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