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22 - Zoning Change from Agricultural District to Commercial District - Block 344 Lot 10 - 5501 Bonham Street - LCAD 110758Item No. 22 TO: Mayor, Mayor Pro Tem and City Council Grayson Path, City Manager FROM: Andrew Mack, AICP SUBJECT: Public hearing to consider and take action regarding the petition of the Red River Business Park, LLC, for a change in zoning from an Agricultural District (A) to a Commercial District (C), in the City of Paris, Block 344, Lot 10, located at 5501 Bonham Street, LCAD 110758. DATE: August 22, 2022 BACKGROUND The applicant seeks a change in zoning in order to construct access to property just to the South outside the City Limits. A new mini -storage warehouse development is planned on this property. The portion of the land in the City will provide for storm water ponding for this low lying area, commercial signage for the development along the highway, and potential future retail or commercial development along Hwy 82. The property is guided for commercial and therefore the proposed change in zoning is consistent with the Comprehensive Plan. The adjoining use and zoning of the land to the East is commercial. All other surrounding zoning is Agricultural which is the default zoning district for when the land area was annexed into the City of Paris. At its 8/5/22 meeting the Planning & Zoning Commission recommended approval. RECOMMENDATION Staff and P&Z recommends approval of rezoning from Commercial District (C) to a Multiple - Family Dwelling District No. 1 (MF -1). 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 344, LOT 10, LOCATED AT 5501 BONHAM STREET, PARIS, LAMAR COUNTY, TEXAS, (LCAD 110758), 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 344, Lot 10, located 5501 Bonham Street, Paris, Lamar County, Texas, (LCAD 110758) from an Agricultural District (A) to a Commercial District (C); and WHEREAS, on August 1, 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 August 22, 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 344, Lot 10, located 5501 Bonham Street, Paris, Lamar County, Texas, (LCAD 110758) 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 22nd day of August, 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