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14 - Zoning Change Request - Lisa Short - Two-Family Dwelling District to an Office District - Block 4 Lot 23 - 3206 BonhamItem No. 14 MIM, I =�, TO: Mayor & City Council FROM: Carla Easton, P.E., Community Development Director SUBJECT: ZONING CHANGE, 3206 BONHAM ROAD DATE: September 5, 2019 BACKGROUND: Lisa Short is requesting a change in zoning on a 0.254 acre lot from 2F Residential (duplex) to Office (0) for her tax service, which has been in business on this location since 1987. The subject property is located on the north side of Bonham and has varied types of residential uses in every direction. Actual zoning districts in the immediate area include SF -2, 2F, MF -1, MF -2 and Neighborhood Services. Ms. Short has no planned changes for the property; she simply seeks to continue her business on this site with appropriate zoning. The property is located on a relatively well -travelled state highway; it has no drainage issues. STATUS OF ISSUE: A significant majority of the area is single family and is so zoned. A few exceptions include two Neighborhood Services (NS) lots, an MF -1, the VFW hall (a former church), and two lots inexplicably zoned 2F. These latter lots include the subject lot and its immediately contiguous neighboring lot, neither of which are occupied by duplexes. The future land use plan calls for a wide strip of both sides of Bonham to convert over time to retail -type uses, which does include office. This request is therefore consistent both with the city's long-term plan, and with its current actual usage. Of course, this lot was the subject of a previous request for a zoning change to NS. That request was recommended for approval by staff, and by a 7-0 vote of the commission. At the council level, the request received four of six votes cast; however due to a protest petition, six positive votes were required under state law. This request is more finite, with fewer variations permitted in O than NS, so although we favored approval of Neighborhood Services before, Office is, we believe, an even better option. Staff received ten input forms from the neighbors opposing this zoning change, and one in favor of it. The planning and zoning commission conducted a public hearing at its regular meeting of September 5 to address this request. One person spoke against, one person spoke in favor, and the applicant spoke in favor. The commission voted 5-0 to recommend approval of this zoning change. A petition was also submitted in protest of the zoning change, however there are not enough representation of qualified properties (within 200 feet of the subject property) to require a supermajority vote. RECOMMENDATION: Approve of a zoning change from 2F Residential to Office. 3206 Bonham Street- SUBJECT PROPERTY May 14, 2019 1[1,128 0 0.01 0.02 0.04 mi 0 0.02 0.04 0.07 km ® Open9beefMap (and) conftutom, CC-BYSA Scanned with CamScanner 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 23, CITY BLOCK 4, IN THE MAYER ADDITION, LOCATED AT 3206 BONHAM STREET, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A TWO-FAMILY DWELLING DISTRICT (2F) TO AN OFFICE DISTRICT (0); 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 23, City Block 4, in the Mayer Addition, located at 3206 Bonham Street, in the City of Paris, Lamar County, Texas, from a Two -Family Dwelling District (2F) to an Office District (0); and, WHEREAS, on September 5, 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 September 23, 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 Lot 23, City Block 4, in the Mayer Addition, located at 3206 Bonham Street, in the City of Paris, Lamar County, Texas, from a Two -Family Dwelling District (2F) to an Office District (0); 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 S. 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 B. This ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED on this 23rd day of September, 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