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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 / fl r. C, T date 04/ 14/ 11 , HAYUEI~,FO .,...w~.....,. ,p 5699 ,,~~5'n~:rE S S1C 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 ~ \031.46' ! I I I brick I I I metal ~ bldg. p ~ O ( ~ S p 0 ~ E p~ ~ I ~ I barn bn 0 ~ I Hagh E. Anthon t~ a v 2.83 I and wife, ~ p IflACRES Clyde Gibbons and wife, Nellie Jean ~ M Debby Gibbons Anthony ~ Vol. 448, Page 17 RPR 3.45 acres E Q a ~ a ~ : Geron L. Tract I Tract Vol. 113, d ~ o Stapleton page 253 RPR One Two b ❑ o ~ and wife, ~ 2,6 acres ~ 2.0 acres b Viola H. E I Stapleton VoL 491, I ~ ~ M .0.~ Page 130 ~ M DR ' ~ ' , w o I o in ~r O ~ O CO O O I O Z (n 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 _ , _ _ _ _ ~ _ . , _ . . . . . - u..~ . ~ 7 f f f / ~ ~ ~ j. 1. ~ t Y v.. . ~ , ~ ~ ~ • ~ . a , ~ t~d.''~J . . ~ ~ ~ t . . ~ • ~ ~ <<~ . ~ • 1 4m Del 7 ~=~J , 78 i }r , r y r V .Y ~ 1+ l. ~ ~ ~ ~I • • ~ O O ~ ` i :3 i (D 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