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
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