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07&08 Gheen 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 AN OFFICE DISTRICT (O) ON LOT 5, CITY BLOCK 109, ON PROPERTY BELONGING TO RICKIE GHEE N , SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A MULTIPLE-FAMILY DWELLING DISTRICT NO. 1 (MF-1); DESIGNATING THE BOUNDARIES OF THE OFFICE DISTRICT (O) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDI NANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE OF JANUARY 1, 2002. WHEREAS , the City Council of the City of Paris, Paris, Texas, has prev i ously 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 Commissi on 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, an d 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 an OFFICE DISTRICT (O) be, and the same is hereby, established on LOT 5, CITY BLOCK 109, on property belonging to RICKIE GHEEN, so as to include in such OFFICE DISTRICT (O) the hereinafter described property, which was formerly and is presently designated as a MULTIPLE-FAMILY DWELLING DISTRICT NO. 1 (MF-1), and that the boundaries of said OFFICE DISTRICT (O), 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, City Block 109, and being more particularly described as follows: BEGINNING at a stake for corner in the southeast corner of Lot 5, City Block 109; THENCE North a distance of 150 feet to a stake in the northeast corner of said lot; THENCE West a distance of 79 feet to a stake in the northwest corner of said lot; THENCE South a distance of 150 feet to a stake in the southwest corner of said lot; THENCE East a distance of 79 feet to the place of beginning, being number 717 E. Austin 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 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 ST~E OF TEXAS COUNTY.OF LA~R ~ BEFORE ME, Um undersigned authority, on ithis day personally appeared RICKIE GHEEN , whq upon oatll deposes a~d says: "I sm RICKIE GHEEN , and n~ address ts PHONE NUMBER 737-1911 913 SOUTH CHURCH an~ I have a proprietary interest In property located within the corporate ltlai[s of the City of Paris being described as follows: LOT 5 CITY BLOCK 109 717 EAST AUSTIN "My interest in the above described property is OWNER and I do request a change in zoning From MULTIPLE FAMILY NO. 1 iMF-l) Olstrtct to oF~cs ¢o) District. "In support of said request I make the f~llowtng answers ~o questions 1-4: 1, Will U~e re-zoning be in accordance W)U1 the'original comprehensive zoning scheme, as represented by bile pre-established zoning ordinance and tile long range master plan.and map that )las been bdopted by the ~ontng ordinance? YES, THERE ARE PARKING LOTS ALL AROUND THIS~ROPERTY 2. Will tile re-zoned designation be compatible wltU tim classification and usaof adjoining lands so as to avoid advers~tmpact on neighbors? YES, A FENCE OR SCREENIN~ WALL WILL NEED TO ~E BUILT 3. 'Is 'tile tract unsuitable for uses per)lllt~ed under tile present zoning class- tflcatton,' UmKe~ore Justifying a change tn'~oning? 4. Does tile re-zoning bear a substanttql rela'ttonslHp to Um public Uealtll, safety, morals or general welfare or protectmand preserv6 htstoricsl and cultural places and areas or meet a substantial publtq need? Y~S THERE IS A NEED FOR MORE PARKING IN THE AREA · 5, ~A~S A CQ?~ pE T~E CANO DEED OEEH'S~BMITTED~ ~¥ES , Signature of Appliqant SWORN TO AND SUOSCRIBED BEFORE ME, by ~e said this 8 day of Nov~ , )0~:~. RICKIE GHEEN No~ary'Public, State of Texas NOTARY PUBLIC FIELD NOTES LOT 5 CITY BLOCK 109 717 EAST AUSTIN BEGINNING AT A STAKE FOt~ A CORNER IN THE SOUTHEAST CORNE~kOF LOT 5 CITY BLOCK 109 THEI~CE NORTH A DISTANCE OF 150 FEET TO STAKE IN THE NORTHEAST (~ORNER OF SAID LOT THENCE WEST A DISTANCE OF 79 FEET TO A STAKE IN THE NORTHWEST CORNER OF SAID LOT THENCE SOUTH A DIST~kNCE OF 150 FEET TO A STAKE IN THE SOUTHWEST CORNER OF SAiD LOT THENCE EAST A DISTANCE OF 79 FEET TO THE PLACE OF BEGINNING.