13 - SUP Child Care Center - 1905 E PriceRlsJn
TEXAS
Memorandum
Item No. 13
TO: Mayor, Mayor Pro -Tem and City Council
Grayson Path, City Manager
FROM: Duke McGee, Building Official, Assistant Director Community Development
SUBJECT: Conduct a public hearing to consider and take action regarding the petition of
Deborah Jackson on behalf of MLMC TX Investments LLC for a Specific Use
Permit- Child Care Center in a Multi -Family Dwelling District No. 2 (MF -2),
City of Paris, Block 220-A, Lot 9A & 6, LCAD 22040, located at 1905 E Price
St.
MTG. DATE: March 25, 2024
BACKGROUND
The applicant proposes to relocate her current out of town day care operations to 1905 E Price. This site
had been a day care center but was recently rezoned and remodeled for student housing. This recent
remodel made significant improvement to the site to include sprinklering the building. These
improvement have made the facility safer and more compliant for this type of use. A day care facility at
this location would provide needed services for working parents in the City. With easy access off of
Lamar, 19th and 20th traffic impact should be minimal.
ANALYSIS
Section 12-100 of the Zoning Ordinance requires that "The City Council of the City of Paris,
Texas, after public hearing and proper notice to all parties affected and after
recommendations by the Planning and Zoning Commission may authorize the issuance of
specific use permits for the following types of uses in the following districts:
(24) Nursery school, day nursery or kindergarten school in the A, SF -1, SF -2, SF -3 and the 2F
districts and the GR district.
Although, MF -2 is not specifically listed in item 24 above, the Land Use Matrix does require a
SUP for Day Cares in MF -2 Districts
Schedule of Uses A SF1 SF2 SF3 2F MF MF1 MF2 P O NS GR C CA LI HI PD PLI
Day Nursery or S S S S S S S S P S S PP P
Kindergarten
School
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
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 property from 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 applied for a Certificate of Occupancy and requested the State
mandated Fire Marshall inspection for Day Care Centers. No other changes to the existing
facility are planned other than signage change overs.
INPUTS
Staff have received 1 (one) input form in opposition to the SUP (from is attached)
P & Z RECOMMENDATION
P&Z Voted 6-0 to approve the SUP for a Day Care facility with conditions
RECOMMENDATION
Staff recommends approval of the SUP for a Day Care facility, subject to the following
conditions:
1. A Certificate of Occupancy shall be obtained.
2. The business owner shall comply with all required Federal, State and Local laws.
3. The SUP shall terminate upon the vacation of the premises and discontinuance of the
use at this location.
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) FOR A CHILD CARE CENTER IN A MULTI -FAMILY DWELLING
DISTRICT NO. 2 (MF -2) FOR CITY OF PARIS BLOCK 220-A, LOTS 9A AND
6, LOCATED AT 1905 E. PRICE STREET, LCAD NO. 22040; 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 for a specific use permit (SUP) for a
Child Care Center in a Multi -Family Dwelling District No. 2 (MF -2) for City of Paris Block 220-
A, Lots 9A and 6, located at 1905 E. Price Street, LCAD No. 22040; and,
WHEREAS, on March 4, 2024, 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 for an SUP for a Child Care Center in a Multi -Family
Dwelling District No. 2 (MF -2), 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 applicant shall obtain a Certificate of Occupancy.
2. The business owner shall comply with all federal, state, and local laws.
3. The SUP shall terminate upon the vacation of the premises and
discontinuance of the use at this location.
WHEREAS, on March 25, 2024, 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 stated
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 for Child Care Center in a Multi -Family Dwelling District No. 2
(MF -2), for City of Paris Block 220-A, Lots 9A and 68 located at 1905 E. Price Street, GCA D No.
22040 subject to the following conditions:
1. The applicant shall obtain a certificate of occupancy.
2. The business owner shall comply with all federal, state, and local laws.
3. The SUP shall terminate upon the vacation of the premises and
discontinuance of the use at this location.
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 Ordinancesā¢ and each and every day's
continuance of any violation of the ab ove-enum e rated 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 251h day of March, by the City Council of the City of
Paris, in regular session, following notice and publication as required by law.
Reginald B. Hughes, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney