21-Zoning; Public HearingCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Depattment:
Presented By:
Agenda Item No.:
08/17/09
Planning & Zoning
Shawn Napier, P.E., Director of
Council Date:
Commission
Engineering, Planning and
21.
08/24/09
Develo ment
RECOMMENDED MOTION:
Not an action item - public hearing and first reading
PoLicY IssuE(s):
Zoning; Public Hearing
BACKGROUND:
CE1 Engineering Associates, Inc. (Kroger) has requested that the zoning on the property located on Lot
1, Block A, Kroger Addition, and located at 1310 Clarksville Street be changed from a General Retail
District (GR) to a General Retail District (GR) with a Specific Use Permit (49) Auto Fuel Sales. The
zoning change request is for the proposed gas station to be located in Northwest corner of the Kroger
parking lot. The Planning and Zoning Commission recoininended approval of this request.
Two people spoke in favor of the request.
Two people spoke in opposition to this request.
BOARD/COMMISSION RECOMMENDATION:
The Commission recommended approval of this request by a vote of 5-0.
E XHIBITS:
Ordinance, memo, location aerial, and site photo
ACTION:
BUDGET INFO:
❑ Financial Report
❑ Minute Order
Expense
$
❑ Department Report
❑ Resolution
Budgeted Amt
$
❑ Presentation ~ Ordinance
Y7'D Actual
$
~ Public Hearing ❑ Other
Acct Name
Acct Number
FrscAL NoTES:
REVIEWED AND APPROVED BY:
2 Administration Z City Clerk Z Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court Z Legal ❑ Library ❑ Police [D Eng./Public Works ❑ Utilities
City of Paris
ReAsed 2/04/08
20U
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: July 24, 2009
The following zoning change request will be presented at the Aug-ust 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:
CEI Engineering Associates, Inc. is requesting that the property located on Lot 1, Block A,
Kroger Addition, being number 1310 Clarksville Street, be rezoned froin a General Retail
District (GR) to a General Retail District (GR) with a Specific Use Permit (49) Auto Fuel
Sales. The Comprehensive Plan recommends that this property be zoned General Retail.
cc: Kevin Carruth, City Manager
W. Kent McIlyar, City Attomey
.,„..2Q 1
DRAFT
F:ALICE\ORDWORK\CURRENT\Zoning Ords -CEI Eng - 1310 Clarksville 8-24-09
ORDINANCE N0.
A1V ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS
HERETOFORE AMENDED, SO AS TO REZONE LOT 1, BLOCK A, KROGER
ADDITION, LOCATED AT 1310 CLARKSVILLE STREET, CITY OF PARIS, LAMAR
COUIVTY, TEXAS, FROM A GENERAL RETAIL DISTRICT (GR) TO A GENERAL
RETAIL DISTRICT (GR) WITH A SPECIFIC USE PERMIT (49) AUTO FUEL SALES,
DIRECTIIVG A CHANGE ACCORDINGLY IN THE OFFICIAL ZOIVING MAP OF THE
CITY; PROVIDING A REPEALER CLAUSE, A SAVI111GS 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 1, Block A, Kroger Addition, located at
1310 Clarksville Street City of Paris, Lamar County, Texas from a General Retail District to a
General Retail District (GR) with a Specific Use Permit (49) Auto Fuel Sales; 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 approve the requested zoning; and,
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.
1VOW, 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 1,
Block A, Kroger Addition, located at 1310 Clarksville Street City of Paris, Lamar County, Texas
from a General Retail District to a General Retail District (GR) with a Specific Use Permit (49)
Auto Fuel Sales, said property being more particularly described in Exhibit A attached hereto and
made a part hereof.
- r.- 20) 8
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 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 S. 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 municipaliry 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 Ciry 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 Ciry 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 24th day of August, 2009.
Jesse James Freelen, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
-209
ExHIBZT "A"
Page i . 4Uij;
Being a tract of land situated in the Larkin Rattan Suzvey
in the City of Paris, Lamar County, Texas, beinq Lot 16, Block
112, and being more particularly described as followar
eeginning at an iron rod in the east line of 16th Street,
eald point being 5020461w, 90 feet from the interaection of the
east line of 14th Street with the south line of Clarkaville Streat,
and being the southeast corner of Lot 17, elxk 1121
Thence S02°46'00"W 255 leet along the weat line of 14th
Street to an iron rod at the northeast corner o! Lot 25Ai
Thence S89043'00"W 323.00 feet along tha north line of Lota
25A, 25, 18, and 18A to an iron rod at the northveet corner of
Lot 18AI
Thence 500009'00"W 116.00 feet alonq tha west line of Lot
1811, aleo beinq along an existing vooden fence, to a point in
s 12 inch cottonaood tzee in the nozth right of way line of
Bhezman Stseet, snid point beinq tha oouthweat corner o! Lot 18At
Thenca S99043100" W 77.5 feet along the nozth line o! Sherman
Street to an iron rod nt the eoutheast oorner of Lot llt
Theace N00°16'DO"E 102.00 feet along the ea,t line o1 Lot
11 to an izon rod at the northeast corner of Lot 111
Thence N69044100`W 85.00 feet along the north line of Lots
11 and 10 to an izon rod at tha southeast corner of Lot ii
Thenee N00016100"E 239.00 feet along the east line o! Lot
7 and Lot 6 to an iron rod in the south line of Lot 151
Thence S69022122"E 12.14 feet alonq the south lina of LoL
15 to an iron rod at the southeast corner of Lot 15;
Thence N14028100"E 335.00 feet along the east line of Lot
15 to an iron rod in the south line of Clarksville 8treet, said
point being the northeast corner of Lot 15;
ThenCe 564013100"E 160.00 feet alonq the south line of
Clazksville Street to an "x" cut in concrete;
'Thence 563045100•& 149.00 feet alonq the south line o!
Clarksville Sereet to an iron zod at the norihwest corner oi Lot 17;
Thence 613°43'00"M 115.00 feet along the weat line ot Lot
17 to an "x' cut in conarote at the southweat corner of Lot 17s
Thance 86801710018 88.76 teet alonq th• south lino oi
Lot 17 to an iron rodt
Thsnco S820441000E 69.00 ioet along tHe south lins of Lot 17
to the Boint of Segiaain9, contairaing 207,141 squsrs feet or 4.7553
acres of land, mors or less. .
RP -985PAoE 269
Real P'roperty 985 Page 269
EXHIBITA..
m 1-- - 21 G
4()-1 -11
DEED WITHOUT WARRANTY
(Retaii #HP-366)
KNOW ALL MEN BY THESE PRESENTS, That ONE HOLDINGS, INC., a corporation, duly
organized and existing under the laws of the State of Delaware, as Grantor, with a mailing
address at 3870 Carew Tower, Cincinnati, Ohio 45202, Attention: Marylou Schooter, CT
Corporation Systems, for consideretion ot the sum of Ten Dolfars ($10.00) and other good
and valuable consideration, to be paid by Tho Kroger to., an Ohio corporation, (the
"Grantee") with a tax mailing address at 1014 Vine Street, Cincinnati, Ohio 45202,
Attention: Tax Department, has granted, sold and conveyed, and by these presents does
grant, sell and convey, unto the safd Grantee the real property described on Exhibit "A"
attached hereto and made a part hereof, subJect to Ifens; encumbrances; covenants;
condit(ons; restrictions; reservations (including mineral reservatbns) and easements of
record; easements, the existence of which can be escertained by visual inspedion; and
to taxes for the year 1997 and subsequent years; end the reservation and exception to
wartanty set torth below. Prior Deed Reference: Volume 129, Page 184 of the Records
of Lamer County, Texas.
TO HAVE AND TO HOLD the above described premises, together with all and
singular the rights and appuRenances thereto in anywise belonging unto the said Grantee,
and Grantee's successors and assigns forever.
Grantor, for the consideratlon and subject to the reservations from and exceptiona
to conveyance, conveys to Graniae the property wKhout express or implied warranty, end
ail warranties that might arise by common law and the warrenties in §5.023 of fhe Texas
property Code (or its succassor) are exduded.
IN WITNESS VYHEREOF, the said ONE HOLDINGS, INC. has ceuaed these
presents to be signed by fts duly authorized officers and to be sealed with the seal of the
carporatbn, at Cincinnatf, Ohb, effecthre the L& day of December,1998.
x ONE LDING INC.
