13-Ordinance approving and adopting revisions to the Future Land Use Plan MapCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submitzal Date:
Originating Department-
Presented By:
Agenda Item No.:
06/10/11
Planning & Zoning
Shawn Napier, P.E., Director of
Council Date:
Co~runission
Engineering, Planning and
13.
06/27/11
Develo ment
RECOMMENDED MOTION:
Public hearing, first reading, deliberate and possibly act on an ordinance adopting ainendments to the
Future Land Use Plan Map.
POLICY ISSLTE(S):
Future Land Use Map, Zoning; Public Hearing
BACKGROUND:
The current Comprehensive Plan and accompanying Future Land Use Map was adopted on September
6, 2001. A revised Map and Legend Explanations were adopted on May 12, 2008. Any zoning changes
which do not comply with the recommended uses shown on the Future Land Use Plan Map require a
formal amendment to such Map.
Evan and Melanie Butler is requesting that the property located on a 2.83 acre tract of land being part of
the Enoch Crow Survey #208, being located at 4680 Pine Mill Road be rezoned from an Agricultural
District (A) to Commercial District (C). The Future Land Use Plan Map recommends that this area be
zoned for Low Density Residential. On June 6, 2011, the Planning and Zoning Commission
recoininended that the City Council approve the ainendment to the Map that would allow for
Commercia] use.
The existing building was formerly a pottery store.
Planning and Zoning recommended approval of the amendments to the Future Land Use Plan Map, one
individual spoke in favor of the petition. No one spoke in opposition.
BOARDICOMMISSION RECOMMENDATION:
The Commission recommended approval of this request by a vote of 4-0.
EXHiBiTS:
Ordinance, memo, photos, and aerial
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Onder
Expense
$
❑ Departtnent Repoit ❑ Resolution
Budgeted Amt
$
❑ Presentation
Z Oriinance
y'rD Actual
$
Z Public Hearing
❑ Other
puct Name
Acct Number
FiscAL NoTES:
REVIEWED AND APPROVED BY:
E Administration Z City Clerk E Community Development ❑ EMS/IT ❑ Finance ❑ Fim
❑ Municipal Court E Legal ❑ Library ❑ Police E Eng./Public Works ❑ Utilities
Citv of Paris
Revised 2/04/08
69
Draft
S:attorney/ordwork/current/land use Draft 14680 Pine Mi116-27-11
ORDINANCE N0.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS
APPROVING AND ADOPTING REVISIONS TO THE FUTURE LAND USE PLAN MAP
FOR THE CITY OF PARIS FROM LOW DENSITY RESIDENTIAL (LDR) TO
COMMERCIAL (C), AS IT PERTAINS TO A 2.83 ACRE TRACT OF LAND BEING
PART OF THE ENOCH CROW SURVEY #208, LOCATED AT 4680 PINE MILL
ROAD, PARIS, LAMAR COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED
IN EXHIBIT "A" ATTACHED HERETO; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A
SEVERABILITY CLAUSE, A PENALTY CLAUSE AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Section 211.004 of the Local Government Code requires that all zoning
regulations must be adopted in accordance with a comprehensive plan and must be designed to
lessen congestion in the streets; secure safety from fire, panic, and other dangers; promote health
and the general welfare; provide adequate light and air; prevent the overcrowding of land; avoid
undue concentration of population; and/or facilitate the adequate provision of transportation,
water, sewers, schools, parks, and other public requirements; and,
WHEREAS, on September 6, 2001, the City Council of the City of Paris enacted Ordinance
No. 2001-054 which adopted a new Comprehensive Zoning and Land Use Plan for the City of Paris;
and,
WHEREAS, on May 12, 2008, the City Council of the City of Paris enacted Ordinance No.
2008-016 amending the Future Land Use Plan Map and Future Land Use Plan Map Legend
Explanations; and,
WHEREAS, on June 6, 2011 the Planning and Zoning Commission held a public hearing to
review and consider a request to amend the Future Land Use Plan Map as it pertains to a 2.83 acre
tract of land being part of the Enoch Crow Survey #208, located at 4680 Pine Mill Road of the City
of Paris, Lamar County, Texas, as more particularly described in Exhibit "A" attached hereto, from
Low Density Residential (LDR) to Commercial (C), and following the public hearing voted to
recommend the amendment to City Council; and,
WHEREAS, on June 27, 2011, the City Council of the City of Paris held a public hearing to
receive input from the citizens of the City of Paris regarding the proposed amendments to the
Future Land Use Plan Map as set forth in Exhibit "A" attached hereto; and,
WHEREAS, following the public hearing and consideration of the proposed amendments to
the Future Land Use Plan Map for the City of Paris, the City Council determined that these
amendments would be in the best interest of the City of Paris and its citizens, and the same should
be approved.
. . 70
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 proposed amendment to the Future Land Use Plan Map of the City of
Paris, as more particularly described in Exhibit "A" attached hereto and incorporated herein, be
and is hereby approved and adopted.
Section 3. 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 4. 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 5. 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 6. 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 7. That by a supermajority vote of _ ayes and _ nays, the City Council voted
to suspend the rule requiring two readings before adoption of this ordinance.
Section B. That this ordinance shall become effective from and after its passage of the
first reading and publication as required by law.
1 1 71
PASSED AND ADOPTED on this June 2 7, 2011.
Joe McCarthy, Mayor Pro Tem
ATTESTED:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
- 72
Foster Land Surveying 17325 FM 197 Arthur City, TX 75411
(903) 739-9166 fx (903) 783-9159
Field Notes - 2.83 Acres
Situated within the limits of the City of Paris, in the County of Lamar, State of Texas, a
part of the Enoch Crow Survey #208 and being all of a tract of land conveyed to Geron L.
Stapleton and wife, Viola H. Stapleton by deed recorded in Vol. 491, Page 130 of the Deed
Records of said County and State and being an approximate 31' wide strip of land claimed by
said Geron L. Stapleton and wife, Viola H. Stapleton.
Beginning at a 3/8" capped iron pin (HF 5699) set in the South boundary line of Pine
Mill Road - County Road #42600 and being the Northwest corner of a called 2.6 acre Tract One
conveyed to Clyde Gibbons and wife, Debby Gibsons by deed recorded in Vol. 448, Page 17 of
the Real Property Records of said County and State, said point being the Northeast corner of the
Stapleton tract.
Thence South 0°04'0 1" East along a fence a distance of 940.00' to a 3/8" iron pin found
at the Southwest comer of the 2.6 acre tract and being the Southeast corner of the Stapleton tract
and being in the North boundaiy line of a called 16.25 acre tract conveyed to Jaines C. Ford and
wife, Glenna R. Ford by deed recorded in Vol. 256, Page 106 of said Real Property Records;
Thence North 89°39'47" West along the North boundary line of the 16.25 acres and
along a fence and passing a 3/8" capped iron pin (HF 5699) set at a distance of 100.00' at the
Southwest corner of the Stapleton tract and continuing on along a fence a total distance of
131.01' to a bois d'arc post found at the Southeast corner of a called 6.03 acre Tract Two
conveyed to Bill G. Coe and wife, Mary Lou Coe by deed recorded in Vol. 807, Page 81 of said
Real Property Records;
Thence North 0°OS'40" West along a fence and passing a bois d'arc post found at a
distance of 938.48' and continuing on for a total distance of 940.00' to a point in the South
boundary line of said Pine Mill Road;
Thence South 89°39'47" East along said South boundary line and passing a 3/8" capped
iron pin (HF 5699) set at a distance of 31.46' at the Northwest corner of the Stapleton tract and
continuing on for a total distance of 131.46' to the point of beginning and containing 2.83 acres
of land.
I, Hayden Foster, Registered Professional Land Surveyor, No. 5699 do hereby certify that the
plat and accompanying field notes represents an on the ground survey made under my direct
supervision. Research of recorded documents was made only for the purpose of determining the
boundary of this property and the adjoining parcels. Record documents other than those shown
on this survey may exist and encumber this property. There doesn't appear to be any
encroachments other than those shown hereon. The tract does not appear to be in a flood zone
according to the Flood Hazard Boundary Map for Lamar County, Texas Community Panel No.
480891-0008 A. Reference Bearing = the West boundary line of the 2.6 acre tract and depicted
on this plat as S 00°04'O1" E. Controlling Monuments are at the terminus of the Reference
Bearing. File 110401
Hayden Foster 414
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date 04/ 14/ 11
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Page 1 of 1
111 73
FX'r-9IBR e "A:
MEMORANDUM
TO: Chairman and Members of the Planning and Zoning Cominission
Honorable Mayor and Members of the City Council
FROM: Jeanna Scott, Planriing and Development Department
SUBJECT: Revisions to the Future Land Use Plan Map
DATE: May 26, 2011
The following proposed revision to the Future Land Use Plan Map will be presented at the
June 6, 2011, meeting of the Planning and Zoning Commission and the June 27, 2011, meeting of
the City Council of the City of Paris for consideration:
That the future land use recommended for the property located on a 2.83 acre tract of land
being part of the Enoch Crow Survey #208, being located 4680 Pine Mill Road, be changed
from Low Density Residential to Commercial. Following this request on the agenda will
be a public hearing to consider the zoning change which prompted the necessity for this
item. 1f the Commission recommends that the Future Land Use Plan Map not be revised
to Colnmercial, then the accompanying zoning request should be denied.
cc: Gene Anderson, Interim City Manager
" 74
CITY OF PARIS
COMMUNITY DEVELOPMENT DEPARTMENT
P. O. Box 9037 ■ Paris, Texas 75461 ■ 903-784-9234
APPLICATION FOR ZONING CHANGE For Office Us Only Request Number•
Date Rcvd: 5~Mtg Date:
TYPE OF ACTION REQUESTED: 3B°Zoning Change 0
Specific Use Permit ❑ Planned Development
PROPERTY INFORMATION:
Address: ~i ~ Q &C) V ` \1\\ 91-`
Name of Business or Building (if applicabie):
Lot Block Subdivision
Current Zoning: 0C
What is the proposed use of the property? _
Describe the character and/or nature of uses of surrounding
O-Q , -4- CC~C~i(1~2 ~CL~ ~ .11 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 ~
If No, why are you requesting a change in the permitting uses? 1S
"I N
c
OWNER/APPLICANT INFORMATION: (if you are not the owner, a permisslon leftar /rom fhe ownerls requlred. I(you are purcAesing the property, a copy o/
the confracf may be used in Ileu o/a permissJon letter ONLY IF the contratt provides that fhe purchase Is cont/ngent upon the appllcant successfully obfalning a xoning
change.)
Applicant's Name:
ApplicanYs Address:
Property Owner's Name:
Property Owner's Address:
REQUIRED SUBMITTALS (check those items which are included):
C3'Completed application signed by the owner/applicant
❑ Copy of a deed with metes and bounds
-rlfertnission letter from owner
-E+C-o,py of contract to purchase the property
Phone:
' `1S~lloPhone: ~c?,Ll-
If Planned Development requested, include also:
-P FeEIF (4) copies of a preliminary site pian
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 compfied with, whether herein specified or not. I certify that 1 am the owner of the above property or his
duly authorized agent.
Signed: Address: ~ ~ ~O~
Print Name: Phone Number:
Date: - - Fax Number:
SWORN TO AND SUBSCRIBED BEFORE ME this I (;"\d-ay of 20~.
Nota u ic, State of Texas
o~~':r n~e JEANNA SCOTT 12/06
FILED: 11 r • ,
5TATE OF TEXAS
AAy Camm, EV. 01/26/2015
~ ~
MAY 2 3 2011
BY: _
Proposed
1~ n, «
75
"NOTICE OF CONFIDENTIALITY AIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INF4RMATION
FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER"
WARRANTY ED
i
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR §
THAT, THE LTNDERSIGNED, THE ESTATE of VIOLA H. STAPLETON, by and
through NELDA VAUGHAN, Independent Executrix, hereinafter called "Grantor", whether one
or more, for and in consideration the sum of TEN DOLLARS ($10.00) and other valuable
consideration to the undersigned in hand paid by the Grantee herein named, the receipt of which is
hereby acknowledged, and the further consideration of the execution and delivery by the Grantee of
that one certain promissory note of even date herewith in the principal sum of $80,000.00, payable
to the order of LIBERTY NATIONAL BANK IN PARIS, as therein specified, providing for
acceleration of maturity and for attorney's fees, the payment of which note is secured by the vendor's
lien herein retained, and is additionally secured by a Deed of Trust of even date herewith to
TERESA L. WOODARD, Trustee,. has GRANTED, SOLD AND CONVEYED, and by these
presents does GRANT, SELL AND CONVEY unto EVAN BUTLER and wife, MELANIE
BUTLER, and EVAN K. BUTLER and wife, AMY MATHEWS, herein referred to as
"Grantee", whether one or more, the following described real property:
SEE EXHIBIT A ATTACHED;
This conveyance, however, is made and accepted subject to any and all outstanding mineral
interest, restrictions, reservations, easements, covenants and conditions, if any, relating to the
hereinabove described property as the same are filed for record in the County Clerk's Office of
Lamar County, Texas, i1lClud111g the followillg: Overhend power line and a!l other mntters shown on survey by
Havden Foster, RPLS of Te.ras #5699 tlated Apri! 15, 2011.
TO HAVE AND TO HOLD the above described premises, together with all and singular the
rights and appurtenances thereto in anywise belonging, unto the said Grantee, Grantee's heirs,
executors, administrators, successors and assigns forever; and Grantor does hereby bind Grantor,
Grantor's heirs, executors, administrators, successors and/or assigns to WARItANT AND
FOREVER DEFEND all and singular the said premises unto the said Grantee, Grantee's heirs,
executors, administrators, successors and/or assigns against every person whomsoever claiming or
to claim the same or any part thereof.
But it is expressly agreed that the Vendor's Lien, as well as Superior Title in and to the above
described premises, is retained against the above described property, premises and improvements
until the above described note and all interest thereon are fully paid according to the face, tenor,
effect and reading thereof, when this Deed shall become absolute.
~ I 76
Part of the Enoch Crow Survey 4208
pob Pine Mill Road - County Road #42600
Tract One
2.7 acres
S 89'39'47" E~
131.46'
0938.48'
Bill G. Coe and wife,
tVlary Lou Coe
Tract Two - 6.03 acres
Vol. 807, Page 81 RP
File 110401
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and wife,
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Clyde Gibbons and wife,
Nellie Jean
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Debby Gibbons
Anthony
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Vol. 448, Page 17 RPR
3.45 acres
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: Geron L.
Tract I Tract
Vol. 113,
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Stapleton
page 253 RPR
One Two
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2,6 acres ~ 2.0 acres
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Viola H.
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VoL 491,
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deed=247.5' I 100.00, deed=123' deed=100' deed=160'
meosured=256' 123•5299•7' 160.57'
•
James C. Ford and wife, LIGlenna R. Ford 16.25 acres Vol. 256, Page lOb RPR
; N 89'39'47" W
04/15/11 131 . 01 '
Hayden';, oster RPLS #5699 date
0capped iron pin found - survey line
iron pin found - - - - = easement/building line OF
-Q = Yz" iron pin found overhead power line hrz~;`;, .4 ~'Z"'
S.
OO =-Y8 " iron pin found 3f = fence
O= iron pipe found woter meter
bois d'arc post found gas meter
0 = telephone pedestal
~ = post found
conc. highway marker found 0 = fire hydront Y~~ ~
QE = elec. trans. pedestol scale I"=150'
4;~ capped iron pin pob = point of beginning
(HF 5699) set .
I, Hayden Foster, Registered Professional Land Surveyor, No. 5699 do hereby certify that the plat and accompanying field notes represents an
on the ground survey made under my direct supervision. Research of recorded documents was made only for the puipose of determining the
boundary of this property and the adjoining parcels. Record documents other than those shown on this survey may exist and encumber this
property. There doesn't appear to be any encroachments other than those shown hereon. The tract does not appear to be in a flood zone
according to the Flood Hazard Boundary Map for Lamar County, Texas Community Panel No. 480891-0008 A. Reference Bearing = the West
boundary line of the 2.6 acre tract and depicted on thi s plat as S 00°04'0 1" E. Controlling Monuments are at the terminus of dle Reference
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80
MINUTES
REGULAR MEETING
PLANNING AND ZONING COMMISSION
CITY OF PARIS - CITY HALL
COUNCIL CHAMBERS
107 E. KAUFMAN STREET
PARIS, TEXAS
MONDAY, JUNE 6, 2011
5:30 O'CLOCK P.M.
The regular meeting of the Planning and Zoning Commission on Monday, June 6, 2011,
was called to order at 5:30 p.m. by Shawn Napier, Director of Engineering, Planning and
Development.
A. The following members were present:
James Price
Richard Hunt
Dennis Chalaire
Keith Barnett
B. The following members were absent:
Benny Plata
C. Shawn Napier, Director of Engineering, Planning and Development; and Jeanna
Scott, City Staff.
2. Election of an interim Chairman.
Motion was made by Keith Barnett, seconded by James Price to nominate Richard Hunt as
interim Chairman. Motion carried 3-0, 1 abstained.
3. Approval of minutes from previous meeting. (May 2, 2011)
Motion was made by Dennis Chalaire, seconded by Keith Barnett to approve the minutes
for the May 2, 2011 meeting. Motion carried 4-0.
4. Public hearing to provide an opportunity to present comments and written evidence and
consideration of and action on recommending to the City Council the adoption ofproposed
amendments to the Future Land Use Plan Map as follows:
A. That the future land use recommended for the property located on a 2.83 acre tract
of land being part of the Enoch Crow Survey #208, being located at 4680 Pine Mill
Road be changed from Low Density Residential at Commercial.
Public hearing was declared open.
. _ 81
A. The following individuals spoke in favor.
Evan Butler, property owner spoke in favor of the petition. Mr. Butler stated they
purchased the property and did not realize the zoning was not right since it had been
a pottery store. They bought the property to utilize it as an antique store.
Mr. Butler further requested the commissioners approve the future land use change
and zoning request change.
B. There was no opposition present.
Public hearing was declared closed.
Motion was made by James Price, seconded by Keith Barnett to approve the future land use
plan map change. Motion carried 4-0.
5. Public hearing and consideration of and action on the petition ofEvan and Melanie Butler
for a change in zoning from an Agricultural District (A) to a Commercial District (C), on a
2.83 acre tract of land being part of the Enoch Crow Sur-vey #208, being located at 4680
Pine Mill Road.
Public hearing was declared open.
A. The following individuals spoke in favor.
Evan Butler, property owner, spoke in favor of the petition.
B. There was no opposition.
Public hearing was declared closed.
Motion was made by Keith Barnett, seconded by Richard Hunt to approve the zoning
change request. Motion carried 4-0.
6. Public hearing and consideration of and action on the petition of Chester Owens for a
change in zoning fi°om an Agricultural District (A) to a General Retail District (GR) on Lot
9, City Block 313, being located at 3930 Lamar Avenue.
Public hearing was declared open.
A. The following individuals spoke in favor.
Mary Ann Hood, realtor, representing Mr. Chester Owens, spoke in favor. Ms.
Hood stated that Mr. Owens is purchasing this property to open a retail store. All
adjoining properties are currently zoned general retail. Ms. Hood requested the
commissioners approve the zoning change request.
82
B. There was no opposition.
Ms. Betty Entzminger, adjacent property owner, stated she is not here to speak in
opposition of the petition. Ms. Entzminger simply wanted to address concerns over
possible drainage and trash issues. Shawn Napier addressed Ms. Entzminger's
concerns over the drainage, stating the property owner will have to address drainage before
a building permit will be issued. The developer will have to follow City and State laws
regarding drainage. Ms. Entzminger further stated again she is not speaking in opposition
to the petition.
Public hearing was declared closed.
Motion was made by Dennis Chalaire, seconded by James Price to approve the zoning
change request. Motion carried 4-0.
7. Consideration of and action on the Preliminary Plat ofLot 1, BlockA, Burress 128
Addition, being located at 1215 Bonham Street.
No action taken. Dennis Chalaire would have to recuse from this item, in turn there would
be no quorum.
8. Consideration of and action on the Final Plat ofLot 1, BlockA, Burress 128 Addition, being
located at 1215 Bonham Street.
No action taken. Dennis Chalaire would have to recuse from this item, in turn there would
be no quorum.
9. Meeting adjourned at 5.44 p.m.
APPROVED THIS ST" DAY OF JULY, 2011.
Richard Hunt, Interim Chairman
83