13 - ZONING CHANGE FOR PROPERTY LOCATED AT 4100 S.E. LOOP 286Item No. 13
memorandum
TO: City Council
John Godwin, City Manager
FROM: Shawn Napier, P.E., Director of Engineering, Planning & Development
SUBJECT: ZONING CHANGE FOR PROPERTY LOCATED AT 4100 S.E. LOOP 286
DATE: March 3, 2015
BACKGROUND: This application is for a public hearing to consider the petition of Don
Howell for a change in zoning from a Neighborhood Service District (NS) to a Commercial
District (C) on Lot 4A, City Block 354, being located at 4100 S.E. Loop 286. The applicant is
the owner of the subject property. Mr. Howell was the only person to speak during the public
hearing. The Planning and Zoning Commission approved the zoning change on a 5 -0 vote.
STATUS OF ISSUE: The city staff has determined the following findings:
(A) Existing Land Use: Approximately 60% of the lot is covered by the 100 year flood plain
and a power line along the western side of the property. A small house is located on the south
side of the lot.
(B) Existing Zoning of the Subject Property: This subject property is currently zoned
Neighborhood Service District (NS).
(C) Proposed Land Use for the Subject Property: The applicant wishes to develop the lot for
commercial businesses.
(D) Proposed Zoning of the Subject Property: The applicant is requesting Commercial Zoning
on the property.
(E) The Future Land Use Plan (FLUP) within the Comprehensive Plan: The lot is recommended
for Moderate — Density Residential (MDR) use (which is a two — family residential dwelling unit
designation).
(F) Factors City Staff Considered Regarding Its Recommendation:
(1) This subject property is bounded by flood plain designated land immediately to the north
and east, Loop 286 is on the west side of the lot and the existing zoning on the other three
sides is Agricultural (A).
(2) The adjacent property (proposed Paris Lakes Medical Center) to the south and east has
also requested a change in zoning to Commercial (C).
(3) This property is largely isolated and buffered from other relatively nearby single — family
residential development. The nearest residential homes are across Loop 286 and over
700 -feet away.
(4) Approximately 0.6 acres of the 1.634 acres lot could currently be developed because of
flood plain and power lines.
These factors, taken collectively, have encouraged city staff to recommend approval of the
applicant's request.
RECOMMENDATION: Recommend approval of a change in zoning from a Neighborhood
Service District (NS) to a Commercial District (C) on Lot 4A, City Block 354, being located at
4100 S.E. Loop 286.
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 4A, CITY
BLOCK 354, BEING LOCATED AT 4100 S.E. LOOP 286, IN THE CITY OF
PARIS, LAMAR COUNTY, TEXAS, FROM A NEIGHBORHOOD SERVICE
DISTRICT (NS) TO A COMMERCIAL DISTRICT (C); 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 4A City Block 354,
being located at 4100 S.E. Loop 286, in the City of Paris, Lamar County, Texas, from a
Neighborhood Service District (NS) to a Commercial District (C); and
WHEREAS, on March 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 March 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 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 4A, City Block 354, being located at 4100 S.E. Loop 286, in the City of Paris,
Lamar County, Texas, from a Neighborhood Service District (NS) to a Commercial District
(C).
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 -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 March, 2015.
Matt Frierson, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney