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2009-030-ORD REZONE 2750 BONHAM STORDINANCE NO. 2009 -030 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 19, BLOCK 8, SPERRY ADDITION, LOCATED AT 2750 BONHAM STREET CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A SINGLE - FAMILY DWELLING DISTRICT NO. 2 (SF -2) 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 19, Block 8, Sperry Addition, located at 2750 Bonham Street City of Paris, Lamar County, Texas from a Single - Family Dwelling District No. 2 (SF -2) to a General Retail District (GR); and, WHEREAS, on August 3, 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; WHEREAS, on August 24, 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 Future Land Use 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 Single - Family Dwelling District No. 2 (SF -2) to a General Retail District (GR) by a 3/4 majority vote of 7 ayes and 0 nays. 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 19 Block 8, Sperry Addition, located at 2750 Bonham Street, City of Paris, Lamar County, Texas, from a Single- Family District No. 2 (SF -2) 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 S. 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 24th day of August, 2009. el- sse Ja s Freelen, Mayor ATTEST: ice Ellis, City Clerk APPROVED AS TO FORM: W. Kent M ar, i Attorney VC:) . F- ---i 1Ct i3 e�t 6 1862 ;-5 2 EXHIBIT A A part of the ASA JARMAN SURVEY within the corparate limits of the City of Paris, and being Lots No. 19 and 23, the East half of Lot No, 22, and the West half of Lot No. 24, all in Block No. 8 of the SPERRY ADDITION to the City of Paris, according to plat of such Addition of record in'Book 1, Page 15, Lamar County Plat Records; described by metes apd bounds as follows: Commcncing at a point 20 feet South of the NE corner of Block No, 10 of the Sperry Addition, this point being also 20 feet South of the NE corner of the Berry 14 -acre tract of land, and the lands and premises herein conveyed described as follows, BEGFNNJNG at a point in the NB line of U.S. Highway 82, Old Bonham Road, this point being 175 feet West of the SE corner of 'Block No. 8, and in the center of the SB line of Lot No, 24 in Block No, 8 above mentioned; THENCE NORTH 200 feet, a stake in the SB line of Lot No. 28 in Block No. 8; THENCE WEST 25 feet, a stake at the SE corner of Lot No_ 19 above mentioned; THENCE NORTH 5o feat, a stake at the comxrron corner of Lots No. 18, 19, 28 and 29 in said 131ock No, 8; T -WNCE WEST 200 feet, a stake in the EB line of Park, Avenue, at the common comer of Lots No, 18 and 19; TH]✓NCE SOUTR' with the BB line of Park Avenue 50 feet, a stake at the corranon corner of Lots No. 19 and 20 in raid Block No. 8; THENCE EAST 125 feet, a stake in the center of the N13 line of Lot No. 22 in Block No. 8; THENCE SOUTH with said center line 200 feet, a stake in the NB line of U-S_ Highway 82; TFHrNCE EAST with the NB line of U.S. Highway 82 a distance of 100 feet to the place of beginning, and being the same property described in deed to Ray Spencendated August 12, 2002, of record in Book 1226, Page 0199, Lamar County Real Property Records; reference being made to all the above mentioned instruments and records for all necessary purposes; COUNTY CLEPIK'S MEIMO: PORTIONS OF THIS DOCUMENT ARE NOT REPRODUCIBLE WHEN RE-CORDED WEST -- 200.00' Z) O o O U') `° Z EAST WEST 125.00' 25.00' = o o = F- o o F- 0 N NZ EAST 100.00' r i C77 Nj ho s Ail and f t ", ` ' j � Y� `� f� �♦# 4't: Val s 'w. le _ � ��� ���'" r�'� x � =`fit,♦. �� 9 ,. 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A W,� � , MEMORANDUM TO: Chainnan 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: July 24, 2009 The following zoning change request will be presented at the August 3, 2009, meeting of the Planning and Zoning Commission and the August 24, 2009, meeting of the City Council of the City of Paris for consideration: 1. Pat Taylor is requesting that the property located on Lot 19, Block 8, Sperry Addition, being number 2750 Bonham Street, be rezoned from a Single Family Dwelling District No. 2 (SF -2) to a General Retail District (GR). The Comprehensive Plan recommends that this property be zoned Low Density Residential. Approval of this request would require an amendment to the Comprehensive Land Use Map. cc: Kevin Carruth, City Manager W. Kent Mellyar, City Attorney 1L0 Y 1 I W L F- r%txl*.7 COMMUNITY DEVELOPMENT DEPARTMENT P. 0. Box 9037 a Paris, Texas 75461 c 903- 784 -9234 APPLICATION FOR ZONING CHANGE TYPE OF ACTION REQUESTED: O'Zoning Change Specific Use Permit ❑ Planned Development PROPERTY INFORMATION: Address: i� For Office Use my Request Number: Date Rcvd: t ( ( Mtg Date: V L t �✓ 0 Name of Business or Building (if applicable): Lot 0 Block p Current Zoning: 1Ce�tc�t Subdivision t�P Proposed Zoning: What is the proposed use of the property? -- I- W I tii Q-- Describe the character and /or nature of uses of surrounding property. C G R&5,90.� Will the re -zoned designation be compatible with the classification and use of adjoining Ian s? Yes o If No, how-do you propose to reduce any adverse impact? Is the tract unsuitable for uses permitted under the present zoning classification G No 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 1 u ofa permission letter ONLY IF the con trec t provides thal the purchase Is contingent upon the applicant successfully obtaining a toning change.) . - Applicant's Name: Applicant's Address: &A / Phone:94 23 —_SP — ,Laos Property Owner's Name: I Property Owner's Address: 5t 57 6� t-Ja&I S It IV + o Phone: lf02 —619s i dl EL ®L'cfoCCCtit•llc ®tEtt ■tttt HRtt 'ttattt0 WE tt[t[ttttleteet 6 tMt ettaet[CCt Ctt tt t SEEK Emmet tt we Ctttetret 6a7tte REQUIRED SUBMITTALS (check those items which are included): R-C,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 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 a ove property or his duly auth ' ed agent. _ Signed: Address: 44,k- PrintName: Phone Number: waxtv,4t Date: Fax Number: — SWORN TO AND SUBSCRIBED BEFORE ME this 10-01 day of J1 2009. . a.w. _ \\���ntuuurrirf� . Nota Public, State of Texa �� \\ V r ry �\. y P U FILED: `' FI gtE �� /CI 2106 = Qi o l BY Zsrq rE oy' E0X-"