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15 - Zoning Change Two-Family to Multiple Family - petition of Mike Davidson & Kenneht Dority - Block 112-B Lots 8 & 9 - 600 Block of S.E. 12th StreetItem No. 15 memorandum TO: Planning & Zoning Commission FROM: Carla Easton, P.E., Community Development Director SUBJECT: ZONING CHANGE, 603 12t' STREET SE DATE: October 1, 2019 BACKGROUND: Mike Davidson and Kenny Dority are asking for a change in zoning from 2F Residential (duplex) to MF -1 (multi -family up to 3 stories) on two adjacent lots located in the 600 block of 12th Street Southeast. The subject properties are vacant and are located on the east side of 12th St SE. Each lot is approximately 130' x 330', for approximately 1.9 acres total. All properties in the surrounding area are zoned 2F, however the majority are single family homes. Mr. Dority is proposing to build a number of duplexes on the site as a managed lease property. STATUS OF ISSUE: The future land use plan calls for the site to be low-density residential. There are no multi -family units in the vicinity, however the property backs to a federal housing development having multiple single-family homes on the property. Mr. Davidson and Mr. Dority seek this zoning change in order to construct multiple units without having to subdivide the property, which would require them to construct a public water line, sanitary sewer, and public street through the property. This zoning change would allow the development to proceed as a privately owned property. Based on the overall neighboring properties and the proposed use, we believe this zoning change is inconsistent with the land use plan, and is not appropriate with the surrounding uses. That said, the construction of duplexes would be allowed by current zoning and could fit within the neighborhood. The applicants have indicated their plan is to construct multiple duplex units, however a change to MF -1 would allow an apartment complex with up to three stories. Staff would support the construction of duplexes but not anything larger. Because of this, staff recommends denial of the change. RECOMMENDATION: Deny a zoning change from 2F Residential to MF -1. Zoning Change.�- 600 Block of SE 12,thStireet FUTURE LAND USE PLAN Two -Family (2F) Low Density Residential (LDR) 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 CITY BLOCK 112- B, LOTS 8 AND 9, LOCATED AT 603 S.E. 12TH STREET, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A TWO-FAMILY DWELLING DISTRICT (217) TO A MULTIPLE -FAMILY DWELLING DISTRICT NO. 1 (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 City Block 112-B, Lots 8 and 9, located at 603 S.E. 121h Street, in the City of Paris, Lamar County, Texas, from a Two - Family Dwelling District (2F) to a Multiple -Family Dwelling District (MF -1); and, WHEREAS, on October 7, 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 deny the requested zoning; thereby requiring a three-quarter (3/4) majority vote of the City Council to approve the rezoning of the property; WHEREAS, on October 28, 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 City Block 112-B, Lots 8 and 9, located at 603 S.E. 12th Street, in the City of Paris, Lamar County, Texas, from a Two -Family Dwelling District (2F) 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 28 day of October, 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