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15 - Zoning Map Amendment Brownwood Addition from Multi-Family to One-Family and map amendment to the Devenwick Property LCAD 116525 from Multi-Family to One-FamilyItem No. 15 TO: Mayor, Mayor Pro -Tem & City Council Grayson Path, City Manager FROM: Andrew Mack, AICP Director Planning & Community Development SUBJECT: Public hearing to consider and take action regarding the petition of the City of Paris, Texas for a zoning map amendment in the Brownwood Addition from a Multiple -Family Dwelling District No. 1 (MF -1) to a One -Family Dwelling District No. 2 (SF -2) and a zoning map amendment to the Davenwick, LLC Property LCAD 116525 from a Multiple -Family Dwelling District No. 2 (MF - 2) to a One -Family Dwelling District No.2 (SF -2). DATE: July 26, 2021 BACKGROUND An Ordinance amending the zoning map was established in 1983 for a 25.03 acre tract of land from Agricultural and Light Industrial to Multiple -Family District No. 1 (Ord. No. 83-006). The ,Brownwood Addition was later developed in late 1999- early 2000's with single-family homes. Following the Commission's 6/16/21 work session, the City of Paris initiated a zoning map amendment for this area to maintain the character of this neighborhood consistent with the Comprehensive Plan and existing developed single family land uses. The hearing was held by the Planning & Zoning Commission on July 6, 2021. Testimony and inputs were received by a number of property owners both in favor and against the proposed zoning map changes. Following the conduct of the public hearing and the receipt of overwhelming objections by the property owners and potential developers of the vacant undeveloped 3.6 acre MF -2 site owned by Davenwick, LLC, the Planning & Zoning Commission unanimously recommended denial of the application they initiated. There were, however, no objections to the rezoning of the developed single family lots in the Brownwood Addition. Due to the fact that the hearing was published as a single action item, the changes could not be altered to remove the 3.6 acre unplatted tract from the rezoning action. Hence the P&Z recommendation to deny (see attached 7/6/21 P&Z Minutes). Based upon the Commission's action, staff subsequently initiated withdraw of the application now before the City Council for acceptance (please see attached memo). Additionally, based upon the concurrence of the P&Z Chair, the rezoning of only the Brownwood Subdivision single family lots were again advertised as a new hearing and a second round of notices were mailed out. The new hearing will be conducted by the P&Z on August 2na RECOMMENDATION Staff recommends acceptance for withdraw of the City initiated rezoning application. 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 CONSIDER AND TAKE ACTION REGARDING THE PETITION OF THE CITY OF PARIS, TEXAS FOR A ZONING MAP AMENDMENT FROM A MULTI -FAMILY DWELLING DISTRICT NO. 1 (MF -1) TO A ONE -FAMILY DWELLING DISTRICT NO. 2 (SF -2), FOR THE BROWNWOOD ADDITION AND A ZONING MAP AMENDMENT TO THE DAVENWICK, LCC PROPERTY, LCAD 116525, FROM A MULTI -FAMILY DWELLING DISTRICT NO. 2 (MF -2) TO A ONE -FAMILY DWELLING DISTRICT NO. 2 (SF -2); PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in 1983, by Ordinance No. 83-006, the City Council of the City of Paris, Texas amended the city's zoning map for a certain 25.03 acre tract of land from Agricultural (A) and Light Industrial (LI) to Multiple -Family District No. 1(MF-1); and WHEREAS, the Brownwood Addition was later developed on this tract in 1999-2000 with single-family homes; and WHEREAS, on June 16, 2021, the Planning and Zoning Commission's conducted a work session, and following said work session, the city of Paris initiated a zoning map amendment for this area to maintain the character of this neighborhood consistent with the Comprehensive Plan and existing developed single family land uses and set a public hearing for July 6, 2021; and WHEREAS, on July 6, 2021 following notice and publication as required by law, the Planning and Zoning Commission conducted a public hearing on a zoning map amendment from a Multi -Family Dwelling District No. 1 (MF -1) to a One -Family Dwelling District No. 2 (SF -2), for the Brownwood Addition and a zoning map amendment to the Davenwick, LLC property LCAD 116525 from a Multi -Family Dwelling District No. 2 (MF -2) to a One -Family Dwelling District No. 2 (SF -2), as depicted in map attached hereto as Exhibit A and incorporated herein by reference, and made formal recommendation to the City Council to deny same, thus requiring a three-quarters (3/4) vote of the City Council to approve the rezoning of the property; and WHEREAS, on July 26, 2021, following notice and publication as required bylaw, the City Council of the City of Paris conducted a public hearing on the proposed amendment to the City Zoning Map, 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 map 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 shall be amended to change a Multi -Family Dwelling District No.1 (MF -1) to a One -Family Dwelling District No. 2 (SF -2), for the Brownwood Addition and shall be amended to change the Davenwick, LLC property LCAD 116525 from a Multi -Family Dwelling District No. 2 (MF -2) to a One -Family Dwelling District No. 2 (SF -2), as depicted in the map attached hereto as Exhibit A and incorporated herein by reference. 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. 1.01.009 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 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 July, 2021, by the City Council of the City of Paris, in regular session, following notice and publication as required by law. Paula Portugal, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney Brownwood Addition & Davenwick LLC property LCAD 116525 N Generated on 7/21/21 jk Legend Brownwood Addition Boundaries Streets %A1, 75 150 300 Feet By: M. Mursewick MINUTES PLANNING AND ZONING COMMISSION CITY COUNCIL CHAMBERS 107 EAST KAUFMAN PARIS, TEXAS TUESDAY, JULY 06,2021,5:30 P.M. Item 9. Public hearing to act on a petition by the City of Paris to adopt an ordinance amending the zoning map for the Brownwood Addition from a Multi -Family Dwelling District No. I (MF -1) to a One - Family Dwelling District N6.2 (SF -2) and a zoning map amendment to the Davenwick, LLC property LCAD 116525 from a Multi -Family Dwelling District No. 2 (MF -2) to a One -Family Dwelling District No. 2 (SF -2). Mack states we received an inquiry from one of the residents in the Brownwood Addition expressing concerns about the current zoning of his property as multi -family permitting by right for a fourplex or apartments when this area has been developed with single-family residences. As a result of that the planning commission directed city staff to initiate this as a public hearing for changing the zoning from multi -family to a single-family district. Masks states this includes the Brownwood Addition as well as the unplatted, vacant lot to the west containing roughly 3.5 acres. The proposed change is consistent with the future land use plan guiding this area for low density residential. Staff is recommending approval as presented. There were eight input forms received in support of this change and one phone call in opposition. The public hearing was declared open. Bobby Smallwood, states he has bought and sold property here in Paris for over 50 years and never heard of a zoning change request being trade by anyone other than the property owner. He states the owners of the vacant property purchased it with the intent of what it's currently zoned for. He feels it's not right to request this change and he is opposed. Bart and John Chadwick spoke in opposition, stating they purchased LCAD 116525 property in 2016 because it was zoned MF -2. This 3.6 acres had been zoned that way for a long time prior to their purchase. The Brownwood Addition was developed in a multi -family zoning in the 90's. Their property borders the Elks Lodge and access to it does not affect the Brownwood Addition. Steve Clifford, Richard Thompson, James O'Bryan, and Tuesday Chadwick also spoke in opposition of this petition. Bill Foley, Paula Portugal, and Bill Sanders that live in the Brownwood development each spoke in favor of this zoning change as it is currently single-family homes in this area and all citied concerns of increased traffic. The public hearing was declared closed. Commissioners further discussed this item and the consensus was that the LCAD 116525 property should not be included in this request. Mack asked City Attorney Harris if by motion the commission could amend the agenda item to remove that portion affecting the MF2 zoning. Harris advised that a new hearing would be required separating the items. A motion was made by Sims Norment seconded by Michael Mosher to deny the petition. Motion carried 5-0.