATE OF TEXAS ) ) COiJNTY OF LAMAR ) t-THIS instrument was acknowledged before me on the ~~day of March, 2009, by DOROTHY J. BANKHEAD. ^ l~ DENISE MOFFITTn ~=2 Nntary Public ~ Notary Public, State of Texa STATE OF TEXAS My Commission x x r a f OF~,,, !);Yes 12/02/2009 ~ +YtlOOt 64S'UL.;.•C. ; , . , . . . . . . .nn.. . AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: Mark & Regina Easlon A. W. Clem, Attorney 2540 Meadow Lane c/o The Moore Law Firm, L.L.P. Paris, Texas 75462 100 N. Main, Paris, TX 75460-4222 -3- . 0 Uu 0 6.A". 1 , a1f that eemin traet or parea2 of land situated iti"Laaar Gonn~y;-'l~xis, and ciescribad +ta loZ7.oae, to-xtta S3tustad wlth:ln tha Corporate lisaits ef thm ciLy at Paxl,s, County af T.amar and 8tate o£ xaxss; a gart of ths Cieosqe W. Cox 9urvey and beinp a descslption of*aJ.]. c! Lot 5 and 10.5 fssti off tho west sidQ of Lot 6, 81pck i, ot the Hayea Seiphts.Additiatt, said Addition Aelaq duly teco.rdsd in the Plat ReCa=da of said County asd State BEGINNTYtfi st an iron pipe for corner lr th• Nosth eoundasy Line - oi T.amar Avenus, aaid point Deing 890 lset East ox r.b'R Eaat'saundary LinQ ot•30th NS, ~aid point for corirar beinq tha praseat southvast cornex of aaid T.ot 5; . THF.~tCE.Nortti a diatsnce 204 feet to an iran p.~st for carnsr ati ttse AorthWeat aasner of seid Lot,5; THENCE East at 100 iset beinq tha AortheasC corner of oafd Lot S. aontinnibq op a total'dfatance o£ 110.5 ioat to a stake for eorner.in th• North Bousdaxy Line of aaid Loe E; TttEtiCE'South a distanar ot 209 taat to a ataka £or cornes ia the Borth 8oundary Line a! Laapar Aveaae;' Tid£NCE Weat at 10.5 feat beinq the preaant BoctArsat-corssar of aaid Lot 6, contiauinp on a totil dlstaac+ o! 110.5 fseti to the place oF beqinninq, ths above Lield notaa beinq takem from an aetuaT•suswey - mede on the gzouna by N. A. 1►bbott. Seqirtered I'ubli.a Surveyor of Tcxaa, Aprii 15, 1966, SUSJECT to nll ssatrictive cove»ants, easemants and righta-o3.wav oi.Yeoard. , . : . , . > . . ,k._.~. ~ , HIBI~'~~A EX 44 Uu U! 0 6~ MEMORANDUM TO: Honorable Mayor and Members of the City Council of the City of Paris airman and Members of the Planning & Zoning Commissian FROM: h wn Napier, P.E., Director of Engineering, Planning and Development SUBJECT: Site Plan for 3051 Lamar Avenue DATE: June 29, 2009 I have reviewed the site plan of the above-subject property and recommend the following: 1. Label location and dimensions of all existing and proposed off-street parking areas including: location and dimensions of off-street stalls and label existing stalls. Provide a back up or turn around area for the two northern most parking spots. 2. Label location and size of water and sewer taps, water meter, and on-site utility lines and backflow devices. 3. More information is needed on the proposed drainage to be installed. Show the entire drainage area map. Provide a plan and profile of the storm sewer pipe. This plan should include existing and proposed gound level. Please include elevation information from the west side of Lot 6. Provide a detail of the proposed inlet at the north end of the storm sewer pipe and submit a proposed detail for a structure on the south side of the pipe to prevent erosion. cc: Kevin Carruth, City Manager W. Kent McIlyar, City Attorney n 000063 z w 11 ~g p~ a J~W ° ~ Z~aa ~ g~► to ~r t 4 s a. t a I ~J 9 E ~yp I I ~ ~ ~ ~ .f b NY011~4tl~V SS G b 'iIYF I ~ Z~ h N ~ I A 557 to ~ BSS---~J ~ Vaz ~ O~ /S O I 'M'D OLL AL'OK ` 3.Y1AO.OON ~ O d ~ ~WW W" kwm ( ak I 7 ( 3'N 1MU6 WOB 00006z ~ UUGU65 'I ~~~~x# ; • ~ ~ ~ ~ ~ ~f ~ ~ Ln ~ ~ . ~ ~ ~ 1 ~ . i j ~ yr Xt4¢'`'~f{ w ~ . i. ; . n~ ;3.,; , . . . ~ ~ . ~ w Me l) (1 l1066 . # # s - + r ~ti p4. ~ ~I + ~ h d . . hil., A,. ~ • ~ x ~ ~ ~ ~ ~ ~S f Ln ~ ~ x. ~ ~s 6 ~ .p 00V06 1