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03&04 Whitaker 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 LOT 14, BLOCK C, LAMESA HEIGHTS ADDITION, ON PROPERTY BELONGING TO WANDA WHITAKER, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE-FAMILY DWELLING DISTRICT NO. 2 (SF-2); 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 LOT 14, BLOCK C, LAMESA HEIGHTS ADDITION, on property belonging to WANDA WHITAKER, 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. 2 (SF-2), 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 a part of the George W. Cox Survey and being Lot 14 in Block "C," of the Lamesa Heights Addition to the City of Paris as shown by plat of record in the Plat Records of Lamar County, Texas, and being number 2235 Sycamore Street. 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 Wanda Whitaker , who upon oath deposes and says: "1 am Wanda Whitaker and my address is 2235 Sycamore and my phone number is 903-785-5417 and I have a proprietary interest in property ~ocated within the corporate limits of the City of Pads being described as follows: Lot 14, Block C, Lamesa Heights Addition 2235 Sycamore "My interest in the above described properly is OWNER and I do request a change in zoning from One-Family Dwellinq District No. 2 (SF-2) to a Neiqhborhood Service District (NS) "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 SUBMITTED? YE]~ Signature o£ Applicant SWORN TO AND SUBSCRIBED BEFORE ME, by the said Wanda Whitakcr this 17~ day of November ,2003 . N~ary Public, State FILED: Matfic CunnJn~ham, Ci,y Clork STATB OP TEXAS . 8ta~e o~. ~exao~ ~ot end ~n cons~de:at~on o~ the sum o~ ~0/~00 ~L~s (8~0,00~ and o~he~ vaZ~able cons~de~a~o~ UndeFs~ned pa~d b~ ~he .9~an~ee Aegean n~mod~ ~he ~ece~p~ ~h~ch ~8 hereb~ aCk~o~Zedged, have G~D~ S0~ ~ CO~ and b~ ~hese P~esen~s do ~ S~ ~ C0~ Un~o WA~DA SOB ~AE~ ~ho8o ~Z~n~ add~eo8 ~a 2235 S~ca~oFO S~, ~n ~ma~ County~ ~exaez ~ this ~ da~ of ~arc~, 1987. (Acknowledgment) STATE OF TEXAS ) Thl~ ~na=rUmen~ wae acknowledged befo=e of ~arc~, ~987, by ~N G~ZLLE W~ZT~ER. NO~AR~ PUBLZO'r S~ATE Om TEXAS Wnndn Wh/takor 1235 Sycamoro Rick S~and/for Paris, TX 75460 8IO-B Lamar Ave. Parls~ TX 7S460 , ,_. EXHIBIT "A" '"'~ FIRST TRA~T: '"~ '" S£CO~D TRACT: ..... =..,,. 79 feet g~t of the S~ co=ne~ of tha~ certain ~rac~ or heretofore conveyed b~ Lester E, Womack et ux a~d B~lly -~.:<, :'..,~ heretofore conveyed by Lester E. Womack etux and Bllly~]. '"; ' ~ ;O~ parallel w2th 'the EB line of the f~ ?> ?;:..~.:Calva=y Baptist ~urch lo~ 150 ~eet~,a Itake In the ~. J m ~_ ' ~:,3-,~ ~f, lane of ~efferson Road :. : .:'. , .'" .'.~'~" '.' ~';"' '-- ~'".?' .' '- '~ · · fee~ to ~he place of ~ginning. :' ';.'~' '~- ,'- ,- , '" :.[ ~u.: :.-.' "~t' --.' ' , · '. ' ' ~.',.. ......... :~:.-~:':5'c~ :,.,s ...... . - .... '.' "" ..... ....;...... ........ . . : _.~ ~' · ... . ~ , See Ord. 92*O0' ZONING CHANGE REQUMST JANUARY 5, 2003 ' '2235 SYCAMORE Steve Methven From: Sent: To: Subject: Michael R Morrow [mr-morrow tamu, u] Monday, January 05, 2004 4:22 PM smethven@ lstamet.corn P&Z Committee Mr. Methven, I am not able to attend the P&Z Meeting scheduled for tonight, Monday, January 5. I do have some concerns with the proposed zoning change for the Lamesa Heights division. This neighborhood is generally a nice, quite neighborhood with several older couples, as well as families with children. There is only one entrance/exit to the neighborhood. The homes in this area are probably 25-35 years old, generally small, but well maintained. Many have only one-car garages which means several cars parked on the streets. Typical backyard fencing is waist-high, chain-link rather than 6 ft privacy fences. I know of no other businesses in the neighborhood at this time. It concerns me that once one property is re-zoned, then it becomes easier for other properties to be re-zoned for other purposes. Traffic and parking might be affected as well as property values for re- sale and/or rental housing. In addition, a business in a neighbor's yard might force the purchase of privacy fencing. In my opinion, I would like to see this the Lamesa Heights neighborhood remain strictly a residential area. I see no benefit to allowing businesses in this area. If you have questions please feel free to call. Thank you. Sincerely, Mike Morrow 2255 Bella Vista Dr. Paris, Texas 75460 (903) 784-2744