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2009-009-ORD REZONE 3210 LAMAR AVEa ORDINANCE NO. 2009 -009 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 1, CITY BLOCK 289, LOCATED AT 3210 LAMAR AVENUE, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A PLANNED DEVELOPMENT DISTRICT (PD -a) RETAIL SHOPPING CENTER TO A GENERAL RETAIL DISTRICT (GR), 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 Lot 1, City Block 289, located at 3210 Lamar Avenue, City of Paris, Lamar County, Texas from a Planned Development District (PD -a) Retail Shopping Center to a General Retail District (GR); and, WHEREAS, on February 2, 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 deny said proposed zoning change, thereby requiring a three - quarter (3/4) majority vote of the City Council to approve the rezoning of the property; and, WHEREAS, on February 23, 2009, following notice and publication as required by law, 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 of the public health, safety, and welfare of the citizens of the City of Paris, and approved the rezoning of the property from a planned Development District (PD -a) Retail Shopping Center to a General Retail District GR by a vote of 7 for 0 against. 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 1, City Block 289, located at 3210 Lamar Avenue, City of Paris, Lamar County, Texas, from a Planning Development District (PD -a) Retail Shopping Center to a General Retail District GR, 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 February 23, 2009, at a regular meeting of the City Council of the City of Paris and read and passed on second reading on March 9, 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 on by the City Council of the city of Paris, in regular session on this the 9th day of March, 2009. J ATTEST: sse Jamo Freelen, Mayor ice Ellis, City Clerk APPROVED AS T FORM: W. ent ly ty Attorney %.t i T yr r /-kmio COMMUNITY DEVELOPMENT DEPARTMENT P. 0. Box 9037 ■ Paris, Texas 75461 a 903 - 784 -9234 APPLICATION FOR ZONING CHANGE For Office` `se Only Request Number: Date Rcvd: \ Mtg Date: 2A `C) TYPE OF ACTION REQUESTED: oning Change ❑ Specific Use Permit ❑ Planned Development PROPERTY INFORMATION:: Address: , - 113 L/9 M A A Name of Business or Building (if applicable): Lot —_ Block Q 3 1 Subdivision Current Zoning: PLG NN E 0 D2V e(q0 M L `"\ Proposed Zoning: L d✓� 1 What is the proposed use of the property? h k L (V kAI L Describe the character and /or nature of uses of surrounding property. GU A kV1% Nt4 —Ta Uy, 3DJ17 LAVVNVAV1, AC RO sS THe SRI =I-T 1S Kt�� k CA2�v'� P 3a3S(A, Will the re -zoned designation be compatible with the classification and use of adjoining lands( YD 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 6 If No, why are you requesting a change in the permitting uses?'-- '-A) O U L A (V\ 0\ k e Th j T2c,Aek�u R" (?ASieA_ ��0CeSS To Wo2k t'iUI OWNER /APPLICANT INFORMATION: (N you are not the owner, a permission letter from the owner is required. K 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 contingent upon the applicant successfully obtaining a zoning change.) Applicant's Name: Uf --�, V 1 V--) '* L 6 0 to -T IAO MA Applicant's Address: �U MlvEr, TX 1 D-7 S 711 S Phone: q a 77 gSS7S I Property Owner's Name: S�A v� P Property Owner's Address: ��� Q Phone: ■ ago as ass aaaaE sun aa Mass a anus soaa Mason aaaaaaaaaaaaa■ aaaaaeaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa■ RE .PUIRED SUBMITTALS (check those items which are included): Completed application signed by the owner /applicant If Planned Development requested, include also: 216opy 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: (E C Address: i 0 7S 3 LQ't S£ Print Name: ED Y Tl-lo .,.� Phone Number: -7 g S- 7S 2 1 - '7d �o y tu02� Date: Fax Nj�mber: 7.Y SWORN TO AND SUBSCRIBED BEFORE ME this L1 f r � .� - C STACIE BYRD Notary Public State Texas JAN 3 21i Notary Public, State of Texa �i;; .,h My Commission Ems. W-02 -2010 3 FILED: BY: EXHIBIT 058604 -2008 Pages: 2 WD 04/16/2008 10:01:39 AM By: gret.ehenb Lamar County, TX Kath Marlowe - Count Clark NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU AREA NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER WARRANTY DEED r THE STATE OF TEXAS ) G�- 1 1 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR ) THAT I, EDNA M. PARKS, Individually and as Sole Trustee of The Billy J. Parks and Edna M. Parks Revocable Living Trust, by Agreement dated April 22, 1992 (herein called "grantor "),'ofthe County of Lamar, State of Texas, for and in consideration of the sum of Ten ($10.00) and more Dollars cash to me in hand paid by EDDY & DAVID THOMAS 'FINANCIAL, INC., A Texas Corporation, receipt of which in full is hereby acknowledged; have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto EDDY & DAVID THOMAS FINANCIAL, INC., A Texas Corporation (herein called "grantee "), of the County of Lamar, State of Texas, where its mailing address is 4455 Lamar Avenue, Paris, Texas 75460, all that certain tract or parcel of land in Lamar County, Texas described as follows; Subject To restrictive covenants of record in Book 320, Page 29, Lamar County Deed Records: A part of the Joseph Leach and George. W. Cox Surveys within the corporate limits of the City of Paris; described by metes and bounds as follows`. IN BEGINNG at a point in the SB dine of U.S. Highway 82 (Lamar Avenue) which is 221.3 feet East of its intersection with the common boundary line of the above mentioned Leach and Cox Surveys; THENCE SOUTH 183 feet, a stake; THENCE EAST 75, feet, a stake; THENCE NORTH 184 feet, a stake in the SB line of Lamar Avenue; THENCE WEST with the SB line of Lamar Avenue 75 feet to the place of beginning, and being the same property described in deed to Billy J. Parks and Edna M. Parks, Trustees of The Billy J. Parks and Edna M. Parks Revocable Living Trust, dated April 22, 2002, of record in Book 1274, Page 40, Lamar County Real Property Records; reference being made to all the above mentioned instruments and records for all necessary purposes. TO HAVE AND TO HOLD the within described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto EDDY & DAVID THOMAS FINANCIAL, INC., A Texas Corporation, its successors or assigns forever, and grantor hereby binds herself, her heirs, executors, administrators, personal representatives; successors and assigns, to Warrant and Forever Defend, all and singular the said premises unto EDDY & DAVID THOMAS FINANCIAL, INC., A Texas Corporation, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. WITNESS my hand this 9th day of April, 2008. Effective April 14; 2008 EDNA M. PARkS, Individually and as Sole Trustee of The Billy J. Parks and Edna M. Parks Revocable Living Trust, by Agreement dated April 22, 2002 THE STATE OF TEXAS ) COUNTY OF LAMAR ) THIS instrument was acknowledged before me on PARKS, in the capacities therein stated. 110 K MBERLY K� RICKEY Notary Public STATE TEXAS Coaft ErP pyp1►2012 AFTER RECORDING RETURN TO: Eddy & David Thomas Financial, Inc. 4455 Lamar Avenue Paris, Texas 75460 9�day of April, 2008, by EDNA M. of PREPARED .IN THE LAW OFFICE OF: A. W. Clem, Attorney c/o The Moore Law Firm, L.L.P. 100 N. Main St., Paris, TX 75460 -4222 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: January 22, 2009 The following zoning change request will be presented at the February 2, 2009, meeting of the Planning and Zoning Commission and the February 26, 2009, meeting of the City Council of the City of Paris for consideration: 1. David and Eddy Thomas are requesting that the property located on a Lot 1, City Block 289, being number 3210 Lamar Avenue, be rezoned from a Planned Development District (PD -a) Retail Shopping Center to a General Retail District (GR). The Comprehensive Plan recommends that this property be zoned General Retail; therefore, approval of this request would comply with the Future Land Use Plan Map. cc: Kevin Carruth, City Manager W. Kent McIlyar, City Attorney