17 & 18 - ZONING CHANGESItem Nos. 17 & 18
memorandum
TO: City Council
John Godwin, City Manager
FROM: Alan Efrussy, AICP, Planning Manager
SUBJECT: ZONING CHANGES FROM A COMMERCIAL DISTRICT (C) TO A LIGHT
INDUSTRIAL DISTRICT (LI) ON TWO PARCELS LOCTED IN THE 3200 BLOCK OF
NORTH MAIN STREET.
DATE: November 9, 2015
BACKGROUND: This application represents two public hearings on properties that are
adjacent to each other, and that are in the process of being platted as one property, in conjunction
with this zoning request. Although these two parcels are proposed to be created as one unified
development, this agenda item will serve to address both public hearings; the public hearing
notice is posted and was advertised and published for two public hearings.
These two applications are for public hearings to consider the petition of Love's Travel Stops
and Country Stores, Inc. on behalf of Mark and Deborah Jones on Lot 2, City Block 307 -A, and
on behalf of Joyce Freeman on Lot 3, City Block 307 -A; both of these parcels are currently
zoned Commercial District (C) and the request is to rezone both properties to the Light Industrial
District (LI). Both properties are located in the 3200 Block of North Main Street.
At the November 2, 2015 Planning and Zoning Commission meeting three persons spoke in
favor of this project, and none spoke in opposition. The commission unanimously recommended
approval of this proposed rezoning to the City Council.
STATUS OF ISSUE: The City staff has determined the following findings:
(A) Existing Land Use: These two properties front on North Main Street. The larger lot
comprises 3.701 acres and is adjacent and directly south of the smaller lot which consists of 1.07
acres. The larger lot is vacant; the smaller lot has several structures on its premises. The
surrounding area is characterized by commercial, industrial, and vacant land. Adjacent to both
properties to the west are railroad tracks for a functioning, operational rail line. There is no flood
plain on either property.
(B) Existing Zoning of both Subject Properties: Both of these properties are presently zoned
Commercial District (C).
(C) Proposed Land Use: This project is identified as the Love's Travel Stop and Country Store.
The proposed uses are a travel stop which includes fuel sales, and a convenience store with an
attached restaurant; the proposed development will also include a separate area for semi -truck
refueling, semi -truck certified scales, and semi -truck parking spaces. The applicants have stated
that these uses collectively will function as a truck stop.
An accepted definition of a truck stop includes the following: A facility intended to provide
services to the trucking industry, including but not limited to the following activities: dispersing
of fuel, repair shops, automated washes, overnight parking, restaurants, and motels, all as part of
the facility. Also, a truck stop can be identified as a site in excess of two acres providing the
above - stated facilities and services. The applicant has stated to staff that there will be no
sleeping quarters and no mechanical work done on these subject premises. The project will
essentially be a large gas station that will serve trucks, and will also serve smaller vehicles for
fuel.
(D) Proposed Zoning of the Subject Propert y: These two parcels are both currently zoned
Commercial District (C). The applicant stated they intended to purchase the Light Industrial (LI)
zoned property that is adjacent on the south side of the larger subject tract. The ultimate intent,
therefore, is to purchase the two proposed lots for rezoning, and the adjacent subject LI lot, and
have these three properties platted as one lot for this proposed truck stop development.
The fundamental reason that the applicants want to rezone these subject properties is that both
Gasoline Service Stations and Auto Fuel Sales require Specific Use Permit approval within the
Commercial District, whereas both of these uses are permitted in the Light Industrial District.
By rezoning the two subject lots, all three lots of interest will then have the same zoning district.
From city planning, zoning, and urban design standpoints it is appropriate to have one /the same
zoning district on all lots that are part of the same development. The convenience store and
restaurant, as proposed by the applicant, are both permitted uses in the Commercial District.
Further, zoning ordinance administration and overall project design are enhanced when a
particular, unified development project (as this is proposed) is established under one individual
zoning district.
(E) The Master Thoroughfare Plan (MTP) within the Comprehensive Plan: For these subject
properties, the MTP recommends that North Main Street be classified as an Arterial Roadway.
(F) The Parks Recreation, and Open Space Master Plan: The following are the key graphics in
this Park Master Plan: (1) Existing Parks and Open Space; (2) Trail and Sidewalk map; and (3)
Future Parks and Open Spaces; none of these plan maps are impacted by these two zoning
change requests.
(G) The Future Land Use Plan (FLUP) within the Comprehensive Plan: The FLUP recommends
Commercial use for both of the proposed lots requested for rezoning. The third lot, to the south
of both subject properties is recommended to remain Light Industrial. The FLUP recommends a
relatively large area to the west of these three subject properties to be Light Industrial, to be
changed from the currently zoned Heavy Industrial District (HI). Substantial area east of and
adjacent to North Main Street is recommended in the FLUP to be designated as Low Density
Residential (LDR), which is traditional, single - family detached dwelling units, to be changed
from the currently zoned Commercial District.
In light of the elements represented in this agenda item, the city staff recommends approval of
these two zoning requests based on the following factors, and therefore supports the Planning
and Zoning Commission's recommendation for approval.
(1) This development will be less than a mile north of Loop 286, making this close proximity of
the loop efficient ingress and egress for substantial heavy truck traffic, which could reduce
intensive truck volumes within the interior of Paris.
(2) There currently is a very substantial amount of area zoned Commercial in the immediate
environs of these three subject properties, to the extent that rezoning approximately five acres
from Commercial to Light Industrial should not impede commercial or retail development in the
subject area.
(3) This is a beneficial use to Paris that will amplify auto and truck oriented uses, services, and
functions both in Paris and in the region of the city.
(4) The functioning railroad trackage as well the existing uses in the subject area are compatible
with this rezoning request.
(5) The request for rezoning these subject two parcels is further strengthened since the FLUP
recommends that the substantial land area to the west of these subject properties be classified in
the Light Industrial category, to be changed from the existing Heavy Industrial zoning district.
RECOMMENDATION: Approve the rezoning of Lots 2 and 3, City Block 307 -A, from
Commercial District (C) to Light Industrial District (LI) in the 3200 Block of North Main Street.
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ORDINANCE NO. DRAFT
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 2 AND LOT
3, CITY BLOCK 307 -A, BEING LOCATED IN THE 3200 BLOCK OF NORTH
MAIN STREET, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A
COMMERCIAL DISTRICT (C) TO A LIGHT INDUSTRIAL DISTRICT (LI);
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 2 and Lot 3, City
Block 307 -A, located in the 3200 Block of North Main Street, in the City of Paris, Lamar
County, Texas, from a Commercial District (C) to a Light Industrial District (LI); and,
WHEREAS, on November 2, 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 November 16, 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 2 and Lot 3, City Block 307 -A, located in the 3200 Block of North Main Street,
in the City of Paris, Lamar County, Texas, from a Commercial District (C) to a Light
Industrial District (LI); 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 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 16th day of November, 2015.
A.J. Hashmi, M.D., Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney