12-CONSIDERING REQUEST FOR CHANGE IN ZONING FROM NEIGHBORHOOD SERVICE DISTRICT TO GENERAL RETAIL DISTRICT @ 636 TUDOR STREETCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
A.genda Item No.:
08/08/11
Planning & Zoning
Shawn Napier, P.E., Director of
Council Date:
Commission
Engineering, Planning and
12.
08/22/11
Development
RECOMMENDED MOTION:
Public Hearing, first reading, deliberate and possibly act on an ordinance considering the petition of
Carla Wallace for a change in zoning for property located on Lot 6, City Block 63, being located at 636
Tudor Street from a Neighborhood Service District (NS) to a General Retail District (GR).
POLICY ISSUE(S):
Zoning; Public Hearing
BACKGROUND:
Carla Wallace has requested a change in zoning from a Neighbarhood Service District (NS) to a General
Retail District (GR) on Lot 6; City Block 63, being located at 636 Tudor Street. Ms. Wallace will
continue to utilize this property as a retail business. The Planning and Zoning Commission
recommended approval of this request.
Two individuals spoke 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 7-0.
EXHIBITS:
Ordinance, memo, photos, and aerial
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Order
Expense
$
❑ Department Report ❑ Resolution
Budgeted Amt.
$
~ Presentation Z Ordinance
y'I'D Actual
$
Z Public Hearing ❑ Other
Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
* Administration Z City Clerk E Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court Z Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities
City of Paris ^ Revised 2/04/08
Draft # 1
ORDINANCE NO.
s: attorney/ordwork/current/zoning cooper propane 8-22-11
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 6, CITY
BLOCK 63, PARIS, LAMAR COUNTY, TEXAS LOCATED AT 636 TUDOR
STREET FROM A NEIGHBORHOOD SERVICE (NS) TO A GENERAL RETAIL
DISTRICT (GR); 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 6,
City Block 63, City of Paris, Lamar County, Texas, located at 636 Tudor Street, Paris, Texas
from Neighborhood Service District (NS) to General Retail District (GR).
WHEREAS, on August 1, 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 August 22, 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 6, City Block 63, City of Paris, Lamar County, Texas located at 636
Tudor Street, Paris, Texas, from Neighborhood Service District (NS) to General Retail
District (GR).
Section 3. That the Chief Building Official of the City of Paris be, and he is hereby,
- 84
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 22nd day of August, 2011.
A.J. Hashmi, M.D., Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
85
MEMORANDUM
TO: Chairman and Members of the Planning and Zoning Comlnission
Honorable Mayor and Members of the City Council
FROM: Jeanna Scott, Plarming and Development Department
SUBJECT: Zoning Change Requests
DATE: July 27, 2011
The following zoning change request will be presented at th.e August 1, 2011, meeting of
the Planning and Zoning Commission and the August 22, 2011, meeting of the City Council of the
City of Paris for consideration:
Carla Wallace is requesting that the property ]ocated on Lot 6, City Block 63, being located
at 636 Tudor Street, be rezoned from a Neighborhood Service District (NS) to a General
Retail District (GR). Ms. Wallace will be opening a retail store at this location. The
surrounding properties are currently zoned General Retail to the west and Residential to the
east of the property. I recommend approval of the petition.
cc: Gene Anderson, lnterim City Manager
86
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