17 - ZONING CHANGE FROM A SF-2 TO A MF-2 AT 1160 N.E. 20TH STREETItem No. 17
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 1160
N.E. 20TH STREET.
DATE: February 7, 2017
BACKGROUND: The Stephens intended to submit this subject property as part of their original
request to rezone a twelve (12) acre parcel that was approved by the City Council to be rezoned
from SF -2 to MF -2 on December 12, 2016. This subject property is adjacent to the original
twelve acre site. However, at the time of their original rezoning request, the Stephens
inadvertently forgot to submit the necessary paperwork for the rezoning request for this subject
property; therefore, this agenda item addresses this remaining property. At the February 6, 2017
public hearing one person spoke in favor of this rezoning request (it was Chad Stephens, who is
the son of the Stephens, and represented this case before the Commission and City Council), and
two people spoke in opposition to this request. The commission voted unanimously in favor of
recommending approval to the city council.
STATUS OF ISSUE: The city staff has determined the following:
Existing Land Use: This property is comprised of 0.2920 acres and fronts on N.E. 20th Street.
Land uses in the area include single — family homes, a church, and a golf course. Proposed Land
Use for the Subject Property: The applicant's intend to include this property as part of the
property that was rezoned in December, 2016 to MF -2, and the applicant's are proposing to
establish duplex or apartment uses on these combined properties. The Major Thoroughfare Plan
MTP : N.E. 201h Street is designated as a Collector Roadway. North of this property (F.M. 195
N.E. 20th St.) is designated as an Arterial Roadway. To the northwest of the property, M.L. King
Drive is designated as a Collector Roadway. The Parks Recreation and Open Spaces Master
Plan: The Existing Parks and Open Space Map indicates that this subject property lies within the
Wade Park Neighborhood Parks '/� 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 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
update of 2008 states that the LDR use "... is representative of traditional, single — family
detached dwelling units."
Additional Considerations Regarding the Staff Recommendation:
1. The city planning manager is recommending that this rezoning request be approved because:
(a) It is a logical linkage, and is adjacent to, the larger twelve (12) acres that was approved for
rezoning to MF -2 last December. Also, the applicant's intend to use this 0.2920 acreage in
conjunction with their proposed duplex or apartment development; (b) The Commission
recommended and the City Council approved the original twelve acre parcel, and this subject
acreage is a logical extension of the original parcel; (c) This 0.2920 acreage fronts on 201h St.,
and therefore will provide more frontage for this overall development; (d) This 0.29 acres
southern boundary abuts an existing Two — Family Dwelling Zoning District (2F), although a
single — family home exists on that property, and (e) Since this 0.29 acres is on the border of the
overall 12 acres, it can aid in achieving the following elements of the proposed development as
submitted in writing and as stated by Chad Stephens at the November, 2016 Commission
meeting as follows: creates park like setting; natural and man -made greenbelt, beautifies the
neighborhood, and screening process to insure good neighbors.
2. The city engineer has stated: (a) That regarding TXDOT right —of —way, it is adequate per the
Paris Subdivision Regulations, and therefore no dedication of ROW is required; (b) A utility
easement is required along 201h Street and will be determined at time of platting; and (c) There is
no flood plain on this subject property and there are no known man—made and/or other natural
environmental constraints on this property.
3. The fire marshal stated that he has no issue with this requested zoning change and its effect on
Fire Department response, explosions, or the life /safety issues of citizens. All of the fire
marshal's concerns can be addressed with proper construction design and planning.
4. The public works director has also stated that a utility easement is required along 20th Street.
RECOMMENDATION: Approve 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, Lot 11A,
being located at 1160 N.E. 20th 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 LOT 11A, CITY
BLOCK 262, BEING LOCATED AT 1160 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 Lot 11A, City Block 262,
being located at 1160 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 February 6, 2017, 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 February 13, 2017, 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 Lot 11A, City Block 262, being located at 1160 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).
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 13th day of February, 2017, 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