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15&16 - Zoning Change Request - Michael Hall - City Block 154 Block A Lot 3 801 W. Washington Street and City Block 154 Block A Lot 2 South Side W. Washington StreetItem Nos. 15 & 16 TO: Mayor & City Council FROM: Carla Easton, P.E., Community Development Director SUBJECT: ZONING CHANGE, HALL ADDITION LOTS 2 AND 3 DATE: September 5, 2019 BACKGROUND: Michael Hall owns approximately 27 acres along W Washington and 6th St SE that is made up of three separate parcels. His home is located on a 6 acre parcel that was re -zoned Single Family Dwelling District 3 (SF -3) with an SUP for mobile home in 2015. At that time, he did not request a zoning change to all 27 acres. Mr. Hall is now requesting a change in zoning on the two parcels adjacent to his 6 acres homestead as described below. It is my understanding that this request is not to serve any new development or land use, but rather an issue with his ability to sell the land. Zoning Chane Request 1Parcel ID ,16475: Change in zoning for a 6.435 acres located on W Washington from Commercial (C) to Multi -Family Dwelling District 1 (MF -1). The subject property is a vacant lot where a grocery store once existed. More than half of the property is designated as FEMA floodplain, and it is directly across the street from the George Wright Homes apartments. Existing zoning in the area is MF -1, and Light Industrial (LI). Zomng Change Request 2, Parcel ID 108: Change in zoning for 13.9 acres located along 6th St SE from Light Industrial (LI) to Two Family Dwelling (2F). The property is directly across the street from a residential neighborhood of primarily single family homes, however the existing zoning east of 6th St SE is 2F. STATUS OF ISSUE: The comprehensive plan calls for the southwest quadrant of this intersection to be light industrial use (LI), with high density residential (HDR) along the north side of W Washington and low density residential (LDR) east of 6th St SE and north of Parr Avenue. The intent with LI land use is to allow for industrial development along the railroad. The properties are significantly encumbered by floodplain and utility easements, and while an industrial use could be developed in the area, it seems impractical that it would happen any time soon. In any case, a zoning change would be required for the existing residential lot in order for industrial to move forward. We rarely want to go outside the future land use plan, but considering the adjacent lot was already rezoned to residential, allowing a single family home to be built in this area, and also considering that adjacent land uses suggest that a medium to high density residential use would be compatible and appropriate in the area, we are not opposed to the request to change zoning on these two lots. That said, it is not the city's responsibility to change zoning solely for the purpose of a property sell. This decision should be made based on what is the best interest of the city. The planning and zoning commission conducted a public hearing at its regular meeting of September 5 to address this requests. A realtor spoke in favor on behalf of the owner, one person spoke against. The commission voted 5-0 to recommend approval of this zoning change. RECOMMENDATION: Approve of zoning changes as requested, from C to MF -I and from LI to 2F. 801 W Washington (LCAD 16475) -Subject Property September 3, 2019 1:2,257 ° Paris, TX 2 Mile E.T.J. - 2018 °' Addressing In Progress - 2018 0 0.02 0.'1 0.09 m1 Municipal Boundary Data for Pads, Texas ArkTex 9-1-1 Roads 0 0.04 0.07 0.14 km L.C.A.D. 2017-18 ROLL Parcels ­ City or County Roadway ®CpenStreetMap (and) oonftutom, CC-WSA 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 HALL ADDITION CB 154, BLOCK A, LOT 3, LOCATED AT 801 W. WASHINGTON STREET, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A COMMERCIAL DISTRICT (C) TO A MULTI -FAMILY DWELLING DISTRICT (MF1) 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 Hall Addition CB 154, Block A, Lot 3, being located at 801 W. Washington in the City of Paris, Lamar County, Texas, from a Commercial District (C) to a Multi -Family Dwelling District (MF1); and, WHEREAS, on September 5, 2019, 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 September 23, 2019, 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 Hall Addition CB 154, Block A, Lot 3, being located at 801 W. Washington in the City of Paris, Lamar County, Texas, from a Commercial District (C) to a Multi -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 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 S. This ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED on this 23rd day of September, 2019, 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 So Side of W Washington (MCAD 22108)- Subject Property August 30, 2019 1:4,514 ... o ,.. Paris, TX 2 Mile E.T.J. - 2018 ArkTex 9-1-1 Roads 0 0.04 0.09 0.18 mi Municipal Boundary Data for Paris, Texas City or County Roadway 0 0.07 0.15 0.9 km L.C.AState Roadway D. 2017-18 ROLL Parcels ®opanstreatuap lapel comecurors, ccsrsA Other r Addressing In Progress- 2018 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 HALL ADDITION CB 154, BLOCK A, LOT 2, LOCATED AT SOUTH SIDE W. WASHINGTON STREET, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A LIGHT INDUSTRIAL DISTRICT (LI) TO A TWO-FAMILY DWELLING DISTRICT (217), 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 Hall Addition CB 154 Block A, Lot 2, being located at South Side W. Washington in the City of Paris, Lamar County, Texas, from a Light Industrial (LI) to a Two -Family Dwelling District (217) in the Hall Addition CB 154; and, WHEREAS, on September 5, 2019, 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 September 23, 2019, 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 Hall Addition CB 154, Block A, Lot 2, being located at South Side W. Washington in the City of Paris, Lamar County, Texas, from a Light Industrial (LI) to a Two -Family Dwelling District (217). 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 23rd day of September, 2019, 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