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15 - ZONING CHANGE REQUESTItem No. 15 memorandum TO: City Council John Godwin, City Manager FROM: Alan Efrussy, AICP, Planning Manager SUBJECT: ZONING CHANGE FOR A MOBILE HOME ON PROPERTY LOCATED AT 1190 S.W. 6TH STREET DATE: February 3, 2015 BACKGROUND: This application is for a public hearing to consider the petition of Mike and Stephanie Hall for a change in zoning from a One — Family Dwelling District No. 2 (SF -2) to a One — Family Dwelling District No. 3 (SF -3) with a Specific Use Permit (39— Mobile Home) on part of Lot 1, Block A, of the Hall Addition CB 154, being located at 1190 SW 6t' Street. The applicants are also the owners of this subject property. STATUS OF ISSUE: The city staff has determined the following findings: (A) Existing Land Use: All of the subject SF -2 property is characterized by the 100 year flood plain designation, except Lot 1 which is the only buildable area within this SF -2 zone. Lot 1 is vacant, and the acreage for Lot 1 is represented by the following: 2.21± acres 0.327+ acres of the 500 year flood plain fringe, which does allow building. 2.537± acres less 0.23+ acres for an existing 20' sanitary sewer easement 2.307± buildable acres (B) Existing Zoning of the Subject Property This subject property is currently zoned One— Family Dwelling District No. 2 (SF -2). (C) Proposed Land Use for the Subject Property: The applicant wishes to establish one mobile home only on Lot 1 within this SF -2 zone. (D) Proposed Zoning of the Subject Property In Paris, the only zoning allowing a mobile home is within the SF -3 Zoning District, and only allowed by approval of a Specific Use Permit. The particular language in the Zoning Ordinance regarding the Specific Use Permit states that a mobile home may only receive a specific use permit for a period not to exceed (5) years with renewals permitted. (E) The Future Land Use Plan (FLUP) within the Comprehensive Plan: The northern portion of all of the SF -2 property is recommended for Low — Density Residential (LDR) use (which is a single— family residential dwelling unit designation), and the southern portion is recommended for Light Industrial (LI) uses. The actual property upon which the mobile home is proposed to be located upon is Lot 1 which also has its northern portion recommended for Low — Density Residential and its southern portion recommended for Light Industrial. (F) Factors City Staff Considered Regarding Its Recommendation: (1) This subject SF -2 property is bounded by existing zoning represented by Light Industrial District to the east and south; Heavy Industrial District further south; Commercial Zoning and a small portion of Multiple— Family Dwelling Zoning to the north; and flood plain designated land immediately to the west. (2) In effect, this SF -2 property is largely isolated and buffered from other relatively nearby single — family residential development and (3) The entire SF -2 property only has Lot 1 available as a functionally buildable site. (4) Because of the relatively small acreage of Lot 1; the fact that it is the only buildable area within all of the SF -2 zoned property; and the relative isolation of Lot 1; it is unlikely that a viable single— family subdivision would be constructed on this subject property. (5) Mr. Hall has indicated that in addition to locating the proposed mobile home on Lot 1, he also intends in the future to establish agricultural uses on the remainder of his subject SF -2 property. Farm, Ranch, Garden, or Orchard uses are permitted by right in the SF -2 zone. (An illustration of the proposed mobile home is enclosed with this memo.) Mr. Hall will therefore be creating functional and contributing land uses to Paris, on property that otherwise may not be developed, if at all, for a long period of time, and if so, with limited approved physical development. These factors, taken collectively, have encouraged the city staff to recommend approval of the applicant's request. RECOMMENDATION: The City Council approve this request for a zoning change from SF -2 to a SF -3 with a Specific Use Permit for one mobile home at 1190 S.W. 6t'' Street. 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 PART OF LOT 1, BLOCK A, OF THE HALL ADDITION CB 154, BEING LOCATED AT 1190 S.W. 6TH STREET, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A ONE - FAMILY DWELLING DISTRICT NO. 2 (SF -2) TO A ONE - FAMILY DWELLING DISTRICT NO. 3 (SF -3), ADDING A SPECIFIC USE PERMIT (39) FOR A MOBILE HOME TO THE EXISTING PROPERTY; 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 Part of Lot 1, Block A, of the Hall Addition CB 154, City of Paris, Lamar County, Texas, from a One- Family Dwelling District No. 2 (SF -2) to a One- Family Dwelling District No. 3 (SF -3) with a Specific Use Permit (39) for a mobile home; and WHEREAS, on February 2, 2015, 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 9, 2015, 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 Part of Lot 1, Block A, of the Hall Addition CB 154, being located at 1190 S.W. 6th Street, in the City of Paris, Lamar County, Texas, from One- Family Dwelling District No.2 (SF -2) to a One- Family Dwelling District No. 3 (SF -3), with a Specific Use Permit (39) for a mobile home. 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 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 6. 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. PASSED AND ADOPTED on by the City Council of the City of Paris, in regular session on this the 9th day of February, 2015. Matt Frierson, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney