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2010-037 ORD REZONE 2995 LAMAR AVEORDINANCE N0. 2010-037 AN ORDINANCE OF THE CITY COU111CIL 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 8, CITY BLOCK 286, LOCATED AT 2995 LAMAR AVENUE, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A PLANNED DEVELOPMENT DISTRICT (PD-a) RETAIL SHOPPING CENTER TO A GENERAL RETAIL DISTRICT (GR); DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING 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 8, City Block 286, located at 2995 Lamar Avenue, City of Paris, Lamar County, Texas from a Planned Development District (PD-a) Retail Shopping Center to a General Retail District (GR); and, WHEREAS, on September 7, 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 September 27, 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 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 ORDAIIVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. The findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. The Official Zoning Map of the City of Paris, Texas and Zoning Ordinance IVo. 1710 of the City of Paris as heretofore amended is hereby further amended to rezone Lot 8, City Block 286, located at 2995 Lamar Avenue, City of Paris, Lamar County, Texas from a Planned Development District (PD-a) Retail Shopping Center to a General Retail District (GR), said property being more particularly described in Exhibit A attached hereto and made a part hereof. Section 3. 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. 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. 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. 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. 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. 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. 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 27th day of September, 2010. l J Lr'yo, ATTEST: , ~ nice Ellis, City Clerk APPROVED AS RM: W. Kent McIlya Ci y)Attorney W TY DEED Date: December 18, 2009 Grantor: Samye Lou Totty, Trustee of the L.T. Totty and Samye Lou Totty Trust, dated October 21, 1994 Grantor's Mailing Address: 921 E. Wilson, Orange, CA 92867 Grantee: Toriy Enterprises II LLC, a limited liability company Grantee's Mailing Address: 921 E. Wilson Avenue, Orange, CA 92867 Consideration: TEN AND NO/100 DOLLARS ($10.00) and other valuable consideration Property: Situated within the corporate limits of the City of Paris, Lamar County, Texas, a part af the George W. Cox Survey, described as follows: BEGINNING at a stake in the NBL of Lamar Avenue at its intersection withe WBL of 30th Street NE., THENCE with the NBL of Lamar Avenue North 87 Deg. 10 Min. West 100 feet, a stake; THENCE North 203 feet, a stake; THENCE East 100 feet, a stake in the WBL of 30th Street; THENCE South 208 feet to the place of beginning. Reservations from and Exceptions to Conveyance and Warranry: _This conveyance is made and accepted subject to the following matters, to the extent same are in effect at this time: Any and all restrictions, covenants, conditions, and easements, mineral reservations and leases, if any, relating to the hereinabove described property, but only to the extent they are still in effect, shown of record in the hereinabove mentionad County and State. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee 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. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to the Grantee and Grantee's heirs, executors, administrators, and successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. 077044-2010 Pages: 2 - Wp 03/12/2010 10:40:07 AM By: gretehenb Lamar County, TX Kath Mariowe - Count Clerk Ni hiii iiii iiii iiii EXHIBIT,A.. When the context requires, singular nouns and pronouns include the plural. Dated: 1~-I %r~ State of California ) )ss County of Orange ) L.T. Totty and Samye Lou Toriy Family Trust ; Sarri e Lou Totty, Trust Subscribed and sworn to (ar affirmed) before me on this/ r14'' day of A QLe„w,( eiv- , 2009, by e/--C7 c,, and proved to me on the basis of satisfactory evidence to be the person(s) who appeared efore me. Signature LAA~--<:7-~ ~ommlas~~ ~ ,..t Notary PubflC = ~ ~ • Oronge Couniy Gomm. ea. Jul t .2011 . . ~~:IN~' .~.,~4,; . ~ , t~.. ~ ~ `r'~ ~ . . "j'~,~ 4y c , ` , _ il "',r:y , . ' - . - , ,i . ~mtiR`~~yln1lea w.~,~? r'K`~n7~3a ~s.,r+, R*,,, ~ ° a~. ad`,9f.F~ ° ~`i ~..;;f y.* +:t~ . Y~.T S"~_ti+5`i~r'"? . ~ . . y • - y~~~• _ , . i a~ ,T - . ~ . . . . ke~•.h-~`~ ~ . ~ . . ~€.3. r•i c' . 1 a (~i"~ M IF~~~^~s . .r--r ~ . 1 nJ ~ I 17964 ~~UHVt--D CITY OF PAR1S JUL 200 COMMUNITY DEVELOPMENT DEPARTMENT P. 0. Box 9037 m Paris, Texas 75461 ■ 903-784•923A P i T`l DEVELnGumP'i- APPLICATION FOR ZONING CHANGE TYPE OF ACT1oN REQUESTED: t9 Zoning Change Specffic Use Permit ❑ Planned Development For OKce Use Only Request Number. Dale Rcvd: Mtg Dale: v 1~ ~ PROPERTY INFORMATiON: " Address: 29(~ ~~~~~At- ~,nk. ~ L EXp`7 -ls Name of Business or Building (if applicable): a ea ~0 ~ 94, " ~ j L 1 ~ ~9~J ~ ° ~.~~c%>~✓ ~ L) Lot Block > Subdivision S,-r,2 E- Current Zdning: P'D " a- Proposed Zoning: C-'') What is the proposed use of the property7 O^'^'~k L vF~ i Ce- ~~%`,,&0a- L-`~'~~v~" 1 L- ( i ~ Describe the characler andlor nature of uses of suROUnding property. Tl-;rtf-lkkA 4-.. `WF-r" 4v= +-~''►"T` Vq trrfs.41,ir ~ LX i 1x ~o ~ t4~st~ 6 Wili the re-zoned designation be compaGble with the classification and use of adJoining lands?,e ! No lf No, haw do you propose to reduce any adverse impact7 t1/a Is the tract unsu{table for uses permitted under the present zaning classification7 Yes ! No If No, why are you requesdng a change in lhe permitting uses? OWNERIAPPLICANT tNEORMATION: (llyou ira nottbo oNn■r, i psrtnlas/on (atlorlrnm tNe owner is roquMd. 1lyou oa purcbaslnp fhr proporly, a copy of tbo enntrael may be usod fn Nau of e permisalon laftar ONLY fF rho cantnetpravldee (hellha pureHasa 1: eonffnpanf upon thv appltee nt sueeatafu/!y oblalrt/np o:onlnp eMnpe.) ApplicanYs Name: ~ l ,C~~'~'_ ~ G~~►~-.--~'~.~i'I~Ar,~IK:~~/-r:2-f,,r--t-~ Appticant's Address: O721t/Q6&, Phone: R° ° L~-~~ Property OwnePs Name: K' ~ • ' ~ L- d / [ i,~:/.Scr/~/ Ul2~li4CGL= ' Z , Phone: ~'q ~~~a -A~~.~ yPropertyOwn~rsAddre`ss: ~i 1~A7 ~'A ■~~~~~~~~~~~~~~~~~r~R~~a~a~~~~~~~raR~~i~~~~~~r~~~~~~~~~r~r~a~~a~~~arR~~~~~~~~~~~rw~~~~~~~~~~~~t~~~e~■ REQUIRED SUBMITt'ALS (check those items which are incladed): 9-(,'ampleted application signsd bythe ownerlapplicant If Planned Developmenf requested, include aiso: etopy of a deed with metes and bounds ❑ Four (4) copfes of a preiiminary site pian 0 Pennlsslon letter from owner (~.`opy of contract lo purohase the property I have care(ully read the complete application and know the same is tnie and correcL 1 heraby agree to compty with ail provisions of local, State, and Federal Laws will be complied with, whethet herein specified or not I certlry that I am the owner of the above property or his duly aulhorized agent. M t~d~ Address: -~,-r- y-° Phone Number. '7)'f ~ t Na~t~ ~ Dete: -j-' \l_ ~ ~ -z O / U Fax Number vi SWORN T S1.1118 D , E ME this day o( 20 otary Pu c, State o exas FILED: BY: -1 12106 CAL1FORNIA ALL-PURPOSE ACKNOWLEDGIIAEPIT State of California County of ~ On before me, G/e Date Her ert Name and Title of the OKicer personally appeared ~ ELLIE C. BRACKETT Commission #E 1864349 Z < -r Notary Public - California z z Orange County D My Comm. Expires Oct 7, 2013 who proved to me on the basis of satisfactory evidence to be the personXwhose nameNI is/afe subscribed to the within instrument and acknowledged to me that he/sHefthey executed the same in his/4e"I;eir authorized capacity(ies), and that by his/heFA►eir signaturejs~on the instrument the persort(*, or the entity upon behalf of which the personN acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: -,Z9- 20io Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name v Individual al Number of Pages: v v '7 ~~tn lof/ Signer's Name: \Ij ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact • ❑ Trustee Top ot thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ;P7 ❑ Corporate Officer - Title(s): _ ❑ Partner - ❑ Limited O General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing . Top of thumb here 02007 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item k5907 Reordec Call Toll-Free 1-800-876-6827 ~ ~ ~ 7wo Thursday, July 29, 2010 To: City of Paris Community Development Department P.O. Box 9037 Paris, TX 75461 903-784-9234 From: Shan Toriy Totty Enterprises II LLC P.O. Box 5527 Orange, CA 92863 Re: Application for zoning change Property address: 2995 Lamar Ave., Paris, TX 75460 To Whom It May Concern: Attached is my completed application for zoning change and a copy of the property deed. Our building's use has been retail and office from the time it was built and occupied in 1976 by the Social Security Office and most recently with the Living Water Book Store. We are in the process of selling the property and the new owner's use will be a Dental Office and or General Retail. I have been informed that this process is necessary to appropriately classify the property per the City's general plan requirements. This intended use will be consistent with the City's general plan and with the current surrounding property classifications as well as an overall benefit to the local community. Please process our application in order for us to continue with our sale and the new owner's business requirements. Thank you for your assistance and consideration. Re~s ect'£u1_ly, "~`~han Totty - owner/manager stottY~roadrunner.com 714-348-4586 Cell Enclosure: Completed application for zoning change Copy of deed with metes and bounds P.O. Box 5520' • Orange• Cc9A$ornia • 92863-5527• (714) 532-2637