20-Paul A. Stephens Zoning Change
CITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date: Originating Department: Presented By: Agenda Item No.:
10/15/10 Planning & Zoning Shawn Napier, P.E., Director of
Council Date: Commission Engineering, Planning and 20.
10/25/10 Development
RECOMMENDED MOTION:
Public Hearing, first reading, deliberate and possibly act on an ordinance considering the petition of Paul
A. Stephens for a change in zoning for property located on Lot part of 14, City Block 306-C, from a
Agricultural District (A) to a Light Industrial District (LI) located at 4220 North Main Street.
POLICY ISSUE(S):
Zoning; Public Hearing
BACKGROUND:
Paul Stephens has requested that the zoning on the property located on Lot part of 14, City Block 306-C,
be changed from an Agricultural District (A) to a Light Industrial District (LI) located at 4420 North
Main Street. The zoning change request is made so Mr. Stephens can operate a truck repair and
maintenance facility, Contractors Shop and Storage Yard. The Planning and Zoning Commission
recommended approval of this request.
This petition must be denied if the Future Land Use Map is denied.
No one spoke in favor of the request.
No one spoke in opposition to this request.
BOARD/ COMMISSION RECOMMENDATION:
The Commission 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 ® Ordinance YTD Actual $
® Public Hearing ❑ Other Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
® Administration ® City Clerk ® Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court ® Legal ❑ Library ❑ Police ® Eng./Public Works ❑ Utilities
City of Paris Revised 2/04/08
~n~r1
DRAFT
S:\ORDWORK\CURRENT\Zoning ORD - 4220 N. Main (Paul Stephens).docx
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS,
TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE PART OF LOT 14,
CITY BLOCK 306-C, LOCATED AT 4220 NORTH MAIN STREET, CITY OF
PARIS, LAMAR COUNTY, TEXAS, FROM AN AGRICULTURAL DISTRICT
(AG) TO A LIGHT INDUSTRIAL DISTRICT (LI) 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 part of Lot 14, City Block
306-C, located at 4220 North Main Street, City of Paris, Lamar County, Texas from an
Agricultural District (A) to a Light Industrial District (LI); and,
WHEREAS, on October 4, 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 October 25, 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. That the findings set out in the preamble to this ordinance are hereby
in all things approved.
Section 2. That 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 part of Lot 14, City Block 306-C, locate at 4220 North Main Street, City of Paris,
Lamar County, Texas, from an Agricultural District (A) to a Light Industrial District (LI),
said property being more particularly described in Exhibit A attached hereto and made a
part hereof.
0221
Section 3. That 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. That 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. That 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. That 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. That 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. That 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. That 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 25th day of October, 2010.
Will Biard, Mayor
ATTEST:
Janice Ellis, City Clerk
0222
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
0223
-11_A_- Nelson Surveying Company
920 North Main Street Paris, Texas 75460
903-785-3551 fax 903-785-3399
Jim Nelson, owner
J. M. Nelson, Registered Professional Land Surveyor of Texas, #4025
PSlephens Disk-235 US Hwy. 271 / LCR #4200 TAskins #6
FIELD NOTES
Situated about 4.5 miles North 7 Deg. East of the City of Paris, County of Lamar, and State of
Texas, a part of the Thomas Askins Survey #6, and being a part of a called 7.174 acre tract of
land conveyed Jerry Bob Stephens et ux by deed recorded in Vol. 603, Page 420, of the Deed
Records of said County and State.
Beginning at a capped (JMN - 4025) iron pin (f) for corner at the Southwest corner of said
7.174 acre tract, said point being a Northwest corner of the remaining part of a tract of land
conveyed Texas Cemeteries Incorporated by deed recorded in Vol. 343, Page 267, of said Deed
Records.
Thence South 85 Deg. 07 Min. 02 Sec. East a distance of 334.15 ft. to an iron pin (frs) for
corner at the Southeast corner of said 7.174 acre tract and the Northeast corner of said
remaining part of said Texas Cemeteries Incorporated;
Thence North 1 Deg. 37 Min. East along the West Boundary Line of Lamar County Road
#42000 (old U.S. Hwy. 271) a distance of 205.21 ft. to a capped (JMN - 4025) iron pin (s) for
corner;
Thence North 85 Deg. 07 Min. 01 Sec. West a distance of 319.58 ft. to a capped (JMN -
4025) iron pin (frs) for corner;
Thence South 5 Deg. 41 Min. 06 Sec. West along the East Boundary Line of U.S. Hwy. 271 a
distance of 204.90 ft. to the place of beginning and containing 1.537 acres of land.
I, J.M. Nelson, Registered Professional Land Surveyor of Texas, #4025, certify that the
above depicted and described tract of land was taken from an actual survey made on the ground
and completed by me on the 3rd day of February, 2000.
of / f Z-¢=da , /'/t- J.M. Nelson, RPLS of Texas, #4025 date
i
e
J.M. NELSUN
4025
SUVol
EXHIBIT,,.
