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03&04 Parr-Hull Plaza Zoning DRAFT F:ALICE\ORDWORK\CURRENT\10-10-02 Zoning Ords November 1, 2002 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 COMMERCIAL DISTRICT (C) ON LOTS 1-7, PARR-HULL MEDICAL PLAZA, ON PROPERTY BELONGING TO RALPH BEAL, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS AN AGRICULTURAL DISTRICT (A); DESIGNATING THE BOUNDARIES OF THE COMMERCIAL DISTRICT (C) 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 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 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 COMMERCIAL DISTRICT (C) be, and the same is hereby, established on LOTS 1-7, PARR-HULL MEDICAL PLAZA, on property belonging to RALPH BEAL, so as to include in such COMMERCIAL DISTRICT (C) the hereinafter described property, which was formerly and is presently designated as an AGRICULTURAL DISTRICT (A), and that the boundaries of said COMMERCIAL DISTRICT (C) be, and the same are hereby, established as follows: SITUATED within the corporate limits of the City of Paris, County of Lamar, and State of Texas, being Lots 1-7, Parr-Hull Medical Plaza, as shown in that preliminary plat approved of record by the City Council of the City of Paris on October 10, 2002, and as further shown on that preliminary plat attached hereto as Exhibit A and for all purposes incorporated herein. 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 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 5. That all ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Section 6. That this ordinance shall become effective December 1, 2002. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the 7th day of November, 2002. Michael J. Pfiester, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney AFFIDA¥[T REQUEST FOR AMENDMENT TO ZONING ORDIi4ANCE NO. 1710 STATE OF TEXAS COUNTY-OF L~IAR I]EFORE ME, Um undersigned authority, on this day pets'anally appeared RALPH BEAL ., who upon oath deposes a~d says: "I aln RALPH BEAL ' , and aly address is PHONE NUMBER 739-9536 aT In Rny 7?tn PARIS 75462 and I have a proprietary interest in' property located within the corporate limits oF tile City of Paris being described as follows: LOTS 1 THRU 9 PARR-HULL MEDICAL PLAZA 330~ BLOCK OF NORTH MAIN "My interest in the above described property is OWNER and I do reques~ District to COMMERCIAL District. i "In support of said request I make the Following answers to questions 1-4: 1, Will Die re-zoning be in accordance wJU~ the'original comprehensive zoning scheme, as represented by the pre-established zoning ordinance and the long range master plan.and ]nap that bas 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 pemltted under the present zoning class- ification; the~TeFore justifying a change in'zoning? YES 4. Does Um re-zoning bear a substantial rela'HonsHlp to the public healtli, safety, morals or general welfare or protect and preserv~ historical and cultural places and areas or meet a substantial public need? YE5 .5, BAS A COPY' OF TtlE I~AHO DEED BEEI4'SUUMITTED~/f . Si~ture of Appllcan~ SWORN TO AND SUBSCRIBED BEFORE ME, by the said this 24th ~ay of 8ep~mb~: , ~002 .. N~ary Public, S:a:e of Texas JAN CE L. WOR V) FILED ~ ~ k ~ ~ (~F~ NOTARY PUBLIC . .x ' 4tk~YJ STATE OF TE~S Mattle Cu)mlnghm, Cl:y ~merz-~ - . . LAND SURVEYORS FIELD NOTES FOR HULL BARBEE ET AL 100.273 Acre Tract: All that certain tract or parcel of land situated in Lamar County, State of Texas, a part oftbe Redin Russell Survey A-786 and a part of the City of Paris and being a part of that 446.722 acre Second Tract conveyed by J. D. McLanghlln, Independent Executor to B. Hull Barbee et al as recorded in Vol. 214, p. 190 of the Real Property Records of said County and bounded as follows: BEGINNING at a ½" steel rod found for comer in an occupied north boundary line of the aforemen- tioned 446.722 acre tract at a point which bears N 89°53'13" E, 449.89 ft. cfa ½" steel rod found at the occupied most westerly northwest comer oftbe 446.722 acre tract, said beginning comer being the northeast comer of that 2.789 acre tract conveyed by George Michael Barbee et al to Fam Rec Ventures, Inc. '(Vol. 678;p. 304 - Real Prope~y Records) and the southeast comer of that 2.789 acre tract conveyed by George Michael Barbee et al to Faro Rec Ventures, Inc. (Vol. 513, p. 326 - Real Property Records), said beginning comer lays in the occupied south boundary line of that 123.8 acre tract conveyed by Mrs. Sarah A. Hull et al to Hannah Bailey (Vol. 235, p. 585 - Deed Records); THENCE N 89052'42'' E along a fence for the occupied north boundary line of the 446.722 acre tract and the south boundary line of the aforementioned 123.8 acre tract, 760.94 Il. to a typical steel rod set for angle point (typical steel rod is a 'A" x 24" steel rod with surveyor's cap marked "Hampton"); TI-IENCE N 89°41 '56" E continuing along the fence for the occupied common boundary line, 574.73 fl. to a typical steel rod set for angle point; THENCE N 88°56'41" E continuing along the fence for the occupied common boundary line, 491.08 It. to a typical steel rod set for comer by a fence comer post, said comer being a called ell corner in the boundary line oftbe 446.722 acre Tract; THENCE South, 1006.10 fl. to a typical steel rod set for comer in a fence lbr an occupied south bound- ary line oftbe 446.722 acre tract and the north boundary line of that 172.5 acre tract conveyed by Lamar State Bank & Trust Company to Mrs. Mary Belie Dunagan (V~I. 208, p. 316 - Deed Records), a witness fence comer post bears S 89045, E, 27.2 fl. of said comer, TI-~NCE N 89°45'02" W along the fence for the occupied common boundary line, 175.00 It. to a typical steel rod set for angle point; THENCE S 89025'42" W continuing along the fence for the occupied common boundary line, 167.53 It. to a typical steel ro~l set for comer by a fence comer post, said comer being an occupied ell comer in the boundary line oftbe 446.722 acre tract; THENCE S 1°12'05" W continuing along a fence for the occupied common boundary line, 214.95 Il. to a typical steel rod set for comer by a fence comer post, said comer being a called comex in the common THENCE N 89043'23'' W continuing along a fence for the occupied common boundary line, 209.81 fl. to a typical steel rod set for comer by a fence comer post, said comer being a called corner in the common ~undary line; THENCE S 2°09'21" E continuing along the t~nce for the occupied east boundary line of the 446.722 acre tract and the west boundary line of the 172.5 acre tract, 439.71 ft. to atypical steel rod set for angle point; P.O. Box 1283 · 303 North Van Buren Avenue Mt. Pleasant, Texas 75456-1283 o VOICE/FAX: (903) 572-2076 THENCE S l°53'27'' E continuing along the fence for the occupied common boundary line and contin- uing the same course along the west boundary line of that 16.324 acre tract conveyed by Bessie Lee Haynes et al to North Lamar Independent School Distric.t (Vol. 670, p. 661 - Deed Records) in all a total distance of 565.90 lt. to a 3/8" steel rod found for comer, said comer being the occupied northeast comer of that 31.806 acre tract conveyed by B. Hull Barbee, Jr. et al to Dan Bono et al (Vol. 459, p. 271 - Real Property Records), a witness fence comer post be~rs S 3° W, 3.4 fi. of said comer, said comer lays at or near the eenterline of that Electric Easement conveyed by Estelle Council to Texas Power & Light Company (Vol. 443, p. 47 - Deed Records); THENCE S 76~24'57'' W generally along the fenced north boundary line of the aforementioned 31.806 acre tract and along the centerline of the aforementioned Electric Easement tract, 705.95 fi. to a 3/8" steel rod found for called angle point by a fence angle post; THENCE S 89°57'40" W continuing along the north boundary lLne of the 31.806 acre tract and the centerline of the Electric Easement tract and generally along the fence, 1056.31 fi. to a typical steel rod set for comer in the west boundary line of the 446.722 acre tract and in the east boundary line of that 1.803 acre Part I conveyed by Estelle Council to The State of Texas (Vol. 482, p. 268 - Deed Records), said comer being the occupied northwest comer of the 31.806 acre tract, a witness fence comer post bears N 89°58' E, 2.9 f~. of said comer, a found witness 1 1/8" stainless steel pipe bears S 2o34'56" E, 147.19 t~. of said comer, said comer lays in the curved east right-of-way line ofU. S. Highway 271; THENCE in a northwesterly direction around a curve to the right in the Highway right-of-way line (Long Chord bears N 0o48'20" W, 101.86 lt.; Radius = 11,399.68 lt.) through a Central Angle of 0030'43" for a total distance of 101.86 lt. to a typical steel rod set for comer, said comer being an occupied northwest comer of the 446.722 acre tract and the southwest comer of that Five Acre tract conveyed by T. W. Mading et ux to C. W. Luckey et ux (vol. 190, p. 488 - Deed Records), a witness fence comer post bears N 89024, E, 1.6 ft. of said comer; THENCE .N 89°24~02''. Ealong an old fence for the occupied south boundary line of the aforementioned Five Acre tract and a north boundary line of the 446.722 acre tract, 370.53 fi. to an 18" bois d'arc tree fence comer found at the occupied southeast comer of the Five Acre tract and an ell comer of the 446.722 acre tract; e' THENCE N 0°41 '55" W along a fence for the occupied east boundary line of the Five Acre tract and the west boundary line of the 446.722 acre tract and continuing the same course along the east boundary line of that 100 lt. wide strip conveyed by Joe McCollum et al, Trustees of North Paris Baptist Church to Joe MeCollum et al, T~:ustees of Grace Fellowship Church, Inc. (vol. 684, p. 642 - Deed Records) in all a total distance of 408.22 ft. to a fence comer at a bois d'arc tree clump, said comer bo!hag the occupied northeast comer of the Five Acre tract and the Church tract and an ell comer in the boundary line of the 446.722 acre tract; THENCE N 89°46' 15" W along a fence for the occupied north boundary line of the Five Acre tract and the Church tract and a south boundary line of the 446.722 acre tract, 365.90 fi. to a typical steel rod set for comer in the east right-of-way line ofU. S. Highway 271, said comer being a southwest comer of the 446722.acre tract and lays at or near the southeast comer ef that 4.511 acre Part 2 described iv. that conveyance to The State of Texas (vol. 482, p. 268 - Deed Records), said comer being the occupied northwest comer of the residual of the Five Acre tract; THENCE N 0°01 '48" E along the west boundary line of the 446.722 acre tract and the east right-of-way line of the Highway, 949.78 fi. to a typical steel rod set at the beginning ora called curve to the left; Page 2of3 THENCE in a northwesterly direction continuing along the common boundary line and the curve (Long Chord bears N 0~22'12" W, 162.31 f~.; Radius = I !,624.65 ft.) through a Central Angle of 0°48 '00" for