Loading...
16-Zoning: Public HearingCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submitzal Date: Originating Department Presented By: Agenda Item No.: 08/17/09 Planning & Zoning Shawn Napier, P.E., Director of Council Date: Commission Engineering, Planning and 16. 08/24/09 Develo ment RECOMMENDED MOTION: Not an action item - public hearing and first reading POLICY ISSUE(S): Zoning; Public Hearing BACKGROUND: Ms. Pat Taylor has requested that the zoning on the property located at Lot 19, Block 8, Sperry Addition, and located at 2750 Bonham Street be changed from Single-Family Dwelling District No. 2 (SF-2) to a General Retail District (GR) in order to use a driveway for the existing beer barn. The Future Land Use Plan Map was denied therefore the Planning and Zoning Commission recotnmended denial of this request. No one spoke in favor of the request. No one spoke in opposition to this request. BOARD/COMMISSION RECOMMENDATION: The Commission recommended denial of this request by a vote of 5-0. E XHIBITS: Ordinance, memo, location aerial, and site photo ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Onder Expense $ ❑ Department Report ❑ Resolution Budgeted Amt, $ ❑ Presentation Z Ordinance yTD Actua1 $ Z Public Hearing ❑ Other ~ct Name Acct Number FtscAL NoTES: REVIEWED AND APPROVED BY: ~ Administration 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 . -ln~ MEMORANDUM TO: Chairman and Members of the Plaruiing and Zoning Commission Honorable Mayor and Members of the City Council FROM: Planning and Development Department SUBJECT: Zoning Change Requests DATE: July 24, 2009 The following zoning change request will be presented at the August 3, 2009, meeting of the Planning and Zoning Commission and the August 24, 2009, meeting of the City Council of the City of Paris for consideration: 1. Pat Taylor is requesting that the property located on Lot 19, Block 8, Sperry Addition, being number 2750 Bonham Street, be rezoned from a Single Family Dwelling District No. 2(SF-2) to a General Retail District (GR). The Coinprehensive Plan recoininends 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 ~ _ DRAFT F:ALICE\ORDWORK\CURRENT\Zoning Ords -Taylor 2750 Bonham 8-24-09 ORDINANCE N0. 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 19, BLOCK 8, SPERRY ADDITION, LOCATED AT 2750 BONHAM STREET CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A SINGLE-FAMILY DWELLING DISTRICT NO. 2(SF-2) TO A GENERAL RETAIL DISTRICT (GR) DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A PENALTY 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 19, Block 8, Sperry Addition, located at 2750 Bonham Street City of Paris, Lamar County, Texas from a Single-Family Dwelling District No. 2(SF-2) to a General Retail District (GR); and, WHEREAS, on August 3, 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 deny said proposed zoning change, thereby requiring a three-quarter (3/4) majority vote of the City Council to approve the rezoning of the property; WHEREAS, on August 24, 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, safety, and welfare of the citizens of the City of Paris and approved the rezoning of the property from Single-Family Dwelling District No. 2(SF-2) to a General Retail District (GR) by a 3/4 majority vote of ayes and nays. 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 19 Block 8, Sperry Addition, located at 2750 Bonham Street, City of Paris, Lamar County, Texas, from a Single-Family District No. 2(SF-2) to a General Retail District (GR), said properry 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. Section 4. That all provisions of the ordinances of the Ciry of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the Ciry 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 penalry 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 B. That the City Council voted by a supermajoriry 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 24th day of August, 2009. Jesse James Freelen, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney 0 - ....107 P- k C3 1 ~i~3~~~~~'s~-~6 4~ f~ I~6'' ~ '2 EXHIB(T A A part of the ASA JARMAN SURVEY wifhin the corporate lirnits of the Ciry of Paris, snd being Lots No. 19 and 23, the East half of Lot No. 22, and the Wcst haif of Lot No. 24, ell in Block No. 8 of the SPFRRY A.DDT3'TON to the City of Pszis, acoordimg to plat of such Addition oFrecord in Book Pagc 15, Laznar