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10-DELIBERATE/ACT ON ORD ADOPTING AMENDMENTS TO FUTURE LAND USE PLAN MAP ON LOT 3, CITY BLOCK 203, 2419 BONHAM STCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Otiginating Department: Presented By: Agenda Item No.: 04/12/12 Planning & Zoning Shawn Napier, P.E., Director of Council Date: Commission Engineering, Planning and 10. 04/23/12 Development RECOMMENDED MOTION: Public hearing, first reading, deliberate and possibly act on an ordinance adopting amendments to the Future Land Use Plan Map for the property located on Lot 3, City Block 203, being located at 2419 Bonham Street. 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. Alvin Atwood is requesting that the property located on Lot 3, City Block 203, being located at 2419 Bonham Street be rezoned from a One-Family Dwelling District No. 2(SF-2) to a Two-Family Dwelling District (2F). The Future Land Use Plan Map recommends that this area be zoned for Retail. On Apri12, 2012, the Planning and Zoning Commission recommended that the City Council approve the amendment to the Map that would allow for Moderate-Density Residential use. The property is currently being used as a residence. Mr. Atwood will be renovating an existing structure located at the back of the property. The structure will be utilized as an apartment. Planning and Zoning recommended approval of the amendments to the Future Land Use Plan Map. No one 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 6-0. EXHIBITS: Ordinance, memo, photos, and aerial ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation Z Ordinance yTD Actual $ Z Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration Z City Clerk Z Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court 0 Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 82 Draft ORDINANCE N0. 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 3, CITY BLOCK 203, CITY OF PARIS, LAMAR COUNTY, TEXAS, LOCATED AT 2419 BONHAM STREET PARIS, TEXAS, FROM RETAIL DISTRICT TO MODERATE-DENSITY RESIDENTIAL USE 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; and, WHEREAS, on April 2, 2012 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 property located on Lot 3, City Block 203, City of Paris, Lamar County, Texas, located at 2419 Bonham Street Paris, Texas, from Retail District to Moderate- Density Residential District, and following the public hearing voted to recommend the amendment to the Paris City Council; and, WHEREAS, on April 23, 2012, 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.; 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 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 for Lot 3, City Block 203, City of Paris, Lamar County, Texas, also known as 2419 Bonham Street, is hereby amended to change the future use designation from Retail District to Moderate- Density Residential District. 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 S. 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 B. 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 23rd day of April, 2012. A.J. Hashmi, M.D., Mayor . 84 - ~ J\1EA40 RANDUM T62: 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 IIATE: March 28, 2012 The following proposed revision to the Future Land Use Plan Map will be presented at the Apri12, 2012, meeting of the Planning and Zoning Commission and the April 23, 2012, meeting of the City Council of the City of Paris for consideration: That the future land use recommended for the property located on Lot 3, City Block 203, being number 2419 Bonham Street, be changed from Retail to Moderate-Density Residential. Following this request on the agenda will be a public hearing to consider the zoning change which prompted the necessity for this item. 1f the Commission recommends that the Future Land Use Plan Map not be revised to Moderate-Density Residential, then the accompanying zoning request should be denied. cc: Gene Anderson, lnterim City Manager _ _ ~ 066806-2809 Pagss: 4 Wp 02/12/2009 10:25:16 AM By: oreteh*nb Lamar Ceunly, TX I Kat Martowe un! Clsrk dl~o-Co ~Milli 11111_._.. . NOTICE OF CONFIDENTIALITY RIGHTS: IF YUU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLUWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR DRIVER'S LICENSE NUMBER. After Recording, Return To: Samuel R. Schwab & Alvin P. Atwood 2419 Bonham Paris, TeYas 75460 WARRANTY DEED WITH VENDOR'S LIEN (GRANTOR 15 LENDER) The State of Texas 8 S Know All Men by These Presents: County of Lamar S THAT I, RAGGON L. MAYER, acting herein by and through my Attorney-in-Fact, BILL E. KIRBY, duly appointed, (hereinafter called Grantor, whether one or more), of the County of Dallas, State of Texas, for and in consideration of the sum of TEN AND N0I100 DOLLARS ($10.00) and other good and valuable consideration to the undersigned paid by the Grantees herein named, the receipt of which is hereby acknowledged, and the further consideration of the execution and delivery by the said Grantees of one certain Promissory Note of even date herewith for the principal sum of THIRTY THOUSAND AND N0/100 DOLLARS ($30,000.00), payable to the order of Grantor, such note containing the usual and customary de#ault, acceleration of maturity and attorney's fee clauses, the payment of which Note is secured by the vendor's lien herein retained, and is additionally secured by a Deed of Trust of even date herewith fo Bill E. Kirby, Trustee; have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey un#o SAMUEL R. SCHWAB and ALVIN P. ATWOOD, (ca4led Grantees herein, whether one ar more), whose mailing address is 2419 Bonham Street, Paris, Texas 75460, of the Cvunty of Lamar, and State of Texas, all of the foltowing described real property in Lamar, County, Texas, to-wit: Ail that certain lot, tract or parcel of land, lying and being situated within the Corporate Limits of the City of Paris, Lamar County, Texas, a part of the Asa Jarmin Survey, and being LOT THREE (3) of the GI8B4NS-BRADEN ADDITION to the City af Paris, as shown by Plat of said Addition of record in the Plat Records of Lamar County, Texas. This conveyance is made and accepted subject to all restrictions, reservations, covenants, conditions, rights-of-way and easements vf record, if any, in Lamar County, Texas, affecting the above-described property; and further subject to the reservations and exceptions hereinafter made and with the restrictions and upon the covenants stated in Exhibit "A" attached hereto and made a part hereaf for all necessary purposes. TO HAVE AND TO HOLD the above-described premises, together with all and singular the rights and appurtenances thereto in anywise beionging unto the said Grantees, Grantees' heirs and . 87 066906-2009 02/12/2009 10:25:16 AM Page 2 of 4 assigns forever; and Grantor does hereby bind Grantor's heirs, executors and administrators, successors and assigns to WARRANT AND FOREVER DEFEND, ail and singular the said premises unto the said Grantees, Grantees' heirs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. But it is expressly agreed that the Vendor's Lien, as well as the Superior Title in and to the above-described premises, is retained against the above-described property, premises and improvements, until the above-described Note and all interest thereon are fully paid according to the face, tenor, effect and reading thereof, when this Deed shall become absolute. As taxes for the current year have been prorated, the payment of said taxes is hereby assumed by Grantees. EXECUTED this 14#h day of February, 2009. RAGGON L. MAYER ` By,ij~i,e"`"'" / - BiN E. Kirby, Attorney-in-Fact THE STATE 4F TEXAS S S COUNTY OF LAMAR S This instrument was acknowledged before me on the __10 day of February, 2009, by BILL E. KIRBY, as Attorney-in-Fact, on behalf of RAGGON ZYv ER ~ M~ A. i,,w~E Publi tate of -1165ZAT i'*•' = Notiary Public, Swe of Tioqie My Commieeion Ewiws _ ! ~„cf Moy 12, 2011 AGREED TO: 066906-2009 02/12/2009 10:25:16 AM Page 3 of 4 . • ; ' }r EXH1BfT A GRANTOR HAS EXECUTED AND DELIVERED THIS DEED AND. HAS GRANTED, BARGAINED, SOLD, AND CONVEYED THE PROPEItTY, AND GRANTEE HAS ACCEPTED THIS DEED AND HAS PllRCHASED THE PROPERTY, AS IS, WHERE l5, AIVD WtTH ALL . FAULTS, AND GRANTEE ACKNOWLEDGES THAT GRANTOR HAS NOT MADE, DOES NOT MAKE AND SPEC(FICALLY NEGATES AND DtSCLA1MS ANY REPRESENTAT10N5, WARRANTIES, PROMiSES, COVENANTS, AGREEMENTS OR GL[ARANT{ES tJF ANY KiND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR 1MPLiED, ORAL OR WRITTEN, PAST , PRESENT, OR ELITIIRE, OF, AS TO, C4NCERNING OR WITH RE5PECT TO {A} THE . VALUE, TiATURE, tZL1ALiTY OR CONDITION OF THE PROPERTY, (NCLUDtNG, W[THO[IT LIMITATION, THE WATER, SOIL, AND GEOLOGY; (B) THE 1NCflME TO BE DERIVED FROM THE PROPERTY; (C) THE SUITAB[i.ITY OF THE PROPERTY FOR ANY AND Ai.L ACTIVITIES AND USES WH[CH GRANTEE MAY CUNDUCT THEREON; (D) THE C4MPLIANCE 4F OR BY THE PROPERTY OR ITS OPERATION WlTH ANY i:AWS, RULES, ORDINANCE5 OR REGl1LAT[ONS OF ANY APPLtCABLE GOVERNMENTAL AUTHORITY 4R BOpY; (E) ?HE HABITABILJTY, MERCNANTABELITY, MARKETABILITY, PROFITABtLITY, OR FITNESS FOR A PARTICl1LAR P[1RPOSE OF THE PROPERTY; (F) THE MANNER OR QUALtTY OF THE CONSTRClCT10N 4R MATERIALS, IF ANY, ITIC4RPORATED tNT4 THE PROPERTY; (G) THE MANNER, QUALITY, STATE OF REPAIR, QR LACK OF REPAIR OF THE PROPERTY; OR (H) ANY 4THER MATTER WITH RESPECT TO THE PR4PERTY, A1dD SPEC[F[CALLY, THAT GRANTOR HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY DtSCLAIMS ANY REPRESENTAT(ONS REGARD(NG COMPLiANCE WITH ANY ENVIRONMENTAL PROTECTIQN, POLLUTION OR LAND EISE LAWS, RULES, REGV[.ATIONS, ORDERS, OR REQV[REMENTS, INCLl1D1NG THE D{SPOSAL OR EXISTENCE, 1N OR ON THE FROPERTY, OF AAIY HAZARDOLIS MATERIALS, EXCEPT THE wARRANTY OF T1TLE EXPRESSLY SET FORTH HEREIN; GRANTEE FttRTHER ACKNOWLEDGES AND AGREES THAT HAVING BEEN GlVEN THE OPPORTUNITY TO 1NSPECT THE PROPERTY, GRANTEE 1S RE4YiNG SOLELY ON HIS OWN INVF.STIGATION 0F THE PRQPERTY AND NOT QN ANY fNFORMATI4N PROV[DED OR TO BE PRCIYIDED BY GRANTOR AND ACCEPTS THE PROPERTY AND WAIVES ALI. OBJECTiONS 4R 89 066906-2009 02/12/2009 10:25:16 AM Page 4 of 4 GUVMS AGAIN57 GRANT4R (1NCLUDfNG Bt]T NOT LtMITED TO ANY R1GHT OR CLAIMS OF CONTRfBUTtON) ARlStNG FROM OR RELATING TO THE PROPERTY OR TD ANY HAZARDOt15 * MATERIALS ON THE PROPERTY. GRANTEE FIJRTHER ACKN4WLEDG£S AND AGREES THAT ANY INFORMATION PROVIDED OR TO BE PROYIDED WtTH RESPECT TO THE PROPERTY WAS OBTAINED FROM A VARfETY OF SOtJRCES AND THAT GRANTOR HAS NOT MADE ANY 1NDEPENDENT 1NVESTlGATION OR VERtF1CAT10N OF SUCH INFORMATION AND MAKES NO REPRESENTATIDN A5 TO THE ACCURACY OR COMPLETENESS OF S[!CN 1NFORMATION. GRANTOR 1S NOT LlABLE QR 80t1ND IN AhIY MANNER BY, ANY VERBAL OR WRI7TEN STATEMENTS, REPRESENTATiONS, OR INFORMATION PERTAINING TO THE PROPERTY OR THE OPERATt414 THEREOF, Fl1RNISHED BY ANY REAL ES7ATE BROKFRt AGENT, EMPLQYEE, A ' SERYANI', OR OTHER PERSON. GRANTEE FURTHER ACKh[OWf.EDG£S THAT TO THE MAXIMtIM F.X'TENT PERMITTED BY LAW, THE SALE OF THE PAOpERTY 15 MADE ON AN "AS IS° CONUtTION AND BASiS W1TH ALL FAULTS. fT IS FURTHER AGREED THAT ALL OF THE PROPERTY 15 SOLD BY GRANT4R AND PURCHASED SY GRANTEE SuBJECT TO THE FOREGOING. 90 N 41-lb N l~ , ~ O ~ ~ cn ~ 91 dr-tg~i F-~9 t 4M~ A 4 wd:r~ y' yy' ..y y.~«. . . ~ . IQN I , . . %P • h,~. , ~ 1 92