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12 - ZONING CHANGE AT 4310 PINE MILL ROADItem No. 12 memorandum TO: Mayor & City Council John Godwin, City Manager FROM: Alan Efrussy, AICP, Planning Manager SUBJECT: ZONING CHANGE FROM AN AGRICULTURAL DISTRICT (A) TO A MULTIPLE — FAMILY DWELLING DISTRICT -2 (MF -2) LOCATED AT 4310 PINE MILL ROAD. DATE: June 7, 2016 BACKGROUND: This application is for a public hearing to consider the petition of Wayne Brown on behalf of Gerald and Lisa Fulton for a change in zoning from an Agricultural District (A) to a Multiple — Family Dwelling District No. 2 (MF -2), on Tract -63, A 208 E Crow Survey, being located at 4310 Pine Mill Road. At the June 6, 2016 Planning and Zoning Commission meeting, Wayne Brown spoke in favor of this rezoning request, and no one else spoke either in favor of or in opposition to this request. The Commission unanimously voted to recommend approval of this zoning request to the City Council. STATUS OF ISSUE: The city staff has determined the following: (A) Existing Land Use: This subject property is essentially vacant with one storage building and one single — family home. The property consists of 3.96 acres of land, and there is no flood plain on this subject property. The area immediately west and adjacent to this subject property is characterized mainly by duplex and fourplex residential uses. The property immediately east and southeast is essentially vacant. One small commercial use is northwest of the subject property, and the remaining environs are represented largely by single — family uses. (B) Existing Zoning of the Subject Property The subject property is zoned Agricultural (A). Property west and adjacent is zoned Multiple — Family Dwelling District -2 (MF -2); property northwest, north and east is zoned Agricultural (A); and property in the immediate environs is represented by Commercial (C), One— Family Dwelling District (SF -2) and One — Family Dwelling District (SF -3) zones. (C) Proposed Land Use for the Subject Property: The applicant is proposing to develop the property for apartment dwelling units. (D) Proposed Zoning of the Subject Property: The proposed zoning of this subject property is to the Multiple — Family Dwelling District -2 (MF -2). (E) The Future Land Use Plan (FLUP) within the Comprehensive Plan: The Future Land Use Plan designates this property as Low — Density Residential (LDR) uses, and the FLUP text states that "this use is representative of traditional, single — family detached dwelling units." The property immediately west and adjacent to this subject property is indicated mainly for High — Density Residential (HDR). The HDR use is "Traditional apartment —type units in attached living complexes (that) characterize high density residential land uses ... It should be noted that medium density uses should also be permitted in any area designated for high density use." Part of this adjacent property to the west is also recommended for LDR (Low Density Residential). The remaining environs surrounding the subject property are recommended on the Future Land Use Plan mainly for LDR uses, with Retail at the intersection of Pine Mill Road and NE 42nd Street, as this Retail area extends westward toward NE Loop 286. (F) The Parks Recreation, and Open Space Master Plan: The Existing Parks and Open Space Plan indicates that Eastgate Park is in relatively close proximity to the subject property. The Trail and Sidewalk Map, and the Future Parks and Open Spaces Map are not impacted by this rezoning request. (G) The Major Thoroughfare Plan (MTP): The MTP indicates that Pine Mill Road is a Collector Roadway. The city engineer has stated that during the platting process for this property, five (5) feet of additional right —of - -way (R.O.W.) will need to be dedicated. (H) Additional Considerations Regarding the Staff Evaluation and Recommendations: The city engineer, director of public works, and the fire marshal stated that they do not have zoning issues related to this rezoning request. During the preparation of the plats, in addition to the five (5) foot of R.O.W. requested by the city engineer, the director of public works anticipates requesting additional R.O.W. for utility purposes. (I) Zoning Options for Consideration by the Planning and Zoning Commission: Based on current zoning conditions in the immediate environs as well as the Future land Use Plan (FLUP) Map recommendation, the following options are stated: Option 1. Allow the property to remain zoned Agricultural (A): 2 (a) This decision would be compatible with the FLUP which indicates that the subject property should be developed as Low Density Residential (LDR), which is essentially single — family detached residential use. (b) This decision would presume that there would be a single — family market in the relatively near future to develop this property. Option 2 Rezone the property to the requested Multiple — Family Dwelling District 2 (MF -2) (a) There is a current market for multi — family use as reflected by this rezoning request. Also, during the past several years, and currently, several medical facilities have been approved, and some are also in the process of being evaluated; further, several new businesses have been established in Paris relatively recently (e.g., two new restaurants downtown). All the new and proposed uses, as well as future uses, have employees that prefer multi — family living to single — family houses. (b) The applicant wishes to currently develop said proposed multi — family uses. This would provide new housing stock of this type, and also provide property taxes directly, and indirectly, future sales taxes based on the residents shopping activities who would live within the new multi — family uses. (c) The land area directly west and adjacent to the subject property is already developed and zoned MF -2. Further, the majority of this adjacent property is recommended for High Density Residential (HDR), which is fully compatible with this MF -2 rezoning request. HDR is described in the FLUP as "Traditional apartment —type units in attached living complexes..." and "...the medium density uses should also be permitted in the area designated for high density use." In summary, therefore, the majority of this immediately adjacent area to the subject property is fully compatible with this rezoning request. (d) From a neighborhood design perspective, by allowing this rezone request, it will further expand the design buffer of the currently zoned MF -2 area that comprises the northeast quadrant of NE 42nd Street and Pine Mill Road, thereby enlarging and reinforcing this area as a logical multiple — family neighborhood. STAFF CONSIDERATIONS AND RECOMMENDATION: Based on the benefits and reasons stated, the Paris city staff recommended that the Planning and Zoning Commission recommend to the City Council approval of Option 2 as discussed above; at the June 6, 2016 Commission meeting, the Commission voted unanimously to recommend said Option 2 to the City Council. Therefore, both the city staff and the Planning and Zoning Commission support the applicants request for this zoning change. 3 RECOMMENDATION: The City Council approve a change in zoning from and Agricultural District (A) to a Multiple — Family Dwelling District -2 (MF -2) on Tract -63, A 208 E Crow Survey, being located at 4310 Pine Mill Road. 4 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 TRACT -63, A 208 E CROW SURVEY, BEING LOCATED AT 4310 PINE MILL ROAD, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM AN AGRICULTURAL DISTRICT (A) TO A MULTIPLE - FAMILY DWELLING DISTRICT NO.2 (MF- 2), 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 Tract -63, A 208 E Crow Survey, being located at 4310 Pine Mill Road, in the City of Paris, Lamar County, Texas, from an Agricultural District (A) to a Multiple- Family Dwelling District -2 (MF -2); and WHEREAS, on June 6, 2016, 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 June 13, 2016, 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 Tract -63, A 208 E Crow Survey, being located at 4310 Pine Mill Road, in the City of Paris, Lamar County, Texas, from an Agricultural District (A) to a Multiple - Family Dwelling District -2 (MF -2). 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 this the 13th day of June, 2016, by the City Council of the City of Paris in regular session, following notice and publication as required by law. A.J. Hashmi, M.D., Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. 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