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16 - Zoning Amendment Highland Park Addition Block 4 Lot 7A and all of 8 located at 2023 Culberston - LCAD 12133pdfItem No. 16 Memorandum 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 Cal Reep for a change in zoning from One -Family Dwelling District No. 2 (SF -2) to a Multi -Family Dwelling District No. 1 (MF -1), in the Highland Park Addition, Block 4, Lot 7A & All of 8, located at 2023 Culbertson St- LCAD 12133. DATE: August 23, 2021 BACKGROUND & DISCUSSION At its meeting held on August 2, 2021 the Planning & Zoning Commission unanimously recommended approval to the City Council for this rezoning request. Cal Reep requested a rezoning change from SF -2 to MF -1 to permit the re -occupancy of a permitted remodeling of an accessory structure in the rear yard. The prior owner of the property submitted the same request for rezoning of the property. Substantial objection of the residents in the neighborhood were made and the request was not approved by the City. The inspections of the accessory structure permitted remodel resulted in additional research of the site usage, a red tag for release of electric meter changes release, and the subsequent renewed request for rezoning of the property. ANALYSIS The subject property is zoned SF -2, and the primary residence was converted this year from a non- conforming duplex to a conforming single family residence. The 2 -story accessory structure in the rear yard was previously an occupied detached rental dwelling. As follow up to the previous denied rezoning, code enforcement measures were undertaken to remove the unapproved occupancy of the accessory structure and the property was cleaned up from illegal outdoor storage and junk in the yard. Following these successful enforcement efforts, the property subsequently changed ownership. The new owner has invested in the rehabilitation and upgrade of the property and dwellings. • The land area to the West is zoned MF -1, is Guided for Low Density Residential, and is a tri-plex • The land area to North is Zoned 2-F & SF -2, is guided for Low Density Residential, and is duplex • The land area to the East is Zoned SF -2, is guided for Low Density Residential, and is a vacant lot • The land area to the South is Zoned 2F, is guided for Low Density Residential, and are SF residences PUBLIC INPUT One public comment has been received to date in opposition with concerns of yard maintenance and other building concerns. Please reference input form. No one appeared at the Commission's Hearing in opposition. RECOMMENDATION Staff recommends approval of the Planning & Zoning Commission's recommended rezoning from SF -2 to MF -1. 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 4, LOT 7A AND ALL OF BLOCK 8, LOCATED AT 2023 CULBERTSON STREET, FROM A ONE -FAMILY DWELLING DISTRICT NO.2 (SF -2) TO A MULTIPLE - FAMILY DWELLING DISTRICT NO. 1 (MF -1); 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 4, Lot 7A and all of Block 8, located at 2023 Culbertson Street, in the City of Paris, Lamar County, Texas, from a One -Family Dwelling District No. 2 (SF -2) to a Multiple -Family Dwelling District No.1 (MF -1); and, WHEREAS, on August 2, 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 August 23, 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 4, Lot 7A and all of Block 8, located at 2023 Culbertson Street, in the City of Paris, Lamar County, Texas, from a One -Family Dwelling District No. 2 (SF -2) to a Multiple -Family Dwelling District No. 1(MF-1). 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 23rd day of August, 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