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18 - Zoning Amendment from General Retail to Multiple-Family - Block 249 - 2500 Lamar Ave.IM Item No. 18 TO: Mayor, Mayor Pro -Tem and City Council Grayson Path, City Manager FROM: Andrew Mack, AICP Director Planning & Community Development SUBJECT: Conduct a public hearing and take action regarding the petition of Pann Sribhen on behalf of Shine in Paris, LLC for a zoning change from a General Retail District (GR) to a Multiple -Family Dwelling District No. 2 (MF -2), LCAD 102125, in the City of Paris, Block 249, Lot PT of 9, behind 2500 Lamar Ave, 0.374 Acres. MTG. DATE: July 24, 2023 BACKGROUND The applicant has requested a rezoning from a GR to a MF -2 District to construct 2 -story apartment buildings for this mixed use retail/service and residential apartment's project. There are a total of three 2 -story apartment buildings proposed within the MF -2 Zoning District. This is one of two related zoning change requests before you tonight (the other being LCAD 17944), both converting side-by-side properties to MF -2. On 7/6/23 the P&Z recommended approval. ANALYSIS The subject property is zoned GR, is now guided for a combination of Low Density Residential, High Density Residential and Retail, and is a vacant lot. The following analysis is based on both this and our other zoning change tonight for Shine In Paris: • The land to the West is zoned GR and SF -3, is guided for Retail and Low Density Residential, and is an EMS Station to the northwest and single family residences due West. • The land to the immediate north is owned by Shine in Paris, LLC and is General Retail, while across Lamar Avenue it is zoned C, is guided for retail, and is a fast food restaurant. • The land to the East is zoned GR, is guided for Low Density Residential and are single- family homes and duplexes fronting on NE 215` Street. • The land to the South is zoned GR & SF -3, is guided for Low Density Residential & High Density Residential, and is part of the undeveloped lot and single-family residences further South. INPUTS 4 input was received from citizens in the surrounding neighborhood objecting to the project. The primary concerns are centered on drainage problems and the need for screening & buffering from the adjacent higher density and intensity land uses associated with this project. The concerns will be addressed through the City's development regulations, but can be reinforced through recommended approval conditions from the previous SUP request. RECOMMENDATION P&Z and Staff recommends approval of a rezoning from GR to MF -2 District without conditions. 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 BLOCK 249, PART OF LOT 9, LOCATED BEHIND 2500 LAMAR AVENUE, 0.374 ACRES (LCAD # 102125), FROM A GENERAL RETAIL DISTRICT (GR) TO A MULTIPLE - FAMILY DWELLING DISTRICT NO. 2 (MF -2); 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 Block 249, Part of Lot 9, LCAD# 102125, located behind 2500 Lamar Avenue, from a General Retail District, (GR), to a Multiple -Family Dwelling District No. 2, (MF -2); and WHEREAS, on July 6, 2023 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 July 24, 2023, 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 would be 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 Block 249, Part of Lot 9, 0.374 acres, LCAD# 102125, located behind 2500 Lamar Avenue, from a General Retail District (GR), to a Multiple -Family Dwelling District No. 2 (MF- A). 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 24th day of July, 2023, by the City Council of the City of Paris, in regular session, following notice and publication as required by law. Reginald B. Hughes, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney