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03-A&B Zoning Change Request DRAFT F:ALICE\ORDWORK\CURREN1\3-12-07 Zoning Ords May 8, 2007 ORDINANCE NO. 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 LOTS 23 AND 24, CITY BLOCK 251 OF THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A LIGHT INDUSTRIAL DISTRICT (LI) TO A HEAVY INDUSTRIAL DISTRICT (HI) DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE, AND 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 of the 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 of the 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. Section 2. That the Official Zoning Map of the City of Paris and Zoning Ordinance No. 1710 of the City of Paris, Texas, as heretofore amended is hereby further amended to rezone LOTS 23 AND 24, CITY BLOCK 251, City of Paris, Lamar County, Texas, from LIGHT INDUSTRIAL DISTRICT (LI) to HEAVY INDUSTRIAL DISTRICT (HI), said property being more particularly described as follows: r' " SITVA TED within the corporate limits of the City of Paris, County of Lamar, and State of Texas, being a part of the Redding Russell Survey, being Lots 23 and 24, City Block 251, and being more particularly described by metes and bounds in Exhibit A attached hereto and made a part hereof. Section 3. That the Chief Building Official ofthe 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 ofthis ordinance are hereby repealed, and all other provisions of the ordinances ofthe City of Paris not in conflict with the provisions ofthis 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 ofthe 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 of the provisions of this 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 of the above-enumerated sections shall constitute and be deemed a separate offense. Section 8. That this ordinance shall become effective immediately upon its passage. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the 14th day of May, 2007. Richard Manning, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: w. Kent McIlyar, City Attorney r - ~. jf1 AN UNDIVIDED ONE-HALF OF: FIRST TRACT: A PART OF THE REDDING RUSSELL SURVEY WITHIN THE CORPORATE LIMITS OF THE CITY OF PARISJ AND BEING PART OF THE TRACT OF LAND CONVEYED BY 0, W, BOSWELLJ PRESIDENT OF COLONIAL VILLAGEJ TO J B, HARVILL BY DEED RECORDED IN BOOK 2/6J PAGE 265J LAMAR COUNTY DEED RECORDSJ AND OF THE LOT CO~VEYED BY J. B, HARVILL TO JULIUS KOCH BY DEED RECORDED IN HOOK 293J PAGE 53/J LAMAR COUNTY DEED RECORDSJ DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING 150 FEET SOUTH l"DEG, WEST FROM THE NE CORNER'OF SAID BOSWELL-HARVILL TRACT OF LAND AT A STAKE IN THE WB LINE OF U.S. HIGH- WAY 271J THIS BEGINNING POINT BEING ALSO THE NE CORNER OF THE HARVILL- KOCH 10T' IHE~CE WEST 300 FEET TO THE NW CORNER OF SAID HARVILL-KoCH LOTJ TH I S BE I NG ALSO THE SW CORNER OF THE LOT CONVEYED BY ,I, 'B. HARV I LL TO E. W. STALLINGSJ BY DEED RECORDED IN THE DEED RECORDS OF LAMAR COUNTY. TEXAS' tHENCE SOUTH IDEG. WEST 100 FEETJ A STAKEj THENCE EAST 300 FEETJ A STAKE IN THEWB LINE OF U.S. HIGHWAY 271j THENCE WITH THE \4B LI NE OF SAID HIGHWAY NORTH 1 DEG. EAST 100 FEET TO THE PLACE OF BEGINNING AND BEING THE SAME PROPERTY CONVEYED BY I, W. WYNN AND WIFEJ ALICE WYNNJ TO GILBERT D. WILLIAMS AND VIRGIL LEE WILLIAMS ON OCTOBER l/J 1953J BY DEED RECORDED IN BOOK 335J PAGE 5~2J LAMAR COUNTY DEED RECORDS. , I SECOND TR.~CT: A PART OF THE REDDING RUSSELL SURVEY WITHIN THE CORPORATE LIMITS OF THE CI~Y OF PARIS AND OF A 25.17 ACRE )RACT CONVEYED BY O. W. BOSWELLJ I RESIDENT OF COLONIAL VILLAGEt TO J, B, HARVILL BY DEED RECORDED IN THE DEED RECORDS OF LAMAR OUNTYJ TEXASJ DESCRIBED BY METES AND BOUNDS AS FOLLOWS: ,BEGINNING AT A STAKE 318 FEET SOUTH OF AND 307 FEET WEST OF THE NE CORNER OF THE ABOVE MENTIONED 26.17 ACRE TRACT OF LANDJ THIS BEGIN- NING POINT BEiNG ALSO THE NE COR~ER OF A 10-ACRE TRACT OUT OF SAID 26.17 ACRE TRACT CONVEYED BY J. H. HARVILL TO HENRY BELL) BY DEED RECORDED IN THE DEED RECORDS OF LAMAR COU~TYj THENCE WITH THE NB LINE OF SAID IO-ACRE TRACT NORTH 86~ DEG. WEST-517.3 FEET A STAKEj . . THENCE NORtH 168. LJ. FEET J A SIAK,Ej THENCE SOUTH 86~ DEG, E~ST 5 7.) FEETJ A STAKEj , THENCE SOUTH 168.LJ FESTrTO THE PLACE OF BEGINNiNGJ CONTAINING 2 ACRES OF LANDJ AND BEING-:<r~SAME PROPERTY CONVEYED-By.J, B. HARVILL TO VIRGIL LEE WILLIAMS AND GIkBERT D. WILLIAMS ON MARCH 16. 195LJJ BY DEED RECORDED IN BOOK 336J PAGE 2~3J LAMAR COUNTY DEED RECORDS. THIRD TRACT: A PART OF THE REDDING RUSSELL SURVEY WITHIN THE CORPORATE LIMITS OF THE CITY OF PARISJ AND BEING PART OF THE THORNHILL TRACT OF LAND CONVEYED BY O. VI, BOSWELLJ PRESIDE~T OE COLONIAL VILLAGEJ TO J. B. HARVILL BY DEED RECORDED IN BOOK 2/6J PAGE 265J LAMAR COUNTY D~ED RECORDS AND OF THE TRACT OF LAND CO~VEYED EY J. B. HARVILL TO J O. KOCH BY DEED RECORDED IN BOOK 293J PAGE J3/J LAMAR COUNTY DEED RECORDS. DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE SE CORNER OF THE 100-FOOT LOT CONVEYED BY J, O. KOCH TO I, W~ WINN BY DEED RECORDED IN BOOK 296J PAGE 251J LAMAR COUNTY DEED K~~ORDS THIS ~EGINNING POINT BEING IN TH~ WB LINE OF U,~, HIGHWAY ~/1 256 FEET ~OUTH ~ DEG, WEST FROM THE NE CORNER OF THE ABOVE MENTIONED T~ORNHILL TRACT OF LANDj THENCE WEST JOO FEETJ A STAKE AT THE SW CORNER OF THE KOCH-WINN TRACT OF LAND' THENCE S6UTH ~ DEG. WEST 118 FEETJ A STAKEJ THE NW CORNER OF A LOT NOW OR FORMERLY OW~ED BY ED LINDSEYj THENCE SOUIH 37~ UEG, EAST 3uO FEETJ A STAKEJ THE NE CORNER OF SAID LINDSEY LOT' THENCE NORTA ~ DEG. EAST135~ FEET ~O THE PLACE OF BEGINNINGJ . 8ND BEING THE SAME PROPERTY CONVEYED BY . V. FREE AND WIFEJ ERLENE rREEJ TO GILBERT D. WILLIAMS A~D VIRGIL EE WILLIAMS ON JULY 21. 195LJJ BY DEED RECORDED IN BOOK 336J PAGE 598J LAMAR COUNTY DEED !{ECORDS. __ __ _ nm fl7~ rm~QQ EXHIBIT -.