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18 - Amending Chapter 9 Exhibit B Zoning Ordinance Section 8-102 Special Uses for a Mixed-Use that is allowable in CA and PD by SUP in the MF-2-GR-C and LI DistrictsItem No. 18 TO: Mayor, Mayor Pro -Tem & City Council Grayson Path, City Manager FROM: Andrew Mack, AICP Director Planning & Community Development SUBJECT: Ordinance Amending Chapter 9, Exhibit B Zoning Ordinance Section 8-102 Use of Land and Buildings for Mixed Uses Allowable in the CA & PD Districts and by SUP in the MF -2, GR, C and LI Districts DATE: July 26, 2021 BACKGROUND & DISCUSSION At its June 16, 2021 work session the Planning & Zoning Commission discussed and agreed upon changes to the use matrix by adding the existing definition of a mixed use. The Commission then held a public hearing on this amendment and recommended approval of the changes to the City Council on July 6, 2021. The term was already defined in the Zoning Ordinance, but not spelled out in the matrix where the uses are defined as permitted by right or SUP. RECOMMENDATION Staff recommends approval of the ordinance amending Chapter 9 Exhibit B Zoning Ordinance Section 8-102 Special Uses for a Mixed -Use that is allowable in CA and PD, by SUP in the MF- S, GR, C, and LI Districts. 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 CONSIDER AND TAKE ACTION REGARDING THE PETITION OF THE CITY OF PARIS, TEXAS FOR AMENDMENTS TO SECTION 8. USE OF LAND AND BUILDINGS; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS the Planning and Zoning Commission held a work session on June 16, 2021 and held a discussion regarding Mixed Uses as permitted, Special and Prohibited Uses; and WHEREAS, on July 6, 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 a formal recommendation to the City Council to approve the proposed Zoning Ordinance changes for Section 8 Use of Land and Buildings; and, WHEREAS, on July 26, 2021, 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 ordinance changes would be consistent with the Comprehensive Plan of the City of Paris and that the changes to the City Zoning Ordinance are 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 ZONING ORDINANCE NO. 1710 of the City of Paris Code of Ordinances, Section 8. Use of Land and Buildings, Section 8-101, "Primary Residential Uses," and Section 8-107, "Commercial and Service Uses," are hereby amended to add a new line to the tables in said sections entitled "Mixed Uses" as set forth as follows: B-101. PRIMARY RESIDENTIAL USES 8-107. COMMERCIAL & SERVICE USES Section 3. 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 4. 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 S. 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 6. 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. 1.01.069 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 7. This ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED on this 26th day of July, 2021, by the City Council of the City of Paris, in regular session, following notice and publication as required by law. Paula Portugal, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney