18-Ordinance considering the request for a change in zoning
CITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date: Originating Department: Presented By: Agenda Item No.:
05/13/11 Planning & Zoning Shawn Napier, P.E., Director of
Council Date: Commission Engineering, Planning and 18.
05/23/11 Development
RECOMMENDED MOTION:
Public Hearing, first reading, deliberate and possibly act on an ordinance considering the petition of
Kenneth Dyer for a change in zoning for property located on Lot 7, City Block 61, being located at 624
5th Street N.E. from a General Retail District (GR) to a General Retail District (GR) with a specific use
permit (28) Mortuary.
POLICY ISSUE (S):
Zoning; Public Hearing
BACKGROUND:
Kenneth Dyer has requested a change in zoning from a General Retail District (GR) to a General Retail
District (GR) with a specific use permit (28) Mortuary on Lot 7, City Block 61, being located at 624 5t"
Street N.E. Mr. Dyer will utilize this property as a Funeral Home; the property was originally built and
operated as a funeral home. The Planning and Zoning Commission recommended approval of this
request.
One individual spoke in favor of the request.
One letter was read in to record 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, letter, photos, and aerial
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
L- 11
City of Paris Revised 2/04/08
108
Draft
s/attorney/ordwork/current zoning 624 Sth NE Draft 4 5.23.11 Item #18
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 LOT 7, BLOCK 61,
PARIS, LAMAR COUNTY, TEXAS LOCATED AT 624 5TH STREET NE FROM
A GENERAL RETAIL DISTRICT (GR) TO A GENERAL RETAIL DISTRICT
(GR) WITH A SPECIFIC USE PERMIT (28) MORTUARY; 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 an application to amend
City Zoning Ordinance No. 1710 of the City of Paris, as heretofore amended, to rezone Lot 7,
City Block 61, City of Paris, Lamar County, Texas, located at 624 5th Street NE, Paris, Texas
from General Retail District (GR) to General Retail District (GR) with specific use permit
(28) Mortuary.
WHEREAS, on May 2, 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 amendment.
WHEREAS, on May 23, 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 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, be and hereby is further
amended to rezone Lot 7, City Block 61, City of Paris, Lamar County, Texas located at 624
Sth Street NE, Paris, Texas, from General Retail District (GR) to General Retail (GR) with
specific use permit (28) Mortuary.
Section 3. That the Chief Building Official of the City of Paris be, and he is hereby,
109
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 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 23rd day of May, 2011.
Joe McCarthy, Mayor Pro Tern
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
110
MEMORANDUM
TO: Chainnan 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: April 25, 2011
The following zoning change request will be presented at the May 2, 2011, meeting of the
Planning and Zoning Commission and the May 23, 2011, meeting of the City Council of the City
of Paris for consideration:
1. Kenneth Dyer is requesting that the property located on Lot 7, City Block 61, being number
624 5t' Street N.E., be rezoned from a. General Retail District (GR) to a General Retail
District (GR) with a specific use permit (28) Mortuary in the O, NS and GR Districts. Mr.
Dyer will utilize this property as a Funeral Home; the property was originally built and
operated as a Funeral Home. I recommend approval of the petition.
cc: Gene Anderson, Interim City Manager
111
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PA { °I~S
CITY, Of`
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April 28, 2011
Planning and Zoning Commissioners
RE: IN FAVOR OF
6245 T" STREET N.E.
Dear Commissioners:
The City of Paris Plannin and Development Department received a phone call from Flora Rucker,
property owner, at 624 6t' Street N.E. on April 25, 2011. Ms. Rucker stated she is disabled and
unable to attend the commission meeting on May 2, 2011, therefore she requested the City of Paris
notify the Planning and Zoning Commission and the City Council that she is in favor of the zoning
request for the property located at 624 5`" Street N.E. Please let me know if you have any
questions.
Sincerely,
a Scott
Planning and Development Department
/j s
P. O. BOX 9037 PARIS, TEXAS 75461-9037 (903) 7849234 FAX (903) 7U-1 798
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