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12-POSSIBLY ACT ON ORD CONSIDERING PETITION OF RONNY BOLTON FOR CHANGE IN ZONINGCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 03/19/12 Planning & Zoning Shawn Napier, P.E., Director of Council Date: Commission Engineering, Planning and 12. 03/26/12 Develo ment RECOMMENDED MOTION: Fublic Hearing, first reading, deliberate and possibly act on an ordinance considering the petition Ronny Bolton for a change in zoning from a One-Family Dwelling District No. 2(SF-2) to a Commercial District (C), on Lot 13, City Block 305, being number 1415 19'h Street N.W. PoLICY IssvE(s): Zoning; Public Hearing BACKGROUND: Ronny Bolton has requested a change in zoning from a One-Family Dwellin~ District No. 2(SF-2) to a t Street N.W. Commercial District (C), on Lot 13, City Block 305, being number 1415 19 The Comprehensive Land Use Plan Map recommends this property be zoned Commercial. 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/COMMISSION RECOMMENDATION: The Commission recommended approval of this request by a vote of 5-0. EXHIBiTS: Ordinance, memo, photos, and aerial ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt $ ❑ Presentation Z Ordinance y'1'D Actual $ Z Public Hearing ❑ Other A,cct Name Acct Number FiscAL No'rES: REVIEWED AND APPROVED BY: * Administration [D City Clerk Z Eng., Planning & Dev. ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Library ❑ Police Z Public Works ❑ Utilities Citv of Paris Revised 2/04/08 48 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 PARTS OF LOT 13 BLOCK 305, CITY OF PARIS, LAMAR COUNTY, TEXAS LOCATED AT 1415 NW 19th STREET, FROM A ONE-FAMILY DWELLING DISTRICT N0. 2 (SF-2) TO A COMMERCIAL DISTRICT (C) 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 13 City Block 305, Paris, Lamar County, Texas, as more particularly described in Exhibit "A", attached hereto, located at 1415 19TH Street N.W., from a One-Family Dwelling District No. 2(SF-2) to a Commercial District (C); and, WHEREAS, on March 5, 2012, 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 March 26, 2012, 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 One-Family Dwelling District No. 2(SF-2) to a Commercial District (C) 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 Lot 13, City Block 305, more particularly described by metes and bounds in Exhibit "A", attached hereto and incorporated herein by reference being located at 1415 19th Street N.W., Paris, Lamar County, Texas, from a One-Family Dwelling District No. 2(SF- _ 1 42- 2) to a Commercial District (C). 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 B. 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 26th day of March, 2012. A.J. Hashmi, M.D., Mayor _ 1 ~"J 0 ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney 51 MEMORANDUM TO: Chairman and Members of the Planning and Zoning Commission Honorable Mayor and Members of the City Council FROM: Jeanna Scott, Assistant Building Official SUBJECT: Zoning Change Request DATE: February 28, 2012 The following zoning change request will be presented at the March 5, 2012, meeting of the Planning and Zoning Commission and the March 26, 2012, meeting of the City Council of the City of Paris for consideration: Ronny Bolton is requesting a change in zoning from a One-Family Dwelling District No. 2 (SF-2) to a Commercial District (C), on Lot 13, City B1ock 305, being located at 1415 19I' Street N.W. The Comprehensive Plan recommends this property be zoned CommerciaL I recommend approval of the petition. cc: Gene Anderson, Interim City Manager tl EXHIBIT N_ 5^ CITY OF PARIS COMMUNITY DEVELOPMENT DEPARTMENT P. 0. Box 9037 ■ Paris, Texas 75461 ■ 903-784-9234 For Offlice Use Onl Request Numbe • APPLICATION FOR ZONING CHANGE Date Rcvd:~9k 1 Mtg Date: ~ S I TYPE OF ACTION REQUESTED: av'Zoning Change ❑ Specific Use Permit ❑ Planned Development PROPERTY iNFORMATION: Address: 14 15 WV'' ~ 9 V Name of Business or Building (if applicable): LOfo[ c snqn- ` O L L 15 IC) l%J IC EN "Ql,, Lot 13 Block 30 s Subdivision Current Zoning: RLcS i~e,&JTt1-9L- Proposed Zoning: WM MEA. C I A L, What is the proposed use of the property? PA ►2K I N G Describe the character and/or nature of uses of surrounding property. W17 'z-' -3AfZ04CQ,vi~ BV'S ;^'t s S- QPHQ(-s-tn,Y S Ho P - Po-Tf2 I N.1Us ;-2 IE5 Will the re-zoned designation be compatible with the classification and use of adjoining lands? es o If No, how do you propose to reduce any adverse impact? Is the tract unsuitable for uses permitted under the present zoning classification? Yes / No If No, why are you requesting a change in the permitting uses? OWNER/APPLICANT (NFORMATION: (If you ere not ehe owner, a permission /etter (rom the owner Is requlred. If you are purc6aslnQ the property, a copy ot the contrecf may be usedln lleu ofa permisslon IetterONLY If the contractprovldes thatthe purchase /s cont/ngent upon the appl/cant successful/y obta/ning e xonlnp change.) ApplicanYs Name: -PoN f'l v ~ p(°-Tb N Applicant'sAddress: u 2- 1 N 'V4 - )/-171 Phone: 903 ° 7U5- I Z.8I Property Owner's Name: e'j ~ E b LT~ Property Owner's Address: 021 C.R. 43900 PP1iZ lS, Phone: 903"C) RpG4UIRED SUBMITTALS (check those items which are included): 26mpleted application signed by the owner/applicant If Planned Development requested, include also: opy of a deed with metes and bounds ❑ Four (4) copies of a preliminary site plan "Biaermission letter from owner -El-6epy 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 ail provisions of local, State, and al Laws will be complied wi , ether herein specifed or not. I certify that I am the owner of the above property or his duly aut orized a ent. Signed: Address: Print Name: ~ Phone Number. Date: Fax Number: SWORN TO AND SUBSCRIBED BEFORE ME this an%y of No ublic, State of Texas FILED: 12/06 ~~~1-1 E- FE~ ~ ~ 2012 'P! ~ Pa Y p~e JEANNA SCOTT 11--* ~~u~w~ ` Notary Pubiic 4 STATE OF TEXAS ~j ~~'.~h~ eF P My Comm. E.V. 01/26/2015 5 3 r---' - - " (`1jP "S#ttte nf TPxtts, 3930 9G S~S~~ ~ ~tnofa ~11 ~'i[en b~ ('~Ihcsc ~resents: (gountg af WtAR g THAT ve, THEODOAE 1tALTON STACGS and CHARLES NAYDEN STAGGS, both o( the County of Lamar, State of Tezas, for and in considcntion of tAe sum of Tan (410.00) aod esore DOLURS to us in lund paid by RONALD C. BOLTON, in cash. receipt of vhich 1n full Ss ~ heraby aeknwledged; acidlamm ' ( j have Granted, Sold anJ Conveyed, and by these prcsents do Crant. Sell and Convey, uoto the said RONALD G. BOLTON, whose mailinq aJdresx is 1421 19th Street NW, Parie. Texae 75460. ~ of Ihe County of Lamar, Sta1e of Texas, all ihal certain ( tract or parcel of land in Lamar County, Texae deecrlbad ae follove: A part of the JOHN HERRINGTON SURVEY w1th1n the corporate limite of the City of Paris, about one (1) mile North 50 Deg. West from the Plaza, and being tfie same tract of land described in deed from Cene Alexandet et ux. to Charle■ Vard at uz.. 7 dated June 13, 1953, of record in Book 335, Page 261. Lamar County Dead Racotds; 7 deacribed by metea and bounds ae follove in accordance with asurvey mada by R. C. Berry, State Land Surveyar, on February 5. 