2008-024-ORD-AMENDING ZONESORDINANCE NO. 2008 -024
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 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, AND 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 NO.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
NO. 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.
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 S. 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 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 11th day of August, 2008.
se Jaryfes Freelen, Mayor
ATTEST:
urn
ice Ellis, City Clerk
APPROVED AS TO FORM:
058803 -2008 Pages: 6 WD
04/23/2008 10:49:11 AM By: gretehenb
Lamar County, TX
Kath Marlowe - County Clerk
IIIIIIIhil 11111111111111 11a 11111111 Ilu 11111111111111111111111
1
NOTICE OF CONFIDENTTIALITY 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
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
WARRANTY DEED
THE STATE OF TEXAS ) N ✓ q b 5_
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR )
THAT WE, BEN D. FABER, 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 consideration 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 Lamar, 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 To the right -of -way deed from P. D. Jeffries 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
property 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 purposes;
Provided: 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 exploring and drilling for, producing and transporting the same.
EXHIBIT A-
-
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 )
SARAH M. FABER
f /k/a Sarah M. Funderburg
THIS instrument was acknowledged before me on the x__ of April, 2008, by BEN D.
FABER. i
Andrea K. Briscoe °
.�; Notary Public
STATE OF TEXAS Notary Public, State of Texas
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THE STATE OF TEXAS )
COUNTY OF LAMAR )
THIS instrument was acknowledged before me on the c day of April, 2008, by JEFFREY
L. FABER.
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I . gktk •f * Andrea K. Briscoe °
S _' a Notary Public Notary Public, State of Texas
STATE OF TEXAS
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THE STATE OF TEXAS
COUNTY OF LAMAR
THIS instrument was acknowledged before me on the 2 day of April, 2008, by SARAH M.
FABER, f /k/a Sarah M. Funderburg.
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g ®Andrea K. Briscoe Notary Public, State of Texas
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STATE OF TEXAS '
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AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF:
Paris Economic Development Corp. A. W. Clem, Attorney
1125 Bonham Street c/o The Moore Law Firm, L.L.P.
Paris, Texas 75460 100 N. Main St., Paris, TX 75460 -4222
C CHALAIRE SURVEYING, INC.
S BOUNDARY • TOPOGRAPHY • CONSTRUCTION
I
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 24.37 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 1I minutes 00
seconds East along the west boundary line 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 19'h 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, L.C.R.P.R., and the northeast corner of the herein described
tract;
l.) THENCE along the west right -of -way line of 19a' 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 19th Street NW and Farm Road 79 bears
North 83 deg. 05 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 1.31 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 01 deg. 10 min. 50 sec. West, along the west boundary line of said Lakeway
Baptist Church called 0.445 acre tract, passing the southwest comer 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 said 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"
Pagel of 3
1015 South Collegiate Drive • Paris, Texas 75460 • Tel 903.784.1454 • Fax 903.784.1452
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 call 795.30 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.
1, Dennis E. Chalaire, certify that the above property description and the accompanying plat dated April 9,
08, represent a survey made on the ground under my supervision.
Date April 9, 2008
Dennis E. Chalaire, R.P.L.S. No. 5469 . o F
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File: 802517aber
.
DENMIS E CHA_ LARE
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Page 2 of 3
1015 South Collegiate Drive • Paris, Texas 75460 • Tel 903.784.1454 • Fax 903.784.1452
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CITY OF PARIS
COMMUNITY DEVELOPMENT DEPARTMENT
P. 0. Box 9037 ■ Paris, Texas 75461 ■ 903 - 784 -9234
APPLICATION FOR ZONING CHANGE
TYPE OF ACTION REQUESTED: 2 Zoning Change
PROPERTY INFORMATION:
Address: 2110 Campbell Street
Name of Business or Building (if applicable):
Lot 5 Block 305 Subdivision City of Paris
For Office Use Only Request NumbeA� 1
1a U.k d
Date Rcvd: `�1 t . Mtg Date:
❑ Specific Use Permit ❑ Planned Development
Current Zoning: One - Family Dwelling District No. 2 (SF -2) Proposed Zoning: Light Industrial District (LI)
What is the proposed use of the property? Industrial Development and Industry Recruitment through the Paris Econ. Dev. Corp.
Describe the character and /or nature of uses of surrounding property. Light Industrial 107 General Retail District (GR): One - Family
Dwelling District No 2 (SF 2) and One Family Dwelling 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/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 ONLY IF the contract provides that the purchase is contingent upon the applicant successfully obtaining a zoning
change.)
Applicant's Name: Paris Economic Development Corporation
Applicant's Address: 1125 Bonham Paris Texas 75460 Phone: 903- 784 -2501
Property Owner's Name: Same as above
Property Owner's Address: Phone:
......................................................................... ............................... a ... ........................
REQUIRED SUBMITTALS (check those items which are included):
• Completed application signed by the owner /applicant If Planned Development requested, include also:
• 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 ill be complied with, whether herein specified or not. I certify that I am the owner of the above property or his
duly authoriz 4 e
Signed: Address: 1125 Bonham St. , Paris Texas 75460
Print Nam .Pete Kei&feltkecutive Director PEDC Phone Number:903 -784 -2501
Date:May 2 2008 1 V Fax Number: 903 - 784 -2503
SWORN TO AND SUBSCRIBED BEFORE ME this 2nd day of May, 2008.
Received Notary Public, State of Texas
4Ae* et.oera� :eetn +�t•ta *.t,. * *e *t•t 12/06
FILED: $ ,.,,,,.,
.•�,AYP` -- .Shannon N. Barrentlne �
uu8 •'e4� Notary Public
?�r•';,�= STATE OF TEXAS
,ojq�,= My Commission
Cif of Paris Expires 09/25/2011 .
City Clef
City °aae4es• Boa ♦sa *4sat�sws�+Fa��ssss�F••ss�
MEMORANDUM
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:
1. 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