14 - ZONING CHANGE FOR PROPERTY LOCATED AT 2675 41ST ST. S.E.Item No. 14
memorandum
TO: The Planning and Zoning Commission
FROM: Shawn Napier, P.E., Director of Engineering, Planning & Development
SUBJECT: ZONING CHANGE FOR PROPERTY LOCATED AT 2675 41St ST. S.E.
DATE: February 24, 2015
BACKGROUND: This application is for a public hearing to consider the petition of Ron Parker
for a change in zoning from an Agricultural (A) and One - Family Dwelling District (SF -2) to a
Commercial District (C) on part of Tract 1 and 4 in the J. Leach survey A524, being located at
4100 S.E. Loop 286. The applicant is the owner of this 40 acre subject property. Mr. Parker was
the only speaker 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: The 40 acres is undeveloped with part of the north end covered by a
100 year flood plain from Big Sandy Creek.
(B) Existing Zoning of the Subject Property This subject property is currently zoned
Agricultural (A) and One - Family Dwelling District (SF -2).
(C) Proposed Land Use for the Subject Property_ The applicant wishes to develop the lot for a
hospital, medical office buildings, hotel, restaurant, helicopter landing pad and retail shopping
area.
(D) Proposed Zoning of the Subject Propert. The applicant is requesting Commercial Zoning
on the property.
(E) The Future Land Use Plan (FLUP) within the Comprehensive Plan: The lot has two
different recommended uses which are Low — Density Residential (LDR) use (which is a one —
family residential dwelling unit designation) and 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,
Loop 286 and FM 905 (41St St. SE) on the west side, agricultural property to the east and
a large acreage single family home to the south.
(2) The adjacent property (owned by Don Howell) to the north has also requested a change in
zoning to Commercial (C).
(3) This property is buffered from nearby single — family residences by FM 905 (41st St. SE)
which has an 80 -foot wide Right -of -Way (ROW). The nearest residential homes are
across FM 905 (41st St. SE) from the proposed development. The houses that are
opposite the roadway are setback approximately 45 —feet from the ROW line.
(4) The proposed property uses include hospital, medical office buildings, hotel, retail
shopping center, restaurant and helicopter landing pad. All of these zonings fit into either
General Retail (GR) or Commercial (C) with the exception of the helicopter landing pad
which is only allowed in Commercial (C) Zoning.
These factors, taken collectively, have encouraged the city staff to recommend approval of the
applicant's request.
RECOMMENDATION: Recommend approval of a change in zoning from an Agricultural (A)
and One - Family Dwelling District (SF -2) to a Commercial District (C) on 40 acres described as
part of Tract 1 and 4 in the J. Leach survey A524, 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 1, BLOCK A
OF THE PARIS LAKES MEDICAL CENTER, LLC ADDITION 346, BEING
LOCATED AT 2675 41ST ST. S.E. IN THE CITY OF PARIS, LAMAR COUNTY,
TEXAS, FROM AN AGRICULTURAL (A) AND ONE- FAMILY DWELLING
DISTRICT (SF -2) 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 1, Block A of the Paris
Lakes Medical Center, LLC Addition 346, being located at 2675 41St St. S.E., in the City of
Paris, Lamar County, Texas, from an Agricultural (A) and One- Family Dwelling District (SF-
2) 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 1, Block A of the Paris Lakes Medical Center, LLC Addition 346, being located
at 2675 41St St. S.E. in the City of Paris, Lamar County, Texas, from an Agricultural (A) and
One- Family Dwelling District (SF -2) 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