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2009-037-ORD REZONE 1310 CLARKSVILLE STORDINANCE NO. 2009 -037 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 1, BLOCK A, KROGER ADDITION, LOCATED AT 1310 CLARKSVILLE STREET, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A GENERAL RETAIL DISTRICT (GR) TO A GENERAL RETAIL DISTRICT (GR) WITH A SPECIFIC USE PERMIT (49) AUTO FUEL SALES, 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 1, Block A, Kroger Addition, located at 1310 Clarksville Street City of Paris, Lamar County, Texas from a General Retail District to a General Retail District (GR) with a Specific Use Permit (49) Auto Fuel Sales; 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 approve the requested zoning; and, 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. 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 1, Block A, Kroger Addition, located at 1310 Clarksville Street City of Paris, Lamar County, Texas from a General Retail District to a General Retail District (GR) with a Specific Use Permit (49) Auto Fuel Sales, 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. Introduced and read on first reading on August 24, 2009, at a regular meeting of the City Council of the City of Paris and read and passed on second reading on September 14, 2009, at a regular meeting of the City Council of the City of Paris; the same being two (2) separate regular meetings of the City Council of the City of Paris. Section 9. That this ordinance shall become effective from and after its passage of the second 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 14th day of September, 2009. esse Jan s Freelen, Mayor ATTEST: ice Ellis, City Clerk APPROVED AS TO FORM: 1 W. Kent McIlya Ci Attorney CiW OF PARES COMMUNITY DEVELOPMENT DEPARTMENT P. 0. Box 9037 G Paris, Texas 75461 v 903- 784 -9234 APPLICATION FOR ZONING CHANGE TYPE OF ACTION REQUESTED: ❑ Zoning Change Specific Use Permit ❑ Planned Development PROPERTY INFORMATION: Address: 1310 Clarksville Street, Paris TX N =Rcvd: niy Request Number: 0\� Mtg Date: = K r Name of Business or Building (if applicable): Kroger Fuel Station SW957 Lot 1 Current Zoning: Block A GR Subdivision Kroger Addition What is the proposed use of the property? Retail an Proposed Zoning: 0� C ��, \) -A i d 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 Spec if i.c use permit 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 may be used in lieu of permission letter ONLY IF the contract provides that the purchase is contingent upon the applicants uccessfully obtaining a zoning change.) Applicant's Name: CEI Engineering Associates, Inc. (Jeremy Yee) Applicant's Address: 3030 LBJ Freeway, Suite100, Dallas TX Phone: 972 - 494 -0360 Property Owner's Name: The Kroger CO. 1331 E. Airport Frwy, Irving, TX 75062 972- 785 - 6081/16 Property Owner's Address: Phone: SEE so ME a ME ED son No BEEN MKS ME Mena m WERE m ME ED Nor ME DOWN BEE m MERE NONE REQUIRED SUBMITTALS (check those items which are included): If Planned Development requested, include also: » Completed application signed by the owner /applicant ❑ Four 4 copies ofa preliminary site plan Z Copy of a deed with metes and bounds () p p n p ❑ 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. Address: 3030 Signed: C�� s�iu.� I Print Name: -d Phone Number: Date: 13 o Fax Numb : SWORN TO AND SUBSCRIBED BEFORE ME this day of 20 tryPu l, St e of Texas 12/06 FILED: �Y: YPO;% SHARI LYNN GARLAND '' Notary Public, State of Texas '- sf, My Commission Expires i �a`` March 02, 2011 EXH1131T A EXHIBIT "A" Page 1 Being a tract of land situated in the Larkin Rattan Survey in the City of ree, described being Lot follows; Block more 112, and being more p articularly Y 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 25A; Thence 989043100 "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 18A1 Thence s00008'00 "W 116.00 feet along the west line of Lot ISA, also inch ottonwood9treeeinsthegnorothgrightcof wayane li of fin Sherman Street, said point being the southwest corner of Lot 18A1 Thence S89043'00" W 77.5 feet along the north line of Sherman Street to an iron rod at the southeast corner of Lot 111 Thence N00016100 "E 102.00 feet along the east line of Lot 11 to an iron rod at the northeast corner of Lot 111 Thence N89044'00 "W 85.00 feet along the north line of Lots 11 and 10 to an iron rod at the southeast corner of Lot 7z Thence N00016100 "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 969022'22 "E 12.14 feet along the south line of Lot 15 to an iron rod at the southeast corner of Lot 151 Thence N14029'00 "E 335.00 feet along the east line of Lot 15 to an iron rod in the south line of Clarksville Street, said point being the northeast corner of Lot 151 Thence 564013'00 "E 160.00 feet along the south line of Clarksville Street to an "x" cut in concretes 'Thence S63045'00 "E 149.00 feet along the south line of Clarksville Street to An iron rod at the northwest corner of Lot 171 Thence 613043'00 "W 115.00 feet along the west line of Lot cut 17 toThence "S680171'00 "E concrete 00.76tfeet along Southwest 171 the south line of Lot 17 to an iron rods . Thence 882044'00 "E 69.00 feet al 207c141ssquazeifeet oro4.75S3 to the Point of Beginning, acres of land, more or less. RP -98s?AoE 269 Real 0mr ®perty 985 Page 269 4()11 DEED WITHOUT WARRANTY (Retail #iHP -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 sum of Ten Dollars ($10.00) and other good and valuable consideration, to be paid by The Kroger Co., an Ohio corporation, (the "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 Deed 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 and to be sealed with the seal of the corporation, at Cincinnati, Ohio, effective the 10 day of December, 1998, x o� m w �.., ONE LDING INC. wir- Qw d I3y' Paul Heldman Vice President a o xU ATTEST: m Pamela A. Mue r Assistant Secretary STATE OF OHIO ) NatY DAL -9S7 Rp .- 985�ace 26? MW #79 Rea! Property 985 Page 267 SS. COUNTY OF HAMILTON ) ed before me this 3R'D day Of he foregoing Paul Hedr was ackreside9 Inc.. a Delaware yg� by Paul Heldman, Vice president of One Hokiings, corporation, on behalf of the corporation. IN WITNESS WHEREOF I have hereunto set my hand end official seal, _my commisssion XWtres: CY Notary Vubhl State of Ohb Notary Publi w C.� Wril A.Z. 7. 2000 Ij 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 ,88 fsdnty POAL -95'7 RI -g85PA 2 It9W #79 Real Property 985 Page 268 l v •• � •• Mir`" P a.+ �r't�,. y P tag boa *FS�'. • =f •,:•� l� ��� _ ,tl �. .. `� i "t ...h « �� ew�` s � c n, 1 '6+ •,f , � .a T' �� '?a �: � a��� ss,' e� ^ - � � m�+s .. �� t� :" f co F`C.h i s I .ear if ,'A,. 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F.P r'�� / F. v 4 • 1 :�el N x q '° e �i • ,y,x �,�� .+ � t0 vA r E e3e . t' 1 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: 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