09 - 3145 E. HOUSTON ZONING CHANGE FROM PUBLIC LANDS AND INSTITUTIONS TO SF-2Item No. 9
memorandum
TO: Mayor & Council
John Godwin, City Manager
FROM: Alan Efrussy, AICP, City Planning Manager
SUBJECT: CHANGE FROM PUBLIC LANDS AND INSTITUTIONS TO SINGLE -
FAMILY (SF -2) ZONING AT 3145 E. HOUSTON STREET
DATE: June 6, 2017
BACKGROUND: This request is to conduct a public hearing and take action regarding the
petition of John House for a change in zoning from Public Lands and Institutions (PLI) to a
Single — Family Dwelling District No. 2 (SF -2), on City Block 294, Lot 15, being located at 3145
E. Houston Street. The subject property is comprised on 0.4100 acres. The Planning & Zoning
Commission unanimously pproved this request at its regular June 5 meeting.
STATUS OF ISSUE: The city staff has determined the following:
(A) Existing Land Use: This subject property is essentially vacant.
(B) Proposed Land Use: The applicant is proposing to construct a single - family home on
subject site.
(C) Master Park, Recreation, and Open Spaces Master Plan: This property is within the two
mile radius of a community park; otherwise it is not impacted by this plan.
(D) The Future Land Use Plan (FLUP) Within The Comprehensive Plan: The FLUP
recommends Low — Density Residential Use (LDR) for this property, which is represented by
single — family homes.
(E) Additional Staff Comments:
The fire marshal has indicated that he does not have any fire, explosive or other fire department
concerns regarding this rezoning for a home use. The fire marshal also stated that the street
between 3125 E. Houston St. and this subject property is the property of the Paris Independent
School District. The south end of Aiken Drive is actually not a city street. It has most likely
never been dedicated as an access easement but is and meets the core definition of a fire
department access road.
The city engineer has stated that the existing ROW is 50' along Aikin Drive and Houston Street;
no additional thoroughfare ROW is needed. The city engineer also stated that a 5' (five foot)
utility easement is needed along the Houston Street frontage. The city engineer has further stated
that there is no floodplain on this subject property. She also stated that there are no manmade
and/or natural environmental constraints on this subject property, but in that regard provided this
statement: "Site grading shall not affect drainage of surrounding properties." There is a
significant drainage swale on the property to the north designed to handle local stormwater from
the school.
The public works director has stated that a utility easement will be needed along East Houston
and 32nd Street NE (on the street side of the property).
(F) Staff Comments Regarding This Recommendation: The city staff supports this rezoning
request for the following reasons:
(a) The property has been zoned PLI for many decades. Mr. House purchased this property
from the Calvary United Methodist Church in the early 1990's, and this property is
currently essentially vacant, and therefore is available for development.
(b) Mr. House is proposing to establish a single — family home on this site; that is compatible
with the Comprehensive Plan, will create a needed single family home, and will further
strengthen the existing SF -2 zoning and neighborhood, as well as the Future Land Use
Plan.
RECOMMENDATION: Approve a change in zoning from Public Lands and Institutions (PLI)
to a Single — Family Dwelling No. 2 (SF -2), on City Block 294, Lot 15, being located at 3145 E.
Houston Street.
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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 15, CITY
BLOCK 294, BEING LOCATED AT 3145 E. HOUSTON STREET, IN THE
CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM PUBLIC LANDS AND
INSTITUTIONS (PLI), TO A SINGLE- FAMILY DWELLING DISTRICT NO. 2
(SF -2); 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 15, on City Block 294,
being located at 3145 E. Houston Street, in the City of Paris, Lamar County, Texas, from
Public Lands and Institutions (PLI) to a Single- Family Dwelling District No. 2 (SF -2); and,
WHEREAS, on June 5, 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 June 12, 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 15, on City Block 294, being located at 3145 E. Houston Street, in the City of
Paris, Lamar County, Texas, from Public Lands and Institutions (PLI) to a Single- Family
Dwelling District No. 2 (SF -2).
DRAFT
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 12th day of June, 2017, by the City Council of the
City of Paris, in regular session, following notice and publication as required by law.
Steven J. Clifford, M.D., Mayor
ATTEST:
Janice Ellis, City Clerk
DRAFT
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney