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11 - ZONING CHANGE FOR PROPERTY AT 616 W. WASHINGTON ST.Item No. 11 memorandum TO: City Council John Godwin, City Manager FROM: Shawn Napier, P.E., Director of Engineering, Planning & Development SUBJECT: ZONING CHANGE FOR PROPERTY LOCATED AT 616 W. WASHINGTON ST. DATE: July 7, 2015 BACKGROUND: This application is for a public hearing to consider the petition of the City of Paris for a change in zoning from a Public Lands and Institutions district (PLI) to a Two Family Dwelling District (2F) with a Specific Use Permit (9) for Institutions of Religious or Philanthropic Nature on Lot 9, City Block 151, being located at 616 W. Washington Street. The Planning & Zoning Commission voted to approve the zoning change by a vote of 5 -0 on July 61n, 2015. STATUS OF ISSUE: The city staff has determined the following findings: (A) Existing Land Use: The building on the property was formerly occupied by the Lamar County Health Department. The building is currently vacant. (B) Existing Zoning of the Subject Property: This subject property is currently zoned Public Lands and Institutions district (PLI). (C) Proposed Land Use for the Subject Property: A potential buyer for the property would use the building as an institution of religious or philanthropic nature. (D) Proposed Zoning of the Subject Property: The City is requesting a Two Family Dwelling District (217) zoning for the lot that would allow the use listed above. (E) The Future Land Use Plan (FLUP) within the Comprehensive Plan: The lot is recommended for Public Lands and Institutions (PLI). (F) Factors City Staff Considered Regarding _Its Recommendation: (1) The subject property is surrounded by mixed uses that include a day care, Wise House and vacant building. The nearest residence is diagonally across the intersection of 6th SW and W. Washington Street. (2) The property was formerly used by the Lamar County Health Department. (3) The Future Land Use Plan recommends low density residential for the surrounding area. These factors, taken collectively, have encouraged the city staff to recommend approval of the request. RECOMMENDATION: Recommend a change in zoning from a Public Lands and Institutions district (PLI) to a Two Family Dwelling District (2F) with a Specific Use Permit (9) for Institutions of Religious or Philanthropic Nature on Lot 9, City Block 151, being located at 616 W. Washington 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 LOT 9, CITY BLOCK 151, BEING LOCATED AT 616 W. WASHINGTON STREET, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A PUBLIC LANDS AND INSTITUTIONS DISTRICT (PLI) TO A TWO - FAMILY DWELLING DISTRICT (2 -17), ADDING A SPECIFIC USE PERMIT (9) FOR INSTITUTIONS OF RELIGIOUS OR PHILANTHROPIC NATURE; 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 9, City Block 151, located at 616 W. Washington, City of Paris, Lamar County, Texas, from a Public Lands and Institutions District (PLI) to a Two - Family Dwelling District (2 -17), adding a Specific Use Permit (9) for Institutions of Religious or Philanthropic Nature; and WHEREAS, on July 6, 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 July 13, 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 Lot 9, City Block 151, located at 616 W. Washington, City of Paris, Lamar County, Texas, from a Public Lands and Institutions District (PLI) to a Two - Family Dwelling District (2 -17), adding a Specific Use Permit (9) for Institutions of Religious or Philanthropic Nature. 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 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 13th day of July, 2015. A.J. Hashmi, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney