14-Ordinance approving a zoning change, located at 4680 Pine Mill RoadCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
06/10/I 1
Council Date:
06/27/11
Originating Department:
Planning & Zoning
Commission
Presented By:
Shawn Napier, P.E., Director of
Engineering, Planning and
Develo ment
Agenda Item No.:
14.
RECOMMENDED MOTION:
Public Hearing, first reading, deliberate and possibly act on an ordinance considering the petition of
Evan and Melanie Butler for a change in zoning for 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 from an Agricultural District
(A) to a Commercial District (C).
PoLicY IssuE(s):
Zoning; Public Hearing
BACKGROUND:
Evan and Melanie Butler have requested 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 Survey #208, being
located at 4680 Pine Mill Road. Mr. & Mrs. Butler will utilize this property as an antique store; the
property was originally built and operated as a pottery store. 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.
E XHIBITS:
Ordinance, memo, photos, and aerial
AC'1"ION:
BUDGET INFO:
❑ Financial Report
❑ Minute Order
Expense
$
❑ Department Report
❑ P
i
❑ Resolution
i
Budgeted Amt
$
resentat
on ~ Ord
nance
Z Public Hearin
❑ Cth
y'I'D Actual
$
g
er
pcct Name
Acct Nutnber
FiscAL NoTES:
REVIEWED AND APPROVED BY:
~ Administration Z City Clerk Z Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court Z Legal ❑ Library ❑ Police E Eng./Public Woxks ❑ Utilities
City of Paris
Revised 2/04/08
84
D RAFT
S:/at[orney/ordwork/current/zoning 4680 Pine Mill/draft 6-27-11
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, SO AS TO REZONE A 2.83 ACRE
TRACT OF LAND BEING PART OF THE ENOCH CROW SURVEY #208, IN
THE CITY OF PARIS, LAMAR COUNTY, TEXAS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, LOCATED AT 4680
PINE MILL ROAD, PARIS, TEXAS, FROM AN AGRICULTURAL DISTRICT
(A) TO A COMMERCIAL DISTRICT (C); 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 for an amend
City Zoning Ordinance No. 1710, as heretofore amended, to rezone a 2.83 acre tract of land
being part of the Enoch Crow Survey #208, located at 4680 Pine Mill Road in the City of
Paris, Lamar County, Texas more particularly described in Exhibit "A" attached hereto from
an Agricultural District (A) to a Commercial District (C); and,
WHEREAS, on June 6, 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 June 27, 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 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.
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 a 2.83 acre tract of land being part of the Enoch Crow Survey #208, located at
85
4680 Pine Mill Road in the City of Paris, Lamar County, Texas, as more particularly
described in Exhibit "A" attached hereto, from Agricultural District (A) to Commercial
District (C).
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 first and final reading on this 27th day of June, 2011.
Joe McCarthy, Mayor Pro Tem
86
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
11 87
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 corner of the 2.6 acre tract and being the Southeast corner of the Stapleton tract
and being in the North boundary line of a called 16.25 acre tract conveyed to James 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°04'01" E. Controlling Monuments are at the terminus of the Reference
Bearing. File 110401 ~ 0 F c~
Hayden Fostei- ~ date 04/14/11
...HAYUf"I~.FOSTER,
. 5699
SUP`~~O¢
Page 1 of 1
~ X,HIRIT
88
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: May 26, 2011
The following zoning change request 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:
1. Evan and Melanie Butler is requesting that the property located on a 2.83 acre tract of land
being part of the Enoch Grow Survey #208, being located at 4680 Pine Mill Road, be
rezoned from an Agricultural District (A) to a Commercial District (C). Mr. & Mrs.
Butler will utilize this property as an Antique Store. The property was originally
Stapleton's Pottery for several years, when the city annexed the property it was annexed in
as an Agricultural District. I recommend approval of the petition.
cc: Gene Anderson, Interim City Manager
- 89
~
~
.
• ~ ~
. . _ ~ i . , . ~k w.7{
~
i ~ t ~r ~
. ~ ~
~
~
_
. . ~
.
, ~ ' . _ ♦ ~Y(F.'Y.a. .~L~1~"~R~
-1 90
~
all~
0
. O
0 ~
00 ~
(10
qt
t . _ .
~
~
ys
~ .
~ 7 f
-1 91
92
CITY OF RARIS
COhPMUNITY DEVELOPIViEPlT DEPARTflREFiT
P. O. Box 9037 v Paris, Texas 75461 r 903-784-9234
APPLICATION FOR ZOIi91NC°v CFiAPlGE For otrce us Only Request Number•
Date Rcvd: 5~ l LQ ~Ll Mtg Date:
T1'PE OF ACTION REQUESTED: L~Zoning Change ❑
Specific Use Permit ❑ Planned Development
PROPERTY INFORMATION: 1
Address: "1 l1C) \ Q`(~
Name of Business or Building (if applicable):
Lot Block Subdivision
Current Zoning: _
What is the proposed use of the property? _
Proposed Zoning:
Describe the character and/or nature of uses of surrounding pro
C,Q 4- Ccxra`c~e rci.~- ~
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 KE)
If No, why are you requesting a change in the permitting uses? 4 \S
Q OL Cfv~. i~ QA_ ~>u S
OWNER/p1PPLIC.ANT INFORMATION: (iI you are not the owner, a permisslon letter from rhe owner Is required. I/ you are purchasing the properry, a copy o/
ihe confract may be used fn Ileu of a permission letter ONLY IF the contract provldes that the purchase Is contingent upon the eppllcant success/ully o6falning a zoning
change.)
Appiicant's Name:
ApplicanYs Address: Phone:
Property Owner's Name: ~ V ox~
Property Owner's Address: Phone: C~,cJ-
■OENmosomasums somme■ ■ommen memo En■ ■w saenow eorNow Won soon Nsw MsOMEN manso S.N 0 esme■
REQUIRED SUBMITTALS (check those items which are included):
~ompleted application signed by the owner/applicant If Planned Development requested, include also:
❑ Copy of a deed with metes and bounds -E3-FeWfi(4) copies of a preliminary site plan
-f7ftftnission letter from owner
---B-E-opy of contract to purchase the property
I have carefuliy read the complete application and know the same is true and correct. I hereby agree to comply with all provisions of iocal,
State, and Federai Laws will be complied with, whether herein specified or not. I certify that i am the owner of the above property or his
duly authorized agent.
: Address:
Signed
Print Name: Phone Number: -
Date: - - Fax Number:
SWORN TO AND SUBSCRIBED BEFORE ME this ~ (~cTay of 20~.
Nota , u ic, State of Texas
=~o ."~sI JEANNA SCOTT
FILED: r • " 12I06
iNE
.
STATE OF TEXAS
~ ~t,
My Camt, EV. 01/26/2015
VE E VE ,
0~Y ~ ~ 201
~~:_~:`ti _ . ~ , 93
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 intei°im 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 ofand action on recomrnending to the City Council the adoption ofproposed
amendments to the FutuT e 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 paYt of the Enoch Crow Survey #208, being located at 4680 Pine Mill
Road be changed,fi^om Low Density Residential at Commercial.
Public hearing was declared open.
94
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 coinmissioners 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 Butles°
for a change in zoning ftonz an Agricultural District (A) to a Commercial District (C), on a
2.83 acre tract of land being par-t of the Enoch Crow Sui°vey #208, being located at 4680
Pine Mill Road.
Public hearing was declared open.
A. The following individuals spoke in favor.
Evan Sutler, 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 conside~~ation of and action on the petition of Cheste~~ Owens for a
change in zoning from 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.
1 1 95
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 concei-ns 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 of Lot 1, Block A, Buf-ress 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 o f and action on the Final Plat of Lot 1, Bloclc A, 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 STH DAY OF JULY, 2011.
Richard Hunt, Interim Chairman
96
"NOTICE OF CONFIDENTIALITY R.IGHTS: IF YOU ARE A NATURAL PERSOI`d, YOU
NI4Y REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION
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
<
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 NATIONAi, 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 BUTLE R 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, 111C1ud1T1g the followillg: Overhend power line and nll otAer mntters shown on survey by
Havden Foster, RPLS of Trxas #5699 dated 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 WARRANT 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 ~ 97
Part of the Enoch Crow Survey #208 ( F~le#: 110401
pob Pine Mill Rood - County Road #42600
S 89'39'47" E-' /
\@31.46'
131 .46
/
I
0g38.48
brick
metal
o ~ bldg.
O
O
°
~
0 I I
0 .
I
~
~
~ I I
I
m
E
rn
!
I barn
I
x j
Hugh E. Anthon
~ 2.83
I
and wife,
o ACRES
Clyde Gibbons and wife,
Nellie Jean
Bill G. Coe and wife,
Debby Gibbons
Anthony
v
Vol. 448, Page 17 RPR
'
3.45 acres
Tract One IVIary Lou Coe
~
2.7 acres Tract Two - 6.03 acres
Geron L.
Tract I Tract
Vol. 113,
Vol. 807, Page 81 RP
o
Stapleton
One Two
page 253 RPR
~
~ and wife, A I
2.6 acres ~ 2.0 acres
'
Viola H.
E I Stapleton
~ V01. 491,
I
Page 130
'
N : DR
~ I
~
M
I
~
I
w
~
I
~
C)
'
0
I
~
Q
0
0
I
C)
z
V)
deed=247,5'
I
100.00~
deed=123' deed=100'
deed=160'
measured=256'
~
~
123•52
99•7'
160.57'
L
OA
V
O
CG
~
~ M
L ~
~ a
~ N
, N
"d o
C ,
c~
h
L
v
on c
o ~
~
ce ~
b M
~
C
O
d
a
James C. Ford and w'ife, ~Glenna R. Ford 16.25 acres VoL 256, Page 106 RPR
~ N 89'39'47" W
131.01 '
04/ 15/ 1 I
Haydent. oster RPLS #5699 date
3z" capped iron pin found - survey line
111~- _iron pin found - - - - = eosement/building line
YZ" iron pin found -Df-= overhead power line ~lt,,zi?
QQ iron pin found fence
Q= iron pipe found water meter ~ f=
(g= bois d'arc post found gas meter N~
13 = post found 0 = telephone pedestal ~ j,,
= conc. hi9hwaY marker found 0 = fire hydrant
capped iron pin ~ = elec. trons. pedestal ~..,•~`~~,.f scale l"=150'
pob = point of beginning
(HF 5699) set
I, Hayden Foster, Registered Professional Land Surveyor, No. 5699 do hereby certify that the plat aud accompanying field notes represents an
on the ground survey made under my direct supervision. Research of recorded documents was made only for the putpose of determining the
boundary of this property and the adjoining parcels. Record documents other than those shown on this survey may exist and encumber dhis
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 Counry, 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°04'01" E. Controlling Monuments are at the terminus of the Reference