11 - Zoning Change Request - James O'Bryan - Block 3 Lot 27 - 3150 Bonham Street and 10 N.W. 32nd StreetItem No. 11
TO: Mayor & City Council
Gene Anderson, Interim City Manager
FROM: Carla Easton, P.E., Community Development Director
SUBJECT: ZONING CHANGE, 3150 BONHAM STREET
DATE: July 3, 2019
BACKGROUND: James O'Bryan has applied for a change in zoning on a 0.462 acre lot on
Bonham and 10th NW Streets. The purpose of the request is to change the zoning from S172
Residential to Neighborhood Service (NS) for the purpose of continuing to operate a beauty shop
that has operated on this lot for a number of years, while retaining the current residential use.
The property is located on a relatively well -travelled state highway; it has no drainage issues.
This request should not increase traffic or parking demands. The beauty shop is a legal
conforming use, with a certificate of occupancy.
STATUS OF ISSUE: A majority of the area is single family and is so zoned. A few exceptions
include two other NS lots, a long-standing tax service office on a 2F lot, MF -1 next door, the
VFW hall (a former church) immediately behind, and a second 2F lot. The future land use plan
calls for a wide strip of both sides of Bonham to convert, over time, to retail -type uses, which
can include neighborhood services, offices, retail, parking, etc. This request is therefore
consistent with the city's long-term plan. Although in the short-term it will be somewhat
inconsistent with much of what is currently on the ground, this is typical of transition zoning.
The planning and zoning commission met on July 1, and following a public hearing at which
interested persons spoke for and against, the commission recommended approval of the zoning
request by a vote of 7-0. A protest petition was presented and staff verified the 20% threshold
was surpassed; therefore, council approval requires a super majority, or six votes, regardless of
the number of members present.
BUDGET: NA
RECOMMENDATION: Approve a zoning change from SF2 Residential to Neighborhood
Services. However, should there be six or fewer members present, hold the public hearing open
to a date certain.
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 3, LOT 27, IN
THE MAYER ADDITION, BEING LOCATED AT 3150 BONHAM STREET AND
10 N.W. 32ND STREET, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS,
FROM A SINGLE-FAMILY DWELLING DISTRICT (SF -2) TO A
NEIGHBORHOOD SERVICE; 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 3, Lot 27, in the
Mayer Addition, being located at 3150 Bonham Street and 10 N.W. 32nd Street, in the City of
Paris, Lamar County, Texas, from a Single -Family Dwelling District (SF -2) to a Neighborhood
Service; and,
WHEREAS, on July 1, 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, a written protest against the proposed rezoning of this property has been
received from in excess of twenty percent (20%) of the owners of the property within 200
feet of the boundary lines of the proposed tract to be rezoned, thereby requiring a three-
quarter (3/4) majority vote of the City Council to approve the rezoning of the property; and,
WHEREAS, on July, 22, 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 3, Lot 27, in the Mayer Addition, being located at 3150 Bonham Street and
10 N.W. 32nd Street, in the City of Paris, Lamar County, Texas, from a Single -Family Dwelling
District (SF -2) to a Neighborhood Service.
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 23rd day of September, 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
3150 Bonham St & 10 NW 32nd St -SUBJECT PROPERTY
June 26, 2019 1:564
Paris, TX 2 Mile E.T.J. - 2018 Addressing In Progress - 2018
Municipal Boundary Data for Paris, Texas ArkTex 9-1-1 Roads
L.C.A.D. 2017-18 ROLL Parcels City or County Roadway
State Roadway
0 0.01 0.01 0.02 mi
0 0.01 0.01 0.03 km
® OpenfteelMap (and) oonbibulon, CC -BV -SA
ZONING CHANGE REQUEST
PROTEST PETITION FOR CHANGE FROM: [�
SINGLE-FAMILY DWELLING DISTRICT (SF -2) TO NEIGHBORHOOD SERVICES DISTRICT (NS)
FOR 3150 BONHAM ST
MAYER ADDITION BLK 3, LOT 27; LCAD ID -13094 Date: 7/2/2019