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2011-030 ORD AMENDING ZONING ORD #1710 AS TO COOPER PROPANE 341 ADDITIONORDINANCE NO. 2011-030 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE N0. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE LOT 1, CITY BLOCK A, COOPER PROPANE 341 ADDITION, PARIS, LAMAR COUNTY, TEXAS LOCATED AT 3015 SOUTH CHURCH STREET FROM A AGRICULTURAL DISTRICT (A) TO A LIGHT INDUSTRIAL DISTRICT (LI); 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 an application to amend City Zoning Ordinance No. 1710 of the City of Paris, as heretofore amended, to rezone Lot 1, City Block A, Cooper Propane 341 Addition, City of Paris, Lamar County, Texas, located at 3015 South Church Street, Paris, Texas from a Agricultural District (A) to Light Industrial District (LI). WHEREAS, on August 1, 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. WHEREAS, on August 22, 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. 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 No. 1710 of the City of Paris, as heretofore amended, be and hereby is further amended to rezone Lot 1, City Block A, Cooper Propane 341 Addition, City of Paris, Lamar County, Texas located at 3015 South Church Street, Paris, Texas, from Agricultural District (A) to Light Industrial District (LI). 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 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 6 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 by the City Council of the City of Paris, in regular session on this the 22nd day of August, 2011. ATTEST: ice Ellis, City Clerk APPROVED AS TO FORM: 11 lifa W. Ke t McII r, I ty Attorney 4.809 Acre City of Paris, Lamar County, Texas James Bourland Survey A-69 & George Bason Survey A-58 July 2011 Being 4.809 acre of land situated within the corporate limits of the City of Paris, Lamar County, Texas, said 4.809 acre being part of the James Bourland Survey, Abstract Number 69 and the George Bason Survey A- 58, and being all of a called 1.8 acre tract of land conveyed from WM. Claude Walker and wife Cornela A. Walker to The Cooper Butane Company on September 4, 1962 and recorded in volume 392, page 429 of the Deed Records of said county, and also being a part of a called 7.94 acre tract of land conveyed from David Edzards to Cooper Butane Company on September 11, 1987, and recorded in volume 713, page 576 of the Deed Records of said county. The said 4.809 acre being more fully described by metes and bounds as follows: Beginning at a 3/a inch iron rod found at the most Western Southwest corner of the aforementioned called 7.94 acre Cooper Butane tract, said rod also being in the East right of way line of State Highway 19/24, and also being the Northwest corner of a called 1.00 acre tract of land conveyed from the Secretary of Housing and Urban Development of Washington, D.C. to Robert L. Ballard and Loyce J. Ballard on July 9, 2007 and recorded in volume 1911, page 42 of the Official Public Records of said county; Thence N 22°40'00" E, along the West boundary line of the aforementioned called 7.94 acre Cooper Butane Company tract and the East right of way line of State Highway 19/24 at a distance of 182.50 feet passing the Northwest corner of said called 7.94 acre tract and the Southeast corner of the aforementioned called 1.8 acre Cooper Butane Company tract and continuing on for a total distance of 546.50 feet to a'/2 inch iron rod found at the Northwest corner the said called 1.8 acre tract, said rod also being located at the most Western Southwest corner of a called 5 acre tract of land conveyed from Cecil Don Nabors and Rose Mary Nabors to Paul E. Lester on February 25, 1994 and recorded in volume 423, page 206 of the Real Property Records of said county; Thence S 67°20'00" E, along the common boundary line of the aforementioned called 1.8 acre Cooper Butane tract and the aforementioned called 5 acre Paul Lester tract a distance of 260.00 feet to a'/2 inch iron rod found; Thence S 22°40'00" W, continuing on along the common boundary line of the aforementioned called 1.8 acre Cooper Butane tract and the aforementioned called 5 acre Paul Lester tract a distance of 250.15 feet to a 1/2 inch iron rod found at the Southeast corner of said called 1.8 acre Cooper Butane tract, said rod being located at the most Southern Southwest corner of the said called Paul Lester tract and also in the North bou.ndary line of the aforementioned called 7.94 acre Cooper Butane tract; Thence N 89°0 1'11" E, along the common boundary line of the aforementioned called 7.94 acre Cooper Butane tract and the aforementioned called 5 acre Paul Lester tract a distance of 196.50 feet to a'/s inch capped iron rod set, from said rod a'/z inch iron rod found as witness to the Northeast corner of the aforementioned called 7.94 acre Cooper Butane tract bears N 89°0 1'11" E a distance of 571.22 feet; Thence S 22°40'00" W, at a distance of 350.00 feet passing a'/2 inch capped iron rod set as witness and continuing on for a total distance of 406.88 feet to a point in a pond. Said point being located in the South boundary line of the aforementioned called 7.94 acre Cooper Butane tract and in the North boundary line of a called 14.61 acre tract of land conveyed from David Edzards to Robert Ballard on April 28, 1988 and recorded in volume 21, page 5 of the Real Property Records of said county, from said point a 3/8 inch iron rod found at the Southeast corner of said called 7.94 acre Cooper Butane tract bears N 8910 1'11" E(Reference Bearing), a distance of 593.77 feet; Thence S 89°0 1' 11" W, along the common boundary line of the aforementioned called 7.94 acre Cooper Butane tract and the aforementioned called 14.61 acre Ballard tract, at a distance of 40.00 feet passing a'/2 inch capped iron rod set as witness and continuing on for a total distance of 104.38 feet to a 3/8 inch iron rod found at the Southeast corner of the aforementioned called 1.00 acre Ballard tract; Thence N 22°58'OS" E, along the common boundary line of the aforementioned called 7.94 acre Cooper Butane tract and the aforementioned called 14,61 acre Ballard tract a distance of 62.48 feet to a fence corner post for corner; Thence N 65°29' 13" W, continuing on along the common boundary line of the aforementioned called 7.94 acre Cooper Butane tract and the aforementioned called 14.61 acre Ballard tract a distance of 344.89 feet to the to the Point of Beginning and containing 4.809 acre of land. I, KEVIN K. WHITLEY, REGISTERED PROFESSIONAL LAND SURVEYOR, #5892, STATE OF TEXAS, HEREBY CERTIFY THE ABOVE IS TAKEN FROM MEASUREMENTS MADE UPON THE GROUND, CONDUCTED BY ME AND COMPLETED ON JULY 8, 2011. ~V.".~ b-j/tl'zo ~ ~ ~ MEMORANDUM TO: Chairman and Members of the Planning and Zoning Commission Honorable Mayor and Members of the Ciry Council FROM: Jeanna Scott, Planning and Development Department SUBJECT: Revisions to the Future Land Use Plan Map DATE: July 25, 2011 The following proposed revision to the Future Land Use Plan Map will be presented at the August 1, 2011, meeting of the Planning and Zoning Commission and the August 22, 2011, meeting of the City Council of the City of Paris for consideration: That the future land use recommended for the property located on Lot 1, Block A, Cooper Propane 341 Addition, being located at 3015 South Church Street, be changed from General Retail to Li,ght Industrial. 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 Light Industrial, then the accompanying zoning request should be denied. cc: Gene Anderson, Interim City Manager . } F ~ $ ~ ~ ~ , j f ) ~ ~ . , + a~ y ~ ~ ~ ! J ~ . V) .r. V : ~ ~ ~ V cn Lf) ~ O _ M I i „ AVON" • ~ +tl~~ J Q ~ • ~ t-~ ~ C11 h ~ 4_ ,r _ y- "•y,•t a ^ ~ . .'~IR. ~ ~A . . a . . Ul) O ~ ~ ~ tali~ Ln V • ,y • , V ~ O rD • a