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2009-033-ORD REZONE 1920 S CHURCHORDINANCE NO. 2009 -033 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 City 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 7 ayes and 0 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 Or 'pance 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 1920 South Church Street, City of Paris, Lamar County, 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 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 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 7 ayes and 0 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. �sse Jam Freelen, Mayor ATTEST: J ice Ellis, City Clerk APPROVED A ORM: W. Kent McIly ty Attorney I /nom i ul�� t 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 -rive 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 Deets 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 �.. 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 PROMULGATED 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 fixtures in the time of Closing; PROVIDED: Purchaser shall have the right to store its 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 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: &a. ROBERT (BOB) • Date of Execution: 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 75460 -4222 Telephone: 903/784 -4393 Telefax: 903/784 -8092 -3- PURCHASER: SEED SOWERS CHRISTIANS IN ACTION, A Texas Non - Profit Corporation M. DONALD R. WALKER President, Duly Authorized Date of Execution: 0 EXHIBIT A Being all Thal certain trai•I or parcel of land situated within the LAWN RATTAN SURVEY, of Paris. County of Lamar, and Stale of Texas, a part o Abstract No. 778, and being the same tract of land conveyed Hill - Ellion, lnc. by deed recorded in Volume 540, Page 184, of the Dced Records of said County and State. at 'he BEGINN of said stake t of land said Point being South distance of 189 fl�fromtthctSouth Northeast comer Boundary Line of Evergreen Street; THENCE South along the West Boundary Line of South Church Street a distance of 474 fi. to a stake for comer at the Southeast comer of said Hill Elliott tract of land; THENCE North 88 deg. 30 min. West a distance of 345 fi. to a stake for corner at the Southwest comer of said tract of land; THENCE North a distance of 474 ft. to a stake for corner at the Northwest comer of said tract of land; THENCE South 88 deg. 30 min. East a distance of 345 ft. 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 parts, Lamar County, Texas, a part of the Larkin Rattan Survey, Abstract 078, and being a part of a tract of land conveyed to Calvin Dirks and wife, Mary Ann Dirks by deed recorded in Volume 1051, Page 258, of the Lamar County Ryal Property Records and being further described as follows: Beginning at an iron pin found for the Northeast Comer of said Dirks tract and at the Southeast corner of a tract of land conveyed to Barney Bray III by deed recorded in Volume 211, Page 20, of the Lamar County Real Property Records; Thence South along the East line of Dirks tract and along the West Boundary Line of South Church Street a distance of 166.43 Feet to an iron pin set for corner; Thence North 89° 12' 31 •' West a distance of 345.12 feet to an iron pin set for corner in the East line of a tract of land belonging to Bessie Lee Haynes et a1., and described in a deed to J.C. Dunagan recorded in Volume 160, Page 454, of the Lamar County Deed Records; Thence North along the West line of Dirks tract and along the East line of said Haynes tract a distance of) 66.43 feet to an iron pin found for corner; Thence South 89° 12'•31" East a distance of 345.12 feet to the place of beginning and containing 13 19 acres ofland. NOTE: The line called South in Volume 1051, Page 258• of the Lamar County Real Property Records and used as basis of bearing. I, R Braodon Chancy, Registered Professional Land Surveyor No. 4057, State of Texas, certify that the above Plat and Field Notes depict and represent an actual Survey made on the ground under my supervision a tnish © 4 2003--'_ �PCE�StF RF�"1.9- c� R R. Brandon Chaney bS! No. 40 A. a ��..� ................. r.. r R. BRANDON CHANfY .p ...4057...?... . 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 corner, the Southeast corner of said Dirks tract in the West Line of South Church Street; Thence North 880 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 hereby g ive permission to o � to change the zoning at (address) 19 .Q0 6, Ci^.,.,I-cl, Sf. , Lot , Block Signature: L'Le ULILI, Printed Name: 8 I3 L),v al L) hi sz wy0 C 2 O N C W W W W Z 4 � 1 1101 i i so Recycling Bends for the public to put recycling into 9 For Recycling of : DIAGRAM FOR NEW BUILDING Bath Room Male Shelter Free No Charge Bath Room Shower Bicyde Repairs Kitchen Computer Local and Transite Repairs Food Box 6 Diaper Storage For Children Stay Up To Three Months 1 Room Free Service for Christmas Furniture Give Away Mens Free no charge Shelter Shoes O No Charge $ Office 10 Dinning Area For A Hot D flews Paper, Cardboard, Shredded Paper, Aluminum Cans, Plastic, Rags Free Of Charge n 0 Storage For: Campbell Soup, Diapers, Food, Ect. Q L O A Office 3 Diaper 5 Food Box 6 Diaper Storage D Office 4 Room Free Service Room Free Service Furniture Give Away Free Service N G Shoes O No Charge $ Dinning Area For A Hot D Meal Free To The O C Clothing Give Away Public 2 K S Free No Charge O 7 No Charge Mens omen Bath Bath Room Room Since we don't charge 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�G/M I Z V,/ t r3 G V/SFr� V ti7' 13Tavbl,-f VP 7o God c ;r-0r`Sm ,9 // i V D, ax s "Ar (W4� "bsjwet�� 4 PJ�il z'f C/) URN tt RIME. 0 i -7 W, sout hurch III .r 74� Yt 7 -AW 01. III .r TO: Chairman and Members of the Planning and Zoning Commission Honorable Mayor and Members of the City Council FROM: Planning and Development 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 1.341 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 Industrial District (LI). The Comprehensive Plan recommends that this property be zoned Light Industrial. cc: Kevin Carruth, City Manager W. Kent McIlyar, City Attorney COMMUNITY DEVELOPMENT DEPARTMENT P. 0. Box 9037 f. Paris, Texas 75461 r 903 784 -9234 For Office Use my - Request Numbe APPLICAMN FOR ZONING CHA14GE Date t i Ik3 P Mtg Date: Q TYPE OF ACTION REQUESTED: ❑ Zoning Change ❑ Specific Use Permit ❑ Planned Development PROPERTY INFORhhATION: // // -7��( Address: lq 50"t r G Ac, r/6^ pay r' S . 1 '\ � �q(O Name of Business or Building (if applicable): �- Lot f _ Block '-Jb "V Subdivision Current Zoning: q C- roposed Zoning: fro ` f!r AF /A C r a /t,- /%A t C / /� 1`� 4 -a 45 r a �D �>aiifi What is the propos d use of the property? /�!a a 17� F (/! tD�avr! ?��r'o n Describe the character and/or nature of uses of surrounding property. �� f Q �' y� �c" r °0 -- tl -1, 4 G f ke— 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 the tract unsuitable for uses permitted under the present zoning classification? Yes / 6) If No, why are you 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 con fro ct maybe used In lieu of permission letter ONLY IF the contract provides that the purchase Is con tingenI upon the applicants uccessfuily ob Is In Ing a zoning change.) � / Applicant's Name: �0 /v YV V t� l ® d �; Q� .J � k �`� <_ Applicant's Address: Phone: Property Owner's Name: i. r l t. 7 `Y in LAS J (3�-1 .� mac; a1 7G1#5 Phone: Gsf � Property Owner's Address: CCC[[ C[ CCC C®[ C® CCCC[[ CCC[ E19CEC CE[ EE[ C[ [C[C[[[CCF.L[CE[CCEG ®[ ®E[[[CF.0 [ECCC.0 C[[EEEECC CCa' REQUIRED SUBMITTALS (check those items which are included): f3` ompleted application signed by the owner /applicant If Planned Development requested, include also: [opy of a deed with metes and bounds ❑ Four (4) copies of a preliminary site plan 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 property or his duly authorized ent. �� ��,�`'E`' � Address: 6D`S C Signed: _ Print Name: F Phone Number: Date: \ Fax Number: SWORN TO AND SUBSCRIBED BEFORE WE this day off J `-%\�, , 20 p 4Na Public, State of Texas 12/06 FILED: C = JEANNA SCOTT Ii NOTARY PUBLIC h STATE OF TEXAS y,' Nr Co mission Expires 01 26 2D11