13 - ZONING CHANGE 3700 BLOCK OF NW LOOP 286Item No. 13
memorandum
TO: City Council
John Godwin, City Manager
FROM: Shawn Napier, P.E., Director of Engineering, Planning & Development
SUBJECT: ZONING CHANGE FOR PROPERTY LOCATED IN THE 3700 BLOCK OF
NW LOOP 286
DATE: August 4, 2015
BACKGROUND: This application is for a public hearing to consider the petition of Mr. John
House for a change in zoning from a Planned Development District (PD -b) to a Commercial (C)
zoning district on Lots 6 and 7 of City Block 331, being located in the 3700 Block of NW Loop
286. The is a 19.56 acres tract of land located just south of Campbell St. and just north of the
Boy Scout Building located at the NE corner of NW Loop 286 and Graham Street. The Planning
& Zoning Commission approved the zoning change by a vote of 7 -0 on August 3, 2015.
STATUS OF ISSUE: The city staff has determined the following findings:
(A) Existing Land Use: The lot has a large pond that splits the lot in half. The only structure on
the property is a pavilion that is located on the northern portion of the lot.
(B) Existing Zoning of the Subject Property: This subject property is currently zoned Planned
Development district (PD -b). The lowercase b indicates this PD is for housing development of
community unit development.
(C) Proposed Land Use for the Subject Property: The applicant wishes to construct cabins for
rental purposes on the southern half of the property and a restaurant with a recreational area on
the northern half.
(D) Proposed Zoning of the Subject Property: The applicant is requesting Commercial (C)
zoning on the property.
(E) The Future Land Use Plan (FLUP) within the Comprehensive Plan: The lot is recommended
for Commercial (C) uses.
(F) Factors City Staff Considered Regarding Its Recommendation:
(1) This subject property is bounded by Commercial, Multi - Family and One - Family Zoning
Districts. The majority of the surrounding property is undeveloped.
(2) All of the uses Mr. House has listed are allowed in Commercial (C) zoning.
(3) The proposed zoning change follows the FLUP by changing to a Commercial (C) zoning.
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 Planned Development District
(PD -b) to a Commercial (C) zoning district on Lots 6 and 7 of City Block 331, being located in
the 3700 Block of NW Loop 286.
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 LOTS 6 & 7, CITY
BLOCK 331, BEING LOCATED IN THE 3700 BLOCK OF NW LOOP 286, IN
THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A PLANNED
DEVELOPMENT DISTRICT (PD -b) 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 Lots 6 & 7, City Block
331, being located in the 3700 Block of NW Loop 286, in the City of Paris, Lamar County,
Texas, from a Planned Development District (PD -b) to a Commercial District (C); and,
WHEREAS, on August 3, 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 August 10, 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 Lots 6 & 7, City Block 331, being located in the 3700 Block of NW Loop 286, in the
City of Paris, Lamar County, Texas, from a Planned Development District (PD -b) 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 10th day of August, 2015.
A.J. Hashmi, M.D., Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney