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02-A&B Zoning Change, 3755 FM 195 DRAFT F:ALICE\ORDWORK\CURRENT\ 6-12-06 Zoning Ords June 6, 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 COMMERCIAL DISTRICT (C) ON A 1.796 ACRE TRACT IN WESLEY ASKINS SURVEY #7, REQUESTED BY ROSS MOORE, AGENT FORP AUL DARNELL, OWNER, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS AN AGRICULTURAL DISTRICT (A); DESIGNATING THE BOUNDARIES OF THE COMMERCIAL DISTRICT (C) SO ESTABLISHED; PROVIDING FORA 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. r" 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 A 1.796 ACRE TRACT IN WESLEY ASKINS SURVEY #7, requested by ROSS MOORE, AGENT FOR PAUL DARNELL, OWNER, 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 ofthe City of Paris, County of Lamar, and State of Texas, being a part ofthe Wesley Askins Survey #7, and being a part of tract #3 as conveyed to Paul Dennis Darnell by deed recorded in Vol. 1341, Page 162, of the Real Property Records of said County and State, said Darnell tract #3 originally being a part of a called 143.5 acre tract of land conveyed to J. H. Darnell et ux by deed recorded in Vol. 341, Page 273, of the Deed Records of said County and State. BEGINNING at a Southeast comer of said Darnell tract #3 and at the present Southwest comer of a called 0.24 acre tract of land conveyed out of said Darnell 143.5 acre tract to Lamar County Water Supply District by deed recorded in Vol. 497, Page 111, of said Deed Records, said comer being North 64017'23" West a distance of 0.29 feet from a 1/2" iron pin (f) (iron pin South of the North Boundary Line of said Farm Road 195) for reference at the called Southwest comer of said 0.24 acre tract. THENCE North 64017'23" West a distance of344.83 feet to a 3/8" iron pin (f) for comer at an el comer of said Darnell tract #3 and at the Northwest comer of a called 1 acre tract of land conveyed out of said Darnell 143.5 acre tract to said Lamar County Water Supply District by deed recorded in Vol. 703, Page 116, of said Deed Records; THENCE South 46043'34" West a distance of 190.59 feet to a chain link fence post (f) for comer in a West Boundary Line of said Darnell tract #3 and in the East Boundary Line of a called 1.579 acre tract of land conveyed to Maryann E. Martz et vir by deed recorded in Vol. 769, Page 296, of said Real Property Records, said Martz 1.579 acre tract originally being a part of said Darnell 143.50 acre tract; THENCE South 32058'46' East a distance of259.48 feet to a 3/8" iron pin (f) for comer at a Southwest comer of said Darnell tract #3 and at the Southeast comer of said Martz 1.579 acre tract; THENCE North 57011' 16" East along the North Boundary Line of said Farm Road 195 a distance of 366.72 feet to the place of beginning and containing 1.796 acres ofland, being numbered 3755 FM 195. 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 r" 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 July 1,2006. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the 12th day of June, 2006. Richard Manning, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: John D. Lestock, Assistant City Attorney r'. 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 Dennis Chalaire who upon oath deposes and says: "I am Ross Moore whose address is 18511 FM 79, Sumner, TX 75486, and whose phone number is (903) 739-2365, and who has a proprietary interest in property located within the corporate limits of the City of Paris being described as follows: 1 .796 Acres 3755 FM 195 My interest in the above-described property is AQent for Owner, and I do request a change in zoning from an Aoricultural District (A) to a Commercial District (C). "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? NO - Contract to Buy /g~ Signature of Applicant SWORN TO AND SUBSCRIBED BEFORE ME, by the said Ross Moore on this 9th day of May, 2006. JAN:CE WORTHAM NOTARY PUBLIC {"ATE OF TEXAS iVly Gon/!sslon Expires 05-12-2009 roo, Reference Bearing: Center line of Form Rood 195 CP No. 480891 0008 A FHBM PDarnell Disk- 733 11-2-04 .9- ~ ........ ..... ...... ..... %" ip (f) ':,. , ~ ~~ ol.t/ D ........, r-.. el'}",. '....... ..o.,v' "Ill ' , Do. ' 'l"l'}e// '.......,t t '-, /"; 1/1,3 ....., '7'r ......9.f'J~ ............. 11'01 '" ~ . ........... '......... . 7,347 ................ . fI ........... '.......... q,o(ij ~09" j:) .......... ........, ~ ....., ,0,.. ..... ........ .... '-!':~r ..... ......... ::> 76< ..... ..... ..... ;""";'.........( lCIi'~ ' ..... ...... I? .......... ......... Q. fl/ ..... ......... ::>.S' ........ ........... ......... J " ' ......, ...................." j .......... Q.o ...... '. ..... "fI ....fI<c' fI . ~'+- ,,<c' . '~o~ o-t'~ a' ~o ". '" ~'? "" ",,-. ..., ~~. 1.796 AC /' ? 'IS' ~ ~ Q) ~ ..... .......... k/' .......... ,/' y~ 0.>~,/ .......... "'" "\/" ............ '"" ~ ' / ..... OU/ <?-- 0, / '--. /' "'" ''''''. ..... /' / / / / 0: ,/ / <<o~./ / /" I< '/' ~/ ,/, // /' /' / / / I / #~~' r. OF'l"., '. ~.",,, ~~.....,"/t:;:.'l,... \ Co ,P.' \ <. ~ " 'L \ ~..'~r, *'"'' ""/'<~fj .. /' <l.- '~<l\ " ....:............ ,...:... \ ,;, JIM o\J<::' ~'.,:".,'.""....,~ ....,.....,..",,,LL,,,O[\I t~,' .- ........... ., .n ',-" . I.'O'}" .../.'/.,,'" '<'Po l' .;.:J .. ~~/ rr. '>"'~~l:-:l..'" \1:', 0"''':.." ,,' ~ (~il" ".;.:~,,;,;.,.., ~ II "'" .t;. "iO {viI ';""", 8ml\!t:~. ~~~;;'f~;;~{f ~ ~(;' t;:P ~. ~. i /' /~./ /' /' 75 I 38 0 ~s)=set 1 (rs)=reset 75 I 150 iL{f) = found I ,- ---.J "u~ It -7, 4- date -)(- = fence 1" = 75' up = utility pole J.M. Nelson, RPLS of Texas, #4025 Nelson Surveying Company 920 N. Main St. Paris, Texas 75460 903-~3551 fax: 903-~3399 E-maJ: ;me1stamelcom J.M. NeIeon, Regletered Profee8lonaJ Land 8u'veyor of Texae, 14025 cip = 1/2" copped iron pin @ This survey Is only valid If It hos on orlglnol slgnoture ond seol. Any ehonges mode will vald this survey. Before ony eonstruetlon, 011 utility eomponles should be eontoeted for loeotlon of their respective utility lines 100 yeor flood zones ore seonned ond Inserted from FHBM or FIRM unless otherwise noted hereon, ,? ~ Page: ----=--- of --===- r- l Nelson Surveying Company 920 North Main Street Paris, Texas 75460 903-785-3551 fax 903-785-3399 e-mail jimn@1starnet.com Jim Nelson, owner J. M. Nelson, Registered Professional Land Surveyor of Texas, #4025 These field notes are for use only by the 'group or persons' certified to. Surveyor assumes no liability for any modification or unauthorized copies. PDarnell Disk-733 FM195 WAskins #7 Reference Bearing: Center line of Farm Road 195 FIELD NOTES Situated within the Corporate Limits of the City of Paris, County of Lamar, and State of Texas, a part of the Wesley Askins Survey #7, and being a part of tract #3 as conveyed to Paul Dennis Darnell by deed recorded in Vol. 1341, Page 162, of the Real Property Records of said County and State, said Darnell tract #3 originally being a part of a called 143.5 acre tract of land conveyed to J.H. Darnell et ux by deed recorded in Vol. 341, Page 273, of the Deed Records of said County and State. Beginning at a Southeast corner of said Darnell tract #3 and at the present Southwest corner of a called 0.24 acre tract of land conveyed out of said Darnell 143.5 acre tract to Lamar County Water Supply District by deed recorded in Vol. 497, Page 111, of said Deed Records, said corner being North 64017'23" West a distance of 0.29 feet from a %" iron pin (f) (iron pin South of the North Boundary Line of said Farm Road 195) for reference at the called Southwest corner of said 0.24 acre tract. Thence North 64017'23" West a distance of 344.83 feet to a 3/8" iron pin (f) for corner at an el corner of said Darnell tract #3 and at the Northwest corner of a called 1 acre tract of land conveyed out of said Darnell 143.5 acre tract to said Lamar County Water Supply District by deed recorded in Vol. 703, Page 116, of said Deed Records; Thence South 46043'34" West a distance of 190.59 feet to a chain link fence post (f) for corner in a West Boundary Line of said Darnell tract #3 and in the East Boundary Line of a called 1.579 acre tract of land conveyed to Maryann E. Martz et vir by deed recorded in Vol. 769, Page 296, of said Real Property Records, said Martz 1.579 acre tract originally being a part of said Darnell 143.50 acre tract; Thence South 32058'46" East a distance of 259.48 feet to a 3/8" iron pin (f) for corner at a Southwest corner of said Darnell tract #3 and at the Southeast corner of said Martz 1.579 acre tract; Thence North 57011'16" East along the North Boundary Line of said Farm Road 195 a distance of 366.72 feet to the place of beginning and containing 1.796 acres of land. I, J.M. Nelson, Registered Professional Land Surveyor of Texas, #4025, certify to Paul Darnell, that the above depicted and described tract of land was taken from an actual survey made on the ground and completed by me on the 2nd day of November, 2004, that there doesn't appear to be any visible improvements, easements or encroachments other than those shown thereon, and that this tract of land does not appear to lie in a flood zone as indicated by Community Panel No. 480891 0008 A of the Flood Hazard Boundary Maps. ~~~~n<.,\ or- ,~. ""';(f' ,,~. \:.......,' ..... t......'.', i\ A: r"~ "'~. ",. .~. l,{l, f..)''';'r. \ ';k~"~ i','J' ,\~ \::~~~:~~~i~~1 ~~"f\ "(.r,d,1 """',. ~~~~~~;~~~'~,. r .--- '---./ - A/L - / /-:1.J7't-. date J.M. Nelson, RPLS of Texas, #4025 Page ~ of ';;"" r APRIL 20,2006 --- Reference: TO 1.796 ACRES OF LAND ON FM195 (ADDRESS 3755 FM 195) I AM SELLING THE ABOVE REFERENCED PROPERTY TO ROSS MOORE AND HE HAS MY PERMISSION TO HAVE THE ZONING CHANGED ON THIS PROPERTY. On this -L day of lfv1t:L..J _ , c:<. {)O to, before me, the undersigned notary pubIic,,,fIersonally ~ appeared ~ (.(. l Ua ,e N e.. J J tlch- '~k Notary Public VtcJ:; -~Y1ado Print name PAUL DARNELL State of Texas County of Lamar ,~'tftV' ~*"\ ~ VICKI TRENAOO MY COMMISSION EXPIRES Ju~ 1$,2000 r'. r-'-- MEMORANDUM TO: Chairman and Members of the Planning and Zoning Commission Honorable Mayor and Members of the City Council FROM: Lisa Wright, Director of Community D6Velopment SUBJECT: Zoning Change Requests DATE: May 31,2006 The following zoning change request will be presented at the June 5, 2006, meeting of the Planning and Zoning Commission and the June 12,2006, meeting of the City Council of the City of Paris for consideration: 1. Ross Moore is requesting that the property located on 1.796 Acres, being number 3755 FM 195, be rezoned from an Agriculutral District (A) to a Commercial District (C) for the purpose of opening a nursey/landscaping business. The Comprehensive Plan recommends that this property be zoned for moderate density residential. cc: City Attorney's Office r"