16 - Zoning Change Request-5040 FM 195Item No. 16
TO: Mayor& City Council
John Godwin, City Manager
FROM: Alan Efirussy, AICP, City Planning Manager
SUBJECT: CHANGE IN ZONING FROM AGRICULTURAL TO MULTIPLE FAMILY
(MF -1) FOR DUPLEX, TRIPLEX, OR QUADRIPLEX DWELLING UNITS AT 5040
FARM ROAD 195,
DATE: February 13, 2018
BACKGROUND: This request is to conduct a public heating and take action regarding the
petition of Zachary Michael for a change in zoning from Agricultural (A) to a Multiple—Family
(MF--1)for duplex, triplex or quadriplex dwelling units, on A7 W Askins Survey, Tract 80 being
located at 5040 Farm Road 195. This subject property is comprised of 0.92 acres. At the
February 5, 2018 Planning and Zoning Commission meeting, nine individuals spoke in
opposition of the petition. Two individuals not present that are located within the 200' buffer
submitted a letter in opposition to the request. Two individuals spoke in favor of the petition. The
commission unanimously recommended denial of this rezoning request.
STATUS OF ISSUE: The city staff has determined the following:
A. Existing Land Use: The subject property is vacant with some tree cover and fronts on Farm,
Road 195. This property and its environs are surrounded in all directions by larger lot
single—family residential dwelling units. There is no, flood plain on this property and there
appears to be no other man—made and/or natural environmental constraints on the property.
B. Proposed Land Use: The applicant is requesting the development of duplex, triplex, and/or
quadriplex dwelling units on this property. The uses all require a multi—family zoning
district. The applicant intends to develop these residential units as rental properties.
C. Existing �Zonin& This property is zoned Agricultural (A) and is located within a corridor
along FM 195 both sides of which are also zoned Agricultural. Lamar County area is located
near this subject property andalso near this FM 195 zoned area.
D. Master Parks, Recreation and Open Space Master Plan: This subject property is not affected
ected
by the Parks Master Plan.
E. Major Thoroughfare Plan: FM 195 is indicated as an Arterial Roadway.
F. The Future Land Use Plan tFLUP) Within the Comprehensive Plan: The FLUP recommends
that this area be developed in Low -Density Residential (LDR) land use. This use is
characterized by single—family detached hornes. The subject environs that is zoned
Agricultural includes the same area that the FLU P recommends as, LDR.
G. City Staff Recommendation: This subject property is surrounded by single—family
residential homes and along the Farm Road 195 corridor in this subject property area, the
predominant land use includes single-4amily homes as well as single—family subdivisions.
There are no duplex or multi—family zoning districts in this area, and there are no duplex
units in this subject area. For this subject property, and along both sides of this FM 195
corridor, the Future Land Use Plan Map within the Comprehensive Plan recommends Low—
Density Residential land use. These factors indicate that the request for duplex, triplex, or
quadriplex dwelling units on this Subject property is incompatible with both the existing
single—family residential uses on this property and in the subject area, and also incompatible
with future land use recommendations. Therefore, because of these factors, the staff
recommends denial of this re --zoning request,
FOGININYXION".1
RECOMMENDATION: Deny this rezoning request from Agricultural (A) to Multiple—Family
(MF—I) at 5040 Farm Road 195.
K
rans—z—mlle—ETJ—July_�2016 — State Roadway 1:2,257
Municipal Boundary Data for Paris, Texas IPAddressing In Progress - JAN 2017 0 0.02 0.04 0.08 mi
LOAD 2017 ParraIs 0 0,0425 0.085 0,17 km
AtkT*x 911 Roads
City Or County Roadway ESO, HERE, DsLos,., Mar'"Ard*0 OWSIeMlMaP -nllbutors,
City or County Roadway WO the WS user eemffl�jty
S-Qrce: E.O. EMOMOMIO.,, GeOEYO, EmdholarGeoq,phi,
CNESIAlrbus DS, USDA, USGS, AOMGRgD. IGN, gmd the GIS U10,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING ZONING ORDINANCE NO. 171.0 OF THE CITY OF PARIS,
TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE A7 W ASKINS
SURVEY, TRACT BCI, BEING LOCATED AT 5040 FARM ROAD 195, IN THE
CITY OF PARIS, LAMCAR COUNTY, TEXAS, FROM AGRICULTURAL
DISTRICT (A) TO A MULTIPLE -FAMILY DISTRICT (MF -1); DIRECTING A
CHANGEACCORDINGLY 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 A7 W Askins Survey,
"Tract 80, being located at 5040 Farm Load 195, in the City of Paris, Lamar County, Texas,
from an Agricultural District (A) to a Multiple -Family District (MF -1); and,
WHEREAS, on February 5, 2018, 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 deny said proposed zoning change thereby
requiring a three-quarter (3/4) majority vote of the City Council to approve the rezoning of
the property; and
WHEREAS, on February 26, 2018, 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..
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 A7 W Askins Survey, Tract 80, being located at 5040 Farm load 195, in the City
of Paris, Lamar County, Texas, from an Agricultural District (A) to a. Multiple -Family
District (MF -1); and,
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 I. 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 B. This ordinance shall become effective from and after its passage and
publication as required by law.
PASSED AND, ADOPTED on this 26th day of February, 2018, 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
Stephanie H. Harris, City Attorney