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10 - Zoning Change Office District to General Retail - Block 220-A - Lot 1 - 203 N.E. 20th Street - petition of Jesse BidgesItem No. 10 TO: Mayor & City Council Gene Anderson, Interim City Manager FROM: Carla Easton, P.E., Community Development Director SUBJECT: ZONING CHANGE - 203 201h NE DATE: February 4, 2020 BACKGROUND: Jesse Bridges is requesting a change in zoning from Office District (0) to General Retail (GR) for his property located at 203 201h NE in order to open a thrift store. The site is approximately 0.3 acres with driveway access on 20th NE and E Price and parking available in the rear of the lot. STATUS OF ISSUE: The future land use plan calls for this site to be low-density residential. Existing land uses in the area include single family residential, church, daycare, dining, tire store, and office space. While zoning principles could support a change to retail when adjacent to existing retail districts, the current use of the surrounding properties remains primarily residential (even if zoned otherwise), therefore a change to retail would not be consistent with the area. East Price Street provides the dividing line where more intensive land uses are promoted closer to Lamar Avenue, and less intensive uses to the north where 20th NE turns to a residential neighborhood. The street access and front parking area on the subject lot is limited along 20th NE, where traffic volumes are high. Depending on the type of goods and services, this site may not be able to provide the appropriate level of parking and safe access from 201h NE where the store front would be. A change to GR would allow a number of different retail uses that may not be compatible with the existing use of the neighboring properties, however the overall zoning of this block has moved toward retail instead of single family, and the future land use plan no longer aligns with the preference of the Planning and Zoning Commission in this area. The Planning and Zoning Commission voted 4-0 to recommend approval of this zoning change. RECOMMENDATION: Approve a zoning change from Office District (0) to General Retail (GR). 203 NE 20th Street February 19, 2020 1:1,128 r 2 Mile E.T.J. - Paris, TX City Limits - City of Paris Zoning Present - to JAN 28, 2020 One -Family Dwelling No 2 (SF -2) 0 0.01 0.02 0.04 mi 11101111111111, General Retail ng ArkTexCOG - NG 9-1 -1 RoadsLamar LCAD_p unty rcels_Boundary � ary Polygon ���� Commercial (C)GR) Molt Farnil No 1t' MF21 ) ®o��,s>re�unaP t�0�,o-wro�. cce 0.07 km 0; City or CountyRoadway;2 Y ( ) YSA State Roadway rOfri0e (0) Neighborhood Service (NS) Addressing In Progress - NG 9-1-1 Light Industrial (LI) Planned Development (PD) 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 220- A, LOT 1, LOCATED AT 203 NE 20TH 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 City Block 220-A, Lot 1, located at 203 NE 20th Street, in the City of Paris, Lamar County, Texas, from an Office District (0) to a General Retail District (GR); and, WHEREAS, on February 3, 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 February 24, 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 220-A, Lot 1, located at 203 NE 20th 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 8. This ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED on this 24 day of February, 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