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2009-002-ORD REZONE 221 8TH ST NEORDINANCE NO. 2009 -002 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 11, CITY BLOCK 35 LOCATED AT 221 8TH Street NE, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A MULTIPLE - FAMILY DWELLING DISTRICT NO. 1 (MF -1) TO A NEIGHBORHOOD SERVICE DISTRICT (NS); 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 11, CITY BLOCK 35 LOCATED AT 221 8TH STREET NE, City of Paris, Lamar County, Texas from a MULTIPLE - FAMILY DWELLING DISTRICT NO. 1 (MF -1) TO A COMMERCIAL DISTRICT (C); and, WHEREAS, on January 5, 2009, 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 change the requested zoning to Neighborhood Service District (NS) instead of Commercial District (C); and, WHEREAS, on January 12, 2009, 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 LOT 11, CITY BLOCK 35 LOCATED AT 221 8TH STREET NE, City of Paris, Lamar County, Texas, from MULTIPLE - FAMILY DWELLING DISTRICT NO. 1 (MF -1) TO A NEIGHBORHOOD SERVICE DISTRICT (NS); 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 provision of this ordinance shall be guilty of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec. 1 -6 of Chapter One of the City of Paris Code of Ordinances, 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. Introduced and read on first reading on January 12, 2009, at a regular meeting of the City Council of the City of Paris and read and passed on second reading on January 26, 2009, at a regular meeting of the City Council of the City of Paris; the same being two (2) separate regular meetings of the City Council of the City of Paris. Section 9. That this ordinance shall become effective from and after its passage of the second reading and publication as required by law. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session, this 26th day of January, 2009. ! 1 � sse Jame;KFreelen, Mayor ATTEST: J ice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar Rity Attorney "NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY 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 YOUR DRIVER'S LICENSE NUMBER" GENERAL WARRANTY DEED (CASH) THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR § THAT, THE UNDERSIGNED, DOROTHY DENNIS, hereinafter called "Grantor ", whether one or more, for and in consideration of the sum of TEN DOLLARS ($10.00) and other valuable consideration to the undersigned in hand paid by the Grantee herein named, the receipt of which is hereby acknowledged, have GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL AND CONVEY unto, THU X PHAM, herein referred to as the "Grantee ", whether one or more, the real property situated in Lamar County, Texas and being described to -wit: SEE EXHIBIT A ATTACHED; This conveyance, however, is made and accepted subject to all easements, rights of way and other matters shown of recorded the office of the Lamar County, Clerk. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said Grantee, Grantee's heirs, executors, administrators, successors and /or assigns forever; and Grantor does hereby bind Grantor, Grantor's heirs, executors, administrators, successors and /or assigns to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee, Grantee's heirs, ex--,;utors, administrators, successors and /or assigns, against every person whomsoever claiming or to claim the same or any part thereof. Payment of the current ad valorem taxes on the property having been assumed by Grantee. DATED THE ,, 'I __ day of SEPTEMBER, 2006. b6ROTHV DENNIS, by and through her attorney in fact, Jeanette D. White EXHIBIT g ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF LAMAR § j The foregoing instrument was acknowledged . before me on the 'day of September, 2006, by JEANETTE D. WHITE, as attorney in fact for D �nis. OTARY PUJLI , STATE OF TEYAS -- .. ,u,a_onaaaanaaeaaaoaaaaanaot� K, RICHEY y (VSPublic STATE OF TEXAS MY commission Expi res 04/09/2008°p Grantee's Address: (After Recording, Return to.-) -TK, �1c vy- 5, 4 Notary's printed name U r. F2 Rro-, Lin f. h2il All that certain tract or parcel of land, situated in Lamar County, Texas and being described as follows; Situated in Lamar County, 'Texas, within the corporate limits of Lite City of Paris, part of the Larkin [rattan Survey and being Lot it of 'City Block 35; Beginning at a steel rod set for corner in the W.U.L. of 801 St. N.B., said point being North a distance of 66.8 feet from Cite point of the intersection of the W.U.L. of 8tit Street N.G. With the N.B.L. of Price St.; Thence North 89° 51 min. West ll14.0 feet to a bois d'arc post found for corner; Thence North 00° 08 Min. West 85.5 feel to a stake found for corner; Thence South 89° 39 min. Last 144.2 feet to a steel rod set for corner in the W.U.L. of 8th St. N.L.; Thence South 85.0 feet along the W.B.L. of 8tli St., N.L. to the place of beginning. r LXMBIT "A" COUNTY CLERK'S MEM': PORTIONS OF THIS DOCUMENT ARE NOT REPRODUCIBLE WHEN RECORDED Friday, October 17, 2008 The Planning and Zoning Commission Community Development Department 150 1 st Street S.E., Paris, Texas 75461 Dear Commissioners, For the purpose of conducting business, I submit this application to you and respectfully request your approval for the zoning change of my property that is located on 221 8"' Street, City of Paris, State of Texas. The mentioned property currently is a residential building, that was built originally in 1920, was remodeled during 1990's (used to conduct "Bed and Breakfast" business -- according to words provided by the seller's daughter -- and converted into a rental property later on) and finally remodeled again following its acquisition in September of 2006. With a significant amount of effort, I have brought this property from unlivable condition to a decent one. Now, I would like to use this property as a place to provide the services to the people of Paris those I treasure the relationship. My business shall be very much "home- base" in nature. With a limited number of customers patronize each day, it will not adversely affect my neighbors. In addition, the area is already a "mix of residential and commercial uses" with heavy traffic flow through 8"' street each day via Pine Bluff street and Lamar street (their intersections is only few hundred feet away from my property) therefore the presence of my business will not change the existing conditions. Further more,.as far as I can see, the overall structure of the building will not be altered, regardless improvements in the future, therefore my business establishment will not cause any adverse impact for the surrounding area. I believe, in my humble opinion, that the establishment of my business on the 8t' street will enhance the safety, the beauty and the value of my own as well as of my neighbor's property. More important, it certainly will generate economic benefits to support my family as well as to contribute to the economic health of this city. Again, for the stated purpose, I request your approval. Paris is a better place to live, according to my choice, it should also be a better place to do business. As an end note, I would like to say thank you for your time. And, your kind consideration is greatly appreciated. ordi Pham, Xuan Thu Thi 221 N.E. 8th Street, Paris, TX 75460. crry OF PARIS COMMUNITY DEVELOPMENT DEPARTMENT P. 0. Box 9037 ■ Paris, Texas 75461 • 903 - 784 -9234 For Office Use Only Request Number: APPLICATION FOR ZONING CHANGE �o\ IZ� Date Rcvd a 0 Mtg Date: TYPE OF ACTION REQUESTED PROPERTY INFORMATION: Address. ZZ./ NE 01/oning Change ❑ Specific Use Permit Name of Business or Building (if applicable): ❑ Planned Development Lot /— Block Subdivision Current Zoning: �E (1l�ct°���— Proposed Zoning: What is the proposed use of the property? �o Describe the character and/or nature of uses of surrounding property..? -Aj.. r n �< S ,:,,( u d 41L.,y J0,3-< 'o nk a,f -o c/ F0 r- 'Vaee�, A 6 ,r C t f n[ Ce QY /' ocP?t�c/ � y �ACcv Will the designation be compatible with the classification and use of adjoining lands? Yes No t �o� If No, how do you propose to reduce any adverse impact? U s1of - ( )A�' e S te_ 01. Le,,aR S74u C?Qclf e) -1 MM VA/'A "/ „1AIr lln,,!� �vtl�/sri� cu-f i eV // /e0 Is the tract uAsuitable for uses permitted under the present zoning c If No, why are you requesting a change in the permitting uses? No �� 2/`ct ✓� �� OWNER /APPLICANT 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 maybe used in lieu ofa permission letter ONLY IF the contract provides that the purchase is (.ontingent upon the applicant successfully obtaining a zoning change.) Applicant's Name: K' at"' l X,, �(r� c Applicant's Address: �X Al E �S� 4l4cty c/ � 7 � Phone: Property Owner's Name: n=UA /tAf %� C� / �' �( t'hone. Property Owner's Address:��-' / /VC g` S� E� - A c LS h k those items which are included): RE IRED SUBMITT (c e �mpteted application signed by the ownerlapplicant If Planned Development requested, include also: 19 iQf Copy of a deed with metes and bounds ❑ Four (4) copies of a preliminary site plan O Permission letter from owner O Copy of contract to purchase the property I have carefully read the complete app 'cation and know the same is true and correct. I hereby agree to comply with all provisions of local, State, and Federal Laws will be com ied with, whether herein specified or not. I certify that I am the owner of the above property or his duly authorized agent. p Signed Address: E All Phone Number: o Print Name: �� t �_ Wit' -- ) co�+t Date: Fax Number: SWQ* TO AANI SUBSCRIBED BEFORE ME this �j_ day of Klece ed Notary c, State of Texas �PUO(o NOV J. E. BAKER N Q V 1 3 2008 ' " +.ly MY COW tMION EXPIRES i�> FILED: FEBRUARY 16, 2009 OF •: Cfty of Paris 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: December 22, 2008 The following zoning change request will be presented at the January 5, 2009, meeting of the Planning and Zoning Commission and the January 12, 2009, meeting of the City Council of the City of Paris for consideration: Pham, Xuan Thu Thi is requesting that the property located on Lot 11, City Block 35, being number 221 8"' Street N.E., be rezoned from a Multiple - Family Dwelling District No. 1 (MF -1) to a Commercial District (C) for the purpose of operating and spa and nail salon. The Comprehensive Plan recommends that this property be zoned Low Density Residential; therefore, the Comprehensive Plan Future Land Use Plan Map must be amended in order to approve this request. A separate hearing on revising the Plan will precede this item on the agenda. Additionally, parking requirements must be taken into consideration at the time of re- zoning. The Parking Ordinance requires on -site parking in an amount dependent upon the total square footage of the structure devoted to the business enterprise (1 parking space for every 200 square feet). Additionally, because this property is adjacent to a residentially zoned area, the parking must be screened and located either beside or behind the building. Therefore, before the applicant could open the proposed business, additional paved and screened parking must be added. If a variance is requested of and granted by the Board of Adjustments, parking along the residential street is the most likely alternative. cc: Kevin Carruth, City Manager W. Kent McIlyar, City Attorney RECEIVED [ _ 2 '� 2008 COLIAMUNITY DEVELOPMENT The City Of Paris P. O. Box 9037 Paris, Texas 75461 -9037 Attn: Lisa A Wright Dear Ms. Wright: This letter is in response to your letter dated December 22. 2008 regarding the Pham Zuan Thu Thi request for zoning change from Multiple — Family Dwelling District No. 1 (MF -1) to a Commercial District (C) on Lot 11, City Block 35, Being numbered 221 8r' Street N. E. The purpose of this letter is to inform the Planning and Zoning Commission that I am opposed to the change. This area is a small residential area with many senior residents who are already concerned with the amount of traffic and crime ip t4 ?r99. 109 not believe that this small residential area should be g9rr Mprcially developed. I am unable to attend the meeting scheduled for January 5, 2009, but I am requesting that the Commission deny the request for change. Than you, R se ary Gregory Property Owner IIJJ 701 E. Price Paris, TX 75460 (903) 785 -1248 (972) 262 -6595