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17-19-HERITAGE RIDGE INVESTMENTS ZONINGItem Nos. 17-19 memo�andum TO: Mayor & Council FROM: John Godwin, City Manager Alan Efrussy, AICP, Planning Manager SUBJECT: HERITAGE RIDGE INVESTMENTS ZONING DATE: February 19, 2013 BACKGROLJND: At the February 4, 2013 planning and zoning commission meeting three public hearings were held to consider the petition of Heritage Ridge Investments, and preliminary and final plats were considered for these subject zoning requests. At that meeting, the commission unanimously recommended approval of all of these items. On February 11 the city council subsequently approved the plats, and opened public hearings on the three zoning requests, with the expectation that those hearings would be concluded on February 25. STATUS OF ISSUE: Specifically, the three zoning requests are: • City Block 313, Lot 2, is currently zoned Planned Development District—c (PD-c) which is for industrial parks or districts. This currently vacant lot at 3720 Lamar Avenue, formerly the site of Big Tex Feed Company, is adjacent to the Exxon Station at 3750 Lamar Avenue (Lot 2-E). Heritage Ridge Investments has requested a change in zoning to Commercial District (C) to allow them to demolish the existing Exxon Station and construct a 5,000 square foot convenience store with a large fuel island and canopy on parts of the two existing lots. • City Block 313, Lot 2-E, is already zoned Commercial (C). Heritage Ridge Investments has requested a change in zoning for that lot from a Commercial District (C) to a Commercial District with a Specific Use Permit for auto fuel sales on both Lots 2 and 2-E. • City Block 222-B, Lots 5, 6, and 7 are currently zoned Commercial District (C). An Exxon gas station currently exists at 2685 Lamar on Lot 6. Lots 5 and 7 on either side are vacant. Heritage Ridge Investments has requested a zoning change from Commercial District (C) to Commercial District (C) with a Specific Use Permit for auto fuel sales on Lots 5, 6, and 7, all 93 located at 2685 Lamar Ave. They are proposing to construct another 5,000 square foot convenience store with a large fuel island and canopy on parts of the three lots. BUDGET: NA. RECOMMENDATION: Approve each of the three zoning requests following completion of the public hearings opened on February 1 l. �� 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 2, CITY BLOCK 313, BEING LOCATED AT 3720 LAMAR AVENUE, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A PLANNED DEVELOPMENT DISTRICT (PD-C) 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 & Zoning Commission received a request far an amendment to the Zoning Ordinance of the City of Paris to rezone Lot 2, City Block 313, City of Paris, Lamar County, Texas from a Planned Development District (PD-c) to a Commercial District (C); and, WHEREAS, on February 4, 2013, 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 February 25, 2013, 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 Lot 2, City Block 313, being located at 3720 Lamar Avenue, City of Paris, Lamar County, Texas, from a Planned Development District (PD-c) 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. _ _. 9 � 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 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 6. That any person violating any of the provisions of this ordinance shall be guilty of a Misdemeanor, and, upon conviction, shall be fined in any sum not to exceed $2,000.00, and each and every day's continuance of any violation of the above-enumerated sections shall constitute and be deemed a separate offense. Section 7. 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 25'" day of February, 2013. ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney �t A.J. Hashmi, Mayor 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 LOTS 5, 6, and 7, CITY BLOCK 222—B , BEING NUMBER 2685 LAMAR AVENUE, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, ADDING A SPECIFIC USE PERMIT (49) FOR AUTO FUEL SALES TO THE EXISTING PROPERTY; 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 Lots 5, 6, and 7, City Block 222-B, City of Paris, Lamar County, Texas from a Commercial District (C) to a Commercial District (C) with a specific use permit (C49); and, WHEREAS, on February 4, 2013, 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 February 25, 2013 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 Lots 5, 6, and 7, City Block 313, being number 2685 Lamar Avenue, in the City of Paris, Lamar County, Texas, from Commercial District (C) to Commercial District (C), with a specific use permit (C49) for auto fuel sales. 9'7 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 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 6. That any person violating any of the provisions of this ordinance shall be guilty of a Misdemeanor, and, upon conviction, shall be fined in any sum not to exceed $2,000.00, and each and every day's continuance of any violation of the above-enumerated sections shall constitute and be deemed a separate offense. Section 7. 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 the first and final reading this ZSth day of February, 2013. ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney �• A.J. Hashmi, M.D., Mayor 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 LOTS 2 AND 2-E, CITY BLOCK 313, BEING NUMBERS 3720 AND 3750 LAMAR AVENUE, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, ADDING A SPECIFIC USE PERMIT (49) FOR AUTO FUEL SALES ON LOTS 2 AND 2-E, TO THE EXISTING PROPERTY; 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 a request for an amendment to the Zoning Ordinance of the City of Paris to rezone Lot 2 and 2-E, City Block 313, City of Paris, Lamar County, Texas from a Commercial District (C) to a Commercial District (C) with a specific use permit (C49); and, WHEREAS, on February 4, 2013, 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 February 25, 2013 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. 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 Lots 2 and 2-E City, Block 313, being number 3720 and 3750 Lamar Avenue, in the City of Paris, Lamar County, Texas, from Commercial District (C) to Commercial District (C), with a specific use permit (C49) for auto fuel sales. •• 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 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 6. That any person violating any of the provisions of this ordinance shall be guilty of a Misdemeanor, and, upon conviction, shall be fined in any sum not to exceed $2,000.00, and each and every day's continuance of any violation of the above-enumerated sections shall constitute and be deemed a separate offense. Section 7. 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 the first and final reading this 25th day of February, 2013. ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney 100 A.J. Hashmi, M.D., Mayor