CITY OF DECATUR, TEXAS Development Services 1601 S. State Street Decatur, TX (940) voice (940) fax

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1 CITY OF DECATUR, TEXAS Development Services 1601 S. State Street Decatur, TX (940) voice (940) fax Call to Order AGENDA Planning and Zoning Commission Meeting* Tuesday, January 7, 2014 at 6:00 P.M. City Hall Council Chamber 201 E. Walnut ITEM 1: Approval of December 3, 2013 Minutes. Non Public Hearing Items ITEM 2: FP Commission to hear staff report and take action to make a recommendation to City Council regarding Final Plat Application Christopher and Micah Fernihough s request, on behalf of Fernihough Developments, to Final Plat Lot 1, Block 1, Fernihough Addition, an addition to the Extra-Territorial Jurisdiction to the City of Decatur, Wise County, Texas, being a 4.32-acre tract (4.28-deed) of land situated in the Hugh Henderson Survey, Abstract No. 369, in Wise County, Texas, and being the same land described in deed made by Jon D. Meador, to Winfred B. Morgan and wife, Joan K. Morgan dated June 11, 1999 and recorded in Volume 876, Page 327, Real Records, Wise County, and being more commonly described as 2601 South U.S. Highway , Decatur, Texas. ITEM 3: V Commission to hear staff report and take action to make a recommendation to City Council regarding Variance Application Jeffery Pinkerton s request for a for a variance from Chapter 1, Section 106, Sidewalks of the City of Decatur s Design Standards on approximately linear feet along Mulberry Street and linear feet along Lane Street where adjacent to proposed Lot 1, Block 1, Pinkerton Place, and more commonly known as 701 North Lane Street of the City of Decatur, Texas. Public Hearing Items ITEM 4: RP Commission to hear staff report, public comments and take action to make a recommendation to City Council regarding Replat Application Rod Townsend s request, on behalf of The Decatur Independent School District, to Final Plat Lot 1, Block 1, Old School Addition, a replat of approximately acres of land as deeded to The City of Decatur, Texas in Volume 5, Page 223, and Volume 18, Page 154, Deed Records, Wise County, Texas, and as deeded to The Decatur Independent School District in Volume 83, Page 536, Volume 19, Page 500, and Volume 139, Page 368, Deed Records, Wise County, Texas, and being legally described as all of Block 2 and all of Block 3, Shoemaker Addition, part of Block 13, all of Block 14, part of Block 15, and part of Block 10, a portion of Cates Street (not opened and to be closed by this plat), a portion of Perry Street (not opened and to be closed by this plat), and a portion of an un-named street (not opened and to be closed by this plat), Tarlton Addition, Wise County, Texas and

2 more commonly referred to as 307 South Cates Street, 309 South Cates Street, and 403 South Hill Street, Decatur, Texas. ITEM 5: RP Commission to hear staff report, public comments and take action to make a recommendation to City Council regarding Replat Application Jeffery L. Pinkerton s request to Final Plat Lot 1, Block 1, Pinkerton Place, a residential replat of an approximately acre tract of land in the J. Tarlton Survey, Abstract No. 805, Wise County, Texas and being legally described as Part of Block 198, Tarlton Addition; and Part of Lot 4, Block 9, Part of Lot 6, Block 10, Range E, a portion of Cottonwood Street (not opened and to be closed by this plat), and a portion of an alley (not opened and to be closed by this plat), Devereux Addition, all according to the Official City Plat of Decatur, Wise County, Texas and being the same tract conveyed to Jeff Pinkerton as described in Volume 114, Page 727, Official Public Records, Wise County, Texas, and more commonly referred to as 701 North Lane Street, Decatur, Texas. ITEM 6: ZC Commission to hear staff report, public comments and take action to make a recommendation to City Council regarding Zone Change Application Stephen Todd and Susan Parks request to change zoning from a Single- Family 2 (SF-2) zoning district to a Restricted Business (C-1) zoning district on approximately 0.55 acres of land legally described as Lot 1R, Block G, Mrs. E. O. Cates Addition, as filed in Cabinet C, Slide 362, Plat Records, City of Decatur, Wise County, Texas and including approximately acres of land to the centerline of East Main Street, and approximately acres of land to the centerline of South Cates Street. The property is located at the intersection of East Main and South Cates Streets and more commonly referred to as 400 East Main Street, Decatur, Texas. Adjournment Prepared and posted this the 3 rd day of January, 2014 in accordance with Chapter 551, Texas Government Code. Dedra Denée Ragland, AICP Planning Director *NOTE: THE PLANNING AND ZONING COMMISSION RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING AT ANY TIME REGARDING ANY ITEM ON THE AGENDA FOR WHICH IT IS LEGALLY PERMISSIBLE UNDER THE TEXAS OPEN MEETINGS ACT PURSUANT TO LGC

3 Planning and Zoning Commission Minutes, December 3, 2013 Agenda Item 1 MINUTES A regular meeting of the City of Decatur Planning and Zoning Commission was held at 6:00 p.m., Tuesday, December 3, 2013 in City Hall Council Chamber with the following in attendance: MEMBERS PRESENT: William D. Edwards, Chairman Cecil LeMond, Vice-Chairman Terry Berube Amanda Cross ABSENT: Eddie Allen Jim Eaton OTHERS PRESENT: Planning Director Dedra Ragland, Public Works Director Earl Smith, Legal Counsel Patricia Adams and Development Review Coordinator Rachél Gafford representing staff, and Tony Lemieux representing an applicant. Chairman Edwards called the meeting to order at 6:00 p.m. ITEM 1: Approval of the November 5, 2013 Minutes Commissioner Berube made a motion to approve the November 5, 2013 Planning and Zoning Commission Minutes. Vice-Chairman LeMond seconded the motion. The motion carried 3-0, Commissioner Allen and Commissioner Eaton absent. Non-Public Hearing Items ITEM 2: FP Umesh Patel s request, on behalf of himself and Asha Patel and Sanjay and Padma Patel, to Final Plat Lot 1, Block 1, Telstar Motel Addition, being a acre tract of land in the G. M. Vigil Survey, Abstract No. 857, City of Decatur, Wise County, Texas, and being the same tract as described in deed as recorded in County Clerk s File No , Wise County, Texas and more commonly referred to as 103 N. Sunset Avenue, Decatur, Texas. Planning Director Ragland presented the staff report. Staff recommended approval of the final plat application. Vice-Chairman LeMond made a motion to approve the Final Plat Application Commissioner Berube seconded the motion. The motion carried 3-0, Commissioner Allen and Commissioner Eaton absent. ITEM 3: FP Tony Lemieux request, on behalf of Charles M. and Nancy Foster, to Final Plat Lot 1 and Lot 2, Block 1, Woodland Park North Addition, being all that tract or parcel of land lying and situated in the G. M. Vigil Survey, Abstract No. 857, in the City of Decatur, Wise County, Texas, being all the (called) 1.33-acre tract conveyed to Charles and Nancy Foster, May 5, 1999, by deed recorded in Volume 873, Page 820, Deed Records of Wise County, Texas and being more commonly referred to as 1502 N. U.S. Highway Bus., Decatur, Texas. S:\Development_Services\Planning\Agendas & Minutes\P&Z\Minutes\2013\12 December\ Min.docx 1 of 2

4 Planning and Zoning Commission Minutes, December 3, 2013 Planning Director Ragland presented the staff report. Staff recommended approval of the final plat application. Commissioner Berube made a motion to approve Final Plat Application Commissioner Cross seconded the motion. The motion carried 3-0, Commissioner Allen and Commissioner Eaton absent. ITEM 4: RP Dwight Reeves request, on behalf of First United Methodist Church of Decatur, Texas, to Final Plat Lot 1, Block 1, First United Methodist Church Addition, being a replat of a 0.87-acre tract of land and being Block 17, Original Town of Decatur, Wise County, Texas, according to plat recorded in Volume G, Page 455, Deed Records, Wise County, Texas, said 0.87-acre tract being all of the tracts as described in deeds to First United Methodist Church as recorded in Volume 83, Page 180; Volume 186, Page 265; Volume 194, Page 207; Deed Records, Wise County, Texas and Volume 1457, Page 100 and Volume 2342, Page 518, Official Public Records, Wise County, Texas and being more commonly referred to as 201 S. Church Street and 200 S. Miller Street, Decatur, Texas. Planning Director Ragland presented the staff report. Staff recommended approval of the final plat application. Commissioner Berube made a motion to approve Replat Application Commissioner Cross seconded the motion. The motion carried 3-0, Commissioner Allen and Commissioner Eaton absent. ITEM 5: Discuss and approve 2014 Meeting Schedule. Vice-Chairman LeMond made a motion to approve the 2014 Planning and Zoning Commission Meeting Schedule. Commissioner Berube seconded the motion. The motion carried 3-0, Commissioner Allen and Commissioner Eaton absent. The meeting adjourned at 6:18 p.m. William D. Edwards, Chairman ATTEST: Dedra Denée Ragland, Planning Director S:\Development_Services\Planning\Agendas & Minutes\P&Z\Minutes\2013\12 December\ Min.docx 2 of 2

