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07&08 Ross ZoningDRAFT F:ALICE\ORDWORK\CURRENT\ 7-8-02 Zoning Ords July 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 ONE-FAMILY DWELLING DISTRICT NO. 3 (SF-3) ON LOT 5-A, CITY BLOCK 294, ON PROPERTY BELONGING TO MACK ROSS, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE- FAMILY DWELLING DISTRICT NO. 2 (SF-2); DESIGNATING THE BOUNDARIES OF THE ONE-FAMILY DWELLING DISTRICT NO. 3 (SF-3) 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 ONE- FAMILY DWELLING DISTRICT NO. 3 (SF-3) be, and the same is hereby, established on LOT 5- A, CITY BLOCK 294, on property belonging to MACK ROSS, so as to include in such ONE- FAMILY DWELLING DISTRICT NO. 3 (SF-3) 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 ONE-FAMILY DWELLING DISTRICT NO. 3 (SF-3) 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 part of the Joseph Leach Survey #524, being Lot 5-A, City Block 294, and being more particularly described as follows: BEGINNING at the southeast corner of Lot 5-A, City Block 294; THENCE North a distance of 133.5 feet to the northeast corner of said lot; THENCE West a distance of 801 feet to the northwest corner of said lot; THENCE South a distance of 133.5 feet to the southwest corner of said lot; THENCE East a distance of 801 feet to the place of beginning, being located in the 3000 block of Aikin Drive. 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 August 1, 2002. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the 8th day of July, 2002. ATTEST: Michael J. Pfiester, Mayor Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney SF-2 (25) ZONING CHANGE REQUEST MACK ROSS JULY 1, 2002 LI 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 MACK ROSS and says: , who upon oath deposes "1 am MACK ROSS and my address is. 3475 RENO DRIVE and my phone number is 903-784-5273 property and I have a proprietary interest in located within the corporate limits of the City of Paris being described as follows: LOT 5-A, CITY BLOCK 294 3000 BLOCK OF AIKIN DRIVE 'My interest in the above described property is CONTRACT TO BUY and I do request a change in zoning from ONE-FAMILY DWELLING NO. 2 [SF-2~ District to ONE-FAMILY DWELLING NO. 3/SF-3) 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 odginal 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 ordinanca? 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. Does the re-zoning bear a substantial relationship to the public health, safety, morals or general welfare or protect and preserve historical and cultural piacas and areas or meet a substantial public need? YES 5. HAS A COPY OF THE LAND DEED BEEN SUBMITTED?/~Y~/~ $ ~gnature of Applicant SWORN TO AND SUBSCRIBED BEFORE ME, by the said this 10th dayof ~'vn~ ,2002 . MaRie Cunningham, City Clerk · MACK ROSS l~tary Public, Stat~ of Texas JA.,C WORTN M NOTARY PUBLIC STATE OF TE~S THE STATE OF TEXAS, ISSi Know A~ Men By Thee Preens: COm4T~ 0F LA~AR That we, BETTY RUTH THOMSONt in~vidually and as independent executrix o£ the Estate of Elizabeth M. Thom$ont · ROY THOMSON Of DuPage County, Illinois and FAULKNEE C. TEOHSON~' of Prince ~eorge's county, ~ryland, being the 8ole and only devisees and heirs at law of Elizabeth M. Th~on~.. decease, ~ us' ~d~ PARIS INDEPENDE~ SCH~L DISTRICT, receipt and sufficency of which Is hereby acknowledged, and ~e fur~er tion of the construction of a street upon and across a lot or tract of 204, p. 600, Lair County Deed Records (of which the property hereinafter described and hereby conveyed to grantee for ~e street right-of-way a part), and ~e pro, se and agreement of grantee to pay all costs inci- dent to the construction of such street~ including any street assessmen~ that ~ght be ~de In connection ~erew~ and dedication to p~lic use, su~ s~ree2 to be completed wl~n 18 ~nths from 28 J~ua~ 1980, wise all p~per~y here~n and hereby conveyed to grantee, and any and all eas~n~ g~ven by grantors refer~le to ~e street, to revert to gr~o~, all as provided by Resolution of the Board of Directors o~ Par~s Inde~ndent 5~1 D~str~ct duly ~de and ~i~usly a~pted on 28 Janua~ 1980, to which Resolution ~d ~e record t=~reo~ ~ ~e of said ~ard reference is here ~de for all necessa~o~s, ." their successors ~n office of said Th~pso9 tract of land; TH~CE Bast parallel wi~ the SB line o~ said Thompson tract land 801 feet a stake In the ~ line of the said Thompson ~act of Land, also being 13~.5 feet North o~ the SE corner of said Th~pson t:ac~ of 1a~, sa~ ~n~ being 133,5 foe~ Sou~ of ~e NE co:n~ Of said Th~pson ~ac~ o~ lend; ~ Mast ~rallol wl~ ~e ~ line of ~o'Th~pson ~act l~a 801 ~eet to ~e place o~ begL~/ng. . . BTA'I~ OF TEXAS 'BAREMZNT J~OWALLNEN RyTHESB p~ESFSTS that we~ ~O~ON, Lnd~vLduallY and al independent executrix Esta~ of Eliz~e~ M. ~omson, of the County o~ of Texas, ROY S~ THO~OH O~ DuPaqe County, ~llinoi8, an~ FA~ER C. THO~ON, o~ Pr~nce ~orqe's Counk~, being the sole and only devisees and heirs at law st Eliza- be~ M. Tho~on, decease~, and R. F. ~o~on, deceased, do hereby convey ~o the Trustees of~18 X~epen~ent School District and their successors In office, an easemen~ across ~at certain pro~r~y described in deed to R. F. ~o~on recorded in Vol. 204, page 600, Lamar County ~ed Records, which easements are described as foll~s~ FIRST T~ACT= Boundary line of said Thomson tract of la. nd1 .. :-)._.. sa~d THENCE North along the East Bounaary A~ne.'UL Th6mson tract for a distance of $ feet to a po~.." ~ SECOND T~ACT: I '' A part of tho Joseph ~each SurVey~ No. 524, and being . ... a part of a tract of land conveyed by R, F, Tho~son by deed ' :" recorded in Volume 204, page 600 of the Deed Records of Lamar ...... BEGINNING at a point 133.S fee2 Sou~ o~ ~e p~sen~ - ', ' along ~,~CE Easterly ~arallel with the Nor~ ~nda~ ll~ of sara ~o~on tract ~-lan& 801 feet to a stak~'~n the Eal~ . .,'-. . TNENCB Westerly a distance of 281 feet along a line parallel to the North line of said Thomson tract to a point; THENCE North a distance of 20 feet along a line parallel to the East Boundary line of 30th Northeast to a point: THENCE Westerly for 250 feet along a line parallel to tho North line of said Thomson tract to s point; THENCE South s distance of 20 feet along a line parallel to the East Boundary line of 30th Northeast to a point! THENCE Westerly for 270 feet along a line parallel to the North line of said Thomson tract to a point in the East Boundary line of 30th Northeast! THENCE South along the East Boundary line of 30th Northeast for · distance of 5 feet to the point of be- ginning. TNIRD TRACT: A part of the Joseph Leach Survey NO. 524, and being . a part of a tract of land conveyed N. F. Thomson by deed re- oorded in Volume 204, page 600 of the Deed Records of Lamer CoUnty, Texas. BEGINNING at a point 183.5 feet South Of the present Northwest corner of said Thomson tract of land as measured along the East 8oundary line of 30th Northeast; THENCE Easterly along a line parallel to the North Boundary line of said Thomson tract of land for a distance of 801 feet to a stake in the East Boundary line of said Thomson tract: a point; parallel to the East right-of-way line of 30th Northeast; THENCE Westerly a distance of 250 feet along a line in. the East right-of-way line of 30th Northeast; THENCE North along the .East right-of-way line of 30th ~'~i~''-:'1: "!'~"' ; The SECO= and THIRD TRACTS above described are : ~'. heretofore deeded to the Paris Independent School District '.'.~ ./' :~'/:1 : ; and upon completiO~ of said street, said temporary easement shall revert to tho owners. · . . - . WITNESS O~a HANDS this ay of January, / ge0 ' . . ~.":'. · :: - -" and as independent executrix of ..... ' .... tho-Estate of Elisabath'M. '- ~ ~ .. ............. .. : .-~'~ . /f, ao,o=n~d, ez~tXu of omi note ~n t~e nm ST. ST.. 5 4 I0 ~65 115' 12 13 · .,~,HOUS TO~i~: / 14 15 I 6 8 17 N FIELD NOTES LOT 5-A CITY BLOCK 294 BEGINNING AT THE SOUTHEAST CORNER OF LOT 5-A CITY BLOCK 294 THENCE A DISTANCE OF 133.5 FEET NORTH TO THE NORTHEAST CORNER OF SAID LOT THENCE WEST A DISTANCE OF 801 FEET TO THE NORTHWEST CORNER OF SAID LOT THENCE SOUTH A DISTANCE OF 133.5 FEET TO THE SOUTHWEST CORNER OF SAID LOT THENCE EAST A DISTANCE OF 801 FEET TO THE PLACE OF BEGINNING.