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
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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
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EXHIBIT-L
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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
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~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 / ~
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Address: ~ ~ . C f c"F P~C= ~
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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
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What is the proposed use of the property? P-rit L
Describe the character andlor nature oi uses of suROUnding property.
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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?
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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
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Applicant's Name: - , ~ n.i ~•~i1~a~l~. Tn. ~
Appiicant's Address: Phone:
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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~•
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SWORN T
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CALIFORNEA ALL-PURPOSE AG1(Fl01IIIILEDCWEEPE4
State of California I
County of O~n "
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Her sert Name and Title of the Officer
Date
personally appeared
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r ELUE C. BRACKETT
Commission # 1864349
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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
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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): _
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❑ Guardian or Conservator
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Signer Is Representing
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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
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