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14 - Zoning Change from General Retail District to General Retail District-Special Use Permit for a Veterinarian Clinic, Block 32-C, Lot 2, 1029 Lamar AvenueItem No. 14 TO: Mayor & City Council FROM: John Godwin, City Manager SUBJECT: ZONING CHANGE, 10'29 LAMAR AVENUE DATE: April 18,2018 BACKGROUND: Dr. James O'Bryan requested a zoning change from General Retail (GR) to Commercial (C) in order to construct and operate a new clinic at this currently vacant, 0.6 acre site. On April 2, the commission tabled this item to a special meeting, conducted April 17, so it could be considered after a possible change to the city's comprehensive zoning ordinance, STATUS OF ISSUE: We re -advertised the application as a zoning change from GR to GR with an SUP, under the assumption the commission would recommend allowing this zoning by a separate item on its April 17 agenda, The commission did indeed recommend a GR -SUP provision, and also subsequently approved Dr. O'Bryan's specific request regarding this property. Their approval included a required vegetative screen between the clinic and a neighboring apartment building, compliance with residential noise ordinance restrictions, no outdoor animal storage (i.e. kennels, pens), and a site plan consistent with the applicant's April 2 presentation and assurances. Staff is wholly supportive of this revised zoning change request so that the new clinic can continue without further delay RECOMMENDATION: Approve a zoning change from General Retail to GR -SUP, to include the site layout plan and building drawings provided by the applicant, and all other standards agreed upon by the commission, council, and applicant, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY SOF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE' LOT 2, CITY OF PARIS BLOCK 32-C, TIEING LOCATED AT 1029 LAMAR AVENUE, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A GENERAL RETAIL DISTRICT (GR) TO A GENERAL RETIAL DISTRICT (GR) WITH A SPECIFIC USE PERMIT (SUP) FOR A VETERINARY CLINIC' ---LARGE ANIMAL; 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 2, City of Paris Bloch 32-C, being located at 1029 Lamar Avenue, in the City of Paris, Lamar County, Texas, from. a. General Detail District (GR) to a General Retail District (GR), with a Specific Use Permit for a Veterinary Clinic—Large Animals and WHEREAS, on April 1.7, 2018, 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 April 23, 2018,.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, ,iM.. i.... i 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. 171.9 of the City of Paris as heretofore amended is hereby further amended to rezone Lot 2, City of Paris Bloch 32-C, being located at 1429 Lamar Avenue, in the City of Paris, Lamar County, Texas, from a General Retail District (GR) to a General Detail District (GR) with a Specific Use Permit for Veterinary Clinic—Large Animal, to include the site layout plan and building drawings. Section 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 change's 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 frorn and after its passage and publication as required by law, PASSED AND ADOPTED this 23rd day y of April, 2018, by the City Council of the City of Paris, in regular session, following notice and publication as required by law. ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney Steven J. Clifford, M.D., Mayor