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18 - Zoning Change - 860 S. Collegiate StreetItem No. 18 TO: Mayor & City Council John Godwin, City Manager FROM: Alan Efrussy, AICP, City Planning Manager SUBJECT: ZONING CHANGE LOCATED AT 860 S. COLLEGIATE DRIVE DATE: December 5, 2017 BACKGROUND: This request has been noticed and published to take action regarding the Petition of Rick Casey for a change in zoning from a Two -Family Dwelling, District (2F) to a Multi—Farnily Dwelling District No. 2 (MF -2), on Lot 5,, Block A, Final Plat, Wynnwood Addition being located at 860 S. Collegiate Drive. This subject property is comprised of 0.5280 acres, At the December 4, 2017 commission meeting, no one spoke in opposition to this request, and the applicant and his wife spoke in favor. The commission unanimously recommended approval of this rezoning request. STATUS OF ISSUE: 1"'he staffhas determined the following: (A.) Typographical Error in Notice of Public ,,.Tearing: This item has been incorrectly noticed for a change in zoning from 2F to MF -2. This was a mistake made on the part of staff, the applicant has requested MF—I. This memorandum will therefore address the request for the MF- I Zoning District. (B) Basic Property Data: Existing Land Use: The property contains a duplex dwelling unit; existing single-family use is adjacent to the north; the surrounding neighborhoods are characterized by single—family houses; on the east side of Collegiate is an existing medical facility; the area on the north side of Clarksville is developed with a variety of retail uses. Existing, ZgniW Existing zoning of the property is 2F, surrounding area to, the south is zoned General Retail (GR), as is true along the Clarksville corridor. The majority of zoning to the north, is SF -2: One—Family Dwelling District. The Future Parks and Open Spaces Plan indicates that this subject property remains in the service radius of a Community Park. The Future Land Use Plan (FLUP) within the Comprehensive Plan: This plan indicates that the subject property, and the surrounding area be developed in the Low Density Residential (LDR) (single—family) category, and along Clarksville is recommended for Retail (R) land uses, (C) Staff Comments from the Re view Commi-ttec: The staff has indicated that street/thorough fare right—of-way (R.O.W.) is not needed; a 15' utility R,O,W, is required along Collegiate; almost all of the property lies, within the flood plain; and there are no known man— made and/or natural environmental constraints on this subject property. The fire marshal stated that now there are no fire, explosive, or other Fire Department issues related to this subject property. (D) The staff has recommended that this rezoning request be denied based on the following factors: 1. The residential land uses in the immediate area and surrounding environs are characterized by single-family dwelling units. 2. There is no multi—family zoning district within this subject area. 3. The existing zoning within the surrounding areas are indicated by SF- 2, which is a One—Family (Single -Family) Dwelling Zoning District. 4. The Future Land Use Plan within the Comprehensive Plan continues to recommend the surrounding residential areas as Low—Density Residential (LDR), including the subject property, which is identified as, single family residential dwelling units. 5. The existing 2F zoning on the subject property is a more compatible zoning buffer between the existing General Retail (GR) district adjacent to the subject property's southern boundary and the existing SF --2 zoning on the subjects northern boundary, than would be the requested MF—I Zoning District. 6. Approval of this rezoning request would represent the major components of spot zoning as follows: (1) a parcel of land is singled out for special and privileged treatment; (2) the singling out is not in the public interest but rather only for the benefit of the applicant/land owner; and (3) the action is not consistent with the comprehensive plan. 7. The structure that currently exists on the subject property is a viable and functioning duplex residential use; to construct a third residential unit within this existing duplex building would require an MF zoning district, and to approve a multi -family district for that purpose would subvert the purpose and intent of the multi family zoning classification. S. While perhaps not likely, the potential exists for the adjacent vacant land south of this subject property to be rezoned to Multi—Family if this subject rezoning is approved.. (E) Staff Opinion in Relation to The Decision of the Planning and Zoning Commission: The commission stated that approving this rezoning request would not interfere with the character or future development of the area. Nonetheless, the staff believes that by approving this rezoning it would be a clear spot zoning decision, and such spot zoning could have implications regarding future rezoning requests; the stafffurther advances the other reasons stated for denial. (F) In conclusion, staff regrets the mistaken public notice that indicates that this rezoning request is from 2F to MF -2, as opposed to the applicants request for MF -1. Again, the memorandum addresses an MF --I request, as explained in paragraph (A) of this item. 4 RECOMMENDATION: Deny this rezoning request froa 2F to an MF—1 district, located at 860 S. Collegiate Drive. [$0131110RAIEV[ll " � 1 {` � � � ' � � � i � � /• � 1. i � � � I I' Y 1 , Y } I■ M 1. M 1. 1. I IM l: ,11 1. 1 Y I � N 1 I! 1 F F WHEREAS, the Planning and Zoning Commission received a request for an amendment to the Zoning ordinance of the City of Paris to rezone Lot 5, Block A, Final Plat, Wynnwood Addition, being located at 860 South. Collegiate Drive, in the City of Paris, Lamar County, Texas, from a Two -Family Dwelling District (2F) to a Multi -Family Dwelling District No. 1 (MF -1]I; and, WHEREAS, on December 4, 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 December 11, 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 ayes and nays. THEREFORE, ,"►ORDAINED BY THE CITY COUNCIL, OF THE CITY 1 PARIS, 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 5, Block A, Final Plat, '' ynnwood Addition, being located at 868 South Collegiate, in the City of Paris, Lamar County, Texas, from a Two -Family Dwelling District (217) to a Multi -Family Dwelling District No. 1 (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 1111, day of December, 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 Janice Ellis, City Clerk Rul, 11 1 i Ii it Stephanie H, Harris, City Attorney