2011-019-ORD AMENDING ZONING ORDINANCE NO 1710 OF THE CITY OF PARISORDINANCE NO. 2011-019
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS,
TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE A 2.83 ACRE
TRACT OF LAND BEING PART OF THE ENOCH CROW SURVEY #208, IN
THE CITY OF PARIS, LAMAR COUNTY, TEXAS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, LOCATED AT 4680
PINE MILL ROAD, PARIS, TEXAS, FROM AN AGRICULTURAL DISTRICT
(A) TO A COMMERCIAL DISTRICT (C); 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 amend City
Zoning Ordinance No. 1710, as heretofore amended, to rezone a 2.83 acre tract of land
being part of the Enoch Crow Survey #208, located at 4680 Pine Mill Road in the City of
Paris, Lamar County, Texas more particularly described in Exhibit "A" attached hereto from
an Agricultural District (A) to a Commercial District (C); and,
WHEREAS, on June 6, 2011, 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 June 27, 2011, 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 by a vote of 7 ayes and 0 nays.
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 IVo. 1710 of the City of Faris, as heretofore amended, is hereby further amended
to rezone a 2.83 acre tract of land being part of the Enoch Crow Survey #208, located at
4680 Pine Mill Road in the City of Paris, Lamar County, Texas, as more particularly
described in Exhibit "A" attached hereto, from Agricultural District (A) to Commercial
District (C).
Section 3. That the Chief Building Official of the Ciry 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 8. 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 first and final reading on this 27th day of June, 2011.
ATTEST:
.
a ice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlya , ' 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 Properry Records.
Thence North 0°O5'40" 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.
~`~HIBIT A
Foster Land Surveyina 17325 FIv1 197 Art11ur Ciry, TX 7-5411
(903) 739-9166 fx (903) 783-9159
I'ield Notes - 2.83 Acres
Siruated 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 i-ecorded in Vol. 491, Page 130 of the Deed
Records of said County and State and being an approximate 31' widestrip of land claimed by
said Geron L. Stapleton and wife, Viola H. Stapleton.
Beginning at a 3l8" capped iron pin (HF 5699) set in the South boundary line of Pine
Mill Road - Counry Road #42600 and being the Northwest corner of a called 2.6 acre Tract One
conveyed to Clyde Gibbons aild wife, Debby Gibsons by deed recorded in Vol. 448, Page 17 of
the Real Property Recor•ds of said County and State, said point being the Northeast corner of the
Staplcton tract.
Thence South 0°04'0 1" East along a fence a distance of 940.00' to a 3/8" iron pin found
at the Southwest comer of the 2.6 acre tract ancl being the Southeast corner of the Stapleton tract
and being in the North boundaly 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;
Tlience North 89°39'47" West along the North boundary line of the 16.25 acres and
alonii a fence and passing a 3/8" capped iron pin (I-IF 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
Reai 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' at the Northwest corner of the Stapleton tract and
continuino, on for a total distance of 131.46' to the point of beginning and containing 2.83 acres
of land.
I, Havden Foster, Registered Professional Land Surveyor, No. 5699 do hereby certify that the
plat and accoinpanying field notes represents an on the ground survey made under my direct
supervision. Research of recorded documents was made only for the puzTose of determining the
boundary of this propez-ty and the adjoining parcels. Record documents other than those shown
on this survey may ehist 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 Beai-ing = the West boundary line of the 2.6 acre tract and depicted
on this plat as S 00°04'01 " L. Controlling Monuments are at the terminus of the Reference
Bearing. File 110401
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COW~M,UNlTY ~EVELOPMENT DEFTP,RTWiENT
P. 0. Bax 9037 r Par'ss, Texas 75461 r 503-784-9234
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TYPE C1F ACTION REQUES i ED: N'~Zoning Change ❑
Speciffc Use Permit ❑ Planned Development
f"RC3PERTY lPdFm~~ATION:
Address: Name of Business or Building (if applicable):
Lot Block Subdivision _
Current Zoning:
What is the proposed use oi the properry? _
Proposed Zoning: ~
C~, U9v
Describe the charecter and/or nature of uses of surrounding
Wiil the re-zoned designation be compatible with the classification and use of adjoining lands. Y s No
IS No, how do you propose to reduce any adverse impact?
ls the tract unsuitable for uses permitted under the presenl zoning dassification? Yes t Jo
1
If No, why are you requesting a change in the permitting uses? D~~~~
c~am~P~
OWPEERIAPPbICAI~T~I~FORNdP.TBOP~:'e(if tter oONLYIF[hecontraclp~ovldessfhat'theepurchaseelscontlngentupontheappllcants ccessfullyob :talningeezonng
change.J
Applicant's Name:
ApplicanYs Address: Phone:
Property Owner's Name:
As~ALO
Phone
Property Owner's Address: ~ :
~a~~~e■~ece~ee■■o~~~+oc■■e.~eee■QCe■e~~e■■~r.. . co~nce~■e~e~oECS~cecec■~~~~e~ecca~o~eec
RPUIRED SUBMlTTALS (check those items which are included): ~~~nned Development requested, inciude also:
* Completed application signed by the owner/applicant
❑ Copy of a deed with metes and bounds -4~4-F-ebif,(4) copies of a preliminary site plan
-M-Permission letter from owner
--B-C-op~y of contract to purchase the property
l 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 compfied with, whether herein specified or not. I certify that I am the owner of the above property or his
dufy authorized agent.
~ Address:
Signed: r - Phone Number: - ~ -
Pnnt Name: ~
Date: Fax Number:
- - S
SWORN TO AND SUBSCF2IBED BEFORE ME this 1,0ay of 20-v~--
" Rota~ a'u.. ic, Sta±e of Texa~
~oJE~iNNA SCO~
~ 12106
FILED: Fr'
STATE 0F TE~S
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MY C(x=. E)P. 01/26✓2015
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MATMO RANDUM
T4: Chaiii»an and Members of the Planning and Zoning Coinlnission
Honorable Mayor and Members of the City Council
FRON'T: Jeanna Scott, Planning and Development Department
SUBJECT: Zoning Change Requests
DATE: May 26, 20] 1
The following zoning change request will be presented at the June 6, 2011, meeting of flle
Planning and Zorung Crnninission and the June 27, 2011, meeting of the City Coujici1 of fhe City
of Paizs for consideration:
Evan and Melanie Butler is requesting that the propei-ry located on a 2.83 acre tract of land
being part of the Enoch Crow Survey #208, being located at 4680 Pine Mill Road, be
rezoned from an Agricultural District (A) to a Commercial District (C). Mx. & Mrs.
Butler will utilize this property as an Antique Store. The property was originally
Stapleton's Pottery for several years, when the city annexed the property it was annexed in
as an Agricultural District. I recotninend approval of the petition.
cc: Gene Anderson, Interim City Nlanager
MINUTES
REGULAR IVIEETING
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 meetinb of the Planning and Zoning Commission on Monday, June 6, 2011,
was called to order at 5:30 p.m. by Shawn Napier, Director of Enbineering. PlanninQ and
Developm ent.
A. The following members were present:
James Price
Richard Hunt
Dennis Chalaire
Keith Barnett
B. The following members were absent
Benny Plata
C. Shawn Napier, Director of Engineeriug. Plaiining and Development; and 7eanna
Scott, City Staff.
2. Election of an intei•irrz Chail-inan.
Motion was made bv Keith Bai-nett, seconded by James Price to nominate Richard Hunt as
interim Chainnan. Motion caii-ied 3-0, 1 abstained.
3. Applloval of i~zinutesfi-o771 p~'evious ~neetii~o. (May 2, 2011)
Motion was made by Dennis Chalaire, seconded by Keith Barnett to approve the minutes
for the May 2, 2011 meeting. Motion canied 4-0.
4. Public hearing to provide an opportuni.o~, to present comments and written evidence and
consideratioii of and action o» I-ecomn2endinb to the City, Council the adoption of proposed
amendnients to the Future Laizd Use Plan Map as.follows:
A. Tliat the fiituj-e land use recom.rnended for tlie property located on a 2. 83 acr-e tract
of land being part qf tlze Enoch Croiti, Sun)ey #208, being located at 4680 Pine Mill
Road be clianged,fi-om Low, Densit-v Residential at Comniei•cial.
Public hearinb was declared open.
A. The following individuals spoke in favor.
Evan Butler, property owner spoke in favor of the petition. Mr. Butler stated tliey
ptu-cllased t11e property and did not realize the zoning was not right since it had been
a pottery store. They bought the property to utilize it as an antique store.
Mr. Butler further requested the coiumissioners approve the future land use chan~e
and zoning requesf chasige.
B. There was no opposition present.
Public hearing was declared closed.
Motioil was illade by Jaines Piice, seconded by Keith Barnett to approve the future land use plan ma.p change. Motion caazied 4-0. 5. Public heaz-ing artid consideration of aiid action 077 the petition of Evan aiid Melai2ie I3utler
for a clzanbe ir2 .:oni~~g fi^on7 at1 Agricultu~°al Disti~ict (A) to a. Co1nfnercial District (C), on a
2.83 acre ti-act of lan.d being part qf the Fn.och Crow Survey #208, bei71.g located at 4680
Piize Mill Road.
Public heai-ing 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 heas-ing was declared closed.
Motion was made by Keith Barnett, seconded by Ricllard Hunt to approve the zonino,
change request. Motion carried 4-0.
6. Public Iiearing a~~d consideration of and actioii on the petitio» of Chester O~~ens for a
change in zoning firoin an Agricultui°al District (A) to a General Retail District (GR) on Lot
9, Cio% Block 313, beinb located at 3930 Laniar 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 purchasin(T this property to open a retail store. All
adjoining properties are cun•ently zoned general retail. Ms. Hood requested the
cominissioners approve the zoning chan(ye 1-equest.
B. There was no opposition.
Ms. Betfy Entzmingcr. adjacent property owner, stated she is not here to spealc in
opposition of the petition. Ms. Entznlinger sitiiply wanted to address concerns over
possible drainage Ltnd trash issues. Shawn Napier addressed Ms. Entzminger's
concerns over the drainage, stating the property owner will have to address drainage before
a building pernlit will be issued. The developer will have to follow City and State laws
regarding drainage. Ms. Entzminger further stated again she is not speal:ing in opposition
to the petition.
Public hearind was declared closed.
Motion was made by Dennis Chalaire, seconded by JaiiZes Price to approve the zoninb
change request. Motion carried 4-0.
Coizsicleration of and action on the Prelininary Plat of 'Lot 1, BIocJL A, Bul-ress 128
Addi.tion, bei711(-' located at 1215 Bonham Street.
No actioil taken. Dennis Chalaire would have to recuse from this itein, in turn there would
be no quorum.
8. Considffation o f ar2d action on the Fi7aal Plut of Lot 1, BlockA, Burr-ess 128 Addition, being
located at 1215 Bonha»7 Sti-eet.
No action taken. Dennis Chalaire would have to recuse fiorn fliis item, in turn there would
be no quoium.
9. Meeting adjourned at 5.44 p.m.
APPROVED THIS ~TH DAY OF JULY, ?Ol l.
Richard Hunt, Interim Chairrnan
"NOTICE OF CONFIi3ENTIA,LITY RIGHTS: IF YOLT AIgE A NATURAL PERSQPo, I'C3U
MA' RE.Ni-k?~7F,, n~ STRf K-E ANY OIZ 4LL OF'f HL FOL~OWING INi+0RMATION
FRO?°4I A.NY INSTRIJMENT THA'I' T12ANSFERS AN INTERES'I' I1,`r REAL PROPERTY
BEFORE IT IS FILED FOR RECORD IIO' TI4L PtJBLIC RECQRDS: YOUR SOCIAL
SECURATY NUMBER OIZ YOI1R DRIVER'S LICENSE NUMBER"
WARRANTY.D,EED
THE STATE OF TEXAS §
§ ICNIOW ALL MEN I3Y THE, SE I'I2ESENTS:
COUNTY OF LAMAR §
THAT, THE UNDERSIGNED; TH[E ESTATE oi' VIOLA H. STAPLIGTOI\, by and
through NELDA VAUGHAN, Independent Executrix, hereinafter called "Grantor", whether one
or more, for and in consideration the sum of TZN DOLLARS ($10.00) aiid other valuable
consideration to the undersigned in hand paid by the Grantee herein nained, the receipt of «1hich is
hereby acknowledged, and the further consideration of the execution aiid delivery by the Graiitee of
that one certain promissoiy note of even date herewith in tl-ie principal sum of S80,400.00, payable
to the order of LIBERTY NATI4NAL I3ANK I?~T PARIS, as therein specified, providing for
acceleration of maturiry and for attorney's fees, the payment of which note is secured by the vendoi's
lien herein retained, aiid is additionally secured by a Deed of Trust of even date herewith to
TERESA L. WOODARD, Trustee,.has GRANTED, SOLD AND CONVEYED, aiid by these
presents does GRANT, SELL AND CONVEY unto EVAN BUTLER and wife, MELANIE
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
Lam&r County, Texas, il7Cluding the followirib:- Overhend power line aiid nll otlier inatters shotvn orr survey ki,
Hayden Foster, RPLS of Texas 95699 dated Apri! 15, 2011.
TO HAVE AND TO HOLD the above described premises, together with all and singular the
rights and appurtenances thereto in anywise belonginb, 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 lv~7ARRANT AND
FOREVER DEFEND all and sinQular the said premises unto the said Grantee, Grantee's heirs,
executors, administrators, successors and/or assigns against every person wlionlsoever claiming or
to claim the same or any part thereof.
But it is expressly agreed that tt7e Vendor's Lien, as well as Superior Title in and to the above
described premises, is retained against the above described property, premises aild improvements
fully paid according to the face, tenor,
until the above described note and all interest thereon are
effect and reading thereof, when this Deed shall become absolute.
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Hayden~„~oster RPLS #5699 date
capped iron pin found - survey line r~
iron pin found easement/building line r ~'Y~;-~,,
overhead power line }.~z,.,`.,~~:~~; ~ ~4.,:.'°
= Y2" Iron pin iound }
OO =~'a" iron pin found " = fence fy~'~`-'~`'~'' _ r~:.: `~*y,
water meter
Q= iron pipe found ~ - ?F~F .=~-t ~<~.s~-~
bois d'arc post found ~ = 9as meter ~ iw~ ~
T~ = teiephone pedestal ~ ~
;i ~ = POSt found ; V rt ~
~jl = conc. highway marker found ~ = fire hydrant .
~ ~E = elec. trans. pedestal ~~~s~,+~ ~~;~#tr~~ scale 1"=150'
_~e" capped iron pin pob = point of beginning ~.`~f~~
(HF 5699) set
I, Hayden Foster, Registered Professional Land Surveyor, No. 5699 do hereby certify that the plat ai~d accompanying field notes represents an
on the~ ground survey made under my direct supen~ision. Research of recorded documents was made only for the pu~pose of determining the
boundary of this properry a~~d the adjoining parcels. Record documents oti~er than those sho~~n on this survey may exist and encumber this
property. There doesn't appear to be any encroachments o[her than those shown hereon. The tract does not appear to be in a tlood 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 thi s plat as S 00°04'O1" E. Controlling Monuments are at the temiinus of the Reference
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