03-A&B Zoning Change 1639 Pine Bluff
DRAFT
ORDINANCE NO.
F:ATTORNEY\ORDWORK\CURRENT\9-11_06 Zoning Ord
Septem ber 6, 2006
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 NEIGHBORHOOD SERVICE DISTRICT (NS) ON LOT 11, CITY BLOCK
70-B, REQUESTED BY JOHN MARK SPENCER, AGENT FOR MONJA G.
SMITH, OWNER, SO AS TO INCLUDE THEREIN TERRITORY
FORMERLY DESIGNATED AS A TWO-FAMILY DWELLING DISTRICT
(2F); DESIGNATING THE BOUNDARIES OF THE NEIGHBORHOOD
SERVICE DISTRICT (NS) SO ESTABLISHED; PROVIDING FOR A
PENAL TY 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 ofthe 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
NEIGHBORHOOD SERVICE DISTRICT (NS) be, and the same is hereby, established on LOT 11,
CITY BLOCK 70-B, requested by JOHN MARK SPENCER, AGENT FOR MONJA G. SMITH,
OWNER, so as to include in such NEIGHBORHOOD SERVICE DISTRICT (NS) the hereinafter
described property, which was formerly and is presently designated as a TWO-F AMIL Y
DWELLING DISTRICT (2F), and that the boundaries of said NEIGHBORHOOD SERVICE
DISTRICT (NS) 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 Isaiah Davis Survey, and being Lot 11, City
Block 70-B, being the same property conveyed to Ronald G. Smith and wife, Monja
Smith by deed recorded in Vol. 315, Page 304, of the Real Property Records of said
County and State, and more particularly described as follows:
BEGINNING at the intersection of the North Boundary Line of Pine Bluff
Street with the West Boundary Line of 17th Street NE;
THENCE West with the North Boundary Line of Pine Bluff Street a distance
of 60 feet to a stake;
THENCE North, parallel with 17th Street NE, a distance of 190 feet to a stake;
THENCE East, parallel with Pine Bluff Street a distance of60 feet to a stake
in the West Boundary Line of 17th Street NE;
THENCE South with the West Boundary Line of 17th Street NE a distance of
190 feet to the place of beginning, and being the same property described in deed
from W. T. Rainey and wife, Myrl Rainey, to Marilyn Banks, dated August 7, 1972,
recorded in Book 538, Page 723, Lamar County Deed Records, being number 1639
Pine Bluff Street.
Section 3. That the Chief Building Official of the City of Paris be, and he is hereby, directed
to change the Zoning Map ofthe 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.E
Section 6. That this ordinance shall become effective October 1, 2006.
PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on
this the 11 th day of September, 2006.
Richard Manning, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
John D. Lestock, Assistant City Attorney
AFFIDAVIT REQUEST FOR AMENDMENT TO ZONING ORDINANCE NO. 1710
STATE OF TEXAS ~
COUNTY OF LAMAR 9
BEFORE ME, the undersigned authority, on this day personally appeared John Mark Spencer,
who upon oath deposes and says:
"I am John Mark Spencer and my address is 1875 Bonham Street, Paris, TX 75460 and
my phone number is 903-784-7847 and I have a proprietary interest in property located within the
corporate limits of the City of Paris being des~ribed as follows:
Lot 11, City Block 70-B
1639 Pinebluft
"My interest in the above described property is Purchaser and I do request a change in zoning
from Two-Family Dwelling (2F) to a Neighborhood Service District (NS).
"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?
SWORN TO AND SUBSCRIBED BEFORE ME, by the said John Mark Spencer this 15th day
of August, 2006.
