10 - Zoning Change - 365 28th Street N.E. - Block 257-D Lot 2Item No. 10
TO: Mayor & Council
FROM: John Godwin, City Manager
SUBJECT: ZONING CHANGE, 365 28" STREET NE
DATE: July 6, 2018
BACKGROUND: The Stephen and Amanda Gerrald Living Trust has applied for a change in
zoning on a 0.21 acre lot on 28th Street NE. The purpose of the request is to change the zoning
from SF -2 Residential to General Retail (GR) for the purpose of constructing an office on the
site. The property connects through the block, facing both Collegiate and 28t". It has historically
been zoned and used for residential purposes, but the owner intends to demolish the existing
structure, and orient the new office building to face west onto Collegiate.
STATUS OF ISSUE: All of this immediate area except one other residential lot faces Collegiate.
Each is occupied by an office or retail use, with PD zoning. The future land use plan anticipated
this change in usage and orientation, and calls for GR zoning along this strip. This is therefore a
logical progression in the city's plan, and would fit in with existing non-residential uses. There
are no flood zone restrictions. On July 2 the planning and zoning commission unanimously
recommended approval.
RECOMMENDATION: Approve zoning change from SF -2 Residential to General Retail.
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 2, CITY
BLOCK 257-D, 0.21 ACRES, BEING LOCATED AT 365 28th N.E. STREET, IN
THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A SINGLE-FAMILY
DWELLING DISTRICT NO.2 (SF -2) TO A GENERAL RETAIL DISTRICT
(GR); 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 Block 257-D,
0.21 acres, being located at 365 28th Street N.E., in the City of Paris, Lamar County, Texas,
from a Single -Family Dwelling District (SF -2) to a General Retail District (GR); and
WHEREAS, on July 2, 2018, 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 said proposed zoning change; and,
WHEREAS, on July 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.
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 2, City Block 257-D, 0.21 acres, being located in the 365 28th Street N.E., in the
City of Paris, Lamar County, Texas, from a Single -Family Dwelling District No.2 (SF -2) to a
General Retail District (GR).
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 this 23rd day of July, 2018, 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