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22 - Ramseur Baptist Church Zoning Change Request from One-Family Dwelling to a General Retail DistrictItem No. 22 TO: Mayor & City Council Gene Anderson, Interim City Manager FROM: Carla Easton, PE, Engineering & Community Development Director SUBJECT: ZONING CHANGE, 3400 LAMAR AVENUE DATE: January 17, 2020 BACKGROUND: Ramseur Baptist Church owns approximately 6.9 acres located at 3400 Lamar Avenue, and is requesting a change in zoning from Single Family Dwelling District No. 2 (SF -2) to General Retail (GR). The subject property is currently used by the church, and they plan to sell a portion of the property with frontage along Lamar Avenue for retail use. A sliver of the lot is already zoned GR, however a larger area is necessary to proceed with any new development project under retail zoning. Properties in the surrounding area along Lamar Avenue are zoned Planned Development (PD) and are used for retail or service oriented businesses. Properties to the south are single family homes and zoned as SF -2. STATUS OF ISSUE: The future land use plan recommends the site to be used for retail. Ramseur Baptist Church seeks this zoning change in order to allow for future development of the eastern portion of the property, potentially as a fast food establishment. This change is consistent with the future land use plan, as well as existing land uses in the area. Therefore we recommend approval of this zoning change. The Planning & Zoning Commission voted to approve of this zoning change by a vote of 5-0 on January 6th. RECOMMENDATION: Approve of a zoning change from Single Family Dwelling No. 2 (SF -2) to General Retail (GR). 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 CITY BLOCK 287, LOTS 1B AND 5, LOCATED IN THE 3400 BLOCK OF LAMAR AVENUE, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A SINGLE-FAMILY DWELLING DISTRICT NO.2 (SF2) 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 City Block 287, Lots 1B and 5, located in the 3400 block of Lamar Avenue, in the City of Paris, Lamar County, Texas, from a Single -Family Dwelling District No. 2 (SF2) to a General Retail District (GR); and, WHEREAS, on January 6, 2020, 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 January 27, 2020, 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 City Block 287, Lots 1B and 5, located in the 3400 block of Lamar Avenue, in the City of Paris, Lamar County, Texas, from a Single -Family Dwelling District No. 2 (SF2) 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 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 B. This ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED on this 27th day of January, 2020, 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