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2008-044-ORD-AMENDING ZONING ORD NO 1710ORDINANCE NO. 2008 -044 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 AN 8.5 ACRE TRACT OF LAND, BEING A PART OF THE E. CROW SURVEY, A208, TRACT 24 AND 78 AND BEING LOCATED AT 4050 PINE MILL ROAD, CITY OF PARIS, LAMAR COUNTY, TEXAS FROM AN AGRICULTURAL DISTRICT (A) TO A MULTIPLE - FAMILY DWELLING DISTRICT NO. 2 (MF -2) 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 Planning & Zoning Commission received a request for an amendment to the zoning ordinance of the City of Paris to rezone an 8.5 ACRE TRACT OF LAND, being a part of the E. CROW SURVEY, A208, TRACT 24 AND 78 and being located at 4050 PINE MILL ROAD, City of Paris, Lamar County, Texas from an AGRICULURAL DISTRICT (A) to a MULTIPLE - FAMILY DWELLING DISTRICT NO. 2 (MF -2); and, WHEREAS, on November 3, 2008, the Planning and Zoning Commission conducted a public hearing on the proposed amendment to the City zoning ordinance and, following said hearing, made formal recommendation to the City Council to approve the requested zoning; and, WHEREAS, on November 10, 2008, the City Council of the City of Paris conducted a public hearing on the 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 an 8.5 ACRE TRACT OF LAND, being a part of the E. CROW, A208, TRACT 24 and 78 and being located at 4050 PINE MILL ROAD, City of Paris, Lamar County, Texas, from an AGRICULTURAL DISTRICT (A) to MULTIPLE - FAMILY DWELLING DISTRICT NO. 2 (MF -2), said property being more particularly described in Exhibit A attached hereto and made a part hereof. 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 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 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 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 8. That the City Council voted by a supermajority vote of the entire Council to suspend the rule requiring two readings before adoption of ordinances 6 ayes and 1 nays. Section 9. That this ordinance shall become effective from and after its passage of the first reading and publication as required by law. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the 10th day of November, 2008. ATTEST: ice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, C A torney zL J sse Jam Freelen, Mayor - ..n+rw,ru'wewrkl..mr.+a:cA : rk ddFear.rsavr.+w.,,�:..�.r. raw.: �: w.Nw.ta.h�.rY+�kts.�..:.`'� - -'• _wit'. g«+ru+rd^. •. THIS LNI)EN"R1RE, made as of / / 19 - between BLANCHE H. CHETLAIN, having an address at 4050 Pine Mill Road, Paris, Texas 75462 (referred to as 'Grantor '), and THE BLANCHE L. CHEfLA1N REVOCABLE LIVING TRUST, having an address at 4050 Pine Mill Road, Paris, Texas 75462 ('Grantee'). W� , TSSETIi, that Grantor, in consideration of Ten Dollars and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby release and convey unto Grantee and his heirs, executors, administrators, suecesvors and assigns forever. ALL that certain plot, piece or parcel of lard. with the buildings and improvements thercoo erected, siruue, lying and being in the County of Lamar County. and the State of Texas, being more particularly described as follows, to -wit: A part of the Enoch Crow Survey about 3 miles North 80 deg. East from Paris, and of the 26.5 acre tract of lad conveyed by W.H. Allen to S. J. Rom «d bed by 1914 by m� deed recorded in Book 153, Page 112. Lunar County Deed and bounds as follows in accordance with a survey made by R. G. Berry, Registered Public Surveyor, on August 10, 1962: BEGINNING at a stake at the SW corner of the above mentioned Allen -Scow 26.5 acre tract of lad: THENCE with the EB line of Pine mill Road North 0 deg. 53 min. East 607 feet, a stake: THENCE contirning with said road North 63 deg. East 113 feet, a stake: THENCE East with the SB lire of said road 452 feel, a stake; THENCE South 658 feet, a stake; THENCE West 573 feet to the place of beginning, containing 8.5 acres of land: and being the same property described in deeds from acres of laird: and being the same property described in deeds from Howard M. Scott et al. to R. C. Singer, both dated September 14, 1962 and recorded in Book 393, Page 250, and Book 393. Page 254. Lunar County Deed Records: reference being made to the above mentioned instruments and records for aB necessary purposes. TOGETHER with all right, title and interest, if any, of Grantor in and to any as" and road& abutting said premises to the center lines thereof, TOGL -rHEA with the appurtensawcs and all the estate and rights of Grantor in and to said premises. TO HAVE AND TO HOLD the premises herein granted unto Grantee and his heirs, executor. a&niows,tors, jawcessm and assigm forever. Qurr CLAIM DEED RP 403PAct346 Page I I EXHIBIT -L '/ /v' This deed is given without covenant, representation or warraruy by Grantor, whether express or Implied, and without recd" agau- Grantor in any possible evcnt. IN WITNESS WHEREOF, Grantor has duly executed this deed on the date first above written. BLANCHE H. CHETLAIN i i ,I 403 PA E 34'7 QUIT CLAIM DEED Page 2 STATE OF TEXAS COUNT:' OF LAMAR Before rne. a omuy public on this day personally appeared BLANCHE H. CHETL.AIN, who acknowledged that she did sign du foregoing in=tnent. and acknowledged to roe that she exeaaod the same for the uses aDd purposes and cons&ration thcrein expressed. GWEN UNDER MY HAND and official seal this _ � _ day of n. Notary Public My cnnuuission exp'tro p.." wxm 0. OWIIK NOTARY PUBLIC oSale v ausr� '0 7syc ot• QUIT CLAIM DEED RP 403 mu348 Page 3 I, Charlotte Chetlain Kelsey, authorize D. Wayne Brown to seek a zoning change from the City of Paris to multi- family concerning the property located at 4050 Pine Mill Rd., Paris; Texas 75460. Legal Description: A208 E Crow Survey, Tract 24, Acres 1.0 and Tract 78, Acres 7.5 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: October 22, 2008 The following zoning change requests will be presented at the November 3, 2008, meeting of the Planning and Zoning Commission and the November 10, 2008, meeting of the City Council of the City of Paris for consideration: Mark Jones is requesting that the property located on Lot 1, City Block 307 -A, being number 3215 North Main Street, be rezoned from a Commercial District (C) to a Light Industrial District (LI). The Comprehensive Plan recommends that this property be zoned Retail; therefore, an amendment to the Future Land Use Map is required in order to approve this request. 2. D. Wayne Brown is requesting that the property located on 8.5 acres being a part of the A208 E. Crow Survey, Tract 24 and 78, being number 4050 Pine Mill Road, be rezoned from an Agricultural District (A) to a Multiple - Family Dwelling District No. 2 (MF -2). The Comprehensive Plan recommends that this property -be zoned Low Density Residential; therefore, an amendment to the Future Land Use Map us required in order to approve this request. cc: City Attorney's Office COMMUNITY DEVELOPMENT DEPARTMENT P. n Box 9037 is Paris, Texas 75461 F, 903 -7F' ')234 For Office Use my Requ ai1� APPLICATION FOR ZONING CHANGE pate Rcvd: �-1 O N Mtg Date: TYPE OF ACTION REQUESTED: ❑ Zoning Change ❑ Specific Use Permit ❑ Planned Development PROPERTY INFORMATION: Address:_ o '� G 1P •I flt! -=� M Name of Business or Building (if applicable): C Lot Block Subdivision 1qzc f l.a"t aijtJ J vt,2 1N �� P c 7a � I Current Zoning: � � � � c T" 1r_ -A � Proposed Zoning: � 75- 7i'VA What is the proposed use of the property ? Describe the character and/or nature of uses of surrounding property. a ds Will the re -zoned designation be compatible with the classification and use of adjoining lands? fe_� / No If No, how do you propose to reduce any adverse impact? Is the tract unsuitable for uses permitted under the present zoning classification ?(_YYNo If No, why are you requesting a change in the permitting uses? OWNER /APPLICANT INFORMATION: (if you are not the owner, a permission letter from the owner is required. If you are purchasing the properly, a copy of the contract maybe used in lieu of a permission letter ONLY IF the contract provides that the purchase is contingent upon the applicant successfully obtaining a zoning change.) Applicant's Name: Applicant's Address: ����� 2 G ryn pp cz Phone: 97c).3 -44 "72) -S c-srs Property Owner's Name: Property Owner's Address: -n J (," i" ; �s �l� 1 t Phone: et�ee��® csustE��oe��sst�����ee�e�eses�r�ee��s����e���ne�es����e�e���cs��E�re�sieeese�ets�e�s��Eae ■�e� REQUIRED SUBMITTALS (check those items which are included): ❑ Completed application signed by the owner /applicant If Planned Development requested, include also: ❑ Copy of a deed with metes and bounds ❑ Four (4) copies of a preliminary site plan • Permission letter from owner • Copy of contract to purchase the property 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 Federal Laws will be complied with, whether herein specified or not. I certify that I am the owner of the above property or his duly authorized agent. Signed: �_ 1- ,," ,11.1/_ .� Address: 3 7 T L'<:; —� Ytl ­_-� � L Print Name: .7 r — % 22.• ; ;,, 1 Phone Number: _2, °ate-' ? ; Date: Fax Number: SWORN TO AND SUBSCRIBED BEFORE ME this 4 day of m 20 0 PYPup4 REBECCA L, BROWN Notary Public, State of Texas � ee ;' my Commission Expires r' 011 Notary Public, State of Texas FILED: 12/06