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2016-035 - Approved (petition of Evan Evans on behalf of Sami Ebrahim) Zoning from Commercial District (C) to a Commercial District (C) with a Specific Use Permit (45-Auto Fuel Sales)...ORDINANCE NO. 2016 -035 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 15, CITY BLOCK 170 -C, BEING LOCATED AT 2735 SOUTH CHURCH STREET, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A COMMERCIAL DISTRICT (C) TO A COMMERCIAL DISTRICT (C) WITH A SPECIFIC USE PERMIT (45) FOR AUTO FUEL SALES; 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 15, City Block 170 -C, being located at 2735 South Church Street, in the City of Paris, Lamar County, Texas, from a Commercial District (C) to a Commercial District (C) with a Specific Use Permit (45) for auto fuel sales; and WHEREAS, on October 3, 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 tabled the proposed amendment until the November 7, 2016 meeting; and WHEREAS, on October 10, following notice and publication as required by law, the City Council convened a public hearing on the proposed amendment and continued said public hearing to a later date; and WHEREAS, on November 7, 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 November 14, 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 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 4 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 Lot 15, City Block 170 -C, being located at 2735 South Street, in the City of Paris, Lamar County, Texas, from a Commercial District (C) to a Commercial District (C) with a Specific Use Permit (45) for auto fuel sales, with the following conditions: 1. That the Site Plan, known as Exhibit "A ", and is attached herein, and shall be made a part of this Ordinance, shall govern the further development of this subject site, and 2. That the utility easements required by the director of public works, on the Church Street side and the Loop 286 South side along the roadway outside of the TXDOT ROW and a water line extension for fire protection shall be implemented and subject to city staff approval. 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 14th day of November, 2016, by the City Council of the City of Paris, in regular session, following notice and publication as required by law. &K'� ��- � Billie Sue Lancaster, Mayor Pro -Tem ATTEST: `CO` nice Ellis, City O ED AS TO FORM: VAAJMW Steph nie H. 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