1
0?_2-1
0
II o ~
m yl T ~ I I r
Hwy.
-
CD _271
(North bound lane)
u
II ~
rn
0
Q' S 05'41'06" W
o
v M
u /sly- :6 204.90' 204.90
o
-0 C o :3 a `.s t
00 z
Cr!
fl' l''R'` y O. O U
o i; B^J o pR P V
n~ ~.3 g eo O Z~ M GT O CD
N) M
U1 0
(IN O Ad ®1. m
• a
s
610
' •o °r
L UI A13O
Y
N CD n <na~ 9c
Z CO
°-1 O Texas Cemeteries Incorporated
Vol. 343, Page 267
LCDR
„ CA ^
V J
Q y? C
25; C ~
e Z
-o C
o w
:41-
a~ 4
cD r 0
r
g~ac ~ ~1
Q V o N 01'37'00" E 205.21
0 x
O °
O - t Lamar Count
o .o - - - _Y .Road #42000- -
C1' (old Hwy. 271)
U
N
n m
o ~
° a N3 m
m ° a I ~
L a II ° ~ ,p m
O
o CD
L x-
Reference Bearing: West Boundary Line of U.S. Hwy. 271
0 22'
CITY OF PARIS
COMMUNITY DEVELOPMENT DEPARTMENT
P. O. Box 9037 ■ Paris, Texas 75461 ■ 903-784-9234
APPLICATION FOR ZONING CHANGE For Orfc se On y Request Number`:
Date Rcvd~~o Mtg Date: tQ
TYPE OF ACTION REQUESTED: Zoning Change ❑
Specific Use Permit ❑ Planned Development
PROPERTY INFORMATION: / !n
Address: Ll~~ ~ k~
Name of Business or Building (if applicable):
Lot Block a -C- Subdivision I'LL-)
Current Zoning: ~Ot Proposed Zoning: 1-1 h'L bjd j4l' L//
What is the proposed use of the property? Sa l ~ n~ -CAA A-/Ora YL L d S.~ Yl// "-L LW GLUM ,(!L~, *a (IL
Describe the character and/or nature of uses of surrounding property. &IK~M S ld t A UJ`)70,4y-L / -,L SR4,~ q, RV-/
~Ynoo~it . L~ 10 Y7kh -§l d e- / S S J-VI fLis & 10""l-Z
Will the re-zoned designation be compatible with the classification and use of adjoining lands? Yes / No
If No, how do you propose to reduce any adverse impact?
Is the tract unsuitable for uses permitted under the present zoning classification? Yes &0
If No, why are you requesting a change in the permitting uses?
OWNER/APPLICANT INFORMATION: (if you are not the owner, a permission letter from the owner Is required. If you are purchasing the property, a copy of
the contract maybe used in lieu ofa permission letter ONLY IF the contract provides that the purchase is contingent upon the applicant successfully obtaining a zoning
change.)
Applicant's Name: ~Q f!(L ~7Y f0 ~S
Applicant's Address: Phone: V3- 517-5- F( 3
Property Owner's Name: ~a/ l.(! S!/✓~en~S
Property Owner's Address: ' `17,QS 1-&tk-74-K /TVth'- Phone: ~D~' SL7~~~~P3
R UIRED SUBMITTALS (check those items which are included):
pleted application signed by the owner/applicant If Planned Development requested, include also:
opy 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. I hereby agree to comply 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 authorized agent.
Signed: ~ Address: ~-0 'Q 5 L Kpin r- Rx
Print Name OW-5 Phone Number: qt)3 -1C5 -/t,sL
Date: Qts 5 2S, (I% Fax Number: 9u3 t37 C"g37
~ .
SWORN TO AND SUBSCRIBED BEFORE ME this day of A L o s i._ 20/
W 1v 1,/e- l)Lt
Notary Pfiblic, State of Texas
,`,,~i111111111Iilll/r 12/06
FILED:
pr'' r f> r,{,. = 9 P
J L 4r I F^/ L
OF
0226
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: September 28, 2010
The following zoning change request will be presented at the October 4, 2010, meeting of
the Planning and Zoning Commission and the October 25, 2010, meeting of the City Council of the
City of Paris for consideration:
I . Paul A. Stephen is requesting that the property located on Lot Part of 14, City Block 306-C,
being number 4220 North Main Street, be rezoned from an Agricultural District (A) to a
Light Industrial District (LI). The Comprehensive Plan recommends that this property be
zoned Commercial.
cc: Kevin Carruth, City Manager
0 2.x'7
i- r
~4 F
t .C
z ~w
0
N
N
x Y r F ;111 S~'•"
~ Y O z<
w.~
I
A.3
t
Ltt ~(eN►y6! seLSiS PsJN/1
~J.
w s.
. k
i
14-
X T-4=1
0 l r r ? 8
1'~JA
~i
w
°S
t:
z
0
N
N
022