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2016-021 - ZONING CHANGE TO ALLOW BROOKSHIRE'S TO HAVE FUEL SALESORDINANCE NO. 2016 -021 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 LOTS 1 THROUGH 19, CITY BLOCK 104, BEING LOCATED AT 925 CLARKSVILLE STREET, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A GENERAL RETAIL DISTRICT (GR), TO A GENERAL RETAIL DISTRICT (GR) ADDING A SPECIFIC USE PERMIT (49) FOR AUTO FUEL SALES 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 & Zoning Commission received a request for an amendment to the Zoning Ordinance of the City of Paris to rezone Lots 1 through 19, City Block 104, being located at 925 Clarksville Street, in the City of Paris, Lamar County, Texas, from a General Retail District (GR) to a General Retail District (GR) with a Specific Use Permit (49) for auto fuel sales; and, WHEREAS, on July 5, 2016, 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 11, 2016, 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 7 ayes and 0 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 Lots 1 through 19, City Block 104, being located at 925 Clarksville Street, in the City of Paris, Lamar County, Texas, from General Retail District (GR) to a General Retail District (GR), with a Specific Use Permit (49) for auto fuel sales, with the Final Site Plan and with the following conditions indicated on said Final Site Plan as follows: 1. A new fire hydrant shall be established at the western portion of the subject property. 2. Label all proposed fuel pumps. 3. Establish the required twenty (20) percent of landscaping facing Lamar and add additional landscape buffering along 8th Street, to buffer the existing single - family uses adjacent to and on the west side of 8th Street. 4. Label the "Preliminary Plat- Proposed Layout" as "Site Plan ". 5. Accessible parking spaces and a pedestrian route is to be determined in conjunction with the city engineer. All five conditions shall be implemented per the direction and 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. Section 8. This ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED on this 11th day of July, 2016, by the City Council of the City of Paris in regular session, following notice and publication as required by law. A.J. Hash, M.D., Mayor ATT ST: Kat Tana Wright, eputy City C rk VED AS TO FORM: Step anie H. Harris, City Attorney