12-Zoning change on the property located at 2232 SimpsonCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
10/20/09
Planning & Zoning
Shawn Napier, P.E., Director of
Council Date:
Commission
Engineering, Planning and
12.
10/26/09
Develo ment
RECOMMENDED MOTION:
Move to approve an ordinance changing zoning for property located on Lots 12 and 13, Block 1,
Stellrose Addition, from Single Family Dwelling District No. 2(SF-2) to Multiple Family Dwelling
District No. 2(MF-2) located at 2232 Simpson Street.
POLICY ISSUE(S):
Zoning; Public Hearing
BACKGROUND:
Frances Russell Wells has requested that the zoning on the property located on Lots 12 and 13, Block 1,
Stellrose Addition, from Single Family Dwelling District No. 2(SF-2) to Multiple Family Dwelling
District No. 2(MF-2) located at 2232 Simpson Street. The zoning change request is for the proposed
duplex to be located on this property. The Planning and Zoning Commission recommended approval of
this request.
One person spoke in favor of the request.
No one spoke in opposition to this request.
BOARD/COMMISSION RECOMMENDATION:
The Commission recommended approval of this request by a vote of 6-0.
EXHIBITS:
Ordinance, memo, location aerial, and site photo
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Order
Expense
$
❑ Department Report ❑ Resolution
Budgeted Amt.
$
F~ Presentation ~ Ordinance
yTD Actual
$
~ Public Hearing ❑ Other
Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
Z Administration Z City Clerk M Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court Z Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities
City of Paris
Revised 2/04/08
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D RAFT
ATTORNEY\ORDWORK\CURRENT\Zoning Ord - Frances R Wells - 2232 Simpson St 2009
ORDINANCE N0.
AN 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 LOTS 12 AND 13,
BLOCK 1, STELLROSE ADDITION, 2232 SIMPSON STREET, CITY OF
PARIS, LAMAR COUNTY, TEXAS, FROM A ONE-FAMILY DWELLING
DISTRICT NO. 2(SF-2) TO A MULTIPLE-FAMILY DWELLIIVG DISTRICT
NO. 2(MF-2) 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 Lots 12 & 13, Block 1,
Stellrose Addition, 2232 Simpson Street, City of Paris, Lamar County, Texas from a One-
Family Dwelling District No. 2(SF-2) to a Multiple-Family Dwelling District No. 2(MF-2);
and,
WHEREAS, on October 5, 2009, following notice and publication as required by law,
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 October 26, 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 Ciry 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.
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 Ciry of Paris, Texas and Zoning
Ordinance No. 1710 of the City of Paris as heretofore amended is hereby further amended
to rezone Lots 12 and 13, Block 1, Stellrose Addition, 2232 Simpson Street, City of Paris,
Lamar County, Texas, from a One-Family Dwelling District No. 2(SF-2) to a Multiple-Family
Dwelling District No. 2(MF-2), said property being more particularly described in Exhibit A
attached hereto and made a part hereof.
60
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 Ciry 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 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 26th day of October, 2009.
Jesse James Freelen, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
. w ~ ~ ~
WAP R.AN'I`Y DEE D
Date: August 2009
Grantor: FIZANCE5 RUSSELL WELLS
Grantor's Mailing Address (including county)
4000 Stillhouse Road
Paris, Lamar Countv, Tevas 75462
Grantee: DAN40N RUSSELL WELLS
Grantee's 141ailing Address (including county)
1803 Burke S.E.
Washington; D.C. 20003
Consideratian: TEN andNO/ ] 00 DOLLARS W0.00) arzd othergood and valuable consideration, the receipt
of n-hich is hereby acknov~ ledged.
Property (including any improvemcnis):
Situated in Lanar Count}, Texas, and described as follows, to--wit:
A part of the Georee W. Cox Survey being West 70 feet of Lots 12 and 13, Block t of the
Stellrose Addition to the Citv of Paris;
Being the same property coirunonly known as 2232 Snnpson Street, Paris. Texas.
Reservations from and Exceptions to Conveyance and Warranty: This conveyance is made and
accepted subject to any .ind all restrictions, covenants, conditions; easements, nghts of Nvay aiid reservations
of record in the hercuiabove mentioned county and state, if any, applicable to the herein conveyed property or
any part thereof.
TH1S DOCUMENT WAS PftEPAKED WITHOUT t3ENEFIT OF TITLE EXANIINATION.
Grantor, f'or tiie consideration and subject to the reservations from and exceptions to conveyance and
warranty, granLs, gii es, and conve_ys to Grantce all my right, title and interest in [he property, together with
all and singular the nghts and appurtenances thereto in any wise belonginb, to have and hold it to Grantee.
Grantee`s heirs, executors, administrators, successors, or assigns forever. Grantorbinds Grantor and Grantor's
lieirs, executors, adnunistrators, and successors, to Nvarrant :uid forever defend alt and singular the property
to Grantee and Grantee's heirs, executors, administrators_ successors, and assigns against every pcrson
whonisoever la«-fvlly claiming or to cJaim the same orany part thereof, except as to the reservations from and
w,~-tta.~NTr nFtD - Pace 1 072109-2009 Pa,ges : 7
08/21/2009 04:26:27 PM WD
Lamar County, TX BY: 9retchenb
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EXHIB(T A
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072109-2009 08/21 /2009 04:2627 PM Page 2 of 2
exceptions to convevance and warrant~ .
When tlie context requires, singular nouns and pronouns include die plural.
EXECUTGD this cQ Iday of August 2009.
FK..ANCES RUSSELL WbLLS
(Acknowledgment)
STATE OP TEXAS
COUNTY OF LAMAR
This instrument was acknowlcdged before me on klie day of August 2009, by FRANCES
RUSSELL WCLLS.
' TOMA M. HOBBS
. ~ • NOTARY PUBtIG ,
STArE OF iEXAS
Mf' Conm E~s. 3✓2/1010
AFTLR RECORDING RETURN TO:
Damon Russell Wells
1803 Burke S.F.
Washington, D.C.20003
WA►ikAr•rv oc;en. P.+ce:
Notary Public, State of Texas
PREP.4RED IN THE LAW OFFICE OF:
EDWARD D. EI.LIS
101 W. Houston
Paris. Texas 75460
S?ATE 0F TEXAS
COUNTY OF LA~,4F,R
THIS IS TO CERTIFY THAT THE
FOREGOWG IS A TRUE AND CORRECT
COPY OF THE DOCUMENT ON FILE IN
h1Y OFFICE. WITN~SS Y~ O~D 2Cf-~ AND
OrFlf' "L S TH1S d~y~of
' - .
KATHY M RLOWE, COU CLERK
66
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CITY QF PARIS
COhPcWiUNITY DEVELOPN6ENT DEPARTAAENT
P. O. Box 9037 r Paris, Texas 75461 c 903-784-9234
AFPLICATION FOR ZONING CFii4NGE
For Office Use Only Request Number.
Date Rcvd Date.
TYPE OF ACTION REQUESTED: ~t Zoning Change
Specific Use Permit ❑ Planned Developrrlent
PROPERTY INFORMATIOPI:
Address: ~ ~ 3
Name of Business or Building (it applicable):
lot Block Subdivisio
, A
Is the tract unsuitable for uses permiried under the present
No, whypre you requesting a change in the permitting uses?
❑
No
.
~ _~C..~ ~
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OWNER/APPLICAPlT INFORMATION: of you e.e n~ o~ he owner, a permisslon lettei Ir Ihe owner fs requlred. I/ you e purchaaing the properfy, a copy o/
tbe contract may be used In lleu ola permission letterONL/Y~IF the contracf provides thaf the p ese !s rontingenf upon the appllcant success/ulty obtalning e zonin/~g
change.) A /
/ / ~ / ~ 1., ~
Applicant's Name: n`/L-f", -'71
Applicant'sAddress: 4000
Property Owner's Name: 1~
//1 i
e."' ---3,_J v ~ -
~,./l-~ 70 3-
D ~ -
1 ~
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c/
38
e: E
1$03 ~cP oh° ~03
Property Owner's Address: U s, E
~[LLL~LEE[LlLi~[t!~[6~~LL~F E[[~~±kE~E~Et[[ELClE~R[~l~[ti[[■.C6tv E[ie~~[~iCtELt<CF.iiEiE~EEE~CiE[EiC!'EE
REQUIRED SUBWi1TTALS (check those items which are included):
Completed application signed by the owner/applicant If Planned Development requested, include also:
opy of a deed with metes and bounds ❑ Four (4) copies of a preliminary site plan
kermission letter from owner
-'!Z'Copy ot contract to purchase the property (/J,
I have carefully read the complete application and know the same is true and correct. i~ereby agree to comply with all provisions of local,
State, and Federal Laws will b2compli ith,whether herein sp cified or not. I certi that I am the owner of the above property or his Sduly authori agent. ddress
'Lloo 0 Signed: Print Name: Fr r, s e S Phone Number: 3-
Date: i Fax Number:
SWORN TO AND SUBSCRIBED BEFORE WfE this ! day ot
c
~e Notary Pubiic, State o Texas
V' V E
FILED:
BY:
12/06
TONIA M. HOBBS
h1OTaRY PUBL.IC
„ STATE OF TEXlS
» My Comm. Ekps. 311l1010
6g
~
If No, how do you propose to reduce any adverse impact?
MEMORANDUM
TO: Chairman and Members of the Planning and Zoning Commission
Honorable Mayor and Members of the City Council
FROM: Planning and Developinent Department
SUBJECT: Zoning Change Requests
DATE: September 28, 2009
The following zoning change request will be presented at the October 5, 2009, meeting of
the Planning and Zoning Commission and the October 26, 2009, meeting of the City Council of the
City of Paris for consideration:
Frances Russell Wells is requesting that the property located on Lots ] 2 and 13, Block
1, Stellrose Addition, being number 2232 Simpson Street, be rezoned from a Single
Fainily Dwelling District No. 2(SF-2) to a Multiple Family Dwelling District No.
2(MF-2). The Comprehensive Plan recommends that this property be zoned Low
Density Residential.
cc: Kevin Carruth, City Manager
W. Kent McIlyar, City Attorney
69
MEMORANDUM
TO: Chairman and Members of the Planning and Zoning Commission
Honorable Mayor and Members of the City Council
FROM: Planning and Development Deparhnent
SUBJECT: Zoning Change Requests
DATE: September 28, 2009
The following zoning change request will be presented at the October 5, 2009, meeting of
the Planning and Zoning Commission and the October 26, 2009, meeting of the City Council of the
City of Paris for consideration:
Frances Russell Wells is requesting that the property located on Lots 12 and 13, Block
1, Stellrose Addition, being number 2232 Simpson Street, be rezoned from a Single
Family Dwelling District No. 2(SF-2) to a Multiple Family Dwelling District No.
2(MF-2). The Comprehensive Plan recommends that this property be zoned Low
Density Residential.
cc: Kevin Carruth, City Manager
W. Kent McIlyar, City Attorney
~ 70
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