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.
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ATTEST: ,o
f 094
qice Ellis, City Clerk
A OV AS TO FO M:
St a ie H. Harris, City Attorney