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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 ~ ~ . 04/ 14/ 11 Hayden Poster date i' . .F~,4YUE1~_F~STER._ i.,...w ~ . ,5699 . 5UH Page 1 of 1 ~ Xri ' File#: 110401 ~ Pai•t of the Epioch C►•ow Survey #208 I pob Pine Mill Rood - County Road #42600 ~ S 89'39'47" E 131 .46 I ~938.48' brick I I ~ mefol o ~ bldg. o ~ N O O CD E I ~ I o I bam L ~ I ~ 0 Iiugh E. Anthon ~ G 83 I and wife, 7~ 2 ; O . o ACRES Clyde Gibbons and wife, Nellie Jean m a ~ Debby Gibbons Anthony ro Bill G. Coe and wife ' ~ 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 , ,r N o pa 253 RPR Vol. 807, Page 81 RP Stapleton pne T~~~o ge ~ and wife, 2 6 acres ~ 2.0 acres cc , Viola H.. Stapleton cn ~ cl ° VoL 441, .2-1 Page 130 ` DR + ~ o - M ' a ~ I w ~ I 0 Q I C) Q ~ Q I CD z cn 10~.~~~ deed=123' deed=100' deed=160' deed=247.5' I ~ meosured=256' 123.52' 99.7' 160.57' • James C. Ford and wife, ~ Glenna R. Ford 16.25 acres VoL 256, Pade 1 06 RPR ' N 89'39'47" W 131 .01 ~•,-r°-~.3>:-,-'=x`~ 04/15/11 Hayden;, oster RPLS #5699 date •_'fz" capped iron pin found - survey line ~ ~ OF iron pin found - - - - = easement/building line , " iron pin found -w-= overhead power line YZ fence " " v iron pin found QQ = YB aR J Q= iron pipe found water meter (9 = bois d'arc post found gas meter QT = telephone pedestal t f d oun 0 = pos = conc. hi hwa marker found 0 = fire hydrant trons. edestol '{,~~~~r ~ g y E = elec ~ P " scale 1, '=150' . capped iron pin _ ~ pob = point of beginning (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 ~ l~ ~lS~~~ "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. s: 1 ~ H i ~ ~4~. ~y l.~~ ~ ' ~ • / ~ b y✓ ~ ~''C F 4-"~~ ~ FF S CL 4m Cd+~ey' Dimr z:il 4m Pt~ 4 Wa *S, F ~fi L f Y l~ 1 ~ ~rk k-. ; • . ;YC ,~t~~. ~ Y . . M~fnUTrA.0. tt k k . . ~ 00 , ~ , h ~ w N 54 f ~y?{' 4~~(~ . f ~ . kle~ i' A 1 - ~ i ~ ~ . . . 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