12 - Zoning Change Request - 741 S.E. 23rd StreetItem No. 12
memorandum
TO: Mayor & Council
FROM: John Godwin, City Manager
SUBJECT: ZONING CHANGE, 74123`d SE
DATE: August 7, 2018
BACKGROUND: Mike Davidson and Kenny Dority have applied for a zoning change on a
0.219 acre lot at 741 23`d SE. The purpose of this request is to change the zoning from SF -1
Residential to MF -1 in order to build a single quadplex. The property is currently vacant; a
previous single family home was destroyed by fire. A lot between the subject property and
Clarksville is occupied by a large unused concrete pad, where a restaurant once stood.
STATUS OF ISSUE: A majority of the area is single family and all immediately contiguous
properties are zoned single family. However, a large area across 23`d is zoned General Retail
(though still occupied by two houses), and two properties diagonally southeast are zoned multi-
family. The future land use plan calls for the subject lot to become General Retail.
This is not a case in which we would normally recommend approval. MF -1 actually allows the
construction of an apartment building, and regardless of this owner's plans, such a project could
later be undertaken without a further zoning change. In addition, the land use plan does not
include any medium or high density residential uses in this area. Even so, an apartment complex
is not practical on such a small lot, a duplex or quadplex is actually a good buffer between single
family and general retail (and probably should have been included in the future land use plan),
and because of the two vacant lots here that reach to a heavily travelled Clarksville, a new single
family structure is probably not likely. Therefore, we agree with the zoning request.
On August 6 the planning and zoning commission recommended approval by a 7-0 vote. The
owner spoke in favor; one citizen spoke neither for nor against, but emphasized the need for a
drainage plan concurrent with construction.
RECOMMENDATION: Approve zoning change from SF -1 Residential to MF -1 Residential.
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 28 & PT 27,
CITY BLOCK 2, 0.2190 ACRES, IN THE STELLROSE ADDITION, BEING
LOCATED AT 741 SE 23RD STREET, IN THE CITY OF PARIS, LAMAR
COUNTY, TEXAS, FROM A ONE -FAMILY DWELLING DISTRICT (SF -2) TO
A MULTIPLE -FAMILY DWELLING DISTRICT (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 Lot 28 & PT 27, City
Block 2, 0.2190 acres in the Stellrose Addition, being located at 741 SE 23rd Street, in the
City of Paris, Lamar County, Texas, from a One -Family Dwelling District (SF -2) to a
Multiple -Family Dwelling District (MF -1); and,
WHEREAS, on August 6, 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 approve the requested zoning; and,
WHEREAS, on August 27, 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 Lot 28 & PT 27, City Block 2, 0.2190 acres in the Stellrose Addition, being located
at 741 SE 23rd Street, in the City of Paris, Lamar County, Texas, from a One -Family Dwelling
District (SF -2) to a 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 27th day of August, 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
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney