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11-DELIBERATE/ACT CONSIDERING ALVIN ATWOOD'S PETITION FOR ZONING CHANGE FOR LOT 3, CITY BLOCK 203, 2419 BONHAM STCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 04/12/12 Planning & Zoning Shawn Napier, P.E., Director of Council Date: Commission Engineering, Planning and 11. 04/23/12 Development RECOMMENDED MOTION: Public Hearing, first reading, deliberate and possibly act on an ordinance considering the petition Alvin Atwood for a change in zoning from a One-Family Dwelling District No. 2(SF-2) to a Two-Family Dwelling District (2F), on Lot 3, City Block 203, being number 2419 Bonham Street. POLICY ISSUE(S): Zoning; Public Hearing BACKGROUND: Alvin Atwood has requested a change in zoning from a One-Family Dwelling District No. 2(SF-2) to a Two-Family Dwelling District (2F), on Lot 3, City Block 203, being number 2419 Bonham Street. The Comprehensive Land Use Plan Map recommends this property be zoned Retail; therefore the Comprehensive Land Use Plan Map must be changed to Moderate-Density Residential in order to approve the zoning request. The Planning and Zoning Commission recommended approval of this request. No one spoke in favor of the request. No one 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 Z Ordinance y'I'D Actual $ Z Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: 0 Administration Z City Clerk [D Eng., Planning & Dev. ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court E Legal ❑ Library ❑ Police ❑ Public Works ❑ Utilities City of Paris Revised 2/04/08 93 Draft ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE PARTS OF LOT 3 BLOCK 203, CITY OF PARIS, LAMAR COUNTY, TEXAS LOCATED AT 2419 BONHAM STREET, FROM A ONE-FAMILY DWELLING DISTRICT (SF-1) TO A TWO-FAMILY DWELLING DISTRICT (SF-2) 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 3 City Block 203, Paris, Lamar County, Texas, located at 2419 Bonham Street., from a One-Family Dwelling District (SF-1) to a Tow-Family Dwelling District (SF-2); and, WHEREAS, on April 2, 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 April 23, 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, 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 (SF-1) to a Two-Family Dwelling District (SF-2) 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 3, City Block 203, City of Paris, Lamar County, Texas being located at 2419 Bonham Street, Paris, Lamar County, Texas, from a One-Family Dwelling District (SF-1) to a Two-Family Dwelling District (SF-2). 94 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 S. 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 ayes and nays to suspend the rule requiring two readings before adoption of city ordinances. 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 23rd day of April, 2012 A.J. Hashmi, M.D., Mayor 95 ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney ~ 9 6 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: March 28, 2012 The following zoning change request will be presented at the April 2, 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: Alvin Atwood is requesting a change in zoning froin a One-Family Dwelling District No. 2 (SF-2) to a Two-Fainily Dwelling District (217), on Lot 3, City Block 203, being located at 2419 Bonham Street. Mr. Atwood is proposing a renovation of an existing structure located on the property. The structure will be utilized as an apartment. The Comprehensive Plan recommends this property be zoned Retail. cc: Gene Anderson, Interim City Manager 97 066806-2009 Pages: 4 WD 02/12/2009 10:23:36 AM By: oretehtnb Lamar Counly, TX .Kalll~lli ccl lllilnllll I ml~~lllllll~-- NOTICE OF CONFIDENTIALITY RIGHTS: IF YUU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING 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: Ssmuel R. Schwab & Alvin P. Atwood 2419 Bonham Paris, Texas 75460 1NARRAN?Y DEED WITH VENDOR'S LIEN (GRANTOR IS LENDER) The State of Texas 6 8 Know All Men by These Presents: County of Lamar b 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 af Dallas, State of Texas, for and in consideration of the sum of TEN AND NO/100 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 default, 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 unto SAMUEL R. SCHWAB and ALVIN P. ATWOOD, (ca4led Grantees herein, whether one or more), whose mailing address is 2419 Bonham Street, Paris, Texas 75460, of the County of Lamar, and State of Texas, all of the following described real property in Lamar, County, Texas, to-wit: A11 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 GIBBONS-BRADEN ADDITION to the City of 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 of record, if any, in Lamar County, Texas, affecting the above-described property; and further suqjec# 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 hereof for all necessary purposes. TO HAVE AND TO HOLD the above-described premises, toge#her with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantees, Grantees' heirs and 98 066906-2009 02J12/2009 10:25:16 AM Page 2 of 4 assigns #orever; 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 14th day of February, 2009. RAGGON L. MAYER ` c B yi 1 _ BiN E. Kirby, Attorney-in-Fact THE STATE OF TEXAS S S COUNTY OF 1AMAR S This instrument was acknowledged before me on the JV day of February, 2009, by BILL E. KIRBY, as Attorney-in-Fact, on behalf of RAGGON ZYIE R ~ ~~,N A. ~„w~E ry Pub li tate of -116-RaT i'•~ Notary Wibiic. State of TwAs MY Comfpieeian EWIF" ~ t;;c' Moy 12,2011 99 AGREED TO: 066906-2009 02/12/2009 10:25:16 AM Page 3 of 4 . • F' EXH1BlT A GRANTOR NAS EXECUTED AND DELIVERf:D THIS DEED AND. HAS GRANTED, BARGAINED, S4LD, AND CONVEYED THE PROPERTY, AND GRANTEE HAS ACCEPTED THIS DEED AND HAS PURCHASED THE PROPERTY, AS IS, WKERE 15, AIVD WlTH ALL FAULTS, AND GRANTEE ACKNOWLEDGES THAT GRANTOR HAS N4T MADE, DOES NOT MAKE AND SPEC(FICALLY NEGATES AND DI5CLAIMS ANY REPRESENTATtONS, WAItRANTlES, PROMlSES, COVEriANTS, AGRFEMENTS OR GC[ARANTfES OF ANY KiND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT, OR Fi1TL1RE, OF, AS TO, CONCERNING OR W1TH RE5PECT TO (A) THE VALUE, NATURE, QUALITI( OR CONDfTI4N aF THE PROPERTY, INCLUDtNG, W[THO[1T LIM[TATION, THE WATER, S4IL, AND GEOLOGY; (B) THE 1NCOME TO BE DERiVED FROM THE PROPERTY; (C) THE SUITABtLITY OF THE PROPERTY FOR ANY AND ALL AC71V1TIES AND USES WH[CH GRANTEE MAY CUNDUCT THEREON; (D) THE C4MPLlANCE 4F OR BY THE PROPERTY OR 1T5 OPERATION W1TH ANY LAWS, RULES, ORDINANCE,S OR REGLiLATiONS OF ANY APPLICABLE GOVERNMENTAl. AUTHORITY OR BODY; (E) THE HA611'AB1L(TY, MERCHANTABiLITY, MARKETABILlTY, PROFITABtLtTY, OR FITNESS FOR A PARTICULAR PllRPOSE OF THE PROPERTY; (F) THE MANNER OR QuALtTY OF THE CONSTRLlCT10N OR MATERIALS, IF ANY, INC4RPORATED INTO THE PROPERTY; (G) THE MANNER, QUAL(TY, STATE OF REPAlR, OR LACK OF ItEPAtR OF THE PROPERTY; OR (H) ANY 4THER MATTER W1TH RESPECT TO THE PROPERTY, AND SPEC(FiCALLY, THAT GRANTOR HAS NOT MADE, DOES NOT MAK£ AND SAECIFtCALLY DISCLAIMS ANY REPRFSENTAT(ONS REGARDfNG COMPLIANCE WITH ANY ENVIR4NMENTAL PROTECTI4N, POLLl1TlON OR LAND LlSE LAWS, RULES, REGCiLATiONS, 4RDERS, OR R£QVIREMENT5, 1NCL[1DiNG THE DISPOSAL OR EXISTENCE, 1N OR ON THE PItOPERTY, OF ANY HAZARDOLIS MATERIALS, EXCEPT THE WARRANTY OF T1TLE EXPRESSLY SET FORTH HEREIN; GRAIVTEE FURTHER ACKNOWLEDGES AND AGREES THAT HAVfNG BEEN GIVEN THE OPPORTt1N1TY TQ 1NSPECT THE PROPERTY, GRANTEE IS RELYING SOLELY ON HIS OWN INVESTIGATION OF THE PR4PERTY AND NOT ON ANY INFORMATION PROVIDED OR 74 BE PROVIDED BY GRANTOR AND ACCEPTS THE PROPERTY AND wAlVES ALI. oaJECTIoNS OR 100 066906-2009 02/12/2009 10:25:16 AM Page 4 of 4 Cl.AIMS AGAINSI' GRANTOR (1NCLUDlNG 8UT NOT LtMiTED TO ANY RIGHT OR CLA[MS OF CONTR18UTtON) ARISING FROM OR RELATtNG 7"O THE PROPERTY OR TO ANY HAZARDOl1S ' MATERIALS ON THE PROPERTY. GRANTEE FIJRTHER ACKNOWLEDGES AND AGREES THAT ANY 1NFORMATION PRUVIDED OR TO SE PROYIDED WtTH RESPECT TO THE PROPERTY WAS OSTAINED FROM A VARIETY OF SOURCLS AND THAT GRANTOR HA5 NOT MADE ANY lNDFPENDENT tNVESTIGATION tJR VERIFtCA7lON OF SUCH INFORMATION AND MAKES NO REPRESENTATI4N AS TO THE ACCURACY OR COMPLETENESS OF SL1CH INFORMAT[ON. GRANT4R JS NOT LIABLE OR 80LIND IN ANY MANNER BY, ANY VERBAL OR WRITTEN STATEMENTS, REPRESENTATIONS, OR tNFORMATtON PERTAINING TO THE PROPERTY OR THE OpERATl4N THEREOF, FIIRNiSHED BY ANY REAL ES7ATE BROKER, AGENT, EMPLQYEE, A SERYAN7, OR OTHER PERSON. GRANTEE FURTHER ACKNOWLEDG£S THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SALE OF TH£ PROPERTY iS MADE ON AN "AS 1S° C4NDITlON AAID BAStS Wl7H ALL FAULTS. iT 15 FURTHER AGREED THAT ALL OE THE AROPERTY 1S 50LD BY GRANT4R AND PLIRGHASED BY GRANTEE SLIBJECT TO THE FOREGOING. . 101 N -Ph N < <O ~ O ~ =r ~ r+ . - 102