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11-ORDINANCE CONSIDERATION OF PETITION OF JIM NOBLE FOR CHANGE IN ZONING AT CITY BLOCK 201CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 12/06/11 Planning & Zoning Shawn Napier, P.E., Director of Council Date: Commission Engineering, Planning and 10. 12/12/11 Develo ment RECOMMENDED MOTION: Public Hearing, first reading, deliberate and possibly act on an ordinance considering the petition of We Reit, LLC for a change in zoning for property located on Lots 1-3, City Block 162; Lot 2, Block 1; Lot 1, Block 2; Lots 4-8, Block 6; Lots 1-10, Block 7; Lots 1-11, Block 8; Lots 7-12, Block 9; Lots 1-12, B1ock 10; Lots 1-12, B1ock 11; Lots 1-12, Block 12; Lots 1-12, Block 13, Texas & Pacific Addition, being located between South Church Street, 6`h Street S.E., Paris Boulevard and Union Pacific Railroad, from a Heavy Industrial District (HI) to a Heavy Industrial District (HI) with a Specific Use Permit (53) Loading, unloading or transloading of crude oil. POLICY ISSUE(S): Zoning; Public Hearing BACKGROUND: We Reit, LLC has requested a change in zoning from a Heavy Industrial District (HI) to a Heavy Industrial District (HI) with a Specific Use Permit (53) Loading, unloading or transloading of crude oil, on Lots 1-3, City Block 162; Lot 2, Block 1; Lot 1, Block 2; Lots 4-8, Block 6; Lots 1-10, Block 7; Lots 1- 11, Block 8; Lots 7-12, Block 9; Lots 1-12, Block 10; Lots 1-12, Block 11; Lots 1-12, Block 12; Lots 1-12, Block 13, Texas & Pacific Addition, being located between South Church Street, 6`" Street S.E., Paris Boulevard and Union Pacific Railroad. The Planning and Zoning Commission recommended approval of this request. One individual spoke in favor of the request. No spoke in opposition to this request. BOARD/CAMMISSION RECOMMENDATION: The Commission recommended approval of this reyuest by a vote of 4-0, 1-abstained. E XHIBITS: Ordinance, memo, and aerial AC'I'ION: BUDGET INFO: ❑ Financial Report ❑ Minute Orier Expense $ ❑ Departrnent Report ❑ Resolution Budgeted Amt $ ❑ Pmsentation ~ Ordinance bli yTD Actual $ ~ Pu c Hearing ❑ Other Acct Name Acct Number Fiscai. NoTES: REVIEWED AND APPROVED BY: Z Administration (D City C:1erk Z Eng., Planning & Dev. ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Library ❑ Police E Public Works ❑ Utilities City of Paris Revised 2/04/08 _ ~ 56 Draft ORDINANCE NO. 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 LOTS 1-3, CITY BLOCK 162, LOT 2, BLOCK 1; LOT 1, BLOCK 2; LOTS 4-8, BLOCK 6; LOTS 1-10, BLOCK 7; LOTS 1-11, BLOCK 8; LOTS 7-12, BLOCK 9; LOTS 1-12, BLOCK 10; LOTS 1-12, BLOCK 11; LOTS 1-12, BLOCK 12; LOTS 1-12, BLOCK 13, TEXAS & PACIFIC ADDITION, PARIS, LAMAR COUNTY, TEXAS, LOCATED BETWEEN SOUTH CHURCH STREET, 6T" STREET S.E., PARIS BOULEVARD AND UNION PACIFIC RAILROAD, FROM A HEAVY INDUSTRIAL DISTRICT (HI), TO A HEAVY INDUSTRIAL DISTRICT (HI) WITH A SPECIFIC USE PERMIT (53) LOADING, UNLOADING OR TRANSLOADING OF CRUDE OIL; 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 1710 of the City of Paris, as heretofore amended, to rezone lots 1-3, city block 162, lot 2, block 1; lot 1, block 2; lots 4-8, block 6; lots 1-10, block 7; lots 1-11, block 8; lots 7-12, block 9; lots 1-12, block 10; lots 1-12, block 11; lots 1-12, block 12; lots 1-12, block 13, Texas & Pacific Addition, Paris, Lamar County, Texas, located between South Church Street, 6t" street S.E., Paris Boulevard and Union Pacific Railroad, from a heavy industrial district (HI), to a heavy industrial district (HI) with a specific use permit (53) loading, unloading or trans-loading of crude oil; and, WHEREAS, on December 5, 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 December 12, 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: 57 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 Lots 1-3, City Block 162, Lot 2, Block 1; Lot 1, Block 2; Lots 4-8, Block 6; Lots 1- 10, Block 7; Lots 1-11, Block 8; Lots 7-12, Block 9; Lots 1-12, Block 10; Lots 1-12, Block 11; Lots 1-12, Block 12; Lots 1-12, Block 13, Texas & Pacific Addition, Paris, Lamar County, Texas, located between South Church Street, 6th Street S.E., Paris Boulevard and Union Pacific Railroad, from a heavy industrial district (HI), to a heavy industrial district (HI) with a specific use permit (53) for loading, unloading or trans-loading of crude oil; 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 12th day of _ _ ~ 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: November 29, 2011 The following zoning change request will be presented at the December 5, 2011, meeting of the Planning and Zoning Commission and the December 12, 2011, meeting of the City Council of the City of Paris for consideration: We Reit, LLC is requesting a change in zoning from Heavy Industrial District (HI) to a Heavy Industrial District (HI) with a Specific Use Permit (53) Loading, unloading or transloading of crude oil, on Lots 1-3, City Block 162; Lot 2, Block 1; Lot 1, Block 2; Lots 4-8, Block 6; Lots 1-10, Block 7; Lots 1-11, Block 8; Lots 7-12, Block 9; Lots 1-12, Block 10; Lots 1-12, Block 11; Lots 1-12, Block 12; Lots 1-12, Block 13, Texas & Pacific Addition, being located between South Church Street, 6`h Street S.E., Paris Boulevard and Union Pacific Railroad. I recommend approval of the petition. cc: Gene Anderson, Interim City Manager 60 , 1 61 CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 12/06/11 Planning & Zoning Shawn Napier, P.E., Director of Council Date: Commission Engineering, Planning and 11. 12/12/11 Development RECOMMENDED MOTION: Public Hearing, first reading, deliberate and possibly act on an ardinance considering the petition of Jim Noble for a change in zoning for property located on Lots South Part of 1 and South Part West 25' of 3, City Block 201, being located at 2246 Bonham Street, from a Neighborhood Service District (NS) to a General Retail District (GR). PoLIcY IssuE(s): Zoning; Public Hearing BACKGROUND: Jim Noble has requested a change in zoning from a Neighborhood Service District (NS) to a General Retail District (GR), on Lots South Part of 1 and South Part West 25' of 3, City Block 201, being located at 2246 Bonham Street. The Comprehensive Land Use Plan Map recommends this property be zoned General Retail. The Planning and Zoning Commission recommended approval of this request. Two individuals spoke in favor of the request. No spoke in opposition to this request. BOARD/ COMMISSION RECOMMENDATION: The Commission recommended approval of this request by a vote of 6-0. EXHIBITS: Ordinance, memo, photos, and aerial ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation ~ Ordinance yTD Actual $ ~ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: ~ Administration Z City Clerk Z Eng., Planning & Dev. ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court E Legal ❑ Libraty ❑ Police Z Public Works ❑ Utilities City of Paris Revised 2/04/08 6 4n 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 PARTS OF LOT 1 AND 3, CITY BLOCK 201, CITY OF PARIS, LAMAR COUNTY, TEXAS LOCATED AT 2246 BONHAM STREET, FROM A NEIGHBORHOOD SERVICE DISTRICT (NS) TO A GENERAL RETAIL DISTRICT (GR) DIRECTING A CHANGE ACCORDWGLY 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 parts of Lot 1 and part of Lot 3, City Block 201, City of Paris, Lamar County, Texas, as more particularly described in Exhibit "A", attached hereto, located at 2246 Bonham Street, from a Neighborhood Service District (NS) to a General Retail District (GR); and, WHEREAS, on December 5, 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 December 12, 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, and approved the rezoning of the property from a Neighborhood Service District (NS) to a General Retail District (GR) 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 part of Lot 1 and part of Lot 3, City Block 201, more particularly described by metes and bounds in Exhibit "A', attached hereto and incorporated herein by reference 63 being located at 2246 Bonham Street, City of Paris, Lamar County, Texas, from a Neighborhood Service District (NS) to a 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 by the city Council of the city of Paris, in regular session on this the 12th day of December, 2011. A.J. Hashmi, M.D., Mayor I - 64 ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney ~ 65 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: November 29, 2011 The following zoning change request will be presented at the December 5, 2011, meeting of the Planning and Zoning Commission and the December 12, 2011, meeting of the City Council of the City of Paris for consideration: Jim Noble is requesting a change in zoning from Neighborhood Service District (NS) to a General Retail District (GR), on Lots South Part of 1 and South Part West 25' of 3, City Block 201, being located at 2246 Bonham Street. The property has been utilized as a General Retail business in the past. The surrounding properties are currently zoned as General Retail. I recommend approval of the petition. cc: Gene Anderson, Interim City Manager 6~ C9TY OF PARlS COMMUNITY DEVELOPMENT DEPARTMENT P. O. Bott 9037 o Paris, Texas 75461 e 903-784-9234 APPL9CATIOR° FOR ZONIti9('s CF9AN(°sE TYPE OF ACTION REQUESTED: 9'~Zoning Change ❑ Specific Use Permit ❑ Ptanned Development PROPERTY INFORMATION: Address: Ga q `Y . 1. r Name of Business or Building (if applicable): \ Lot`_'Z~~o~~ Subdivision Current Zoning: S, Proposed Zoning:_ What is the proposed use of the property? Describe the character and/or nature of uses of surrounding property. Will the re-zoned designation be compatible with the classification and use of adjoining lands? Yes / o If No, how do you propose to reduce any adverse impact? Is the tract unsuitabie for uses permitted under the present zoning classification? es No If No, why are you requesting a change in the permitting uses? OWNEWAPPLICANT (NFORMATION: (11 you are not the owner, a permisslon letter /rom the ownerls requlred. 11 you are purchaslnp the pioperfy, a copy of the contrect maybe usedfn lleu ofa permissJon IetterONLYIF the contracfprovldes fhaf thepurchase Is conlingenf upon the eppllcent successfully obtalning a zoning change.) ~ ApplicanYs Name: ApplicanYs Address: Phone: Property Owner's Name: J \m Q)M Property Owner's Address: ~J3 • ~O.~ ~ 5. Phone: ■~~i~t~l~ti~f\/~~!l~f~~l~lE~[LEr[~A~~CLL[i~EEr~~E~~~IEE~~lfl'!~■ ■ ■~~Eili! R UIRED SUBMITTALS (check those items which are included): ■/l~i~ifi~~iliEE~~l~~!■ Gd'Completed application signed by the owner/applicant If Planned Development requested, include also: ❑ Copy of a deed with metes and bounds ❑ Four (4) copies of a preliminary site plan ❑ Permission letter from owner ❑ Copy 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 complied with, whether herein specified or not. I certify that I am the owner of the above property or his .Vz,p,d agent. ~ duly autho w Signed: Print Na Date: FILED For Office Use Only Request Number: Date Rcvd: \\\'SO` ~ Mtg Date Address: 3 3 C--- , Phone Number: Fax Number: ~ SWORN TO AND SUBSCRIBED BEFORE PVIE thiS VSw d y Of - 1 67 20l( k. JEANNA SCOTT ,n N012ry PUb11G , STATE OF TEXAS My Comm. E~. Ot/26/2015 +w e 12/06 ~ - / K .:,.(tl ~ r~ m s ~ O co tio ~ N N 69 _ ~ 70