Loading...
18-Zoning; Public HearingCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department- Presented By: Agenda Item No.: 08/17/09 Planning &Zoning Shawn Napier, P.E., Director of Council Date: Cormnission Engineering, Planning and 18. 08/24/09 Develo ment RECOMMENDED MOTION: Not an action item - public hearing and first reading PoLicY IsstrE(s): Zoning; Public Hearing BACKGROUND: Mr. Don Walker (Seed Sowers Christian in Action) has requested that the zoning on 1.094 acres situated on the west portion of Lot part of 3, City Block 170-A, and located at 1920 South Church Street be changed from a Light Industrial District (LI) to a Commercial District (C) in order to have a men's dormitory. The Planning and Zoning Commission recommended approval of this request. One person spoke in favor of the request. One person spoke in opposition to this request and one letter opposing the zoning request was entered into the record. BOARD/CAMMISSION RECOMMENDATION: The Commission recommended approval of this request by a vote of 4-0. ExxiBiTS: Ordinance, memo, location aerial, and site photo ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Departrnent Report ❑ Resolution Budgeted Amt $ ❑ Presentation ~ Ordinance y'rD Actual $ ~ Public Hearing ❑ Other Acct Name Acct Number FiscAL NoTES: REVIEWED AND APPROVED BY: Z AdministYation Z City Cleric Z Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 - - - 12'j MEMORANDUM TO: Chairman and Members of the Planning and Zoning Commission Honorable Mayor and Members of the City Council FROM: Planning and Developnlent Department SUBJECT: Zoning Change Requests DATE: July 24, 2009 The following zoning change request will be presented at the August 3, 2009, meeting of the Planning and Zoning Commission and the August 24, 2009, meeting of the City Council of the City of Paris for consideration: Don Walker (Seed Sowers Christians in Action) is requesting that the property located on 1.094 acres situated on the west portion of Lot part of 3, City Block 170-A, being number 1920 South Church Street, be rezoned from a Light Industrial Dish-ict (LI) to a Commercial Disfict (C). The Comprehensive Plan recommends that this property be zoned Light Industrial_ Approval of this request would require an amendment to the Comprehensive Land Use Map. cc: Kevin Carruth, City Manager W. Kent McIlyar, City Attorney m - 13~~ DRAFT F:ALICE\ORDWORK\CORRENT\Zoning Ords - Walker - 1920 Church St - 8-24-09 ORDINANCE N0. 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 1.094 ACRE TRACT OF LA1VD SITUATED ON THE WEST PORTION OF A PART OF LOT 3, CITY BLOCK 170-A, LOCATED AT 1920 SOUTH CHURCH STREET, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A LIGHT INDUSTRIAL DISTRICT (LI) TO A COMMERCIAL DISTRICT (C) DIRECTIIIIG 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 an amendment to the Zoning Ordinance of the City of Paris to rezone a 1.094 acre tract of land situated on the West portion of a part of Lot 3, City Block 170-A, located at 1920 South Church Street, Ciry of Paris, Lamar County, Texas from a Light Industrial District (LI) to a Commercial District (C); and, WHEREAS, on August 3, 2009, the Planning and Zoning Commission conducted a public hearing on the proposed amendment to the Ciry zoning ordinance and, following said hearing, made formal recommendation to the City Council to approve the requested zoning; and, WHEREAS, on August 24, 2009, following notice and publication as required by law, the Ciry Council of the City of Paris conducted a public hearing on the 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 Future Land Use Plan of the City of Paris, consistent with the City zoning ordinance, and in the best interests 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 IVo. 1710 of the City of Paris as heretofore amended is hereby further amended to rezone a a 1.094 acre tract of land situated on the West portion of a part of Lot 3, City Block 170-A, located at 1920 South Church Street, City of Paris, Lamar County, Texas from a Light Industrial District (LI) to a Commercial District (C), said property being more particularly described in Exhibit A attached hereto and made a part hereof. rr 1V L 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 Ciry 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 provision of this ordinance shall be guilty of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec. 1-6 of Chapter One of the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the above-enumerated sections shall constitute and be deemed a separate offense. Section B. That the City Council voted by a supermajority vote of the entire Council to suspend the rule requiring two readings before adoption of ordinances ayes and _ nays. Section 9. That this ordinance shall become effective from and after its passage of the first reading and publication as required by law. PASSED AND ADOPTED on by the City Council of the City of Paris, in regular session on this the 24th day of August, 2009. Jesse James Freelen, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney 1. -13u ~ THE STATE OF TEXAS CONTRACT OF SALE & PURCHASE COUNTY OF LAMAR BY THIS AGREEMENT AND CONTRACT ROBERT (BOB) UNRUH of Lamar County, Texas, herein called "Seller", agrees to sell and convey to SEED SOWERS CHRISTIANS IN ACTION, A Texas Non-Profit Corporation, by and through its duly authorized President, Donald R. Walker, also of Lamar County, Texas (whose mailing address is herein called "Purchaser", the following described real property and premises in Lamar County, Texas: The property and premises at 1920 South Church Street in the City of Paris, being a tract of 3.754 acres of land in the Larkin Rattan Survey, Abst. No. 778, Save, Except and Less a tract of 1.319 acres of land; all more fully described in Exhibit "A" attached hereto and made a part hereof for all necessary purposes. The purchase price for the within described property shall be Two hundred eighty-five thousand and no/100 ($285,000.00) Dollars, PAYABLE AS FOLLOWS: (a) $60,000.00 in the form of a gift from Seller to Purchaser; and (b) The balance, $225,000.00, PAYABLE AS FOLLQWS: (I) $5,000.00 cash at time of Closing; and (ii) The balance, $220,000.00, evidenced by note from Purchaser to Seller, bearing interest at the rate of 4.00% per annum, payable as follows: INTEREST ONLY one (1) year from date of Closing, with the entire unpaid principal balance, plus accrued interest, due and payable 18 months from date of Closing. Purchaser's note to Seller will be secured by vendor's and deed of trust liens covering the within described property; shall contain the privilege of prepayment without penalty; and both the note and deed of trust shall contain a "due-on-sale" clause. Seller agrees to execute a good and sufficient General Wananty DeeO conveying the property to Purchaser; and Purchaser agrees, when such deed is tendered, to pay the cash payment hereinabove provided for and to execute all documents necessary to consummate this transaction. In the event the improvements on the within described property are destroyed, or damaged beyond repair, by fire, windstorm, hail, explosion or otherwise, before this contract is consummated, Purchaser may - at its option - terminate this contract. TO THE BEST OF SELLER'S KNOWLEDGE AND BELIEF, THERE IS NO ENVIRONMENTAL DAMAGE NOR ARE THERE ANl' HAZARDOUS SUBSTANCES ON THE PROPERTY WHICH WOULD AFFECT ITS USE FOR PURCHASER'S INTENDED ]PURPOSES. OTHERWISE, SELLER HAS IVOT MADE AND DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR COVENANTS OF ANY KIND OR CHARACT'ER WHATSOEVER, WHETHER EXPRESS OR IIVIPLIEB, WITH RESFECT TO THE QUALITY OR CONDITION OF THE PROPERTY. SPECIFICALLY, SELLER DOES NOT MAKE ANY REPRESENTATIONS REGARDING SOLID WASTE, AS -1- EXHIBiT g 0 - - - 13 ~ DEFINED BY THE TEXAS SOLID WASTE DISPOSAL ACT AND THE REGULATIONS ADOPTED THEREUNDER, OR THE U.S. ENVIRONMENTAL PROTECTION AGENCY REGULATIONS AT 40 C.F.R., PART 261, OR THE DISPOSAL OR EXISTENCE, IN OR ON THE PROPERTY, OF ANY HAZARDOUS SUBSTANCE, AS DEFINED BY THE COMPREHENSIVE ENVIRONMENTAL RESPONSE COMPENSATION AND LIABILITY ACT OF 1980, AS AMENDED, AND REGULATIONS PROIVIULGATED THEREUNDER. SPECIAL CONDITIONS: 1. Closing shall be no later than ten (10) days after final approval by the City of Paris of the zoning change hereinafter required, with possession of the property given to Purchaser at time of Closing; PROVIDED: Purchaser shall have the right to store its fixtures in the building on the properiy upon execution of this contract. 2. Ad valorem taxes for 2009 will be prorated to date of Closing. Seller and Purchaser agree that Purchaser is taking the within described property "AS IS", with any and all latent and patent defects; and that there is no warranty by Seller that the property is fit for a particular purpose. Purchaser acknowledges that it is not relying upon any representation, statement or other assertion with respect to the property condition, but is relying upon its examination of the property. Purchaser takes the property with the express understanding that there are no express or implied warranties (except for limited warranties of title set forth in the Closing documents); and the provisions of this paragraph shall survive the Closing. 4. This contract is CONTINGENT upon Purchaser obtaining zoning of the property for its intended purposes. 5. All closing costs incurred in this transaction will be paid by Purchaser; tax proration not being considered a "closing cost". 6. Seller and Purchaser each acknowledge that they have been advised they may obtain separate counsel to advise them concerning this contract and its subsequent consummation. They further acknowledge that A. W. Clem may not only be representing them in this transaction, but also the Title Company as examining attorney and a lending institution if a loan is to be perfected. Seller and Purchaser agree that they find no conflict in this multiple representation; that there is no conflict between them at this time; and acknowledge they have been fully advised of their rights by A. W. Clem. Each agrees that A. W. Clem may, with their full knowledge and consent, represent them in this transaction; and that should any conflict subsequently occur between the parties or other interests which he may represent, A. W. Clem shall immediately withdraw as attorney for all parties, and they shall each employ other counsel. -2- ~ EXECUTED in multiple counterparts the respective dates set forth below; the provisions of this contract to extend beyond Closing as may be necessary for protection of the parties' respective rights hereunder. SELLER: 4 ktOBERT (BOB) UN12UH Date of Execution: a-a-eq PURCHASER: SEED SOWERS CHRISTIANS IN ACTION, A Texas Non-Profit Date of Execution: ~ Corporation ~ BY: DONALD R. WALKER President, Duly Authorized _ PREPARED IN THE LAW OFFICE OF: A. W. CLEM, Attorney c/o The Moore Law Firm, L.L.P. 100 North Main Street Paris, Texas 754604222 Telephone: 903/784-4393 Telefax: 903/784-8092 -3- A -135) EXH1BIT A Deing all (hai certain ~ra~•.i or parcel of land situatcd within the Cnrporaic Limils of the Ctty o(pariS. COUnty Lamar, d sSuT,ac e croc~ Texas, SURdVaY Abstraci No. 778, arid bcing he Volume 540, Pagc 184, o( the Dccd Rccords otsaid County and State. BEGiNN1NG at a stakc for comcr in ihc West Boundary Line o( South Chutch Slrect at the Nonhcast comcr of said lracl of land, said point bcing South a distancc o( 189 (t. From the South Boundary Line of Evcrgrcen Strcet; ll-IENCE South along the Wcst Boundary Linc of South Church Strcet a distancc o( 474 fi. to a stake for comcr at the Southeast comer of said Hill-Elliott tract of land; THENCE North 88 deg. 10 min. West a distance of 345 ft. to a stake for corner al the Southwest comer of said nact o(land; TNENCE Norih a distance o( 474 ft. io a stake for corncr at the Nonhwest comer oC said lract of land; THENCE South 88 dcg. 30 min. East a distance of 345 h. to the place of beginning and containing 3.754 acres of land. SAVE AND EXCEPT THE FOLLOWING TRACT OF LAND: Field Notes Situated within the corporate limits of the City of Paris, L,amar County, Texas, a part oP the Larkin Rattan Survey, Abstraee ff778, and being a part of a treet of land conveyed to Catvin Dirks and wife, Mary Ann Dirks by docd racorded in Volume 1051, Page 258, of ihc Lamar County Ryal Property Records and being further described as Follows: $eginning at an iron pin found for the Northeast r.omcr of said Dirks tract and at the Southeast corner of a trea of land conveyed to Harney Bray [II by deed recorded in Volume 211, Page 20, of the Lamar County Rea1 Proputy Records; Theoce South aJong the East line ofDirks tract and along the Wwt Boundary Line of South Church Street a distance of 166.43 fcet to an 'uon pin ut for comer; Thence North 89° 12' 3 1" West a distance of 345.12 feet to an iron pin set for corner in the East line of a vact of land bolonging to Bessie L.ee Haynes et aJ., and dacribed in n deed to J.C. Dunagan recorded in Volume 160, Page 454, of the Lamar County Deed Records; Thence Nonh along the West line of Dirks tred end along the East line oC said Haynes tract n diatanct of 166.43 feet to an iron pin Found for corner; Thcnce South $9° 12`3 1" East a distance of345.12 Feet to the place of beginning and containing 1.319 acres of land. NOTE: The fine called South in Volume 1051, Page 258, of thc Lamar County Real Property Records and used as basis of bearing. 1, R. Brandon Chaney, Registercd Professional Lend Surveyor No. 4057, Statc of Texas, certify that the above Plat and Field Notes depict and reprosent an actual Survey made on the ground under my supervision a finish 2003. f1F T~ ~+f ~P;.•. R. Brandon Chaney R... No. aoslr~ ,t; a1 ~...1 .................r..♦ ~ R.BRANUON CHANfY 4057 io ~ ~~'1'.,~yuR •~G O V { - - 130` J u ly 1, 2009 -4-1 I herebY give permission to 1 to change the zoning at (address) 19.20 5, Gkw-ck Sf. , Lot , Block Signature: &~e Printed Name: 8:23 O.v i,, u -13-1' AT- ~ a z 0 h c w n r u 3 z . ~ ~ J „ -l3v ~ DIA~RAM FOR NEW BUELDING Recyciing Bends for the pubiic io put recycling into Bath Room ath Male Sheiter oom Bicycle Repairs Free No Charge hower Computer Local and Transite Kitchen Repairs For Children Stay Up 7o Three Months tor Christmas Mens Free no charge Shelter Office 10 For Recycling of : News Paper, Cardboard, Shredded Paper, Aluminum Cans, Plastic, Rags Free Of Charge 0 Storage For : Campbeil Soup, Diapers, Food, Ect. 0 L I ~ Uffice 3 Diaper 5 Food Box 6 Diaper Storage p Office 4 Room Free Service Room Free Senrice Fumiture Give Away I N Free Service G Shoes O No Charge $ U Dinning Area For A Hot o Meal Free To The C Clothing Give Away Public 1U2 K S Free No Charge O No Charge Niens omen Bath Bath Room Room Since we don't chasge for any services we need to start soon using rooms: 1,2,3,4,5,6,7,8,9,10 , Rooms 11 and 12 we will have to do over a period of time because of cost and have to have it approved when we get it finished and up to code it will not be used for that until it is approved, it will be used for storage only room 11. 12 o G,~ ~ Z wr r3 G usF0 131.2f4 r 200~, Q,v~ UN7~ l /3 (V ubA -i vP 7c) Goc,Je ~rr~Sm/~// ~;`~`L~~.✓ 0 -1D 1 ~ e y,l ( ?t x ~ ~ S ~ i , . t ~~~W ~ 'G'~~ •-~t" • . ~ F~ ~ ft ' F S•;.. C~ : ~ . ~ ~ , ~d 'v fII « ry ~ ~ f ~+1.k:• tc ^A- -e. s'~ ~ 'r'` ~ ~ . , . . , , . ~ & ttg s u. r y , ' ~3F n Y~. ~ ~ . . V . . yoa n , . ~ x ~ , a.~ , ' • ' ` f: i- a s- ~ r ~ • ~ . 1~ ~~,~y Y~' , N- ~ • ~ "a* Y k ~ Ri f ~Aj 5 ~ ~ Wp; k F -~rv I ,4, ~ Lw •.,*y ~^p+~~,~'~~ 1 ~ 1 . A~',~ . ff Y `,ygy ~'R. ~ ~ .t+~~~ m ~ 'p "r~ ~ ~ k ~TM { O ~ I f 1 ~I 1~5' F ."i~i~v ~ . . . , . . . . . ~I m - - - 1, COMWiUNITY DEVELOPMER'T DEFh,R7MENT P. 0. Bou 3037 r paris, Sexas 75465 r, 903-784-9234 For Office Use nly Request Numb • APPLICd~~ ~OR ~ONI~~ CHANGE hj Q Daie Rcvd: Mtg Date: Tl'PE OF ACTIOR REQUESTED: ❑ Zoning Change 0 Specific Use Permit O Planned Development PROPERTY INFORidATION: Address: l 1~--O SG r~t rA ( ka , l'/Yl PQ','' ~X -7.5-q 62 d Name of Business or Building (if applicable): ao_~c,\c\ Lot Block ~_T(3~ Subdivision c_~ Current Zoning: q"A ~ q Proposed Zoning: z &c .-oi,,` k,, r C ^ What is the propos d use of the property? qTra~,-F- 41, i2g 4'~-+-~ l/ol,P,74-• Describe the character and/or nature oi uses of surrounding property. Iu*Cr,4 ~ 9-G 4'ke- SG6tC~ 4- r C".(~~C.ne, op- ,f>O~ Will the re-zoned designation be compatible with the cla sification and use of adjoining lands? 5) No If No, how do you propose to reduce any adverse impact? Is the tract unsuitable for uses permitted under the present zoning classification? Yes I6) If No, why are you requesting a change in the permitting uses? OWNER/APPLICEiNT INFORMkTIOfl: (ifyou are not tne owner,: perm+ssion letter from fhe owner Is requlred. f/ you sre purchaslnp the property, a copy of the confract maybe used In lleu o/a permrssfon letterONLY IF the contractprovldes thatlhe purchase la tontingent upon the appllcant successfully oblalning a zoning change.) ApplicanYs Name: ~ 'Isq-, l ApplicanYsAddress: Phone: ~ ✓ ~ v y' 0 ~ ~ Property Owner's Name: p i~ Property Owner's Address . 7 lj t) k;.. ~i S sr-7o I3s.r% 5 5c--it 7r1vS Phone: j65 •-`jr,~-il 7 3 eec~~eece:eceeeFCCreceecceEr.cceccectcesrcecceecFCrerec€eecrccr[eecFCC¢ccecc6ceceecece6ecer~ccE:ericerrer R~QUIRED SUBMITTALS (check those items which are included): £3'~,ompleted application signed by the owner/applicant If Planned Development requested, include also: q'popy of a deed with metes and bounds ❑ Four (4) copies of a preliminary site plan @~rmission letter from owner ~ Copy ot 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 wi►I be complied with, whether herein specified or not. I certify thai I am the owner of the above property or his duly authorized ent. ~ Signed: Address: CA-1P-%l Print Name: Phone Number: (a'3- ~ Date: \ Fax Number. SWORN TO kND SUBSCRIBED BEFOE3E ieAE this ~ D day of 20 ~ C--~' E'..~ r'" I~° ~ N a Pubiic, State of Texas FILED: iF J~,n Zi, nnn12/06 JEAfJNA SCOTT ~R = NOTHRY PUBLIC STATE OF TEXAS on \ NrI Cornmission Expires 01-26-2011 ~ a" - yv14_1 I W W cc H N V ~C ~ V yojn43 t - vvy14 . w ~~-14:~ . r-I ~ ~ v ~