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25 - Zoning Change - Petititon of Home Vesting - 805 Lamar - Block 187 Lot 2 - LCAD 16984Item No. 25 TO: Mayor & City Council Grayson Path, City Manager FROM: Carla Easton, PE, Engineering & Community Development Director DATE: July 27, 2020 BACKGROUND: Tamara Sexton with ImeVesting LCC is requesting a change in zoning from General Retail District (GR) to Single Family Dwelling District (SF -2) for the subject property located at 805 Lamar Avenue in order to lease the existing house for residential use. The site is approximately 0.2 acres located at the northeast comer of Lamar Avenue and Bah Street NE, and has been previously used for retail and office space, Ms. Sexton purchased this property in April 2020 and immediately leased it as a residential dwelling. The Code Department responded to complaints of trash, at which time the City became aware of the residential use in a retail district. Ms. Sexton is requesting the zoning change in response to the code case-, in addition, without the zoning change, she will be unable to lease this property as residential space. STATUS OF ISSUE: The future land use plan calls for this site to be retail use, primarily due to its location along Lamar Avenue, which is a high traffic thoroughfare. The existing land uses in the immediate area include retail, medical office, law office, grocery and fuel station, There are nearby residential properties to the north of Lamar Avenue in the general vicinity of the subject property, but they have access from local streets and face interior to other residential areas. In 2019, the City amended the zoning ordinance to specifically address the need for separation of residential from retail and commercial districts, Low density residential uses should be located in neighborhoods, where traffic is slow, low volume, and safe for normal residential activities, Arterial streets provide the optimal environment for retail and commercial uses where the traveling public can easily access store frontage without affecting neighborhoods. This includes accommodation for delivery trucks and other essential services needed for business uses. These basic planning principles are key to preserving peaceful neighborhoods while promoting more intensive uses along city thoroughfares. The Council should consider this specific request relative to the surrounding land uses and the comprehensive plan. A zoning change for this property alone does not appear to be consistent with the long term goals of the city as outlined in the future land use plan. At the regularly scheduled Planning & Zoning Commission meeting on July 6"', city staff recommended denial of this zoning change in order to uphold the city's long range plan for land use along this major thoroughfare. After presentations by the owner/applicant, her legal representative, and the current tenant in support of this zoning change, the Planning & Zoning Commission voted to recommend approval by a vote of 5-1. RECOMMENDATION: Consider the request for a zoning change from General Retail District (GR) to Single Family Dwelling District (SF -2) as presented by the staff and the P&Z Commission. 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 OF PARIS BLOCK 187, LOT 2 LOCATED AT 805 LAMAR AVE., IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A GENERAL RETAIL DISTRICT (GR) TO A ONE -FAMILY DWELLING DISTRICT NO.2 (SF -2); 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 of Paris Block 187, Lot 2 located at 805 Lamar Ave., in the City of Paris, Lamar County, Texas, from a General Retail District (GR) to a one -family dwelling district No. 2 (SF -2); and, WHEREAS, on July 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 July 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 of Paris Block 187, Lot 2 of located at 805 Lamar Ave., in the City of Paris, Lamar County, Texas, from a General Retail District (GR) to a one -family dwelling district No. 2 (SF -2). 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 27th day of July, 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