20 - Zoning Amendment from Agricultural to a Planned Development - Block 351 and 352Item No. 20
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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: Consider and take action regarding the petition of Nathan Spaulding on behalf
of Benton Rainey for a change in zoning from an Agricultural District (A) to a
Planned Development District (PD) in the City of Paris, Block 351, Lot PT of
8, Acres 76.262, City of Paris, Block 352, Lot 6 & Block 351, Lot PT of 8, acres
91.627, City of Paris, Block 351, Lot PT of 9, Acres 19.2693, located in the
3300 Block of Jefferson Rd- LCAD 22769, 109121, and 106259.
MTG. DATE: September 26, 2022
BACKGROUND
At its meeting held on September 12, 2022 the City Council approved the rezoning for the
Forestbrook Estates by adding 3 new conditions of approval to the 2 recommended conditions
by the P&Z.
These added conditions included:
1. SF -3 for all single family Lot size and dimension requirements.
2. 15 ft. front yard setbacks for all single-family lots.
3. Asphalt streets.
The original recommended conditions are as follows:
1. The developer shall submit a Traffic Impact Analysis (TIA) according to TX DOT
requirements for review with the Master Development Plat.
2. The developer shall enter into a Development Agreement with the City of Paris for
construction of the major arterial roadway upon approval of the Master Development
Plat and prior to approval of the final plat for the first phase of development.
The Council also directed Staff to prepare an ordinance consistent with approval for the 5
conditions and to return the ordinance for final approval at its meeting on 9/26/22.
At its meeting held on July 5, 2022, the Planning & Zoning Commission recommended
approval of this request to rezone from A to PD for the Forestbrook Estates from the applicant
Nathan Spaulding.
Page 1 of 3
Over the course of time on this project the Planning & Zoning Commission, City Council, Staff
and Developer have reviewed the new proposed master planned development known as the
Forestbrook Estates. This dates back to the first joint -work session held with Council and P&Z
on 4/7/22. At that time and moving forward, there is a strong consensus of support for
development approvals. The developer has worked with staff to incorporate the upgraded
arterial roadway plan into the Planned Development to accommodate higher density residential
and commercial development. A Traffic Impact Analysis (TIA) was required by TX DOT for
connection to their roadway, but as of this date, has not been submitted by the developer. Staff
has developed a financing strategy for the city to pay for I/2 of the construction of a new 4 -lane
divided arterial street currently known as the `New Jefferson Connection' along a proposed
route from SE Loop 286 approximately 4,000 L.F. into the development. This 80 ft. strip is
where a former rail line was abandoned back to the property owner of this land. Following that
time an access easement affording rights to the land owner to the north was also set in place
where approximately 22 acres of `non -wetland' buildable area is available. Discussions
between the developer and adjacent land owner are underway to share in this other %2 cost of
this new major arterial. Cost estimates will be prepared by the City Engineer for this project
prior to approval of the Master Plat and included in the recommended development agreement
prior final approval by the City Council.
A school site of approximately 9 acres and parkland is planned for donation to the school for
a new elementary school. There is also approximately 40 acres, most in the flood plain at the
North end of this nearly 200 acre development site, which is also planned for donation to the
City of Paris.
The developer's original plan breaks down the near 200 acres for the PD by acres as follows:
Zoning Acreage and Lot Count Overview
Phase One
Single-family 183 lots (current concept plan, subject to revision for SF -3)
Mixed-use 9.57 acres
Remaining Phases
Single-family 57 lots (current concept plan, subject to revision for 12.39
acres for SF -3)
Multi -family 10.29 acres
Commercial 6.6 acres
Mixed-use 6.7 acres
Elementary School Land Donation 9.15 acres
City Park Land Donation 40+ acres
Again, this initial rezoning approval of the PD will be the third of the required 3 development
approvals. The amendment to the Comprehensive Plan FLUM and Master Thoroughfare Plan
were previously approved by the City Council at its meeting on July 25t". Since this time the
developer brought to the table a large tract home builder with interest in completing the
Page 2 of 3
southern phase of this development with principal access from Old Jefferson Street. The new
home builder indicated to the developer that a variety of lot size, width and depth modifications
are needed for the mixed single family housing concepts consistent with their past projects.
These proposed deviations to the ordinance are now included in the PD as deviations to allow
the flexibility for the new development.
It is anticipated and that the TIA and other detailed engineering site considerations will be
provided with much more detail for this multi -phased project with the Master Platting and
Preliminary Plat approvals for the next phase of the project. This is the final zoning approval
for the entire Planned Development.
RECOMMENDATION
Staff recommends approval of the change in zoning from an Agricultural District (A) to a
Planned Development District (PD) for Forestbrook Estates, subject to the following 5 PD
Conditions:
1. The developer shall submit a Traffic Impact Analysis (TIA) according to TX DOT
requirements for review with the Master Development Plat.
2. The developer shall enter into a Development Agreement with the City of Paris for
construction of the major arterial roadway upon approval of the Master Development Plat
and prior to approval of the final plat for the first phase of development.
3. The single-family lots may all be designed to be approved according to the minimum lot
size and dimension requirements of the SF -3 Zoning District on the approved preliminary
and final
4. The single-family lots may all be approved for reduced front yard setbacks of 15 feet on the
approved preliminary and final plats.
5. With the exception of the major arterial street which shall be designed and approved with
concrete pavement, all streets in the PD may be approved for construction with asphalt
pavement and laydown surmountable curb and gutter.
Page 3 of 3
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
351, LOT PT OF 8, 76.262 ACRES, CITY OF PARIS, BLOCK 352, LOT 6,
BLOCK 351, LOT PT OF 8, 91.627 ACRES, AND CITY OF PARIS, BLOCK 351,
LOT PT OF 9, 19.2693 ACRES, LOCATED IN THE 3300 BLOCK OF
JEFFERSON ROAD (LCAD 22769,109121, AND 106259), IN THE CITY OF
PARIS, LAMAR COUNTY, TEXAS, FROM AN AGRICULTURAL DISTRICT (A)
TO A PLANNED DEVELOPMENT DISTRICT (PD); 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 351,
Lot Pt of 8, 76.262 acres, City of Paris Block 352, Lot 6, Block 351, Lot Pt of 8, 91.627 acres,
and City of Paris Block 351, Lot Pt of 9, 19.2693 acres, located in the 3300 Block of Jefferson
Road (LCAD 22769, 109121, and 106259), in the City of Paris, Lamar County, Texas, from an
Agricultural District (A) to a Planned Development District (PD); and
WHEREAS, on July 5, 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 July 25, 2022, following notice and publication as required by law, the
City Council convened a public hearing, took no testimony, and continued same until August
22, 2022; and
WHEREAS, on August 22, 2022, following notice and publication as required by law,
the City Council of the City of Paris convened a public hearing, took no testimony, and
continued same until September 12, 2022; and
WHEREAS, on September 12, 2022, the City Council of the City of Paris reconvened
the 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 and requested that the
city attorney prepare an ordinance reflecting conditions articulated at the public hearing;
and
WHEREAS, on September 26, 2022, the City Council, having reviewed same, foun,
and determined that approving the aforesaid zoning change would be consistent with t
Comprehensive Future Land Use Plan of the City of Paris, consistent with the City Zoni
Ordinance and in the best interes '0 J
ts 00h1iLp '1L
P101hil
the City of Paris and approved the zoning change from Agriculture (A) to Planne
Development (PD) by a vote of yeasto — nays.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section
® That the findings set out in the preamble to this ordinance are hereby in
all things approved.
1. The developer shall submit a Traffic Impact Analysis (TIA) according to TX DOT
requirements for review with the Master Development Plat.
2. The developer shall enter into a Development Agreement with the City of Paris for
construction of the major arterial roadway upon approval of the Master Development Plat
and prior to approval of the final plat for the first phase of development.
3. The single-family lots may all be designed to be approved according to the minimum lot
size and dimension requirements of the SF -3 Zoning District on the approved preliminary
and final plats.
The single-family lots may all be approved for reduced front yard setbacks of 15 feet on
the approved preliminary and final plats.
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 26th day of September, 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