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.
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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-~
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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~
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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%>~✓
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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
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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:
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Property OwnePs Name: K' ~ • ' ~ L-
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Phone: ~'q ~~~a -A~~.~
yPropertyOwn~rsAddre`ss: ~i 1~A7 ~'A
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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:
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❑ 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
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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