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
,
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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
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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
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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:
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