04-A&B Zoning Change 3025 Loop 286 NE
DRAFT
F:ALICEIORDWORK\CURRENT7.9.07 Zoning Ords
July 5, 2007
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 PART
OF LOT 7, CITY BLOCK 318, CITY OF PARIS, LAMAR COUNTY, TEXAS,
FROM PLANNED DEVELOPMENT DISTRICT (pD-a) RETAIL SHOPPING
CENTER TO A PLANNED DEVELOPMENT DISTRICT (PD-al)
COMMERCIAL CENTER DIRECTING A CHANGE ACCORDINGLY IN
THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER
CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A PENALTY
CLAUSE, AND 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 July 9, 2007 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 Official Zoning Map of the City of Paris and Zoning Ordinance No. 1710
ofthe City of Paris, Texas, as heretofore amended is hereby further amended to rezone P ART OF LOT
7, CITY BLOCK 318, City of Paris, Lamar County, Texas, from PLANNED DEVELOPMENT
DISTRICT (PD-a) RETAIL SHOPPING CENTER to PLANNED DEVELOPMENT DISTRICT (PD-
al) COMMERCIAL CENTER, said property being more particularly described as follows:
. - r ... or
SITVA TED within the corporate limits ofthe City of Paris, County of Lamar,
and State of Texas, being 2.473 acres ofland, a part of the Joseph Leach Survey,
Abstract No. 524, lying and being North of Loop 286 NE. The said 2.473 acre tract
ofland being a part of a 25 acre tract ofland conveyed from Lela Payne to Bruce Ray
on January 22, 1941, as the third tract, and recorded in Vol. 260, Page 84 ofthe Deed
Records of Lamar County, Texas, the remainder of said 25 acre tract conveyed to
ReubinBurnett, Probate No. 10112, Vol. 136, Page 396 of Probate Records of Lamar
County, Texas, being more particularly described as follows:
BEGINNING at a found iron rod at the Southeast comer ofa called 2.00 acre
tract of land conveyed from Reubin Burnett to James W. Yancey, and wife Kenith
D. Yancey, on September 10, 1993, recorded in Vol. 385, Page 178 of the Real
Property Records of Lamar County, Texas, said iron rod also being the North right-
of-way line of Loop 286 NE, said rod also being N 89039'40" E a distance of 530.33
feet and S 1035'20" W, a distance of 453.43 feet from a found iron rod at the
Northwest comer of Paris City Block 318;
THENCE N 1035'20" E, with the East line of the said 2.00 acre tract ofland
and the West line of the said 2.473 acre tract ofland, a distance of 453.43 feet to a
found iron rod at the Northwest comer of the said 2.473 acre tract of land and the
Northeast comer of the said 2.00 acre tract ofland said rod also being in the North
line of Paris City Block 318;
THENCEN 89047'17" E, with the North line of Paris City Block 318 and the
North line of the said 2.473 acre tract ofland, a distance of224.77 feet to a set iron
rod at the Northeast comer of the said 2.473 acre tract ofland;
THENCE S 2020'29" W, with the East line ofthe said 2.4 73 acre tract ofland,
a distance of 519.44 feet to a found concrete monument at the Southeast comer of the
said 2.4 73 acre tract ofland, said monument also being in the North right-of-way line
of Loop 286 NE, a called 63 feet at right angles from a called survey station 208+00
of the centerline of the Westbound lanes;
THENCE N 73016'51" W, with the South line of the said 2.473 acre tract of
land, and the North right-of-way line of Loop 286 NE, a distance of225.66 feet to
the place of beginning and containing 2.473 acres ofland, being number 3025 NE
Loop 286.
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 ofthe 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 5. That all provisions of the ordinances ofthe City of Paris, Texas in conflict with
the provisions of this ordinance are hereby repealed, and all other provisions ofthe ordinances of the
City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect.
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Section 6. 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 7. 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 8. 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 9. That this ordinance shall become effective immediately upon its passage.
PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on
this the 9th day of July, 2007.
Jesse James Free1en, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
- ,-
MEMORANDUM
TO: Chairman and Members of the Planning and Zoning Commission
Honorable Mayor and Members of the City Council
FROM: Lisa A. Wright, Director of Community Development
SUBJECT: Zoning Change Requests
DATE: June 20, 2007.
The following zoning change request will be presented at the July 2, 2007, meeting of the
Planning and Zoning Commission and the July 9, 2D07, meeting of the City Council of the City of
Paris for consideration:
1. Mehul Patel is requesting that the property located on Part of Lot 7, Block 318, being number
3025 Loop 286 N.E., be rezoned from a Planned Development District (PD-a) Retail
Shopping Center to a Planned Development District (PD-al) Commercial Center. The
Comprehensive Plan recommends that this property be zoned Retail/Commercial.
cc: City Attorney's Office
T -----T.-. -
.Jun 11 07 03:45p
Ha~ter Engin~erinc Inc
9037850308
p.2
CITY OF PARIS
COMMUNITY o EVELOl'>MENT DEPARTMENT
Po O. Box 9037 . Paris, Texas 75461 .903-784-9234
;.':.
ForO'mce Use Only Request Numb~D<::f"\-t:Or"\.
Dale Rcvd: ~ III ten Mtg Date: 0,\ \oa\Df"J
APPUCATION FOR ZONJNG CHANGE
TYPE OF ACTION REQUESTED:
~0njngChailge
o SP13ci.fic Use P~Tfl1it
o Planned Development
PROPERTY INFORMATION:
Address: ~ 0).. 5 IJ C k..h;p ).Sb
Name of Business or BUilding {if applicable): lJ/4
Lot PI -, Block 3 Us SubdiVision c.+.., "1Y'ck..
Current Zoning: P f) - C'\ PrQPosf:ld Zoning; e CJ ;... q t
What is the proposed use of the property? (0 M ~ trc.;-F\]
D(lscribe the character and/or nature of l1sesof surrounding property.
Will there-zonedde::;ignalion be compatible Witl1 the classification and uSe of adjoining lah(:!$7~ No
tfNo, how db you propose to reduce any adverse impact?
1$ thetra.ct unsuitable for uses perrriittedunderthe present zoning <:la$Sifjc;,ptjon?~ No
If No, why are you requesting a change ih theperrnitting uses?
OWNER/APPLICANT I Nf:ORMATION: (lfyau are not the OWn(!r,il permisSion lefterfromthe owner is required. If YDU are puU:haslng the property, a copy of
the contnlct maybe lIsed In !leu ofa pf!l'1r1Is:;lon letter ONL Y IF the cont(ilctprDvlde:;tllat the purchase Is contingent upcJn tpe applicant $uCCessff/lly obtaining a zoning
change.)
Applicant's Name;t\'Le ~ Vol p~ f el
Applicant's Address: 11111 {)-fUr-..I: /I e Dr~ve 411) S ~~..~ 1~~Jn~: (:Ll y) ,7Lf-Yb'So
Property Owner's Name: f\; ckr,:., J kIt...... e....-t
Property Owner's Address: (J.0. (2uj( qCjt:, f"'~""esv:U(' 1"')( r{,,t,Yop/Jone: (qLfoj0~S ~Db6J
.~......... ............................:.... .......... ..... .."............ ..... ...... .... ..... ...... II ............
REQt:JIREDSUBMITTALS (.cMeckthose it~ms which are included):
r&YCbmpleted application signed by the owner/appJiC<;lnt
B'Cy.. . py Of. adeed.....With.m. e. tes and bounds
rn-f'ermission letlerfrom owner
o Copy of contract tl) purchase the property U/A-
If PJal'lned Develqpmentrequl;:sted, incJudealso:
[j Four (4) copies ofa preliminary site plan {V /1\
F1LED:
Ihave carefully read the complete application and know thesame is true and correct. I her(7by.sgreetocomply with all provisions of local,
State, and Federa..l Law.s win be cOJ'~,.. ''''0 .Wit. h, whether herein specified or not I cer.tify that 1 arn the owner Of. the. <It)ove property or his
duly aUlhor'ize~ agxnl. h 4
Sjgn~d; /tv~U~~___ Mdress: I<-tJ\ lfree",,;l!pDc.:t1':c;I5 J/v~-(,t--;(7'Sv~8
Print Name: Me~...IPrd~1 Phone Num!ter: ('l..iL'lT7Lt- "'ibSo"'~'-
Dale: -II ~o Fax Numbe.r:(..t..l"i). b 0- -:s -72.9
~l'ffM;;~. HI~~. ~D""M~ in"J / <Ia,of JU~ '20_R./
,~'7' '0- aJ1 en"'ate! .
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,..'iliV. ,1~().t~ry.PUbf.iC.Stat.eo.1Ti..{l..xas..... . ~\1@~. Ja/re- :di-C
~~~ COMM. EXP. 08/24/2009.. .otary .. ~h, .. te of exas \
"""-";.,.""""'-"'-"'~~..,"~<>~ J U N 1 2 2007
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12106
City of raris
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NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSO~,%b MA:Y~o
REMOVE OR STRIKE ANY OF THE FOllOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR DRIVER'S LICENSE NUMBER.
-WARRANTY DEED (WITH VENDOR'S LIEN)
, ()I.(-l '2/1lo
The State of Texas
8
8
8
Know All Men by These Presents:
County of L~mar
That CIRCLE S LIMITED PARTNERSHIP, "Grantor" herein, of the County of lamar, State '
of Texas for and in tonsideratlon of the sum of TEN AND NOll 00 ($10.00) DOLLARS cash,
and o~~r gOOd' and valuable consideration to It paid by RICHARD C. KLEMENT, "Grantee"
herein, the receipt of which Is hereby acknowledged, and the further consideration of the
execution and delivery by said Grantee of one certain Promissory Note of even date herewith In
the principal sum of THREE HUNDRED TWENTY EIGHT THOUSAND AND NOll 00
. DOLLARS ($328,000.00), payable 'to the order of PEOPLES BANK, (herein called
"Mortgagee"), bearing Interest at the rate therein provided; said Not{! containing an attorney's fee
clause and various acceleration of maturity clauses In case of default, and being secured by
Vendor's Lien and Superior Title retained herein In favor of Grantor, and assigned to Mortgagee,
and also being secured by a Deed of Trust to TERRY L. CHRISTIAN, Trustee; and WHEREAS,
Mortgagee has, at the special Instance and request of Grantee, paid to Grantor THREE HUNDRED
TWENTY EIGHT THOUSAND AND NOIlOO DOLLARS '($328,000.00), of the purchase
price of the property hereinafter described, as evidenced by the above described Note, said
Vendor's LieR and Superior Tide against said property securing payment of said Note are hereby
assigned" transferred ,and delivered without recourse to Mortgagee, Grantor hereby conveying to
said Mortgagee the said Superior Tide to said property, subrogating said Mortgagee to. all the
rights and remedies of Grantor In the premises by virtue of said lien; has Granted, Sold and
Conveyed, and by these presents does Grant, Sell and Convey, unto the said Grantee, whose
mailing address Is P.O. Box 996, Galnsville, Texas 76241:
2.473 acres of land situated in the City of Paris, lamar County, Texas, a part of the
Joseph Leach Survey, Abstract No. 524, more particularly described on Exhibit A
, attached hereto. ,
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00018604 OR 1511 141
THIS CONVEYANCE IS MADE AND ACCEPTED SUBJECT'TO ALL VALID
AND SUBSISTING RESTRICTIONS, RESERVATIONS, COVENANTS,
CONDITIONS, RIGHTS-OF-WAY, AND EASEMENTS PROPERLY OF RECORD,
IF ANY, AFFECTING THE ABOVE DESCRIBED PROPERTY. "
TO HAVE AND TO HOLD the above-described' premiseS, ~ogether with all and singul~r
the rights and appurtenances thereto In anywise belonging unto the said Grantee, his heirs and
assigns forever, and Grantor does hereby bind Itself, Its successors and assigns, to Warrant and
Forever Defend, all and singular the said premises unto the said Grantee, his heirs and assigns,
against every person whomsoever lawfully claiming, or to claim the same, or any part thereof.
But It Is expressly agreed and stipulated that the Vendor's Lien Is retained. against the
above-described property, premises and Improvements, until the above-described Note, and all
Interest thereon ani"fully paid according, to the face and tenor, effect and reading, when this deed
shall ~oine absolute.
WITNESS my hand at Paris, Texas this --1i- day' of August, 2004.
(Adalowledgme
S1 ATE OF TEXAS /)
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COUNTY OF LAMAR /)
1hlslnstrUment was ack~owledged before me on the ~ day of August, 2004 by Joe W. Sandlin, Jr., General Partner
on behalf of Qrcle S Limited Partnership.
My commission
, expires:, . .............***........................
.' ......v'iiii... Dl:NISE MOFFITT!
, i lO~*t.. "~<';~ Notary Public :
H;: :~i STATE OF TEJ:<AS :
i\'. ';.:! Mv CommiSSion J
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EDIISI'1' "A"
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~ BeUJi 2.413 tClrel at~ . part ortheJ~h Leach SUI'VGy. .Abstnot No. 524,1.YIns and
beina ai1uabi4 in.Patia. Lamar County, T.... North. of'Loop 28li NE.. The said 2."13 &cq t1'ICl at
land bdna . part ora %S acre tract orland ~ tmm LeI. )l>Ayntl to DNcc by oq'lEnU1Uy 22-
1941, u tbethfrd tract. and recorded in VoNme260, ~ B4 oldie D=d ~G ofI..cmar CoImty,
. Tex:u. The ~ oftbo aaId .2S acn: traCt ~ to Rwbin Burnett, Probate No~ 10112,
,Volum. 136, ~ 396 otProbatel.econfs of'LanuIr County, Texas. .
Beainnlns at . found iron rod lit the Southout Corner or. called 2.00 acrt 'Craot of JwI,
conveyed ~ Re:ubinBurrat to 1amea W. Y~=1J Md wU't. ~ D. Yan<:ey. OD S~ 10,
1m, ~ in Vo!ama 385, ~ 178 ortha~~~ ctLmnar Cour.ty. reus. seid
. iron rod also bcltisin the North riillht"Ot.way Ibm cfLoop'236'NB, del rod ebo be!nsND9.39140.
~ ~~or~0.33 fe:t IEld Sla3S'ZO" W, adiatlnce 0(453.43 _1l'om.. fOWld Iron rod at tho
Notthwcat~llmerorparla'CityBI~318~ ..
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TbcDoo Ntt3S'20' 2. wkh the But Uno ottbe IIId 2.00 ICtr; tract otlaml and tho w. U.
ofthc aid 2.473 aato trcct ot'land, a ~ of 4$3.43 fl:letto a touod Iron ro4 at tho Nonhwc:rat
comcro.f'thc Aid 2.473 GlIntrICt otJ:miemd thaN~COmer ottbe uld 2.00 acrctlut orland,
said rod also being in tbo North liDe.orplriJ City Block 318; .
TbenceN89a47'17"B, with &be NOrth line ocrn Ci:y Block 31hnd lheNorthllnef)ftlu!,
uld 2.413 acre tract ofWuf. I disIancc ot224. T1 feet to a ae.t:iton Iod at the Northeact comer of . he
aald 2.473 acre traot orland; . .
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Th~ 52-20'29- w. ~ tho East line ot&b= _cl2...73 ICI'O tract orland. a distaDce Of.
'519.44 teet to a round ca~mon'Lll'Mnt It the Southeut c:.omcroCth. M1cl3.473 core tract of
land. add ~ rW:o 'being in tho Nort.b ~-cf~m:y he orLoo~ 286 NIt. & called 63 feat.
right ~ftom a Olillad,JlUtWy ststion20S+00 Oftbe =zteriine ot'the W~ 1cncs;
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~N13.16'St.W...theSoutft_4ltthcQid2.473 Muut ctlmd.lDd Ihe.North
right.or~oCLoap286NB, a ~0t225.66fect to Cbc p1;cc'of~ and ~
2.473IC'le1'ofland. .
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