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12 - ZONING CHANGE FOR PROPERTY LOCATED AT 3015 CLARKSVILLE ST.Item No. 12 memorandum TO: City Council John Godwin, City Manager FROM: Shawn Napier, P.E., Director of Engineering, Planning & Development SUBJECT: ZONING CHANGE FOR PROPERTY LOCATED AT 3015 CLARKSVILLE ST. DATE: May 5, 2015 BACKGROUND: This application is for a public hearing to consider the petition of Chris Methven for a change in zoning from a General Retail District (GR) to a Commercial District (C) on Lots 25 & 26, Block A of the Johnson Woods Estates addition, being located at 3015 Clarksville St. The applicant is leasing the subject property and has obtained approval from the property owner to change the zoning on the property. The Planning & Zoning Commission voted to deny the zoning request by a vote of 5 -0 at its May 4th meeting. No one spoke in favor of the request, four people spoke in opposition and four letters were received in opposition to the zoning change. STATUS OF ISSUE: The city staff has determined the following findings: (A) Existing Land Use: The most recent use of the property was an automobile window tinting business. (B) Existing Zoning of the Subject Property: This subject property is currently zoned General Retail (GR). (C) Proposed Land Use for the Subject Property_ The applicant wishes to occupy the lot as a used car dealership. (D) Proposed Zoning of the Subject Property; The applicant is requesting Commercial Zoning on the property. (E) The Future Land Use Plan (FLUP) within the Comprehensive Plan: The lot is recommended for Retail (R) uses. (F) Factors City Staff Considered Regarding Its Recommendation: (1) This subject property is bounded by single family to the north, commercial uses to the east, industrial (Philips Lighting) to the south, and multi- family to the west. (2) The existing building on site appears to have originally been a gasoline service station. (3) A commercial zoning district will allow uses which may not be compatible with adjacent residential uses. (4) The Future Land Use Plan does not recommend commercial land uses anywhere along Clarksville St. These factors, taken collectively, have encouraged the city staff to recommend denial of the applicant's request. RECOMMENDATION: Deny the change in zoning from a General Retail District (GR) to a Commercial District (C) on Lots 25 & 26, Block A of the Johnson Woods Estates addition, being located at 3015 Clarksville St. DRAFT 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 25 & 26, BLOCK A, JOHNSON WOODS ESTATE ADDITION, BEING LOCATED AT 3015 CLARKSVILLE STREET, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A GENERAL RETAIL DISTRICT (GR) 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 Lot 25 & 26, Block A, Johnson Woods Est., being located at 3015 Clarksville Street, in the City of Paris, Lamar County, Texas, from a General Retail District (GR) to a Commercial District (C); and WHEREAS, on May 4th, 2015, 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 deny said proposed zoning change, thereby requiring a three - quarter (3/4) majority vote of the City Council to approve the rezoning of the property, and WHEREAS, on May 11th, 2015, 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 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 25 & 26, Block A, Johnson Woods Est., being located at 3015 Clarksville Street, in the City of Paris, Lamar County, Texas, from a General Retail District (GR) 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 -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. PASSED AND ADOPTED on by the City Council of the City of Paris, in regular session on this the 11th day of May, 2015. Matt Frierson, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney