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23 - Zoning Change - 400 Block of 19th N.W. - New Beginnings Addition CB-242 Block A Lots 3 and 4 LCAD 126819 and 126820Item No. 23 TO: Mayor & City Council Grayson Path, City Manager FROM: Carla Easton, PE, Engineering & Community Development Director SUBJECT: ZONING CHANGE — 405 and 415 19TH STREET NW DATE: July 27, 2020 BACKGROUND: David Whitaker is requesting a change in zoning from Single Family Dwelling District 2 (SF -2) to Single Family Dwelling District 3 (SF -3) in order to build a 1200 square foot home on lots 3 and 4 of the New Beginnings Addition. The subject properties are located on the west side of 19th St NW across from Justiss Elementary. Properties in the area are zoned SF -2, with exception of the school which is zoned Public Lands and Institutions. The minimum square footage for all new structures in the SF -2 zoning district is 1500, where the minimum requirement in SF -3 is 1000, therefore a zoning change is needed for the proposed homes to be constructed at 1200 square feet. STATUS OF ISSUE: The comprehensive plan calls for all of this area to below density residential (LDR), and with the exception of the school, it is almost all single family use. Mr. Whitaker has built two homes of this proposed size on lots 1 and 2 of the same addition, but due to the change in the zoning ordinance, he now must have SF -3 zoning for this housing product. Therefore, because this change complies with the comprehensive plan, and the neighboring properties are of similar construction, we believe this zoning change is appropriate. The Planning & Zoning Commission voted to approve of this zoning change by a vote of 6-0 on July 6th. RECOMMENDATION: Approve of a zoning change from Single Family Dwelling District 2 (SF -2) to Single Family Dwelling District 3 (SF -3). 400 Block of 191h NW 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 BLOCK A, LOTS 3 AND 4, OF THE NEW BEGINNINGS ADDITION CB -242, AT 405 AND 415 19TH STREET NW, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A ONE FAMILY DWELLING DISTRICT NO. 2 (SF -2) TO A ONE -FAMILY DWELLING DISTRICT NO. 3 (SF -3); 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 Block A, Lots 3 and 4 of the New Beginnings Addition CB -242, located at 405 and 415 19th Street NW, in the City of Paris, Lamar County, Texas, from a one -family dwelling district No. 2 (SF -2) to a one -family dwelling district No. 3 (SF -3); and, WHEREAS, on July 6, 2020, 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 July 27, 2020, 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 Block A, Lots 3 and 4 of the New Beginnings Addition CB -242, located at 405 and 415 19th Street NW, in the City of Paris, Lamar County, Texas, from a one -family dwelling district No. 2 (SF -2) to a one -family dwelling district No. 3 (SF -3). 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 July, 2020, 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