a total distance of ~ 62.31 ft. to a concrete Highway monument found at the end of the curve; THENCE N 0o46'12' W continuing along the common boundary line, 480.40 ft. to a typical steel rod set for corner at the southwest corner of the aforementioned 2.789 acre tract conveyed to Faro Rec Ventures, Inc. (Vol. 678, p. 304 - Real Property Records), a found witness ~" steel rod bears S 89°49'5 I" W, 0.55 ft. of said comer; THENCE N 89°49'51" E along the fenced south boundary line of the 2.789 acre tract, 449.57 ft. to a ½" steel rod found for comer by a fence comer post at the southeast comer of the 2.789 acre tract; THENCE N 0°42'06" W along the fenced east boundary line of the 2.789 acre tract, 269.60 ft. to the place of beginning and containing 100.273 acres of land. I, Dan Hampton, Registered Professional Land Surveyor 3889, do hereby certify the field notes hereon truly and correctly represent a survey made by me on the ground. 25th day of Janufry, ~0(,'x2~002. Given under my hand and seal this ~GIS~D~ ~ i Li)R~[D~S'23RVEYOR 3 889 i hese Field Notes and accompanying Survey Plat of this same date and certification were prepared for the use of Hull Barbee et al in four original prints signed with green ink and withimpression seal. STATE OF TEXAS } ~ ~ O ~OW ALL M~ BY ~E P~: CO~ OF LAMAR ~i we, HULL BA~EE, PAT BA~EE COMPANY of G~ Count, Tc~, f~ ~ in ~idc~on of ~{e ~nsidc~on, to us in ha~ ~d by ~ffi~e~y of which {s he.by ac~owl~g~, do hc~by ~fi, give OF PA~S, a mu~ci~ ~tlon, of ~m~ County, Tc~, a utilily ~ment d~ f~l~s: S~UATED a~ut 2 miles No~, 5 ~gr~s ~t of ~e City of P~s, Coun~ of ~ and S~ of Tc~, a ~ of ~e R~din Ru~{[ Su~ey, Abst~ No. 786, ~ing a ~. of a 113.8 acre first t~t ~nvcy~ in Volume 235, Page 350, ~m~ County ~t w{ll~ to ~lle Cou~il by Affi~t ~ in Volu~: ~5, P~e 455, ~ County ~ R~rds, ~ ~ing fu~cr de~H~ ~ fol{ows: BEGINNING at a ~int f~ slt~t~ No.h 89 ~8~s. 38 Minut~ ~t a dis~ce of 20.0 f~t from ~c No.west co.er of ~d 113.8 ac~ a~ ~e ~t ~ghtmf-way lis of U. S. Highway 271; THENCE No.h 89 ~g~s, 38 Minu~ ~t a dis~ce of 20.0 f~t ~ a ~int for THENCE Sou~ 0 ~g~s, 50 Minu~ ~t a dJs~ of 70.0 f~t to a ~int THENCE Sou~ I I ~g~s, 03 Minu~ W~t a ~int for comer; THENCE South 0 ~gr~s, ~{nt for co~cr, the ~{nt of cu~ature of a cu~c W ~c Hght; THENCE Sou~erly wi~ ~d cu~c a dis~ of 163.5 ~gc~ of ~d cu~e; THENGE Sou~ 0 ~8~s, 01 Minutes W~t a dis~n~ of 948.~ f~t W a ~int for ~cr in the No.h lis of a t~ct own~ by G~ Fellowship Church; THENCE No~ 89 ~g~s, 35 minu~s West wi.~ ~d No~ lis a dis~ of 20.0 f~t to a ~int for ~m~, ~t {i~ of U.S. Highway 271; ~ENCE No~crly wi~ ~d ~t lis ~e follow}~: No~ 0 ~g~, O1 Minu~ ~t a dis~ of 948.7 f~t ~ a ~int f~ ~c ~{nt of Cu~ of a ~e m ~e left; ~c~ No~erly w}~ ~d cu~e a d{s~ of 163,2 f~t m ~e ~int of ~ge~y of ~d ~u~e; ~e~ No~ 0 ~g~s, 50 Minu~ W~t a dis~ of ~0.1 f~t to a ~int f~ ~r; ~ENCE No~ 89 ~g~, 38 Minu~ ~int f~ ~r; ~ENCE No~ 0 ~s, 50 Minu~ W~ p~ of ~in~ng. ~ ~ ~ve ~ ~t a ~ ~on ~ ~ ~ follows: S~, Ab~ No. 7~. ~ ~n~, T~, ~ ~ over, u~ ~ ~ ~ ~ of ~ ~ m ~Ue ~ by ~ ~ in Volu~ ~5. ~e 574 m~; sa~d twenty ~'x'n foo~ .----- - -o , ~ O~nty Degd ~t ~ li~ of~d TO HAVE A~ TO ~ld, wi~ ~ ~ght ~f, ~ ~n~ng ~y ~ ~1 u~id~ f~U~ p]~ ~c~n; provided ~t O~n~ will, of ~d u~li~ faciliti~, mstom Ae suff~ ~ ~ ~i~on m which ~d sur~ Wu f~ when such work w. u~c~n in.far. ~irt~ U~cr ~e pl.s a~ ~ifi~lions appmv~ for p~Jeg~ hcmln g~, ~e C~Y OF PAR~ will ~t cr~m a nui~ or ~o ~y ~ ~ will ~ dc~mcn~ ~ ~d premiss. G~n~n do hereby ~ f~evet defer, ~t ~ ~ngul., ~d p~mi~ un~ ~c C~ OF PA~S a~t ~e~ ~n who~er law~lly c~mlng or ~S Our ~s PAT BA~, ~/a BA~EE ~ ~MP~ ~A~ OF ~ } COU~ O~ } PAT B~ ~ ~ B~, ~/~ ~ .'. ~c~ *