14 - ZONING CHANGE AT 3117 FM 1497Item No. 14
memorandum
TO: Mayor & City Council
John Godwin, City Manager
FROM: Alan Efrussy, AICP, City Planning Manager
SUBJECT: CHANGE FROM AGRICULTURAL TO COMMERCIAL ZONING WITH A
SPECIFIC USE PERMIT (SELF— STORAGE/MINI WAREHOUSE) AT 3117 FM 1497
DATE: May 11, 2017
BACKGROUND: This request is to conduct a public hearing and take action regarding the
petition of Scott Baxley for a change in zoning from an Agricultural District to a Commercial
District with a Specific Use Permit (No. 52— Self— Storage/Mini Warehouses), on A 511 J King
Survey, Tract 2A. being located at 3117 FM 1497. This property is comprised of 1.844 acres,
and there is no flood plain on this subject property, and there appears to be no man —made or
natural environmental constraints on this property. At the May 1 Planning and Zoning
Commission meeting, no person spoke either in favor of or in opposition to this request. The
commission voted unanimously to recommend approval of this zoning request to the council.
STATUS OF ISSUE: The city staff finds the following: (A) Existing Land Use: There is an
existing structure on this property. (B) Proposed Land Use: The applicant desires to establish
climate—controlled storage units using the existing building on this property. (C) The Future
Land Use Plan (FLUP) within the Comprehensive Plan: The FLUP recommends Commercial use
for this property. (D) Staff Comments: The city engineer has stated that FM 1497 is a TxDOT
right of way, and that no dedication is anticipated. Both the city engineer and the public works
director state that a ten foot additional utility easement will be needed across FM 1497 frontage.
In addition to these dedications, there is an existing gravel lot, and the staff is evaluating the
status of said lot in relation to this SUP request. The fire marshal has discussed the potential
need for a sprinkler system, and proper distance of the fire hydrant to correctly serve this site.
These comments have been discussed with the applicant, and these components will be
addressed as part of the SUP conditions for this case. (E) Site Plan: The Zoning Ordinance
requires site plan submittal as part of a Specific Use Permit rezoning request. For vacant
property, a traditional site plan is required. However, on properties such as this, where an
existing building is intended to be used as part of the SUP request, the city requires photographs
and (where they exist) site layouts illustrating the existing structures to be used. The applicant
has submitted a site layout as well as photographs. The site plan is to be reviewed and approved
by the city staff. Of course, should this rezoning request be approved, the applicant will still be
required to address other zoning requirements for the C Zone, including parking, fire protection,
etc. Further, should the applicant add additional structure(s) on this site, an amended site plan
will be required, subject to the approval of city staff. These site plan requirements have been
discussed by the city planning manager with the applicant.
Staff Considerations Regarding this Proposed Zoning Request: The city staff supports this
rezoning request for the following reasons: (a) The Future Land Use Plan recommends
Commercial use for this subject property, which is compatible with this rezoning request. (b)
This proposed use will increase the commercial viability of this subject property, and (c) The
granting of this Special Use Permit, which is always site - specific in its nature and evaluation, is
compatible with the area relative to this site, since the FLUP also recommends Commercial use
adjacent to and south of this subject property and also farther south. Therefore, this property will
have Commercial land use recommended adjacent to its north and south, thereby implementing
the Commercial use recommended for this portion along the east side of FM 1497/S.E. 3' Street.
RECOMMENDATION: Approve a change in zoning from an Agricultural District to a
Commercial District with a Specific Use Permit (SUP) (No. 52— Self— Storage/Mini-
Warehouses), on A 511 J King Survey, Tract 2A, being located at 3117 FM 1497. Said required
Site Plan is a condition of approval, and shall be reviewed and approved by city staff.
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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 A 511 J KING
SURVEY, TRACT 2A, BEING LOCATED AT 3117 FM 1497, IN THE CITY OF
PARIS, LAMAR COUNTY, TEXAS, FROM AN AGRICULTURAL DISTRICT (A)
TO A COMMERCIAL DISTRICT (C) WITH A SPECIFIC USE PERMIT (SUP
#52) FOR SELF - STORAGE /MINI WAREHOUSES; 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 A 511 J King Survey,
Tract 2A, being located at 3117 FM 1497, in the City of Paris, Lamar County, Texas, from an
Agricultural District (A) to a Commercial District (C) with a Specific Use Permit (SUP # 52)
for Self- Storage /Mini Warehouses; and,
WHEREAS, on May 1, 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 May 22, 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 A 511 J King Survey, Tract 2A, being located at 3117 FM 1497, in the City of
Paris, Lamar County, Texas, from an Agricultural District (A) to a Commercial District (C)
with a Specific Use Permit (SUP # 52) for Self - Storage /Mini Warehouses, with the
following conditions:
• That a ten foot (10') additional utility easement will be needed across the FM
1497 frontage. In addition to these dedication considerations, there is an
existing gravel lot, and the city staff is currently in the process of evaluating
the status of said lot in relation to this SUP request.
• The Fire Marshal has discussed the potential need for a sprinkler system, and
proper distance of the fire hydrant to correctly serve this site; these
discussions are currently underway. These staff comments have already
been discussed with the applicant, and these components will be addressed
by staff as part of the SUP conditions for this zoning case.
• Said required Site Plan as per Zoning Ordinance No. 1710 is a condition of
approval and shall be reviewed and approved by the City of Paris staff.
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 22nd day of May 2017, by the City Council of the
City of Paris, in regular session, following notice and publication as required by law.
Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney