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03-A&B Zoning Change Lot 13-F City Blk 324 DRAFT F:ALICE\ORDWORK\CURRENT\3-12-07 Zoning Ords March 5, 2007 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 ONE-FAMILY DWELLING DISTRICT NO.3 (SF-3) WITH SPECIFIC USE PERMIT (39) MOBILE HOME ON LOT 13-F, CITY BLOCK 324 (10.01 ACRES), REQUESTED BY SHIRLEY POSEY, WITH CONTRACT TO BUY, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS AN AGRICULTURAL DISTRICT (A); DESIGNATING THE BOUNDARIES OF THE ONE-FAMILY DWELLING DISTRICT NO.3 (SF -3) WITH SPECIFIC USE PERMIT (39) MOBILE HOME 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. r' .. 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 ONE-F AMIL Y DWELLING DISTRICT NO.3 (SF-3) WITH SPECIFIC USE PERMIT (39) MOBILE HOME be, and the same is hereby, established on LOT 13-F, CITY BLOCK 324 (10.01 ACRES), REQUESTED BY SHIRLEY POSEY, WITH CONTRACT TO BUY, so as to include in such ONE-FAMILY DWELLING DISTRICT NO. 3 (SF-3) WITH SPECIFIC USE PERMIT (39) MOBILE HOME the hereinafter described property, which was formerly and is presently designated as an AGRICULTURAL DISTRICT (A), and that the boundaries of said ONE-FAMIL Y DWELLING DISTRICT NO. 3 (SF-3) WITH SPECIFIC USE PERMIT (39) MOBILE HOME 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 Lot 13-F, City Block 324 located at 3100 Old Tigertown Road. 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, 2007. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the 12th day of March, 2007. Richard Manning, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: w. Kent McIlyar, City Attorney r - - CITY OF PAR'S COMMUNITY DEVELOPMENT DEPARTMENT P. O. Box 9037. Paris, Texas 75461 .903-784-9234 APPLICATION FOR ZONING CHANGE - For Offlce Use Only Request Number: 1oo~-W J Date Rcvd: / k 10 ~ Mtg Date: TYPE OF ACTION REQUESTED: o Zoning Change rE' Specific Use Permit o Planned Development PROPERTY INFORMATION: 3 tf l'h Illd 01 et1tJwn !2rJ !1af/SJ . Tit. Address: Name of Business or Building (if applicable): ('jht 0 rfJQn'.!!> Proposed Zoning:~ t.5 i cl. e...cd--'uJ ,(~;:;}!:,:'! I.Soe4hl- USl:-LL ' 'D (!"t:Y!'U:f o~'Mo~,I-e..-I'OY What is the proposed use of the property? Fa... wu \~ '" p S ,~.I' Jf\ C ) e...., ;J.. {")(-~,'~';;, "1;\:.,'1. I "} I ~ yi Describe the character and/or nature of uses of surrounding property. --R e Sid... e..,-ct uj n \ ,.::,\', I ',! I. Lot 13 ~ F- Block 3J.-t? Subdivision Current Zoning: A-q n'GI' ,/tL/re.J If No, how do you propose to reduce any adverse impact? Will the re-zoned designation be compatible with the classification and use of adjoining lands? ~ / No Is the tract unsuitable for uses permitted under the present zoning classification? y~ / No If No, why are you requesting a change in the permitting uses? OWNER/APPLICANT INFORMA nON: (If you are not the owner, a permission letter from the owner is required. If you are purchasing the properly, a copy of the contract may be used in lieu of a permission letter ONL Y IF the contract provides that the purchase is contingent upon the applicant successfully obtaining a zoning change.) Applicant's Name: S ~ i ( l WI Po 5, 'tJ 1 Applicant's Address: 51'+ (..R 3Sl1lo-() A-f-+-\uu. ~ \ T~ _ Phone: q 03 73;;L.1.) $I Jq Property Owner's Name: )0 h () A-, u J () WLa.C k "- Property Owner's Address: 15 1.l.\- W 1< Q.. U .\- Mr. f) \>0. ( i ~ Phone: ~ 0 3 7 8 y.. :J.. ~io 7 ..................................................................................................... REQUIRED SUBMITTALS (check those items which are included): o Completed application signed by the owner/applicant o Copy of a deed with metes and bounds o Permission letter from owner o 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 with all provisions of local, State, and Federal Laws will be complied with, whether herein specified or not. I certify that' am the owner of the above property or his duly authorized agent. S;gned sJ · h Q.; l PQQ.L\ Add",," '1 N C. e. ?~ 'i t. 0 IJrtfu.rD? 1y 7,>N PrintNa~.I' ~ Posf-_ Phone Number: q O,__.~ ,.J.. y'R Iq Date: I, "I- Q.;Z' _ Fax Number: Keceived ' , ' SWORN TO AND SUBSCRIBED BEFORE ME this q-rh day of ,20&. If Planned Development requested, include also: o Four (4) copies of a preliminary site plan FILED: JAN 0 9 2007 CitY. of Paris CIty Clerk JANICE WORTHAM NOTARY PUBLIC STATE OF TEXAS 1 ?IOR r-.'... \l:.;H(',j r. -t ,_ .,..,. "' "'vi 'iI~ -.. --~ ""'T - ~r 1IiIir-'-''''''"", __-.."...-.. _ .~ _ t ~ ...., ~;...,;,~. ~'U 1100 O' HW LOop '" cP '" <8",,,, ""'" . FIr", CI> No. <8"110'_000' A ~~ """;:~,~~~_'" ~~ l; l;! :: -' . l' \9 ~':' 'J \ )/ ........s;;.. "<$1'- "-?s .. 4.-. !y )'s', ~., :t: ~ . GIf 1"1. q17t J;.~ \i 0 '?() 0'1 "of S'/'.o::- 6'06' '-<,8:>, . Iy j I J ~ I 3 ~ , I 1J) 1350 . 175 0 350 7po , "'[(l:):o.~eT'lllh-...<1. I~ ",>oO"707rr---l., L-:--IllU!iE:~_ -~~~ --- ... fence ,"... 3.50' u~. ... uilUty pole - II, dL Nelson SurveYing Company 92D N. MaBi st ParhJ; Texas 7.54$0 SC3-~ fu.:.9:'Aj--~n;l9 E'1Mt ;m.~rrw..t.Ctn JM ~), ~ Pro<~ LAlle! ~~ 0( T"xu, ~ - ---. Th.. .w......)' 11 >nIy ""~ }f It ~. ", ~ ~.b.r. oN! .oat. ....y "j,an,... ""'.. ril ...Id lJ\Jo """'"" &.,{co c:ny """"""joOii(l1. ~ "'~'Y """/.<nl.wr .o~4 II ~C::(0tt.0d (<X" ""-ti<<J 01 \h.,.r- {"""'"!hot utilt,!l>'q 1'>.. I '~'_ lOQ :-0' ....... ""'- "'" """"... "".......,.,; >=>,1lP.l.l '" nl\ll "''- ~t'\""'"''' "~l... ~"~ro'J~.-+- 0'-"0- r ._...!( ----.,___ ~~ _~ ~--;--, / / P ,J ~ ,/V/l__. ~1J..{. Nalson. RPLS :;r Tex,;;- #4025 _._~"'lI """"'-~ Ul CI J-:", '/.,":'1 d ;;V- -:- cip '" 1/2 ClJpp~d 1/"1., pil' @~ EXHIBIT A r .!i:r PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) 02-13-06 EQUAl HOUDlO ~ AMENDMENT TO CONTRACT CONCERNING THE PROPERTY AT ,-?40tJ fJ/q:1 ?;~/~~.t '~-/';-J /" (Street Address and City) Seller and Buyer amend the contract as follows: (check each applicable box) o (1) The Sales Price in Paragraph 3 of the contract is: A. Cash portion of Sales Price payable by Buyer at closing ............ $ B. Sum of financing described in the contract ....................... $ C. Sales Price (Sum of A and B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ o (2) In addition to any repairs and treatments otherwise required by the contract, Seller, at Seller's expense, shall complete the following repairs and treatments: ~e date in Paragraph 9 of the contract is changed to L, ~ I / ~ &:>-:9 7 0(4) The amount in Paragraph 12A(1)(b) of the contract is changed to $ D (5) The cost of lender required repairs and treatment, as itemized as follows: $ by Seller; $ o (6) Buyer has paid Seller an additional Option Fee of $ unrestricted right to terminate the contract on or before This additional Option Fee 0 will 0 will not be credited to the Sales Price. D (7) Buyer waives the unrestricted right to terminate the contract for which the Option Fee was paid. o (8) The date for Buyer to give written notice to Seller that Buyer cannot obtain Financing Approval as set forth in the Third Party Financing Condition Addendum is changed to , IB1'9l Other Modifications: (Insert only factual statements and business Jetails i'lpplicable to this sale.) -r"", 1- N-Z.'~/7 ';'" ,-f-_, /1 ;,- ",-~I'~-yL1'" h ~2? Lr- ~.t ~ ~ p. ~.-L'~ ...~ ~,;4-4 ~<:=-/;~ ~/~~ r-~ L:A1-- ff'4-1.~~. On the attached list, will be paid by Buyer. for an extension of the EXECUTED the day qf DATE OF FINAL ACCEPTANCE.) , ,_ I) r SYtu~~~~ Buyer J 6 . (BROKER: FILL IN THE iC.. Seller Buyer Seller This fonn has been approved by the Texas Real Estate Commission for use with similarly approvtld or promulgated contract fonns. Such approval relates to this fonn only. TREC fonns are intended for use only by trained real estate licensees. No representation is made as to the legal validity or adequacy of any provision in any specific transactions. It is not intended for complex transactions. Texas Real Estate Commission, P.O. Box 12188, Austin, TX 78711-2188, 1-800-250-8732 or (512) 459- 6544 (htlp://www.trec.state.tx.us)TRECNo.39-6.This fonn replaces TREC No. 39.5. (TAR-1903) 2-13-06 CENTURY 21 EXECUTIVE REALTY 4600.LAMAR A VENUE, PARIS TX 75460-5020 Phone: 903-785-6427 Fax: Century 21 Executive Realty Produced with ZipForm'" by RE FormsNet, llC 18025 Fifteen Mile Road, Clinton Township, Michigan 48035 WWW.Zlol;.)rm.com Page 1 of 1 n.m r.' .. G) [DUAl HOIlS1IIC OPPa:~TUNITY PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) FARM AND ~NCH CONTRACT 02-13-06 1. PARTIES: John A Womack (Seller) agrees to sell and convey to Shirl.ev Posey (Buyer) and Buyer agrees to buy from Seller the Property described below. 2. PROPERTY: The land, improvements, accessories and crops are collectively referred to as the "Property". A. LAND: The land situated in the County of Lamar , Texas, described as follows: 10.0 ac. to be surveyed, part of 19.38 ac. city blk 324 lot 13-F or as described on attached exhibit, also known as 3400 Old Tigertown Rd. Paris. TX 75460 (address/zip code), together with all rights, privileges, and appurtenances pertaining thereto, including but not limited to: water rights, claims, permits, strips and gores, easements, and cooperative or association memberships. B. IMPROVEMENTS: (1) FARM and RANCH IMPROVEMENTS: The following permanently installed and built-in items, if any: windmills, tanks, barns, pens, fence,s, gates, sheds, outbuildings, and corrals. (2) RESIDENTIAL IMPROVEMENTS: The house, garage, and all other fixtures and improvements attached to the above-described real property, including without limitation, the following permanently installed and built-in items, if any: all equipment and appliances, valances, screens, shutters, awnings, wall-to-wall carpeting, mirrors, ceiling fans, attic fans, mail boxes, television antennas and satellite dish system and equipment, heating and air-conditioning units, security and fire detection equipment, wiring, plumbing and lighting fixtures, chandeliers, water softener system, kitchen equipment, garage door openers, cleaning equipment, shrubbery, landscaping, outdoor cooking equipment, and all other property owned by Seller and attached to the above described real property. C. ACCESSORIES: (1) FARM AND RANCH ACCESSOR!ES: The following described related accessories: (check boxes of conveyed accessories) 0 portable buildings 0 hunting blinds 0 game feeders 0 livestock feeders and troughs 0 irrigation equipment 0 fuel tanks 0 submersible pumps 0 pressure tanks 0 corrals 0 gates o chutes 0 other: (2) RESIDENTIAL ACCESSORIES: The following described related accessories, if any: window air conditioning units, stove, fireplace screens," curtains and rods, blinds, window shades, draperies and rods, controls for satellite dish system, controls for garage door openers, entry gate controls, door keys, mailbox keys, above ground pool, swimming pool equipment and maintenance accessories, and artificial fireplace logs, D, CROPS: Unless otherwise agreed in writing, Seller has the right to harvest all growing crops until delivery of possession of the Property. E. EXCLUSIONS: The following improvements, accessories, and crops will be retained by Seller and excluded: <i'f; ,:- F, RESERVATIONS: Seller reserves the following mineral, water, royalty, timber, or other interests: 3. SALES PRICE: A. Cash portion of Sales Price payable by Buyer at closing , , , . . . , , . , , . , . . , , , , . , , . ,. $ B, Sum of all financing described below (excluding any loan funding f '.' ) $ ee or mortgage Insurance premium ......,..."..,."..".,..,."..,.",..., C. Sales Price (Sum of A and B) ',..".,"',.,....,.,..",.,.,..,..".,....... $ 32 , 500. 00 D, The Sales Price gg will 0 will not be adjusted based on the survey required by Paragraph 6C. If the Sales Price is adjusted, the Sales Price will be calculated on the basis of $ 3,250 .UO per acre. If the Sales Price is adjusted by more than 10%, either pzrty may terminate this contract by providing written notice to the other party within 5 days after the terminating party receives the survey. If neither party terminates this contract or if the variance is 10% or less, the adjustment will be made to the amount in 0 3A 0 3B Qg proportionately to 3A and 3 Initialed for identification by Buyer (TAR-1701) 2-13-06 Cenlury 21 4600 Lamar Avenue, Paris TX 75462 Mike E Russell 5,000.00 27,500.00 and Seller Prnnlll"'of'lu,"'" '7i....C....._Tl.t 1.... nr- r____o.., ,....... _____ __0 Phone: 903-785-6427 Fax: TREC NO. 25-5 Page 1 of 9 Wnn;Q,.1r In Pru;:", r- -.