10-Zoning Change-443 S.W. 1st-Central Area District-CA with Specific Permit-Car LotItem No. 10
memorandum
TO: Mayor & City Council
John Godwin, City Manager
FROM: Alan Efrussy, AICP, Planning Manager
SUBJECT: ZONING CHANGE FROM A CENTRAL AREA DISTRICT TO A CENTRAL
AREA DISTRICT WITH A SPRCIFIC USE PERMIT (No. 50 —FOR NEW OR USED
CAR LOT (OPEN)) AT 443 S.W. 1sT STREET.
DATE: April 4, 2017
BACKGROUND: This application is for a public hearing to consider the petition of Pamela
Harris for a change in zoning from a Central Area District (CA) to a Central Area District (CA)
with a Specific Use Permit (No. 50—New or Used Car (Open) Lot), on City Block 178, Lot Part
10 and 11, being located at 443 S.W. ls' Street. At the March 6, 2017 Planning and Zoning
Commission meeting, a preliminary motion was made to approve this zoning request, but
limiting the approval of this SUP for a period of five (5) years. The applicant agreed to this
time —frame. A new motion was then made to table this item so the city attorney could confirm
the legality of limiting a time frame for a SUP. Since that commission meeting, the city attorney
has confirmed that it is legal to place a time limit on SUP approvals. At the April 3, 2017 public
hearing, two members of the commission (Holland Harper and Robert Spain) spoke in opposition
to this request. The commission voted 5 -2 in favor of recommending approval to the city council
with the condition that this SUP be limited to a period of five (5) years with the opportunity to
request additional time through the Specific Use Permit approval process. No members of the
public spoke either in favor of or in opposition to this request.
STATUS OF ISSUE: (A) Existing Land Use: This property is comprised of 0.1865 acres. The
property presently contains a small functioning office building entitled Lone Star Bail Bonds.
There is no flood plain on this property and no apparent other environmental constraints. (B)
Proposed Land Use for the Subject Property: The applicant intends to use this property for
automobile sales, as well as continue the existing bail bond business. (C) The Major
Thoroughfare Plan (MTP) and (D) The Parks, Recreation, and Open Spaces Master Plans: There
are no issues or conflicts with either of these plans. (E) The Future Land Use Plan (FLUP)
within the Comprehensive Plan: The Future Land Use Plan recommends Office (0) use for this
subject property.
(F) Additional Considerations Regarding the Staff Recommendation:
1. The city engineer has stated that this subject lot is small and cars shall not be parked within
the right —of - -way (ROW) where they could block visibility on Sherman Street. At a minimum, if
this zoning request is approved, then the owner should identify the property line with an
identifiable perimeter line or a curb to keep parked cars off the ROW. Gravel is on the site but it
is no longer allowed. 2. The fire marshal stated that he has no issue with this requested zoning
change but he did state, however, that he had concerns about access and site distance
considerations with the addition of auto sales on this subject property lot. 3. The public works
director and the city engineer have determined that there is a sewer line located at an adjacent
property, which does not affect this zoning case. 4. For the March 6, 2017 Planning and Zoning
Commission meeting, the city planning manager determined that there are factors that can argue
for both approval or disapproval of this rezoning request. However, after careful deliberation,
the Planning and Zoning Commission decided to recommend approval of this SUP, with a five
(5) year time limit, but tabled this item for further clarification from the city attorney regarding
time —frames that can be applied to an SUP. The staff concurs with the commission's decision to
approve with a time —limit condition.
In this current rezoning request, the SUP is specifically for approval of an open car lot, and
therefore the request involves land area on the site itself, in contrast to the existing bail bond
office structure already on site; therefore the staff did not require a typical site plan. In that
regard, the city staff has instead requested that the applicant provide the following basic
information, in the site plan context, to further enable evaluation of this rezoning request: (a) the
location of where the cars to be sold will be parked, and in relation to parking for the remaining
bail bond business; (b) identify the number of parking spaces (with the correct dimension of said
spaces); (c) show access for the parking of all vehicles; and (d), items (a) (b) and (c) above
should be illustrated in relation to the property line. The applicant has addressed these
components and the city staff has evaluated these items.
RECOMMENDATION: Approve a change in zoning from Central Area District (CA) to a
Central Area District with a Specific Use Permit (No. 50—New or Used Car Lot, Open) on Lot
Part of 10 & 11, City Block 178, being located at 443 S.W. 1St Street, with the condition that this
SUP be limited to a period of five (5) years with the opportunity to request additional time
through the Specific Use Permit approval process.
2
I L is, _
ti
w
'W
ui
kv
ld
it
t
w
4 j
�w.
ww
:F x ? 7
"t
i ' x
I a
CD
AM
SW
E zfz 91 `i4 rwa�
e+ Y
�' _ is : rL Ndsrw�
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 PART 10
AND 11, CITY BLOCK 178, BEING LOCATED AT 443 S.W. 1ST STREET, IN
THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A CENTRAL AREA
DISTRICT (CA), TO A CENTRAL AREA DISTRICT (CA) WITH A SPECIFIC
USE PERMIT (50) NEW OR USED CAR (OPEN) LOT; 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 of the City of Paris to rezone Lot Part 10 and 11, on
City Block 178, being located at 443 S.W. 1St Street, in the City of Paris, Lamar County,
Texas, from a Central Area District (CA) to a Central Area District (CA) with a Specific Use
Permit (50) New or Used Car (Open) Lot; and,
WHEREAS, on April 3, 2017, 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 April 10, 2017, 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 Part 10 and 11, City Block 178, being located at 443 S.W. 1St Street, in the City
of Paris, Lamar County, Texas, from Central Area District (CA) to a Central Area District
(CA), with a Specific Use Permit (50) New or Used Car (Open) Lot.
FI;T I
Section 3. That this Specific Use Permit is approved with the following stated
conditions, and each shall be approved by the City of Paris city engineer, and other
appropriate staff as determined by the city engineer:
(a) the location of where the cars to be sold will be parked, and in relation to
parking for the remaining bail bond business;
(b) identify the number of parking spaces (with the correct dimensions of said
spaces);
(c) show access for the parking of all vehicles; and
(d) (a) (b) and (c) above shall be illustrated in relation to the property line.
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.
Section 9. This ordinance shall become effective from and after its passage and
publication as required by law.
PASSED AND ADOPTED on this 10th day of April, 2017, 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
FRINEMW