05&06 Fulbright Zoning DRAFT
F:ALICE\ORDWORK\CURRENT\10-10-02 Zoning Ords
November 1, 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 LOTS 3 AND 5, BLOCK
Q, EAST PARK ADDITION, ON PROPERTY BELONGING TO CHARLES
FULBRIGHT, 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
(NS) SO ESTABLISHED; PROVIDING FORA 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 LOTS
3 AND 5, BLOCK Q, EAST PARK ADDITION, on property belonging to CHARLES
FULBRIGHT, so as to include in such NEIGHBORHOOD SERVICE (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 (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 Lots 3 and 5 in Block Q, East Park Addition to the City of
Paris, Texas, according to Plat of said Addition of record in Envelope 23-B of the
Office of the Lamar County Clerk, and being located in the 1400 block of Fitzhugh
Avenue.
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 December 1, 2002.
PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this
the 7th day of November, 2002.
Michael J. Pfiester, Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, 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
Chades Fulbrioht , who upon oath deposes and says:
"l am Chades Fulbrieht and my address is 1008 17t~ NE
and my phone number is 903-784-5315 and I
have a proprietary interest in property located within the corporate limits of the City of Paris being
described as follows: Lots 3 and 5, Block Q, East Park Addition
1400 Block of Fitzhugh
"My interest in the above described property is OWNER
and I do request a change in zoning from One-Familv Dwelline No. 2 (SF-2)
District to Neiohbor~ood 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 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 ordinance?
YES
2. Will the mm-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 unsuitabl~ 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
re of Applican~ '
SWORN TO AND SUBSCRIBED BEFORE ME, by the said CHARLES FULBI[TCH'~
this )rd day of October .2002 .
ffotary Publi~, State of Texas
l LL 2¢I OFT S t
~a~ie Cu~i~Sh~, Ci~ Clerk ~ ~ t · ~ ~~ .
2252
Prepared by the State Bar of Texas for use by lawyers only.
Revised 16-85.
WARRANTY DEED
(Long F6rm)
Date: September ~o0 , 2002
Grantor: Elizabeth Berry
Grantor's Mailing Addr~_ss/(including county):
Grantee: Charles Fulbright and Zenetta Fulbright
Grantee's Mailing Address (including county):
Consideration: Ten and No/100 ($10.00) and other good and valuabl~ consideration, th~
receipt of which is h~r~by ac~owl~dg~d,
Prop~ (including any improwm~nts):
All that certain tract or parcel of lnnd situated in Lnmnr Count, Texas, being
Lots 3 and 5, in Block Q, East Park Addition to the Ci~ of Paris, Tex~s,
accordin~ to Pint of said Addition of record in Envelope 23-B of the Office of the
Lsmar Coun~ Clerk.
Rese~ations ~om and Exceptions to Conwyanc~ and Wa~an~:
This conv~yanc~ is mad~ and accepted subject to th~ following ma~rs, to th~ ~xt~nt sam~
are in effect at this tim~: Any and all r~s~ctions, COwhand, conditions and easements,
mineral r~s~ations and leases, if any, r~lating to th~ abow desc6bed prop~, but only to
th~ ~xtent they ar~ still in effect, sho~ ofr~cord in th~ above mentioned Coun~ and Stat~.
T~S DOCUMENT WAS P~PA~D WITHOUT BE~FIT OF ~TLE E~MINATION.
Gr~tor, for th~ consideration and subject to th~ rese~ations from and exceptions to
conveyanc~ and wa~an~, ~ants, sells, and conveys to Grantee th~ prop~, together with
all and singular th~ rights and appu~enanc~s thereto in any wis~ b~longing, to haw and hold
it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever.
Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to
warrant and forever defend all and singular the property to Grantee and Grantee's heirs,
executors, administrators, successors, and assigns against every person whomsoever lawfully
claiming or to claim the same or any part thereof, except as to the reservations from and
exceptions to conveyance and warranty. When 'the context requires, singular nouns and
pronouns include the plural.
Elizabeth Berry, "her mark~
Witness /
Witness
(Acknowledgment)
STATE OF TEXAS
COUNTY OF LAMAR
Before me on this day personally appeared Elizabeth Berry, who made her mark by
making an X on said instmme.nt as to indicate t..ha~t it is her will and desire to deed ~bj,ect
prope , to ?rantee herein. .and
executed this Deed as Witnesses ~o El(zabeth Berry s nl(lfk. Elizabeth Berry,
~_/~.?~..~. an4-~t~ ~ , executed this Deed in the presence
0i:e;,-c'~'other and Eliz~beth B~"r~y has ~rected me to execute the foregoing instrument on
her behalf for the purposes and consideration therein expressed.
ql~ven tunder my hand and seal of office this ~/ , day of
~.~ ,2002. '
AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF:
Charles Fulbright Sydney Young
2765 N. E. Loop 286
Paris, TX 75460
ISp_s
CHARLES FULBRIGHT
ZONING CHANGE REQUEST
NOVEMBER 4, 2002