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14 - Zoning Amendment - One-Family to Office District - Morningside Estates Block P Lot 3 - LCAD 13441 - 800 Block of S.E. 38th Streeti TO: Mayor & City Council Planning FROM: Grayson Path, City Manager SUBJECT: ZONING CHANGE, 800 BLOCK of NE 381H STREET, LCAD 13441 DATE: March 22, 2021 BACKGROUND: Rebecca Haralson is requesting a change in zoning from a One -Family Dwelling District No. 2 to an Office District as the Executrix for the George Jennison Estate. The subject property is located in the Morningside Estates Addition located in the 800 Block of NE 381" Street. The site is 3.35 acres with Loop 286 frontage. STATUS OF ISSUE: The subject property has remained vacant as currently zoned. The use of properties surrounding the site are residential (north and east), Planned Development (west) and Office (south). The Future Land Use is Retail. Therefore, given the proposed use of Office District and proximity and frontage to Loop 286, city staff believes this zoning change is appropriate and can provide non-residential development in a non -detrimental manner to the neighboring properties. Adequate public utilities are available to the site. The Planning & Zoning Commission voted 5-0 to approve of this zoning change at the March 1, 2021 meeting. RECOMMENDATION: Approve zoning change from One -Family Dwelling District No. 2 (SF- R) to an Office District (0). Z Win oning Change:800 Block of SE 38th Current Zoning: Single -Family (SF -2) Future Land Use: Retail Proposed Zoning: Office (0) 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 MORNINGSIDE ESTATES BLOCK P, LOT 3, LOCATED IN THE 800 BLOCK OF SE 38u' STREET, FROM A ONE -FAMILY DWELLING DISTRICT NO. 2 (SF -2) TO AN OFFICE DISTRICT (0); 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 Morningside Estates Block P, Lot 3, located in the 800 Block of 38th Street, in the City of Paris, Lamar County, Texas, from a One -Family Dwelling District No. 2 (SF -2) to an Office District (0); and, WHEREAS, on March 1, 2021, 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 March 22, 2021, following notice and publication as required bylaw, 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 Morningside Estates Block P, Lot 3, located in the 800 Block of 38th Street, in the City of Paris, Lamar County, Texas, from a One -Family Dwelling District No. 2 (SF -2) to an Office District (0). 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. 1.01.009 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 22nd day of March, 2021, 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