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20 - Map Amendment Paradise Estates AdditionItem No. 20 TO: Mayor, Mayor Pro Tem and City Council Grayson Path, City Manager FROM: Andrew Mack, AICP SUBJECTS: Public hearing to consider and take action regarding the petition of the City of Paris for a map amendment from an Agricultural District (A) to a One - Family Dwelling District No. 2 (SF -2) in the A571 J Moore Survey, Tract 3, LCAD 52907 and all of Paradise Estates Addition north of Old Clarksville Rd. DATE: March 28, 2022 BACKGROUND The City of Paris initiated a change in zoning from AG to a SF -2 for the entire Subdivision. The City annexed the subdivision many years ago into the City Limits. At that time the City did not change the zoning for the existing single family to a single family zoning district. Rather, when property is annexed into the City Limits the default zoning district automatically becomes Agricultural. In the past month or so, City Staff was contacted by a resident in the development concerned about uses that are permitted under the City's Zoning Ordinance for agricultural activities and structures. The most recent permit for the subdivision was for a barn as a primary use of the property and a new privacy fence constructed. At its public hearing conducted on March 7, 2022 the Planning & Zoning Commission (P&Z) recommended denial of the City initiated application as guided by the City's Comprehensive Plan. The reason for this recommendation was two -fold. First, there were a number of residents in the subdivision that were unclear as to what the City's intent was with the proposed changes and what would and would not be permitted/allowed under the new SF -2 Zoning District. Second, the P&Z was in a majority opinion that the City should not initiate wholesale zoning changes for property unless specifically requested by a property owner. This, in Staff's opinion, was a result of objections expressed at the hearing irrespective of City's adopted plan and 4 past neighborhood rezoning initiatives by the City. RECOMMENDATION The P&Z recommended denial of the application. Should council concur with their recommendation, then a motion to accept withdraw of the application should be approved. Map For Agenda Item 20 Parcels Affected by Item 20 0 375 750 1,500 Feet 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 PROPERTY LOCATED IN THE A571 J MOORE SURVEY, TRACT 3, AND ALL OF PARADISE ESTATES ADDITION NORTH OF OLD CLARKSVILLE RD., IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM AN AGRICULTURAL DISTRICT TO A ONE - FAMILY DWELLING DISTRICT NO. 2 (SF -2) DISTRICT; 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 property located in the AS71 J Moore Survey, Tract 3, and all of Paradise Estates Addition north of Old Clarksville Rd., in the City of Paris, Lamar County, Texas, from an Agricultural District to a One -Family Dwelling District No. 2 (SF -2) District; 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 the public hearing voted to deny the amendment and made a formal recommendation to the City Council to deny same, thus requiring a three-quarters (3/4) vote of the City Council to approve the rezoning of the property; 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 property located in the A571 J Moore Survey, Tract 3, and all of Paradise Estates Addition north of Old Clarksville Rd., in the City of Paris, Lamar County, Texas, from an Agricultural District to a One -Family Dwelling District No. 2 (SF -2) District. 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