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2017-043 - Petition of Lisa Walker on behalf of HW Commercial Warehouse, Inc. & Harper WW for a change in zoning ....ORDINANCE NO. 2017-043 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 1-7, CITY BLOCK 274 AND LOTS 5-12, BLOCK 10 OF THE FAIRWAY ADDITION, BEING LOCATED AT 222, 232 AND 254 EAST HICKORY STREET, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A COMMERCIAL DISTRICT (C) TO A LIGHT INDUSTRIAL DISTRICT (LI) WITH A SPECIFIC USE PERMIT (SUP) FOR A FLEA MARKET; 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 Lots 1-7, City Block 274 and Lots 5-12, Block 10 of the Fairway Addition, being located at 222, 232 and 254 East Hickory Street, in the City of Paris, Lamar County, Texas, from a Commercial District (C) to a Light Industrial District (LI) with a Specific Use Permit (SUP) for a Flea Market; and, WHEREAS, on October 2, 2017, 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 October 9, 2017, 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 1-7, City Block 274 and Lots 5-12, Block 10 of the Fairway Addition, being located at 222, 232 and 254 East Hickory Street, in the City of Paris, Lamar County, Texas, from a Commercial District (C) to a Light Industrial District (LI) with a Specific Use Permit (SUP) for a Flea Market, with the following required conditions: 1. This subject flea market shall be entitled `The Hickory Street Emporium". 2. Said Hickory Street Emporium shall be open all year long, from Thursdays through Sundays, with said business closing one (1) hour before dark each night. 3. There shall be placed on the subject site two (2) portable external lavatories. 4. The back open area shall be closed during inclement weather while leaving all enclosed buildings open for business. 5. The Flood Zone is located on a portion of the northeast side of the site. No permanent structures or land improvements shall be placed in this area. Parking will be located in this area. 6. The 9-1-1 addresses shall be updated for this project. 7. No additional site lighting is planned. Any future site lighting shall subject to City Staff review and approval. 8. The existing buildings do not have sprinklers. HWH shall check regarding requirements for sprinklers through the City of Paris Fire Marshal. 9. The existing chain-link fence around the property shall remain. 10. A new 6 -yard dumpster shall be located on site. 11. No above or underground storage tanks have been on site as determined by HWH personnel. HWH shall check their records to make sure that there were not any on site. 12. All existing items on the property shall be relocated to a legally appropriate zoned site. 13. That said enclosed required Site Plan (Sheet No. SK -1, dated 9-15-17) as per Zoning Ordinance No. 1710 is a condition of approval and has been reviewed and recommended for approval by the City of Paris staff and recommended for approval by the City of Paris Planning and Zoning Commission, and shall serve as a governing document regarding the development and continuing functioning of said Hickory Street Emporium. 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 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 9th day of October, 2017, by the City Council of the City of Paris, in regular session, following notice and publication as required by law. �� ' • : ms's_ ATTEST: ,o f 094 qice Ellis, City Clerk A OV AS TO FO M: St a ie H. Harris, City Attorney