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07&08 Gowin 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) WITH SPECIFIC USE PERMIT (49) AUTO FUEL SALES ON PART OF LOT 27-B, CITY BLOCK 251, ON PROPERTY BELONGING TO RON GOWIN, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A COMMERCIAL DISTRICT (C); DESIGNATING THE BOUNDARIES OF THE COMMERCIAL DISTRICT (C) WITH SPECIFIC USE PERMIT (49) AUTO FUEL SALES 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) WITH SPECIFIC USE PERMIT (49) AUTO FUEL SALES be, and the same is hereby, established on PART OF LOT 27-B, CITY BLOCK 251, on property belonging to RON GOWIN, so as to include in such COMMERCIAL DISTRICT (C) WITH SPECIFIC USE PERMIT (49) AUTO FUEL SALES the hereinafter 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 (49) AUTO FUEL SALES, 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 Reddin Russell Survey #766, and being a part of a called 22.128 (tr. #1) acre tract of land conveyed Paris Investments by deed recorded in Volume 612, Page 851 of the Deed Records of said County and State, and being more particularly described as follows: BEGINNING at a nail (f) in a washer for comer at the easterly northeast comer of a called 2.150 acre tract of land conveyed Herman F. Maurer et ux by deed recorded in Volume 836, Page 57 of the Real Property Records of said County and State, said 2.150 acre tract being known as Lot 27, City Block 251 (plat not recorded), said point also being the northeast comer of a 24 foot easement; THENCE North 89015'39'' West a distance of 145.29 feet to a nail (f) in a washer for comer at an el comer of said 2.150 acre tract and the northwest comer of said 24 foot easement; THENCE North 2°12'19'' West, at 119.91 feet passing a nail (f) in a washer at the northerly northeast comer of said 2.150 acre tract, and a southeast comer of a 17.9023 acre tract of land, and continuing on a total distance of 139.51 feet to a capped (JMN - 4025) iron pin (s) for comer at an el comer of said 17.9023 acre tract; THENCE North 89°04'05" East a distance of 154.09 feet to a capped (JMN - 4025) iron pin (s) for comer at the easterly southeast comer of said 17.9023 acre tract; THENCE along the west boundary line of N. Main Street as follows: Southwesterly around a curve (R 3879.72', C South 1°37'16'' West, 60.17 feet) to the left a distance of 60.17 feet to a capped (JMN - 4025) iron pin (s); South 1 ° 10'36" West a distance if 83.66 feet to the place of beginning and containing 0.4860 acres of land or 21,169.16 square feet of land, said 0.4860 acre tract to be known as Lot 27-B, City Block 251, and being number 2335 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 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 (52) ZONING CHANGE REQUEST RON GOWIN 2335 NORTH MAIN MARCH 4, 2002 AFFIDAVIT REQUEST FOR AMENDMENT TO ZONING ORDINANCE NO. 1710 sTATE OF TEXAS ~ COUNTY-OF LA~R I BEFORE ME, Um undersigned authority, on :his day personally appeared RON GOWIN , who upon Dad1 deposes and says: "I am RON GOWIN , and lay address is 75169 PHONE NUMBER 903-873-8860 I~A RA~lnNTAHT RIVD WT]]S P(ITNT_ T~ and I Uave ~ proprietary interes~ tn property located within the corporate ltmatts of the Ct~y oF Paris being descr(bed as follows: PART OF LOT 27 B CITY BLOCK 251 2335 NORTH ~IN "My interest In ~he above described property ts OWNER and I do r~ques~ ~ change tn zoning From COMMERCIAL (C) · D)str(ct to COMMERCIAl icl WITH SPECFIC USE PER~IT District. (49) AUTO FUEL SALES "In support o~ said requ~sb I make Um follow(ng ~nswers ~ questions 1-4: 1. Will tmm re-zoning be )n accordance with Um'or)U)nal comprehensive zoning scheme, as repre~en~ed by the pre-establ)'shed zoning ordinance and U~e long rang~ master plan.and map that mms been ~dopted by Um ~ontng ordinance? YFS 2. Will tile re-zoned designation be compatible with UIo classification and uso of adjoining lends so. as to avoid adverse impact on netgUbors? 3. Is the tract unsuitable for uses pemitted under LHe present zonlnu class- Ification; theKeFore justifying a change in'zoning?. YES 4. Does U~e re-zoning bear a substantial rela'tionsldp to the public health, safety, morals or general welfare or protect and preserv6 historical and cultural places and areas or meet a substantial public need? YES · 5, B~ A CQ?Y'pF TUg CAND DEED BEEN'SUBMITT_,~..ES 514Jna :ure o f~ppllcan: SWORN TO AND SUBSCRIBED BEFORE HE, by :he said tills 11ch. day of FEBRUARY ,)0 02 . 14attle bunnlngllanl~ ~;Ity ~;lerK % ". RON GOWIN Public, State of Texas ~'(~.,,,~¥~ NOTARY PUBLIC ~ Nelson S rveying, Company 920 North Main Street Pads, T'e~as 7546(~ 903-785-355t fax 903-785-33~6 e,mail jimn@$targate,tStarner, com Situated within the Corporate Limits of the City of Pads, Cou~y of Lamer, and State of Texas, a pan of the Reddin Ru~,seli Su~'ey #788, and being a par[ of a called 22.t28 (ir. #1) acre tract of land Conveyed Pads Investments by deed recorded In Vol, 612, Page 851, of the Deed Reco~Js of said County and State, Beginning st a nail (f) In a wasller for comer at the Easterly Nor[he.st comer of a c'alled 2.150 acre tract of land c~nveyed Herman F. Maurc[ et ux by riced recorded in Vol. 836, Page 57, of the Real Properly Records of sale1 County and State, said 2,150 acre tract being known as lot 27, City Block 251 (plat ncl recorded), said point also being the Northea$1 cOmer Of a 24 ff. Easement. Ttlance North 89'15'3g" We~ e distance of 145.29 feet to a nail (0 in a washer for co,'nar at an el comer of said 2.150 acre tract and the Nor[hwe~ comer of said 24 lt. Easement; Thence North 2'12'1l)" Wast et t19.91 fi, passing s nail (0 in a washer at t~e Northerly Northeas~ comer of said 2.150 acre tract, and a Seuthena[ comer of a 17.9023 acre tract of land surveyed same day, and contin~ing on a total distance o[ 139.51 ft. to a cappecl (JMN - 4025) )mn pin (s) for comer at an el comer of said 17,9023 acre tract; Thence North 89'04'05" East a distance of 154.fl9 feet to a capped (JMN - 4025) iron pin {s) for comer at the Easterly '~outheast corner of said 17,9023 acre tract; Thence along the ,~Vo~ Boundary Line of N. Main St. as follows: Southwesterly around a curve (R~3879.72', C=~outn 1o37'18. West, 60.17 fact) to the left s diotanco of 6017 feet to a cappecl (JMN 4025) iron pin {s); South 1't0'36" We. et a distance of 83.68 feet to trte place of beginning a~d ~ontaimng 0.4880 acres of lancl, or 21169.16 square fe~t of land, said 0,48~0 acre tract ia be known as I~t 27-B, City Block 251. l, J.M, Nelson, Registered Professional Land Surveyor of Texas, #4026, certify that the above depicted ar~ dascnbod tract of land was taken from an actual survey made on the ground and complete~ by ma on the 7th day ct J.ly, 2000, that there doesn't appear to be any visible easemenls o~ encroachments other lhan those shown thereon, and [hat this Iract of land does not appear to lie in a flood ;lone as indicated by Community Panel No. 480427 0001 B of th~ Flood Insurance Rate Maps. J,M. Naleon, RPLS of Texas,//4026 date No,~-13-01 15:04 Lewis Agency I 903 737-0100 P.02 779,822.7~ SF i r'---- .... - '.~ ~ ~ ~ ¢~'~ -'-" - - ' . - .- ~ .... !" - cO' ~ . ~.w.r }~ J.M. NcisOn, RPLS of Nelson Surveying Company 9~ ~ ~ ~ P~ Tern 7~