14 - ZONING CHANGE REQUESTItem No. 14
memorandum
TO: City Council
John Godwin, City Manager
FROM: Alan Efrussy, AICP, Planning Manager
SUBJECT: ZONING CHANGE FROM A PLANNED DEVELOPMENT DISTRICT (PD—
a) RETAIL SHOPPING CENTER TO GENERAL RETAIL DISTRICT FOR A CHURCH
ADDITION AT 3175 LAMAR AVENUE
DATE: February 3, 2015
BACKGROUND: This application is for a public hearing to consider the petition of the Paris
Church of Christ for a change in zoning from a Planned Development District (PD —a): retail
shopping center to a General Retail District (GR). The subject property is located on Lot 1,
Block A, of the Paris Church of Christ Addition CB 296, being located at 3175 Lamar Avenue.
STATUS OF ISSUE: The city staff has determined the following findings:
(A) Existing Land Use: The Paris Church of Christ presently exists on this property.
(B) Existing Zoning of the Subject Propert y: This property is currently zoned Planned
Development District (PD —a), which is designated for a Retail Shopping Center.
(C) Proposed Land Use: The proposed land use consists of enlarging the existing fellowship
room, by attaching (to the existing church) an addition of a 16' by 32' structure (512 square
feet). This addition is intended to only be used mainly as a fellowship meeting room; it will be
one larger meeting room when included with the existing fellowship room.
(D) Proposed Zoning of the Subject Propert y: Since the current zoning is a PD —a, any additions
to this zoned property requires an amendment to the planned development site plan; the church
representatives however, prefer to not go through this site plan process and therefore have
selected a zoning alternative that does not require the Planning and Zoning Commission or the
City Council approval. The requested zoning by the church representatives is General Retail
(GR), which allows a church or rectory by right, and without a public hearing for approval of a
site plan before the Commission and Council. (Of course, approval of a building permit requires
a site plan by the Paris building official, but that is approved administratively by that staff
person; this is the typical procedure for all physical developments in Paris.)
(E) The Future Land Use Plan (FLUP) within the Comprehensive Plan: The FLUP recommends
Retail (R) for this property. Further, the FLUP recommends Retail uses adjacent to, and east,
west, and south of this subject property along the Lamar Avenue corridor. Retail uses are
compatible with uses allowed in the General Retail (GR) zoning district. Staff therefore supports
this zoning change request.
RECOMMENDATION: The City Council approve this request for a zoning change from a
Planned Development District (PD —a) to a General Retail District (GR) at 3175 Lamar Avenue.
DRAFT
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 LOT 1, CITY
BLOCK A, OF THE PARIS CHURCH OF CHRIST ADDITION CB 296, BEING
LOCATED AT 3175 LAMAR AVENUE, IN THE CITY OF PARIS, LAMAR
COUNTY, TEXAS, FROM A PLANNED DEVELOPMENT DISTRICT (PD -a)
TO A GENERAL RETAIL DISTRICT (GR); 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 Lot 1, City Block A, of the
Paris Church of Christ Addition CB 296, being located at 3175 Lamar Avenue, in the City of
Paris, Lamar County, Texas, from a Planned Development District (PD -a) to a General
Retail District (GR); and
WHEREAS, on February 2, 2015, 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 February 9, 2015, 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 Lot 1, Block A, of the Paris Church of Christ Addition CB 296, being located at
3175 Lamar Avenue, in the City of Paris, Lamar County, Texas, from a Planned
Development District (PD -a) to a General Retail District (GR).
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 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 6. 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 -6 of Chapter One 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.
PASSED AND ADOPTED on by the City Council of the City of Paris, in regular
session on this the 9th day of February, 2015.
Matt Frierson, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney