22 Public Hearing to deny amending Zoning Ordinance

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CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 10/7/08 Community Lisa A. Wright, Director Council Date: Development 22. 10/13/08 RECOMMENDED MOTION: Conduct a public hearing to consider the petition of Theresa and Betty Jones and move to deny an ordinance amending Zoning Ordinance No. 1710 to change zoning from a One Family Dwelling District No. 3(SF-3) to a One Family Dwelling District No. 3(SF-3), with a Specific Use Permit (5) Day Nursery or Kindergarten School on Lot 2A, City Block 279, being number 1462 15th Street N.E. POLICY ISSUE(S): Zoning BACRGROUND: Theresa and Betty Jones have requested a zoning change for the purpose of opening a day caze facility at the proposed location. The Comprehensive Plan recommends that this property be zoned Low Density Residential. At the Planning & Zoning Commission meeting on Monday, October 6, 2008, several people appeared in opposition of this request. The concern of all who appeazed at the public hearing was that the proposed use would increase traffic along the narrow roads that lead to this property and the daycare itself would create a lot of noise. They stated that they wanted the area to remain strictly residential for fear that this would lead to other commercial uses in the area. The applicants for the zoning change had commenced, without a permit, a remodeling project on a metal building located at the back of the lot. After a neighbor reported the project, the City immediately issued a Stop Work Order. The property owners were advised they would have to seek a zoning change before they could apply for a building permit since the proposed activity is not allowed under the current zoning. The Planning & Zoning Commission denied this request; therefore, 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,... such amendment shall not become effective except by a three-fourths vote of the governing body." BOARD/COMMISSION RECOMMENDATION: The Commission denied the zoning change request by a vote of 6-0. EXHIBITS: Ordinance; location aerial; photograph of the property; and P& Z minutes ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation Z Ordinance y'I'D Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration Z City Clerk Z Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Urilities City of Paris Revised 2/04/08 . 000120