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18-Zoning Change-1240 N.E. 20th StreetItem No. 18 memorandum TO: Mayor & City Council John Godwin, City Manager FROM: Alan Efrussy, AICP, Planning Manager SUBJECT: ZONING CHANGE FROM A SINGLE — FAMILY DWELLING DISTRICT NO.2 (SF -2) TO A MULTI — FAMILY DWELLING DISTRICT NO.2 (MF -2) AT 1240 N.E. 20TH STREET. DATE: November 8, 2016 BACKGROUND: This application is for a public hearing to consider a change in zoning from SF -2 to MF -2. This property is comprised of 12 acres and there is approximately 0.5 acres of floodplain on its east side. A written protest against the rezoning has been received from the owners of in excess of twenty percent of the property within 200 feet of the proposed tract to be rezoned; this requires a three - quarter majority vote of the City Council to approve the rezoning. At the November 7, 2016 public hearing ten people spoke in favor of this rezoning request, and six people spoke in opposition to this request. The commission voted 4 -1 in favor of recommending approval to the city council. STATUS OF ISSUE: The city staff has determined the following basic findings: (I) This subject property is vacant and is characterized as a heavily wooded area; the applicant is proposing to establish duplex or apartment uses on this property. N.E. 20th Street is designated as a Collector Roadway. North of this property (F.M. 195 N.E. 201h St.) is designated as an Arterial Roadway. To the northwest of the property, M.L. King Drive is designated as a Collector Roadway. The Existing Parks and Open Space Map indicates that this subject property lies within the Wade Park Neighborhood Parks '/2 mile Service Radius. The Trail and Sidewalk Map does not impact this property. The Future Parks and Open Spaces Plan Map designates Wade Park as a Renovated Park. (II) The Future Land Use Plan (FLUP) within the Comprehensive Plan: The Future Land Use Plan recommends Low — Density Residential (LDR) land use for this subject property as well as the surrounding neighborhood and area. The Comprehensive Plan states that the LDR use "... is representative of traditional, single — family detached dwelling units." (III) Additional Considerations Regarding the Staff Recommendation: A. The city engineer has stated the following: (i) Per the Paris Subdivision Regulations, the TXDOT right —of —way is an adequate width on 20th Street, and therefore no dedication of ROW is required; and (ii) A 5' utility easement is required along 201h Street. (IV) Given the positive elements in both positions, the staff is recommending that the City Council consider two options regarding this project; the staff and other Paris citizens and business representatives recognize that there is a current need for more single — family as well as multi — family units in Paris. Option A. (1) The staff recommended to the Planning and Zoning Commission that this rezoning request be denied based mainly on the following 3 factors: (i) The existing land use in the subject neighborhood and surrounding area is essentially characterized by single— family detached dwelling units; and (ii) The existing zoning is Single — Family Dwelling District No.2 (SF -2); and (iii) The Future Land Use Plan Map recommends that this subject property, and its supportive neighborhood and generally surrounding area, be developed in Low — Density Residential (LDR) land use, which is represented by traditional, single— family detached dwelling units. (2) At the above public hearing, the commissioner who recommended against this MF -2 zoning stated that he believed Paris needs multiple— family uses; however, he also stated that the expectations of the residents in this subject area is the belief that the area would remain stable with the existing single — family zoning. (3) The citizen's petition is correct to be concerned that MF -2 provides the legal right to construct to 20 stories; that height is incompatible with the low— density single— family character of the surrounding environs. Option B. Approve the requested multi — family uses. (1) The applicant's representative, Mr. Chad Stephens presented his list of positive elements regarding this rezoning request at the November 7th commission meeting, and staff in large measure agrees with these elements, but have comments on several, as follows. (2) Creates park like setting; natural and man-made greenbelt, beautifies the neighborhood, screening process to ensure good neighbors. Comment: These would all be positive amenities for this project. However, they cannot be enforced; if the applicant wishes to only respond to basic MF zoning requirements, that would be legal. The only way to legally enforce these design elements is through the Planned Development (PD) District which requires a mandatory site 2 plan; the approved design of the multi — family buildings could also be required of the site plan submittal. There is no site plan requirement for MF -2 zoning approval. (3) Comment: Stating that homes are renter occupied is irrelevant to zoning decisions; land use compatibility is the major criteria. (4) Utilize property at highest and best use. Comment: This is an appraisal concept that determines the use of a particular property likely to provide the greatest net return in the foreseeable future. The term highest and best use has small validity in planning or zoning projects. Its major application is a comparison between different uses to determine which is more profitable. (5) Single — family not feasible. Comment: This is a questionable opinion; additional evaluation could include a market study, comparables, are other real estate appraiser opinions. (6) Commercial properties in area. Comment: Commercial is essentially along the NE Loop 286 corridor, which is where such uses should be located. (7) Numerous properties are zoned MF. Comment: Most are concentrated along the E. Cherry Street thoroughfare; this proposed MF development would be located nearly in the center of, and surrounded by, essentially single — family land uses and zoning. (8) Comments in petition from opposing citizens. Comment: The comments concerning street curve, traffic, engineering, roadways, flood plain, and drainage are addressed by staff regarding any proposed land use; and additional people are a component of any new land uses. The Comprehensive Land Use Plan recommends this property for Low — Density Residential and not Moderate — Density Residential as the residents have stated. RECOMMENDATION: Consider the two options, or provide additional option(s), and take action regarding a zoning change from a Single — Family Dwelling District No.2 (SF -2) to a Multi — Family Dwelling District No.2 (MF -2) on City Block 262, Lots 8A and 12, located at 1240 N.E. 20th Street. I I A• I 400 d � �<,,'w ti 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 8A AND 12, CITY BLOCK 262, BEING LOCATED AT 1240 N.E. 20TH STREET, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A SINGLE - FAMILY DWELLING DISTRICT (SF -2) TO A MULTI - FAMILY DWELLING DISTRICT (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 Lots 8A and 12, City Block 262, being located at 1240 N.E. 20th Street, in the City of Paris, Lamar County, Texas, from a Single- Family Dwelling District (SF -2) to a Multi - Family Dwelling District (MF -2); and WHEREAS, on November 7, 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, a written protest against the proposed rezoning of this property has been filed with the City Clerk from the owners of in excess of twenty percent (20 %) of the property within 200 feet of the boundary lines of the proposed tract to be rezoned, thereby requiring a three - quarter (3/4) majority vote of the City Council to approve the rezoning of the property; and, WHEREAS, on December 12, 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 Lots 8A and 12, City Block 262, being located at 1240 N.W. 201h Street, in the City of Paris, Lamar County, Texas, from a Single - Family Dwelling District (SF -2) to a Multi - Family Dwelling District (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. Section 8. This ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED on this 12th day of December, 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. Harris, City Attorney PETITION We the undersigned, being property owners, within 200 ft of the proposed petition of .ferry and Lynda Stephens, who are asking for a change in zoning from Single - Family Dwelling district No. 2 (SF -2) to a Multi - Family Dwelling District No. 2 (MF -2) on City Block 262, Lots 12 & 8A & being located at 1240 NE 20th Street so they can sell it. We ask the Planning and Zoning Committee, and City Council to DENY the proposed zoning change to Multiple Family Dwelling and DENY the building of this development. Points to consider are: go. On us as home owners. 4. We do not know who would build or what plans they have. This would put more people in the proposed area, than now exists in the 200 ft surrounding area. Our forefathers were wise when the "Comprehensive land Use Plan" recommended this property be zoned Moderate Density Residential ". I was told by the city, that Multi -Famiy Dwellings could be from 2 to 20 Stories high. 5-Drainage problems Dom. Signature, address & contact info Catherine Alexander 1095 NE 22 "d Michael R Dangerfield / 1125 NE 22nd / 905 NE 18th LaWanda Gomez � -ln — /-,. .0 V;, -- 1130 NE 22nd 1425 f Timothy D Wright T ��-� 11�4d7' ,7 SiS QR /� vy 1145 NE 22 "d 2515 Briarwood P,4Aes 'TR '75f4p JJ Jasper Enterprises LLC 1150 NE 22 "d Group Home - Handicapped Kenneth D Harris -- -Kevin 214 417 2186 Keith Harris 1165 NE 22nd (Monroe Hardin) Ann Hardin 1185 NE 22nd Saundra P Hill 1235 NE 22nd Virginia Kay Allen 1240 22nd NE LZI 4'6 if OOR /x35NE.a2 7 P4 _ CZ /46' a3 y�,s �3s 4?03 74; -7sy3 '2-X �3�- qv�-s Stephen & Cyndee Thoms 1255 NE 22 "d Mary Francisco an 1 NE 22nd 0 tg-nld .a/.0 Rita Case Norris -K� f ) 1270 NE 22- 409 CR 33850 Al 0 cl CK "0 0 0 q D,3 Yap 4 Rock Rader Prop %.,� '72 7/�I 1275 NE 22 nd /57 T Jeff D and Cindy B Chappell 1290 22 nd Colleen A Scamp fc?oS N E Ord S 7- -?-OS3b J( 7;-�O 1295 NE 22nd &03) &&L Deborah Martin Chambers % Constance H Robinson 1325 NE 22nd rc? e'—I) Sherrillyn Thomas 1330 NE 22nd David Washington ti Teresa Washington 1345 22nd NE /34_G57 .,7 C( Patricia Bell Sparks 1355 NE 22 nd-- 2220 Lamar 985 NE 22nd Edna Ruth Johnson '-'Jl N 122nd 5 L, C-00 Cc, 6;�e� /33 <fI � J - /V(f' (W, 3 79 ;G3- S-17 3 Signature, Address & Contact Info Mickey H Rose &Norene Rose 2215 Briarwood Angela Bean Kennedy 2220 Briarwood % Betty Kennedy. / -2 4o ��-�� 4) Gifford Rev. Living Trust � �_ U �1j P 7TVFF qn3 -9V V 'd� Cherry ST. Martin 1035 NE 22nd Kelly J Crawford & Mark Addy 1055 NE 22nd DSO CR 36500 Tommy W Lewis 1060 NE 22nd' �JQ � 865 Oak Creek DR Alliance Realty �•,� �� �� 1075 NE 22nd - - -FCI Lender Services 8180 East Kaiser, Anaheim Hills CA r- Grade & Ronnie Johnson 108022 nd NE Ronnie Lee Johnson 1090 22nd NE Signature, address & contact info I Crawford & Mark Addy 960 20 NE 750 CR 36500 Arthur City Silvas Arturo & Adess 4,�, 940 NE 20t" 920 NE 201h�� I 1 Ct r!i � Z �V i\Ol l boy, G� 4920 Trails End — 9�� 2 130 David G Harris 1380 NE 20th / �:7 Jason Petty 1365 NE 201h s' �? Norma Gibson! _7 �5 1360 NE 201h 9 .3-- Phillip M Carter ` 1353NE20th 105119thsE Gary & Linda Weatheread 1345 NE 201h G / PK L _ C�-- /oSI cot ►"si S< L?03- z-7z -7 ?13 Signature, address & contact info Wanda Lachevetc�,�► - 1140 NE 20th 9'o Mavis Long 9 03 -�W -I Jim and Wanda Montgomery // ? I,- V--1135 NE 201h Joyce M Freeman 1120 NE 20th / /(2211 E Polk ST) Mark & Priscilla Taylor 1095 NE 201h J Toni L Norman 1040 NE 20th 2W E Polk St 75- 3V Af G• Y-. Shelly Morrison 1020 NE 20th (885 FM 194) AIL � AV- pogj TY �7 °,Y'/,2- Signature, Address, and contact info. Simpson Street LLC TLL 1000 NE 20th 1015 NE 20th 314 Scenic Dr., Unit B, Austin TX Cecil Ballard Jr. 1130 NE 201h Sean M & Kristin C Richardson 1310 NE 20th John H Tharp 1320 NE 20th %Weldon Siaton 4920 Trails INN t3�v AJ� av-- MLK Church of Christ 1950 Martin Luther King Jr. Dr. First Christian Church 780 NE 201h Signature, Address & Contact info Morgan Dudley Jr. & Linda 1340 20th NE ^ / Walnut Creek-Business Park INC 1335 NE 20' ��7 -R) 7a 3110 Stacy Lane Deleon Gregorio & Silva -- 1� ` 0 1330 NE 20th ©� , � ~ it 1 l (.� G .� . 1 C�(lz D, T �1�--( Bango Holdings 1280 NE 20th 230 PR 43375 Bango Holdings 1270 NE 20111 G 230 PR 43375 ,,Bango Holdings 1266 NE 201h J 230 PR 43375 Bango Holdings 1260 NE 20th 230 PR 43375 Jerry Bob Stephens & Linda F 1240 N E 201h 1160 NE 20th. 1060 NE 20th Toncerned 61 - Name, Address, Contact Info 10 tZ'o . )�, � I vF- 103 - a -i i - L"30-7 1 .J 09 r ,�Q G AT & U -2-_ cj o3 -7 LS -W Ss- Concerned Citizens Name, Address, Contact Info & (3�0 'GC ���23�335 -3U -0 fl 1300 Ai .20T8 v W -4NVFR of IJOP�M4 85oN � 4L S v m w'2 u' qd3 -- L-Nl( -) *(" -,64f' v Uv- r > Tx Itil rr �J c Ke J Sa�J q'JS 6, Pv'v, r {� -I T,< )S-q 73 -- ---- -- ------------------------------------------------ ------------------------------ --------------------------------- ,;,/r/ p ru' e- 40 �I/ t r zi p r✓ i� i ,� r f1 CIS- �; 5 -7 Concerned Citizens /.2 07s 7-7- i!E. y�.? - ro, - v 7,-� 7 Name, Address, Contact Info 9W-1lb -e.'' ta3) 3-64t-o PE Pw q�3 73�L- 877P ell Concerned Citizens Name, Address, Contact Info q0? 75 0 1 1275 Pik 2 -7Z —72(Y'Z �G //4 fle,te, e- eeCj1 /-". C) f� J(O - pZ Concerned Citizens Name, Address, Contact Info 9T.� , vyF'r- __. _ —7 Din /� — Q 7 Concerned Citizens .Jay i1 e 4n d e v S6 i7 - odul .2-3 5 /'�� �f (��, L, v We VO Z3 vi~iQlI2wood DL r�. Name, Address, Contact Into ------------ - - - - -- ------------------------ - - - - --r ----------------------------------------------------------------------------- o 5 5 YC; f '; 0�— Cl05 -'Mb // ys P'4 P-0 :To 3- 7f- X63- /V 61 P v�� -rx 75- A16 Ashley Fendley Fendley From: Wanda MommaJean <wandamommajean @gmail.com> Sent: Wednesday, November 02, 2016 3:58 PM To: Ashley Fendley Subject: For hearing's Planning & Zoning & the City Council due to unable to attend Follow Up Flag: Follow up Flag Status: Flagged Due to health we are unable to be at this meeting. I Wanda LaChevet & Mavis Long taxpayer's, property owners of 1140 NE 20th Street, Paris,Tx. 75460, within 200 ft of Jerry and Lynda Stephens property who are asking for a change in zoning from Single - Family Dwelling District No.2(SF -2) to a Multi- Family Dwelling DIstrict No. 2(MF -2)on City Block 262, Lots 12 & 8A & being located at 1260 NE 20th street so they can sell it. We ask the Planning and Zoning Committee, and City Council to DENY the proposed zoning change to Multiple Family Dwelling and DENY the building of this development. Points to consider are: 1. SAFETY on most dangerous curve in Paris. 2. HEAVY TRAFFIC on 195 (20th street) school bus safty, safety of our police & firemen. 3. FLOOD ZONE some of area and where will water go. 4. We do not want apartments building close to our home due to a huge safety issue. This would put more people in the proposed area, than now exists in the 200 ft surrounding area. Our forefathers were wise when the "Comprehensive Land Use Plan" recommended this property be zoned Moderate Density Residential ". I was told that Multi - Family Dwelling could be from 2 to 20 Stories high. Thank you Wanda LaChevet 903 - 332 -1227 Mavis Long