17 - Amend Zoning Ordinance No. 1710 specifically modifying provisions for Planned Development ZoningItem No. 17
memorandum
TO: Mayor & Council
FROM: John Godwin, City Manager
SUBJECT: PLANNED DEVELOPMENT ZONING
DATE: June 14, 2019
BACKGROUND: A mixed-use district is a planning tool used to provide for and encourage
development and redevelopment that contains a compatible mix of residential and nonresidential
uses within close proximity to each other. Mixed-use districts define the uses of land and the
siting and character of the improvements and structures to promote compatibility between uses.
Buildings are typically oriented so as to maximize visibility and provide a higher level of open
space, landscaping, and architectural features. The districts are also intended to recognize areas
to encourage redevelopment of underutilized parcels and infill development of vacant parcels in
creative ways.
In Paris, the zoning ordinance provides for a Planned Development, or PD, zoning district, which
is a type of mixed-use district. There are not a lot of specific requirements for the PD district,
however, and there is also no minimum size. In many cities, PDs are required to be at least 50 or
even 100 acres, because a PD is supposed to be a large, mixed-use development, something too
complicated and too integrated to be addressed with traditional straight zoning. The result here
is that PD has been used as an easy fix for troublesome areas, and has become a sort of small,
legalized spot zoning tool the result of what amounts to improper contract zoning.
STATUS OF ISSUE: Comprehensive Plan Recommendation 15.18 instructs, "Improve the
Planned Development process to ensure they are large functional zoning units as intended by PD
principles." Planned Development districts are intended to be used to: Allow integration of
multiple land uses on large tracts; accommodate the use of alternative development standards
and integration of uses that result in a higher quality of development that can be achieved by
other zoning districts; and allow the imposition of development regulations specifically tailored
to that single development. Basically, it is a powerful tool by which a city and a developer can
create a unique zoning district that suits development of that single project and property.
I am proposing a minimum of ten acres for PDs, smaller than in many municipalities, but an
improvement over current practice in Paris. I have also required a predevelopment meeting with
city development staff, and a preliminary plan that must be approved prior to P&Z and city
council consideration. The final development plan, showing all integrated uses and how they
will fit into and affect surrounding properties becomes the custom-built zoning district. A
smaller area without very specific planning and performance standards cannot support a truly
integrated mixed-use project.
After discussion at its regular meeting of June 3, the planning and zoning commission
unanimously recommended approval of this ordinance amendment.
RECOMMENDATION: Approve an amendment to the comprehensive zoning ordinance
modifying provisions for Planned Development (PD) zoning.
8-300 PD, PLANNED DEVELOPMENT DISTRICT USES PERMITTED:
711ic (P]D) zclric is f,,,,sta]�flihied to, 'j,"movide 0=10hyin deviopmov.
Oamdng W bail e or complex d,eveh)],")anei-its lWained as as shig]e inlegyaled
Im,jecL A dzveloprnei-it irii a. [10 zorrie plrnr�lleid, of' ,/axious land
Noliich eac,],aaWher and Wrricahze Wh the exhAing and Iptuposedland LICS
in the nearby area. A PD is hUmukh to allo� V Single 01'11)Uifii ]�r(ijo,'As witiiin itsboiiridaiies,
and is appmpdzte ordy tfu°a �rest.dUng divelopment, is corisi,da,,re(i to tlit".'
amnawnay as a Quind cKdopment tan w(,,)i,.dd (�)cu,,111- �Iasirig zoni�r�q�',
and subdivision 11creW, in sonne instances iaaeh� �r'nay nc�tcx,,�,nil(brrni
to sp��,�,,cific larid use pattaiis desWnwrd In aic zoning inap or dGW(,,,,t isgudafloris ]:)y
tf,lls arlfick"' ollth,c onfiria,ricu�� ,
8-301 The City Council of the City of Paris, Texas, after public hearing and proper notice to all
parties affected and after recommendations from the Planning and Zoning Commission, may
authorize the creation of t'he lbllo i:rijg4yyvm-K Planned Development Districts fljat
includc.,�
a) ,qaing GEH:a4,
b) Commercial center.
c) Re,,,�aidciritial development ofririulfi�0e or, rnixed hotisiirig.
d) Industrial parks or districts,; i°�araaaar4a twiii&
e) Medical center and hospital.
f) Civic center and community center.
g) Office centers -
h) Ser,,rns,r eni
i) Recreation centers.
J) Any appmpriate ocnidWation of uses that rnay be Inanned, develo,A, or opmaWd als
inlegrated land usui.
k) Transition districts as an extension of an existing district whereby the provision of off-
street parking, screening walls, open space and planting would create a protective
transition between a lesser and a more restrictive district.
rii carrd.(,r to be al[)qruved, a Inuposed P 1) zoning nuat med the Rd knAng rNuhaxiaws:
1, An,')7 rnodiheadons xvH1 subwdaEy ineet We int(erit of thic zotjfi,ag arid
ar.i(] tfie
2, AnY %011 pru"J(cle f6r, betteroverall desi�,,,";n fl,ian� straugj',it
zona, gg.
ol, dxclhng types andJor fl-je of lai,-.iid uses ki the
canh ,tti(] hannwhze wifl,ii e),,istingand proposed
land wes in the vidGy.
A The dZKOPTwnt mdH not gmaerate rncmv A% than the stracts in thx: N%nity can carry
without congestion, and will not ()'%�cirloacl
5. Financial remns; shall r�ir�t be th4sob.,, ricason, fi)r, rriodification cid"standaids,,
6. siz,
An lnt'l'st have as, (,;ity, WE Saki applivant maysuball a
mlit'i'll
for,
t'aottsadylx)
1')egin
(,,)f' ',part
or ll'ie entire site, The
]IAan
all infi,,)i t-nalim,',)�
necomory to onsimv
Mat the dmekqpriunt
conjoies Wl A] al",�Plic"able
regul"Itions, "rn('l
a) A, rrrVa" tca s &nld bounds dewripdon of dx. 111�.) dchxlol))Ynent trax"A.
b) A dravAng hxmdng BoodlAdn areas, ivater bole, mwks, dmAmgc amaq and signWant
natural fhavures; aa.ra rmq'jol: V4 0 grouphigs and firxpc,rtart'p vicrov
Rifff"ic'ient V:), ("",'sl.ablish that die q1pheants are in That 01 the owners Or havc�
contol of at oumnding hhh4u-ara s au 1. flra, lancl anic]
d) A (hawing Wmdng A ImJ use areas, s11'.i(,),wing pro-poscxl gros,,,,; ax,�reage ol" efj.cl� 'tisc,
maxhnum W cov (,,rage, triaixinnrnn heipla, minimurn sdbackq rKdAW densidas,
appohnmu: gms floor amas and fhmr to anm rabos W-41 emnmenAW, Wstrkl, ancl
Ofice uses.
e) Lacadon co all M'a�jor access poirhts, d"lorout
f) Identification of rll ri"icijor Ind use chssincWRms and Ac appmAnate acivage Whin thc,
de ve.loprrient as rdailed to cmmmit zoMng WHO designadons or he spedfc purlm,,"',
go Indication of mch phase of da"&jmhmt Of the Imliosed IN) is U) be implemented in
Separate Phasm
1h) ][nxfication l ammage or perecritaj,,Jc oftc),tal dcvckqmncnt of all jnyg'm ams :lahinncd
pubHe and ptimte operi &pmc and riodReMion H' any pa'rt
fho"AN ames,
j) arca Nvill'i the aah94 a:rid tlic laj'rd ama oll"all aWng Ws "ril he zonh,g,
Ch"issi. Catiorcs thlcrcorl� axl'cl chn"Iensions :aid locathns MAE InNe and pdvme QW -of
and t,'easerr(,x,-its Emiirriding, ancl initc,,irsecting Ine sifi"%
j) EsdmaWs of tmfHe ;Wnws and twAng rimaments
k) Sipmme of"' arad planner.
1) Alaar rhtaa4arrh hrhaalha SLlo"wilrig (heirclationship of flay., 1"ID to adjac:ccnt pro[mlies and the land
imes and thonmaghh,res s1'.i4,-)%.vn the 4r4rhnl3r4ahensive pbn and WoRld Rm—the ama,
/\' Prels-rdirl'a:ry plarh sl'u""I'll aft�('ar t�wo years rf'rjo plrysica] cieveloprnerA has b(,egL1,31,
8-302 In establishing a Planned Development District in accordance with this section, the City
Council shall require a comprehensive "',ii -id site plan,.! (u G th e Such
ari(] site plans shall be approved and filed as i part of the ordinance prior to the
issuance of any Building Permit in a Planned Development District. Such required plan and
ordinance shall set forth the requirements for ingress and egress to the property, public or private
streets or drives with adequate right-of-way to conform to the Thoroughfare Plan of the City of
Paris, sidewalks, utilities, drainage, parking spaces, heights of buildings, maximum lot coverage,
yards and open spaces, screening walls or fences,, and other development and protective
requirements considered necessary to create a reasonable transition to and protection of the
adjacent property.
8-303 Every Planned District approved under the provisions of this Ordinance shall be
considered as an amendment to the ordinance as applicable to the property involved. In
approving the Planned Development District, the City Council may impose conditions relative to
the standard of development and such conditions shall be complied with before a Certificate of
Occupancy is issued for the use of the land or any structure which is part of the Planned
Development District and such conditions shall not be construed as conditions precedent to the
approval of the zoning amendment, but shall be construed as conditions precedent to the granting
of a Certificate of Occupancy.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING THE CITY OF PARIS CODE OF ORDINANCES BY AMENDING
ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS
HERETOFORE AMENDED, TO PROVIDE ADDITIONAL REGLUATIONS
PLANNED DEVELOPMENT ZONING DISTRICTS PROVIDING A REPEALER
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Paris adopted a temporary Zoning Ordinance in 1942, and
ordinances amending the Zoning Ordinance were passed by the City Council in 1945, 1957,
and 1965; and
WHEREAS, additional amendments were added to Zoning Ordinance No. 1710 (April
12, 1965) during 1971 through 1987 and 2012 and in 2016-2019; and
WHEREAS, much of the Paris Zoning Ordinance is outdated, and therefore does not,
in certain instances, reflect current and appropriate American zoning practice; and
WHEREAS, the City of Paris staff and officials desire to partially update and amend
portions of Zoning Ordinance No. 1710 to aid in the more efficient growth and development
of the City of Paris, Texas; and
WHEREAS, in 2018, City Council adopted a Comprehensive Plan Update (the "CPU"),
which CPU recommends improving the Planned Development process to ensure such
developments are large functional zoning units as intended by planned development
principles;
WHEREAS, the City Council believes it is in the best interest of the citizens of the city
to adopt additional regulations relating to Planned Development (PD) zoning districts; 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 amendments
to the City Zoning Ordinance, and following said hearing, made formal recommendation to
the City Council to approve the requested amendments; 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 amendments to
the City Zoning Ordinance and the City Code of Ordinances, and having considered the
recommendation of the Planning and Zoning Commission and the testimony and evidence
introduced at said public hearing, found and determined that approving the aforesaid
amendments would be consistent with the City Zoning Ordinance and the City Code of
Ordinances, 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 City of Paris Zoning Ordinance No. 1710 Sec. 8-300, "PD, Planned
Development Districts Uses Permitted," shall be amended to read in its entirety as follows:
"8-300 PD, PLANNED DEVELOPMENT DISTRICT USES PERMITTED:
"The planned development (PD) zone is established to provide greater flexibility in
development planning for large or complex developments planned as a single
comprehensive, integrated project. A development in a PD zone may include planned
associations of various land uses which creatively complement each other and harmonize
with the existing and proposed land uses in the nearby area. A PD is intended to allow single -
or multi -use projects within its boundaries, and is appropriate only when the resulting
development is considered more beneficial to the community as a planned development than
that which would occur using conventional zoning and subdivision regulations. Therefore,
in some instances such developments may not conform to specific land use patterns
designated in the zoning map or district regulations prescribed by this article or the
subdivision ordinance.
"8-301 The City Council of the City of Paris, Texas, after public hearing and proper notice to
all parties affected and after recommendations from the Planning and Zoning Commission,
may authorize the creation of Planned Development Districts that might include:
a) Commercial center.
b) Residential development of multiple or mixed housing.
c) Industrial parks or districts.
d) Medical center and hospital.
e) Civic center and community center.
f) Office centers.
g) Service centers.
h) Recreation centers.
i) Any appropriate combination of uses that may be planned, developed, or operated as
integrated land uses.
j) Transition districts as an extension of an existing district whereby the provision of
off-street parking, screening walls, open space and planting would create a protective
transition between a lesser and a more restrictive district.
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"In order to be approved, a proposed PD zoning district must meet the following
requirements:
1. Any proposed modifications will substantially meet the intent of the zoning and
subdivision ordinances and the comprehensive plan.
2. Any proposed modification will provide for better overall project design than straight
zoning.
3. The combination of different dwelling types and/or the variety of land uses in the
development will complement each other and will harmonize with existing and
proposed land uses in the vicinity.
4. The development will not generate more traffic than the streets in the vicinity can
carry without congestion, and the development will not overload municipal services.
5. Financial reasons shall not be the sole reason for modification of standards.
6. A planned development district must be a minimum of ten (10) developable acres in
size.
"An applicant must have a predevelopment meeting with city staff. Said applicant may
submit a preliminary plan with the application for a PD district if the applicant is not ready
to begin development of part or the entire site. The preliminary plan shall contain all
information necessary to ensure that the development complies with all applicable
regulations and requirements.
"A preliminary plan shall include:
a) A metes and bounds description of the entire PD development tract.
b) A drawing locating floodplain areas, water bodies, creeks, drainage areas, and
significant natural features such as major tree groupings and important view
corridors.
c) Sufficient evidence to establish that the applicants are in fact all the owners or have
control of all outstanding interest of the land and structures thereon.
d) A drawing locating all land use areas, showing proposed gross acreage of each use,
maximum lot coverage, maximum height, minimum setbacks, residential densities,
approximate gross floor areas and floor to area ratios for all commercial, industrial,
and office uses.
e) Location of all major access points, thoroughfares, and collectors within the
development.
f) Identification of all major land use classifications and the approximate acreage within
the development as related to current zoning district designations or the specific
purpose.
g) Indication of each phase of development if the proposed PD is to be implemented in
separate phases.
C
h) Indication by acreage or percentage of total development of all major areas planned
for public and private open space and notification if any part of the development lies
in floodplain areas.
i) Land area included with the site and the land area of all abutting sites with the zoning
classifications thereon, and dimensions and locations of all public and private rights-
of-way and easements bounding and intersecting the site.
j) Estimates of traffic volumes and turning movements.
k) Signature of the applicant's engineer and planner.
1) A location map showing the relationship of the PD to adjacent properties and the land
uses and thoroughfares shown on the comprehensive plan and intended for the area.
"A preliminary plan shall expire on the second anniversary of the date the plan was approved
by City Council if no physical development has begun.
"8-302 In establishing a Planned Development District in accordance with this section, the
City Council shall require comprehensive development and site plans. Such development and
site plans shall be approved and filed as a part of the ordinance establishing the district prior
to the issuance of any Building Permit in a Planned Development District. Such required plan
and ordinance shall set forth the requirements for ingress and egress to the property, public
or private streets or drives with adequate right-of-way to conform to the Thoroughfare Plan
of the City of Paris, sidewalks, utilities, drainage, parking spaces, heights of buildings,
maximum lot coverage, yards and open spaces, screening walls or fences, and other
development and protective requirements considered necessary to create a reasonable
transition to and protection of the adjacent property.
"8-303 Every Planned District approved under the provisions of this Ordinance shall be
considered as an amendment to the ordinance as applicable to the property involved. In
approving the Planned Development District, the City Council may impose conditions
relative to the standard of development and such conditions shall be complied with before a
Certificate of Occupancy is issued for the use of the land or any structure which is part of the
Planned Development District and such conditions shall not be construed as conditions
precedent to the approval of the zoning amendment, but shall be construed as conditions
precedent to the granting of a Certificate of Occupancy."
Section 3. 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 4. 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.
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Section 5. 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 6. 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 7. This ordinance shall become effective on from and after its passage and
publication as required by law.
PASSED AND ADOPTED on this 24th of June, 2019 by the City Council of the City of
Paris, Texas in regular session following notice and publication as required by law.
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
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Steven J. Clifford, M.D., Mayor