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05&06 Flowers ZoningZ E · ZONTI CHANGE CITY OF pARTS 'BRI A.N FI:OWERS .'" DRAFT F:ALICE\ORDWORK\CURRENT\ 6-6-02 Zoning Ords June 3, 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 NEIGHBORHOOD SERVICE DISTRICT (NS) ON LOT 1, CITY BLOCK 257-B, REQUESTED BY BRIAN FLOWERS, AGENT FOR ¥ICKI J. MARSH, OWNER, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE-FAMILY DWELLING DISTRICT NO. 2 (SF-2); DESIGNATING THE BOUNDARIES OF THE NEIGHBORHOOD SERVICE DISTRICT (NS) 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 NEIGHBORHOOD SERVICE DISTRICT (NS) be, and the same is hereby, established on LOT 1, CITY BLOCK 257-B, requested by BRIAN FLOWERS, AGENT FOR VICKI J. MARSH, OWNER, so as to include in such NEIGHBORHOOD SERVICE DISTRICT (NS) the hereinafter described property, which was formerly and is presently designated as a ONE-FAMILY DWELLING DISTRICT NO. 2 (SF-2), and that the boundaries of said NEIGHBORHOOD SERVICE DISTRICT (NS) 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 Hiram Williams Survey #1003, being a lot conveyed Glenn D. Watson by deed recorded in Volume 295, Page 25 of the Real Property Records of said County and State, being known as Lot 1, City Block 257-B, and being more particularly described as follows: BEGINNING at an iron pin (s) for corner in the south boundary line of E. Cherry Street at the northeast corner of said Watson lot, said point being the northwest corner of a lot conveyed Gaspar Sanchez by deed recorded in Volume 295, Page 250 of said Records; THENCE South 0 Deg. 35 Min. 21 Sec. East along a partial chain link fence a distance of 147.11 feet to an iron pin (s) for corner at the southeast corner of said Watson lot and the southwest corner of said Sanchez lot, said point being in the north boundary line of a lot conveyed William Patrick Murphy by deed recorded in Volume 137, Page 244 of said Records; THENCE North 87 Deg. 32 Min. 21 Sec. West a distance of 116.20 feet to an iron pin (s) for corner at the southwest corner of said Watson lot and the northwest corner of said Murphy lot; THENCE North 1 Deg. 32 Min. 27 Sec. East along the east boundary line of 25th Street N.E. a distance of 110.38 feet to an iron pin (s) for corner at the present westerly northwest corner of said Watson lot; THENCE along the transition from the easterly boundary line of 25th Street N.E. to the southerly boundary line of E. Cherry Street around a curve (R=30', C=North 44 Deg. 52 Min. 11 Sec. East a distance of 41.17 feet) to the right a distance of 45.37 feet to an iron pin (s) for corner at the present northerly northwest corner of said Watson lot; THENCE North 88 Deg. 11 Min. 56 Sec. East along the south boundary line of said E. Cherry Street a distance of 82.61 feet to the place of beginning, being number 2504 E. Cherry 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 July 1, 2002. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the 6th day of June, 2002. ATTEST: Michael J. Pfiester, Mayor Mattie Cunningham, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, Asst. City Attorney AFFIDAVIT REQUEST FOR AMENDMENT TO ZONING ORDINANCE NO. 1710 STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned authority, on this day personally appeared BRIAN FLOWERS ';nd says: , who upon oath deposes "1 am SRIAN FLOWERS and my address'~ 305 1ST SW and my phone number is 785-4228 and I have a proprietary interest in property located within the corporate limits of the City of Pads being described as follows: LOT 1, CITY BLOCK 257-B 2504 EAST CHERRY "My interest in the above described property is CONTRACT TO BUY and I do request a change in zoning frem.ONE-FAMILY DWELLING NO. 2 (SF-2) District to NEIGHBORHOOD SERVICE (NS) District. ' "In support of said request I make the following answers to questions 1--4: 1. Will the re-zoning be in accordance with the original comprehensive zoning scheme, as represented by the pre-established zoning ordinance and the long range master plan and map that has been adopted by the zoning ordinance? YES 2. Will the re-zoned designation be compatible with the classification 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 classification: therefore justifying a change in zoning? NO 4. Doe the re-zoning bear a substantial relationship to the public health, safety, morals or general welfare or protect and preserve historical andculturel places and areas or meet a substantial public need? YES 5. HAS A COPY OF THE LAND DEED BEEN SUBMITTED? YES Signature of Applicant S WOP~,N TO AND SUBSCRIBED BEFORE ME, by the said this 30TM day of APRIL .2002 . MaRie Cunningham, C~ Clerk BRIAN FLOWERS N~tary Public, State of Texas Straight Line Surveying Co. 920 North Main Street Paris, Texas 75460 903-786-3551 fax 903-786-3399 J. M. Nelson, Registered Prof-',,,!,~nal Land Surveyor of Texas, #442S CB257B-1 Disk-152 EChe~Ty& 25~ NE HWms#1003 Situated within the Corporate Limits of the City of Pads, County of Lamar, and State of Texas, a part of the Hiram Williams Survey #1003, and being a lot conveyed Glenn D. Watson by deed recorded in VoL 295, Page 25, of the Real P..roperty Records of said County and State, and being knowq as lot 1, City Block 257-B (plat not recorded). Beginning at an iron pin (s) for comer in the South Boundary Line of E. Cherry St. at the Northeast comer of said Watson lot, said point being the Northwest comer of a lot conveyed Gaspar Sanchez by deed recorded in Vol. 295, page 250, of said Reconds. Thence South 0 Deg. 35 Min. 21 Sec. East along a partial chain link fence a distance of 147.11 f. to an iron pin (s) for comer at the Southeast comer of said Watson lot and the Southwest comer of said Sanchez lot, said point being in the North Boundary Line of a lot conveyed William Patdck Murphy by deed recorded in Vol. 137, Page 244, of said Records; Thence North 87 Deg. 32 Min. 21 Sec. West a distance of 116.20 ft. to an iron pin (s) for comer at the Southwest comer of said Watson lot and the Northwest comer of said Murphy lot; Thence North 1 Deg. 32 Min. 27 Sec. East along the East Boundary Line of 25th N.E. a distance of 110.38 ft. to an iron pin (s) for comer at the present Westerly Northwest comer of said Watson lot; Thence along the transitibn from the Easterly Boundary Line of 25th N.E. to the Southerly Boundary Line of E. Cherry St. around a curve (R=30', C=North 44 Deg. 52 min. 11 Sec. East 41.17 ft.) to the dght a distance of 45.37 ft. to an iron pin (s) for comer at the present Northerly Northwest comer of said Watson lot; Thence North 88 Deg. 11 Min. 56 Sec. East along the South Boundary Line of said E. Cherry St. a distance of 82.61 ff. to the place of beginning. I, J.M. Nelson, Registered Professional Land Surveyor of Texas, #4025, certify that the above depicted and described tract of land was taken from an actual survey made on the ground and completed by me on the 22nd day of March, 1999, that the improvements shown thereon are correct, that there doeso~ appear to be any visible easements or encroachments other than those shown thereon, and that this tract of land does not appear to lie in a flood zone as indicated by the Federal Flood Insurance Maps. J.M. Nelson, RPLS of Texas, #4025 date 3-21-99 I ----~.. I ~. .E.__C.h. er_.r.y. i i / ~' st. · z /I / ~ '~ : II I~ ~.''1. - I I ~ IFrame Res. _. .~iii~ ~r~, ~--~' 1" = 30' ~. Nelson, RP~ of Texos, ~25 dote Nelson Survey~n.g. Company 920 K aah St Pans, Texa~ 75480 EXHIBIT A April 17,2002 To whom it may concern: This letter authorizes Brian K. Flowers and/or James B. Flowers to act on my behalf on a zoning change on the property known as 2504 E. Cherry, Paris, TX 75460. This zoning change would become effective upon passing of title and this zoning change would be suitable for a beauty shop business. WARRANTY DEED WITD VENIKiR'S I.IEN KNOW ALL MEN BY TIIENK p~LNF. NT.*~ ..'2'~ ~in ~. t~ ~cip{ of which is he~ ~k~l~cd. ~ ~ ~ ~ d~ G~NT. SELL AND CONVFY umo ~ANI GRIFFIN. ~n ~. fc~ ~m~ Coun~.Tezu. · - RP thc hc'min Gg-scribed pmp~ u is evidenced I~' Ih~ he~inabove I~ ~ ~ Su~or Tide lo mid ~. is ~i~ ~ ~ ~ ~ ~NSFE~D ~D ASSIGNED 1'1 I1'~ .~ T AT I". OF TEXAS § § COUNTY OF I.A~IAR § The fo~goin~ inslrt~nent was ~wled~ ~fo~ ,~ ' ...~ ., ~~~s "'" .' ;~' ~t~'~i~ion Expi~ ,. RP $71r~ 03.5 EXHIBIT A