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23-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 23. 05/23/11 Development RECOMMENDED MOTION: Public Hearing, first reading, deliberate and possibly act on an ordinance considering the petition of Mack Jones (Abundant Life) for a change in zoning for property located on Lots 13 and 14, Block 2, Gibbons Park Addition, being located at 847 6th Street S.E. from a One-Family Dwelling District No. 2 (SF-2) with a specific use permit (25) Nursery school, day nursery or kindergarten school to a One- Family Dwelling District No. 2 (SF-2) with a specific use permit (14) Day Camp in any One-Family Dwelling District. POLICY ISSUE(S): Zoning; Public Hearing BACKGROUND: Mack Jones (Abundant Life) has requested a change in zoning from a One-Family Dwelling District No. 2 (SF-2) with a specific use permit (25) Nursery school, day nursery or kindergarten school to a One- Family Dwelling District No. 2 (SF-2) with a specific use permit (14) Day Camp in any One-Family Dwelling District on Lots 13 and 14, Block 2, Gibbons Park Addition, being located at 847 6th Street S.E. Mr. Jones (Abundant Life) will utilize this property as a Day Camp facility for handicapped individuals. The Planning and Zoning Commission recommended approval of this request. Six individuals spoke in favor of the request. One letter was read in to record in opposition of the 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 City of Paris 146 Revised 2/04/08 - s/attorney/ordwork/current zoning 847 se 61h 5-23-11 Item # 23 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 LOTS 13 AND 14, BLOCK 2, GIBBONS PARK ADDITION TO THE CITY OF PARIS, LAMAR COUNTY, TEXAS AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, LOCATED AT 847 6T" SE PARIS, TEXAS, FROM A ONE FAMILY DWELLING DISTRICT NO. 2 (SF-2) WITH A SPECIFIC USE PERMIT (25) NURSERY SCHOOL, DAY NURSERY OR KINDERGARTEN SCHOOL TO A ONE FAMILY DWELLING DISTRICT NO 2 (SF-2) WITH A SPECIFIC USE PERMIT (14) DAY CAMP; 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 the City Zoning Ordinance No. 1710, as heretofore amended, to rezone Lots 13 and 14, Block 2, Gibbons Park Addition to the City of Paris, Lamar County, Texas as more particularly described in Exhibit "A" attached hereto, located at 847 6th SE Paris, Texas from a One Family Dwelling District No. 2 (SF-2) with a Specific Use Permit (25) Nursery School, Day Nursery or Kindergarten School to a One Family Dwelling District No. 2 (SF-2) with a Specific Use Permit (14) Day Camp; and 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 amendments 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 by a vote of _ ayes and -nays. 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. 147 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 Lot s 13 and 14, Block 2, Gibbons Park Addition to the City of Paris, Lamar County, Texas as more particularly described in Exhibit "A" attached hereto, located at 847 6th SE Paris, Texas from a One Family Dwelling District No. 2 (SF-2) with a Specific Use Permit (25) Nursery School, Day Nursery or Kindergarten School to a One Family Dwelling District No. 2 (SF-2) with a Specific Use Permit (14) Day Camp. 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 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. 148 Joe McCarthy, Mayor Pro Tern ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney 149 EXHIBIT "A" A Part of the Larkin Rattan Survey within the corporate limits of the City of Paris, and being Lots thirteen (13) and Fourteen (14) in Block Two (2) of the Gibbons Park Addition, according to plat of such Addition of record in Envelope 2-c, Lamar County Plat Records; described by metes and bounds as follows: BEGINNING at an iron rod in the EB line of 6th Street SE at the NW corner of Lot 13 above mentioned; THENCE NORTH 89 Deg. 45 Min. East 97.0 feet, and iron rod at the NE corner of Lot 14; THENCE SOUTH 0 Deg. 45 Min. 30 Sec. West 151.5 feet, an iron rod in the NB line of Polk Street at the SE corner of Lot 14; THENCE NORTH 89 Deg. 21 Min West 95.0 feet, an iron rod in the EB line of 6th Street SE, at the SW corner of Lot 13; THENCE NORTH 150.0 feet to the place of beginning, and being the same property described in deed to Gerald R. Stephens and wife, Wanda Sue Stephens, dated July 17, 1992, of record in Book 299, Page 100, Lamar County Real Property Records; reference being made to all the above mentioned instruments and records for all necessary purposes. - _ 150 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: 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. Mack Jones (Abundant Life) is requesting that the property located on Lot 13 and 14, Block 2, being number 847 6th Street S.E., be rezoned from a One-Family Dwelling District No. 2 (SF-2) with a specific use permit (25) Nursery school, day nursery or kindergarten school in the A, SF-1, SF-2, SF-3 and 2F Districts to a One-Family Dwelling District No. 2 (SF-2) with a specific use permit (14) Day camp in any One-Family or Two-Family Districts. Mr. Jones will utilize this property as a Day camp for mentally handicapped individuals. The property was utilized as a day care facility until recently. I recommend approval of the petition. cc: Gene Anderson, Interim City Manager 151 CITY Of PAR;IS: April 28, 2011 Planning and Zoning Commissioners RE: LETTER OF OPPOSITION 847 6`h STREET S.E. Dear Commissioners: The City of Paris Planning and Development Department received the attached letter on April 25, 2011. The letter is stating opposition to the zoning change request for the property located at 847 6`h Street S.E. Please note there are four signatures on letter, three are property owners and one is a renter. Please let me know if you have any questions regarding the letter. Sincerely, nna Scott Planning and Development Department /j s Enclosures P. O. BOX 9037 PARIS, TEXAS 75461-9037 (903) 7849234 FAX (903) 7841798 - 152 PAR i s, r~CAS 7aS ~G / I f7 1 171' C-- r _ . 4- , T-c 4- g~ s s,FC s~ ~qe~~~ r ~r ~~s -BSc, ,8o cvcofer!/ 04;%4W 4' APR 25 Ar,9:53 153 f f 9 ,~.vx Olt Y n h~ `xnf3~ Y kt 2~„ t J . fJ. OU } YAK* A 7,1 i IN i~~~ t •~f , j •yt" if #'f.~ : 8;~',,~ ~•*f, y 1; ' x'+:'. ~ tai ~ 'i.. is 'fv t 4. '44.41~4 .f Pt. R z - F;Ct •yy: ,ice 9 } ; a !a• ~~A ''Or j ' II ~ ..f• rf. r;i, ,t, let "'141( - r .f~►;f`'~ j; ~ tia8d~ r •1 ~ rr "'I. N i. 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