5 CITY OF DECATUR, TEXAS Development Services 1601 S. State Street Decatur, TX (940) voice (940) fax STAFF REPORT January 7, 2014 Planning and Zoning Commission TO: Planning and Zoning Commissioners CASE: FP FROM: Dedra D. Ragland, AICP, Planning Director APPLICANT: Christopher & Micah Fernihough s request, on behalf of Fernihough Developments DATE: December 23, 2013 REQUEST: Final Plat Agenda Item 2 Case Notes: Commission to hear staff report and take action to make a recommendation to City Council regarding Final Plat Application Christopher and Micah Fernihough s request, on behalf of Fernihough Developments, to Final Plat Lot 1, Block 1, Fernihough Addition, an addition to the Extra-Territorial Jurisdiction to the City of Decatur, Wise County, Texas, being a 4.32-acre tract (4.28 acres-deed) of land situated in the Hugh Henderson Survey, Abstract No. 369, in Wise County, Texas, and being the same land described in deed made by Jon D. Meador, to Winfred B. Morgan and wife, Joan K. Morgan dated June 11, 1999 and recorded in Volume 876, Page 327, Real Records, Wise County, and being more commonly described as 2601 South U.S. Highway , Decatur, Texas. Legality: This property can be legally platted in accordance with Section 212 of the Texas Local Government Code. Issues: None. Recommendation: The plat meets the minimum requirements of the City of Decatur s Zoning Ordinance, Subdivision Regulations and the Design Standards. Staff recommends approval. Attachment: 1. Plat Exhibit Location Map S:\Development_Services\Planning\Development Review Cases\2014\Final Plats (FP)\FP Lot 1 & 2, Block 1, Fernihough Add\FP STAFF REPORT_PZ docx 1 of 2

6 ATTACHMENT 1 Final Plat S:\Development_Services\Planning\Development Review Cases\2014\Final Plats (FP)\FP Lot 1 & 2, Block 1, Fernihough Add\FP STAFF REPORT_PZ docx 2 of 2

7 CITY OF DECATUR, TEXAS Agenda Item 3 Development Services 1601 S. State Street Decatur, TX (940) voice (940) fax STAFF REPORT January 7, Planning & Zoning Commission Meeting TO: Planning & Zoning Commissioners CASE: V FROM: Earl Smith, Public Works Director Dedra Ragland, Planning Director 1 of 8 APPLICANT: Jeffery Pinkerton DATE: January 2, 2014 REQUEST: Sidewalk Variance along Mulberry Street & Lane Street where adjacent to proposed Lot 1, Block 1, Pinkerton Place Case Notes: Commission to hear and take action to make a recommendation to City Council regarding Variance Application Jeffery Pinkerton s request for a variance from Chapter 1, Section 106, Sidewalks of the City of Decatur s Design Standards on approximately linear feet along Mulberry Street and linear feet along Lane Street where adjacent to proposed Lot 1, Block 1, Pinkerton Place, and more commonly known as 701 North Lane Street of the City of Decatur, Texas. Legality: According to the Decatur Design Standards, where specific topographic or other conditions make variance from these standards necessary in order to achieve the best overall design, the Planning Director upon recommendation from the City Engineer and Public Works Director may modify these standards ( 101.7). The Planning and Zoning Commission may recommend and the City Council may authorize a variance from these standards when, in its opinion, extraordinary hardship will result from requiring strict compliance. Analysis: Per the following excerpts from Section 106 of the Decatur Design Standards, Sidewalks shall be required in all new subdivision as follows: 1. Sidewalks shall be constructed for all lots adjoining dedicated streets, along major thoroughfares where lots do not adjoin the street, across power line easements and in other areas where pedestrian walkways are necessary. 2. Sidewalks shall be designed and constructed to minimize pedestrian and automobile conflicts in order to provide the safest pedestrian access possible. 3. Sidewalks shall be designed and constructed so as to connect with existing pedestrian walkways and to assure connection with future pedestrian walkways. 4. Sidewalks shall be constructed either one (1) foot from the property line within the street right-of-way or within a dedicated sidewalk easement and shall extend along the street frontage including the side of corner lots and block ends. Lots requiring landscaping shall put trees between the sidewalk and the street. 5. Sidewalks along existing thoroughfares or streets so designated by the Master Plan shall be no less than four (4) feet in width. 6. Sidewalk construction may be delayed until development of lots, but in locations not adjacent to lots and across bridges and culverts, the sidewalk shall be constructed with the other improvements to the subdivision.

