10 - Zoning Change from Agriculture to a Two-Family Dwelling District - CB 167 Block A Lot 1 - 2805 S.E. 3rd StreetItem No. 10
TO: Mayor & City Council
FROM: John Godwin, City Manager
SUBJECT: ZONING CHANGE, 2805 3rd STREET SE
DATE: May 6, 2019
BACKGROUND: Adam Bolton is requesting a change in zoning from an Agricultural District
(A) to a Two -Family Dwelling District (2F), on a 1.5 acre lot at 2805 3rd Street SE in the
Newberry Addition. Mr. Bolton's stated purpose is to build duplexes. The subject property is
located on the east side of 3rd and has neighboring residential uses on the south and west sides
(across 3rd). Parking would be onsite; traffic should not be an immediate issue at this location,
though neighbors have expressed concerns about visibility when pulling out due to a hill, and the
dangerous intersection to the south with the loop. The lot is not in the floodplain, but there are
drainage issues to its north, especially on and near York Street.
The planning and zoning commission unanimously recommended against a change in zoning on
this property to MF -2 at its April 8 meeting. The applicant subsequently withdrew that request
prior to city council consideration, substituting it with this one.
STATUS OF ISSUE: The Agricultural zoning designation for this property is a holding district,
so it will need to be changed to something more functional. In fact, other than farming uses, this
lot would need to be rezoned in order for it to be developed even with low density housing. The
current future land use plan calls for this lot to be zoned Commercial as part of an overall
proposed, long-term expansion of Commercial zoning uses reaching to and encompassing Loop
286 to the south and SH 19/24 to the west. If that expansion occurs it would be very many years
into the future. In the meantime this is a predominantly residential area that does not support this
development. For that reason, we do not believe duplexes are an appropriate use at this time.
At its regular meeting of May 6, the planning & zoning commission conducted a public hearing
on this zoning request. Six individuals spoke in opposition; no one spoke in favor.
BUDGET: NA
RECOMMENDATION: By a vote of 6-1, the commission unanimously recommended to the
city council denial of a zoning change from Agricultural to MF -2; staff concurs.
2805 SE 3rd Street- LOAD Parcel 71892- Subject Property
March 12, 2019 1:1,128
Paris, TX 2 Mile E.T.J. - 2018 0 Addressing In Progress - 2018
Municipal Boundary Data for Pads, Texas Arl(Tex 9-1-1 Roads
L.C.A.D. 2017-18 ROLL Parcels — State Roadway
0 0.01 0.02 0.04 mi
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0 OpenStr Map (,,d) —WbWom, CC-BYSA
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 CITY BLOCK 167,
BLOCK A, LOT 1, IN THE NEWBERRY ADDITION, BEING LOCATED AT
2805 SE 3RD STREET, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS,
FROM AN AGRICULTURAL DISTRICT (A) TO A TWO-FAMILY DWELLING
DISTRICT (217), 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 City Block 167, Block A,
Lot 1, in the Newberry Addition, being located at 2805 SE 3rd, in the City of Paris, Lamar
County, Texas, from an Agricultural District (A) to a Two -Family Dwelling District (2F).
WHEREAS, on May 6, 2019, 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 the requested zoning; thereby requiring a three-quarter (3/4)
majority vote of the City Council to approve the rezoning of the property;
WHEREAS, on May 13, 2019, 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 City Block 167, Block A, Lot 1, in the Newberry Addition, being located at 2805 SE
3rd, in the City of Paris, Lamar County, Texas, from an Agricultural District (A) to a Two -
Family Dwelling District (2F).
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 131h day of May, 2019, 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