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06-E&F Zoning Change request 814 28th NW DRAFT ORDINANCE NO. F:ALICE\ORDWORK\CURREN1\9.10..07 Zoning Ords September 5, 2007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE LOT 7, BLOCK 1, SPERRY'S FIRST ADDITION, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A ONE-FAMILY DWELLING DISTRICT NO.2 (SF-2) TO A ONE-FAMILY DWELLING DISTRICT NO.3 (SF-3) WITH A SPECIFIC USE PERMIT NO. (39) FOR A MOBILE HOME; DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER CLAUSE, A SA VINGS CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of 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, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That the Official Zoning Map ofthe City of Paris, Texas and Zoning Ordinance No. 1710 of the City of Paris as heretofore amended is hereby further amended to rezone LOT 7, BLOCK 1, SPERRY'S FIRST ADDITION, City of Paris, Lamar County, Texas, from ONE-F AMIL Y DWELLING DISTRICT NO.2 (SF-2) to ONE-F AMIL Y DWELLING DISTRICT NO.3 (SF-3) WITH A SPECIFIC USE PERMIT NO. (39) FOR A MOBILE HOME, said property being more particularly described as follows: SITUATED within the corporate limits ofthe City of Paris, County of Lamar, and State of Texas, being a part of the Asa Jarman Survey, Abstract #479, and being Lots 3, 6, & 7, in Block 1 of Sperry's First Addition tot he City of Paris, Texas, of record in Envelope 4-B ofthe Plat Records of Lamar County, Texas, being number 814 28th Street NW. Section 3. That the Chief Building Official ofthe City of Paris be, and he is hereby, directed to change the Official Zoning Map of the City of Paris, Texas to reflect the changes set forth in this ordinance. Section 4. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 5. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage ofthis ordinance. Section 6. That it is the intention ofthe City Council ofthe City of Paris that this ordinance, and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 7. That any person violating any of the provisions ofthis ordinance shall be guilty ofa 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 8. That this ordinance shall become effective immediately upon its passage. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the 10th day of September, 2007. Jesse James Freelen, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney MEMORANDUM TO: Chairman and Members of the Planning and Zoning Commission Honorable Mayor and Members of the City Council FROM: Lisa A. Wright, Director of Community Development SUBJECT: Zoning Change Requests , DATE: August 17,2007 The following zoning change request will be presented at the September 4,2007, meeting of the Planning and Zoning Commission and the September 10,2007, meeting of the City Council of the City of Paris for consideration: 1. Wesley Lester is requesting that the property located on Lot 7, Block 1, Sperry's First Addition, being number 814 28th Street N.W., be rezoned from a One-Family Dwelling District No.2 (SF-2) to a One-Family Dwelling District No.3 (SF-3) with Specific Use Permit (39) Mobile Home. The Comprehensive Plan recommends that this property be zoned Moderate Density Residential. cc: City Attorney's Office CITY OF PARIS COMMUNITY DEVELOPMENT DEPARTMENT P. O. Box 9037 . Pa~is, Texas 75461 .903-784-9234 APPLICATION FOR ZONING CHANGE For Offlce Use Only Request Numbera trn- 01\ Date Rcvd: O~lL( \\5\ Mlg Dale: 0'\\0--\. \0\_ TYPE OF ACTION REQUESTED: ~oning Change o Specific Use Permit o Planned Development -( e~ PROPERTY INFORMATION: Address: Name of Business or Building (if applicable): I Block I S t='-d Lot Subdivision S~n .'-\ So h ",,-+ <2 ..-- '7 /::>:"\ '" .! U , . ~mposed Zoning: - ::1 \" ,~:J . VJ1,) ~~~C"-\ ~e l ~ , \- J?~~X ,"(.",,~ ~~ What is the proposed use of the property? f\\\QJ\""\\ \~ \ \()'~'r'\'l '_ Describe the charncte, andlo, nature of uses of surrounding pmperty..! d", 1/1 f' ,J M ~ /' C J (dfiFJ _ f'o.-r(V^ '" /o<.{ Current Zoning: e'5 Will the re-zoned designation be compatible with the classification and use of adjoining lands? ~ No If No, how do you propose to reduce any adVerse impact? Is the tract unsuitable for uses permitted under the present zoning classification? Yes @ If No, Why are you ,equesting a change in 'he pennining uses?,t4."" Ib- I' I/J~ e /?i'"J c4i1,i(~ /f J//p /Jf,tiJ~~ -Pu.r . ~ /0 Lc '.j , 6 /'- a 4. i..c> I Yl.iiJ. a:... j)I..I2~}{).l' .j.q: OWNERlA""""'ANT I NFO RMA bON: 'ffyou." Uof ,.. o""~, . """''''on ~.~'rom ... 0_" "qu'>>d. ff you.~ pure""n. tho propony,. ropy of tho 'Mtn", m.y b..... 'n 'ku of. penn'ulon ,..~ ONL Y ,p tho '0,",," Pro'ld~ 'h"th. P<mha~ is _n_ "pon tho ,"ptl<om ,u,,,,,,"tly _'nl... 'M'n. change.) Applicant's Name: Ne." /..p f p 1. t":", I'r'> r I diJ.. Applicanl'sAddress: #')..6 /lw /57h vc;--;;'/!...r ff y'4L,L(:; rJ Property Owner's Name: il/ie/d O' ,,17ft /J1tJ.Jl/{)IlJ .,.1 e."\/p; Pmperty Owners Address: l?,.? 0 I1l fA} , dJ t/ tit? r i ~ (II Phone: 90 '3 _ 7 Y:f-,f /.71 .......................~............................................................................. REQUIRED SUBMITIALS (check those items which are inCluded): lBtompleted application signed by the owner/apPficantR'ece.v ~ Planned Development requested, include also: rB'Copy of a deed with metes and bounds , r e~ Four (4) copies of a preliminary site plan ltI-Permission letter from owner o Copy of contract to purchase the property AUG 1 5 2007 Phone: 9r.:?r~-0 7 ~ ?c..s (' I have carefUlly 'ead the complete application and know th,lt,same), I,"~ and correct. I he,eby ag,ee to comply with all pmvisio", ot local, State, and Fede,al Laws will be complied with. whethe' hw!!i)! qJeRam.., not I cart,ty that I am 'he owne' of the above property 0' h<s duly authorized agent. CIty Clerk Signed: /&)~ Add'e,", 9';(0 /7LU / <; LA 11,,!s /";? :>,;7,1:&15 printNa~e: '. /r'c. """..5"4:- -- : Phone Number: 90:3 _ 571- 7&31' Date: fr- /'71- c.> 7 /' Fax Number: SWORN TO AND SUBS 4~of~ .o.i5 0 1;, uJ. c?tti _yJ~,~. 7a5/~o ~ /.3; dOG 7 iz, wk d 7h'd- ~I i ~;;(~~,~~ ~ /J7044^- ~ / ~ 7L ~ (:Lt ? / If 71 U)- J8~ h P{V[M,. ~. - ~.~ I~/~, &-Jv /, M7. oJtt4~~UdtAw~ CCue J~ ~~ -r: a 77~ ~~, 11J.e pla-n it ~ y~ ~~ Ii ~ v<ML . W~J;. X!~ ad ,<Uvk OAt- f2:4U~, UJq ~ c~ -te ~ d~ ~ u {WvL ~~ ~,unb~ a/y~f .k '/1Lti:j In ~h fLU ~~ trK ~ ~~1' ~,~7~ /l7~ ~~ . - I / ~ ,. .. .,.. 5409' GENERAL WARRANTY DEED (Cash)! M ~ S:"2l -~ (J' ,-or ,." (");.', -0 0 ( :'-, ;~ ,-' \ -<. ;J \ c;"'C ::q ,0 1'1 cCO ",0 " r-' :"Jr t;-;' \.:-> -.., ;;>:r'l c U1 ';':'1 -< .:.- I;';:; -< THE STATE OF TEXAS I I I KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR TIiAT TIm UNDERSIGNED, RICKEY COLEMAN PARTRIDGE AND WIFE, NANCY ANN PARTRIDGE, hereinafter referred to as "Grantor", whether one or more, for and in consideration of the sum ofTEN DOLLARS ($10.00) cash, and other good and valuable consideration in hand paid by the Grantee, herein named, the receipt and sufficiency of which is hereby fully acknowledged and confessed, have GRANTED, SOLD and CONVEYED, and by these presents does hereby GRANT, SELL and CONVEY unto MARION LESTER AND WIFE, LINDA GAIL LESTER, herein referred to as "Grantee", whether one or more, the real property located in Lamar County, Texas a part of the ASA JARMAN SUn'ey AB, 479, and BEING LOTS 3, 6, &7 IN BLOCK 1 OF SPERRY'S FIRST ADDITION TO THE CITY OF PARIS, TEXAS, OF RECORD IN ENVELOPE 4.B OF THE PLAT RECORDS OF LAMAR COUNTY TEXAS. This conveyance, however, is made and accepted subject to any and all outstanding mineral interest, restrictions, reservations, easements, covenants and conditions, if any, relating to the hereinabove described property as now reflected by the records of the County Clerk of Lamar County, Texas. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee, Grantee's heirs, executors, administrators, successors and/or assigns forever; and Grantor does hereby bind Grantor, Grantor's heirs, executors, administrators, successors and/or assigns to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee, Grantee's heirs, executors, administrators, successors and/or assigns, against every person whomsoever claiming or to claim the same ot any part thereof. EXECUTED this 1.1 th day of SEPTEMBER, 1996. . t?~C~~ RICKEY LEMAN PARTRIDGE . IZ:~~ ~ NAN ANN PARTRI E 'R? 635&158 hD.ral ".r'r'.n~v .b..d-Paa. 1 a~ 2 .. . St,' g''': t( l fi. J f...~. ..~; " r ,.1: .," w; , T t i t ~ ./ , .I Grantee's Address: (After Recording, Return To:) MARlON LESTER JJ8 WEST SHERMAN PARIS, TEXAS 75460 STATE OF TEXAS COUNTY OF LAMAR 5409 ~ ~ ~ The foregoing instrument was acknowledged before me on th~ 11TH day of SEPTEMBER, 1996, by RICKEY COLEMAN PARTRIDGE AND WIFE, NANCY ANN PARTRIDGE. . ...~.... c:Q ", ~C;STA -o'TEliAs~ MY COMMISSION EXPIRES: m' D. BRADl!Y tIJTCHlSON . ~ . Notary PIlblIc .~, SIote 01 'Gal \o09CCmn1111on EllIlM 1~1-96 tJenerat ".rra..n~v n..d..P.~ 2 o~ .2 PRINTED NAME OF NOTARY .......... R? 63511159 --- ! I (' /1- ,~~~ /~- . 1/ ~ : l'ftf t.:~ ~,t~ li', R- jo!- -, FI{} '.' I 1tJi '\', -,