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09&10 Fendley ZoningDRAFT 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 TWO FAMILY DWELLING DISTRICT (2F) ON LOT 3A, CITY BLOCK 317, ON PROPERTY BELONGING TO LARRY FENDLEY, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE- FAMILY DWELLING DISTRICT NO. 3 (SF-3); DESIGNATING THE BOUNDARIES OF THE TWO FAMILY DWELLING DISTRICT (2F) 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 to 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 TWO FAMILY DWELLING DISTRICT (2F) be, and the same is hereby, established on LOT 3A, CITY BLOCK 317, on property belonging to LARRY FENDLEY, so as to include in such TWO FAMILY DWELLING DISTRICT (2F) the hereinafter described property, which was formerly and is presently designated as a ONE-FAMILY DWELLING DISTRICT NO. 3 (SF-3), and that the boundaries of said TWO FAMILY DWELLING DISTRICT (2F) 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 Enoch Crow and Joseph Leach Surveys, being Lot 3A, City Block 317, also being a part of property described in deed recorded May 20, 1987, in Volume 709, Page 340, Lamar County Deed records, and being more particularly described as follows: BEGINNING at a stake in the southwest comer of Lot 3A, City Block 317; THENCE North a distance of 109 feet to a stake; THENCE East a distance of 28 feet to a stake; THENCE North a distance of 865 feet to a stake in the northwest comer of said lot; THENCE East a distance of 835 feet to a stake in the northeast comer of said lot; THENCE South a distance of 805 feet to a stake; THENCE West a distance of 264 feet to a stake; THENCE South a distance of 156 feet to a stake in the southeast comer of said lot; THENCE West a distance of 599 feet to the place of beginning, and being located off of the 700 block of 40th Street N.E. 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 June 1, 2002. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the 9th day of May, 2002. ATTEST: , Mayor Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney L_I ZONING CHANGE REQUEST MAY 6, 2002 LARRY FENDLEY A PD-.b AFFIDAVIT REQUEST FOR AMENDMENT TO ZONING ORDINANCE NO. 1710 STATE OF TEXAS ! ' * COUNTY*OF L/~R J · ' BEFORE ME, tim undersigned authority, on this day personally appeared LARRY FENDLEY , who upon oath deposes e~d says: PHONE NUMBER 785-7809 635 S.E. 42nd. 75462 and I have a proprietary interes in'property located wtthtn the corporate limits of tNe City of Paris being described as Follows: "My interest in the above described property is OWNER and I do request a change in zoning from ONE FAMILY DWELLINg NO. 3. (SF-3) District to TWO FAMILY (2F) District. "In support of said request I Inake tile following answers to questions 1-4: 1. Will the re-zoning bo in accordance wltqh Urn'original compreNensive zoning scheme, as represented by tile pre-established zoning ordinance and the long range master plan.end map that has been adopted by ~he zoning ordinance? YES 2, Will tile re-zoned designation be compatible with the classification and use. of adjoining lands so. as to avoid adverse impact on neighbors7 YES ~ 3. Is the tract unsuitable for uses permitted under the present zoning class- ification; theKefore Justifying a change in'zoning? 4. Does the re-zoning bear a substantial relaltionshlp to :Ne public hoalU), safety, morals or general welfare or protect and preserv~ historical .and culEural places and areas or meet a substantial public need? yg~ . 