Loading...
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 . b~ 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 J~r1111~II~~kyILII~IfIt~IfllUt~1(II~lDlll~l~li(11~111Llltt EXHIB(T A _ ~ fj J 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 V/jUUL/VU1 ~ ~ C U m ~ « o > ~ ~ N I i a > ~ i o d i E I v m c E ~ ~ ~ v o ~ r ' I « ~ N 3 > ° ~ I ~ M olf U1 C a y- N~ `~I p m ` mp Z , > v ~ o ~ c X D ~ .L.. G Cj ° ~u ' > D O J t 3 E d ~ Q ~ H ~ y ~ p ❑ (n C ~ . ~ N > C ~ V ~ L a W 0 O N Q ~ L ~o ~ O aj A C N > N a ~ « ~ m J C O y ~ y m L ~ ' p t C u m E c w r o o v - ~ O o~ ¢ U u O O ~ = Q o Ci r`n'S Z ow ¢m~ ~aE a~ o~ z 61 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..~ ~ ~ - 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 ~ ~ 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 . r. w r. . ~ _ ` ` / ~