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2012-010 ORD AMENDING ZONING ORDIANCE NO 1710 OF COP TO REZONE PARTS OF LOT 13 BLOCK 30, LOCATED AT 1415 NW 19TH STREET ORDINANCE NO. 2012-010 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 PARTS OF LOT 13 BLOCK 305, CITY OF PARIS, LAMAR COUNTY, TEXAS LOCATED AT 1415 NW 19th STREET, FROM A ONE-FAMILY DWELLING DISTRICT NO. 2 (SF-2) 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 amendment to the Zoning Ordinance of the City of Paris to rezone Lot 13 City Block 305, Paris, Lamar County, Texas, as more particularly described in Exhibit "A", attached hereto, located at 1415 19TH Street N.W., from a One-Family Dwelling District No. 2(SF-2) to a Commercial District (C); and, WHEREAS, on March 5, 2012, 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 March 26, 2012, 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, and approved the rezoning of the property from a One-Family Dwelling District No. 2(SF-2) to a Commercial District (C) 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 No. 1710 of the City of Paris as heretofore amended is hereby further amended to rezone Lot 13, City Block 305, more particularly described by metes and bounds in Exhibit "A", attached hereto and incorporated herein by reference being located at 1415 19th Street N.W., Paris, Lamar County, Texas, from a One-Family Dwelling District No. 2(SF- 2) to a Commercial District (C). 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 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 by the city Council of the city of Paris, in regular session on this the 26th day of March, 2012. 7 A.J. Has , M. Mayor ATTEST: , moltn ice Ellis, City Clerk APPROVED AS TO FORM: U. W. Kent McIlyar, i Attorney MEMORANDUM TO: Chairman and Members of the Planning and Zoning Commission Honorable Mayor and Members of the City Council FROM: Jeanna Scott, Assistant Building Official SUBJECT: Zoning Change Request DATE: February 28, 2012 The following zoning change request will be presented at the March 5, 2012, meeting of the Planning and Zoning Commission and the March 26, 2012, meeting of the City Council of the City of Paris for consideration: Ronny Bolton is requesting a change in zoning from a One-Family Dwelling District No. 2 (SF-2) to a Commercial District (C), on Lot 13, City Block 305, being located at 1415 19`n Street N.W. The Comprehensive Plan recommends this property be zoned Commercial. I recommend approval of the petition. cc: Gene Anderson, Interim City Manager tl EXHIBIT l L-._. ~.4 CITY OF PARIS COMMUNITY DEVELOPMENT DEPARTMENT P. O. Box 9037 ■ Paris, Texas 75461 ■ 903-784-9234 APPLICATION FOR ZONING CHANGE For ottice u2s~e onquest Numbe~ Date Rcvd: Mtg Date: S ~ TYPE OF ACTION REQUESTED: a'Zoning Change ❑ Specific Use Permit ❑ Planned Development PROPERTY INFORMATION: Address: 14 ~ 5' W, W ' 19 V, Name of Business or Building (if applicable): L ph[ c: Sp~)n- 00 LL 15 10 IJ EN T-`(,)- Lot 13_ Block 3° S Subdivision Current Zoning: RLcS i~e,1JTW-1i Proposed Zoning: C-01,A M&C~- C I~ What is the proposed use of the property? t' A I2.K 1 N C-i Describe the character and/or nature of uses of surrounding property. ~DY 5A'1 0P S- VPHOL Si7ZY S NO P - P07'[E2 I N.DU5 1 l2l E5 Will the re-zoned designation be compatible with the classification and use of adjoining lands? es / o If No, how do you propose to reduce any adverse impact? Is the tract unsuitable for uses permitted under the present zoning classification? Yes / No If No, why are you requesting a change in the permitting uses? , OWNER/APPLICANT INFORMATION: (if you are not the owner, a perm/ssion letter /rom the owner ls requlred. If you are purchasing the property, a copy of the contract may be usedln l/eu o/a permissl9n IefterONLY IF the contractprovldes thatthe purchase ls cont/ngent upon the appl/canf successful/y obta/n/ng a zoning change.) 4 Applicant's Name: j, G N11Q Q L-T(3 tj ApplicanYsAddress: 14 2- 1 )/p Phone: 9 UJ `_T 8-5- I Z.8 I Property Owner's Name: NfJ E b L-1-7~ 0,-~ PropertyOwner's Address: 02I C ' 2 - 3~p~ ~pfzlS, 17(,- Phone: 203' '282 -s~(n6 R UIRED SUBMITTALS (check those items which are included): ~ ~mpleted application signed by the owner/applicant If Planned Development requested, include also: ETCopy of a deed with metes and bounds ❑ Four (4) copies of a preliminary site plan "El i'v.mmm~ission letter fram owner •B-6eny of contract to purchase the property 1 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 al Laws will be complied wi , ether herein specifed or not. I certify that i am the owner of the above property or his duly aut orized a ent. Signed: Address: Print Name: ~ Phone Number: Date: Fax Number: SWORN TO AND SUBSCRIBED BEFORE ME this ~~day of No ubiic, State of Texas FILED: 12/06 `0aY ~Pr,e~ 6 JEANNA SCOTT r ~ ~ V ~6~. a.. Notary Publ'~c ~ STATE OF TEXAS My Cortun. Exp• 01/26/2015 L ~I/N7 FE~ ~ ~ 20012 i~ f~ • 1 ~a. i ~ ~ ~tIItB IIf tPXtISi 3930 9657s ~ ~tnofa ~tl ~trn bq ('~hese ~resents: ~ (gountq nf I.AlUR ~ THAT ve, THEODORE VALTON STAGGS and CHARLES HAYDEN STAGCS, both 7 of the County of Lamar. Statc of Texas, for and in rnnsidention ~ ot the sum of Tan (510.00) and mora DOLLARS ~ to uo in twnd paid by RONALD G. BOLTON, in cash, receipt of rhieh in full i• ~ haraby acknwledgad; ~adollaw~: I 1 ' . . ; ( 1 have Granted, Sold anJ Conveyed, and by ihexe prcsents do Cranl, Sell and Convey, unlo the said . 4 RONALD G. BOLTON, • whose mailinQ aJdresz is 1421 19th Street NIi, Parie. Texas 75460, of the County of Lamar, State o( Texae, all lhal certnin „ tract or parcel of land in Lamar County, Texae deecribad ae followe: ~ A part of the JOHN HERRINGTON SURVEY vithin the corpora[e limi[s of the C1ty of Paris, about one (1) mile North 50 Deg. West from the Plaza, and being the •ame fI tract of land described in deed from Cene Alezander et ux. to Charles Ward st ux., ~ dated June 13, 1953, of record in Book 335. Page 261, Lamaz County Dead Racords; N ~ deacribed by metes and bounds ae follove in accordance vith a survey mada by R. C. p ~ 8erry, State Land Surveyor, on February S, 1954: ~ BEGINNING at a stake in the {JB line of 19th Street NS1 (GarTette FerTy Road) ` at the SE corner of a tract of land nov or formerly ovned by Earl Fields; 17IENCE WEST vith Fielde' SB line 180 feet, a e[ake; a THENCE SOUTH 21 Deg. East 112 Eeet, a stake; ~ THENCE EAST 180 feet, a atake ia the i7B line of 19ch Street NW; THENCE NORTH vith eaid YB line 112 faet to the place of beginning, ond baing the eame propercy descriDed in deed to Evie Frances Staggs at al., datad February 8. 1954, of record in Book 336, Page 203. Lamar County DeQd Rococds, and in deed to ( R? sl9M7.1 I~ } ! ~ i ~ . ~ I . I , .1 r.P ~ - ~ Real Property 619 Page 171 Theodore Walton Stagge st al., detcd Pebruary 2,•1989. of record in Book 72, Page 258. Lamar County Raal Property Records; reference being made to ell the above mentioned ~ instrumant• and recotds for all neceseary purposes. ~ I The conveyanc• evidenced by this deed Se made subject to the folloving, to the axteM •ach affect• the vithin descrlbed property or any part thereof: 1. Eaeement ftom Eees Hall Dunlap to Lone Star Gas Co., dated September 28, 1928. of record !n Book 226, Page 261, Lamaz County Deed Records; and 2. The reaervation of one-half (J) of all oil, gae and other minerale 1n deed fron C. H. Hall to G. J. Rosaer, of record in Book 288, Page 152. Lamar County Deed Records. 1 ~ I TO HAVE AND TO HOLU the above dexribed premises, together with all and singular the rights and appuAenancea lhereto in anywise belonaing unto the said RONALD C. &1LTON, his helrs and assiana forever and ve do hereby bind oureelves, out heirs, exccuton and administraton, to Wamnt and Forever Detend, all and sinAular the said premises unto the wid ROHALD C. BOLTON, hia heirs and usigns, against cvery person whomwever law(ully claiming, or to claim Ihe came, or any paA thcreof. WITNESS our hando at Par1s, iexae, this 2nd day of July. 96. . TH RE WALT?N STA , HAR ES HAY CGS i i . ~ .....5~9►~ 1~ , ! - . ~ r..,~ . • Real Property 619 Page 172 i - - ~~9D STATE OF TEXAS (Aelmow►edQmcnt) ~ COUNIY OF LAifax This instrument wu acknowledQed before me on the day o( July . 1996, _ by TREODORE WALTON STACCS and CHARLES NAYDEN STAGGS. ~ My commiss H, ANNE HVTiO - Notary Public, State of 1'exas I •~'~o1°iy~~ Notarys printed name: Expy~tM1S•1000 ~ •.~a,~.• C~M (AcknoMkdimcnt) STATE OF TEXIIS ~ COUNTY OF This inslrument wu xknowledited be(orc me on the day of • 19 ~ by My commission expires: Notary Public, Slale o( Texas Nolary's Drintcd name: ~ ~ (Corporalc AcJmowkdlment) STATE OF TEXAS COUPTIY OF This instrument was acknowledQed be(ore me on the daY of • 19 ' by o( a corporation,' oe behal( of said corporetion. 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