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05&06 - Calvin GibsonJune 4, 2001 JUN 08 2001 Planning & Zoning Commission, CITE ATTORNEY : P/tRIS, ?EX 8 This letter is to inform the Planning & Zoning Commission of how disappointed I was to personally witness how "pitiful" the planning and zoning process is within the City of Paris. The specific meeting was held on June 4, 2001 at 5:30 PM. I received a letter from the City of Paris, infbrming me the planning and zoning commission was considering a proposed change in zoning. Per the letter, dated May 23, 2001, the proposed change is as follows: from a Two-Family Dwelling District (2F), to a One Family Dwelling District No. 3 (SF-3) With Specific Use Permit (39) Mobile Homes, Lots 19 and 20, City Block 160, being numbers 1050 and 1106 5m SE. The letter continued that as an interested property owner within 200 feet of this proposed change, I was invited to make my views known. What a wonderfnl opportunity. I actually went there believing my opposition to just such a zoning change would not fall on confused ears. I was wrong. At this meeting, there was a great deal of confusion about exactly what was a mobile home and what was manufactured housing. Several times, the property owner requesting the proposed change stated his intentions of placing a "mobile home" on the property. It was not until the representatives of a local manufactured home dealer influenced him to realize it was not in his best interest to continue referring to them as "mobile homes". All of a sudden, the mobile home became manufactured housing. Also this appeared to sway a planning and zoning commissioner who xvas originally emphatic there is no difference in the two. Somehow, in his mind too, the mobile home became manuf:actured housing. While I do not profess to be an expert on this subject, I certainly would hope that thc officials that are responsible for passing or denying would at least understand the basics of what they are considering. I also ~vould hope they would get their education from someone other than a business trying to sell one. There was also significant confusion on how the proposed "Master Plan" viewed mobile homes/manufactured housing (even the manufactured housing representative raised this question). There was even confusion on what are the current guidelines fbr this type of housing (a p&z member asked if a driveway could be added and Steve Methven said one was already a requirement). it is important to note, the issue at hand was specifically stated as "Mobile Home" per the City of Paris, May 23,2001 letter. Even the manufi~ctured housing representative implied that "mobile homes" ~vere substandard. While I am still amazed at witnessing the miracle of a mobile home becoming manufactured housing, does the planning and zoning action potentially allow for the property owner to move-in a "Mobile Home"? While I'm sure this is an issue for the la',wers, it appears to have created a loophole. Also of concern is the actual date of the City Council meeting where the City Council will take action on this proposed change. Per the letter, this meeting xvill be on Monday, June 11,2001. During the Planning and Zoning Meeting a member of the Planning and Zoning Commission stated the meeting is Thursday, June 7, 2001. Obviously more confusion is introduced to an already confusiug situation. When is it'? It now becomes crystal clear. When you want to get to your way in The City of Paris, befuddle the empowered with doses of confusion until they say what you want. In this case, it didn't take much. it is also apparent decisions are being made ~vith limited knowledge of facts. I sincerely ~thougbt that this was the purpose of this Commission. You don't have to be an expert, but at least research the sitnation prior to acting on any issue, especially one that had been tabled in opposition. More importantly, I noted two people, that own property within 200 feet of the subject property, expressing sincere opposition, myself being one of them. My views were there was apparent confusion on what the current or proposed guidelines are for a mobile home or even manufactured housing. Also stated ~vas the sincere concern of this action adversely affecting my property values. I had a painter scheduled this week to begin painting this property in an effbrt to increase the worth of my property and better the neighborhood. This work xvas cancelled immediately after Monday night's meeting. Also, you can tbrget any other improvements. Now, there is absolutely no incentive to make such improvements. Why put money into something that is a losing proposition. Even a planning and zoning commissioner wouldn't be confused about that. Your actions are truly motivating. They are so motivating that I will invest elsewhere. Such a zoning change does not benefit the neighborhood or the City of Paris as a whole. You should not have sent this to the City Council. You should treat your decisions as il' they affected the property next to your house. In other words, if you couldn't (or wouldn't) live with it, don't lbrce anyone else to. it would be interesting to see how many plmming and zoning members would have voted favorably if they were within 200 feet. If any would like to find-out, please call me. I just so happen to have a house that fits this description for sale. Since you do not think your decision will adversely affect property values, I'll consider letting you have it at the curren~j~raised value. Hunter Moore 903.737.8433 DRAFT LISA\ORDINANCES\CURRENT\6-11-01 Zoning Ordinances June 7, 2001 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 HOMES ON LOTS 19 AND 20, CITY BLOCK 160, ON PROPERTY BELONGING TO CALVIN GIBSON, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A TWO- FAMILY DWELLING DISTRICT (2F); DESIGNATING THE BOUNDARIES OF THE ONE-FAMILY DWELLING DISTRICT NO. 3 (SF-3) WITH SPECIFIC USE PERMIT (39) MOBILE HOMES SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING 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 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 of 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- FAMILY DWELLING DISTRICT NO. 3 (SF-3) WITH SPECIFIC USE PERMIT (39) MOBILE HOMES be, and the same is hereby, established on LOTS 19 AND 20, CITY BLOCK 160, on property belonging to CALVIN GIBSON, so as to include in such ONE-FAMILY DWELLING DISTRICT NO. 3 (SF-3) WITH SPECIFIC USE PERMIT (39) MOBILE HOMES the hereinafter described property, which was formerly and is presently designated as a TWO-FAMILY DWELLING DISTRICT (2F), and that the boundaries of said ONE-FAMILY DWELLING DISTRICT NO. 3 (SF-3) WITH SPECIFIC USE PERMIT (39) MOBILE HOMES, be, and the same are hereby, established as follows: Tract One: Lot 19, City Block 160 SITUATED within the corporate limits of the City of Paris, County of Lamar, and State of Texas, being a part of the Larkin Rattan Survey, being Lot 19, City Block 160, also being the same property described in deed from Linden Graham and wife, Lounell Graham, to J. S. Gibson and wife, Mildred Gibson, also being the same property as described in deed from J. H. Poteet et ux to Linden Graham et ux, dated March 20, 1947, recorded in Volume 297, Page 65, Lamar County Deed Records, and being more particularly described as follows: BEGINNING at a stake in the west boundary line of 5th Street S.E. (formerly South 24th Street), at a point 84 feet north of the southeast corner of the lot 200 x 281 1/2 feet conveyed by R. F. Scott to R. D. Logsdon on September 15, 1908, as shown in Volume 129, Page 251, Lamar County Deed Records; THENCE North with said west boundary line of said street a distance of 42 feet; THENCE West a distance of 150 feet; THENCE South a distance of 42 feet; THENCE East a distance of 150 feet to the place of beginning, being number 1050 5th Street S.E. Tract Two: Lot 20, City Block 160 SITUATED within the corporate limits of the City of Paris, County of Lamar, and State of Texas, being a part of the Larkin Rattan Survey, being Lot 20, City Block 160, and being the same property described in deed from Clay Phipps to Calvin R. Gibson, recorded in Volume 710, Page 162 of the Lamar County Deed Records, also being the same property described in correction deed from Robert A. Burns et ux to Clay Phipps dated November 7, 1986, and being more particularly described as follows: BEGINNING at a stake in the west boundary line of 5th Street S.E., same being the northeast corner of a lot conveyed by R. D. Logsdon and wife, Edith M. Logsdon, to L. A. Adams and wife, Bess Adams, on December 8, 1943, as shown in deed recorded in Volume 275, Page 83, Lamar County Deed Records; THENCE North with the west boundary line of said 5th Street S.E. a distance of 42 feet to the southeast corner of a lot conveyed by R. D. Logsdon and wife, Edith M. Logsdon, to Ramon Kilgore; THENCE West with the south boundary line of said lot a distance of 150 feet to the southwest corner of said lot; THENCE South a distance of 42 feet to the northwest corner of the L. A. Adams lot; THENCE East with the north boundary line of said Adams lot a distance of 150 feet to the place of beginning, being number 1106 5th Street S.E. 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 July 1,2001. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the 1 lth day of June, 2001. ATTEST: Michael J. Pfiester, Mayor Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney AFFIDAVIT REQUEST FOR AHERDMENT TO ZONING ORDINANCE NO, 1710 STATE OF TEXAS COUNTY.OF LA~R " BEFORE HE, the undersigned auUmrtty, on Uds day personally appeared CALVIN GIBSON. , WIlD upon oath deposes an'd says: PHONE NUMBER 784-1040 965 SW 1ST and I have a proprietary interest tn property located within the corporate limits of the City oF Paris being described as follows: "My interest in the above described property is and I do ~'equest a change in zoning ~'rom ~"*70-FAMILY Ols[rlc[ to ONE-F~ILY DWELLING ,NO. 3 (SF-3) District. WITH SPECIFIC USE PE~IT (39) MOBILE HOMES "In support of said reques~ I make Um following answers [o questions 1-~: I. WU1 U~e re-zoning be In accordance wlU~ the'or~glnal comprehensive zoning scheme, as represented by Um pre-es~abll'shed zoning ordJna~ee and U~e long range master plan.and map that bas been adopCed by the zon~n9 ordinance? YES g. Wtll 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 class- tl'lcation; UleFefore Justifying a change tn'zoning? NO 4. ODes the re-zoning bear a substantial rela'ttonsMp to tile public healU~, safety, morals or general welfare or protect and preserv~ historical and cultural places and areas or meet a substantial public need? · 5, HAS A COPY* 9F TLtE Cb, liD DEED BEEN'SUBMITTE~%~ YES SI~:~r~ o[ Appllcanb SWORN TO AND SUOSCRIDED BEFORE ME, by the said this 4TH day of APRIL , ~0,0! · CALVIN GIBSON State N~ary Public, of Texas That Z, CLAY PHZPPS, not Jotned hareln by my wife, es the herelnafte: described property constitutes-no part of our homestead; ol~eBumol Ten and ~o'/lO0 ($I0.00) .................................... ~'''~OLL~-~' Cash and other good and valuable consideration to in~nd~id b, me CALVIN R, GIBSON, the receipt of which t's hereby ecknowledged~. '~i ~ ':'B Cal~tn R~ Gtbson tra~t or parcel of land, s~tuated tn L~mar Cou~ty~ Texls'ind descrSbed as fo~]ovs~ S~tus~ed In Lamar County, Texss, a part of the LarkJn Rattan Surve~ and In Lot 20 C~t~ Block 260, described as follovs: BEGI~HIflG at a stake on the ~BL of Sth St'. S.E.~ Edtth H. Logsdon to L. A. Adams and vtfe, Bess Adams on December 8, as shorn tn deed of record 1n Book ~75, Page 83, Lamsr Count~ geed THE~[ flOR~ ~tth the ~ of sa~d 5th St. S.E., 42 feet to the S~C of i lot conveyed by R. D. Logsdon and vSfe~ Edith H. Logsdon .to R~mon K~lgore~ TKE~C[ ~[ST vJth the SB~ of same, 1S0 feet to t~e T~EH~ SOUT~ 42 ft. to the ~ of the L.A. Adams .THENCE EAST with the ~Bb of same, 1S0 feet to t~e place of be~Snnlng. Being t'h~ same propePt~ As described Iff coPrectlon deed f~om Robert A. Burns et ux to ClA~ Ph~pps dated November.7, (s. over) .~ . . . The conve~&nce evidenced b)' th~s de~d ts .ed~ subject to in.v ind ili ilsemln~l~ restrictions, covlnan~l~ conditions proper~ or in~ pl~ thereof.' ' ~ '" ' ," . '.'::-.~ ..: . .:' · :..../ :. ':.'..-~:.:... ~'... ~..~.:,.,,.' ,.......,. TO HA¥~ AND TO HOLD ClOven K. G~bson, hSs Calvin R, Gibson, his .! I · he tate of exas, ( ount l uf That IN,JT [Ben by l?ese [resents: WE, LINDEN GRAH~ AND ~FE, LOUNELL GRAHAM, of the County of Lamar State of Texas for and in consideration ofthesum of Ten and No/lO0 ($10.00) ............................................... Cash and other consideration to US pald,~&mmm.me~xboxk'~lmidcby DOLLARS J. S. GIBSON AND WIFE, MILDRED GIBSON, the receipt of which is hereby acknowledged, and $3000.00 paid by The Liberty National. Bank in Paris, for the grantees herein, at their special instance and request, which said sum of $3000.00 is evidenced by a ven- dor's lien note of grantees, of even dst%payable to The Liberty National Bank in Paris or order at Paris, Texas, payable in monthly installments~f $37.50 each, beginning July '15, 1969 and $37.'50 on the 15th day of each month thereafter until the full ~m.o~.qt~ said note is paid, bearing interest from date at the rate of 8~% per annum, interes~-payable monthly as part of said monthly payment; the vendor's lien retained herein being hereby transferred and assigned to The Liberty National Bank.in ~aris 'and it is subrogated to all the rights thereto as if it were the original grantor; which said indebtedness is further secured by a Deed of Trust of grantees to V. E. have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey, unto the said J. S. Gibson and wife, Mildred Gibson, o[the County of Lamar State of Texas all that certain tract or parcel of land, situated in Lamar County, Texas, and described as follows, to-wit: Being a part of the Larkin Rattan Survey on the West side of 5th St. S.E., for- merly South 24th Street, in Block No. 160, Paris, Texas; BEGINNINGoat a stake in the WB line o~'said 5th St. S.E., at a point 84 feet Norther the SE corner of the lot 200 x 281% feet codWeyed by R. F.Scott to R. D. Logsdon on September 15, 1908, as shown in Book 129, Page 251, Lamar County Deed Records; THENCE NORTH with said ~'~ line of said Street, 42 feet; THENCE WEST 150 feet; THENCE SOUTH 42 feet; THENCE EAST 150 feet to the place of beginning. Being the same property as described in Deed from J. H. Potter et ux to Linden Graham et ux, dated March 20, 1947, of record in Book 297, Page 65, Lamar County Deed Records.