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14 - Zoning Change Request for part of a lot at 3475 LamarItem No. 14 kf��M�� WM TO: Mayor & City Council FROM: Grayson Path, City Manager SUBJECT: ZONING CHANGE — PART OF LOT AT 3475 LAMAR DATE: October 26, 2020 BACKGROUND: The First Assembly of God Church owns approximately 3.7 acres at the corner of Lamar Avenue and 35th NE, and is requesting a change in zoning from Single Family Dwelling District 2 (SF -2) to General Retail (GR) for the western part of the property. The subject property is currently used as the church gymnasium / fellowship hall. Mr. Martin proposes to develop the western portion with a new quick service drive-thru restaurant. Adjacent properties along Lamar are zoned Planned Development and General Retail. STATUS OF ISSUE: The future land use plan recommends this area for retail use, primarily because of frontage along Lamar Avenue. Existing land uses nearby include retail shopping centers, quick serve restaurants, churches, apartments, and single family residential to the north. The zoning change request complies with the recommendations in the comprehensive plan, and staff is in support of this zoning change. The Planning & Zoning Commission voted 7-0 to recommend approval of this zoning change. RECOMMENDATION: Approve of a zoning change from Single Family Dwelling District 2 (SF- R) to General Retail (GR). 74 �i i 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 296, PART OF LOT 9, LOCATED AT 3475 LAMAR AVE., FROM A SINGLE-FAMILY DWELLING DISTRICT (SF -2) 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 of Paris Block 296, Part of Lot 9, located at 3475 Lamar Ave., in the City of Paris, Lamar County, Texas, from a Single -Family Dwelling District No. 2 (SF -2), to a General Retail District (GR); and, WHEREAS, on October 5, 2020, following notice and publication as required bylaw, 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 October 26, 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 296, Part of Lot 9, located at 3475 Lamar Ave., in the City of Paris, Lamar County, Texas, from a Single -Family Dwelling District No. 2 (SF -2), 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 26t" day of October, 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