12 Conduct a public hearing to consider the petition of Terry Allen

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CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 6-3-08 Community Lisa A. Wright, Director 12. Council Date: Development 6-9-08 RECOMMENDED MOTION: Conduct a public hearing to consider the petition of Terry Allen and move to deny an ordinance amending Zoning Ordinance No. 1710 to change zoning from a One Family Dwelling District No. 2(SF-2) to a Commercial District (C) on Lot 18, Block 203, Scott & Braden Addition, being number 2306 W. Kaufman Street. , POLICY ISSUE(S): Zoning; Compliance with comprehensive land use plan BACKGROUND: Terry Allen has requested a zoning change for the purpose of placing a metal building adjacent to his business on Bonham Street (Allen's Auto Parts). The Comprehensive Plan recommends that this property be zoned Low Density Residential; therefore, approval of this request would require an amendment to the Comprehensive Land Use Plan Map. , Additionally, on May 29, 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 (20) percent or more either of the area of the lots included in such a proposed change or those immediately adjacent in the rear thereof extending two hundred (200) feet therefrom or of those directly opposite thereto extending 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 38 property owners within 200 feet of the requested change. Of these 38, 12 (32 of adjoining property owners as described in Section 21-105 above having signed the petition protesting the change. Three 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 4-0, with one member abstaining. The Commission recommended to Mr. Allen that he seek Planned Development zoning in order to ensure a buffer zone between the metal building and associated business and the neighboring residential structures. City of Paris 4s~_ Revised 2/04/08