26 - ZONING CHANGE FOR LAMAR AVEItem No. 26
memorandum
TO: City Council
John Godwin, City Manager
FROM: Shawn Napier, P.E., Director of Engineering, Planning & Development
SUBJECT: ZONING CHANGE FOR LAMAR AVENUE
DATE: June 2, 2015
BACKGROUND: This application is for a public hearing to consider the petition of the City of
Paris for a change in zoning from a Commercial district (C) and Light Industrial (LI) district to a
General Retail District (GR) for the following properties:
a) Lot part of 3 in City Block 313, located in the 3700 Block of Lamar Avenue and being
1.404 acres (Lamar Access Road LLC)
b) Lot 3, Block A of the R S Enterprises Addition, located at 3820 Lamar Avenue (Chicken
Express)
The Planning & Zoning Commission denied the zoning change by a vote of 6 -0 on June 1, 2015.
STATUS OF ISSUE: The city staff has determined the following findings:
(A) Existing Land Use: The lot at 3820 Lamar Ave is a Chicken Express restaurant and part of
lot 3 in City Block 313 is being used as an access road from Lamar Avenue going south.
(B) Existing Zoning of the Subject Property: The subject properties are all currently zoned
Commercial (C) and Light Industrial (LI).
(C) Proposed Land Use for the Subject Property: The current land use will not change.
(D) Proposed Zoning of the Subject Property: The City of Paris is requesting General Retail
(GR) zoning for the two properties.
(E) The Future Land Use Plan (FLUP) within the Comprehensive Plan: All lots are
recommended for General Retail (GR) zoning.
(F) Factors City Staff Considered Regarding Its Recommendation:
(1) The subject properties uses are allowed in a General Retail (GR) zoning district.
(2) This zoning will allow fewer uses that could negatively impact the adjacent properties.
(3) The Future Land Use Plan recommends General Retail (GR) zoning for all lots that front
Lamar Avenue from Loop 286 east to the City Limits.
These factors, taken collectively, have encouraged city staff to recommend approval. In order to
approve these zoning changes it will take a 3/4 majority vote of the City Council.
RECOMMENDATION: Approve a change in zoning from Commercial district (C) and Light
Industrial (LI) district to a General Retail district (GR) on the two properties listed.
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 PART OF 3,
CITY BLOCK 313, LOCATED IN THE 3700 BLOCK OF LAMAR AVENUE
AND BEING LAMAR ACCESS ROAD LLC; AND LOT 3, BLOCK A, OF THE R S
ENTERPRISES ADDITION, BEING LOCATED AT 3820 LAMAR AVENUE, IN
THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A COMMERCIAL (C)
AND LIGHT INDUSTRIAL (LI) DISTRICT, TO A GENERAL RETAIL
DISTRICT (GR); 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 & Zoning Commission received a request for an
amendment to the Zoning Ordinance of the City of Paris to rezone Lot part of 3, City Block
313, located in the 3700 block of Lamar Avenue and being Lamar Access Road LLC; and Lot
3, Block A, of the R S Enterprises Addition, being located at 3820 Lamar Avenue, in the City
of Paris, Lamar County, Texas, from a Commercial (C) and Light Industrial (LI) District, to a
General Retail District (GR); and
WHEREAS, on June 1, 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; and, thereby, requiring a three -
quarter 3/4 majority vote of the City Council to approve the rezoning of the property;
WHEREAS, on June 8, 2015, following notice and publication as required bylaw, 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 part of 3, City Block 313, located in the 3700 block of Lamar Avenue and
being Lamar Access Road LLC; and Lot 3, Block A, of the R S Enterprises Addition, being
located at 3820 Lamar Avenue, in the City of Paris, Lamar County, Texas, from a
Commercial (C) and Light Industrial (LI) District, to a General Retail District (GR); and
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 8th day of June, 2015.
A.J. Hashmi, M.D., Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney