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13 - Site Plan Amendment - 4230 Primrose - Lots 3 and 4 Primrose II SubdivisionItem No. 13 hfffl�,W TO: Mayor & City Council Grayson Path, City Manager FROM: Carla Easton, PE, Engineering & Community Development Director SUBJECT: ZONING CHANGE / SITE PLAN MODIFICATION, 4230 PRIMROSE DATE: June 22, 2020 BACKGROUND: The Primrose Village subdivision located on 42nd SE was developed as a single family neighborhood with a zero -lot -line concept in the early 90's, allowing homes to be constructed on or very near to the lot lines. This is allowed under Planned Development zoning where a site plan is provided, which essentially provides the regulations for all future development. Deviations from the approved site plan are not allowed unless the site plan is formally revised in the same manner as a zoning change. All structures are to comply with building codes at time of permitting. STATUS OF ISSUE: Doreen Ruthhart has submitted a modified site plan on behalf of Ron Doe Homes for lots 3 and 4 of the Primrose II Subdivision, in order to build a more traditional style home with minimum building setbacks. This is in response to a requirement in the International Residential Code (IRC) to provide fire -rated walls where minimum building separation is not met. Under the current approved site plan from 1994, both side walls on a new home would need to be fire -rated, as they would be built on or near the lot line. The owner/builder is proposing to combine two lots in order to construct a home meeting the minimum requirements in the IRC without fire -rated walls. A modified site plan has been submitted for consideration by the commission. If approved, a home constructed in this way will not be visually consistent with the existing five homes on the street, so the expectation of neighboring property owners should be closely considered as part of the site plan approval. Notifications were mailed to all properties within 200 feet, and staff received several calls from concerned neighbors regarding this change. Two property owners from the neighborhood attended the Planning & Zoning meeting, and ultimately said they were not opposed to the site plan change so long as a single family home is built. The Planning & Zoning Commission voted 5-0 to recommend approval of this site plan revision for lots 3 and 4 under the existing Planned Development zoning district, with the same specifications for construction materials as set on the original site plan. RECOMMENDATION: Approve of the revised site plan for lots 3 and 4 of the Primrose 11 Subdivision in the existing Planned Development District. K ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS APPROVING AN AMENDED SITE PLAN FOR A PLANNED DEVELOPMENT DISTRICT - COMMUNITY UNIT DEVELOPMENT (PD -B), PREVIOUSLY ESTABLISHED THROUGH THE ADOPTION OF ZONING ORDINANCE NO. 94-030, FOR LOTS 3 AND 4 OF THE PRIMROSE II SUBDIVISION, BEING LOCATED IN THE 4200 BLOCK OF PRIMROSE LANE, PARIS, LAMAR COUNTY, TEXAS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 11, 1994 the City Council of the City of Paris, Texas, adopted Ordinance No. 2059, creating a Planned Development District -Community Unit Development (PD -b) on Lots 3 and 4 of the Primrose II Subdivision, located in the 4200 Block of Primrose Lane; and, WHEREAS, on April 24, 2020, Doreen Ruthart on behalf of Ron Doe Homes, submitted an amended site plan to the City Engineering and Planning Department for approval to construct a single family home on Lots 3 and 4 with traditional setbacks, differing from approved site plan; and, WHEREAS, on June 1, 2020, after notice and publication as required by law, the Planning and Zoning Commission held a public hearing to consider and act on the amended site plan for Lots 3 and 4 of the Primrose II Subdivision, being located in the 4200 Block of Primrose Lane; and, WHEREAS, following the public hearing, discussion and deliberations, the Planning and Zoning Commission voted 5-0 to approve the amended site plan with all building materials requirement to remain per the original site plan; and, WHEREAS, on June 22, 2020, after notice and publication as required by law, the City Council of the City of Paris held a public hearing to receive input from the citizens of the City of Paris regarding the proposed amended site plan for the Primrose II Subdivision, Lots 3 and 4 as set forth in Exhibit "A" attached hereto and incorporated herein by reference; and, WHEREAS, following the public hearing, consideration of the recommendation of the Planning and Zoning Commission and other discussions related to the amended site plan attached hereto as Exhibit "A", the City Council voted _ Ayes _ Nays to approve the amended site plan for the property. 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 amended site plan for Lots 3 and 4, of the Primrose II Subdivision, located in the 4200 block of Primrose Lane, Lamar County, Texas, as more particularly depicted in Exhibit "A" attached hereto and incorporated herein, be and is hereby approved. Section 3. 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 4. 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 5. 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 6. 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 7. That this ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED on this 22nd day of June, 2020. Steven J. Clifford, M.D., Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney Ell T 11"A ..... .. .... .. . ..... ... . . . ..... .... .. ..... ...... .... . flKl . ...... ... . ...... ... ........... Wj...... .......... ...... ... . . 40 76int, . .... . .. .... tA tR 41 J . ..... ... POPP ... ..... ..... . L-0 4 Co