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13 - ZONING CHANGE CONCERNING 1450 WEST WALKER STREETItem No. 13 memorandum TO: Mayor & City Council John Godwin, City Manager FROM: Alan Efrussy, AICP, Planning Manager SUBJECT: ZONING CHANGE FOR A MOBILE HOME ON PROPERTY LOCATED AT 1450 WALKER STREET. DATE: October 4, 2016 BACKGROUND: This application is for a public hearing to consider the petition of Timothy Waugaman and Vera Wright for a change in zoning from Single — Family Dwelling District No. 3 (SF -3) to a Single — Family Dwelling District No.3 (SF -3) with a Specific Use Permit (39— Mobile Home), on Block 3, Lots 7 through 10, of the Colonial Addition, being located at 1450 Walker Street. This matter was previously on the September 12, 2016 City Council agenda, but because the Planning and Zoning Commission did not meet in September for lack of a quorum, at the September 12th Council meeting, Mayor Hashmi opened the public hearing on the matter and left it open until the October 10, 2016 meeting. At the public hearing in front of Council on September 12th, one person spoke against the request and no one spoke in favor. At the October 3, 2016 public hearing held by the Planning and Zoning Commission, no persons spoke either in favor of or in opposition to this zoning request. Since the commission unanimously recommended denial of this request, it will require a three — quarter (3/4) majority vote of the full City Council to approve the rezoning of the property. STATUS OF ISSUE: The city staff has determined the following: (A) Existing Land Use: This subject property is currently vacant, and there is substantial brush and vegetative material that is in the process of being cleared from this site. The property is currently comprised of 0.6320 acres. There is no flood plain on this subject property. The property is located in essentially in an existing single — family residential neighborhood. (B) Existing Zoning of the Subject Property This subject property is presently zoned One — Family Dwelling District (SF -3). (C) Proposed Use for the Subject Property: The applicant is proposing to establish a mobile home on this property. (D) Proposed Zoning of the Subject Propert y: In Paris, a mobile home can only be established through the approval of a Specific Use Permit (SUP), and only within the SF -3 Zoning District. Further, Section 12, (SUP's), (No.35) of the Zoning Ordinance states: "Mobile home in the SF -3 district with the further restriction that single —wide mobile homes may only receive a specific use permit for a period not to exceed five (5) years with renewals permitted." (E) The Major Thoroughfare Plan (MTP): The subject property fronts on Walker Street which is a residential local street. NW 10' Street is also designated as a residential local street. NW 13th Street and Campbell Street are Collector Roadways. NW 19d' Street is an Arterial Roadway. (F) The Future Land Use Plan (FLUP) within the Comprehensive Plan: The Future Land Use Plan recommends Low — Density Residential (LDR) for the block wherein this subject property is located, as well as LDR for the surrounding area. The Comprehensive Plan update of 2008 states that the LDR use "...is representative of traditional, single — family detached dwelling units." (G) The Parks, Recreation, and Open Space Master Plan: The Existing Parks and Open Space Plan Map indicates that this subject property is within the service radius of Walker Park. The Trail and Sidewalk Map does not impact this subject property. The Future Parks and Open Spaces Plan Map continues to indicate that this subject property remains within the service radius of Walker Park. (H) Additional Considerations of Cit. Sy taff: A. The city engineer, director of public works, and the fire marshal stated that they do not have zoning issues related to this rezoning request. The city engineer does not need additional right - of —way for thoroughfare access. The director of public works indicated that he will determine if he needs additional right —of —way for utilities as part of the further development process. B. The fire marshal indicated that there may be other requirements to be met regarding current building codes if an older mobile home is considered for this subject site, if said older mobile home would not meet current building codes. C. Based on the historical physical development within the subject area, the staff recommended that the Planning and Zoning Commission at their October 3`d meeting consider the following two options regarding their recommendation to the City Council: Option 1: Recommend approval of this rezoning request. 2 As can be seen by the enclosed location map, the three lots outlined in purple represent past approval of these lots for the development of a mobile home; all lots have been and are zoned SF -3. However, no mobile homes have ever been constructed on these three lots: A lot had the SUP for a mobile home approved on January 11, 1993 and is located at the northeast corner of NW 14th Street and Walker Street and the lot is currently vacant; and a lot had the SUP approved on July 10, 1989 and is located one lot west of the subject property, and the lot is currently vacant; and a lot had the SUP approved on September 12, 1983, and is located at the southeast corner of Walker Street and 16d` Street NW and the site now has a duplex residential unit located upon this property. Further, all these SUP's have expired, since Section 12. Specific Use Permits states "(35) mobile home in SF -3 district with the further restriction that single —wide mobile homes may only receive a specific use permit for a period not to exceed five (5) years with renewals permitted." It is possible for a position to be taken that in this immediate subject neighborhood where three mobile home permits have been granted, although they have not been implemented, it can be said that in the past, at least, the commission and council considered this area as suitable for mobile homes. Option 2: Recommend denial of this rezoning request. At the request of the City Council, the city staff is now in the process of recommending to the Planning and Zoning Commission and the City Council the elimination entirely of stand —alone mobile homes from the One - Family Dwelling Zoning District (SF -3) through the Specific Use Permit process. The purpose for this decision is that the Council wishes to optimize the SF -3 single— family zone as a traditional single — family residential district, with traditional single — family houses, and to allow for stand —alone mobile homes only in mobile home parks. The staff is therefore in the process of recommending that stand —alone mobile homes only be allowed in the Light Industrial (LI) Zoning District as a permitted use and only within Mobile Home Parks; presently Mobile Home Parks are only allowed in the LI district and as a permitted use. If this subject mobile home request is approved by the City Council, all existing mobile homes located within the SF -3 zoning districts in Paris will become legal non — conforming uses, and would be regulated by Section 15. Non - Conforming Uses and Structures in the Zoning Ordinance. Hence, by not allowing approval of a mobile home on this Walker Street site, the council's desire to eliminate mobile homes from the SF -3 Zone would be advanced. At its October 3rd meeting, the Commission unanimously approved the above — stated Option 2 and therefore is recommending to the City Council denial of this mobile home request. Staff supports the Commission's recommendation. RECOMMENDATION: Re -open the public hearing first opened on September 12, 2016 and thereafter deny a change of zoning from a Single— Family Dwelling District No. 3 (SF -3) to a 3 Single — Family Dwelling District No. 3 (SF -3) with a Specific Use Permit (39) for a Mobile Home, on Block 3, Lots 7 through 10, of the Colonial Addition, being located at 1450 Walker Street. 4 I I 7L9 rT m OL tj 1 15 OLV\-a t y j f ' JT b rn KL ,W,c, 1,31 1 tv-0 L cl c irl rT t, s., 1� a.► �T i � 'e, ' � Y2 Z, I � wi, �,Joo) --r, A-� NVI �- �,j lk� t aax�VFA v cc) CL 9cl Al 'A ., - •7��is�iw "v�. tsst �q � a � .. '' r[9Dt 1t01 alcj z tat OCONS CAd I Oatt 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 CITY BLOCK 3, LOTS 7 -10 OF THE COLONIAL ADDITION, BEING LOCATED AT 1450 WALKER STREET, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A SINGLE - FAMILY DEWLLING DISTRICT NO. 3 (SF -3) TO A SINGLE - FAMILY DWELLING DISTRICT NO. 3 (SF -3) WITH A SPECIFIC USE PERMIT (39) FOR A MOBILE HOME; 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 and Zoning Commission received a request for an amendment to the Zoning Ordinance of the City of Paris to rezone City Block 3, Lots 7 -10, being located at 1450 Walker Street, in the City of Paris, Lamar County, Texas, from a Single - Family Dwelling District (SF -3) to a Single- Family Dwelling District (SF -3) with a Specific Use Permit (39) for a Mobile Home; and WHEREAS, on October 3, 2016, 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 deny said proposed zoning change, thereby requiring a three - quarter (3/4) majority vote of the full City Council to approve the rezoning of the property; and, WHEREAS, on October 10, 2016, 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 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 City Block 3, Lots 7 -10, being located at 1450 Walker Street, in the City of Paris, Lamar County, Texas, from a Single - Family Dwelling District (SF -3) to a Single - Family Dwelling District (SF -3) with a Specific Use Permit (39) for a Mobile Home. Section 3. That the Site Plan, submitted by the applicant, and known as Exhibit "A ", and attached hereto, shall be made a part of this ordinance, and is so submitted. Section 4. All council approved conditions shall be implemented per the direction and approval of the City of Paris staff. Section 5. 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 6. 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 7. 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 8. 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 9. 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. Section 10. This ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED on this 10th day of October, 2016, by the City Council of the City of Paris, in regular session, following notice and publication as required by law. A.J. Hashmi, M.D., Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney J �r Ley V l t