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23 - Zoning Amendment from One-Family Dwelling to a Two-Family Dwelling - Willowcrest #1 Addition Block B Lot 6 located at 2560-2562 Kessler DriveItem No. 23 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 the City of Paris for a change in zoning from a One -Family Dwelling District No. 2 (SF -2) to a Two -Family Dwelling District (2F) in the Willowcrest #1 Addition, Block B, Lot 6, located at 2560- 2562 Kessler Dr. - LCAD 39754. MTG. DATE: December 13, 2021 BACKGROUND The City of Paris has initiated a rezoning change from SF -2 to 2F in tandem with the Judy Daughtrey 2F rezoning. Following this application, it was identified that an adjoining lot already has a duplex constructed on the property and this change will eliminate the residences as a non -conforming dwelling by making it conforming. It will also provide for an expanded & contiguous 2F District Boundary. The property is conforming in size with regard to dimensions and existing setbacks. P&Z recommended approval at their meeting held on 12/6/21. ANALYSIS • The subject property is zoned SF -2, is Guided for Medium Density Residential and the residence is a duplex • The land area to the West is zoned 217, is Guided for Medium Density Residential, and the residence is a duplex • The land area to the North is Zoned SF -2, is guided for Medium Density Residential, with a single- family home • The land area to the East is Zoned SF -2, is guided for Medium Density Residential, with a single- family home • The land area to the South is Zoned SF -2, is guided for Low Density Residential, and is undeveloped PUBLIC INPUT One written public input was received in opposition, but the same property owner attended the hearing and did not speak in opposition. RECOMMENDATION Staff and the Planning & Zoning Commission recommends approval of the rezoning from SF -2 to 2F. 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 B, LOT 6 LOCATED AT 2560-2562 KESSLER DRIVE, FROM A ONE -FAMILY DWELLING DISTRICT NO. 2 (SF -2) TO A TWO-FAMILY DWELLING DISTRICT (217); 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 B, Lot 6, located at 2560-2562 Kessler Drive, in the City of Paris, Lamar County, Texas, from a One - Family Dwelling District No. 2 (SF -2) to a Two -Family Dwelling District (2F); and, WHEREAS, on December 6, 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 December 13, 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 B, Lot 6, located at 2560-2562 Kessler Drive, in the City of Paris, Lamar County, Texas, from a One -Family Dwelling District No. 2 (SF -2) to a Two -Family Dwelling District (2F). 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 8. This ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED on this 13th day of December, 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