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08&09 Starks Zoning Request DRAFT F:ALICE\ORDWORK~CURRENT~-7-03 Zoning Ords July 29, 200~ 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 MULTIPLE-FAMILY DWELLING DISTRICT NO. 1 (MF-1) ON LOT 18, CITY BLOCK 259, ON PROPERTY BELONGING TO HENRY STARKS, 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 f'mdings 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 LOT 18, CITY BLOCK 259, on property belonging to HENRY STARKS, 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 Lot 18, City Block 259, also being the same property described in deed from John F. Bell to Joyce A. Starks, recorded in Vol. 745, Page 259, Real Property Records of Lamar County, Texas, being more particularly described as follows: BEGINNING at a stake in the East boundary line of 25th Street N.E. (formerly North 40th Street), 255 feet North of the Southwest comer of the 3.2 acres of land described in deed from Pearle C. Dickson and others to Charles R. Evans, dated May 17, 1915, recorded in deed Book 155, Page 49, Lamar County Records; THENCE North a distance of 95 feet to a stake; THENCE East a distance of 221 feet to a stake; THENCE South a distance of 95 feet to a stake; THENCE West a distance of 221 feet to the place of beginning; Being the same property as described in deed from Mrs. Jonnie Bennett, to Jessie David and Billy Max Davis dated November 18, 1948, of record in Book 309, Page 343, Lamar County Deed Records, being number 514 25th St. 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 ora 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 September 1, 2003. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the 7th day of August, 2003. Curtis Fendley, Mayor ZONING CHANGE REQUEST RAY STARKS 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 Rev. Henry Starks , who upon oath deposes and says: "1 am Rev. Henry Starks and my address is Spdnqlake Storage. 2709 E. Cherry St.. Paris. TX 75460 and my phone number is. 903-249-0311 903-784-1477and I have a proprietary interest in property located within the corporate limits of the City of Paris being described as follows: Lot 18, City Block 259 514 NE 25th "My interest in the above described property is OWNER and I do request a change in zoning from a One-Family Dwellin~ District No. 2 ~'SF-2} toa xF~3~k~g~,.gY,.{~, MULTIPLE FAMILY ONE (MF-1) "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 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 need? YES 5. HAS A COPY OF THE LAND DEED BEEN SUBMi I I t:O? YES Signature~f Applicant SWORN TO AND SUBSCRIBED BEFORE ME, by the said Henry Staths this 21st dayof April ,2003 . Notary Public, State of Texas Marie Cunningham, Ci~ Clerk -~ ' WAPS~ANTY DEED WITH%~-/~IDOR~S LIEN Gr~nt~=: JOHN F. BELL ~r~e: JOYCE A. STARKS Pa~fs. Tx. 75460 Ten ~lZa=s and no/100 executed by Grantee, payable to the o=der of FIRST ~DE~ SAVINGS re~ained ~n favor of Lender in this deed to the extent of $33,731.00, and by a ~ed of Trust of eve~ dace herewith from the property that Is evidenced by a ~rtion of the nol;e descrSbed the property are retai~ed for the be~efi~ of a~d are hereby ASSOCIATION OF PARIS, Paris, Texas, Lender. BEGINNING a~ a stake in the EB l~ne of 25th Street NE (formerly North 40~h Street), 255 fee~ north of ~he the 3.2 acres of land described In deed from Pea=le C. D$ckson ~nd o~hers to Chas. R. Evans, dated May 17, 1915, recorded ,in deed B~k 155, Page 49, Lair County Records~ THENCE ~ST 221 fee=, a s~ake~ THENCE SOUTH 95 feet, a stake~ THENCE WEST 221 feet to the'place' of beginning& BeSng the same property as descried ~n deed from Mrs. Jonnie Bennett, to Jessie Davis and Billy Max DaV~S, dated }iov~er 18, 1948, of record ~n Book 309, Page 343, Lair County ~ed Reco=ds. This conveyance is ~de and accepted subject ~o 2he followSng matters, to the extent same ace in effect at this tin~ ~y and .,.,~., reservations and leases, if any, rela~ing to ~he hereina~ve deaczibed property, but only to the extent thay are Still in oifect, shown of ~ooord In the he~einabove mentioned County and are retained until each note desc=£bed ts ~ully paid according to EX£CUT~D this the ~ , day ~f January, 1998 RP 7451'&OE 2~0