14 - Zoning Change Two Family Dwelling to Neighborhood Service - Block 4 Lot 23 - 3206 BonhamItem No. 14
TO: Mayor & Council
FROM: John Godwin, City Manager
SUBJECT: ZONING CHANGE, 3206 BONHAM STREET
DATE: June 4, 2019
BACKGROUND: Lisa C. Short has applied for a change in zoning on a 0.254 acre lot on
Bonham Street. The purpose of the request is to change the zoning from 2F Residential to
Neighborhood Service (NS) for the purpose of continuing to operate a tax service business that
has operated on this lot for a number of years as a home occupation. The property is located on a
relatively well -travelled state highway; it has no drainage issues.
STATUS OF ISSUE: A significant majority of the area is single family and is so zoned. A few
exceptions include two other NS lots, an MF -1, the VFW hall (a former church), and two lots
inexplicably zoned 2F. These latter two lots include the subject lot and its immediately
contiguous neighboring lot, neither of which are duplexes. The future land use plan calls for a
wide strip of both sides of Bonham to convert over time to retail -type uses, which could include
neighborhood services. This request is therefore consistent with the city's long-term plan,
although in the short-term will be inconsistent with most of what is currently on the ground.
Another concern is inadequate parking; in the past customers have blocked the side street and
generated complaints.
Finally, any time we consider a zoning change, we must always consider not just the application
of the day, but what other uses are allowed with a requested zoning. Uses allowed outright in
Neighborhood Services include: residential, church, college, day camp, nursery, lodge, hospital,
park, residence home, school, private pool, community center, alcohol sales, commercial auto
parking lot, bakery, cafeteria, greenhouse, cleaning & dyeing, candy or cake shop, florist,
laundry, office, and sit-down restaurant.
The planning and zoning commission conducted a public hearing at its regular meeting of June 3,
at which three individuals spoke in favor and one in opposition. In addition there was a petition
in opposition and a letter in support. The commission unanimously recommended approval of
this zoning request.
RECOMMENDATION: Approve a zoning change from 2F Residential to Neighborhood
Services.
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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 CITY BLOCK 4,
LOT 23, MAYER ADDITION, BEING LOCATED AT 3206 BONHAM STREET,
IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A TWO-FAMILY
DWELLING DISTRICT (217) TO A NEIGHBORHOOD SERVICE (NS),
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 4, Lot 23,
Mayer Addition, being located at 3206 Bonham Street, in the City of Paris, Lamar County,
Texas, from a Two -Family Dwelling District (217) to a Neighborhood Service (NS); and,
WHEREAS, on June 3, 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 approve the requested zoning; and,
WHEREAS, on June 24, 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 4, Lot 23, Mayer Addition, being located at 3206 Bonham Street, in the
City of Paris, Lamar County, Texas, from a Two -Family Dwelling District (217) to a
Neighborhood Service (NS).
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 24th day of June, 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