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18 A&B - Future Land Use Map Amendment 912 E Price Street LCAD 13787 - Zoning Change for 912 E Price Street LCAD 13787Item Nos. 18 A & B TO: Mayor, Mayor Pro Tem and City Council Grayson Path, City Manager FROM: Andrew Mack, AICP SUBJECTS: A. Public hearing to consider and take action regarding the petition of Jeremy Berry to amend the Future Land Use Map (FLUM) of the Comprehensive Plan from Low Density Residential (LDR) to Medium Density Residential (MDR) on property located at 912 E Price Street- LCAD 13787— and - B. Public hearing to consider and take action regarding the petition of Jeremy Berry for a change in zoning from a Two -Family Dwelling District (2F) to a Multiple -Family Dwelling District No. I (MF -1) in the City of Paris, Block 31, Lot 1, located at 912 E Price Street- LCAD 13787 DATE: March 28, 2022 BACKGROUND This application involves two agenda items: 1. Changing the FLUM parcel owned by the applicant Mr. Berry from Low Density Residential (LDR) to Medium Density Residential (MDR). The reason for the change to the City's FLUM is to assure that the rezoning of property is in accordance with the City's approved Comprehensive Plan. 2. The last step in the three agenda process of approval is to rezone the property located at 912 E. Price Street from 2-F to MF -1. This change will allow an after -the -fact change in zoning for the dwelling that was illegally converted from a duplex by the prior owner, to a four-plex in order to permit the conversion of the rental property to a conforming land use. If approved, the new owner will still be required to obtain a building permit for the structure conversion which cannot be permitted until the zoning change is approved. The rezoning cannot be conditioned upon building permit approval. ANALYSIS & FINDINGS • The changing of the area guided to medium density is consistent with a mix of land uses in the immediate surrounding area. • The change in zoning from 2F to MF -1 will be consistent with the FLUM, as amended. • The change in zoning will authorize an after -the -fact permit to be issued to bring the structure up to building code life safety requirements. PUBLIC COMMENT INPUTS Two input responses were received both in opposition to the change of the FLUM. Public testimony at the P&Z hearing was in opposition to the request. RECOMMENDATION The Planning & Zoning Commission and Staff recommend approval of the two agenda items changing the 912 Price Street FLUM from LDR to MDR and the rezoning of the rental residence from 2F to MF -1. Map For Agenda Item 18 N Items 18 A and B 0 50 100 200 Feet fill Item 18 C ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS APPROVING AND ADOPTING REVISIONS TO THE FUTURE LAND USE PLAN MAP FOR THE CITY OF PARIS AS IT PERTAINS TO CITY BLOCK 31, LOT 1, LOCATED AT 912 EAST PRICE STREET, CITY OF PARIS, LAMAR COUNTY, TEXAS; FROM LOW DENSITY RESIDENTIAL (LDR) TO MEDIUM DENSITY RESIDENTIAL (MDR); MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 211.004 of the Local Government Code requires that all zoning regulations must be adopted in accordance with a comprehensive plan and must be designed to lessen congestion in the streets; secure safety from fire, panic, and other dangers; promote health and the general welfare; provide adequate light and air; prevent the overcrowding of land, avoid undue concentration of population; or facilitate the adequate provision of transportation, water, sewers, schools, parks, and other public requirements; and, WHEREAS, Chapter 213, of the Texas Local Government Code empowers municipalities for the purpose of promoting sound development and promoting public health, safety, and welfare to adopt a comprehensive plan for the long range development of said municipalities; and, WHEREAS, Chapter 213 of the Local Government Code empowers a municipality to define the content and design of a comprehensive plan; and, WHEREAS, Chapter 213 of the Local Government Code provides that a comprehensive plan may: 1. Include but is not limited to provisions on land use, transportation, and public facilities; 2. Consist of a single plan or a coordinated set of plans organized by subject and geographic areas; and 3. Be used to coordinate and guide the establishment of development regulations; and, WHEREAS, the adoption of the proposed Comprehensive Plan shall not, in accordance with Section 213.004 of the Local Government Code, limit the ability of the City of Paris to prepare other plans, policies, or strategies related to land use and land use planning as required; and, WHEREAS, in September 2001, the City Council adopted a City of Paris, Texas Comprehensive Plan and Future Land Use Plan; and, WHEREAS, said 2001 Comprehensive Plan and Future Land Use Plan and said Land Use Plan Definitions were amended and adopted in May, 2008, and, WHEREAS, in October of 2018, the City Council adopted significant revisions to the Comprehensive Plan and the Future Land Use Plan; and WHEREAS, on March 7, 2022 the Planning and Zoning Commission held a public hearing to review and consider a request to amend the Future Land Use Plan Map as it pertains to the property located on City Block 31, Lot 1, located at 912 East Price Street, City of Paris, Lamar County, Texas, from Low Density Residential (LDR) to Medium Density Residential (MDR), and following the public hearing voted to recommend the amendment to the Paris City Council; and, WHEREAS, on March 28, 2022, the City Council of the City of Paris held a public hearing to receive input from the citizens of the City of Paris regarding the proposed amendment to the Future Land Use Plan Map; and, WHEREAS, following the public hearing and consideration of the proposed amendment to the Future Land Use Plan Map for the City of Paris, the City Council determined that this amendment would be in the best interest of the City of Paris and its citizens, and the same should be approved. 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 Future Land Use Plan Map of the City of Paris, Texas shall be amended to change the potential zoning classifications for the property described as City Block 31, Lot 1, located at 912 East Price Street, City of Paris, Lamar County, Texas, from Low Density Residential (LDR) to Medium Density Residential (MDR). Section 3. 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 4. 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 5. 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 6. That this ordinance shall become effective from and after its passage. PASSED AND ADOPTED on this 28th day of March, 2022. Paula Portugal, Mayor ATTESTED: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney 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 31, LOT 1, LOCATED AT 912 EAST PRICE STREET, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A TWO-FAMILY DWELLING DISTRICT (217) TO A MULTIPLE -FAMILY DISTRICT NO. 1 (MF -1); 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 31, Lot 1, located at 912 E. Price Street, in the City of Paris, Lamar County, Texas, from a Two -Family Dwelling District (2F) to a Multiple -Family District No. 1(MF-1); and, WHEREAS, on March 7, 2022, 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 March 28, 2022, 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 31, Lot 1, located at 912 E. Price Street, in the City of Paris, Lamar County, Texas, from a Two -Family Dwelling District (2F) to a Multiple -Family District No. 1 (MF -1). 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 28th day of March, 2022, 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