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05&06 Caton 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 COMMERCIAL DISTRICT (C) WITH SPECIFIC USE PERMIT (52) SIGNS AND BILLBOARDS ON LOT 5, CITY BLOCK 307, ON PROPERTY OWNED BY TWT HOLDINGS, LTD, SO AS TO INCLUDE THEREIN TERRITO RY FORMERLY DESIGNATED AS A COMMERCIAL DISTRICT (C); DESIG NATING THE BOUNDARIES OF THE COMMERCIAL DISTRICT (C) WITH SPECIFI C USE PERMIT (52) SIGNS AND BILLBOARDS SO ESTABLIS HED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF O R DINANCES IN CONFLICT HEREWITH; 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 t hat a COMMERCIAL DISTRICT (C) WITH SPECIFIC USE PERMIT (52) SIGNS AND BILLBOARDS be, and the same is hereby, established on LOT 5, CITY BLOCK 307, on property owned by TWT HOLDINGS, LTD., so as to include in such COMMERCIAL DISTRICT (C) WITH SPECIFIC USE PERMIT (52) SIGNS AND BILLBOARDS the he reinafter described property, which was formerly and is presently designated as a COMMERCIAL DISTRICT (C), and that the boundaries of said COMMERCIAL DISTRICT (C) WITH SPECIFIC USE PERMIT (52) SIGNS AND BILLBOARDS, 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 Reddin Russell Survey, Abstract No. 786, and being all of a called 7. 345 acre tract of land described in Deed from James R. Starnaler to Ross Ward, d ated the 12th day of September 1983, and recorded in Volume 661, Page 8 96, Deed Records of Lamar County, Texas, and being more particularly described as follows: BEGINNING at a 3/8" R.S. Rod (f) at the lower northe ast corner of said called 7.345 acre tract of land in the west boundary line of U.S. Highway 271, same being the southeast corner of a called 2.00 acre tract of land described in deed to the State of Texas, recorde d in Volume 597, Page 678, Real Property Records of said county and state; THENCE S 3° 44' 54" E along the west boundary line of said highway a distance of 256.570 feet to a 5/8" R.S. rod (s) at the upper southeast corner of said called 7.345 acre tract of land, same being the northeast corner of a called 0.859 acre tract of land described in deed to Ronnie Walton, recorded in Volume 665, Page 245, Real Property Records of said county and state; THENCE S 89° 53' 12" W a distance of 300.080 feet to a 3/8" R.S. Rod (f) at an inner corner of said 7.345 acre tract of land and northeast corner of said called 0.859 acre tract of land; THENCE S 4° 00' 52" E a distance of 125.301 feet to a 3/8" R.S. Rod (f) at the lower southeast corner of said called 7.345 acre tract of land and southeast corner of said called 0.859 acre tract of land in the north boundary line of a called 4.29 acre tract of land described in Deed of Trust from Rex Adams, recorded in Volume 824, Page 160, Real Property Records of said county and state; THENCE S 90° 00' 00" W a distance of 553.351 feet to a 3/8" R.S. Rod (f) at the southwest corner of said called 7.345 acre tract of land and northwest corner of said called 4.29 acre tract of land in the east boundary line of the St. Louis and San Francisco Railroad; THENCE northeasterly along the east boundary line of said railroad, being a curve to the left (Central angle - 5° 52' 26". Radius - 5779.650 feet. Chord bearing and distance - N 11° 15' 31" E. 592.276 feet) an arc distance of 592.535 feet to a 5/8" R.S. Rod (s) at the northwest corner of said called 7.345 acre tract of land and southwest corner of a called 5.566 acre tract of land described in deed to Assisted Living Concepts, Inc., recorded in Volume 833, Page 258, Real Property Records of said county and state; THENCE N 90° 00' 00" E a distance of 264.000 feet to a 3/8" R.S. Rod (f) at the upper northeast cor ner of said called 7.345 acre tract of land and northwest corner of said called 2.00 acre tract of land in the south boundary line of said called 5.566 acre tract of land; THENCE S 3° 47' 00" E a distance of 200.403 feet to a 5/8" R.S. Rod (s) at an inner corner of said called 7.345 acre tract of land and southwest corner of said called 2.00 acre tract of land; THENCE N 89° 54' 30" E a distance of 435.029 feet to the place of beginning and containing 7.423 acres of land, being number 2805 N. Main 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 t he 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 $2,000.00, and each and every day's continuance of any violation of the above-enumerated sections shall constitute and be deemed a separate offense. Section 5. That all ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Section 6. That this ordinance shall become effective January 1, 2002. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the 6th day of December, 2001. ____________________________________ Michael J. Pfiester, Mayor ATTEST: ____________________________________ Mattie Cunningham, City Clerk APPROVED AS TO FORM: ____________________________________ Larry W. Schenk, City Attorney AFFIDAVIT NEQUEST FOR AMENDMENT TO ZONING ORDINANCE NO. 1710 ( STATE OF TEXAS COUNTY .OF LA~R ~ " DEFORE ME, Um undersigned authority, ~n Uds day personally appeared GREG ~^TOI'l , ~llo upon oal;h deposes and says: "I am GREG CA~O~ , and my address is : PHONE NUMBER 903-452-3239 ~_o. ROX 8955 TYLER. TE~S 75711 ~nd I have a proprietary lnteres~ ~n property located wttldn the corporate ltedts BE Um C~ty of Paris being described ~ follows: LOT 5 ClTY BLACK 307' "My tn:crest ~n the above described property ~s AGEN~ FOg O~R and I do requesg a change ~n zoning from ~CO~ERCIAL O~S~r~Ct tO CO~ERCIAL with specific use ~e~it District. (52) SIGNS ~D ~ll~ following to questions 1-4: "In suppor: of said reques~ I make answers 1. Will the re-zoning be in accordande wJU~ the'original comprehensive zoning scheme, as represenLed by Um pre-e~abl{shed zoning ordinance and long range mas~er plan.and map tllat has be~n ~dopted by the zoning ordinance? YES 2. WI11 Um re-zoned designation be ~ompatible with the classification and usa oF adjoining lands so. as to avoid adverse Impact on neighbors7 YES 3. Is tile tract unsuitable for uses rpermttted under tile present zoMn~ class- Iflcat$on,' Lherefore Justifying a change ~'zontng? NO 4. Does tile re-zoning bear a substan[tal rela'ttonshlp to tile public healUi, safety, murals or general welfare or protect and preserv~ historical .and cultural places and areas or meet a substantial public need? .5, this BAS A COPY' .OF TSE rAND DEED BEENI'SUBMITTED? YES .~ Signature or Appllcant~,~~/,~c HatLle gunnlngllanl~ t;ll;y k;lerg ~ SWORN TO AND SUBSCRIDED BEFORE ME, b~ the said GREG CATON b - 30th. da~ of NOVEMBER , ~ 0l , Notary Public, State of Texas t~-~ STATE OF TE~S ~ FIELD NOTE DESCRIPTION All ihat certain tract or parcel or land situated in Lamer County. Texas. in Ihe Norlh part or the cily o1' ParJ~: bein*:j parllal' th~ ' Reddin Rulsell'Sgrvey. AbHract No. 786: and ~eln~ aJJ or a call.d 7.~45 acre Irocl a~ land described in Deed [rom James ~. Slarn01er Io 661. Page .SgG. Oecd flec6rd* o~ Lamer Counly. Texas: and being more parliculorJy~ ~scribed a~ [a~lozz. Io-xit: 8e~i~njnS at a ~/~' ~ia. R. S. Rod (l'ound) al I~e re,er Norlheatl corner or iald called 7.345 arr, Iracl or land. in Ihe ~ett fine .or U. S. Hi~xay No.' 27h ~ame being I~e Soulheazt ~orntr or a ~lled 2.00 acr~ Iroct or land delcrJbed ia Deed lo the S~ale or Texas (Vol. S~7. Pa~e 67~ ~R): Thence $ 3" 44' 54' E. along the Y~eH line of *aid high~ay, a diHance of 256.570 reel to a '~/8' dlia. R. S. Rod (set1 al Ihe upper 5outhealt corner al' said called 7.3~$ acre tract al' land: ~amq being the Northeasl corner aT a called 0.659 acre Iract of land delcribed in Deed Io Ronnie Mellon iVol. 665. PacJe 245 RP): Thence S 89" ~' 12' W. a all,lance of 300.0~0 reel to a 3/8' dia. R. S. Rod (l'ound) at an inner ~:o!rner~'ai'' said 7.~)4c[ acre Iract or land and Northwest corner of sa~d call!ed 0.SSg acre tract oi' land: Thenc. e S 4' 00' 52' [;"-6 d'iHanc, e or {25.30i r,,~ io o 3/8' dia. R. S. Rod (found) al Ihe la,er Sou!heart corner of ,aid called 7.345 acre Iroct or land and $oulheesl Corner or lald called O.§Sg ocr~ tract or land. in Ihe North line oi' a ~alled 4.2(~ acre Iracl of land de~crlbed in Deed or TruH l'rom Rex Adams (¥ol. $~4. I~age I§0 RPI: Thence S 90'.00' 00' W. a all,lance 0i".535.;~51 reel to a 3/8' S. Rod (i'o~nd) al the South,alii corner o'( ~ald' c'~iled 7.545 acre iracl o( land and Norlh~e~l corner o1' ~,p~d..cdlle~ 4.2cj acre tract oi' land. in the E:asl line oi' Ihe SI. L~uis and San ~ranclsco Railroad: Thence Norlhea,lerl¥.ialong the E~sl'line ai' said Railroad. bei. n~ a Curve Io Ihe Left. (Cenlral ajngle - 5' 52· 26'. Radius - 5779.650 Feel. C}~or'd b,*aring and dhla~ce - N I1' iS' 31' E. §g2.27§ feet) an arc distance of 5(~2.53.5 .Feeli to o'.5/8' dia. R. S. Rod (Jet) at .Norlh~'eH .corner or said ~a~'l'bd 7.3.4.5 acre tract of'land, and Souiheesl corner oi' a called .5.566 acre tract or land described in Deed to Al~izted Living Concepl~. Inc. (Vol. 8;~,. Page 2.58 RP): Thence N 90' 00' 00' [. a ~?tonce of 264.000 i'eet to a ~3/8' dia.'R. S. Rod (Found) a~ the upper ~orlheasl corner' of said called 7.3,45 acre Iracl or land and Norlh~re~l c~orner or laid called 2.00 acre Iracl land· in Ihe South line of said coiled .5..506 acre Il'act o~' land: Thence S 5' 47' 00' E. a distance of 200.403. Feet I'o a .5/8' dia. R. S. Rod .(tel) at on inner corner oi` sa~d c&lled 7..34S acre Iracl or land and Soulh~e~t corner al' *aid called 2.00 acre traal of ~and: Thence N 89' 54' 3.0' E. o ~istance of' 455.02g i'eel becjinnln~ and conta~nincJ 7.42~ acres of land. to Ihe place The bearing* recited herein are bo,ed on the Deed call of the Ia,er ~outh llne al` ~ald called 7.3.45 acre Iract or land ([~asl A. Well).