07&08 Stewart 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 4, CITY BLOCK 167,
REQUESTED BY E. A. STEWART, PROSPECTIVE OWNER, SO AS TO
INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS AN
AGRICULTURAL DISTRICT (A); 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 4, CITY BLOCK
167, on property contracted to E. A. STEWART, PROSPECTIVE OWNER, to buy, so as to include
in such COMMERCIAL DISTRICT (C) the hereinafter described property, which was formerly and
is presently designated as an AGRICULTURAL DISTRICT (A), 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 James Bourland Survey and of the property
described in deed from J. E. Crowley to W. Claude Walker and wife, Cornelia A.
Walker, recorded in Volume 286, Page 107, Lamar County Deed Records, also being
Lot 4, City Block 167, being more particularly described as follows:
BEGINNING at a stake in the East Boundary Line of Old Dallas Highway 24,
now FM Road 1497, at a point 230 feet North (Northerly) from its intersection with
the North Boundary Line of Loop 286, said distance of 230 feet measured by and
running with the East Boundary Line of said Farm Road;
THENCE North (Northerly) with the East Boundary Line of said Farm Road
a distance of 210 feet to a stake in said East Boundary Line; THENCE East a distance of 210 feet to a stake;
THENCE South (Southerly), parallel with the East Boundary Line of Farm
Road 1497, a distance of 210 feet to a stake;
THENCE West a distance of 210 feet to the place of beginning, containing 1
acre of land, more or less, reference being made to the above mentioned instrument
and its recording for a complete description and all necessary purposes, and being
number 2705 3rd 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, 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
ZONING CHANGE REQUEST
E~A. STEWART
JUNE 2,2003
AFFIDAVIT REQUEST FOP. AMENDMENT TO ZONING ORDINANCE NO. 1710
STATE OF TEXAS J
COUNTY .OF LAMAR
" DEFORE ME, the undersigned authority, on this day personally appeared
E~A. STEWART ~who upon oath deposes and says:
"l am E.A. STEWART ., and my address is
PHONE NUMBER 903-784-6283
910 41st SW end I have e proprietary interest
in property located wttNin the corporate limits of tile City or Paris being
described as follows: LOT 4 CITY BLOCK 167
2705 S.E. 3rd..
"My interest in the above described property is CONT~AgT TO BUY r ·
and I do reques'~ a change in zoning from AGRICULTURAL
District to COMMERCIAL (C) District.
"in support of said reques~ I make the Following answers to questions
1, Will the re-zoning be in accordance wl~b tiro'original compreNenslve
zoning scileme, as represented by the pre-established zoning ordhlance and tile
long range master plan.and map that bas been ~dOl)ted by the zoning ordinance?
YE~
2. Will tile re-zoned designation be compatible with the classtricetlon end
use of adjoining lands so. as to avoid adverse impact on neighbors?
3. Is the tract unsuitable for uses permitted unde.,r, the present zoning class-
Iflcatten; therefore Justifying a change tn'zonln.q? b;O
4. Does tie re-zoning bear a substantial rele't!onshl~ to the public health,
safety, morals or general welfare or protect and pro~erv~ ~ statical end cultural
places end area.s or meet a substantial public need?Yl~S ~
. 5, JlAS CQPY' OF TBE t~A~D DEED BEEN'SUBMITTED? XES,
S~Titure of Appllca~
SWORN TO AND SUBSCRIBED BEFORE HE, by the said
this 5TH day of ~kY. , .3003 ..
E.A. STEWART
Public, State of Texas
1~JANIOE L. WORTHAM J)
J,/,,,~,'~,J NOT/Q:IY PUBLIO ~
~.J STAT~ OF TE~S ~
~ My ~. ~. 05.12-2005 )
WARRANTY DEED
Da~c: November 16, 1987
Granlor: E.B. YORK and wife, ROBBIE H. YORK
Gramor'sMailingAddr¢~(includingcounty): Route 4, Box 202
Paris, ~Lamar County, Texas
75460
Granlcc: DOROTHY L. NEWBERRY
Grantce'~MailingAddrcss(includinL!count~'): Route 4, Box 29 -< [- .~I , ~
Paris, Lamar County, Texas ~} ~ ~-cn
...... 2 .................. TEN DOLLARS AND NO[100'S ($19.00)--5
~- ~'=~=-- --~..---r ~ -- -
~ ,~,':: ~ .~--,
Pro~r~y (including any improvcmcnts): County of~Lamar, State of Texas, all that certain tract
or parcel of land in Lamar County, Texas, described as follows:
A part of thc Jamc'J Bourland 8urveS. and of the property described in deed from
J. E. Crowley to W. Claude Walker and wife, Cornelia A. Walker, dated December 21, 19,
limits of the city of Paris, described by metes and bounds as follows:
BEGINNING at a stake in the EB line of Old Dallas Highway 24, now FM Road 1497,
at apoint 230 feet North, (Northernly) from its intersection with the NB line of Loop Rea
286, said distance of 230 feet measur?ed by and running with the E B Line of said
Farm Road;
THENCE North (Northely) with the E ~!ne of said Farm Road, 210 feet, a stake in
said EB line;
THENCE East 216 feet, a stake;
THENCE South (Southerly), parallel with the EB line of Farm Road 1497, 210 feet,
a stake;
THENCE West 210 feet to the place of beginning, contatining 1 acre of land, more
or less, referenced being made to the above mentioned instrument end its recorded for
R~ complete description ar~rl ali nece$.Sar¥ purposes.
When thc context requires, singular nouns and pronouns include the plur ~lc.[{)
WITNESS these hand this /~ ,7~('day of November, 1987.
T(OBBIE H. YORK ~//
STATE OF TEXAS
COUNTY OF LAMAR
This instrument was acknowledged bcforc mc on [he
by E. B. York and wife Robbie H. York..
duyof November /~-, ,19 87
STATE OF TEX AS
COUNTY OF
This inslrumcm was acknowlcd§cd bcfor¢ mc on thc
by
of
a
day of ,19
corporation, on beha[f o f sald .corporation.
'I ' r i */~Olgt r'j ~ '' Putblic, Slam of Texas
AFTE~ RECORDING RETURN TO:
Dorothy Newberry
Route 29
PREPARED IN THE LAW OFFICE OF:
George L. Preston
16 Clarksville Street
Paris. Texas 754~0