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11-deliberate and poss act on ordinance approving pet for a change in zoning planned dev dist retail shopping to general retail dist 2995 LamarCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originaring Department: Presented By: Agenda Item No.: 09/17/10 Planning & Zoning Shawn Napier, P.E., Director of Council Date: Commission Engineering, Planning and 11. 09/27/10 Develo ment RECOMMENDED MOTION: NOt aTl aCt1011 ltelll - PUbI1C heaT'lrig ilT1d f1TSt Teadlrig. [IF SUPERMAJORITY RULE INVOKED - MOVe t0 approve an ordinance changing zoning for Lot 8, City Block 286 and located at 2995 Lamar Avenue, from a Planned Development District (PD-a) Retail Sho ping Center to a General Retail District (GR). POLICY ISSUE(S): Zoning; Public hearing BACKGROUND: Mr. Shan T. Totty has requested that the zoning on the property located on Lot 8, City Block 286 and located at 2995 Lamar Avenue, be changed from a Planned Development District (PD-a) Retail Shopping Center to a General Retail District (GR). The zoning change request is made so Mr. Totty can utilize this existing building as a dental office. 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 ❑ Minute Order Department Report ❑ Resolution t. * $ Presentation Z Ordinance $ Z Public Hearing ❑ Other Acct.Numbbeerr FISCAL NOTES: REVIEWED AND APPROVED BY: Finance Fire Z Administrarion Z Ciry Clerk Z Community Development ❑ EMS/IT ❑ ❑ Municipal Court Z I.egal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities - ~inAino ~~c...,..., City of Paris 70 DRAFT S:\ORDWORK\CURRENT\Zoning ORD - Shan Toriy, 2995 Lamar Ave..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 8, CITY BLOCK 286, LOCATED AT 2995 LAMAR AVENUE, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A PLANNED DEVELOPMENT DISTRICT (PD-a) RETAIL SHOPPING CENTER TO A GENERAL RETAIL DISTRICT (GR); 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 8, City Block 286, located at 2995 Lamar Avenue, City of Paris, Lamar County, Texas from a Planned Development District (PD-a) Retail Shopping Center to a General Retail District (GR); 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 8, City Block 286, located at 2995 Lamar Avenue, City of Paris, Lamar County, Texas from a Planned Development District (PD-a) Retail Shopping Center to a General Retail District (GR), said property being more particularly described in Exhibit A attached hereto and made a part hereof. - - 71 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 5. 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 Ciry 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 ATTEST: Janice Ellis, City Clerk V7 f) APPROVED AS TO FORM: W. Kent McIlyar, City Attorney ~ - 73 W TY I)EED Date: December 18, 2009 Grantor: Samye Lou Totty, Trustee of the L.T. Totty and Samye Lou Totty Trust, dated October 21, 1994 Grantor's Mailing Address: 921 E. Wilson, Orange, CA 92867 Grantee: Totty Enterprises II LLC, a limited liability company Grantee's Mailing Address: 321 E. Wilson Avenue, Orange, CA 92867 Consideration: TEN AND NO/100 DOLLARS ($10.00) and other valuable consideration Property: Situated within the corporate limits of the City of Paris, Lamar County, Texas, a part of the George W. Cox Survey, described as follows: BEGINNING at a stake in the NBL of Lamar Avenue at its intersection withe WBL of 30th Streef NE., THENCE with the NBL of Lamar Avenue North 87 Deg. 10 Min. West 100 feet, a stake; THENCE North 203 feet, a stake; THENCE East 100 feet, a stake in the WBL of 30`h Street; THENCE South 208 feet to the place of beginning. Reservarions from and Exceptions to Conveyance and Warranty: -This conveyance is made and accepted subject to the following matters, to the extent same are in effect at this time: Any and all restrictions, covenants, conditions, and easements, mineral reservations and leases, if any, relating to the hereinabove described property, but only to the extent they are still in effect, shozNn of record in the hereinabove mention.