8 7. The plat or construction plans shall show the location of all proposed sidewalks and shall state at what stage of the project they will be constructed. 8. All sidewalks shall conform to ADA requirements. The Public Works Director/City Engineer does support the variance request for the following reasons: The applicant has made a proper request seeking a variance from the construction of a sidewalk along N. Lane and W. Mulberry Streets; 701 N. Lane Street. Variance request is based on the following reasons: 1. No other sidewalks exist in the area. 2. Mulberry Street is being considered for improvements by City. Closest existing sidewalks are about 650 feet east on N. Trinity St. Lots along N. Lane are large and sparsely populated with 7 apparent homes in 775 feet to next intersection south. Mulberry Street is classified as a collector street. At such time as improvements to Mulberry occur, sidewalks should be included as part of the project. Based on the above information, there appears to be no compelling reason to require sidewalks along N. Lane or Mulberry Streets at this time. This application is being processed concurrently with RP Recommendation: Staff recommends approval of the sidewalk variance request application. Attachments: 1. Location Map 2. Application and Letter from Applicant requesting variance 3. Sidewalk Variance Exhibit 4. Memo from Earl E. Smith, P.E., Public Works Director 2 of 8

9 Attachment 1 Location Map 3 of 8

10 Attachment 2 Application and Letter from Applicant Requesting Variance 4 of 8

11 5 of 8

12 6 of 8

13 Attachment 3 Sidewalk Variance Exhibit 7 of 8

14 Attachment 4 Memo from Public Works Director 8 of 8

15 CITY OF DECATUR, TEXAS Agenda Item S. State Street Decatur, TX (940) Voice (940) Fax STAFF REPORT January 7, 2014 Planning & Zoning Commission Meeting TO: Planning & Zoning Commissioners CASE: RP FROM: Dedra D. Ragland, AICP, Planning Director APPLICANT: Rod Townsend s request, on behalf The Decatur Independent School District and the City of Decatur DATE: December 23, 2013 REQUEST: Replat Application Case Notes: Commission to hear staff report, public comment and take action to make recommendation to the City Council regarding Replat Application Rod Townsend s request, on behalf of The Decatur Independent School District and The City of Decatur, to Final Plat Lot 1, Block 1, Old School Addition, a replat of approximately acres of land as deeded to The City of Decatur, Texas in Volume 5, Page 223, and Volume 18, Page 154, Deed Records, Wise County, Texas, and as deeded to The Decatur Independent School District in Volume 83, Page 536, Volume 19, Page 500, and Volume 139, Page 368, Deed Records, Wise County, Texas, and being legally described as all of Block 2 and all of Block 3, Shoemaker Addition, part of Block 13, all of Block 14, part of Block 15, and part of Block 10, a portion of Cates Street (not opened and to be closed by this plat), a portion of Perry Street (not opened and to be closed by this plat), and a portion of an un-named street (not opened and to be closed by this plat), Tarlton Addition, Wise County, Texas and more commonly referred to as 307 South Cates Street, 309 South Cates Street, and 403 South Hill Street, Decatur, Texas. Legality: According to the Texas Local Government Code, this property can be legally replatted given proper notice ( b), public hearings ( ), review and recommendation from the Planning & Zoning Commission ( ) and approval by City Council ( ). Issues: None Recommendation: The plat meets the minimum requirements of the City of Decatur s Zoning Ordinance, Subdivision Regulations and the Design Standards. Staff recommends approval. Attachment: 1. Plat Exhibit 2. Property Owner Notifications 3. Property Owner Response Map Location Map S:\Development_Services\Planning\Development Review Cases\2013\Replats (RP)\RP Lot 1, Block 1, Old School Add\RP STAFF REPORT_PZ docx 1 of 4

16 ATTACHMENT 1 Replat S:\Development_Services\Planning\Development Review Cases\2013\Replats (RP)\RP Lot 1, Block 1, Old School Add\RP STAFF REPORT_PZ docx 2 of 4

17 ATTACHMENT 2 Property Owner Notifications S:\Development_Services\Planning\Development Review Cases\2013\Replats (RP)\RP Lot 1, Block 1, Old School Add\RP STAFF REPORT_PZ docx 3 of 4

18 ATTACHMENT 3 Property Owner Response Map S:\Development_Services\Planning\Development Review Cases\2013\Replats (RP)\RP Lot 1, Block 1, Old School Add\RP STAFF REPORT_PZ docx 4 of 4

19 CITY OF DECATUR, TEXAS Agenda Item S. State Street Decatur, TX (940) Voice (940) Fax STAFF REPORT January 7, 2014 Planning & Zoning Commission Meeting TO: Planning & Zoning Commissioners CASE: RP FROM: Dedra D. Ragland, AICP, Planning Director APPLICANT: Jeffery Pinkerton DATE: December 26, 2013 REQUEST: Replat Application Case Notes: Commission to hear staff report, public comment and take action to make recommendation to the City Council regarding Residential Replat Application Jeffery Pinkerton s request, to Final Plat Lot 1, Block 1, Pinkerton Place, a residential replat of an approximately acre tract of land in the J. Tarlton Survey, Abstract No. 805, Wise County, Texas and being legally described as a re-plat of Part of Block 198, Tarlton Addition; and Part of Lot 4, Block 9, Part of Lot 6, Block 10, Range E, a portion of Cottonwood Street (not opened and to be closed by this plat), and a portion of an alley (not opened and to be closed by this plat), Devereux Addition, all according to the Official City Plat of Decatur, Wise County, Texas and being the same tract conveyed to Jeff Pinkerton as described in Volume 114, Page 727, Official Public Records, Wise County, Texas, and more commonly referred to as 701 North Lane Street, Decatur, Texas. Legality: According to the Texas Local Government Code, this property can be legally replatted given proper notice ( b), public hearings ( ), review and recommendation from the Planning & Zoning Commission ( ) and approval by City Council ( ). Issues: None Recommendation: The plat meets the minimum requirements of the City of Decatur s Zoning Ordinance, Subdivision Regulations and the Design Standards. Staff recommends approval. Attachment: 1. Plat Exhibit Location Map S:\Development_Services\Planning\Development Review Cases\2014\Replats (RP)\RP Lot 1, Block 1, Pinkerton Place\RP STAFF REPORT_PZ docx

20 ATTACHMENT 1 Replat S:\Development_Services\Planning\Development Review Cases\2014\Replats (RP)\RP Lot 1, Block 1, Pinkerton Place\RP STAFF REPORT_PZ docx

21 CITY OF DECATUR, TEXAS Development Services 1601 S. State Street Decatur, TX (940) voice (940) fax STAFF REPORT January 7, 2014 Planning & Zoning Commission Meeting Agenda Item 6 TO: Planning & Zoning Commissioners CASE: ZC FROM: Dedra D. Ragland, AICP, Planning Director APPLICANT: Stephen Todd & Susan Parks DATE: December 26, 2013 REQUEST: Zoning Change from SF-2 to C-1 Case Notes: Commission to hear staff report, public comment and take action to make a recommendation to City Council regarding Zone Change Application ZC Stephen Todd and Susan Parks request to change zoning from a Single-Family 2 (SF-2) zoning district to a Restricted Business (C-1) zoning district on approximately 0.55 acres of land legally described as Lot 1R, Block G, Mrs. E. O. Cates Addition, as filed in Cabinet C, Slide 362, Plat Records, City of Decatur, Wise County, Texas and including approximately acres of land to the centerline of East Main Street, and approximately acres of land to the centerline of South Cates Street. The property is located at the intersection of East Main and South Cates Streets and more commonly referred to as 400 East Main Street, Decatur, Texas. Legality: According to the Texas Local Government Code, this property can be legally rezoned given proper notice ( (a) and (c)), public hearings ( (a)), review and recommendation from the Planning & Zoning Commission ( (b)) and approval by City Council ( (b)). Analysis: Property is currently zoned Single-Family 2 Residential (SF-2). Current Long Range Master Plan Land Use Map, amended in August 2006, identifies the subject site as suitable for Downtown land uses. The Downtown land use district supports Office (CO) and limited commercial uses. Property owner has proposed redevelopment of the subject property for a Law Office. A zoning change to Restricted Business (C-1) is consistent with the current Long Range Master Plan Land Use Map. Twenty-one (21) property owners were notified. To date, staff has not received any notices from property owners in favor, against or neutral to the request. Before any redevelopment may occur, applicant must submit a site plan, building permit and certificate of occupancy applications.. Recommendation: Staff recommends approval of a zone change from a Single-Family 2 Residential (SF-2) zoning district to a Restricted Business (C-1) zoning district. S:\Development_Services\Planning\Development Review Cases\2014\Zoning Changes (ZC)\ZC E Main St_SF-2 to C- 1 of 23

