13 - Zoning Change Request - 418 S.W. 13th StreetItem No. 13
memorandum
TO: Mayor & Council
FROM: John Godwin, City Manager
SUBJECT: ZONING CHANGE, 418 13th SW
DATE: August 7, 2018
BACKGROUND: Jim Lester Auto Repair has applied for a zoning change on a 0.123 acre lot at
418 13th Street SE. The purpose of this request is to change the zoning from SF -2 Residential to
Commercial in order to bring this property into compliance. The property includes a single
family structure and a shed -type building that is currently used for mechanical repairs of motor
vehicles. This is not an allowable home use, so the current activity is in violation of the city's
zoning ordinance.
STATUS OF ISSUE: A majority of the area is zoned single family. A single large area on the
east side of 13th is zoned light industrial. The future land use plan calls for entirely low density
residential (single family), so the long-term goal of the plan is for even that single light industrial
site to eventually be converted to single family. We therefore believe the current zoning should
remain the same. The fact that granting the change would bring the property into compliance is
not a relevant factor. The existence of an ordinance violation is, if anything, a mark against the
request.
On August 6 the planning and zoning commission recommended denial by a 7-0 vote. No one
spoke either for or against.
RECOMMENDATION: Deny this zoning change request.
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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 2, 0.1230
ACRES, CITY BLOCK 218, BEING LOCATED AT 418 SW 13TH STREET, IN
THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A ONE -FAMILY
DWELLING DISTRICT (SF -2) TO A COMMERCIAL DISTRICT (C);
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, 0.1230 acres, City
Block 218, being located at 418 SW 13th Street, in the City of Paris, Lamar County, Texas,
from a One -Family Dwelling District (SF -2) to a Commercial District (C); and,
WHEREAS, on August 6, 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 deny said proposed zoning change; thereby
requiring a three-quarter (3/4) majority vote of the City Council to approve the rezoning of
the property;
WHEREAS, on August 27, 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 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 2, 0.1230 acres, City Block 218, being located at 418 SW 13th Street, in the
City of Paris, Lamar County, Texas, from a One -Family Dwelling District (SF -2) to a
Commercial District (C).
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 27th day of August, 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