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2006-018-ORD-LOT 7, CITY BLOCK 318 ORDINANCE NO. 2006-018 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A PLANNED DEVELOPMENT DISTRICT (PD-h) COMMERCIAL CENTER, RETAIL SHOPPING CENTER, AND OFFICE CENTER ON PART OF LOT 7, CITY BLOCK 318, ON PROPERTY BELONGING TO JOHN GITLIN, TRUSTEE OF THE BORDEAUX TRUST, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS AN AGRICULTURAL DISTRICT (A) AND COMMERCIAL DISTRICT (C); DESIGNATING THE BOUNDARIES OF THE PLANNED DEVELOPMENT DISTRICT (PD-h) COMMERCIAL CENTER, RETAIL SHOPPING CENTER, AND OFFICE CENTER SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris, Paris, Texas, has previously received a request for an amendment to the zoning ordinance of the City of Paris; and, WHEREAS, the City Council has subsequently referred said request for amendment to the Planning and Zoning Commission for its review and recommendation in accordance with the City zoning ordinance and State law; and, WHEREAS, the Planning and Zoning Commission did conduct a public hearing on said proposed amendment to the City zoning ordinance and, following said hearing, made formal recommendation to the City Council regarding said proposed change; and, WHEREAS, the City Council of the City of Paris did subsequently conduct a public hearing on the aforesaid 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 plan of the City of Paris, consistent with the City zoning ordinance, and in the best interests and to the benefit of the public health, safety, and welfare of the citizens of the City of Paris; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, 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 boundaries heretofore established by the Zoning Map and Ordinance No. 1710 of the City of Paris, Paris, Texas, be, and the same are hereby, changed, and that a PLANNED DEVELOPMENT DISTRICT (PD-h) COMMERCIAL CENTER, RETAIL SHOPPING CENTER, AND OFFICE CENTER be, and the same is hereby, established on PART OF LOT 7, CITY BLOCK 318, on property belonging to JOHN GITLIN, TRUSTEE OF THE BORDEAUX TRUST, so as to include in such PLANNED DEVELOPMENT DISTRICT (PD-h) COMMERCIAL CENTER, RETAIL SHOPPING CENTER, AND OFFICE CENTER the hereinafter described property, which was formerly and is presently designated as an AGRICULTURAL DISTRICT (A) AND COMMERCIAL DISTRICT (C), and that the boundaries of said be, and the same are hereby, established as follows: SITUATED within the corporate limits of the City of Paris, County of Lamar, and State of Texas, being a part of the Joseph Leach Survey Abstract No. 524, being Part of Lot 7, City Block 318, more particularly described in deed dated July 29, 1999, to Terry L. Kilgore, et ux, recorded in Vol. 899, Page 63 of the Lamar county Real Property Records, and shown in proposed replat establishing Lot 1, Block A, Prospera Place, being more particularly described as follows: BEGINNING at a found 1/2 inch iron rod at the Southwest comer of the herein described tract; THENCE North 20 deg. 30 min. 37 sec. East a distance of399.98 feet to a found 1/2 inch iron rod at the Northwest comer of the herein described tract; THENCE South 67 deg. 34 min. 13 sec. East a distance of231.67 feet to a found nail at the Northeast comer of the herein described tract; THENCE South 3 deg. 30 min. 14 sec. West a distance of 244.31 feet to a found 30 inch oak tree at an interior ell comer of the herein described tract; THENCE South 97 deg. 36 min. 41 sec. East a distance of 21.17 feet to a found 1/2 inch iron rod at an exterior ell comer of the herein described tract; THENCE along the East Boundary Line as follows: South 29 deg. 13 min. 31 sec. West a distance of87.04 feet to a found 1/2 inch iron rod for an angle point; South 29 deg. 9 min. 50 sec. West a distance of83.79 feet to a point for the Southeast comer of the herein described tract with a found 1/2 inch iron rod that bears North 29 deg. 9 min. 50 sec. East a distance of 0.12 feet; THENCE a distance of 131.72 feet along a curve to the left with a radius of 3882.72 feet, a chord that bears North 70 deg.l min. 1 sec. West a distance of131.72 feet, and a delta of 1 deg. 56 min. 38 sec. to the point of beginning and containing 2.618 acres, being number 3205 Loop 286 NE. Section 3. That the zoning herein granted is conditioned upon the submission of a Site Plan in accordance with Section 8-302 of Ordinance No. 1710, which after full compliance with the procedure established in Section 21 of said Ordinance No. 1710, must be approved by the City Council prior to the issuance of any building permits. Section 4. That the Chief Building Official of the City of Paris be, and he is hereby, directed to change the Zoning Map of the City of Paris in accordance with the provisions of Ordinance No. 1710 and the land use map accompanying the same, and in accordance with the provisions of this ordinance. Section 5. That any person violating any of the provisions of this ordinance shall be guilty of a Misdemeanor, and, upon conviction, shall be fined in any sum not to exceed $2,000.00, and each and every day's continuance of any violation of the above-enumerated sections shall constitute and be deemed a separate offense. Section 6. That all ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Section 7. That this ordinance shall become effective June 1,2006. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the 8th day of May, 2006. I ATTEST: APPROVED AS TO FORM: ~;-(J. ~A hn D. Lestock, Assistant City Attorney