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13 - Zoning Change 426 30th NEItem No. 13 TO: Mayor & City Council Grayson Path, City Manager FROM: Carla Easton, PE, Engineering & Community Development Director SUBJECT: ZONING CHANGE — 426 30th NE DATE: September 28, 2020 BACKGROUND: Christa Brown, on behalf of Norman Montgomery Jr., is requesting a change in zoning from Single Family Dwelling District 2 (SF -2) to Neighborhood Services District (NS) for the property located 426 30th NE in order build a beauty and tanning salon / spa. The property is located at the corner of 30th NE and Pine Mill Road. STATUS OF ISSUE: The future land use plan recommends low density residential use for this property, with high density residential and retail uses to the west and north. Existing land uses in the area include single family residential to the south, assisted living facility and other medical offices to the west, offices to the north, with residential and a church to the east. The proposed zoning change does not conform to the future land use plan, however this use is not inconsistent with other land uses in the near vicinity. The lot appears to be of adequate size to accommodate a mid-size building with appropriate parking. If approved, screening and buffering would be required along the south and east property lines due to adjacent residential uses. The Planning & Zoning Commission voted 5-0 to recommend approval of this zoning change. RECOMMENDATION: Approve of a zoning change from Single Family Dwelling District 2 (SF - 2) to Neighborhood Services District (NS). O M C t 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 294, LOT 11, LOCATED AT 426 N.E. 30TH, FROM A ONE FAMILY DWELLING DISTRICT NO. 2 (SF -2) TO A NEIGHBORHOOD SERVICE DISTRICT (NS); 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 294, Lot 11, located in the 426 N.E. 30th, in the City of Paris, Lamar County, Texas, from a One Family Dwelling District No. 2 (SF -2) to a Neighborhood Service District (NS); and, WHEREAS, on September 8, 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 September 28, 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 Block 294, Lot 11, located at 426 N.E. 30th, in the City of Paris, Lamar County, Texas, from a One Family Dwelling District No. 2 (SF -2) to a Neighborhood Service District (NS). 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 8. This ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED on this 28th day of September, 2020, by the City Council of the City of Paris, in regular session, following notice and publication as required by law. ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney Steven J. Clifford, M.D., Mayor