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18 - Zoning Amendment - One-Family to Multiple-Family Block 257-A Lot N PT 3 - Lot 15 & 3A located at 2340 E. Cherry Street & 2331 Pine BluffItem No. 18 Memorandum TO: Mayor, Mayor Pro Tem and 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 Bailey Asay on behalf of Thou Chan for a change in zoning from a One -Family Dwelling District No. 2 (SF -2) to a Multiple -Family Dwelling District No. 1 (MF -1) in the City of Paris, Block 257-A, Lot N PT 3, Lot 15 & 3A, located at 2340 E Cherry Street and 2331 Pine Bluff- LCAD 18177 and 18190. DATE: April 25, 2022 BACKGROUND & DISCUSSION The applicant requested a rezoning change from SF -2 to MF -1 to permit the construction of a new 9-plex on the East Cherry Street frontage. The project is planned to begin this year, if approved. The residence fronting on Pine Bluff is not a part of the rezoning. The rear portion of this lot is being removed and added to the new plat for the parcel fronting on Cherry Street. This constitutes the area of the rezoning request. At its meeting held on April 4, 2022, the Planning & Zoning Commission unanimously recommended approval of the rezoning. ANALYSIS The subject property is zoned SF -2, is guided for Medium Density Residential and is a vacant lot. • The land to the West is zoned SF -2, is guided for Medium Density Residential, and is a single-family residence • The land to the North is Zoned MF -1, is guided for Medium Density Residential, and are duplexes and apartments. • The land to the East was recently rezoned to MF -1, is guided for Medium Density Residential, and 6 new duplexes will be constructed this year. • The land to the South is Zoned SF -2, is guided for Medium Density Residential, and are SF residences. RECOMMENDATION Staff recommends approval of the change in zoning from a One -Family Dwelling District No. 2 (SF -2) to a Multiple -Family Dwelling District No. 1 (MF -1) 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 TO CHANGE THE ZONING FROM A ONE - FAMILY DWELLING DISTRICT NO. 2 (SF -2) TO A MULTIPLE -FAMILY DWELLING DISTRICT NO. 1(MF-1) IN THE CITY OF PARIS, BLOCK 257-A, LOT N PT 3, LOT 15 & 3A, LOCATED AT 2340 E. CHERRY STREET AND 2331 PINE BLUFF; 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 change the zoning from a one - Family Dwelling District No. 1 (MF1) in the City of Paris, Block 257-A, Lot N PT3, Lot 15 & 3A, located at 2340 E. Cherry Street and 2331 Pine Bluff Street in the City of Paris, Lamar County, Texas; and, WHEREAS, on April 4, 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 April 25, 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 to change the zoning from a one -Family Dwelling District No.1 (MF1) in the City of Paris, Block 257-A, Lot N PT3, Lot 15 & 3A, located at 2340 E. Cherry Street and 2331 Pine Bluff Street, in the City of Paris, Lamar County, Texas. 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 April, 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