~ ~ o w
o
~ o B
! Paul Heidman
~ G
Vice President
o~ x r~
Qo
ATTES7:
J
BYAI I~Muer -
Pamel
Assistant Secretery
STATE OF OHIO )
f.MW #°AL-95' R4 -985~~e 267
ow."
Real joperty 985 Pa9e 267
~
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COUNTY OF HAMILTON ) •
~ihe ipregp{ng instrument was aGviow~ed9ed before me this .~JR D_ day o~
by Paul Heldmen, Vice President of Or►e Fioldj"98, Inc., e De►aware ~
oorporation, on behaH oi tha corporedon.
IN yV17NEgg yVHEREOF 1 have hereunto set my hand end offlclal se81•
My commiss~Ion~,exv~RE :
Notsry VuDI1C SUte Of Ohb Notary--- ~
M Canmhslm fidm Nw 7. 1000 This Deed was prepared by, and when recobed should be retumed lo:
Mary Ann Schenk, Esq.
Frost & Jacobs
2500 PNC Center
201 E. Fffth Street
Cincinnati, Ohb 45202
598924.01
fxlNtY#DAL-957 RI -985~►~ 2,68
Ft&W .79
Real Property 985 Page 268
n ` - `2 1 u
CITY OF PARIS
COMMUNITY DEVELOPMENT DEPARTMENT
P. 0. Box 9037 a Paris, Texas 75461 ■ 903-784-9234
APPLICATION FOR ZONING CF6ANGE
TYPE OF ACTION REQUESTED: ❑ Zoning Change
Specific Use Permit ❑ Planned Development
PROPERTY INFORMATION:
Address: 1310 Clarksville Street, Paris TX
Name of Business or Building (if applicable): Kroger Fuel Station SW957
Lot 1 Block A
Current Zoning: GR
Subdivision Kr'oger Addition
What is the proposed use of the property?
Proposed Zoning:
Retail and fuel station
Describe the character and/or nature of uses of surrounding property.
General retail zone for the properties
W ill the re-zoned designation be compatible with the classification and use of adjoining lands? Yes / Ple
If No, how do you propose to reduce any adverse impact?
Is the tract unsuitable for uses permitted under the present zoning classification? Yes /iJo
If No, why are you requesting a change in the permitting uses? This is for SpeCif ic use permit
OWNER/APPLICANT INFORMATION: (If you are not the owner, a permission letter /rom the owner is required. H you are purchasing the property, a copy o/
the contract maybe usedln Ileu o/a permission letterONLYlFthe contracf provides that thepurchase Is contlngent upon the appllcant successfully obtaining a zoning
change.)
ApplicanYsName: CEI Engineering Associates, Inc. (Jeremy Yee)
ApplicanYsAddress: 3030 LBJ Freeway, Suite100, Dallas TX Phone:
Property Owner's Name:
The Kroger Co.
972-494-0360
1331 E. Airport Frwy, Irving, TX 75Phone: 972-785-6081/16
Property Owner's Address:
■~eee~use~~u~s~ee~~~u~sre~~~eei~~e~~ec■ee■ee~eosesese~a~eeoee~isos~~ee~~oeee■sesoe~escoee~~oooo~e■
REQUIRED SUBMITTALS (check those items which are included):
Z Completed appiication signed by the owner/applicant If Planned Development requested, include also:
Z Copy 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 application and know the same is true and correct. I hereby agree to comply with ali 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 properry or his
duly authorized agent.
Signed: Address: 3 03'O C~ ~icG-w< ofl N,4a,rkv'33 ~
Print Name: -t Phone Number:
Date: ~3 D Fax Nu J~-
SWORN TO AND SUBSCRIBED BEFORE ME this ~ day of mb , 20
~I IV W~ 1.. -
L ry Pu ic, St e of Texas
FILED: 12I06
BY:UgAQ~1`1 ,r, ...~~~..d..
SHARI LYNN GARLAND
o.~ Notary Public, State of Texas
My Commission Expires
March 02, 2011
2
For Office Us Only Request Number:
r,
Date Rcvd: r~ O*Ae Mtg Date: ~°i~+
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