11 - ZONING CHANGE LOCATED AT 2785 HUBBARD STREETItem No. 11
memorandum
TO: Mayor & City Council
John Godwin, City Manager
FROM: Alan Efrussy, AICP, Planning Manager
SUBJECT: ZONING CHANGE FROM A SINGLE — FAMILY DWELLING DISTRICT
NO. 2 (SF -2) TO A GENERAL RETAIL DISTRICT (GR) LOCATED AT 2785
HUBBARD STREET.
DATE: July 6, 2016
BACKGROUND: This application is for a public hearing to consider the petition of Mary Lou
Coe for a change in zoning from Single — Family Dwelling District No. 2 (SF -2) to a General
Retail District (GR) on Lot 11, of Block D of the Tanglewood Addition, being located at 2785
Hubbard Street. At the July 5, 2016 public hearing held by the Planning and Zoning
Commission, five persons spoke in opposition to this zoning request and no one spoke in favor.
Also, citizens submitted a petition against this rezoning request. A copy of same is enclosed
herein. Since the commission unanimously recommended denial of this request, it will require a
three — quarter (3/4) majority vote of the full City Council to approve the rezoning of the property.
STATUS OF ISSUE: The city staff has determined the following:
(A) Existing Land Use: The subject property is currently improved with an existing single —
family home.
(B) Existing Zoning of the Subject Property: The subject property is currently zoned Single —
Family Dwelling District No. 2 (SF -2).
(C) Proposed Land Use for the Subject Property: The applicant is proposing to use a portion of
the north part of the property for additional parking for the existing restaurant that is located
just north of and adjacent to this subject property. The existing/single — family home that is on
the subject property is intended to remain as its current use as an occupied single — family
residence.
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(D) Proposed Zoning of the Subject Property The applicant is proposing to zone the property to
the General Retail District (GR).
(E) The Future Land Use Plan (FLUP) within the Comprehensive Plan: The Future Land Use
Plan recommends that this subject property be developed as Low — Density Residential (LDR)
use, and the FLUP text states that "this use is representative of traditional, single — family
detached dwelling units." Property adjacent to the west of this subject property, and south,
east, and southeast is also recommended on the FLUP as LDR use. Property adjacent to the
north of the subject property is recommended for Retail use; property northeast is
recommended for High Density Residential (HDR). The HDR use is "traditional apartment —
type units in attached living complexes (that) characterize high density residential land use."
(F) The Parks, Recreation, and Open Space Master Plan: The Existing Parks And Open Space
map indicates that this subject property is within the Neighborhood Parks '/4 mile Service
Radius for Wade Park.
The Trails and Sidewalk Plan Map does not indicate that the sidewalk along the subject
property is designated as part of the City Sidewalks program (however, the Sidewalk Plan
regarding Hubbard Street does indicate this plan extending west from 24th Street S.E. to 17th
Street S.E.)
The Future Parks and Open Spaces Plan map continues to indicate Wade Park as a
Neighborhood Park and this map also indicates Wade Park as planned to be one of the city's
Renovated Parks.
(G) The Major Thoroughfare Plan: This plan indicates that Collegiate Drive is designated as an
Arterial Roadway; Hubbard Street is a Local Street.
(H) There are several options that can be considered regarding this rezoning request:
Option 1. Recommend approval of this rezoning request.
(a) This would allow expansion of the parking lot for this existing restaurant, and thereby
potentially increase its business.
(b) Approval of this request will reflect the three elements that comprise Spot Zoning, which
is an inappropriate city planning action: (1) A small parcel of land is singled out for
special and privileged treatment; (2) the singling out is not in the public interest but only
for the benefit of the land owner; and (3) the action is not in accord with the
comprehensive plan.
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(c) The applicant states that she wishes to rezone this property to increase the parking
availability for the existing restaurant. However, the entire lot comprising 2785 Hubbard
Street is requested for rezoning. While the following scenario may not occur, nonetheless
if rezoned, the entire lot could be legally developed for any General Retail (GR) use
(presuming size, setbacks, and environmental considerations are met). For example, some
permitted GR uses include: tire retreading and capping; new auto accessory and parts
sales store; restaurant with and without drive —in service; and retail stores and shops
offering goods for sale. These (and other GR permitted uses) would be intrusive into the
existing single — family residential neighborhood.
