20 - Map Amendment Paradise Estates AdditionItem No. 20
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 map amendment from an Agricultural District (A) to a One -
Family Dwelling District No. 2 (SF -2) in the A571 J Moore Survey, Tract 3,
LCAD 52907 and all of Paradise Estates Addition north of Old Clarksville
Rd.
DATE: March 28, 2022
BACKGROUND
The City of Paris initiated a change in zoning from AG to a SF -2 for the entire Subdivision. The
City annexed the subdivision many years ago into the City Limits. At that time the City did not
change the zoning for the existing single family to a single family zoning district. Rather, when
property is annexed into the City Limits the default zoning district automatically becomes
Agricultural. In the past month or so, City Staff was contacted by a resident in the development
concerned about uses that are permitted under the City's Zoning Ordinance for agricultural
activities and structures. The most recent permit for the subdivision was for a barn as a primary
use of the property and a new privacy fence constructed.
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 two -fold. First, there were a number of residents
in the subdivision that were unclear as to what the City's intent was with the proposed changes
and what would and would not be permitted/allowed under the new SF -2 Zoning District.
Second, the P&Z was in a majority opinion that the City should not initiate wholesale zoning
changes for property unless specifically requested by a property owner. This, in Staff's opinion,
was a result of objections expressed at the hearing irrespective of City's adopted plan and 4 past
neighborhood rezoning initiatives by the City.
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 20
Parcels Affected by Item 20
0 375 750 1,500 Feet
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 PROPERTY LOCATED IN
THE A571 J MOORE SURVEY, TRACT 3, AND ALL OF PARADISE ESTATES
ADDITION NORTH OF OLD CLARKSVILLE RD., IN THE CITY OF PARIS,
LAMAR COUNTY, TEXAS, FROM AN AGRICULTURAL DISTRICT TO A ONE -
FAMILY DWELLING DISTRICT NO. 2 (SF -2) DISTRICT; 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 property located in the AS71 J
Moore Survey, Tract 3, and all of Paradise Estates Addition north of Old Clarksville Rd., in the
City of Paris, Lamar County, Texas, from an Agricultural District to a One -Family Dwelling
District No. 2 (SF -2) District; 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 property located in the A571 J Moore Survey, Tract 3, and all of Paradise Estates
Addition north of Old Clarksville Rd., in the City of Paris, Lamar County, Texas, from an
Agricultural District to a One -Family Dwelling District No. 2 (SF -2) District.
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 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