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12 - Zoning Amendment - Block 220-A Lot 9A & 6 - 1905 E. Price Street - from Two-Family to Multiple Family - LCAD 22040Item No. 12 M I emorandum 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 Michael McAfee for a change in zoning from a Two -Family Dwelling District (2F) to a Multiple -Family Dwelling District No. 2 (MF -2) in the City of Paris, Block 220-A, Lot 9A & 6, located at 1905 E Price Street- LCAD 22040. DATE: October 25, 2021 BACKGROUND & DISCUSSION Michael McAfee initially requested a zoning change from 2F to MF -2 to permit a planned remodel of the vacant former day care on this property to a residential dormitory. The initial application was withdrawn, but then subsequently re -submitted. He has stated that he is at this time uncertain if it will be remodeled to a dormitory type residence. From past reports on the previous day care operation at this site, it was a very well respected and most popular day care operation in the City of Paris for years. Price Street is very narrow & needs upgrade, but is used as a secondary means of accessing the site from Lamar Avenue. ANALYSIS The subject area is zoned Two -Family Dwelling District (2F) with the Future Land Use Map guided for Low Density Residential between Price to Pine Mill Streets. The land area to the West is: Zoned PD after being rezoned from 2F District; it is guided for Low Density Residential; and is a vacant lot. The land area to the North is zoned 2F, including the subject property which is a combined parcel through lot; it is guided for Low Density Residential; and consists of single family residences along Pine Mill Street with a number of mature deciduous trees. This portion of the property is excluded from the rezoning application (which would result in `split zoning' on the parcel). The land area to the East is zoned Office and General Retail; it is guided for Low Density Residential; and consists of single family residential uses with businesses along 20th Street NE. The land area to the South is zoned Commercial and MF -1; it is guided for Low Density Residential along Price, and Commercial further South along Lamar; and consists of one and two-family dwellings and businesses along 19th St. NE, and a hotel and commercial businesses fronting Lamar. CITIZEN INPUT Concerns were expressed by the resident to the east regarding increased traffic impacts on the narrow Price Street. The street has existed this way for many years and should be considered for upgrade by the City at some point in the future, however, as with the day care operation, it will not be used as a primary means of accessing the subject property. RECOMMENDATION Staff and the Planning & Zoning Commission recommend approval of this zoning change. 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 220-A, LOT 9A AND 6, LOCATED AT 1905 E. PRICE STREET FROM A TWO- FAMILY DWELLING DISTRICT (217) TO A MULTIPLE -FAMILY DWELLING DISTRICT NO. 2 (MF -2) IN THE CITY OF PARIS, TEXAS; 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 220-A Lot 9A and 6, located at 1905 E. Price Street in the City of Paris, Lamar County, Texas, from a Two -Family Dwelling District (2F) to a Multiple -Family Dwelling District No. 2 (MF -2); and, WHEREAS, on October 4, 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 October 25, 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 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 220-A Lot 9A and 6, located at 1905 E. Price Street in the City of Paris, Lamar County, Texas, from a Two -Family Dwelling District (2F) to a Multiple -Family Dwelling District No. 2 (MF -2). 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 2Sth day of October, 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