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LAMAR
THAT I, MARILYN GAYLE RAINEY BANGS, a feme sole,
Lamar,
Texas,
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/ for and in consideration
of the Counly of
State of
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o( the sum o( Ten ~nd no/l00 ($10.00) Dollars cash, and other good
consideration,
to me paidx~xIIl"t~lliIbcby RONALD G. SMITH and wife, MONJA SMITH,
of which is hereby acknowledged; and
and valuable
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receipt
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Nine thousand five hundred and no/l00 ($9,500.00) Dollars paid by LAMAR NATIONAL
BANK, Paris, Texas, for tqe grantees herein at their special instance and request,
which sum of $9,500.00 is evidenced by vendor's lien note of grantees herein of
even date herewith, payable to LAMAR NATIONAL BANK as therein provided, secured by
the vendor's lien herein retained and additionally secured by deed of trust of
even date herewith to J. B. Bankhead, Trustee, for the benefit of the holder of
said note. The vendor's lien herein retained is hereby transferred and assigned
to LAMAR NATIONAL BANK, Paris, Texss, and it is subrogated to all the rights
thereto as if i~ were the original grantor herein;
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have Granted, Sold and Conveyed, and by the~. presents do Grant, Sell and Convey. unto the said
RONALD G. SMITH and wife, MONJA"SMITH, herein called grsntees,
whose mailinll address is Route 1, Box 121, Pattonville. Texas 75468
o( the County o( Lamar, Slale o( Texas,
tract or parcel of land in Lamar County, Texas described as follows:
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all that certain
A part of the ISAIAH DAVIS SURVEY within" the corporate limits of the City of
Paris, in City Block No. 70, described by mete~ and bounds as tollows:
BEGINNING at the intersection of the NB line of Pine Bluff Street.with the WB
line of 17th Street NE; ...
THENCE WEST with the NB line of Pine Bluff Street 60 feet, a stske;
THENCE NORTH, parallel with 17th Street NE, 190 feet, s stske;
THENCE EAST, parallel with Pine Bluff Street, 60 feet, a stake in the WI line
of 17th Street NE;
THENCE SOUTH with the WB line of 17th Street NE 190 feet to the place of
beginning, and being the same property described in deed from W. T. Rainey and
wife, Myrl Rainey, to Msrilyn Bangs, dsted August 7, 1972, of record in Book 538,
Page 723, Lamar County Deed Records; reference being made to all the 'above 'men~ .
tioned instruments and records for all necessary purposes. . .
RP 3J.5n~304
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STATE OF TEXAS
COUN'JY OF LAMAR
(Admowle8gment)
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This instrument was aCknowledged before me on the / <('!........ day o( October, , ]9 92,
by MARILYN GAYLE RAINEY BANGS,' - . II
My commis.~i :. BECKV O. LAMCEIlSON ~ri:'}<L D("/<yy(~.WCA.J
.{d.;: j' .., ""/c. SIIIulr... Notary Puli/it, State ,)( Texas
~'. JI!(..~ UJofJ Notary's printed, name:
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STATE OF TEXAS
COUNTY OF
(Acknowledgment)
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This instrument was acknowlellged before me on the day of
by
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My commission expires:
Notary Public, State of Texas
Notary's printed name:
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STATE OF TEXAS
COUNTY OF
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This instrument was acknowledged before me on the
by , of
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day of
My commission expires:
Corporation. on behalf of said corporation.
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Notary Public, State of Texas
Notary's printed hame:
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RP 315PA&!306
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~o II Th. conveyanee evidenced by 'this deed 18 made subject to any and all easements,
right8-of~ay,restrtCt10n8, covenants, condtUons and reservaUons of record applic-
able to the herein described property or any part thereof. including tbe Restrictive
Covenants in instrument of record in Book' 226. Page 112, Lamar County Deed Records.
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TO HAVE AND TO HOLD the above-desc:ribed premises, together with all and singular the rights and
appurtenances thereto in anywise belonging unto the 'said 'iQNALD G. SMITH and wife, MONJA SMITH.
tbeir \
heirs and assigns (orever and I do hereby bind myse If. my
heirs, executors and administrators, to Warrant alld Forever Defend. all and singular the said premises unto the said
RONALD G. SKITH and wife. KONJA SMITH. their
heirs and assigns, allllinst every person whomsoever lawfully claiming, or to claim the same. or any part thereof.
But it is expressly agreed and stipulated that the Vendor's Lien is retained allainst the above-desrribed property.
premises and improvements, until the above-described note , and all interest thereon are fully paid according to
its face and tenor, effect and reading, when this deed shall become absolute.
"
WITNESS my hand at Paris. Texas,
"
this 14th day of October,
, 1992.
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8-14-06
TO WHOM IT MAY CONCERN:
I, Monja G. Smith give John Mark Spencer permission to ask
for a zone change for 1639 Pine Bluff.
City of Paris, Block 70-B
Lot 11.
Thank you,
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g ",;.:~~y"p;;~", DEBORAH C. HEAD ~
il'J:.*.....;{f~ Notary Public i
g.tl'. .tl'. STATE OF TEXAS I>
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