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16 - Zoning Change for Trailers in the Central Area DistrictItem No. 16 TO: Mayor & City Council John Godwin, City Manager FROM: Alan Efrussy, AICD, City Planning Manager SUBJECT: ZONING CHANGE FOR TRAILERS, IN THE CENTRAL AREA DISTRICT DATE: December 5, 2017 BACKGROUND: Over the past several years, the city staff has been incrementally updating the Paris Zoning Ordinance to reflect more modern and technically feasible zoning principles and practice. This agenda item is recommending a modification to the Zoning Ordinance regarding the sale and rental of trailers. In particular, this item is to conduct a public hearing and take action regarding the petition of the City of Paris, Texas, to amend Zoning Ordinance No. 1710 by eliminating the sale and rental of trailers in the Central Area (CA) Zoning District. Based on staff recommendation, at the November 6, 2017 Planning and Zoning Commission meeting the commission unanimously approved the statYprocceding with, the public hearing process for this item. At the December 4, 2017 commission meeting, no one spoke either in favor of or in opposition to, this request and the commission voted unanimously to recommend approval of this amendment to the Zoning Ordinance. STATUS OF ISSUE: During the early part of 2016, while the city staff was preparing recommended updates to the Zoning Ordinance, discussion occurred regarding land uses within the downtown area, largely represented by the Central Area (CA) Zoning District. Ultimately, staff and the Planning and Zoning Commission recommended, and the City Council approved, the elimination of uses that were incompatible with the development of downtown. A use that remained that staff had recommended eliminating was the rental and sales of trailers. This use remained since several citizens commented that during the past several decades these kinds of auto -related uses, including new and used car sales, had functioned in Paris downtown, and for that reason they wanted to leave the trailer use in the CA zone. During 2016 and continuing through 2017, city staff has been discussing and amplifying a series of recommendations, policies, and actions to further advance the future development and enhancement of Paris' downtown regarding land uses, functions, and inarketing opportunities. In light of these continued commitments to further amplify the benefits of downtown, staff is ,strongly recommending that we now eliminate the sale or rental of trailers as a pen-nitted use in the CA Zone; simply put, this is a use that is typically not located in downtowns that are the size of Paris' and such use is not representative of the kinds of land uses or character that would benefit the continued enhancement of the important amenity that is the Paris downtown. BUDGET: N/A R ECOMME,NDATION: Amend Zoning Ordinance No. 1710 to eliminate trailer rental and sales as either a permitted use or through the Specific Use Permit process in the Central Area (CA) Zoning District. WHEREAS, the City of Paris adopted a temporary Zoning (Ordinance in 1942, and ordinances amending the Zoning Ordinance were passed by the City Council in 1945, 1957, and 1965; and WHEREAS, additional amendments were added to 'Zoning Ordinance No. 1.710 (April 12, 1965) during 1971 through 1987 and 2012 through 2017; and WHEREAS, the City of Paris staff and officials desire to partially update and amend portions of Zoning Ordinance No. 1710 to aid in the more efficient growth and development of the City of Parise, Texas and to better reflect current and appropriate American zoning practice; and WHEREAS, the sale and rental of trailers are presently permitted in the Central. Area, Light Industrial, and. Heavy Industrial Zoning Districts, but are not allowed in the Commercial Zoning District; and WHEREAS, the trailer sale or rental use is not representative of the land uses or character that would benefit the continued enhancement of the important amenity that is the Paris downtown and thus should be eliminated in the Central Area; and WHEREAS, the sale and rental of trailer use is compatible with many, though not all, areas in the Commercial Zoning District; and WHEREAS, the a change in the Zoning Ordinance to allow the sale and rental of trailers in the Commercial Zoning District only through means of the Specific Use Permit (SHIP) process will accommodate the use in such areas in the Commercial Zoning District where the use is appropriate while safeguarding areas in the Commercial Zoning District in which the use is not appropriate; and WHEREAS, trailer sales and rental should still remain as a permitted use within the Light Industrial and Heavy Industrial 'Zones; and WHEREAS, on December 4, 2017,.following notice and publication as required by law, the Planning and Zoning Commission conducted public hearings on the proposed amendments to the City Zoning Ordinance and, following said hearing, made formal recommendations to the City Council to approve the requested amendments; and WHEREAS, on December 11, 2017, following notice and publication as required by law, the City Council of the City of Paris conducted public hearings on the proposed amendments 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 hearings, found and determined that approving the aforesaid amendments would be 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 C01UNCIL OF THE C'ITY 0 PARIS,, TEXAS: 0 ,Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That Section 8-107, "Commercial & Service, Uses," in Section 8, "Use of Land and Buildings," of Zoning Ordinance No. 1710 of the City of Paris, Texas, be, and the same is hereby amended to read in its entirety as set forth in Exhibit A attached hereto and incorporated by referenced as if fully set forth herein. Said amendment eliminates the "'Trailer Rental or Sales" use in the Central Area (CA) Zoning District entirely, provides for the "Trailer Rental or Sales" use in the Commercial (C) Zoning District through the Specific Use Permit (SUP) process only, and retains as a Permitted use "Trailer Rental or Sales" in the Light Industrial (1,I) and Heavy Industrial (HI) Zoning Districts. Section 3. That Section 12-100, "Specific Use Permits," of Zoning Ordinance 1710 of the City of Paris, Texas, be, and the same is hereby amended to add Item (54), to read as follows: "(54) Trailer rental or sales must have a specific use permit to locate in a Commercial (C) Zoning District in the City of Paris, Texas." 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 Par -is 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 1111, day of December, 2017, by the City Council of the City of Paris, Texas, in regular session, following notice and publication as required by law. Steven J. Clifford, M.D., Mayor ATTEST: Janice Ellis, City Clerk Stephanie H. Harris, City Attorney 0 APPE,14DIX C, ZONING ORI)INANCE M A FIS if I 1 ....... .... Slfil 2 SF2F 3, M71, 1 MF1 2 P 0 N,15 GR C Cil Ld 1-11 PD PU .. . ESS . ........ ... Ii a, 14 Z Se,hwdule of thws W rz, At" W 14, 8407 COMMERCIAL & SERVICE USES Bukvry- and . ..... -- -- -- ------- -- Confectionery I T11- wholegale Bot- L1LjTjg, . Works .... .... ...... Billboard ai,-jd Advertising Sign (29) Busitu%$ SignK and PoIr Buildingy rial Saj( &alal%'b.et or vistery ............ . Cleaning, and Dyeukg, Plant ,;MMe c,ial (31) earkinly Plant 0 (ind Bags it' I Special L1 i F, qlj , ent) (31) Amusements S (Indoor) -- .... .... . . Zri��=�W4 Laf Amuoements r4 (Outdoor) (32) C,nzata d�ta rS!�Ojl andStorap Yard ..5-- - . . . . ........ . ance Public Distillery produc- ing 6,,000 gal. per, ycar canllnaal.illal more, . . .... r y produc- . ing less than 8 S 6,600 pill, per year Drive-in T eatre S Motor Heavy Ma(.Aiinery .. . ....... .... i Sales and Stor- 19 Housebald Appfi- anwS Sales and Job Pr-ntingy--- -P-1-a- -ii-, ........ . .. . ....... . . . . 1—a u d—ry—,, i i t (Coinmerci�]) . ....... . .. Supp. No. 87 304,5 M FIARIS CODE 7- A SF. 1 2 3 2F 1 -- 2 ----------- P 0 ......... NS OR CC Ll 111 PD ... . .... LI . . . ....... ESS Hj�- li? r. .2, 0 8-107 COMMERCIAL & SERVICE USES ............. Milk :Deput, . . . ........ Ice P "11Ili-11 I a I -I "ew - ----- -EY . . ................. Paint Sh-ok�IL . . . ............. . ..... Plum,bi . . ..... ... . . . Railroad or Bus . . . . ..... ............ . ....... Paaw,ap,,er Sta. tion ......... Track, Fri lht Depot an'dne� .... . Scientific and . ...... --------- Research, Laboratories ....... ........ . ............. ..... Storage and ------ Repair of Furniture and Pances Inside If! I d' Storage and Sale . . ....... .. . ... . ........... DfFlurniture and Appb -lances Outlide a Build- ing (34) Storage Ware& L S —U�-e� . .... . ....... . 'trailer Rental or . . . . .. . ...... . ...... . . . ....... . sales 0 F. Trade mid Com- .. . ....... . QQ mercial Schools Trawfer Storage and B aggage Terminil Veterinarian . .... .. .... .. Clinic and Ken- nels .. . ........ . ..... and Sample Room lie of'Beer, ne, or Liquor for Distribdion with no Retail Saies on the Premisea (See, 8-3030 . . . . . ......... ....... As pernlitted in desipmated Zoning district daSsifi ca ti oils, . .... ....... . . . ..... Supp. No. 8,7 3046