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10-ZONING CHANGE FROM LI TO PLI ON LOTS 5 AND 6, BLOCK 1, SMITH'S 2ND ADDITION LOCATED AT 165 WEST CENTERCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 02/16/11 Planning & Zoning Shawn Napier, P.E., Director of Council Date: Commission Engineering, Planning and 10. 02/28/11 Develo ment RECOMMENDED MOTION: Public Hearing, first reading, deliberate and possibly act on an ordinance considering the petition of the City of Paris for a change in zoning for property located on Lots 5 and 6, Block 1, Smith's 2"d Addition, from a Light Industrial District (LI) to a Public Lands and Institutional District (PLI) located at 165 West Center Street. POLICY ISSUE(S): Zoning; Public Hearing BACKGROUND: The City of Paris has requested that the zoning on the property located on Lots 5 and 6, Block 1, Smith's 2°d Addition, from a Light Industrial District (LI) to a Public Lands and Institutional District (PLI) located at 165 West Center Street. The zoning change request is made so the City of Paris can relocate the warehouse from 50 East Hickory to 165 West Center Street. The Planning and Zoning Commission recommended approval of this request. One individual 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 4-0. EXHIBITS: Ordinance, memo, location aerial, and site photo ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt $ ❑ P . resentation ~ Ordinance y'r'D Actual $ Z Public H i ❑ O h ear ng t er Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: Z 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 50 Revised 2/04/08 DRAFT S:\attorney\current\ordwork\165 W. Cenur.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, TO REZONE LOTS 5& 6, BLOCK 1, SMITH'S 2ND ADDITION TO THE CITY OF PARIS, LAMAR COUNTY, TEXAS, ALSO KNOWN AS 165 WEST CENTER STREET, FROM LIGHT INDUSTRIAL DISTRICT [LI] TO A PUBLIC LANDS AND INSTITUTION DISTRICT [PLI] 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 to amend Zoning Ordinance No. 1710 of the City of Paris to rezone Lots S& 6, Block 1 of Smith's 2nd Addition to the City of Paris, Lamar County, Texas, from Light Industrial District (LI) to a Public Lands and Institution District (PLI); and, WHEREAS, on February 7, 2011, 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 February 28, 2011, 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 Ciry 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 Lots 5& 6, Block 1 of Smith's 2nd Addition to the City of Paris, Lamar County, Texas, from Light Industrial District (LI) to a Public Lands and Institution District (PLI). ~ 51 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 5. 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 B. 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 28th day of February, 2011. Will Biard, Mayor ATTEST: 52 Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney 53 MEMORANDUM TO: Chairman and Members of the Planning and Zoning Commission Honorable Mayor and Members of the City Counci] FROM: Jeanna Scott, Planning and Development Department SUBJECT: Zoning Change Requests DATE: February 3, 2011 The following zoning change request will be presented at the February 7, 2011, meeting of the Planning and Zoning Commission and the February 28, 2011, meeting of the City Council of the City of Paris for consideration: The City of Paris is requesting that the property located on Lots 5 and 6, Block 1, Smith's 2"a Addition, being number ] 65 West Center, be rezoned from a Light District (Ll) to a Public Lands and Institution District (PLI). The City of Paris will utilize this property as a warehouse. cc: Gene Anderson, Interim City Manager 54 ~ ~ C-~ _ r: ir i`` i j ~ 1 ~ ~ t ~ . ,f, . . % CITY OF PARIS COMMUNITY DEVELOPMENT DEPARTMENT P. O. Box 9037 ■ Paris, Texas 75461 ■ 903-784-9234 APPLICATION FOR ZONING CHANGE TYPE OF ACTION REQUESTED: YL9 Zoning Change ~ Specific Use Permit O Planned Development PROPERTY INFORMATION: Address: 165 WEST CENTER Name of Business or Building (if applicable): CITY OF PARIS WAREHOUSE For Office Use Only Request Number: Date Rcvd; 1-18-11 Mtg Date:2-07-11 Loi - 5& 6 Block 1 Subdivision SMITH' S 2ND AnnTTTnN Current Zoning: LI What is the proposed use of the property? Proposed Zoning WAREHOUSE PLI Describe the character and/or nature of uses of surrounding property. LIGHT INDUSTRIAL USES Will the re-zoned designation be compatible with the classification and use of adjoining lands? l*s / No If No, how do you propose to reduce any adverse impact? is the tract unsuitable for uses permitted under the present zoning classification? Y& / No If No, why are you requesting a change in the permitting uses? OWNER/APPLIC+ANT INFORMATION: (1/ you are not the owner, a permisslon letter ►rom the ownar Is requlred, It you are purcnaslnp the properry, a copy o) the confrecf may6e used (n Ileu ola perm/sslon letterONLY IF the contractprovldes that the purchase !s continganf upon fhe appllcant success/ully obtalning a zon(ng change.) AppticanYs Name: GENE ANDERSON INTERIM CITY MANAGER CITY OF PARIS ApplicanYsAddress: 135 1ST STREET S.E., PARIS, TX 75460 Phone: 903-784-9231 Property Owner's Name: SAME PropertyOwner's Address: Phone: REQUIRED SUBMITTALS (check those items which are included): IN Completed application signed by the owner/applicant If Planned Development requested, include also: IN Copy of a deed with metes and bounds ❑ Four (4) copies of a preliminary site plan ❑ Permission letter from owner 0 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 wiil be complied with, whether herein specified or not. I certify that I am the owner of the above property or his duly authori agent Signed: _ Address: 135 1 ST STREET S. E. Print Name: _ Y~NE ANDERSON Phone Number: - - Date: r8= Fax Number: 663Z - SWORN TO AND SUBSCRIBED BEFORE ME this\%~-'day of 20\\. E~~~~E li , S ate of Texas FILED: 12/06 7WUUUn• d n BY: sCorr P ;}Ta GJB! IC , rEXAS r~U/~ r"i~l, ~..'.!:."i hAFIiG: Ci'26'L11 .58