05-B Zoning Change 308 Church St.
DRAFT
ORDINANCE NO.
F:ALICE\ORDWORK\CURRENT\11_12-07 Zoning Ords
November 7, 2007
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 REZONE A
PART OF LOT 5, CITY BLOCK 181, CITY OF PARIS, LAMAR COUNTY,
TEXAS, FROM A MUL TIPLE-F AMIL Y DWELLING DISTRICT NO.1 (MF-
I) TO A MULTIPLE-FAMILY DWELLING DISTRICT NO. 1 (MF-1) WITH
A SPECIFIC USE PERMIT (5) CEMETERY OR MAUSOLEUM 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 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, 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 PART
OF LOT 5, CITY BLOCK 181, City of Paris, Lamar County, Texas, from MULTIPLE-FAMILY
DWELLING DISTRICT NO.1 (MF-l) to MUL TlPLE-F AMIL Y DWELLING DISTRICT NO.1
(MF-l) WITH A SPECIFIC USE PERMIT (5) CEMETERY OR MAUSOLEUM, said property
being more particularly described as follows:
SITVA TED within the corporate limits of the City of Paris, County of Lamar,
and State of Texas, being a part of the Larkin Rattan Survey, being a part of Lot 5,
City Block 181, on the East side of South Church Street and being the same land
conveyed to the Central Presbyterian Church of Paris, Texas, in three deeds, dated
July 5, 1916, one from Morris Fleming and wife of record in deed book 157, page
210, one from A. G. Hubbard of record in book 157, page 211, and one from Sayers
Boyd of record in deed book 160, page 108, Lamar County Deed Records, and more
particularly described in metes and bounds in Exhibit A attached hereto and made a
part hereof, being numbered 309 Church Street.
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 City 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 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 8. That this ordinance shall become effective immediately upon its passage.
PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on
this the 12th day of November, 2007.
Jesse James Freelen, Mayor
ATTEST:
Janice Ellis, City Clerk
EXHIBIT" A"
SITUA TED in the County of Lamar, State of Texas, within the
corporate limits ofthe City of Paris, a part ofthe Larkin Rattan Survey, being
a part of Lot 5, City Block 181, located at 309 Church Street, and being a part
of a tract of land conveyed from Sayers Boyd, recorded in Book 160, Page
108, Lamar County Deed Records, and being more particularly described as
follows:
BEGINNING at a point in the East Boundary Line of South Church
Street, the Southwest comer of said tract of land;
THENCE North with the East Boundary Line of South Church Street,
a distance of 35 feet, a point;
THENCE East a distance of35 feet, a point;
THENCE South a distance of 35 feet, a point in the South Boundary
Line of said tract;
THENCE West, with the South Boundary Line of said tract of land a
distance of35 feet to the point of beginning and containing 1225 square feet,
approximately 0.028 acres of land, more or less.
MEMORANDUM
TO: Chairman and Members of the Planning and Zoning Commission
Honorable Mayor and Members of the City Council
FROM: Lisa A. Wright, Director of Community Development
SUBJECT: Zoning Change Requests
DATE: October 24,2007
The following zoning change request will be presented at the November 5,2007, meeting
of the Planning and Zoning Commission and the November 12,2007, meeting ofthe City Council
of the City of Paris for consideration:
1. Central Presbyterian Church is requesting that the property located on Lot 5, City Block 181,
being number 309 Church Street, be rezoned from a Multiple-Family Dwelling District No.
I (MF-I) to a Multiple-Family Dwelling District No. I (MF-I) with a Specific Use Permit
(5) Cemetery or Mausoleum. The Comprehensive Plan recommends that this property be
zoned for higher density residential uses; however, the current use of the property is a church,
which is permitted in any zoning classification.
The stated purpose of the zoning change is to allow the Church to place a columbarium in
the ash garden; however, the requested zoning change will affect the entire lot. If the
Commission supports the use of a portion of the Church property for the stated use but does
not wish to re-zone the entire lot as a cemetery, it may want to consider recommending a
zoning change only on that portion of the property on which the columbarium will be placed,
same being the ash garden.
cc: City Attorney's Office
CITY OF PARIS
COMMUNITY DEVELOPMENT DEPARTMENT
p, O. Box 9037. Paris, Texas 75461 .903-784-9234
APPLICATION FOR ZONING CHANGE
For Offlce Use Only Request Number aJ7-1 ~
Date Rcvd: \ C \ \'-e \ ()\ Mtg Date: \ \ ~ '5 l CJ\
TYPE OF ACTION REQUESTED:
o Zoning Change
Q"Specific Use Permit
o Planned Development
PROPERTY INFORMATION:
Address: ~oq c'huxeh J\-vee. t
Name of Business or Building (if applicable): ~"~J.1:tra.IY(e~bw-erfQ.(\ CJ'\1,lrc.n
Lot SS Block -11L Subdivision c"l'^j of Pa.n'~
Current Zoning: Proposed Zoning: ~~r:::i W}SUP (5) rprn.efa(~ orMau,SolfttfY
What is the proposed use of the property? rJ)/ u wtt:>ll rl'Unt
Describe the character and/or nature of uses of surrounding property. eM u rt1l~ +0 'l1v. 1...1 ) f: t \",) I H.1n-iva. I
JOMt 1:n ~ <)
Will the re-zoned designation be compatible with the classification and use of adjoining landS?@ No
If No. how do you pmpos~ to 'educe any adve<se ,~paC'? ~~~[l ~ ~w~ ~ W" ( be ~~ ~"i,/ Yl +kc.
ash ~orJe~ - 'SLJ ~tir"'~~ ()~ ~'r~ - '{' 3S I S
Is the tract unsuitable for uses permitted under the present zoning classification? @/ No
Se. pevmi l- -
If No, why are YOIJ requesting a change in the permitting uses?
OWNER/APPLICANT INFORMATION: (If you are not the owner, a permission letter from the owner is required. If you are purchasing the property, 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: (' p~tra...LP( e~b~ tev tan, r flU rc.h
Applicant's Address: 300 ~~h/,tYLVI St-Y-eQt Phone: Lqo~)1 ~L.}A~\
Property Owner's Name: ~me
Property Owner's Address: Sa me Phone: ~ a YV1(',
.....................................................................................................
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
If Planned Development requested, include also:
o Four (4) copies of a preliminary site plan
I have carefully read the complete application and know the same is true and correct. I hereby agree to comply with all provisions of loca/,
State, and Federal Laws will be complied with, whether herein specified or not. I certify that I am the owner of the above property or his
duly author~'zed a. , W
SIgn"", ~'l Add'es", 3t> 1
Print Name:P6IZ.f;. 'HE'~IJ.s"" Phone Number:
Date: I ~ .---..----L _ Fax Numb r:
SWORN TOftN'D'=~~~8if;@Ri~W;4hf~ay of
u "",~~~,: ~Q&" Kenna L. Pharr :
f !~~~. ~ Notary Public :
g ~*:J~~l:l.:ili STATE OF TEXAS :
f ~~t~,;" ~l My Commission :
: ..",'..9!....',," Expires 04/0712010 :
~""'--""'.'''yov.y.4J..q~O'''''GOOUA.n..rt....... _ _ _.. , ~
OCT 1 7 2007
FILED:
CitY. or P[iri~'
Cltv Clerk ~ 'lInG>
,I,
--_-:-_-======-~~ .-----
THE CONSIDERATION FOR OUR MAKIRG THIS ABSTRACT IS PAID AND ACCEPTED
WITH THE UNDERSTANDING AND AGREEMENT THAT IT CANNOT BE COPIED IN WHOLE
OR IN PART BY ANY PERSON FOR ANY PURPOSE.
SUPPLEMENTAL ABSTRACT
To our Numbers 8797, 8832, & 8833.
CAPTION.
This is an abstract of the fOllowing described land owned by
'~.._-.', . .'-"'-~-'~"""". .--..-.......-..,.-
CENTRAL PRESBYTERIAN CHURCH of Paris, Texa~:
>"'-"\.>..,..,~--.....,........,..,..., ~,=-e '~''''''''''''.-'C-
Situated in the County of Lamar, State of Texas,
within the corporate limits of the City of Paris, on
the East side of South Ohurch or 22nd St.,and being
the same land conveyed to .the Central Presbyterian
Church of Paris, Texas, 1n three deeds, dated July 5th
1916, one from Morris Fleming and wife, of record in
Deed Book 157, page 210, one from A. G. Hubbard, of
record in Deed Book 157, p~ge 211, and one from Sayers
Boyd of reoord in Deed Book 160, page 108, Lamar Co~
Reoords.
BEGINNING at a.stake in the E. B. line of South
Churohor 2gl'l(fSt'~~-"tlieN'; 'W.'corner of the lot con-
veyed by Fleming to said Churoh, which point is the
S. W. oorner of a lot owned by Mrs. Laura Rees; Thence
South with the E. B. line of said Street 55 feet to a
stake, the N. W. corner of the lot oonveyed by Hubbard
to said Churoh, continuing, South 55 feet to a stake,
the Nil W. oorner of the lot oonveyed by Boyd to' the
Churoh, oontinuing South 48-4/5 feet to the S. W. cor-
ner of said Boyd-Church lot, being in all South 158-4/5
feet; Thence East with the S. B. line of the lot,conveyed
by Boyd to said Church 216 feet to a stake in the W. B.
line of Jefferson or 23rd St.~ the S. E. corner of Baid
lot; Thence North with the W. B. line of Jefferson or 23rd
St. 158-4/5 feet to a stake, the N. E. corner of the lot
conveyed by Fleming to the Church; Thence West with its
N. :s. line 216 feet to the place of beginning.
Page ........ /.".......w..... '''...,.
to
Central Presbyterian Church of Paris, Tex.
Character of Instrument,
General Warranty Deed.
July 5th, 1916.
JUly 7th, 1916.
Deed Book 157, page 210.
Date,
Date of filing,
Recorded in
ACKNOWLEDGMENT
Regular for Morris Fleming and wife, Early Walton Fleming:
Taken by Willie Stone, Notary Public, t.amar Co., Texas, July 5, 1916.
CONSIDERATION.
#3020.00 to us in hand paid by Central Presbyterian Churoh
of paris, Texas, a OOrporation, the reoeipt of which is hereby acknow~
ledged,l:a. ve granted, sold, and conveyed, and by these pI'esents, grant
bargain, sell and con~ey untothe said Central Presbyterian Church
of Paris. Texas, and to its successors and assigns, etc..
($3.50 Internal Rev. Stamps attached and cancele~.)
DESCRIPTION.
Situated in the County of Lamar and State of Texas viz:
Within the Corporate limits of the City of Paris. Texas, on
~he Eas~ Side of South Church Street, in the Larkin Rattan Survey.
and being the Same lot deeded by H. D.--McDonald to W s. }!orrb
Fleming, January 13th, 1913, as shown in Deed Book 143, page 419,
Lamar County Reoords.
BEGINlUl.JG. at a stake in the E. B. linea! Church Street, the
S. W."oornarof a lcitowned-'by"Mrs. Laura Reese. Thence South with
the E. B. line of Church Street 55 feet, astake, the N. W. corner
of a lot sold by H. D. McDonald to A.. G. HUbbard. January 13th,
1913 as shown in Deed Book 143, page 418. The nee East with the N. B.
line of said McDonald-Hubbard lot 216 feet to the W. B. line of
South .tefferson Street. Thence North with the W. B. line of
Jefferson Street 55 feet, a stake, Mrs. Reese's S'. E. corner.
Thenoe West 216 feet to the place of beginningr.
To have and to hold.
Ltl
Abstract No. uy~:l:\;ll'
Eu.g,nle. B;ubbard.
. .'a.1\ -Pr,esbyterian Churoh of Paris, Texas.
Character of Instrument,
General Warranty Deed.
July 5th, 1916.
July 7th, 1916.
Deed Book 157, page 211.
Date,
Date of filing,
Recorded in
ACKNOWLEDGMENT
Regular for A. G. Hubbard and. wife Eugenia Hubbard,
Both taken by Willie Stone, Notary Public, Lamar County, Texas
on July 5th, 1916.
CONSIDERATION.
KNOW ALL MEN BY THESE PRESENTS: Tm t we, A. G. Hubbard
and wife, Eugenia Hubbard, of the County olf Lamar and state of
Texas, in consideration of Three Thousand t;a.nd Twenty and 00/100
Dollars, to us in hand paid by Central Presbyterian Churoh of
Paris, Texas, a corporation the receipt of which is hereby acknow-
ledged, have granted, sold and oonveyed and by these presents,
grant, bargain, sell and convey unto the said Central Presbyterian
Churoh of Paris, Texas, and to its successors and assigns forever,
the following described tract or paroel of land......
DESCRIPTION.
Situated in the County of Lamar and State of Texas, viz.
Within the oorporate limits of the City of paris, on the
.~~i3.i~Jd~...p.!...?_<?:!:1tl!- Q~uroh Street, and being the same lot deeded
by H. D. MoDonald to I."G'~-"1luooara~- ;:Tanuary 13th, 1913, as shown in
Deed Book 143, page 41$.
EKGINN.INg.at a stake on the E. B. line of South Churoh
Street, the ~. W. corner of a lot deeded by H. D. McDonald to Mrs.
Morris Fleming as shown in Deed Book 143, page 419 Lamar County .
Reoords. Thenoe South with the E. B. line of Churoh Street 55 feet
a stake. the N. W. corner of a lot deeded by H. S. Bettes and wife
to Sayers Boyd. Thenoe East with the N. B. line of the Bettes
Boyd lot 216 feet, a stake on the W. B. line of Jefferson Street.
Thenoe North with tmW. B. line of Jefferson Street 55 feet a
stake, tlll S .~.. corner of the MoDona1d-Fleming lot. Thence West
2..6 feet to the place of beg1nning.
To have and to hold.
"-.,
Pegs -E
if .
"'4
oans and RealEstate, Paris, TeXas. Abstract No...... . ~n::V1.4
Sayers Boyd.
.~ R~ Stamps t
$1.50 cancelled. 0
Central Presbyterian Church of Paris, Texas.
Character of Instrument,
~neral Warranty Deed.
July 5th, 1916.
July 7th, 1916.
Deed Book 160, page 108.
Date,
Date of filing,
Recorded in
I
.~:
I
ACKNOWLEDGMENT
Regular. for Sayers Bop:d. Taken by T. M. Soott, Notary
Public, Lamar County, Texas, July 7th, 1916.
CONSIDERATION.
KNOW ALL MEU BY THESE PRESENTS: That I, Sayers Boyd of
the County of Lamar, and State of Texas, in consideration of
Twenty-Five Hundred and 00/100 Dollars to me in hand paid by
Central Presbyterian Church of Paris, Texas a Corporation, the
receipt of which is hereby acknowledged, have granted, sold and
conveyed and do by these presents, grant, bargain, sell and convey
unto the saidCentral Presbyterian Church of Paris, Texas and to its
successors and assigns forever, the following, described tract or
paroel of land, ""
.,
DESCRIPTION.
Situated in the County of Lamar and State of Texas, Viz:
Within the corporate limits of the City of Paris, on the East side
of South Church Street a part of ..!;b,~_.~._Ji,atta~_..Sl.~vey t being the
same lot deeded by Laura J. Fenet and. husband to Sayers Boyd
October 10th, 1903, as shown in Deed Book 1091~age 96, and also
deeded by H. S. Bettes and wife Mary E. Bettes, to Sayers Boyd,
October 9th, 1903, as shown in Deed Book 109, page 97.
BEGINNING at a stake on the East side of South Church
Stree-t-&-3!5 feet Uortli--'of the N. W. oorner 01; the lot deeded to Mrs
Laura J. renet by the Heirs of J. N. and Ida Uo~ath. Thence
South with tm E. B. line of Church Strest 6-3/5 feet the N. W.
corner of said McBath-Fenet lot, and theN. W. COrner of the
Fenet-Boyd lot, continuing on South 42-1/5 feet making in all
South 48-4/5 feet a stake the S. W. corner of the Fenet-Boyd lot.
Thence East with its S. B. line 216 feet to a stake in the W. B. linf
of Jefferson Street. Thence North with the W. B. line of Jefferson
Street 48-4/5 feet, a stake, the N.. E.. corner of the Bettes-
Boyd lot. Thenoe West with his U B. line 216 feet to the
plaoe of beginning.
This property at the time is a vacant lot on South
Church Street, and is not my homestead. My homestead oonsists of
a house and lot on South Main Street in the Larkin flattan Survey,
and being the same lot deeded to me by J. D. McD'Q.~ and wife upon
which my \viie, my farn ily anrl I are now 11 ving and have be en
living since purchase.
To have and to hold etc.....
F';;:,.::;c.
If
-~------~
---._-_.---
- - that certain lot, tract, or parcel
of land situated in the City of Paris, Lamar County, Texas, on the
East side of South Church Street (or 22nd Street) and being the same
land conveyed to th~ Central Presbyterian Church of Paris, Texas, in
three deeds, dated July 5, 1916, one from Morris Fleming and wife of
record in deed book 157, page 210, one from A.G. Hubbard of record
in book 157, page 211, and one from Sayers Boyd of record in deed
book 160, page 108, Lamar County Deed records; and described by metes
and bounds as follows:
Beginning at a stake in the EB line of South Church or 22nd
Street, the N.W. corner of lot conveyed by Fleming to said Church,
which point is the SW corner of a lot owned by Mrs. Laura Rees;
Thence South with the EB 1 i ne c:f said Stre~t 55 feet to a stake,
the NW corner of the lot conveyed by Hubbard to said Church, con-
tinuing South 55 feet to a stake, the NW corner of lot conveyed by
Boyd to the Church, continuing South 48-4/5 feet to the SW corner of
s,aid lot conveyed by Boyd to the Church, being In all South 158-4/5
feet;
Thence East with the SB line of the lot conveyed by Boyd to said
Church 216 feet to a stake in the WE line of 3rd Street SE, formerly,
Jefferson or 23rd Street, the SE corner of said lot.
Thence North wi th the WB 1 I ne of 3rd Street SE -158-4/5 feet to a
stake, the NE corner of the lot conveyed by Fleming to the Church;
Thence West with its NB line 216 feet to the place of beginning;
such indenture being recorded in book 41, page 84-86 of the Deed of
Trust Records of Lamar County, Texas; and,
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