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09-Trinity Christian Academy Zoning Change on Lot 1, Block ACITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 10/17/11 Planning & Zoning Shawn Napier, P.E., Director of 9 Council Date: Commission Engineering, Planning and • 10/24,/11 Develo ment RECOMMENDED MOTION: Public Hearing, first reading, deliberate and possibly act on an ordinance considering the petition of Trinity Christian Academy for a change in zoning for property located on Lot 1, Block A, Trinity Christian Academy Addition CB 323, being located at 2060 FM 79 from a Light Industrial District (LI) to a Commercial District (C). PoLrcY IssuE(s): Zoning; Public Hearing BACKGROUND: Trinity Christian Academy has requested a change in zoning from a Light Industrial District (LI) to a Commercial District (C), on Lot Block A, Trinity Christian Academy Addition CB 323, being located at 2060 FM 79. Trinity Christian Academy will be expanding their facility toward the southeast of the existing building. The property has been utilized as a Day Care Facility in the past; however in order for Trinity Christian to expand, the zoning must be changed. The Planning and Zoning Corrunission recommended approval of this request. One individual spoke in favor of the request. No spoke in opposition to this request. BOARD/COMMISSION RECOMMENDATION: The Commission recommended approval of this request by a vote of 7-0. EXMsiTS: Ordinance, memo, photos, and aerial ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt $ ❑ Presentation Z Ordinance yT'D Actual $ Z Public Hearing ❑ Other Acct Name Acct Number FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration Z City Clerk Z Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities Citv of Paris Revised 2/04/08 . 46 Draft 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 LOT 1, CITY BLOCK A, TRINITY CHRISTIAN ACADEMY ADDITION CB 323, PARIS, LAMAR COUNTY, TEXAS, LOCATED AT 2060 FM 79, FROM A LIGHT INDUSTRIAL DISTRICT (LI) TO A COMMERCIAL DISTRICT (C); DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning & Zoning Commission received a request for an amendment to the Zoning Ordinance 1710 of the City of Paris, as heretofore amended, to rezone Lot 1, City Block A, Trinity Christian Academy Addition CB 323, Paris, Lamar County, Texas, located at 2060 FM 79, Paris, Texas from a Light Industrial District (LI) to a Commercial District (C); and, WHEREAS, on October 3, 2011, following notice and publication as required by law, 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, on October 24, 2011, 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 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 Lot 1, City Block A, Trinity Christian Academy Addition CB 323, Paris, Lamar County, Texas, located at 2060 FM 79, from a Light Industrial District (LI) to a Commercial District (C). 47 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 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 the first and final reading this the 24th day of October, 2011. A.J. Hashmi, M.D., Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney - 48 MEMORANDUM TO: Chairman and Members of the Planning and Zoning Commission Honorable Mayor and Members of the City Council FROM: Jeanna Scott, Planning and Developinent Department SUBJECT: Zoning Change Requests DATE: September 27, 2011 The following zoning change request will be presented at the October 3, 2011, ineeting of the Planning and Zoning Commission and the October 24, 2011, meeting of the City Council of the City of Paris for consideration: Trinity Christian Academy is requesting that the property located on Lot I, Block A, Trinity Christian Academy Addition CB 323, being located at 2060 FM 79, be rezoned from a Light Industrial District (LI) to a Coinmercial District (C). Trinity Christian Academy will be expanding their facility toward the southeast of the existing building. The property has been utilized as a Day Care Facility in the past; however in order for Trinity Christian to expand, the zoning must be changed to a Commercial District (C). The surrounding properties are currently zoned Light IndustriaL I recominend approval of the petition. cc: Gene Anderson, Interim City Manager 49 FIARIS COMAflUNBTY DEVELQPMENT DEPAFdT`EdENT P. O. Box 9037 u- PaPis, 'Pezas 75461 e 903-784-9234 APFLICATION FOR ZONEft9G CE~ANGE For Office Use Only Reques4 kurnber. Date Rcvd: Mtg Date TYPE OF ACTIOPE REQUESTED: dZoning Change ❑ Specific Use Permit ❑ Planned Development PROPERTY INFORf►AATIOPI: Address: 2-0 (~QatJcJJ%_-~ °7~, Name of Business or Building (if applicable): Lot Block 4,A_ Subdivision 6 ~"-a Cn ~ ~B" ~ ~-ta Current Zoning: L~~rTkj-t f76 c1-i/5i"ri o I Proposed Zoning What is the proposed use of the property? D,1 4 C Describe the character and/or nature of uses of surrounding property. 4~~o~ 0 Will the re-zoned designation be compatible with the classification and use of adjoining lands? No H No, how do you propose to reduce any adverse impact? Is the tract unsuitable for uses permitted under the present zoning classification? es No If No, why are you requesting a change in the permitting uses? OVIINER/APPLICANT INFORANATIOMM: (i/ you are not the owner, a permisslon letter /rom fhe ownei Is requlred. If you are purchasing fhe property, a copy ol the conhectmaybe used fn Ileu o/s permisslon IetferOMLY IF fhe contiacf provldos Maf the purcbese Is contlnpent upon the appllcant success/ully obfalning e zoning change.) Applicant's Name: Applicant'sAddress: "2. -c (QQ P- 44~ ~-g2see Aa e-'s57-x ~-7c~-{~(7Phone: Si¢ O ~y•-7 i Properry Owner's Name: r9 v-,vn r°_ a -~a~- Imiv ✓,,-v_ ) Property Owner's Address: Phone: --z ~FS!5--q S-5 7 ~c~~~t~~~~~r~s~c~~~~~~sercc~c~~~c~r~snc~o~c~~a~~~~~~~ecc►nc~o~cc~~s~~cr~~c~cc~~~~~~[ccc~~~cr~~~~~~~~~~~ REQUIRED SUBMITTALS (check those ifems which are inciuded): &IoCpmpleted application signed by the ownerlapplicant If Pfanned Development requested, include also: RCopy of a deed with metes and bounds ❑ Four (4) copies of a preliminary site plan D Permission 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 ederai Laws will b mplied wi , wheth erein specifed or not. I certify that I am the owner of the above property or his duly autho iz agent. Signed: Address: Print Name: Phone Number: Date: Fax Number: SWORNTQ AND SUBSCRIBED BEFORE N6E this \ day of - , 2 ` FILED: ~ ; ~e~e JEANNA SCOTT =2 ~ Notary Public ° ;'.~STATE Of TEXAS My Comm. Exp. 01/26/2015 ~ ry Pu lic, ta e of Texas 12/06 50 WARRANTY DEED (with Vendor's Lien) 04538 THE STATE OF TEXAS ) ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR ) THAT I, RAY SPENCER, a/k/a LINNIE RAY SPENCER,. Individually and as Trustee of The Linnie Ray Spencer 1998 Revoeable Management "A" Trust (herein called "grantor"), of the County of Lamar, State of Texas, for and in consideration of the sum of Ten ($10.00) and more Dollars cash to me in,hand paid by PA12IS TRYNITY CHI2ISTIAN ACADEMY, INC., A Texas Corporation, receipt of which is hereby acknowledged; and One hundred twenty-five thousand and no/100 ($125,000.00) Dollars paid by GUARANTY BANK, Paris, Texas, for the grantee herein at its special instance and request, which sum of $125,000.00 is evidenced by vendor's lien note in the principal sum of $300,000.00 executed by grantee, payable to GUARANTY BANK as therein provided, secured - to the extent of $125,000.00 - by vendor's lien herein retained and additionally secured by deed of trust to Art Scharlach, Trustee, for the benefit of the holder of said note. The vendor's lien herein retained is hereby transferred and assigned to GUARANTY BANK, Paris, Texas, and it is subrogated to all the rights thereto as if it was the original grantor herein; have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto PARIS TRINITY CHRISTIAN ACADEMY, INC., A Texas Corporation (herein called "grantee"), of the County of Lamar, State of Texas, where its mailing address is 2060 19°i Street NW, Paris, Texas 75460, all that certain tract or parcel of land in Lamar County, Texas described as follows; SUBJECT TO the 50-foot access and utility easement along the West side of the property, as shown on the survey made by Richard Babb, Registered Public Surveyor, dated August 19, 1983: -1- RP 12 -W.. 51 7.iva A tract of 2.237 acres of land, more or less, within the corporate limits of the City of Paris, a part of the JOSEPH AMES SURVEY, Abst. No. 28, and beiiig the same property described in deed to the Linnie Ray Spencer 1998 Revocable Management "A" Trust dated October 23, 2000, of record in Book 1020, Page 240, Lamar County Real Property Records; more particularly described in Exhibit "A" attached hereto and made a part hereof for all necessary purposes; Save, Except and Less a tract of 0.58 acre of land sold and conveyed to Galen Yoder by deed dated March 12, 1993, of record in Book 345, Page 321, Lamar County Real Property Records; reference being made to all the above mentioned instruments and records for all necessary purposes. TO HAVE AND TO HOLD the within described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto PARIS TRINITY CHRISTIAN ACADEMY, INC., A Texas Corporation, its successors or assigns forever, and grantor herebybinds himself, his heirs, executors, administrators, personal representatives, successors and assigns, to Warrant and Forever Defend, all and singular the within described property and premises unto PARIS TRINITY CHRISTIAN ACADEMY, INC., A Texas Corporation, its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part tliereof. BUT IT IS EXFRESSLY AGREED and stipulated that the vendor's lien is retained as aforesaid against the within described property, premises and improvements until the above described note, and all interest thereon, are fully paid according to its face aild tenor, effect and reading, when this deed shall , become absolute. WITNESS this 4th day of June, 2002. ~ c A RAY S EN ER, a/Wa LINNIE RAY SPENCER, Individually and as Trustee of The Linnie Ray Spencer 1998 Revocakile Management "A" Trust C , -2- RP 120 5PAGE0297 52 s=- . ~..a :~::a THE STATE OF TEXAS COUNTY OF LAMAR THIS instrument was aclalowledged before me on the Wr- day of June, 2002, by RAY SPENCER, a/k/a Linnie Ray Spencer, in the capacities therein stated. (~l! 41e.0~0. Notary PubYic, State of Texas C RF C AFTER RECORDING RETURN TO: Paris Trinity Christian Academy, Inc. 2060 19"' Street NW, Paris, Texas 75460 -3- RP 1205pAG[0299 53 lt • , ~ y ,t e.-~, y . . . . ~04t S~35 I P . . TT' 1N.... O., • ' ~ 1 228.Q' 9I7VATPD wlthin the Corporsto Lix- I ' •lta or tha Clty or Par1op County of ; ( • ~ IAnar atd 9tato ot Tazan, A ptirL or thii Joeohh Anoa 9urv.y 129, •nA bainr a part I ' or -cb.$95 acre tr&ct of land oonvoyed Z ' 11. D. Folwln and uifo, Ifalnn J. EchoL • , by deod tilod Hovombor 10, 1902, jknd r._ oorclod in Yolti-to 650, Pnp• 010, or the ~ ~ Ldnar Cuuntr beod RocoMoi ancl be1nQ ' ' I , ~ G~ M ► . Lot 3 Cic Ul.ock z~ Y o(' tho rapl.c oC ld bl k oa oc •nd filod for rocord in oq- • vclope 251-0 or the plat recorde of n&td ' t-i ~y~~ • l i County arxi 5 tal.e, and ►,oina "rthor do-. ~ + ' scrlbod as followe t . Ciiy Block 323. 1 • I00 l_.OT 3. BaBinning ■t i ooncr.t• P,onu^.nt . ~ , for oornar, aase bainR the unet Esat.orlr Commorciol Soulhuat Corner of ■aid int asne ba_ th• nr 1n e t H t o I ' R o en or ho.et Cornor or a i ' p l cM traot or 1•nd oonvorod Itera Rricken by , t~ ~9 • ~S ~ q3, d.od r•corclnd ln Volama 562, Pjkro $71, ' o[ ■aid Dead Reoordn l ' J-'- Canc, rrolk ~ C) . ~Y--~ ~ D°' ~ IP~ TTi.noe, N 00 36, 31~).l~ teet, an irnn p nifor•aorn.rl f . Ttienor 9 99° 311 V a distaras of ' ' 9 V . . ?2 teotp an iron pin for oornerl S rg ~UQ • 'ilisncs 9 0° 29' E a dittsncs of 79 . . ►,48;4 c.et, an iron pin far oarnar ~ . rame being ln W• Eait Bound,ry Lins of . . FH- ItiithweY 791 ~ . ' Th•noe 3 79° 131 Ea dialeno• of ' . 96.8 feat :to a oonorsW ioonwmmnt ror ~ ' . . . oornorl • , j n~4~u►~ H 55° W 1 .]onj( the lbr.th 6ounderr Lin• or Loop 1t1Qhuay 286 A diat,ras of ~ ' ' 102 ( *eL, en iron pin Inr cornari ~ I . . I 71ionow N 0° 131 N a distano• oC 76,5 t sst to e post tor eorn.r, t,he liarthweat ' :ornor ot rnld,praokctl t.1-sot or land) i . ~1is►w~ ~ 79° 1,5' La distanae or 50A rs•t to Lh• pl•os of bejinning cnd oont4in- .nj 2.2)7 Rorw o[ lsnd, pora or Isoe. ' • COUAI7y . . , C , PORTIONS OF y S S ME,110: A Ervr OaU ~ R ~ ~ C'~' HEN REC ~~DC6 B X H I B I T "A" RP 1205?nG[0299 c o ro (.0 4-J o N ~ V E ~ ~ W c- -0 bD C: V L ~ Q 1 r. ~ 55 ~ . , ~ ) J ) S ~ 3 ~ . 56 x ro • ~ ~ ~ CY) V) O U E ~ N 3S 4~6L ~ V L * 4 to 1 t w 5 - - 57