02-M&N Zoning Change 5.574 acre Tract
DRAFT
F:ATTORNEY\ORDWORK\CURRNET\ 12.12.05 Zoning Ords
November 30, 2005
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE
CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES
ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING
A PLANNED DEVELOPMENT DISTRICT - OFFICE CENTER (PD-f) ON A
5.574 ACRE TRACT OF LAND LOCATED TO THE EAST OF TOWNWOOD
ESTATES #1 AT THE EAST END OF LEVI LANE, ON PROPERTY
BELONGING TO BOBBY SMALL WOOD, SO AS TO INCLUDE THEREIN
TERRITORY FORMERLY DESIGNATED AS AN AGRICULTURAL
DISTRICT (A); DESIGNATING THE BOUNDARIES OF THE PLANNED
DEVELOPMENT DISTRICT - OFFICE CENTER (pD-f) SO ESTABLISHED;
PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris, Paris, Texas, has previously received a
request for an amendment to the zoning ordinance of the City of Paris; and,
WHEREAS, the City Council has subsequently referred said request for amendment to the
Planning and Zoning Commission for its review and recommendation in accordance with the City
zoning ordinance and State law; and,
WHEREAS, the Planning and Zoning Commission did conduct a public hearing on said
proposed amendment to the City zoning ordinance and, following said hearing, made formal
recommendation to the City Council regarding said proposed change; and,
WHEREAS, the City Council ofthe City of Paris did subsequently conduct a public hearing
on the aforesaid 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 plan of the City of Paris, consistent with the City zoning
ordinance, and in the best interests and to the benefit of the public health, safety, and welfare ofthe
citizens of the City of Paris; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in all things
approved.
T ~.
Section 2. That the boundaries heretofore established by the Zoning Map and Ordinance No.
1710 of the City of Paris, Paris, Texas, be, and the same are hereby, changed, and that a PLANNED
DEVELOPMENT DISTRICT - OFFICE CENTER (PD-f) be, and the same is hereby, established
ON A 5.574 ACRE TRACT OF LAND LOCATED TO THE EAST OF TOWNWOOD ESTATES
#1 AT THE EAST END OF LEVI LANE, on property belonging to BOBBY SMALLWOOD, so
as to include in such PLANNED DEVELOPMENT DISTRICT - OFFICE CENTER (PD-t) the
hereinafter described property, which was formerly and is presently designated as an
AGRICULTURAL DISTRICT (A), and that the boundaries of said PLANNED DEVELOPMENT
DISTRICT - OFFICE CENTER (PD-t) be, and the same are hereby, established as follows:
SITUATED within the corporate limits of the City of Paris, County of Lamar,
and State of Texas, being part of the Redding Russell Survey, Abstract No. 786, and
being part of a called 99.54 acre tract ofland described in a Deed to the Townwood
Development Co., Inc., and recorded in Volume 511, Page 188, of the Real Property
Records of Lamar county, and being more particularly described as follows, to wit:
BEGINNING at a 1/2" iron pin (t) for a comer in the North Boundary Line
of a called 2.3835 acre tract of land described in a Deed to Norman Montgomery, et
aI., and recorded in Volume 1184, Page 278, of the Real Property Records of Lamar
County, same being the Southeast comer of a tract of land described in a deed to
Raphael C. Lui, et aI, and recorded in Vol. 1378, page 70, of the Real Property
Records of Lamar County, Texas;
THENCE N 22051'10" East along the East boundary Line of said Lui tract,
a distance of 172.062', to a 1/2" iron pin (t) for a comer in the South Boundary Line
of Levi Lane, as shown on the recorded Plat of the Townwood Estates #1 Addition,
and as filed in Envelope 321-C, of the Plat Records of Lamar County, same also
being the Northeast comer of said Lui tract;
THENCE along the South boundary Line of said Levi Lane in a southeasterly
direction and around a clockwise curve having an arc distance of20.922', a radius of
985.000', and a chord bearing ofS 670 36' 14" E, 20.922', to a 1/2" iron pin (t) for an
inside comer, same being the most Easterly Southeast comer of said Townwood
Estates Addition;
THENCE N 21053'48" E along an East boundary Line of said Townwood
Estates Addition, a distance of 59.996' to a 1/2" iron pin (t) in an angle point of said
East Boundary Line, same being the Southeast comer of said Townwood Estates
Addition;
THENCE N 21002'11" E along the East Boundary Line of said Lot 28, at a
distance of 162.897', passing a 1/2" iron pin (t), same being in the South Boundary
Line of a 70' wide drainage and utility easement, and continuing same course, in all,
a distance of 198.355' to a 1/2" iron pin (t), same being the Northeast comer of said
Lot 28 and the Northeast comer of said Townwood Estates Addition;
THENCE N 21002'11" E over said 99.54 acre tract, a distance of72.235', to
a 1/2" iron pin (s) for a comer;
THENCE S 59036'56" E with a sewer line and over said 99.54 acre tract, a
distance of 63.429', to a sewer line manhole in an angle point of said sewer line;
THENCE S 67009'02" E with a sewer line and over said 99.54 acre tract, a
T--
distance of 63.429' to a sewer line manhole in an angle point of said sewer line;
THENCE S 21027'00" W over said 99.54 acre tract, a distance of 398.890',
to a 1/2" iron pin (s) for a comer;
THENCE N 76051'19" W over said 99.54 acre tract, at a distance of445.500'
passing a 1/2" iron pin (f) for the Northwest comer of said 2.3835 acre tract, and
continuing same course, in all a distance of 567.547' to the place of beginning and
containing 5.574 acres ofland, being located East of Townwood Estates #1 at the
East end of Levi Lane.
Section 3. That the zoning herein granted is conditioned upon the submission of a Site Plan
in accordance with Section 8-302 of Ordinance No. 1710, which after full compliance with the
procedure established in Section 21 of said Ordinance No. 1710, must be approved by the City
Council prior to the issuance of any building permits.
Section 4. That the Chief Building Official of the City of Paris be, and he is hereby, directed
to change the Zoning Map ofthe City of Paris in accordance with the provisions of Ordinance No.
1710 and the land use map accompanying the same, and in accordance with the provisions of this
ordinance.
Section 5. That any person violating any of the provisions ofthis ordinance shall be guilty
of a Misdemeanor, and, upon conviction, shall be fined in any sum not to exceed $2,000.00, and each
and every day's continuance of any violation ofthe above-enumerated sections shall constitute and
be deemed a separate offense.
Section 6. That all ordinances or parts of ordinances in conflict herewith are hereby
expressly repealed.
Section 7. That this ordinance shall become effective January 1,2006.
PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on
this the 12th day of December, 2005.
Curtis Fendley, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
John D. Lestock, Assistant City Attorney
.-,.---
OCT 17 2005 12:43PM HP LASERJET 3200
p.2
AFFIDAVIT REQUEST FOR AMENDMENT TO ZONING ORDINANCE: NO. 1r~JE
STATE OF TEXAS i
COUNlY OF LAMAR S .' " 2
"1 i'/ _ r:.-
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BEFORE ME, the undersigned authority, on this day personally appearel~ . BOBBY ~~Wqaf,.{Y .
PI\; ~tS T E)C.t\ ,;
who upon oath deposes and says:
"I am BOBBY SMALLWOOD and my address is343 FM 2121 Paris, TX 754~2arld my phone number
is (903) 739-2350
. and I haVe a proprietary interest in property located wlthir the corporate limits
of the City of Paris being described as follows:
SEE A IT ACHED PLAT & FIELD NOTES
. .Shareholder - Paris SMPC LLC
MMy interest In the above described property IS. .' anClI (; 0 request a change
In zoning from AGRICULTURAL to PLANNED DEVELO~MENT-f (Offmce Center)
Mln support of said request I make the following answers to questions 141:
1. Will the re-zoning be in accordance With the original comprehensive zoning scheme. as
represented by the pre-establlshed zoning ordinance and the long range masterpl an and map that has
been adopted by the zoning orcIlnance?
YES
2. Will the re-zoned designation be compatible with the classification and U! ie of adjoining lands
so as to avoid adverse impact on neighbors?
YES
3. Is the tract unsuitable for uses permitted under the present zoning clal! sification: therefore
justifying a change in zoning?
YES
4. Does the re-zoning bear a substantial relationship to the public healt1, safety, morals or
general welfare or protect and preserve historical and cultural places and areas C," meat a substantial
public need? YES
5. HAS A COPY OF THE LAND DEED BEEN ~:;;..~ ~
Signature of Appllcar t
J>WORN TO AND l)\JBSCRIBED BEFORE ME, by 1he_~L~O. 0 / /
(fll['i'---dayof {L~o~ .2IJ~~~
Notary Public. State .;.f Texas ----
FilED:
Janice Ellis, City Clerk
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t ",<~~~'~(;~"" KATHLEEN COKER!
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All that certain tract or parcel of land situated within the Corporate Limits of the City of
Paris, in Lamar County, Texas; part of the Re~ing Russell Survey, Abstract No. 786, and
being part of a called 99.54 acre tract of land descnbed in a Deed to the Townwood
Development Co., Inc., and recorded in V olume 511, Page 188, of the Real Property
Records of Lamar County, and being more particularly descnOed as follows, to wit:
Beginning at a W' iron pin (found) for a comer in the North Line of a called 2.3835 acre
tract ofland descnbed in a Deed to Norman Montgomery, et al., and recorded in Volume
1184, Page 278, of the Real Property Records of Lamar County, same being the
Southeast comer of a tract of land descn1>ed in a Deed to Raphael C. L~ et al., and
recorded in Volume 1378, Page 70, of the Real Property Records of Lamar County;
Thence N 220 'lll 0" E along the East Line of said Lui tract, a distance of 172.062', to a
~" iron pin (foUllo) for a comer in the South Line of Levi Lane, as shown on the recorded
Plat ofthe Townwood Estates #1 Addition, and as filed in Envelope 321-C, ofthe Plat
Records of Lamar County, same also being the Northeast comer of said Lui tract;
Thence along the South Line of said Levi Lane ina Southeasterly direction and around a
clockwise curve having an arc distance of20.922', a radius of985.000', and a chord
bearing ofS 670 36' 14" E, 20.922', to a W' iron pin (found) for an inside comer, same
being the most Easterly Southeast comer of said Townwood Estates Addition;
Thence N 21 0 53~8" E along an East Line of said Townwood Estates Addition, a
distance of 59 .99ttJto a ~"iron pin (found) in an angle point of said East Line, same
being the Southeast comer of Lot 28 of said Townwood Estates Addition;
Thence N 21002' II" E along the East Line of said Lot 28, at 162.897', passing a~"
iron pin (found), same being in the South Line of a 70' wide drainage and utility
easement, and continuing same course, in all, a distance of 198.355', to a ~" iron pin
(found), same being the Northeast comer of said Lot 28 and the Northeast comer of said
Townwood Estates Addition;
Thence N 21002' 11" E over said 99.54 acre tract, a distance of72.235', to a ~" iron pin
(set) for a comer;
Thence S 59036' 56" E with a sewer line and over said 99.54 acre tract, a distance of
63.429', to a sewer line manhole in an angle point of said sewer line;
Thence S 670 09' 02" E with said sewer line and over said 99.54 acre tract, a distance of
475.432', to a~" iron pin (set) for a comer;
Thence S 21027' 00" Wover said 99.54 acre tract, a distance of398.890', to a W' iron
pin (set) for a comer;
2 of 3
y....
Thence N 760 51' 19" W over said 99.54 acre tract, at 445.500', passing a W' iron pin
(found) for the Northeast comer of said 2.3835 acre tract, and continuing same course, in
all, a distance of 567.547', to the Place of Beginning and containing 5.574 acres of land.
The bearings recited herein are based upon the Deed call of the North Line of said
2.3835 acre tract, being S 760 51' 19" E. This description was prepared from an actual
survey made on the ground and under my supervision, with field notes completed
October 5, 2005.
According to the Lamar County, Texas, Flood Hazard Boundary Map, prepared by
the U.S. Department of Housing and Urban Development, Federal Insurance
Administration, Community Panel No. 480891 0008A, effective date of November 29,
1977, and the City of Paris, Lamar County, Texas, Flood Insurance Rate Map, prepared
by the Federal Emergency Management Agency, National Flood Insurance Program,
Community Panel No. 4804270002B, effective date of December 15, 1983, none of the
above descnbed tract ofland appears to lie within the limits of the 100 year flood plain.
October 5, 2005
4)~~~
Wendell J. ore
Registered Professional
Land Surveyor No. 5723
3 of 3
-T .
November 5, 2005
City Secretary,
Director of Community Development, and
Planning and Zoning Commission
Paris, Texas
Ladies and Gentlemen:
We, the under signed residents on Levi Lane, Paris TX, are opposed to the rezoning
request of Bobby Smallwood for the 5.574 acre tract ofland located to the east of
Townwood Estates #1 and at the east end of Levi Lane.
We feel that the development of an office center subsequent to this rezoning will result in
Levi Lane being surrounded on three sides by business properties, cause a sharp increase
in vehicular traffic on Levi Lane and further reduce the already depressed property values
on Levi Lane.
Sincerely,
from the property in question.
fj~~
~L~
Loy D & Debbie Clark
Townwood Estates 1, Block A, Lot 27
1155 Levi Ln.
Paris, Tx. 75462
NOTE: The Clarles live one lot removed
e did not receive a notific tion letter.
j(
~~~.
Raphael C & A Mu-Chu Lui
Townwood Estates I, Block B, Lot 4
1140 Levi Ln,
Paris, Tx 75462
~~
Richard B & Patricia H Culver
Townwood Estates I, Block B, Lot 3
1130 Levi Ln.
Paris, Tx 75462
~
Received
NOV 0 7 2005
C!!y. of Paris
City CI8Fk
en & Jennifer Goode
Townwood Estates I, Block B, Lot 1
1110 Levi Ln
Paris Tx 75462
T ...
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