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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