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05&06 Posey ZoningTO: FROM: SUBJECT: CITY COUNCIL MEMBERS STEVE METHVEN ZONlNG PETITION ' CITY ON JUNE 3, 2002 A PETITION WAS PRESENTED AND FILED WITH THE CLERK IN OPPOSITION TO THE REQ ,UE~STED ZONING CHANGE OF EARL POSEY IN TKE 500 BLOCK OF N.W. 24 . THIS PETITION WAS SIGNED BY ALL BUT TWO OF THE PROPERTY OWNERS WITHIN THE 200-FOOT BOUNDARY REQUIRED BY ~ 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. DRAFT 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 TWO-FAMILY DWELLING DISTRICT (2F) ON LOTS 2 & 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 & 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 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, 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 southwest 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 and containing 4.50 acres of land, also described as Lots 2 and 3, City Block 300, and being located in the 500 block of 24th Street N.W. 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 ZONING CHANGE REQUEST EARL POSEY' JUNE 3, 2002 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 Pose¥ , who upon oath deposes and says: "1 am Earl Pose¥ and my address is 1628 Belmont and my phone number is 785-2658 and I have a prepdetary 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) TWO-FAMILY DWELLING (2F) District. District to -- '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 public health, safety, morals or general welfare or protect and preserve historical and cultural places and areas or meet a substantial public need? YES 5. HAS A COPY OF THE LAND DEED BEEN SUBMITTED? YES Signature of App~cant SWORN TO AND SUBSCRIBED BEFORE ME, by the said this 7~ day of June ,2002 . Mattie Cunningham, City Clerk '~ ' Earl Posev l~tary Public, State of Texas NOTARY PUBLIC STATE OF TEXAS Uv Cornm. Exp, 05-12-2e05 WARRANTY DEED Grantor: SHERRY LYNN POSEY Grantor's Mailing Address (including county): 599 NW 24th Peris Lamar County Texas 75460 Grantee: EARL DEAN -ramcc's.--a..-ne---n:ss,.nc.u-.necoum..,: 2230 E. Price ApL 16 _: c~', ''" Paris r,amar County Texae 75460-: ,-. ?.i~ Consideration: ................. "I'EN DOLLARS AND NO/100 ·--~.'~ ~ .... ................................... ($~-0.00) ............................. ,/,--.-.S .-'. r~-. and other good and v~uable consideration. ~,, Properly (includin§ any improvements): Reservations from and Exceptions to Convcyancc and Warranty: All those of record. Grantor. [o~.c~d~Is~l~ons from and eaceplions to conveyance and warranty, grams, s~lls. and conveys f6G finli~he'~'l't'6~'elle~'i.}ilh~alrlli~ ilngular the rishts a~d appurtenances thereto ia any wise belonging, to have and hold it to Grantee. Grantee's heirs, executors, ndminislrators, successors, or assigns forever. Grantor binds Grantor and Greeter's heirs, execmors, administrators, and succe,~sors to warrant and forever defend all and singular the property to Gramet: and Grantee's heirs, ex~cutor~, administralor~, succtssors, and assigns against eve~7 person whomsoever lawfully claiming or to claim the same or any pan thereof, except a~ to Ihe reservations from and exceptions to conveyance and warranty. DAY OF .._~__. 1996. STATE OF TEXAS COUNTY OF LAMAR by Sherry Lynn Posey State o~ '~a! mmtsslon E~plros 3-27- STATE OF TEXAS COUNTY OF This instrument was acknowledgcd before me on the of a cmporafion, on bel~f of said co~oration. day of ,19 NoUn's namc (printed): Nota~'$ ¢onuuission expirc~: Earl Dean ~o~y PREPARF.~ IN THE LAW OFFICE OF: George L. Preston 16 ClarksviHe Street Paris, Texas 75460 A part of the Asa Jarman Survey, Abstract No, 479~ and being the ' same tracts described as Tract I and Tract I~ 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 5y metes and bounds as follows! BEGINNING at a 1-inch diameter steel rod set for corner at the Southeast corner of said"Charles Moran pfoperty~ 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 Minu~es 50 Seconds East, 414.86 feet along an old fence line to a m~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, ~ ~' June 14, 2002 (, i'Y OF PARIS TO: Planning and Zoning Commission This response is in r*gards to the rezoning from one-family dwelling to two-family dwelling of property Lots 2 & 3, City Block 300, being the 500 Block 24th ~ 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 NUMBER June 14, 2002 TO: Planning and Zoning Commission This response is in regards to the rezoning from one-family dwelling to two-family dwelling of prop~'ty 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 J/9...<,~ bo, ?~ ~,,. /q z_L June 14, 2002 TO: Planning and Zoning Commission This response is in regards to the 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. ADDRESS PHONE NUMBE,R June 14,2002 TO: Planning and Zoning Commission This response is in regards to thc rezoning from one-family dwelling to two-family dwelling of property Lots 2 & 3, City Block 300, being ~h¢ 500 Block 24th NW by Earl Posey. We the undersigned prol~ty owners wish to oppose the change to two-family dwellings and continue with one-family dwelling. NAME ADDRESS PHON~ NUMBE~ May 30, 2OO2 TO: Planning and Zoning Commi.~on This response is in regards to the re-zoning from one-family dwelling to two-family dwelling of prop~'m'y Lots 2 & 3, City Block 300, being the 500 Block 24th NW by Earl Posey. We the und¢,~igned property owners wish to oppose the change to two-family dwellings and continue with one-family dwelling. NAME ADDRESS PHONE NUMBER May30, 2002 TO: Planning and Zoning Commit, sion This response is in regards to the 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 ulldelsiglled property owllers wish to oppose the challge to two-family dwellings and continue with one-family dwelling. NAME ADDRESS PHONE NUMBE~R 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 property owners wish to oppose the change to two-family dwellings and continue with one-family dwelling. NAME ADDRESS PHONE NUMBEg z5 #,w/ 7 y3-ooo~