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11 - Zoning Change from Single-Family Dwelling to Neighborhood Service - Mayer Addition, Block 3, Lot 27, 3150 Bonham Street & 10 N.W. 32nd StreetItem No. 11 TO: Mayor & Council FROM: John Godwin, City Manager SUBJECT: ZONING CHANGE, 3150 BONHAM STREET DATE: July 3, 2019 BACKGROUND: James O'Bryan has applied for a change in zoning on a 0.462 acre lot on Bonham and 10b NW Streets. The purpose of the request is to change the zoning from S172 Residential to Neighborhood Service (NS) for the purpose of continuing to operate a beauty shop that has operated on this lot for a number of years, while retaining the current residential use. The property is located on a relatively well -travelled state highway; it has no drainage issues. This request should not increase traffic or parking demands. The beauty shop is a legal conforming use, with a certificate of occupancy. STATUS OF ISSUE: A majority of the area is single family and is so zoned. A few exceptions include two other NS lots, a long-standing tax service office on a 2F lot, MF -1 next door, the VFW hall (a former church) immediately behind, and a second 2F lot. The future land use plan calls for a wide strip of both sides of Bonham to convert, over time, to retail -type uses, which can include neighborhood services, offices, retail, parking, etc. This request is therefore consistent with the city's long-term plan. Although in the short-term it will be somewhat inconsistent with much of what is currently on the ground, this is typical of transition zoning. The planning and zoning commission met on July 1, and following a public hearing at which interested persons spoke for and against, the commission recommended approval of the zoning request by a vote of 7-0. A protest petition was presented and staff verified the 20% threshold was surpassed; therefore, council approval requires a super majority, or six votes, regardless of the number of members present. BUDGET: NA RECOMMENDATION: Approve a zoning change from SF2 Residential to Neighborhood Services. However, should there be six or fewer members present, hold the public hearing open to a date certain. 3150 Bonham St & 10 NW 32nd St -SUBJECT PROPERTY June 26, 2019 1:564 Paris, TX 2 Mile E.T.J. - 2018 Addressing In Progress - 2018 Municipal Boundary Data for Paris, Texas ArkTex 9-1-1 Roads L.C.A.D. 2017-18 ROLL Parcels City or County Roadway State Roadway 0 0.01 0.01 0.02 mi 0 0.01 0.01 0.03 km ® OpenfteelMap (and) oonbibulon, CC -BV -SA ZONING CHANGE REQUEST PROTEST PETITION FOR CHANGE FROM: [� SINGLE-FAMILY DWELLING DISTRICT (SF -2) TO NEIGHBORHOOD SERVICES DISTRICT (NS) FOR 3150 BONHAM ST MAYER ADDITION BLK 3, LOT 27; LCAD ID -13094 Date: 7/2/2019 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 CITY BLOCK 3, LOT 27, IN THE MAYER ADDITION, BEING LOCATED AT 3150 BONHAM STREET AND 10 N.W. 32ND STREET, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A SINGLE-FAMILY DWELLING DISTRICT (SF -2) TO A NEIGHBORHOOD SERVICE; 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 3, Lot 27, in the Mayer Addition, being located at 3150 Bonham Street and 10 N.W. 32nd Street, in the City of Paris, Lamar County, Texas, from a Single -Family Dwelling District (SF -2) to a Neighborhood Service; and, WHEREAS, on July 1, 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, a written protest against the proposed rezoning of this property has been received from in excess of twenty percent (20%) of the owners of the property within 200 feet of the boundary lines of the proposed tract to be rezoned, thereby requiring a three- quarter (3/4) majority vote of the City Council to approve the rezoning of the property; and, WHEREAS, on July, 22, 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 3, Lot 27, in the Mayer Addition, being located at 3150 Bonham Street and 10 N.W. 32nd Street, in the City of Paris, Lamar County, Texas, from a Single -Family Dwelling District (SF -2) to a Neighborhood Service. 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 July, 2019, by the City Council of the City of Paris, in regular session, following notice and publication as required by law. Paula Portugal, Mayor Pro -Tem ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney