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13 - Zoning Amendment - from One-Family to Commercial District - Block 320 Lots 1 and 1A - Loop 286 and NE 20th HickoryItem No. 13 Memorandum TO: Mayor, Mayor Pro -Tem and 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 Ross Moore/War Horse Limited, LLC for a zoning change from a One -Family Dwelling District No. 2 (SF -2) to a Commercial District (C) in the City of Paris, Block 320, Lots 1 and IA, located at Loop 286 and NE 20th/Hickory Street- LCAD 18793 and 18794. MTG. DATE: May 22, 2023 BACKGROUND The applicant has requested a rezoning change from SF -2 to C. The proposed use of the property is for display and sales of pools and hot tubs, which is allowable under the Commercial district. No plans for site improvements were provided at this time, however pre -development was subsequently scheduled for the week packets were due out. At its May 1, 2023 meeting, the P&Z recommended approval of the rezoning to City Council. A few neighbors to the South along Hickory Street expressed concerns and opposition about the zoning change. ANALYSIS The subject property is zoned SF -2, is guided Retail on the Future Land Use Map (FLUM) and is vacant land on a 3.2 acre parcel. There is a single-family residence and Ag buildings with a fenced yard on part of the property. • The land to the West is zoned C, is guided for Retail, and are businesses. • The land to the North is zoned C, is guided for Retail & Planned Development (PD), and are businesses on the north side of Loop 286. • The land to the East is zoned C, is guided for Retail, and contains the driveway and slab remnants of a structure. • The land to the South is all Zoned SF -2, is guided partly for Low Density Residential (LDR) along both sides of 25th St. NE and partly Medium Density Residential (MDR) to 26th St. NE. There are single-family homes along Hickory & Beverly West of 25th St NE, the Victorious Life Church East of 25th St. NE and single-family residences on the cul-de-sac along 26th St NE. The change in zoning will be consistent with the current FLUM and therefore consistent with the City's Comprehensive Plan. This change fits with anticipated redevelopment along Loop 286 Corridor which is anticipated to see new upgrades in the next 2 years between Stillhouse Rd & Pine Mill. It is noted that this agenda item is a request to change zoning from SF -2 to C, which is supported by the FLUM. Therefore, while the allowable uses within the C are not the subject of this agenda item, it will be noted that any improvements to the site for display of pools and hot tubs (the use) will require paved access from the roadway to the display area locations according to the City's Off - Street Parking Regulations. RECOMMENDATION P&Z and the Staff recommends approval for the rezoning from a One -Family Dwelling District No. 2 (SF -2) to Commercial District (C). Rezoning from SF -2 to C for Ross Moore/War Horse Limited, LLC Pool & Hot Tub Display 2. 2021 l: C,852 0 D2 cod 0.07 nil 0.014 M06 Q, 12Y 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 OF PARIS BLOCK 320, LOTS 1 AND 1A, LOCATED AT LOOP 286 AND NE 20TH/HICKORY STREET (LCAD 18793), FROM A ONE -FAMILY NO. 2 (SF -2) ZONING DISTRICT TO A COMMERCIAL (C) ZONING DISTRICT; 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 of Paris Block 320, Lots 1 and 1A, located at Loop 286 and NE 20th/Hickory Street (LCAD 18793), from a One - Family No. 2 (SF -2) zoning district to a Commercial (C) zoning district; and WHEREAS, on May 1, 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 May 22, 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 would be 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 of Paris Block 320, Lots 1 and 1A, located at Loop 286 and NE 20th/Hickory Street (LCAD 18793), from a One -Family No. 2 (SF -2) zoning district to a Commercial (C) zoning district. 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 B. This ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED on this 22nd day of May, 2023, by the City Council of the City of Paris, in regular session, following notice and publication as required by law. Reginald B. Hughes, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney