2011-020-ORD AMENDING ZONING ORDINANCE NO 1710 OF THE CITY OF PARISORDIIVANCE NO. 2011-020
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 LOT 9, CITY
BLOCK 313 PARIS, LAMAR COUNTY, TEXAS AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, LOCATED AT 3930
LAMAR AVENUE FROM AN AGRICULTURAL DISTRICT (A) TO A GENERAL
RETAIL DISTRICT (GR); DIRECTING A CHAIVGE ACCORDINGLY I1V 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 application
to amend City Zoning Ordinance No. 1710 of the City of Paris, as heretofore amended, to
rezone Lot 9, City Block 313, City of Paris, Lamar County, Texas, as more particularly
described in Exhibit "A" attached hereto, located at 3930 Lamar Avenue, Paris, Texas from
Agricultural District (A) to General Retail District (GR); 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 amendment; 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 Paris, Texas, as heretofore amended, is hereby further
amended to rezone Lot 9 City Block 313, City of Paris, Lamar County, Texas, as more
particularly described in Exhibit "A" attached hereto, located at 3930 Lamar Avenue, Paris,
Texas from Agricultural District (A) to General Retail District (GR).
Section 3. That 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. 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 S. 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 invalidiry 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 this 27th day of June, 2011.
ATTEST:
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nice Ellis, City Clerk
APPROVED AS RM:
W. ent Mc ar, ' Attorney
EXHIBIT "A"
Being all that certain tract or parcel of land
situated about 3 miles East from the City of Paris, County of
Lamar and State of Texas, a part of the Joseph Leach Survey
and also being a part of the same land conveyed W.H. Peterson
by S.E. Smith and wife, November 22, 1929, and of record in
Book 224, page 506 and a part of the same land conveyed
Myrle Hankins Randle and husband, Charles Randle, by Effie
Smith Hankins and of record in Book 343, page 66 of the Deed
Records of said County and State and being further described
as follows:
BEGINNING at an iron pin set for corner in the
South Boundary line of U.S. Highway No. 82, said point being
North 89° 31' East a distance of 141.2 feet from the
intersection of the South Boundary line of the above
mentioned Smith to Randle tract of land;
THENCE North 89° 31' East a distance of 104 feet
to an iron pin for corner;
THENCE South 1° 45' East a distance of 250 feet
to an iron pin for corner;
THENCE South 89° 31' West a distance of 104.0
feet to an iron pin for corner;
THENCE North 1° 45' West a distance of 250.0
feet to the place of beginning and containing 0.597 acre of land,
more or less.
were the o
Deed of Trust of aven date her~i.th of Graatee to ard M.
Traistes, fot the benefit of the holder of said note,
~
have Graated, So1d snd Cam,,eYed, and bY dme Pmmu do GranY, &R sad CbnveY aato tbe said
Paul W. Horne and wife, Dorothy F. Harne, 1075 Cardinal Lane, Paris.
Tex.as ?5460
of the Connty of Lamar , utate ot Texas atl dot cerrain
tract or parcel of land situatec3 in Lamar Gounty, Texas, described as
follows, to-wi.t:
Be3ng a11 ti'iat certa.in tract or parcel of land sit uat.ed abaut
3 miles East from the City of Paris, County of Lamar and State of Texas,
a part of •the 3osegh I,each Survey and also being a part of the s ame land
conveyed W. S. Peterson by S. E. Smith and wife, Wovember 22, 1929, and
of record in Book 224, gaqe 506 and a part of the satae iaad conveyed
Myrle Hankf.ns Randle and husband, Charles Randle, by Effie Smith Hankins
and of xecord in Book 343, page 56 of the Deed Records of said County
and State ancl being further described as follaws:
BEGIND3ING at an iron pin set for corner in the South Bpundary
line of U. S. High`eay No. 82, said point being North 890 31' $asG a
distance of 141.2 feet fram the intersection of the South Boundery line
af the above mentioned Smith to Randle tract of 1and;
THENCE North 690 31' East a distance of 104 feet to an iron gin
for corner;
THEtdCE South 10 45' Ea&t a distance of 250 feet to an iron pin
for corner;
THENCE Sauth 890 31' West a distance of 104.0 feet ta an iron
pin for corner;
THENCS Nvrth 10 45' west a distance of 250.0 feet to the place
of beginnatng and containing 0.597 acte of land, more or less.
, r r YAASItC 37'kT30NE8Y Ca. DdL.
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A-10.}-WARBANTY D8$D-1Nitt Vwdo~O t~iaa. Gewil rad Cerpen '
I 11 L' STtS 1E Or TEXASf ~
COUAITY 0F.__ LAKAR
Know AIl 1VIen $y These Presen#s:
'Ihat = , JF,NNII.EE RANDI,E,
of the CamtY of Lamar
,$tate o! Texas ior aral in rnnsideratioA ot
the snan ot - _ _ _ _ _ - - - - _ _ - _ _ - - - - - - - - - - - - - -
TENANDNO/100 ($10.00) - -------------------DO94XOAn,
and other good and valuable consideratic,n
to me Paid, and -&mud fpz~ by PAUL W. HORNE and wife. DOROTHX F.
HORNE, the receipt and sufficiency of which are hereby aeknowledged,
and $21,000.00 paid by Fisst Federal 3avings & Loan Associatian of
Paris for Panl W. Hoxne and wife, Dorothy F. Horne, at their special
inatanae and request, which ssid sum of S21,000.00 is evi.denced by
venclor's lien note of the said Paul W. Horne and wife, Dorothy P.
Horne, of even date herewith, payable to First Federal Savings 6 I.aan
Association of Paria, or order, at Paris, Texas, principal and interest
payable as in said note provided, the vendor's lien retained hexein is
hereby transferred and assigned to Firsti i*ederal Savings & Loan
Association and it a.s aubrogatsd to all the rights thereto as if it
were the osi.ginal grantor, and said indebtednesa is fnrther secured by
Deed of Trust of even date herewith of Grantee to Richard M. Amis,
Trustee, for the benefit of the holder of said note,
&I
have Granted. Soid and Crnm-eYed, and b3' ibm P~ ~QwO, SeD and CamveY nnto the said
Paul W. Horne and wife, Dorothy F. xorne, 1075 Cardinal Lane, Paris,
Texas ?5460
of tlw CoantY of I.amar , 5tate ot Texas an that csttain
tract or parc:el of land situated in Lamar County, Texas, described as
follows, to-wit:
Being alI that aertain tract or parcel of land sit uated abaut
3 miles East from the City af Paris, County of I,amar and State of Texds,
a part of .the 3oseph Leach Survey and also being a part of the same land
conveyed w. H. Peterson by S. E. 5m3.th and wife, Novendoer 22, 1929, and
of record in Book 224, page 506 and a part of the same land conveyed
Myrle Hankins Randle and husband, Charles Randle, by Effie Smibh Hanlcins
an8 of record in Book 343, page 66 of the Deed Records of said County
anc3 State and bei.ng furtl'ier described as fol3ows :
BEGINNZNG at an iron pin set faz corner in the South BPUndary
lirie of U. S. Siyb.way No. $2, said point beiag North 890 31' East a
dietance of 141.2 feet fram the intersection of the South Boundary line
of the above mentioned S~+ai.th to Ranflle tract of land;
THENCE North 890 31' East a distance of 104 feet to an iron pin
r..... -
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TO; Chainnan and N(embers of the Planning and Zoning CoInmission
Honorable Ieft'ayor and IVlembers of the City Council
FRQM; Jeanna Scott, plarining aiid Developinent Bepartment
SUB,~~CT: Zoning Change Requests
DATE: May 26, 2011
The following zoning change request will be presented at the June 6, 2011, meeting of the
Planning and Zoning Comynission and the June 27, 2011, meeting of the City Council of the City
of Faris for consideration:
Chester Owens is reguesting that the propert-y located on Lot 9, City Block 313, being
located at 3930 Lamar Avenue, be rezoned from an Agricultural District (A) to a General
Retail District (GR). The Future Land Use Plan Map recommends this property be zoned
General RetaiL I recoininend approval of the petition.
cc: Gene Anderson, Interim City Nianager
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GITY OF PAR{S
CON+MUNITY DEVELOPtdiENT DEFARi M1;~EF! r
P. O. Box 9037 m Paris, Texas 75461 a 903-784-9234 _7y;7-
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[!Do:,t:,R.vd: ice Use Only Req~5, _ .
APPLfCATIOt~ FOR ZOt~I~lG CF~ANlGE _ Mtg Date:~ J
TYPE OF ACTION REQUESTED: ❑ Zoning Change ❑
Specific Use Permit ❑ Planned Development
PROPERTY INFORMATION:
Address: .3 s .3 O
Name of Business or Building (if applicable): _
Lot Block Subdivision ~
Current Zoning:
Proposed Zoning: -,N cY0") CrAn,;_I
What is the proposed use of the property?
Describe the character andlor nature of uses of surrounding property ZIe 1 1
I~► A_
Wili the re-zoned designation be compatible with the classification and use of adjoining lands? 1'601 No.
If No, how do you propose to reduce any adverse impact?
,4 Is the tract unsuitable for uses permitted under the present zoning classification? Yes 0
If No, why are you requesting a change in the permitting uses?
OWNER/APPbeCANTINFORMATION:/e~te~On~LvlFthecontractpPovldesthat'thepurchaseelscontingen u'pontheappllcantsucces~fullyobfalningazoning
change.f
ApplicanYs Name:
Z 1 N-g0 - Z.~vd
~ hone: Z
ApplicanYsAddress:
Property Owner's Name:
Property Owner's Address:
■~~~a~ss~~r~~~~esr~~s~s~~~~~~~sr~e~■~s~~r~~~~~~■e s~~~r~er~~~~■
Phone:
REQUIRED SUBMITTALS (check those items which are inclu a e)• if Planned Development requested, incfude also:
V Completed application signed by the owner/applicant ❑ Four (4) copies of a preliminary site plan
EYCopy of a deed with metes and bounds
ermission letter from owner
~'bpy 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 all provisions of local,
State, and Federal Laws wili be com w' , hether herein specified or not. I certify that I am the owner of the above property or his
duly authorized agent.
Si ned: Address: ~,11!11111111111, JI N ^FE-.~.. h~'a f~. C~ '~-1k-~~ v
9 Phone Number:
Print Name: r ~ Fax Number. r? Z 9 L-?oX
Date: -
SWORN TO AND SUBSCRIBED BEFORE ME this 1-11_111day of 1Z0 J\-
CL~
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. Notary Public, State of Texas
vJ
12/06
F I L E D:
SUSAN GATTON
~
Notary Public, State of Texas
~ My Commission Expires
Jun~ 21, 201~