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13 - Zoning Amendment Stoneridge Estates Addition north of FM 195 - Agricultural to a One-Family Dwelling District for lots over 1.5 acresItem No. 13 1�� 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 Mark Cunningham for a change in zoning from an Agricultural District (A) to a One -Family Dwelling District No.1 (SF -1) for lots over 1.5 acres and One -Family Dwelling District No. 2 (SF - 2) for lots less than 1.5 acres in the Stoneridge Estates Addition, located north of FM 195 DATE: October 25, 2021 BACKGROUND Mark Cunningham has requested a zoning change from Agricultural to One -Family Dwelling Districts SF and SF2. ANALYSIS The area is zoned an Agricultural District (A) with the Future Land Use Map guided for Low Density Residential along FM 195 and to the North. The area consists of single family residences. The intent is to rezone all developed phases with homes to match the current use of the property. All parcels existing and new and proposed lots within the city limits that are or will be 1.5 acres in size or greater, will be changed to SF -1. All existing and proposed new proposed lots less than 1.5 acres in size will be changed to SF -2. The 1.5 acre lots in phase 9 along the south side of Lane have petitioned to dis-annex from the city limits. The reason for this is the fact that their lots are split in the middle with the corporate boundary instead of following the platted lot lines. The parcels are not assessed in the City of Paris, but the back yards are technically required to be regulated with regard to building permits and enforcement, etc. by the City. None of the residents were aware of this and I worked with the developer to get this sorted out now moving forward with the next phase of development. PUBLIC INPUT To date one public input form has been received in favor of the request. Also received is the dis-annexation request by residents of phase 9. This is being discussed by council on a separate agenda item. 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 MAKE A CHANGE IN ZONING FROM AND AGRICULTURAL DISTRICT (A) TO A ONE -FAMILY DWELLING DISTRICT NO. 1 (SF -1) FOR LOTS OVER 1.5 ACRES AND ONE -FAMILY DWELLING DISTRICT NO.2 (SF -2) FOR LOTS LESS THAN 1.5 ACRES IN THE STONERIDGE ESTATES ADDITION, LOCATED NORTH OF FM 195; 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 make a change in zoning from and Agricultural District (A) to a One -Family Dwelling District No.1 (SF -1) for lots over 1.5 acres and One -Family Dwelling District No. 2 (SF -2) for lots less than 1.5 acres in the Stoneridge estates addition, located north of FM 195; and, WHEREAS, on October 4, 2021, following notice and publication as required bylaw, 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 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 make a change in zoning from and Agricultural District (A) to a One -Family Dwelling District No. 1(SF-1) for lots over 1.5 acres and One -Family Dwelling District No. 2 (SF -2) for lots less than 1.5 acres in the Stoneridge estates addition, located north of FM 195. 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 25th 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