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10-Deliberate and possibly act on Ordinance approving petition for zoning change from 1 family dwelling to one family dwelling with mobile homeCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 09/17/10 Planning & Zoning Shawn Napier, P.E., Director of Council Date: Commission Engineering, Planning and 10. 09/27/10 Develo ment RECOMMENDED MOTION: Not an action item - Public hearing and first reading. [IF SUPERMAJORITY RULE INVOKED - Move to approve an ordinance changing zoning for Lot l, City Block 305 and located at 2690 Campbell Street, from a One-Family Dwelling District No. 3(SF-3) to a One-Family Dwelling District No. 3(SF-3) with a Specific Use Permit (39) Mobile Home. POLICY ISSUE(S): Zoning; Public Hearing BACKGROUND: Mr. Larry McClendon has requested that the zoning on the property located on Lot 1, City Block 305 and located at 2690 Campbell Street, be changed from a One-Family Dwelling District No. 3(SF-3) to a One-Family Dwelling District No. 3(SF-3) with a Specific Use Permit (39) Mobile Home. The zoning change request is made so Mr. McClendon can place a Manufactured Home on the lot he purchased. The Planning and Zoning Commission unanimously recommended approval of this request. One person spoke in favor of the request and one person 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: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation Z Ordinance y'I'D Actual $ Z Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: N Administration Z City Clerk Z Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 59 DRAFT S:\ORDWORK\CURRENT\Zoning ORD - Larry McClendon, 2690 Campbell 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 LOT 1, CITY BLOCK 305, LOCATED AT 2690 CAMPBELL STREET, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A ONE-FAMILY DWELLING DISTRICT N0. 3(SF-3) TO A ONE-FAMILY DWELLING DISTRICT NO. 3(SF-3) WITH A SPECIAL-USE PERMIT (39) MOBILE HOME; 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 Lot 1, City Block 305, located at 2690 Campbell Street, City of Paris, Lamar County, Texas from a One-Family Dwelling District No. 3(SF-3) to a One-Family Dwelling District No. 3(SF-3) with a Special- Use Permit (39); 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 Lot 1, City Block 305, located at 2690 Campbell Street, City of Paris, Lamar County, Texas, from One-Family Dwelling District No. 3(SF-3) to a One-Family Dwelling District No. 3(SF-3) with a Special-Use Permit (39), said property being more particularly - 60 described in 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 B. 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 _ 61 ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney 62 ~Ynrice o! confidentialit} rights: fI you arc s aalural prrson, you may remove or strikc any or ell of t6e fotlowiny informatbn from any instrumenl that trnnsfers en interest in real property beiure it is filed tor record io tho public recards: your sociel securlty number or your driver's license n u m ber. SHERIFF'S TAX DEED (TAX RESALE) STATE OF TEXAS X X KNOVV ALL MEN BY TAESE PRESENTS COUNTY OF LAMAR X That whereas, by virtue of a resolution of the City of Paris, Trustee, Lamar Counry, 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 publica[ion appearing not less that (20) days irnmediately preceding the day of sale, beginning on November 5, 2009, in The 7hunder Prairie, and on November 15, 2009, in The Pari.s .Ver+,s, newspapers published in the county of ],amar stating in said adveriisement the time and place of sale, a description of the properiy to be sold, the suit under which the pronerty was sold at the tax foreclosure sale, and the date of the tax foreclosure sale, and on the first Tuesday in December, 2009, beginning at 10:00 a.m., sold and hereinafter described land or ]ots at public venue, at the Eastside Steps of the Courthouse in Paris, Texas, at which sale the premises hereafter described were struck off to LARRY McCLENDQN 3635 W. HOUSTON PARIS, TX 75460 for the sum of $500.00, he being the highest bidder therefor, and that being the highest bid for the same, NOW, THEREFORE, in consideration of the premises aforesaid, and of the paymenl of the aforesaid sum, die receipt of which is hereby acknowledged, I, as Sheriff aforesaid, have Granted, Sold, and Conveyed, and by these presents do Grant, 5e11, and Convey unto the said grantee all of the estate, right, title, and interest of the City of Paris, Trustee, and all other taxing units interested in the tax foreclosure judgment of that certain suit, Cause No. 60334, Lamar Couoty Appraisal DisYrict vs. William J. Anderson, et al, against the property herein conveyed, acquired by tax foreclosure sale heretofore held, said property being located in Lamar County, and described as follows: 1.00 ACRE, MORE OR LESS, OUT OF THE JOHN HERRTNGTON SURVEY, ALSO KNOWN AS LOT 1, BLOCK 305, CITY OF PARIS, BEING MORE PARTICULARLY DESCItIBED iN VOLUAIE 284, PAGE 79, DEED RECORDS OF LAMAR COUNTY, TEXAS (ACCT bR18621 PARIS ISD, PAR1S ISD, LAMAR CEA, LAMAR CO.) TO HAVE AND TO HOLD the above described premises, together with ail and singular the rights, privileges, and appurtenances thereto in any manner belonging unto the said grantee, his heirs and assigns forever, so that neither the grantor, nor any other taxing unit interested in said tax foreclosure judgment, nor any person claiming under it and them, shall at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurienances, or any part thereof, as fu11y and absolute as 1, Sheriff aforesaid, can convey by Section 34.05 (c); 075004-2809 paqe$: 2 12/17/2009 11:32:46 0990 M gy: ST50 Lamar County, 7X 9retehenb ~~na,'~(IIUI~I~I`~f~ I1i11d1ma(L _ EXHIBIT.A. 63 075004-2009 12l17/2009 11:32:46 AM Page Z ot Z Taxes for the present year are to be paid by grantee(s) herein. l'his 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 warranry or representation as to the property's condition, suitabiliry for any use, and property's location. IN TESTIMO Y WHEREOF the City of Paris, Trustee has caused these presents to be executed this I(D day of c- G. , 200c%1_. City of Paris, Trustee BY: 8. T. rn _ ~2~__ B. J. McCoy, Sheriff Lamar County, 2z-- STATE BY; / Deputy She' OF TEXAS X COUNTY OF LAMAR X This instr eni was acknowledged before me on this ~ day of 20 0~ by .~~k ti.,So v\ , Sherif'f/Deputy Sheriff of Lamar County. Notary Public, State of Texas Commission Expires: t3L- After recording return to: Garry hicClendon 3635 W. Houston Paris, TX 75460 'H.ll.amMT.x S~IC . iWmN.20M'60?11n.rcdGree{in?.1cCkndon.doci1L1W4 9:38 AM p~ATLOj/E•4'°" Notary PubNc . STATE OF 7EXAS "V Comm. Exp, 03/01l201J ww~.~,°"""'.►M,..a. 64 )0- { ,>Y~ ~ ~ o. .z. +f4." (OM r 114 u.. ' ~ • ~ ~ ~ q ~~y, ~ k ~ r X~. .el jr7 ~ i C n} 1 ~d. t8 z d 4.~ Hr ~ ~V ti,f. ~ . ~a ]y; , • ~d~q"~~ : •j.~ 1"~`y ng'q'~ '%1:. 5.y 65 CITY OF PARIS COMMUNITY DEVELOPMENT DEPARTMENT P. O. Box 9037 a Paris, Texas 75461 m 903-784-9234 APPLICATION FOR ZONING CHANGE TYPE OF ACTION REQUESTED: ❑ Zoning Change Specific Use Permit ❑ Planned Development PROPERTY INFORMATION: Address: vD~ C) c (-1- For Off-ice Us Only Request Numbe;: u ~ Date Rcvd: ` ; Mtg Date:~ j~ Name of Business or Building (if applicable): Lot Block LS Subdivision CA CurrentZoning: ProposedZoning: What is the proposed use of the property? r \ C~yl 'k- Describe the character and/or nature of uses of surrounding property. 1~- Will the re-zoned designation be compatible with the classification and use of adjoining lands? esa,/ No If No, how do you propose to reduce any adverse impact? Is the tract unsuitable for uses permitted under the present zoning cfassification? es No If No, why are you requesting a change in the permitting uses? OWNER/APPUCANT INFORMATION: (if yau e.e not the owner, a permission letfer from tAe owner Is requlred. 1I you are purchasing the properfy, a copy of the contrec[ m ay be used In fleu ol a peimisslon Ietter ONLY lF the contract provldes fhat the purchase is contingeni upon the applicant successlully obtalning a zoning change.) ApplicanYs Name: m C ApplicanYs Address: Phone: Ck'O-S" Property Owner's Name: '1~0- Property Owner's Address: Phone: ■■■■■■■■■■■■■■■~■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■.■■■■■■■■■■■■■s■■.■■■■■■■■■■■■■■■■■■■■~■■■■■■■■■■■■ RES2CJIRED SUBMITTALS (check those items which are included): le'C,>rnpleted application signed by the owner/applicant If Planned Development requested, include also: CK'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. 1 hereby agree to comply with all provisions of local, State, anrd F eral Laws will be complied with, whether herein specified or not. I certify that I am the owner of the above property or his duly aut o ' agent. SignXambOAddress: Print Phone Number: G~, ~-4 lo Date: Fax Number: SWORN T ~ -nrRE ME this f~ day, 6...~ z ~ - ~ Notary ubiic, S te of Te s FILED: ~ 12/06 BY: O6bOpO000dPQ44peOq00044066404484{ftrOy . uu~yr`'~pPY?BETHANY L. SKINNER Notary Public ~ STATE OF TEXAS p My Commission < '9j.F0F„~Expires 06/09/2013 ~ oaaaooaaoaaaaaasaaoaaseeaaaaoa~ao~a~aa~ - fl Ifl 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: Larry McClendon is requesting that the property located on Lot 1, City Block 305, being number 2690 Campbell Street, be rezoned from a One-Family Dwelling District No. 3 (SF-3) to a One-Family Dwelling District No. 3(SF-3) with a Specific Use Pennit (39) Mobile Home. The Comprehensive Plan recommends that this property be zoned One-Family Dwelling District No. 3(SF-3). cc: Kevin Carruth, City Manager 67 ,'r-' s;. ~ U.j U..j I..i~ ^ V ) ~ ~ ~..1.~ W G ~ U O Q1 ~O N O r-i 68 7.1 /4. ~4! ~ ~ ~ 1.U . LV ° b y r . LU ; N h ~