09-Deliberate and possiblyact on an Ordinance approving petition for zoning change from ag to comm5ubmittal Date:
09/17/10
Council Date:
09/27/10
CITY COUNCIL AGENDA ITEM BRIEFING SHEET
Originating Depart ment: Presented By: Agenda Item No.:
Planning & Zoning Shawn Napier, P.E., Director of
Commission Engineering, Planning and 9.
KECOMMENDED MOTION:
Not an action item - Public hearing and first reading. [IF SUPERMAJORITY RULE INVOKED - Move to
approve an ordinance changing zoning for a 0.78 tract of land part of the Thomas Askins Survey,
Abstract No. 6 and located at 4040 North Main Street from an Agricultural District (A) to a Commercial
District (C).
POLICY ISSUE(S):
Zoning; Public hearing
BACKGROUND:
Mr. Matthew Cole has requested that the zoning on the property located on a 0.78 tract of land part of
the Thomas Askins Survey, Abstract No. 6 and located at 4040 North Main Street, be changed from an
Agricultural District (A) to a Commercial District (C). The zoning change request is made so Mr. Cole
can open a motorcycle/auto repair shop.
The Planning and Zoning Commission unanimously recommended approval of this request. One person
spoke in favor of the request and nobody spoke in opposition.
BOARD/COMMISSION RECOMMENDATION:
P&Z recommended approval of this request by a vote of 5-0.
EXHIBITS:
Ordinance, memo, location aerial, and site photo
ACTION:
❑ Financial Report E] Minute Order
❑ Department Report ❑ Resolution
❑ Presentation E Ordinance
E Public Hearing ❑ Other
FISCAL NOTES:
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Acct. Name
Acct. Number
REVIEWED AND APPROVED BY:
~ Administration E City Clerk E Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court E Legal ❑ Library ❑ Police E Eng./Public Works ❑ Utilities
City of Paris
Revised 2/04/08
46
DRAFT
S:\ORDWORK\CURRENT\Zoning ORD - Matthew Cole, 4040 N. Main St..docx
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 A 0.78 ACRE
TRACT OF LAND BEING A PART OF THE THOMAS ASKINS SURVEY,
ABSTRACT N0. 6, LOCATED AT 4040 NORTH MAIN STREET, CITY OF
PARIS, LAMAR COUNTY, TEXAS, FROM AN AGRICULTURE DISTRICT (A)
TO A COMMERICAL DISTRICT (C) DIRECTING A CHANGE ACCORDINGLY
IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER
CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY
CLAUSE; AND PROVIDING 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 a 0.78 acre tract of land
being a part of the Thomas Askins Survey, Abstract No. 6, located at 4040 North Main
Street, City of Paris, Lamar County, Texas from an Agriculture District (A) to a Commercial
District (C); and,
WHEREAS, on September 7, 2010, 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 September 27, 2010, 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. The findings set out in the preamble to this ordinance are hereby in all
things approved.
Section 2. 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 a 0.78 acre tract of land being a part of the Thomas Askins Survey, Abstract No. 6,
located at 4040 North Main Street, City of Paris, Lamar County, Texas, from an Agriculture
District (A) to a Commercial District (C), said property being more particularly described in
47
Exhibit A attached hereto and made a part hereof.
Section 3. 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. 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. 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. 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. 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. 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. 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 27th day of September, 2010.
Will Biard, Mayor
48
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
49
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PIELD NOTY,S
Countyiof tLamar~uand State ofrtTexa~ Dea' East of the City of parls,
Survey #6, and befng a ca22ed 0.78 acre tracttof Iandec nvcyed Gcorge
Spencer by deed recocded in Vol, 565, Page 582, Records
0 of safd County and state. of the Deed
Beginning at a poiat for corner at the Northvest corner of said
.
tra78 acre tract, sald polnt being North 66 Deg. 08 Min. 53 Sec. West
of an iron pipe (f) in the North 9oundary Line of said 0.78 acre
ct.
Thence South S Deg. 40 Min. 51 Sec, West along the East Boundary
Line of U.S. Hvy, 271 a dis0ance of 129,94 ft. to an irqn pln (5)
for corner at the Southwest corRez' of sald 0.78 acre tract, said
point being the Northxest corner of a 0.22 acre tracC of land conveyed
Ceorge R. Dvorak by deed recorded in Vol. 676, Paqe 590, of said
Records;
' Thence along the South Boundary Line of said 0.78 acre tract
as follows:.South 87 Deg, 40 Min, OJ Sec, East a distante of 125.24
ft, to an iron pin (f) at the Northeast corner of 0,22 acre tract;
South 88 Deg. 25 Min, 23 Sec. East a distance of 125.35 ft, to an
iron pfn (s) for corner at the Southeast corner of said 0.78 aere
tract;
xhence North 24 Deg. 35 hiin, 30 Sec. East along the westerly
Boundary Line of old Hwy, 24/Lamnr County Road N92000 a distance
of 130 ft, to an iron pin (frs) for corner at tha Northeast corner
of said 0.78 acre tract;
Thence North 86 Deq, 08 Min. 53 Sec, West a distance of 292.39
ft. to the place of beginning and containinq 0.783 acres of 2and.
I. J.M. Nelson, Registered Professional Land Surveyor of Texas,
#4025, certlly that the above depicted and described tract of land
was taken Erom an actual survey rrtade on the ground and completed
bY me on the 28th day of August, 1996.
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J•K. Nelson, A.F.L.S. of Texas, #4025
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SPECIAL WARRANTY DEED
(Cash)
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR §
THAT THE tJNDERSIGNED, LOUISE DVORAK MCCLAIIV, not joined by my spouse
as this constitutes no part of our homestead, hereinafter referred lo as "Grantor", whether one or
more, for and in consideration of the sum of TEN DOLLARS ($10.00) cash, and other good and
valuable consideration in hand paid by the Grantee herein named, the receipt and sufficiency of
which is hereby fully acknowledged and confessed, have GRANTED, SOLD and CONVEYED, and
by these presents docs hereby GRANT, SELL and CONVEY unto JACK D. BESTEMAN AND
WIFE, PAMELA F. BESTEMAN, hercin referred to as "Grantee", the real property located in
I.amar County, Texas, and being described as follows:
All that certain tract or parcel of )snd situated in Paris, Lamar County, Texas,a part
uf thc Thomas Askins Survey, and being more fuily described on Exhibit A attached 6ereto;
This conveyance, however, is made and accepted subject to the Easement to Southwestem
Deil Telephone Company dated March 1, 1973, of record in Volume 545 Page 336 Deed Records
of Lamar County, Texas.
TO I-IAVC AND T01-IOLD the above described premises, together wifh all and singular the
rights and appunenances thereto in anywise belonging unto the said Grantee, Grantee's heirs,
executors, administrators, successors and/or assigns forever; and Grantor does hereby bind Grantor,
Grantors hcirs, executors, administrators, succcssors andlor assigns to WARRANT AND
POREVER DEFEND all and singular the said premises unto the said Grantee, Graniee's heirs,
executors, administrators, successors and/or assiBns, against evety person whomsoever claiming or
to claim the same or any pert thereof, by ihrough or under the grantor herein.
Grantce assumes payment of the taxes for the current year.
GXECUTED the 22nd day of March, 2002.
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STATE OF TEXAS §
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COUNTY OF LAMAR §
The foregoing instiument was ecknowledged before me on thc 9ay ofi;~~' Z002,
by Loutse Dvorak McClain. ~
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~ N. ANNE HUTTO <jZ PUBLIC, STATE OT TEXAS
PRINTED NAME OF NOTAKY
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Grantee's Address:
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CITY OF PA,RIS
COh4t✓UtdiTY DEVELOPMENT DEPARTARENT
P. O. Box 9037 m Paris, Texas 75461 r 903-784-9234
~iPPLICATIOP~! FOR ZOI~lIIVG CHANGE For office us o~+y Request Number; <l J Q? 1 Date Rcvd ( 0 Mtg Date: `
TYPE OF ACTION REQUESTED: ~ Zoning Change ❑
Specific Use Permit ❑ Planned Development
PROPERTY INFORMATION:
Address: ~ 0 1 V • ~
Name of Business or Building (if applicable):
Lot Block Subdivision
Current Zoning: f"1 Proposed Zoning:
What is the proposed use of the property? I r) 0-1 DQ- C`(Gf- K
Describe the character and/or nature of uses of surrounding property.
~e cj4, l
Will the re-zoned designation be compatible with the classification and use of adjoining lands? e No
If No, how do you propose to reduce any adverse impact?
Is the tract unsuitable for uses permitted under the present zoning classification? es No
If No, why are you requesting a change in the permitting uses?
OWNER/APPLICANT INFORMATION: (1I you are not tbe owner, a permission letfer from the owner Is requlred. 1/ you are purchasing the properfy, a copy ot
fhe contrect may be used ln !!eu o/a permisslon letter ONLY IF the conVact provides that the purchase is conf/ngent upon ihe eppl/cant success/ully obtalning e zoning
change.)
-
AppiicanYs Name: ' , `ATT HEt") (70
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ApplicanYsAddress: p cig C e- 33 ~4c) Phone: 103 - 70 z-1 -~Sc)(7
Property Owner's Name: Ae, V-- L1Ylgs, f"
PropertyOwner's Address: 141-7Z ~~~~C-~J Phone-q03 7E35 ' 000J
■~~~~~~~~~~~~~~~~~~~~~~~~~re~t~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~■ ■e~~~~~~~~~~~s~~~~~~~~~~~~~~e~~~~~~~~■
RgQUIRED SUBMITTALS (check those items which are included):
~ Completed application signed by the owner/applicant If Planned Development requested, include aiso:
$Copy of a deed with metes and bounds ❑ Four (4) copies of a preliminary site pian
gPermission letter from owner
O 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 compiy with all 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 property or his
duly authoriz d a nt.
s-;r
Signed: Address: ee_ -?591-0
Print Name: rKiR Phone Number: G),~7 -?n ~ ~ n,•,
Date: /•r7 _ -)FaxNumber: 7~.~LTT~,3
SWORN TO AND SUBSCRIBED BEFORE ME this day of 1 r 20
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''.E C E~~' Notary ublic, State Tex s
FILED: 12/06
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MEMORANDUM
TO: Chairman and Members of the Planning and Zoning Commission
Honorable Mayor and Members of the City Council
FROM: Jeanna Scott, Planning and Development Department
SUBJECT: Zoning Change Requests
DATE: August 27, 2010
The following zoning change request will be presented at the September 7, 2010, meeting
of the Planning and Zoning Commission and the September 23, 2010, meeting of the City Council
of the City of Paris for consideration:
Matthew Coyle is requesting that the property located on a 0.78 tract of land being a part of
the Thomas Askins Survey, Abstract No. 6, being number 4040 North Main Street, be
rezoned from an Agricultural District (A) to a Commercial District (C). The
Comprehensive Plan recommends that this property be zoned Commercial.
cc: Kevin Carruth, City Manager
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