14 - Amend Zoning - Specific Use Permit in the East Park Addition, Block C - Lot 12 - 951 E. HickoryItem No. 14
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TO: Mayor, Mayor Pro Tem and 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 Carolyn Akins
for a Specific Use Permit (SUP) in a Neighborhood Service District (NS) for a one -
family dwelling home in the East Park Addition, Block C, Lot 12, located at 951 E
Hickory- LCAD 11030
MTG. DATE: June 27, 2022
BACKGROUND
The applicant proposes to reconstruct a fire damaged business and remodel the property into a
single family residence. Single family homes were amended in the zoning ordinance last year to
only be permitted with an SUP in the NS District. The surrounding neighborhood is principally
all single family homes so the proposed conversion of use is more consistent with surrounding
current land uses than the actual zoning of the site. The remodel will be for only the existing
footprint, so there is no issue or concerns with regard to setbacks. A dwelling would normally be
required to have a paved driveway. The value of the remodeling on the application is a flat fee at
.30 cents per square foot, or 1,500 x .3 = $450 permit fee. No actual value for the improvements
were stated on the application, but are substantial given the actual amount of fire damaged
sustained. The point here is that the current driveway areas on two sides are gravel. Ordinance
requires the driveway to be paved from a paved roadway. Therefore, it is reasonable to consider
imposing a condition that will require the paving of the two minimum parking spaces and the
driveway connection to the street for the project and any remaining parking areas not intended to
be paved be returned to greenspace. This is a result of the conversion of use in the NS District.
Any reversion of use from the new residential purposes back to any business use will require an
amendment to the SUP. The request was approved by the P&Z at its 6/6/22 meeting.
ANALYSIS
Section 8. Use of Land and Buildings, A One -Family Dwelling Detached must have a Specific Use Permit
to locate in a Neighborhood Service District (NS) in the City of Paris, Texas.
Section 12-101 further requires that: "The city staff shall review and recommend said Special
Use Permit request and the Planning and Zoning Commission in considering and determining
Page 1 of 2
its recommendation and the City Council on any request for a Specific Use Permit shall require
from the applicant Site plans and supportive plans, information, operating data and expert
evaluation concerning the location, function and characteristics of any building or use
proposed. The City Council may, in the interest of the public welfare and to assure compliance
with this ordinance, establish conditions of operation, location, arrangement and construction
of any use for which a permit is authorized. In authorizing the location of any of the uses listed
as Specific Use Permits, the City Council may impose such development standards and
safeguards as the conditions and location indicate important to the welfare and protection of
adjacent propertyfrom excessive noise, vibration, dust, dirt, smoke, fumes, gas, odor, explosion,
glare, offensive view or other undesirable or hazardous condition."
The applicant in this request has submitted plans and an application for remodeling of an existing
commercial building into a new residential dwelling at this site. Although remodeling work began
without a permit, all required permits for the remodeling will be issued once the SUP is first
approved. No issues are anticipated. Any future reversion of use from the new residential
occupancy back to any business use will require an amendment to the SUP.
INPUTS
None have been received as of this date.
RECOMMENDATION
Staff recommends approval of the SUP for a single-family residence in an NS District, subject to
the following condition:
1. The driveway and accommodation for two parking spaces on the property shall be paved
and no other parking spaces shall remain unpaved as a building permit approval
requirement.
2. There shall be no final inspection for occupancy until a paved driveway is constructed with
room for two paved on-site parking spaces as required by Section 10 Off -Street Parking
and Loading Regulations of the City's Zoning Ordinance.
Page 2 of 2
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 ALLOW A SPECIFIC USE PERMIT
(SUP) IN A NEIGHBORHOOD SERVICE DISTRICT (NS) FOR A ONE -FAMILY
DWELLING HOME IN THE EAST PARK ADDITION, BLOCK C, LOT 12,
LOCATED AT 951 E. HICKORY, LCAD# 11030, IN THE CITY OF PARIS,
LAMAR COUNTY, TEXAS; 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 allow a specific use permit (SUP)
in a neighborhood service district (NS) for a one -family dwelling home in the East Park
Addition, Block C, Lot 12, located at 951 E. Hickory, LCAD# 11030, in the City of Paris, Lamar
County, Texas; and,
WHEREAS, on June 6, 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 allowing a specific use permit for a neighborhood service
district (NS) for a one -family dwelling district and, following said hearing, made formal
recommendation to the City Council to approve the requested specific use permit subject to
the following conditions:
1. The driveway and accommodation for two parking spaces on the property
shall be paved and no other parking spaces shall remain unpaved as a
building permit approval requirement.
2. There shall be no final inspection for occupancy until a paved driveway is
constructed with room for two paved on-site parking spaces as required by
Section 10 Off -Street Parking and Loading Regulations of the City's Zoning
Ordinance; and,
WHEREAS, on June 27, 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 specific use permit with the listed conditions
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
allow a specific use permit (SUP) in a neighborhood service district (NS) for a one -family
dwelling home in the East Park Addition, Block C, Lot 12, located at 951 E. Hickory, LCAD#
11030, in the City of Paris, Lamar County, Texas subject to the following conditions:
1. The driveway and accommodation for two parking spaces on the property shall be
paved and no other parking spaces shall remain unpaved as a building permit
approval requirement.
2. There shall be no final inspection for occupancy until a paved driveway is
constructed with room for two paved on-site parking spaces as required by Section
10 Off -Street Parking and Loading Regulations of the City's Zoning Ordinance.
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 27th day of June, 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