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24 - Zoning Amendment from One-Family Dwlling District to a Two-Family Dwelling District in the Wollowcrest #2 Addition Block A Lot 7 lcoated at 1315 N.E. 26th StreetItem No. 24 Memorandum TO: 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 Judy Daugherty 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 #2 Addition, Block A, Lot 7, located at 1315 NE 26th Street- LCAD 39756. MTG. DATE: December 13, 2021 BACKGROUND At its meeting held on December 6, 2021, the Commission recommended denial to the City Council for the above rezoning request by Judy Daugherty on a 5-1 vote. The original staff recommendation was for approval based upon the Future Land Use Map guiding the neighborhood for Medium Density Residential but; this was prior to objections received during the public hearing proceedings for the case. Ms. Daugherty was not in attendance at the P&Z hearing, but plans to be in attendance at the Council meeting. The zoning change is from SF -2 to 2F. The applicant intends to construct a duplex. The proposed change would also have provided for an expanded & contiguous 2F District Boundary, although it would be the only duplex residence along the 1 block area of 26th St. NE. There are, however, duplexes developed along Kessler Dr. to the southwest and in the cul-de-sac area at the north end of the block on 26th. The property is conforming in size with regard to dimensions and setbacks for new duplex construction. ANALYSIS • The subject property is zoned SF -2, is Guided for Medium Density Residential and is undeveloped • 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 Medium Density Residential, with a single- family home PUBLIC INPUT Two public inputs were received in opposition to the request during the hearing. Inconsistency with the immediate character of the block were the reasons cited by who objected to the rezoning request. RECOMMENDATION Staff is no longer recommending approval of the rezoning based upon the findings presented from the objecting property owners in the neighborhood. If, however, the Council decides to approve the request, the ordinance approval is recommended to have a 3/4t"'s vote, or 6 out of 7 Council members. The City Attorney has prepared an ordinance draft consistent with such an approval should the Council approve the action. If, however, the Council decides to follow the Planning & Zoning Commission's recommendation for denial, a simple majority vote is all that is required. If Council approves an action for denial, the wording of the motion is recommended as follows: "Motion to approve directing staff to prepare a resolution with findings of fact consistent with denial to be brought back for final action by the Council." 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 A, LOT 7 LOCATED AT 1315 NE 26TH STREET, 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 A, Lot 7, located at 1315 NE 26th Street, in the City of Paris, Lamar County, Texas, from a One -Family Dwelling District No. 2 (SF -2) to a Two -Family Dwelling District (217); 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 deny the requested zoning thereby requiring a three- quarter (3/4) majority vote of the City Council to approve the rezoning of the property; 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 A, Lot 7, located at 1315 NE 26th Street, 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 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 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