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2007-013-ORD-Amending Zoning Ordinance No 1710 of the City, so to rezone part of Lot 7, city block 318,ORDINANCE N0, 2007-013 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE N0. 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. Sectian 2. That the Official Zoning Map of the City of Paris and Zoning Ordinance No.1710 of the City of Paris, Texas, as heretofore amended is hereby further amended 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 PLANNED DEVELOPMENT DISTRICT (PD- al) COMMERCIAL CENTER, said property being more particularly described as follows: SITUATED within the corporate limits of the City of Paris, County of Lamar, and State of Texas, being 2.473 acres of land, a part of the Joseph Leach Survey, Abstract No. 524, lying and being North of Loop 286 NE. The said 2.473 acre tract of land being a part of a 25 acre tract of land conveyed from Lela Payne to Bruce Ray on January 22,1941, as the third tract, and recorded in Vol. 260, Page 84 of the Deed Records of Lamar County, Texas, the remainder of said 25 acre tract conveyed to Reubin Burnett, Probate No.10112, Vo1,136, Page 396 of Probate Records of Lamar County, Texas, being more particularly described as follows: BEGINNING at a found iron rod at the Southeast corner of a 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 89°39'40" E a distance of 530.33 feet and S 1°35'20" W, a distance of 453.43 feet from a found iron rod at the Northwest corner of Paris City Block 318; THENCE N 1°35'20" E, with the East line of the said 2.00 acre tract of land and the West line of the said 2.473 acre tract of land, a distance of 453.43 feet to a found iron rod at the Northwest corner of the said 2.473 acre tract of land and the Northeast corner of the said 2.00 acre tract of land said rod also being in the North line of Paris City Block 318; THENCE N 89°47' 17" E, with the North line of Paris Ciry Block 318 and the North line of the said 2.473 acre tract of land, a distance of 224.77 feet to a set iron rod at the Northeast corner of the said 2.473 acre tract of land; THENCE S 2°20'29" W, with the East line of the said 2.473 acre tract of land, a distance of 519.44 feet to a found concrete monument at the Southeast corner of the said 2.473 acre tract of land, 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 73°16'S1" 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 of 225.66 feet to the place of beginning and containing 2.473 acres of land, 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 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 5. 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 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. esse Jam Freelen, Mayor ATTEST: , ice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIly Ci Attorney