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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. K ui Mk z CD I rrej O stir uj z o 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