16 - NEW ZONING USE CLASSIFICATIONItem No. 16
memorandum
TO: City Council
John Godwin, City Manager
FROM: Shawn Napier, P.E.
Director of Engineering, Planning & Development
SUBJECT: NEW ZONING USE CLASSIFICATION
DATE: March 3, 2015
BACKGROUND: Mr. Allen Hughes is in the process of purchasing the old Oliver Rubber and
Superior Switchboard properties located on NW Loop 286. He would like to clean up the
properties and create a flea market similar to Canton, Texas or Traders Village. He has stated he
would like to do the following:
1. Flea market
2. Auction house
3. Private party rental / open building
4. Benefit fund raisers
5. Car shows
6. Light manufacturing
7. Paid parking
8. Restaurant
9. Private club & steakhouse
10. Storage buildings / warehouses
Attached are two letters from Mr. Hughes describing what will take place. The Planning and
Zoning Commission approved creating the new use of flea market and allowing it in a Planned
Development District (PD) and Light Industrial (LI) zoning with a Specific Use Permit (SUP) on
a 5 -0 vote.
STATUS OF ISSUE: Section 8 -109 of the Zoning Ordinance lists the process to follow when a
new and unlisted use is not listed in the current zoning ordinance. This process starts with P &Z
making a determination as to the appropriate zoning classification for the unlisted use. The next
step is for that recommendation to be presented to City Council for action.
Staff has reviewed the possible uses and matched some of them with already listed uses. The
first two are not listed. One of the listed uses in the zoning ordinance is "Fairground or
Exhibition Area" which could encompass item numbers 3 through 5. The other items are listed
in the zoning ordinance. The common denominator to these items is Light Industrial (LI) and
Planned Development (PD). By only allowing this potential use in a Planned Development (PD)
or Light Industrial District (LI) with a Specific Use Permit (SUP) this would give City Staff,
Planning & Zoning Commission and City Council more control over what was allowed or not
allowed in the zoning district. Staff does not recommend allowing vehicle or large equipment
auctions under this proposed use.
Flea Market would be defined as an outdoor or covered market at a location at which booths or
similar spaces are rented or otherwise made temporarily available to two or more persons and at
which the persons offer tangible personal property for sale. Outdoor auctions are not permitted
under this use.
BUDGET: N/A
RECOMMENDATION: Create a Flea Market use that will be allowed in a Planned
Development (PD) zoning and Light Industrial (LI) zoning with a Specific Use Permit (SUP).
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS;
ACTING ON THE FINDINGS AND RECOMMENDATIONS OF THE CITY
PLANNING AND ZONING COMMISSION PURSUANT TO SEC. 8 -109 OF THE
CITY ZONING ORDINANCE REGARDING THE PROPER ZONING
CLASSIFICATION FOR A NEW AND UNLISTED USE DESCRIBED AS A FLEA
MARKET; MAKING OTHER DETERMINATIONS CONCERNING THE
CLASSIFICATION OF SUCH USE; DIRECTING THAT A ZONING ORDINANCE
AMENDMENT BE PREPARED AND BROUGHT FORWARD CONSISTENT
WITH THIS RESOLUTION; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, Sec. 8 -109 of the City Zoning Ordinance provides a process where new
or unlisted uses are referred to the Planning and Zoning Commission requesting an
interpretation thereon as to the appropriate zoning classification into which such new use
may be placed; and
WHEREAS, at a meeting of the Planning and Zoning Commission held on March 2,
2015, the Commission received input from city staff and members of the public regarding
the appropriate zoning classification for flea markets in the City of Paris, Texas; and
WHEREAS, the Planning and Zoning Commission voted 5 -0 to propose a new use
"Flea Market" to be added to the City's Schedule of Uses for Planned Development
districts and by specific use permit only in Light Industrial Zoning districts; and
WHEREAS, in conformance with Sec. 8 -109 of the City Zoning Ordinance, the City
Council considered the recommendation of the Planning and Zoning Commission regarding
the creation of a new use, to wit: "Flea Market" and determined that said use is best suited
for Planned Development and Light Industrial Zoning Districts by specific use permit.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS, THAT:
Section 1. The findings set out in the preamble to this resolution are hereby in
all things approved.
Section 2. That a new use category for "Flea Market" be added to the City's
Zoning Ordinance and allowed in Planned Development (PD) zoning district and by specific
use permit only in Light Industrial (LI) zoning districts in the City of Paris, Texas.
Section 3. That a new use category for "Flea Market" be defined as an outdoor
or covered market at a location at which booths or similar spaces are rented or otherwise
made temporarily available to two or more persons and at which the persons offer tangible
personal property for sale. Outdoor auctions are not permitted under this use.
Section 4. That City staff is hereby directed to prepare and present to the
Planning and Zoning Commission a formal amendment to the City Zoning Ordinance
designating a new use, to wit: "Flea Market" to be allowed in Planned Development district
and by specific use permit only in Light Industrial ( "Ll ") zoning districts and to include such
other definitions or terms as needed to implement this resolution.
Section 5. This resolution shall be effective immediately upon passage.
PASSED AND APPROVED this 9th day of March, 2015.
Matt Frierson, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney