13 - Site Plan Amendment - 4230 Primrose - Lots 3 and 4 Primrose II SubdivisionItem No. 13
hfffl�,W
TO: Mayor & City Council
Grayson Path, City Manager
FROM: Carla Easton, PE, Engineering & Community Development Director
SUBJECT: ZONING CHANGE / SITE PLAN MODIFICATION, 4230 PRIMROSE
DATE: June 22, 2020
BACKGROUND: The Primrose Village subdivision located on 42nd SE was developed as a
single family neighborhood with a zero -lot -line concept in the early 90's, allowing homes to be
constructed on or very near to the lot lines. This is allowed under Planned Development zoning
where a site plan is provided, which essentially provides the regulations for all future
development. Deviations from the approved site plan are not allowed unless the site plan is
formally revised in the same manner as a zoning change. All structures are to comply with
building codes at time of permitting.
STATUS OF ISSUE: Doreen Ruthhart has submitted a modified site plan on behalf of Ron Doe
Homes for lots 3 and 4 of the Primrose II Subdivision, in order to build a more traditional style
home with minimum building setbacks. This is in response to a requirement in the International
Residential Code (IRC) to provide fire -rated walls where minimum building separation is not
met. Under the current approved site plan from 1994, both side walls on a new home would
need to be fire -rated, as they would be built on or near the lot line. The owner/builder is
proposing to combine two lots in order to construct a home meeting the minimum requirements
in the IRC without fire -rated walls.
A modified site plan has been submitted for consideration by the commission. If approved, a
home constructed in this way will not be visually consistent with the existing five homes on the
street, so the expectation of neighboring property owners should be closely considered as part of
the site plan approval. Notifications were mailed to all properties within 200 feet, and staff
received several calls from concerned neighbors regarding this change. Two property owners
from the neighborhood attended the Planning & Zoning meeting, and ultimately said they were
not opposed to the site plan change so long as a single family home is built.
The Planning & Zoning Commission voted 5-0 to recommend approval of this site plan revision
for lots 3 and 4 under the existing Planned Development zoning district, with the same
specifications for construction materials as set on the original site plan.
RECOMMENDATION: Approve of the revised site plan for lots 3 and 4 of the Primrose 11
Subdivision in the existing Planned Development District.
K
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS
APPROVING AN AMENDED SITE PLAN FOR A PLANNED DEVELOPMENT
DISTRICT - COMMUNITY UNIT DEVELOPMENT (PD -B), PREVIOUSLY
ESTABLISHED THROUGH THE ADOPTION OF ZONING ORDINANCE NO.
94-030, FOR LOTS 3 AND 4 OF THE PRIMROSE II SUBDIVISION, BEING
LOCATED IN THE 4200 BLOCK OF PRIMROSE LANE, PARIS, LAMAR
COUNTY, TEXAS; MAKING OTHER FINDINGS AND PROVISIONS RELATED
TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY
CLAUSE, A PENALTY CLAUSE AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on July 11, 1994 the City Council of the City of Paris, Texas, adopted
Ordinance No. 2059, creating a Planned Development District -Community Unit
Development (PD -b) on Lots 3 and 4 of the Primrose II Subdivision, located in the 4200
Block of Primrose Lane; and,
WHEREAS, on April 24, 2020, Doreen Ruthart on behalf of Ron Doe Homes,
submitted an amended site plan to the City Engineering and Planning Department for
approval to construct a single family home on Lots 3 and 4 with traditional setbacks,
differing from approved site plan; and,
WHEREAS, on June 1, 2020, after notice and publication as required by law, the
Planning and Zoning Commission held a public hearing to consider and act on the amended
site plan for Lots 3 and 4 of the Primrose II Subdivision, being located in the 4200 Block of
Primrose Lane; and,
WHEREAS, following the public hearing, discussion and deliberations, the Planning
and Zoning Commission voted 5-0 to approve the amended site plan with all building
materials requirement to remain per the original site plan; and,
WHEREAS, on June 22, 2020, after notice and publication as required by law, the
City Council of the City of Paris held a public hearing to receive input from the citizens of
the City of Paris regarding the proposed amended site plan for the Primrose II Subdivision,
Lots 3 and 4 as set forth in Exhibit "A" attached hereto and incorporated herein by
reference; and,
WHEREAS, following the public hearing, consideration of the recommendation of
the Planning and Zoning Commission and other discussions related to the amended site
plan attached hereto as Exhibit "A", the City Council voted _ Ayes _ Nays to approve
the amended site plan for the property.
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 amended site plan for Lots 3 and 4, of the Primrose II
Subdivision, located in the 4200 block of Primrose Lane, Lamar County, Texas, as more
particularly depicted in Exhibit "A" attached hereto and incorporated herein, be and is
hereby approved.
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.
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. That this ordinance shall become effective from and after its passage
and publication as required by law.
PASSED AND ADOPTED on this 22nd day of June, 2020.
Steven J. Clifford, M.D., Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
Ell
T
11"A
..... .. ....
.. . ..... ... . . . .....
.... .. .....
...... .... .
flKl . ...... ... . ...... ...
...........
Wj...... ..........
...... ... . .
40
76int,
. .... . .. ....
tA
tR
41 J
. ..... ...
POPP
... ..... ..... .
L-0 4
Co