10-Requesting a zoning change on Lot 2, City Block 308CITY 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.
08/10/09
Develo ment
RECOMMENDED MOTION:
Second reading - move to approve a change in zoning from a Single Family Dwelling District No. 2
(SF-2) to a Planned Development District (PD-b) Housing Development or Community Unit
Development on Lot 2, City Block 308, being number 1500 West Washington.
POLICY ISSUE(S):
Zoning
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:
❑ Financial Report ❑ Minute Order
Expense
$
❑ Department Report ❑ Resolution
Budgeted Amt.
$
❑ Presentation Z Ordinance
❑ P
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$
u
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Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
Z Administtation Z 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
Chamy Investments
REAL ESTATE
August 1, 2009
Mr. Jessie James Freelen
Mayor- City of Paris
135 SE 1St Street
Paris, TX 75460
RE: Request For Zoning Change - 1500 W. Washington
Mayor Freelen:
2128 L. Don Dodson
Bedford, Texas 76021
(817) 285-6315
(817)285-7157(Fax)
j chamv6d,chamyinvestments. com
Please accept this letter, in lieu of my appearance on behalf of SumTex Partners, Inc. for the
re-zoning of Lot 2, City Block 308 (1500 W. Washington) from Single Family District No. 2 to
a Planned Development District (PD-b) housing development for the purpose of constructing a
seniar (55 and older) apartment complex.
A scheduling conflict, long in planning, will preclude my appearance or even that of my
apartment manager, Ms. Martha LaRue, from appearing before The Council, to speak in favor of
this zoning change on August 10, 2009.
Please consider this letter as my endorsement of this proposed change.
Yours very truly
SumTex Partners, Inc.
Joe Chamy- President
JGl
Cc: Mayor Pro-Tem Joe McCarthy
Councilman Will Biard
Councilman Kevin Kear
Councilman Edwin Pickle
Councilman Steve Brown
Councilman Rhonda Rogers
City Manager Kevin Carruth
City Attorney Kent McIlyar
Dir. Of Engineering Shawn Napier
DevelopmenL Construction. Management. Investments
ORDINANCE N0.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING ZONING ORDIIVANCE NO. 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 DWELLING DISTRICT (SF-2) TO A
PLANIVED 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, AND 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, City
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 Future Land Use Plan of the City 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 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 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.
a - - 8
Section 3. that the zoning herein granted is conditioned upon the submission of a
comprehensive Site Plan in accordance with 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 S. 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. Introduced and read on first reading on July 27, 2009, at a regular
meeting of the City Council of the City of Paris and read and passed on second reading on
August 10, 2009, at a regular meeting of the City Council of the City of Paris; the same being
two (2) separate regular meetings of the City Council of the City of Paris.
Section 10. That this ordinance shall become effective from and after its passage of
the second 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 10th day of August, 2009.
Jesse James Freelen, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
- 8(,)
' `CITY OF PARIS
~ COMMUNITY DEVELOPMENT DEPARTMENT
' P. 0. Box 9037 ■ Paris, Texas 75461 ■ 903-784-9234
For Office Use Only Request Num~r: \
APPLICi~T'ION FOR Z.^~~IlhC CF~R,.r'sE Date RcvdS~~c Mtg Date:
TYPE OF ACTION REQUESTED: ❑ Zonina Cbange.__
Soecific Use Permit 5( Pianned Development
PROPERTY INFORMATION: `S00 ~
Address: W \N,a- 5 1-3't N [a-- J i
Name of Business or Building (if applicable):
Lot 2- Block 300 Subdivisio n
Current Zoning:
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Abs•~ 9''T9
Proposed Zoning:, Fb~ ~
re-))
.f 'legal - t I- A 4-fiA 1 - - - i
What is the proposed use of the property? ' ` - lu
Describe the character and/or nature of uses of surrounding property. EAST oVTrA-c"~'M [AYisRet~~L►N+e„} y, 144~' ~~i. b
. _ . . - ~ - - , / c... 2vnteC P(A►+n~~1-D~rcl~~n-f ,A~~.~►.ncrri-Si Z~~.( I~~2K~+c.! _
Will the re-zoned designation be compatible with the classification and use of adjoining lands? e/ No
If No, how do you propose to reduce any adverse impact? _S4~Q
Is the tract unsuitabte for uses permitted under the present zoning ciassification? Yes /(0
If No, why are you requesting a change in the permitting uses? V, Eyj,5Es,r ~ s-r'o '7Eyf tE Lo P~'7 t~t T Igo nJ A-1
~Em DT4 M11"T1 F7f4 A4 i L,4 5I To D SIN4
OWNERIAPPLICANT INFORMATION: (if you are not the owner, a permission /etter /rom fhe owner fs iequlred. 1/you are purchasing the property, a aopy ot
the contract may be usedln I/eu of a permisslon /etterONLY IFlhe contract provldes tAat the purchase /s contingent upon the applicant success/ully obfa(ning a zoning
change.)
Applicant's Name: ►.~'TE,.a. TA,4r~ =,-jG W ~ c-, E F- i-* C -VIA es .
ApplicanYs Address: 2., k Z. ~~o n1 ~dj? ",,J :??612Fod ~~~~Phone: 4'S l'I ~Z SS -~31 S 2'S-~ ~
Property Owner's Name: !52:t:~ L'
Properry Owner's Address: D§nl ~DoG~So ~I ~O~oCn~X'I6 0 ZI Phone: 1 2e' .4.11
■■~~■■~~~■~~■■~■~~■i~~~i~~~■~■~~~~■~~~■~■■~~~■
REQUIRED SUBMITTALS (check those items which are included):
RT,ompleted application signed by the owner/applicant If P~anned Development requested, include also:
5i-Copy of a deed with metes and bounds 2'Four (4) copies of a preliminary site plan
❑ Permission letter from owner
❑ Copy of contract to purchase the property
I have carefully read omplete a ication and know the same is true and correct. I hereby agree to comply with all provisions of local,
State, and Federa aw will ied with whe~th,er hgSein specified or not. I certify that I am the owner of the above property or his
dulyauthorized ent.
e
Si ed: ~~~i• Address: ZI2- 6 L, I " rw,,,i
P int Name: Phone Number: -
te: Fax Number: -
SWORN TO AND SUBSCRIBED BEFORE ME this -0-L day of u
E~✓GIVI ry ubiic, tate exas
A
12/06
FILED:
sY.
=loa"+►r%"~ JQDI R IANE
Notary Public, State of Texas
My Commission Expires
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Aptll 02, 2011
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Scale: 1" = 200`
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Property Description
Tract 1
Situated within the Corporate Limits of the City ofParis, 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° 50' 50" West a distance of 304.87 feet to the place of
beginning, and containing 11.265 acres of land.
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APEX ARCHITECTURAL DESIGNERS
2128 L DON DODSON DRIVE
BEDFORD, TX 96021
(817) 285-6315
w ' - ` 96
MTO: Chainnan and Members of the Planning and Zoning Commission
Honorable Mayor and Members of the City Council
FROIVI: Planning and Development Deparhnent
SUB3ECT: Zoning Change Requests
DA'FE: June 24, 2009
The following zoning change request 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:
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 recominends 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 Mcllyar, City Attorney
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