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08 - 3275 CLARKSVILLE STREET ZONING CHANGE FROM SF-2 TO MF-2Item No. 8 memorandum TO: Mayor & Council John Godwin, City Manager FROM: Alan Efrussy, Planning Manager SUBJECT: CHANGE FROM SINGLE - FAMILY (SF -2) TO MULTI - FAMILY (MF -2) AT 3275 CLARKSVILLE STREET DATE: June 6, 2017 BACKGROUND: This request is to conduct a public hearing and take action regarding the petition of Richard Bland for a change in zoning from a Single - Family Dwelling District No. 2 (SF -2) to a Multi - Family Dwelling District (MF -2), on City Block 295, Lot 1 -A, being located at 3275 Clarksville Street. This subject property is comprised of 0.2890 acres. The Planning & Zoning Commission unanimously approved this request at its regular June 5 meeting. STATUS OF ISSUE: The city staff has determined the following: (A) Existing land use: This subject property is currently vacant. (B) Proposed Land use: The applicant wishes to establish multi - family units. (C) Master Park, Recreation, and Open Space Plan: This property is within the two -mile radius of a community park; however, it is not impacted by this plan. (D) The Future Land Use Plan within the Comprehensive Plan: The FLUP recommends high - density residential (HDR) for this subject property; that use is consistent with the applicant's request. HDR represents multi - family /apartment use. (E) Additional Staff Comments: The city engineer has stated there is no floodplain on this subject property, and that there are no manmade and /or other natural environmental constraints. She also stated that no other thoroughfare ROW is required, since this is a TXDOT ROW. The city engineer and the public works director stated that a 10' (ten foot) utility easement will be needed along the property frontage. The fire marshal and the city engineer both further stated that since this lot is 90' x 150' that the applicant especially consider the requirements for building setbacks, parking, drainage, etc. to ensure that this lot is conducive to the applicant's development. The fire marshal stated that the apartments built to the west of this subject property are built on the property line and are two stories facing the subject property. Therefore, a building developed on this subject lot will have to be a minimum of 15' (fifteen feet) from the western property boundary if there are no windows on that side of the developed building. (F) Staff Comments Regarding this Recommendation: The city staff supports this rezoning request for the following reasons: (a) This proposed land use is consistent with the FLUP; (b) This property would be developed as MF -2 and would be compatible to the HDR FLUP recommendation for property adjacent and to the west of other properties also recommended to develop as HDR; (c) Paris citizens and officials have recognized the need for additional single - family and multi - family dwelling units; and (d) Property directly west and adjacent to this property is presently zoned Multiple - Family Dwelling District (MF -1), further emphasizing the compatibility of the subject property. RECOMMENDATION: Approve a change in zoning from Single family to Multi- Family No. 2 (MF -2), on City Block 295, Lot 1 -A, located at 3275 Clarksville Street. i e j'S t ,YR � A�� ,�,•y, t Mr � � t •1 .1 �J t i I smug 74 _JI 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 1 -A, CITY BLOCK 295, BEING LOCATED AT 3275 CLARKSVILLE STREET, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A SINGLE - FAMILY DWELLING DISTRICT NO. 2 (SF -2), TO A MULTI - 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 & Zoning Commission received a request for an amendment to the Zoning Ordinance of the City of Paris to rezone Lot 1 -A, on City Block 295, being located at 3275 Clarksville Street, in the City of Paris, Lamar County, Texas, from a Single - Family Dwelling District No. 2 (SF -2) to a Multi- Family Dwelling District No. 2 (MF -2); and, WHEREAS, on June 5, 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 June 12, 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 Comprehensive Future Land Use Plan of the City of Paris, 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 6 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 1 -A, on City Block 295, being located at 3275 Clarksville Street, in the City of Paris, Lamar County, Texas, from a Single- Family Dwelling District No. 2 (SF -2) to a Multi - Family Dwelling District No. 2 (MF -2). DRAFT 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 June, 2017, by the City Council of the City of Paris, in regular session, following notice and publication as required by law. Steven J. Clifford, M.D., Mayor ATTEST: Janice Ellis, City Clerk DRAFT APPROVED AS TO FORM: Stephanie H. Harris, City Attorney