10 - 98 PINE BLUFF ZONING CHANGEItem No. 10
memorandum
TO: Mayor & Council
John Godwin, City Manager
FROM: Alan Efrussy, AICP, City Planning Manager
SUBJECT: CHANGE FROM CENTRAL AREA TO CENTRAL AREA ZONING WITH A
SPECIFIC USE PERMIT (AUTO DETAILING SHOP), AT 98 PINE BLUFF STREET.
DATE: June 6, 2017
BACKGROUND: This request is to conduct a public hearing and take action regarding the
petition of Ben Faber for a change in zoning from a Central Area District (CA) to a Central Area
District (CA) with a Specific Use Permit (Automobile Detailing Shop), on City Block 40, Lot 1-
A, being located at 98 Pine Bluff Street. This subject property is composed of 0.2430 acres. The
Planning & Zoning Commission unanimously Uproved this request at its regular June 5
meeting.
STATUS OF ISSUE: The city staff finds the following:
(A) General: Recently based on the request of a potential applicant, the city staff and the
Planning and Zoning Commission recommended, and the City Council approved, an
"Automobile Detailing Shop" definition, and that said use shall be permitted in the Commercial
(C) and Light Industrial (LI) Zoning Districts. Further, and during said public hearing process,
the commission requested that staff prepare a hearing that addresses allowing "Automobile
Detailing Shop" through the Specific Use Permit (SUP) process in the Central Area Zone. This
agenda memorandum therefore addresses a particular request of a certain site within the CA
Zone.
(B) Existing Land Use: This subject property includes an existing building, which the applicant
wishes to use for his auto detailing business.
(C) Proposed Land Use: The applicant desires to establish an automobile detailing shop.
(D) Master Park, Recreation, and Open Spaces Master Plan: Pine Bluff is part of the Sidewalks
Plan; this property is within a Pocket Park area; it is also within a Neighborhood Park area.
(E) The Future Land Use Plan (FLUP) Within the Comprehensive Plan: The FLUP indicates
this property is within the Central Area land use. However, approximately one -half block north
of this property, and across Pine Bluff, Retail use is recommended north and northwest;
Commercial is recommended to the northeast.
(F) Additional Staff Comments:
The fire marshal has stated that he has no issues regarding fire, explosives, etc.
The city engineer stated that there is a need for a 5' (five foot) ROW dedication on Pine Bluff
and 1St Street NE, but that there is not a need for a utility ROW. She stated that there is no
floodplain on the subject property, and that there are no other manmade and/or natural
environmental constraints on the subject property.
(G) Site Plan: Since there is an existing structure on site that will be used if this rezoning is
granted, site plan information will consist of photographs of the existing structure and property,
in addition to other staff requirements during the actual development process.
(H) Staff Comments Regarding This Recommendation: The city staff supports this rezoning
request for the following reasons:
(a) The subject property is close to the Main Street corridor extending north from the N.
Main/Pine Bluff /Graham intersection; the N. Main corridor is characterized by a variety
of motor vehicle uses, a number of which are outside, and more intensive in land use,
than this proposed auto detail shop which will be enclosed;
(b) Currently, across Pine Bluff, and to the north of the subject property, approximately
one —half block north of Pine Bluff, is a Commercial (C) Zoning District corridor
extending north, northwest, and northeast of this subject property;
(c) The Future Land Use Plan (FLUP) does continue to recommend a CA use for this
subject property; however, the FLUP also recommends Retail land use approximately
one —half block north of the subject property, and recommends Commercial use
approximately one -half block to the northeast;
(d) An automobile detailing shop will add an additional automobile— oriented use in Paris,
and therefore create a new use in an otherwise vacant building;
(e) The proposed use is at the periphery of the CA Zone, very near to existing commercial
and retail uses, and staff believes that this proposed use will not have a negative effect on
the existing or future functioning of the city's historical central area; and
RECOMMENDATION: Approve a change in zoning from a Central Area District (CA) to a
Central Area District (CA) with a Specific Use Permit (Automobile Detailing Shop), on City
Block 40, Lot 1 —A, located at 98 Pine Bluff Street.
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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 1 -A, CITY
BLOCK 40, BEING LOCATED AT 98 PINE BLUFF 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
(SUP) FOR AN AUTOMOBILE DETAILING SHOP; 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 1 -A, City Block 40,
being located at 98 Pine Bluff 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 (SUP)
for an Automobile Detailing Shop; 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 1 -A, City Block 40, being located at 98 Pine Bluff 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 (SUP) for an Automobile Detailing Shop.
Section 3. That the Specific Use Permit process requires a Site Plan, and said Site
Plan is a condition of approval, and shall be reviewed and approved by the City of Paris
staff.
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 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
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney