10 City Council Mtg Min 5-14-07 - Laserfiche WebLink

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Regular City Council Meeting May 14, 2007 Page 2 HERETOFORE AMENDED, SO AS TO REZONE LOTS 23 AND 24, CITY BLOCK 251 OF THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A LIGHT INDUSTRIAL DISTRICT (LI) TO A HEAVY INDUSTRIAL DISTRICT (HI) DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE, AND AN EFFECTIVE DATE. Mayor Manning inquired about the City's Comprehensive Plan and how it related to this property. Lisa Wright told Council the Plan recommended this property be zoned as light industrial. Kent McIlyar said it was his understanding the last time the Comprehensive Land Use Plan for the City was updated was in 2001. He further stated the plan would not allow the auto salvage yard as a legal use under the land use plan or under the current zoning. Mr. McIlyar said most of the time the business had operated under a legal non-conforming use, which is a use that pre-existed a zoning change. He advised that legal non-conforming use could continue to operate as long as it does not discontinue or terminate. The question that has been raised is whether or not there was an intent to discontinue the operation of the business. Mr. McIlyar went on to say the zoning request before them was a request to rezone to heavy industrial, a separate issue. Mr. McIlyar recommended to Council that they give careful consideration to this request, prior to rezoning property use heavier than what was in the plan. Council Member Fendley inquired if they could maintain the light industrial with the non-conforming use staying in place. Kent McIlyar said the non-transforming use could be transferred, as long as it had not been discontinued. Mr. McIlyar said he would like additional time to obtain more facts than had been presented to him. Council Member Wilson inquired about zoning of the surrounding properties. Lisa Wright said the properties surrounding this particular property were zoned light industrial. Council Member Fendley asked Kent for his opinion on transferring the non-conforming use. Kent McIlyar reiterated that he needed additional facts prior to rendering an opinion. Mayor Manning said they needed to give staff more time to gather additional facts. Council Member Fendley agreed with Mayor Manning. A Motion to table this item was made by Council Member Wilson and seconded by Council Member Freelen. Motion carried, 6 ayes - 0 nays. C. Consideration of and action on the Preliminary Plat of Lot 1, Block A, Jordan Addition (City Block 091), being located in the 500-600 block ofN. Main Street. A Motion to approve this item was made by Council Member Fendley and seconded by Council Member Fisher. Motion carried, 6 ayes - 0 nays. D. Consideration of and action on the Preliminary Plat of Lot 1, Block A, Main Street 250 Addition (City Block 250), being number 2240 N. Main Street. ,..." ~.