02-E&F Zoning FM 1508
DRAFT
F:ALICE\ORDWORK\CURRENT\ 3-14--05 Zoning Ords
March 9, 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 GENERAL RETAIL DISTRICT (GR) ON A ONE (1) ACRE TRACT
WHICH IS A PART OF THE JOHN SKIDMORE SURVEY, ABSTRACT NO.
889, ON PROPERTY BELONGING TO CODY WOODARD, SO AS TO
INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS AN
AGRICUL TURAL DISTRICT (A); DESIGNATING THE BOUNDARIES OF
THE GENERAL RETAIL DISTRICT (GR) 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 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 ofthe 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 ofthe 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 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 GENERAL
RETAIL DISTRICT (GR) be, and the same is hereby, established on a ONE (1) ACRE TRACT
WHICH IS APART OF THE JOHN SKIDMORE SURVEY, ABSTRACT NO. 889, on property
belonging to CODY WOODARD, so as to include in such GENERAL RETAIL DISTRICT (GR)
the hereinafter described property, which was formerly and is presently designated as an
AGRICULTURAL DISTRICT (A), and that the boundaries of said GENERAL RETAIL DISTRICT
(GR) be, and the same are hereby, established as follows:
SITUATED within the corporate limits ofthe City of Paris, County of Lamar,
and State of Texas, being 1.000 acres ofland, also being a part of the John Skidmore
Survey Abstract Number 889, also being part of a called 32.928 acre tract ofland,
conveyed from Robert D. Parker, Jr. and wife, Carol Parker to Alan Parks, on June
21, 2002, recorded in Vol. 1209, Page 51 of the Real Property Records of said
County. The said 1.000 acre tract of land being described more particularly in metes
and bounds as follows:
BEGINNING at the Northeast corner of the said 1.000 acre tract ofland, said
corner being in the South right-of-way line ofF. M. Highway 1508, said corner also
being the Northeast corner of the said 32.928 acre tract of land, said corner is
referenced by a found iron rod, S 00°05' 14" E, a distance of. 47 feet; said corner also
being the Northwest corner of a called 19.77 acre tract of land conveyed from
Equitable Trust Company to Chris Lewis and wife, Taunyia Lewis, on February 9,
1995, recorded in Vol. 505, Page 52 of the Real Property Records of said County;
THENCE S 00°05'14" E, with the East boundary line of the said 1.000 acre
tract ofland and the West boundary line of the said 19.77 acre tract ofland, a distance
of208.85 feet to a set iron rod at the Southeast corner of the said 1.000 acre tract of
land;
THENCE S 89°07'28" W, a distance of208.73 feet to a set iron rod at the
Southeast corner of the said 1.000 acre tract of land;
THENCE N 00°05'14" W, with the West boundary line of the said 1.000 acre
tract ofland, a distance of207.99 feet to a set iron rod at the Northwest corner of the
said 1.000 acre tract of land, said corner being in the North boundary line of the said
32.928 acre tract ofland, said corner also being in said right-of-way line;
THENCE with the said right-of-way line and the North boundary line of the
said 1.000 acre tract ofland, with a curve to the right, a distance of95.76 feet to a
found iron rod. The radius of the curve is 5669.58 feet and the central angle is
00°58'04". The chord length is 95.76 feet at a bearing ofN 88°36'33" E;
THENCE N 89°07'28" E, continuing with the said right-of-way line and the
North boundary line of the said 1.000 acre tract of land, a distance of 112.99 feet to
the point of beginning, containing 1.000 acre ofland, being located on F.M. 1508.
Section 3. That the Chief Building Official of the City of Paris be, and he is hereby, directed
to change the Zoning Map of the 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 4. That any person violating any of the provisions of this ordinance shall be guilty
ofaMisdemeanor, 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 5. That all ordinances or parts of ordinances in conflict herewith are hereby expressly
repealed.
Section 6. That this ordinance shall become effective April 1, 2005.
PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this
the 14th day of March, 2005.
Curtis Fendley, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
AFFIDAVIT REQUEST FOR AMENDMENT TO ZONING ORDINANCE NO. 1710
STATE OF TEXAS
COUNTY OF LAMAR
§
§
BEFORE ME, the undersigned authority, on this day personally appeared Cody Woodard, who
upon oath deposes and says:
"I am Cody Woodard and my address is Rt. 9. Box 373-B. Paris. Texas 75462, and my
phone number is 903-982-6078, and I have a proprietary interest in property located within the
corporate limits of the City of Paris being described as follows:
A one (1) acre tract of land which is a part
of the John Skidmore Survey, Abstract
No. 889, located on F.M. 1508, Paris, and
described on Exhibit A, attached hereto.
liMy interest in the above described property is owner and I do request a change in zoning from
Agricu!turaLffil to General Retail GR.
"In support of said request I make the following answers to questions 1-4:
1. Will the re-zoning be in accordance with the original comprehensive zoning scheme, as
represented by the pre-established zoning ordinance and the long range master plan and map that has
been adopted by the zoning ordinance?
YES
2. Will the re-zoned designation be compatible with the classification and use of adjoining lands
so as to avoid adverse impact on neighbors?
YES
3. Is the tract unsuitable for uses permitted under the present zoning classification: therefore
justifying a change in zoning?
YES
4. Does the re-zoning bear a substantial relationship to the public health, safety, morals or
general welfare or protect and preserve historical and cultural places and areas or meet a substantial
public need? YES
5. HAS A COpy OF THE LAND DEED BEEN SUBMITTED? YES ~
~~
Signatur of Applicant
SWORN TO AND SUBSCRIBED BEFORE ME, by the said Cody Woodard this 9th day of
February, 200~
Ce L ()j~
ry Public, State of Texas
N
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. This ~ocument has been J!refa;e~ as:eq~ested, ~ ~ï¡:'- .
wIthout the benefit of a tItle examInation.
"NOTICE OF CONFIDENTIALITY RIGHTŠ: IF YOU ARE A NATURAL PERSON, Y U
MAY REMOVE OR STRIKE.ANX OF THE FOLLOWING INFORMAT~ON FROM THIS
. INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY' NUMBER OR YOUR DRIVER'S LICENSE NUMBER"
**************************
GIFT DEED
COUNTY OF LAMAR
§
§ KNOW ALL MEN BY THESE PRESENTS:
§
THE STATE OF TEXAS
TRA T ,WE, ALAN PARKS AND WIFE, BARBARA P ARKS, (hereinafter referred to
as "Grantor"), with full intention of conveying the property hereinafter described as a gift, with no
reversionary interests whatsoever in favor of Grantor, have GIVEN, GRANTED, and CONVEYED,
and by these presents do GIVE, GRANT and CONVEY to CODY WOODARD AND WIFE,
LORIE WOODARD, as their community property and estate hereinaft~r' referred to as
"Grantee", the real property situated in Lamar County, Texas and being more fully described as
follows:
SEE EXHIBIT A ATTACHED HERETO;
TO RA VB AND TO HOLD the above described Property, together with all and singular the
rights and appurtenances thereto in anywise belonging to the Property, subject to the provisions
stated above, to Grantee, Grantee's heirs, executors, administrators, s'lfccessors and/or assigns
forever; and Grantor does hereby bind Grantor, Grantor's heirs, executors, administrators, successors
and/or assigns to WARRANT AND FOREVER DEFEND all and singular the said Property unto
the said Grantee, Grantee's heirs, executors, administrators, successors and/or assigns, against every
person whomsoever claiming or to claim the same or any part thereof, by through or under the
Grantor but not otherwise.
This conveyance, however, is made and accepted subject to any and all outstanding mineral
interest, restrictions, reservations, easements, covenants and conditions, if any, relating to the
h~reinabove described property as the same are filed for record in the County Clerk's Office of
Lamar County, Texas.
, (
DATED the ~ day of February, 2005.
~p~
ALAN PARKS
~QJO
BARBARA PARKS
STATE OF TEXAS
§
§
COUNTY OF LAMAR §
This ~strument was acknowledged before me on this th~ day of, * f) J -k tta,~
2005, by Alan Parks and wife, Barbara Parks. /! '.
. ~~~1 - ~>/l/{~ffl/~)
:; ~~ø-" JO~CE. ;PRIN~~>~';~'~¡ N . T PUBLIC, STATE F TEXAS
... ....17(.)" Notary Public R
~,., '..L~ State of Texas
~OF'tt;r C .
ammo Expires 3-18-2005
Grantee's Address: .
(After Recording Return To:)'
Mr. & Mrs. Cody Woodard
Ri. 9, Box 373-B
Paris, Texas 75462
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EXHIBIT A'-'" -
FIELD NOTES
Cody Woodard
1.000 Acres
City of Paris
Lamar County, Texas
February 2005
Being 1.000 acres of land, situated within the Corporate Limits of the City of
Paris, County of Lamar, State of Texas, ~lso being a part of the John Skidmore Survey,
Abstract Number 889, also being part of a called 32.928 acre tract of land, conveyed from'
Robert D. Parker, Jr. and wife, Carol Parker to Alan Parks, on June 21,2002, recorded in
Vol. 1209, Page 51 offue Real Property Records of said County. The said .1.000 acre
tract of land being described more p~cu1arly in met_es and bounds as follows:
Beginning at the Northeast comer of the said 1.000 acre tract of land, said comer
being in the South right-of~way line ofF. M. Highway 1508, said comer _also being the
Northeast comer qfthe said 32.928 acre tract of land, said comer is referenced by a found
iron rod, S 00° as' 14" E, a distance of.47 feet; said comer also being the Northwest
corner of a called 19.77 acre tract of land conveyed from Equitable Trust CoT9-pany to
Chris Lewis and wife, Taunyia Lewis, on February 9, 1995, recorded in Vol. 505, Page
52 of the Real Property Records of said. County;
Thence S 00° OS' 14" E, with the East boundary line of the said 1.000 acre tract of
land and the West bouÌldary line of the said 19.77 acre tract of land, a distance of208.85.
feet to a set iron rod at the Southeast comer of the said Looo acre tract of 1. and;
Thence S 89° 07' 28" W, a distance of 208.73 feet to a set iron rod at the
Southeast comer of the said 1.000 acre tract of land;
Thence N 00° 05' 14" W, with the West boundary line of the said 1.000 acre tract
of land, a distance of207.99 feet to a set iron rod at the Northwest comer of the said
1.000 acre tract of land, said comer being in the North boÚlldary line of the said 32.928
acre tr~ct of land, said comer also being in said right-of-way line;
Thence, with the said right-of-way line and the North boundary line of the said
1.000 acre tract of land, with a curve to the right, a distance of95.76 feet to a found iron
rod. The radius of the curve is 5669.58 feet and the central angle is 00° 58' 04". The
chord length is 95.76 feet at a bearing ofN 88° 36' 33" E; .
Thence N 89° 07' 28" E, continuing with the said right-of-way line and the North
boundary line offue said 1.000 acre tract of land, a distance 'of 112.99 feet to the poin. OF
beginning, containing 1.000 acres of land. ~~;............~~~
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