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23 - Ordinance rezone 2185 and 2193 East Cherry StreetItem No. 23 memorandum TO: The City Council John Godwin, City Manager FROM: Alan Efrussy, AICP, Planning Manager SUBJECT: RE —ZONE 2185 AND 2193 EAST CHERRY STREET DATE: December 8, 2015 BACKGROUND: This application is to consider the petition of Wayne Brown, representing the Cherrywood Development Corporation, for a zoning change from Multiple - Family Dwelling District -2 (MF -2) to Commercial District (C) with a Specific Use Permit (55— Self - Storage /Mini Warehouse) located at 2185 and 2193 East Cherry Street. Mr. Brown is both the applicant and the owner of this subject property. At the December 7 Planning and Zoning Commission meeting one person (Mr. Brown) spoke in favor of this project, and no one spoke in opposition. Mr. Brown stated that 23 people who lived within 200 feet of this subject area signed a petition in support of this rezoning request. The commission unanimously recommended approval of this proposed rezoning to the City Council, with the following conditions: 1. Fencing shall be established totally along the perimeter of the property; 2. Low level security lighting shall face inward; 3. The southern boundary shall be visually buffered with landscaping material. All three conditions shall be implemented with the approval of the City of Paris staff. STATUS OF ISSUE: The City Staff has determined the following: A. Existing Land Use: This property consists of 7.5 acres. There are currently several structures on site. A 1997 land survey indicates various structures, walks, driveways, and parking areas. The immediate area is characterized by duplex and multi — family uses. There is no flood plain. B. Existing _ Zoning of the Subject Property: This property is presently zoned MF -2. Property immediately east and west property is zoned Multiple - Family Dwelling District -1 (MF -1); and northeast is SF -2; north is One - Family Dwelling District (SF -2); and south is SF -2 and MF -1. C. Proposed Land Use: The applicant is proposing to establish the subject property for self - storage /mini warehouse uses. D. Proposed Zoning of the Subject Property: The zoning districts which allow a Self - Storage/Mini Warehouse use are Central Area (CA), Light Industrial (LI), Heavy Industrial (HI), and Commercial (C), which requires a Special Use Permit. With an SUP, only self - storage /mini — warehouse uses will be permitted to be developed on this subject property. Section 12 of the Paris Zoning Ordinance governs the requirements for an SUP. An SUP allows the City to require additional elements to protect the integrity of the subject property and area. In particular, Section 12 -101 provides "The City Council may establish conditions of operation, location, arrangement, and construction of any use for which a permit is authorized. In authorizing the location of any of the uses listed as Specific Use Permits, the City Council may impose such development standards and safeguards as the conditions and location indicate important to the welfare and protection of adjacent property." E. The Major Thoroughfare Plan (MTP) within the Comprehensive Plan: For this subject property Cherry Street between NE 20th Street and NE 25th Street is indicated as a Collector Roadway. F. The Parks Recreation, and Open Space Master Plan: The subject property is located within '/2 mile of the Service Radius of Wade Park, which is classified as a Neighborhood Park. G. The Future Land Use Plan (FLUP): The FLUP indicates High Density Residential (HDR) which recommends apartment uses; this recommendation is fully compatible with the existing MF -2 zoning classification. H. Considerations Regarding Staff Recommendation: This rezoning request is not compatible with the Future Land Use Map, which indicates no Commercial use either on this subject property, or within its immediate environs. With due respect to the petition of nearby citizens in support of this zoning request, and the decision to recommend approval by the Planning and Zoning Commission, staff still believes that the primary city planning factor should be the preservation of the residential— oriented integrity and character of the subject property and area. Therefore, staff remains in opposition to this zoning request. RECOMMENDATION: Deny a zoning change from a Multiple— Family Dwelling District -2 (MF -2) to a Commercial District (C) with a Specific Use Permit (No.55): Self— Storage /Mini Warehouse located at 2185 and 2193 East Cherry 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 1, CITY BLOCK 258 -A, BEING LOCATED AT 2185 AND 2193 EAST CHERRY STREET, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A MULTIPLE FAMILY DWELLING DISTRICT -2 (MF -2) TO A COMMERCIAL DISTRICT (C); ADDING A SPECIFIC USE PERMIT (55) FOR A SELF STORAGE /MINI WAREHOUSE 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 Lot 1, City Block 258 -A, being located at 2185 and 2193 East Cherry Street, in the City of Paris, Lamar County, Texas, from a Multiple- Family Dwelling District -2 (MF -2) to a Commercial District (C), with a Specific Use Permit (55) for a Self - Storage /Mini Warehouse; and WHEREAS, on December 7, 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 December 14, 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, City Block 258 -A, being located at 2185 and 2193 East Cherry Street, in the City of Paris, Lamar County, Texas, from a Multiple- Family Dwelling District -2 (MF -2) to a Commercial District (C), with a Specific Use Permit (55) for a Self - Storage /Mini Warehouse, with the following conditions: 1. Fencing shall be established totally along the perimeter of the property; 2. Low level security lighting shall face inward; 3. The southern boundary shall be visually buffered with landscaping material. All three conditions shall be implemented with the approval of the City of Paris staff. 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 14th day of December, 2015. A.J. Hashmi, M.D.,Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney