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03&04 Aubrey Zoning Ord DRAFT F:ALICE\ORDWORK\CURREN1\ 6-14-04 Zoning Ords June 7, 2004 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 ONE-FAMILY DWELLING DISTRICT NO.3 (SF-3)WITH SPECIFIC USE PERMIT (39) MOBILE HOMES, ON LOT 21, CITY BLOCK 323, ON PROPERTY BELONGING TO RONNIE AUBREY, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS AN AGRICULTURAL DISTRICT (A); DESIGNATING THE BOUNDARIES OF THE ONE-FAMILY DWELLING DISTRICT NO.3 (SF-3) WITH SPECIFIC USE PERMIT (39) MOBILE HOMES SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES ORP ARTS 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 ONE- F AMIL Y DWELLING DISTRICT NO.3 (SF-3) WITH SPECIFIC USE PERMIT (39) MOBILE HOMES be, and the same is hereby, established on LOT 21, CITY BLOCK 323, on property belonging to RONNIE AUBREY, so as to include in such ONE-F AMIL Y DWELLING DISTRICT NO.3 (SF-3) WITH SPECIFIC USE PERMIT (39) MOBILE HOMES the hereinafter described property, which was formerly and is presently designated as an AGRICULTURAL DISTRICT (A), and that the boundaries of said ONE-FAMILY DWELLING DISTRICT NO.3 (SF-3) WITH SPECIFIC USE PERMIT (39) MOBILE HOMES 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 John Watson Survey, more particularly described by metes and bounds as follows: BEGINNING at the Northeast comer of the 13 acre tract set aside to Mrs. Jewel Kemp in the partition deed between Mrs. Lucy Adams et ai, dated December 11,1945, and recorded in Book 281, Page 121, Lamar County Deed Records, a stake in the West Boundary Line of the old Garretts Ferry Road, which beginning point is also the Southeast Comer of the 52.1 acre tract ofland set aside by said partition deed to Mrs. Lucy Adams; THENCE West with the South Boundary Line of said 52.1 acre tract a distance of 150 feet to a stake; THENCE South a distance of 60 feet to a stake; THENCE East a distance of 150 feet, more or less, to a stake in the West Boundary Line of said Garretts Ferry Road; THENCE with the said Garretts Ferry Road North 2 Deg. 31 Min. West a distance of 60 feet, more or less, to the place of beginning; and being a part of the tract ofland conveyed by L. E. Walden and wife, Faye Walden to E. D. Humphrey and wife, Iva Humphrey, on December 25, 1950, by deed recorded in Book 313, Page 382, Lamar County Deed Records, being numbered 2715 19th Street N.W. 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 ofaMisdemeanor, and, upon conviction, shall be fined in any sumnotto 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, 2004. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the 14th day of June, 2004. Curtis Fendley, Mayor ATTEST: Sherian Dixon, Assistant City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney DRAFT F:ALICE\ORDWORK\CURREN1\ 6-14-04 Zoning Ords June 7, 2004 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 LOTS 2 AND 2-A, CITY BLOCK 266, ON PROPERTY BELONGING TO DON WILSON, 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 ORP ARTS 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 LOTS 2 AND 2-A, CITY BLOCK 266, on property belonging to DON WILSON, 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 Reddin Russell Survey, Abstract No. 786, and being a part of a 35 acre tract of land described in deed from Warren Alston to Matilda Coats dated June 15, 1938, recorded in Volume 250, Page 422, Lamar County Deed Records, and being more particularly described in metes and bounds as follows: BEGINNING at a 1" metal pipe found for comer at the intersection of the West Boundary Line of said 35 acre tract with the present South Boundary Line of Loop 286 Northeast; THENCE South 0° 45' East a distance of 702.3 feet along an old fence line to a stake; THENCE North 86° 18' East a distance of 154.2 feet to a stake; THENCE North 0° 36' West a distance of 591.5 feet to a steel rod set for comer in the South Boundary Line of Loop 286 Northeast; THENCE North 57° 09' West a distance of 186.5 feet along the South Boundary Line of Loop 286 Northeast to the place of beginning, containing 2.30 acres of land, being located in the 1800 Block ofN.E. Loop 286. 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, 2004. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the 14th day of June, 2004. Curtis Fendley, Mayor ATTEST: Sherian Dixon, Assistant City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney ---~ AFFIDAVIT REQUEST FDR AMENDMENT TO ZONING ORDINMCE NO. 1710 STATE DF TEXAS COUNTY .OF llll-1IIR DEFORE ME, the undersigned ~uthorHy, on this d~y personally appeared RO~¡;rr; AUBREY . who upon oa th deposes and says: "] ~'" RONNIE AUBREY , and my address Is PHONE NUMBER 903-784-4562 271~ N W 19th. and] have a proprietary Interest In property located within the corporate limits of the City of Paris beIng described as follows: LOT 21 CITY BLOCK 323 2715 N.W. 19th. "My interest In the above described property is ..Q!t!illL. and I. do reques t a change In zoni ng from Ar.RTCULTURAJ. DIstrict to ~TNr.TF. FAMTTY TI1REF. (~F 1) District. WITH SPECIFIC USE PERMIT (39) MOBILE HOMES "In support of said request lmake the followIng answers to questions l-~: 1. WIll the re-zoning be In accordance wl~h the'or.J.glnùl comprehen.sive zon I ng scheme, as represen ted by the pre- es tab 11 shed zon j ng ord I nance 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 class HI cation and use. of adjoInIng lands s~ as to avoid adverse Impact on neighbol's? YES 3. Is "the tract unsuitable for uses permItted under the present zonlnq class- Hlcatlon; therefore justHyln~ a ch~nge in' zoning? NO ~. Does the re-zonlng bear a substantial relù'tlonsl.lI i to the public heaHh, safety, morals or general ~le1fare or protect and preserve Llstorlcal .and cullurùl places and areas or meet a substantial Iublic need?~:I'RF. ARE NIIMF.ROII~ MORTT.E HOME~ TN THF. AREA . 5. III\S 1\ COPV' OF TUE lAND DEED BEEN'SUBMITTED? YES . ~«<.~, ~ ~/ I ~-- . . S gnature of Appl cant SWORN TO AND SUßSCRIßED BEFORE ME, by the said -B.Q!:INl.l.: AIIRRF.Y this 19 day of MARCH ,~O~.' ~J... Notary Public, State of Texas FILED! '{\I\ç:,..).,.& \à &o",i _I~ GIFT DEED 001356 THE STATE OF TEXAS § § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR THAT WE, LILLIAN ELIZABETH SISSON, LOUISE DOLLINS, .WESTLEY SISSON,<LARRY SISSON, DONNIE K. HANCOCK, BONNIE CHANEY, '.JIMMY SISSON, -BRIAN SISSON, RICKY SISSON,1!:LIZABETH THOMPSON, and SAMMY SISSON, ofthe County of Lamar, State of Texas,<GARY SISSON, of the County of Pike, State of Arkansas, BARBARA SISSON, ofthe CountyofPushmataha, State ofOklahoma, and DIANE ROBINSON, ofthe County of Dallas, State of Texas (all herein called "grantors), for the purpose of making a gift to the grantee herein named; have Granted, Given and Conveyed, and by these presents do Grant, Give and Convey, unto RONNIE AUBREY and wife, VEL V ADEAN AUBREY (herein called "grantees"), of the County of Lamar, State of Texas, where their mailing address is 2715 19th NW, Paris, Texas 75460, ALL OF OUR UNDIVIDED INTEREST in and to all that certain tract or parcel of land in Lamar County, Texas described as follows: Two (2) tracts ofland situated in the JOHN WATSON SURVEY, and being the same property described in deed JÌom J. V. Reed and wife, Martha Juanita Reed, to William Spencer Sisson and wife, Lillian E. Sisson, dated August 4, 1987, of record in Book 712, Page 245, Lamar County Deed Records; more particularly described in Exhibit "A" attached hereto and made a part hereof for all necessary purposes. The conveyance evidenced by this deed is made subj ect to any and all easements, rights-of- way, restrictions, covenants, conditions and reservations of record applicable to the within described property or any part thereof. tD 8 -< CJ ~ ""T I 0-1 ["T1 c:;: tP \ ::z.-< N ~= - ! n::;-,;) ~ r¡:2 :x ." ~ 0 (..) c "^':E .. -I ~ "T1 .s::- -< N -1- RP 1290 PAGEO25 0 -,.;.~ r- ;.-,. -T¡ -Y, ~: ["T1 ;6° ':-J .." :,0 ~.'= :::0 -.' ;:0 ::¡["T1 -<n . 0 ..-¡ ::0 rT'IO X -//-/ ,--. 1118 EXIIIßIT "A" ~])A part of the .John Wa tson Survey, described by metes and ~ as follows: BEGINNING at the NE Corner of the 13 acre tract set aside to Mrs. Jewel Kemp in the partition deed between Mrs. Lucy Adams et aI, dated December 11, 1945, and recorded in Book 281, Page 121, Lamar County Deed Records, a stake in the West Boundary Line of the' old Garretts Ferry Road, ¡.hich beginning point is also the Southeast Corner of the 52.1 acre trRct of land set aside by said partition deed to Mrs. Lucy Adams;. J I Tr:::;NCE; west with the' South Bc,undary L.lneof said 52.1 acre tract 150 ft., a stake; . THENCE South 60 feet, a stake; THENCE East 150 feet, more or less, a stake in the West Boundary Line of said Garretts Ferry Road; THENCE with the said Garretts Ferry Road North 2 Deg 31' West 60 feet, more or less, to the place of beginning; and being a part of the tract of land conveyed by L. E. Walden and wife, Faye Walden to E. D. Humphrey and wife, Iva Humphrey, on December 25, 1950, by deed recorded in Book 313, Page 382, Lamar County Deed Records. Tract 2 Situated about 3 miles Northwest of.the City of Paris, County of Lamar, and State of Texas, a part of the John Watson survey and being a part of an 8 acre tract of land conveyed. Jim Owsley by deed recorded ill Vol. 452, Page 378, of the Deed Records of Lamar County, Texas; BEGINNING at a stake for corner in the North Boundary Line of said Owsley tract of land, said point being 146 ft. West of the present Northeast Corner of sqme, said point for corner being the No;'.tbwest C')rner of Ð Jot IIOK olmed by J. V. Reed; THENCE West a distance of 150 ft. to a stake for corner in the North Boundary Line of said Owsley tract of land; THENCE South a distance of 60 feet, a stake for corner; THENCE East a distance of 150 ft. to a stake at the Southwest Corner of said Reed tract of land; THENCE North a distance of 60 ft. to the place of beginning and containing 0.21 acres of land. 1 etu r 1\ -f.t> ~ 3R~e~ t. LJa..,/kce- .;1115 ¡q.f" N.W. --:PM:", T\ð '1~I{;'<zO RP 6 7 0 PAGE 113 : t I: I' , ¡. STATE OF TEXAS COUNTY OF LAHAR I S S . . . ... . . :.'. ... ZONïNG CHANGE REQUEST MAY 3, 2004 . " RONNIE AUBREY . 2715 N.~/. 19th. .' . . . - . '. .' .~ R ~ . . <L ~. , CfI. . \ '" .~ ~ ./ I . .~ .~ \'I I \~ ,I ( . .-I / . I) 1- (8 8.4 ~ ~ I If./~' I N \....Y .~ .' , ~ 0,. . o. .,.. "" . .