2011-046 ORD REZONE LOT 1, CITY BLOCK A, TRINITY CHRISTIAN ACADEMY ADDITION CB 323ORDINANCE NO. 2011-046
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 6 ayes and 0 nays.
NOW, THEREFORE, BE IT ORDAIIVED 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).
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 6 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 the first and finkl readiAg~his the 24th day of October,
2011.
A.J
ATTEST:
~
ice Ellis, City Cler
APPROVED AS T FORM:
W. Kent McIly , ' Attorney
MEMORANDUM
TQ: Chairman and Members of the Planning and Zoning Commission
Honorable Mayor and Members of the City Council
FROM: Jeanna Scott, Planning and Development Department
SUBJECT: Zoning Change Requests
DATE: September 27, 2011
The following zoning change request will be presented at the October 3, 2011, meeting of
the Planning and Zoning Commission and the October 24, 2011, ineeting of the City Council of the
City of Paris for consideration:
Trinity Christian Academy is requesting that the property located on Lot 1, Block A,
Trinity Christian Academy Addition CB 323, being located at 2060 FM 79, be rezoned
from a Light Industrial District (LI) to a Commercial District (C). Trinity Christian
Acadenny 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 recommend approval
of the petition.
cc: Gene Anderson, Interim City Manager
VTY OF FARIS
COMRAl1NiTY DENELOPMEfNY DEPARYUbENT
P. O. Box 9037 u PaPes, 7ezas 75465 c 903-784-g234
For Office Use Only Reques4 kumber:
APPLIC';,TA~~ ~~WNG C HANGE 1Date Rcvd: ' • ~ ~ ~ Mtg Date:
7t'PE OF ACTION REQIJESTED: Zoning Change ❑
Specific Use Permit ❑ Planned Development
PR3C3PERTY IN9FOF26diAT60N:
Address: L O (yC ai °7 ~i r-B ~S ,
Name of Business or Building (if applicable): 11-j,16.-p`<-
LotBlockSubdivision Q
Current Zoning: Proposed Zoning
What is the proposed use of the properry? Ds 4 C,9 t-d
Describe the character and/or nature of uses of surrounding property. C'oy
-7S-A 6 0
A
-5 unoc C
L e °cj '5 .s1 a a 5
Will the re-zoned designation be compatible with the classification and use of adjoining lands? rssl/ No
If No, how do you propose to reduce any adverse impact?
Is the 4ract unsuitable for uses permitted under the present zoning classification? es fVo
If No, why are you requesting a change in the permitting uses?
O0A9NEF8/APPLICANY INEORMATION: (u you e.e not the owner, a perm/sslon /etter Irom the owner Is reQulred. 1I you rre purMesing the pioperty, a copy ot
the confrecf maybe usedln lleu o/a permisslon IefterOkLYlF the controctprovldes thaf the purcheso /s conf/nQent upon the eppllcent success/ulty obtalnlnp a zoning
chanpe.)
Applicant's Name:
ApplicanYsAddress: ~O (o(~ F_ M=ag~qbd -Mt 1Jar-cST4,7~~~Phone: Cf p ~y-- 7 V) -s-j 7
Property Owner's Name:
Property Owner's Address: Cii a kyl e-- ~go ) Phone: f, S 5-q S-5 7
ccao~cnoecc~c~~ccecoe~cccc~re~~accccca:caoeoceeon~eeececceeneocccccnccneceec~rccce[eeco~;~cr~ocnocaec~e
RE~UORED SUB~6ITTALS (check those items which are inciuded
~~~,~ompleted application signed by the ownerlapplicant If p6awnecB Develop~aecst requested, include also:
0`Copy of a deed with metes and bounds ❑ Four (4) copies o9 a preliminary site plan
❑ 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 ali provisions of local,
State, and ederal Laws will E mplied wi , wheth erein specified or no4. I certify that I am the owner of the above property or his
duly autho iz agent.
Signed: Address:
Prin4 Name: Phone fVumber:
Date: Fax fVumber:
S~-
SWOEdN TO AFlD SUBSCRIBED BEFORE ME this ~ day of`-~~~~,~
1
FILED
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AAtNA Si nr-r
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ry Pu61ic, Stale of Texas
12/O6
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WARRANTY DEED ~~O&
(with Vendor's Lien) 7
"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 Revocable 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
Dollai•s cash to me in,hand paid by PAItIS TRIIVITY CHRISTIAN 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" 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:
RP 1205mct02 96
7 +i V o
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 being 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 tfiereof.
BUT IT IS EXPRESSLY 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.
RAY S EN ER, a/k/a LINNIE RAY
SPENCER, Individually and as Trustee of
_ :
The Linnie Ray Spencer 1998 Revocable
Management "A" Trust c-.,
-2-
RP 1205 PacE 0 29 7
r`wa
~
THE STATE OF TEXAS )
)
COUNTY OF LAMAR )
THIS instruinent was acla7owledged before me on the ~ day of June, 2002, by RAY
SPENCER, a/k/a Linnie Ray Spencer, in the capacities therein stated.
i~~✓~,,..- ~1' ~,e.~?/~c?./~-2~
Not Prya ub i~c State of Texas
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AFTER RECORDING RETURN TO:
Paris Trinity Christian Academy, Inc.
2060 19"' Street NW, Paris, Texas 75460
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f 9ITUATED vithin thn Corporete L1sa-
I ~ I• •1t.a of tho City or pat-!n, County or
:
Latur ttd 9tato or Tozao, ik pYrL or ths
1 ~ Joscph Ilnoa 9urvey 123i and bslnc s part
or -t' h.595 ecTe tract or land aonvoyed
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