5, BAS A QQPY' gE TBE C~D DEED BEEN'SUBMITTED?. YES~ · 'S~fiat~ of Applic~ SWORN TO AND SUBSCRIBED BEFORE ME, by the said tills ]~r~_ day Of MAR~R . , ~0 02 · FILEO: ::~- ~'~- FIELD NOTES LOT 3A CITY BLOCK 317 BEGINNING AT A STAKE IN THE SOUTH WEST CORNER OF LOT 3A CITY BLOCK 317 THENCE NORTH A DISTANCE OF 109 FEET TO A STAKE IN SAID LOT THENCE EAST A DISTANCE OF 28 FEET TO A STAKE IN SAID LOT THENCE NORTH A DISTANCE OF 865 FEET TO A STAKE IN THE NORTH WEST CORNER OF SAID LOT THENCE EAST A DISTANCE OF 835 FEET TO A STAKE IN THE NORTH EAST CORNER OF SAID LOT THENCE SOUTH A DISTANCE OF 805 FEET TO A STAKE IN SAID LOT THENCE WEST A DISTANCE OF 264 FEET TO A STAKE IN SAID LOT THENCE SOUTH A DISTANCE OF 156 FEET TO A STAKE IN THE SOUTH EAST CORNER OF SAID LOT THENCE WEST A DISTANCE OF 599 FEET TO THE PLACE OF BEGINNING. 4275-~7 · laleo L ROf' exas, } xn me .. by hese That FVMC PARTNERSHIP, a Texas General Partnership, composed of LARRY FENDLEY, CHARLES E. VINCENT and THE MCLAUGHLIN INVBSTMENT CO., A Texas corporation by its President, CARL A. MCLAUGHLIN, duly authorized; oitheCounW of Lamar Stateoi Texas iorandinconsideration of the sum of Ten and No/100 ($10.00) ........................................ bOLLARS Cash and other good and valuable consideration to it paid, ~s~-~..be..pa~i?by LARRY G. FENDLEY, The receipt of which is hereby acknowledged and $192,000.00 paid by PARIS SAVINGS AND LOAN ASSOCIATION, for the grantee herein at his special instance and request, which said sum of $192,000.00 is evidenced by vendor's lien note of s~id grantee, of even date, payable to PARIS SAVING! AND LOAN ASSOCIATION on the terms and conditions and rate of interest as set forth in said note; the vendor's lien retained herein being hereby transferred and assigned to PARIS SAVINGS AND LOAN ASSOCIATION and it is subrogated to all the rights thereto as if it were the original grantor; which said indebtedness is further secured by a deed of trust of said grantees to Gary L. Nash, Trustee, for the benefit of the holder of said note; co have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey, unto thc said Larry G. Fendley 521 Sandpiper Drive Sioux Falls, South Dakota 57105 ofthe County of Lamar 'I State of Texas allthatcer~in tract or parcel of land, sltuated in Lamar Count~ Texas and described as follows, to-wit: Situated in Lamar County, Texas, about 3 miles North 80 Deg. East of the City of Paris, a part of the Enoch Crow and Joseph Leach Surveys and containing 32.169 acres of land, SAVE AND EXCEPT AND LESS Lots 10; 8; 19; 9; 16; 6; 5; 18; 17; 11; 12; 13; 14 and 15; all in Block "A"; and LOTS 8; 42; 5; 43; 40 and 41 all in Block "B"; LOTS 20; 21; 22 and 23 in Block "C"; and LOTS 21; 22 and 23 in Block "D" all in the WINDSOR ESTATES ADDITION to the City of Paris, and SAVE AND EXCEPT AND LESS that portion of said property dedicated to public use as shown on plat of record in Envelope 268-D, Lamar County Plat Records; and SAVE AND EXCEPT AND LESS a tract of 0.466 acres heretofore conveyed to Bob McCarley, Inc., of record in Vol. 678, Page 685, Lamar County Deed Records; said 32.169 acres is fully described on Exhibit "A" attached hereto and made a part hereof; (SEE OVER) D~ED EXH1B1T "A" ..- ii FIELD NOTES · · S~tuated abput 3 miles North 80 Deg. East of the City of Pa~'i~ County. · '. ,. of Lamar, and State of Texas, a part the Enoch Crow Survey ~208 and the Jos~ Leach Survey #524,' and being a part of ~' a tract ~1 and all of tract ~2 As con- '~ veyed 'James W. Davis,'Jr., Trustee, as ~ ~ 'recorded in Vol. 573, Page 357, of. the ~ Deed Records of said Count~ and State. cal e:l'; aDO · · · ~ ~,~CY'~, y pin for corner in the t~t'a*'~ ,~.~ : $.~ .~z%~. West Boundary Line of -~+.-T-~.'-- - · Pine Mill Road at the ~.1 .' . . ... . .most Easterly Northers' · ~1 ' ' .r,~,. I ~corner of said tract ~ ~I ~ .... ~. ,~.~. ~ ~. · . Thence along the ~ ~ ~ ' · . . ~. '~-~'"~.~/.~ Westerl~ Boundary Line ..-i .... · ,~)~z,_.._~-~ %. . .- r - --~ · iron pin; South 17 Deg ~?). z~e-~lL[~ - : . ' · ~$ ~16]~ ' ~ · ~n iron pin; South 43 ~'~ J~/ ,/ .... : Deg. 45 Min. West 100' .t % %, ~ '.' to an iron pin; South. ~ ' ~ r Ik ' ~m ' .1 ' ' ' m Deg. 15 Min. West 60.3 t t ~ ~. m ' ~ /~f~- ' '. '. ft. to an iron pin for · .~1~[?~,~~ ' ~' ' corner at the most Eas '~fl]~ · erly Southeasq corner, /~ ~ said tract ~1; Thence South B9 Deg. ~S Min. West a d~stance of 1128 ft.' to an iron pin for corner at Northeast corner of said tract ~2~. - Thence South I Deg. 30 Min. West a distance of 405 ft. to an iron pin for corner at th Southeast corner said tract ~2;' "Line Of.said .P~ne Mill ~oad a distaof Thence South 87 Deg. West along the North Boundar~ f 50.1 ft.' to an iron pin for corner at the Southwest corner of said tract ~2, said point teing the Southeast corner of a 5:67 acre tract of lqnd conveyed Bob McCarley, Inc. by deed recorded in Vol. 594,' Page 551, of said Deed Records; Thence North 1 Deg. 30 Min. East a distance of 407 ft. to an iron 'pin for torner at th NOrthwest corner of said tract #2.and the Northeast corner of said 5.57 acre tract of 'land; · Thence South 89 Deg. 30 Min. West a disEan~e of'219 ft. to an iron pin for coYner at t Southeast corner of a 5.50 acre tract of land surveyed out of said ~ract ~1; ' Thence North 0 Deg. 30 Min. East a distance of 421 ft. to an-iron 'pin for corner at th Northeast of said 5.50 acre tract of land; . Thence South 89 Deg. 30 Min..East a distance of 26~.ft. to an iron pin for corner at a el corner of said trac~l; " Thence North 0 Deg. 15 Min. East a'distance of 86~'ft. to a post for corner at the mos Northerly Northwest corner of said,,tract ~1; · Thence Sooth 8B Deg. East a d,istance of 858 ft. to'an iron pin for corner at the m~st Northerly Northeast corner of said tract ~1; ' Thence South 0 Deg'. 45 Min. East a dis:ance of 772 ft. to an iron p~n for cor~er an an el corner of said tract ~1; · Thence South 87 Deg. 15 Min. East a distance of 427.5 (~. to the place of beginning an Containing 32.169 acres of land. I, J.M. Nelson, Registered Public' Surveyor of Texas, No: 4025, certify :hat the above depicted and described tract of land'was taken fr'om )n actual ;urvey made on the ground on the loth day of June, 1982. J,M, Nelson, R.P.S. No..402b ~TATE,OF TEXAS~ " :QUNTY OF LAMAR! BEFORE ME, the undersigned authority, a Notary Public in and for said. County and State, on ~his day personally appeared J.M. Nelson, known to me to be the~person whose name is subscribed to the f~rgoing instrument, and ~cknowledged to me that he executed the same for the purpose and considera- tion therein'expressed- GIVEN UNDER ~¥ IIAND AN_D..SEAL DF OFFICE, this the 16th day of June, 19~2.