19 - Zoning Change Block A Lots1-4 Block 313 Lots 2C-2D-PT3-PT 4-3A-3B-3C-3DItem No. 19
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TO: Mayor, Mayor Pro Tem and City Council
Grayson Path, City Manager
FROM: Andrew Mack, AICP
SUBJECTS: Public hearing to consider and take action regarding the petition of the City
of Paris for a for a change in zoning from a dual zoning Commercial and
Light Industrial District (C&LI) to a Commercial District (C) in the RS
Enterprises Addition, Block A, Lots 1-4 and the City of Paris, Block 313,
Lots 2C, 2D, PT 3 & PT4, 3A, 3B, 3C and 3D.
DATE: March 28, 2022
BACKGROUND
The City of Paris initiated a change in zoning from C & LI for the entire area fronting on Lamar
Avenue south down to behind Jay Hodge Dealership. The City rezoned this area in 1985 to a
combined Commercial and Light Industrial District. This was a long time prior to the retail &
commercial development that has moved East outside the Loop. This is a highly unusual and
inappropriate district for a Zoning Ordinance. It is not a specific individual district, but rather a
combined district of both separate districts. With regard to regulating uses, it is very broad and
would imply potential negative impacts of potentially harmful industrial uses upon an adjoining
commercial/retail business. Therefore, it was appropriate for Staff to initiate having the Planning
& Zoning Commission and City Council consider changing these properties to a Commercial
only District. This highly unusual combined Zoning District is too permissive with regard to
any industrial uses that may be anticipated in a structure contained in the LI Zoning district.
At its public hearing conducted on March 7, 2022 the Planning & Zoning Commission (P&Z)
recommended denial of the City initiated application as guided by the City's Comprehensive
Plan. The reason for this recommendation was because there was one property owner that
objected to the change.
RECOMMENDATION
The P&Z recommended denial of the application. Should council concur with their
recommendation, then a motion to accept withdraw of the application should be approved.
Map For Agenda Item 19
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Area Dual Zoned C & LI
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0 250 500 1,000 Feet '��%� c & U
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 OF PARIS BLOCK A,
LOTS 1, 2, 3, AND 4, AND BLOCK 313, LOTS 2C, 2D, PART OF 3, PART OF 4,
3A, 3B, 3C, AND 3D, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM
A DUAL ZONING COMMERCIAL AND LIGHT INDUSTRIAL DISTRICT (C AND
LI) TO A COMMERCIAL DISTRICT (C); 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 Of Paris Block A, Lots
1, 2, 3, and 4, and Block 313, Lots 2C, 21), Part of 3, PART OF 4,3A, 3B, 3C, and 31), in the City
of Paris, Lamar County, Texas, from a Dual Zoning Commercial and Light Industrial District
(C AND LI) to a Commercial District (C); and,
WHEREAS, on March 7, 2022, 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 the public hearing voted to deny the amendment
and made a formal recommendation to the City Council to deny same, thus requiring a three-
quarters (3/4) vote of the City Council to approve the rezoning of the property; and,
WHEREAS, on March 28, 2022, 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 Of Paris Block 189, Lots 5, 6, And 7, located at 1306 Bonham Street, in the City of
Paris, Lamar County, Texas from a Commercial District (C) to a Multiple -Family District
(MF2)
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. 1.01.009 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 28th day of March, 2022, 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