15-Ordinance approving a zoning change, located at 3930 Lamar AvenueCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date: Originating Department: Presented By: Agenda Item No.:
06/10/11 Planning & Zoning Shawn Napier, P.E., Director of
Council Date: Commission Engineering, Planning and 15 .
06/27/11 Development
RECOMMENDED MOTION:
Public Hearing, first reading, deliberate and possibly act on an ordinance considering the petition of
Chester Owens for a change in zoning for property located on Lot 9, City Block 313, being located at
3930 Lamar Avenue from an Agricultural District (A) to a General Retail District (GR).
PoLicY IssuE(s):
Zoning; Public Hearing
BACKGROUND:
Chester Owens has requested 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 Lainar Avenue. Mr. Owens will utilize
this property as a retail store. The Planning and Zoning Commission recominended approval of this
request.
One individual spoke in favor of the request.
No one spoke in opposition to this request.
One person spoke regarding their concerns over possible drainage issues.
BOARD/COMMISSION RECOMMENDATION:
The Commission recommended approval of this request by a vote of 4-0.
EXHIsITS:
Ordinance, memo, photos, and aerial
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Otder
Expense
$
❑ Departrnent Report ❑ Resolution
Budgeted Amt
$
❑ Presentation ~ Ordinance
yTD Actual
$
~ Public Hearing ❑ Other
Acct Name
Acct Number
riscAL NoTES:
REVIEWED AND APPROVED BY:
* Administration Z City Clerk Z Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court Z Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities
City of Paris
Re%ised 2/04/08
99
DRAFT
S:/a[torney/ordwork/current/zoning 3930 Lamar Ave. 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 LOT 9, CITY
BLOCK 313 PARIS, LAMAR COUNTY, TEXAS AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, LOCATED AT 3930
LAMAR AVENUE FROM AN AGRICULTURAL DISTRICT (A) TQ A GENERAL
RETAIL DISTRICT (GR); 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 application
to amend City Zoning Ordinance No. 1710 of the City of Paris, as heretofore amended, to
rezone Lot 9, City Block 313, City of Paris, Lamar County, Texas, as more particularly
described in Exhibit "A" attached hereto, located at 3930 Lamar Avenue, Paris, Texas from
Agricultural District (A) to General Retail District (GR); 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 amendment; 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, Texas, as heretofore amended, is hereby further
amended to rezone Lot 9 City Block 313, City of Paris, Lamar County, Texas, as more
particularly described in Exhibit "A" attached hereto, located at 3930 Lamar Avenue, Paris,
'00
Texas from Agricultural District (A) to General Retail District (GR).
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 first and final reading this 27th day of June, 2011.
]oe McCarthy, Mayor Pro-Tem
In
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
w0 a
EXHIBIT "A"
Being all that certain tract or parcel of land
situated about 3 miles East from the City of Paris, County of
Lamar and State of Texas, a part of the Joseph Leach Survey
and also being a part of the same land conveyed W.H. Peterson
by S.E. Smith and wife, November 22, 1929, and of record in
Book 224, page 506 and a part of the same land conveyed
Myrle Hankins Randle and husband, Charles Randle, by Effie
Smith Hankins and of record in Book 343, page 66 of the Deed
Records of said County and State and being further described
as follows:
BEGINNING at an iron pin set for corner in the
South Boundary line of U.S. Highway No. 82, said point being
North 89° 31' East a distance of 141.2 feet from the
intersection of the South Boundary line of the above
mentioned Smith to Randle tract of land;
THENCE North 89° 31' East a distance of 104 feet
to an iron pin for corner;
THENCE South 1° 45' East a distance of 250 feet
to an iron pin for corner;
THENCE South 89° 31' West a distance of 104.0
feet to an iron pin for corner;
THENCE North 1° 45' West a distance of 250.0
feet to the place of beginning and containing 0.597 acre of land,
more or less.
- - 103
t.
rrere the o _
n , . -
Deed of Trust of even date herew3th of Gzantee to' _.axd M.
Trustes, for the benefit of the holdez of said note,
f ~
~
Lsve Graatal, Sold snd Qonveyal, :ad by dne pteames do C+nnt, &II sud Ocovey mito tbe said
Paul W. Horne and wife, Dorothy F. Horne, 1075 Cardinal T.ane, Paris,
Texas 75460
oi tlu Coemtq at Lamar , State of Texas atl that artain
tract or psrcel of land situated in Lamar County, Taxas, desaribed as
follm$, to-wits
Being a11 that certain trnct or parcel of land sit uated abaut
3 milee p,ast from the City of Paris, County of Laipar and State of Texas,
a part of •the Joseph Leach Survey and also beiug a part of the ssme land
conveyed W. E. PeteraoA by S. E. Smith and w1fe, Diovember 22, 1929, and
of record in Book 224, page 506 and a pnrt of the aarae land coaveyed
Myrle Hankins Randle and husband, Charles Randle, by Effie Smittt Hankins
aad of record in Book 343, paqe 66 of the Deed Recorda of said County
and Stste and beinq further describe8 as foliaws:
BEGINNING at an iron pin set for oorner in the South Bpuadary
line of U. S. Highway No. 82, said point being Nort3i 891 31' Bast a
distance of 141.2 feet front the interaeatiou of the South Boundary line
af the above meationed Smith to Ran81e tract of land;
TAENCB North 690 31' East a distance of 104 feet to an 3ron gin
for corner; THSNCE Soutis i° 45' East a distanCe of 250 feet to an iron pin
for coraert
THENCB South 890 31' west a distance of 104.0 feet ta an iron
pin for corner;
THL+NCB North 10 45' West a distance of 250.0 feet to the place
of beginning and vontaining 0.597 acte of iand, more or less.
104
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THE STATE OF TEX.AS, ~
coLx~r~ oF.__ L~
Know All Men By '1'hese Presents:
rmc I, sENntIi.EE RAxvLE,
of rLe Causey o# Lamar
, State o! Texas for awd in consideratioa o(
tLe am of - - - - - - - - - - - _ - - - - - - - - - - - - - - - - - - -
TENANDNO/100 ($10.00) DOLLAitS
,
and other good aad valuable oonsiderntfon
to me *d,*w4&@uwK-ta-b*4d1, bY PAUI, W. HORNE and wife, DOROTHY F. -°=U"'°.
HORNE, the receipt and sufficiency of which exe hereby acknowledged,
and $21,000.00 paid by First Federal Savixigs S Loan Association of
Paris for Panl W. xorne and wife, Dorothy F. Horne, at their special
instanae and reyuest, which sai8 sum of S21,000.00 is evf.denced by
vandor's lien note of the sAid Psul w. 8orne and w,ife, Dorothy P.
Horne, of evea date herewith, payable to F3rst Federal Savings 6 Loan
Associatioa of Paris, or order, at Paris, Texas, principal aAd interest
payable as in said note provided, the vendor's lien retained herein fs
hereby transferred and assigned to First Federal Savinqs & Loan
Aasocintion and it is aubrogated to all the righta t3iereto as ff it
were the originml grantor, and said indebtedness is further secured by
Deed of Truat of even date herewith of Grantee to ltichard M. .Aiais,
Trustee, fvr the benefit of the holder of said note,
~
Lave C.rsated, Sold and C.onvayed, ud by ttiese ptMot4 do Gtaa4 6eII sod Coom nato tbe =id
Paul W. Horrie and wife, Dorothg P. Horne, 1075 Cardinal Lane, Paris,
Texas 75460
of tbe Cooa4y of Lamar , Sws of TexAS di thot cwtaia
tract or parcel of land situated 3n Lamar County, Texas, described as
follows, to-Witc
Being all that certain tract or parcel of.land sit uated about
3 miles Eaet from the City of Paris, County of I,amar and State of Texas,
a part of -the 3oseph Leach Survey and also being a part of the same land
conveyed w. H. Petersoa by S. E. Sm3,th and wi#e, November 22, 1929, an@
of record in 8ook 224, page 506 and a part of.the s8me land comveyed
Myzle Bankins Randle and husband, Gharles RaAdle, by Sffie Smtth Har►kins
and of record in Book 343, page 66 of the Deed Aecords of said County
aad State and beinq turther described ns follaws:
BEGINNING at an iron pin set fox corner in the Sonth Bpundary
line of U. S. Hiqhway No. 82, said point being North 89° 31' 8ast a
dietance of 141.2 feet from the i.ntersection of the South Sonndary line
of the above mentioned Smith to Randle tract of land;
rwM THENCE North 690 31' EASt a distance of 104 feet to an iron pin
~
10
.TO: Chainnan and Members of the P]anning and Zoning Coimnission
Honorable Mayor and Members of the City Council
FRQ]Vi: Jeanna Scott, Plarming and Development Department
SUBJECT: Zoning Change Requests
BATE: 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. Chester Owens is requesting that the property located on Lot 9, City Block 313, being
located at 3930 Lamar Avenue, be rezoned from an Agricultural District (A) to a General
Retail District (GR). The Future Land Use Plan Map recommends this property be zoned
General Retail. I recommend approval of the petition.
cc: Gene Anderson, Interim City Manager
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COMMUNITY DEVELOPMENT DEFJaRTITi£NT
P. O. Box 9037 ■ Paris, Texas 75461 ■ 903-784-9234 ~c{4 t~,• ~;s ;
~2..
APPLICATION FOR ZONING CHANGE For office use only ReqMVQrt
Date Rcvd: Mtg Date:~ ~
TYPE OF ACTION REQUESTED: ❑ Zoning Change ❑
Specific Use Permit ❑ Planned Development
PROPERTY INFORMATION:
Address: Z c1 3 c) "aAoix A Y`
Name of Business or Building (if applicable): _
Lot I_ Block ,3 Subdivision ~
Current Zoning:
Proposed Zoning: (--A! ee'a)
What is the proposed use of the property? A-5496.) S.►~~..s
Describe the character and/or nature of uses of surrounding property. A!r4~)
Will the re-zoned designation be compatible with the classification and use of adjoining lands? 1'C/ No
If No, how do you propose to reduce any adverse impact?
,C Is the tract unsuitable for uses permitted under the present zoning classification? Yes C)
If No, why are you requesting a change in the permitting uses?
OWNER/APPLICANT INFORMATION: (It you are not the ownei, a peimisslon letter fiom the owner Is iequlred. If you are purchasing the property, a copy o►
tAe contract may be used In lleu o/a permisslon /etter ONLY IF the contract provldes that the purchase Is contlnpent upon tAa appllcent succesa/ully obta/ning a:oning
change.)
ApplicanYs Name: ~G X>,C-,g_~e
ApplicanYsAddress: L~D0 1 A1 . .,D~t 7< S~. ~o o 5~..~Pho~n^~ 21 44 -947 t' Z-L-v
Property Owner's Name:
PropertyOwner's Address: Phone:
REQUIRED SUBMITTALS (check those items which are included):
VrCompleted application signed by the owner/applicant If Planned Development requested, include also:
q,Copy of a deed with metes and bounds ❑ Four (4) copies of a preliminary site plan
[DePermission letter from owner
py of contract to purchase the property
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 com ' , hether herein specified or not. I certify that I am the owner of the above property or his
duly authorized agent.
Signed: Address: 'Va'!N s4-%- /.b~'1.~.~w.•~.~
Print Name: r ~ Phone Number: o
Date: 1~ Fax Number: r.~? • 9 L - o_S"
SWORN TO AND SUBSCRIBED BEFORE ME this Tll~day of ~A. i , 20-B--.
Notary Public, State of Texas
FILED: ~C; E
u
BY:
12/06
; SUSAN GATTON
Notary Public, State of Texas
My Commission Expires
I';Juf18 21. 2014
110