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03-C&D Zoning Change - 3100 Old Tigertown Road DRAFT F:ALICE\ORDWORK\CURREN1\12-11-06 Zoning Ords December 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 ONE-FAMILY DWELLING DISTRICT NO.3 (SF-3) WITH SPECIFIC USE PERMIT (39) MOBILE HOME ON LOT 13-F, CITY BLOCK 324 (10.01 ACRES), REQUESTED BY SIDRLEYPOSEY, WITH CONTRACT TO BUY, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS AN AGRICUL TURAL DISTRICT (A); DESIGNATING THE BOUNDARIES OF THE ONE-FAMIL YDWELLING DISTRICT NO. 3 (SF-3) WITH SPECIFIC USE PERMIT (39) MOBILE HOME 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 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 ONE- F AMIL Y DWELLING DISTRICT NO.3 (SF-3) WITH SPECIFIC USE PERMIT (39) MOBILE HOME be, and the same is hereby, established on LOT 13-F, CITY BLOCK 324 (10.01 ACRES), REQUESTED BY SHIRLEY POSEY, WITH CONTRACT TO BUY, so as to include in such ONE- FAMILY DWELLING DISTRICT NO.3 (SF-3) WITH SPECIFIC USE PERMIT (39) MOBILE HOME the hereinafter described property, which was formerly and is presently designated as an AGRICULTURAL DISTRICT (A), and that the boundaries of said ONE-F AMIL Y DWELLING DISTRICT NO.3 (SF-3) WITH SPECIFIC USE PERMIT (39) MOBILE HOME 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 Lot 13-F, City Block 324 located at 3100 Old Tigertown Road. Section 3. That the Chief Building Official ofthe 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 January 1,2007. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the 11th day of December, 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 9 COUNTY OF LAMAR 9 BEFORE ME, the undersigned authority, on this day personally appeared Shirley Posey who upon oath deposes and says: "I am Shirley Posey whose address is 574 CR 35960, Arthur City, TX 75411, and whose phone number is (903) 732-4819 , and who has a proprietary interest in property located within the corporate limits of the City of Paris being described as follows: Lot 13-F, City Block 324 -Part of 19.38 ac., (10.01ac) . 3100 Old Tigertown Road My interest in the above-described property is Contract to Buy , and I do request a change in zoning from Aqricu/tural District (A) to a One-Family Dwellinq District NO.3 (SF-3) With Specific Use Permit (39) Mobile Home'. "In support of said request' 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 deed provided (' I ~ ..f Signature of Ap . SWORN TO AND SUBSCRIBED BEFORE ME, by the said Shirley Posey on this 15th day of November, 2006. FILED: If-It;,,.-O{p ~~~~ol02~ N ..~ of Texas JANICE WORTHAM NOTARY PUBLIC STATE OF TEXll.~ T"'. MEMORANDUM TO: Mayor and City Council Planning and Zoning Commission Shawn NaPier,~'\\ . City Engineer / D~~~r of Public Works FROM: DATE: November 27,2006 SUBJECT: Watson Addition I have reviewed the preliminary plat of the above referenced addition. It appears that the preliminary plat complies with the City of Paris subdivision regulations with the following exception. 1. Dedicate five (5) foot of Right-of- Way (ROW) along 21 st Street S.E. 2. Add a five (5) foot utility easement along Lamar Ave. 3. Show the existing zoning as general retail (GR). 1 recommend approval of the preliminary plat upon completion of the above items. cc: Tony N. Williams, City Manager Lisa Wright, Director of Community Development Jim Nelson, Nelson Surveying Co.