15&16 Beezley Zoning RequestDRAFT
F:XAttorneyXALICE\ORDWORK\CURRENT\5-8-03 Zoning Ords.wpd
May 5, 2003
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AMENDING ORDINANCE NO. 1710, THE ZONING
ORDINANCE 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. 2 (SF-
2) ON PT. OF LOT 10, CITY BLOCK 317, ON PROPERTY BELONGING TO
BETTY BEEZLEY, SO AS TO INCLUDE THEREIN TERRITORY
FORMERLY DESIGNATED AS AN AGRICULTURAL DISTRICT (A);
DESIGNATING THE BOUNDARIES OF THE ONE-FAMILY DWELLING
DISTRICT NO. 2 (SF-2) 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
ONE-FAMILY DWELLING DISTRICT NO. 2 (SF-2) be, and the same is hereby, established
on PT. OF LOT 10, CITY BLOCK 317, on property belonging to BETTY BEEZLEY, so as to
include in such ONE-FAMILY DWELLING DISTRICT NO. 2 (SF-2) the hereinafter described
property, which was formerly and is presently designated as an AGRICULTURAL DISTRICT
(A), and that the boundaries of said ONE-FAMILY DWELLING DISTRICT NO. 2 (SF-2) 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 Wesley Askins Survey, and being
a 79.28 acre tract of land conveyed Allan M. Witter by deed recorded in Volume
70, Page 776 of the Deed Records of said County and State, and being more
particularly described as follows:
BEGINNING at an iron pin (frs) at the most Northerly Northwest corner
of said 79.28 acre tract;
THENCE along the South Boundary Line of Smallwood Road as follows:
North 89 Deg. 38 Min. East a distance of 1089.3 ft. to an iron pin (s); South 89
Deg. 26 Min. East a distance of 723.3 ft. to a post (f) for corner at the Northeast
corner of said 79.28 acre tract, and the Northwest corner of the Ensey 30.48 acre
tract;
THENCE South 0 Deg. 38 Min. West along a fence a distance of 1607.1
ft. to an iron pin (f) for corner at the Southeast corner of said 79.28 acre tract; the
West Boundary Line of said 30.48 acre tract, and at the most Northerly Northeast
corner of a 71.195 acre tract of land;
THENCE along the South Boundary Line of said 79.28 acre tract as
follows: South 89 Deg. 14 Min. West along a fence a distance of 804.2 ft. to a
post (f) at the Northwest corner of said 71.195 acre tract and the Northeast corner
of the Elks Lodge 36.54 acre tract; North 88 Deg. 57 Min. West with a partial
fence line a distance of 1530 ft. to a post (f) for corner at the Southwest corner of
said 79.28 acre tract and the Northwest corner of said 36.54 acre tract;
THENCE North 1 Deg. 25 Min. East along the East boundary Line of Elk
Hollow Dr. a distance of 1067.5 ft. to a post (f) for corner at the most Westerly
Northwest corner of said 79.28 acre tract;
THENCE South 89 Deg. 05 Min. East along a fence a distance of 511.1
ft. to a post (f) for corner at an el corner of said 79.28 acre tract;
THENCE North 0 Deg. 10 Min. East along a fence a distance of 530.9 ft.
to the place of beginning and containing 79.73 acres of land, and being located
in the 2200 block of 36th Street N.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, 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 June 1, 2003.
PASSED AND ADOPTED by the City Council of the City of Paris, in regular session
on this the 8th day of May, 2003.
, Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
SF'3(~)'
(s)
ZONING CHANGE REQUEST
BETTY BEEZLEY
MAY 5, 2003
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
BETTY BEEZLEY , who upon oath deposes and says:
"1 am BETTY BEEZLEY and my address is 2200 NE 36~" Street Paris
75462 and my phone number is 903-785-6585 and I
have a proprietary interest in property located within the corporate limits of the City of Paris being
described as follows: Pt, of Lot 10, City Block 317
2200 Block of NE 36~ Street
"My interest in the above described property is OWNER
and I do request a,change in zoning from an Aqricuitural District (Al to a One-Family Dwel[inq
District No. 2 (SF-2).
"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 ne.ighbors?
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 places and areas or meet a
substantial public need? YES :i
5. HAS A COPY OF THE LAND DEED BEEN SUBMITTED? YES
SWORN TO AND SUBSCRIBED BEFORE ME, by the said BetW Beezle¥
l'(~tary Public, State of Texas
Maaie Cunningham, Ci~ Clerk
DEED OF TRUST, SECURITY AGREEMENT AND ASSIGNMENT OF RENTS
THE STATE OF TEXAS )
Know All Men by These Presents:
County of ~ )
Two ltundred Thousand and no/lO0 ........................ is 200,000.00
to tu. oraer oi PEOPLES NATIONAL BANK, Paris, Texas, . ¢o~e~ici.ry'
SALE OF TIlE MOI~.TGAGED pROPERTY
SECUI~VrY AGREEMENT
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