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14 - Zoning Change - 2300 Clarksville StreetItem No. 14 TO: Planning & Zoning Commission Carla Easton, P.E., City Engineer FROM: John Godwin, City Manager SUBJECT: ZONING CHANGE, 2300 CLARKSVILLE DATE: September 18, 2018 BACKGROUND: John Bell has applied for a zoning change on a 0.2922 acre lot at 2300 Clarksville Street. The purpose of this request is to change the zoning from Office to General Retail in order to operate a retail store selling antiques. The property includes an existing structure, previously used as office space by various owners and/or tenants. There is limited parking in front and rear. STATUS OF ISSUE: A majority of the area along this section of Clarksville is General Retail, and the future land use plan also calls for the subject lot to become General Retail. The site fronts onto Clarksville and has ready access onto that arterial, as well as onto 23 d SE. There is some concern that parking may be inadequate for retail uses; however, the current suggested use of antique sales is typically not an intense traffic generator. Of course, we have to keep in mind, as with any other zoning change, that if this request is approved, all other GR land uses become allowed as well. Even so, we believe this use is consistent with both existing conditions and with future plans. On September 18 the planning and zoning commission recommended approval by a 6-0 vote. The owner spoke in favor; no one else came forward. RECOMMENDATION: Approve zoning change from Office to General Retail. DRAFT ORDINANCE NO. 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 1, CITY BLOCK B, BAKER ADDITION, BEING LOCATED AT 2300 CLARKSVILLE STREET, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM AN OFFICE DISTRICT (0) TO A GENERAL RETAIL DISTRICT (GR); 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 1, City Block B, 0.2922 acres in the Baker Addition, being located at 2300 Clarksville Street, in the City of Paris, Lamar County, Texas, from an Office District (0) to a General Retail District (GR); and, WHEREAS, on September 18, 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 September 24, 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 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 ayes and 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 1, City Block B, 0.2922 acres in the Baker Addition, being located at 2300 Clarksville Street, in the City of Paris, Lamar County, Texas, from an Office District (0) to a General Retail District (GR). 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 B. This ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED on this 24th day of September, 2018, by the City Council of the City of Paris, in regular session, following notice and publication as required by law. Derrick Hughes, Mayor Pro Tem ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney