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14 - Zoning Change Request - 1049 NW 7th Street - LCAD 15514 - from Commercial to One-Family Dwelling District No. 3Item No. 14 TO: City Council FROM: Andrew Mack, City Planner SUBJECT: ZONING CHANGE, 1049 NW 7TH STREET, LCAD 15514 DATE: April 26, 2021 BACKGROUND: Mary Lawrence is requesting a change in zoning from a Commercial District (C) to a One -Family Dwelling District No. 3 (SF -3). The subject property is located at 1049 NW 7th Street. The site is 0.1850 acres. STATUS OF ISSUE: Mary Lawrence is a City of Paris HOME program applicant and she is eligible to have her home reconstructed. The existing zoning is Commercial and one -family dwelling (attached/detached) is only allowed with a Special Use Permit. They are wishing to rezone to a non-commercial district without the need of a SUP. The surrounding uses are currently residential in nature with a nearby community park. The future land use calls for this lot to be low density residential, therefore, the change in zoning from Commercial to SF -3 is appropriate. City staff is in support of this zoning change request. The Planning & Zoning Commission voted 4-0 to approve of this zoning change at the April 5, 2021 meeting. RECOMMENDATION: Approve zoning change from a Commercial Disctrict (C) to a One - Family Dwelling District No. 3 (SF -3). 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 100-A, LOT 5, LOCATED 1049 NW 7TH STREET, FROM A COMMERCIAL DISTRICT (C) 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, City of Paris, Block 100- A, Lot 5, located at 1049 NW 7th Street, in the City of Paris, Lamar County, Texas, from a Commercial District (C) to a One -Family Dwelling District No. 3 (SF -3); and, WHEREAS, on April 5, 2021, 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 April 26, 2021, 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 of Paris, Block 100-A, Lot 5, located at 1049 NW 7th Street, in the City of Paris, Lamar County, Texas, from a Commercial District (C) 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 S. 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. 1.01.009 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 B. This ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED on this 26th day of April, 2021, by the City Council of the City of Paris, in regular session, following notice and publication as required by law. Paula Portugal, Mayor Pro -Tem ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney