2009-022-ORD REZONE 3070 LAMAR AVEORDINANCE NO. 2009 -022
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 LOTS 25 AND 26,
CITY BLOCK 249 CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A
PLANNED DEVELOPMENT DISTRICT (PD -a) RETAIL SHOPPING CENTER
TO A GENERAL RETAIL DISTRICT (GR) LOCATED AT 3070 LAMAR
AVENUE, 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 25 and 26, City Block
249, located at 3070 Lamar Avenue, City of Paris, Lamar County, Texas from a Planned
Development District (PDa) Retail Shopping Center to a General Retail District (GR); and,
WHEREAS, on June 1, 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 approve the requested
zoning; and,
WHEREAS, on June 22, 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.
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 25 and 26 City Block 249, located at 3070 Lamar Avenue, City of Paris, Lamar
County, Texas, from a Planned Development District (PDa) 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. That the City Council voted by a supermajority vote of the entire Council
to suspend the rule requiring two readings before adoption of ordinances 7 ayes and
0 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 on by the city Council of the city of Paris, in regular session
on this the 22nd day of June, 2009.
esse Jam Freelen, Mayor
__ATTEST:
ce Ellis, City Clerk
APPROVED AS TO FORM:
Y,2a!2 Z===--
W. Kent McIlya (IC i 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"
WARRANTY DEED
(CASH)
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THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR §
THAT, WE, THE UNDERSIGNED, BARNEY W. BRAY III AND WIFE, DEANNA BRAY,
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, D. WAYNE BROWN herein referred to as the
"Grantee ", whether one or more, the real property situated in Lamar County, Texas and being described
to -wit:
Situated --in Paris, Lamar County, Texas a part of the GEORGE W. COX SURVEY and
being more fully described as two tracts of land fully described on Exhibit A attached
hereto.
This conveyance, however, is made and accepted subject to the following: 1) Guy and Anchorage consent
dated April 26, 1951, from a E. Hayes to Texas Power and Light Company of record in Volume 318 Page 491 Deed Records of Lamar
County, Texas. 2) Right of Way and Easement from Floyd E. Malone et ux to Texas Power and Light Company dated March 27, 1951,
of record in Volume 318 Page 389 Deed Records of Lamar County, Texas.3) Easement and Right of Way to Texas Power and Light
Company dated April 26, 1945, of record in Volume 27A Page 617 Deed Records of Lamar County, Texas. 4) Right of Way Easement
to the State of Texas dated November 21, 1947, of record in Volume 298 Page 459 Deed Records of Lamar County, Texas. 5) Easement
and Right of Way to Texas Power and Light Company dated August 19, 1953 of record in Volume 337 Page 557 Deed Records of Lamar
County, Texas. 6) Right of Way and Easement to the State of Tecas dated November 21, 1947, of record in Volume 298 Page 458 Deed
Records of Lamar County, Texas. 7) Restrictive covenants recorded in Volume 272 Page 349 and Volume 318 Page 146, Deed Records
of Lamar County, Texas.
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, exedutors, administrators, successors
and /or assigns, against every person whomsoever claiming or to claim the same or any part thereof.
EXECUTED EFFECTIVE THE 5TH day of JANUARY, 2007.
BARNEY )k BRAY III
DEANNA BRAY J
THE STATE OF TEXAS
COUNTY OF LAMAR
ACKNOWLEDGMENTS
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The foregoing instrument was acknowledged before me on the 'D �4ay of JANUARY, 2007, by BARNEY
W. BRAY 111.
Public
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p. OBIOVA20093 NOTARY PUBLIC, STATE 0 T TEXAS
My Commission Expires
THE STATE OF TEXAS
COUNTY OF LAMAR
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The foregoing instrument was acknowledged before me on the 3`e"day of JANUARY, 2007, by DEANNA
BRAY.
Notary's printed name
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DIANN BRANCH
Notary Public
STATE OF TEXAS
mv�o�r!. Exp. 080/2009,
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My Commission Expires
Grantee's Address:
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NOTARY PUBLIC, STATE OF TEXAS
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EXHIBIT
TRACT 1
A part of the Geo. W. Cox Survey, described by metes and
bounds as follows, to -wit:
BEGINNING at a stake in the SB line of U.S. Highway 82,
formerly Lamar Avenue at the NE corner of the tract of land conveyed
by Harriet Ayres McKellar to 0. E. Hayes on July 7, 1944 by deed
recorded in Book 273, Page 442, Lamar County Deed Records.
THENCE WEST with the SB line of said Highway, 200 feet, more
or less, a stake at the NE corner of the tract of land conveyed
0. E. Hayes and wife, Ruby C. Hayes to Floyd Malone by deed
recorded in the Deed Records of Lamar.Co_unty, Texas;
THENCE SOUTH with the EB line of said Malone tract of land
667 feet, more or 1 e ss , at stake at "i is SE corner i n' the SB 1 i ne
of said McKellar -Hayes tract of land;
THENCE EAST with said SB line 200 feet,.more or less to the
SE corner of said Hayes - McKellar tract;
THENCE NORTH with the WB line 660 feet, more or less, to the
- place of beginning.
SAVE AND EXCEPT AND LESS the following described tract of
land heretofore conveyed to 0. L. Rainey by deed dated May 9,
1975 of record in Book 569, Page 516, Lamar County Deed Records.
A part of the George W. Cox Survey within the corporate limits
of the City of Paris and of the tract of land described in deed
from Lois Lorene Hayes to David C. Hayes dated November 12, 1965 of
record in Book 436, Page 371, Lamar County Deed Records, described
by metes and bounds as follows in accordance with a survey made
by W. R. Abbott, Registered Public Surveyor 6n April 28, 1975.
BEGINNING at a stake at the SE corner of said David C. Hayes
tract of land.
THENCE NORTH with its EB line 383 feet, a stake;
THENCE NORTH 86 De'g. 35 Min. West 200.2 feet, a stake in the
WB line of said Hayes tract of land;
THENCE SOUTH with said WB line 395 feet, a stake at the
SW corner of said Hayes tract of land;
THENCE EAST with its SB line 200 feet, to the place of beginnin
containing 1.79 acres of land.
TRACT 20 S
COUNTY CI..ERK'S MEMO:
PORTIONS OF THIS DOCUMENT
ARE NOT REPRODUCIBLE
WHEN RECORDED
Situated within the corporate limits of the City of Paris, County of Lamar
and State of Texas, a part of the George W. Cox Survey X1164 and being a part of a
tract of land conveyed Floyd E. Malone by deed recorded in Vol. 313, Page 174 of
the Deed Records of said County and State.
BEGINNING at an iron pin for corner in the South Boundary Line of Lamar Ave.,
at the present Northeast corner of said Malone tract of land.
THENCE WEST along the South Boundary Line of said Lamar Ave. a distance of 50
ft. to an iron pin for corner;
THENCE SOUTH a distance of 225 ft. to an iron pin for corner;
THENCE SOUTH 76 Deg. 30 Min. East a distance of 51.4 ft. to an iron pin for
corner;
THENCE NORTH along the East Boundary Line of said Malone tract of land a
distance of 237 ft. to the place of beginning and containing 0.265 acre of land.
CITY OF PAR16
COMMUNITY DEVELOPMENT DEPARTMENT
P. 0. Box 9037 e Paris, Texas 75461 c 903 - 784.9234
APPLIICATION FOR ZONING CHANGE
TYPE OF ACTION REQUESTED
PROPERTY INFORMATION:
Address: 3 o / �2 ,,)
For Office Us Onl(y� Request Number: It
Date Rcvd: `t,�_ Mtg Date: `
,]/Zoning Change ❑ Specific Use Permit
Name of Business or Building (if applicable): _
Lot �9 ( _0 Block_ Subdivision
Current Zoning: ?�
❑ Planned Development
Proposed Zoning:
What is the proposed use of the property? A e-'-1141 ,
Describe the character and /or nature of uses of surrounding property.eIA i 1 Iyek��^
Will the re -zoned designation be compatible with the classification and use of adjoining lands. Ye No
If No, how do you propose to reduce any adverse impact?
Receiv C/
14AM.9 Yn _
Ulty
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y
Is the tract unsuitable for uses permitted under the present zoning classification? Yes /0 RECD YWI rwlv.,q (ZA S
If No, why are you requesting a change in the permitting uses? 1 �)2.��� R �� L �'✓
J`V- er' -Pla , r I 9 1
OWNER /APPLICANT INFORMATION: (If you are not the owner, a permission letter from the owner is required. It you are purchasing the property, a copy Of
the contractmay be used in lieu ofe permission letter ONL Y IF the contract provides that the purchase is contingent upon the applicant successfully obtaining a zoning
change.) _
Applicant's Name:
Applicant's Address: 32 33 L`9 -1� R rz
Phone:�d
Property Owner's Name: r
Property Owner's Address: Phone: �a-3 - ! "7 ~
Property ® e® ee® e�eeer as® ra ■�c ®�es� ® ®ecseira�®ao ®c ®eoser ca
REQUIRED SUBMITTALS (check those items which are included):
Vompleted 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: i L-J U Address:
Print Name: _ a�A% Phone Number �i 3
Date: _ �1 Fax Number:
SWORN TO AND SUBSCRIBED BEFORE ME this�q day of C 20 0�
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FILED: L4 4X,'
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STATE OF TEXAS
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MEMORANDUM,,,, 6
ansti�eX � y�9
as
TO: Chairman and Members of the Planning and Zoning Commission
Honorable Mayor and Members of the City Council
FROM: Planning and Development Department
SUBJECT: Zoning Change Requests
DATE: May 26, 2009
The following zoning change request will be presented at the April 6, 2009, meeting of the
Planning and Zoning Commission and the April 27, 2009, meeting of the City Council of the City
of Paris for consideration:
1. Wayne Brown is requesting that the property located on Lots 25 and 26, City Block
249, being number 3070 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 District (GR).
cc: Kevin Carruth, City Manager
W. Kent McIlyar, City Attorney
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