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05&06 McLaughlin Zoning RequestDRAFT F:ALICE\ORDWORK\CiJRRENT\10-10-02 Zoning Ords September 30, 2002 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING ZOIVING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOLTNDARIES ESTABLISHED BY THE ZOIVING MAP OF SAID CITY; ESTABLISHING A NEIGHBORHOOD SERVICE DISTRICT (NS) ON LOTS 49, 47, AND 45, AND PART OF LOT 43, BLOCK 2 OF THE LAMAR TERRACE ADDITION, ON PROPERTY BELONGING TO DAVID MCLAUGHLIN, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE-FAMILY DWELLING DISTRICT NO. 2(SF-2); DESIGNATING THE BOLTNDARIES 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 COLTNCIL 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 LOTS 49, 47, AND 45, AND PART OF LOT 43, BLOCK 2 OF THE LAMAR TERRACE ADDITION, on property belonging to DAVID MCLAUGHLIN, 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 George W. Cox Survey and being Lots 49, 47, and 45, and the south 1/2 of Lot 43, a11 in Block 2 of the re- subdivision of Lamar Terrace Addition as the same appears of record in Book 1, Page 47, Lamar County Plat Records, and being more particularly described as follows: BEGINNING at a point in the west boundary line of 39th Street at the southeast corner of Lot 49; THENCE North with the west boundary line of 39th Street and the east boundary line of Lots 49, 47, 45, and 43 a distance of 70 feet to a point in the east boundary line of Lot 43, which point is 10 feet north of the southeast corner of said lot; THENCE West and parallel with the south boundary line of Lot 43 a distance of 125 feet to the east boundary line of an a11ey; THENCE South with the east boundary line of said alley and the west boundary line of Lots 43, 45, 47, and 49 a distance of 70 feet to the southwest corner of Lot 49; THENCE East with the southeast line of Lot 49 a distance of 135 feet to the place of beginning, being number 206 24th Street S.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, sha11 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 sha11 become effective November 1, 2002. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the lOth day of October, 2002. Michael J. Pfiester, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney ~ G G DAVID MCLAUGHLIN ZONING CHANGE REQUEST OCTOBER 7, 2002 , AFFIDAVIT REQUEST FOR AMENDMENT TO ZONING ORDINANCE N0. 1730 STATE OF TEXAS couNrv -or• Lnrinn ~ OEF00.E ME, the unJersi9ned autliority, on Chis day personally appeared navrn xcr.anr.NT.rN , who upon oaCh Jeposes and says: °I ~Itl _ DAVID MCLAUGHLIN , aod my address is PHONE NUMBER 73e-8706 2650 xaccr.Fx naivs and I have a proprietary n e-t~sE-_ ~ in property located within the corporate 1lmits oF the CiCy oF PaHs being described as follows: LOTS 45-47-49 and part oflot 43 . 206 S.E. 24th. "My interest in the above described property is nwresx and 1 Jo requcst a chan9c in zonin9 fY0111 pNE FAMILY DWELLING N0. 2(sF-2) DIStPICt CO NEIGHBORHOOD SERVICg (NS) D1sCrict. "In support of said request I make the following answers to questions 1-4: 1, Will the re-zoning be 1n accordance with Llie oriqinal comprehensive zonlny sclieme, as represented by the pre-establlslied zoning orJinance and the long ran9e master plan.and map tliat has 6een adopteJ by the zoning ordlnance7 2. -W171 the re-zoned designa H on be compaH ble wlth the classiFica Hon and usa of adjofning lands so as to avoid aJverse impact on neiglibors4 ' 3. Is the tract unsuitable for uses permltteJ unJer the present zoninq class- ificatlan; tlierefore justifying a chanpe in'zonlng7 No 4. Does the re-zoning bear a subsWnH al relationslilp to the public health, safety, morals or general welfare ar pratect and preserve liistorical and cultural places and areas or meet a substantial publlc need7 Yss ;1. 5, HAS R COPY' OE THE I:AND DEEO BEEN'SUDM TTE 7 YE ,C 1 ure o p n , ~ ' SWORN TO IIND SUOSCRIOED 6EFORE ME, by the sa1J DAVID MCLAUGNLIN thj5 4th. flqY Of SEPTEMBER 1 20 02 , ' CATHY BFJIIIY NOTMY PUBLIC LLaziA • . MyCOmM~islooFxpiTne24620D5 otary Pu , ta e o as. FILEO:~ ~ ; ~,c~oa i ~-~c+v.~.e.G.,.-`-,.~.,.._ ~E'tTe I.unnng wm, Tty f, i k~ 'CJ e GENERAL WARRANTY DEED (Cash) THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR § THAT THE UNDERSIGNED, STEPHEN JOHN SCHIERNBECK, a single person, hereinafter referred to as "Grantor", for and in consideration of the sum of TEN DOLLARS ($10.00) cash, and other good and valuable consideration in hand paid by the Grantee, herein named, the receipt and sufFiciency of which is hereby fully acknowledged and confessed, has GRANTED, SOLD and CONVEYED, and by these preseats does hereby GRANT, SELL and CONVEY unto DAVID L. MCLAUGHLIN and wife, LINDA L. MCLAUGHLIN, hereitt referred to as "Grantee", whether one or more, the real property located in Lamar County, Texas being more particulazly described as follows, to-wit: Being a part of the George W. Cos Survey and being Lots 49,47 & 45 and the South'/: of Lot 43, all in Block 2 of the resubdivision of Lamar Terrace Addition as the same appears of record in Book 1, Page 47, Lamar County Plat Records. BEGINNING at a point in the WBL of 39'" Street at the SEC of Lot 49; THENCE North with the WBL of 39' Street and the EBL of Lot 49, 47, 45 & 43, 70 feet, a point in the EBL of Lot 43, which point is 10 feet North of the SEC oF said lot; THENCE West and parallel with the SBL of Lot 43,125 feet to the EBL of an alley; TFIENCE South with the EBL of said alley and the WBL of Lots 43, 45, 47 & 49,70 feet to the SWC of Lot 49; TFIENCE East with tlie SE line of Lot 49,135 feet to the place of beginning. This conveyance, however, is made and accepted subject to any and all outstanding mineral interest, restrictions, reservations, easements, covenants and conditions, if any, relating to the herein above described property as now reflected by the records of the County Clerk of Lamar County, Texas. TO HAVE AND TO HOLD the above described premises, together with all and singulaz the rights and appurtenances thereto iii anywise belonging unto the said Grantee, Grantee's successors and/or assigns forever; and Grantor does hereby bind Grantor, Grantor's successors and/or assigns to WARRANT AND FOREVER DEFEND all and singularthe said premises unto the said Grantee, Grantee's successors and/or assigns, against every person whomsoever claiming orto claim the same or any parc thereo£ Payment of the ad valorem taxes for the current year on the property having been assumed by Grantee.