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14 - Zoning Change - 4115 Pine Mill Road from Agricultural to CommercialItem No. 14 TO: Mayor & City Council FROM: John Godwin, City Manager SUBJECT: ZONING CHANGE, 4115 PINE MILL ROAD DATE: December 3, 2018 BACKGROUND: Kacy Smyers, on behalf of Linda McCarrell, has applied for a zoning change from Agricultural (A) to Commercial (C) in the A208 E Crow Survey, Tract 60, located at 4115 Pine Mill Road. This is the location of an existing business; a new business needs a Certificate of Occupancy. Appropriate zoning is required to get a CO, but this use is not allowed in Agricultural. STATUS OF ISSUE: Agricultural has historically been used as a holding district in Paris, in many cases awaiting an actual use before final zoning is approved. This is already part of an existing business area, and this specific parcel is adjacent to a Commercial zoned lot. We concur with this request and recognize this property should be rezoned from A to C to bring this new business into compliance. The planning and zoning commission considered this matter on December 3, and recommended its approval by a 6-0 vote. The applicant spoke in favor of the request; no citizens spoke in opposition. RECOMMENDATION: Approve a zoning change from Agricultural to Commercial. 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 TRACT 60, IN THE A208 E. CROW SURVEY, BEING LOCATED AT 4115 PINE MILL ROAD, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM AN AGRICULTURE DISTRICT (A) TO A COMMERCIAL DISTRICT (C); 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 Tract 60, in the A208 E. Crow Survey, being located at 4115 Pine Mill Road, in the City of Paris, Lamar County, Texas, from an Agriculture District (A) to a Commercial District (C); and, WHEREAS, on December 3, 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 December 10, 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 Tract 60, in the A208 E. Crow Survey, being located at 4115 Pine Mill Road, in the City of Paris, Lamar County, Texas, from an Agriculture District (A) to a Commercial District (C). 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 10th day of December, 2018, by the City Council of the City of Paris, in regular session, following notice and publication as required by law.. Steven J. Clifford, M.D., Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney