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
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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
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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,
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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
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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:
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
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