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09-AMENDING THE CITY'S FUTURE LAND USE MAP FOR COOPER PROPANECITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 08/08/11 Planning & Ioning Shawn Napier, P.E., Director of Council Date: Commission Engineering, Planning and 9. 08/22/11 Development RECOMMENDED MOTION: Public hearing, first reading, deliberate and possibly act on an ordinance adopting amendments to the Future Land Use Plan Map. POLICY ISSUE(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. Cooper Propane is requesting that the property located on Lot l, Block A, Cooper Propane 341 Addition, being located at 3015 South Church Street be rezoned from an Agricultural District (A) to Light Industrial District (LI). The Future Land Use Plan Map recommends that this area be zoned for Retail Commercial. On August 1, 2011, the Planning and Zoning Commission recommended that the City Council approve the amendment to the Map that would allow for Light Industrial use. The property is currently being used as a retail and bulk distribution outlet for propane gas. 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. BOARD/ COMMISSION RECOMMENDATION: The Commission recommended approval of this request by a vote of 7-0. EXHIBITS: Ordinance, memo, photos, and aerial ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation ~ Ordinance yTD Actual ~ Z Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: ~ Administration Z City Clerk 0 Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 - - 57 Draft s:attorney/ordwork/current/land use map/Cooper Propane 8-22-11 ORDINANCE NO. 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 AS IT PERTAINS TO LOT 1, CITY BLOCK A, COOPER PROPANE 341 ADDITION, CITY OF PARIS, LAMAR COUNTY, TEXAS, LOCATED AT 3015 SOUTH CHURCH STREET PARIS, TEXAS, AS FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, FROM RETAIL COMMERCIAL (RC) TO LIGHT INDUSTRIAL (LI) 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; 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 in accordance with Chapter 213 of the local government code; and, WHEREAS, on August 1, 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 the properry located on Lot 1, Block A, Cooper Propane 341 Addition, City of Paris, Lamar County, Texas, located at 3015 South Church Street Paris, Texas, as further described in Exhibit "A" attached hereto, from Retail Commercial (RC) to Light Industrial (LI), and following the public hearing voted to recommend the amendment to the Paris City Council; and, WHEREAS, on August 22, 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 amendment 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 amendment to the Future Land Use Plan Map for the City of Paris, the City Council 58 determined that this amendment would be in the best interest of the City of Paris and its citizens, and the same should be approved. 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 Future Land Use Plan Map of the City of Paris, Texas, be and hereby is amended as it pertains to Lot 1, Block A, Cooper Propane 341 Addition, Paris, Lamar County, Texas, as furthur 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 8. That this ordinance shall become effective from and after its passage of the first reading and publication as required by law. 59 PASSED AND ADOPTED on first and final reading this 22nd day of August, 2011. A.J. Hashmi, M.D., Mayor ATTESTED: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney 60 4.809 Acre City of Paris, Lamar County, Texas James Bourland Survey A-69 & George Bason Survey A-58 July 2011 Being 4.809 acre of land situated within the corporate limits of the City of Paris, Lamar CounTy, Texas, said 4.809 acre being part of the James Bourland Survey, Abstract Number 69 and the George Bason Survey A- 58, and being all of a called 1.8 acre tract of land conveyed from WM. Claude Walker and wife Cornela A. Walker to The Cooper Butane Company on September 4, 1962 and recorded in volume 392, page 429 of the Deed Records of said county, and also being a part of a called 7.94 acre tract of land conveyed from David Edzards to Cooper Butane Company on September 11, 1987, and recorded in volume 713, page 576 of the Deed Records of said county. The said 4.809 acre being more fully described by metes and bounds as follows: Beginning at a 3/g inch iron rod found at the most Western Southwest corner of the aforementioned called 7.94 acre Cooper Butane tract, said rod also being in the East right of way line of State Highway 19/24, and ' also being the Northwest corner of a called 1.00 acre tract of land conveyed from the Secretary of Housing and Urban Development of Washington, D.C. to Robert L. Ballard and Loyce J. Ballard on July 9, 2007 and recorded in volume 1911, page 42 of the Official Public Records of said county; Thence N 22°40'00" E, along the West boundary line of the aforementioned called 7.94 acre Cooper Butane Company tract and the East right of way line of State Highway 19/24 at a distance of 182.50 feet passing the Northwest corner of said called 7.94 acre tract and the Southeast corner of the aforementioned called 1.8 acre Cooper Butane Company tract and continuing on for a total distance of 546.50 feet to a'/2 inch iron rod found at the Northwest corner the said called 1.8 acre tract, said rod also being located at the most Western Southwest corner of a called 5 acre tract of land conveyed from Cecil Don Nabors and Rose Mary Nabors to Paul E. Lester on February 25, 1994 and recorded in volume 423, page 206 of the Real Property Records of said county; Thence S 67°20'00" E, along the common boundary line of the aforementioned called 1.8 acre Cooper Butane tract and the aforementioned called 5 acre Paul Lester tract a distance of 260.00 feet to a'/2 inch iron rod found; Thence S 22°40'00" W, continuing on along the common boundary line of the aforementioned called 1.8 acre Cooper Butane tract and the aforementioned called 5 acre Paul Lester tract a distance of 250.15 feet to a '/z inch iron rod found at the Southeast corner of said called 1.8 acre Cooper Butane tract, said rod being located at the most Southern Southwest corner of the said called Paul Lester tract and also in the North boundary line of the aforementioned called 7.94 acre Cooper Butane tract; Thence N 89°O 1' 11 " E, along the common boundary line of the aforementioned called 7.94 acre Cooper Butane tract and the aforementioned called 5 acre Paul Lester tract a distance of 196.50 feet to a'/2 inch capped iron rod set, from said rod a'/z inch iron rod found as witness to the Northeast corner of the aforementioned called 7.94 acre Cooper Butane tract bears N 8900 1'11" E a distance of 571.22 feet; Thence S 22°40'00" W, at a distance of 350.00 feet passing a'/z inch capped iron rod set as witness and continuing on for a total distance of 406.88 feet to a point in a pond. Said point being located in the South boundary line of the aforementioned called 7.94 acre Cooper Butane tract and in the North boundary line of a called 14.61 acre tract of land conveyed from David Edzards to Robert Ballard on April 28, 1988 and EXHIBIT . 61 recorded in volume 21, page 5 of the Real Property Records of said county, from said point a 3/8 inch iron rod found at the Southeast corner of said called 7.94 acre Cooper Butane tract bears N 89°0 1' 11" E(Reference Bearing), a distance of 593.77 feet; Thence S 89°01' 11" W, along the common boundary line of the aforementioned called 7.94 acre Cooper Butane tract and the aforementioned called 14.61 acre Ballard tract, at a distance of 40.00 feet passing a'/2 inch capped iron rod set as witness and continuing on for a total distance of 104.38 feet to a 3/g inch iron rod found at the Southeast corner of the aforementioned called 1.00 acre Ballard tract; Thence N 22°58'OS" E, along the common boundary line of the aforementioned called 7.94 acre Cooper Butane tract and the aforementioned called 14.61 acre Ballard tract a distance of 62.48 feet to a fence corner post for corner; Thence N 65°29' 13" W, continuing on along the common boundary line of the aforementioned called 7.94 acre Cooper Butane tract and the aforementioned called 14.61 acre Ballard tract a distance of 344.89 feet to the to the Point of Beginning and containing 4.809 acre of land. I, KEVIN K. WHITLEY, REGISTERED PROFESSIONAL LAND SURVEYOR, #5892, STATE OF TEXAS, HEREBY CERTIFY THE ABOVE IS TAKEN FROM MEASUREMENTS MADE UPON THE GROUND, CONDUCTED BY ME AND COMPLETED ON JULY 8, 2011. _4 62 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: Revisions to the Future Land Use Plan Map DATE: July 25, 2011 The following proposed revision to the Future Land Use Plan Map will be presented at the August 1, 2011, meeting of the Planning and Zoning Commission and the August 22, 2011, meeting of the City Council of the City of Paris for consideration: That the future land use recommended for the property located on Lot 1, Block A, Cooper Propane 341 Addition, being located at 3015 South Church Street, be changed from General Retail to Light Industrial. Following this request on the agenda will be a public hearing to consider the zoning change which prompted the necessity for this item. If the Commission recommends that the Future Land Use Plan Map not be revised to Light Industrial, then the accompanying zoning request should be denied. cc: Gene Anderson, Interim City Manager 63 i{ x ~ Fe . # .'...n 1l31 k. m• ~ : * ~ p ~ J~'!~+~ ~ . ~~+r s a~ 4 N~~~Y,.r r . . L ~ !i ~ ~ I t Ln ~ O - M ri : ~ 64 ~ . V) .c V ~ .C V t/i U*) ~ O ,m ~ I 65