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
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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
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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
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