2011-018 ORD APPROVING AND ADOPTING REVISIONS TO THE FUTURE LAND USE PLAN MAPORDINANCE N0. 2011-018
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS
APPROVING AND ADOPTING REVISIONS TO THE FUTURE LAND USE PLAN MAP
FOR THE CITY OF PARIS FROM LOW DENSITY RESIDENTIAL (LDR) TO
COMMERCIAL (C), AS IT PERTAINS TO A 2.83 ACRE TRACT OF LAND BEING
PART OF THE ENOCH CROW SURVEY #208, LOCATED AT 4680 PINE MILL
ROAD, PARIS, LAMAR COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED
I1V EXHIBIT "A" ATTACHED HERETO; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A
SEVERABILITY CLAUSE, A PENALTY CLAUSE AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Section 211.004 of the Local Government Code requires that all zoning
regulations must be adopted in accordance with a comprehensive plan and must be designed to
lessen congestion in the streets; secure safety from fire, panic, and other dangers; promote health
and the general welfare; provide adequate light and air; prevent the overcrowding of land; avoid
undue concentration of population; and/or facilitate the adequate provision of transportation,
water, sewers, schools, parks, and other public requirements; and,
WHEREAS, on September 6, 2001, the City Council of the City of Paris enacted Ordinance
No. 2001-054 which adopted a new Comprehensive Zoning and Land Use Plan for the City of Paris;
and,
WHEREAS, on May 12, 2008, the City Council of the City of Paris enacted Ordinance No.
2008-016 amending the Future Land Use Plan Map and Future Land Use Plan Map Legend
Explanations; and,
WHEREAS, on June 6, 2011 the Planning and Zoning Commission held a public hearing to
review and consider a request to amend the Future Land Use Plan Map as it pertains to a 2.83 acre
tract of land being part of the Enoch Crow Survey #208, located at 4680 Pine Mill Road of the City
of Paris, Lamar County, Texas, as more particularly described in Exhibit "A" attached hereto, from
Low Density Residential (LDR) to Commercial (C), and following the public hearing voted to
recommend the amendment to City Council; and,
WHEREAS, on June 27, 2011, the City Council of the City of Paris held a public hearing to
receive input from the citizens of the City of Paris regarding the proposed amendments to the
Future Land Use Plan Map as set forth in Exhibit "A" attached hereto; and,
WHEREAS, following the public hearing and consideration of the proposed amendments to
the Future Land Use Plan Map for the City of Paris, the City Council determined that these
amendments would be in the best interest of the City of Paris and its citizens, and the same should
be approved.
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 proposed amendment to the Future Land Use Plan Map of the City of
Paris, as more particularly described in Exhibit "A" attached hereto and incorporated herein, be
and is hereby approved and adopted.
Section 3. 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 4. 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 5. 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 6. 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 7. That by a supermajority vote of 7 ayes and 0 nays, the City Council voted
to suspend the rule requiring two readings before adoption of this ordinance.
Section 8. 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 this June 27, 2011.
A.J. Hashmi , 'Ma,yor
ATTESTED:
~00in
ice Ellis, City Clerk
APPROVED AS TO FORM:
-~Z2Z~~
W. Kent McIlyar, i Attorney
EXHIBIT "A"
The recommended amendments to the Future Land Use Plan Map are as follows:
Situated within the limits of the City of Paris, in the County of Lamar, State of
Texas, a part of the Enoch Crow Survey #208 and being all of a tract of land
conveyed to Geron L. Stapleton and wife, Viola H. Stapleton by deed recorded in Vol.
491, Page 130 of the Deed Records of said County and State and being an
approximate 31' wide strip of land claimed by said Geron L. Stapleton and wife,
Viola H. Stapleton.
Beginning at a 3/8" capped iron pin (HF 5699) set in the South boundary line
of Pine Mill Road - County Road #42600 and being the Northwest corner of a called
2.6 acre Tract One conveyed to Clyde Gibbons and wife, Debby Gibbons by deed
recorded in Vol. 448, Page 17 of the Real Property Records of said County and State,
and point being the Northeast corner of the Stapleton Tract.
Thence South 0°04'01" East along a fence a distance of 940.00' to a 3/8" iron
pin found at the Southwest corner of the 2.6 acre tract and being the Southeast
corner of the Stapleton tract and being in the North boundary line of a called 16.25
acre tract conveyed to James C. Ford and wife, Glenna R. Ford by deed recorded in
Vol. 256, Page 106 of said Real Property Records;
Thence North 89°39'47" West along the North boundary line of the 16.25
acres and along a fence and passing a 3/8" capped iron pin (HF 5699) set at a
distance of 100.00' at the Southwest corner of the Stapleton tract and continuing on
along a fence a total distance of 131.01" to a bois d'arc post found at the Southeast
corner of a called 6.03 acre Tract Two conveyed to Bill G. Coe and wife, Mary Lou
Coe by deed recorded in Vol. 807, Page 81 of said Real Property Records.
Thence North 0°05'40" West along a fence and passing a bois d'arc post
found at a distance of 938.48' and continuing on for a total distance of 940.00' to a
point in the South boundary line of said Pine Mill Road;
Thence South 89°39'47" East along said South boundary line and passing a
3/8" capped iron pin (HF 5699) set at a distance of 31.46' to the point of beginning
and containing 2.83 acres of land.
Lt l/
EXHIBIT
Foster Land Surveying 17325 FIv1 197 Arthur Ciry, TX 75411
(903) 739-9166 fx (903) 783-9159
Field Notes - 2.83 Acres
Situated within the limits of the City of Paris, in the Counry of Lamar, State of Texas, a
part of the Enoch Crow Survey #208 and being all of a tract of land conveyed to Geron L.
Stapleton and wife, Viola H. Stapleton by deed recorded in Vol. 491, Page 130 of the Deed
Records of said County and State and being an approximate 31' wide strip of land claimed by
said Geron L. Stapleton and wife, Viola H. Stapleton.
Beginning at a 3/8" capped iron pin (HF 5699) set in the South boundary line of Pine
Mill Road - County Road 442600 and being the Northwest corner of a called 2.6 acre Tract One
conveyed to Clyde Gibbons and wife, Debby Gibsons by deed recorded in Vol. 448, Page 17 of
t11e Real Property Records of said County and State, said point being the Northeast corner of the
Stapleton tract.
Thence South 0°04'01" East along a fence a distance of 940.00' to a 3/8" iron pin found
at the Southwest corner of the 2.6 acre tract and being the Southeast corner of the Stapleton tract
and being in the North boundaiy line of a called 16.25 acre tract conveyed to James C. Ford and
wife, Glenna R. Ford by deed recorded in Vol. 256, Page 106 of said Real Property Records;
Thence North 89°39'47" West along the Nurth boundary line of the 16.25 acres and
along a fence and passing a 3/8" capped iron pin (HF 5699) set at a distance of 100.00' at the
Southwest corner of the Stapleton tract and continuing on along a fence a total distance of
131.01' to a bois d'arc post found at the Southeast corner of a called 6.03 acre "I'ract Two
conveyed to Bill G. Coe and wife, Mary Lou Coe by deed recorded in Vol. 807, Page 81 of said
Real Property Records;
Thence North 0°OS'40" West along a fence and passing a bois d'arc post found at a
distance of 938.48' and continuing on for a total distance of 940.00' to a point in the South
boundary line of said Pine Mill Road;
Thence South 89°39'47" East along said South boundary line and passing a 3/8" capped
iron pin (HF 5699) set at a distance of 31.46' at the Northwest comer of the Stapleton tract and
continuing on for a total distance of 131.46' to the point of beginning and containing 2.83 acres
of land. I, Hayden Foster, Registered Professional Land Surveyor, No. 5699 do hereby certify that the
plat and accompanying field notes represents an on the ground survey made under iny direct
supervision. Research of recorded documents was made only for the puzpose of determining the
boundary of this property and the adjoining parcels. Record documents other than those shown
on this survey may exist and encumber this property. There doesn't appear to be any
encroachments other than those shown hereon. The tract does not appear to be in a flood zone
according to the Flood Hazard Boundary Map for Lamar County, Texas Community Panel No.
480891-0008 A. Reference Bearing = the West boundary line of the 2.6 acre tract and depicted
on this plat as S 00°04'0 1 E. Controlling Monuments are at the terminus of the Reference
Bearing. File 110401 oF
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04/ 14/ 11
Hayden Poster date i'
. .F~,4YUE1~_F~STER._
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5UH
Page 1 of 1
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File#: 110401
~ Pai•t of the Epioch C►•ow Survey #208
I pob Pine Mill Rood - County Road #42600
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S 89'39'47" E
131 .46
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a ~ Debby Gibbons Anthony
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Bill G. Coe and wife
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Vol. 448, Page 17 RPR 3.45 aicres
Tract One Mary Lou Coe
2.7 acres Tract Two - 6.03 acres Geron L. Vol, l 13,
. Tract I Tract
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pa 253 RPR
Vol. 807, Page 81 RP Stapleton pne T~~~o ge
~ and wife, 2
6 acres ~ 2.0 acres
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Stapleton
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James C. Ford and wife, ~ Glenna R. Ford 16.25 acres VoL 256, Pade 1
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' N 89'39'47" W
131 .01
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Hayden;, oster RPLS #5699 date
•_'fz" capped iron pin found - survey line ~
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iron pin found - - - - = easement/building line
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iron pin found -w-= overhead power line
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fence
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iron pin found
QQ = YB
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Q= iron pipe found water meter
(9 = bois d'arc post found gas meter
QT = telephone pedestal
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(HF 5699) set
1, Hayden Foster, Registered Professional Land Surveyor, No. 5699 do hereby certify that the plat and accompanying field
notes represents an
on the g,round survey made under my direct supervision. Research of recorded documents was made only for the putpose of determining the
boundary of this properry and the adjoining parcels. Record documents other than those shown on this survey may exist and encumber this
property. There doesn't appear to be any encroachments other than those shown hereon. The tract does not appear to be in a
flood zone
according to the Flood Hazard Boundary Map for Lamar Counry, Texas Community Panel No. 480891-0008 A. Reference Bearing= the Wesi
boundary line of the 2.6 acre tract and depicted on thi s plat as S 00°04'0 1 " E. Controlling Monuments are at tfie tecminus of the Reference
C4TY OF PAL`/S
CQViViUNITY DEVELQFRfiER'T DEPRfdTfJENT
P. 0. 6ox 9037 g Paris, Texas 75461 r 903-784-9234
APPLIcAroOKroR Zo~~ING CHANGE For Office Use Only Request Number-
Date Rcvd Mtg Date: ~
TYPE OF ACTIOW REQUESTED: C`"Loning Change ❑
Specific Use Permit ❑ Planned Development
PROPERTI' INFORAAdRTION:
Address: `~t \0~
`
Name of Business or Building (if applicable):
Lot Block Subdivision _
Current Zoning:
What is the proposed use of the property? _
Proposed Zoning:
Describe the character and/or nature of uses of surrounding
Will the re-zoned designation be compatible with the ciassification 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 ciassification? Yes KE)
If No, why are you requesting a change in the permitting uses?
0 4 C ~ Q 3_ Ck,~ P l 1Cti tyc
CLu~c~rc,et
OWNER/APPLICANT INFORIIAATION: (u you are not ehe owner, a permission letter Irom the ownar is required. iI you are purchasing the property, a copy of
the contracf may be used in Ileu ols permission IetterONLY IF the contractprovldes fhat tbe purcbasels contingent upon the eppllcantsuccessfully obtalning a zoning
change.)
Appiicant's Name:
Appiicant's Address: Phone:
Property Owner's Name:
PropertyOwner's Address: ~ ~~0~ ~7~ Phone:
ese■~~~wss~~~u~~ss~o~~oses~i~~e~~e~~~r~■ e~u~e~~sa~~~i~~a~Q~.aee.~~~ee~~c~~es~oo~~saese~cen~c~s~oc
R5PUIRED SUBMITTALS (check those items which are included):
* Completed application signed by the owner/appiicant If Planned Development requested, include alsa:
❑ Copy of a deed with metes and bounds -B+eiz~(4) copies of a preliminary site plan
-C-PerMission letter from owner
--B-Bopy 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 alt provisions of local,
State, and Federal Laws will be compiied with, whether herein specified or not. I certify that I am the owner of the above property or his
duly authorized agent.
Signed: _ Address:
Print Name: _ Phone Number:
Date: - - ~ Fax Number:
SWORN TO AND SUBSCRIBED BEFORE ME this of 20_1~
Nota u ic, State of Texas
FILED: 7 PUe. JEANNA SCOTT 12/OE
STATE OF TEXAS
My Corran. Ep. 01/26/2015
~E IC ~Er,'% RE
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"N4TICE OF CONFIDENTIA.LITY IaIGHTS: IF T~E ~QLLO I~'
h~r a vRF,MOVE OR STItIKF AN~' OR ALL U
FRONI ANY INSTRL1NiENT THAT TRA.NS PUBLIC PROPERTY
BEFORE IT IS FILED FOR RECORD IN THE
SECURITY NUMBER 012 YOUR DRIVER'S I_.ICENSE NUMBER"
* * 4:>I,,1,* * * * * * * %l,** * * * * * * fi
VVARRANT-Y))EED
THE STATE OF TEXAS §
§ ~oW ALL MEN Ii'Y THE SE PRESL+,NTS:
COUNTY OF LAMAR §
THAT, THE LTNDERSIGNED, THE ESTATE of VIOLA H. STAPLETON, by and
through NELDA VAUGHAN, Independent Eaecutrix~lOLLARS r($10 00) ~ d other valu ble
or more, for and in consideration the sum of 7 EN
consideration to the undersigned in hand paid by the Grantee herein named, the receipt of which is
hereby acknowledged, and the further consideration of the execution aild delivery by the Grantee of
thai one certain promissory note of even date herewith in the principal sum of $80,000.00, payable
to the order of LIBERTY NATIONAL BANK IN PARIS, as therein specified, providing for
acceleration of maturity and for attorney's fees, the payment of which note is secured by the vendor's
lien herein retained, and is additionally secured by a Deed of Trust of even date herewith to
TERESA L. WOODARD, Trustee, has GRANTED, SOLD AND CONVEYED, a~ELANIE
presents does GRANT, SELL AND CONVEY unto EVAN BUTLER and wife,
BUTLER, and EVAN K. BUTLER and wife, AMY MATHEWS, herein referred to as
"Grantee", whether one or more, the following described real property:
SEE EXHIBIT A ATTACHED;
This conveyance, however, is made and accepted subject to any and all outstanding mineral
interest, restrictions, reservations, easements, covenants and conditions, if any, relating to the
hereinabove described property as the same are filed for record in the County Clerk's Office of
Lamar County, Texas, includillg tlle followitlg: Overhend power line and n!l other matters shown on survey by
Havden Foster, RPLS of Tcaas 95699 dated April 15, 2011.
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, Grantee's heirs,
executors, administrators, successors and assigns forever; and Grantor does hereby bind Grantor,
Grantor's heirs, executors, administrators, successors and/or assigns to WARRANT AND
FOREVER DEFEND all and singular the said premises unto the said Grantee, Grantee's heirs,
executors, administrators, successors and/or assigns against every person whomsoever claiming or
to claim the same or any part thereof.
But it is expressly agreed that t11e Vendor's Lien, as well as Superior Title in and to the above
described premises, is retained against the above described property, premises and improvements
until the above described note and all interest thereon are fully paid according to the face, tenor,
effeci and reading thereof, when this Deed shall become absolute.
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MEMORA, NDUM
TO: Chail7nan and Members of the Planning and Zoning Commission
Honora.ble Mayor and Members of the City Council
FROR'I: ,ieanna Scott, Planning and Development Department
SUBJECT: Revisions to the Future Land Use Plan Map
DATE: May 26, 2011
T'he following proposed revision to the Future Land Use Plan Map will be presented at the
June 6, 2011, meeting of the Planning and Zoning Cominission aiid the June 27, 2011, meetiiig of
the City Council of the City of Paris for consideration:
That the future land use recommended tor the property located on a 2.83 acre tract of land
being part of the Enoc11 Crow Survey #208, being located 4680 Pine Mill Road, be changed
from Low Density Resident.ial to Commercial. Following this request on the agenda will
be a public hearing to consider the zoning change which prompted the necessity for this
item. If the Commission recommends that the Future Land Use Plan Map not be revised
to CoinTnercial, then the accornpanying zoning request should be denied.
cc: Gene Anderson, Interim City Manager
MINUTES
REGULAR MEETING
PLANNING AND ZONING COMMISSION
CITY OF PARIS - CITY HALL
COUNCIL CHAMBERS
107 E. KAUFMAN STREET
PARIS, TEXAS
MONDAY, JUNE 6, 2011
5:30 O'CLOCK P.M.
The regular ineeting of the Planning and Zoning Commission on Monday, June 6, 2011,
was called to order at 5:30 p.in. by Shawn Napier, Director of Engineering, Planning and
Development. A. The following members were present:
James Price
Richard Hunt
Dennis Chalaire
Keith Bainett
B. The following members were absent:
Benny Plata
C. Shawn Napier, Director of Engineering, Planning and Development; and Jeanna
Scott, City Staff.
2. Election of an interim Chaii-man.
Motion was made by Keith Barnett, seconded by James Price to nominate Richard Hunt as
interim Chairnian. Motion cairied 3-0, 1 abstained.
3. Approval of rninutes.fi-om pf-evious mecting. (May 2, 2011)
Motion was made by Dennis Chalaire, seconded by Keith Barnett to approve the minutes
for the May 2, 2011 meeting. Motion carried 4-0.
4. Public hemring to provide an opportunity to present comments and written evidence and
consideration of and action onrecommending to the City Council the adoption of piroposed
alnendments to the Future Land Use Plan Map as follows:
A. That tlze future land use reco»i»lended for tlae property located on a 2.83 acre tract
of land being pai-t of the Enoch Crow Survey #208, being located at 4680 Pine Mill
Road be changedfirom Low Density Residential at Conzmercial.
Public hearing was declared open.
A. The following individuals spoke in favor.
Evan Butler, property owner spoke in favor of the petition. Mr. Butler stated they
purcliased the property and did not realize the zoning was not right since it had been
a pottery store. They boLight the property to utilize it as an antique store.
Mr. Butler further requested the commissioners approve the future land use change
and zoning request change.
B. There was no opposition present.
Public hearing was declared closed.
Motion was made by James Pi-ice, seconded by Keith Bai-nett to approve the future land use
plan map change. Motion cai7ied 4-0.
S. Public hearing and corzsideration o f and action on the petition of Evan afzd Melcznie Butler
,for a change in zoni~z~ f-om a~7 Agi°icultural Distr°ict (A) to a Conitnercial District (C), on a
2.83 acYe tract of land being part of th.e Enoch Crow Survey #208, being located at 4680
Pine Mill Road.
Public hearing was declared open.
A. The following individuals spoke in favor.
Evan Butler, property owner, spoke in favor of the petition.
B. There was no opposition.
Public hearing was declared closed.
Motion was made by Keith Barnett, seconded by Richard Hunt to approve the zoning
change request. Motion carried 4-0.
6. Public hearing and consideration of and action on the petition of Chester Owens for a
change in zoning firom an Agricultural District (A) to a General Retail District (GR) on Lot
9, Citi, Block 313, being located at 3930 Lamar Avenue.
Public hearing was declared open.
A. The following individuals spoke in favor.
Mary Ann Hood, realtor, representing Mr. Chester Owens, spoke in favor. Ms.
Hood stated that Mr. Owens is purchasing this property to open a retail store. All
adjoining properties are currently zoned general retaiL Ms. Hood requested the
commissioners approve the zoning change request.
B. There was no opposifion.
Ms. Betty Entzminger, adjacent property owner, stated she is not here to speak in
opposition of t11e petition. Ms. Entzminber simply wanted to address concerns over
possible drainage and trash issues. Shawn Napier addressed Ms. Entzminger's
concerns over the drainage, stating the property owner will have to address drainage before
a building penilit will be issued. The developer willhave to follow City and State laws
regarding drainage. Ms. Entzminger further stated again slie is not speaking in opposition
to the petition.
Public hearing was declared closed.
Motion was made by Dennis Chalaire, seconded by James Pi-ice to approve the zoning
change request. Motion cai7ied 4-0.
7. Consider-ation of and action on the Prelinzinary Plat ofLot 1, BlockA, Bui-ress 128
Addition, being located at 1215 Bonhan2 Street.
No action taken. Dennis Chalaire would have to recuse from this item, in furn there would
be no quorum.
8. Considez-ation ofand action on the FinalPlat ofLotl, BIocILA, Burress 128Addition, beiizg
located at 1215 Bonham Street.
No action taken. Dennis Chalaire would have to recuse from this item, in turn there would
be no quoi-um.
9. Meeting adjouined at 5.44 p.m.
APPROVED THIS STH DAY OF JULY, 2011.
Richard Hunt, Interim Chairman