19-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:
Commission
Engineering, Planning and
19.
08/24/09
Develo ment
RECOMMENDED MOTION:
Action item - public hearing and first reading
POLICY ISSUE(S):
Zoning; Public Hearing
BACKGROUND:
Mr. Don Walker (Seed Sowers Christian in Action) has requested that the zoning on the property located
on 1.341 acres situated on the east portion of Lot part of 3, City Block 170-A, and located at 1920 South
Church Street be changed from a Commercial District (C) to a Light Industrial District (LI) in order to
run their recycling business. 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.
We received a letter signed by two property owners in opposition to the rezoning. Seven properties are
located within the 200-foot notification area. These two people own two of the lots that fall within the
notification area. Two (2) of the seven (7) properties owners equal twenty-eight percent (28%) of
adjoining property owners as described in Section 21-105 of Zoning Ordinance No. 1710 states as
follows: "Unless a proposed amendment, supplement or change has been approved by the Planning and
Zoning Commission, or if a protest against such proposed amendment, supplement or change has been
filed with the City Secretary, duly signed and acknowledged by the owners of twenty (20) percent or
more either of the area of the lots included in such a proposed change or those immediately adjacent in
the rear thereof extending two hundred (200) feet there from or of those directly opposite thereto
extending two hundred (200) feet from the street frontage of such opposite lots, such amendment shall
not become effective except by a three-fourths vote of the governing body.
BOARD/COMMISSION RECOMMENDATION:
The Commission recommended approval of this request by a vote of 4-0.
EXHIBITS:
Ordinance, memo, letter, location aerial, and site photo
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Order
Expense
$
❑
Department Report ❑ Resolution
Budgeted Amt.
$
❑
Presentation Z Ordinance
y'I'D Actual
$
Z Public Hearing ❑ Other
Acct. Name
Acct. Number
FiscAL NoTES:
REVIEWED AND APPROVED BY:
Z Administration Z Ciry Clerk Z Communiry Development ❑ EMS/IT ❑ Finance ❑ Fire
Munici al Court Le al Libra Police En . Public Works Utilities
City of Paris
Revised 2/04/08
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MEMORANDUM
TO: Chaii-inan and Members of the Planning and Zoning Commission
Honorable Mayor and Members of the City Council
FROM: Planning and Developinent 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:
I. Don Walker (Seed Sowers Christians in Action) is requesting that the property located on
1.341 acres situated on the east portion of Lot part of 3, City Block 170-A, being number
1920 South Church Street, be rezoned from a Commercial District (C) to a Light lndustrial
District (LI). The Comprehensive Plan recommends that this property be zoned Light
Industrial.
cc: Kevin Carruth, City Manager
W. Kent McIlyar, City Attorney
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D RAFT
F:ALICE\ORDWORK\CURRENT\Zoning Ords - Walker - 1920 Church St (2)- 8-24-09
ORDINANCE NO.
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 1.341 ACRE TRACT OF LAND
SITUATED ON THE EAST 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 COMMERCIAL DISTRICT (C) TO A LIGHT INDUSTRIAL
DISTRICT (LI) 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 an amendment to
the Zoning Ordinance of the City of Paris to rezone a 1.341 acre tract of land situated on the East
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 Commercial District (C) to a Light Industrial District (LI); 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, a written protest against the proposed rezoning of this property has been
received from in excess of twenty percent (20%) of the owners of the property within 200 feet of
the boundary lines of the proposed tract to be rezoned, thereby requiring a three-quarter (3/4)
majority vote of the City Council to approve the rezoning of the property; and,
WHEREAS, on August 24, 2009, following notice and publication as required by law, the
City 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 and approved the rezoning of the property from a Commercial District (C) to a light
Industrial District (LI) by a vote of ayes and nays.
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 a
1.341 acre tract of land situated on the East portion of a part of Lot 3, City Block 170-A, located at
W1
1920 South Church Street, City of Paris, Lamar Counry, Texas from a Commercial District (C) to a
Light Industrial District (LI), said property being more particularly described in Exhibit A
attached hereto and made a part hereof.
Section 3. That the Chief Building Official of the Ciry 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 S. 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 8. 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 Ciry 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
THE STATE OF TEXAS )
)
COUNTY OF LAMAR )
CONTRACT OF SALE & PURCHASE
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 FOLLOWS: '
(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 Warranty Deed 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 ANY HAZARDOUS SUBSTANCES ON
THE PROPERTY WHICH WOULD AFFECT ITS USE FOR PURCHASER'S INTENDED
PURPOSES. OTHERWISE, SELLER HAS NOT MADE AND DOES NOT MAKE ANY
REPRESENTATIONS, WARRANTIES OR COVENANTS OF ANY KIND OR
CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, WITH RESPECT
TO THE QUALITY OR CONDITION OF THE PROPERTY. SPECIFICALLY, SELLER
DOES NOT MAKE ANY REPRESENTATIONS REGARDING SOLID WASTE, AS
-1-
EXHIBIT.~
A - - , 'LA-q
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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 RESPON PROIVIULGATED THEREUNDER.
ACT OF 1980, AS AMENDED, AND REGULATIONS
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 property upon execution of this contract.
2. Ad valorem taxes for 2009 will be prorated to date of Closing.
3. 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 incuned 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 attomey 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-
" --15G
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:
A ~&& 4
ROBERT (BOB) UNRUH
Date of Execution: /o-9-02
PURCHASER:
SEED SOWERS CHRISTIANS IN
ACTION, A Texas Non-Profit
Corporation
~
BY:
DONALD R. WALKER
President, Duly Authorized .
Date of Execution: 1D' 3 , t
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-
_ -151
/
EXHiB1T A
Deing all thai certain trai.•.i or parccl of {and aitu~ o wiihirt
LAR}LINOrRATTAN SURVEY,
o( P a r i s. C o u n ty o F L ama r, a n d S t a t e o f T e x a s, D
Abstrau No. 776, and bcing thc s.unc tracl of land conveyed Hill-Ellion, lnc. by dee d re c o r d e d i n
Volume 540, Page 184, of the Deed Rceords of said Couniy and Staie.
BEGTNNING at a s[ake for comcr in thc Wesi Boundary Linc of South Church Strect at thc
Northcast comcr of said tract of land, said point bcing South a distancc of 189 (t. From thc South
Boundary Line of Evcrgrccn Street;
THENCE South along thc Wcst Boundary Line of South Church Strcet a distence of 474 fl.
to a stakc for comcr at Lhe Southeast comer of said Hill-Elliott tract of land;
THENCE North 88 dcg. 30 min. West a distance of 345 ft. to a stake for corner ai the
Southwest comer ofsaid traci oCland;
TNENCE North a discancc of 474 fi. io a stake for comcr at the Northwest comer of said
(rad otland;
THENCE South 88 dcg. 30 min. Eazt a distance of 345 ft. to ihc place of beginning and
containing 3.754 acres of land.
SAVE AND EXCEPT THE FOLLOWTNG TRACT OF LAND:
Field Notes
Situated within the corporaie limits of the City of Paris, Lamar County, 7exas, a
part oFthe Larkin Rattan Survey, Abstract R778, and being a part of a trad of land
conveyed to Calvin Dirks and wife, Mary Ann Dirks by docd racorded in Volume 1051,
Page 258, of the Lamar County Rya1 Property Records and being further described as
foliows:
Beginning at an iron pin found for the Northeast tomer of said Dirks tract and at
the Southeast corner of e trsa of land conveycd to Harney Bmy [II by deed recorded in
Volume 211, Page 20, of the Lamar County Real Property Records;
Thence South aJong the East line ofDirks trnd and along thc West Boundary Line
of South Church Street a distance of 166.43 fcet to an iron pin eet for comer;
Thence North 89° 12' 3 1 " West a distance of 345.12 feet to an iron pin sct for
corner in the East line of a tract of land belonging to Bessie L.ee Haynes et al., and
described in a deed to J.C. Dunagan recorded in Volume 160, Page 454, of tho Lamar
Councy Deed Records;
Tbence North along the Wes1 )ine of Dirks iract end along the East line of said
Haynes tract n diatance of 166.43 feet to an iron pin found for corner;
Thence South $9° 12`31" East a distanca of345.12 feet to the place of beginning
and containing 1.319 acres oCland.
NOTE: The line callcd South in Volumc 1051, Page 258, of thc Lamar County
Reat Property Records and used as basis of bearing.
I, R Brandon Chaney, Registered Protessional Lend Surveyor No. 4057, State of
Texas, certify that the above Plat and Field Notes depict and reprosent an actuaJ Survey
made on the ground under my supervision e ~nish 2 0 3,
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R. Brandoo Chanoy R... No. 40.~. Q.~ ~ Fa•,
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Property Description
Being all that certain tract of land situated in the City of Paris, Lamar County,
Texas a part of the Larkin Rattan Survey and being a part of the same land conveyed to
Calvin Dirks and wife Mary Ann Dirks by deed recorded in Volume 1051, Page 258 of
the Lamar County Real Property Records;
Beginning at a point for comer, the Southeast corner of said Dirks tract in the
West Line of South Church Street;
Thence North 88° 30' West with the South Line of said Dirks tract a distance of
190 feet to a point for corner;
Thence North a distance of 307.58 feet to a point for corner;
Thence South 88°30' East a distance of 190 feet to a point for corner in the West
Line of South Church Street;
Thence South with said West Line a distance of 307.58 feet to the place of
beginning and containing 1.341 acres of land.
July 1, 2009
I hereby give permission to ✓'m to change the
zoning at (address) 19;20 S. Glw-ck Sf. , Lot ,
Block
Signature:
Printed Name: LL8 t2 6, a u %-t
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Bath Room
Male Shelter
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Computer
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Office
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Aluminum Cans, Piasfiic, Rags
Campbeil Soup,
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Since we don't chazge 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.
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COR;MUA!ITY DEVELOPfi4EtJT DERARTMENT
P. Q. Box 9037 ` Paris, Texas 75461 E 903-784-9234
APPLICATION FOI~ ~ONIK'C CkANCE For Office Uhs~e ~nly • ~ quest Numb • Q
Date Rcvd: E~ Mtg Date:
TYPE OF ACTION REQUESTED: ❑ Zoning Change ❑
Specific Use Permit 0 Planned Development
PROPERTY INFORWiATIOId:
Address: l-( Q SG ct rh G~t Pc(,,' S 7-' \ -7S-ql~ Q
Name of Business or Building (if applicable): (~n-, 7T!'1 aCA~ C`rN
Lot ~ Block h(3 4 Subdivision C-x~~ c'~T ~a-~ )IN
Current Zoning: q vA h 41~9 ` ~-f Proposed Zoning:
r d h.,, h.c t G ~ I'Q d' I-i--O 4 S ~ a 4 D~c°I1a'
•
What is the propos d use of the property. f~lrs T.ra~~'f ~o~rar+
Describe the character and/or nature of uses of surrounding property. ~ t' ~ l~o ~r-y"1 ~f ~ SB ~ufidow ~
4- G So ~~j ff'~bt(i IC. %k e, o 0 Cf'_
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Will the re-zoned designation be compatible with the classification and use of adjoining lands? 6) No
If No, how do you propose to reduce any adverse impact?
Is tne tract unsuitable for uses permitted under the present zoning classification? Yes
If No, why are you requesting a change in the permitting uses?
OVdN ER/APPLICAMT INFORIIIIATIOR: (I/ you are not the owner, a permisslon letter from fhe owner ls requlred. 1/ you are purchas/np the property, a copy ot
the contract may be usedln Ileu o/a permission letterONLY IF the contraciprovldes fhatthe purchase Is contlngent upon the appl/cantsuccessiully obtalning a toning
change.) 11 q"~ ~
--~Pplicant's Name:
ApplicanYsAddress• e-M eg I ~ Phone:
~
Property Owner's Name: (4 F fV•p u ,i,
Prpperty Owner's Address: 7Y P 9•~ ,'jS &.A S S°At 7r--1V:5 Phone: Gf,~ •!°7 ~S
c~scee~erc~~ce~ecseteoccecoocceiec¢cceee~ECeiseeeer~ccECECCCC~6ccs~cescccee~c~c~creoecec~cEeeceorercc
RE,QUIRED SUBMITTALS (check those items wrhich are included):
43~ompleted application signed by the ownerlappiicant If Planned Development requested, include also:
L~ opy of a deed with metes and bounds ❑ Four (4) copies of a preliminary site pian
rmission letter from owner
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 I am the owner of the above properry or his
dulY authorized ent.
Signed: Address:
Print Name: ~ Phone Number:
Date: \ Fax Number:
SHdORN TO AND SUBSCRIBED BEFORE ME this
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FILED:
BY:~~~~
day of 20 G~ p
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N a Public, State of Texas
12/06
JEANNA SCOTT
N07ARV PUBLIC
\Z ~STATE OF TEXAS
-26
N,y Commission Expires Ot-2011
ROBERT A. BURNS
DONNA (KATIE) BRYANT
Planning and Development Department
The City of Paris
P. O. Box 9037
Paris, TX 75461-9037
Dear Sir or Madam:
P. O. BOX 1146
PARIS, TX 75461
903-785-5063
luly 2s, 2009
We have received notice of a hearing to be held before the Planning and Zoning
Commission on Monday, August 3, 2009 at 5:30 P.M. to consider the petition of Don
Walker for a change in zoning from a Commercial District to a Light Industrial District
on 1.341 acres situated on the east portion of Lot part of 3, City Block 170-A, 1920 S.
Church St. We were notified because we have property within 200 feet of the tract of
land described.
We purchased three properties on S. Church St. this past April as an investment in
property zoned Commercial. Unfortunately, we are already scheduled to be out of town
at the time of the hearing. Please know that we are opposed to the zoning change.
We will call the number listed in the letter to affirm our intent. Please call us after you
receive this letter if there is anything else we need to do to make our views known.
Sincerely,
Robert A. Burns
<;a~
Donna (Katie) Bryant
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