12 - Zoning Change Request from Agricultural District to a Two-Family Dwelling District - James Martinez - Block B Lot 1 - 4315 Pine Mill RoadItem No. 12
TO: Mayor & City Council
FROM: Carla Easton, P.E., Community Development Director
SUBJECT: ZONING CHANGE, 4315 PINE MILL ROAD
DATE: September 5, 2019
BACKGROUND: James Martinez is requesting a change in zoning on a 0.344 acre lot from
Agricultural (A) to Two-family (2F) in order to build a single duplex. The subject property is
located on the north side of Pine Mill and sits in an existing single-family neighborhood.
Properties across Pine Mill to the south are zoned MF -2 and Agricultural. Immediately
surrounding property is zoned Agricultural (which should be changed at some point), with a
significant area to the west zoned Commercial.
STATUS OF ISSUE: The comprehensive plan calls for all of this area north of Pine Mill to be
low density residential (LDR), and despite its outdated Agricultural zoning, it is almost all single
family. Therefore, based on the neighboring properties and the proposed use, coupled with the
comp plan's future land use plan, we believe this zoning change is not appropriate. This is
especially the case on the north side of Pine Mill, which is utilized by the land use plan as a natural
barrier, where a duplex would be out of place.
The planning and zoning commission conducted a public hearing at its regular meeting of
September 5 to address this request. The applicant spoke in favor of the request. While staff
recommends denial of this zoning change, the commission voted 3-2 to recommend approval of
this zoning change.
RECOMMENDATION: Deny a zoning change from Agricultural to 2F Residential.
4315 PINE MILL- SUBJECT PROPERTY
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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 B,
LOT 1, IN THE SUBURBAN ESTATES ADDITION BEING LOCATED AT 4315
PINE MILL ROAD, 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 B, Lot 1, being
located at 4315 Pine Mill Road in the City of Paris, Lamar County, Texas, from an
Agricultural District (A) to a Two -Family Dwelling District (217), in the Suburban Estates
Addition; and,
WHEREAS, on September 5, 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 September 23, 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 B, Lot 1, Suburban Estates Addition 1 being located at 4315 Pine Mill
Road in the City of Paris, Lamar County, Texas, from an Agricultural District (A) to a Two -
Family Dwelling District (217).
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 B. 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