11 - ZONING CHANGE ON NORTHWEST SIDE OF FM 195Item No. 11
memorandum
TO: Mayor & City Council
John Godwin, City Manager
FROM: Alan Efrussy, AICP, City Planning Manager
SUBJECT: CHANGE FROM AGRICULTURAL TO ONE — FAMILY DWELLING
DISTRICT (SF -2) ON THE NORTHWEST SIDE OF FM 195
DATE: August 8, 2017
BACKGROUND: This request is to conduct a public hearing and take action regarding the
petition of the City of Paris for a change in zoning from an Agricultural District (A) to a Single —
Family Dwelling District (SF -2), for the Hills Subdivision within the city limits to the northwest
side of FM 195. The acreage of this property is approximately 53 to 54 acres. There is no flood
plain on this subject property. At the August 7t' Planning and Zoning Commission meeting, no
one spoke either in favor of or in opposition to this request. The commission voted unanimously
to approve this rezoning request.
STATUS OF ISSUE: The fundamental issue regarding this zoning case is to rezone this
subdivision from Agricultural (A) to Single — Family Dwelling District (SF -2). This rezoning
should have occurred at the time of development, but was inadvertently overlooked; this
subdivision was platted and recorded between 2000 and 2004. This development has already
been fully platted in four phases known as The Hills Subdivision, Phases I, II, III, and IV. The
city engineer has indicated that no additional street/thoroughfare right —of - -way and no additional
utility right —of - -way is required.
It is important to rezone this property for the following reasons:
1. Zoning should be in conformance with the Future Land Use Plan (FLUP) of the
Comprehensive Plan for this subdivision. The FLUP is identified as Low— Density
Residential (LDR) for this entire subdivision; LDR is consistent with single — family
detached dwelling units, which is the type of residential land use that characterizes all of
the Hills Subdivision.
2. Approximately 40% to 50% of lots within this subdivision are currently built upon.
Although this is an unlikely scenario, it is possible for the developer to establish
agricultural— oriented uses, as well as other uses that may be permitted in the Agricultural
District on this subject property, since this property is currently all zoned Agricultural.
The Agricultural zoning is currently legal, and again although unlikely, it is still legally
possible for the developer to create agricultural uses upon the remainder of this property,
which would arguably undermine the design and integrity of the existing single — family
structures that exist within this subdivision.
RECOMMENDATION: Approve the rezoning of the Hills Subdivision, Phases I through IV,
from the Agricultural (A) to the Single — Family District (SF -2) Zoning District, located within
the city limits to the northwest side of FM 195.
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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 THE HILLS
SUBDIVISION WITHIN THE CITY LIMITS, BEING LOCATED ON THE
NORTHWEST SIDE OF FM 195, IN THE CITY OF PARIS, LAMAR COUNTY,
TEXAS, FROM AN AGRICULTURAL DISTRICT (A) TO A SINGLE - FAMILY
DWELLING DISTRICT (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 and Zoning Commission received a request for an
amendment to the Zoning Ordinance of the City of Paris to rezone the Hills Subdivision
within the city limits, being located on the northwest side of FM 195, in the City of Paris,
Lamar County, Texas, from an Agricultural District (A) to a Single - Family Dwelling District
(SF -2); and,
WHEREAS, well - established city planning principles and practice indicate that the
zoning of residential subdivisions should conform to the compatible zoning district that is
reflected in the municipal zoning ordinance; and,
WHEREAS, city planning principles indicate that zoning of property should be in
conformance with the future land use plan within a municipal comprehensive plan; and,
WHEREAS, therefore, planning practice recommends that the Hills Subdivision
should be rezoned from the Agricultural (A) Zoning District to the Single - Family Dwelling
District (SF -2) to establish the zoning district that is compatible with the established
single - family residential development that is reflected on the recorded plats; and,
WHEREAS, the SF -2 Zoning District is compatible with the Paris Future Land Use
Plan recommendation of Low - Density Single - Family Residential Use (LDR); and,
WHEREAS, on August 7, 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 August 14, 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 the Hills Subdivision within the city limits, being located on the northwest side of
FM 195, in the City of Paris, Lamar County, Texas, from an Agricultural District (A) to a
Single - Family Dwelling District (SF -2).
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 14th day of August, 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