13 - Zoning Change - B.D.T. Subdivision, BlockA, Lot 2, behind 3850 Lamar - petition of George FisherItem No. 13
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TO: Mayor & City Council
FROM: John Godwin, City Manager
SUBJECT: ZONING CHANGE, LCAD PARCEL 21132 (BEHIND 3850 LAMAR)
DATE: November 6, 2018
BACKGROUND: George Fisher has applied for a zoning change on a vacant 6.78 acre lot behind
an existing retail area at 3850 Lamar Avenue. The purpose of this request is to change the zoning
from Agriculture to Commercial in order to sell the land to a prospective buyer. The specific use
by the buyer has not been indicated to us, but of course Commercial zoning includes a very wide
range of allowable uses, so this specific potential sale is not immediately relevant to the facts of
the case. Access to this site is limited, and would likely come from 3850 Lamar immediately to
the north.
STATUS OF ISSUE: Agriculture has been used as a temporary, holding zoning in Paris, and that
appears to be the case with this lot. The Future Land Use Plan has for years indicated that the long
term use for this site should be residential. This is consistent with an existing residential
subdivision immediately adjacent on the east and south. Land immediately to the west was also
shown as future residential. The recently adopted new land use plan recognized that this latter site
is actually zoned Commercial and Light Industrial, and that land to the north is zoned General
Retail. Therefore, the new plan changed the subject property to GR as well. Based on that change,
which was approved by the commission and council only in the last several weeks, as well as the
contiguous neighborhood which we think should not be encumbered by the many possible
incompatible uses available in Commercial zoning, we cannot support this request.
In addition, a September 13 letter from the buyer to Mr. Fisher indicates he will accept "either
commercial use zoning or general retail use (as indicated on the City's future land use maps)."
Thus even the buyer understands and is clearly okay with complying with the new land use plan.
The planning and zoning commission considered this matter on November 5, and recommended
its denial by a 5-1 vote. The applicant spoke in favor of the request. Three citizens spoke in
opposition.
RECOMMENDATION: Deny a zoning change from Agriculture to Commercial.
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 BLOCK A, LOT 2, IN THE
B.D.T. SUBDIVISION, BEING LOCATED BEHIND 3850 LAMAR, IN THE CITY
OF PARIS, LAMAR COUNTY, TEXAS, FROM AN AGRICULTURE DISTRICT
(A) 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 Block A, Lot 2, in the B.D.T.
Subdivision, being located behind 3850 Lamar, in the City of Paris, Lamar County, Texas,
from an Agriculture District (A) to a Commercial District (C); and,
WHEREAS, on November 5, 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 November 12, 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 Block A, Lot 2, in the B.D.T. Subdivision, being located behind 3850 Lamar, in the City
of Paris, Lamar County, Texas, from an Agriculture District (A) 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 S. 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 121h day of November, 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