11 Conduct a public hearing to consider the petition on Paris Big Sandy Apartments

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CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Depattment: Presented By: Agenda Item No.: 6-3-08 Community Lisa A. Wright, Director 11. Council Date: Development 6-9-08 RECOMMENDED MOTION: Conduct a public hearing to consider the petition of Paris Big Sandy Apartments, LP and move to deny an ordinance amending Zoning Ordinance No. 1710 to change zoning from an Agricultural District (A) to a Multiple Family Dwelling District No. 2(MF-2) on a 6.5 acre tract being a part of the Enoch Crow Survey Abstract No. 208, located in the 4400 block of Lamar Avenue. POLICY ISSUE(S): Zoning; Compliance with comprehensive land use plan BACKGROUND: Paris Big Sandy Apartments, LP has requested a zoning change for the purpose of constructing an apartment complex. The Comprehensive Land Use Plan Map recommends that this property be zoned Low Density Residential; therefore, approval of this request would require an amendment to said Map. Additionally, on May 30, 2008, the City of Paris was presented with a petition from property owners adjoining the above-subject property in opposition of the zoning change request (attached). Section 21-105 of Zoning Ordinance No. 1710 states as follows: Unless a proposed amendment, supplement or change has been approved by the Planning and Zoning Commission, or if a protest against such proposed amendment, supplement or change has been filed with the City Secretary, duly signed and acknowledged by the owners of twenty (ZO) percent or more either of the area of the lots included in such a proposed change or those immediately adjacent in the rear thereof eYtending two hundred (200) feet therefrom or of those directly opposite thereto e-xtending two hundred (200) feet from the street frontage of such opposite lots, such amendment shall not become effective except by a three-fourths vote of the governing body. (emphasis added) There are 14 property owners within 200 feet of the requested change. Of these 14, eight (57 of adjoining property owners as described in Section 21-105 above having signed the petition protesting the change. Six additional signatures on the petition are outside the 200 foot notification area and are not included in the percentage calculation required in Section 21-105. BOARD/COMMISSION RECOMMENDATION: The Commission recommended denial of the zoning change request by a vote of 5-0. City of Paris 5 Revised 2/04/08 ~