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19 - Amending the zoning map for Suburban Estates Addition and Cope Street north of Pine Mill Road from an Agricultural District to a One-Family Dwelling District No. 2Item No. 19 TO: Mayor, Mayor Pro -Tem & City Council Grayson Path, City Manager FROM: Andrew Mack, AICP Director Planning & Community Development SUBJECT: Ordinance Amending the Zoning Map for the Suburban Estates Addition and Cope Street north of Pine Mill Road from Agricultural (A) to One -Family Dwelling District No. 2 (SF -2) DATE: July 26, 2021 BACKGROUND & DISCUSSION An Ordinance providing for the extension of certain boundary limits of the City of Paris and the annexation of certain territory consisting of 5,389.031 acres was adopted in December 1997 (Ord. No. 97-059). All territory hereafter annexed is temporarily classified as an Agricultural District. The procedure for establishing permanent zoning on annexed territory was not completed when the Suburban Estates Addition and Cope Street north of Pine Mill Rd. was developed with single- family homes. Following the Planning & Zoning Commission's discussion at the 6/16/21 work session, the Commission initiated a map amendment to establish permanent zoning for this area. The public hearing was held on July 6, 2021 by the Commission and unanimously recommended approval of a change to the zoning map to the City Council. ANALYSIS The subject area is zoned Agricultural, under the Future Land Use Map this area is guided for Low Density Residential. The current land uses are primarily single-family homes with the exception of the Pecan Place Addition to the southwest, which is, zoned Multiple -Family for existing quadraplexes. In addition, there was a zoning change in 2019 to 2F for a duplex at the corner of Pine Mill and Mockingbird. This zoning change will not affect those existing uses. The land area to the North and South is zoned Agricultural and will be reviewed at a future date for amendment. PUBLIC INPUT Two input forms were received in opposition of this zoning change. Staff believes these were largely a result of a misunderstanding by the land owners as to the intent of these map amendment changes as initiated by the Planning & Zoning Commission. A number of calls were also received by staff and after a simple explanation on the intent of the changes, their concerns were alleviated. No objections were voiced at the public hearing before the Commission. RECOMMENDATION Staff recommends approval an ordinance rezoning these properties from A to SF -2. 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 MAP AMENDMENT FROM AN AGRICULTURE DISTRICT (A) TO A ONE -FAMILY DISTRICT NO. 2 (SF -2), FOR THE SUBURBAN ESTATES ADDITION AND COPE STREET NORTH OF PINE MILL RD.; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, an Ordinance providing for the extension of certain boundary limits of the City of Paris and the annexation of territory consisting of 5,389.031 acres was adopted in December 1997 by Ordinance No. 97-059 and classified as Agriculture (A); and WHEREAS, the procedure for establishing permanent zoning on annexed territory was not completed when the Suburban Estates Addition and Cope Street north of Pine Mill Rd. was developed with single-family homes; and WHEREAS, although the subject area is currently zoned Agriculture (A), under the Future Land Use Map this area is guided for Low Density Residential and the current land uses are primarily single-family homes with the exception of the Pecan Place Addition to the southwest, zoned Multiple -Family for existing quadplexes as well as a zoning change in 2019 to 2F for a duplex at the corner of Pine Mill and Mockingbird.; and, WHEREAS, at the June 16, 2021 Planning and Zoning work session, the City of Paris initiated a map amendment to establish permanent zoning for this area and initiated public notices and the public hearing was scheduled; and WHEREAS, 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 Map for the Suburban Estates Addition and Cope Street north of Pine Mill Rd., changing from an Agriculture District (A) to a One -Family 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 approve same; and WHEREAS, on July 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 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 to change an Agriculture District (A), to a One -Family District No. 2 (SF -2), in the Suburban Estates Addition and Cope Street north of Pine Mill Rd. as set forth in Exhibit A attached hereto 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 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 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 Suburban Estates N Genemkd on 7/21/21 Legend Suburban Estates Boundaries Streets 125 250 500 Feet By: M. Mursewick