16 - Zoning Change - Block 259, Lots 16, 21 and 33-! 650-26th N.E. - petition of Chris FitzgeraldItem No. 16
TO: Mayor & City Council
FROM: John Godwin, City Manager
SUBJECT: ZONING CHANGE, 650 26" NE
DATE: November 6, 2018
BACKGROUND: Chris Fitzgerald, doing business as 903 Development Co., LLC has applied for
a zoning change on three vacant lots at 650 26th NE. The purpose of this request is to change the
zoning from Single Family (SF -2) to Multiple Family (MF -1) in order to construct a quadplex
development on vacant land.
STATUS OF ISSUE: There are other duplex uses in this area, including a number immediately
contiguous to this site on the south. Other neighboring properties to the north and west are existing
single family homes. There are also church and storage uses. The future land use plan indicates
the southern half of this site should be medium density residential and the northern half low
density. The developer has also provided a preliminary drawing indicating a donation of right-of-
way on the southern side of the site for a future city street consistent with the recently adopted
future thoroughfare plan.
The planning and zoning commission considered this matter on November 5, and recommended
its denial by a 5-1 vote. The applicant spoke in favor of the request; eleven citizens spoke in
opposition
RECOMMENDATION: Deny a zoning change from SF -2 to MF -1.
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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 CITY BLOCK 259,
LOT 16, 21, 33-A, BEING LOCATED AT 650 26TH NE, IN THE CITY OF
PARIS, LAMAR COUNTY, TEXAS, FROM A ONE -FAMILY DWELLING
DISTRICT (SF2) TO A MULTIPLE -FAMILY DWELLING DISTRICT (M171),
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 City Block 259, Lot 16,
21, 33-A, being located at 650 261h NE, in the City of Paris, Lamar County, Texas, from a
One -Family Dwelling District (SF2) to a Multiple -Family Dwelling District (MF1); and,
WHEREAS, on November 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;
WHEREAS, on November 12, 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 City Block 259, Lot 16, 21, 33-A, being located at 650 26th NE, in the City of Paris,
Lamar County, Texas, from a One -Family Dwelling District (SF2) to a Multiple -Family
Dwelling District (MF1).
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 S. 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 November, 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