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15 - Zoning Change Request Commercial to Commercial-SUP for Self Storage - 2455 South ChurchItem No. 15 memorandum TO: Mayor & Council FROM: John Godwin, City Manager SUBJECT: ZONING CHANGE, 2455 SOUTH CHURCH DATE: January 8, 2019 BACKGROUND: Sharon Houchins is requesting a change in zoning from Commercial to Commercial with a Special Use Permit (SUP) for self -storage. Ms. Houchins currently operates a carwash on this 3.85 acre lot on SH 19/24 (Church Street), which she plans to close and convert into a storage facility. She already has storage units on the back (east side) of her property. Property to the east is zoned and used as residential. Other properties are zoned Light Industrial and Commercial. STATUS OF ISSUE: The Future Land Use Plan calls for all of this area to remain Commercial. Adding an SUP to an existing Commercial zoning (and business) should neither increase nor decrease the intensity of use, or traffic counts. Performance standards (light, noise, dust, etc.) should not be an issue due to the distance to the nearest residential use. Therefore, we see no reason to preserve the straight C zoning. The planning and zoning commission met and conducted a public hearing on this request on January 7. No one spoke for or against the request; one person spoke to ask a question. The commission recommended approval by a vote of 7-0. RECOMMENDATION: Approve a zoning change from Commercial to Commercial -SUP. SUBJECT PROPERTY- 2455 S CHURCH STREET December 20, 2018 12,257 Paris, TX 2 Mile E.T.J. - 2018 ArkTex 9-1-1 Roads 0 0.02 0.04 0.09 mi Municipal Boundary Data for Paris, Texas City or County Roadway 0 0.04 0.07 0.14 km L.C.A.D. 2017-18 ROLL Parcels State Roadway ®o�so-e�anaP �a�a� oo�mc�m�, tear-sa State Roadway "w" Addressing In Progress - 2018 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 CITY BLOCK 170- C, LOT 14-A, BEING LOCATED AT 2455 S. CHURCH STREET, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A COMMERCIAL DISTRICT (C) TO A COMMERCIAL DISTRICT (C) WITH A SPECIFIC USE PERMIT (SUP) FOR A SELF-SERVICE STORAGE FACILITY, 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 City Block 170-C, Lot 14- A, being located at 2455 S. Church Street, in the City of Paris, Lamar County, Texas, from a Commercial District (C) to a Commercial District (C) with a Specific Use Permit (SUP) for a self-service storage facility; and, WHEREAS, on January 7, 2019, 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 January 28, 2019, 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 City Block 170-C, Lot 14-A, being located at 2455 S. Church Street, in the City of Paris, Lamar County, Texas, from a Commercial District (C) to a Commercial District (C) with a Specific Use Permit (SUP) for a self-service storage facility. 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 28th day of January, 2019, 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