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15 Conduct a public hearing to consider the petition of the PEDC and move to approve an ord. amening Ord. # 1710CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 8/5/08 Community Lisa A. Wright, Director Council Date: Development 15. 8/11/08 RECOMMENDED MOTION: Conduct a public hearing to consider the petition of the Paris Economic Development Corporation and move to approve an ordinance amending Zoning Ordinance No. 1710 to change zoning from a One Family Dwelling District No. 2(SF-2) to a Light Industrial District (LI) on Lot 5, City Block 305, being number 2110 Campbell Street. POLICY ISSUE(S): Zoning BACKGROUND: The Paris Economic Development Corporation has requested a zoning change for the purpose of providing additional land and access/exits points for the Paris Industrial Park. The Comprehensive Plan recommends that this property be zoned Low Density Residential; therefore, approval of this request would require an amendment to the Comprehensive Land Use Map (which is on the agenda prior to consideration of this item). BOARD/COMMISSION RECOMMENDATION: The Commission recommended approval of the zoning change request by a vote of 5-0 for all of the property except 150' which fronts along W. Campbell Street. The Commission expressed a desire to provide a buffer zone for residences already located along the street. EXHIBITS: Ordinance; location aerial, Industrial Park map and photographs ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation Z Ordinance y'r'D Actual $ Z Public Hearing ❑ Other Acct. Name Acct. Number FiscAL NoTES: REVIEWED AND APPROVED BY: Z Administration Z City Clerk Z Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Library ❑ Police ❑ Eng./Public Wotks ❑ Urilities City of Paris Revised 2/04/08 w 000174 DRAFT F:attorney\ordwork\current\08-11-08 Zoning Ords August 6, 2008 ORDINANCE NO. 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 5, CITY BLOCK 305, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A ONE-FAMILY DWELLING DISTRICT NO. 2(SF-2) TO A LIGHT INDUSTRIAL DISTRICT (LI) 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, A1VD AN EFFECTIVE DATE. WHEREAS, the Planning & Zoning Commission received an application to amend City Ordinance No. 1710, the zoning ordinance, to rezone LOT 5, CITY BLOCK 305 from a ONE- FAMILY DWELLING DISTRICT N0. 2(SF-2) to a LIGHT INDUSTRIAL DISTRICT (LI); and, WHEREAS, on August 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 August 11, 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 5, CITY BLOCK 305, City of Paris, Lamar County, Texas, from ONE-FAMILY DWELLING DISTRICT N0. 2(SF-2) to LIGHT INDUSTRIAL DISTRICT (LI), said property being more particularly described in Exhibit A attached hereto and made a part hereof SAVE AND EXCEPT A 150' STRIP OF LAND RUNNING PARALEL TO CAMPBELL STREET which shall remain Single-Family Dwelling District 2 (SF2). 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. • 000175 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 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 B. 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 11th day of August, 2008. Jesse James Freelen, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney - 000176 058803-2008 Pages: 6 WD 04/23/2008 10:49:11 RM By: gretehenb Lamar County, TX Kath Mri rlowe - County Cierk 111111111111 IIII Illhll IIIIII 111111111111111111111111111111111111 IIII NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECtiRITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. WARRANTY DEED THE STATE OF TEXAS ) N ✓q ""5_ ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR ) THAT WE, BEN D. F'ABER, a single man, JEFFREY L. FABER, and SARAH M. FABER, f/k/a Sarah M. Funderburg (herein called "grantors"), all of the County of Lamar, State of Texas, the owners in our respective separate rights and estate of the within described property, for and in considei-ation of the sum of Ten ($10.00) and more Dollars cash to us in hand paid by PARIS ECONOMIC DEVELOPMENT CORPORATION, receipt of which in full is hereby acknowledged; have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto PARIS ECONOMIC DEVELOPMENT CORPORATION, A Texas Non-Profit Corporation (herein called "grantee"), of the County of l.amar, State of Texas, where its mailing address is 1125 Bonham Street, Paris, Texas 75460, all that certain tract or parcel of land in Lamar County, Texas described as follows; Subject 1'o the right-of-way deed fi-om P. D. Jeffi•ies to the State of Texas, dated February 21, 1944, of record in Book 272, Page 114, Lamar County Deed Records: A tract of 23.06 acres of land in the John Herrington Survey, Abst. No. 436, within the corporate limits of the City of Paris, being part of Lot Five (5) in City Block No. 305, and being the residue of the propei-ty described in deeds of record in Book 1044, Page 138, and in Book 1320, Page 316, Lamar County Real Property Records; more fully described in Exhibit "A" attached hereto and made a part hereof for all necessary puiposes; Yrovided: There is excepted and reserved by and unto grantors herein, their heirs and assigns forever, ALL of the oil, gas and other minerals presently owned by them, in, under and that may be produced from the within described property; together with the right of ingress, egress and regress at all reasonable times for the purpose of exploiing and drilling for, producing and transporiing the same. EXHIBIT g ~ 00[)177 TO HAVE AND TO HOLD the within described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the PARIS ECONOMIC DEVELOPMENT CORPORATION, A Texas Non-Profit Corporation, its successors or assigns forever, and grantors hereby bind themselves, their heirs, executors, administrators, personal representatives, successors and assigns, to Warrant and Forever Defend, all and singular the said premises unto the PARIS ECONOMIC DEVELOPMENT CORPORATION, A Texas Non-Profit Corporation, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. WITNESS our hands this 21 sth day of April, 2008. - =i BE . FABER THE STATE OF TEXAS ) ) COUNTY OF LAMAR ) THIS instrument was acknowledged before me on the of April, 2008, by BEN D. FABER. gs...ee<.°ee..adeee,eeeseeveee>.ese.,.eea o 'af'n : ~ a =o a;; Andrea K. Briscae ° ~ g = a • ~ Notary Public ° A; ~ S7ATE OF TEXAS $ o'•'~o~~~' R My Comm. Exp.11/06//2010 s ee...seeoe„ aeooe.,ooo..e.a.eee„e..,9~ THE STATE OF TEXAS ) ) ' Notary Public, State of TeYas 6X12 17 dZZ 44 a - 1~1 COUNTY OF LAMAR ) THIS instrument was acknowledged before me on the _~/_5day of April, 2008, by JEFFREY L. FABER. A .°oeeeeee,ee.°ao.e...aee.eee. ~ ///rlG~/Z~Lf l~ . O~rC.f/✓[.(,~~~ Andrea K. Briscoe " g;~:~~•:~ Notary Public ~ Notary Public, State of Texas g=,~~,,,. STATE OF TEXAS ^ 000178 ••'~o~,,;~'' My Comm. Exp.11/06//2Q10 : SARAH M. FABER f/{Ja Sarah M. Funderburg THE STATE OF TEXAS COUNTY OF LAMAR THIS instrument was acknowledged before me on the 0 ~lday of April, 2008, by SARAI-~ M. FABER, f/k/a Sarah M. Funderburg. geeoneooeeoooooeeosoeneoeooeooeeenoena Andrea K Bri o A; ~ . scoe Notary Public o . STA7E OF TEXAS ~ * ° My Comm. Exp,11/06//2010 s oaeoeeoeoooe cooaqo.~cooosooaoeoceooao~ ~ Nxdvw~ Notary Public, State of Texas AFTER RECORDING RETURN TO: Paris Economic Development Corp. 1125 Bonham Street Paris, Texas 75460 PREPARED IN THE LAW OFFICE OF: A. W. Clem, Attorney c/o The Moore Law Firm, L.L.P. 100 N. Main St., Paris, TX 75460-4222 M 000179 C CHALAIRE SURVEYING, INC. I BOUNDARY • TOPOGRAPHY • CONSTRUCTION S . Field Notes 23.06 Acres of Land in the John Herrington Survey, Abstract Number 436 In the City of Paris, Lamar County, Texas Being a 23.06 acre tract of land in the John Herrington Survey, Abstract No. 436, in the City of Paris, Lamar County, Texas; being part of City of Paris Lot 5, Block 305; and being the residue of that certain called 2437 acre tract of land described in deed dated January 29, 2001, to Ben D. Faber and Prentice D. Faber, recorded in Volume 1044, Page 138 of the Lamar County Real Property Records (L.C.R.P.R.) and in deed dated April 30, 2003, from Prentice Damon Faber to Jeffrey L. Faber and Sarah M. Faber, recorded in Vol. 1320, Pg. 316, L.C.R.P.R., said 23.06 acre tract of land is more particularly described by metes and bounds as follows (all bearings cited herein are based on North 00 degrees 11 minutes 00 seconds East along the west boundary ]ine of the herein described tract per Vol. 1320, Pg. 316, L.C.R.P.R.): BEGINNING at a 3/8-inch iron rod found in the west right-of-way line of 190' Street NW and Farm Road 79 (80' wide per Vol. 272, Pg. 114 of the Lamar County Deed Records [L.C.D.R.]) for the southeast corner of that certain tract of land described in deed dated August 20, 1992, to Family Worship Center of Paris, Inc., recorded in Vol. 305, Pg. 165, I.,.C.R.P.R., and the northeast corner of the herein described tract; I.) THENCE along the west right-of-way line of 19'h Street NW and Farm Road 79 as follows: South 06 deg. 39 min. 19 sec. East, a distance of 199.13 feet to a 1/2-inch iron rod with cap set for the beginning of a non-tangent curve to the right, from which a broken TxDOT Type I concrete monument found in the east right-of-way line of l9th Street NW and Farm Road 79 bears North 83 deg. OS min. 54 sec. East, a distance of 80.00 feet; with said non-tangent curve to the right having a radius of 2824.93 feet, a central angle of 7 deg. 46 min. 44 sec., an arc length of 383.54 feet, and a chord that bears South 03 deg. 00 min. 44 sec. East, a distance of 383.24 feet to a 3/8-inch iron rod found for the northeast corner of that certain called 131 acre tract of land described in deed dated January 24, 1992, to Lakeway Baptist Church, recorded in Vol. 261, Pg. 289, L.C.R.P.R. 2.) THENCE along the north and west boundary lines, respectively, of said Lakeway Baptist Church called 1.31 acre tract as follows: North 88 deg. 56 min. 34 sec. West, a distance of 438.13 feet to a 3/8-inch iron rod found for the northwest corner of said Lakeway Baptist Church called 1.31 acre tract; South 01 deg. 07 min. 26 sec. West, a distance of 130.00 feet to a 1/2-inch iron rod with cap set for the southwest corner of said Lakeway Baptist Church called 1.31 acre tract and the northwest corner of that certain called 0.445 acre tract of land described in deed dated December 4, 1987, to Lakeway Baptist Church, recorded in Vol. 716, Pg. 203, L.C.D.R.; 3.) THENCE South Ol deg. 10 min. 50 sec. West, along the west boundary line of said Lakeway Baptist Church called 0.445 acre tract, passing the southwest corner of said Lakeway Baptist Church tract and the northwest corner of that certain tract of land described in deed dated July, 1978, to Gale Seiferman, recorded in Vol. 604, Pg. 141, L.C.D.R., and continuing along the west boundary line of sa.id Seiferman tract, a total distance of 233.62 feet to a 3/8-inch iron rod found in the monumented north right-of-way line of Campbell Street (width varies per the City of Paris; no dedication found); EXHIBIT "A" Page I of 3 1015 South Collegiate Drive • Paris, Texas 75460 • Tel 903.784.1454 • Fax 903.784.1452 - U[10180 4.) THENCE North 88 deg. 23 min. 39 sec. West, along the monumented north right-of-way line of Campbell Street, a distance of 806.25 feet (Vol. 1320, Pg. 316, L.C.R.P.R. deed ca1179530 feet) to a 3/8-inch iron rod found for the southeast corner of that certain tract of land described in deed dated August 22, 1991, to Mack E. Russell, et ux, recorded in Vol. 235, Pg. 43, L.C.R.P.R.; 5.) THENCE North 00 deg. 11 min. 00 sec. East, along the east boundary line of said Rusell tract, a distance of 931.71 feet to a 3/8-inch iron rod found for the southwest corner of said Family Worship Center of Paris, Inc. tract; 6.) THENCE South 89 deg. 07 min. 40 sec. East, along the south boundary line of said Family Worship Center of Paris, Inc. tract, a distance of 1205.30 feet to the POINT OF BEGINNING and containing 23.06 acres of land. I, Dennis E. Chalaire, certify that the above property description and the accompanying plat dated Apri19, 08, represent a survey made on the ground under my supervision. ~ ~ " Date Apri19, 2008 . Dennis E. Chalaire, R.P.L.S. No. 5469 n(D6ENNNW9'1FKC"'H" ,_rF File: 8025Faber q~,,~. °`N • liALliliiE 9 Q ~°~''61 Page 2 of 3 1015 South Collegiate Drive • Paris, Texas 75460 • Te1903.784.1454 • Fax 903.784.1452 T 00[)181. N N- VJ N tn OO ? 'L7 v3aa 0 -E 's a° 3 L) cq a 3 ~j x oV N ~ „a0U W ~ ~ ~ U O I ~ in ~.~~~a -y, om O_ O Y co I a au'0 za°o z~ t m x U U I a ~ ET Nw =r FARM ROAD 79119TH STRE ~ 06'39'19°E C~ ~ ~ U ~i ~O ? <a CJ , 4 OJC 10 ~ ~ ~ NOQ ~ 21 ~M ~ J O ~ a ~ ~ o Q ;z ~ E a' a U oV o mc~ W~o iO 'Q w U a~ Cry 00 ZS > d ~ ~ °ooN ~ 5~ o~v > a N 0 oo" N ~''oUv~N o ~ y p,Z y U C ~ tyd 6~ C G. > ,~p ~ O ~ tye U c a~ c ~ E a4, ,c w Q E ~ u U h U o~ ~ o 00 o ai 5 199.13~ 0 a O t~ 'Wlui(q ~''•.,.+~d, : Z : PQ;O•:O -le 6.~S.o~•~.P~ 'M d = ~U J 00 Q M ia c OC~ 0,3 3 n' ma ~ VIN ~ WN V V J o Z ~ Vg ~o°F z'`N ~ F'" E-A W~ ~ v~ `¢a A ww00~ ~ x ~ U W U w' E.W., ~x n ~ w xAaIr. „'Qu~E-' ~ o wW0.W1a~ 0.~ ,w Go W~u^x~ L/)°~ Q~~w U w a a 0 O4 w M.a a Cj c` cn dQ ~ `na o F►a°Z3a'~ 0 op.a°~ N ^O .a a n ~U~o~ > ,r ~ ni a z S 01'10'50"W / 233.62' 30 i n M ~ ci u r a ~ W a o FN w m Q U. N - 7~ < O O p J ~ ~j ~ Jr•) c maV ~ O M N O Ur~iN ~~N Q ;n lAn ao F - W.N a N~n x cv cn az ^'lad Ni a o~pU ~5~~ JNQ ' N ~LLi . 3f0 °o w ? iDa xa~ rn\ ZJ m~ xm oQ NO ~N MO fVwNj a W LL) ;p- ~ a a. E °D Z Q' Y1 ~ M U ~ ~ CL , LL' lC6 3„00, l 1.00 N V ~ss~ 'az •~nv ~ 21'21'0"1 Cti '9d S£Z 'lOA Xfl 13 '113SSfk1 '3 NOd14 . 000182 3 O K c z" J ` 2+~ Na~ ao~ U' t0 ~ C 0 w ~ .s H ~ 3~ u y ° °a w ~y u Q a •c 7 ~ v wz LLi ~ J ~ OJ F ~ 0 d' O 0 N 0 ~ 0 N N w O N N J Z D co ~ Ih 0 z ~ I • CITY OF PARIS COMMUNITY DEVELOPMENT DEPARTMENT P. 0. Box 9037 • Paris, Texas 75461 ■ 903-784-9234 APPLICATION FOR ZONING CHANGE For Office Use On/y Request NumbetkcP-oA Date Rcvd `~1 ~ Mtg Date: ~ 1 a1 ds~ TYPE OF ACTION REQUESTED: 0 Zoning Change PROPERTY INFORMATION: 0 Specific Use Permit ❑ Planned Development Address: 2110 Cam bell Street Name of Business or Building (if applicable): Lot 5 Block 305 Subdivision Citv of Paris Current Zoning: One-Familv Dwellina District No. 2(SF-2) Proposed Zoning: Liaht Industrial District (LI) What is the proposed use of the property?Industrial Develoament and Industrv Recruitment throu4h the Paris Econ. Dev. Com. Describe the character and/or nature of uses of surrounding property. Liaht Industrial (LI)• General Retail District (GR): One-Familv Dwellina District No 2(SF 2) and One Familv Dwellinq District No 3(SF-3) Will the re-zoned designation be compatible with the classification and use of adjoining lands Ye / No If No, how do you propose to reduce any adverse impact? Is the tract unsuitable for uses permitted under the present zoning classification. Ye / No If No, why are you requesting a change in the permitting uses? OWNER/APPLIGANT INFORMATION: (If you are not the owner, a permission letter Irom the owner is required. !f you are purchasing the property, a copy oi the contrac[ may be used in lieu of a permission letter ONLY IF the contract provides that fhe purchase is contingent upon [he applicant success/ulfy obtarning a zoning change.) ApplicanYs Name: Paris Economic Develo ment Cor oration ApplicanYs Address: 1125 Bonham Paris Texas 75460 Phone: 903-784-2501 PropeRy Owner's Name: Same as above Property Owner's Address: Phone: REQUIRED SUBMITTALS (check those items which are included): 0 Completed apptication signed by the owner/applicant If Planned Development requested, include also: 0 Copy of a deed with metes and bounds ❑ Four (4) copies of a preliminary site plan ❑ Permission letter from owner ❑ 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/rvill be complied with, whether herein specified or not. I certify that I am the owner of the above property or his Ve duly authorizpQ c r Signed: f Address: 1125 Bonham St. Paris Texas 75460 Print Nam Pete Ka &fe ecutive Director PEDC Phone Number:903-784-2501 Date:Mav 2 2008 Fax Number: 903-784-2503 SWORN TO AND SUBSCRIBED BEFORE ME this 2nd day of Mav, 2008. r ~~~~ived Notary Public, State of Texas ~*o**wt*as*e~f*a*►:~t~+**~fr****e*r*t~ 12/06 .,Shannon N. Barrentine ~ FILED: ,UG$ Notary Public 4 :t~•~;it: STATE OF TEXAS : . C' of Paris My Commission ~ , « ~ ~11 g 3 Expires 09 c /25/2011 : ass~►►f~f+s;s;sat+sss~saassFSS~fsrs~~ ~ GE~►~ M E M O 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 SUBJECT: Zoning Change Request - Paris Economic Development Corporation 2110 W. Campbell Street DATE: June 2, 2008 The following zoning change request will be presented at the June 2, 2008, meeting of the Planning and Zoning Commission and the June 9, 2008, meeting of the City Council of the City of Paris for consideration: Paris Economic Development Corporation is requesting that the property located on Lot 5, City Block 305, being number 2110 Campbell Street, be rezoned from a One Family Dwelling District No. 2(SF-2) to a Light Industrial District (LI). The Comprehensive Plan recommends that this property be zoned Low Density Residential. Approval of this request would require an amendment to the Comprehensive Land Use Map. cc: City Attorney's Office - 0(1 11.l_ R 5 - ()00186 ~ ~ ~ cP jt~ * T; e - v- "i ~ r ~`^m ~~.i►. e , y r~~ # s