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14 - ZONING CHANGE AT 3117 FM 1497Item No. 14 memorandum TO: Mayor & City Council John Godwin, City Manager FROM: Alan Efrussy, AICP, City Planning Manager SUBJECT: CHANGE FROM AGRICULTURAL TO COMMERCIAL ZONING WITH A SPECIFIC USE PERMIT (SELF— STORAGE/MINI WAREHOUSE) AT 3117 FM 1497 DATE: May 11, 2017 BACKGROUND: This request is to conduct a public hearing and take action regarding the petition of Scott Baxley for a change in zoning from an Agricultural District to a Commercial District with a Specific Use Permit (No. 52— Self— Storage/Mini Warehouses), on A 511 J King Survey, Tract 2A. being located at 3117 FM 1497. This property is comprised of 1.844 acres, and there is no flood plain on this subject property, and there appears to be no man —made or natural environmental constraints on this property. At the May 1 Planning and Zoning Commission meeting, no person spoke either in favor of or in opposition to this request. The commission voted unanimously to recommend approval of this zoning request to the council. STATUS OF ISSUE: The city staff finds the following: (A) Existing Land Use: There is an existing structure on this property. (B) Proposed Land Use: The applicant desires to establish climate—controlled storage units using the existing building on this property. (C) The Future Land Use Plan (FLUP) within the Comprehensive Plan: The FLUP recommends Commercial use for this property. (D) Staff Comments: The city engineer has stated that FM 1497 is a TxDOT right of way, and that no dedication is anticipated. Both the city engineer and the public works director state that a ten foot additional utility easement will be needed across FM 1497 frontage. In addition to these dedications, there is an existing gravel lot, and the staff is evaluating the status of said lot in relation to this SUP request. The fire marshal has discussed the potential need for a sprinkler system, and proper distance of the fire hydrant to correctly serve this site. These comments have been discussed with the applicant, and these components will be addressed as part of the SUP conditions for this case. (E) Site Plan: The Zoning Ordinance requires site plan submittal as part of a Specific Use Permit rezoning request. For vacant property, a traditional site plan is required. However, on properties such as this, where an existing building is intended to be used as part of the SUP request, the city requires photographs and (where they exist) site layouts illustrating the existing structures to be used. The applicant has submitted a site layout as well as photographs. The site plan is to be reviewed and approved by the city staff. Of course, should this rezoning request be approved, the applicant will still be required to address other zoning requirements for the C Zone, including parking, fire protection, etc. Further, should the applicant add additional structure(s) on this site, an amended site plan will be required, subject to the approval of city staff. These site plan requirements have been discussed by the city planning manager with the applicant. Staff Considerations Regarding this Proposed Zoning Request: The city staff supports this rezoning request for the following reasons: (a) The Future Land Use Plan recommends Commercial use for this subject property, which is compatible with this rezoning request. (b) This proposed use will increase the commercial viability of this subject property, and (c) The granting of this Special Use Permit, which is always site - specific in its nature and evaluation, is compatible with the area relative to this site, since the FLUP also recommends Commercial use adjacent to and south of this subject property and also farther south. Therefore, this property will have Commercial land use recommended adjacent to its north and south, thereby implementing the Commercial use recommended for this portion along the east side of FM 1497/S.E. 3' Street. RECOMMENDATION: Approve a change in zoning from an Agricultural District to a Commercial District with a Specific Use Permit (SUP) (No. 52— Self— Storage/Mini- Warehouses), on A 511 J King Survey, Tract 2A, being located at 3117 FM 1497. Said required Site Plan is a condition of approval, and shall be reviewed and approved by city staff. 2 1 `c! KN N I ' Scale: 1"= 1 Da' Ale name: 213OCTOO u� 3 r l� 1.844 Acre S 69,09'191° w Bdck & Metal Siding Building Z. '"11 .34' 39,3 Cow C&mrad Cdie, 32-5 Scale: 1" = 3D'� �� �.• �,.::•,:rG'. s >; �r EXHIBIT owl, r F.,p� . �� I � ,� t f �� i i ,i �, 7 `-� t � y�3: r f w P�� �� I= _._. _..- :.�._�.. ._.: Ti - ...�.._�. _.:. :.. a. I :: h 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 A 511 J KING SURVEY, TRACT 2A, BEING LOCATED AT 3117 FM 1497, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM AN AGRICULTURAL DISTRICT (A) TO A COMMERCIAL DISTRICT (C) WITH A SPECIFIC USE PERMIT (SUP #52) FOR SELF - STORAGE /MINI WAREHOUSES; 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 A 511 J King Survey, Tract 2A, being located at 3117 FM 1497, in the City of Paris, Lamar County, Texas, from an Agricultural District (A) to a Commercial District (C) with a Specific Use Permit (SUP # 52) for Self- Storage /Mini Warehouses; and, WHEREAS, on May 1, 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 May 22, 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 A 511 J King Survey, Tract 2A, being located at 3117 FM 1497, in the City of Paris, Lamar County, Texas, from an Agricultural District (A) to a Commercial District (C) with a Specific Use Permit (SUP # 52) for Self - Storage /Mini Warehouses, with the following conditions: • That a ten foot (10') additional utility easement will be needed across the FM 1497 frontage. In addition to these dedication considerations, there is an existing gravel lot, and the city staff is currently in the process of evaluating the status of said lot in relation to this SUP request. • The Fire Marshal has discussed the potential need for a sprinkler system, and proper distance of the fire hydrant to correctly serve this site; these discussions are currently underway. These staff comments have already been discussed with the applicant, and these components will be addressed by staff as part of the SUP conditions for this zoning case. • Said required Site Plan as per Zoning Ordinance No. 1710 is a condition of approval and shall be reviewed and approved by the City of Paris staff. 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 22nd day of May 2017, by the City Council of the City of Paris, in regular session, following notice and publication as required by law. Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney