05-A Zoning Change Request 2255 S. Collegiate DriveDRAFT
F:ALICE\ORDWORKICURREN1112-10-07 Zoning Ords
February 1, 2008
ORDINANCE N0.
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
l, CITY BLOCK 350, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM
AN AGRICULTURAL DISTRICT (A) TO A PUBLIC LANDS AND
INSTITUTIONS DISTRICT (PLI) 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 Planning & Zoning Commission received a request for an amendment to
the zoning ordinance of the City of Paris; to rezone LOT 1, CITY BLOCK 350 from a
AGRICULTURAL DISTRICT (A) to a PUBLIC LANDS AND INSTITUTIONS DISTRICT (PLI);
and,
WHEREAS, on February 4, 2008, the Planning and Zoning Commission conducted 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, on February 1 l, 2008, the City Council of the City of Paris conducted 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, 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 l,
CITY BLOCK 350, City of Paris, Lamar County, Texas, from AGRICULTURAL DISTRICT (A)
to PUBLIC LANDS AND INSTITUTIONS DISTRICT (PLI), said property being more particularly
described in Exhibit A attached hereto and made a part hereof.
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 ardinance 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 of the provisions of this ordinance shall be guilty
of a Misdemeanor, and upon conviction, may 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 11 th day of February, 2008.
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Jesse James Freelen, Mayor
W. Kent McIlyar, City Attorney
054097-2007 11/01/2007 01:43:39 PM Page 4 of 5
CHALAIRE SURVEYING, INC.
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s• j BOUNDAAY • TOPOGRAPHY • CONSTRUCTION
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1
Field Notes
72.86 Acres out of the James L. Clifford Property
In the City of Paris, Lamar County, Texas
Being a 72.86 acre tract of land in the George W. Cox 5urvey, Abstract No. 164, and the Joseph Leach Survey,
Abstract No. 524, in the City of Paris, Lamar County, Texas; being all of Lot 1, City of Paris Block 350; and
being all of that certain iract of land described as Tract 1 in deed dated January 14, 1983, to James L. Clifford,
et ux, recorded in Volume 653, Page 216 of the Lamar County Deed Records (L.C.D.R.), said 72.86 acre tract
of ]and is more particularly described by metes and bounds as follows (all bearings cited herein are based on
the Texas Coordinate System);
BEGINNING at a 3/8-inch iron rod found in the south right-of-way line.of Jefferson Road/Farm Road 1507
(80' wide per Vol. 315, Pgs. 592 & 596 and Vol. 316, Pgs. 289 & 290, L.C.D.R.), in the west boundary line of
the residue of thai certain tratt of land described in deed dated August, 15, 1952, to Paris Junior College
District, recorded in Vol. 334, Pg. 288, L.C.D.R., for the most northerly northeast corner of the herein
described tract;
THENCE South 01 deg. 13 min. 02 sec. East, along the west boundary line of said Paris Junior
College District residue tract, a distance of 937.01 feet to a 3/8-incb iron rod found for the southwest
comer of said Paris Junior College District residue tract;
2.) TNENCE North 88 deg. 40 min. 00 sec. East, along the south boundary line of said Paris Junior
College District residue tract, a distance of 1235.91 feet to a 1/2-inch iron rod with cap set in the west
boundary line of the residue of that certain tract of land described in deed dated February 1, 1959, to
Regents of Paris Junior College Dis#rict, recorded in Vol. 356, Pg. 488, L.C.D.R. for the southeast
comer of said Paris Junior College Disirict residue tract;
3.) TI-IENCE South 00 deg. 06 min. 13 sec. West, along the west boundary line of said Regents of Paris
Junior College District residue tract, a distance of 234.18 feet to a I/2-inch iron rod with cap set in the
north right-of-way line of Loop Hwy. 286 (200' wide per Vol. 406, Pg. 345, L.C.D.R.), from which a
braken concrete monument found in the north right-of-way line of Loop Hwy. 286 bears North 81
deg. 39 min. 32 sec. East, a distance of 72733 feet, and a found 1/2-inch iron rod with cap bears
. South 00 deg. 06 min. ] 3 sec. West, a distance of 0.65 feet;
4.} THENCE along the north right-of-way line of Loop Hwy. 286 as follows: South 81 deg. 39 min. 32
sec. West, a distance of 656.43 feet to a broken concrete monument found for the beginning of a curve
to the right; with said curve to the right having a radius of 11,32220 feet, a central angle of 06 deg. 12
min. 49 sec., an arc length of 1227.86 feet, and a chord that bears South 84 deg. 45 min. 20 sec. West,
a distance of 1227.25 feet to a broken concrete rnonument found for the end of said curve; South 87
deg. 54 min. 33 sec. West (Vol. 653, Pg. 216 deed bearing = South 89 deg. min. West), a distance
of 918.98 feet to a found broken concrete monument; North 47 deg. 06 min. 15 sec. West, a distance
of 141.52 feet to a found broken concrete monument; South 87 deg. 50 min. 33 sec. West, at a
distance of 17.40 feet passing a 1/2-inch iron rod with cap set in the occupied east.right-of-way line of
South Collegiate Drive as described in Vol. 653, Pg. 216, L.C.D.R., and continuing a tota] distance of
50.18 feei to a nail set in asphalt in South Collegiate Drive, the west boundary line of said Joseph
Leach Survey, and the east boundary line of the S. B. Warren Survey, Abstract No. 1049 for the
southeast corner of that certain tract of land described in deed dated February 6, 2006, to Jack D.
Besteman, et ux, recorded in Vol. 1716, Pg. 253 of the Lamar County Official Public Records
(L.C.O.P.R.), from which a found broken concrete monument bears South 87 deg. 50 min. 33 sec,
West, a distance of 50.18 feet;
Page ] of 3
1015 South Collegiate Drive • Paris, Texas 75460 • Tel: 903-784-1454 • Fax: 903-784-1452
FXHIBIT g
054097-2007 11 /01 /2007 01:4339 PM Page 5 of 5
5.) TI-IENCE North 02 deg. 46 min. 70 sec. West, along South Collegiate Drive, the west boundary line
of said Joseph Leach Survey, and the east boundary line of said S. B. Warren Survey, and said
Besteman tract, passing the northeast corner of said S. B. Warren Survey and the south boundary line
of said George W. Cox Survey, passing the most easterly northeast corner of said Besteman traci and-.
the southeast corner of that certain tract of land described in deed dated July 15, 2403, to M. Kelsey
Gibbs, recorded in Vol. 1347, Pg. 107. L.C.O.P.R., and continuing along South Collegiate Drive and
the east boundary line of said Gibbs tract a tota] distance of 2049.30 feet to a nail set in asphalt in the
south right-of-way line of Jefferson Road/Farm Road 1507, from which a broken concrete monument
found for an angle point in the south boundary line of Jefferson Road/Farm Road 1507 bears Norkh 57
deg. 09 min. 58 sec. West, a distance of 47.00 feet;
6.} THENCE along the south right-of-way line of Jefferson Road/Farm Road I507 as follows: South 57
deg. 09 min. 58 sec. East, at e distance of 37.14 feet passing a 112-inch iron rod with cap set in the
occupied south right-of-way line of South Collegiate Drive as described .in Vol. 653, Pg. 216,
L.C.D.R., from which a found 3/8-inch iron rod bears South 04 deg. 16 min. 17 sec. West, a distance
of 0.95 feet, at a distance of 330.10 feet passing a found broken concrete monwnent, and continuing a
total distance of 897.12 feei to a broken concrete monument found for the begizming of a curve to the
left; with said curve to the left having a radius of 1677.28 feet, a ceniral angle of 30 deg. 53 min. 46
sec., an arc ]ength of 904.45 feet, and a chord that bears South 72 deg. 41 min. 41 see. Bast, a distance
of 893.54 feet to a broken concrete monument found for the end of said curve; South 88 deg. 06 min.
17 sec. East, a distance of 180.95 feet to the POINT OF BEGINMNG and containing 72.86 acres of
land, of which 1.06 acres; ltre, vvi#hin th.e.occupied right of-way of South Collegiate Drive as described
in Vol. 653, Pg. 216, I,:C,,"D.~'(.".-._-. .
I, Dennis E. Chalaire, certify that the above ptoperty de'scription and the accompanying piat dated September
1 2007, represent a survey made on the ground pder my supervision.
Date September 1 t, 2007 . ~r ,tF
~rX4o~s
Dennis E. Chalaire, R.P.L.S. No. 5469.. y o~rN
, . , . ' . - • . DENHIS E CHAlA1RE
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Page 2 of 3
1015 South Collegiate Drive • Paris, Texas 75460 • Tel: 903-7$4-1454 • Fax: 903-784-1452
054097-2007 11 /01 /2007 01:43:39 PM Page 3 of 5
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M E M 0 R A
N D U M
TO: Chairman and Members of the Planning and Zoning Commission
Honorable Mayor and Members of the City Council
FROM: Lisa A. Wright, Director of Community Development
SUSJECT: Zoning Change Requests
DATE: January 22, 2008
The following zoning change request will be presented at the February 4, 2008, meeting of
the Planning and Zoning Commission and the February 11, 2008, meeting of the City Council of
the City of Paris for consideration:
1. Paris Independent School District is requesting that the property located on Lot l, City Block
351, being number 2255 S. Collegiate Drive, be rezoned from an Agricultural District (A)
to a Public Lands and Institution District (PLI). The Comprehensive Plan recommends that
this property be zoned Office/Institutional.
cc: City Attorney's Office
CITY OF PARIS
COMMUNITY DEVELOPMENT-DEPARTMENT
P. O. Box 9037 ■ paris, Texas 75461 ■ 903-784-9234
APPLICATION FOR ZONING CHANGE For otfce ouse only Request Numbe...~~_p
\I
Date Rcvd: l~ Mtg Date:
TYPE OF ACTION REQUESTED: Xzoning Change ❑ Specific Use Permit ❑ Planned Development
PROPERTY INFORMATION:
Address: 2255 .Sc~u+tf Colle_qico~
Name of 8usiness or Building (if applicable): 'Proposed A, W"-Pav(`5 fi'+G k Sc~oc)j
Lot Block 35p Subdivision G4y Q-~ S• ~
Current Zoning: A~7tri uj~av.e l,'/+)i
Proosed Zonin ~
P g:. Pu ~ic. t-ctinc,~s 7✓I5` ~"~"a"hc7qS (PLI)
What is the proposed use of the property? Pi,t61f C_ 5c6f 6c..l,l `'tAt tinS -4
a z~ ~ic c( r es cvmc~ k'
~ V►~ ~
Describe the character and/or nature of uses of surrounding property. V_ ;prl~,p,e,r+y •h,j -j-(~p~$~}- 'i5 0~c1 eci
\ t~l ~
CINc~ i S c~a a. tompatible !iththe c Will the re-zoned designation~uln~bclassification and use of adjoining lands . Ye 1 No ~ I
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~
ff No, why are you requesting a change in the permitting uses? 7ke
WCeS ~n ~ dY" Ct I S 40 til ~
SG (~~0C ~ ~ .
~ C: ~~1 r N o A
OWNER/APPLICANT INFORMATION: (I1 you are not the owner, a permission letter from the owner is required. lf you are purchasfng ihe property, a copy of
fhe contracf may be used.in lieu ofa permission lefter ONLYIf the contracf provides that the purchase is confingent upon ihe applicani successfully obfaining a zonfng
change.J
Applicant's Name: :n Wj 5
ApplicanYs Address: f S Sr~ t,i~t n~•~Pe 1,7t~ i~ Phone: 20 3- 79 1 -(Y ,S Y
Property Owner's Name: rxe,i^5 ~z-&pd
PropertyOwner'sAddress:_ lgZD Sh„&+ : Ra-"i5, -T?< Phone: 903-737-7q79
■~~~~~~~r~~~~~r~~~~~~~~~~~~~~~r~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~R~~~~~~~~~~~~~~~r~~~~~~~~~■
REQUIRED SUBMITTALS (check those items which are included):
Completed application signed by the owner/applicant lf Planned Development requested, inctude also:
' Copy of a deed with metes and bounds ❑ Four (4) copies of a preliminary site plan
)kPermission letter from owner
O Copy of contract to purchase the property
I 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 Federal Laws will be complied with, whether herein specified or not. I certify that I am the owner of the above property or his
duly aut rized agent.
- ~ ~.~i1leC~
Signed: Address: I D I.~ ~'cL~iS ~
Print Name: _DE►/utS CtFtEt~t t RE , n Phone Number: G 3•-7
~t~sy r
Date: 9/2noR ~AN ' Fax Number: ')63•- 7s~ 4-. i 45 r_
IBED B~b'L'~t~~i~kM~~ day o~ , 20 6~
NOTARY PUBLIC Ci4~l
= STATE OF TEXAS
~K!.y COmmission Expires 01-26-2011
N~ Public, State of Texas
Gn ~n•
January 9, 2008
The City of Paris
Community Development Department
Attn: Lisa Wright, Director of Community Development
P.O. Box 9037
Paris, Texas 75461
Ms. Wright,
Dennis Chalaire is hereby granted the authority to act on behalf of Paris Independent School
District in the matter of a request for a change of zoning (from Ag to PLI) of that certain tract of
land described in deed to PISD, recorded as Document Number 054097-2007 of the Lamar
County Official Public Records.
Tha.nk you,
Mark Hudson
Deputy Superintendent
Paris Independent School District
054097-2007 Pages; 5 WD
11/01/2007 01:43:39 PM By: gretchenb
Lamar County, TX
IIIII~ rIIIIIIIIIIIIII~IIII1IIIIIIIIIIIUII~IIIIIIIIIIIIIN
WARRANTY DEED~
Date: i , 2007
Grantors: James L. Clifford
Geraldine T. Clifford
5295 Clarksville Street
Paris, Texas 75462
Grantee: Paris Independent School District
1920 CIazksville Street
Paris, Texas 75460-6200
Consideration:
Two Hundred, fifty-one thousand, ninety-seven dollars ($251,097.00) and other good and
valuable consideration, to be paid in cash with moneys from the available funds of Paris
Independent School District, and in compliance with Paris Independent School District Policy
CHG (LEGAL).
Property (inctuding improvements):
CITY OF PARIS, BLOCK 350, LOT 1 ACRES 71.742, County of Lamar, State of Texas, and as
further shown on Volume 653, Page 218, and Volume 653, Page 219 of the County of Lamar,
TexaspropertyreCOrds, being more fully described on Exhibit"A" attached hereto.
Reservations from and Exceptions to Conveyance and Warranty:
This conveyance is subject to al] valid easements, restrictions and right-of-way, if any, against
the Property.
Exceptions to Conveyance awd Warranty:
Not applicable
Grantor, for the Consideration and subject to the Reservations from Conveyance and the
Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property,
together with all and singular the rights and appurtenances thereto in any way belonging, to have
and to hold it to Grantee and Grantee's heirs, sUCCessors, and assigns forever. Grantor binds
Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the
Property to Grantee and Grantee's heirs, successors, and assigns against every person
whomsoever lawfully claiming or to claim the same or any part thereof, except as tfl the
Reservations from Conveyance and the Exceptions to Conveyance and Warranty.
054097-2007 11/01/2007 01:43:39 PM Page 2 of 5
GRANTORS:
MES CLIFFORD
~ o` - r ~
GERALDINE CLIFFORD
THE STATE OF TEXAS §
§
COUNTY OF LAMAR §
This before me on 2007, by James
Clifford.;: tJotary Public ;
o:u~"~=~'~tr= SrAi E UF 7'E;<A5 ~
My Gornrnis5+0n ?
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Notary Public, State of Texas
THE STATE OF TEXAS §
§
COUNTY OF LAMAR §
~
This instrument was acknowledged before me on 2007, by Geraldine
Clifford.
a.:oooaon~,ane,rooao..: KATHLEEN C4KER 4
°o''•r' r`~'"'• NoCBiy Pub11C a
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STATE OF TEXA5 3
!~~'S; My Commission d Notary Public, State ofTexas
Fxpires 03I04/2009u
pYVV4iJ9VP9?['3a+~~~GJ94.•~'riOGOLL4tl464'.V+•.
Prepared in the Offices of:
Schwartz & Eicheibaum, P.C.
Attn: Mark R. Benavides
4201 W. Parmer Lane, Ste A100
Austin, Texas 78701
Tel: (512) 476-9944
Fax: (512) 472-2599 11 ~ ~ ( ~ ~ ' ~~~r l S
1 S-i-Y~e+
WARRANTY DEED Page 2 of 2
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