2009-035-ORD APPROVING SITE PLAN 2835 10TH ST NEORDINANCE NO. 2009 -035
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
APPROVING A SITE PLAN FOR A PLANNED DEVELOPMENT DISTRICT -
HOUSING DEVELOPMENT OR COMMUNITY UNIT DEVELOPMENT
CENTER (PD -b), PREVIOUSLY ESTABLISHED BY THE ENACTMENT OF
ZONING ORDINANCE NO. 95 -051, ON LOT 4, BLOCK A, TOWNWOOD
ESTATES #1 ADDITION, LOCATED AT 2835 10TH STREET NE, 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 November 13, 1995, the City Council of the City of Paris, Texas
enacted Ordinance No. 95 -051, establishing a Planned Development District - Housing
Development or Community Unit Development (PD -b) on Lot 4, Block A, Townwood
Estates #1 Addition, located at 2835 10th Street NE, Paris, Texas as described in the
aforesaid ordinance (hereinafter the "Property "); and,
WHEREAS, Bobby Smallwood has filed a Site Plan for the Property in connection
with his plans to build a three -car garage addition 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 4, Block A,
Townwood Estates #1 Addition, located at 2835 10th Street NE, Paris, Texas, 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the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances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 Q 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 24th day of August, 2009.
J se James Yreelen, Mayor
ATTEST:
nice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent Mc y , Ci Attorney
EXHIBIT "A"
Page 1
Being a tract of land situated in the Larkin Rattan Survey
in the 112, andibeing Paris, Lamar being Lot 6, Block
fol owsr
Beginning at an iron rod in the east line of 14th Street,
said point being S02046'W, 90 feet from the intersection of the
east line of 14th Street with the south line of Clarksville Street,
and being the southeast corner of Lot 17, Block 1121
Thence S02046'00 "W 255 feet along the west line of 14th
Street to an iron rod at the northeast corner of Lot 25Ar
Thence S89043'00 "W 323.00 feet along the north line of Lots
25A, 25, 18, and 18A to an iron rod at the northwest corner of
Lot 18A;
Thence SO0008'00 "W 116.00 feet along the west line Of Lot
18A, also being along an existing wooden fence, to a po i in
a 12 inch cottonwood tree in the north right of way line of
Sherman Street, said point being the southwest corner of Lot 1SA1
Thence 689043'00" W 77.5 feet along the north line of Sherman
Street to an iron rod at the southeast corner of Lot 111
Thence N00016'00 "E 102.00 feet along the east line of Lot
11 to an iron rod at the northeast corner of Lot 11;
Thence N89044100 "W 85.00 feet along the north line of Lots
11 and 10 to an iron rod at the southeast corner of Lot 7r
Thence N00016'00 "E 239.00 feet along the east line of Lot
7 and Lot 6 to an iron rod in the south line of Lot 151
Thence S69022'22 -E 12.14 feet along the south line of Lot
15 to an iron rod at the southeast corner of Lot 15; of Lot
Thence N14 29 ' 00 " E 335.00 feet along t
15 to an iron rod in the south line of Clarksville Street, said
point being the northeast corner of Lot 151
Thence S64013100 "E 160.00 feet along the south line of
Clarksville Street to an "x" cut in concrete;
'Thence S63045100'E 149.00 feet along the south line of
Clarksville Street to an iron rod at the northwest corner of Lot 17;
Thence S13043'00 "W 115.00 feet along the west line of Lot
17 toThence ox, S68017n00 E 89.76tfeet along the corner 171
line
Lot 17 to an iron rods
Thence S82044'00 "3 69.00 fast along the south line of Lot 17
to the Point of Beginning, containing 207,141 square feet or 4.7553
acres of land, more or less.
RP - 985pAcE 269
Real Property 985 Page 269
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DEED WITHOUT WARRANTY
(Retail #HP -386)
KNOW ALL MEN BY THESE PRESENTS, That ONE HOLDINGS, INC., a corporation, duly
organized and existing under the laws of the State of Delaware, as Grantor, with a mailing
address at 3810 Carew Tower, Cincinnati, Ohio 45202, Attention: Marylou Schooler, CT
Corporation Systems, for consideration of the hssu` mof �Ten Dollars ( 10.00)orn other r good
and valuable consideration, to be paid by
'Grantee') with a tax mailing address at 1014 Vine Street, Cincinnati, Ohio 45202,
Attention: Tax Department, has granted, sold and conveyed, and by these presents does
grant, sell and convey, unto the said Grantee the real property described on Exhibit "A"
attached hereto and made a part hereof, subject to liens; encumbrances; covenants;
conditions; restrictions; reservations (including mineral reservations) and easements of
record; easements, the existence of which can be ascertained by visual inspection; and
to taxes for the year 1997 and subsequent years; and the reservation and exception to
warranty set forth below. Prior Dead Reference: Volume 129, Page 184 of the 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,
and Grantee's successors and assigns forever.
Grantor, for the consideration and subject to the reservations from and exceptions
to conveyance, conveys to Grantee the property without express or implied warranty, and
all warranties that might arise by common law and the warranties in §5.023 of the Texas
Property Code (or its successor) are excluded.
IN WITNESS WHEREOF, the said ONE HOLDINGS, INC. has caused these
presents to be signed by its duly authorized officers a 1998, with the seal of the
corporation, at Cincinnati, Ohb, effective the (L day of December,
,< ONE LDING INC.
ca w
o w y
o: r- o
�ti U ow By: �
o '--E; c �_� Paul Heldman
,- N �z Vice President
as z to
_J= <c°i ATTEST:
By.
Pamela A. Mue r
Assistant Secretary
STATE OF OHIO )
Fwolty.DAL-9s7 RQ — 985��e 267
W9W a79
Real Property 985 Page 267
COUNTY OF w IITON) a day of
��c�'""''"�+ �qMe foregoing instrument was ecknov4ed9
� before me �'� Delaware
0 �' by Paul Heldman, VIM President of One Holdings,
corporation, on behalf of the corporation.
IN WITNESS WHEREOF I have hereunto set my hand and official 5881.
My commission exWtres:
KANCY Notary Pubhc state of Ohio Notary Pubil
py C,L,,ba E pl i, A.Z. 7. 2000
This Deed was prepared by, and when recorded should be returned to:
Mary Ann Schenk, Esq.
Frost & Jacobs
2500 PNC Center
201 E. Fifth Street
Cincinnati. Ohio 45202
598924.01
RP ^98stAQ 268
Real Property 985 Page 268
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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: 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. CEI Engineering Associates, Inc. is requesting that the property located on Lot 1, Block A,
Kroger Addition, being number 1310 Clarksville Street, be rezoned from a General Retail
District (GR) to a General Retail District (GR) with a Specific Use Permit (49) Auto Fuel
Sales. The Comprehensive Plan recommends that this property be zoned General Retail.
cc: Kevin Carruth, City Manager
W. Kent McIlyar, City Attorney
Lei I T ur t"d K10
COMMUNITY DEVELOPMENT DEPARTMENT
P. 0. Box 9037 i3 Paris, Texas 75461 E 903 - 784 -9234
APPLICATION FOR ZONING CHANGE
TYPE OF ACTION REQUESTED: ❑ Zoning Change
Specific Use Permit ❑ Planned Development
PROPERTY INFORMATION:
Address:
-I-�-n Clarksville Street, Paris TX
For Office Us Only Request Number:
,, I - t, L
Date Rcvd: v— \ Mtg Date: 1 �;
Name of Business or Building (if applicable): Kroger Fuel Station SW957
Lot 1 Block A
Current Zoning: GR
SiihrliviSinn Kroger Addition
What is the proposed use of the property?
Retail and
Proposed Zoning: (�R ��> L�
fuel station
Describe the character and /or nature of uses of surrounding property.
General retail zone for the properties
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 / No
If No, why are you requesting a change in the permitting uses? This is for Specific use permit
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 contract maybe used in lieu of permission letter ONLY IF the contract provides that the purchase is contingent upon the applicants uccess fully obtaining a zoning
change.)
Applicant's Name:
CEI Engineering Associates, Inc. (Jeremy Yee)
Applicant's Address: 3030 LBJ Freeway, Suite100, Dallas TX Phone:
Property Owner's Name:
The Kroger Co.
972 - 494 -0360
1331 E. Airport Frwy, Irving, TX 750h6one: 972 -785- 6081/16
Property Owner's Address:
as Won la Ea aal WE ME a MEMO NEENEM®fofaEMEWEE E Not No No ME NNE a ME C MEE EMCEE MEEa KENCONE an HE ME ME go am us am EWE MOON KEEN Me
REQUIRED SUBMITTALS (check those items which are included):
X Completed application signed by the owner /applicant If Planned Development requested, include also:
0 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:
Address: 3 63 � Cg � �rGG�� �'L�. / �D ®� ►�ea,�k �3�
Print Name: -d Phone Number:
Date: l3 o Fax Numb :
SWORN TO AND SUBSCRIBED BEFORE ME this day of JAU 20
L ry Pu ic, St e of Texas
12/06
FILED:
SHARI LYNN GARLAND
Notary Public, State of Texas
` My Commission Expires
March 02, 2011
vim,