27 - Zoning Amendment from Neighborhood Service to Neighborhood Service with Specific Use Permit for single-family - Block 311 Lot front PT 16 located at 3660 Clarksville Street LCAD 18693Item No. 27
TO: Mayor, Mayor Pro -Tem & City Council
Grayson Path, City Manager
FROM: Andrew Mack, AICP Director Planning & Community Development
SUBJECT: Public hearing to consider and take action regarding the petition of Benny Brown for a
change in zoning from a Neighborhood Service District (NS) to a Neighborhood
Service District (NS) with a Specific Use Permit (SUP) for a single-family residence in
the City of Paris, Block 311, Lot front PT 16, located at 3660 Clarksville Street- LCAD
18693.
MTG. DATE: December 13, 2021
BACKGROUND
Benny Brown, current owner, and Richard Deverell, current occupant and new buyer, requested an SUP
with the discontinuance of an existing pet grooming business and to continue occupying the single-
family residence for only residential purposes. The property is located in an NS District on property
located at 3660 Clarksville. The 512 s.f. detached business structure was originally constructed in 2005
by Pam Russell for a pet grooming operation and also lived in the residence at that time. Just this year
in 2021 the City approved amendments to the permitted land uses for the NS District which now require
an SUP for a single family residence. The residents are also unable to receive residential water service
and home garbage pick-up as result of the former business status of the property. Therefore, the SUP is
required to address these concerns. No other changes to the structures are planned.
ANALYSIS
The subject property is zoned NS and so is the adjoining single family residence to the west. Land to
the east is zoned SF -2 and undeveloped. Land to the south is zoned PD and is developed with senior
living rental single family apartment homes. Land to the north across Clarksville is zoned SF -2 with an
undeveloped lot.
PUBLIC INPUT
No public input was received to date, but will be updated if received at or prior to the hearing.
RECOMMENDATION
Staff and the P&Z recommends approval of the SUP, subject to the following condition:
1. The SUP shall expire and terminate with a change in occupancy converting the residence
accessory structure back to a business use, unless approved by amendment to the SUP.
DISTRICT (NS) WITH A SPECIFIC USE PERMIT (SUP) FOR A SINGLE-
FAMILY RESIDENCE; DIRECTING A CHANGE ACCORDINGLY IN THEOFFICIAL ZONING MAP OF THE CITY WITH CONDITION; PROVIDING AREPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, APENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Planning d Zoning Commission
received £ q
2mendment Ordinance of the City of Paris to rezone City of Paris Block 311,
Zoning
FrontLot PT 16, located6" Clarksville Street, in the City of Paris,
from a Neighborhood Service District (NS) to a Neighborhood Service District (NS) with a
Specific ,r • ,, (SUP); and,
WHEREAS, on December 6, 2021, following notice and publication as required by
law, the Planning
Zoning
* conducted : hearing on proposed
Zoningamendment to the City Ordinance1 ! hearing,
shallthe SUP terminate with wchange in occupancy converting
the residence
accessory structure back to a business use unless approved by amendment to the SUP; and,
WHEREAS,on December 2021, following noticeand
required b
Zoninglaw, the City Council of the City of Paris conducted a public hearing on the proposed
amendment to the City and having Ordinance,considered recommendations
the Planning and Zoning Commission and the testimony and evidence introduced at said
aforementioned condition would be consistent with the Comprehensive Future Land Use
Plan of the City of Paris, City . bestinterests
of the public safety,, , of the citizens of the City of Parisby a vote
ayes linays.
NOW, THEREFORE,BE " DN . COUNCIL
PARIS,
Section at 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 ed is herebyamended to
of Paris, Lamar County, Texas, from a Neighborhood Service District (NS) to a Neighborhood
Service District (NS) with a Specific Use Permit (SUP) with the condition that the SUP shall
expire and terminate with a change in occupancy converting the residence accessory
structure back to a business use unless approved by amendment to the SUP.
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. 1.01.009 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 13th day of December, 2021, by the City Council of
the City of Paris, in regular session, following notice and publication as required by law.
Paula Portugal, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney