10 - ZONING CHANGE FOR PROPERTY LOCATED AT 805 N. MAIN ST.Item No. 10
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 805 N. MAIN ST.
DATE: May 5, 2015
BACKGROUND: This application is for a public hearing to consider the petition of Marx Offutt
for a change in zoning from a Commercial (C) to a Commercial District (C) with a Specific Use
Permit (SUP) #55 on Lot 1, Block A of the Offutt Properties LLC #2 addition, being located at
805 N. Main St. The Planning & Zoning Commission voted to approve the zoning request by a
vote of 5 -0 at its May 4th meeting. One person 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 eastern half of the lot is currently being used for used car
dealership. The western half of the lot is vacant.
(B) Existing Zoning of the Subject Property: This subject property is currently zoned
Commercial (C).
(C) Proposed Land Use for the Subject Property: The applicant wishes to construct storage
buildings on the western half of the lot.
(D) Proposed Zoning of the Subject Property: The applicant is requesting Commercial Zoning
with a Specific Use Permit (SUP) #55 on the property.
(E) The Future Land Use Plan (FLUP) within the Comprehensive Plan: The lot is recommended
for Retail (R) uses.
(F) Factors City Staff Considered Regarding Its Recommendation:
(1) This subject property is bounded by commercial uses on all sides.
(2) One building exists on the eastern half of the site and serves as the used car business
office.
(3) The property is platted and utilities exist to the site.
These factors, taken collectively, have encouraged the city staff to recommend approval of the
applicant's request.
RECOMMENDATION: Approve a change in zoning from a Commercial (C) to a Commercial
District (C) zoning with a Specific Use Permit (SUP) #55 on Lot 1, Block A of the Offutt
Properties LLC #2 addition, being located at 805 N. Main St.
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, OFFUTT PROPERTIES, LLC ADDITION NO. 2 CB 94, BEING
LOCATED AT 805 NORTH MAIN STREET, IN THE CITY OF PARIS, LAMAR
COUNTY, TEXAS, FROM A COMMERCIAL DISTRICT (C) TO A
COMMERCIAL DISTRICT (C); ADDING A SPECIFIC USE PERMIT (55) FOR
A SELF STORAGE /MINI WAREHOUSE 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 1, City Block A, Offutt
Properties, LLC Addition No. 2 CB 94, being located at 805 North Main Street, in the City of
Paris, Lamar County, Texas, from a Commercial District (C) to a Commercial District (C),
with a Specific Use Permit (55) for a Self Storage /Mini Warehouse; 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 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, City Block A, Offutt Properties, LLC Addition No. 2 CB 94, being located at
805 North Main Street, in the City of Paris, Lamar County, Texas, from a Commercial
District (C) to a Commercial District (C), with a Specific Use Permit (55) for a Self
Storage /Mini Warehouse.
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 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 11th day of May, 2015.
Matt Frierson, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney