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07-E Zoning Change Req 951 E. Hickory. DRAFT ORDINANCE NO. F:ALICE\ORDWORK\CURRENT\12-10-07 Zoning Ords December 5, 2007 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 LOT 12, BLOCK C, EAST PARK ADDITION, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A NEIGHBORHOOD SERVICE DISTRICT (NS) TO A GENERAL RETAIL DISTRICT (GR) DIRECTING A CHANGE ACCORDINGL Y 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 Planning & Zoning Commission received a request for an amendment to the zoning ordinance of the City of Paris to rezone Lot 12, Block C, East Park Addition, City of Paris, Texas, from a Neighborhood Service District (NS) to a General Retail District (GR); and, WHEREAS, on December 3,2007, the Planning and Zoning Commission conducted 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, on December 10,2007, the City Council of the City of Paris conducted 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, 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 12, BLOCK C, EAST PARK ADDITION, City of Paris, Lamar County, Texas, from NEIGHBORHOOD SERVICE DISTRICT (NS) to GENERAL RETAIL DISTRICT (GR), 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 a part of the Redding Russell Survey and being Lot 12, Block C of the East Park Addition, reference being made for a complete description and all other necessary purposes to the plat thereof recorded in Book I, Page 52 of the Plat Records of Lamar County, Texas, subject to easements of record, and being located at 951 East Hickory Street. 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 ofthe ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions ofthe ordinances ofthe City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 5. 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 ofthe provisions ofthis 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 8. 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 10th day of December, 2007. Jesse James Freelen, Mayor ATTEST: Janice Ellis, City Clerk 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: November 20, 2007 The following zoning change request will be presented at the December 3, 2007, meeting of the Planning and Zoning Commission and the December 10,2007, meeting ofthe City Council of the City of Paris for consideration: 1. Al Green is requesting that the property located on Lot 12, Block C, East Park Addition, being number 951 E. Hickory Street, be rezoned from a Neighborhood Service District (NS) to a General Retail District (GR). The Comprehensive Plan recommends that this property be zoned Moderate Density Residential. cc: City Attorney's Office CITY OF PARIS COMMUNITY DEVELOPMENT .DEP ARTMENT P. O. Box 9037. Paris, Texas 75461 .903-784-9234 For Office Use Only Request Number:.2OO'l.-0(:)\': Date Rcvd: \ 1 \ \~\\) I Mtg Date: t:l.. \o~\O\ APPLICATION FOR ZONING CHANGE TYPE OF ACTION REQUESTED: Pi Zoning Change o Specific Use Permit o Planned Development PROPERTY INFORMATION: Address: ~S\ t. \-\ ~ L ~O \ "--\ \ Lot \ A , Block C- (\~ NOV 1 3 lOOt Name of Business or Building (if applicable): Subdivision E.Q~+ Va.5;-~ Current Zoning: Proposed Zoning: Y('- '\ 0 ~-\-e G-~ What is the proposed use of the property? ( \\) ~ \~~-t *" ,-e~ \~If\.~ a. \. Describe the character and/or nature of uses of surrounding property. Will the re-zoned designation be compatible with the classification and use of adjoining lands? ~ No If No, how do you propose to reduce any adverse impact? Is the tract unsuitable for uses permitted under the present zoning classification? Yes I€) If No, why are you requesting a change in the permitting uses? OWNER/APPLlCANT INFORMATION: (If you are not the owner, a permission letter from the owner is required. If you are purchasing the property, a copy of the contract may be used in lieu of a permission letter ONL Y IF the contract provides that the purchase is contingent upon the applicant successfully obtaining a zoning change.) Applicant's Name: (SA L &\'e:f='1() Applicant's Address: \ \..0 O~ \ "\ -\-\) 'i\ E \)0...\\" ~ \. \ (1. Property Owner's Name: \) \ \J \ OJ\ \...J""'\L.~~ \~OS \l '\.-~ \\f:, Phone: C\O~ ~~4:- ~l.\~~ . Property Owner's Address: ........................................................... ......................................... R~UIRED SUBMITTALS (check those items which are included): ffjJompfeted application signed by the owner/applicant If Planned Development requested, include also: 0" CPJ5y of a deed with metes and bounds 0 Four (4) copies of a preliminary site plan r;W'ermission letter from owner o Copy of contract to purchase the property Phone: qO~-=L~- ~4\}_ I have carefully read the complete application and know the same is true and correct. I hereby agree to comply with all provisions of local, State, and Fed ral Laws will be complied with, whether herein specified or not. I certify that I am the owner of the above property or his duly authoriz agent. Signed: Address: \\oCJS ~~ Print Name: . ~vV Phone Number: ~ (J _ _ \...\ Date: Illl ~ C> V Fax Number: SWORN TO AND SUB CRIBED BEFORE ME this ~=6 ~y of nOlH)~b-er- ,20QJ. . ~g::: ;&~ . N~<?u~~~ ~ u STATE OF TEXAS ,<" My Commission Expires 01-26-2011 FILEn. ..1....,.~,~~ 1l ". ....5lI!M LI1iU ',. l'I r 111~1'il~ -II r~I.IlI:rl' [ _ n, IIi'T1I1rAr IIFn [lUll 11111 _. III I JJ1 GRANTOR: The First Nati anal Bank of Paris, Trustee. By: Morris Fleming 1- Vice-President; ATTEST: Guy C. Grigsby, Cashier (Seal) Rev. $055 GRANTEE: Sam Green and wii'e, Vivian Green CHARACTER OF INSTRUMENT: General Warranty Deed DAT~ OF INSTRUMENT: April 9th, 1945 DATE OF FILING: April 9th, 1945, at 2:20 o'clock P. M. RECORDED: Book 272, Pages 499-500 Deed Records, Lamar County, Texas. CONSIDERATION KNOW ALL MEN BY THESE PRESENTS: That The First National Bank of Paris, Trustee a corporation of Parism L9mar County, Texas, for and in consideration of the sum of One Hundred iifty and No/IOO Dollars cash to it in hand paid by Sam Green and wife, Vivian Green receipt of which is acknOWledged, and the further consideration of the assumption of all taxes assessed for the current year, has Granted, Sold and Conveyed, and by these presents does Grant, Selland Convey unto the said Sam Green and wife Vivian Green of the County of Lamar State of Texas, the following described property and premises in Lamar County, Texas. DESCRIPTION A part of the Redding Russell Survey And of the East Park Addition reference being made for a complete description and all other necessary purposes to the plat thereof recorded in Book 1, page 52, of the Plat records of ::,aid Lamar Xounty, Subject to easments of record (~nd all liens and encumbr(~nc es created by or on 1:.lccoun t of the grantee (s) or for improvements of any kind. Lot 12 Block C. To have and to hold, etc, except as otherwise expressly stated. ACKNOWLEDGIv'JENT ACknowledged by Morris Fleming, and in the capacity therein set forthm before hnn Barnett, Notary Public, Lamar County. Texas, on April 9th,l945. Under seal and in statutory form. ABSTRACT NO. t!1~821 PAGE NO. STONE TITLE & ABSTRACT COMPANY 106 -->ililo.. " ___" :~,"'.-- " - :: CERTIFICATE STATE OF TEXAS COUNTY OF LAMAR ] We, Stone Title & Abstract Co., do hereby certify that the foreg01ng Abstract of Title' consisting of pag.es numbered from 1 to 119 including this certificate, contain a true and correct exhibit of all instruments of record or on file in the office of the Clerks of th.e County and District Courts of Lamar County, Texas, affecting the title to the land described on page 106 h.ereof. This is a supplement from the 18th day of November, A.D. 1904 to the date hereof, being a supplement from page 62 of Abstract No. 13503, m~de by Lamar County Abstract Company. Despite anything stated herein to the contrary, this company does not certify to include in this abstract any" Financing Statement, and/or Security Agreement", as defined by the Texas Uniform Commercial Code, which does not show a full and complete legal description of the property, and this company cannot be held liable, or responsible in any way, for leaving out of this abstract any kind of instrument which shows only a street address or mailing address, and does not show a complete legal description. Witness our hands this the 13th December ,A. D. 1966 day of 3:15 o'clock Po M. *We do not certify to taxes STONE TITLE & ABSTRACT CO. ~,?~._--- . ...",:~';' .J~,_.,.-,_ ....... ~"":.. .~ :..~...,.:..."'-,,..,_..,.._. 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