2009-046-ORD REZONE 2232 SIMPSON STORDINANCE No. 2009-046
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 LOTS 12 AND 13,
BLOCK 1, STELLROSE ADDITION, 2232 SIMPSON STREET, CITY OF
PARIS, LAMAR COUNTY, TEXAS, FROM A ONE - FAMILY DWELLING
DISTRICT NO. 2 (SF -2) TO A MULTIPLE - FAMILY DWELLING DISTRICT
NO. 2 (MF -2) 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 Lots 12 & 13, Block 1,
Stellrose Addition, 2232 Simpson Street, City of Paris, Lamar County, Texas from a One -
Family Dwelling District No. 2 (SF -2) to a Multiple- Family Dwelling District No. 2 (MF -2);
and,
WHEREAS, on October 5, 2009, following notice and publication as required by law,
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 October 26, 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 Lots 12 and 13, Block 1, Stellrose Addition, 2232 Simpson Street, City of Paris,
Lamar County, Texas, from a One- Family Dwelling District No. 2 (SF -2) to a Multiple - Family
Dwelling District No. 2 (MF -2), 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 B. That the City Council voted by a supermajority vote of the entire Council
to suspend the rule requiring two readings before adoption of ordinances 5 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 26th day of October, 2009.
esse Jame reelen, Mayor
ATTEST:
ice Ellis, City Clerk
APPROVED AS T RM:
W. Kent_W'Ilyaro Attorney
WARR NrfYDEED
Date: August. 2009
Grantor: FRANCES RUSSELL\ \TELLS
Grantor's Mailing Address (including county)
Grantee: DANION RUSSELL WELLS
Grantee's Mailing Address (including county):
4000 Stillhouse Road
Pans, Lamar County, Texas 75462
1803 Burke S.E.
Washington, D.C. 20003
Consideration: TEN and NO/ 100 DOLLARS ($10.00) and other good and valuable consideration, the receipt
of which is hereby acknowledged.
Property (including any improvements):
Situated in Lamar County. Texas. and described as follows, to —wit:
A part of the George W. Cox Survey being West 70 feet of Lots 12 and 13, Block I of the
Stellrose Addition to the City of Paris,
Being the same property commonly knowm as 2232 Svnpson Street, Paris, Texas.
Reservations from and Exceptions to Conveyance and Warranty: This convevance is made and
accepted subject to any and all restrictions, covenants, conditions; easements, rights of way and reservations
of record in the hereinabove mentioned county and state, if any, applicable to dre herein conveyed property or
any part thereof.
THIS DOCUMENT WAS PREPARED WITHOUT BENEFIT OF TITLE EXAMINATION.
Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and
warranty, grants, gives, and conveys to Grantee all my right, title and interest in the property, together with
all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee.
Grantee's heirs, executors., administrators, successors, or assigns forever. Grantorbinds Grantor andGrantor's
heirs, executors, administrators, and successors, to warrant and forever defend all and singular the property
to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person
whomsoever lartfully claiming or to claim the same or an): part thereof, except as to the reservations from and
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exceptions to conveyance and NvarranIN .
When die context requires, singular nouns and pronouns include the plural.
EXECUTED this i s ± day of August 2009.
FRANCES RUSSELL WELLS
(Acknowledgment)
STATE OF TEXAS
COUNTY OF LAMAR
This instrument was acknowledged before me on the a b _ day of August 2009, by FRANCES
RUSSELL WELLS.
TOM' Notary Public, State of Texas
• NOTAR
STATE OMy Gomm-
AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF:
Damon Russell Wells EDWARD D. ELLIS
1803 Burke S.E. 101 W. Houston
Washington, D.C.20003 Paris, Texas 75460
HVARRA,N'n DEED -VACEz 7'4T;- OF OF TEXAS
COUNTY OF LA'AAR
THIS IS TO CERTIFY THAT THE
FOREGOING IS A TRUE AND CORRECT
CCPY OF THE DOCUMENT ON FILE IN
h '.Y OFFICE. WITNESS Y- AND
O -FI(' "L SE-A THIS day of
KATHY M ;71LOWE, COU CLERK
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COMMUNITY DEVELOPMENT DEPARTMENT
P. 0. Box 9037 c Paris, Texas 75461 F 903 - 784.9234
=Rcvd nly Request Number
APPLICATION FOR ZONING CHANGE �� E��Mtg Date
TYPE OF ACTION REQUESTED: X1 Zoning Change ❑
Specific Use Permit ❑ Planned Development
PROPERTY INFORMATION:
Address: C*— 3
Name of Business or Building (if applicable):
Lot I Block Subdivision VX ,
Current Zoning: r `tom t ` Proposed ZoningJl J
What is the proposed use of t e property?
Describe the character and/or nature of uses of surround g property.
J �
Will the re -zoned designation b compatible h the classification and use of adjoining lands? Yes l No
If No, how do you propose to reduce any adverse impact?
Is the tract unsuitable for uses permitted under the present zoning classification? es No r
„If No, why pre you requesting a change in the permitting uses? V4 -
.Pf�J
OWNER/APPLICANT INFORMATION: (u youyou are nott owner, a permission letter rr the owner Is required. 1I you a Purchasing the property, a copy o/
the contract may be used In lieu o/a permission letter ONLY IF the contract provides that the pu ese is contingent upon the applicant ssuccess /idly obtaining a zoning
change.)
Applicant's Name: C�l` /��"� p
Applicant's Address: ?��a 11- t PFione. --�� ®�
Property Owner's Name: _
Property Owner's Address:)
03 e S, I i lv Phon °-�' ®3 2$ /33�
LE< �ELEEEEEEELEVCKEFFLE [EEEEEE[YEEIPEE [ ®[F.F [EE[EEEF[ELCE[ ®[Ell E6[E[FEE EEEE WE WE CEf.EE [wE'wE ®EEEEEEEQL<BE EL[
REQUIRED SUBMITTALS (check, those items which are included): If Planned Development requested, include also:
,REQUIRED application signed by the owner /applicant ❑ Four (4) copies of a preliminary site plan
Copy of a deed with metes and bounds
Permission letter from owner� i
°Copy of contract to purchase the property (/t)
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 compli with, whether herein sp cified or not. i certify that i am the owner of the above property or his l s
duly authr)orizAd agent.
Signed: �� ddress: V
Print Name: Fraane�s ��5't° 1 ! �� S Phone Number: ( 3
Fax Number:
Date:
SWORN TO AND SUBSCRIBED BEFORE M iE this day of
FILED:
IECD-EEFV
12/06
TONIA M. HOBBS
NOTARY PUBS
ST kTE OF TEXAS
r IM
My Comm. Fps. 311/1010
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: September 28, 2009
The following zoning change request will be presented at the October 5, 2009, meeting of
the Planning and Zoning Commission and the October 26, 2009, meeting of the City Council of the
City of Paris for consideration:
Frances Russell Wells is requesting that the property located on Lots 12 and 13, Block
1, Stellrose Addition, being number 2232 Simpson Street, be rezoned from a Single
Family Dwelling District No. 2 (SF -2) to a Multiple Family Dwelling District No.
2(MF -2). The Comprehensive Plan recommends that this property be zoned Low
Density Residential.
cc: Kevin Carruth, City Manager
W. Kent Mcllyar, City Attorney