°,d County and State. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to the Grantee and Grantee's heirs, executors, administrators, and successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. - - 077044-2010 Pages : 2 - - WD 03/12/2010 10:40:07 AM By: gretehenb Lamar County, TX Kath Marlowe - County Clerk I~Ii~i_~IH ~I pll I~IIII Iillli N~ NN ~IN IIIIIII NI hlll nlll II II II I I EXHIBIT-L 17 d When the context requires, singular nouns and pronouns include the plural. L.T. Toriy and Samye Lou Totty Family Trust Dated: B ; ~ Sarri e Lou Totty, Trust State of California ) )ss County of Orange ) Subscribed and sworn to (or affirmed) before me on thi) Ek^ day of 0 e(e„W,( e.1,- , 2009, by SGiTt~ e l-o and proved to me on the basis of satisfactory evidence to be the person(s) who appeared efore me. Signature , GoMmiswon ,..t Notary PubtlC = P#"" f € Orange Countv Gomm. ea Jul 1.2011 75 1 • am"ptw~a a /afs+73i.r sF?!'^' • 1~. f~~~F~' t ,:~;I•~:~ ~ a~ _ ~ ~ ~~~.~c~s~i~.~, •:i . . ~ t 91 ( ±li < ` ` 1 ■ ~ ' ~ ` ~ . ~ F ~I ~ ~ . _ ~AW ~ 41 r 4# ;~T~1_~ 28th' d ~ ~ .vi3' i T5 1, ~k ` i ,i w • ~ , ~ - • - ~ ~ ' ~ . . ~u3~ / o k a a., ~I~ Imp N 1.. . ~..ti1t N. 171/ ~ ~L U, ~~V ~ ~ ~ITY OF PARlS JUL ALM COM1AMUNITY DEVELOPAIIENT DEPARTMENT P. 0. Box 9037 o Paris, Texas 75461 o 903-784•923d'0KP~~~~1-rY DEVEL0GNTP!T =Rc:vd: niy Request Number. _ APPLICh~T10F~ FQR ZOhD(NG CHANGE ~ Mig Dale: 'tYPE OFAC't'ION REQUESTED: Li Zoning Change ❑ Specific Use Permit ❑ Planned Development Pf20PERTY INFORMATiON: • p / ~ f ~ ~J ~H~ ~ i ~ f--~ ~ ~z ✓ ~q p L'c ~ Address: ~ ~ . C f c"F P~C= ~ t ~ ~ ~ ►g ~ ,~C'f i~va~s.~ (.~V ~ tl ~ ~ - 1Jame of Business or 8uilding (if applicable): y L& ~n~~fG Lflt - -ti _ Block :9 .:•A r Subdivision Current Zoning: TD 'a- Proposed Zoning:C-1 K ~ ~ ~ . „ ~ ~~„p~ What is the proposed use of the property? P-rit L Describe the character andlor nature oi uses of suROUnding property. e- ~ Will the re-zoned designatlon be compaGble with the classification and use of adJoining lands?q2y No Ii No, how do you propose to reduce any adverse impact? (D &J.'aE 4, ~ Is the tract unsuitable for uses pecmitted under the present zoning classificatlon? Yes 1 No If No, why are you requesting a change in lhe pennitting uses? lattarONLYfFthocontraetpravda[thaffhepurrhasalsconflnpenlup n hv~pp!leanta ceesifullyobUlnlnBOZaning OWNER1APPblCANniNFORMA's~~N: / e the cAanpe.) Applicant's Name: - , ~ n.i ~•~i1~a~l~. Tn. ~ Appiicant's Address: Phone: Property Owner's Name: ~~"C' ~ P•~a~ `If r-f,~l E ~✓:/.5~~,~ vi2.~i,~r[~ '~a A-f,a66 4::::A ~z :Ph ne: ~ t9~> properkyOwnWrs Addre'ss: N5` oR.- ■ENn a REOUIRED SUBMITfALS (check those ftems which are included): `f Planned Development requested, include also: lopy ofta deed'w3th m tes and bounds~erlappllcant ❑ Four (4) copfes of a preltminary site plan = O Permission letter from owner 5<0py of contract io purchase the property I have carefully read the complete application and know the same is true and correcL i hereby agree io comply wilh all provfsions of local, State, and Federal Laws wili be complied with, whether harein specifled or not 1 cerdfy that I am the owner of the above property or his duly authorized agent. 1;?Z3dUL-C, C.~ ~Z~• A ~-c7 . Lsux. ~S~ } 5Ign ~d:' Address: Phone Number. I PrintKa~M. FaxNumber Date: ~ p , E ME this day of 20= SWORN T otary Pu c, State o enas U~ 12106 FILED: ~BAI „ Lm L0-1;': . -7- 78 CALIFORNEA ALL-PURPOSE AG1(Fl01IIIILEDCWEEPE4 State of California I County of O~n " \1/ Qn ~ 29- ?410 before me, ~ e c Her sert Name and Title of the Officer Date personally appeared t ne(sEt Signer(s) r ELUE C. BRACKETT Commission # 1864349 ~ Notary Public - Californfa D Z Orange County My Comm. Expire ct 7, 2013 who proved to me on the basis of satisfactory evidence to be the person'(%~whose name~sj isAafe subscribed to the within instrument and acknowledged to me that he/shefth►ey executed the same in his/berA;eir authorized capaciry(tes), and that by his/YaeM+ieir signaturejs}.on the instrument the persortN, or the entity upon behalf of which the personN acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature Signature ot Notary Public OPT►ONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachmenf of this form to another document. Description of Attached Document Title or Type of Document: Document Date: 7-,2-9' 2-4010 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name V Individual Number of Pages: Signer's Name: ❑ Individual ❑ CorporateOfficer-Title(s): _ 0 Partner - ❑ Limited ❑ General O Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing 7of thumb here ❑ Corporate Officer - Title(s): _ ❑ Partner - ❑ Limited 0 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: . Top of thumb here OO 2007 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reordec Call Toll-Free 1-800-876-6827 y_. 79 70~NTERPR6~~~ ~~~~PANY Thursday, July 29, 2010 To: City of Paris Community Development Department P.O. Box 9037 Paris, TX 75461 903-784-9234 From: Shan Totty Totty Enterprises II LLC P.O. Box 5527 Orange, CA 92863 Re: Application for zoning change Property address: 2995 Lamar Ave., Paris, TX 75460 To Whom It May Concern: Attached is my completed application for zoning change and a copy of the property deed. Our building's use has been retail and office from the time it was built and occupied in 1976 by the Social Security Office and most recently with the Living Water Book Store. We are in the process of selling the property and the new owner's use will be a Dental Office and or General Retail. I have been informed that this process is necessary to appropriately classify the property per the City's general plan requirements. This intended use will be consistent with the City's general plan and with the current surrounding property classifications as well as an overall benefit to the local community. Please process our application in order for us to continue with our sale and the new owner's business requirements. Thank you for your assistance and consideration. Res ec~~ul~y,~,,,~--_~~~ -a an Totty - owner/manager stottvnroadrunner.com 714-348-4586 Cell Enclosure: Completed application for zoning change Copy of deed with metes and bounds P.O. Box5527 • Orange• Ca@ofornla • 92863-55270 (714) 532-2637 - Rn 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 Gity of Paris for consideration: Shan T. Totty is requesting that the property located on Lot 8, City Block 286, being number 2995 Lamar Avenue, be rezoned from a Planned Development District (PD-a) Retail Shopping Center to a General Retail District (GR). The Comprehensive Plan recommends that this property be zoned General Retail (GR). cc: Kevin Carruth, City Manager 81 W D z W > Q oc ~t ~ Q J Ll~ C31 01 N -A x , , 82 a~ aY : ~ . , . ~ . ~ W D z W ~ Q rvo" Q ~ Q J L.f) 01 01 N . c-i r-I