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13&14 McFadden 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 MULTIPLE-FAMILY DWELLING DISTRICT NO. I (MF-1) ON LOTS 9 AND 9C, CITY BLOCK 257-B, REQUESTED BY JON MCFADDEN, PROSPECTIVE OWNER, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE-FAMILY DWELLING DISTRICT NO. 2 (SF-2); DESIGNATING THE BOUNDARIES OF THE MULTIPLE-FAMILY DWELLING DISTRICT NO. 1 (MF-1) 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 MULTIPLE-FAMILY DWELLING DISTRICT NO. 1 (MF-1) be, and the same is hereby, established on LOTS 9 AND 9C, CITY BLOCK 257-B, on property to belong to JON MCFADDEN, so as to include in such MULTIPLE-FAMILY DWELLING DISTRICT NO. 1 (MF-1) 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 MULTIPLE-FAMILY DWELLING DISTRICT NO. 1 (MF-1) 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 H. L. Williams Survey, and being the same property described in deed to Dennis H. Dellinger and wife, Virginia A. Dellinger, dated April 8, 1999, of record in Volume 868, Page 214, Lamar County Real Property Records, and being more particularly described as follows: BEGINNING at an iron pin for corner in the East Boundary Line of 27th Street N.E., said point being North 2 Deg. 42 Min. West a distance of 272.2 feet from an iron pin in the S.E. corner of the intersection of Pine Bluff Street and 27th Street N.E., same being the N.W. corner of Lot 9-A; THENCE North 2 Deg. 42 Min. West with the East Boundary Line of 27th Street N.E. a distance of 138.5 feet to an iron pin for corner; THENCE East a distance of 209.4 feet to an iron pin for corner; THENCE South a distance of 138.5 feet to an iron pin for corner; THENCE West with the North Boundary Line of Lot 9-A, a distance of 202.8 feet to the place of beginning and containing 0.655 acres of land, more or less; reference being made to all the above mentioned instruments and records for all necessary purposes, and being numbers 344 and 364 27th 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. ATTEST: ., Mayor Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney MF'I MF-I pD-~' ~. CriER Ry.=,=, · ZONING CHANGE REQUEST JON MCFADDEN MAY 5, 2003 3/12J03 To whom it may concern, I, Dennis H. Dellinger do hereby give Jon McFadden permission to seek re-zoning of my properties located at: 364 & 344 - 27th St. NE, Paris, TX_. Dennis H. Dellinger 3/12/2003 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 JON MCFADDEN , who upon oath deposes and says: "1 am JON MCFADDEN and my address is 2645 SE 40TH and my phone number is 903~785-4233 and I have a proprietary interest in property located within the corporate limits of the City of Paris being described as follows: LOTS 9 AND 9C, CITY BLOCK 257-B 344 & 364 NE 27TH "My interest in the above described property is CONTRACT TO BUY and 1 do request a,change in zoning from ONE-FAMILY DWELLING NO. 2 {'SF-2) District to MULTIPLE FAMILY DWELLING NO. 1 (MF-1) District. "In support of said request I make the following answers to questions 1-4: 1. Will the rs-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? NO 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 nf~d? YES ~? ~ 5. HAS A C?PY OF THE LAND DEED BEEN SUBMITTED? .,~S ~)'~nature o~'~pplicant SWORN TO AND SUBSCIHBED BEFOP. E ME, by the said JON MCFADDEN this 31ST dayof MARCH ,2003 . ~ta~ Public, State of Texas 1 ~V~jCj STATE OF ~E~S t Matfic Cunningham, City Clerk k ] ~ Uy C~m.~ 0512.2~ [ SPECIAL WARRANTY DEED TIlE STATE OF TEXAS § § I~NOW ALL MEN aY TIt]ESE PRESENTS: CO~ OF LA~ T~T I, ~G~ ~ DELL~GER ~ereh c~led "~tor'~, of~e Coif S~e ofMi~g~, for ~d m ~id~on of~c sum ofT~ ($10,00) p~d by DE~S H. DELL~GE~ r~ipt of ~& ~ ~ ~ hereby ac~owledged, ~d ~ the co~idcra6on of the di~sion ofprope~ in the divor~ de~ee of~e p~es h~cto; have ~te~ Sold ~d Con~eyed, ~d by ~e pr~ do Gr~L Sel[ ~d Conv~ ~o DE~IS H. DELL~GER ~er~ ~e~ "~tee'}, o~ ~¢ Co~ of L~, S~tc of T~, where ~ mm~g addr~s is, ~64 27a ~, P~is, Te~ 7~460, ~L OF ~ ~I~ED ~REST ~ ~d to MI ~at ce~ ~act or p~c~l ofl~d, ~d ~ ~prowm~ts ~creon, ~ L~ Co.W, T~ d~c~b~ ~d berg ~e s~e prope~ descn~ ~ d~ to De~s H. De.get ~d ~fe, Vk~a A. De'get, dared ~ g, 1999, of re.rd mB~k 868, P~ 214, L~ Co~W R~ Pc~e~ ~rds, ~d berg ~er des~bed ~ foHo~: BEG~G ~ ~ ken p~ for ~mer ~ ~c ~t Bo~d~ ~ of 2~ S~eet N.E., s&d ~t being No~ 2 Deg. 42 ~ West a ~t~ of 272.2 feet ~om ~ ken ~tersec6on of~e BI~Sw~t ~d 2~ S~eet N.E,, s~ behg ~e N.W. co.er of Lot 9-% ~NCE NO~ 2 D~g 42 ~. Wear ~ ~¢ ~t Bo~d~ L~e of 2~ Street N.E., a di~ce of 138,5 feet to ~ ken p~ for ~NCE E~T a &s~ce of 209.4 fe~ to ~ ~on p~ for comer; T~NC~ SO~ a ~ce of 138.5 feet ~ ~ ~on p~ for ~NCE ~ST ~ ~e No~ Bo~d~ L~c of~t 9-& a ~t~ce of 202.8 feet ~ ~e place oF be~g ~d centring 0.655 acres of 1~ more or 1~; ref~ce be~ made ~ ~ ~e above menfoned ~s~ ~d re~rds for ~ necess~ p~s. ~e convey~ce evid~ced by ~s deed is ~de subje~ to ~y ~d ~ e~ents, right-of-way, r~c6o~, cov~, condi~o~ ~d res~ of record appli~le to ~e ~ d~bed prope~ or ~y p~ ~ereoL ~d app~ces ~ere~ m ~e b~on~g ~to D~ H. DELL~GE~ fo~ev~, ~d ~tor hereby b~ds he~e]~ her h&a, ~ccutors, ~ato~, pe~on~ repr~en~v~, successors and assigns, to Warrant and Forever Defend, all and singular thc said premises unto the said DENNIS H. DELLLNGER~ h/s heirs and assigns, aga/ust every person whomsoever lawfully claiming or to claim the same, or way part thereof; by, through and under grantor here/n, but not otherwise..~ WITNESS rny hand this r--/ day of May, 2002. THE STATE OF MICHIGAN § COUNTY OF KALAMAZOO § TH~S instrument mc on/he ... 7 day of May, 2002, byVIRGINIA A. before DELLINGER. THIS INSTRUI~iENT WAS PREPARED SOLELY FROM INFORMATION AND ON INSTRUCTIONS GIVEN TO US BY OUR CI,'Hn, NT. NO TITLE OPINION, TITLE EXAMINA~ON OR OTHER INFORi~IATION HAS BEEN FURNISHED TO US IN CONNECTION WITH ITS PREPARATION. A, W. CLEM, A'rl ORNEY AFTER RECORDING RETURN TO: i'~- z--;.~.:,! /_. '.,?'. Mr. Dennis H. Dellthger ; ~-::::: ~ . ':-~. 364 27~ NE :./ , . ,' Paris, Texas 75460 ' ~ .~~J .: c. ~i, ', 2-':. ~';'n :':