09&10 Posey ZoningTO:
CITY COUNCIL MEMBERS
FROM: STEVE METHVEN
SUBJECT: ZONING PETITION
ON JUNE 3, 2002 A PETITION WAS PRESENTED AND FILED WITH THE CITY
CLERK IN OPPOSITION TO THE REQUESTED ZONING CHANGE OF EARL
POSEY IN THE 500 BLOCK OF N.W. 24TM. THIS PETITION WAS SIGNED BY ALL
BUT TWO OF THE PROPERTY OWNERS WITHIN THE 200-FOOT BOUNDARY
REQUIRED BY THE CITY OF PARIS ZONING ORDINANCE. ACCORDING TO
THE ZONING ORDINANCE SECTION 21-105 IT WILL TAKE A 3/4 VOTE TO
CHANGE THIS PETITION TO THE REQUESTED ZONING.
May 30, 2002
TO: Planning and Zoning Commission
This response is in regards to the re'zoning f~om one-family dwelling to two-family
dwelling of property Lots 2 & 3, City Block 300, being the 500 Block 24th NW by Earl
Posey. We the undersigned propen'y owners wish to oppose the change to two-family
dwellings and eontinu~ with one-family dwelling.
NAME ADDRESS PHONE NUMBE~
May 30, 2002
TO: planning and Zoni~ Commission
This n~sponse is in regards to the re,zoning from one-family dwelling to two-family
dwelling ofproporty Lots 2 & 3, City Block 300, being the 500 Block 24th NW by Earl
Posey. We the undersigned property owners wish to oppose the change to two-family
dwellings and continue with one-family dwelling.
NAME
ADDRESS
PHONE NUMBE~R
::2/0.5
May 30, 2002
TO: plmanlng and Zoning Commission
This response is ill regards Ix) tho rezoning from one-family dwelling to two-family
dwelling of property Lots 2 & 3, City Block 300, being the 500 Block 24th NW by Earl
Posey. We the undersigned property owners wish to oppose the change to two-family
dwellings and continue with one-family dwelling.
NAIVIE ADDRESS PHONE NUMBER
.... JL.I I I IIII F1 H
ZONING CHANGE REQUEST
EARL POSEY
JUNE 3, 2002
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 TWO-FAMILY DWELLING DISTRICT (2F) ON LOTS 2 AND 3, CITY
BLOCK 300, ON PROPERTY BELONGING TO EARL POSEY, SO AS TO
INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE-
FAMILY DWELLING DISTRICT NO. 2 (SF-2); 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 LOTS 2 AND 3,
CITY BLOCK 300, on property belonging to EARL POSEY, 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. 2 (SF-2), 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 Asa Jarman Survey, Abstract No. 479, being
the same tracts described as Tract I and Tract II in a Deed from Ray Moran to
Charles E. Moran dated October 19, 1979, and recorded in Volume 639, Page 103,
Lamar County Deed Records, and being more particularly described as follows:
BEGINNING at a 1-inch diameter steel rod set for corner at the southeast
corner of said Charles Moran property, also being a point in the west boundary line
of 24th Street N.W.;
THENCE North 89 Deg. 47 Min. 10 Sec. West a distance of 474.31 feet
along an old fence line to a 1-inch diameter steel rod set for corner at the northwest
corner of said Charles Moran property;
THENCE North 00 Deg. 41 Min. 50 Sec. East a distance of 414.86 feet along
an old fence line to a metal corner post found for corner at the northwest corner of
said Charles Moran property;
THENCE North 89 Deg. 59 Min. 30 Sec. East a distance of 469.26 feet along
a 6 foot high chain-link fence to a metal corner post found for corner at the northeast
corner of said Charles Moran property;
THENCE South a distance of 416.67 feet along the west boundary line of
24th Street N.W. to the place of beginning, containing 4.50 acres of land, being
located in the 500 block of 24th Street N.W., and being described as Lots 2 and 3,
City Block 300.
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
EARL POSEY
says:
"1 am EARL POSEY
and my phone number is 785-2658
, who upon oath deposes and
and my address is 1628 BELMONT
and I have a pr~oprietary;, interest in property
located within the corporate limits of the City of Paris being described as follows:
LOTS 2 & 3, CITY BLOCK 300
500 BLOCK NW 24TH
"My interest in the above described property is OWNER
and I do request a change in zoning from ONE-FAMILY DWELLING NO. 2 (SF-2)
District to TWO-FAMILY DWELLING (2F)
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?
YES
4. Doe the re-zoning bear a substantial relationship to the pub!lc health, safety, mora s or
general welfare or protect and preservp historical and cultural places a~id areas or meet a
substantial public need? YES .i
5, HA~ A COPY OF THE LAND DEED BEEN SUBMITTED? YES
SWORN TO AND SUBSCRIBED BEFORE ME, by the said
this 10th day of May .2002 .
FILED~
Signature of Apphcant
EARL POSEY
b~tary Public, State of Texas
NOTARY PUBLIC
STATE OF TEXAS
225J
Prepared by th~ ~ale Bar of Texas for u~e by lawyers only.
Revised 10-85.
WARRANTY DEED
(SPECIAL)
Grantor: SHERRY LYNN POSEY
Gramor's Mailing Address (including county):
599 NW 24th
Paris Lamar County. Texas 75460
Gramce: EARL DEAN POSEY
Gramcc'sMailingAddrcss(includingcoumy): 2230 E. Price Apt 16 "'! ~.. ;~..
Paris Lamar County TexasI'~546.0 , . Y:;
Comideration: ................. ~I'EN DOLLARS AND NO/100 · ' .................................. ($10.00) .........................
and other good and valuable consideration.
Pmpcny (including any improvcmcms): :Two'ce~ta~ tradts-c of land located at 505 NW 24th Street.
Paris Lamar County. Texas more fully described in Exhibit
"A" hereto attached.
Reservations from aM Exceptions to Conveyance and Warranty:
All those of record
.Grantor. I'~ Lh~ c~v~del~~ ]~dt{~Lel~S~ons from and excel)lions tO conveyance and warranty, gran~, sells.
STATE OF TEXAS
coUNTY OF LAMAR
NotorY Pubflc
~rn~slon Explms 3-27-g?
I ~'~-- dayof ~
Notn~'s ann~ (printed):
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the
by
of
a corporation, on behalf of said corporation,
day of ,19
No~"y '$ name (printed):
No~'J's commission expires:
Earl Dean Pq~y ....
22;~.~E~'-P~t~;; Apt 16
-~a~is. T~Xas-7~5~0
PREPARED INTHELAW OFFICE OF:
George ~. P~eaton
16 Clarksville Street
Pa~ts, Texas 75460
%?3
A part of the Asa Jarman Survey, Abstract No, 479~ and being the
same tracts described as Tract I and Tract II in a Deed from Ray Moran to
Charles E. Moran, dated October 19, 1979, recorded in Volume 639, Page
103, Lamar County Deed Records, described by metes and bounds as
follows~
BEGINNING at a l-inch diameter steel rod set for corner at the
Southeast corner of sazd Charles Moran pCoperty~ also BEING A POINT
in the West boundary line of 24th N,W, Street;
THENCE North 89 Degrees.47 Minutes 10 Seconds West, 474,31 feet
along an old fence line to a l-inck diameter steel rod set for corner
at the Southwest corner of said Charles Moran property;
THENCE North 00 Degrees 41 Minutes 50 Seconds East, 414.86 feet
along an old fence line to a me.tal corner post found for corner at the
Northwest corner of said Charles Moran property;
THENCE North 89 Degrees 59 Minutes 30 Seconds East, 469.26 feet
al6ng a 6-ft. high chain-link fence to a metal corner post found for
corner at the Northeast corner of said Charles Moran property;
THENCE South, 416.67 feet along the West boundary line of 24th
Norhtwest Street to the place of beginning containing 4.50 acres of
land,