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10-Zoning Change-443 S.W. 1st-Central Area District-CA with Specific Permit-Car LotItem No. 10 memorandum TO: Mayor & City Council John Godwin, City Manager FROM: Alan Efrussy, AICP, Planning Manager SUBJECT: ZONING CHANGE FROM A CENTRAL AREA DISTRICT TO A CENTRAL AREA DISTRICT WITH A SPRCIFIC USE PERMIT (No. 50 —FOR NEW OR USED CAR LOT (OPEN)) AT 443 S.W. 1sT STREET. DATE: April 4, 2017 BACKGROUND: This application is for a public hearing to consider the petition of Pamela Harris for a change in zoning from a Central Area District (CA) to a Central Area District (CA) with a Specific Use Permit (No. 50—New or Used Car (Open) Lot), on City Block 178, Lot Part 10 and 11, being located at 443 S.W. ls' Street. At the March 6, 2017 Planning and Zoning Commission meeting, a preliminary motion was made to approve this zoning request, but limiting the approval of this SUP for a period of five (5) years. The applicant agreed to this time —frame. A new motion was then made to table this item so the city attorney could confirm the legality of limiting a time frame for a SUP. Since that commission meeting, the city attorney has confirmed that it is legal to place a time limit on SUP approvals. At the April 3, 2017 public hearing, two members of the commission (Holland Harper and Robert Spain) spoke in opposition to this request. The commission voted 5 -2 in favor of recommending approval to the city council with the condition that this SUP be limited to a period of five (5) years with the opportunity to request additional time through the Specific Use Permit approval process. No members of the public spoke either in favor of or in opposition to this request. STATUS OF ISSUE: (A) Existing Land Use: This property is comprised of 0.1865 acres. The property presently contains a small functioning office building entitled Lone Star Bail Bonds. There is no flood plain on this property and no apparent other environmental constraints. (B) Proposed Land Use for the Subject Property: The applicant intends to use this property for automobile sales, as well as continue the existing bail bond business. (C) The Major Thoroughfare Plan (MTP) and (D) The Parks, Recreation, and Open Spaces Master Plans: There are no issues or conflicts with either of these plans. (E) The Future Land Use Plan (FLUP) within the Comprehensive Plan: The Future Land Use Plan recommends Office (0) use for this subject property. (F) Additional Considerations Regarding the Staff Recommendation: 1. The city engineer has stated that this subject lot is small and cars shall not be parked within the right —of - -way (ROW) where they could block visibility on Sherman Street. At a minimum, if this zoning request is approved, then the owner should identify the property line with an identifiable perimeter line or a curb to keep parked cars off the ROW. Gravel is on the site but it is no longer allowed. 2. The fire marshal stated that he has no issue with this requested zoning change but he did state, however, that he had concerns about access and site distance considerations with the addition of auto sales on this subject property lot. 3. The public works director and the city engineer have determined that there is a sewer line located at an adjacent property, which does not affect this zoning case. 4. For the March 6, 2017 Planning and Zoning Commission meeting, the city planning manager determined that there are factors that can argue for both approval or disapproval of this rezoning request. However, after careful deliberation, the Planning and Zoning Commission decided to recommend approval of this SUP, with a five (5) year time limit, but tabled this item for further clarification from the city attorney regarding time —frames that can be applied to an SUP. The staff concurs with the commission's decision to approve with a time —limit condition. In this current rezoning request, the SUP is specifically for approval of an open car lot, and therefore the request involves land area on the site itself, in contrast to the existing bail bond office structure already on site; therefore the staff did not require a typical site plan. In that regard, the city staff has instead requested that the applicant provide the following basic information, in the site plan context, to further enable evaluation of this rezoning request: (a) the location of where the cars to be sold will be parked, and in relation to parking for the remaining bail bond business; (b) identify the number of parking spaces (with the correct dimension of said spaces); (c) show access for the parking of all vehicles; and (d), items (a) (b) and (c) above should be illustrated in relation to the property line. The applicant has addressed these components and the city staff has evaluated these items. RECOMMENDATION: Approve a change in zoning from Central Area District (CA) to a Central Area District with a Specific Use Permit (No. 50—New or Used Car Lot, Open) on Lot Part of 10 & 11, City Block 178, being located at 443 S.W. 1St Street, with the condition that this SUP be limited to a period of five (5) years with the opportunity to request additional time through the Specific Use Permit approval process. 2 I L is, _ ti w 'W ui kv ld it t w 4 j �w. ww :F x ? 7 "t i ' x I a CD AM SW E zfz 91 `i4 rwa� e+ Y �' _ is : rL Ndsrw� 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 LOT PART 10 AND 11, CITY BLOCK 178, BEING LOCATED AT 443 S.W. 1ST STREET, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A CENTRAL AREA DISTRICT (CA), TO A CENTRAL AREA DISTRICT (CA) WITH A SPECIFIC USE PERMIT (50) NEW OR USED CAR (OPEN) LOT; 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 & Zoning Commission received a request for an amendment to the Zoning Ordinance of the City of Paris to rezone Lot Part 10 and 11, on City Block 178, being located at 443 S.W. 1St Street, in the City of Paris, Lamar County, Texas, from a Central Area District (CA) to a Central Area District (CA) with a Specific Use Permit (50) New or Used Car (Open) Lot; and, WHEREAS, on April 3, 2017, 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 approve the requested zoning; and, WHEREAS, on April 10, 2017, 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 Comprehensive Future Land Use Plan of the City of Paris, 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 Lot Part 10 and 11, City Block 178, being located at 443 S.W. 1St Street, in the City of Paris, Lamar County, Texas, from Central Area District (CA) to a Central Area District (CA), with a Specific Use Permit (50) New or Used Car (Open) Lot. FI;T I Section 3. That this Specific Use Permit is approved with the following stated conditions, and each shall be approved by the City of Paris city engineer, and other appropriate staff as determined by the city engineer: (a) the location of where the cars to be sold will be parked, and in relation to parking for the remaining bail bond business; (b) identify the number of parking spaces (with the correct dimensions of said spaces); (c) show access for the parking of all vehicles; and (d) (a) (b) and (c) above shall be illustrated in relation to the property line. Section 4. 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 5. 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 6. 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 7. 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 8. 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 9. This ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED on this 10th day of April, 2017, 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 FRINEMW