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2010-020 ORD REZONE 3195 LAMAR AVENUEORDINANCE NO. 2nln-02o AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMEIVDING ZOIVING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO REZOIVE LOT 7, CITY BLOCK 296, 3195 LAMAR AVENUE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A PLANNED DEVELOPMENT DISTRICT (PD-a) RETAIN SHOPPING CENTER TO AN OFFICE DISTRICT (O); 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 7, City Block 296, 3195 Lamar Avenue, City of Paris, Lamar County, Texas from a Planned Development District (PD-a) District an Office District (0); and, WHEREAS, on May 3, 2010, 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 May 24, 2010, 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 Ciry 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 7, City Block 296, 3195 Lamar Avenue, City of Paris, Lamar County, Texas, from a Planned Development District (PD-a) Retail Shopping Center to an Office District (0), 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 -.-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 May, 2010. Will Biard, Mayor ATTEST: ~ a ice Ellis, City Clerk APPROVED AS TO F W. Kent McIlyar, Ci Att rney Ap r, 7. 2Cli? 4 EFM Stcn~ 7[tl~ No. ;5 95 2 A part• of the J•asepkIseaC~ Suxvey., ' Beginning at ania]ce in the present N.B.I.. af U.S. Hwy. 82., 164 feet EssC ot the .S,.L,C. of the tr,act •conveyed to C.U. Marrison et al on June 10, 1949, by deed recorded in Book 308, Page 433, I.amar County Deed Hecorde; • Tlience Nor'Ch with its E.B.L. 200 feet, s atake at its N.E.C,; Thence East 65 feet, a stake; . Tlienee South 20(} feet, asrake an the" N.B-I.- of U.S. Hw5'• 82; ThPnce with Che N.B.I. of said Hwy. South 89° 34 min. West 65 feet to - the pl'&c'e of 6eginning. FXHIBlT A ~ d L6L8-LU-N6 oijoeadoaiyo ljiwe_~ II!H dti9 t001 LOadb' ~z1~ l CITY OF PARIS P. 0. oxA9 37 ■ Par s, exas 75461 ■ 903-M784 9234 ~~~~~A R APPLICATION FOR ZONING CHANGE TYPE OF ACTION REQUESTED: VZoning Change Specific Use Permit ❑ Planned Development PROPERTY INFORMATION: For Office Use Anl~ Request Numb r:• I~ Date Rcvd: 3~ lQ) Mtg Date: \ Address: Name of Business or Buiiding (if applicable): _ ~ A% ~a_• Lot 23_ Blocl~[_ Subdivision~ ►~-1..~ D~ ` ~ Current Zoning: Pro'osed Zoning: 0 What is the proposed use of the property? Describe the character and/or nature of uses of surrounding property. P ,D D -T 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 classificatiovt -nc If No, why are you requesting a change in the permitting uses? , ~ OWNER/APPLICANT INFORMATION: (lf yoa are not the owner, a permission letter from the owner Is required. !f you are purchasing the property, a copy of the contract maybe used in 1leu o/a perm(ss/on /efterONLY IF the contract provides that the purchase is cont/ngent upon the applicant successfuRy obta(nJng a zoning change.) , inil ApplicanYs Name: O 1 ApplicanYsAddress: CW0 ~/!")Cll~ /Tl~'~ ~ Phone: Property Owner's Name: PropertyOwner's Address: Phone: RFQUIRED SUBMITTALS (check those items which are included): ~ompleted application signed by the owner/applicant If Planned Development requested, include aiso: py of a deed with metes and bounds ❑ Four (4) copies of a preliminary site plan f7'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 age Signed: v ~ C Print m ~ ,J u - • - v SWORN TO AND SUBSCRIBED BEFORE ME this FILED: ress: 2[~E~c' ~ ` Phone Number: 7~!12 S _ Fax Number. ' ra 77- _12-7:q- \ day of 0). r- Notary Public, te xas E F, I w t4144d4dtrbO000d40dit44O'*~**p*¢*4kp0~ ~ oPa'v,'.....BBETNoteYy PubjNNER ~ . STATE OF TEXAS * E pires 06/09/2013 Z ssa.sas;asaes~sassasvs~~~rM~~Mq4sfsss4i 12/06 Red River Heaith Care Systems, Inc 2152 Clarksville Street Paris, Texas 754-60 RE: Permission ta Rezone T0: Whom it May Concern 1,1phn H. Gabbert, do give my permission to Dr the proper[y at 3195 lamar Avenue, Paris, lason Hill of Hill.Family Chiropractic, ta rezone Texas, for Paris Code Zoning O(Office). lohn H. Gabbert "(7- ~ CEO Red River Health Care Systems, Inc. -Rtw,-O .4soa..ON060PMISTY RaoDOYLE . Nota~Y Public STATE 0~ TEXAS 09131fYD12 Exp m rs ~ . , MY Com +r.s~~~r•~wr►•rN~~r~~r ►~~s MEMORANDUM TO: Chairnian and Meinbers of the Planning and Zoning Coinmission Honorable Mayor and Members of the City Council FROM: Planning and Development Deparhnent SUBJECT: Zoning Change Reguests DATE: April 27, 2010 The following zoning change request will be presented at the May 3, 2010, nleeting of the Planning and Zoning Cominission and the May 24, 2010, meeting of the City Council of the City of Paris for consideration: Jason Hill is requesting that the property located on Lot 7, City Block 296, being 3195 Lamar Avenue, be rezoned from a Planned Development District (PD-a) Retail shopping center to an Office District (O). The Comprehensive Plan recominends that this property be zoned General Retail; thei-efore, the Comprehensive Plan Future Land Use Map must be amended in order to approve this request. A separate hearing on revising the Plan will precede this item on the agenda. Additionally, parking requirements must be taken into consideration at the time of re-zoning. The Parking Ordinance requires on-site parking in an amount dependent upon the total square footage of the structure devoted to the business enterprise (1 parking space for every 300 square feet). Additionally, because this property is adjacent to a residentially zoned area, if parking is to be located behind the building the parking must be screened. cc: Kevin Carruth, City Manager