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13 - Zoning Change Request - 418 S.W. 13th StreetItem No. 13 memorandum TO: Mayor & Council FROM: John Godwin, City Manager SUBJECT: ZONING CHANGE, 418 13th SW DATE: August 7, 2018 BACKGROUND: Jim Lester Auto Repair has applied for a zoning change on a 0.123 acre lot at 418 13th Street SE. The purpose of this request is to change the zoning from SF -2 Residential to Commercial in order to bring this property into compliance. The property includes a single family structure and a shed -type building that is currently used for mechanical repairs of motor vehicles. This is not an allowable home use, so the current activity is in violation of the city's zoning ordinance. STATUS OF ISSUE: A majority of the area is zoned single family. A single large area on the east side of 13th is zoned light industrial. The future land use plan calls for entirely low density residential (single family), so the long-term goal of the plan is for even that single light industrial site to eventually be converted to single family. We therefore believe the current zoning should remain the same. The fact that granting the change would bring the property into compliance is not a relevant factor. The existence of an ordinance violation is, if anything, a mark against the request. On August 6 the planning and zoning commission recommended denial by a 7-0 vote. No one spoke either for or against. RECOMMENDATION: Deny this zoning change request. EE olp Z 9}E' 3 0 161181 I'l OR Vhf I'M F-1 C E& 1wi\\E op 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 2, 0.1230 ACRES, CITY BLOCK 218, BEING LOCATED AT 418 SW 13TH STREET, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A ONE -FAMILY DWELLING DISTRICT (SF -2) 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 2, 0.1230 acres, City Block 218, being located at 418 SW 13th Street, in the City of Paris, Lamar County, Texas, from a One -Family Dwelling District (SF -2) to a Commercial District (C); and, WHEREAS, on August 6, 2018, 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 deny said proposed zoning change; thereby requiring a three-quarter (3/4) majority vote of the City Council to approve the rezoning of the property; WHEREAS, on August 27, 2018, 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 2, 0.1230 acres, City Block 218, being located at 418 SW 13th Street, in the City of Paris, Lamar County, Texas, from a One -Family Dwelling District (SF -2) to a Commercial District (C). 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 27th day of August, 2018, by the City Council of the City of Paris, in regular session, following notice and publication as required by law. Steven J. Clifford, M.D., Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney