19 - Zoning Change from Commercial District to Multiple Family Dwelling District - Block 317 - 3400 Block NE Loop 286 - LCAD 111362Item No. 19
Memorandum
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 Mark
Cunningham for a change in zoning from a Commercial District (C) to a
Multiple -Family Dwelling District No. 1 (MF -1) in the City of Paris, Block 317,
Lot 2-E, A524 J Leach Survey, Acres 2.77, 3400 Block NE Loop 286, LCAD
111362.
DATE: August 22, 2022
BACKGROUND
The applicant seeks a change in zoning in order to construct duplex apartments on the property.
The ability to provide for new affordable duplex housing in this portion of the City is a positive
step in helping to achieve the goal of more decent, safe and affordable housing opportunities
in the community. The site is currently zoned Commercial, but is inconsistent with the
adjoining residential uses to the North and South. The commercial land use to the West is 175
ft. away which provides ample transitional buffer space for the proposed new residences. The
access to the area from NE Loop 286 along Ruby Ln. provides for ample traffic access to the
new development site. Ruby Ln. may also be extended East in the future due to possible plans
to develop this adjacent vacant 40 acres of land. There is sufficient water and sewer utility
services available to the site to support medium density duplex residential. This development
will also afford the opportunity to loop water lines in this area which be a benefit for the larger
area by improving both static and residual water flows for improved fire protection for the
neighborhood.
At its 8/5/22 meeting the Planning & Zoning Commission recommended approval.
RECOMMENDATION
Staff and the P&Z recommends approval of rezoning from Commercial District (C) to a
Multiple -Family Dwelling District No. 1 (MF -1).
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
317, LOT 2-E, A524 J LEACH SURVEY 2.77 ACRES, LOCATED IN THE 3400
BLOCK OF NE LOOP 286, (LCAD 111326) PARIS, LAMAR COUNTY, TEXAS,
FROM A COMMERCIAL DISTRICT (C) TO A MULTIPLE -FAMILY DWELLING
DISTRICT NO. 1 (MF -1); 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 317,
Lot 2-E, A524 J Leach Survey, (LCAD 111362) 2.77 acres, located in the 3400 Block of NE
Loop 286, Paris, Lamar County, Texas, from a Commercial District (C) to a Multiple -family
Dwelling District No. 1 (MF -1); and
WHEREAS, on August 1, 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 said hearing, made formal
recommendation to the City Council to approve the requested zoning; and,
WHEREAS, on August 22, 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 317, Lot 2-E, A524 J Leach Survey, (LCAD 111362) 2.77 acres,
located in the 3400 Block of NE Loop 286, Paris, Lamar County, Texas, from a Commercial
District (C) to a Multiple -family Dwelling District No. 1 (MF -1).
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 22nd day of August, 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