&. i{f FOURTH TRACT: A PART OF THE REDDING RUSSELL SURVEY WITHIN THE CORPORATE LIMITS OF THE CITY OF PARIS) AND ~EING A PART OF THE 26,1704 ACRE TRACT OF LAND CONVEYED BY CO~ONIAL VILkAGE) INC, TO J. B, HARVILL BY DEED RECORDED IN BOOK 295) PAGE 18)) LAMAR COUNTY DEED RECORDS) DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A STAKE IN THE NB LINE OF THE ABOVE MENTIONED 26,1704 ACRE TRACT 633 FEET WEST OF THE WB LINE OF U.S. HIGHWAY 271) THIS BEING ALSO IN T~E SB LINE OF A TRACT IN THE GEORGE HULL ESTATEj THENCE SOUTH 2 UEGt WEST 124 FEET) A STAKE IN THE NB LINE OF THE ABOVE DESCRIBED SECOND RACTj THENCE NORTH 86~ DEG. WEST 191.5 FEET) A STAKE AT THE NW CORNER OF SAID SECOND TRACT ABOVE DESCRIBEDj THENCE SOUTH 2 DEG. WEST 168.4 FEET) A STAKE AT THE SW CORNER OF SAID SECOND TRACT IN THE NB LINE OF A TRACT OF DRIVE-IN THEATERj THENCE NORTH 86~ DEG. WEST) AT 143~ FEET PASSING THE NW CORNER OF THE DRIVE-IN THEATER TRACT OF LAND) CONTINUING THIS COURSE IN ALL 233 FE~I A STAKEj IHtNCE NORTH 1~ DEG. EAST 268 FEET) A STAKE IN THE SB LINE OF A TRACT OF LAND IN THE GEORGE HULL ESTATEj THENCE WITH THE SB LINE OF SAID HULL ESTATE TRACT EAST 427 FEET TO THE PLACE OF BEGINNING) CONTAINING 2 ACRES OF LAND) AND BEING THE SAME PROPERTY CONVEYED BY J. B. HARVILL TO VIRGIL LEE WILLIAMS AND GILBERT D. \~ILLIAMS ON NOVEMBER 16) 1955) BY DEED RECORDED IN BOOK 343) PAGE 359) LAMAR COUNTY DEED RECORDS, FIFTH TR.~CT: A PART OF THE REDDING RUSSELL SURVEY WITHIN THE CORPORATE LIMITS OF THE CITY OF PARIS) A~D BEING PART OF THE 26.17 ACRE TRACT CONVEYED BY COLO~lAL VILLAGE TO J. B. HARVILL BY DEED RECORDED IN BOOK 276) PAGE 26)) LAMAR COUNTY DEED RECORDS~OF THE 7 ACRE TRACT CONVEYED BY ROYAL CROW~ BOTTLING COMPANY TO J, ~. HARVILL BY DEED RECORDED IN BOOK 274) PAGE 84) LAMAR COUNTY DEED RECORDS) AND OF THE. 7 ACRE TRACT CONVEYED BY COLQNIAt VILLAGE TO J, B. HARVILL BY DEED RECORDED IN BOOK 2b~) PAGE ~1) AMAR COUNTY DEED RECORDS) DESCRIBED BY METES AND BOUNDS AS FOlLOWS: BEGINNING AT THE NW CORNER OF THE ABOVE MENTIONED 26.17 ACRE TRACT) THIS BEGINNING POINT BEING 100 FEET \~EST OF THE SW CORNER OF A TRACT OF LAND IN THE HULL tSTATEj THENCE SOUTH) AT 749 FEET PASSING THE SW CORNER OF THE 26.17 ACRE TRACT AND THE NW CORNER OF THE ROYAL CROWN BOTTLING COMPANY 7-ACRE TRACT) AND AT 965 FE~T PASSING THE SW CORNER OF THE ROYAL CROWN 7- ACRE TRACT AND THE ~IW CORNER OF THE COLONIAL VILLAGl; 7-ACRE TRACT) CONTINUING SOUTH IN ALL 11b4 FEET) A STAKE AT THE S\~ CORNER OF THE COLONIAL VIL~AGE 7-ACRE TRACT OF lANDj THeNCE SOUTH 89 DEG. EAST 60b FEET) A STAKEj THENCE NORTH 2~ DEG, EAST 190 FEET) A STAKE AT THE SB LINE OF A 50 FOOT ROAD. THENCE ~j~H SAID ROAD NORT~ 87~ DEG. WEST 91 FEETj THENCE NORIH 2~ DEG~ EAST /09 FEET) A STAKE AT TH~ NW CORNER OF THE 271 THEATER IN THE Sn LINE OF A TRACT CONVEYED BY J. B. HARVILL TO VIRGlh LEE WIhLIAMS AND GILBERX D. WILLIAMSj THENCE NORTH 86~ DEG, WEST 80 FEET) A STAKE AT THE S~ CORNER OF SAID HARVILL-WILhIAMS LOT' THENCe NORIH 2 DEG. tAsT 268 FEET) A STAKE AT THE NW CORNER OF SAID HARVILL-WILLIAMS LOTj THENCE WEST 472 FEET TO THE PLACE OF BEGINNING) CONTAINING 14.299 ACRES OF LAND) AND BEING THE SAME PROPERTY CONVEYED BY J. B. HARVILL TO GILBEBI DEXTER WILLIAMS AND VIRGIL LEE WILLIAMS O~ SEPTEMBER 11~ 19~~) BY DEED RECORDED IN BOOK 358) PAGE 389) LAMAR COUNTY DEED KECORDS. EXHIBIT A - PAGE 2 DEED 679 PACJ BCD r - ~.- ;1 " SIXTH TRACT: A PART OF THE REDDING RUSSELL SURVEY WITHIN THE CORPORATE LIMITS OF THE CITY OF PARIS} AND A PART OF THE TRACT OF LAND CONVEYED BY O. \~. BOSWELL} PRES IDENT OF COLON IAL VI LLAGE} TO J. B. HARVI LL BY DEED RECORDED IN THE DEED RECORDS OF LAMAR COUNTY} AND OF THE TRACT OF ~AND CO~VEYED BY J. B. HARVILL TO JULIUS D. KOSCH BY DEED RECORDED IN BOOK 295} PAGE 538} LAMAR COUNTY DEED RECORDS} DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINnING AT A STAKE IN THE WB LINE OF U.S, HIGHWAY 271 AT A POINT 384 FEET SOUTH 1 DEG, WEST FROM THE NE CORNER OF THE ABOVE MENTIONED BOSWELh-HARVILL TRACT OF LAND; THENCE NORTH 87~ DEG. YlEST 300 FEET} A STAKE; THENCE SOUTH l~ DEG. WEST 100 FEET} A STAKE AT THE NW CORNER OF THE TRACT OF LAND CONVEYED BY J, B. HARVILL TO HENRY KOSCH BY DEED RECORDED IN Boo~ 292/ PAGE 281} LAMAR COUNTY DEED RECORDS? THENCE SOUIH 87~ DEG. EAST 300 FEET} A STAKE IN THE 0B LINE OF SAID U.S, HiGHWAY 271 AT THE NE CORNER OF THE ABOVE MENTIONED HARVILL- HENRY KOSCH TRACT OF LAND; THENCE NORTH 1~ DEG. EAST 100 FEET TO THE PLACE OF BEGINNING} AND BEING THE SAME PROPERTY CONVEYED BY DALLAS TELFORD AND \~IFE EMMA F. TELFORD} TO GILBERT D. WILLIAMS AND VIRGIL LEE WILLIAMS ON ~OVEMBER 13} 19/0} BY DEED RECORDED IN BOOK 521. PAGE 160, LM~AR COUNTY DEED RECORDS, REFERENCE IS EXPRESSLY MADE TO ALL THE ABOVE MENTIONED INSTRUMENTS AND RECORDS FOR ALL PROPER AND NECESSARY PURPOSES. SEVENTH TRACT: ANY LANDS OR INTERESTS IN LAND ADJACENT TO ANY OF THE ABOVE PESCRIB~D SIX TRACTS} BELONGING TO GILBERT DEXTER WILLIAMD AND WIFE} LENORE ALICE WILLIAMS} AT THE TIME OF HIS DEATH. I~ c-, S: <::::i.;:o,. c::C') ~.~-S;.; -<:-n:", ( J,"-- r-- ~"': -5/ IT? ;f = -~ ~- -.. co c...r. <=- ;.:.:... 2: r- 1>" 3:;==: J>"., ::00 ("", -" ~g :::;';;'? __,~ rrl .' CJ ~O rri :::0 :,-<0 -t:.. .1 N G'7J ',,) ^, \SjIGNED FOR IDENTIFICATION AND Y,ERIFlCATION AS A PART OF THE DEED FROM LENORE MLICE .' ILLIAMS} INDIVIDUALLY AND AS iNDEPENDENT ExECUTRIX OF THE HII."L AND ESTATE OF GII..BJERT DEXTER ~'IrJ.LIAMS} TO VIRGIL LEE HILLIAMS AND vIIFE, FLORA JANE I'IILLIAMS} DATED ANUARY 3} 198,. ~ ~ ' L /YL 'f?@ / L.:.~ NOR~CE ILLIAMS ~~~~ /f~/"/~-- RGI E ,ILLIAMS ~ r u~_ "'.~ ~~~ . . LORA ~/ILLIAMS EXHIBIT A - PAGE 3 DEED 679 fACE 6Gl CITY OF PARIS COMMUNITY DEVELOPMENT DEPARTMENT P. O. Box 9037 . Paris, Texas 75461 .903-784-9234 APPLICATION FOR ZONING CHANGE - . For Office Use Only Request Number:olOJ '1- 0 '1 Date Rcvd: 3~ (B -0 f{ Mtg Date: 5 ~ '1-0 L TYPE OF ACTION REQUESTED: ~ning Change o Specific Use Permit o Planned Development PROPERTY INFORMATION: Address: ..-.:.2 // ..d-- <X~~ :s- S- 4~p./j( ,~/'r\/ Na~ of Business or Building (if applicable): /b//.?:4?v1 r ,~~~h .r;;~//-J1 e" Lot.l3 -2 <j Block :< r I Subdivision ~ 7 &./ /iel f , I ' Current Zoning: ./;' .q/f 71? ~/ J /:e / if / Proposed Zoning: /:d./ft/ If , ~ ' / . What is the proposed use of the property? .01.!& /a r/4 / ...i!4.7i p . Describe the characterand/or nature of uses of surrounding property, a (' ~,::. 'l .) ;,€-:RJ'" I /9u JL '" .3'.4/'[//7;e' &i'/J/ /..- J'/?.-/7PC; /P1c/ttrfL//j/ /. - I . Will the re-zoned designation be compatible with the classification and use of adjoining lands? {;l / No .z5.r~ (-#~f/w/SU Pl~l) Wve~O( ~ VW'j~ ItJtiid If No, how do you propose to reduce any adverse impact? Is the tract unsuitable for uses permitted under the present zoning classification? c;;g / No If No, why are you requesting a change in the permitting uses? OWNER/APPLICANT INFORMATION: (If you are not the owner, a permission letter from the owner is required, If you are purchasing the property, a copy of the contract may be used in lieu of a permission letter ONL Y IF the contract provides that the purchase is contingent upon the applicant successfully obtaining a zoning change,) '- 0r '7J e, -5L.s-..:?9 J/;7le.. Phone: 9tfJ? _- 7;9-30<;1)1 ....., ""~/~;f ht ~ r )C?7z 7 II 21.1 "////1 )yl J 1/ Property Owner's Address: Y'.s:?9 ?- 0 79 Phone: ..................................................................................................... Applicant's Name: Applicant's Address: Property Owner's Name: RE~mIRED SUBMITTALS (check those items which are included): rH'tompleted application signed by the owner/applicant gCopy of a deed with metes and l:Jq'upps o Permission letter from owner /II' kr .; o Copy of contract to purChase the property 1)14-- I have carefully read the complete application and know the same is true and correct I hereby agree to CO(!)Wy:~fhFSltit1i"5visions of local, State, and Federal Laws will be complied with, whether herein specified or not. I certify that I am the ownecffYt"€~e property or his duly aut~o . ed agen't " ... Signed: ~ -~~~ Address: 4539 PlY) f1 . fo.r)s PrintNa: "'3l'i.-f\.;L lP\\\~^".'Y\<; Phone Number: ~03.- (~iq - 3b1t Date: 4 -\)Z .. 0\ . Fax Number: (jO::; - -"7ff8. _ q /7 SWORN TO AND SU '~~~'I'i"1/ 8E~i8C~.. ~hltRO d i of ~t' / . ' 2001 , r:' ","~ NotarY'i5"ubllc, StateOfTeXa's ,D eCj ~';" ,'~f My CGrnmlSllion Expires F CO'- J<6~ --'F;:';oi\:~,'" JtmYClry 26, 2011 _ __ .JUt ; ,Notary Public, State of Texas .; I 10 01 J) C 1.-' ((1!,- ......, ~,... - D ~ ~'')LC.o. L _ 0.. \,DW(\ FILED: ~- ~/' l ~ .:..J l.-0 'Ul , ~ ~'l..J! Itl If Planned Development reqReceW.ed,so: o Four (4) copies of a preliminary site plan APR 1 9 Z007 12/06 r- ...