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02-A&B Zoning Change 2565 E. Cherry DRAFT F:ALICE\ORDWORK\CURRENT\ Zoning Ord 4-10-06 April 4, 2006 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 ONE-FAMILY DWELLING DISTRICT NO.2 (SF-2) ON LOT 4, CITY BLOCK 259, ON PROPERTY BELONGING TO JIM COPLIN, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A MULTI-FAMILY DWELLING DISTRICT (MF-l); DESIGNATING THE BOUNDARIES OF THE ONE-FAMILY DWELLING DISTRICT NO.2 (SF -2) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES ORP ARTS 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 ofthe 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 ONE- .. - r 'TOo F AMIL Y DWELLING DISTRICT NO.2 (SF -2) be, and the same is hereby, established on LOT 4, CITY BLOCK 259, on property belonging to JIM COPLIN, so as to include in such ONE-F AMIL Y DWELLING DISTRICT NO.2 (SF-2) the hereinafter described property, which was formerly and is presently designated as a MULTI-FAMILY DWELLING DISTRICT (MF-I), and that the boundaries of said ONE-F AMIL Y DWELLING DISTRICT NO.2 (SF-2) 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 a part of the Hiram Williams Survey within the corporate limits of the City of Paris, described by metes and bounds as follows: BEGINNING at a stake in the North Boundary Line of East Cherry Street at a point 291 feet East of the intersection of the East Boundary Line of 25th Street Northeast with the North Boundary Line of East Cherry Street; THENCE North a distance of 180 feet to a stake; THENCE East a distance of 80 feet to a stake; THENCE South a distance of 180 feet to a stake; THENCE West a distance of80 feet to the place of beginning, and being the same property described in deed from A. W. Clem, Trustee, to Esther Maddox Yeager, dated July 3, 1990, recorded in Vol. 168, Page 5, Real Property Records of Lamar County, Texas, and the same property described in deed from Esther Maddox Yeager to Lashea Dionne Brown, dated October 26, 1990, recorded in Vol. 185, Page 141, Real Property Records of Lamar County, Texas, reference being made to all the above mentioned instruments and records for all necessary purposes, being number 2565 East Cherry Street. 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 s. That all ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Section 6. That this ordinance shall become effective May 1, 2006. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the 10th day of April, 2006. Curtis Fendley, Mayor OCT 06 2005 1:34PM HP LASERJET 3200 p. 1 AFFIDAVIT REQUEST FOR AMENDMENT TO ZONING OROlNANC = NO. 1710 STATE OF TEXAS ~ COUNTY OF LAMAR 5 BEFORE ME, the undersigned authority, on this day personally appeal'i:1d JIM COPLIN who upon oath deposes and says: "lam JIM COPLIN and my address is ~45 26th NE , ,.ndmyphonenumber , is I} 1J3 7 i.J 3 t.f / dJ,nd I have a proprietary interest in property located withil1 the corporate limits of the City of Paris being described as follows: Lot 4, City Block 259 2565 E. Cherry "My interest in the above described property is as Owner &/?E:,-FP:..f#~/& Pu..x://./J'~ Oisfr/c -I tV",:.l./ in zoning from SF-!l- to Multi-Family (MF)-l and I :10 request a change "In support of said request I make the following answers to questions 1.,~: 1. Will the re-zoning be in accordance with the original comprehensivI!' zoning scheme, as represented by the pre-established zoning ordinance and the long range master f: Ian and map that has been adopted by the zoning ordinance? Yes, most of the adjacent property is currently zoned multi~family. 2. Will the re-zoned designation be compatible with the classification and I, se of adjoining lands so as to avoid adverse impact on neighbors? Yes. 3. Is the tract unsuitable for uses pennitted under the present zoning c1;;lssification: therefore justifying a change in zoning? No, but it is not the best use of the property, based upon ~urrent use of adjacent property. 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 ur meet a substantial public need? Yes, there is a need for multi-family housing in, the community. ~~y:~AND ~~~ORE M~ b :ad:aid Notary 5. HAS A COPY OF THE LAND DEED BEEN SU this Affidavit. e A.w. a.EM NOTARY PUBUC STATE OF TEXAS My Commission Expires 09-28-2008 I ~.: 00027979 B~R Ps 5'JI Val :1.627 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM TmS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER WARRANTY DEED WITH VENDOR'S LIEN 252720R Date: June 11, 2005 Grantor: John McFa(lden and Jeanette MeFad(len Grantor's Mailing Address: Filtd For RlcDrd in: UllllO.r Counb 2565 E. Cherry Paris, l'X 75460 011= Jun 2~r~ a~ 08:4-411 ..As a. ~(;ordin's Grantee: Scott McDo~ell and Jim Coplin OocuIent, ~ber: ~ntl 00027979 15.00 ... Grantee's Mailing Address: Consideration: PO Bo" 1093 . Receipt MuIlber ft 21077 Paris, IX 75461 arr . Gr,~cblA.B411s , ',' : , , .". ~:j ,.'1 Ten Dollars and no/lOO ($10.00) and other good and val\1able"eonsidci'afion and's note ot even date, tbat is in the principal sum of Thirteen Thousand IInd 00/100 ($13,000.00), executed by Gtantees, payable to the order of the LIIMar National Bank. The note is secured by a vendor's lien retained in favor ofLender in this deed and by a deed of trust of even date herewith from 'Grantees to Michael R. Rhodes, Ttu$tel!:. Lender, at Grantee's request.. has paid ,in cash to Grantors, that portion of the purchase price of the property that is evidenced by a portion of the note described. The vendor's lien and superior title to the property are retained for the benefit ofand are hereby transferred and assigned to Lamar' National Bllll~ Paris, Texas. Property (including any improvements): A part of the Hiram Williams Survey within the corporate limits of the City of Paris, described by meta :illd bounds as follows: Beginning at a stake in the North Bounda ry Line of EIIst Cherry Street at a {)oint 191 reet East of the intersection of the East Boundary Line oUS" Street NOfthcast with the North Boundary line of East Cherry Street; . Thence North 180 fed,a stake; Thence East 80 f~t, a stake; Thence South 180 feelt a stake; Thence West 80 feet to the place of beginning, 8n(l bein~ the !Same property described in deed from A. W. ClelD, Trustee, to E.'\ther Maddox Yeager, dated July 3,1990, of record in Volume 168, Page 5, Real Property Retords of Lamar County, Texas, and the same property desc:ribed jn deed from Esther Maddox Yeager to Lashea Dionne Brown, dated October 26,1990, ofrec:ord in Volume 185, Page 141, Real Property Records of Lamar Couoty, Te~as; reference being made to aJl the above mentioned In.struments aDd reeords for alllleccs.~ary purposes. Reservations from and E~ceptions to Conveyance and Warranty: THIS CONVEYANCE IS MADE AND ACCEPTED SUBJECT TO THE l"OLLOWING MA 1'TERS, TOmE EXTENT SAME ARE IN EFFECT AT THIS TiME: ANY AND ALL RESTRICTIONS, COVENANTS, CQNJ>I1'IONS AND BloC Oa)027'7"17'9 OR Vel 1627 PSI 51 EASEMENTS, MINERAL RESERVATIONS AND LEASES, IF ANY, RELATING TO THE ABOVE DESCRlBED PROPERTY, BUTONL YTOTHE EXTENT THJl;Y' ARE STILL TN EFFECT, SHOWN OF RECORD IN THE ABOVE MENTIONED COlJNTY AND STATE, INCLUDING: a. Easement from J. M. Awbrey to Te:lCas Power &: Light Company, dated .January J3,19:%6, of recol'd in Volume :213, Pale 374, Lamar County Deed Records. Grantors, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantees the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantees. Grantee's heirs, executors, admlntstratol'$, successors, or aslrigns forever. GratltOI'5 hereby bind GrantoT$ and Grantor's heirs, executors, administrators, and successors to warrant and forever dekndall and singular the property to Grantees and Grantee's heirs, executors, administrators, successors, and assigns, against every person whomsoever lawfully claiming or to claim tbe same or any part thcreo~ except as to the reservations from and exceptions to warranty, 'f11F.i ~~ ~~~IJ~ip.st and superior title to the property ate retained until each note described is fully paid acoording to ib terms, at~lMcP tltD.l1IiJjul deed shall become absolute. l';'~en:rtbe i%hteXt ~, singular nOlrns and pronouns include \ SlIUt.UI' I~ wtlfllCflMAR ~'r. tI i ~ ',., '.", III8nb1 CIIIIfy IIlIlIh1s lnmllllHl WIll filed on ... . \tlI...IIIIIIlIIJI ... baOll ~ Mind 'MIS cIlaly "'. ,.;.: !:.:l. ' ~~.II!U!!!P.""~"lIIlIIIdl'lCOl'd I 'pf~."""lfJlII. :'1" ;1 '.::i\\!Ulfl '/1 ll"J/Jd<ifJ}r! f~-....J Jeanette McFadden j Ilfi: - 'I:". (Acknowledgment) STATE OF TEXAS COUNTY OF Lamar This instrument was acknowledged before me on the 22t1d day of June, 2005 ~ by .T ohn McFadden and Jeanette McFadden. - 1""'& SVONEf,{OU~G ~ ~.. NOrARY PUBLIC I * .~~ STATEOF1'EXAS. MY ComIft. ElqI. 09.24-2005 ...--- AFTER RECORDING RETIJRN TO: PREPARED IN THE LAW OFFICE OF; Scott McDowell and Jim Coplin PO Box 1093 Paris, TX 75461 Sydney Young 2765 N. E. Loop 286 Paris, TX 75460 ~ ... " - i - --- n_ -.- --- -- -- L-:~I ~ L'_I~I:"I.~ .1 JOSEPH LEACH SURVEY A . 524 ---- --- r---___~ /' ~---- ---- , / t -lIl!!:.;:... - -- ~..:;,,-"" -... - ---~--_.._-~....~ ~~I!!i~"'" "I!*I.~ "'......... - _.an.:.:r.....W=..--:er~...~ ~~'itr=L~=:i...~ ==rJU!.."1::':U~~.:.:-.5if= -,,=,~'.==c:.__"L"I::U=-I."L."= 11; ..~.:.:.-:; u:: :-.~..... "'.... ..-... ::..;rl=t~.w....=:'.~L'U:.:" ........ .... .....~--...~. ~..... _............ fI_............ .... p"" ....... "'...... 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"~ '. . .: . f '~A>~ . .'.:426.'. ... . .' .' .... '.':~:..."'.. e.-A .'. ,: . 6 71 '. . ~i:;: , T MEMORANDUM TO: Chairman and Members of the Planning and Zoning Commission Honorable Mayor and Members ofthe City Council Lisa Wright, Director of Community Development (}.>> -"" FROM: SUBJECT: Zoning Change Requests DATE: March 27,2006 The following zoning change requests will be presented at the April 3, 2006, meeting ofthe Planning and Zoning Commission and the April 10, 2006, meeting of the City Council of the City of Paris for consideration: 1. Jim Coplin is requesting that the property located on Lot 4, City Block 259, being number 2565 E. Cherry, be rezoned from a One-Family Dwelling District No.2 (SF-2) to a Multiple- Family Dwelling District No.1 (MF-I). The Comprehensive Plan recommends that this property be zoned Moderate Density Residential, and there are currently several duplexes in the vicinity. cc: City Attorney's Office T