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17 - Zoning Amendment Brownwood Addition from Multiple-Family to One-Family DwellingItem No. 17 Fly, MIT" I M'' , M' TO: Mayor, Mayor Pro -Tem & City Council Grayson Path, City Manager FROM: Andrew Mack, AICP Director Planning & Community Development SUBJECT: Public bearing 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) 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. This Ordinance amends the zoning map that 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. In 2007 the City approved a rezoning request by the previous owners of the Davenwick property changing the zoning from Agriculture (A) to Multiple -Family District No. 2 (MF -2). The following current year 2021 actions have now occurred on the City Planning Commission initiated zoning map amendments for this area: • P&Z discusses in work session on 6/16/21 & initiates city rezone case • P&Z holds public hearing on 7/6/21 & recommends denial of rezoning case based upon testimony received by land owners of Davenwick 3.6 acre parcel owners included with rezoning boundary to SF -2 • Staff initiates 2nd round public hearing notices to rezone Brownwood Subdivision excluding the 3.6 acres • Staff prepares Council recommendation to withdraw original application based upon P&Z action • Brownwood neighborhood circulates petition to Council to approve original rezoning map amendments • Council holds public hearing on rezoning of both areas and approves recommendation to withdraw • P&Z holds new hearing on rezoning just Brownwood Subdivision & recommends approval to Council ANALYSIS The Brownwood Subdivision is zoned MF -1 and under the Future Land Use Map this area is guided for Low Density Residential. The current land uses are all single-family homes. The land area to the North and West is all guided for Low Density Residential. These large undeveloped surrounding areas are all zoned SF -2 with the exception of 3.6 acre Davenwick Parcel which is zoned MF -2 and the Paris Elks Lodge which is zoned Agricultural. The large undeveloped land areas to the East and South is also guided for Low Density Residential and zoned Agricultural. If this 200+ acre area is planned for future residential development, an area study and plan should be undertaken by the City. PUBLIC INPUT One public comment was received at the Commission's Hearing in favor of the rezoning change. RECOMMENDATION Staff recommends approval of the Planning & Zoning Commission's recommended rezoning from MF- S 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 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; 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 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 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, 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 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 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 Enly aeeedn,8 Brownwood Addition Zoning Ma N Generated on 8/17/21 Legend I Brownwood Addition Boundaries Streets Zoning Code A (Agriculture) MF -1 (Multi Family 1) MF -2 (Multi Family 2) SF -2 (Single Family 2) 0 125 250 500 750 1,000 Feet n-.. 4 4 11 l-_.-----.]-1