13 - Zoning Amendment - B.D.T. Subdivision Block A Lot 2 behind 3850 Lamar Ave. from Agricultural to General RetailItem No. 13
TO: Mayor & City Council
FROM: John Godwin, City Manager
SUBJECT: ZONING CHANGE, LCAD PARCEL 21132 (BEHIND 3850 LAMAR)
DATE: December 3, 2018
BACKGROUND: As you recall, George Fisher applied last month for a zoning change on a
vacant 6.78 acre lot behind 3850 Lamar Avenue. The purpose of that request was to change the
zoning from Agricultural to Commercial in order to sell the land to a prospective buyer. The
specific use by the buyer was not indicated, but this site was not suitable for Commercial in our
opinion, and the commission recommended denial 5-1 on November 5.
STATUS OF ISSUE: Mr. Fisher withdrew his request, so it was not presented to the city council
on November 12 as scheduled. Mr. Fisher also re-applied to change the zoning on the lot, this
time requesting General Retail. Access to this site is limited, and would likely come from 3850
Lamar immediately to the north anyway, which is currently retail. GR is consistent with the
recently amended Future Land Use Plan, and what staff suggested on November 5.
The planning and zoning commission considered this matter on December 3, and recommended
its approval by a 6-0 vote. The applicant's representative spoke in favor of the request; three
citizens spoke in opposition.
RECOMMENDATION: Approve a zoning change from Agricultural 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 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 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 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 General Retail District (GR); and,
WHEREAS, on December 3, 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 the requested zoning; and,
WHEREAS, on December 10, 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 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 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 B. This ordinance shall become effective from and after its passage and
publication as required by law.
PASSED AND ADOPTED on this 10th day of December, 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