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16 - Amend Zoning - Block 307 C Lot 1 - 4005 N. Main Street - from Agricultural to Commercial DistrictItem No. 16 Memorandum 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 MWY Investments, LLC for a change in zoning from an Agricultural District (A) to a Commercial District (C) in the City of Paris, Block 307-C, Lot 1, located at 4005 N Main Street- LCAD 106006. MTG. DATE: June 27, 2022 BACKGROUND The applicant requested a rezoning change from A to C to permit the remodeling of an existing commercial building that was previously operated as a retail art gallery to commercial contractor office building. The new land owner also intends to construct a new contractor storage building behind the existing building along County Road 32900. The P&Z recommended approval at its 6/6/22 meeting. ANALYSIS The subject property is zoned A, is guided for Commercial and contains a retail building. • The land to the West is zoned A, is guided for Commercial and is undeveloped along CR 32900. • The land to the North is zoned A, is guided for Commercial and contains a single family residence and Thrasher's Wood Crafts and storage business. • The land to the East is zoned A, is guided for Commercial and contains a mixture of commercial businesses. • The land to the South is Zoned C, is guided for commercial and is crop land. The change in zoning will be consistent with the Comprehensive Plan. The proposed commercial use of the property is consistent with the existing commercial business uses of the immediate area. The change in zoning will permit the construction of the new contractor shop. UNPUTS No inputs have been received on this request. RECOMMENDATION Staff recommends approval of the change in zoning Agricultural District (A) to a Commercial District (C) for the property located at 4005 North Main Street. 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 307-C, LOT 1, LOCATED AT 4005 N. MAIN STREET, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM AN AGRICULTURAL DISTRICT (A) 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 307-C, Lot 1, located at 4005 N. Main Street, in the City of Paris, Lamar County, Texas, from an Agricultural District (A) to a Commercial District (C); and, WHEREAS, on June 6, 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 June 27, 2022, 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 City of Paris Block 307-C, Lot 1, located at 4005 N. Main Street, in the City of Paris, Lamar County, Texas, from an Agricultural District (A) 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 B. This ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED on this 27th 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