19 - ZONING CHANGEItem No. 19
memorandum
TO: City Council
John Godwin, City Manager
FROM: Alan Efrussy, AICP, Planning Manager
SUBJECT: ZONING CHANGE FROM A ONE - FAMILY DWELLING DISTRICT (SF -2)
TO A GENERAL RETAIL DISTRICT (GR) LOCATED IN THE 2500 BLOCK OF
LAMAR AVENUE.
DATE: November 9, 2015
BACKGROUND: This application is for a public hearing to consider the petition of John House
on behalf of William and Debra Bowerman for a change in zoning from a One - Family Dwelling
District (SF -2) to a General Retail District (GR) on Lot Part of 9, City Block 249, being located
in the 2500 Block of Lamar Avenue.
At the November 2, 2015 Planning and Zoning Commission meeting three persons spoke in
favor of this project, and one couple 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: This subject property is comprised of .37+ acres, and there is no flood
plain on this property. The immediate area is characterized by existing commercial, retail,
single - family and multi - family uses.
(B) Existing Zoning of the Subject Property This property is currently zoned One - Family
Dwelling District (SF -2).
(C) Proposed Land Use: The applicant desires to build apartments on subject property.
(D) Proposed Zoning of the Subject Property: The applicant wishes to rezone this subject
property to the General Retail (GR) District. This district allows multiple - family or apartment
buildings as a permitted use.
(E) The Master Thoroughfare Plan (MTP) within the Comprehensive Plan: For this subject
property, the MTP recommends that Lamar Avenue 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 this subject property.
(G) The Future Land Use Plan (FLUP) within the Comprehensive Plan: The FLUP recommends
Low - Density Residential (LDR) on this subject property; this use is characterized by traditional,
single - family detached dwelling units.
In considering the staff recommendation for this proposed rezoning, the city staff addressed the
following potential options:
Option One: Recommend denial.
Pros: (a) Satisfies the Comprehensive Plan Future Land Use Plan Recommendation.
Cons: (b) Limits additional land use development considerations for this subject property.
Option Two: Recommend approval.
Pros: (a) Recognizes the relatively close existing multi - family uses to the east, separated by one
lot.
(b) Proposed zoning would be comparable with the property immediately north and
adjacent to subject property which is also zoned GR and which would also allow apartment uses
and potential access through a combined access serving both lots. GR also permits apartments.
(c) Recognizes that the subject lot proposed for rezoning is landlocked with no direct
access; if the applicant purchases the adjacent GR lot that faces Lamar Avenue, then a potential
access could be provided to this subject lot.
Cons: (a) Violates the FLUP recommendation.
(b) Could possibly represent spot zoning.
(c) Ordinance 2008 -016, adopted by the city council on May 12, 2008 states the following
regarding the City of Paris Future Land Use Plan Legend Explanations in regard to High- Density
Residential (HDR), which are traditional apartment -type units:
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• "In order to ensure that multiple - family areas are designed to a high standard
whenever they develop in the future, the City should consider incorporating the
following guidelines into the Zoning Ordinance:
• The proposed multi - family tract should be adjacent to an arterial roadway;
• All structures within the multi - family development should be at least 90 percent
masonry on exterior of the first story;
• If the tract is adjacent to single - family residential dwellings, transition areas
(greenspace, buffer areas, medium density development, etc.) should be
incorporated into the property; and
• Based upon the density of the complex, an appropriate amount of useable open
space should be required."
It is true that the zoning ordinance has not yet been modified to include these recommendations.
However, city staff believes these adopted recommendations should be incorporated into all new
multi- family development. Except for possible access (in the future) to Lamar Avenue (an
Arterial Roadway), the applicant has made no indication that he will create the other multi-
family recommendations as stated above.
(d) Would likely undermine the integrity and tranquility of the existing single - family
development adjacent to, and west of, this subject property.
Option Three: Recommend approval of multi - family or apartment use, but only by approval of
the Multiple - Family Dwelling (MF -1) zoning district.
Pros: (a) Would permit multiple family uses, but would not allow most of the commercial, retail,
and many of the more intensive uses that are permitted in the GR zone.
Cons: (a) Introduces a zoning district that is currently not located within the immediate environs
of the subject property;
(b) Inconsistent with the FLUP.
(c) Could represent spot zoning.
Option Four: Recommend approval of multi - family or apartment use, but only by approving a
Planned Development Zoning District (PD).
Pros: (a) This would, if the applicant agreed, provide an implementable and legal basis for
including the recommendations for High- Density Residential (HDR) uses, as described in Ord.
2008 -016, and as stated above.
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Cons: (a) Those that essentially have been stated above.
(b) Even with possible obtaining of the GR property to the north, its questionable if the
HDR recommendations could be created on such expanded properties. The applicant has not
shown or indicated plans in that regard.
CommentarRegarding Staff Recommendation: It is a well- accepted principle in American city
planning that, as feasible, land in general, and individual lots in particular, have land use
development rights. In this subject zoning case, however, there is a particular factor: the subject
lot is currently landlocked, and staff believes that is a result of inappropriate platting. Another
well- accepted standard in city planning is that all lots should have access to a public street; this is
typically a requirement of platting in municipal and county subdivision regulations.
The fact that this subject property is presently landlocked with no direct access is certainly
unfortunate and a liability to the property owner. However, taking this factor, and other factors
into consideration regarding this zoning request, the city staff does not believe it is an equitable
remedy to provide development opportunity for this lot by rezoning this property, even with the
possibility of the applicant purchasing the GR land adjacent to this subject property on the north,
which does front on Lamar Avenue. Taking into account all factors in this case, staff believes
the most important planning factors are: (1) preserving as much as possible the existing single -
family uses and character immediately west and adjacent to the subject property; and (2) not
introducing a GR zone in the middle of an area, which the Future Land Use Plan recommends as
LDR, low- density single - family uses, which is indicated as adjacent to and immediately north,
south, and west of the subject property. Staff therefore does not support this rezoning request.
At the November 2, 2015 Planning and Zoning Commission public hearing, the commission
unanimously recommended approval of this zoning request. However, with all due respect to the
commission, and its discussion at that public hearing regarding this request, the staff does not
support the commission's recommendation; the staff maintains its original recommendation of
denial based on the factors described herein.
RECOMMENDATION: Deny a change in zoning from a One - Family Dwelling District (SF -2)
to a General Retail District (GR) on Lot Part of 9, City Block 249, being located in the 2500
Block of Lamar Avenue.
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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 9,
CITY BLOCK 249, BEING LOCATED IN THE 2500 BLOCK OF LAMAR
AVENUE, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A ONE -
FAMILY DWELLING DISTRICT (SF -2) 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 9, City Block
249, being located in the 2500 Block of Lamar Avenue, in the City of Paris, Lamar County,
Texas, from a One- Family Dwelling District (SF -2) to a General Retail District (GR); 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 Part of 9, City Block 249, being located in the 2500 Block of Lamar Avenue, in
the City of Paris, Lamar County, Texas, from a One- Family Dwelling District (SF -2) to a
General Retail District (GR).
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