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09&10 McCarrell ZoningDRAFT F:ALICE\ORJ)WOR1GCURiZENT\3 7 02 Zol~lg Ords Mm'ch 4, 2002 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, 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) ON LOT 2, CITY BLOCK 317-A, ON PROPERTY BELONGING TO RODDY AND LINDA MCCARRELL, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS AN AGRICULTURAL DISTRICT (A); DESIGNATING THE BOUNDARIES OF THE COMMERCIAL DISTRICT (C) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE. 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 COMMERCIAL DISTRICT (C) be, and the same is hereby, established on LOT 2, CITY BLOCK 317-A, on properly belonging to RODDY AND LINDA MCCARRELL, so as to include in such COMMERCIAL DISTRICT (C) the hereinafter described properly, which was formerly and is presently designated as an AGRICULTURAL DISTRICT (A), and that the boundaries of said COMMERCIAL DISTRICT (C) be, and the same are hereby, established as follows: SITUATED within the corporate limits of the City of Paris, Counly of Lamar, and State of Texas, being a part of the Enoch Crow Survey #208, and being a part of a 25.458 acre tract of land conveyed H. Allan Tallant by deed recorded in Volume 699, Page 421 of the Deed Records of said Counly and State, and being more particularly described as follows: BEGINNING at an iron pin (f) for comer at the most southerly southeast comer of said 25.458 acre tract; THENCE South 89 Deg. 36 Min. West along the north boundary line of Pine Mill Road a distance of 213.7 feet to a post (f) for corner at the most southerly southwest comer of said 25.458 acre tract; THENCE North 1 Deg. 01 Min. East along a fence a distance of 375.8 feet to an iron pin (s) for comer at an el comer of said 25.458 acre tract; THENCE South 89 Deg. 28 Min. West along a fence a distance of 151.6 feet to an iron pin (s) for comer at the most westerly southwest comer of said 25.458 acre tract; THENCE North 0 Deg. 45 Min. East along a fence a distance of 385.4 feet to a post (f) for comer, said point being 0.2 feet west of an iron pin (s); THENCE South 88 Deg. 54 Min. East along a chain link fence a distance of 493.5 feet to a point for comer, said point being 0.4 feet east of a chain link comer post; THENCE South 0 Deg. 07 Min. West along a chain link fence a distance of 373.2 feet to an iron pin (f) for comer at a southeast comer of said 25.458 acre tract; THENCE South 89 Deg. 51 Min. West along a fence a distance of 150.1 feet to a post (f) for comer at an el comer of said 25.458 acre tract; THENCE South 1 Deg. 41 Min. East along a fence a distance of 375.2 feet to the place of beginning and containing 6.076 acres of land, and being located in the 4100 block of Pine Mill Road. 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 April 1, 2002. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the 7th day of March, 2002. ATTEST: Michael J. Pfiester, Mayor Thomas E. Haynes, Assistant City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney PINE MILL RD. ZONING CHANGE REQUEST RODDY MCCARRELL 4100 BLOCK OF PINE MILL ROAD MARCH 4, 2002 AFFIDAVIT REQUEST FON AMENDMENT TO ZONING ONOINANCE NO. 1710 STATE OF TEXAS ~ COUNTY*OF LAMAR ) BEFORE ME, the undersigned authority, on this day personally appeared RUDDY AND LINDA MCCARRELL ., who upon oath deposes a~d says: "l ale RODDY AND LINDA MCCARRELL , and I~ address is PHONE NUMBER 784-5557 P.O. BOX 6175, PARIS, TX 75461 and I have a proprietary interest tn property located within the corporate limits of the City of Paris being described as follows: LOT 2, CITY BLOCK 317-A 4100 BLOCK PINE MILL KOAD "My interest in the above described property is O~EK and I do reques~ a change in zoning from AOKZCULTURE (Al District to.. CO~ERCIAL (C) District. "In support of said request I make Um following answers to questions 1-4: 1, Will U~e re-zoning be In accordance with Imm'original comprehensive zoning scheme, as represented by the pre-es~ablfshed zoning ordinance and the long range master plan.and map that bas been adopted by ~m,~ zoning ordinance7 YES 2. Will the re-zoned designation be compatible with the classlrtcatlon and use of adjoining lands so as to avoid adverse impact on neighbors? YES ' 3. Is the tract unsuitable for uses permitted under the present zoning class- ification; therefore Justifying a change tn'zonln.q?. ~o 4. Does the re-zoning bear a substantial rela'ttonshlp to the public health, safety, morals or general welfare or protect and preserv6 historical .and cultural places and areas or meet a substantial public need7 YES . B, HAS A ~QP~ pF TOE CAND DEED BEE~'SUNHITTED~ / YES ~ . Signature of Applicant SWORN TO AND SUBSCRIBED BEFORE ME, by the said ZODD¥ MCCARRELL this llth day Of, February ~0 02 Mattle ~;unnlng~~. Notary Public, State of Texas l ~ !,~[,~,1 NOTARY PUBLIC ~ ~ ~,.~t..~.-.~.,.,~ STATE OFTEXAS ~ 1" = 100' (f) = found (s) = set I FIELD NOTES Situated about 3 miles North 7S Oeg. East of the City of Paris, County of Lamar, and State of Texas, a part of the Enoch Crow Survey 12OB, and ing a part of a 25.458 acre tract of land conveyed N.Allan Tallant by deed recorded in Vol. 699, Page ~21, of the Deed Records of said County and State Beginning at an iron pin (f) for corner at the most Southerly Southeast corner of said 25.~5~ acre tract. Thence South 89 Deg. ~6 Min. West along the North Bound- ary Line of Pine Mill Road a distance, of 213.7 ft. to a post (f) for corner at the most Southerly Southwest corner of '-"-&--said 25.458 acre tract; Thence North ! Deg. O1 Min. East along a Fence a distance of 375.0 FL. to an iron pin (S) for corner at an el corner of said 25.458 acre tract; Thence South 89 Deg. 20 Min. West along a" fence a distance of 151.6 ft. to an iron pin (~) for corner at the most Westerly Southwest corner of said 2S.4S8 acre tract; Tl~ence North 00eg. 4S Min. East along a fence a distance of 385.~ ft. to a post (f) for corner, said point being 0.2 ft. West of an iron pin (s)i Thence South 88 Deg. ~4 Min. East along a chain link fence a distance of 493.5 ft. to a point for corner, said point being 0.4 ft. East of a chain link corner post; Thence South 0 Deg. 07 Min. West along a chain link fence a distance of 373.2 ft. to an iron ~in (f). lo, corner at a Southeast corner o~ said 2S.qSB acre tract~ Thence South 89 Deg. 51 Min. West a- long a fence ~ distance of 1S0..! ft'. to a post (f) for corner at an el corner of said 25.d58 acre tract; Thence South 1 Deg. ~1 Min. East a- long a fence a d.isEance of 37S.2 ft. to the place of beginning and containing 6.076 acres of land. E X E I B I T "A"