County PI&t KecOrds; deschbed by mctcs atld bounds as follows: Camrncncing at a potnt 24 feet South of tkze NE comer of Block No. 14 afthe Sperry Additton, this point bcing also 20 feet South of the NE corner ofthe Bcrry I4-acrc tract of iaiad, and the lands and pretnises hcrein convcyed described as fo(1ows: BEGINND4G at apo[nt in the NB linc of U.S. HighWay $Z, OId Borthgm Road, this point being 175 feet Vdest of the SE corner of Block No. 3, and in the ccricer ok"thr- SB line of T.ot No. 24 in 81ock No, 8 above mentioned; TEiENCE NORTH 200 :Fect, a stake in the S$ linc of Lot No. 28 in Block No. 8; THENCE WEST 25 fcet, a stake at the SE comer of i,ot No_ 19 abovc mentioned; TiENCt NORTH 50 fcat, a stake at the corumon corner of Lots No. 18, 19, 28 and 29 in said Biook No. 8; 1 FIENCE WEST 200 feet, a stake in the FB line of Park, Avcnue, at the commoii comer of Lou No, 18 And 19; T}iHNCE 50LT'P14 with the F-B linc of Park Avenue 50 fcct, a stakc st the corttmon corner flf Lots No. 19 and 20 in r,aid B]ockNO. 8; THENGE EAST 125 fr.ct, s stake in the centcr of the N$ line of I.ot No. 22 in Block No. 8; TUENCE 50UTH with sAid ccnter line 204 feet, a stake in the NB lipe of U_S_ Highway 82; TILCNCE EAST with the NB iine of U.S. Highway 82 a distancc of 100 feet W the place af beginhing, alid boing the sartae propezty deseribcd in detd to Ray Spencer.dstcd August 12,2002, of record in Book 1226, Pagc 0194, Lam.ar Caunty Rea1 Praperty Rccords; reference bcing made to all the ebove rpentioncd instxurnents and records for ail neccssary purposes; COUNTY GLERK'S MEM0: PORTIONS OF THiS DOCUMEM' ARE NOT RE?RODUCfSLE VVMEN RCCORDED - --`1e6 I----- - =I_ ~ o :D O ° CO 'n EAST 125.00' WEST 200.00' WEST 25.00' 210 0 2 I- o a ~ ~ O o oI0 ~ EAST 100.00' Z ~ ~ ~J ~ J ~ rv~ ~ o = o ~ ~ 0 0 ~ z 0 - - - 1 C~ li, COWiWiUiqITY DEVELOPfdENT DERARTMENT P. 0. Box 9037 r, Paris, Texas 75469 L 903-764-3234 AFPL6CATlON FQR ZONrNG CHANGE Tl'PE OF ACTIOP! REGIUESTED: CI"Zoning Change Speciflc Use Permit ❑ Planned Development PROPERTY INFORMATlON: Address For Office Use nly Request Number: Date Rcvd: ~i; r,-5 Mtg Date: 9C)~ ❑ Name of Business or Building (if applicable): r)¢!-rft lFJ /S / 1C--~ E)(R'iy\~ Lot Block Subdivision u'l-a' w t 4L~ Current Zoning: Proposed Zoning:__ What is the proposed use of the property? R) ' Describe the character and/or nature of uses of surrounding property. ( Will the re-zoned designation be compatible with the classification and use of adjoining lan s? Yes o If No, how_do you propose to reduce any adverse impact? Is the tract unsuitable for uses permitted under the present zoning classification Yes No If No, why are you requesting a change in the permitting uses? OWRER/P.PPLICANT INFORMATION: (i7 you are notthe owner, a permissIon letter irom the owner Is requlred. u you are purchasing the property, a copy of the contracf may be used In lJq\u ofa permisslonlefterONLY fF the contractprovldes thaf fhe purchase 7s conUngenl upon the epp/lcantsuccessfully obtafning a zoning change.) ~ \ • . A ~ ApplicanYs Name: Applicant'sAddress• Property Owner's Name: ..L PropertyOwner's Address: 56 S~ Fo~IRED SUBMITTALS (check those items which are included): pleted application signed by the ownerlapplicant py of a deed with metes and bounds ❑ Permission letter from owner O Copy of contract to purchase the property Phone: TTW~U Phone: I lt~-!5 ~ec~erc~ccc~r~rdcccrc S-- cacecccceco~sr.cacEe If Planned Development requested, include also: ❑ Four (4) copies of a preliminary site plan I have carefully read the complete application and know the same is true and correct. I hereby agree to compiy with all provisions of local, State, and Federal Laws wiii be complied with, whether herein specified or not. I certify that I am the owner of the a ove property or his duly auth ' ed agent. Signed: x Address: Print Name: Phone Number. e~- L Date: Fax Number: - SWORN TO AND SUBSCRIBED BEFORE ME this ~C) 1day of 200 ~ ~ L FILED: ~ r d <<.~, E~~kprE~ BY: ~ ~ E YS ry Public, State of Teza ~ ` c~ . ~ • . pUB(/C'12~06 ~ ~ • ~ N ~ . 0 X _ _ A< ~ SjA TE O~ j 1 ~ 1 W W ~ M1~ N Al F. ~ } a _s 0 m O Ln ~ N W r-i 4}1 tif Ai- . ! , ~ < ~ , +ee ` e ~ ~ go -1-I ILd tl~, . . r~ ~ r-i ~ T. r,: I - -11~~ ~ r y~ p A. = i , ~ ~ ~ 1 ~ ~ ~ + ! • + j J + i W LLJ ~ ~ N ~ ~ ~ z O co O L/ ~ N ~ 1-.~ ~ •'e~.;'.~'3i +'A ~ } ~ r v rf!'.. ~ p , T* Y .e • 4 d + ` ? v 1 t f s 4 ~ + l y g = ~,.4 . i' . t ~F '