13 - Zoning Change Request for 2126 East PolkItem No. 13
TO: Mayor & City Council
FROM: Grayson Path, City Manager
SUBJECT: ZONING CHANGE — 2126 EAST POLK
DATE: October 26, 2020
BACKGROUND: Steven Asay is asking for a change in zoning from Single Family Dwelling
District 2 (SF -2) to Two Family Dwelling District (217) for his property located at 2126 East Polk
St. Mr. Asay has demolished the dilapidated structure and proposes to build a new duplex.
STATUS OF ISSUE: The future land use plan recommends this area to be used as low density
residential. However, existing zoning on the north side of E Polk Street is already 2F, and the
property directly south of 2126 is zoned 2F. Existing land uses are primarily single family
residential, with the exception of the two duplexes.
The zoning change request in not consistent with the comprehensive plan, however it would allow
a use that already exists in the area and is allowed directly across the street. There was no input
provided from the neighborhood regarding this change. If approved, this zoning change will
further the transition of this area to a medium density residential area. The Planning & Zoning
Commission voted 7-0 to recommend approval of this zoning change.
RECOMMENDATION: Approve of a zoning change from Single Family Dwelling District 2
(SF -2) to Two Family Dwelling District (2F).
9
I
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 OF PARIS
BLOCK 253-B, LOT 13, LOCATED AT 2126 E. POLK ST., FROM A SINGLE-
FAMILY DWELLING DISTRICT NO. 2 (SF -2) TO A TWO-FAMILY
DWELLING DISTRICT NO. 2 (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 City of Paris Block 253-B,
Lot 13, located at 2126 E. Polk, in the City of Paris, Lamar County, Texas, from a Single -
Family Dwelling District No. 2 (SF -2) to a Two -Family Dwelling District No. 2 (217); and,
WHEREAS, on October 5, 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 October 26, 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 253-13, Lot 13, located at 2126 E. Polk St., in the City of Paris, Lamar County,
Texas, from a Single -Family Dwelling District No. 2 (SF -2) to a Two -Family Dwelling
District (2F).
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 26th day of October, 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