09 - ZONING CHANGE AT 2815 W. CAMPBELL STREETItem No. 9
memorandum
TO: Mayor & City Council
John Godwin, City Manager
FROM: Alan Efrussy, AICP, City Planning Manager
SUBJECT: CHANGE FROM SINGLE—FAMILY DWELLING DISTRICT (SF -2) TO
SINGLE—FAMILY DWELLING DISTRICT (SF -2) WITH A SPECIFIC USE PERMIT
(RECREATIONAL FACILITY—PRIVATE) AT 2815 W. CAMPBELL STREET.
DATE: August 31, 2017
BACKGROUND: This request is to conduct a public hearing and take action regarding the
petition of Lawrence Thompson for a change in zoning from Single—Family Dwelling District
(SF -2) to a Single—Family Dwelling District (SF -2) with a Specific Use Permit (Recreational
Facility—Private), being located at 2815 West Campbell Street. The subject property is 0.1897
acres, and there is no flood plain on this property. Specifically, the applicant wishes to establish
a basketball court on this property.
STATUS OF ISSUE: Staff believes this is an appropriate project because private neighborhood—
oriented park, recreation, and open space amenities provide additional structured recreational
facilities, beyond public park systems, that also further enhance and strengthen residential
neighborhood integrity and functioning. Since this request is for a private recreational facility,
the Zoning Ordinance requires a Specific Use Permit (SUP) for such recreational uses within the
SF -2 single—family zoning district. The city engineer has indicated that no additional
street/thoroughfare right—of—way is needed.
Although a site plan is a requirement for SUP uses, since no actual building is to be located upon
this subject property, a formal site plan is not required. Rather, the policy in Paris is to provide
photographs illustrating the subject site, which are included.
The staff originally supported the applicant's request and continues that support conditioned
upon the following:
1. The subject property owner shall consistently keep the subject property clean,
maintained, and safe subject to approval of the city staff.
2. If the property has artificial lighting, said lighting shall not extend beyond illuminating or
reflecting any lighting beyond the property line of the subject property.
3. Physical recreational activity shall be allowed only from 9:00 (nine) AM to 10:00 (ten)
PM, on any day of the week during the year. (This responds to time—frames that should
reflect typical activity periods in residential areas).
4. The city engineer recognizes that while not currently a problem, there could be long—term
concern regarding parking, if this corner becomes a substantial activity area.
5. This subject property is intended as a basketball area. City staff recommends a fence
screening requirement to protect children/adults from inadvertently chasing balls and/or
people or running into traffic at this corner lot and intersection.
The Planning and Zoning Commission is scheduled to meet on September 7, 2017, but at the
time of this publication, we don't know what they decided.
RECOMMENDATION: Staff recommends that this private recreational facility be approved for
a Specific Use Permit, and approved upon the conditions as stated herein, for the property
located at 2815 West Campbell Street.
2
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 SPERRY'S 1sT
ADDITION, BLOCK 2, LOT NORTH PT 1, BEING LOCATED AT 2815 WEST
CAMPBELL STREET, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS,
FROM A SINGLE-FAMILY DWELLING DISTRICT (SF -2) TO A SINGLE-
FAMILY DWELLING DISTRICT (SF -2) WITH A SPECIFIC USE PERMIT
(SUP) FOR A RECREATIONAL FACILITIY-PRIVATE; 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 Sperry's 1St Addition,
Block 2, Lot North PT 1, being located at 2815 West Campbell Street, in the City of Paris,
Lamar County, Texas, from a Single -Family Dwelling District (SF -2) to a Single -Family
Dwelling District (SF -2) with a Specific Use Permit (SUP) for a Recreational Facility -
Private; and,
WHEREAS, on September 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 September 11, 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 Sperry's 1St Addition, Block 2, Lot North PT 1, being located at 2815 West
Campbell Street, in the City of Paris, Lamar County, Texas, from a Single -Family Dwelling
District (SF -2) to a Single -Family Dwelling District (SF -2) with a Specific Use Permit (SUP)
for a Recreational Facility -Private.
Section 3. That this Specific Use Permit is approved with the following stated
conditions, and each shall be approved by the City of Paris city engineer, and other
appropriate staff as determined by the engineer:
1. The subject property owner shall consistently keep the subject property clean,
maintained, and safe subject to approval of the city staff.
2. If the property has artificial lighting, said lighting shall not extend beyond
illuminating or reflecting any lighting beyond the property line of the subject
property.
3. Physical recreational activity shall be allowed only from 9:00 (nine) AM to 10:00
(ten) PM, on any day of the week during the year. (This responds to time—frames that
should reflect typical activity periods in residential areas).
4. The city engineer recognizes that while not currently a problem, there could be long—
term concern regarding parking, if this corner becomes a substantial activity area.
5. This subject property is intended as a basketball area. City staff recommends a fence
screening requirement to protect children/adults from inadvertently chasing balls
and/or people or running into traffic at this corner lot and intersection.
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 11th day of September, 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