12 - ZONING CHANGE FOR PROPERTY LOCATED AT 3015 CLARKSVILLE ST.Item No. 12
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 3015 CLARKSVILLE
ST.
DATE: May 5, 2015
BACKGROUND: This application is for a public hearing to consider the petition of Chris
Methven for a change in zoning from a General Retail District (GR) to a Commercial District (C)
on Lots 25 & 26, Block A of the Johnson Woods Estates addition, being located at 3015
Clarksville St. The applicant is leasing the subject property and has obtained approval from the
property owner to change the zoning on the property. The Planning & Zoning Commission
voted to deny the zoning request by a vote of 5 -0 at its May 4th meeting. No one spoke in favor
of the request, four people spoke in opposition and four letters were received in opposition to the
zoning change.
STATUS OF ISSUE: The city staff has determined the following findings:
(A) Existing Land Use: The most recent use of the property was an automobile window tinting
business.
(B) Existing Zoning of the Subject Property: This subject property is currently zoned General
Retail (GR).
(C) Proposed Land Use for the Subject Property_ The applicant wishes to occupy the lot as a
used car dealership.
(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 Retail (R) uses.
(F) Factors City Staff Considered Regarding Its Recommendation:
(1) This subject property is bounded by single family to the north, commercial uses to the
east, industrial (Philips Lighting) to the south, and multi- family to the west.
(2) The existing building on site appears to have originally been a gasoline service station.
(3) A commercial zoning district will allow uses which may not be compatible with adjacent
residential uses.
(4) The Future Land Use Plan does not recommend commercial land uses anywhere along
Clarksville St.
These factors, taken collectively, have encouraged the city staff to recommend denial of the
applicant's request.
RECOMMENDATION: Deny the change in zoning from a General Retail District (GR) to a
Commercial District (C) on Lots 25 & 26, Block A of the Johnson Woods Estates addition, being
located at 3015 Clarksville 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 25 & 26,
BLOCK A, JOHNSON WOODS ESTATE ADDITION, BEING LOCATED AT
3015 CLARKSVILLE STREET, IN THE CITY OF PARIS, LAMAR COUNTY,
TEXAS, FROM A GENERAL RETAIL DISTRICT (GR) 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 25 & 26, Block A,
Johnson Woods Est., being located at 3015 Clarksville Street, in the City of Paris, Lamar
County, Texas, from a General Retail District (GR) to a Commercial District (C); and
WHEREAS, on May 4th, 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 deny said proposed zoning change, thereby
requiring a three - quarter (3/4) majority vote of the City Council to approve the rezoning of
the property, and
WHEREAS, on May 11th, 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 25 & 26, Block A, Johnson Woods Est., being located at 3015 Clarksville
Street, in the City of Paris, Lamar County, Texas, from a General Retail District (GR) 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 11th day of May, 2015.
Matt Frierson, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney