09 - ZONING CHANGE FOR PROPERTY LOCATED AT 1836 BUTLER LN.Item No. 9
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 1836 BUTLER LN.
DATE: May 5, 2015
BACKGROUND: This application is for a public hearing to consider the petition of Shabecka
Wilson for a change in zoning from a Single Family 3 District (SF -3) to a Single Family 3
District (SF -3) with a Specific Use Permit (39) for a mobile home on Lot 22, City Block 297,
being located at 1836 Butler Ln. The applicant is the owner and current occupant of the property.
The Planning & Zoning Commission voted to approve the zoning request by a vote of 5 -0 at its
May 4th meeting. Two people spoke in favor of the request and no one spoke in opposition.
STATUS OF ISSUE: The city staff has determined the following findings:
(A) Existing Land Use: The current use of the property is a single family mobile home.
(B) Existing Zoning of the Subject Property: This subject property is currently zoned Single
Family 3 (SF -3).
(C) Proposed Land Use for the Subject Property: The applicant wishes to occupy the lot as a
single family mobile home.
(D) Proposed Zoning of the Subject Property The applicant is requesting Single Family 3 (SF-
3) with a Specific Use Permit (39) for a mobile home.
(E) The Future Land Use Plan (FLUP) within the Comprehensive Plan: The lot is recommended
for Manufactured Housing (MH) uses.
(F) Factors City Staff Considered Regarding Its Recommendation:
(1) The subject property is surrounded by single family and agricultural uses.
(2) The property was originally issued a Specific Used Permit (39) for a mobile home in
1997 (Ordinance 97 -021). The applicant has owned and occupied that mobile home since
that time.
(3) The applicant is the current owner and occupant of the subject property, and wishes to
exchange an older mobile home with a new mobile home.
(4) The Future Land Use Plan recommends manufactured housing for this area.
These factors, taken collectively, have encouraged the city staff to recommend approval of the
applicant's request.
RECOMMENDATION: Approval a change in zoning from a Single Family 3 District (SF -3) to
a Single Family 3 District (SF -3) with a Specific Use Permit (39) for a mobile home on Lot 22,
City Block 297, being located at 1836 Butler Ln.
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 22, CITY
BLOCK 297, BEING LOCATED AT 1836 BUTLER LANE, IN THE CITY OF
PARIS, LAMAR COUNTY, TEXAS, FROM A ONE - FAMILY DWELLING
DISTRICT NO. 3 (SF -3) TO A ONE - FAMILY DWELLING DISTRICT NO. 3
(SF -3), ADDING A SPECIFIC USE PERMIT (39) FOR A MOBILE HOME TO
THE EXISTING PROPERTY; 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 22, City Block 297,
located at 1836 Butler Lane, City of Paris, Lamar County, Texas, from a One- Family
Dwelling District No. 3 (SF -3) to a One- Family Dwelling District No. 3 (SF -3) with a
Specific Use Permit (39) for a mobile home; and
WHEREAS, on May 4, 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 May 11, 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 22, City Block 297, being located at 1836 Butler lane, in the City of Paris,
Lamar County, Texas, from One- Family Dwelling District No.3 (SF -3) to a One- Family
Dwelling District No. 3 (SF -3), with a Specific Use Permit (39) for a mobile home.
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 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 11th day of May, 2015.
Matt Frierson, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney