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05&06 Glass ZoningDRAFT F:ALICE\ORDWORK\CURRENT\7-10-03 Zoning Ords July 3, 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 August 1, 2003. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the 10th day of July, 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 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-Familv Dwelline District No, 2 (SF-2) to Commercial 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 prs-established zoning ordinance and the long range master plan and map that has been adopted by the zoning ordinance? YES 2. Will the rs-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 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 5. HAS A C~PY OF THE LAND DEED'BEEN SUBMITTED? YES Sigs~cant SWORN TO AND SUBSCRIBED BEFORE ME, by the sa~d this 2nd dayof May ,200__._~_3. MaRie C-unn~ngham, City Clerk David Glass I~tary Public, State of Texas NOTARY PUBUC STATE OF TEXAS SPECIAL WARRANTY DEED (Cash) TIIESIAILOI I I,.XAS § COUNTIES OF LAMAR § KNOW ALL MEN BY THESE PRESENTS: THAT, I, THE UNDERSIGNED, FRANK MAXFIELD LOONEY, a single man, hereinafter referred to as "Grantor", whether one o.r more, for and in consideration of the sum of TEN DOLLARS ($10.00) cash, and other good aad Valuable consideratiou in hand paid by the Grantee herein named, the receipt and sufficiency of which is hereby fully acknowledged and confessed, 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 the GEORGE W. COX Survey, fully described on Exhibit A attached; This conveyance, however, is made and accepted subject to the 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 above described premises, together with all mad singular the 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 WARP~NT AND, FOREVER DEFEND all and singular the said premises unto the said Grantee¢.Grantee s }Bccessors and/or assigns, against every person whomsoever claiming or to claim the same o? ahy pa_r.[ thereof, by through or under the grantor herein. Grantee assumes payment of the taxes for 2001, previous years. EXECUTED the 28th day of SEPTEMBER, 2001. FRANK M'""A;~i*IF~O LO~I~ RP 11237a;E0270 STATE OF FLORIDA § COUNTY OF ~_..~Dt{.¢,-- § The foregoing instrmnent was acknowledged before me on the _% day of by E° AS~ ~ A'~.~,.~. ~. ~'~V - ;i,,,;, - ........... ~. EXPIRES: Nov~r 7,~ I~ MY COMMISSION EXPIRES: NOTARY PUBLIC, STA-T4~ OF FLORIDA PRINTED NAME OF NOTARY ,2001, Grantee's Address: (After Recording; Retarn To:) David Glass Investments LLC 2407-A Lamar Ave. Paris, Texas 75460 RP 1123PAGE0271 EXHIBIT A t~ ~r~w~a~ oo~er of a lc~ ~nveye~ bY ~s. ~ E. ~h~ ~ ~ ~v~ef ~ vl~a, ~ ~hea~ eo~er of the ~ lot, a~d a~o a ~ on ~e ~ line of ~r A~e. ~8aae ~ea~ ~ the ~ ll~ off ~r ATen~ 7~ fme~ ~ ~e p~e ~ be~l~. SAVE AND EXCEPT that portion conveyed to the State of Texas at Volume 301 Page 202 Deed Records of Lamar County, Texas.