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05&06 Clay Zoning RequestDRAFT J:kAttorneykALICE\ORDWORK\CURRENTk2-7-02 Zoning Ords.wpd February 4, 2002 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 ONE-FAMILY DWELLING DISTRICT NO. 3 (SF-3) WITH SPECIFIC USE PERMIT (39) MOBILE HOME ON LOTS 3 & 4, BLOCK 1, LOCUST HILL ADDITION, REQUESTED BY TRACY CLAY, AGENT FOR PATRICIA VERA, OWNER, 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 HOME 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 OF MARCH 1, 2002. 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 HOME be, and the same is hereby, established on LOTS 3 & 4, BLOCK 1, LOCUST HILL ADDITION, on property belonging to TRACY CLAY, AGENT FOR PATRICIA VERA, OWNER,, so as to include such ONE-FAMILY DWELLING DISTRICT NO. 3 (SF-3) WITH SPECIFIC USE PERMIT (39) MOBILE HOME 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 HOME, 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 a part the Larkin Rattan Survey and a part of Lots Three (3) and Four (4) in Block One (1) of the Locust Hill Addition, being more particularly described as follows: BEGINNING at a stake in the south boundary line of Brown Avenue at a point 89 feet west of its intersection with the west boundary line of 3rd Street S.W.; THENCE West a distance of 61 feet to a stake at the northwest corner of a lot described in deed from Sterling Stamper and wife to Lucy M. Grusendorf, dated September 20, 1932, recorded in Volume 233, Page 426, Lamar County Deed Records; THENCE South a distance of 75 feet to a stake at the southwest corner of the Stamper to Grusendorflot; THENCE East a distance of 61 feet to a stake at a point 89 feet west of the west boundary line of 3rd Street S.W.; THENCE North a distance of 75 feet to the place of beginning, and being the same property described in instrument of record in Volume 77, Page 220, Real Property Records of Lamar County, Texas; reference being made to all the above- mentioned instruments and records for all necessary purposes, and being located in the 300 block of Brown Avenue. 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 $2,000.00, and each and every day's continuance of any violation of the above-enumerated sections shall constitute and be deemed a separate offense. Section 5. That all ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Section 6. That this ordinance shall become effective March 1, 2002. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the 7th day of February, 2002. ATTEST: Michael J. Pfiester, Mayor Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney PARR BROWN ISCO pL,'F HT- ZONIHG CHANGE REQUEST FEBRUARY 5, 2002 TRACY CLAY I; AFFIDAVIT REQUEST FOR AMENDMENT TO ZONING ORDINANCE NO. 1710 ~TATE OF TEXAS ~ COUNTY.OF LAMAR ~ BEFORE ME, the undersigned auUmrl[y, on this day personally appeared TRACY CLAY , who upon GaUl deposes and says: "! ala TRACY CLAY , and my address ts PHONE NUMBER 739-9777 300 NE LOOP 286 and I have a proprietary lnteres: in property located witlHn the corporate limits of the City or Paris being described as followsgT LOTS 3 & 4, ELOCE 1, LOCU$~ NZLL ADDITION BEING THE 300 BLOCK OF BROWN AVENUE "My interest in the above described property is AGENT FOR OWNER and ! do request a change in zoning from TWO-FAMILY DWELLING (2F) Otstrtct to ONE-FAMILY DWELLING NO. 3 (SF-3) District. ~WITH SPECIFIc USE PERMIT MOBILE HOME "In support of said request I ~e answers to questions 1-4: ~bl~e Following/~) ~, Wmll Um re-zoning be )n accordance wlU~ Urn'original comprehensive zon(nu scheme, as represented by the pte-esbabli'sm)ed zoning ordinmme and the long range mas~er plan.and map ti)at bas been adopted by ~b~ ~o~g ordinance7 2. Will tim re-zoned designation be compatible wlUi Um classification and uso of adjoining lands st? as to avoid adverse impact on neighbors? NO 3. I.s'the tract unsuitable for uses permitted under the present zonlnr~ class- (f/lcatton, U~erefore Justifying a change in'zoning? ~lo 4. goes the re-zoning bear a Substantial rela'tionshlp to tile public healU1 safety, morals or general welfare or protect and preserv~ historical .and cultural places and areas or meet a substantial public need? YES . 5, BAS A QOPY' pF TEE rAND DEED BEEN'SUBMITTED? YES Slgila'~re or Applicant SWORN TO AND SUBSCRIBED BEFORE ME, by the said this ,, 8T~ day of JAMU~Y , ~oOZ ,, ' TRACY CLAy N~ar~ Public, State of Texas F JA"'CL. WOBT ]l'(',~lq NOTARY PUBLIC j tate of exas, 1 That we, DAVID L. SMITH and wife, RUBY L. SMITII, of the County of Lamer, State et Texas, for and in consideration of thc sum of Ten and no/100 ($10.00) ...................................... DOLLARS cash, and other good and valuable consideration, to US in hand paid by ?ATRICIA VERA, receipt of which is hereby acknow- ledged; xa~/~x have Granted, Sold and Conveyed, and by ~e presen~ do Grant, SellandConvey, untothesald PATRICIA VERA, whose mailing address is 1131 4th Street SW, Paris, Texas 75460, allthatcertaln of thc County of Lamer, State of Texas, tract or parcel of land in Lamer County, Texas described as follows: A part of Lots Three (3) and Four (4) in Block One (1) of the Locust Hill Addition within the corporate limits of the City of Paris, a part of the Larkin Rattan Survey; described by metes and bounds as follows: BEGINNING at a stake in the SB line of Brown Avenue at a point 89 feet West of its intersection with the WB line of 3rd Street SW; THENCE WEST 61 feet, a stake at the NW corner of a lot described in deed from Sterling Stamper and wife to Lucy M. Grusendorf, dated September 20, 1932, of record in Book 233, Page 426, Lamer County Deed Records; THENCE SOUTH 7S feet, a stake at the SW corner of the Stamper to Grusendorf lot; THENCE EAST 61 feet, a stake at a point 89 feet West of the WB line of 3rd Street SW; THENCE NORTH 75 feet to the place of beginning, and being the same escribed in instrument of record in Book~77, Page 220, Real property ~ . = T .... ~,ntv Texas; reference being made to all the above mentioned instruments and records for all necessary purposes. TO HAVE AND TO HOLD the above descr/bed premises, together wlth ~11 and singular the rights and appurtenances thereto in anywlse belonging unto the said PATRICIA VERA, her heirs and assigns forever and we do hereby bind ourselves, our heirs, executors and administrators, to Warrant and Forever Defend, ali and singular the said premises unto the said PATRICIA VERA, her he r~ and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof, WITNESS our handS atParis, Texas, this 12th dayof April, ,19 89.. DAVID L.~SMITH~, RUBY L. ~;~ITH Address: 1151 4th Street SW Paris, Texas ?5460 STATE OF TEXAS / (Acknowledgment) C0UNTY OF LAMAR f This instrument was acknowledged before me on t b el/f, ,,~ day Apr i I, by DAVID L. SMITH and wife, RUBY L. SMITH~ -- ,19 89, ~ ~,~ ~.1,, ~ ~['" I ~.., ~ ~ Nota~'s printed name:~ /// STATE OF TEXAS f (Acknowledgment) COUNTY OF by This instrument w~ acknowled~d before me on the day of ,19 My COmmi~ion expires: by My commi~slon expires: STATE OP TEXAS f (Corporate Acknowledgment) COUNTy OF This instrument was acknowledged before me on the day of corporation, on beha]f of said corporation. Notary Public, State of Texas otary s prmtrd name: STATE OF TEXAS t COUNTY OF I HEREBY CERTIFY that the foregoing instrument of writing with iks cer tiflcate of authentlcatlon, was filed for record in my office on the day of · . A.D, 19 , at o'clock M.. and wa~ duly recorded by me on the day of in Vol. , page . of the Records 0f said County. , A.D. 19 WITNESS MY HAND and tho Seal of the County Court of said County, at my office in the day and year last above written. ' (L.S.) !* / Counb. Clerk County, Texas By , Deputy. I, Patricia Vera~ give Quality Homes permission to rezone lots three (3) and four (4) of the Locust Hill Addition to the City of Pads for manufactured home. Patricia Vera