05-A Zoning Change 1221 Fairfax
Draft
f:attorney\reswork\current\8-10-07 Zoning Ord
October 1, 2007
ORDINANCE NO.
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
4, BLOCK 7, BELMONT ADDITION, CITY OF PARIS, LAMAR COUNTY,
TEXAS, FROM A ONE-FAMILY DWELLING DISTRICT NO.3 (SF-3) 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 SAVINGS 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 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 ofthe public health, safety, and welfare ofthe citizens ofthe
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 of the City of Paris, Texas and Zoning Ordinance No.
1710 of the City of Paris as heretofore amended is hereby further amended to rezone LOT 4, BLOCK 7,
BELMONT ADDITION, City of Paris, Lamar County, Texas, from ONE-F AMIL Y DWELLING
DISTRICT NO.3 (SF-3) 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:
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SITUATED within the corporate limits of the City of Paris, County of Lamar, and
State of Texas, being a part ofthe Isaiah Davis Survey, and being Lot 4, in Block 7 of the
Belmont Addition to the City of Paris, Texas, as shown on plat of said addition, of record
in the Plat Records of Lamar County, Texas, being number 1221 Fairfax.
Section 3. That the Chief Building Official of the 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 of this 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 ofthe provisions of this 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 ofthe 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 8th day of October, 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: September 20, 2007
The following zoning change request will be presented at the October 1, 2007, meeting of
the Planning and Zoning Commission and the October 8,2007, meeting of the City Council of the
City of Paris for consideration:
1. Kenneth E. Tucker is requesting that the property located on Lot 4, Block 7, Belmont
Addition, being number 1221 Fairf~x, be rezoned from a One-Family Dwelling District No.
3 (SF-3) to a One-Family Dwelling District No.3 (SF-3) with a Specific Use Permit (39)
Mobile Home. The Comprehensive Plan recommends that this property be zoned Moderate
Density Residential.
cc: City Attorney's Office
Received
SEP 11 2007
CITY OF PARts
COMMUNITY DEVELOPMENT DEPARTMENT
P. O. Box 9037. Paris, Texas 75461 .903-784-9234
c~ of Paris
Glty Clerk
APPLICATION FOR ZONING CHANGE
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For Office Use Only Request Number:~CO'l- 0 ~ ~
Date RCVd?~ \ \ 0 \c.r} Mtg Date: \C) \ \:J \.\0]
TYPE OF ACTION REQUESTED:
o Zoning Change
~ecific Use Permit
PROPERTY INFORMATION:
o Planned Development
Address:
l~a \ ~(l' i \'\-ClAt
Name of Business or Building (if applicable):
Lot ~ Block -2- Subdivision
Current Zoning: -S F"3
What is the proposed use of the property? {Jf)L
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Proposed ZoningS '\='_~
4~IJOr IIA(')()uLt'I-#.. HO{..l~r-
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Dewibe the character and/or nature of uses of surrounding property. "'15 L.. hM?,Lj o.'<<"/('~.5 '-'PI /n
vii, /...J 00;:) -K&f"1e U 11/ rJ"
Will the re-zoned designation be compatible with the classification and use of adjoining lands? (fi'J'/ No
If No, how do you propose to reduce any adverse impact?
If No, why are you requesting a change in the permitting uses?
Is the tract unsuitable for uses permitted under the present zoning classification? ~/ No
OWNER/APPLICANT INFORMATION: I" YOu.ro nor fire o~", · "='~I"" """from ~. o~"" roqulrod. "you ". PUITh",,_ tire prop"",, . oopy ot
the contract may be used in lieu of a permission letter ONL Y IF the contract provides that the purchase is contingent upon the applicant successfully obtaining a zoning
change.)
Applicant's Name: .fri::t'lt1rrrU E" rv(.. /'IF,l
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Applicant's Address: C6S '1 1.3 ,H I\/..t: fJJ./f I X Phone: YO"3 "'7 &-.2 <7S vC
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Property Owner's Name: f(f;:rJY\rrH F /C/cke7 77J;c;,-1'!'7/
Property Owner's Address: rJ-t .., 0 Phone:,,2 t'r - $( 8' J.. y'-J IS
............................................... ...... ..............................................
Rj:QU/REO SUBMITTALS (check those items which are included):
rn Completed application signed by the owner/applicant If Planned Development requested, include also:
of Copy of a deed with mete, and bounds tn." ("l ""pic""f a preliminary sQe plan
. 0 r eJ1llission letter from owner
o 0613) of contract to purchase the property
I have carefully read Ihe complete application and know the same is true and correct. I hereby agree to comply with all provisions ottocal,
State, and Federal Laws will be complied with, whether herein specjfied or not. I certify that I am the owner of the abova Property or his
duly authorize~ agent. ~ /
Signed: ~ ~ Address: 85, 137H Nr ~;'J 7iX, 7s<t.o
Print Name: ~ 1;77-~ F TUC1r-p-,t Phone Number: ~::l- 7? ~ _ f?<; I
Date: <? __---9_ = Fax Number:
~dayof ~ ,206:]
JILL II .-
MY COMMISSION EXPIRES ~ 1l ~ ~
--=h 30, 2010 Notary Pu1z3t, "'State of Texas ..
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WARRANTy DEED
fILED fOR I\~COEO
LAI'IN:: re'l: 11 y, I EX
00 FtB '1 ~n 10=. 21
ItATHY i;;\I\LOWE
Gay COUHTY CLERK
BY.-:...._.__DEPUTY
Date: February 8, 2000
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Grantor: Cleavelin E. Gay and wife, Juanita
Grantor's Mailing Address: Paris, Texas 75460
Grantee: Kenneth Tucker and Rhonda Thacker
".
Grant.e'. Mailinq Address:
1221 Fairfax
Paris, Texas 75460
Consideration:
Ten and nO/100 ($10.00) and other good and valuable
consideration, receIpt of which is hereby acknowledged.
Property (inclUding any improvements):
Situated within the City of Paris, County of Lamar and State of
Texas, a part of the Isaiah Davis Survey and being Lots 4 & 5,
Block 7, of the Belmont Addition to the City of Paris, as'shown on
plat of said addition, of record in the Plat R.ecords of Lamar
Cou~ty, Texas.
Reservations from and txceptions to Conveyance and WarrantY:
This conveyance is made and accepted subject to the following
,matters, to the extent same are in effect at this time: Any and
all restrictions, covenants; conditions and easements, mineral
reservations and leases, if any, relating to the hereinabove
described property, but only to the extent they are still in
effect, shown of record in the hereinabove mentioned County and
State.
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Grantor, for the consideration and subject to the reservations
from and exceptions to conveyance and warranty, grants, sells, and
conveys to Grantee the property, together with all and singular the
'rights and appurtenances thereto iri\any wise belonging, to have and
hold it to Grantee, Grantee's heirs, executors, administrators,
successors, or' assigns forever. Grantor binds Grantor and
'Gr3ntor's heirs, executors, administrators, and success~~$ to
warrant and foreVer defend all and singular the propertyt~rantee
and Grantee's heirs, executors, administrators, , SUcc;;essors, and
- assigns against every person whoms~ever lawfUlly craiming or to
claim the same Or any part thereof" except as to the reservations
from and exceptions to conveyance and warranty../ "
When the context requj.res, singular nOUhs and pronouns include
i.,"
RP
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l~{...~,.~j 'KATHY MARLOl!i~,
\~;;;,:,::;~"'f LAJMAR COUNi'I CLERK
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THIS INSTROMENT WAS PREPARED WITHOUT TITLE EXAMINATION.
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C~'::::;Y~...d..'4.. .
~l.ta Gay U
( Acknowled9lDent)
S'l'AT~ OF. TEXAS
COON'l'Y OF LAMAR
This instrument was acknowledged ~fore me on this
of February, 2000, b~ Cleavelin E. Gay and Juanita Gay.
..
KATHLEEN COKER
Notary ~
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1>RBPUBD BY LAW" OI'J'ICB OF:
Clifford, Standifer & McDowell
2765 NE Loop 286
Paris, Texas 75460
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~ay
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Notary PUblic, state of Tenn.
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RP 950 PAGE
44
STATE OF TEXAS ,
COUNTYOFLAMAR." THE
THIS IS TO CER~~~~AIND CORRECT
FOREG01NGEISOOCUMENT ON FILE IN
COPYOFTH"" 'yANO
MY OFFICE. WITNESS,M " . d~ oJ-...
OF 5 L THIS _ 20 ';).:. 1
E COUNTY CLERK .
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Received
SEP 1 1 2007
CITY OF PA~IS
COMMUNITY DEVELOPMENT DEPARTMENT
P. O. Box 9037. Paris, Texas 75461 .903-784-9234
C!!)( of Paris
City Clerk '
APPLlCA lION FOR ZONING CHANGE
For Office Use Only Request Number:J,CO'\ _ 0 \ ~
DateRcvdO~ \~() \CJ\ Mtg Date: \O\I\:J\. \0-]
TYPE OF ACTION REQUESTED:
o Zoning Change
~ecific Use Permit
PROPERTY INFORMATION:
o Planned Development
Address:
ldd- \ Fell,\-G.A,L
Name of Business or Building (if applicable):
Lot~ BIOCk~ Subdivision 1~\f(\(\r\ r
Current Zoning: ~ P3 Proposed ZoningS ~ _ :=)
What is the proposed use of the property? {)I5L 0IJOr I!AOrJIJLflflZ HcJi.....~r-
~~
U" '~~
. \\~~ t~
Describe the character and/or nature of uses of surrounding property, ::; j I1S { ~ .F~ /YJ Il:;, (J IAd:!!t~.) Ut1/T:;
Tff+ILFIl.~ r+-.' 5"/Y!A-II n/IO l1ouSr5 -- /!;::-;ud, i-IooO ;=i?I4r"?tT th1lTJ"
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? @i)/ No
If No, why are you requesting a change in the permitting uses?
OWNER/APPLICANT INFORMATION: (If you are not the owner, a permission letter from the owner is required. If you are purchasing the property, a copy of
the contract may be used in lieu of a permisSion letter ONL Y IF the contract provides that the purchase is contingent upon the applicant successfully obtaining a zoning
change.)
Applicant's Name: kt::/It1rrTU E'" TUC.'/lFl.
Applicant's Address: . C6S '1 I.3,M Iv..t: rtrl.;; 'IX
.
Property Owner's Name: /(F-JIlY1rri-l F /vckn
Phone: cro3 7~.2 '75v'
7jk-kl'!7/
Property Owner's Address: Phone: ).. Ie., - :>( 8'.2. <?4 is
............................................... ...... ..............................................
Rj:QUIRED SUBMITTALS (check those items which are included):
rn Completed application signed by the owner/applicant If Planned Development requested, include also:
ctCopy of a deed with metes and bounds 'frf6l:l1 ~) eel5ie.-"of a preliminary site plan
. 0 reol'lission letter from owner
o 0615) of contract to purchase the property
I have carefully read the complete application and know the same is true and correct. I hereby agree to comply with all provisions of local,
State, and Federal Laws will be complied with, whether herein specified or not. I certify that I am the owner of the above property or his
duly authorize~ agent. ~
Signed: V-c ~ Addre,", 8'5~ /37<-1 Nt 5f-S II!)( .7.5'-;(;0
Print Name:' 1f7/p-~ F / uclr-'t:'/L. Phone Number: ~::t _ 751.:<.. _ 'i?1..,L J
Date: '? ~_-2_ Fax Number:
JI
MY COMMISSION EXPIRES
March 30, 2010
E th
1P- day of ~. ,20~
~ .~~ ~ ~
Notary Pu . ,-State of Texas
fmo r\
SWORN TO A
FILED:
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