2009-025-ORD APPROVING SITE PLAN FOR 3051 LAMAR AVEORDINANCE NO. 2009 -025
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
APPROVING A SITE PLAN FOR A PLANNED DEVELOPMENT DISTRICT -
COMMERCIAL CENTER (PD -a1), PREVIOUSLY ESTABLISHED BY THE
ENACTMENT OF ZONING ORDINANCE NO. 88 -005, ON LOT 5 AND THE
WEST 10.5 FEET OF LOT 6, BLOCK 1, HAYES HEIGHTS ADDITION,
LOCATED AT 3051 LAMAR AVENUE, PARIS, TEXAS; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A
REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A
PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on February 8, 1988, the City Council of the City of Paris, Texas enacted
Ordinance No. 88 -005, establishing a Planned Development District - Retail Commercial
Center (PD -a1) on Lot 5, and the west 10.5 feet of Lot 6, Block 1, Hayes heights Addition,
located at 3051 Lamar Avenue, Paris, Texas as described in the aforesaid ordinance
(hereinafter the "Property "); and,
WHEREAS, Mark Easlon has filed a Site Plan for the Property in connection with
their plans to build a Travel Office on the Property; and,
WHEREAS, the Site Plan as shown on Exhibit A attached hereto, has been reviewed
by the City Engineer and Community Development Director and is hereby submitted to City
Council for approval.
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 site plan, including the drainage plan, for Lot 5 and the west
10.5 feet of Lot 6, Block 1, Hayes Heights Addition, located at 3051 Lamar Avenue, attached
hereto as Exhibit A, be and the same is hereby, approved.
Section 3. 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the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances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 4. 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 S. 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 6. Any person violating any of the provisions 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 7. That by a supermajority vote of 7 ayes and 0 nays, the City Council voted so
suspend the rule requiring two readings before adoption of this ordinance.
Section 8. 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 first and final reading this 27th day of July, 2009.
ATTEST:
nice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent cIly r, ty Attorney
i
I
I
I
I
I
I
I
I
I-
I
I
I
li
11
I'
II
i
�I
�I
3'6133H- ISM
'3'N 13:. 16l[
is
NL ON
F • � •inn ww++ua•�oMao
x 3NW Saoo+e 240SN"
� 6
3 � .
g S
n .
x F
: L------- - - - - --
�J 411 �
I I I I d
�.�
aI� i i i i a I x g#
i
tj
i
6
is
� �
H
'Ima -Am I vim"
}
z p
Y
0gm
0
�m�
� W
0�
W 0
ZJd
13
� U
1 .1, 11, : -'::�.-I
Ild
aur'PI
tJ
MNO 1"MM KXoPuNf
IIk
al I
Ti
{------ - - - --i
� ------------- L--- - - - - --
=VLJI
1 .1, 11, : -'::�.-I
Ild
CITY OF PARIS
COMMUNITY DEVELOPMENT DEPARTMENT
P. O. Box 9037 a Paris, Texas 75461 a 903 - 784 -9234
APPLICATION FOR ZONING CHANGE
For Office Use my Request Number`:
Date Rcvd: ~���0 Mtg Date t
TYPE OF ACTION REQUESTED: ❑ Zoning Change ❑ Specific Use Permit Planned Development
PROPERTY INFORMATION:
Address: 361SI L_c h,A-,- Aue
Name of Business or Building (if applicable): Se vpl5 Tit'
Lot �_ Block ,Subdivision
Current Zoning: Proposed Zoning:
What is the proposed use of the property? T,-A14
Describe the character and /or nature of uses of surrounding property. 60t'(,-
Will the re -zoned designation be compatible with the classification and use of adjoining lands? J;)/ 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 /
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 property, a copy of
the contract maybe used in lieu ofs permission letter ONL Y IF the contract provides that the purchase Is contingent upon the applicant successfully obtaining a zoning
change.)
Applicant's Name: —ZbQ
Applicant's Address: L514 o h&-.✓oo, G y Phone: Ito 3- 7 r ?5 • O1 el l
Property Owner's Name: Ma r-k a o� c(' l�-oa ( Kak L-7-A4 /iN
Property Owner's Address: S `(0 XA--f4Jo w C)f !ktl y, % 7 S Mfr & Phone: !jD T' 7 a'S - Cr Z q `7
■■ aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaeaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa■
REQUIRED SUBMITTALS (check those items which are included):
:
mpleted 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
1 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. y
Signed: ` �- Address: Z 5 qo At�a,►%/ �✓ ��1
Print Name: c, W S Phone Number: Rn- -Oz4k7
Date: a Fax Number: 7 - 7oe)
SWORN TO AND +SUBSCRIBED BEFORE ME this Ala da of S 20O
G Ada E I VE
N Ic, tate of Texas
FILED: JUN I ? 2009 12/06
JEANNA SCOTT
/ , h NOTARY PUBLIC
BY_ �• ' "" `�'� STATE OF TEXAS
EXHIBIT A t my commission Expires 01 -26 -2011
1J00058
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A 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
(with Vendor's Lien)
THE STATE OF TEXAS )
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR )
THAT I, DOROTHY J. BANKHEAD, INDIVIDUALLY AND DOROTHY J.
BANKHEAD AS INDEPENDENT EXECUTRIX OF THE ESTATE OF LEANDER JACK
BANKHEAD, SR., (herein called "grantor "), of the 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 MARK
EASLON AND WIFE, REGINA EASLON, receipt of which is hereby acknowledged; and
One Hundred Twenty Thousand Seven Hundred and no /100 ($120,700.00) Dollars paid by
GUARANTY BOND BANK — PARIS, Paris, Texas, for the grantee herein at his special
instance and request, which sum of $120,700.00 is evidenced by note executed by grantee herein,
payable to GUARANTY BOND BANK - PARIS as therein provided, secured by vendor's lien
herein retained and additionally secured by deed of trust to Tyson T. Abston, Trustee, for the
benefit of the holder of said note. The vendor's lien herein retained is hereby transferred and
assigned to GUARANTY BOND BANK - PARIS, Paris, Texas, and it is subrogated to all the
rights thereto as if it was the original grantor herein;
have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto
1-
068184 -2009 Pages: 4 WD
03/30/2009 11:19:19 AM By: gretchenb
Lamar County, TX
Kath Marlowe - Count �iiiiii Clerk
T 00005)
MARK EASLON AND WIFE, REGINA EASLON (herein called "grantee "), of the County of
Lamar, State of Texas, where their mailing address is 2540 Meadow Lane, Paris, Texas 75462, all
that certain tract or parcel of land in Lamar County, Texas described as follows:
A part of the George W. Cox Survey, within the corporate limits of the City of Paris, being all of
Lot Five (5) and 10.5 feet off of the West side of Lot Six (6) in Block One (1) of the Hayes Heights
Addition; being further described in Exhibit "A" attached hereto and made a part hereof for all
necessary purposes.
The conveyance evidenced by this deed is made subject to the following, to the extent each affects the within
described property or any part thereof:
Easement and right of way to the State of Texas dated 11/21/47, recorded in Book
298, Page 458, Lamar County Deed Records.
TO HAVE AND TO HOLD the within described premises, together with all and singular
the rights and appurtenances thereto in anywise belonging unto MARK EASLON AND WIFE,
REGINA EASLON, their heirs or assigns forever, and grantor hereby binds themselves, their
heirs, executors, administrators, personal representatives, successors and assigns, to Warrant and
Forever Defend, all and singular the within described property and premises unto MARK
EASLON AND WIFE, REGINA EASLON, their heirs and assigns, against every person
whomsoever lawfully claiming, or to claim the same, or any part thereof.
BUT IT IS EXPRESSLY AGREED and stipulated that the vendor's lien is retained as
aforesaid against the within described property, premises and improvements until the above
described note, and all interest thereon, are fully paid according to its face and tenor, effect and
reading, when this deed shall become absolute.
WITNESS my hand this 27th day of March, 2009.
-2-
• UUUU66
DOROTHY J. DANKHEAD, INDIVIDUALLY AND AS
INDEPENDENT EXECUTRIX OF THE ESTATE OF
LEANDER JACK BANKHEAD, SR.
THE STATE OF TEXAS )
COUNTY OF LAMAR )
THIS instrument was acknowledged before me on the day of March, 2009, by
DOROTHY J. BANKHEAD. 111)
'_ v •,� X10 ] tr44Y+Qt76A �
. �N� Y N��•.. ` DENISE MOFFITT2
=2: `�: (Votary Public
STATE OF TEXAS
,y= My Commission
:.>,9;res 12/02/2009
fir.•., �... ., ... .- nnn�,. r..
AFTER RECORDING RETURN TO:
Mark & Regina Easlon
2540 Meadow Lane
Paris, Texas 75462
Notary Public, State of Texa
-3-
00061
PREPARED IN THE LAW OFFICE OF:
A. W. Clem, Attorney
c/o The Moore Law Firm, L.L.P.
100 N. Main, Paris, TX 75460 -4222
i
all that cavaiu
tract or parcel of land situated in'iamar 6iinEy texas, and described
as follows, to -wits Situated within the Corporate 11zits 6f the City of
Parts, County of Lamar and State of Taxas; a part of the George W. Cox
Survey and being a description of'all of Lot 5 and 10.5 test off tha
West aids of Lot 6, B1pek 1, of the Hayes Heights, Addition, said
Addition being duly recorded in the Flat Records of said County and State
DEGINN32M at 'an iron pipe for corner in the North Boundary pine
of Lamar Avenue, said point being 390 feet East of tbie East Soundary
Line of US, #aid point for corner being the present Southwest corner
of :aid Lot 5;
THENCE Vorth a distance 209 feet to an iron post for corner at the
Northwest corner of said Lot. S;
•THENCE East at 100 feet being the Northeast corner.of said Lot S,
continuing on a total distance of 140.3 feet to a stake for corner. in
the Borth Boundary Line of said Lot 6;
THENCE'South a distance-of 209 feet to a stake for corner in they
North Boundary Lino of Lamar Aveaue;'
THENCE west at 10.5 feet being the present Bouthrast-cornar of
said Lot 6, continuing ea a total distance of 110_5 feeti to the place
of beginning, the above field notes being taken from an actual- survoy
made on the ground by W. A. Abbott, Registered PubUc Surveyor of Texas,
April 15, 1966, SUBJECT to all ssatrictive covenants, easements and
rights -of w&V of record..
EXHIBIT-A
R UULU6G
loo-1111
TO: Honorable Mayor and Members of the City Council of the City of Paris
airman and Members of the Planning & Zoning Commission
FROM: h wn Napier, P.E., Director of Engineering, Planning and Development
SUBJECT: Site Plan for 3051 Lamar Avenue
DATE: June 29, 2009
I have reviewed the site plan of the above - subject property and recommend the following:
1. Label location and dimensions of all existing and proposed off - street parking areas
including: location and dimensions of off - street stalls and label existing stalls.
Provide a back up or turn around area for the two northern most parking spots.
2. Label location and size of water and sewer taps, water meter, and on -site utility
lines and backflow devices.
More information is needed on the proposed drainage to be installed. Show the
entire drainage area map. Provide a plan and profile of the storm sewer pipe. This
plan should include existing and proposed ground level. Please include elevation
information from the west side of Lot 6. Provide a detail of the proposed inlet at
the north end of the storm sewer pipe and submit a proposed detail for a structure on
the south side of the pipe to prevent erosion.
cc: Kevin Carruth, City Manager
W. Kent McIlyar, City Attorney
W UUUU6 3
z 9 19
QW a fin°
JAW
Z °aa
IN
gall t
M,5 wj
J �� b�
ILa all z 13 �
a
I
U'w Nip
»5 A w1 AI E
uyp AbNN 9Sd C b ''� I I I
8 � diy iu
5 557
All,
bbk
u
rm' �� I
Q M D 1
A/rols W■
wn'nd um -P" wm-3 I I�
6 6
ak
7
I
7N 1046 LW
M V 0006 Z
�m.
r
L J
j^
I „
_
i
r
f
r
r
�
yn _
6
a
a*
�
toot
-
y�
�* ••
±w try:
.. ,
a
ak
i
,
:k
G^
A
s.
goo
Jo
0
rl
�.
OF
I
�a
0
m
w 1) 1) 11119 f�
� \\
\\
■ \ \ \
■ \� �� \
;
w
13
000067
s �,q
G
Y "W