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12-Zoning Change-741 N.W. 9th-Light Industrial-CommercialItem No. 12 memorandum TO: Mayor & City Council John Godwin, City Manager FROM: Alan Efrussy, AICP, Planning Manager SUBJECT: ZONING CHANGE FROM LIGHT INDUSTRIAL TO COMMERCIAL, 741 N.W. 9TH STREET. DATE: April 4, 2017 BACKGROUND: Robert Giberson has requested a zoning change from Light Industrial (LI) to Commercial (C), for 7.42 acres on City Block 86, Lot 7, located at 741 N.W. 9' Street. The property is now essentially vacant, with some vegetative cover. Changing the zoning to Commercial would permit one - family detached and attached dwellings, as well as two - family and multi - family and apartment buildings. This would enable the applicant to build a single family home with a home office use, neither of which are allowed in the existing Light Industrial (LI) district. At the April 3, 2017 public hearing, two individuals spoke in favor of this rezoning request and no one spoke in opposition. The commission voted 6-0 in favor of recommending approval to the city council. STATUS OF ISSUE: The areas northeast, east, southeast, and partially south are all currently zoned Commercial, actually making the subject property more compatible with the requested zoning change than with the existing LI zoning. The proposed C zone would also be a better buffer to existing and adjacent single - family zones that are located south and west of this property. Finally, the subject property would be provided with a new use, as opposed to the lot remaining potentially vacant under the existing LI zone. The Future Land Use Plan recommends Low Density Residential. There are no inconsistencies with the Parks, Recreation, and Open Space Master Plan, there are no issues with the floodplain, and there are no environmental constraints. At platting, we will need 5' of frontage on Campbell, 9th NW, and Shiloh, as well as 10' of utility easements. RECOMMENDATION: Approve a change in zoning from Light Industrial (LI) to Commercial (C) for property on City Block 86, Lot 7, located at 741 N.W. 9th Street. co ti 1111 lial as 5 MN ORDINANCE NO. DRAFT 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 7, CITY BLOCK 86, BEING LOCATED AT 741 N.W. 9T" STREET, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A LIGHT INDUSTRIAL (LI) TO A COMMERCIAL DISTRICT (C); 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 Lot 7, City Block 86, located at 741 N.W. 9th Street, in the City of Paris, Lamar County, Texas, from a Light Industrial District (LI) to a Commercial District (C); 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 7, City Block 86, located at 741 N.W. 9th Street, in the City of Paris, Lamar County, Texas, from a Light Industrial District (LI) to a Commercial District (C); and, Section 3. 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 4. 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 5. 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 6. 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 7. 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 8. 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