1954: ~ BEGINNING at a atake in the iJB line of 19th Street NH (Carrette FeiTy Road) ~ at the SE cotner of a tract of land nov os formerly ovned by Earl Ficldsq T1iENCE WEST with Flelde' SB line 180 feet, a etake; a TH£NCE SOUTH 21 Deg. East 112 feet, a atake; ~ T1iENCE EAST 180 fee[, a etake iu the WB line of 19th Street MW; THENCE NORTH with esid 4B lina 112 faet to the place of beginning, and baing che eame property deecribed in deed to Evie Francea Steggs st al.. datad February 8, 1954, of record in Book 336. Paga 203. Lamat County Derd Recocds, and in deed to ( R? 619M171 ~ ~ ~ I7 . ~ , 4 i . , ' I .t Real Property 619 Page 171 54 39-4130 Thsodore Walton Staggs •t al., dsted February 2,•1989. of record in Book 12. Page 258, Lewr County Raal Yroperty Reeords; reference Deing made to all the above mentioned instruments and rteords for all necessary purposes. Tfie conveyane• avideneed Dy this deed is mede suDjact to the folloving, co the axtent •aeh affec[• the vithin described property or eny part thereof: 1. Haeement from Baes Hall Dunlap to Lone Star Gae Co., dated Sepcember 28, 1928, of record ln Sook 226, Yage 261, Lamar County Deed Aacorda; and 2. The reeervation of one-half of all oil, gae and other minerals 1n deed from C. H. Nall to G. J. Rosaer, of record in Book 288, Page 152, Lamac County Deed Records. TO HAVE AND TO HOLD the above described premises, toRether with all and singular the riahu and appuAenancca Ihereto in anywise helonRing unto the said RONALD G. BOLTON, his helrs ond usiQna forcvtr ond ve do hereby bind oureelves, our heirs, exccuton and administnton, to Warrant and Forever Defend, all and sinQular the aaid premises unto the said ROKALD C. BOLTON, hls heirs and assigna, againat evcry person whomsoever lawlully claiminQ, or to claim the same, or aay part thcreo(. WITNESS our hanb at Yaris. 'fexas, this Znd d+Y of July. . 96. . _ . (/.~f/~~ . 7Re RE WA LT N STA S HAY GCS ~ .....619:"172 . ~ Real Property 619 Page 172 55 ~V_-;0 ~ c"dn°w'kdgnm'► STATE OF TEXAS COUN7Y OF LA»AR This instrument waz acknowledQed before me on the 3114 day of July . 1996. by THEODORE WALTON STACCS and CHARCES HAYDEN SSAGCS. n- ~ • My commissj • N. ANNE HURO Notary Public, SWte of Texas ~ 'ND~y Pubkc Notary's printed name: .'O « . Corm~ E:PMM 4-13•1000 (4clma+led9ceeot) STATE OF TEXAS ~ COUTITY OF This instrument wu xknowledRed be(orc me on the day of , 19 , by ' My commission cxpira: Nobry Puhlic, Sta1e o( Tews NoUry's prinled name: STATE OF TE%AS (Coryorale Aclmowkdimcnt) ~ COUNi1' OF This instrument wu acknowiedaed be(orc me on the ctay of by o( 1 corpontion, on behalf of said coryoration. My commiuan cxpiret: Notary Puhlic, Stale of Tcuti NoUry's printcd name: ~ 2, a 1104 A11J Iti"`= ~ ~,SJGv j ,a•i~o , 19 , v sl9~l73 i I tl _j Real Property 619 Page 173 56 ~ F . N 0 - O ~ p O 00 F:~., . 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" rr•. - ' ~ ~ ~ 1~ k ` l., ~ ' i • y~~~, ~ry / . / rt1I~~1, ~ ' ~ L~} ~.1•. ~ •~x ` t ~S~,r i~~ `k f : ~ ~ . ~ , ~ • ' ~w r. ~ { y~, ~ ~ ttA ~ ~ t . ~L . ~ ~ ,y ~ i . . ~ ~ r ~ ~'+l'~C~- . ~ ~ / . t ~ ~ j~~' . y ~ , 1 'r, MEMORANDUM TO: Chairman and Members of the Planning and Zoning Commission Honorable Mayor and Members of the City Council FROM: Jeanna Scott, Assistant Building Official SUBJECT: Zoning Change Request DATE: February 28, 2012 The following zoning change request will be presented at the March 5, 2012, meeting of the Planning and Zoning Commission and the March 26, 2012, meeting of the City Council of the City of Paris for consideration: Ronny Bolton is requesting a change in zoning from a One-Family Dwelling District No. 2 (SF-2) to a Coinmercial District (C), on Lot 13, City Block 305, being located at 1415 19th Street N.W. The Comprehensive Plan recommends this property be zoned Coinmercial. I recommend approval of the petition. cc: Gene Anderson, Interim City Manager -1 59 ~ ~ y ~ ~~1 ~ • ~ ~1 •Q~~ ,A . r~l~~ ~ ~ f 4 ~ " , A ~ I ~ ~ ~C ~ ~ . f' {~S ~ , . ~ ~yya~ ' ~ • , • • ~ ~ f ' P ' ~ ~ C~ e+ 41'!R Y * ~ a +d r ;4 . : _e.s e~ , , . . . . _ . ~ . s 4-0 01 ~--I z Ln V-4 ~ ~ Vt"%'O S t. ~L w. r ' i~'~ •