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23 - ZONING DISCUSSION FOR ANTIQUE AND CLASSIC AUTOMOBILE RESTORATIONItem No. 23 memorandum TO: City Council John Godwin, City Manager FROM: Alan Efrussy, AICP, Planning Manager SUBJECT: DISCUSSION REGARDING A PROPOSED DEFINITION AND RECOMMENDATION FOR ZONING DISTRICTS FOR AN ANTIQUE AND CLASSIC AUTOMOBILE RESTORATION USE. DATE: November 9, 2015 BACKGROUND: Recently Mrs. Sharon Jernigan discussed with city staff her interest in moving her antique and classic car restoration business from Reno, Texas to Paris; she and her husband presently operate this business. At this time, she prefers to not state the proposed location of where she wishes to establish this business. Presently, there is no actual definition for her proposed business in the Paris Zoning Ordinance. City staff has discussed Mrs. Jernigan's interest with her, and the following describes the present status. STATUS OF ISSUE: To aid in establishing this proposed use within the zoning ordinance, city staff asked Mrs. Jernigan to submit her definition of this use, and then staff modified it to represent appropriate language for the zoning ordinance; Mrs. Jernigan and city staff agree on this definition. Said definition is enclosed. Staff is following the zoning ordinance procedure regarding the establishment of new uses within the zoning ordinance as stated in Section 8 -109. CLASSIFICATION OF NEW AND UNLISTED USES. Therefore, the staff first recommends a discussion with the Planning and Zoning Commission and based on the commissions recommendations, the city staff will further address the requirements to establish said use, as stated in Section 8 -109. (NOTE: Section 8 -109 states that: "c .... The City Council shall by resolution approve the recommendation of the Planning and Zoning Commission or make such determination concerning the classification of such use as is determined appropriate." However, Section 21. Amendments, Section 21 -104 states that: "A public hearing shall be held by the governing body before adopting any proposed amendment, supplement, or change." [to the zoning ordinance]. Staff is presently addressing this apparent conflict in the zoning ordinance, and the staff therefore recommends that a public hearing take place to add any new use to the zoning ordinance, instead of the council establishing said use by resolution; typically, this zoning procedure is undertaken by other municipalities.) At the November 2, 2015 Planning and Zoning Commission meeting, the staff discussed and recommended that if approved, this proposed use should be listed in Section 8 -105: AUTOMOBILE TYPE USES, and allowed as a permitted use in the Commercial (C), the Light Industrial (LI), and the Heavy Industrial (HI) zoning districts. This proposed auto restoration use is similar to the Auto Sales and Repair use which is permitted in Commercial (C), Central Area (CA), Light Industrial (LI), Heavy Industrial (HI), and Expressway Service Station (ESS) zoning districts. Mrs. Jernigan told staff that grinding generates the most noise that is emitted from her restoration business. She also stated that no grinding or other work sounds will be heard from outside of her work building, since she has procedures to avoid said noise generation. At the November 2, 2015 commission discussion, the members discussed the many facets of automobile restoration in relation to automobile repair work. The unanimous consensus of the commission was that automobile restoration is in reality a component of automobile repair, which is presently a permitted use in certain zoning districts in Paris. In the staff agenda item to the commission, the staff already recognized the similarity between auto repair and auto restoration. The commission members, therefore, do not see the need to create a new definition in the zoning ordinance; they believe the existing Auto Sales and Repair use, as currently permitted in the C, CA, LI, HI, and ESS districts can and should allow automobile restoration as a permitted use. The city staff supports this position of the Planning and Zoning Commission; however, to further address the language in the Zoning Ordinance, we are submitting this item for the City Council's discussion and direction to staff. RECOMMENDATION: Discussion only, and provide comments to city staff regarding further procedures to undertake regarding this proposed use.