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05&06 Swindle Zoning DRAFT F:ALICE\ORDWORK\CURRENT\l-12--04 Zoning Ords December 30, 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 NEIGHBORHOOD SERVICE DISTRICT (NS) ON LOTS 11 AND 12, BLOCK B, EAST PARK ADDITION, ON PROPERTY BELONGING TO SHIRLEY AND DONNA SWINDLE, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE-FAMILY DWELLING DISTRICT NO. 3 (SF-3); DESIGNATING THE BOUNDARIES OF THE NEIGHBORHOOD SERVICE DISTRICT (NS) 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 NEIGHBORHOOD SERVICE DISTRICT (NS) be, and the same is hereby, established on LOTS 11 AND 12, BLOCK B, EAST PARK ADDITION, on property belonging to SHIRLEY AND DONNA SW1NDLE, so as to include in such NEIGHBORHOOD SERVICE DISTRICT (NS) the hereinafter described property, which was formerly and is presently designated as a ONE-FAMILY DWELLING DISTRICT NO. 3 (SF-3), and that the boundaries of said NEIGHBORHOOD SERVICE DISTRICT (NS) 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 Lots 11 and 12, Block B, East Park Addition, and being more particularly described as follows: BEGINNING at the Southeast corner of Lot 11, City Block B, East Park Addition; THENCE North a distance of 100 feet to the Northeast corner of Lot 12; THENCE West a distance of 100 feet to the Northwest corner of said Lot 12; THENCE South a distance of 100 feet to the Southwest corner of Lot 11; THENCE East a distance of 100 feet to the place of beginning, being number 1730 10th 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 February 1, 2004. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the 12th day of January, 2004. Curtis Fendley, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney 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 Shirley and Donna Swindle , who upon oath deposes and says: "1 am Shirley and DonnaSwindle and my address is 1730 10th NE and my phone number is 903-784-2593 and I have a proprietary interest in properly located within the corporate limits of the City of Pads being described as follows: Lots 11 and 12, Block B, East Park Addition 1730 10~h NE "My interest in the above described property is OWNER and I do request a change in zoning from One-Family Dwellinq District No. 3 (SF-3) to a Nei.qhborhood Service (NS) District "In support of said request I make the following answers to questions 14: 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 mpact 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 SUBMITTED? YES Sigl~ature o£ App~cant SWORaX/TO AND SUBSC~BED BEFOI~ ME, by the said Donna Swindle · is Ist .dayof December ,2003 . N~a~ Public, State of Texas F~ED: ~ FIELD NOTES LOTS1 l&12 BLOCK B EAST PARK ADDITION BEGINNING AT THE SOUTHEAST CORNER OF LOT 11 CITY BLOCK B EAST PARK ADDITION THENCE NORTH A DISTANCE OF 100 FEET TO THE NORTHEAST CORNER OF LOT 12 THENCE WEST A DISTANCE OF 100 FEET TO THE NORTHWEST CORNER OF SAID LOT THENCE SOUTH A DISTANCE OF 100 FEET TO A CORNER OF LOT ! 1 THENCE EAST A DISTANCE OF 100 FEET TO THE PLACE OF BEGINNING. CLEMENT ISp-. CKORY ZONING CHANGE REQUEST JANUARY 5, 2004 1730 N.Ei 10th. LI