22 Attachments: 1. List of Uses Allowed in SF-2, CO and C-1 2. Location Map 3. Existing Zoning Map 4. Proposed Zoning Map 5. Existing Land Use Map Notification Map 7. Property Owner Notifications 8. Property Owner Response Map 9. Draft Ordinance S:\Development_Services\Planning\Development Review Cases\2014\Zoning Changes (ZC)\ZC E Main St_SF-2 to C- 2 of 23

23 Attachment 1 List of Uses Allowed in SF-2, CO and C-1 S:\Development_Services\Planning\Development Review Cases\2014\Zoning Changes (ZC)\ZC E Main St_SF-2 to C- 3 of 23

24 S:\Development_Services\Planning\Development Review Cases\2014\Zoning Changes (ZC)\ZC E Main St_SF-2 to C- 4 of 23

25 S:\Development_Services\Planning\Development Review Cases\2014\Zoning Changes (ZC)\ZC E Main St_SF-2 to C- 5 of 23

26 S:\Development_Services\Planning\Development Review Cases\2014\Zoning Changes (ZC)\ZC E Main St_SF-2 to C- 6 of 23

27 S:\Development_Services\Planning\Development Review Cases\2014\Zoning Changes (ZC)\ZC E Main St_SF-2 to C- 7 of 23

28 S:\Development_Services\Planning\Development Review Cases\2014\Zoning Changes (ZC)\ZC E Main St_SF-2 to C- 8 of 23

29 S:\Development_Services\Planning\Development Review Cases\2014\Zoning Changes (ZC)\ZC E Main St_SF-2 to C- 9 of 23

30 S:\Development_Services\Planning\Development Review Cases\2014\Zoning Changes (ZC)\ZC E Main St_SF-2 to C- 10 of 23

31 S:\Development_Services\Planning\Development Review Cases\2014\Zoning Changes (ZC)\ZC E Main St_SF-2 to C- 11 of 23

32 Attachment 2 Location Map S:\Development_Services\Planning\Development Review Cases\2014\Zoning Changes (ZC)\ZC E Main St_SF-2 to C- 12 of 23

33 Attachment 3 Existing Zoning Map S:\Development_Services\Planning\Development Review Cases\2014\Zoning Changes (ZC)\ZC E Main St_SF-2 to C- 13 of 23

34 Attachment 4 Proposed Zoning Map S:\Development_Services\Planning\Development Review Cases\2014\Zoning Changes (ZC)\ZC E Main St_SF-2 to C- 14 of 23

35 Attachment 5 Existing Land Use Map S:\Development_Services\Planning\Development Review Cases\2014\Zoning Changes (ZC)\ZC E Main St_SF-2 to C- 15 of 23

36 Attachment Notification Map S:\Development_Services\Planning\Development Review Cases\2014\Zoning Changes (ZC)\ZC E Main St_SF-2 to C- 16 of 23

37 Attachment 7 Property Owner Notifications S:\Development_Services\Planning\Development Review Cases\2014\Zoning Changes (ZC)\ZC E Main St_SF-2 to C- 17 of 23

38 S:\Development_Services\Planning\Development Review Cases\2014\Zoning Changes (ZC)\ZC E Main St_SF-2 to C- 18 of 23

39 S:\Development_Services\Planning\Development Review Cases\2014\Zoning Changes (ZC)\ZC E Main St_SF-2 to C- 19 of 23

40 Attachment 8 Property Owner Response Map S:\Development_Services\Planning\Development Review Cases\2014\Zoning Changes (ZC)\ZC E Main St_SF-2 to C- 20 of 23

41 Attachment 9 Draft Ordinance ORDINANCE NUMBER AN ORDINANCE AMENDING THE CODE OF ORDINANCE OF THE CITY OF DECATUR, BY AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DECATUR, GRANTING A ZONING CHANGE FROM A SINGLE-FAMILY 2 RESIDENTIAL (SF-2) ZONING DISTRICT TO A RESTRICTED BUSINESS (C-1) ZONING DISTRICT ON APPROXIMATELY 0.55 ACRES OF LAND LEGALLY DESCRIBED AS LOT 1R, BLOCK G, MRS. E. O. CATES ADDITION, AS FILED IN CABINET C, SLIDE 362, PLAT RECORDS, CITY OF DECATUR, WISE COUNTY, TEXAS, AND INCLUDING APPROXIMATELY ACRES OF LAND TO THE CENTERLINE OF EAST MAIN STREET, AND APPROXIMATELY ACRES OF LAND TO THE CENTERLINE OF SOUTH CATES STREET WHERE ADJACENT TO THE SUBJECT PROPERTY, DECATUR, TEXAS. (ZC ) WHEREAS, the current zoning of the tract of land illustrated in the attached Exhibit A is Single- Family 2 (SF-2); and WHEREAS, application has been properly made to amend the Official Zoning Map of the City of Decatur, Texas, requesting that the current zoning of such properties be changed to Restricted Business (C-1) Zoning; and WHEREAS, said applications have been properly heard by the Planning and Zoning Commission of the City of Decatur, Texas, as required by State statutes and the Zoning Ordinance of said City; and WHEREAS, said Planning and Zoning Commission has made recommendation that the change of land use classification and zoning classification as requested be APPROVED, and all legal requirements, conditions and prerequisites having been complied with, the case having come before the City Council of said City, after all legal notices, requirements, conditions and prerequisites having been complied with; and WHEREAS, the City Council of the City of Decatur, Texas, at a called public hearing did consider all appropriate factors in determining whether to grant such requested change; and WHEREAS, the City Council of the City of Decatur, Texas does find that the requested change is in the public interest and that the zoning change does not unreasonably invade the rights of adjacent property owners; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DECATUR TEXAS: SECTION 1. The Zoning Ordinance of the City of Decatur, Texas, be, and the same is hereby amended and changed in that the use of the properties described upon the attached Exhibit A (which Exhibit is made a part hereof for all purposes) is hereby changed and assigned a Restricted Business (C-1) zoning classification. S:\Development_Services\Planning\Development Review Cases\2014\Zoning Changes (ZC)\ZC E Main St_SF-2 to C- 21 of 23

42 SECTION 2. The Planning Director is hereby directed to correct the official zoning map of the City of Decatur, Texas, to reflect the herein change in zoning. SECTION 3. In all other respects, the use of the tract or tracts of land hereinabove described shall be subject to all the applicable regulations contained in said City of Decatur Zoning Ordinance and all other applicable and pertinent ordinances of the City of Decatur, Texas. SECTION 4. This ordinance shall be cumulative of all other ordinances of the City of Decatur and shall not repeal any of the provisions of such ordinances, except in those instances where provisions of such ordinances are in direct conflict with the provisions of this ordinance. SECTION 5. This ordinance shall take effect on its final passage, and it is so ordained. PRESENTED ON FIRST READING THIS DAY OF, 2014 PRESENTED ON SECOND READING AND APPROVED THIS DAY OF, 2014 BY A VOTE OF AYES, NAYS, ABSTENTIONS, AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DECATUR, TEXAS. APPROVED: Martin B. Woodruff, MAYOR ATTEST: Diane Cockrell, TRMC, CITY SECRETARY APPROVED AS TO CONTENT AND FORM: Mason L. Woodruff, CITY ATTORNEY S:\Development_Services\Planning\Development Review Cases\2014\Zoning Changes (ZC)\ZC E Main St_SF-2 to C- 22 of 23

43 Exhibit A S:\Development_Services\Planning\Development Review Cases\2014\Zoning Changes (ZC)\ZC E Main St_SF-2 to C- 23 of 23