11-Zoning Change-2925 FM 79-Commercial-Light IndustrialItem No. 11
memorandum
TO: Mayor & City Council
John Godwin, City Manager
FROM: Alan Efrussy, AICP, Planning Manager
SUBJECT: ZONING CHANGE FROM A COMMERCIAL DISTRICT TO A LIGHT
INDUSTRIAL DISTRICT LOCATED AT 2925 FM 79.
DATE: April 4, 2017
BACKGROUND: An applicant recently met with the city staff and requested the opportunity to
develop a distillery. The purpose of this agenda item is to conduct a public hearing and take
action regarding the petition of Dale Freeman on behalf of Abraham Enns for a change in zoning
from a Commercial District (C) to a Light Industrial District (LI), for 4 acres on City Block 324,
Lot 19, being located at 2925 FM 79. Recently, after the city staff and the Planning and Zoning
Commission recommended approval, the City Council approved allowing distilleries as a
permitted use in the Light Industrial (LI) and Heavy Industrial (HI) Zoning Districts and to allow
distilleries in the Commercial and the General Retail (GR) Zoning Districts through the Specific
Use Permit (SUP) process. At the April 3, 2017, Planning and Zoning Commission public
hearing two people (Gary Waite and Robert Giberson) spoke in favor of, and no person spoke in
opposition to this request. The commission voted unanimously in favor of recommending
approval to the city council.
STATUS OF ISSUE: The city staff has determined the following:
(A) Existing Land Use: This subject property is vacant except for an existing structure.
(B) Proposed Land Use: The applicant proposes to develop a distillery business which will
include the use of the existing structure on site, as well as the addition of new structures.
(C) Proposed Zoning_ The applicant requests Light Industrial Zoning because, over time, he
intends to produce more than 6,000 gallons of a distilled product during a one —year period; the
LI and HI zones require no minimum and no maximum distilled product; however, the C and GR
zones require product of less than 6,000 gallons per year of distilled product, and require an
SUP.
(D) The Major Thoroughfare Plan (MTP): There are no issues or conflicts.
(E) The Parks, Recreation, and Open Spaces Master Plan: There are no issues or conflicts.
(F) The Future Land Use Plan (FLUP) within the Comprehensive Plan: This site is planned for a
combination of Commercial and Light Industrial.
(G) Additional Considerations Regarding the Staff Recommendation:
1. The city planning manager believes that a distillery is a good and new use in Paris, and will
add to the inventory and variety of the commercial and industrial land use base in Paris.
2. The applicant has indicated to staff that state and federal licenses are required for a distillery,
but that said licenses can only be applied for after the distillery applicant has zoning approved by
the subject municipality.
3. The city fire marshal stated that any hazardous materials used in the distillery will be
addressed, along with any other fire department concerns, as project development occurs.
4. The city engineer stated that we may need to acquire a utility easement at platting, and that
site specific easement needs will depend on development.
RECOMMENDATION: Approve a zoning change from a Commercial District to a Light
Industrial District on City Block 324, Lot 19, being located at 2925 FM 79.
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ORDINANCE NO. DRAFT
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 19, CITY
BLOCK 324, BEING LOCATED AT 2925 FM 79, IN THE CITY OF PARIS,
LAMAR COUNTY, TEXAS, FROM A COMMERCIAL DISTRICT (C) TO A
LIGHT INDUSTRIAL DISTRICT (LI); 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 19, City Block 324,
located at 2925 FM 79, in the City of Paris, Lamar County, Texas, from a Commercial
District (C) to a Light Industrial District (LI); 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 19, City Block 324, located at 2925 FM 79, in the City of Paris, Lamar County,
Texas, from a Commercial District (C) to a Light Industrial District (LI); and,
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 B. 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