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18 - Amend Zoning from Neighborhood Service to Commercial District - 3055 Clarksville Street Block 249 Lot 35-AItem No. 18 TO: Mayor, Mayor Pro Tem and City Council Grayson Path, City Manager FROM: Andrew Mack, AICP Director Planning & Community Development SUBJECT: Public hearing to consider and take action regarding the petition of Donald Wilson on behalf of Sunrise Ministries Intl Church for a change in zoning from a Neighborhood Service District (NS) to a Commercial District (C) in the City of Paris, Block 249, Lot 35-A, located at 3055 Clarksville Street- LCAD 17987. DATE: May 23, 2022 BACKGROUND & DISCUSSION The applicant requested a rezoning change from NS to C to permit the remodeling of a closed nursing home into a storage rental facility. The use is a prohibited use in the NS District, but is a permitted SUP in the C District. On 5/2/22 the P&Z recommended approval of the rezoning. ANALYSIS The subject property is zoned NS, is guided for retail in the front half and low density residential in the rear half, and is a vacant former nursing home structure. The vacant structure has been the subject of numerous vandalism break-ins over the years since closing, including the illegal overnight sleeping of trespassers. The land to the West is zoned C, is guided for retail, and is a commercial detail shop The land to the North is zoned SF -2, is guided for Low Density Residential, and are single family residences. • The land to the East is zoned NS, is guided for retail, and is an office building. A rezoning application to Commercial is pending for this property. • The land to the South is Zoned PD, is guided for Office, and is a large commercial shopping center. The change in zoning will be consistent with the Comprehensive Plan. The proposed commercial use of the property is more consistent with the existing commercial development along this immediate street area. The change in zoning will permit the conversion of the former nursing home to a commercial use of the property and bring an end to the vandalism that has occurred upon the property for years. RECOMMENDATION Staff recommends approval of the change in zoning from Neighborhood Service (NS) to Commercial (C). 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 249, LOT 35A, LCAD # 17987, LOCATED AT 3055 CLARKSVILLE STREET, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A NEIGHBORHOOD SERVICE DISTRICT (NS) TO A COMMERCIAL DISTRICT (C); 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 249, Lot 35A, LCAD # 17987, located at 3055 Clarksville Street, in the City of Paris, Lamar County, Texas, from a Neighborhood Service District (NS) to a Commercial District (C); and, WHEREAS, on May 2, 2022, 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 May 23, 2022, 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 249, Lot 35A, LCAD # 17987, located at 3055 Clarksville Street, in the city of Paris, Lamar County, Texas, from a Neighborhood Service District (NS) to a Commercial District (C). 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 8. This ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED on this 23rd day of May, 2022, 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 im 11 mlll CM m IIII IIIIIIIIIIIIIIIIIIIIIII mIm uuuuuum mmmmumuum .r" ct 4—m u P4 4—m r?�I V 1 CA "d U w