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18-Ordinance considering the request for a change in zoning CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 05/13/11 Planning & Zoning Shawn Napier, P.E., Director of Council Date: Commission Engineering, Planning and 18. 05/23/11 Development RECOMMENDED MOTION: Public Hearing, first reading, deliberate and possibly act on an ordinance considering the petition of Kenneth Dyer for a change in zoning for property located on Lot 7, City Block 61, being located at 624 5th Street N.E. from a General Retail District (GR) to a General Retail District (GR) with a specific use permit (28) Mortuary. POLICY ISSUE (S): Zoning; Public Hearing BACKGROUND: Kenneth Dyer has requested a change in zoning from a General Retail District (GR) to a General Retail District (GR) with a specific use permit (28) Mortuary on Lot 7, City Block 61, being located at 624 5t" Street N.E. Mr. Dyer will utilize this property as a Funeral Home; the property was originally built and operated as a funeral home. The Planning and Zoning Commission recommended approval of this request. One individual spoke in favor of the request. One letter was read in to record in favor of the request. No one spoke in opposition to this request. BOARD/COMMISSION RECOMMENDATION: The Commission recommended approval of this request by a vote of 5-0. EXHIBITS: Ordinance, memo, letter, photos, and aerial ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt $ ❑ Presentation ® Ordinance YTD Actual $ ® Public Hearing ❑ Other Acct Name Acct Number FISCAL NOTES: REVIEWED AND APPROVED BY: ® Administration ® City Clerk ® Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court ® Legal ❑ Library ❑ Police ® Eng./Public Works ❑ Utilities L- 11 City of Paris Revised 2/04/08 108 Draft s/attorney/ordwork/current zoning 624 Sth NE Draft 4 5.23.11 Item #18 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 LOT 7, BLOCK 61, PARIS, LAMAR COUNTY, TEXAS LOCATED AT 624 5TH STREET NE FROM A GENERAL RETAIL DISTRICT (GR) TO A GENERAL RETAIL DISTRICT (GR) WITH A SPECIFIC USE PERMIT (28) MORTUARY; 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 & Zoning Commission received an application to amend City Zoning Ordinance No. 1710 of the City of Paris, as heretofore amended, to rezone Lot 7, City Block 61, City of Paris, Lamar County, Texas, located at 624 5th Street NE, Paris, Texas from General Retail District (GR) to General Retail District (GR) with specific use permit (28) Mortuary. WHEREAS, on May 2, 2011, 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 amendment. WHEREAS, on May 23, 2011, 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. 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, be and hereby is further amended to rezone Lot 7, City Block 61, City of Paris, Lamar County, Texas located at 624 Sth Street NE, Paris, Texas, from General Retail District (GR) to General Retail (GR) with specific use permit (28) Mortuary. Section 3. That the Chief Building Official of the City of Paris be, and he is hereby, 109 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. 1-6 of Chapter One 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. That the City Council voted by a supermajority vote of the entire Council to suspend the rule requiring two readings before adoption of ordinances ayes and nays. Section 9. That this ordinance shall become effective from and after its passage of the first reading and publication as required by law. PASSED AND ADOPTED on by the City Council of the City of Paris, in regular session on this the 23rd day of May, 2011. Joe McCarthy, Mayor Pro Tern ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney 110 MEMORANDUM TO: Chainnan and Members of the Planning and Zoning Commission Honorable Mayor and Members of the City Council FROM: Jeanna Scott, Planning and Development Department SUBJECT: Zoning Change Requests DATE: April 25, 2011 The following zoning change request will be presented at the May 2, 2011, meeting of the Planning and Zoning Commission and the May 23, 2011, meeting of the City Council of the City of Paris for consideration: 1. Kenneth Dyer is requesting that the property located on Lot 7, City Block 61, being number 624 5t' Street N.E., be rezoned from a. General Retail District (GR) to a General Retail District (GR) with a specific use permit (28) Mortuary in the O, NS and GR Districts. Mr. Dyer will utilize this property as a Funeral Home; the property was originally built and operated as a Funeral Home. I recommend approval of the petition. cc: Gene Anderson, Interim City Manager 111 r PA { °I~S CITY, Of` >tnr.r - April 28, 2011 Planning and Zoning Commissioners RE: IN FAVOR OF 6245 T" STREET N.E. Dear Commissioners: The City of Paris Plannin and Development Department received a phone call from Flora Rucker, property owner, at 624 6t' Street N.E. on April 25, 2011. Ms. Rucker stated she is disabled and unable to attend the commission meeting on May 2, 2011, therefore she requested the City of Paris notify the Planning and Zoning Commission and the City Council that she is in favor of the zoning request for the property located at 624 5`" Street N.E. Please let me know if you have any questions. 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