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22 Public Hearing to deny amending Zoning OrdinanceCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 10/7/08 Community Lisa A. Wright, Director Council Date: Development 22. 10/13/08 RECOMMENDED MOTION: Conduct a public hearing to consider the petition of Theresa and Betty Jones and move to deny an ordinance amending Zoning Ordinance No. 1710 to change zoning from a One Family Dwelling District No. 3(SF-3) to a One Family Dwelling District No. 3(SF-3), with a Specific Use Permit (5) Day Nursery or Kindergarten School on Lot 2A, City Block 279, being number 1462 15th Street N.E. POLICY ISSUE(S): Zoning BACRGROUND: Theresa and Betty Jones have requested a zoning change for the purpose of opening a day caze facility at the proposed location. The Comprehensive Plan recommends that this property be zoned Low Density Residential. At the Planning & Zoning Commission meeting on Monday, October 6, 2008, several people appeared in opposition of this request. The concern of all who appeazed at the public hearing was that the proposed use would increase traffic along the narrow roads that lead to this property and the daycare itself would create a lot of noise. They stated that they wanted the area to remain strictly residential for fear that this would lead to other commercial uses in the area. The applicants for the zoning change had commenced, without a permit, a remodeling project on a metal building located at the back of the lot. After a neighbor reported the project, the City immediately issued a Stop Work Order. The property owners were advised they would have to seek a zoning change before they could apply for a building permit since the proposed activity is not allowed under the current zoning. The Planning & Zoning Commission denied this request; therefore, Section 21-105 of Zoning Ordinance No. 1710 states as follows: "Unless a proposed amendment, supplement or change has been approved by the Planning and Zoning Commission,... such amendment shall not become effective except by a three-fourths vote of the governing body." BOARD/COMMISSION RECOMMENDATION: The Commission denied the zoning change request by a vote of 6-0. EXHIBITS: Ordinance; location aerial; photograph of the property; and P& Z minutes ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation Z Ordinance y'I'D Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration Z City Clerk Z Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Urilities City of Paris Revised 2/04/08 . 000120 D RAFT Attorney\ordwork\current\10-13-08 Zoning Ord ORDINA11iCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE N0. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO REZOIVE LOT 2A, CITY BLOCK 279, ALSO KNOWN AS 1462 15TH STREET NE, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A ONE-FAMILY DWELLING DISTRICT NO. 3(SF-3) TO A ONE-FAMILY DWELLING DISTRICT NO. 3(SF-3) WITH A SPECIFIC USE PERMIT (5) DAY NURSERY OR KINDERGARTEN SCHOOL DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the Planning & Zoning Commission received a request for an amendment to the zoning ordinance of the City of Paris; to rezone LOT 2A, CITY BLOCK 279, from a ONE-FAMILY DWELLING DISTRICT N0. 3(SF-3) to a ONE-FAMILY DWELLING DISTRICT N0. 3(SF-3) WITH A SPECIFIC USE PERMIT (5) DAY NURSERY OR KINDERGARTEN SCHOOL; and, WHEREAS, on October 6, 2008, the Planning and Zoning Commission conducted a public hearing on said proposed amendment to the City zoning ordinance and, and, following said hearing, made formal recommendation to the City Council to deny said proposed zoning change; and, WHEREAS, pursuant to Sec. 21-105 of Paris Zoning Ordinance No. 0710, as amended, a zoning change request which has been denied by the Planning and Zoning Commission shall not be approved by City Council except by a three-fourth (3/4) majority vote of the governing body; and, WHEREAS, on October 13, 2008, the City Council of the City of Paris conducted a public hearing on the aforesaid 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 plan of the City of Paris, consistent with the City zoning ordinance, and in the best interests and to the benefit of the public health, safety, and welfare of the citizens of the City of Paris and approved the rezoning of the property from SF-3 to SF-3 WITH A SPECIFIC USE PERMIT (5) DAY NURSERY OR KINDERGARTEN SCHOOL with a vote of in favor and against. 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. 0 000130 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 2A, CITY BLOCK 279, City of Paris, Lamar County, Texas, from ONE-FAMILY DWELLING DISTRICT N0. 3(SF-3) to ONE-FAMILY DWELLING DISTRICT N0. 3(SF-3) WITH A SPECIFIC USE PERMIT (5) DAY NURSERY OR KINDERGARTEN SCHOOL, said property being more particularly described in Exhibit A attached hereto and made a part hereof. 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 Ciry 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 invalidiry 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 of the provisions of this ordinance shall be guilty of a Misdemeanor, and, upon conviction, shall be fined in any sum not to exceed $2,000.00, 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. Introduced and read on first reading on October 13, 2008, at a regular meeting of the City Council of the City of Paris and read and passed on second reading on October 27, 2008, at a regular meeting of the City Council of the City of Paris; the same being two (2) separate regular meetings of the City Council of the City of Paris. Section 9. That this ordinance shall become effective from and after its passage of the second reading and publication as required by law. PASSED AND ADOPTED on second and final reading this 27th day of October, 2008. Jesse James Freelen, Mayor 0 000131 ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney 1 UOU13G e r~Azzc.s3 or ~ . d , ►.96 Ae• 'A SfEA T _ ZZB.~ M ~ ~ WESf zoo.b' y ~°L~ Z~ \ \ vvesr r ZpO~B ~ • 4 ~ r • ~ Z ZG2.'L N LSQ'Nles r ~ zbz.zI v,l e s f ,s,f • ~ (1y44 Lo f z- A 1~w 4V /.96 Ac. ~ Zs. Zo• S Z 463' y sP _ ~ E,qrt S P' ~ ~ r OWNER' - Date ee Moore Gy~ 3 D a eLrw : . . . . APPROVED: a & Z Comm. . ~Qha~rman City SCALE : too' . . FIELD NOTES LOT 2-A IN CITY BLOCK 279 • f th Situated within the Corporate Limits oe City of~Paris, and State of 7exas, a part of the ReddiaS Russ- County of lamar. and being a part of tract 1, 2, and 4' of the Page 184, ell Survey #786. 476, in Deed to Lee Ploore as recoanddStateol. Oeed Records of said CountYin for corneY in the 14est Boundasaid Beginning at an iron p Line of 17th heE Northeas ts~ornersofclote2 ~n bl0tlNo4thfatdestance point being t said poirlt for corner also being Place Addition, dis- a~ ~g9.5 ft. from the No~he BeStdgoundary lfneoof517th N.E. a Thence North along in for corner; i~ for corner; tance of 153.4 ft. to an iron P ~n for corner; Thce distahce ft. to an iron P~n {or corner; 7hen Thence IJest a dista{he ~aStbgo8ndft. arytLine of~l5th N,E. a dis- Thence South along for corner at the Southwest corner North a dis ance tance of 225 ft. to an ii'on pin of said tract 4, said point for col-ner also being Line of Jotinson St. inning of 178 ft. from the North Boundary late of beg Thence East a distarice of 463 ft. to the p 1,96 acresefSblahd, utheast Vcorn~erEofEsaid t0rectt2'by. and containing 100 ft, lot sold out of th . l1CC'.✓lnJ ev, D_ED 696 P, GE995 EXHIBIT "A° . OOU130" . UOU134 COMMUNITY DEVELOPMENT DEPARTMENT P. 0. Box 9037 ic Paris, Texas 75461 ■ 903-784-9234 APPLICATION FOR ZONING CHANGE For Office Use Only Request Number: 1 Date Rcvd G 1`S `D Mtg Date: 1~ 1 O TYPE OF ACTION REQUESTED: kZoning Change ❑ Specific Use Permit O Planned Development PROPERTY INFORMATION: ILf (t~ Address: J\IOk%/-/ eAS l Name of Business or Building (if applicable): • Lot Bloc~-~~ Subdivisioil..l?~ ~ ~~C S) S~_3 Curcent Zoning: 'Ei P' 3 Proposed Zoning: ~ C_ What is the proposed use of the property? ~~GL., C0.s-t . Describe the character andlor nature of uses of surrounding property. Will the re-zoned designation be compatibie with the classification and use of adjoining lands? es No If No, how do you propose to reduce any adverse impact? is the tract unsuitable for uses permitted under the present zoning classification? Yes No If No, why are you requesting a change in the permitting uses? OWNER/APPLICANTINFORMATION: („youarenotrheowner,apermissionletterfromiheownerisrequired. Nyouare purchasingtheproperty,acopyol the eontraci may 6e usetlln /ieu of a permisslon /etterONLY IF ihe contracf provides thai fhe purchase !s condngenf upon ihe app/icant success/ully o61alning s zoning chenge.) . ApplicanYs Name 4- -R43F ApplicanfsAddress: 17 15 / / `6 N•,F, • Phone: Property Owner's Name: 1H.CXsSA Property0wner's Address: 1q1 s / /V • ~ • Phone: '{-S~// Z -~a38 ■u~u~~u~~~~~~~ru~~~~~u~u~~~~~~~eeue~~~s~~~~e~~~~~~~~~~~~~a~~~~~~~~~~~~u~i~~~~~u~■ ■~~~~~u~• RI~QUIRED SUBMITTALS (check those items which arg included): , r ompleted application signed by the ownerlapplicant✓ If Planned Deveiopment requested, include also: - Copy of a deed with metes and boundst- $Fern-(4) copies of a preliminary site plan -B-flermission lerier from owner --&~-6epy of contract to purchase the property I have carefully read the complete applicaiion and know the same is true and correct. I hereby agree to comply with all provisions of local, State, and federal Laws will be complied with, whether herein specified or not. I certify that i am the owner of the above property or his duly author d agent. Signed: Address: PrintName: GC Phone Number. &I.+oie~a~r{ Date: Fax Number: SWORN TO AND SUBSCRIBED BEFORE ~ d y of , 20 ~p{BII~IXII/p JEANhA SCO1T ~ ry-` rl~ NOTAFY FUBLIC • 1` - u lic, State oi Texas S7ATE CF TEXAS ty (!IS* Ny Commission Exphes 01-26-2011 FILED: 12/O6 . 000135 1 / l / 1 / i / ~ ~ J ~ ~ ~ :r_- ~ MINUTES REGULAR MEETING PLANNING AND ZONING COMMISSION CITY OF PARIS - CITY HALL COUNCIL CHAMBERS 107 E. KAUFMAN STREET PARIS. TEXAS MONDAY. OCTOBER 6. 2008 5:30 O'CLOCK P.M. 1. The regular meeting of the Planning and Zoning Commission on Monday, October 6, 2008, was called to order at 5:30 p.m. by Reeves Hayter. A. The following members were present: Reeves Hayter, Chairman Curtis Fendley, Vice-Chairman Bill Harris Richard Hunt, Secretary Darin Manning Benny Plata (arrived at 5:37) B. The following members were absent: Brad Archer C. Lisa Wright, Community Development Director, was also present. 2. Approval ofminutes from previous meetings. Motion to approve the minutes of the August 20, 2008, meeting was made by Bill Harris, seconded by Darin Manning. Motion carried 5-0. 3. Public Hearing and consideration of and action on the petition of Theresa and Betty Jones for a change in zoning from a One-Family Dwelling District No. 3 (SF-3) to a One-Family Dwelling District No. 3(SF-3), with a Specific Use Permit (5) Day Nursery or Kindergarten School on Lot 2A, City B/ock 279, being number 1462 15t' Street N.E. The public hearing was declared open. A. The following individuals spoke in favor of the petition. Betty Jones, 1415 17th Street N.E., stated they planned to open a day care at this location, and there had been one on 17th Street N.E. years ago. She said this would not be in anyone's way. - 000138 B. The following individuals spoke in opposition of the petition. Vicki Odell, 1615 Johnson Street, stated she owns vacant lots next to her house and she doesn'twant increased traffic. A day care will cause more traffic. She said they have built up this area and it is nice, and she wants to protect the property values. Ms. Odell further stated she wants the property all around here to remain residential. Bertie Gibson, 1520 Johnson, stated she wants to protect the neighborhood. This change would invite other commercial properties. Glen Embry, 1410 17th Street N.E., stated he lives across the street from this property, and it has been residential for years. If you put in one business, others will follow. Thelma Clement, 1471 13th Street N.E., stated she has been there for finrenty years, and one business will bring more. She drives a school bus, so she is up early, and this will create noise and traffic. She asked what else would follow because this is not a good location for a day care. C. The public hearing was declared closed. In response to Commission questions, Betty Jones stated she doesn't know how many kids will be there but they currently have three employees and they're limited to around 8 to 12 kids per employee. Lisa Wright advised the Commission the codes will require parking and other stringent building requirements and that maximum occupancy would also be established by that. Curtis Fendley stated he looked at this, and it is a quiet residential area, and he feels this use will be bad for rest of the area. Motion was made by Curtis Fendley, seconded by Bill Harris, to deny the petition. Motion carried 6-0. 4. Receipt of information and discussion of and possib/e action on establishing a new manufactured housing subcommittee to develop an ordinance regu/ating the same for review and recommendation by the P/anning and Zoning Commission to the City Council of the City of Paris. Benny Plata asked Lisa Wright to get ordinances from similarly sized cities, like Greenville, Sherman, Corsicana, etc. Selected subcommittee members were Benny Plata, Bill Harris, and Darin Manning. They scheduled to meet next Tuesday at 6:00 p.m. - 000139 5. The meeting adjourned at 6:00 p.m. APPROVED THIS 3RD DAY OF NOVEMBER, 2008. Reeves Hayter, Chairman 000140