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02-A&B 1st & Kaufman Zoning DRAFT F:ALICE\ORDWORK\CURRENT\ 4-11-05 Zoning Ords March 29, 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 CENTRAL AREA DISTRICT (CA) ON LOT 5-A, CITY BLOCK 179-A, ON PROPERTY BELONGING TO THE CITY OF PARIS, REQUESTED BY TONY WILLIAMS, CITY MANAGER OF THE CITY OF PARIS, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A PUBLIC LANDS AND INSTITUTION DISTRICT (PLI); DESIGNATING THE BOUNDARIES OF THE CENTRAL AREA DISTRICT (CA) SO ESTABLISHED; PROVIDING FOR A PENAL TY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CO NFLI CT HEREWITH; AND D ECLARIN G AN EFFECTIVE D ATE. 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 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 CENTRAL AREA DISTRICT (CA) be, and the same is hereby, established on LOT 5-A, CITY BLOCK 179-A, on property belonging to THE CITY OF PARIS, so as to include in such CENTRAL AREA DISTRICT (CA) the hereinafter described property, which was formerly and is presently designated as a PUBLIC LANDS AND INSTITUTION DISTRICT (PLI), and that the boundaries of said CENTRAL AREA DISTRICT (CA) 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 5-A, City Block 179-A and also being 0.0821 acres out of a 0.2734 acre tract of land in the Larkin Rattan Survey, Abstract No. 778, being part of Lot 2, Half Block 4 of Paris, Texas, the plat of which is recorded in Volume G, Page 299 of the Lamar County Deed Records (L.C.D.R.); and being part of that certain tract of land described in deed dated November 3, 1989, to the City of Paris, recorded in Volume 122, Page 234 of the Lamar County Real Property Records (L.C.R.P.R.); said 0.0821 acre tract of land is more particularly described by metes and bounds as follows (all bearings cited herein are referenced to due East along the south right-of-way line of East Kaufman Street per Volume 122, Page 234 L.C.R.P.R.); BEGINNING at an "X" in concrete found in the south right-of-way line of East Kaufman Street (40 feet wide per Volume G, Page 299, L.C.D.R.) and the west right-of-way line of 1st Street SE (40 feet wide per Volume G, Page 299, L.C.D.R.) for the northeast comer of said Lot 2, Half Block 4; THENCE South, along the west right-of-way line of said 1 st Street SE and the east boundary line of said Half Block 4, a distance of 108.00 feet to an "X" in concrete set for the southeast comer of said Half Block 4 and the most easterly northeast comer of that certain tract of land described in deed dated December 18, 2003, to Gibraltar Hotel, LLC, recorded in Volume 1417, Page 156 of the Lamar County Official Public Records (L.C.O.P.R.), from which a found PK nail bears North 05 deg. 34 min. East, a distance of2.34; THENCE West, along the south boundary line of said Half Block 4 and said plat of Paris, Texas and the most easterly north boundary line of said Gibraltar Hotel, LLC tract, a distance of 33.10 feet to an "X" set in concrete; THENCE North a distance of 108.00 feet to an "X" set in concrete in the south right-of-way line of East Kaufman Street and the north boundary line of said Half Block 4; THENCE East (Reference Bearing), along the south right-of-way line of East Kaufman Street and the north boundary line of said Half Block 4, a distance of 3 3.10 feet to the POINT OF BEGINNING and containing 0.0821 acre of land, being numbered 40 E. Kaufman Street. 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 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 May 1, 2005. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the 11 th day of April, 2005. Curtis Fendley, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney 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 Tony N. Williams. City Manager. acting on behalf of the City of Paris. Paris. Texas. dulY authorized, who upon oath deposes and says: "I am Tony N. Williams. City Manaaer. actina on beb.IDf.Qf1he CitY..QfParis. paris. Texas. duly authorized, whose address is P.O. Box 9037, and whose phone number is .<903) 785-7511, and who has a proprietary interest in property located within the corporate limits of the City of Paris being described as follows: Lot 5-A, City Block 179A 36 & 40 E. Kaufman Street "The City's interest in the above-described property is Owner, and I, on behalf of the City of Paris, do request a change in zoning from Public Lands and Institutions District PLI to Central Area ~. "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? ES ~ SWORN TO AND SUBSCRIBED BEFORE ME, by the said 101\7 )J. \Vì(\~'\""S 7th day of March, 2005. . CHARLES BRADLEY OSBORNE Þ /J II. ~ r, ^ NOTARY PUBLIC ~ ~ .. STATE OF . tary Public, State of Texas , My ComInb8IOn on this ..", "" "" II IIU"'" "", I "", """"," "" '"11/1 """'"' ~ ~. .......n.'" MAR 0 7 2005 City of Paris