12 - Zoning Change from Agricultural to Commercial with a Specifc Use Permit-Abe Enns-Block 341 Lot 2, Loop 286 and Hwy 24, 2975 S. Church StreetItem. No. 12
TO: Mayor& Council
FROM: John Godwin, City Manager
SUBJECT: ZONING CI-IANGE, 2975 S. CHURCH s,rIZEET
DATE: April 17, 20118.
BACKGROI.JND: This request is to conduct a public hearing and take action regarding, the
petition of Abe Enns, for a change in zoning from an Agricultural District to a Commercial with
a Specific Use Permit, in the City of Paris, Block 341, Lot 2, Loop 286 & Hwy 24, located at
2975 S. Church Street, for the sale of trailers. J'he property is comprised of 2.0 + acres. The
applicant presently owns this subject property.
STATUS OF ISSUE: This property is largely vacant with sone existing structures. There is a
functioning gas station to the north and a wrecking yard to the south. A small area adjacent to
and directly north, and adjacent to and directly west of the property is zoned Ag, West, across
Church Street, is zoned Light Industrial and farther north of the property the zoning is
Commercial.
'].'his applicant shall submit a site plan as a zoning requirement and the staff recon-irnends the
following conditions to enhance this application and further benefit the surrounding area.
Follows, each having been agreed to by the applicant:
a. As feasible, said conditions shall be illustrated on the required site plan;
b. Business activity shall be limited to the sale or rental of trailers;
c. The existing driveway approach, shall be paved, and subject to the approval of the
city engineer;
d. An existing fence will be replaced and a protective fence shall be constructed and
shall be subject to city staff approval;
e. Trailers shall be allowed to be displayed for sale within a portion of the front
yard, but there shall be no storage of trailers or other goods within this subject
front yard;
f. As feasible, a portion of the front yard shall be established as greenspace, and said
space shall be Continuously maintained in a functioning manner, at the expense of
the property owner;
g. Signage shall be approved by the city staff-, and
h. Lighting shall be approved by city staff, and site illumination shall not extend
beyond the property boundaries ofsaid subject property.
The planning and zoning commission, meeting on Monday, April 2, conducted a public hearing
on this request, and unanimously recommended in favor.
RECOMMENDATION: Approve the requested zoning change from Agriculture to Commercial
with a Specific Use Perrnit for the rental and sale of trailers at 2975 South Church Street.
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING ZONING ORDINANCE NO. 171.0 OF THE CITY OF PARIS,
TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE LOT 2, CITY OF
PARIS BLOCK 341, LOOP 286 AND HIGHWAY 24, BEING LOCATED AT
2975 SOUTH CHURCH STREET, IN THE CITY OF PARIS, LAMAR COUNTY,
TEXAS, FROM AN AGRICULTURAL DISTRICT (A) TO A COMMERCIAL
DISTRICT (C) WITH A SPECIFIC USE PERMIT FOR THE SALE OF
TRAILER'S; 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 2, City of Paris Block
341, Loop 286 and Highway 24, being located at 2975 South. Church Street„ in the City of
Paris, Lamar County, Texas, from an Agricultural District (A) to a Commercial District (C),
with a Specific Use Permit for the sale of trailers; and
WHEREAS, on April 2, 2018, fallowing 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 April 23, 2018, 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 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.
11OW, THEREFORE,ORDAINED BY THE CITY COUNCIL1
PARIS,
F 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 2, City of Paris Block 34.1, Loop 286 and Highway 24, being located at 2975
South Church Street, in the City of Paris, Lamar County, Texas, from an Agricultural District
(A) to a Commercial District (C), with a Specific Use Permit for the sale of trailers, with the
fallowing conditions:
1. Business activity shall be limited to the sale or rental of trailers;
I The existing driveway approach shall be paved, and subject to the approval
of the city engineer;
3. An existing fence will be replaced and a protective fence shall be constructed
and shall be subject to city staff approval;
4. Trailers shall be allowed to be displayed for sale within a portion of the front
yard, but there shall be no storage of trailers or, other, goods within this
subject front yard;
5. As feasible, a portion of the front yard shall be established as greenspace, and
said space shall be continuously maintained in a functioning manner, at the
expense of the property owner;
6. Signage shall be approved by the city staff, and
7. Lighting shall be approved by city staff, and site illumination shall not extend
beyond the property boundaries of said subject property.
All seven conditions shall be implemented per the direction and approval of the City of
Parisstaff.
Section 3. A Final Site Plan shall be submitted with said conditions illustrated on
same as feasible.
Section 4. That the Chief Building Official of the City of Paris be, and lie 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 Pal -is, 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 repeat 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 becorne effective from and after its passage and
publication as required by law,
PASSED AND ADOPTED this 23rd day of April, 2018, by the City Council of the City
of Paris, in regularsession, following notice and publication as required by law.
ATTEST:
Janice Ellis, City Clerk
Stephanie H. Hari -is, City Attorney
Steven 1. Clifford, M.D., Mayor