2009-024-ORD REZONE 2735 FARM MARKET 79ORDINANCE NO. 2009 -024
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 17, CITY
BLOCK 324, LOCATED AT 2735 FARM MARKET 79, CITY OF PARIS,
LAMAR COUNTY, TEXAS, FROM A LIGHT INDUSTRIAL DISTRICT (LI) TO
A COMMERCIAL DISTRICT (C) 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 17, City Block 324,
located at 2735 Farm Market 79, City of Paris, Lamar County, Texas from a Light Industrial
District (LI) to a Commercial District (C); and,
WHEREAS, on July 6, 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 July 27, 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 17 City Block 324, 2735 Farm market 79, City of Paris, Lamar County, Texas,
from Light Industrial District (LI) to Commercial District (C), 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 27th day of July, 2009. ,
ATTEST:
�iceffllis, City Clerk
APPROVED AS TO FO M:
W. Kent McIlyar, torney
, e
sse Jam Freelen, Mayor
f',i
CITY OF PARIS
COMMUNITY DEVELOPMENT DEPARTMENT
P. O. Box 9037 ■ Paris, Texas 75461 ■ 903 - 784 -9234
APPLICATION FOR ZONING CHANGE
TYPE OF ACTION REQUESTED: Zoning Change
PROPERTY INFORMATION:
For Office Use Only Request Number:
Date Rcvd: � qi� 1 09 Mtg Date:. " \ U-
❑ Specific Use Permit ❑ Planned Development
Address: /' • 7
Sce-'T " l
Name of Business or Building (if applicable): / % � -� G 2oC C— P— �f f —>e—; C> / T1 E -C 4',TAJ�9
Lot 1- Block _ Subdivision %f ( r
Current Zoning: 4J' ropo�e , g:
What is the proposed use of the property? C_'oNUE /(1 / ,5NC E S7-0 le-0
Describe the character and /or nature of uses of surrounding property. SS ,69 , RES-T�auP- N ?7l
�E Sl D6&2— /A L
Will the re -zoned designation be compatible with the classification and use of adjoining lands Yes 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 Q
If No, why are you requesting a change in the permitting uses?
1111
OWNER/APPLICANT INFORMATION: (If you are not the owner, a permission letter from the owner is required. If you are purchasin�rty� 1
the contractmay be used in lieu of* permission letter ONLY IF the contract provides that the purchase is contingent upon the applicant successfully obtaining a zoning
change.)
Applicant's Name: 9 /L E EAJd PH6'N6-
Applicant's Address: 17-3-5— F M' -79
Property Owner's Name: i5-TL 5�5/V 00 A/ F/U6-
Property Owner's Address: % 7S �, %f� 7�� l' A'2 /S 7/` 7��40 Phone: /03 " �` 7� �Pf
R OUIRED SUBMITTALS (check those items which are included):
tg ompleted 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
Phone: 9� 3 ' % �� is 7fvc
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.
Signe Address: r tl�•
Print Name: - Phone Number: 03 7
Date: 6 9- JoI Fax Number:
SWORN TO AND SUBSCRIBED BEFORE ME this day of c R� '20 oq
GVE1 V
Notary ublic ate a,, HOLLY SCOTT
FILED: JUN 17 2009 '' io��`••`;;: Notary Public
tAr; ;str STATE OF TEXAS
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EXHIBIT "A"
TRACT ONE:
situated about 2 1/2 miles North 50 Deg. Weartfofhthel JosephaAmes
County of Lamar, and State o_ Texas, a P F.
Survey 1128 and being a 0.92 of tract of land, conv
the Deed Records
Spencer by deed recorded in Vol. 596, Page 669,
of said County and State.
BEGINNING at a post for corner at the Northwest corner of said
0.92 acre tract. le iron rod for
TF.ENCE SOUTH a distance of 200.5 feet to an am
corner at the Southwest corner of said 0.92 acre tract;
THE1dCE SOUTH 80 Dec, East a distance of 200 feet to an iron
of said 0,92 acre tract;
pipe for ccrner at the Southeast corner
THENCE NCR-.- a distance of 200 feet to a nail for corner at
the Northeast ccrner said 0.92 ac boundary e tract; ;of Farm Road 79 as
THENCE alcr.g around a curve to the right
follows: North 80 Deg. West 95.9 feet;
105.5 feet to the place of beginning.
TRACT WO:
- 0 Dec. West of the City Of Paris,
5
Situated -_-cut 2.. �i'_es Ncr_ a art of the Joseph Ames
T.ar, and State Of P trace and
Ccur.t ;� of _° ° c_
c•ur #28, and being a =art Of a called 9.66 acre c
vey deed reccrded in Vol. 597, Page 76., of
conveyed George Fencer �Y
said County and State.
e Deed neccrds o_ said 66 acre
-EC -I: SING t e North er'_y Northwest corner ct
cf s called 0.5C6 acre
tract, said rc' Leing
--e Northeast coiner
tract of '_and conveyed Sccttze Ncrre'a1 by deed reccrded =n Vol-,
�' ?ace E2D, of said ?.eccrds% c ,cc 5c
6-1, ,- ?p `ec. West a distance c_ _ _
'.EN CE South 2 Dec. d -... - c c'
T' for ccrner at an e' comer of
sa d
ft. tc an _rc.. c_pe ('_) 0.906 acre tract;
acre rag" east ccrner c`- said
, ,r:n. 25 Sec. West a distance o`_ 199.5'
"HENCE °Ncrt.. 7, Dec. - Westerly Ncr2hwest
to a.. angle le^ cr for corner at the Y
c.6_ __ac' anc the Southwest ccrner Of sa_c
ccrner c'_ said ° tract
0.906 acre tract;
THENCE South 2 Dec. 27 Min. 23 Sec. West along the Wester!'!
66 a a distance Of 10.0 -°
ft
West _-our.dar� lire Of said 5 ere tract
to an iron pin (s) for corner; ,9i
-HENCE South 79 Dec. 41 min. 26 Sec. East a distance of 159
ft. to an iron pia (s) ^ t..r corner; 207.94
THENCE North 7 Dec. 50 :din. :5 Sec. East a distance cc
to an iron pin (s) for corner; the South
-HENCE North 79 Dec. 40 td:.n, 24 Sec. west along
boundary line of Farm Rcad 7°-0 0 distance ac s of lande ft t0 the place
c_` beginning and containing
C01)%1Y C! f ;i ;r
. GGGG J
MEMORANDUM
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: June 24, 2009
The following zoning change request will be presented at the July 6, 2009, meeting of the
Planning and Zoning Commission and the July 27, 2009, meeting of the City Council of the City of
Paris for consideration:
1. Eileen Pheng is requesting that the property located on Lot 17, City Block 324, being
number 2735 Farm Market 79, be rezoned from Light Industrial District (LI) to a
Commercial District (C). The Comprehensive Plan recommends that this property be
zoned Commercial.
cc: Kevin Carruth, City Manager
W. Kent McIlyar, City Attorney
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