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
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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 .
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Real Property 619 Page 172
55
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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:
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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
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