11 - ZONING CHANGE AT 3380 NE LOOP 286Item No. 11
memorandum
TO: Mayor & City Council
John Godwin, City Manager
FROM: Alan Efrussy, AICP, Planning Manager
SUBJECT: ZONING CHANGE FROM A COMMERCIAL DISTRICT (C) AND A
SINGLE — FAMILY DWELLING DISTRICT NO. 2 (SF -2) TO A COMMERCIAL
DISTRICT (C) WITH A SPECIFIC USE PERMIT (NO. 55— SELF— STORAGE/MINI
WAREHOUSE) LOCATED AT 3380 N.E. LOOP 286.
DATE: June 7, 2016
BACKGROUND: This application is for a public hearing to consider the petition of Franz
Thiessen on behalf of Lee Larue Trustee Estate of Billy Larue for a change in zoning from a
Commercial District (C) and a Single — Family Dwelling District No. 2 (SF -2) to a Commercial
District (C) with a Specific Use Permit (SUP) (No. 55— Self— Storage/Mini Warehouse), on Lot
10, of City Block 316, being located at 3380 N.E. Loop 286. At the June 6, 2016 Planning and
Zoning Commission meeting the commission unanimously recommended that the City Council
approve this rezoning request, conditioned upon all the staff recommendations for conditions
regarding the required submitted Site Plan. The applicant Mr. Thiessen spoke in favor of this
rezoning request, one person asked a question that staff answered, and no one else spoke either in
favor of or in opposition to this request.
STATUS OF ISSUE: The city staff has determined the following:
(A) Existing Land Use: The property is essentially vacant, with several small structures, and an
existing, vacant building facing NE Loop 286. The property is comprised of 9.4 acres, contains
no flood plain, and there is a sanitary sewer line extending approximately through the middle of
the property in a north/south direction.
(B) Existing Zoning of the Subject Propert y The property is comprised of two zoning districts:
slightly more acreage is zoned Commercial (C) and fronts on NE Loop 286; the remainder is
located behind and to the west of this C zone, and is presently zoned Single - Family Dwelling
District No. 2 (SF -2).
(C) Proposed Use of the Subject Property: The applicant is proposing to develop the property
with self — storage /mini warehouses and a fitness gym.
(D) Proposed Zoning of the Subject Property: The proposed zoning on the subject property is to
a Commercial District (C) with a Specific Use Permit for Self— Storage/Mini Warehouse, SUP
No. 55. This use is only allowed through approval of an SUP in the Commercial Zoning District
in Paris. The fitness gym is already allowed in the C zone.
(E) The Future Land Use Plan (FLUP) within the Comprehensive Plan: The Future Land Use
Plan recommends Retail (R) uses for the entire 9.4 acres of this subject property. The future
Land Use Plan Map Legend Explanations for Retail Land Use states: "Retail land uses are
intended to provide for a variety of retail trade, personal, and business services and
establishments..." and "As such, retail land uses have been designated in the higher traffic areas
and at major intersections."
(F) The Parks Recreation and Open Space Master Plan: The maps in this plan depict the
Existing Parks and Open Space, the Trail and Sidewalk Map, and the Future Parks and Open
Spaces, and none of these graphics are impacted by this rezoning request.
(G) The Major Thoroughfare Plan (MTP): The eastern boundary of the property fronts on Loop
286, and access to uses on this site will be obtained from ingress /egress at this location.
(H) Additional Considerations Regarding the Staff Evaluation and Recommendation:
(a) The subject property has not been platted. As part of the platting process, setbacks and
easements, and right —of - -way as required will be reflected on plats.
(b) The city engineer has recommended that the applicant coordinate this proposed project
with representatives of TXDOT, and this has been communicated to the applicant, and he
has agreed to this TXDOT coordination.
(c) Staff is supportive of this request since:
(1) There appears to be a market for mini — warehouses in Paris, based on development
inquiries staff has received over the past several years.
(2) Staff believes this is an appropriate location for mini — warehouses, and that they will
provide a supportive use for residents as well as certain businesses within Paris and
the region.
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(3) The FLUP recommends Retail use for all of this property and the existing
Commercial zoning on the site, and the proposed self — storage /mini warehouse uses
are compatible with the Commercial zoning district.
(4) The proposed SF -2 (One — Family Dwelling District) that presently exists on the
western portion of the subject property is less compatible with appropriate and
standard land use design and compatibility than the proposed use: the existing SF-
2, if developed, would have a single — family neighborhood bounded on three sides
(west, north, and east) by a Commercial (C) zoning district; the proposed zoning,
however, would logically extend the existing C zoning on the eastern portion of the
property until it connected with the existing C zone west and north of the subject
western portion of the property. This land use logic is reflected on the FLUP map
which extends the proposed Retail land use along this corridor as described. (These
illustrative land use comments can, of course, be visually observed on the Zoning
District and Future Land Use Maps for the subject property.)
(d) The Zoning Ordinance requires that a Specific Use Permit applicant shall submit a Site
Plan as part of the zoning approval process. In that regard, staff has reviewed the
Preliminary Site Plan as submitted and while the staff supports this rezoning request, we
also do so in conjunction with the following conditions; all of these conditions have been
discussed with Mr. Thiessen, the applicant, and he has agreed to each of them, and based
on staffs request, Mr. Thiessen will have these reflected on the Final Site Plan; currently
a Preliminary Site Plan has been submitted as part of this rezoning request.
(1) Illustrate a vegetative buffer, subject to staff approval, extending the entire length of
the southern boundary of the subject property, and provide this vegetative screen as
close as feasible to the contiguous SF -2 Zoning District that abuts the subject sites
southern boundary; this vegetative area shall buffer the entire length of said SF -2
Zoning District boundary.
(2) Per the city engineer, the proposed six (6 ") water line that extends nearly the entire
length of the north property boundary is to be constructed, as feasible, as a loop
line; the establishment of loop is to be directed and approved by the city engineer.
(3) Per the fire marshal, locate the proposed fire hydrant as illustrated on the
Preliminary Site Plan near the north property line further west along this boundary,
as per the direction and approval of the fire marshal.
(4) Per the city engineer, the applicant submit the Final Site Plan to TXDOT for their
review and comment.
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(5) All lighting generated by the property development shall not extend beyond the
subject property boundary lines, and subject to city staff approval.
RECOMMENDATION: The City Council approve a change in zoning from a Commercial
District (C) and a Single — Family Dwelling District No.2 (SF -2) to a Commercial District (C)
with a Specific Use Permit (No. 55— Self— Storage/Mini Warehouse), on Lot 10, of City Block
316, being located at 3380 N.E. Loop 286, with the Final Site Plan and with the conditions as
stated herein.
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DRAFT
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 LOT 10, CITY
BLOCK 316, BEING LOCATED AT 3380 N.E. LOOP 286, IN THE CITY OF
PARIS, LAMAR COUNTY, TEXAS, FROM A COMMERCIAL DISTRICT (C)
AND A SINGLE- FAMILY DWELLING DISTRICT NO. 2 (SF -2) TO A
COMMERCIAL DISTRICT (C); ADDING A SPECIFIC USE PERMIT (55) FOR
A SELF- STORAGE /MINI WAREHOUSE TO THE EXISTING PROPERTY;
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 and Zoning Commission received a request for an
amendment to the 'Zoning Ordinance of the City of Paris to rezone Lot 10, of City Block 316,
being located at 3380 N.E. Loop 286, in the City of Paris, Lamar County, Texas, from a
Commercial District (C) and a Single - Family Dwelling District No. 2 (SF -2) to a Commercial
District (C), with a Specific Use Permit (55) for a Self - Storage /Mini Warehouse; and
WHEREAS, on June 6, 2016, 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 June 13, 2016, 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 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 10, of City Block 316, being located at 3380 N.E. Loop 286, in the City of Paris,
Lamar County, Texas, from a Commercial District (C) and a Single - Family Dwelling
District -2 (SF -2) to a. Commercial District (C), with a Specific Use Permit (55) for a Self -
Storage /Mini Warehouse, with the following conditions:
The entire length of the southern boundary of subject property that abuts the
existing SF -2 Zoning District boundary shall be visually buffered with landscaping
material.
2. The six inch (6 ") water line extending along the north property boundary, as
feasible, shall be constructed as a loop line.
3. Locate the fire hydrant near the north property line further west along the
boundary, as currently illustrated on the Preliminary Site Plan.
4. Submit the Final Site Plan to TXDOT for their review and comment.
5. All lighting shall not extend beyond the property boundary lines.
All five conditions shall be implemented per the direction and approval of the City of Paris
staff.
Section 3. A Final Site Plan shall be submitted with said conditions illustrated on
same, as stated in Section 2 herein. A copy of the Preliminary site Plan is attached hereto as
Exhibit A and incorporated herein by reference.
Section 4. 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 5. 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 6. 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 7. 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 8. 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.
PASSED AND ADOPTED on this the 13th day of June, 2016, by the City Council of the
City of Paris in regular session, following notice and publication as required by law.
A.J. Hashmi, M.D.,Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
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