Option 2. Recommend denial of this rezoning request.
(a) The city staff recommends this option for the reasons that follow.
(b) The existing zoning within this subject property's environs indicates a single — family
(SF -2) corridor extending east and west of South Collegiate Drive, along Hubbard Street.
The Future Land Use Plan map (FLUP) also recommends Low Density Residential
(LDR) single — family uses along this same corridor. The existing General Retail Zoning
District indicated above and adjacent to the single — family lots at the northeast corner of
South Collegiate Drive and Hubbard Street remain the same configuration on the FLUP
(shown as Retail); therefore, both the existing zoning and future land use
recommendations do not show extension of the retail use as proposed by this rezoning
request.
(c) Although separated by Hubbard Street and Collegiate Street, the lots on the south,
southeast, southwest, east, and west sides of this subject property have single — family
homes located upon them; the lot immediately west and adjacent to the subject property
is also an existing single — family home. These facts further reinforce the existing single —
family characterization and stability within the immediately surrounding area of this
subject property.
(d) Although perhaps unlikely, by rezoning this property to General Retail (GR), future
requests to change the use of the adjacent and/or nearby single — family homes and/or lots
into retail uses could occur. (This situation has occurred in parts of the U.S., causing
displacement and disruption of once stable residential populations.) Rezoning to GR at
this time would weaken the argument to avoid or stop the "sprawl" of future GR uses into
this subject area and neighborhood.
(e) Approval represents Spot Zoning.
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(f) The city staff has not been submitted a Site Plan or Site Layout drawing that would
indicate if it is legally feasible to construct the proposed parking lot, based on width
requirements regarding ingress /egress or onsite maneuvering of vehicles in terms of
driveway approach design and possibly other potential parking lot design considerations.
RECOMMENDATION: Deny a change of zoning from a Single — Family Dwelling District No. 2
(SF -2) to a General Retail District (GR) on Lot 11, of Block D of the Tanglewood Addition,
being located at 2785 Hubbard Street.
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7/1/2016
To: Planning and Zoning Commission and Paris City Council
From: Concerned Citizens
Subject: Change in zoning at 2785 Hubbard Street from residential to retail
We, the residents of this neighborhood, ask that you deny the request for a change in zoning
for the property located at 2785 Hubbard Street from residential to retail. A change in zoning
vvnuid create increased traffic in our neighborhood. It is difficult now tnexit from Hubbard
Street to Collegiate, especially during the school year, and adding a business would make it
more difficult.
There is insufficient parking for a business tobe conducted at this location. Itb difficult now to
turn from Collegiate onto Hubbard when cars are parked in front of 2785 Hubbard.
We are trying to retain Tangle Wood Addition as a quiet and safe environment for our families.
Once the door is opened to allow businesses into a residential neighborhood, property values
Qo down and a sense nf neighborhood disappears. Please do not grant this request for azoning
change.
Respectfully submitted:
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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 11, CITY
BLOCK D OF THE TANGLEWOOD ADDITION, BEING LOCATED AT 2785
HUBBARD STREET, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS,
FROM A SINGLE - FAMILY DWELLING DISTRICT NO.2 (SF -2) TO A
GENERAL RETAIL DISTRICT (GR); 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 11, City Block D of
the Tanglewood Addition, being located at 2785 Hubbard Street, in the City of Paris, Lamar
County, Texas, from a Single - Family Dwelling District (SF -2) to a General Retail District
(GR); and
WHEREAS, on July 5, 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 deny said proposed zoning change, thereby requiring a three - quarter
(3/4) majority vote of the full City Council to approve the rezoning of the property; and,
WHEREAS, on July 11, 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 11, City Block D of the Tanglewood Addition, being located in the 2785
Hubbard Street, in the City of Paris, Lamar County, Texas, from a Single- Family Dwelling
District No.2 (SF -2) to a General Retail District (GR).
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. This ordinance shall become effective from and after its passage and
publication as required by law.
PASSED AND ADOPTED on this 11th day of July, 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