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03&04 Chamy Zoning RequestDRAFT J:\Attorney\ALICE\ORDWORK\CiJRRENT\2-7-02 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) ON TRACT 1 AND PLANNED DEVELOPMENT DISTRICT - HOUSING DEVELOPMENT (PD- b) ON TRACT 2, BOTH TRACTS BEING PARTS OF LOT 2, CITY BLOCK 308, REQUESTED BY JOE CHAMY, AGENT FOR J. R. LANE, OWNER, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS AN AGRICULTURAL DISTRICT (A); DESIGNATING THE BOUNDARIES OF THE ONE-FAMILY DWELLING DISTRICT NO. 3(SF-3) ON TRACT 1, AND PLANNED DEVELOPMENT DISTRICT - HOUSING DEVELOPMENT (PD-b) ON TRACT 2, BOTH TRACTS BEING PARTS OF LOT 2, CITY BLOCK 308, 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) be, and the same is hereby, established on TRACT 1, and that a PLANNED DEVELOPMENT DISTRICT - HOUSING DEVELOPMENT (PDb) be, and the same is hereby, established on TRACT 2, both being parts of LOT 2, CITY BLOCK 308, requested by JOE CHAMY, AGENT FOR J. R. LANE, OWNER, so as to include such ONE- FAMILY DWELLING DISTRICT NO. 3(SF-3) and such PLANNED DEVELOPMENT DISTRICT - HOUSING DEVELOPMENT (PDb) on the hereinafter described property, which was formerly and is presently designated as an AGRICLJLTURAL DISTRICT (A), and that the boundaries of said ONE-FAMILY DWELLING DISTRICT NO. 3(SF-3) and said PLANNED DEVELOPMENT DISTRICT - HOUSING DEVELOPMENT (PDb), 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 of the Asa Jarmen Survey, Abstract No. 479, also being part of a 21.5 acre tract of land conveyed to H. W. Lightfoot by deed recorded in Volume 86, Page 385 of the Lamar County Deed Records, and being more particularly described as follows: Tract 1: BEGINNING at an iron pin for corner in the east boundary line of 19th Street S.W., being the present northwest corner of the above-mentioned Lightfoot tract; THENCE North 89°55'S3" East a distance of 1012.93 feet to the corner of the north and west boundary lines for Tract 2; THENCE South 00°31'04" West a distance of 542.43 feet to the corner of the south and west boundary lines for Tract 2; THENCE South 89°54'OS" West a distance of 709.98 feet to a point for corner; THENCE North 01°07'35" East a distance of 193.30 feet to a point for corner; THENCE North 89°50' S0" West a distance of 304.87 feet to an iron pin for corner; THENCE North 00°29'48" East a distance of 348.35 feet to the place of beginning and containing 11.24 acres of land, being located in the 500 block of 19th Street S.W. T,-a rr ? - BEGINNING at the northeast corner of Tract 1 on the east boundary line of Tract 1, being part of the above-mentioned Lightfoot tract: THENCE North 89°55'S3" East a distance of 337.00 feet to a point for corner; THENCE South 07°04'27" East a distance of 28.90 feet to a point for corner; THENCE North 87°53'34" East a distance of 436.93 feet to a point for corner; THENCE South 00°49'07" West a distance of 496.78 feet to a point for corner; THENCE South 89°OS'S4" West a distance of 775.00 feet to the corner ofthe south and east boundary lines of Tract 1; THENCE North 00°31'04" East a distance of 542.43 feet to the place of beginning at the northeast corner of Tract 1 and containing 9.31 acres of land, being located in the 500 block of 19th Street S.W. Section 3. That the zoning herein granted for Tract 2 is conditioned upon the submission of a Site Plan in accordance with Section 8-302 of Ordinance No. 1710, which after full compliance with the procedure established in Section 21 of said Ordinance No. 1710, must be approved by the City Council prior to the issuance of any building permits. Section 4. 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 5. 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 6. That all ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Section 7. That this ordinance shall become effective March 1, 2002. PASSED AND ADOPTED by the City Council ofthe City ofParis, in regular session on this the 7th day of February, 2002. Michael J. Pfiester, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney ZONING CHANGE REQUEST Feburary 2002 J.R. Lane AFFIDAVIT REQUEST FOR AMElIOMENT TO ZONING On01NANLE N0. 1710 STATE OF TEXAS I ' COUNTY •OF UIFIAR ~ ~ UEFORE ME, tlie undersigned authorlty, on this day personaliy appeared aos ctinrtx , who upon oaUi deposes and says: am .TOF rNnn+v , and my adJress is PHONE NUMBERA17 2 749 Fasm PTPP.T.TNF. ROA➢ HItRST.TX 76ns3 and I have a ryroprietary inter s3t~- im property tocated w1tlSin the corporate liinit5 of the Cily of Paris being described as follows: t,oz z cixx scocx 308 500 BLOCK OF 19th. S.W. "My interest in the above descrlbed property is CONTRACT TO BUY P.ENDING ZONING and I Jo request a change in zoning From _ qcxxcuLTanL (n) OISCPICt t0 PART OF.LOT Oe SINGLE FAMILY TH • DISCM CC. PART OF LOT TO PLANNED DEVEL PMhP ~b (PD-b) HOUSING DEVELOPMENT r~+•• i "in support of said requcsl I uiakc tlie followin9 answers to questions 1-4: I. WI11 the re-zonin9 be 1n accordance with Llie'or191na1 conipreiiensive zoniny sciieme, as represented by the pre-establislied zoning orJinance and tlie long range master plan.and mary tliat has been adopteJ by tlie zoning ordinance7 2. Will tlie re-zoned designatlon be compatible wltli the classirication and usa.of adjolning 7ands so as to avoid adverse lmpact on nelglibors7 YES 3. ls the tract unsuitable for uses permttted under the present zoninq class- lflca N on; therefore ,iustifying a change in'zoning7 YFS 4. Does tlie re-zoning bear a subsLantial relationsliip Lo tlie publlc healtli, safety, morals or general welfare or protect and preserve lilstorical and cultural places and areas or meet a su6stanNal public YICC(IT yF.S. THF.RF rs A NFFD vnu xnxc SENIOB CITZENS TYPE ➢WEI.LIN6 APARTMENT IN PARIt. 5, HAS A GOPY' QF THE CAND DEED DEEN'SU4MITTEDI x 777,17 ~e o llpp can SWORN TO AND SUUSCRIOED CEFORE ME, by the saiJ C)~92 1 A~ ~ til1s 20ch. day of DECEMBER 120 01 . u ~ ,~M•^w~ CATHYBERRY eO: NOTARY PUBLIC . STATE OFTEXAS My Camm. Exp.02•16-2005 December 17, 2001 Mr. Steve Methven Chief Building Inspector City of Paris P.O. Box 9037 Paris, TX 75461 RE: 20.557 Acre TRACT RE-ZONING W. Washington St. (between 13th St. S.W. & 19th St. S.W. Paris, TX Deaz Mr. Methven: The following is a Letter of Authorization allowing 7oe Chamy to do the following, on my behalf, as owner of the above referenced: 1. File for Re-Zoning Change 2. Speak on my behalf regazding the change of zoning Yours truly J.R. L , Owner JGsp Enc. STATE OF: cA4_ll QS COUNTY OF: 9Q/YY\6/l I, the unders'gned, a notary public in and for said County, in said State, do hereby certify that ~ whose name is signed to the foregoing statement, and who is kno n to be the same, has acknowledged before me on this date, that being informed of the contents of this statement, executed the same voluntarily on the date same foregoing statement beazs. Given under my hand and official seal this~'day of JQV,pdj4„~~, JOOI • (seal) a- 1(o - aO6S~ Commission Expires STATE OF TEXAS My Comm. Ezp. 02-76-2005 ~ 53&5 9z 5~10 ~ L a 2251 ~8 3os Prcparcd by the Statc Bar of Tcxac for usc by lawycn only. • Reviscd 10-85. ONY}M UeSUe W MTSu WARRANTY DEED Datc: August 31, 1992 Grzntor: SARAH ETTA DENNEY and WILLIAM M. LIGHTFOOT and VIRGINIA WALKER Grantor'sMailin Address(includingcounly): 2780 Cu~l.bertson 3505 Audubon Rd. 3424 Glendale Paris, Tx. 75460 Paris, Tx. 75460 Tyler, Tx. 75701 Grantcc: J.R. LANE and wife, MARY LANE Gnntec's Mailing Address (including county): 1830 W. Washington • Paris, Tx. 75460 Cunsidcraiion: TEN AND NO/100 DOLLARS ($10:00) and other good and valauble consideration, receipt of which is hereby acknowledged. Propcrty (including any improvcmcnls): See Exhibit "A" attached hereto and made a part hereof for all legal and necessary purposes. in i- r-; c: ~T i p y a f•: o rn m CD n c ~ :;z m T~c X -C N W Reurvations from and Exceptions to Conveyance and Warran[y: This conveyance is made and accepted subject to the following matters, to the extent same are in effect at this time:Any and all restrictions, covenants, conditions and easements, mineral reservations or leases, i£ any, relating to the hereinabove described property, but only to the extent they are still in effect, shown of record in the hereinabove mentioned County and State. ! ~ ~ Grantoq Por the consideration and subjCCC to the rcurvations trom and exccptions to conveyance and warranty, grants, sells, and convcys [o Grantu the property, togethcr with all and singularthc rights and appunenances thercto in any wix beionging, to have and hold it to Grsntec. Cmnttc's heirs, ezccutors, administrators, succusors, or assigns (arevea Grsnror binds.Grantor and Grantor's hcirs, ezecutors, adminislrators, and successors to warrant and forcver deftnd all and singular the pmpeny to Grantee and Grantee's heirs, execulors, administators, successon, and assigns against every penon whomsoever lawfully claiming or to claim the samc or any part thcreof, except as lo the rcscrvations Gom and cxcep[ions lo conveyance and warranty. Whcn the contcxt rcquircs. singular nouns and pronouns inciudc the plural. 11p` ~3g'2 EXECUTED this the day of , 1992. PTON ieus 1.27.97 Egg &s~li f.1er,' SARAH ~ ENNE~ WILLIAM M. LI,',SYTFC VIRGI IA WALRER (Ackuowledpnmp STATEOFTEXAS COUNTYOF LAMAR This ins[rument was acknowledgeA before me on Ne day of ~'4.A9 by SARAH ETTA DENNEY, WILLIAM M. LIGHTFOOT,_astEl~fiHrfidPSR'LR L!" Hy AND A fl. COMPTON ~ Not~ry PutG4 Shie at Teus 6~ Cmunission Eap'ves 437.73 / / "0 (_.O-I'/ .h2i-j~.~~ Noury Public,5tatcofTenaz Noury's name (Prin[cd): Nolary's commisxion cxpircs: MUNf Atknowledgment) STATEOFTEXAS COUNTYOF This instrumcnt was acknowlcdged beforc me on the 3id bY VIRGINIA WALKER . of 73XXXXXXXXXXXXXXXXXXK*&XtYoSfi}(36iiE9iiM$R3iNk'&mdtbH dayof September .19 92 , Nomry'snume(Printed): : 000[iY W. aOYETT Noury'srnmmissioncxpircs: NOiMrrUOUC. STAIE OF TE%AS WnnSwnE+ynes11I9AA AFIER RECORDING REI'URN TO: n -J .cv ~.K.~ j 8 3o u~. FGa✓u'd~Vy. PREPARED IN TH6 LAW OFF7CE OF: CLIFFORD, STANDIFER & MCDOWELL 810 Lamar Avenue Paris,TX 75460 R? 308PaGE265 ' q7 3 N ~ YS C Scsla: r, 300' RYAT9Tm .wn FIELD NOTES - Situated within the Corparate Limits of the City of Pnris, Lamar County, Texas, a pact of the Asa Jazman Surveys Abstract No. 479, also being a part of a 21.5 acre Cract o£ land conveyed to H.W. Lightfoot by deed recorded in Volume 86, Page 385 of the Lamar County Deed Records, and beingfurther described as follows: Deyinning at an iron pin for corner in the East Boundary Line of 19th Street S.W., the present Northwest corner of the above-mentioned Lightfoot tract; Thence Cust a distance of 1339.92 feet to an izon pin Lor corner in the West Boundary Line of 15th Street S.N.; Thence South 8010' East with said West Boundary Line a distance.of 28.77. feet to an iron pin Eor corner in the South Boundary Line of IIrame Street; Thence Sou[h 87°46' East with said South Boundary Line n dis[ance of 436.84 feet to a nail for corner in the West IIoundary Line of 13th Street S.N.; Thence South 0°33115" West with said West Doundury Line a distnnce of 496.8 feet Co an iron pin for corner in the North Boundary Line of West Washington Street; Thence North 89049'05" West with said North Boundary Line a dis[unce of 1486.25 feet to a point for corner; Thence North 0°35125" Cast a distance of 190.0 feet to ¢ point for corner; Theace Nozth 89048'35" West a distance of 295.5 Eeet to an iron pin for corner in the East Boundary Line oE 19th Street S.W.; Thence North 0°40120" East with said East Boundary Line a distance of 346.6 fee.t to the place of beginning and containing 20.40 acres of land. _ . _ . . I, R. Bcandon Chaney, Registered Professionul Land Surveyor No. 4057,.State of Texas, ceztiEy Chat the above Plat and Field Notes depict and represent an ac;ual Survey made on the ground under my supervision and finished . 31942. STATE OF TEXASCOUNTY OP LAMAR BEFORE ME, and State om thia peraon whose name thnt he executed GIVEN UNDER 1992. . Drandon Chaney, R.P.L.S. No. 4p 57 , ( the undersigned authority, a Notary Public in and for said County day personelly eppeared R..Brandon Chanay knoctn to me to be the is aubscribed to the £ocegoing instrument and acknowledge to me same £or'the purpose and considerntion therein expressed. MY }IAND.AND SEAL OP OPFICE, Chis 14 day oF ~ A.D. , ' .e.anmm~n4o... NA~ 9f < F (IF ~ ~ r ~ N ~ ~ M RP 308PAGE266 lNcsf Wash;n9-I-on Sf. DeC-29-00 03:12P Chanly Investment> FP.011 FfiP.Tf1I11 GE~L ESTIiTE I Y ~ N t v~+ T ' Scale: t"•5oo' PHRIE NJ. : 9e.i 395 4143 tIEtD KOTL9 i r N + M SftWtOd vLthin iDe COiporsCe Limite ot CL0. CS[y eL Psria, un.a COUnly. Saxaa. a ye:t el Ma RDt JiYSw 8uNlys ADatext No. 419, eleo beSas a past of a 21.3 ace, ' Ciaet of lmd couvqed to It.V. 1Lshttoot Lr d.ad rscaNad Sn Vo2uK 861 Psge 795 nf clu Lasr Covnty 1Hed Reeerdi, and Dnin6 Sutehar dsaerlEed A& follovs: ' Da`Lnnlug at an iran p1e for ceever in the Eeat boundery LSna et 19cn Serooe the pcmmt 9orthwst corn•r o[ the abovementianad LiAhtfooE srecd; ' IhonG. Eu Ca disUnea ot 1739.92 i.e2 ee in Sron pl¢ foi aoxnat !n CA4 V¢a[ BwnEaey Line ef 13th Stx4et 8.N.3 IAmce 9out57bt10' Cnat xSCA aa[d Nmc 8oundary Line n dlscmea of 20.77, -!Y6[ to so Lree pln Eet <aener fn the Saich lOUndaey tim et Drws BSFawti iL.pco South 67'46' Eaat Hth taiE Beath Doundsey Lina i 6Mst~nGa o£ 436.86 leee te n unil !or cornos in eba 4wt Soundaty 44ns o: lJth SLteat 9.N.; ' Sheoes Soveh 0•53115" 9es[ xlcfi aald Vsae DouoAeeyJY:ine s diauoce oL 496.E ,[ao[ to an ixon yin'ler wtusr la the Nee[T Baundary Cfne o[ Vuc Yu6lnypon Sueacp ' Thencc NorcE 69•49'OS" Vnec vith aaid NeeaA Yound.ry Lin: i'Jiicsoaa v1 1486.25 'fest to a po1nC for e0tne:; ' tnaeeo aortE 0•3T57" Enet a diotaace o[ 190.0 feet ta e potac [ox'cocner; TAenee porth 89•40135" Aeet a dirtonea o[ 795.5 Ees: to an Srao pid tor eorner . !n CAa LIC eoundaxy Line of 19th Stseet S.A.) Lheoee 11ovtL 0*40010" Lpt rlth esid Laac eounSaq Liuu n diatente of 546.6 Eu: to the 07au ef noSlnnLeg and aoneadnlnp 20.40 .<ewa ot lanA. , I~ 9. Dr~ndoa CYencr~ Rugl~tereC ~rohealoml iand Surv~yes N~, 40]7, 9C~t0 ~~--~of ixxu. eextify eL.t the ~bors YIoe end Pla1d Mot~a dsyict -ad repcenene 4n te[unl. Su[oay nida on t1a pwund vndat ay .uPorei-iee aM flnieMd 39S1.' 1-2 . HxanGOn C➢nney. R.P.L.S. Yo. sTAi2 or iLxns ~ . coOxZY oi LAriAR BCFGAY HL, tEO undacaigneE ouMe[Ltyf e CoCaF) h41ic in end !or eeid Co.n[y Aa6 Heate on eR1a 3y pocaOnelly aDDaezoa R. bemEen Ch."y kaew tv m. co b• chs perion vT.es• nome te ~ubaerLbsd ee the lvsOaoin➢ lnstnvnne eoE aeknovle6ta co ne tfist he axecatrtd ee.u.for tha puMesa Aed conv ideraGios Cheeeiqexoraaaedr.,_,,, A~-lackAATs i a GEi,~rQ.n~r ` ~ c ~~✓r~ j ~ V T "~na~.,.a.7+' • P.C2 . Dcc. 13 20M 01:27PM P3 Wes4- WasF:114.0., Sf. FROry ; Vqp PHONE PJO. : 817 7320562 Dec. 19 2001 02:06Pr1 PS - - - - - N IlM'6 ~y!'_H-- - - - TR.4G'► I t114 AGRES ME7E5 l+ND 60UND5 u•r•e 51TUAtED WITNfN TNE GORPORATE LI111T5 OF THE GITY OF PARIS, LAtNA12 GOUNTY, TEXAS. A F'ART OF 1HE ASA JAlZlEN bURvEY, A65TAGT NO. 419, AL50 6EING 215 AGRE TRACT OF LiWD CONYEYED TO N1ll. LIGNTFOOT6Y DEEq REGORDED IN VOLIY'1E 86, PAGE 385 OF LAMGR GOUN7Y DEED RPCARDS• oND EIEING FUF2TNER DESGRIBED AS FOLLOWS: TR.QGT I, sEGtNNIWs ~ 19 TbiE a PRE5EPIT ~ NOpIN RTNWES COI~IER OF ENE EAST ABO~ENTlONED STREE7 S.W. LIGNTFOOT TRAG7: THE?1GE 1y0i2TH 89'55' 53' EAST IUITN A DISTANCE OF 1ID12.93 FEET TO TFIE GpRdEf2 OF NORTN AND UJEST BOUNDARY LME FOR TRAGT 2. TNENGE 5Ol1TN 0m'31' 04' WEST WITN A DISTANCE OF 542.43 REE? TD THE CIpRNER pp gpUTN ANp WE$T 60UNDARY LWE FOR ?I2AGT 2. TNENCE 50U7H 89'54' 05' WEST U11TN A DISTANCE OF -1015•`38 FEET TO A POMT FoR CAWER, 7NEr1G8 NORTN IDI'0'I' 35' EA9T WI7H A DISTANGE OF 193.30 FEET TO A POINT FOR GOWER TNENGE N0RtN 89'50' 50' WEST IUITN A DISTANCE OF 3048'1 FEET TO AN IRON PIN FOR COfZMER: THENCE NORTN 00°29' 48' EA57 IUITN A DISTANCE OF 348.35 FEET TO A PLACE pF BEGIMdINCs AND GONTAININCs 1124 ACRES OF LAND. TRACT 2: BEGIPAiING AT A NORTNEA57 CORNER OF TRAGT I ON THE EA5T 5OUNDARY LI OF TR4GT I, BEING PART OF TNE A60VE-h1ENTIpNED Lr~NTFOOT TRAGT: THENGE NORTH 89'5b' 53' EAST WITN A DISTANCE OF 33'f.00 FEET TO A POINT FOR GORNER THENGE SOU714 0l'04' 2'1' EAST WITH A P15TANGE OF 28•90 FEET TO A POIN FOR COIaIER TNENCE NOI2TF1 8l'53' 34' EAST WITN A DISTANCE OF 496.93 FEET TO A P0I FOR GORNER 7N~-'J,1GE 80tJTµ 00*49' 01' WEST WI?H A DISTANCE OF 456,718 FEET TO A POIN FOR CARMER. TNENGE SOUTH 89'05' 54' WE5T u11T14 A DISTANCE OF FEET TD T GORNER pF gpU7N qNp EAST pOUNPARY LINE OF 7R.AG7 1, 'CHENGE NO(ZTN 00*31' 04' EAST WITIa A DIStANGS OF 542.43 FEE7 TO A PLAGE OF 6EGINAIINCs AT NORTNEAST GORr1ER OF TRAGT 1 AND GONTAIKINC-s 9.31 AC1?E5 OF LANp. VAUGHN ARCHI7ECTS PLUS~ hone 817- 32- 1 Fot 817-732-0762 E-1AO0. w04"aah.nel 3550 0 uIM Slreat, Suife+E WorU. 7exoa 76107 IDY 'aa ~az 7f2AGT 4 931 AGRES usat uwy04rw+ PAOFOSED PAAIS, RETI~ME~ YII.LAGE CHAW WE5TWOM w I ~ ~ EXHIBIt oATE: A RFVI5,ONS' ,oe a009