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04&05 Gates Zoning RequestDRAFT F:ALICE\ORDWORK\CURRENTk2-5--04 Zoning Ords February 12, 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 April 1, 2004. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the 4th day of March, 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 OFLAMAR § BEFORE ME, the undersigned authority, on this day personally appeared Cindy Gates , who upon oath deposes and says: "1 ~m Cindy Gatg~ ~d my Mdre~ is 0ounly Road §~8~ §ou{h H 30, Sumner, Texas 75486 and my phone number is 903-784-2094 and I have a proprietary interest in properly located within the corporate limits of the City of Pads being described as follows: Lot 3, City Block 328 Being th~380~ Block SW Loop 286 'My interest in the above described properly is CONTRACT TO BUY and I do request a change in zoning from an Aqricultural (A) District to Commercial [C) District With Seeciflc Use Permit (491 Auto Fuel Sales "in support of said request I make the following answers to questions 1-4: 1. Will the re-zoning be in accordance with the original comprehensive zoning scheme, as represented by the pre-established zoning ordinance and the long range master plan and map that YES 2. Will the re-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 places and areas or meet a substantial public need? YES 5. HAS A COPY OF THE LAND DEED BEEN SUBMITTED? YES Signature o f(~p~l~cant SWORN TO AND SUBSCRIBED BEFORE ME, by the said this 8'a day of January ,2004. Ma'ttie Cunningham, City Clerk \ Cindy Gales DATE: TO: FROM: RE: LETTER OF AUTHORIZATION JANUARY 6, 2004 CITY OF PARIS MARIETA B. OGLESBY 5313 SMITHFIELD COURT SACHSE, TEXAS 75048 HOME PHONE/FAX - 972/496-0547 OFFICE PHONE - 972/241-3545 OFFICE FAX - 972/241-0432 MOBILE PHONE/PAGER- 214~212-9404 PROPOSED ZONING CHANGE CONTRACT BY AND BETWEEN MARl'ETA B, OGLESBY (FORMERLY MARIETA OGLESBY SHORT), SELLER~ AND CINDY GATES, PURCHASER DATED: JANUARY 6, 2004 APPROXYblATELY 37 ACRES, LOOP 286, LAMAR COUNTY, P.M~IS, TEXAS AS OWNER OF THE ABOVE-MENTIONED PROPERTY, I AUTHORIZE CINDY GATES TO REQUEST THE ZONING THAT BEST SUITS HER PROPOSED PROJECT. THIS ZON]hNG REQUEST WOULD BE FOR THE ABOVE-MENTIONED? CONTRACT ONLY A~ND WOULD BECOME EFFECTIVE ONLY.IF THE ABOVE-MENTIONED CONTRACT CLOSES AND TRANSFERS TITLE TO CINDY GATES. THANK YOU! ~ ]~tARIETA B. OGLESBY F~X~R~ MARIETA OGLESBY SHORT TOTAL P.01 5384 ~, J ..~, ~ ~ow ~L ~g~ ~v ~Z~s: ~T ~ ~ T. BO~, imention of~nv~i~ the prop~ heei~er de~d~ whatso~er m favor of ~tor, ~ve presents do GI~, O~T as follows, to-wit: $ITUATI~O IN LAMAR COUNTY, TEXAS, A PART OF THE ISAAC CRUISE SURVEY, AND BEING FULLY DESCRIBED ON E:z.mrr A ATTACHED HERETO. TO HAVE AND TO HOLD the above described Protna~y, together with all and singular the rights, and appul~enances thereto in anywise belonging to the Property, subjec~ to the prOvisions stated above, to Grantee, G-ra~tee's h~firs, executors, administrators, suc. c~.-~sors and/or forever; and Gr'ant6r ~does hereby bind Grantor, Graator'a h6ra, ex¢cutor~, administrators, successors and/or assigns to wARRANT AND FOREVER DEFEND all and singular the said Property unto the said Grantee, Grantee's heirs, executors, administrators, successor~ and/or assigns, against every person whomsoever claiming or to claim the same or any part thereof. EX~CUTIrX) this 9th day of SEPTEMBER, 1996. F~. T. BOVLr. Grantee's (After Recording Return To:) Marltta Oglesby $815 Suff alk Lane Piano, Texas 75023 635W 93 sTATE OF TEXAS § COUNTY OF LAMAR § g. T. BOYLE, JR "' ' ' NOTAtKY PUBLIC, ST~T,F. ~F TEXAS Notary's Printed Name 5384 ~rao~ being · pa,~ ef ~ ~zao~ Aem~ribe~ In a ~e~ ef ~e~z~ BEOIN~I~ a~ an I.P. set far a owner; .ai~ pmXn~ being ~e S/% omrn~ efa el,8 aorem ~aot Acmo~ibeA %n abmve mentioned ~ed; alee being a pmin~ in · he ~em~e~Xine mf ~e eld Parim-~ ~ighway, alee beizg a paint paint being In ~he E/H/O/W/L of New 8tare Highway Lm~ No.~86~ TBENCE 8 0 Dog,eom 41' ~ a ~mtance ef 64.7 feet tea concrete marker far a corner; THENCE Wink alia E/H/O/W/L of 8~ate Highway Leap wink a ~rve tm the teft,hav~ a delta angle of &Se49m , a Aietance of 1~.7 feet to a o/~orete marker fe~ a corner[ far a ~rnezi. T~M~ 8 lS ~greee O1 Minutee K, a 4let~oe ef f~r a ~rne~ ea~d paint being In the centerline ef el~ T~E~OE ~ 77 Degreee ~aat w~th ~alA een~e~ltne ef Old ef 10~1.5 feet te t~ pl~z e~ ~eginning, oental~ng ~7.0 acree ef lana,~ere er Exhibi! A 6351 95 Ul/Ub/ZO~4 21: b/ 97£2852377 NARTETA O. SHORT PAGE 21 3a~-0~-04 0S:0ZP Nathan 8~]] Realto~ 90~ 784 3705 ~..L D NOTEc ~ ~ of ~ ~ ~Ue S~E~. A~ ~o. l~, ~ bc~ ~ ~f · ~d ]%0 ~e ~ ofl~ Couv~ ~ E. T. B~, Yr. ~o ~em Oe~ ~ S~m~ 9. 19$A, ~eco~ ~ VoL ~5, Peg~ ~ of~ ~ Pr~ ~c~ of ~ncc N 8~53'45" E, ~ ~ ~o~ ~ ~e of ~ ~d 37.50 a~ ~cz of I~ mod ~c South ~c~ ~d m ~ c~[li~e of OLd ~am c~r ~f a ~k~ ~of-way ~ COnVertO i~ ~e subjcc~ ~o ~y ~ ~ ~e~ ~lt ~ Of ~ I~ not of rcco~ ~ ~c L~d ~cor~ Df 2 ~ ~Y ~ONES, ~G~S'~ PxOF~SION~ ~D ~YO~ 13332, ~A~ OF ~, EXH 8tT A HARIETA O. SHORT Jan-06-04 O5:0~P Nathan Bell · .. tjlJj :'. .~:~ ,. / jan-06-04 04:59P Nathan Bi)l Realtors PAGE 22 Commer~ml Co~trac~ - Unmq~o~ed Property Concem~g ~ SW L00_P ~ _ --