05&06 Glass Zoning RequestDRAFT
F:ALICE\ORDWORK\CURRENT\6-5-03 Zoning Ords
June 2, 2003
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 COMMERCIAL DISTRICT (C) ON LOT 1, CITY BLOCK 249, ON
PROPERTY BELONGING TO DAVID GLASS, SO AS TO INCLUDE
THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE-FAMILY
DWELLING DISTRICT NO. 2 (SF-2); DESIGNATING THE BOUNDARIES
OF THE COMMERCIAL DISTRICT (C) 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
COMMERCIAL DISTRICT (C) be, and the same is hereby, established on LOT 1, CITY BLOCK
249, on property belonging to DAVID GLAS S, so as to include in such COMMERCIAL DISTRICT
(C) 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 COMMERCIAL
DISTRICT (C) 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, being Lot 1, City
Block 249, and being a part of the lot conveyed by L. Beal to Mrs. Ada H. Durham,
a widow, on June 19, 1945, as shown of record in Volume 283, Page 81, Lamar
County Deed Records, and being more particularly described as follows:
BEGINNING at the Northwest corner of the Durham lot above referred to,
same also being the intersection of the South Boundary Line of Lamar Avenue and
the East Boundary Line of 24th Street S.E., formerly known as South 39th Street;
THENCE South with the East Boundary Line of said 24th Street S.E. a
distance of 115 feet to a stake, same being the Northwest corner of a lot conveyed by
Mrs. Ada H. Durham to Jim Hawkes and wife, Loma Hawkes, on September 22,
1945, as shown of record in Volume 284, Page 22, Lamar County Deed Records;
THENCE East with the North Boundary Line of said Hawkes lot a distance
of 75 feet to a stake, same being the Northeast corner of said Hawkes lot and a point
on the East Boundary Line of the Durham lot first above referred to;
THENCE North with the East Boundary Line of said Durham lot a distance
of 115 feet to a stake, same being the Northeast corner of the Durham lot and also a
point on the South Boundary Line of Lamar Avenue;
THENCE West with the South Boundary Line of Lamar Avenue a distance
of 75 feet to the place of beginning, and being number 2404 Lamar 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 July 1, 2003.
PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this
the 5th day of June, 2003.
ATTEST:
Curtis Fendley, Mayor
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
MF-I
0
ZONING CHANGE REQUEST
DAVID GLASS
JUNE 2, 2003
R
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
David Glass
"1 am David Glass
and my phone number is 903-785-8457
, who upon oath deposes and says:
and my address is 2407 Lamar
and I have a proprietary interest in
property located within the corporate limits of the City of Paris being described as follows:
Lot 1, City Block 249
2404 Lamar
"My interest,in the above described property is OWNER
and I do request a change in zoning from One-Family DwellinR District No. 2 fSF-2)
to Commercial District (C)
"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
I.
3. Is the tract unsuitable for uses permitted ufider 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
Signa~r¢ ~f Applicant
SWORN TO AND SUBSCRIBED BEFORE ME, by the said
this 2nd dayof' May ,2003 .
David Glass
l~tary Public, State of Texas
J ~?~_/~%~ NOTARY PUBLIC
SPECIAL WARRANTY DEED
(Cash)
TIlE STATE ()lc TEXAS §
COUNTIES OF LAMAR §
KNOW ALL MEN BY TIIESE PRESENTS:
THAT, I, THE UNDERSIGNED, FRANK MAXFIELD LOONEY, a single man,
hereinafter referred to as "Grantor", whether one or more, for and in consideration of the sum ofTEN
DOLLARS ($10.00) cash, and other good aad valuable consideratiot'~ in hand paid by the Grantee
herein named, the receipt and sufficiency of which is hereby fully acknowledged and conl'essed, have
GRANTED, SOLD and CONVEYED, and by these presents does hereby GRANT, SELL and
CONVEY unto DAVID GLASS INVESTMENTS, LLC, herein referred to as "Grantee", the real
property located in Lamar County, Texas, and being described as follows:
Being a part of thc GEORGE W. COX Smwcy, fully described on Exbibit A attached;
This conveyance, however, is made and accepted subject to tile following: Right of Way deed
to the State of Texas dated January 23, 1948, of record in Volume 301 Page 202 Deed Records of
Lamar County, Texas.
TO HAVE AND TO HOLD the abovc described premiscs, together with all and singular tile
rights and appurtenances thereto in anywise belonging unto the said Grantee, Grantee's heirs;
executors, administrators, successors and/or assigns forever; and Grantor does hereby bind Grantor,
Grantor's heirs, executors, administrators, successors and/or assigns to WARRANT AND
FOREVER DEFEND all and singular the said premises unto the said Granted,:.Grantec's ~iqccessOrs
and/or assigns, against cvcry person whomsoever claiming or to claim the same or i/ny p.a!'.~ thereof,
by through or under thc grantor herein.
Grantee assr ncs paymeut ol'the taxes for 2001, previous years.
EXECUTED the 28th day of SEPTEMBER, 2001.
FRA~IK M~AkiVlF~D LO~9
RP l 123F a;F0270
STATE OF FLOI>,IDA §
COUNTY OF ~.¢llo.. §
The foregoing instrument was acknowledged before me on the ..~ day of
bye ................ y
!1~% .¥co,~u~ss~o~cc~,~ II
] ~.~:~ EXPIRES: Nov~r 7, 2~1
MY COMMISSION EXPIRES:
NOTARY PUBLIC, STA-T~ OF FLOR/DA
PR1NTED NAME OF NOTARY
,2001,
Grantee's Address:
(After Recorditt~5 Retttrn To.')
David Glass Inves#nettts LLC
2407-2t Lantar Ave.
Paris, Texas 75460
RP 1123P GE027i
EXHIBIT A
Begi~l~ a~ ~ ~or~ee~ ~o~ar of ~b.a ~rh~ lc~ above ~,fe~d ~o, same aJso
~ ~r~hwea~ oo~or of a lo~ ~mveye~ by ~l. A4a H. ~R~ ~ ~ ~w~ns ~ wifa,
~eaae ~st vita t~e ~ ~me of maid ~w~as ~t 7} fae~, a a~s, ~ ~ ~ ~o~-
maa~ ao~er af ~1t ~w~es ~, ~ a ~lmg on ~ ~ l~m of ~e Du~ lo~ fl~ ab~
SAVE AND EXCEPT that portion conveyed to the State of Texas at Volume 30l Page 202 Deed
Records of Lamar County, Texas.
RP 11237a [0272