2019-022 - Zoning Amendment - Provide Additional Regulations Planned Development Zoning DistrictsORDINANCE NO. 2019-022
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WHEREAS, much of the Paris Zoning Ordinance is outdated, and therefore does not,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
1
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 7 ayes and 0 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.
2
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.
"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.
S. 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.
3
g) Indication of each phase of development if the proposed PD is to be implemented in
separate phases.
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
4
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 S. 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.
. Steve¢ Clifford, .D., Mayor
ATTEST. _111-6ZK...CITy'%.
e Ellis, City Clerk -5 ,
S .®
APP" OVED AS TO FORM:
_17 11
t 6A 4, 6
St`elpl'anie H. Harris, City Attorney
5