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10-Petition of Greg Parks for a Change in Zoning for Lot 2, Block B of Sunrise Estates AdditionCITy COUNCII, AGENDA ITEM BRIEFING SHEET enda Item No.: Submittal Date: Originating Department: Presented By: ~ 10/17/l l Planning & Zoning Shawn Napier, P.E., Director of 10. Council Date: Commission Engineering, Planning and 10/24/11 Develo ment RECOMMENDED MOTION: Public Hearing, first reading, deliberate and possibly act on an ordinance considering the petition of Greg Parks for a change in zoning for property located on Lot 2, Block B, Sunrise Estates Additi.on, being located at 70 42°d Street N.E from a General Retail District (GR) to a General Retail District (GR) with a S ecific Use Permit 14) Da Cam . POLICY ISSUE(S): Zoning; Public Hearing BACKGROUND: Greg Parks has requested a change in zoning from a General Retail District (GR) to a General Retail District (GR) with a Specific Use Permit (14) Day Camp on Lot 2; Block B, Sunrise Estates Addition, being located at 70 42nd Street N. E. This facility will be utilized as an adult day camp; in order for this use to be allowed, the zoning must be changed to add a Specific Use Permit for a day camp. The Planning and Zoning Commission recommended approval of this request. Two individuals spoke in favor of the reyuest. One individual spoke in opposition to this request. $ppRD/COMMISSION RECOMMENDATION: The Commission recommended approval of this request by a vote of 7-0. EXHIBITS: Ordinance, memo, photos, and aerial BUDGET INFO: ACTION: ❑ Financial Report ❑ Minute Order Expense $ ~ Departrnent Report ❑ Resolution Budgeted Amt $ ❑ Pnesentadon ~ Ondinance yTD p~ctual $ ~ Public Hearing ❑ 4ther A,cct Name Acct Number FiscAL NoTES: REVIEWED AND APPROVED BY: Z Administration Z City C1erk ❑ Municipal Court Z Legal Z Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities City of Paris 58 Kevised L/UViun D RAFT 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 2, CITY BLOCK B, SUNRISE ESTATES ADDITION, CITY OF PARIS, LAMAR COUNTY, TEXAS, LOCATED AT 70 42°d STREET NE, FROM A GENERAL RETAIL DISTRICT (GR) TO A GENERAL RETAIL DISTRICT (GR) WITH A SPECIFIC USE PERMIT (14) DAY CAMP, 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 amendment to the Zoning Ordinance of the City of Paris to rezone Lot 2, City Block B, Sunrise Estates Addition, City of Paris, Lamar County, Texas, located at 70 42"D Street NE, from a General Retail District (GR) to a General Retail District (GR) with a specific use permit (14) Day Camp; and, WHEREAS, on October 3, 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 October 24, 2011, following notice and publication as required by law, th° 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 2 City Block B, Sunrise Estates Addition, City of Paris, Lamar County, Texas, located at 70 42ND Street NE, Paris, Texas from a General Retail District (GR) to General Retail District (GR) with a specific use permit (14) Day Camp. 59 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 the first and final reading this the 24th day of October, 2011. A.J. Hashmi, M.D., Mayor 60 MEMORANDUM TO: Chainnan and Members of the Planning and Zoning Commission Honarable Mayor and Members of the City Council FROM: Jeanna Scott, Planning and Development Deparhnent SUBJECT: Zoning Change Requests DATE: September 27, 2011 The following zoning change request will be presented at the October 3, 2011, meeting of the Planning and Zoning Commission and the October 24, 2011, ineeting of the City Council of the City of Paris for consideration: Greg Parks is requesting that the property lacated on Lot 2, Block B, Sunrise Estates Addition, being located at 70 42"d Street N.E., be rezoned from a General Retail District (GR) to a General Retail District (GR) with a Specitic Use Pennit (14) Day Camp. This facility will be utilized as an adult day camp; in order for this use to be allowed, the zoning must be changed to add a Specific Use Pennit for a day camp. The surrounding properties are currently zoned General Retail. I recommend approval of the petition. cc: Gene Anderson, Interiin City Manager 62 CCDTY OF PAR6~ ~~iVIFAUNfYY DEVELOPMENT DEPARTWiENY P. 0. Bott 5037 c Paris, 'fezas 75469 l- 903-784-9234 APPLGCATEON FOR ZON8NC CHANGE AGTIpA! EQUESTED: O Zoning Change 10 S ecific Use Permit ❑ Planned Development P6tOPERTY INFORNPATION: Address: 7 ~ ;l d pa nI 11-1 Name of Business or Building (if applicable): _9 ~"(T ~Se Lot Block Subdivision S Current Zoning: C-1Proposed Zoning: What is the proposed use of the property? ~ Describe the character and/or nature of uses of surrounding property. &,e,~ Will the re-zoned designation be compatibte with the classification and use of adjoining lands. Yes ! o Ii No, how do you propose to reduce any adverse impact? Is the tract unsuitable for uses permitted under the present zoning classification? If No, why are you requesting a change in the permitting uses? OwNER/APPLI(',ANT INFORMATION: (11 you are not the owner, a permiss7on letter Irom the owner Is requlred. ll you are purcAasing the property, a copy o/ the conlract may be used In lleu of a permisslon letter ONLY IF the conbectprovldes fhaf the purcAese Is conUnpant upon the eppllcsnf successfully o6talnlnp s zoning chanpe.) Applicant's Name: Applicant's Address: Property Owner's Name: Property Owner's Address: 130 Q(4 ~'PYS.Fr~q-"-,f J ropRED SUBMITTALS (check those items which are included): pleted application signed by the ownerlapplicant y of a deed with metes and bounds ❑ Permission letter from owner ❑ Copy of contract to purchase the property I have carefully read the comple State, and Federal Laws will be ,,nt. ~ duly authorizeo agp Signed: Print Name: ~ Date: ~ For Offi-ce Us Onl Request Plumber: Date Rcvd: O"a Mtg Dale: \ 15A c~ N Z 2~ zQ 7S ~ Z Phone: ~~3~ If Planned Development requested, include also: ❑ Four (4) copies of a preliminary site plan ion and know the same is true and correct. I hereby agree to comply with all provisions of local, with, whether herein specified or not. I certify that I am the owner of the above property or his SWORN TO AND SUBSCRIBED BEFORE NfiE this FILED: JEANNA SCOTT Notary PuWic STATE OF TEXAS s~` e My Comm. E)p. 01/26/2015 ~rm Address: Phone Number: Fax Number: day o . 20 Not u ic, ta e of Texas 12106 63 . _ - - - _ - • . 8 All ttut cenain b[, vace or parcel of land, IyinQ and belnQ sityaced whhin the . 191 Corporate Llmics of the Ucy of Parls, tartur County, Texas, a part of the Enoch Gow Survey, and being LOT 2 in BLOCK "B" of the SUNWSE ESTATES PART I ADDITION w Lanur County, Texas, as shown by Plat ot saW Addidon of ncord in i Envelope 242-B of the Lamar County Pfat Raordt. TH15 CONVEYANCE IS MADE AND ACCEP'TED SUBJEn' TO ALL VAUD AND SUBSISTING RESTRICTIOTIS, RESERVATIONS, COVENANTS, CONDITIONS, RIGHTS-OF- WAY, AND fJ►SEMENTS PROPERLY OF RECORD, IF ANY, AFFECTING THE ABOVE DESCRIBED PROPERTY. i i TO HAVE AND TO HOLD dx above-described premkes, toeedrcr wlth aq and sinQular the i rfefics and appurunances dwrcto in anywke belonoq uMn the satd GREG PARKS and wlfe, EDNA r PARKS, tfielr helrs and mlgm forcver, and I do hereby bind myselt, rtry hNrs, acaoors on8 adminlstracors, co Warnnc and Forever Defend, aQ and sMgular the sald pranlses wrto dro saW GREG PARKS and wlfe, EDNA PARKS, thetr hdrs and asslgm, aphw every persan wlwmsoever lawfuly clalmtg, or w clalm ttx same, or airy put thercof. Buc hb expressly agreed und sdpuuced duc the Verxlor's Lkn k rctalned aphist the abovr dacrtbed DroDeRY, Pnmkes md Improvemenu, undl the above-desalbed Nae, md aII Inoercsc diereon are tulry pald xcordlng co the fice md anor, efFect and readft when dik deed sFWtl bec«ne absoluu. WITNESS mp fwid at Park, Texas thk 11'day of luiwry, 2000- r jta- o TANIKA G. EPHEN RSTOTOLO 6~--~~ STATE OF TEXAS 8 S couNnr oF uruR a ThB inswmerrc wx xknawkdped beEore me on the h& dry of lanwry. 2000 by TANIKA G. STEPHENS ROTOLO. My tOmlllktbn e~Yez~~; N ANMF "'Tp 9"•••.• StlfR NOury'f Pftlftd IIitIC Redan ~ RP 941Pa6E 133 r..i., M~ rA6o t Real Property 941 Page 133 64 ~ . 1 r 1slt4RIt14ATYDB£D (M(tTfi Y$IYDOR'S WP.1R) a_ 9'9'~ @IlE ~71 A1S'a VT V ~ r p O C :K) 2 S r+i r ~ r+i tavoW wu. K£tv aY r COUNl IOF LAMAR s ~ rn z- mO X That l, TANIKA G. STEPNENS ROTOLO, "Grmoor" her&, not )obned by my spoum hereb becwse the herx-Yufoer daarted neahy k nry sepana DroPMY and b na a part of our homesond, never.havMnt bcen da4ned, Intended, oecupled or used as wch, our homatead comkft of aher property N County, Texas tor uW In casideratloo of the sum of TEN AND NO/100 (s 10.00) DOLLARS cash, and odwr tood and valuabk canslderatlon oo me paid by GREG PARKS uid wlfe, EDNA PARKS, "Gnnua" herein, dx rccelpt of wNicFi k bereby acknowkdged, and dw funixr conslderadon of the execudon md delNery by sald Grmoea of one certain Promissory Nooe of even daoe herewlth In the prlncipal sum of THIRTY TWO THOUSAND AND NO/100 DOU.ARS (t32,000.00), payable to the oMer of }IIBERNIA NATIONAL BANK, (hereln called "Mortp@ce"), bn►irig Inoenst at the nte dwrdn proMded; sald Noce connlning an atoorney's fee ctause and various xcelendon of mawrhy ctauses In cue of defaulc, and beln` secured by Vendor's Lkn uid Supnior Tide reolned heMn In hvor of Grmcors, and assleneA w MorWm, and also betria smred by a Deed of Tnut to Vir4inla Gaig, Truscee; and WHEREAS, MortYagee hu, at the speclal Inshnce and rcquest of Grantces, pald oo Gnntor THIRTY TWO THOUSAND AND NO/100 DOLLARS (f32,000.00), of the purcluse price of the Property herelnatter descrlbed, u rvidenced by the above dacribed Nott, said Vmdor's Lkr and Superior 71de a;alnsc said ptoperty securlna payment of said Note m hereby assltned, transFerred and delivered wlthout recourse w MortgaQee, Gnntor hercby conveylnQ to uld Mort¢aQee the sald Superbr Tfde w said property, wbrogadne said MortYaQee to ap the riahts and remeGla of Grantor In the premisa bp Nrtue of said Ilen; have Granad, Sold and Conveyed, and by thae presents do Gnnt, Sell and Convey, unto the said GVG PARKS and wife, EDNA PARKS, wlwse matilnY address ls 415 Ik ,G~' e?gL of the County of Lamar, SWtc of Texas, RP 941 PacE 132 Real Property 941 Page 132 - 65 AR 67 syf, r LM ~ ~ ~ ~ P 3S puZ1► . _3N~PuZb ; ~ ~ , ~ ~ _ f. ~ k ~ '~7 - 4 ' . ~ ..._.~,rm, y }d i 3~~ 1 i `~:yt; ..~.,,....v.►... 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