19-Zoning Change-610 N.E. 25th StreetItem No. 19
memorandum
TO: Mayor & City Council
John Godwin, City Manager
FROM: Alan Efrussy, AICP, Planning Manager
SUBJECT: ZONING CHANGE FROM A SPLIT ZONING OF SINGLE — FAMILY
DWELLING DISTRICT AND MULTIPLE — FAMILY DWELLING DISTRICT TO A
SINGLE ZONING OF MULTIPLE — FAMILY DWELLING DISTRICT AT 610 N.E. 25TH
STREET.
DATE: December 6, 2016
BACKGROUND: This application is for a public hearing to consider the petition of Billie Joe
Gant for a change in zoning from a split zoning of Single — Family Dwelling District No. 2 (SF -2)
and Multiple — Family Dwelling District No. 1 (MF -1) to a single zoning of Multiple — Family
Dwelling District No. 1 (MF -1), on City Block 259, Lots 18 & 19, being located at 610 N.E. 25`"
Street. This subject property is comprised of 1.75 acres, and is not located within a floodplain.
At the December 5, 2016 Planning and Zoning Commission meeting, no person spoke either in
favor of or in opposition to this request. The Commission voted unanimously to recommend
approval of this zoning request to the City Council.
STATUS OF ISSUE: The city staff has determined the following:
Existing Land Use: The subject property is currently vacant, except for one existing single —
family residence home, which is currently occupied. Zoning Near the Subject Property The lot
immediately south and adjacent to this subject lot is also zoned MF -1. Further, a substantial area
to the southwest of the subject property is zoned MF -1. Proposed Land Use for the Subject
Property: The applicant is proposing to construct duplex, triplex, or quadplex residential
dwelling units. These are permitted residential units within the MF -1 Zoning District. It is to be
noted that this subject lot has two zoning classifications: SF -2 and MF -1. Standard zoning
practice does not recommend multiple zoning districts on a traditionally zoned lot. (The
exception is a Planned Development Zoning District which could appropriately accommodate
several different zoning classifications). Further, the applicant requires MF -1 since SF -2 will
not permit the uses he is requesting. The Future Land Use Plan (FLUP) within the
Comprehensive Plan: The Future Land Use Plan recommends Moderate Density Residential
(MDR) for this subject property. The FLUP states that MDR "... is representative of two — family
attached dwelling units, such as duplex units and townhomes." The applicant's proposed zoning,
therefore, is compatible with the Future Land Use Plan for this subject property. The Parks,
Recreation, and Open Space Master Plan: The Existing Parks and Open Space Plan Map
indicates that the subject property is located within the Wade Park, Neighborhood Park '/2 mile
service radius. The Trail and Sidewalk Map does not impact this subject property. The Future
Parks and Open Spaces Plan Map designates Wade Park as a Renovated Park. The Major
Thoroughfare Plan (MTP): The MTP indicates that N.E. 25th Street is a Collector Roadway, and
the subject property fronts on this thoroughfare. East Cherry Street is also indicated as a
Collector Roadway. From a land use locational perspective, it is appropriate to site Moderate
Density Residential uses at or near Collector Roadways.
Additional Considerations Regarding the Staff Recommendation: (1) The city staff that
comprises the Development Review Committee supports the applicant's request to rezone this
subject property. The property is adjacent to substantial land areas already zoned MF -1 and the
southern boundary of the property is directly adjacent to an existing MF -1 Zoning tract. The
Future Land Use Plan Map recommends Moderate Density Residential (MDR) adjacent to the
subject property in the following directions: north, northeast, east, south, southwest, and west.
(2) City Engineer Carla Easton, P.E., stated that no additional thoroughfare R.O.W. is needed
off of N.E. 25th Street: the 50' R.O.W. is adequate; no additional utility R.O.W. is required
either. Jerry McDaniel, the Public Works Director, stated that he supports the city engineer's
comment that no additional utility R.O.W. is needed, since sewer and water utilities are located
within 25th Street. There are no known environmental constraints to this project. Clyde Crews,
the Fire Marshal, has stated he has no issues with the proposed use or the zoning change.
However, Mr. Crews has issues regarding the actual development (should this rezoning request
be approved) concerning fire department accessibility, pertaining to the size and particularly the
depth of the lot; this concern has been conveyed to the applicant so that it may be addressed in a
timely manner.
RECOMMENDATION: The City Council approve a change in zoning from a split zoning of
Single — Family Dwelling District No. 2 (SF -2) and Multiple — Family Dwelling District No. 1
(MF -1) to a single zoning of Multiple — Family Dwelling District No. 1 (MF -1), on City Block
259, Lots 18 & 19, being located at 610 N.E. 25th Street.
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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 LOTS 18 & 19,
CITY BLOCK 259, BEING LOCATED AT 610 N.E. 25TH STREET, IN THE
CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A SPLIT ZONING OF
SINGLE - FAMILY DWELLING DISTRICT NO. 2 (SF -2) AND MULTIPLE -
FAMILY DWELLING DISTRICT NO. 1 (MF -1), TO A SINGLE ZONING OF
MULTIPLE - FAMILY DWELLING DISTRICT NO. 1 (MF -1); 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 18 and 19, City
Block 259, being located at 610 N.E. 25th Street, in the City of Paris, Lamar County, Texas,
from a split zoning of Single - Family Dwelling District (SF -2) and Multiple- Family Dwelling
District (MF -1) to a single zoning of Multiple - Family Dwelling District (MF -1); and
WHEREAS, on December 5, 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 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 18 and 19, City Block 259, being located at 610 N.E. 25th Street, in the City of
Paris, Lamar County, Texas, from a split zoning of Single- Family Dwelling District (SF -2)
and Multiple- Family Dwelling District (MF -1) to a single zoning of Multiple- Family
Dwelling District (MF -1).
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