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