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24 - ZONING CHANGE FOR LAMAR AVEItem No. 24 memorandum TO: City Council John Godwin, City Manger FROM: Shawn Napier, P.E., Director of Engineering, Planning & Development SUBJECT: ZONING CHANGE FOR LAMAR AVENUE DATE: June 2, 2015 BACKGROUND: This application is for a public hearing to consider the petition of the City of Paris for a change in zoning from a Commercial District (C) to a General Retail District (GR) for the following properties: a) Lot 2 -F of City Block 313, being located at 3680 Lamar Avenue (CVS) b) Lot 1, Block A of Petco Plaza 313, located at 3920 Lamar Avenue ( Petco Plaza shopping center) c) Lot 2, Block A of Petco Plaza 313, located at 3922 Lamar Avenue (Taco Bell) d) Lot part of 1, Block A of the Morningside North Addition, located at 3940 Lamar Avenue (nail salon) e) Lot 2, Block B of the Morningside North #2 Addition, located at 4250 Lamar Avenue (Ben Glick - vacant lot) f) Lot part of 10 -A of City Block 313, being 0.977 acres, located in the 4200 block of Lamar Avenue (Arjumand Hashmi - vacant lot) g) Lot 1, Block C of the Morningside North #3 Addition, located in the 4300 block of Lamar Avenue (Clyde Pickens - vacant lot) h) Lot 1 -A, Block C of the Morningside North #3 Addition, located at 4520 Lamar Avenue (My Dentist) i) Lot 2, Block C of the Morningside North #3 Addition, located at 4530 Lamar Avenue (Colonial Lodge) j) Lot 3, Block C of the Morningside North #3 Addition, located at 4550 Lamar Avenue (Jackson Medical Plaza) k) Lot 12 -B of City Block 313, being 1.586 acres, located at 4600 Lamar Avenue (Century 21 Executive Realty) 1) Lot part of 12 of City Block 313, being 1.12 acres, located at 4650 Lamar Avenue (Iftegar & Seema Syed - office) m) Lot 1 of City Block 313 -A, being 2.7289 acres, located at 4720 Lamar Avenue (Reno Paint & Body) n) Lot 1 -A of City Block 313 -A, being 1.5057 acres, located at 4760 Lamar Avenue (Jean B. Stephens — vacant lot) o) Lot 1 -B of City Block 313 -A, being 1.5428 acres, located at 4820 Lamar Avenue (Texas Tumbling & Trampoline) The Planning & Zoning Commission denied the zoning change by a vote of 6 -0 on June 1, 2015. STATUS OF ISSUE: The city staff has determined the following findings: (A) Existing Land Use: The current property uses includes retail stores (x2), a restaurant, a custom personal service shop, vacant properties (x4), professional and administrative offices (x4), a residence home for aged, an auto repair and a recreational facility. (B) Existing Zoning of the Subject Property: The subject properties are all currently zoned Commercial (C). (C) Proposed Land Use for the Subject Property: The City is asking that all properties be changed to a General Retail (GR) zoning district. The only property that would become a non- conforming use would be Reno Paint & Body (auto repair). Land uses on the four vacant lots will be more restrictive under a General Retail (GR) zoning district. All of the other current uses are allowed in General Retail (GR) zoning. (D) Proposed Zoning of the Subject Property: The City of Paris is requesting General Retail (GR) zoning for the 15 properties. (E) The Future Land Use Plan (FLUP) within the Comprehensive Plan: All lots are recommended for General Retail (GR) zoning. (F) Factors City Staff Considered Regarding Its Recommendation: (1) The subject properties are primarily surrounded by single family and agricultural uses, with a few lots zoned Planned Development, Commercial or General Retail. (2) This zoning will allow fewer uses that could negatively impact the adjacent properties. (3) The Future Land Use Plan recommends General Retail (GR) zoning for all lots that front Lamar Avenue from Loop 286 east to the City Limits. These factors, taken collectively, have encouraged city staff to recommend approval. In order to approve these zoning changes it will take a 3/4 majority vote of the City Council. RECOMMENDATION: Approve a change in zoning from Commercial District (C) to a General Retail District (GR) on the 15 properties listed. 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 THE FOLLOWING DESCRIBED PROPERTIES, ALL BEING LOCATED AT LAMAR AVENUE, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A COMMERCIAL DISTRICT (C), 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. a) Lot 2 -F of City Block 313, being located at 3680 Lamar Avenue (CVS) b) Lot 1, Block A of Petco Plaza 313, being located at 3920 Lamar Avenue ( Petco Plaza shopping center) c) Lot 2, Block A of Petco Plaza 313, being located at 3922 Lamar Avenue (Taco Bell) d) Lot part of 1, Block A of the Morningside North Addition, being located at 3940 Lamar Avenue (nail salon) e) Lot 2, Block B of the Morningside North #2 Addition, being located at 4250 Lamar Avenue (Ben Glick - vacant lot) f) Lot part of 10 -A of City Block 313, being 0.977 acres, being located in the 4200 block of Lamar Avenue (Arjumand Hashmi - vacant lot) g) Lot 1, Block C of the Morningside North #3 Addition, being located in the 4300 block of Lamar Avenue (Clyde Pickens - vacant lot) h) Lot 1 -A, Block C of the Morningside North #3 Addition, being located at 4520 Lamar Avenue (My Dentist) i) Lot 2, Block C of the Morningside North #3 Addition, being located at 4530 Lamar Avenue (Colonial Lodge) j) Lot 3, Block C of the Morningside North #3 Addition, being located at 4550 Lamar Avenue (Jackson Medical Plaza) k) Lot 12 -B of City Block 313, being 1.586 acres, being located at 4600 Lamar Avenue (Century 21 Executive Realty) 1) Lot part of 12 of City Block 313, being 1.12 acres, being located at 4650 Lamar Avenue (Iftegar & Seema Syed - office) m) Lot 1 of City Block 313 -A, being 2.7289 acres, being located at 4720 Lamar Avenue (Reno Paint & Body) n) Lot 1 -A of City Block 313 -A, being 1.5057 acres, being located at 4760 Lamar Avenue (Jean B. Stephens - vacant lot) DRAFT o) Lot 1 -B of City Block 313 -A, being 1.5428 acres, being located at 4820 Lamar Avenue (Texas Tumbling & Trampoline) WHEREAS, the Planning & Zoning Commission received a request for an amendment to the Zoning Ordinance of the City of Paris to rezone the above described properties, being located on Lamar Avenue, in the City of Paris, Lamar County, Texas, from a Commercial District (C) to a General Retail District (GR); and WHEREAS, on June 1, 2015, following notice and publication as required by law, the Planning and Zoning Commission conducted a public hearing on the proposed amendments to the City zoning ordinance and, following said hearing, made formal recommendation to the City Council to deny said proposed zoning changes; and, thereby, requiring a three - quarter % majority vote of the City Council to approve the rezoning of the properties; WHEREAS, on June 8, 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 changes 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 the following described properties, being located on Lamar Avenue, in the City of Paris, Lamar County, Texas which are currently zoned Commercial District (C) shall hereafter bear the zoning classification of General Retail District (GR), to -wit: a) Lot 2 -F of City Block 313, being located at 3680 Lamar Avenue (CVS) b) Lot 1, Block A of Petco Plaza 313, being located at 3920 Lamar Avenue ( Petco Plaza shopping center) c) Lot 2, Block A of Petco Plaza 313, being located at 3922 Lamar Avenue (Taco Bell) d) Lot part of 1, Block A of the Morningside North Addition, being located at 3940 Lamar Avenue (nail salon) e) Lot 2, Block B of the Morningside North #2 Addition, being located at 4250 Lamar Avenue (Ben Glick - vacant lot) 'i• f) Lot part of 10 -A of City Block 313, being 0.977 acres, being located in the 4200 block of Lamar Avenue (Arjumand Hashmi - vacant lot) g) Lot 1, Block C of the Morningside North #3 Addition, being located in the 4300 block of Lamar Avenue (Clyde Pickens - vacant lot) h) Lot 1 -A, Block C of the Morningside North #3 Addition, being located at 4520 Lamar Avenue (My Dentist) i) Lot 2, Block C of the Morningside North #3 Addition, being located at 4530 Lamar Avenue (Colonial Lodge) j) Lot 3, Block C of the Morningside North #3 Addition, being located at 4550 Lamar Avenue (Jackson Medical Plaza) k) Lot 12 -B of City Block 313, being 1.586 acres, being located at 4600 Lamar Avenue (Century 21 Executive Realty) 1) Lot part of 12 of City Block 313, being 1.12 acres, being located at 4650 Lamar Avenue (Iftegar & Seema Syed - office) m) Lot 1 of City Block 313 -A, being 2.7289 acres, being located at 4720 Lamar Avenue (Reno Paint & Body) n) Lot 1 -A of City Block 313 -A, being 1.5057 acres, being located at 4760 Lamar Avenue (Jean B. Stephens - vacant lot) o) Lot 1 -B of City Block 313 -A, being 1.5428 acres, being located at 4820 Lamar Avenue (Texas Tumbling & Trampoline) 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 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. DRAFT PASSED AND ADOPTED on by the City Council of the City of Paris, in regular session on this the 8th day of June, 2015. A.J. Hashmi, M.D., Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney