14 - ZONING CHANGE CONCERNING CITY BLOCK 306, LOT 1B, 435 N.E. LOOP 286Item No. 14
memorandum
TO: Mayor & City Council
John Godwin, City Manager
FROM: Alan Efrussy, AICP, Planning Manager
SUBJECT: ZONING CHANGE FROM A COMMERCIAL DISTRICT TO A
COMMERCIAL DISTRICT WITH A SPECIFIC USE PERMIT FOR SELF -
STORAGE/MINI WAREHOUSES AT 425 N.E. LOOP 286.
DATE: October 4, 2016
BACKGROUND: This application is for a public hearing to consider the petition of Lesa Coder
on behalf of Crest Water Properties for a change in zoning from a Commercial District (C) to a
Commercial District (C) with a Specific Use Permit (52— Self— Storage/Mini Warehouses), on
City Block 306, Lot 1B, being located at 425 N.E. Loop 286. This property is comprised of 1.41
acres, and is not located in a FEMA floodplain. At the October 3, 2016 Planning and Zoning
Commission meeting the commission unanimously recommended that the City Council approve
this rezoning request, conditioned upon all the staff recommendations for conditions regarding
the required Site Plan and to address the request of the director of public works for a utility
easement. The applicant Lesa Coder spoke in favor of this rezoning request, and no one else
spoke either in favor of or in opposition to this request.
As noted, the Planning and Zoning Commission's approval was contingent in part upon the
applicant's addressing the request of the public works director for a utility easement. Because
the public works director and the applicant have not, as of the time of this writing, been able to
confer regarding the utility easement, I have not included a proposed ordinance with his
memorandum. You will receive a proposed ordinance prior to the October 10th council meeting
for your review.
STATUS OF ISSUE: The City Staff has determined the following:
A. Existing Land Use:
The subject property is currently improved with the Pavilion Apartments, comprised of
four individual two -story buildings with associated parking spaces. There are also four
self — storage /mini— warehouse structures that are each one —story in height.
The surrounding area is characterized by apartments, senior housing, a variety of
commercial uses, including motels and automobile service stations, and some vacant
properties.
B. Existing Zoning of the Subject Property This subject property is currently zoned
Commercial District (C).
C. Proposed Land Use for the Subject Propert y: The applicant desires to re- construct one of
the existing self — storage units that was damaged because of a falling tree. However,
without changing the zoning this re— construction can take place as per Section 15 -102
regarding Non — Conforming Uses and Structures within the Zoning Ordinance. Further,
the fundamental reason for this rezoning request is stated in the next paragraph. The
future proposed use is for self — storage units for general public use, as well as for the
existing multiple — family uses to remain; multiple — family and apartment uses are
permitted uses in the current Commercial (C) Zoning District.
D. Proposed Zoning of the Subject Propert y: The current multi — family uses on the property
are permitted in the Zoning Ordinance. However, the existing self — storage units are
currently legal non —conforming uses as governed by Section 15. Non — Conforming Uses
and Structures within the Zoning Ordinance. In that regard, the proposed zoning is to
establish approval of self — storage /mini — warehouses through the Specific Use Permit
process within this Commercial (C) District; in the Paris Zoning Ordinance self -
storage /mini — warehouses are permitted uses within the Light Industrial (LI), Heavy
Industrial (HI), and Planned Development (PD) Zoning Districts, but require an SUP
within the (C) District. By allowing these existing self - storage uses to become an SUP,
all land uses within this property would meet the zoning approval within the Zoning
Ordinance.
E. The Major Thoroughfare Plan (MTP) within the Comprehensive Plan: The subject
property fronts on N.E. Loop 286; North Main Street (271) is classified as an Arterial
Roadway to the immediate northwest and southwest of this subject property.
F. The Parks, Recreation, and Open Space Master Plan: The subject property is not
impacted by the Existing Parks and Open Space Map, the Trail and Sidewalk Map, or the
Future Parks and Open Spaces Map.
G. The Future Land Use Plan (FLUP) within the Comprehensive Plan:
The FLUP indicates High Density Residential (HDR) for this subject property, and HDR
also along an area immediately north of the subject property. Retail (R) uses are
recommended adjacent to and west of the property; Office (0) use is recommended
adjacent to and east of the subject property.
The Comprehensive Plan describes HDR use as "Traditional apartment —type units in
attached living complexes characterize high density residential land use." The city staff
however, believes the current Commercial Zoning District is more appropriate for this
subject property, because commercial and /or retail uses are more appropriate and
compatible along the Paris Loop 286 corridor than are apartment uses. (Commercial
uses, of course, include hotels and motels, which are appropriate along the Loop, and at
one level of definition, hotels and motels are also considered a residential use, but are
typically classified in the commercial land —use category). In any event re— zoning is not
an issue for the apartments that are proposed to remain on the property, because
"multiple — family or apartment building" are permitted uses in the existing Commercial
(C) Zoning District of this subject property.
H. Additional Considerations Regarding the Staff Recommendation: The city planning
manager, the city engineer, the director of public works, and the fire marshal stated
that they do not have issues regarding the proposed land uses that comprise this
rezoning request. The director of public works is requiring a utility easement outside
the TXDOT right —of - -way on Loop 286, and the specific utility he is requesting, and
how wide said utility easement he is requiring should be is intended to be discussed
with Ms. Lesa Coder, who is the applicant, prior to the October 10ffi council meeting.
RECOMMENDATION: The City Council approve a change in zoning from a Commercial
District (C) to a Commercial District (C) with a Specific Use Permit for self— storage /mini-
warehouses (No. 52), and approval of the associated Site Plan, and its requirements as stated on
said Site Plan, on City Block 306, Lot 1B, being located at 425 N.E. Loop 286.
IM