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14 - ZONING CHANGE FOR PROPERTY LOCATED AT 2675 41ST ST. S.E.Item No. 14 memorandum TO: The Planning and Zoning Commission FROM: Shawn Napier, P.E., Director of Engineering, Planning & Development SUBJECT: ZONING CHANGE FOR PROPERTY LOCATED AT 2675 41St ST. S.E. DATE: February 24, 2015 BACKGROUND: This application is for a public hearing to consider the petition of Ron Parker for a change in zoning from an Agricultural (A) and One - Family Dwelling District (SF -2) to a Commercial District (C) on part of Tract 1 and 4 in the J. Leach survey A524, being located at 4100 S.E. Loop 286. The applicant is the owner of this 40 acre subject property. Mr. Parker was the only speaker during the public hearing. The Planning and Zoning Commission approved the zoning change on a 5 -0 vote. STATUS OF ISSUE: The city staff has determined the following findings: (A) Existing Land Use: The 40 acres is undeveloped with part of the north end covered by a 100 year flood plain from Big Sandy Creek. (B) Existing Zoning of the Subject Property This subject property is currently zoned Agricultural (A) and One - Family Dwelling District (SF -2). (C) Proposed Land Use for the Subject Property_ The applicant wishes to develop the lot for a hospital, medical office buildings, hotel, restaurant, helicopter landing pad and retail shopping area. (D) Proposed Zoning of the Subject Propert. The applicant is requesting Commercial Zoning on the property. (E) The Future Land Use Plan (FLUP) within the Comprehensive Plan: The lot has two different recommended uses which are Low — Density Residential (LDR) use (which is a one — family residential dwelling unit designation) and Moderate — Density Residential (MDR) use (which is a two — family residential dwelling unit designation). (F) Factors City Staff Considered Regarding Its Recommendation: (1) This subject property is bounded by flood plain designated land immediately to the north, Loop 286 and FM 905 (41St St. SE) on the west side, agricultural property to the east and a large acreage single family home to the south. (2) The adjacent property (owned by Don Howell) to the north has also requested a change in zoning to Commercial (C). (3) This property is buffered from nearby single — family residences by FM 905 (41st St. SE) which has an 80 -foot wide Right -of -Way (ROW). The nearest residential homes are across FM 905 (41st St. SE) from the proposed development. The houses that are opposite the roadway are setback approximately 45 —feet from the ROW line. (4) The proposed property uses include hospital, medical office buildings, hotel, retail shopping center, restaurant and helicopter landing pad. All of these zonings fit into either General Retail (GR) or Commercial (C) with the exception of the helicopter landing pad which is only allowed in Commercial (C) Zoning. These factors, taken collectively, have encouraged the city staff to recommend approval of the applicant's request. RECOMMENDATION: Recommend approval of a change in zoning from an Agricultural (A) and One - Family Dwelling District (SF -2) to a Commercial District (C) on 40 acres described as part of Tract 1 and 4 in the J. Leach survey A524, being located at 4100 S.E. Loop 286. 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 1, BLOCK A OF THE PARIS LAKES MEDICAL CENTER, LLC ADDITION 346, BEING LOCATED AT 2675 41ST ST. S.E. IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM AN AGRICULTURAL (A) AND ONE- FAMILY DWELLING DISTRICT (SF -2) TO A COMMERCIAL DISTRICT (C); 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 1, Block A of the Paris Lakes Medical Center, LLC Addition 346, being located at 2675 41St St. S.E., in the City of Paris, Lamar County, Texas, from an Agricultural (A) and One- Family Dwelling District (SF- 2) to a Commercial District (C); and WHEREAS, on March 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 March 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 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 1, Block A of the Paris Lakes Medical Center, LLC Addition 346, being located at 2675 41St St. S.E. in the City of Paris, Lamar County, Texas, from an Agricultural (A) and One- Family Dwelling District (SF -2) to a Commercial District (C). 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 -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 March, 2015. Matt Frierson, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney