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09&10 Powell RequestDRAFT J:\Attorney\ALICE\ORDWORK\CURRENT\12-6-01 Zoning Ords.wpd December 3, 2001 ORDINANCE NO. _______________ AN ORDINANCE 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 TWO-FAMILY DWELLING DISTRICT (2F) WITH SPECIFIC USE P ERMIT (25) DAY CARE CENTER ON LOT 30, CITY BLOCK 61, ON PROPERTY BELONGING TO KEVIN P OWELL, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A TWO-FAMILY DWELLING DISTRICT (2F); DESIGNATING THE BOUNDARIES OF THE TWO-FAMILY DW ELLING DISTRICT (2F) WITH SPECIFIC USE PERMIT (25) DAY CARE CENTER SO ESTABLIS HED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HER EWITH; AND PROVIDING AN EFFECTIVE DATE OF JANUARY 1, 2002. WHEREAS , the C i ty 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 reco mmendation in accordance with the City zoning ordinance and State law; and, WHEREAS , the Pla nning and Zoning Commission did conduct a public hearing on said proposed amendment to the C ity 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 t he 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 NOW, THEREFORE, the City of Paris; 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 TWO- FAMILY DWELLING DI S TRICT (2F) WITH SPECIFIC USE PERMIT (25) DAY CARE CENTER be, and the same is hereby, established on LOT 30, CITY BLOCK 61, on property belonging to KEVIN POWELL, so as to include in such TWO-FAMILY DWELLING DISTRICT (2F) WITH SPECIFIC USE PERMIT ( 25) DAY CARE CENTER the hereinafter described property, which was formerly a nd is presently designated as a TWO-FAMILY DWELLING DISTRICT (2F), and th at the boundaries of said TWO-FAMILY DWELLING DISTRICT (2F) WITH SPECIFIC USE PERMIT (25) DAY CARE CENTER, 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 part of the I. Davis Survey, Abstract. No. 253, being Lot 30, City Block 61, being the same property described in a Deed recorded in Volume 502, Page 342, Lamar County Deed Records, and being more particularly described as follows: BEGINNING at an iron pin set a nd a Bois D'Arc stake found for a corner, said point being a distance of 304 feet south from the poi nt of intersection of the south boundary line of Tudor Street and the west boundary line of 6th Street N.E.; THENCE with the west boundary line of 6th Street N.E., south a distance of 53 feet to an iron pin set for corner; THENCE West a distance of 189 feet to an iron pin for corner; THENCE North a distance of 53 feet to an iron pin for corner; THENCE East a distance of 189 feet to the place of beginning, containing 9,828 square feet of land, more or less, being number 533 6th Street N.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 sa me, 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 January 1, 2002. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the 6th day of December, 2001. ____________________________________ Michael J. Pfiester, Mayor ATTEST: ____________________________________ Mattie Cunningham, City Clerk APPROVED AS TO FORM: ____________________________________ Larry W. Schenk, City Attorney AFFIDAVIT REQUEST FOR AMENDMENT TO ZONING ORDINANCE NO. 1710 STATE OF TEXAS I COUNTY-OF LA)~R ~ -' · ' BEFORE ME, tile undersigned auUiority, on tills day personally appeared · KEVIN POWELL , who upon oath deposes a~d says: "1 alii KEVIN POWELL , and my address is PHONE NUMBER 903-783-0898 533 6th Street NE and I have a proprietary interest in property located within the corporate limits of tile City of Paris being described as follows: Lot 30, City Block 61 533 6th Street NE "My interest in the above described property is Ol~ER ,. and I do reques~ a change in zoning from TWO-F.6J4IL¥ DWELLING (2Fi. Oistrlct to TWO-FAMILY DWELLING (2F) District. WITH SPECIFIC USE PERMIT (25) DAY CARE CENTER "in support of said request; I make U~e rollowtng answers to questions 1-4: 1, Will the re-zoning be in accordance with Use'original comprehensive zoning scheme, as represented by the pre-established zoning ordinance and tile long range master plan .and map that has been adopted by U~e zoning ordinance? 2. Will the re-zoned designation be compatible wIU~ tile classification and use of adjoining lands sq as to avoid adverse in)pact on neighbors? 3. Is the tract unsuitable for uses permitted under the present zoning class- Jflcatton; Umrefore Justifying a change in'zoning?. YES 4. Does tile re-zoning bear a substantial rela'tlonsblp to the public bealtlh safety, morals or general welfare or protect and preserv6 historical .and cultural places and areas or meet a substantial public need? YES . 5, tI/LS A COPY' QF TUE EANO DEED BEEM'SUBMITTED? XES Signature ~'f -/~pp ]'t c'~f4 t this SWORN TO AND SUBSCRIBE0 BEFORE ME, by the said 8TH day of NOV~BER , )Opl KEVIN POWELL W~ary Public, State of Texas FILED: ~,\ MoLLie LJUilnl ngllam, NOTARY PUBLIC D STATE eF TEX~S ~ My Comm. Exp. 05-12-2005 [ TEXAS HOME EQUI~ SE~ ~STR~E~ (Cash Out - F~rst Lien) ~ 808.~d51 thc dcb~ c~dcac~d by thc No~ ~dth iz~cr c~ end ell rcuc~ril~ e.~ cnsmtu ~d m~ralc~t o~s of th~ N~c, (b) thc peymcat of ell othcr sum. x, w~th ~t~rc~ a~c~d under p~.agrzph 7 to protcc~ thc sccuf~ty of th~s S¢~'v~/ 808 152 . akc rc airs. Although ~adcr m~ take aglon und;r thk~ p~a~a?7. ~dyr d~ nm cntcrmgon thc pro,ay to m ~[~cd b" Borrowct to thc ~dcr or Tr~xtc¢ that wo~a ~ot=t¢ pro~o~ ~ a~ · c ~ ~ pr~ ~d ~ priori ~ a~omafi~y ~ reformed to thc c~cnt uccc~ to (s~) (s~.~) ~ 808~iu160