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15-16 - One Family Dwelling to Commercial 3755 Jefferson Road & GR to Commercial 3800 Block of SE Loop 286Item Nos. 15 & 16 Memorandum TO: Mayor, Mayor Pro Tem, City Council Grayson Path, City Manager FROM: Andrew Mack, AICP Director Planning & Community Development SUBJECT: Conduct a public hearing and take action regarding the petition of Chad Stephens on behalf of Kenda Taylor for a zoning change from a One -Family Dwelling District No. 2 (SF -2) to a Commercial District (C) in Jefferson Heights, Block A, part of Lot 1 (0.202 acre), located at 3755 Jefferson Rd- LCAD 12434. —and— Conduct a public hearing and take action regarding the petition of Chad Stephens on behalf of Kenda Taylor for a zoning change from a General Retail District (GR) to a Commercial District (C) in Jefferson Heights, Block A, Lot 22, located in the 3800 Block of SE Loop 286- LCAD 22151. MTG. DATE: February 27, 2023 BACKGROUND The applicant has requested a rezoning change from both SF -2 and GR to Commercial. A surveyed legal description was supplied for this request which proposes splitting off the rear portion of the residential property that contains the large accessory building to be re -platted with the larger 5 acre tract along the loop highway. A contractor business is planned for use of this building and the large barn structure to the rear of the accessory building. A separate entrance from the Old Jefferson Highway is available and would need to be improved on the commercially zoned property and screened from the adjacent residence. There is currently a tree landscaped area in place which could be augmented with an additional landscaping hedge or a screening fence. Access is also from a paved roadway and therefore the driveway would need to be paved to the business parking area. With the previous approval of the Future Land Use Map (FLUM) amendment, the property may be considered for approval of a zoning change consistent with the comprehensive plan. At its 2/6/23 meeting, the P&Z recommended approval of the rezoning request. ANALYSIS The subject property is zoned SF -2 and GR, but is now guided for Commercial, has 2 large buildings and substantial undeveloped acreage along the SE Loop Highway 286. • The land to the West is zoned AG, is guided for retail, and is undeveloped floodplain. • The land to the North is zoned AG, is guided for Medium Density Residential, and is a church. • The land to the East is zoned PD, is guided for Low Density Residential and is commercial mini storage. • The land to the South is Zoned SF -2, is guided for Low Density Residential and is single family homes. The change in zoning will be consistent with the previous FLUM amendment. The proposed commercial use of the property will serve as an appropriate transitional land use between more intensive highway commercial future development to the north and single-family areas to the south. INPUTS One written input was received in objection to the request. No one spoke in objection at the P&Z hearing. RECOMMENDATION The Planning and Zoning Commission and Staff recommends approval for the rezoning from SF -2 and GR to Commercial. 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 CHANGE THE ZONING FROM A ONE -FAMILY DWELLING DISTRICT NO. 2 (SF -2) TO A COMMERCIAL DISTRICT (C) FOR BLOCK A, PART OF LOT 1, JEFFERSON HEIGHTS ADDITION (0.202 ACRE, LCAD 12434), LOCATED AT 3755 JEFFERSON ROAD IN THE CITY OF PARIS, TEXAS; 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 change the zoning from a One - Family Dwelling District No. 2 (SF -2) to a Commercial District (C) for Block A, part of Lot 1, Jefferson Heights Addition (0.202 acre LCAD 12434) located at 3755 Jefferson Road in the City of Paris, Texas; and WHEREAS, on February 6, 2023 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 February 27, 2023, 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 change the Zoning from a One -Family Dwelling District No. 2 (SF -2) to a Commercial District (C) for Block A, part of Lot 1, Jefferson Heights Addition (0.202 acre LCAD 12434) located at 3755 Jefferson Road in the City of Paris, Texas. 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. 1.01.009 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 February, 2023, by the City Council of the City of Paris, in regular session, following notice and publication as required by law. Paula Portugal, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney 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 CHANGE THE ZONING FROM A GENERAL RETAIL DISTRICT (GR) TO A COMMERCIAL DISTRICT (C) FOR BLOCK A, LOT 22, JEFFERSON HEIGHTS ADDITION, LOCATED IN THE 3800 BLOCK OF SE LOOP 286 (LCAD 22151) IN THE CITY OF PARIS, TEXAS; 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 change the zoning from a General Retail District (GR) to a Commercial District (C) for Block A, Lot 22, Jefferson Heights Addition, located in the 3800 Block of SE Loop 286 (LCAD 22151) in the City of Paris, Texas; and WHEREAS, on February 6, 2023 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 February 27, 2023, 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 change the Zoning from a General Retail District (GR) to a Commercial District (C) for Block A, Lot 22, Jefferson Heights Addition, located in the 3800 Block of SE Loop 286 (LCAD 22151) in the City of Paris, Texas. 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. 1.01.009 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 27th day of February, 2023, by the City Council of the City of Paris, in regular session, following notice and publication as required by law, Paula Portugal, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney