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03&04 Gates Zoning ChangeDRAFT F:ALICE\ORDWORK\CURRENTk2-5--04 Zoning Ords January 30, 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) WITH SPECIFIC USE PERMIT (49) AUTO FUEL SALES ON LOT 3, CITY BLOCK 328, ON PROPERTY CONTRACTED TO CINDY GATES, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS AN AGRICULTURAL DISTRICT (A); DESIGNATING THE BOUNDARIES OF THE COMMERCIAL DISTRICT (C) WITH SPECIFIC USE PERMIT (49) AUTO FUEL SALES 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 COMMERCIAL DISTRICT (C) WITH SPECIFIC USE PERMIT (49) AUTO FUEL SALES be, and the same is hereby, established on LOT 3, CITY BLOCK 328, on property contracted by C1NDY GATES, so as to include in such COMMERCIAL DISTRICT (C) WITH SPECIFIC USE PERMIT (49) AUTO FUEL SALES the hereinafter described property, which was formerly and is presently designated as an AGRICULTURAL DISTRICT (A), and that the boundaries of said COMMERCIAL DISTRICT (C) WITH SPECIFIC USE PERMIT (49) AUTO FUEL SALES 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 Isaac Cruise Head Right Survey, Abstract No. 162, being Lot 3, City Block 328; also being a part of a tract described in a deed of record in Volume 310, Page 558 of the Lamar County Deed Records; also being the same property described in gift deed from E. T. Boyle, Jr. to Marieta Oglesby, recorded in Volume 635, Page 93 of the Real Property Records of said county and state; and being more particularly described as follows: BEGINNING at an iron pin set for corner, said point being the southeast corner of an 81.6 acre tract described in the above-mentioned deed; also being a point in the centerline of the old Paris-Bonham Highway, also being a point in the East Boundary Line of the Isaac Cruise H.R. Survey; THENCE North with said East Boundary Line a distance of 1148 feet to a 6"x8" post for corner; THENCE West a distance of 1357 feet to an 8" post for corner, said point being in the East Right-of-Way Line of State Highway Loop No. 286; THENCE South 0 Deg. 41 Min East a distance of 64.7 feet to a concrete marker for corner; THENCE with said East Right-of-Way Line of State Highway Loop 286 with a curve to the left, having a delta angle of 43o49', a distance of 1222.7 feet to a concrete marker for corner; THENCE South 65 Deg. 08 Min. East, a distance of 150.8 feet to a concrete marker for corner; THENCE South 13 Deg. 01 Min. East, a distance of 50 feet to an iron pin set for corner, said point being in the centerline of old Paris-Bonham Road; THENCE North 77 Deg. East with said centerline of Old Highway a distance of 1031.5 feet to the place of beginning, containing 37.0 acres of land, more or less, and being located in the 3800 block of Loop 286 S.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 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 March 1, 2004. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the 5th day of February, 2004. ATTEST: Curtis Fendley, Mayor Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney ZONING CHANGE REqUeST ~ 3800 S.W. LOOP 286 FEBRUARY 2~ 2004 " 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 Cindy Gates , who upon oath deposes and says: "1 am Cindy Gates and my address is County Road 33500 South H 30. Sumner, Texas 75486 and my phone number is 903-784-2094 and I have a proprietary interest in property located within the corporate limits of the City of Pads bein9 described as follows: Lot 3, City Block 328 Being thr>380~ Block SW Loop 286 "My interest in the above descri'bed properly is CONTRACT TO BUY and I do request a change in zoning from an AQricultural fA) Distdct to Commercial lC) District With Seecific Use Permit (49) Auto Fuel Sales "In support of said request I make the following answers to questions 1.-4: 1. Will 1'8-~8~J1~¢ b~ with rioinal comprehenslve zon',ng 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 rs-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 place~ and area~ or meet a substantial public need? YES 5. HAS A COPY OF THE LAND DEED BEEN SUBMITTED? YES SWORN TO AND SUBSCRIBED BEFORE ME, by the said Cindy Gates this 8~ (lay of January ,2004. Ma'ttie Cunningha~n, City Clerk DATE: TO: FROM: RE: LETTER OF AUTHORIZATION JANUARY 6, 2004 CITY OF PARIS MARIETA B. OGLESBY 5313 SMITHFIEI.D COURT SACHSE, TEXAS 75048 HOME PHONF./FAX- 972/49&?C~'7 OFFICE PHONE - 972/241-3545 OFFICE FAX - 972/241-0432 MOBILE PHONE/PAGER- 214f212-9404 PROPOSED ZONING CHANGE CONTRACT BY AND BETWEEN MARTETA B. OGLESBY (FORMERLY MARIETA OGLESBY SHORT), SELLER, AND CINDY GATES, PURCHASER DATED: JANUARY 6, 2004 APPROXIMATELY 37 ACRES, LOOP 286, LAMAR COUNTY, PARIS, TEXAS AS OWNER OF THE ABOVE-blENTIONED PROPERTY, I AUTHORIZE CINDY GATES TO REQUEST THE ZONING THAT BEST SUITS HER PROPOSED PROJECT. THIS ZONING REQUEST WOULD BE FOR THE ABOVE~MENTIONEDr CONTRACT ONLY AND WOULD BECOME EFFECTIVE ONLY.IF THE ABOVE-MENTIONED CONTRACT CLOSES AND TRANSFERS TITLE TO CINDY GATES. TIIANK YOU~ b,L~RIETA B. OGLESBY F(~I~MER~' MARIETA OGLESBY SHORT TOTP~- P.O! ... -- 53514 GIFT DEgD ~ ~OW ALL MZN aY ~E..~S. CO~ OF LA~ ~T L ~ T. BO~, ~, a sin~e man (h~ei~er rde~ to as '~tor"), ~h ~11 imcntion of ~n~i~ the prop~ whatao~er ~ favor of ~tor, ~v¢ G~, G~ED, ~d CO~, ~ by t~ presents do GI~, O~T ~ ~ to ~ "~t~", the r~ pro~ si~at~ ~ ~ar Count, Te~ d~d~ as follows, to-wit: SITUATED IN LAMAR COUNTY, TEXAS, A PART OF Tile ISAAC CRUISE SURVEY~ AHD BEING FULLY DESCRIBED ON E~nmrf A ATFACtL~D IIERETO. TO HAVE AND TO HOLD the above described Property, together with all and singular thc rights- and appurtenance$ thereto in anywise belonging to the Property, subject to the provisions stated above, to Grantee, Grantee's heirs, executors, administrators, successors and/or assigns forever; and ~r'antcir iloes hereby bind Grantor, Grantor's hc4rs, executors, administrators, successors and/or assigns to WARRA~ AND FOIl.EVER DE}"~II3 all and sin~al~ Property unto the said Porantee, 0rantee~s he~i'i, salt0ri, rlli strat0l't, IL!DSelIOD assigns, against every person whomsoever ehfimillg or to claim the ~llc or an), pm'l th~e0f, EX~iCUI'I~ this 9th day of SEPTEMBER, 1996. , Grantee's Addrezs: (After Recoeding l~emrn To:) Made~a Oglesby $815 Suffolk Lose Piano, Texas 75023 6.351 93 ;TATE OF TEXAS § COUNTY OF LAMAR § acknowledged befg~ m~ ontNs the ,9,the day of S~pt, ember, 1996, by This insu~lrnent was (~ / -~ £. T. BOYLE, gR. NOTARY BH' .T£ ¢  Notary's Printed Name g~eld flet~s ·g s .~,Ar~e! eg ~?,0 moxes ag Xan~mo~e or lele~ ei~mte~ in trao~ being a pa-t efa tract described la a ~ed ef aesir& In Vel. 310,page efa 81,6 aor~e~raot leeo~ibe/ in above mentioned ~odl alee being a point the oenterline ef ~he ll~ Par~l-~ Highway; aloe being a point ~n the E/B/L X·rth with ·aid E/B/L a distance ·f 1148' to a 8'x8' Peet far · West · aisC·nee ·f ~57 feet to an 8" Pest for a csrner~ e 0 Degree· 41~ E- a di·tancO ef 64.7 feet tea concrete marker for a cornerl TR£NC~ lltk maid K/~/O/R/L of ~ate ~lgheay Lelp wttk a ~rve ~o tkm teft,~aving a delta angle ef ~e49! , & aletmnce ef 1323,7 feet te · concrete marker for & csrner~ T~I~Og · 65 Degrees 08' g. a diet&hoe ef 1~0.8 feet te & oonorete Mkr. ~mr & oernerj, T~g~E ~ 13 Degrees O1 Minutes [, a ~lstanoe ef 50 feet ts ~ ~.~. met for a ~rner; laid point being In the oenterline of old Pardi-Bedim ~ea~l TNEg~E N 77 Degrees East witk eaiA oenterline eg OIi Wl~wa~ a die,anal a~ 10~1.~ fes~ ~e the'~la0s ef b~gtnnlng,oen~aining aT,O a~res e~ lanl,aere er Exhibit A 01/06/2094 21:57 9722852377 MARIETA O. SHORT ~n~_ ~a~-06-04 0S:0lP Nath&~ Be]] RQa~tOPs 903 7~4 3705 FL~].D HOT~S 3 ?.$0 Acres ~cc S 7~14'06" ~. wi~ ~ so~ be~ l~ a~e s~ 3~.~0 xc~ ~;t d~ a ~s~e of ~026,32 ~C m ~c · N ~'4~'23- ~, con~na~ ~ ~C si~d ~st z/i~-af-wty ~2 a ~1~ ~ 63.61 feet ~e t~ po~t of ~. c~ 3?.~0 ~es of~ ~ ~ ~c: o~ ~e ~ for ~; of u~es ~d ~ ~- ~ ~ ~y ;ONE~, ~z$'~ ?~OF~ION~ ~ ~YO~ ;3332, ~A~ O~ ~. EXH}B{T A Jan-06-04 05:01P Nathan Cell HARIETA O. SHORT Nathan PAGE 22 Po20 Commmr~gl Contact - Unim~'oved Pr~3~erby Concarning ~.~{3 $w LOOP