31 - ZONING CHANGE FOR PROPERTY LOCATED AT 4210 LAMAR AVEItem No. 31
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 4210 LAMAR AVE.
DATE: June 2, 2015
BACKGROUND: This application is for a public hearing to consider the petition from the City
of Paris for a change in zoning from a Commercial district (C) to a General Retail (GR) district
with a Specific Use Permit (3 -Auto laundry in GR district) on Lot 1, Block B of the Morningside
North #2 Addition, located at 4210 Lamar Avenue. 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: A Cave Wave car wash is currently located on the lot.
(B) Existing Zoning of the Subject Property: This subject property is currently zoned
Commercial (C).
(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 with a Specific Use Permit (3 -Auto laundry in GR district) on the property.
(E) The Future Land Use Plan (FLUP) within the Comprehensive Plan: The lot is recommended
for General Retail (GR).
(F) Factors City Staff Considered Regarding Its Recommendation:
(1) The subject property use fits General Retail (GR) zoning with an SUP for auto laundry.
(2) The General Retail (GR) 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 this zoning change it will take a 3/4 majority vote of the City Council.
RECOMMENDATION: Approve a change in zoning from a Commercial district (C) to a
General Retail (GR) district with a Specific Use Permit (3 -Auto laundry in GR district) on Lot 1,
Block B of the Morningside North #2 Addition, located at 4210 Lamar Avenue.
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 3, BLOCK A,
OF THE MORNINGSIDE NORTH ADDITION, BEING LOCATED AT 4120
LAMAR AVENUE, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM
A COMMERCIAL DISTRICT (C), TO A GENERAL RETAIL DISTRICT (GR)
ADDING TWO SPECIFIC USE PERMITS FOR AUTO LAUNDRY (3) AND FOR
AUTO FUEL SALES (49) 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 & Zoning Commission received a request for an
amendment to the Zoning Ordinance of the City of Paris to rezone Lot 3, Block A of the
Morningside North Addition, being located at 4120 Lamar Avenue, City of Paris, Lamar
County, Texas, from a Commercial District (C) to a General Retail District (GR) with two
Specific Use Permits for auto laundry (3) and for auto fuel sales (49); 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 % majority vote of the City Council to approve the rezoning of the property;
WHEREAS, on June 8, 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 3, Block A of the Morningside North Addition, being located at 4120 Lamar
Avenue, in the City of Paris, Lamar County, Texas, from Commercial District (C) to a General
Retail District (GR), with a two Specific Use Permits for auto laundry (3) and for auto fuel
I9 i•
sales (49).
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