13-petition for achange in zoning for property located at 1180 19th St N.W.CITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
10/19/09
Planning & Zoning
Shawn Napier, P.E., Director of
Council Date:
Commission
Engineering, Planning and
13.
10/26/09
Develo ment
RECOMMENDED MOTION:
Move to approve an ordinance changing zoning for property located on Lot 3, City Block 235, from
Single Family Dwelling District No. 3(SF-3) to Commercial District (C) located at 1180 19"' Street
N.W.
POLICY ISSUE(S):
Zoning; Public Hearing
BACKGROUND:
Bobby R. Jones has requested that the zoning on the property located on Lot 3, City Block 235, from
Single Family Dwelling District No. 3(SF-3) to Commercial District (C) located at 1180 19th Street
N.W. The zoning change request is for the proposed car lot 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.
$
❑ Presentation Z Ordinance
yTD Actual
$
Z Public Hearing ❑ Other
Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
Z Administration Z City Clerk 0 Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court Z Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities
City of Paris Revised 2/04/08
D RAFT
ATTORNEY\ORDWORK\CURRENT\Zoning Ord - Bobby R. Jones - 1180 19th NW
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMEIVDING ZOIVING ORDINANCE NO. 1710 OF THE CITY OF PARIS,
TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE LOT 3, CITY
BLOCK 235, 1180 19th NW STREET, CITY OF PARIS, LAMAR COUNTY,
TEXAS, FROM A ONE-FAMILY DWELLING DISTRICT NO. 3(SF-3) TO A
COMMERCIAL DISTRICT (C) DIRECTING A CHANGE ACCORDINGLY IN
THE OFFICIAL ZONIIVG 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 3, City Block 235,
1180 19th NW Street, City of Paris, Lamar County, Texas from a One-Family Dw3elling
District No. 3(SF-3) to a Commercial District (C); 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 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.
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 3, City Block 258, 1180 19th NW Street, City of Paris, Lamar County, Texas,
from a One-Family Dwelling District No. 3(SF-3) to a Commercial District (C), said property
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.
. 7 5
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 City 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 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 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 26th day of October, 2009.
Jesse James Freelen, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
1001"~ - - 76
Notice oT confidentiality rights: If you are a natural person, you may remove or strikc any or all of the following information from an)
instrument that transfers an interest in real property before it is filed for record in the public records: your social security number or your
driver's license number.
SHERIFF'S TAX DEED
(TAX RESALE)
STATE OF TEXAS X
X KNOW ALL MEN BY THESE PRESENTS
.!'..vUT`TV 0 F LA M AR X
That whereas, by virtue of a resolution of the City of Paris, Trustee, Lamar County, Texas, and pursuant
to Section 34.05 (c) of the Texas Property Tax Code, I, B. J. McCoy, Sheriff of Lamar County did advertise the
below described property by giving public notice to the time and place of said sale by an advertisement in the
English language, published once a week for three (3) consecutive weeks preceding such sale, the first publication
appearing not less that (20) days immediately preceding the day of sale, beginning on July 5, 2009, in The Paris
News, a newspaper published in the county of Lamar stating in said advertisement the time and place of sale, a
description of the property to be sold, the suit under which the property was sold at the tax foreclosure sale, and
the date of the tax foreclosure sale, and on the first Tuesday in August, 2009, beginning at 2:00 p.m., sold and
hereinafter described land or lots at public venue, at the Eastside Steps of the Courthouse in Paris, Texas, at which
sale the premises hereafter described were struck off to
BOBBY R. JONES
3066 FM 2820
SUMNER, TX 75486
for the sum of $1,100.00, he being the highest bidder therefor, and that being the highest bid for the same, NOW,
THEREFORE, in consideration of the premises aforesaid, and of the payment of the aforesaid sum, the receipt of
which is hereby acknowledged, l, as Sheriff aforesaid, have Granted, Sold, and Conveyed, and by these presents
do Grant, Sell, and Convey unto the said grantee all of the estate, right, title, and interest of the City of Paris,
Trustee, and all other taxing units interested in the tax foreclosure judgment of that certain suit, Cause No. 72828,
Lamar County Appraisal District vs. Floyd Bunch, against the property herein conveyed, acquired by tax
foreclosure sale heretofore held, said property being located in Lamar County, and described as follows:
0.15 ACRE, MORE OR LESS, BEING A PORTION OF BLOCK 235, ORIGINAL TOWNSITE, CITY
OF PARIS, LAMAR COUNTY, TEXAS, AS DESCRIBED IN FIRST TRACT IN DEED DATED
NOVEMBER 10, 1988 FROM ETHEL WHITE TO FLOYD BUNCH, RECORDED IN VOLUME 57,
PAGE 308, REAL PROPERTY RECORDS OF LAMAR COUNTY, TEXAS (ACCT 417776 PARIS ISD,
CITY OF PARIS, PARIS JR. COLLEGE & LAMAR CO.)
TO HAVE AND TO HOLD the above described premises, together with all and singular the rights,
privileges, and appurtenances thereto in any manner belonging unto the said grantee, his heirs and assigns forever,
so that neither the grantor, nor any other taxing unit interested in said tax foreciosure judgment, nor any person
claiming under it and them, shall at any time hereafter have, claim or demand any right or title to the aforesaid
premises or appurtenances, or any part thereof, as fully and absolute as Sheriff aforesaid, can convey by Section
34.05 (c);
071979-2009 Pages: 2 DS
08/19/2009 10:59:20 RM By: gretchenb
Lamar County, TX
Ka4.h Marlowe - County Clerk
I IIIIIII hil 1111111 Iilllll IIIIII illl 11111111111111111111111111111111
EXHIBIT g ~
MW v V 7I
Taxes for the present year are to be paid by grantee(s) herein.
This conveyance is made expressly subject to recorded restrictive covenants running with the land, and
valid easements of record as of the date of this sale, if such covenants or easements were recorded prior to January
1 of the year the tax lien(s) arose.
Conveyance of the property herein is made "as is" and grantors make no warranty or representation as to
the property's condition, suitability for any use, and property's location.
tN TESTIMO Y WHEREOF ~the City of Paris, Trustee has caused these presents to be executed this
day of v S 2009.
City of Paris, Trustee
BY:
A, -~j:~-
B. J. McCoy, Sheriff
Lamar County, Teaas
BY: ~ ~
Deputy She ' f
STATE OF TEXAS X
COUNTY OF LAMAR X
This instr ment was acknowledged before me on this ~ day of , 2009,
by Sheriff/Deputy Sheriff of Lamar County.
, Notary Public, State of Texas
C'emmissior. Expires:
Aftcr recording return to:
Bobby R. Jones
3066 FM 2820
Sumner, TX 75486
Ui:Uran FoncrUamarVTas Salc - RSdeeds-1009\72ri28torcm1deer»-Ciry-B. loncs.doc\08l17/09 113 PM
+.a 78
CITY OF PARIS
COMRFUNITY DEVELOPMENT DEPARTMENT
P. O. Box 9037 c Paris, Texas 75461 n 903-784-9234
APPLICATIOPJ FOR ZOIJING CHANGE Foromce us only Request Number:
Date Rcvd: Mt9 Date: '"f"'t
TYPE OF ACTION REQUESTED: 2'Zoning Change ❑
Specific Use Permit ❑ Planned Development
PROPERTY IPIFORMATION:
Address: ~ 9c) N
Name of Business or Building (if applicabie): /V r9A, P,
,
Lot Block 7 Subdivision
Current Zoning: Proposed Zoning: l
J ~ N I L
W hat is the proposed use of the property? 4, e r s z, ~Z ivc:>
Describe the character andlor nature of uses of surrounding property. /V 0 1-+ F, r6 r
5e0C.A-Y-Fr~a )
Will the re-zoned designation be compatible with the classification and use of adjoining lands? Yes No
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?
OWNER/APPLICANT INFORNiATiON: (N you are not the owner, a parmission Mtter from [he owner ia required. I/ you are purchasing fhe property, a copy o/
tAe contrecf iney be used in lieu o/a permiasion letfer ONLY IF the contractprovldes that the purthase ia contingent upon the epplicanl succeas/ully obtaininp a zon(ng
change.)
AppiicanYs, Name:
Applicant'sAddress: .kkl,124 7X 75Y96
Property Owner's Name:
Phone:CfD 7c4ici - Z
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PropertyOwner'sAddress: ( e~/'~'J 7j~7S~L~~ Phone: ,1J~
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R. E,pU1RED SUBMITTALS (check those items which are included):
FPermission mpleted application signed by the owner/applicant If Planned Development requested, include also:
py of a deed with metes and bounds ❑ Four (4) copies of a preliminary site plan
letter from owner
❑ Copy of contract to purchase the property
i have carefully read the complete application and know the same is true
State, and Federal Laws wiil be complied with, whe4he erei s ecifie
duly authorized agent. ~
Signed: ja
Print Name: 4
Date: _f3 -
correct. I hereby agree to comply with all provisions of local,
iot. I certify that I am the owner of the above property or his
Address:
Phone Number: v=~~SZ a Z-:,r
Fax Number:
\ day of 200":` _
SWORN TO AND 3UBSCRIBED BEFORE ME this St
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MEMORANDUM
TO: Chairnian 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:
Bobby R. Jones is requesting that the property located on Lot 3, City Block 235, being
number 1180 19`1' Street N.W., be rezoned from a Single Family Dwelling District No.
3(SF-3) to a Commercial Dish-ict (C). The Comprehensive Plan recommends that
this property be zoned Commercial.
cc: Kevin Carruth, City Manager
W. Kent McIlyar, City Attorney
10 80
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: September 28, 2009
The following zoning change request will be presented at the October 5, 2009, ineeting of
the Planning and Zoning Commission and the October 26, 2009, meeting of the City Council of the
City of Paris for consideration:
1. Bobby R. Jones is requesting that the property located on Lot 3, City Block 235, being
number 1180 l 9"' Street N.W., be rezoned from a Single Family Dwelling District No.
3(SF-3) to a Commercial District (C). The Comprehensive Plan recommends that
this property be zoned Commercial.
cc: Kevin Carruth, City Manager
W. Kent McIlyar, City Attorney
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