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02-C&D Zoning 235 32nd NW DRAFT F:ALICE\ORDWORK\CURRENT\ 3-14--05 Zoning Ords March 9, 2005 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 NEIGHBORHOOD SERVICE DISTRICT (NS) WITH SPECIFIC USE PERMIT (28) MORTUARY AND FUNERAL PARLOR ON LOTS 16AND 17, BLOCK 4 OF THE MAYER ADDITION, REQUESTED BY JAMES AND TENNIE WOOTEN, AGENTS FOR KENNETH RHODES AND ROBERT W. BRAINARD, OWNERS, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE-FAMILY DWELLING DISTRICT NO.2 (SF -2); DESIGNA TING THE BOUNDARIES OF THE NEIGHBORHOOD SERVICE DISTRICT (NS) WITH SPECIFIC USE PERMIT (28) MORTUARY AND FUNERAL PARLOR 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 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 ofthe 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 ofthe 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) WITH SPECIFIC USE PERMIT (28) MORTUARY AND FUNERAL PARLOR be, and the same is hereby, established on LOTS 16 AND 17, BLOCK 4 OF THE MAYER ADDITION, REQUESTED BY JAMES AND TENNIE WOOTEN, AGENTS FOR KENNETH RHODES AND ROBERT W. BRAINARD, OWNERS, so as to include in such NEIGHBORHOOD SERVICE DISTRICT (NS) WITH SPECIFIC USE PERMIT (28) MORTUARY AND FUNERAL PARLOR the hereinafter described property, which was formerly and is presently designated as a ONE- F AMIL Y DWELLING D IS TRI CT NO.2 (SF - 2), and that the boundaries of said NEIGHBORHOOD SERVICE DISTRICT (NS) WITH SPECIFIC USE PERMIT (28) MORTUARY AND FUNERAL PARLOR 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 Lots 16 and 17, Block 4 of the Mayer Addition to the City of Paris, a part of the Larkin Rattan Survey, according to plat of such Addition of record in Book 1, Page 123, Lamar County Plat Records, to which reference is made for a complete description and all other necessary purposes, being numbered 235 32nd Street N.W. 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 ofaMisdemeanor, 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 April 1, 2005. PASSED AND ADOPTED by the City Council ofthe City of Paris, in regular session on this the 14th day of March, 2005. Curtis Fendley, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney KENNETH J. POSEY 220 32ND N.W. PARIS, TX 75460 We the undersigned owners of propertI located in the area of the proposed zoning change of a property located at 235 32od NW Paris, TX 75460 lots 16 and 17 of the Mayer addition. Weare against the zoning change request of this property from a neighborhood service district to a Neighborhood Service District with specific use permit (28) Mortuary and Funeral Parlor on Lots 16 and 17, block 4 of the Mayer Addition, being located at 235 32od Street NW. . ......................................................................... Phone # ~TPoS(! V ~U --=?J-fPWW 3 ò.3 -)3 q-C¡J-q I 6(;( m f? ( ( \ \ Owner Owner Phone # Address Phone # Address Tenant Tenant ~(10/ ~ Owner Address ' V 4 lJ Phone # 90 3 - í~Ç~ 3~' Tenant tj'{? ).11-(/ Phone # Owner d iJct. f 'J ~ vi Address I ~ c) I 'Í ~ JUt tv. , Phone # Tenant ~Æ1 rn ~ Phone # Phone # Phone # 20'J - lfl' t.J ~ k / ~ Tenant -.,&~~ Phone # Phone # g/l.t-VlL 'V'-~'" , .r~ JLj.D ;:5/ )¡vJ 7 f"~ ?J 6 ~ J Owner ~~ð~ / Owner Address Address Tenant Phone # Phone # Owner Ç¿£1u ~ ~ Address / 1J5 - ~, çt '17 . ¿J , Phone# 9tJ3- ?ÇJij J /~ Tenant ~~ ~.. Phone# CY¿g- 7ft! lilof Own er ~ &J \1u.- Address }. "f ir '3}" Î)V lù Phone # -7 ~ 'j 3 3 1. ~ Tenant \) hit . ~- ,(\ ~, - '\ ~ / v ~ CtJ\O\ W~ liJ.u.o'!V\.J Owner 1..0 tJ. tJ:. 3:l~ Address It ~c1-' cg l zD Phone # Tenant 1(/V.~1.V ((J1!/~/.pþ ~ Phone # "1 ¡p 1; 11.:.,p~ 0 ~ '7 Owner Q~ &Cut C-." 01.- Address "7 Cf 3':¡Nc:f. Ns LA..) Phone # (103) 7$<f -5/ 77 Tenant Owner (J~ fbh1/! ~ r. Address / LJI'J ..~dJt tJ /1 I ~I ) '-Phon~#-"c?tÎ. J 1~.~ ,- 9i5~ Owner Address Phone # Tenant Phone # Phone # Tenant Phone # Owner --- Owner Address Phone # Tenant Phone # Owner Address Phone # Tenant Phone # ,~~ Owner Address ,j, 5ð "3 ~ ¡2c! 7ì W Phone # C~ () 3/1 k'.4 /l16 ~ ÅJA fit //. - Owner 'tJ ~ i I ,;,~ Address ~-, =1 ~ /J r)/ AI tV Phone# (q(J~) ~R.ç;=-~~/¿ Tenant Phone # Tenant Phone # 6 t,vY\-fV- ~s ~\A -f Address Owner Address Phone # Tenant Phone # --- --".n., -""--n.... ~ 3 ?t(L,/ 5h ~)'1(( ¡(oS.~ I :J 5- /ti/J :3 3 #^J.. C'ò3'737-t~ l '" ~(SqWll/~ 11' '~3 ,r L-Q JJ ~ Cf 0 ~ 'l tr J- Cd1)-Y I ,{¿¿;¿ M..t! >-;~ ,,-J 0 j ')r--.""" c-~ c~ KENNETH J. POSEY 220 32ND N.W. PAùRIS,TJe 75460 We the undersigned owners of property located in the area of the proposed zoning change of a property located at 235 32od NW Paris, TX 75460 lots 16 and 17 of the Mayer addition. We are against the zoning change request of this property from a neighborhood service district to a Neighborhood Service District with specific use permit (28) Mortuary and Funeral Parlor on Lots 16 and 17, block 4 of the Mayer Addition, being located at 235 32od Street NW. ......................................................................... Owner [;-7..-1.-'11>' i i--V Address 1./~ ~ oN tJ 3 I <JJ Phone # :-7 (f313'1 ~ ~ ~ 11-. Tenant Phone # Owner Address Phone # Tenant Phone # Owner Address Phone # Tenant Phone # Owner Address Phone # Tenant Phone # ~;s~ Sho/d 3 Z{Xo ~ ~ LA- 7Ò~ --12«'3777 ^ t --- /1 (:&;/ ~ tr ~~ t' .vlå. ~. ..' 3,1(; " 531u2 /1./. t¿ , 1~g '~/8,? -¿¡<6¡ Owner Address Phone # Tenant Phone # Owner Address Phone # Tenant Phone # ~\.À.L ~rcc.~> , ~ 0 3) tVJJfv4 ~~~ C',\ ~ ~~~~v..~ ~cl. ~~.~ . ~\~~... ~.~\ c\ \,"\Û~ ~>-IU-' ~tJ.~- '\~,- ~\~.~ ß~/ð ¡f%/J.(f' 7 2 SO. 32j1J/J f r /t/¡V o{jQJ,J 739-2{;~ Owner TIlAJj~ ~í 9;nar: I d4 Address 9ß.- 3:2. n,eL ¡ N W;a - Phone# ~o3 - 78'/- ;2.1fO~ Tenant Phone # Owner (}~.þfJgq tf ~~ Address la..(o ð !J/ IIJ~ ~ ~ Phone# {C¡O3) /8'.5-/333 Tenant Phone # KENNETH J. POSEY 220 32ND N.W. PARIS, TX 75460 We the undersigned owners of property located in the area of the proposed zoning change of a property located at 235 32od NW Paris, TX 75460 lots 16 and 17 of the Mayer addition. Weare against the zoning change request of this property from a neighborhood service district to a Neighborhood Service District with specific use permit (28) Mortuary and Funeral Parlor on Lots 16 and 17, block 4 of the Mayer Addition, being located at 235 32nd Street NW. ......................................................................... Owner ~.;V ~ Owner Address ~ Z. -/):' andIA- ~ Address Phone # 9Þ~' 7¡J-~~ Phone # Tenant /cr1- ¡;¡,o/ /Jf.;r, ~ Tenant Phone # Phone # Owner Owner Address r Acidrcss ... .- Phone # Phone # Tenant Tenant Phone # Phone # Owner Owner Address Address Phone # Phone # Tenant Tenant Phone # Phone # Owner Owner Address Address Phone # Phone # Tenant Tenant Phone # Phone # 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 James and Tennie Wooten, who upon oath deposes and says: "I am James and Tennie Wooten and my address is 307 E. Pierce. Clarksville. Texas 75426 and my phone number is (903)~27 -3025 and I have a proprietary interest in property located within the corporate limits of the City of Paris being described as follows: Lot 16, 17, Block 4, Mayer Addition 235 32nd Street NW "My interest in the above described property is Agent for owner and I.do request a change in hborhood Service District NS With and Funeral Parlor. . . "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? NO 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? YES Ch-/r nature of Applicant -w ;;$; SWORN TO AND SUBSCRIBED BEFORE ME, by the said James and Tennie Wooten this 27th day of January, 2005. FILED: /, d-.1. ' 0 S- ~~ 'C-L ?J~ W~ tary Public, State of Texas JANICE l,.. WORTHAM ::! NOTARY PUBLIC i ~ STATE OF TEXAS 'I' ,\\~ #1# My Commission Expires 05-12-2005 "11/11\\\" ';""~ . .~ t ~Slff~ ~ -W~ ? / I W-v ~ .~ ~. . 67~¡1/uJh t-/..IJ~ , I 7M 1fi a.3.5 ) þ~ "\,-. .ia . 1/,f 4?~'. 6y {(1. f) /II /r #J ¡;; Iff);; - J? -05 , 1\~ 1- ~--, -óS Bk CI() 0 11491:) OR Va]. 1423 :P:9 '200 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RÉCORDS: ' , ' YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBE~ WARRANTY DEED (\vitb Vendor's Lien -- To Secure Assumption) COUNTY OF LAMAR ) ) ) KNOW ALL MEN BY THESE PRESENTS: ' THE STATE OF TEXAS THAT THE CHURCH OF THE NAZARENE, INC., A Texas NoD-Profit Corporation, ; by and through its duly authorized Trustees, Da~iel McCleskey, Michael Malone,and Sam Sisson (herein called "grantor"), of the County of Lamar, State of Texas, for and in consideration of: the sum ofTen and no/tOO ($10.00) Dollars cash to it in hand paid by ROBERT W. BRAINARD' . and KENNETH E. RHODES, SR., receipt ofwhicb is hereby acknowledged; and , . , , ' ' The further consideration of the gr.antees' agreement to pay and assùmption of the,balance , ' , ' due, owing and unpaid on a note dated February 3. 1994 in the original principal sum of$56,OOO.00, i " executed by The District Advisory Board of the Dallas District Church of the Nazarene, Inc. to : LAMAR NATIONAL BANK, Paris, Texas, payable as therein provided, and secured by deed of trust of even date therewith, of record in Book 424, Page 327; Lamar County Real Property Records. ; covering the within described property; the payment of this note having been assumed by grantor: . I , herein in deed da~e,d February 19, 1997, of record in th~ Real Property ,Records of Lamar County, : " Texas; has Granted, Sold and Conveyed, and by these presents does Grant, Sell and Convey unto, ROBERT W. BRAINARD and KENNEm E. RHODES, SIt (herein called "grantees"). of the County of Lamar. State of Texas, where their mailing address is 169 32nd N.W., PARIS, TX 7546,° all those certain tracts or parcels of land in Lamar County, Texas described as follows: - , -1- ........1 r'r'..L1 ,...01 C'nc 1 I , 1-1 ":I )01 LII-I" T >I::¡ LJ ~ es:'.C:;:11 SO sa uer >, t" T , -;. ~ . . : "', ,:,'-:'" ".." ." ':',. "-',~"'-;:,'~'~:' ,~:.,~:::~:~.~ -'f:':;;~:¡;.)r;:~:"';',~"",""""""':.::~,-:' " ::.:',>~':':'-'.::;:':..~-:.~""t;-::::.~"'::~:~ ',', 0':':" e.k ()OO:L :L 4-91:) OR Vo1 1~23 P's ,2() 1 , Lots 16, 17 and 18 in Block Four (4) of the MAYER ADDITION within the coxporate limits of the City of Paris, a part of the LARKIN RA IT AN SURVEY, according to plat of such Addition of record in Book 1, Page 12~, Ilunar County Plat Records, to which reference is made for a complete description and all other necessary purposes. The conveyanèe evidenced by this deed is made subject to any and all easements, rights-of- . way, restrictions, covenants, conditions and reservations of record applicable to the within described' property or any part thereof. TO HAVE AND TO HOLD the within described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto ROBERT. W. BRAINARD and, KENNETH E. RHODES, SR., their heirs or assigns forever; and grantor hereby binds itself, its. s~ccessors and assigns, to Wammt and Forever Defend, all and singular the within described property and premises unto ROBERT W. BRAINARD and KENNETH E. RHODES, SR., their heirs and : , . assigns, against every person whomsoëver 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 as . . ' , ' aforesaid against the within described 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; but that a release of such note and indebtedness and the liens securing: same by the owner and holder. thereof shalt be sufficient to release the liens herein retained without' Fi led for Record in: the execution of any release Q,ynþtor herein, its successors or assigns. . On: Jal\. 20.2004 at œ=l4P . WITNESS this 12th day of January, 2004. As 0. . , ,., Recordinls' Alount: 0OOl1~90 17.00 CHURCH, OF THE NAZARENE, INC~ A Texas Non-Profit Corporation BY: ~=M~5"' ~ i ,I , , Docuaent Hu.ber: R9cejpt Hulber - 54-58 Bit Gretchen Btlls I l\fiCHAEL ONE, Trustee ~JVY1 g~",- SAM SISSON, Trustee . -2- ".d ",,'¡'J CRI s:"n~ "llìl-l-:¡>I IJI-I~T>I-:¡WH eES:tt SO SZ uer THE STATE OF TEXAS ) ) ) COUNTY OF LAMAR Bk O()O 1 :L 49() OR Va1- 1 4.23 PSI 21:)2 THIS instrument was acknowledged before me on the ~ayofJanuary, 2004, by DANIEL McCLESKEY, in the capacity therein stated. . l)l:UORAH C. HEAD NOTARY PUBLIC STATE OF TEXAS at My Com" I. Exp. 01/0512005 (l, THE STATE OF TEXAS ) ) ) COUNTY OF LAMAR THIS instrument was ~knowledged before me on the k:;(lb.day of January, 2004, by MICHAEL MALONE, in the capacity therein stated. . - .. ,..... ~.--.~.~.A. .. ."'..~ t~( ¡-!'II'" IW'AI¡ , """;', IJFr¡I(...\.to.' .:i\..\,' r!(n.^nY~'III\I.lt: I ' I . I ' ,- . . . ",. '-I/,'I:~ \ ',\" .' t "" r " ,~;(.I!' t!0/1","'.\i~l.n'1!II'.J;.'!~!i '.. ,..' t . , -. ,. ..' ~ - " ".1,' ',1f""'" "'~.V""~J"ô'.... .......... .., THE ST ATE OF TEXAS ) ) ) COUNTY OF LAMAR - THIS instrument was ackno'fledged before me on the ~ day of January. 2004, by SAM SISSON, in the capacîty therein stated:" . ., .. ~.-...". ,.-..,..~..~.-~~-- ..-...-.. n ): .'" "". III"I;:¡;'/\IIC : n"(\.' , J {(' "" ,j!'I role » IN rf ! -, '1 II I' : ~'I "L') t ¡~ '\~ F,. ~;! /\1 ~: f'~ H ll\,:~ , '~:',;~'"7~"~~'~ ~ .Pk¡ ~.f,r: In f~;,II!I'~Ií'I\J:; . / :dæd , ' TIDS INSTRUMENT WAS PREPARED SOLELY FROM INFORMATION AND ON. ' I INSTRUCTIONS GIVEN TO US BY OUR CLIENT. NO TITLE OPINION, TITLE: EXAMINATION, OR OTHER INFORMATION HAS BEEN FURNISHED TO US IN CONNECTION WITH ITS PREPARATION. A. W. CLEM, ATIORNEY AFTER RECORDING RETURN TO: Robert W. Brainard/Kenneth E. Rhodes, Sr. 169 32nd Street NW ~exas Z54qo v.d ££vl. SBl. £06 -3- ,,1..1. ìH3~ IoH::I:J I ~3WH e~9:tt 90 S~ uer .- . ..' ':". . ". . ~..,...... ,. . . t I , a . WlINIY Or lJ'M" ' ) . 1\' t ~ œtffy that this ilstrument was tiled 011 8Dd time slImped hereOn ÞJ me and was duly . \he ~ in ttIe woMne IIId pap of the named reCord :U-~T_.~""byme. ,. . . -'. Z.d EEvl. SBl. EOS ^.l-'1::I3~ f.J1::I:JI~3WI::I eSS=tt SO S~ uer