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2011-029 ORD ADOPTING REVISIONS TO FUTURE LAND USE PLAN MAP TO LOT 1, CITY BLOCK A, COOPER PROPANE 341 ADDITIONORDINANCE N0. 2011-029 TEXAS AN ORDINANCE OF TOpTING EVISIONS TOHTHE FUTURE LAND USE APPROVING AND AD PLAN MAP FOR THE CITY OF PARIS AS IT PERTAINS TO LOT CITY BLOCK A, COOPER PROPANE 341 ADDITION, CITY OF PARIS, LAMAR COUNTY, TEXAS, LOCATED AT 3015 SOUTH CHURCH STREET PARIS, TEXAS, AS FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, FROM RETAIL (R) TO LIGHT INDUSTRIAL (LI) MAKING OTHER ING FINDINGS AND PROVISIO E~BILITYC USE, A PENALTY C AUISE AND REPEALER CLAUSE, A SE 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 pla anic, a du ther designed to lessen congestion in the streets; secure safety from fire, p revent dangers; promote health and the general welfare; provide adequate light and air; p the overcrowding of land, avoid undue concentration of population; or facilitate the adequate provision of transportation, water, sewers, schools, parks, and other public requirements; and, WHEREAS, on September 6, 2001, hw Com ~e Zoning and Land enacted Ordinance No. 2001-054 which adopted a ne Prehensi 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 Ln Cha r213 of he local govrernmen code•landMap Legend Explanations ►n accordance wit pte WHEREAS, on August 1, 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 City of pertains to the property located on Lot 1, Block A, Cooper Propane 341 Addition, Paris, Lamar County, Texas, located at 3015 South Church Street Paris, Texas, as further described in Exhibit "A" attached h~ecomm rend he al ndmet melgo th e Paris City CI ounc1~d following the public hearing voted to and, WHEREAS, on August 22, 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 amendment 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 amendment to the Future Land Use Plan Map for the City of Paris, the City Council determined that this amendment would be in the best interest of the City of Paris and its citizens, and the same should be approved. NOW, THEREFORE, BE IT ORDAIIVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: SeCtlon 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That the Future Land Use Plan Map of the City of Paris, Texas, be and hereby is amended as it pertains to Lot 1, Block A, Cooper Propane 341 Addition, Paris, Lamar County, Texas, as further described in Exhibit "A" attached hereto and incorporated herein, be and is hereby changed from Retail (R) to Light Industrial (LI). 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 S. 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 6 ayes and Q 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 first and final reading this 22nd A.) ATTESTED: gice Ellis, City Clerk APPROVED AS TO FORM: i^~__.. y i v W. Kent McIlyar, ' Attorney of August, 2011. M / \ 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- Sg, 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 3/8 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 ' ing also being the Northwest corner of a called 1.00 acre L. Ballard and Loyd froB llard on July 9, 2007Sand and Urban Development of Washington, D.C. to Robert 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'/Z 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~Sre1994 and r~~ecorded inv olume 423, page 206 of he Real Mary Nabors to Paul E. Lester on February , 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 being '/2 inch iron rod found at the Southeast corner o the saidc alled Paul LesterB act and alsoain the North located at the most Southern Southwest corner of boundary line of the aforementioned called 7.94 acre Cooper Butane tract; Thence N 89°0 1'11" E, along the commo Paul1Lester~actf ard stance of 196 50 feet tora 'C/~ nch Butane tract and the aforementioned called 5 acre 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 89001111" E a distance of 571.22 feet; Thence S 22°40'00" W, at a distance of 350.00 feet passing a'/z 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 11 tt EXHIBIT A recorded in volume 21, page 5 of the Real Property Records of said county, from said point a'/a inch iron rod found at the Southeast corner of said called 7.94 acre Cooper Butane tract bears N 89°0 1' 11" E(Reference Bearing), a distance of 593.77 feet; Thence S 89°O l' 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, TEXAS, HEREBY CERTIFY THE ABOVE IS TAKEN FROM MEASUREMENTS GROUND, CONDUCTED BY ME AND COMPLETED ON JULY 8, 2011. V b1~~~ f ZD~ ~ ~ #5892, STATE OF MADE UPON THE MEMORANDUM TO: Chairman and Members of the Planning and Zoning Commission Honorable Mayor and Members of the City 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 l, Block A, Cooper Propane 341 Addition, being located at 3015 South Church Street, be changed from General Retail to Light 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, lnterim City Manager P f ~k ~ r ~ ~~q - • ~ a3+y ~ ~ <y f q~~ M ~ . r 'y A,^ a f'4 . ~ ~ • a.# l ,T~~.: . 1. W O ~ Ln tr~ n ~ ~ ~ ~ ~ 4 ~ . . ; ..F ~ ~ 420Ml ~