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17-Zoning; Public HearingCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department- Presented By: Agenda Item No.: 08/17/09 Planning & Zoning Shawn Napier, P.E., Director of Council Date: Commission Engineering, Planning and 17. 08/24/09 Develo ment RECOMMENDED MOTION: Not an action item - public hearing and first reading POLICY ISSUE(S): Zoning; Public Hearing BACKGROUND: BK Trading, Inc. has requested that the zoning for a 0.470 tract of land that is part of the Wesley Askins Survey #7 and located at 3909 Fann to Market 195 be changed from an Agricultural District (A) to a Commercial District (C) in order to sell beer and wine at the existing business. The Planning and Zoning Commission recommended approval of this request. One person spoke in favor of the request. No one spoke in opposition to this request. BOt1RD/COMMISSION RECOMMENDATION: The Commission recommended approval of this request by a vote of 5-0. EXHISiTS: Ordinance, memo, location aerial, and site photo ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt $ ❑ Presentation Z Otdinance y'I'D Actual $ Z Public Hearing ❑ Other Acct Name Acct Number FiscAr. NorE s: vw- REVIEWED AND APPROVED BY: Z Administration Z City Clerk Z Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 m _~~~io" MEMORANDUM TO: Chairman and Members of the Planning and Zoning Commission Honorable Mayor and Members of the City Council FROM: Planning and Development Department SUBJECT: Zoning Change Requests DATE: July 24, 2009 The following zoning change request will be presented at the August 3, 2009, meeting of the Planning and Zoning Commission and the August 24, 2009, meeting of the City Council of the City of Paris for consideration: BK Trading, Inc. is requesting that the property located on a 0.470 tract of land that is part of the Wesley Askins Survey #7, being number 3909 Farm to Market 195, be rezoned froin an Agricultural District (A) to a Commercial District (C) with a Specific Use Pennit (49) Auto Fuel Sales. The Comprehensive Plan recommends that this property be zoned Low Density Residential. Approval of this request would require an amendment to the Comprehensive Land Use Map. cc: Kevin Carruth, City Manager W. Kent McIlyar, City Attorney -11 ! DRAFT F:ALICE\ORDWORK\CURRENT\Zoning Ords BK Trading 3909 FM 195 - 8-24-09 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO REZOIVE A 0.470 ACRE TRACT OF LAND BEING A PART OF THE WESLEY ASKINS SURVEY #7, LOCATED AT 3909 FARM TO MARKET 195, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM AN AGRICULTURAL DISTRICT (A) TO A COMMERCIAL DISTRICT (C) WITH A SPECIFIC USE PERMIT (49) AUTO FUEL SALES DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the Planning & Zoning Commission received a request for an amendment to the Zoning Ordinance of the City of Paris to rezone a 0.470 acre tract of land being a part of the Wesley Askins Survey #7, located at 3909 Farm to Market 195, City of Paris, Lamar County, Texas from an Agricultural District (A) to a Commercial District (C) with a Specific Use Permit (49) Auto Fuel Sales; and, WHEREAS, on August 3, 2009, the Planning and Zoning Commission conducted a public hearing on the proposed amendment to the City zoning ordinance and, following said hearing, made formal recommendation to the City Council to approve the requested zoning; and, WHEREAS, on August 24, 2009, following notice and publication as required by law, the City Council of the City of Paris conducted a public hearing on the 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 Future Land Use Plan of the City of Paris, consistent with the City zoning ordinance, and in the best interests of the public health, safery, and welfare of the citizens of the City of Paris. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 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 Official Zoning Map of the City of Paris, Texas and Zoning Ordinance No. 1710 of the City of Paris as heretofore amended is hereby further amended to rezone a 0.470 acre tract of land being a part of the Wesley Askins Survey #7, located at 3909 Farm to Market 195, City of Paris, Lamar County, Texas from an Agricultural District (A) to a Commercial District (C) with a Specific Use Permit (49) Auto Fuel Sales, said property being more particularly described in Exhibit A attached hereto and made a part hereof. w vli U1-- Section 3. That the Chief Building Official of the City of Paris be, and he is hereby, directed to change the Official Zoning Map of the City of Paris, Texas to reflect the changes set forth in this ordinance. Section 4. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 5. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section 6. That it is the intention of the City Council of the Ciry of Paris that this ordinance, and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 7. That any person violating any provision of this ordinance shall be guilty of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec.1-6 of Chapter One of the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the above-enumerated sections shall constitute and be deemed a separate offense. Section 8. That the City Council voted by a supermajority vote of the entire Council to suspend the rule requiring two readings before adoption of ordinances ayes and _ nays. Section 9. That this ordinance shall become effective from and after its passage of the first reading and publication as required by law. PASSED AND ADOPTED on by the Ciry Council of the City of Paris, in regular session on this the 24th day of August, 2009. Jesse James Freelen, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney , ek voi Fs 0017517001 OR 1904 107 ~ VLOTICF OF CONFtDFNTfAT.iTY RICHTS: IF YOU ARE A NATURAG PERSON, YOU AIAY REMOVE OR STR[KE ANY OR ALL Or THE FOLLOW[NG INFORMATION I FR0111 ANY INSTRU141ENT TIiAT TRANSFERS AN IIVTEREST IN REAL. PROPERTY [3EFORE IT 1S FILED POR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUbIBER OR YOUR DRIVER'S LICENSE NUMBER. WARRANTY DEF.D (wNh Vendor's Licn) TiiE STATE OF TEXAS ) 09-0 I C6 KNON ALL MEN BY THESE PRESENTS: ~ COUNTY OF LA111AR ) . ; , THAT ACIIA FOOD STOP, INC., A 7'exns Curporation, by and through its duly authorizcd President, ATehmood Abha (hcrcin cAllcd "grantor"), of the Counry of Lamar, State of j ' Tcras, for and in considcration of tlic sum of Tcn 10.00) nnd morc Dollars casli to it in liand paid . by 111ASOODA KIINAJA, rcccipi ofwhich is licrcby ucknowlcdged; nnd ~ i Two hundred twcnty tliousand und no/100 (S220,000.00) Dollars paid by PEOPLES BANK, Par3s, Texas, for the graiiicc hercin at herspecial instance and requcst, which sum of 5220,000.00 is evidenced by venJor's lien note executed by grantec herein, payablc lo PEOPLES BANK us thercin ! I providcd, sccurcd by thc vcndor's licn hcrcin rctaincd and additionaily sccurcd by dccd of wst to i Tcrry L. Christian, Trustcc, for thc bcncfit of thc hoidcr of said nota Thc vcndor's lien hcrcin rctaincd is hcrcby Iransfetrcd and assigncd to PEOPLES IiANK, Paris, Tcxas, and it is subrogatcd ~ to all thc rights thcrclo as if it wcrc thc oribinul gruntor Bcrcin; i havc Grantcd, Sold and Convcycd, nnd by thcsc prescnts do Grant, Scll nnd Convcy unto ~ } DIASOODA KH1VAJA(herein callcd "grantee"), of tlie County of Lamar, State of Texas, where hcr ~ mailing address is P. 0. Box 843, Paris, Tcxas 75461-0843, nll thosc ccrtnin tracts or parccls of lnnd in LAmar County, Texas describcd ns follows; Subject To the power line across the propeRy, as shown on tlic plat of Ilu survcy made by J. M. Nclson, Registercd Profcssionol Land Survcyor, dnted January 29, 1987: EXHIBIT A -120 . , ~~~~os~~~~oi eoR vX904 ios Two (2) trncts of Innd about four (4) milcs North 53 Dcg. Cast Crom the Ciry of Paris, part of 1hc Y Wcsley Askins Survcy, Abst. No. 7, containing 0.470 abrc of land anJ 0.241 acrc of land, and bcing the samc propcrty dcscribed in decd to AGNA food Stop, Inc., A Tcxas Corporalion, oCrccord in Qook 1816, Pagc 206, Lamar County Official Records; morc fully dcscribcd in Gxhibit "A" auachcd hcrcto and madc a part hcrcof 1 for aIl ncccssary purposcs. ~ TO HAVE AND TO HOLD the within dcscribed prcmiscs, togctlicr wilh al I and singulor the rights nnd nppurtenances thcreto in anywisc bclonging unto AIASOODA KIIIVAJA, licr luirs or I assigns forcvcr, and granton cereby binds ilsclf, ils succcssors and assigns, lo Wacrant und Forcvcr Dcfend; aU nnd sinbular the wilhin dcscribcd propcrly nnd prcmiscs unto 5IASOODA KilNAJA, ' hcn ceirs and nssibms, against evcry pcrson whomsocvcr lawfully claiming, or lo ciaim thc sumc, or nny part thercof. BUT IT IS EXPRESSLY AGREED and stipulateJ that thc vcndor's licn is rctaincd as aforesaid against the within dcscribcd propcrty, prcmiscs nnd improvcmcnts until Uic abovc JcscribcJ ~ notc, and all intcrest thcrcon, arc fully paid according to its facc and tcnor, cffcct and readinb, whcn ; this dccd shnU bccomc ubsolutc. WITNESS this 21st day ofJunc, 2007. f • ~ AGHA FOOD STOP, INC. ` A Texas Corporalion - BY: ' ~ hiEl{MOOD ! A, PresiJcnf ~ Duly Autborizc 1 ~ i g e n ' S° ti' pQ ia Lr- ~ I1 ~ H O A I N 4° ~ i e N r. O~ d W _1~ W ~ ~g a 1 J - 1 , ! ~ I V ek voi P9 01:1050001 oR 1904 11]9 THE STATE OF TEXAS ) ) COUNTY OF LAMAR ) THIS instrumcnt was acknowlcdgcd bcforc mc on thc ~ dny of ]unc, 2007, by MEHMOOD AGHA, in thc capaciry thcrcin slatcd. Notory Pub ic, Stntc of cx coo~uooeooeasenooaoaeo9 ° .~•'~~Y'~~••. DENISE MOFFITT° ' Notary Public ° 8;'~ _(1?-•~; • •a= S1-ATE OF TEXAS : My Commission 4 , Expires 12102/2009: AFTF.R I2F.CORDING RF.TURN TO: M1ts. htasooda Khwaja P.O. Dox 843 1'aris, Texas 75461-0843 PRFPARFD IN TIIF.I.AW OFFICF.OF: A. W. Clcm, Attomey c/o'fhc Moore [.aw firm. L.L.P. 100 N. Main, Paris, TX 754604222 -3- 1 . ~ ~ ~ . , . Bk Vol PEI L-1 i70S00ID 1 OR 191]4 110 TIipGT ONE: S;tusted ebout 4 milu Narth 53 Dcg. East af Ne Gry nfPsris, County oCLamer, and . State of'itcas, a pan of thc Wdty Askins Survcy Yl, and bcing a peut vCa 7,6 mc tnU of ynd mavcycd Gkm WaISOn by drtd rxuaied in VcL 701, Pogc 271, oClhe Dced Records o!'said Cou~ty ud Sutc, and bang a 0.470 acre Uact of Iw¢I convryed Kawth W. HaIcomb by deed raardcd irt Vol. 705, Pagc 8 14, oCsaid Dccd Rccords. Dcginning xt an iron pin (Q for coma at Ihe ptcw+2 Southwrst wmc ri Ihe prnrnt gouthw•nt comer of said 7.6 sne Inet, :aid point bang the Southwat comu of:aid 0.470 aae pact. , Thtnee Norih t Dcg I 1 Min. W rst elong lhe West Boundary line oCsaiJ 7.6 aas trnu a distanee o( lBB.6 ft. to an iron pin (o fat eorner at the Northwrst wmer of saiJ 0.470 ottc Iract; ThcnuNath 54 Dcg. 32 Min. East n distanu o(10011 to an iron pin (0 far coma et tbcNoRheas[ comcofsaid O.470 acro tncq 7hnr.c South~g.7.LMn..L•u4zdiranu: 0(150 It. to m'von p~Ti (~'lar ioincr . et ihi So-taeau iomer olsaid 0,470 aae trur, 'f)xace uownd a wrve to Lhe right([t-7579.4373) along the North Dound.iry Line of Farm Rond 175 2'dstance oC17S fl. io Ihe ploce ofbaginning arsl cpntyning 0470 al;Mof lend. TItAGT TWO: Suuaied about 4 nulc Nonk 57 Deg. Enst o(the Cty oCPtris, Caunuy oCl.imzr, and Shie oJ'Tacts, e put ofthe Weslry Askim Survey 117, and bdng a pan oCa 7.6 aae trau of ►and conveycd Glrnn Wapon by deui reeorded in Vol. 701, Pagc 271, of Ibe Dced ttccord: oCsaid County and Slntc. Srginnms u in iron p'w (I) Cor mrna in the Wcs Dcurdnry Line oCsaid 7.6 ocrc trsct az the Nonhwcst comcr nfa 0.410 aae usct oflnnd conveyed Kcmdh W. Hakomb by decd rewrded in VoL 705, Page 919, oCsaid ]iceords. 7fumae dons a knce stong ihe Wrst IIwniary LiM of said 7.6 acre tnn u Collows: ' Nonh 1 Dcg. 13 Miit 41 Sec, Wai a Jistancc of 110.85 D. to ia uon pin (Q aI Ihe Nonhast cmncofa 4;62 sue vsct oCland wnveycd Marshal) "frndl by decJ recotded in Vol. 551, Psge d, oCvid RcwrA; Nortb 0 Deg. 09 Mn 16 See Eut a dstance of 140.96 fL to an iron ~ pin (s) for mmar; - T7K= Swih 27 Dcg. 18 bfin 91 Sec. Gast a d'ulancc of? 1093 Il.to an iron pin (Q for comcr at the Tlonhuu cornu o(saiJ 0.470 sue «act; • Thtncc South 54 Deg. 29 1-fin. 57 Sec. Wut e Jislarce o(100 Il. io the place ot 6egimvng and containing 0241 aun of land . EXHIBIT "A" _A 1 ' GOUsN CLEH S DOCU dEM PopRErNDT fi[PRCOUCIBLE WHEN REGOROED I'l COMMUNITY DEVELOPMENT DEPARTMENT P. O. Box 9037 e Paris, Texas 75461 a 903-784-9234 APPLICATION FOR ZONING CHANGE TYPE OF ACTION REQUESTED: PROPERTYI Address DI N: ~ Name of Business or Building (if applicable): For OKice Use Only Request Number: Date Rcvd: Mtg Date: ~ ~ V/Zoning Change ❑ Specific Use Permit f D Planned Development ~ ~ ' Lot Block Subdivision e 1 Current Zoning: _4 k Proposed Zoning: What is the proposed use of the property? ~wkvL/ Describe the character and/or nature of uses of surrounding property. Wili the re-zoned designation be compatible with the classification and use of adjoining lands? Ye / No If No, how do you propose to reduce any adverse impact? k Is the tract unsuitable for uses permitted under the present zoning classification? (9 / Ncr If No, why are you requesting a change in the permitting uses? OWNER/APPLICANT INFORMATION: (iI you ere nof the owner, a permisslon laffar fiom the owner Is requlred. 1/ you ara purchasing the pioperfy, a copy o/ the contracf mayba used In !/eu o/a permisslon IetferONLY IF the contract providas Ihet the purchase Is confingenf upon the appllcanf success/ulfy obfalning a toning chenge.) Applicanfs Name: ApplicanYs Addres; Property Owner's Name: PropertyOwner's Address: Ap MQ~~~ ~~~j ~ D phone: ~o,/~ ~~~i~oer~~~o~os~e~a■ ~s~~ec~■ ■e~r~eeee*i■ses~~~ceEo. RFQUIRED SUBMITTALS (check those items which are included): 4~.Completed application signed by the ownerlapplicant If Planned Development requested, include also: Q1 Copy of a deed with metes and bounds ❑ Four (4) copies of a preliminary site plan -9+Permission letter from owner -.G►.Copy of contract to purchase the property I have carefully read the complete application and know the same is true and correct. I hereby agree to comply wifh all provisions of local, State, and Federal Laws will be compiied with, whether herein specified or not. I certify that I am the owner of the above property or his duly authorized agent. Signed: Address: Print Name: < , Phone Number: Date: Fax Number: SWORN TO AND SUBSCRIBED BEFORE ME this ~day of 20~ ~ ~ ~ EFIV EE Notary Public, State of Texas FILED: .r ' V v ~ 21,• >oorrsacteaos~cwratr+s++~ ~Rc 4oa¢~j~.E~i ~ 12/06 ~ • ~N~ :~~pa'; ~y o _ Koo Ery Public s ~ STiATE OF 7EXRS ~ "n Wy Commo Exp. 04122/2010 ' ppPOR+iiYON6+4Ri94Nb4M<`D~Y43ffFPOFK•9FPY~ 1M ~ ~ ' e y 4.f l/ a ~t r t,* Ln n. ~ s . o _ . }x . k ~ ~ "r;d MBi~b . M cm h k (r O r • ~R yy'~{{' ~ 4~ . i~4 hl/ ~p`~ # bk -~t ~ i. ~ ff V2 k:~, a ~ IT, ~ . w ..1 2i Ln 0) V04 ~ Q O ~ I ~ ~ ~ M ~ ~ - v--128